REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 9, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Major Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, Mrs. Boaman and Mr. Pepper.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Mike Chapman of 863 Schoolhouse Lane stated that the proposed ordinance dealing with trash pickup limits the time of placing the container outside for pickup to no earlier than 7:00 a.m. Since pickup begins at 7:00 a.m., he suggested that this be changed. Council President Christiansen informed him that the proposed ordinance has been amended to permit placement of the container outside for pickup no earlier than 7:00 p.m. the day prior to pickup.
Mr. Chapman complimented Mayor Hutchison on the Second Annual Prayer Breakfast, stating that he felt it was a very good affair. At the prayer breakfast, the keynote speaker discussed the need for a sense of "community". Agreeing, Mr. Chapman reiterated previous suggestions that a Community Center for youth be opened in the City to provide an opportunity for positive programs for our youth.
The invocation was given by Pastor Doreina Miles followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda, seconded by Mr. Lambert and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1995
The Minutes of the Regular Council Meeting of September 25, 1995 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - CHILD HEALTH MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, every child deserves to grow up safe and healthy, free from the real or perceived threat of violence; and
WHEREAS, the United States is the most violent country in the industrialized world where young children witness much of this country's violence not on the street, but in their own homes; and
WHEREAS, children learn how to react to stress and conflict by watching others--family members, peers, teachers, television and movies teach them how to respond; and
WHEREAS, children watch an average of 23 to 28 hours of television a week and American television and movies are among the most violent in the world; and
WHEREAS, the majority of studies conclude that there is a cause-and-effect link between media violence and real-life violence and that children in violent families are at high risk for future violence; and
WHEREAS, violence is deemed one of the most preventable of the harms facing our nation's children. Preventing interpersonal violence includes helping parents and other adults learn effective, nonviolent ways to discipline children; helping school children learn how to control their anger and resolve problems peacefully; and helping young people learn to avoid violent activities and situations; and
WHEREAS, pediatricians are by definition preventive health care specialists and support healthier environments for children by advising in the areas of anger management, discipline, media violence--especially on television and in movies--family violence, peer violence, and guns in the home; and
WHEREAS, healthy children should be our nation's first priority.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the month of October 1995 as "CHILD HEALTH MONTH" and urge all who reside in this City to take responsibility for the safety and well being of all children by modeling and teaching nonviolent, problem--solving behaviors.
Mayor Hutchison presented the Proclamation to Dr. Julia Pillsbury, a pediatrician in the City of Dover. Mayor Hutchison conveyed his complete support to the promotion of the health and well-being of our children. He offered the total support of the Mayor and Members of City Council and urged everyone to take responsibility for the safety and well being of all children.
Dr. Pillsbury stated that each year the American Academy of Pediatrics selects a theme for Child Health Month. Violence prevention has been such a significant concern of the Academy that for the first time they have chosen the same theme for two consecutive years. Dr. Pillsbury stated that her office is having an open house on October 18, 1995 from 3:00 p.m. to 6:00 p.m. The Police Department, in conjunction with Blockbuster Video, will fingerprint children for identification, and many presentations are planned. The entire community is invited to attend.
PROCLAMATION - DOVER BUSINESS WOMEN'S WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 15-21, 1995 as DOVER BUSINESS WOMEN'S WEEK in conjunction with National Business Women's Week.
Mayor Hutchison, along with Councilwoman Malone, presented the Proclamation to Debbie Reese, President of the Dover Business and Professional Women's Organization. Ms. Reese expressed appreciation for the recognition of their organization and its efforts.
PROCLAMATION - WOMAN OF THE YEAR - DOVER BUSINESS AND PROFESSIONAL WOMEN'S ORGANIZATION
The City Clerk read into the record the following Proclamation:
WHEREAS, in conjunction with the National Business Women's Week, the Dover Business and Professional Women's Organization has selected Mary Alice Tuttle as Dover's Woman of the Year for her distinguished contributions to the Dover Community; and
WHEREAS, Mary Alice Tuttle has been recognized by her peers for her outstanding leadership in her service to the Business and Professional Women's Organization, her career achievement, community and political activities, activities in helping women, and her involvement in other organizations.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby commend Mary Alice Tuttle for being selected as Dover's Woman of the Year by the Dover Business and Professional Women's Organization.
Mayor Hutchison presented the Resolution to Mary Alice Tuttle, congratulating her on the recognition of her achievements. Ms. Tuttle thanked Mayor Hutchison and members of Council for the Proclamation and thanked the organization for assisting her to grow professionally.
RESOLUTION - BOND SALE - POLICE STATION PROJECT
City Council passed a bond resolution on June 27, 1994 for the issuance of General Obligation bonds in the amount of $3 million for the Police Station project. Since the City will not be issuing bonds for more than $5 million, the police station bonds of $3 million are "bank qualified". According to regulations, the City Council needs to declare this through adoption of a resolution. New requirements have been levied on bond issuers regarding their commitment to disclose certain information to bond holders. Details of the disclosure are incorporated into the proposed resolution. The disclosure involves filing our annual report with a depository and informing them of non-payment of debt service on our part, rating change, and any material event that would affect the bond holders. It is noted that the City already fulfills these requirements, but City Council needs to reaffirm the details of the upcoming bond issue. The City's Bond Counsel prepared the proposed resolution and it has been reviewed by the City Solicitor. The City Finance Director/Treasurer requested adoption of the proposed resolution.
By motion of Mr. Salters, seconded by Mrs. Malone, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION RELATING TO THE SALE OF BONDS FOR THE PURPOSE OF MAKING CERTAIN RENOVATIONS AND EXPANSION OF THE CITY OF DOVER'S POLICE STATION
WHEREAS, the Mayor and Council have authorized, by a Resolution passed by City Council on April 18, 1994, certain renovations and expansion of the police station of The City of Dover (the "City") as more particularly described in said Resolution (the "Project") and, pursuant to a Resolution passed by City Council on June 27, 1994, have authorized the issuance of the City's General Obligation Bonds in the aggregate principal amount of up to $3 million (the "Bonds") to fund the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, AS FOLLOWS:
i. City Council hereby finds that the City does not reasonably anticipate issuing more than $5,000,000 of obligations of The City of Dover (including the Bonds) during calendar year 1995. The City hereby designates the Bonds as "qualified tax exempt obligations" for the purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
ii. The City hereby covenants for the benefit of holders of Bonds that, so long as any Bonds are outstanding, it will file, or cause to be filed, all financial information, operating data and notices of events, actions or failure to act, with such persons and entities and at such times as may be necessary to comply with the requirements of Rule 15c2-12(b)(5) of the Securities Exchange Act of 1934 with respect to the Bonds including the following:
(a) At least annually by no later than six months after the end of each Fiscal Year, the City's Comprehensive Annual Financial Report, including audited financial statements, in substantially the same form and content as is included in the Official Statement distributed in connection with the offering of the Bonds.
(b) Promptly upon become aware of any such event ("Material Event"), notice of any of the following events with respect to the Bonds, if such event would be material to the holder or any prospective holder of a Bond:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
(7) Modifications to rights of holders of Bonds;
(8) Bond calls;
(9) Defeasance;
(10) Release, substitution, or sale of property securing repayment of the Bonds; and
(11) Rating changes.
Any such Material Event Notice may be filed with the Municipal Securities Rulemaking Board in lieu of filing with each nationally recognized municipal securities information repository ("NRMSIR").
(c) Promptly upon becoming aware of any such failure, notice of the failure of the City to provide any information required to be provided by it under paragraph (a) above.
The City's disclosure covenant described above may be amended only under the following circumstances:
(i)The amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the City, or type of business conducted;
(ii)The covenant, as amended, would have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances;
(iii)The amendment does not materially impair the interests of holders, as determined by a party unaffiliated with the City (such as bond counsel), or by an approving vote of a majority of the bond holders; and
(iv)The City must obtain an opinion of bond counsel to the effect that the amendment complies with the Rule.
The Finance Director is hereby authorized to take such actions, by contract with a fiscal agent or otherwise, as such official shall deem appropriate to cause the City to comply with this covenant.
Any failure by the City to comply with its covenant relating to ongoing disclosure will not be considered an event of default with respect to the Bonds which permits an acceleration of payment of the Bonds. The only remedy with respect to such failure will be an order of specific performance.
ADOPTED: October 9, 1995
ANNEXATION/REZONING - PROPERTY LOCATED AT 375 ACORN LANE - OSMUNDSONS
An annexation referendum was held for property located at 375 Acorn Lane, owned by Grieg, Candy and Millie Osmundson for their property located at 375 Acorn Lane..
Referendum Results
The City Clerk reported that an annexation referendum was held on September 28, 1995 for property owned by Grieg, Candy and Millie Osmundson. One vote was cast in favor of the annexation and no votes were cast against annexation.
Mr. Lambert moved for approval of the referendum results, seconded by Mr. Pitts and unanimously carried.
Annexation
By motion of Mr. Hare, seconded by Mr. Leary, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits 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 the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain lot, piece or parcel of land with the improvement thereon erected situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of Acorn Lane a short distance south of White Oak Road and being more particularly bounded and described in accordance with a recent survey by Robert L. Larimore, RLS, dated September 21, 1989, as follows to-wit:
Beginning at a point in the west line of Acorn Lane at a corner for this lot and for lands of Dover Housing Authority, said point being located South 08 degrees 25 minutes East 911.6 feet from the intersection of the west line of Acorn Lane (50.00 feet wide) with the centerline of White Oak Road; thence from said beginning point along the west line of Acorn Lane South 08 degrees 25 minutes East 151.32 feet to a iron pipe found in the west line of Acorn Lane at a corner for lands of Patricia A. Perkins; thence along line of lands of Patricia A. Perkins South 81 degrees 35 minutes West 170.00 feet to a point at a corner for lands of Patricia A. Perkins in line of lands of the City of Dover; thence along line of lands of the City of Dover North 08 degrees 25 minutes West 83.08 feet to a point at a corner for lands of the City of Dover in line of lands of Dover Housing Authority; thence along line of lands of Dover Housing Authority North 59 degrees 43 minutes East 183.18 feet to the place of beginning and containing 0.457 acres of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of R-10 (Single Family Residence) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 10th day of October, 1995 at 12:01 a.m. o'clock.
ADOPTED: October 9, 1995
Public Hearing - Zoning Classification
Mr. DePrima explained that the requested annexation is for a single family home with one accessory apartment and does not require review by the Planning Commission. He stated that to the north of the site is the lands of the Dover Housing Authority zoned RG-2 (General Residential); to the west is the lands of the City of Dover and zoned R-20 (Single Family Residential); to the south and east of this property are single family homes that are in the County and zoned RS and in the City that are zoned R-10 (Single Family Residential). The Comprehensive Plan recommends low density homes and the Interim Annexation Policy has assigned the property a category #1 status, which is the most desirable for annexation. Since it is compatible with the Comprehensive Plan and surrounding land uses, and there is a need for City water and sewer, the City Planner recommended approval of the request for annexation with a zoning classification of R-10.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak for or against the rezoning.
Council President Christiansen declared the public hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the City Planner, seconded by Mr. Pitts. By a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of August 28, 1995.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 375 ACORN LANE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-S - Single Family Residence (Kent County zoning classification) to R-10 - Single Family Residence (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-S (Kent County zoning classification) to R-10 (City of Dover zoning classification) on that property located at 375 Acorn Lane, owned by Grieg, Candy and Mildred Osmundson.
ADOPTED: October 9, 1995
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on September 25, 1995 with Chairman Salters presiding.
Quarterly Write-Off
Members reviewed a list of uncollectible electric bills, in the amount of $23,122.05, of those accounts from January 1994 through March 1994 which have shown no collection activity for a period of one year or more. Included in the total amount, is $2,618.04 from accounts that have filed for bankruptcy. Federal law prohibits the City from making attempts to collect these outstanding debts. The list has been screened to ensure that no one listed is currently in our utility customer base. The accounts are currently assigned to our collection agency and will remain there even when they have been written off. The proposed write off is .22% (based upon one quarter) of 1994 revenue, which equates to a collection rate of 99.78%.
Although the City's collection rate is very good, committee members discussed various ways of improving collections for the future. Mr. O'Connor explained that whatever criteria is utilized must be applied to all customers, stating that the City could not pick and choose as to which customers certain rules would apply. Mr. Hare reminded members that the unpaid accounts stem from a period of time prior to the new billing cycle recently approved by Council. Hopefully, by this time next year, the unpaid balances will be much lower since the billing cycle was shortened.
The committee recommended that Council write-off uncollectible electric bills in the amount of $23,122.05 as recommended by City staff.
Mr. Salters moved for approval of the committee's recommendation (under the consent format), seconded by Mr. Leary and unanimously carried.
New Industrial/Primary Rate Classification
Recent local events have prompted City staff to design a new industrial/primary electric rate. The new rate will allow the City to compete effectively with other power suppliers and to adjust to the changing needs of our customers. The purpose of this rate is to enhance or maintain economic development in the City of Dover service area.
The proposal will allow the City more flexibility in working with its industrial and primary electric rate customers. It will also assist the City in preparing for the future in retail wheeling issues. Mr. Lambert reminded members that it is felt that wheeling is just around the corner and he felt that this change is very important to the City of Dover. In order to be competitive, the City will need to work with individual industries to determine where savings can be found for them in a way that also works for the City.
The committee recommended approval of the proposed new industrial primary rate classifications as recommended by the City Manager.
Mr. Salters moved for approval of the committee's recommendation (under the consent format), seconded by Mr. Leary and Council unanimously adopted the following Industrial/Primary Rate Classifications:
INDUSTRIAL/PRIMARY RATE CLASSIFICATION
Availability - This rate is available to commercial and industrial customers rated Commercial with Demand (8/9), to Primary customers, and to Transmission customers.
A customer desiring service under this rate must contract for such service.
All provisions of this rate are the same as the principal service rate with the following exceptions:
New Customer - Open to a new industrial customer taking service where the new load results in 100 kw or more of billing demand.
Existing Customer - Open to an existing customer who contracts for a connected load of 100 kw, or 10% or more of their historical billing demand, whichever is greater.
Monthly Rate
Rates will be provided for by contract, and will vary depending on the cost of service to the City. This rate may include time of day rates.
Fuel Adjustment
All kilowatt-hours billed under this rider will be subject to the Fuel Adjustment Clause as provided in this schedule.
Measured Demand
Measured demand will be provided for by contract, and will vary depending upon the coincident to City's peaking.
Power Factor
Measured demand will be provided for by contract, and will vary depending on the type of service provided by the City.
Billing Demand
Billing demand will be provided for by contract, and will vary depending on the coincident peaking of the customer to the City.
Minimum Charge
Minimum charge will be provided for by contract, and will vary depending on the type of service provided by the City.
Public Utilities Tax
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority based upon sales of electricity.
Rules and Regulations
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this classification.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Hare moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of October 23, 1995.
Mr. Hare moved for acknowledgement of the first reading of the following proposed ordinance, by title only, seconded by Mr. Leary and unanimously carried:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF DEMOLITION OF A BUILDING LOCATED ON PROPERTY AT 31 SOUTH QUEEN STREET.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 25, 1995. Council President Christiansen noted that Mr. Roy Bogus and Mr. Ben Bowings, who were in the audience, have made comments and suggestions to members of Council on the proposals.
Mr. O'Connor noted that a minor change has been made to the ordinance since the first reading. As recommended by the City Manager, the ordinance was changed to permit containers to be placed at the appropriate pickup place no earlier than 7:00 p.m. the evening before collection day. The City Solicitor has determined that the modification does not represent a substantial change to the ordinance or its intent and that Council can take action on the second reading of the ordinance.
Several members of Council relayed questions from citizens on who will determine how much will be charged for certain amounts of trash and how they can be assured that the charges will be consistent and equitable. Mr. O'Connor stated that under normal circumstances, the Sanitation Supervisor, Mr. Wayne Mitchell, will make this determination. If any citizen questions the charge, they may contact the City Manager for his review. Mrs. Malone stated that citizens have requested that they be given an estimate of how much the charge will be prior to the pickup. Mr. O'Connor stated that this could be accomplished. Mr. Hare suggested that a minimum charge be set.
Mr. O'Connor stated that the proposed changes will not alter the way we are currently performing. It will only make our current practices in conformance with our Code. He stressed that charges would only be levied in instances where the cost of providing the service of pickup is determined to be "excessive". This simply gives him some discretion in charging for very large and/or heavy trash, rubbish or brush. It also provides an avenue for the City to pickup items that they would not normally pick up, such as tires, and gives our residents a way to have them removed.
There were several questions from members of Council on possible concerns which were addressed by the City Manager. Mr. Leary reminded members of Council that landfill fees have risen significantly over the past several years which greatly impacts our City budget. He stated that approval of the ordinances is a good, prudent move which will allow for a gradual change in implementation.
Section 8-8(e) - Collection from Residences, Duplexes, and Apartment Houses
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 8-8, Collection from Residences, Duplexes, and Apartment Houses, of the Dover Code be amended by deleting subsection (e) in its entirety and inserting in its place the following:
(e) Where solid waste is collected from the front or side street, containers shall be placed there no earlier than 7:00 p.m. the evening before collection day and shall be removed to a point at the side or rear of the structure not later than 8:00 p.m. of the day of collection. The City Manager can modify the hours when special conditions exist.
ADOPTED: October 9, 1995
Section 8-11.1 (k) - Containers for Nonresidential Users
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 8-11.1, Automated Refuse Collection, of the Dover Code be amended by deleting subsection (k), Containers for Nonresidential Users, in its entirety and inserting in its place the following:
(k) Containers for nonresidential users. All non-single family residential users consisting of commercial, industrial, institutional, tax exempt, and other similar users will be required to provide approved containers. The City Manager shall set a charge appropriate to the cost of providing the service to the user.
ADOPTED: October 9, 1995
Section 8-9(g) - Collection of Rubbish, Trash or Brush from Residences
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 8-9, Collection of Rubbish, Trash or Brush from Residences, Duplexes, and Apartment Houses, of the Dover Code be amended by adding a new subsection (g), as follows:
(g) The City Manager shall set a charge appropriate to the cost of providing the service where the quantity or type of trash, rubbish or brush is determined to be excessive or not within the Code's definition of garbage and rubbish.
ADOPTED: October 9, 1995
Mr. Hare moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:20 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 9, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR