City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Jun 8, 1992 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 8, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Leary, Pitts, Salters, Levitt, Daisey and Hare.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Captain Carey, Mrs. Boaman and Mr. Rodriguez.

The invocation was given by Reverend Coker, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Council President Christiansen requested the addition of item #7C, "Appointment to the Planning Commission". By motion of Mr. Salters, seconded by Mr. Daisey, the agenda was unanimously adopted as amended.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 21, 1992

The Minutes of the Special Council Meeting of May 21, 1992 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Leary and bore the written approval of Mayor Knopf.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 26 1992

The Minutes of the Regular Council Meeting of May 26, 1992 were unanimously approved by motion of Mr. Daisey, seconded by Mr. Salters and bore the written approval of Mayor Knopf.

RESOLUTION - JUSTINE JONES

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

WHEREAS, Miss Justine Jones was recently crowned MISS DELAWARE TEEN USA and will attend the National MISS TEEN USA Pageant in Biloxi, Mississippi in August; and

WHEREAS, Miss Jones is an Honor Roll student at Caesar Rodney High School and has been active in the swim team, band, school newspaper, and SADD, has served as a teacher's aide and is a State Fire School graduate and CPR certified; and

WHEREAS, beginning in 1988, at the age of 13, she volunteered her summer vacations to work at Camp Lenape, a summer camp that is run by the United Cerebral Palsy organization for handicapped children.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover extend their congratulations to Justine Jones for her accomplishment in obtaining the MISS DELAWARE TEEN USA title and for her contributions to our community with her unselfish devotion to her school, her family and her community.

BE IT FURTHER RESOLVED that the Mayor and Council wish Justine Jones the best of luck and success in the National MISS TEEN USA Pageant.

ADOPTED:June 8, 1992

The Resolution was presented to Justine Jones and her parents by Councilman Lambert and Council President Christiansen.

PROCLAMATION - AFRICAN-AMERICAN HERITAGE FESTIVAL

The City Clerk read into the record the following Proclamation:

WHEREAS, the Inner City Cultural League, Inc. is an organization dedicated to the uplift of the moral, cultural, social, educational, and spiritual values of the less advantaged youth of our community; and

WHEREAS, since its creation in 1989, over 600 youths have participated in the sports programs of basketball and softball, and have benefitted from the appearances of role models and counseling which has been provided by the black males and females of this community; and

WHEREAS, on June 27, 1992, the League is sponsoring an African-American Heritage Festival at the Firemen's Park on Park Drive in Dover which will begin at noon with a presentation of the Colors of the United States of America and the State of Delaware, and will include visual and performing arts, marchers, vendors and many other types of entertainment.

NOW, THEREFORE, I, AARON O. KNOPF, do hereby Proclaim June 27, 1992 as AFRICAN-AMERICAN HERITAGE FESTIVAL DAY in the City of Dover and urge participation in the planned events which will inspire "the spirit of Dover" into the hearts and minds of our citizens.

The Proclamation was accepted by Councilman Reuben Salters who urged participation in this worthwhile activity.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 1326 FORREST AVENUE

A public hearing was duly advertised for this time and place to consider rezoning of property located at 1326 Forrest Avenue, owned by June D. Schamp.

The City Clerk reported that a letter was received from June D. Schamp requesting that the rezoning request be withdrawn.

Mr. Lambert moved for acceptance of the request for withdrawal, seconded by Mr. Daisey and unanimously carried.

PROPERTY ASSESSMENT APPEALS REPORT

The Property Assessment Appeals Committee received formal property assessment appeals on May 27, 1992 with Councilmen Christiansen, Levitt and Pitts serving as members. The Property Assessment Appeals Committee made the following recommendations:

Luther Towers III

Proposed Site

Value Appealed-N/A

Committee Recommendation-Exempt

Referring to the tax exemption of Luther Towers III, Mr. Hare reminded the public that although Luther Towers has full tax exemption on all of their facilities in Dover, they make a contribution to the City for the use of City services.

Mr. Hare moved for acceptance of the recommendation of the Committee, seconded by Mr. Levitt and carried by a unanimous roll call vote.

Second Baptist Church

407 Loockerman Street

Value Appealed-$83,200

Committee Recommendation-Exempt

Mr. Lambert moved for acceptance of the recommendation of the Committee, seconded by Mr. Daisey and carried by a unanimous roll call vote.

Downtown Dover Development Corp.

5 Reed Street

Value Appealed-$1,538,900

Committee Recommendation-Partial Exemption Granted of $599,700

Mr. Lucas explained that the partial exemption is for that portion of the building utilized by the City of Dover, which equates to 38.97% of the building.

Mr. Lambert moved for acceptance of the recommendation of the Committee, seconded by Mr. Daisey and carried by a unanimous roll call vote.

General Foods

Plant - North Street

Value Appealed -$43,060,000

Committee Recommendation-$35,273,400

Mr. Lucas stated that the Committee's recommendation is based upon corrections to the City's data. A letter has been received from Kraft/General Foods accepting the corrections to the facility.

Mr. Hare moved for acceptance of the recommendation of the Committee, seconded by Mr. Lambert and carried by a unanimous roll call vote.

Mr. Hare moved for acceptance of the Property Assessment Appeals Committee Report, seconded by Mr. Leary and unanimously carried.

SETTING OF PROPERTY TAX RATE - 1992/93

Mr. Lambert moved that the property tax rate for the 1992/93 fiscal year be set at $ .655 per hundred dollars of assessed valuation (which is the same rate utilized in 1991/92). The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.

APPOINTMENTS

Dover Parking Authority

Mayor Knopf requested the appointment of H.E. Dixon to the Dover Parking Authority, for a five year term, to replace K.C. Sheth.

Mr. Salters moved for acceptance of the appointment of H.E. Dixon to the Dover Parking Authority for a five year term, seconded by Mr. Pitts.

Mr. Lambert voiced concern with making an appointment without being supplied with information relative to the qualifications of the appointee. Mr. Salters withdrew his motion as did Mr. Pitts his second.

Mr. Lambert moved to table action on the appointment to allow the Mayor the necessary time to distribute information on the qualifications of the appointee. The motion was seconded by Mr. Hare and carried with Council President Christiansen voting no.

Awards Committee

Mayor Knopf informed members of Council of the appointment of William P. Truitt to the Awards Committee to replace Mr. Don Braden.

Planning Commission

Mayor Knopf requested the appointment of William J. DiMondi to the City of Dover Planning Commission, filling the unexpired term of William W. Cooke. The term of office expires February 28, 1994.

Mr. Lambert moved for approval of the appointment of William J. DiMondi to the Planning Commission, to fill the unexpired term of William W. Cooke through February 28, 1994. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on May 27, 1992 with Chairman Levitt presiding.

Mr. Levitt moved that the following items be approved under the consent agenda format, seconded by Mr. Lambert and unanimously carried:

Statement - Councilman Levitt

No formal action taken by the committee.

City Manager's Report

No formal action taken by the committee.

Basic Life Support Contract Renewal

On August 30, 1991, the City of Dover signed a contract with Med Star Inc. to provide Basic Life Support Service within the Robbins Hose Fire District for a one year period with the renewal for an additional two years to be at the sole discretion of the City of Dover. The contract requires the City to give a 90 day written notice if the contract is to be extended.

Staff reported that during the past nine (9) months, Med Star Inc. has far exceeded its contract obligations and that the quality of their services has been exemplary. This service is provided at no cost to the City of Dover.

The committee recommended that the existing contract with Med Star Inc., to provide Basic Life Support Service in the Robbins Hose Fire District, be extended for an additional two years.

Mr. Levitt moved for acceptance of the committee's recommendation, seconded by Mr. Lambert and carried by a unanimous roll call vote.

Proposed Amendment to Noise Ordinance - Report by Solicitor

Council requested that the City Solicitor provide an opinion regarding Councilman Daisey's proposal to modify the noise ordinance to make it illegal, without special permission from the City of Dover, to operate a boom box, car radio that has been modified to increase its volume, or any other sound device that exceeds the decibel level of an unmodified radio in a motor vehicle.

City Solicitor Rodriguez indicated that the existing noise ordinance, Section 14-8, subsection (b)(2) of the Dover Code, prohibits the use of boom boxes and modified car radios if their use creates a nuisance which disturbs the "peace, quiet, and comfort of the neighboring inhabitants" or where it is louder than necessary for convenient hearing. Mr. Rodriguez felt that the current ordinance is enforceable and constitutional. He indicated that the City has chosen to avoid the use of measuring decibel levels since it would require the use of meters, which would involve special training and education to operate and read. Mr. Rodriguez also indicated that the absolute prohibition of boom boxes and modified car radios would be unconstitutional. It was his feeling that the City should continue to utilize the current ordinance to regulate the use of these instruments.

Mr. Daisey requested that Chief Hutchison provide information on the number of arrests made, within the last year, that were in violation of the current noise ordinance in a motor vehicle. Mr. Daisey advised members that he has contacted the City Solicitor and requested him to review the ordinance with respect to safety rather than a nuisance type of violation.

The committee took no further action on the matter.

Whiteoak Road - Proposed Building Moratorium

The committee authorized the City Planner to work with the City Solicitor to develop the necessary language and criteria to institute a moratorium for development on Whiteoak Road to be presented to the committee for review.

The committee recommended that a development moratorium be imposed on Whiteoak Road for one year and that the Resolution be presented to Council for adoption.

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

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

WHEREAS, it has come to the attention of Council through the Planning Commission, the City Planner, and contacts from residents in the area that a serious traffic problem exists on White Oak Road from the intersection with U.S. Route 13 and easterly to the city limits; and

WHEREAS, this problem has been pointed out to the City Planner in a letter from the Department of Transportation of the State of Delaware written by Anthony D. Peer, Intergovernmental Coordinator, where he talks about the White Oak Road problem as follows:

It lacks shoulders and sidewalks along portions of the road. The drainage should be closed from U.S. 13 to the new bypass. There are too many entrances. Some of these entrances should be shared and channelized. The intersection of White Oak Road and U.S. 13 operates at unacceptable levels of service. However, improvements to this intersection would be difficult and expensive because of the current right-of-way limitations.

WHEREAS, the Department of Transportation is conducting a detailed study of the White Oak Road/U.S. Route 13 intersection which it anticipates will be completed in August of 1992; and

WHEREAS, many residents in the area have registered complaints about traffic on White Oak Road and the inability of the road as presently improved accommodating this traffic because of its narrowness, lack of shoulders, and many entrances; and

WHEREAS, it appears that this traffic problem on White Oak Road presents an extremely dangerous situation to public use of this road which will be

intensified if continued development is permitted in the area which would increase the volume of traffic on this road and would correspondingly increase the threat of more motor vehicle accidents; and

WHEREAS, in 1991 there was 28 motor vehicle accidents on White Oak Road; and

WHEREAS, Council views this as a unique situation where some action must be taken to control traffic on White Oak Road until necessary improvements can be made to accommodate this traffic and, therefore, to prevent and prohibit more traffic being generated on this roadway in the meantime and therefore declares that the only method available to accomplish this result is to declare a general moratorium on further development in the area which will increase the traffic on White Oak Road for the general health, welfare, and safety of residents in the area and users of the roadway, both motor vehicle and pedestrian.

THEREFORE, be it resolved by the Mayor and Council that:

1. A moratorium is hereby declared on further development in the area of White Oak Road from U.S. Route 13 easterly to the City limits which would increase the volume of traffic or potentially increase the volume of traffic on White Oak Road and to that end the City Planning Commission and Planning Staff are directed to not accept site plan, subdivision or conditional use applications as set forth in Article 10 of the Zoning Ordinance for any property on White Oak Road or which would have an outlet to White Oak Road which would increase or tend to increase the volume of traffic on White Oak Road.

2. This moratorium shall be in effect until further action is taken by Council to relieve the moratorium and shall remain in effect until the Department of Transportation study is completed for this area and until improvements can be made to White Oak Road to correct the problems noted in the letter of the Department of Transportation dated March 25, 1992, but in no event shall this moratorium remain effective beyond one year from the date of this resolution unless further extended by Council by subsequent resolution based upon adequate showing of necessity for safety and for the general health, welfare, and convenience of the residents in the area and users of White Oak Road.

ADOPTED:June 8, 1992

At the request of Mr. Hare, Mr. Levitt moved that the matter be brought back before Council 60 days prior to the one year expiration to allow sufficient time for review. The motion was seconded by Mr. Leary and unanimously carried.

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

PARKS AND RECREATION COMMITTEE

The Parks and Recreation Committee met on May 27, 1992 with Chairman Pitts presiding.

Status Report - Proposed Tree Ordinance

The City Planner submitted a proposed tree ordinance, which is an amendment to the Zoning and Subdivision Ordinances, for the committee's review. After review by the committee, staff will make necessary changes and a final draft will be presented back to the committee for their review.

The committee discussed, at length, a section of the ordinance that prohibits the removal of trees on private property, which some felt could infringe on one's constitutional rights. Some members felt that the ordinance would become ineffective if this section were omitted. The City could require a developer to plant trees but as soon as the property was sold, the homeowner could remove all the trees that the developer was required to plant.

Staff was requested to submit an updated draft of the ordinance to the committee for review at its next meeting, leaving Section 15.41 in the ordinance at this time to allow for more public input on the matter.

The committee took no further action.

Design Proposal - St. Jones Greenway

In January 1991, members of City Council reviewed a conceptual plan for the development of the St. Jones River Greenway. The Greenway was proposed to run from Silver Lake Park south to Route 13.

The City of Dover has received $255,000 from the State of Delaware Suburban Street funds to begin work on the St. Jones Greenway. In order to begin construction on this project, the final design of the walkway and construction specifications must be completed.

Staff has been working with Landscape Architectural Services and negotiated a price of $22,000 to complete the final design and construction documentation for the Greenway from Silver Lake Park to and including the PW II site. Staff recommended approval of the selection of Landscape Architectural Services at the price of $22,000 to complete the St. Jones River Greenway final design and construction documents. The price includes the following items:

1)Site Analysis

2)Design Development

3)Construction Plans and Specification Phase

4)Grading, Drainage and Soil Erosion Control Plan

5)Location and Dimension Plan

6)Construction Plans and Details

7)Construction Bidding

8)Site Inspection

9)Post Implementation

Mr. Worley advised members that the funding for the project has already been established which consists of a $200,000 State grant, $255,000 from State Legislators, and approximately $40,000 in parkland reserve funds. He stated that the State grant money could be rescinded and redistributed to another municipality if the City does not expend the funds in a timely manner.

The committee recommended approval of the selection of Landscape Architectural Services at the price of $22,000 to complete the St. Jones River Greenway final design and construction documents.

Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.

Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.

SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee met on May 27, 1992 with Mr. Lambert presiding in the absence of Chairman Hare.

Parking - Silver Lake Boulevard

Mr. Lee Blankenship, President of the Silver Lake Townhouses Community Association, Inc., submitted a letter concerning parking along Silver Lake Boulevard. He indicated that there are vehicles that park on both sides of the street creating a safety hazard for pedestrians and vehicles.

Mr. Ron Bogia, 937 Silver Lake Boulevard, advised members that the employees of those businesses located across from the Silver Lake Townhouses are utilizing Silver Lake Boulevard to park their vehicles rather than the off-street parking provided by their employer. He stated that an excessive number of vehicles are parking in the vicinity of the MBNA Building. Mr. Bogia stated that the residents are concerned with safety and the aesthetics of the area and requested the City's assistance.

The City Planner stated that the office buildings along the street meet the City of Dover Code requirements relative to adequate off-street parking facilities. He explained that the City can mandate that adequate off-street parking be provided; however, it is very difficult to force someone to utilize the provided spaces.

Although Silver Lake Boulevard was never intended to provide parking facilities for nearby businesses, Chief Hutchison advised members that Silver Lake Boulevard is a very wide street that does not currently prohibit on-street parking.

The committee recommended that Chief Hutchison contact MBNA, Wilmington College and other businesses in the area in an attempt to alleviate the parking concerns on Silver Lake Boulevard.

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

Mr. Lambert moved for acceptance of the Safety Advisory Report, seconded by Mr. Leary and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on May 27, 1992 with Chairman Daisey presiding.

Request for Annexation - Joseph and Idella Sudler - 321 College Road

The committee considered a request for annexation of property located at 321 College Road, owned by Joseph and Idella Sudler. The property is comprised of lots #149 and #150 in the College Settlement Subdivision.

The property is currently occupied by a single story dwelling and is zoned RMH (Residential Mobile Home) in Kent County. The surrounding properties already within the corporate limits of the City of Dover are zoned RG-4 and RG-3. In accordance with the Comprehensive Plan, this area should be utilized for Medium Density Residential purposes. The Planning Commission has reviewed the request and recommended a zoning classification of RG-3 (Group Housing).

The committee recommended that an annexation referendum be held for property located at 321 College Road, owned by Joseph and Idella Sudler.

Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

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, within a zoning classification as recommended by the City of Dover Planning Commission.

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

1.That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:

ALL that certain area of land contiguous to the boundary of the City of Dover, lying on the northerly side of County Road #99 known as College Road, being a part of a plot of "The College Settlement Company", recorded in the Office of Recorder of Deeds for Kent County in Deed Record Book E, Volume 18, page 379, and including the following:

ALL of lots #149 and #150, having a total frontage on College Road of 100.04 feet and a distance extending north of College Road of the easterly property of 189.22 feet and a distance along the northerly property line of 100.0 feet and a distance along the westerly property line of 186.23 feet, containing a total area of 0.428 acres of land, more or less.

2.That the election be held on the 16th day of July, 1992 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3.That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4.That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.

ADOPTED: June 8, 1992

Tree Roots/Sidewalk Repairs - 716 N. Governors Avenue

The committee considered a letter from Mrs. Jane Binder, 716 N. Governors Avenue, requesting relief from the costs of a sidewalk assessment that was levied in 1990. She also requested that the current sidewalk assessment policy regarding sidewalks damaged by trees be modified.

The Grounds Superintendent, Mr. William Cooper, has evaluated the tree and determined that it is healthy. In accordance with the current sidewalk policy, the City pays for trimming of tree roots which can cause damage to sidewalks; however, the cost of replacing the sidewalk is the homeowner's responsibility. Since the assessment appeal period has expired, staff recommended that Mrs. Binder's request for relief of the sidewalk assessment be denied.

Mrs. Binder advised members that several years ago she had requested that the tree be removed. Since the tree was never removed and the roots damaged her sidewalk, she protested the sidewalk assessment upon receipt of the notice. Mrs. Binder stated that she has since received another notice advising her that a lien has been placed against her property in the amount of $364 for the sidewalk assessment. She stated that the roots of the tree are causing additional damage to the sidewalk and felt that she should not be responsible for repairing the sidewalk since the City has elected to have the tree remain.

Mr. Daisey requested that staff investigate the possibility of amending the present sidewalk program by taking into consideration those sidewalks that are damaged by trees that are owned by the City.

The committee recommended that staff be authorized to decrease the hardship on Mrs. Binder for the sidewalk assessment by establishing an amiable monthly payment plan; that the Grounds Superintendent re-evaluate the health of the tree damaging the sidewalk in front of 716 N. Governors Avenue; and that staff investigate the possibility of amending the sidewalk program.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.

Delaware State College - Request for Private Wells

The committee considered a request from Kenneth W. Bell, Research Director for the Delaware State College, for permission to utilize two private wells located on the College property in order to institute an aquaculture research and demonstration pond project. The project site lacks water service and the wells would provide a means of supplying the water needed with a negligible impact on Dover's water supply.

In accordance with Section 22-188(a) of the Dover Code, approval must be granted by City Council by adoption of a Resolution. Staff recommended approval of the request for the two private wells on Delaware State College property.

The committee recommended acceptance of staff's recommendation and that a Resolution be presented to Council for adoption. It was stipulated that the water be utilized for educational and agricultural purposes only.

Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Leary and Council adopted the following Resolution by a unanimous roll call vote:

A RESOLUTION APPROVING THE INSTALLATION OF PRIVATE WELLS WITHIN THE CITY LIMITS.

WHEREAS, Section 22-188 of the Dover Code of Ordinances requires the permission of city council by resolution for any well more than one hundred and fifty (150) feet below the surface of the ground within the city; and

WHEREAS, Delaware State College has requested two wells one hundred and eighty (180) feet below the surface of the ground; and

WHEREAS, the requested wells are to be used for the College's aquaculture research/demonstration pond project.

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

1.Delaware State College is granted permission to install two wells one hundred and eighty (180) feet below the surface of the ground. Any additional wells will require the approval of Council prior to installation.

2.Water from these wells shall be used solely for the aquaculture research/demonstration pond project. No connection to any domestic or other supply shall be allowed.

3.Maintenance for these wells shall be the responsibility of Delaware State College.

ADOPTED:June 8, 1992

1992 Street/Stormwater Program

Over the last year, three (3) projects have been proposed for General Obligation Bonds rather than being included in the operating budget, as follows:

1)The annual street, curb, sidewalk, alley and handicap ramp programs were removed from the 1991/92 operating budget so that they would not have an effect on the tax rate. It was proposed during the budget process that these projects be included in a bond issue during the fiscal year. These projects total $376,000.

2)During the early discussions on the bond referendum last year, the Tar Ditch Improvements were deleted to reduce the amount of that bond issue. These projects as well as the Pear Street Ditch project, which was also delayed, total $951,000.

3)Preparation of the 1992/93 operating budget has again eliminated the capital projects and it was proposed that the projects be funded by a bond issue. These projects total $388,600.

Section 50 of the Charter allows the issuance of bonds to finance public storm sewers, streets and appurtenances to be authorized without a referendum vote, by a Resolution adopted by Council, which must have the affirmative vote of three-fourths of the members and the approval of the Mayor, provided the bonds do not exceed the sum of one million dollars. It was originally intended to issue bonds for the 1991/92 street work and the first phase of the Tar Ditch Improvements for a total bond issue of $961,000. During budget preparations, the possibility of including both street programs in this bond issue and including all storm sewer work in a separate bond issue was discussed. Due to the timing of this bond issue, even if both street programs were included, the second half of the program would have to be done in the spring. Staff felt that it would be better to include the 1991/92 street work and the first phase of the Tar Ditch Improvements in a 1992 Bond Issue in the amount of $961,000, and the 1992/93 street work and the remainder of the storm sewer work in a 1993 Bond Issue in the amount of $794,600.

Prior to the issuance of bonds, the matter will be presented to the Legislative and Finance Committee for review and final approval by Council.

The committee recommended approval of the 1992 Street/Stormwater Program totalling $961,000.

Mr. Daisey moved for approval of the committee's recommendation, noting that it will be reviewed by the Legislative and Finance Committee. The motion was seconded by Mr. Salters and unanimously carried.

Delaware Municipal Electric Corp. (DEMEC)

The committee considered a letter from Mr. Albert K. Martin, President of the Delaware Municipal Electric Corporation (DEMEC), inviting the City of Dover to join the Corporation.

There are several advantages to group municipal membership. There are no annual dues required for DEMEC membership, nor are municipal members required to participate in any of DEMEC's programs. Dover has many common interests with the other electric cities in Delaware. By joining DEMEC, these interests could be pooled for the benefit of all, particularly as it pertains to legislative issues and future power supply planning.

The committee recommended that the City of Dover join the Delaware Municipal Electric Corporation (DEMEC).

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

Overhead Electric Wires to Underground City-Wide

One of Council's goals for 1991/92 was to consider the feasibility of placing all of the City's existing overhead power lines underground. The electric service to all new residential, routine commercial and any changes in existing service to this class of customers are required to be underground. With regards to existing overhead electric systems, some systems have been placed underground primarily in the downtown area and some selected residential neighborhoods. It is estimated to cost $75 million for this program. Staff has not worked extensively on this project due to the economy.

Staff recommended that the City utilize underground systems; however, did not recommend an immediate expenditure of $75 million. It was further recommended that the current approach be continued by requiring underground electric wires for all new developments and a regular program to incrementally convert the existing overhead wires.

The committee recommended acceptance of the report and to authorize staff to continue with the current policy on converting overhead electric wires to underground city-wide.

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

Remote Water Meters - New Construction

Feeling that staff should have the capability of reading water meters from the outside, Mr. Lambert requested that staff investigate the feasibility of requiring remote water meters on new construction and that a report be submitted back to the committee.

Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.

FIRST READING - PROPOSED ORDINANCES - 1992/93 BUDGET

Mr. Levitt moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Daisey 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 ordinances will take place during the Council Meeting of June 22, 1992. It was noted that changes may be made to the budget prior to June 22, 1992. All changes will be made to the ordinances prior to their final reading.

Mr. Levitt moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Daisey and unanimously carried:

A. General Fund, Cash Receipts and Budget

B. Contingency Fund (for General Fund), Cash Receipts and Budget

C. Intergovernmental Service Fund, Revenue and Budget

D. Water/Wastewater Fund, Revenue and Budget