REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 28, 1992 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 Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Coker, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
By motion of Mr. Leary, seconded by Mr. Lambert, the agenda was unanimously approved.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 14, 1992
The Minutes of the Regular Council Meeting of September 14, 1992 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Knopf.
RESOLUTION - TIMOTHY P. MULLANEY
By motion of Mr. Salters, seconded by Mr. Hare, Council unanimously adopted the following Resolution:
WHEREAS, Lieutenant Timothy P. Mullaney has been a faithful employee since November 27, 1972 when he was hired as a Patrolman for the City of Dover Police Department; and
WHEREAS, Lt. Mullaney quickly rose through the ranks of the police force, being promoted to Patrolman First Class in 1976, Corporal in 1980, Sergeant in 1984 and Lieutenant in 1989; and
WHEREAS, during the course of his career, Lt. Mullaney was very active in many aspects of his job, serving as a member of the Police Bargaining Unit, a member of the Police Pension Board since 1982, and served as a driving force in the Police Department's quest towards national accreditation; and
WHEREAS, in addition to performing his duties as a police officer, Lt. Mullaney has continued to work towards furthering his education, having received his Bachelor of Science Degree in Criminal Justice Technology and is currently working towards a degree in law; and
WHEREAS, after 20 years of dedicated service, Lt. Mullaney has chosen to retire from employment with the City of Dover Police Department.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest gratitude to Lt. Timothy P. Mullaney for his contribution to our community, highly commending him for the manner in which he carried out his responsibilities and duties for the City of Dover Police Department, and wish him a healthy and happy retirement.
BE IT FURTHER RESOLVED that the this Resolution be made a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the long and dedicated service of Lt. Timothy P. Mullaney.
ADOPTED: September 28, 1992
Council President Christiansen announced that a presentation to Lt. Mullaney of the Resolution, Dover Cup, and Dover Plaque will be made at a later date.
PROCLAMATION - FIRE PREVENTION WEEK
Council President Christiansen read into the record the following Proclamation:
WHEREAS, approximately 80% of all fire deaths occur in the home; and
WHEREAS, smoke detectors provide early warning of fire and reduce the risk of dying in a home fire by 50%; and
WHEREAS, smoke detectors should be tested regularly and batteries should be replaced at least once a year; and
WHEREAS, the Robbins Hose Company No. 1, Inc., serving as the Dover Bureau of Fire, is dedicated to the protection of life and property from the devastating effects of fire.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim October 4-10, 1992 as FIRE PREVENTION WEEK in Dover, Delaware, urging all citizens to participate in fire prevention activities at home, work, and school, to test their smoke detectors, and to install fresh batteries in those smoke detectors.
PROCLAMATION - HALLOWEEN OBSERVANCE
The City Clerk read into the record the following Proclamation:
WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and
WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats as is the custom of the celebration of Halloween; and
WHEREAS, the observation of this holiday, for extended periods, is an inconvenience to the public and contributes to the possibility of damage and destruction of personal property; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Saturday, October 31, 1992 between the hours of 5:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween Trick-or-Treat observance shall be held on the 31st day of October, 1992 between the hours of 5:00 p.m. and 8:00 p.m.
2. That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time, in an effort to maintain a fun and safe environment for everyone participating in the festivities.
PUBLIC HEARINGS - PROPOSED PROPERTY DEMOLITIONS
Public hearings were duly scheduled for the proposed demolition of (1) 38 S. New Street - rear garage of property; and (2) 179 - 181 Mitscher Road. The main house on the property is not a part of the proposed demolition.
38 S. New Street - Rear Garage
Building Inspector/Planner, Anthony DePrima, explained that the property at 38 S. New Street, is owned by George and Mary Ellen Massey. The one story barn and garage, located on the rear portion of the property, is constructed of block and wood frame. The roof is partially caved in and the remaining building is full of debris and structural members are deteriorated. The Building Inspector has declared the structure unfit for use or repair. Mr. DePrima showed slides of the property, depicting the property deterioration.
Responding to questions by Mr. Lambert, Mr. DePrima stated that the equitable owners are not protesting the demolition and will work out a payment schedule to reimburse the City for expenses. In cases of demolition, a municipal lien is placed on the property until the debt is satisfied. The estimated cost of demolition is $5,000.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the public hearing closed.
Mr. Salters moved that the City Building Inspector be authorized to have the rear garage at 38 S. New Street demolished. The motion was seconded by Mr. Lambert and carried by a unanimous roll call vote.
179-181 Mitscher Road
The property located at 179-181 Mitscher Road is a double house, approximately 900 sq. ft., of wood frame construction. The property has been vacant for four years. The Building Inspector reported that the roof is caving in on the property, the floors and walls are deteriorated, the windows and frames are broken and rotting, and the property is generally unfit for use or repair. The Building Inspector recommends demolition of the structure, at an estimated cost of $3,000. Slides of the property were shown, depicting the deteriorating condition of the structure.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the public hearing closed.
Mr. Lambert moved that the Building Inspector be authorized to have the structure located at 179-181 Mitscher Road demolished. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
MONTHLY REPORTS - AUGUST
By motion of Mr. Salters, seconded by Mr. Leary, Council unanimously accepted the following monthly reports:
City Assessor Report
City Alderman Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Reports
Water/Sewer Fund, Revenue & Budget Reports
Internal Service Fund, Revenue & Budget Reports
Electric Revenue Fund, Revenue & Budget Reports
Improvement and Extension Fund, Cash Receipts & Budget Reports
Members of Council commended the Police Chief on his report which shows an 85% increase in fines over the same period last year.
Responding to questions on the Building Inspector's Report, Mr. DePrima stated that a new complaint of noise at the Stadium Sports Bar was just received but that he will work with the owners to quickly solve the problem.
From information in the City Manager's Report relative to Youth Governance Day, Mr. Worley stated that this program is a little behind schedule. This event will be coordinated with the local school systems and since they just came back into session, work on the project will begin soon.
Mr. Hare moved for acceptance of the following reports, seconded by Mr. Lambert and unanimously carried:
Chief of Police Report
Building Inspector and Fire Marshal
City Manager's Report
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on September 15, 1992 with Chairman Hare presiding.
Review - East Loockerman Street Traffic
On May 21, 1992 Council authorized staff to remove the barricade at the western end of East Loockerman Street and that the Police Department utilize strict enforcement for traffic violations for a three month trial period at which time the committee would re-evaluate this action. Since the three month trial period of stricter traffic enforcement on East Loockerman Street has concluded, the matter was presented back to the committee for consideration.
Chief Hutchison reported that the problems being experienced on Loockerman Street are being realized throughout the City and that the Police Department intends to continue to prioritize traffic control within the entire City. As of August 1991, a total of 3,754 traffic arrests were made compared to a total of 6,951 traffic arrests made as of August 1992, which indicates that the Police Department has prioritized traffic control. Chief Hutchison assured members that the Police Department will continue to prioritize traffic control and recommended that no further action be taken on East Loockerman Street at this time.
In response to concerns of traffic attempting to cross Route 13, travelling east and west, Chief Hutchison stated that he will contact DelDOT and request them to review the traffic signals for the possibility of adjusting the length of time the lights remain green.
No further action was taken by the committee; however, they requested that staff submit periodic reports on the traffic situation on East Loockerman Street.
Council took no further action.
Traffic Control Devices
Councilman Leary submitted a memo suggesting that the committee have a public discussion on the requirements of erecting traffic control devices and to provide an opportunity for Chief Hutchison to explain the traffic situation in the City.
Mr. Leary noted that Chief Hutchison's response to the East Loockerman Street traffic satisfied his request and no further action was taken.
Proposed West Dover Fire Station
Mr. Hare announced the establishment of a Public Safety Issues Implementation Study Committee which has been charged with investigating the need and development of a plan or plans to construct and equip a West Dover Fire Station, expand or renovate the current police station, and to survey and project the future need for a fire station in East Dover. The committee consists of one civilian member appointed by each member of Council, and Mayor Knopf who chairs the meetings. Mr. Hare informed the public that any comments or suggestions should be submitted directly to this committee but suggested that information given to the committee consist of actual facts and figures rather than opinions.
Public comments were heard from Mr. Jim Carr and Mr. Tony D'Arpino. Mayor Knopf announced that the next meeting of the committee will be September 30, 1992 at 7:00 p.m.
Mr. Hare stated that this item will continue to be placed on the agenda for an update until the Public Safety Issues Implementation Study Committee has completed their charge, at which time a report will be made to the Safety Advisory Committee and that the funding mechanisms will be considered by the Legislative and Finance Committee for their review and recommendation to Council.
Council took no further action.
Mr. Hare moved for acceptance of the Safety Advisory Committee, seconded by Mr. Lambert and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 15, 1992 with Chairman Levitt presiding.
Petitions - Filing Procedures for Rezonings
The committee reviewed a proposal from the City Assessor to request the General Assembly to establish a time limit for presenting petitions in opposition to rezonings. This would facilitate the necessary time for the Assessor to evaluate the petition prior to Council voting on the issue.
Noting that the request would amend the Delaware Code and effect other municipalities within the State of Delaware, the committee suggested that other municipalities be contacted prior to submitting the request to the General Assembly.
No further action was taken.
Proposed Charter Amendment - Section 47 - Reappraisals
In accordance with Section 47 of the City Charter, beginning in the year 1983, all real property in the City of Dover is to be reassessed by a certified independent outside appraiser chosen by Council and the same is to be done at least every ten (10) years thereafter. City Assessor Lucas explained that the purpose of this provision is to eliminate the possibility of having the City's tax base becoming drastically outdated.
Since adoption of the amendment to Section 47, the City has expanded its capabilities and can now conduct in-house reassessments. Successful revaluation projects in 1987 and 1990 have kept the value of our tax base current, with future revaluations expected to continue that trend. According to the City Solicitor, there are no requirements in the Delaware Code concerning reassessment by an independent appraiser.
Should Council wish to continue with the current in-house reappraisal capabilities, an amendment must be made to Section 47 of the City Charter to eliminate the 10 year mandate. Mr. Lucas suggested that the ninth paragraph of Section 47 of the City Charter be amended by omitting "and the same shall be done at least every ten (10) years thereafter" and adding "and thereafter whenever City Council shall so direct". This would eliminate the 10 year mandate and maintain Council's authority to order a reappraisal by an outside firm if they so desire.
Members felt that City Assessor Lucas has performed an outstanding job in keeping the City's tax base current and that he should continue performing in-house reappraisals.
The committee recommended that an ordinance be adopted requesting the General Assembly to submit a Bill to amend Section 47 of the City Charter. (The first reading of the proposed ordinance will take place during the latter part of this meeting.)
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Refinancing of Bonds
The City of Dover has issued bonds for electric utility, water and sewer utility and general governmental purposes. These bonds were issued over the last seven (7) years at various rates ranging from 6.4% to 7.3%. In the last 12 months, interest rates have declined.
Mr. Mike Karia, Finance Director, advised members that he has discussed the concept of refinancing the bonds with financial advisors and that an estimated savings of $715,000 could be realized if the bonds were refinanced.
The proposed amount to be refinanced totals $26,400,000 at a net savings of $715,000, which is a savings of 2.70%. The process involved in refinancing consists of appointing the bond counsel and financial advisors, selection of underwriters, negotiating the sale of bonds, closing the bond issues and signing of the documents. Noting that this process can be extensive, Mr. Karia suggested that a committee be established in order to accomplish savings through market timing and to complete the refinancing expeditiously.
The committee recommended approval of the concept of refinancing of bonds, the creation of a "Refinancing Committee" to consist of Mayor Knopf, Councilman Levitt, Councilman Leary and Mike Karia, and the authorization for the Committee to carry out the refinancing functions, with a provision that the Refinancing Committee will make a weekly report to City Council on all the actions that have been taken by the Committee.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Vehicle Policy
The committee discussed the City's vehicle policy and requested that staff provide the committee with: (1) the number of employees who take City vehicles home after work; (2) the number of times they have been called out on an emergency basis during the past two or three years; (3) the designated use for each vehicle; (4) a list of vehicles that are taken home out of the City limits and their destination; (5) the costs for employees to take vehicles to and from work; and (6) justification for those employees to take City vehicles home after work.
This matter will be reviewed at the next committee meeting.
Grant Funds - Additional Personnel - Police Department
During the committee meeting of August 11, 1992, Chief Hutchison advised members that the Police Department is inquiring into the possibility of obtaining two grants for additional personnel to be funded by the Criminal Justice Council. On August 24, 1992, Council authorized the approval of the grant application of a civilian position of Victim Services Representative and that the request for additional officers be further reviewed by the committee at a later date.
Since there is a considerable amount of work involved in obtaining a grant, Chief Hutchison requested the committee's guidance in pursuing the matter. It is his plan to increase the bicycle unit by three additional personnel, if the grant is approved. He stated that the value of the bicycle unit and community policing have already proven their worth. The costs for each officer would be approximately $33,000, which includes salaries and fringe benefits. The bicycles and related equipment would cost $12,834. Although it is not known at this time, Chief Hutchison stated that there could be a matching fund requirement, which could be up to 25% of the grant. If in three years, at the conclusion of the funding, it was determined that a force reduction was necessary, it could be accomplished through attrition, noting that there will be 16 officers eligible for retirement within the next four years.
The committee recommended that the Chief of Police be authorized to submit a grant proposal to the Criminal Justice Council for three additional police officers.
Mr. Levitt noted that the committee's recommendation is only for permission to apply for the grant.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Christiansen and Mr. Tudor).
Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on September 15, 1992 with Mr. Hare serving as Chairman in the absence of Mr. Pitts.
Establishing Dover/Silver Lake/St. Jones River Watershed as "Designated Watershed"
Representatives of DNREC, Division of Soil and Water Conservation, presented a Watershed Protection Strategy for the Dover/Silver Lake/St. Jones River Watershed to members of the committee. The strategy proposes that the City submit to the formal, enforceable "Designated Watershed" planning process as outlined in Delaware's Sediment and Stormwater Act and Regulations. During their meeting of August 27, 1992, the Silver Lake Commission endorsed the concept of the Dover/Silver Lake/St. Jones River Watershed being established as a "Designated Watershed".
Mr. Hare stated that there would be no cost to the City for at least three years, at which time the City can determine at what level of participation it wishes to continue in the program.
The committee recommended endorsement of the concept of the Dover/Silver Lake/St. Jones River Watershed being established as a "Designated Watershed", and that staff be authorized to work with DNREC on this project.
Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Lambert and unanimously carried.
Mr. Hare moved for approval of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 15, 1992 with Chairman Daisey presiding.
Report - Middle West Service Company
The committee reviewed the Annual Engineering Consultants Report for the Electric System of the City and related budgets for 1991/92 and 1992/93 as submitted by the Middle West Service Company. This report is required under the Bond Resolutions adopted by the City in 1990, 1985, 1965 and 1960.
Middle West Service Company has reviewed the current fiscal year and has made recommendations for the next fiscal year in areas of operations, maintenance, improvement and extensions as well as electric rates and insurance. The report indicated that although the Electric Department properties are generally in good condition and well maintained, extensive improvements to the plant will be necessary. There were also potential concerns about the air emissions from the plant.
Staff assured members that the recommendations were taken into consideration in the preparation of the Electric Department's budget and that steps have already been taken with positive results achieved.
The committee recommended adoption of the Annual Engineering Consultants Report for 1992 as submitted by the Middle West Service Company.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Engineering Services Agreement - Well Field Construction Phase
Staff has negotiated with BCM Engineers, the design firm for the Well Field Development project, to provide engineering services during construction of the Treatment Plant, Wells and Transmission Mains. An agreement has been reached to provide the services, including a Resident Project Representative, for an amount not to exceed $380,000, as follows:
Construction Phase $345,694
O & M Manual 21,346
Start-up Assistance 12,960
The committee recommended approval of the Engineering Agreement with BCM Engineers, for construction services for the Well Field, for an amount not to exceed $380,000.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
DEMEC - Long-Term Power Supply Plan
In June 1992, Dover became a full member of the Delaware Municipal Electric Corporation (DEMEC). When the corporation performs a study, each member is given the opportunity to agree or decline to participate. Participation results in a sharing of the cost of the study. A proposal for Resource Management International, Inc. (RMI) to perform a four-phased power supply study was presented for the committee's review.
RMI has proposed to provide consulting services to DEMEC for several phases of activity, as follows:
Phase I - Evaluation of Present and Near-Term Situation$ 7,000
Phase II - Development of Alternatives and Comparative Costs 48,500
Phase III- Development of Initial Long-Range Plan 24,000
Phase IV - Implementation of Long-Range Power Supply Plan N/A
The scope of services for Phases I, II and III will be performed on a time and expense reimbursement basis for a total estimated cost of $79,500. RMI reserves the right to adjust the expenditures for the various Phases as long as the total costs do not exceed $79,500. Dover's share of Phases I, II and III would be $25,758.
This phased approached is structured to first present DEMEC with an evaluation of the present and near-term situation to determine whether additional economies can be realized. Subsequent phases will provide DEMEC with a conceptual resource plan which can be modified based on review and input from DEMEC and its members. Final phases would result in a detailed plan with specific recommendations on how and when to proceed with developing appropriate contractual relationships and acquiring the appropriate power resources based on the costs and assumptions used in the conceptual plan.
The City Manager feels that the short-term analysis has the potential to directly benefit Dover. The long-term power study may be an interesting alternative to Dover's present plan. Since there is an estimated $65 million cost of Dover's plan, it is prudent to explore all alternatives, especially those that may reduce the costs. A joint development of power supplies by DEMEC may be a lower cost alternative.
The committee recommended that the City agree to participate in Phases I, II and III of the DEMEC Long-Term Power Supply Plan at a cost not to exceed $25,758.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Storer Cable Resolution
The committee considered a letter from Mr. Steve Burch, Area Vice President of Storer Cable Communications, requesting adoption of a resolution by the City that would grant consent and approval for Comcast to become the sole owner of Storer Cable Communications. The request was made by Storer to comply with a provision of the cable television franchise requiring consent from the City to assign, transfer or sublet any conditions of the franchise to another party. Mr. Burch indicated that the cable television services to the community will continue without interruption or any diminution in quality.
The proposed resolution was reviewed by the Deputy City Solicitor. The committee recommended approval of the requested Resolution.
By motion of Mr. Daisey, seconded by Mr. Hare, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION OF THE CITY OF DOVER, DELAWARE GRANTING CONSENT AND APPROVAL TO CHANGES IN THE GRANTEE AND ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FOR DOVER DELAWARE
WHEREAS, Storer Cable Communications of Delmarva, Inc. (the "Grantee") has been granted authorization to construct, operate, maintain and provide cable television services (the "Franchise") by the City of Dover, Delaware (the "Grantor"); and
WHEREAS, the terms and conditions of the Franchise are in full force and effect as of the date of this Resolution; and
WHEREAS, the Grantee is indirectly controlled by Comcast Storer, Inc. ("Comcast") and TKR Storer Limited Partnership ("TKR"); and
WHEREAS, through a series of internal transactions Comcast and TKR intend for Comcast to become the sole owner of Grantee through its subsidiary Storer Communications, Inc.; and
WHEREAS, the Grantee has requested consent to the change in control of Grantee described above; and
WHEREAS, the interest of the citizens of the Grantor are best served by the adoption of the Resolution set forth herein.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE hereby consents to and approves the change in control of Grantee set forth above.
ADOPTED: September 28, 1992
Kenton/College Road Sewer Main Extension - Phase I
In conjunction with the 1991-96 Capital Improvements Plan, it was proposed to construct a sewer line extension on College Road to the intersection with Kenton Road. The construction consists of approximately 240 linear feet of eight inch sanitary sewer main. The Engineer's estimate was $42,619.
In accordance with Section 18.7-2 of the Dover Code, all property owners that will be assessed as a result of this project have been notified by certified mail of the results of the bids and invited to discuss the results during this meeting. The assessment charge for this project will be $40 per front foot, which is the maximum allowed by ordinance.
The committee recommended that the contract for the Kenton/College Road Sewer Main Extension Phase I be awarded to Lindstrom Excavating in the amount of $24,944.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Unit #3 Air Preheater Steam Coil Replacement
Unit #3 has a steam air preheater installed to preheat combustion air prior to entry of the air to the air heater. The purpose of the steam air preheater is to limit the amount of corrosion to the air heater by controlling the average metal temperatures. Preheating the air in this manner is also an aid in improving combustion and reducing stack acid formation. Unit #3 is suffering periodic leaks in the steam air preheater coils and repair of these leaks will require unit shutdown. Replacement of the preheater in the near future appears prudent to avoid forced unit outages. Replacement with identical units by the OEM Unifin will cost $91,212. An alternative vendor, MPA, offers a design that will reduce the draft loss to one third of the current value. MPA quoted $94,104 for the replacement coils; however, the reduced draft loss will result in an approximate 80 H.P. power savings in the FD fan requirements. With an average cost of generation of $30/MWH, the reduced draft loss gives a payback of the added cost of $2,892 in less than one year.
The committee recommended approval of the replacement of the existing steam air preheater coils with MPA units at a cost of $94,104.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Lambert and carried by a unanimous roll call vote.
Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
APPOINTMENT - PLANNING COMMISSION - MICHAEL AMBRUSO
Mayor Knopf requested Council confirmation of the appointment of Michael Ambruso to the Planning Commission to fill the seat vacated by Mr. Bill Holmes. The term of office expires on February 28, 1994.
Mr. Hare moved for approval of the appointment, seconded by Mr. Lambert and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Leary moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Hare and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance 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 13, 1992.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Hare and unanimously carried:
SECTION 47 - CITY CHARTER - GENERAL ASSESSMENT AND LEVY ON UTILITY PROPERTY (Reappraisals)
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 14, 1992.
Section 22-251(b) - Water/Sewer Bill - Grace Period
Mr. Lambert moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Leary moved for adoption of the following ordinance, seconded by Mr. Daisey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Code of Ordinances of the City of Dover is hereby amended by striking sec. 22-251(b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "A penalty of five (5) percent shall be added to all water service fees which shall be in arrears for a period in excess of twenty-five (25) days after the date of rendering of the water service bill.
ADOPTED: September 28, 1992
College Road Sewer Main Segment
Mr. Lambert moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Leary moved for adoption of the following ordinance, seconded by Mr. Daisey carried by a unanimous roll call vote:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF A SEWER LINE ALONG COLLEGE ROAD FROM MISHOE STREET TO RAILROAD AVENUE, KNOWN AS PROJECT 91-09.
WHEREAS, the Council is authorized to install sewer lines in the City, and, by Ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed a sewer line from Mishoe Street to Railroad Avenue along College Road, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer line, at the rate of $40.00 per front foot adjoining the said sewer line.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments do not include any costs associated with the future installation of any sewer laterals. All future laterals shall be charged in accordance with the current City of Dover Sewer Fee Schedule in effect at the time of sewer lateral installation.
4. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 7% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
ADOPTED: September 28, 1992
Mr. Leary moved to adjourn into the Open Forum, seconded by Mr. Daisey and unanimously carried.
OPEN FORUM
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.
Richard Ornauer - 17 Mifflin Road
Mr. Richard Ornauer of 17 Mifflin Road relayed his disappointment that the Council Meeting was not being televised by Storer Cable Communications. Council President Christiansen relayed that Storer has been experiencing technical difficulties with their equipment and are in the process of making the necessary repairs.
Meeting Adjourned at 8:42 P.M.