City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

iCal

Mar 8, 1993 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 8, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.

Council staff members present were Chief Smith, Mr. Lucas, Ms. Swain, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.

The invocation was given by Pastor Yunghan, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Lambert moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF FEBRUARY 17, 1993

The Minutes of the Special Council Meeting of February 17, 1993 were unanimously approved by motion of Mr. Leary, seconded by Mr. Hare and bore the written approval of Mayor Knopf.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 22, 1993

The Minutes of the Regular Council Meeting of February 22, 1993 were unanimously approved by motion of Mr. Salters, seconded by Mr. Hare and bore the written approval of Mayor Knopf.

PROCLAMATION - DAFFODIL DAYS

The City Clerk read into the record the following Proclamation:

WHEREAS, there are millions of living witnesses to the fact that cancer can be cured, despite the fact that this disease is an alarming national killer; and

WHEREAS, thanks to the increasing knowledge in the biological and medical sciences, we are nearing a solution to the problem of cancer, but must not lessen our efforts until the battle has been won completely; and

WHEREAS, the Kent County Chapter of the American Cancer Society, having worked unceasingly on the never-ending battle against one of society's prime destroyers, has raised over $100,000 in charitable contributions in the past six years with their "DAFFODIL DAYS FUND RAISER".

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 19, 1993, as DAFFODIL DAY in the City of Dover and urge all citizens to join the Kent County Chapter of the American Cancer Society, in their efforts to save more lives, by purchasing and wearing a daffodil.

PROCLAMATION - EMPLOYEE APPRECIATION DAY

The City Clerk read into the record the following Proclamation:

WHEREAS, the City of Dover employees work diligently for all our citizens; and

WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and

WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and

WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, surrey driver to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim Thursday, March 11, 1993, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.

RESOLUTION - RETIREMENT - BOBBY R. FARMER

By motion of Mr. Salters, seconded by Mr. Pitts, Council unanimously adopted the following Resolution:

WHEREAS, Bobby R. Farmer has been a faithful employee of the City of Dover since October 8, 1973; and

WHEREAS, Mr. Farmer began his career with the City of Dover Electric Department as an Electrician I and worked his way to the position of Senior Electrician in 1978 and to Electrical Foreman I in 1979; and

WHEREAS, during the course of his career, the City experienced tremendous growth and Mr. Farmer contributed significantly to the City's ability to provide electric service to its many customers; and

WHEREAS, after 20 years of dedicated and loyal service to the City of Dover, Mr. Farmer has chosen to retire.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Bobby R. Farmer a happy and healthy retirement and extend their appreciation for his 20 years as a City of Dover employee.

ADOPTED: March 8, 1993

Council President Christiansen stated that Mr. Farmer was unable to attend the meeting and that the Resolution, a Dover Cup and a Dover Plaque will be presented to him at a later date.

RESOLUTION - DR. BENJAMIN F. BURTON

By motion of Mr. Daisey, seconded by Mr. Salters, Council unanimously adopted the following Resolution:

WHEREAS, Benjamin F. Burton was born in Frederica, Delaware on October 21, 1905 where he resided until beginning college at the University of Pennsylvania; and

WHEREAS, upon completion of medical school, Dr. Burton planned to specialize in internal medicine but while interning in the pediatrics department, he discovered that his heart was in the field of pediatrics; and

WHEREAS, Dr. Burton returned to Dover in 1934, becoming the first Pediatrician in Kent County and served in this capacity until 1942, when he left to serve his country in World War II, returning to Dover in 1946; and

WHEREAS, Dr. Burton provided medical attention to thousands of children in the Dover area and until his retirement in 1975, he made house calls if needed, and as payment for his services would accept cash, produce, or nothing at all, simply out of his love for children and his desire that no child go without needed medical attention; and

WHEREAS, Dr. Burton passed away in 1992, and in an attempt to keep his spirit alive, a Night of Entertainment Honoring the Memory of Dr. Burton is being held on March 13, 1993 at 8:00 p.m. at the Caesar Rodney High School Auditorium, with proceeds going towards Summer Camp Scholarships to Benefit Kent County Children.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council urge participation in the Scholarship Fund which will serve as a reminder to all that Dr. Benjamin F. Burton was "A Child's Best Friend".

BE IT FURTHER RESOLVED that the Mayor and Council of the City of Dover express their sincere appreciation for the contributions of Dr. Benjamin F. Burton who was truly an asset to our community and to our families.

ADOPTED: March 8, 1993

Council President Christiansen stated that the Resolution would be presented to Mrs. Burton at the Night of Entertainment Ceremonies.

PUBLIC HEARING - APPEAL OF SEWER ASSESSMENT - ESTATE OF SUSIE STEVENSON - STATE COLLEGE ROAD

A letter was received from R. Brandon Jones, attorney representing the Estate of Susie Stevenson, appealing a sewer main assessment in the amount of $8,000 for land located on College Road. On behalf of his client, Mr. Jones requested that the City reconsider the assessment based on the following: (1) it is felt that the road frontage is less than 200' (upon which the assessment was calculated); (2) the property is a cemetery that obviously will never make use of the sewer line; and (3) the sewer line is on the opposite side of the road from his client's property and is not readily accessible.

City staff submitted the following information on the sewer assessment: (1) the footage included in the assessment was taken from the Kent County Tax Records. Until some other information is submitted, no change should be made; (2) It is true that in its current state, this property will not use the sewer. However, any structure in the future, such as an office or chapel, could use sewer; and (3) All mains that are not located in the center of the street must be located on one side of the street. It is the responsibility of the property owner to extend sewer to their property under City ordinances. Staff recommended that the assessment stand, but that it be deferred until such time as any change in use or a building permit is desired for the site, at which time it would be determined if the assessment should be levied.

Council President Christiansen declared the hearing open.

Mr. R. Brandon Jones and Mr. Howard Stevenson, representing the Estate of Susie Stevenson, relayed their objections to the assessment. They concurred, however, with the most recent recommendations of City staff to defer the assessment.

Council President Christiansen declared the hearing closed.

Responding to Mr. Lambert's questions on the discrepancy on the amount of frontage, Mr. Jones stated that they are still looking into the matter.

Mr. Daisey moved for approval of staff's recommendation that the assessment stand, but that it be deferred until such time as any change in use or a building permit is desired for the site, at which time it would be determined if the assessment should be levied. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.

PUBLIC HEARING - PURCHASE OF FIRE TRUCK - ROBBINS HOSE COMPANY

The Robbins Hose Fire Company is planning to borrow $600,000 for the purchase of a 1993 Pierce fire truck. The Robbins Hose Fire Company is the officially designated fire service for the City of Dover. Finance Director, Mike Karia, explained that according to the Internal Revenue Code of 1986 (as amended), a public hearing and a City Council resolution are required for such tax exempt borrowing. The money will be borrowed by the fire company and the City is not responsible for the principal and/or interest payment on this borrowing. The public hearing and Resolution are a requirement of the borrowing process which the City has to comply with as a political subdivision. The Requests for Proposals for financing were sent to eight banks in Dover and four proposals were received. After the analysis and discussion, Wilmington Trust Company's proposal was selected for financing purposes.

Council President Christiansen declared the public hearing open.

There was no one present wishing to speak for or against the proposed borrowing.

Council President Christiansen declared the public hearing closed.

By motion of Mr. Levitt, seconded by Mr. Salters, Council approved the following Resolution by a unanimous roll call vote:

"Be it resolved that the City of Dover hereby approves the acquisition of a 1992 Pierce Aerial Platform fire truck by the Robbins Hose Fire Company No. 1, Inc. and;

Be it further resolved that the City of Dover approves the financing of the acquisition pursuant to the terms of the January 28, 1993 commitment letter issued by Wilmington Trust Company to Robbins Hose Fire Company No. 1, Inc. and loan documents substantially in conformity therewith."

ADOPTED: March 8, 1993

PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON N. CAROLINE PLACE

A public hearing was duly advertised for this time and place to consider rezoning of property located on N. Caroline Place, owned by Robert J. Varipapa, Richard P. DuShuttle, Robert W. Kidd, III and William P. Ingram.

Planner's Review

City Planner, Mr. DePrima, stated that to the north and west of, and immediately adjacent to, the project area is the Mallard Pond single family home development that is zoned RG-2. To the northeast and across Kenton Road is English Village apartments zoned RG-2; to the east across Kenton Road is The Greens townhouse development zoned RG-3 and the Greentree Village Shopping Center zoned SC-2. To the south of the project is the Greenway Lane Condominium development.

The Comprehensive Plan, as recently amended to include the Route 8 Corridor Study, recommends this area for medium density residential uses.

This proposal is a down zoning to a less dense zone that allows a town home development. The current RG-2 zone would allow apartments or condominiums with a density of one unit per 1700 square feet and 60% lot coverage. This site was previously approved for 108 multiple family dwelling units. The proposed RG-3 zone would prohibit apartments, but would allow townhouses with a density of one unit per 1800 square feet and 45% lot coverage.

The neighboring property owners have relayed concern of a lack of play areas for existing developments in the area, concern for school children waiting for the school bus at the corner, and general concern for traffic at the corner of Greenway Lane and North Caroline Place, and Greenway Lane and Kenton Road.

The Planning Commission recommended approval of this project because the surrounding land uses are compatible with townhouses, and because it is compatible with the Comprehensive Plan. In addition, townhouses would be more compatible with the neighboring single family homes than the apartments that would be allowed under the present zoning. The proposed zone would also have less impacts on the surrounding area in general because less units would be allowed. The concerns of the neighboring property owners can be addressed during the Subdivision approval process. The Commission is likely to recommend that open space be provided as a part of this development instead of cash in lieu, given the concerns of the neighbors.

Correspondence

The City Planner reported that a letter was received from the owners requesting that the public hearing be held, but that Council action be tabled until the Council Meeting of April 12th to allow resolution of some technical concerns.

Public Hearing

Council President Christiansen declared the hearing open.

Mr. Richard Harr of 41 Teal Court addressed Council on the proposed rezoning. Mr. Harr stated that he favors the rezoning, but he would like the parkland area addressed. He stated that there are many children now living in this area. He also relayed concern with the children crossing Kenton Road to go towards the shopping center. This street is heavily used by vehicles and he suggested some form of safe pedestrian crossing.

Council President Christiansen stated that DelDOT reviewed a proposal for a traffic light at this intersection and decided that it was not yet necessary. However, since this is a pedestrian safety issue, he stated that Chief Smith would look into the matter.

Mr. Doug VanSant, representing the developers, stated that the 1986 approved site plan called for 120 units, with approval in 1990 for an additional 12 units, for a total of 132 units. The requested rezoning would actually reduce the allowable density and the developer's plan to develop only 94 units. However, since the Site Plan is not yet finalized and they would like time to address the concerns of the neighbors, they requested that Council table action on the rezoning.

Council President Christiansen declared the hearing closed.

Mr. Hare moved that action on the rezoning request be tabled, seconded by Mr. Salters and unanimously carried.

PUBLIC HEARING - ABANDONMENT OF ALLEY - ROBBINS HOSE COMPANY - WEST OF BRADFORD STREET

A public hearing was duly advertised to consider abandonment of an alley located on the southerly side of Reed Street, running parallel to Bradford Street. The Robbins Hose Company requested abandonment of the alley to allow them to install a fence to secure the vehicles parked at the Fire House.

The Planning Commission and the Utility Committee recommended approval of the abandonment, but that the City utility easement be maintained.

Council President Christiansen declared the hearing open.

There was no one present wishing to speak for or against the proposed abandonment.

Council President Christiansen declared the hearing closed.

A letter was received from the only other adjacent property owner, E. Vernon Ingram, who relayed support for the abandonment of the alley to be conveyed equitably between the adjacent property owners.

Mr. Pitts moved for approval of the proposed alley abandonment. The motion was seconded by Mr. Hare and by a unanimous roll call vote, Council adopted the following Resolution:

A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

Section 1. The Council of the City of Dover hereby vacates and abandons the following alleys:

ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a portion of an alley running north to south, being 12.0 feet wide and 49.83 feet long, lying on the southerly side of Reed Street and the alley parallel to Bradford Street, comprising of 598 square feet, more or less.

Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.

Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.

Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.

ADOPTED: March 8, 1993

ANNEXATION - PROPERTY ON HORSEPOND ROAD - WESLEY REALTY COMPANY

The City Clerk reported that an annexation referendum was held on February 25, 1993 for property located on Horsepond Road, owned by Wesley Realty Company. Only one property owner was eligible to vote in the referendum. One vote was cast in favor of the annexation, with no one voting against.

Mr. Salters moved for acceptance of the results of the referendum, seconded by Mr. Leary and carried with Mr. Christiansen voting no.

The Planning Commission and Utility Committee recommended approval of the annexation.

Mr. Lambert moved for approval of the annexation request. The motion was seconded by Mr. Leary and by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen), Council adopted the following Resolution:

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:

Parcel 1

ALL that certain tract, piece or parcel of land with the improvements thereon erected situated near Dover, in East Dover Hundred, Kent County and State of Delaware lying on the east side of Horsepond Road, between South Little Creek Road and Lafferty Lane, being bounded on the west by Horsepond Road, on the North by lands now or late of Rolle, on the east by lands of E-Z Farms, Inc. and on the south by lands of Wesley Realty Company, and being more particularly described as follows, to-wit:

BEGINNING at a nail in the east line of Horsepond Road at a corner for this parcel and for lands of Wesley Realty Company, said point of beginning being a distance of 104.5 feet as measured in a northerly direction with a 3478.14' radius curve to the right from the intersection of the centerline of Lafferty Lane Extended with the east line of Horsepond Road; thence running from said point of beginning with the east line of Horsepond Road on the following two (2) courses: (1) running in a northerly direction curving to the right on the arc of a circle having a radius of 3478.14 feet an arc distance of 140.14 feet to a pipe; thence (2) North 11 degrees 44 minutes West 122.0 feet to a pipe found at a corner for this parcel and for lands now or late of Rolle; thence running with said lands now or late of Rolle and with the north line of a 30 foot wide drainage easement North 59 degrees 57 minutes East 601.85 feet to a pipe found at a corner for this parcel and for lands of E-Z Farms, Inc.; thence running with said lands of E-Z Farms, Inc. and with the east line of a 20 foot wide easement South 22 degrees 28 minutes 22 seconds East 282.09 feet to a pipe at a corner for this parcel and for lands of Wesley Realty Company, thence running with said lands of Wesley Realty Company, South 62 degrees 36 minutes 23 seconds West 644.98 feet to the point and place of beginning, and containing 3.8112 acres of land, be the same more or less.

Parcel 2

ALL that certain lot, piece or parcel of land, with the buildings thereon erected, situated near Dover, in East Dover Hundred, Kent County and State of Delaware, lying on the East side of Horse Pond Road; being bounded on the West by Horse Pond Road, on the North by Reserved Lands of Edward J. Troise, on the East by lands of E. Z. Farms, Inc. and on the South by lands of Howard Furniture Company, and being more particularly bounded and described according to a survey by Charles C. Brown Associates, Land Surveyors, dated July 17, 1979, revised to July 19, 1979 as follows, to-wit:

BEGINNING at a nail in the East line of Horse Pond Road at a corner for this parcel and for Reserved Lands of Edward J. Troise, said point of Beginning being 104.5 feet North of the intersection of the centerline of Lafferty Lane Extended with the East line of Horse Pond Road; thence running from said place of Beginning with said Reserved Lands of Edward J. Troise, North 62 degrees 36 minutes 23 seconds East 644.98 feet to a pipe at a corner for this parcel and for lands of E.Z. Farms, Inc.; thence running with said lands of E.Z. Farms, Inc. South 22 degrees 28 minutes 22 seconds East 261.91 feet to a pipe at a corner for this lot and for lands of Howard Furniture Company; thence running with said lands of Howard Furniture Company South 62 degrees 03 minutes 08 seconds West 675.05 feet to a nail in the East line of Horse Pond Road; thence running with said East line of Horse Pond Road in a Northerly direction curving to the right on the arc of a circle having a radius of 3,478.14 feet an arc distance of 272.64 feet (the chord of this line bears North 16 degrees 17 minutes 16 seconds West 272.58 feet) to the place of Beginning, and containing 4.0115 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 M 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 9th day of March, 1993 at 12:01 a.m. o'clock.

ADOPTED: March 8, 1993

ANNEXATION - PROPERTY ON COLLEGE ROAD - JEMM INVESTORS

The City Clerk reported that an annexation referendum was held on February 25, 1993 for property located on College Road, owned by Jemm Investors. Only one property owner was eligible to vote in the referendum. One vote was cast in favor of the annexation, with no one voting against.

Mr. Daisey moved for acceptance of the results of the referendum, seconded by Mr. Salters and unanimously carried.

The Planning Commission and Utility Committee recommended approval of the annexation.

Mr. Lambert moved for approval of the annexation request. The motion was seconded by Mr. Leary and by a unanimous roll call vote, Council adopted the following Resolution:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA 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 improvements thereon erected, situated in East Dover Hundred, Kent County and the State of Delaware, lying at the northeast intersection of College Road and Delaware Railroad Company, being bounded on the south by College Road, on the west by the Delaware Railroad Company, on the north by Jason Street and on the east by lands of Hattie B. Mishoe, and being more particularly described in accordance with a survey by Earl D. Smith, Professional Land Surveyor, dated February 15, 1993, as follows to-wit:

BEGINNING at a p.k. nail joining the north line of College Road with the east line of the Delaware Railroad Company; thence running from said point of beginning with the Delaware Railroad Company, North 23 deg. 02 min. West 380.15 feet to a pipe in the south line of Jason Street; thence running with said south line of Jason Street, North 57 deg. 03 min. East 177.13 feet to a pipe at a corner for this parcel and for lands of Hattie B. Mishoe, thence running with said lands of Hattie B. Mishoe, South 32 deg. 57 min. East 375.00 feet to a pipe in the north line of College Road; thence running with said north line of College Road in a westerly direction with a 26,479.84 foot radius curve to the right, an arc distance of 182.60 feet to the point and place of beginning and containing 1.2890 acres of land be the same more or less.

There is a 18.5 right-of-way easement along westerly property line adjoining lands of Delaware Railroad Company.

2. The above described property shall be annexed into the City of Dover with a zoning classification of C-3 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 9th day of March, 1993 at 12:01 a.m. o'clock.

ADOPTED: March 8, 1993

COUNCIL CONSIDERATION OF PLAN TO DEVELOP LOT ADJACENT TO CITY HALL ON LOOCKERMAN STREET

A public hearing was held on March 3, 1993 to consider the sale and development of City owned land located on Loockerman Street, between City Hall and the Post Office. After much discussion, it was agreed that the question of development of this lot would be considered by Council during its meeting of March 8th.

Based upon the suggestions and comments made during the public hearing of March 3rd, Mr. Levitt moved that City Council agrees to consider allowing for the development of City owned property located on Loockerman Street, between City Hall and the Post Office. The motion was seconded by Mr. Leary.

Mr. Christiansen referred to a letter from City Solicitor Rodriguez relative to this project, stating that copies will be distributed to all members of Council and will be on file with the City Clerk's Office. Letters were also received from Ms. Janice Donovan and Mr. Gregory Kramedas and will be on file with the City Clerk's Office.

On a call for the question on the motion, the motion was unanimously carried.

It was suggested by Mr. Tudor that before any decision is made to sell this property, that definitive property lines be determined.

Mr. Levitt moved to refer the two Letters of Intent (from Stoltz Realty and KrapfCanDoIt) and all relevant correspondence to the DDDC for further review and consideration. The motion was seconded by Mr. Lambert and unanimously carried.

It was suggested by members of Council that the DDDC correspond with citizens that wrote to City Council about the possible sale of the lot to invite them to attend DDDC meetings for input on the subject and that all meetings on this subject be well publicized. It was also suggested that the DDDC set a period of time for which they will continue to accept Letters of Intent on the development of the lot. Mr. Hare requested that the DDDC bring a draft of their proposal to Council for review prior to submission of their final draft.

Mr. Hare requested that the City Assessor devise a proposed procedural policy on sale of City owned land, for review by the Legislative and Finance Committee.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on February 23, 1993 with Chairman Levitt presiding.

The committee considered Senior Surrey Services but Council action is not necessary since a Special Council Meeting was held on March 4th on this matter.

The committee also considered a Progress Report on the Historical District Preservation Grant. Since this was only a progress report, Council action was not necessary.

Proposed Charter Amendment - Signing of Warrants (Mayor Knopf)

In accordance with Section 42 of the City Charter, the City cannot pay out money unless the Mayor and City Manager have signed the necessary warrants. These signatures authorize the Treasurer to sign the checks and process payments. With the numerous amount of checks that are issued, Mayor Knopf explained that he is concerned with authorizing payment without detailed knowledge of each bill. He requested an amendment to Section 42 of the City Charter to require the signature of the City Manager and the Treasurer on all warrants. This would place the responsibility on those that have the necessary knowledge and information for proper authorization.

For internal control purposes, the auditors have reviewed and approved the proposed amendment. Since warrants are issued from the Finance Department, Mr. Karia assured members that the internal controls will be continued by utilizing the Assistant Treasurer's from the City Clerk's Office for signing checks, and the City Manager's Office for signing warrants.

Since the Mayor is the Chief Executive Officer of the City, Mr. Salters felt that it is the Mayor's responsibility to have the necessary information to assure that the vouchers being paid are valid and objected to the proposed amendment.

The committee recommended approval of an amendment to Section 42 of the City Charter to require the City Manager and Treasurer to sign all warrants.

Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Leary and carried with Council President Christiansen voting no.

Proposed Charter Amendment - Councilman Leary

In order to preserve the non-partisan composition of the City government, Mr. Leary proposed a Charter amendment, as follows:

"Should any member of City Council, the Mayor, or any member of any commission or body appointed by the Mayor and/or the Council, file as a candidate in any county, state, or federal election, then that person shall be considered immediately resigned from his or her city office."

Although there was some opposition to the proposal, the committee recommended approval of Mr. Leary's proposed Charter amendment.

Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Leary.

Mr. Daisey relayed several concerns with the proposal, feeling that other means should be utilized for eradicating partisan politics, if in fact there is such a need. Mr. Daisey felt it would be unfair to members of Council to have to relinquish their Council seat in order to run for another public office. Had this rule been in effect during the 1992 state election, the City would have lost three members of its Council. He also stated that the State and other cities do not have such a rule. He suggested that the City adopt a Code of Ethics to handle possible problems with partisan politics. Mr. Pitts stated that he supports Mr. Daisey's comments.

Mr. Leary stated that when a citizen runs for City Council, it should be because they wish to serve the City of Dover. He felt that a member of Council has an obligation to the citizens to fulfill the job for which they filed and ran.

Mr. Tudor and Mr. Hare voiced support for the proposal, feeling that whenever a member of Council files for a partisan office, they should remove themselves from matters related to the City of Dover.

Mr. Levitt stated that he plans to abstain from voting, since he currently holds the seat of Kent County Chairman for a political party.

On a call for the question on the motion by Mr. Hare, the motion was approved by a roll call vote of six (6) yes, two (2) no (Mr. Pitts and Mr. Daisey) and one (1) abstaining (Mr. Levitt).

Proposed Increase in Business and Mobile Home License Fees

During the recent budget hearings, members discussed the possibility of increasing Business and Mobile Home License Fees to provide additional revenue sources.

Business License fees have not been adjusted since 1986. Mr. DePrima feels it is necessary to evaluate and modernize the business categories. However, this would be a lengthy process and there is not enough time to accomplish this since the fees are collected in June and an extensive amount of preparatory work occurs in April and May. Mr. DePrima recommended an across the board 10% increase in the fee schedule for business licenses, which would net an additional $55,000 to $65,000.

Mr. DePrima advised members that the Mobile Home License fees have been $30 per year since they were established in 1970. He recommended that the Mobile Home License Fee be set at $45 per year, which would net an additional $7,500.

The committee recommended approval of an across the board 10% increase in the fee schedule for business licenses and authorize staff to evaluate and modernize the business categories to be considered next year. They also recommended that the Mobile Home License Fee be increased to $45 per year.

Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.

Mr. Levitt moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on February 23, 1993 with Chairman Daisey presiding.

Bid - Curb Replacement Program

In conjunction with the City's Capital Improvements Plan, bids were solicited for the removal and replacement of existing curb on streets which are scheduled to be resurfaced. The following bids were received:

Mud, Inc. $ 76,722.25

Shea Concrete, Ltd. 83,296.25

Mitten Construction Co. 134,677.00

The Engineer's estimate was $93,351. Upon investigating the references of the low bidder, it was discovered that they had done very little curb work, and that there have been scheduling and operational problems expressed at several of their jobs. Staff recommended that the low bid received from Mud, Inc. be rejected and that the contract be awarded to Shea Concrete in the amount of $83,296.25.

Considering the costs that are involved for contractors to submit bids, Mr. Tudor felt that if the City allows a contractor to submit a bid, it should not be rejected. He suggested that a procedure be established that would require staff to review bidder qualifications prior to releasing bid specifications.

Feeling that this matter deserves further consideration, members requested that the establishment of a bidding procedure be considered by the committee in the future.

The committee recommended awarding the contract to Shea Concrete in the amount of $83,296.25, as recommended by staff.

Mr. Daisey stated that since the date of the Utility Committee meeting, staff has been able to obtain additional information on the low bidder, Mud, Inc. After discussing the matter with Mud, Inc. and obtaining positive references on the company, staff now recommends that the bid be awarded to Mud, Inc.

Mr. Daisey moved that the Curb Replacement Program be awarded to the low bidder, Mud, Inc., in the amount of $76,722.25. The motion was seconded by Mr. Levitt and carried by a roll call vote of seven (7) yes, one (1) absent (Mr. Tudor) and one (1) no (Mr. Christiansen).

Electric Rate Study

At the Council Workshop on January 27, 1993, a five-year financing plan and proposed budget was presented by the Electric Department. In order to fund anticipated operating and capital expenditures, a one-cent base rate increase will be necessary beginning in fiscal year 1993/94.

The electric base rates were increased by 1/2 cent per KWH effective October 1992. Subsequently, the fuel adjustment rate was increased to reflect the higher cost of low sulfur oil compared to high sulfur oil and overall inflation. Since there is the possibility of another base rate increase within a relatively short period of time, staff felt that it is necessary to obtain an outside firm to conduct an analysis of Dover's system and develop recommended rates. The last electric rate study was conducted by R.W. Beck and Associates in 1986/87.

A proposal has been presented by R.W. Beck and Associates to begin the required study in mid-March and submit a final report at the end of May, at a cost of $46,000. Staff recommended authorization to enter into a professional services agreement with R.W. Beck and Associates to conduct an electric rate study at a cost of $46,000.

The City maintains five (5) electric classifications. Staff feels that the study will provide the proper rate structure for each classification rather than a standard across-the-board increase for all classifications.

The committee recommended that staff be authorized to enter into a professional services agreement with R.W. Beck and Associates to conduct an electric rate study at a cost of $46,000.

Although he does not support the motion, Mr. Daisey moved to bring the matter on the floor as recommended by the Utility Committee. The motion was seconded by Mr. Salters.

Mr. Daisey stated that he strongly disagrees with the proposal and that City staff should be capable of using the R.W. Beck Study from 1986/87 to update our electric rates. Mr. Tudor agreed, stating that the previous study should give City staff the basic information and should be able to update it for our current use. He also felt that an expenditure of this nature should be held in abeyance until a new Electric Director is on-board.

Ms. Swain explained that since many changes have taken place relative to rates since the last study, equitability between the classifications may have shifted. Also, major capital expenditures for maintenance are expected and should be considered in future rate structures. She stated that City staff does not have the expertise to perform this study.

Agreeing with Ms. Swain, Mr. Hare stated that other local electric producers have experts on staff to perform this study for them. Since the City does not, he feels we have no choice but to contract with someone to perform the task for us. Mr. Lambert agreed, stating that the City must be competitive with other local electric companies and a study of this nature is necessary in order to do so.