REGULAR MEETING
May 14, 1979
The Regular Meeting of Council was held on May 14, 1979 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
The Minutes of the Regular Council Meeting of April 23, 1979 was unanimously approved by motion of Mr. Bewick, seconded by Mr. Muir and bore the written approval of Vice-Mayor Muir.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 30, 1979 with Chairman Bewick presiding.
Project #72-A - Sewer Assessment - Leipsic Road & Persimmon Tree Lane
Referring to the minutes of the Utility Committee meeting of April 30th, Mr. Bewick pointed out that a special committee was appointed consisting of Mr. Carson and Mr. Mogan for the purpose of reviewing the methods presently used for property assessments where utilities such as sewers are involved. A special utility committee meeting will be held to resolve issues involved in the Leipsic Road/Persimmon Tree Lane project.
Mr. Bewick moved to extend the original sixty day moratorium on billing of the property owners on Leipsic Road and Persimmon Tree Lane, approved by Council, for an additional thirty days. This would permit time for a committee recommendation after review of the special committee report. The motion was seconded by Mr. McDonough and unanimously carried.
Questioned by Mr. Weyandt, Mr. Bewick stated that the sewer taps permitted on the Leipsic Road, to serve restrooms for Dover Downs, will be part of the study conducted by Mr. Mogan and Councilman Carson. It was mentioned that although no assessment charges were levied, the standard tapping fee of the City of Dover, approved by Council, will apply.
Conrail Switching Noise
Referring to the recent resumption of Conrail switching noise, off of New Burton Road, Mr. Bewick stated that the news media intimated a reduction of such activities by Conrail after recent publicity stemming from resident’s complaints to the committee. He added that this is not the case since switching activity during early morning hours has occurred as recent as the weekend of May 12th.
Mr. Bewick moved that the following recommendations of the committee be approved:
1. A resolution to Conrail, with copies to state officials and congressman, requesting that Conrail honor the original agreement with the City of Dover.
2. That the City comment on the regulations recently released on or before June 1st.
3. That a recommendation be forwarded to the congressional delegation requesting re-enactment of the noise control act of 1972 which gives local authorizes power to regulate railroad yard noise.
4. That the City of Dover make application for funds under the Quiet City Act.
The motion was seconded by Mr. McDonough and unanimously carried.
Power Generation Attorney
The committee approved a request by the City Manager to initiate a search for a power generation attorney; one who is highly specialized in this field. The attorney would be qualified to review contracts and agreements that will be related to the construction of unit #4.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle.
Mr. Carson objected to the hiring of an attorney until such time that a statement of finance that would outline profit structure of McKee Run is available. He thought it unfair to the public to launch a unit #4 project until this information is a part of the record.
Mr. Bewick informed Mr. Carson that this would be a part of the feasibility study and added that pertinent information along these lines is incorporated in the Middle West report.
Mr. McDonough agreed that some type of simplified report should be available to the Council.
Mr. Witt reminded Council that printed information is available that substantiates the fact that McKee Run is one of the better run municipal power generation plants in the nation.
Mayor Legates pointed out that Council would only be approving the initiation of a search for a power generation attorney and not the actual hiring of an attorney. This would include a report to Council on the cost involved.
Mr. Bewick’s motion was approved by a unanimous voice call vote.
St. Jones Sewer Interceptor - Bid Award
The committee discussed a bid award recommendation to initiate the St. Jones Sewer Interceptor Project which is a step III EPA grant. There were four bidders with J.H. Reid of Plainfield, N.J. being successful in the submission of a bud for $1,112,118.
During the discussion, the City Manager expressed some concern with the bid since it was submitted in an unbalanced form.
Asked to explain an unbalanced bid, Mr. Woods stated that the successful bidder incorporated all costs for installation in the pipe. Costs for excavation, well pointing, sheeting, etc., were bid at one penny. A balanced bid would have shown costs for these individual items. A study of all bids revealed that J.H. Reid is approximately $100,000 under the second lowest bidder. Regardless of the method utilized by Reid in submitting the bid, Mr. Woods stated that he could see no way that the City would get hurt on the overall contract.
Questioned by Mr. Weyandt, Mr. Bewick informed Council that J.H. Reid comes highly recommended per a qualification investigation conducted by the City Manager.
As recommended by the committee, Mr. Bewick moved that the bid be awarded to J.H. Reid in the amount of $1,112,118. The motion was seconded by Mr. Muir and unanimously carried.
Mr. Witt moved for approval of the Utility Committee as submitted, seconded by Mr. McDonough and unanimously carried.
LOOCKERMAN STREET BRIDGE DAMAGE
Mr. Carson related to his personal investigation of the circumstances surrounding damage to the marble railing of the Loockerman Street bridge which occurred on May of 1978, expressing great dissatisfaction that nothing has been accomplished to insure restoration of same. The damage to approximately one-third of the railing was caused by a vehicular accident.
He pointed out that the State Highway Department is responsible for initiating repairs under an existing agreement relating to state maintained streets in the City.
The incident is now in litigation involving the insurance carrier and the owner of the vehicle due to the cost of repairs which involves replacement of the marble handrail.
Mr. Carson moved that Councilman Bewick, as Director of Highways, expedite repairs of the bridge by conducting a personal investigation. The motion was seconded by Mr. Witt and unanimously carried.
PUBLIC HEARING - STOP SIGN ORDINANCE - SOUTHEAST CORNER OF BRADFORD ST. & WYOMING AVENUE
A public hearing was duly advertised for this time and place to consider the adoption of an ordinance that would initiate installation of a stop sign on the southeast corner of Bradford Street and Wyoming Avenue.
Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
A stop sign shall be placed at the southeast corner of the intersection of Bradford Street and Wyoming Avenue requiring traffic traveling northbound on Bradford Street to stop at the intersection with Wyoming Avenue.
This ordinance shall be enforced upon erection of the appropriate sign.
ADOPTED MAY 14, 1979
PUBLIC HEARING - GASOLINE STORAGE - RESIDENTIAL AREAS
A public hearing was duly advertised for this time and place to consider an ordinance that would limit and control the storage and installation of underground gasoline tanks in residential areas. Mayor Legates declared the hearing open.
Mr. Roe explained that the existing fire code, adopted by the City of Dover, restricts the storage of gasoline in residential areas above ground but does not cover the storage of gasoline in underground tanks.
There was no one present to speak for or against the ordinance and no correspondence.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council by a unanimous roll call vote, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by adding a new subsection to Chapter 14, Fire Prevention, Section 3, said subsection to read as follows:
(C) Limits in which underground tanks are prohibited. Storage, handling, or use of Class IA and Class IB liquids (as defined in the Fire Prevention Code) in underground tanks is prohibited in all Zones as set forth in the Zoning Ordinance with the exception of the following Zones: Service Commercial Zone (C-3), Highway Commercial Zone (C-4), and Manufacturing and Industrial Park Manufacturing areas in accordance with the requirements of the Zoning Ordinance.
ADOPTED MAY 14, 1979
PROPOSED CHARTER CHANGE - DATE OF SETTING TAX RATE
Mr. Weyandt stated a growing concern for the necessity of setting the City of Dover Tax Rate before an opportunity to review the budget. This initiated a request that the City Solicitor review the Charter and report any changes that would be necessary to accomplish same.
Mr. Weyandt referred to a letter from the City Solicitor dated April 26, 1979 to the City Manager, and requested that the contents be made a part of the official minutes.
Mr. Rodriguez stated in his letter that the proposed Charter amendment would require substantial changes in Sections 47, 48 and 49 and of course must be passed by the General Assembly. This would encompass a change in the assessment date and would effect the payment of taxes and sending out of tax bills.
For such a drastic change in the Charter, he suggested referral to the Legislative and Finance Committee but emphasized the importance of determining a date to set the tax rate.
Mr. McDonough moved for referral to the Legislative and Finance Committee, seconded by Mr. Hardcastle and unanimously carried.
ELECTRIC RATE EVALUATION AND PARTIAL COST OF SERVICE STUDY
Representing the City Manager’s Office, Administrative Assistant Arline Paulson, reported the following estimates to conduct an electric rate study to determine the City’s financial position on revenue versus investment and cost in production at McKee Run Power Plant.
1.Class cost of service study - partial study of primary and 69KV transmission - $10,000 - time factor - four weeks
2.Cost of service to set rate schedule for all classifications - $7,000 - time factor - three weeks
Questioned by Mr. Witt, Mrs. Paulson stated that Middle West Consultants recommended a transmission study to substantiate a basis for any adjustments necessary in the rate schedule.
Mr. Muir moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
ELIMINATION OF CITY AMBULANCE SERVICE
Mr. McDonough moved to refer to the Legislative and Finance Committee, the question of elimination of the City ambulance service.
The motion was seconded by Mr. Carey.
Since the City Manager’s office and the Ambulance Committee is investigating all facets of the ambulance service for a report to Council, Mr. Weyandt asked why Mr. McDonough was referring the matter to the Legislative and Finance Committee.
Mr. McDonough stated that he thought the Ambulance Committee’s stance on the matter was to upgrade the fee schedule without consideration of elimination. It was his opinion that the study should have been conducted before consideration of raising the ambulance fees.
Mr. Witt stated that ambulance perform a vital service to the community and felt that other services could be reduced before consideration of eliminating something that would directly effect the health, safety and welfare of the citizenry.
It was Mr. McDonough’s feeling that some consideration should be given to relinquishing the ambulance service responsibility to Kent General Hospital with partial funding by the City of Dover. This would eliminate some of the confusion experienced in the past where doctors dispatch the ambulance for various reasons.
On the premise that consideration will be given to elimination or transfer of the ambulance service, Mr. McDonough withdrew his motion and referred the matter to the ambulance committee, seconded by Mr. Muir who called for the question.
Mr. McDonough requested a vote on the call for the question. The motion was carried by a vote of five (5) to three (3).
The motion for referral to the ambulance committee was unanimously carried.
REZONING REQUEST - PROPERTY ON THE NE CORNER OF FOREST AVENUE & INDEPENDENCE BLVD
A request was received from Dover Hunt Land Company to rezone property located on the northeast corner of Forest Avenue (Route #8) and Independence Boulevard for the purpose of developing a service commercial use. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the northeast corner of Forest Street (Route #8) and Independence Boulevard are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on June 11, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 and RG-0 that property located on the northeast corner of Forest Street (Route #8) and Independence Boulevard, owned by Dover Hunt Land Company.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 14, 1979
CORRESPONDENCE
Veterans of Foreign Wars - Memorial Day Floral Tribute
A letter was received from James W. Goldsmith, Senior Vice-Commander of St. Patricks Post #7594, Veterans of Foreign Wars, informing Council of a Memorial Day Service at the memorial plot on Kings Highway and State Street on May 28, 1979 at 11:00 a.m. Commander Goldsmith invited the City to participate in a floral tribute.
Councilman Witt volunteered to participate in the service.
Mayor Legates instructed the City Clerk to so inform Vice-Commander Goldsmith of the City’s intentions.
Meeting Adjourned at 8:32 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 14, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
May 21, 1979
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