REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 23, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Pitts, Salters, Lynn, Weyandt and VanSant. Councilman Levitt was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Dr. R. Jervis Cooke, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved for approval of the agenda as submitted, seconded by Mr. Lynn and unanimously carried.
PRESENTATION OF FIRST PRIZE PLAQUE - ANNUAL TASTE TEST - CHESAPEAKE SECTION OF AMERICAN WATER WORKS ASSOCIATION
The City of Dover received first prize in the Annual Taste Test at the Chesapeake Section of the American Water Work Association Spring Meeting. Mayor Richter and City Manager Worley presented the plaque to Mr. Richard Scrafford, Public Works Director, offering their congratulations.
RESOLUTION - CAPTAIN H. LEE FORD
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, Captain H. Lee Ford has been a faithful employee since March 4, 1970, when he was hired as a Patrolman for the City of Dover Police Department; and
WHEREAS, Captain Ford quickly rose through the ranks of the police force, being promoted to Patrolman First Class in 1974, Detective in 1976, Sergeant in 1982, Lieutenant in 1984, and in 1988 was promoted to Captain of the Administrative Division, also serving as the Public Relations Officer; and
WHEREAS, Captain Ford was a very effective drug officer who served on a special assignment for the Governor’s Task Force as a Drug Investigator; and
WHEREAS, during the last two years, Captain Ford was the leading force in implementing the computerization of the Police Department’s records system as well as parking tickets, whereby in the first six month’s of the program, $21,000 was collected in past due fines; and
WHEREAS, after 20 years of dedicated service, Captain Ford 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 Captain H. Lee Ford 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 City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the long and dedicated service of Captain H. Lee Ford.
ADOPTED: July 23, 1990
Noting that Captain Ford was unable to attend the Council Meeting, Council President Christiansen requested that Chief Hutchison present the Resolution and Dover Cup to Captain Ford on behalf of Mayor and Council.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 9, 1990
The Minutes of the Regular Council Meeting of July 9, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
PROCLAMATION - INTERNATIONAL ORDER OF MASONS AND EASTERN STAR DAYS
Mayor Richter issued the following Proclamation:
WHEREAS, the International Order of Masons and Eastern Star performs many worthwhile endeavors in their service to the public; and
WHEREAS, the International Order of Masons and Eastern Star are holding their National Eastern Jurisdiction Workshop Convention at the Holiday Inn on August 10 - 12, 1990.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the days of August 10 - 12, 1990 as INTERNATIONAL ORDER OF MASONS AND EASTERN STAR DAYS in the City of Dover and extend my sincere welcome and best wishes to all members of the International Order of Masons and Eastern Star. Furthermore, on behalf of the citizens of Dover, I wish to thank the International Order of Masons and Eastern Star for holding their national district workshop convention in Dover and invite them to consider returning in the future.
MONTHLY REPORTS - JUNE
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously approved the following reports for the month of June:
A. Chief of Police Report
B. Building Inspector and Fire Marshal Report
C. City Assessor Report
D. City Alderman Report
E.J.P. Court #7 Report
F. City Manager Report
G. General Fund, Cash Receipts & Budget Report
H. Water/Sewer Fund, Revenue & Budget Report
I. Internal Service Fund, Revenue & Budget Report
J. Electric Revenue Fund, Revenue & Budget Report
K. Improvement and Extension Fund, Cash Receipts & Budget Report
UTILITY COMMITTEE REPORT
The Utility Committee met on July 10, 1990 with Chairman VanSant presiding.
Mr. VanSant moved for approval, under a consent agenda format, of the following actions of the Utility Committee, seconded by Mr. Salters and unanimously carried.
Town of Little Creek - Request for Water
The committee considered a request for water from the Town of Little Creek. Staff made preliminary recommendations, but felt that all details must be considered prior to a final decision.
The committee directed staff to proceed with discussions with the Town of Little Creek to develop an agreement for public water service, for review by the Utility Committee.
Petition to Close Access Road Between Deerfield and Woodmill Village
The committee considered a petition to close the access road between Deerfield and Woodmill Village. The petition was also referred to the Planning Commission for a recommendation.
The Utility Committee tabled action on the request, pending a recommendation for the Planning Commission and additional citizen input.
Status Reports - Public Works and Electric Departments
The committee received reports on several projects in the Public Works and Electric Departments. No action was necessary, although the committee will take action as the projects progress.
The Utility Committee also considered the following items:
Request for Alley Abandonment - 1294 Forrest Avenue - Frank Kulhanek Estate
Property owners at 1294 Forrest Avenue requested that the City abandon a 15 foot alleyway located on the property.
Staff has no concerns regarding the abandonment of the alley, as this is a platted, unopened area. The Public Works Department and the Electric Department do not have utilities located in the alley. Mr. Cregar informed the committee that the alley was annexed in 1988 as an R-8 Single Family Residential area and feels it will have no detrimental affect on the development of the property. The alley runs the full length of other properties although no requests were received to abandon the entire alley area.
The committee recommended that Council approve the request to abandon the 15 foot alleyway as plotted at 1294 Forrest Avenue, pending a recommendation by the Planning Commission and subject to a public hearing. The Committee also recommended that the surrounding property owners be contacted for an opinion on the abandonment of the entire alley.
The Planning Commission recommended abandonment of the alley, with the City retaining an easement for any existing utilities within the right-of-way subject to abandonment. The Planning Commission further recommended that the City pursue the abandonment of the remaining alley west of the Kulhanek property.
Mr. VanSant felt that the entire alley should be considered for abandonment, and moved that a public hearing be scheduled for August 13, 1990 to consider abandonment of the entire alley, seconded by Mr. Salters. Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF 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 favors the vacating and abandoning of the following alley:
ALL that certain piece of parcel of land situated in the City of Dover, Kent County, State of Delaware, said parcel of land being a public alley running east to west, lying on the southeast side of Delaware Route 8, between Independence Boulevard and Kenton Road, and further described as being bounded on the north by lands of Henry & Elsie Heller, and Frank Kulhanek being lots 61, 62, 63, 64, 65, 66 and a portion of lot 67 of Country Club Estates, and being bounded on the south by lands of Henry & Elsie Heller and Frank Kulhanek, being lots 36, 37, 38, and 39 of Country Club Estates, said alley being 15 feet wide and 300 feet long, comprising approximately 4,500 square feet.
Section 2. The Council of the City of Dover will sit on Monday, August 13, 1990, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: July 23, 1990
U.S. Route #113 Water Main Extension Assessment
In conjunction with the 1988-1993 Capital Improvements Plan, approximately 3,022 linear feet of 12-inch water main was installed along U.S. 113 from Lafferty Lane to the north property line of Dover Air Force Base. The final cost of this project was $129,637.42. The City’s oversize cost of this project has been calculated to be $15,521.60 and that $5,311.00 has been set aside for service lines. The remaining $108,804.82 is to be assessed to the property owners.
The committee recommended that an ordinance be enacted providing for a front foot charge of $35.97 to be assessed to the property owners along the east side of U.S. 113 from Lafferty Lane to the north property line of Dover Air Force Base.
Mr. VanSant moved for approval of the committee’s recommendation to adopt an ordinance setting the front foot assessment, seconded by Mr. Lynn and unanimously carried. This constitutes the first reading of the ordinance. Final approval of the ordinance will be considered at the August 13, 1990 Council Meeting.
Request for Olde Oak Condominium - Snow Removal on Private Street
A request was made by owners in Olde Oak Condominiums for the City to provide snow removal on Afton Court. At the time of approval of the project, the developer informed the Planning Commission that, “the condominium concept was decided on so that all open spaces, drives, and parking areas would remain under one private ownership.” This removed the City from all maintenance responsibilities for the road in the project. Staff recommended denial of the request, feeling that approval would open the door for similar requests for maintenance of private streets.
The committee recommended denial of the request for the City to provide snow removal on Afton Court.
Mr. VanSant moved for approval of the committee’s recommendation to deny the request for the City to provide snow removal on Afton Court. The motion was seconded by Mr. Lynn and unanimously carried.
Bid - N. Little Creek Road Water Main
In conjunction with the 1989-1994 Capital Improvements Plan it was proposed to install approximately 3,700 linear feet of 16 inch water main along North Little Creek Road from Acorn Lane to the alley east of Edgehill Shopping Center. The project is designed to increase the transmission of water from the Dover Park Elevated Storage Tank, and eventually the Long Point Road Well Field, into the City’s distribution system. The 1986 Water/Sewer Revenue Bonds included $226,000 for this project.
The low bid was received from Mumford & Miller Concrete, Inc. in the amount of $221,919.50. The engineer’s estimate was $240,000. The committee recommended awarding the contract to Mumford & Miller Concrete, Inc. in the amount of $221,919.50.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent).
Bid - Curb Replacement Program
In conjunction with the 1990-1995 Capital Improvements Plan it was proposed to replace approximately 4,670 linear feet of curb on the streets scheduled to be resurfaced this year.
The low bid was received from Mitten Construction Company in the amount of $79,559. The engineer’s estimate was $87,274. The committee recommended awarding the contract to Mitten Construction Company in the amount of $79,559.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent).
Bid - Street Resurfacing Program
In conjunction with the 1990-1995 Capital Improvements Plan, it was proposed to resurface 10 streets in the summer of 1990. The streets to be paved are as follows:
Hoylake Court Edgemont Avenue
Scioto Court River Road
Ann Avenue Elm Terrace
Rodney Road Lynnhaven Drive
Cecil Street - (Governors to American)
Turner Drive
The low bid was received from Tilcon Delaware in the amount of $175,901.60. The engineer’s estimate was $181,484. The committee recommended awarding the contract to Tilcon Delaware in the amount of $175,901.60.
Mr. Weyandt brought to staff’s attention the need for repaving, or at least patching, of the road leading into Crossgates off of new Burton Road. Mr. Worley stated that if all the budgeted funds are not expended, streets from next year’s prioritized list will be added to this year’s program.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent).
Bid - Route #13 By-Pass - Lafferty Lane Relocation
The Department of Transportation presented the Electric Department with prints of the Lafferty Lane portion of the Route #13 Relief Route. Electric equipment relocation plans have been designed as a contract job.
The low bid was received from Fry Electric in the amount of $45,300. The engineer’s estimate was $50,380. The committee recommended awarding the contract to Fry Electric in the amount of $45,300.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Levitt absent).
Mr. VanSant moved for approval of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 23, 1990 with Chairman Weyandt presiding.
Trust Funds - City of Dove Health Insurance and Workman’s Compensation
The City of Dover converted its health and workman’s compensation insurance programs from conventional coverage to self-insured coverage, effective July 1, 1990. Johnson Administrators was appointed to manage the self-insured group health plan and Rasmussen, Inc. was appointed to manage the self-insured workman’s compensation plan. In accordance with the requirement of a self-insured funding plan, it is necessary for the City to establish trust funds for each plan. The trust funds will manage the money that is received for claims and administrative cost payments. Staff requested approval of resolutions to establish the two trust funds.
In addition to establishing the trust funds, the resolutions also direct that savings from the July1, 1990 conversions, transfer to the trust funds. A savings occurs when converting from a conventional plan to a self-insured plan. Since the 1990-91 operating budget was prepared based on conventional plans, the savings is available for transfer to each trust fund as a buffer for future rate increases.
The committee recommended that Council approve the resolutions establishing the trust funds and directing the savings from the conversion to the trust funds.
Mr. Weyandt moved for approval of the following resolution, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent):
WHEREAS, the City of Dover has adopted a self-insured funding plan to finance employee workers’ compensation coverage and appointed a plan administrator to manage the plan; and
WHEREAS, the self-insured funding plan requires establishment of a trust fund retained and managed by the City of Dover; and
WHEREAS, the trust fund must be managed in accordance with specified requirements;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DOVER does hereby establish a trust fund entitled “City of Dover Workers’ Compensation Insurance Trust Fund” and promulgates the below described requirements be following in the management of same:
1. The trust fund will be used to pay the administrative costs, workers’ compensation related claims and all other legitimate expenses of the self-insured funding plan.
2. The trust fund will not make loans of any form.
3. The idle funds of the trust fund will be invested according to the City’s investment policy as approved by City Council, and all earnings received from such investments will be retained in the fund.
4. The trust fund will be maintained at the proper funding level and in accordance with the rates annually established by the self-insured plan administrator in consultation with the City.
5. The trust fund will be managed in accordance with all applicable local, state and federal laws.
6. The fiscal year of the trust fund will be July 1 to June 30.
7. For the fiscal year 1990-91, premium rate will remain as originally budgeted so as to automatically transfer savings to the trust fund.
ADOPTED: July 23, 1990
Mr. Weyandt moved for approval of the following resolution, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent):
WHEREAS, the City of Dover has adopted a self-insured funding plan to finance employee group health care coverage and appointed a plan administrator to manage the plan; and
WHEREAS, the self-insured funding plan requires establishment of a trust fund retained and managed by the City of Dover; and
WHEREAS, the trust fund must be managed in accordance with specified requirements;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DOVER does hereby establish a trust fund entitled “City of Dover Health Insurance Trust Fund” and promulgates the below described requirements be following in the management of same:
1. The trust fund will be used to pay the administrative costs, health-related claims and all other legitimate expenses of the self-insured funding plan.
2. The trust fund will not make loans of any form.
3. The idle funds of the trust fund will be invested according to the City’s investment policy as approved by City Council, and all earnings received from such investments will be retained in the fund.
4. The trust fund will be maintained at the proper funding level and in accordance with the rates annually established by the self-insured plan administrator in consultation with the City.
5. The trust fund will be managed in accordance with all applicable local, state and federal laws.
6. The fiscal year of the trust fund will be July 1 to June 30.
7. For the fiscal year 1990-91, the difference between the budgeted health care rates and the rates effective July 1, 1990, is approximately $159,000. It is hereby directed that this amount less payment of start-up costs be credited to the Health Insurance Trust Fund and that rates be adjusted accordingly on August 1, 1990. City budgets are to be amended to reflect department costs at the August 1, 1990 rate schedule and the residual amount of $159,000 transferred to the line items on the budget summaries of the General Fund, Water/Sewer Fund and Electric Revenue Fund. This Is a one-time transaction. For the fiscal year 1991-1992 and those thereafter, payments to the trust fund will be based solely on the rate schedule prepared in accordance with the item 4above.
ADOPTED: July 23, 1990
Mr. VanSant moved for acceptance of the Legislative and Finance Committee, seconded by Mr. Lynn and unanimously carried.
APPOINTMENTS
Library Commission
Mayor Richter submitted the name of Wilbur A. Miller to replace Dr. Edward Goate’ on the Library Commission, for a five year term, to expire on June 16, 1995.
Mr. VanSant moved for approval of the appointment, seconded by Mr. Lynn and unanimously carried.
Downtown Dover Development Corporation
Mayor Richter submitted the name of Peter LaVenia to replace Mr. McAllister’s unexpired term on the Downtown Dover Development Corporation. The three year term will expire on April 23, 1991.
Responding to questions by Mr. Lynn, Mrs. Boaman stated that Mr. McAllister has requested that Mr. LaVenia be appointed to serve as the Parking Authority representative on the Downtown Dover Development Corporation.
Mr. Weyandt moved for approval of the appointment, seconded by Mr. Daisey and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Hall) with Mr. Levitt absent.
Mr. Hall explained that since he did not support the motion to establish the Downtown Dover Development Corporation, he could not support the appointment of anyone to the Corporation.
Board of Adjustments - C. Edward Dahn
Mayor Richter requested the reappointment of Mr. C. Edward Dahn to the Board of Adjustments. The three year term will expire in July 1993.
Mr. Lynn moved for approval of the appointment, seconded by Mr. Daisey and unanimously carried.
Silver Lake Commission - Dr. Robert Gorkin and Dr. John C. Stith
Mayor Richter submitted the names of Dr. Robert Gorkin and Dr. John C. Stith to replace Councilman Salters and Mark Blosser on the Silver Lake Commission.
Mr. Salters moved for approval of the appointments, seconded by Mr. Lynn and unanimously carried.
REQUEST FOR DONATION - INNER CITY CULTURAL LEAGUE - STAFF RECOMMENDATION
The Inner City Cultural League requested, from City Council, a donation of $2,000 to hire staff for their softball program. The program serves boys and girls ages nine through fifteen years old. Teams are from Simon Circle, Manchester Square, Whatcoat Apartments, Capitol Green, and downtown-center city. The age level participants and locations of the softball program are the same target group and area that the DECCASA program will be working with once the Designated Implementation Agency has signed a final contract with the Office of Prevention.
Staff recommended that Council deny the request for $2,000 and request that the Designated Implementation Agency for DECCASA include softball as one of the diversion activities for the youth component of the DECCASA Grant.
Mr. Salters stated that the proposed action would assist the Inner City Cultural League for next year’s program. Although Council action would be too late for this season, Mr. Salters stated that private donations have been received and are greatly appreciated.
Mr. VanSant moved for approval of staff’s recommendation, seconded by Mr. Hall and unanimously carried.
BAYTREE SUBDIVISION - AMOUNT OF APPROPRIATION TO PARKLAND RESERVE FUND
During the July 9, 1990 Council meeting, a question was raised concerning the actual amount of the Baytree cash donation in lieu of parkland. Council took action to approve the committee’s recommendations, as follows, stipulating that the cash donation be placed in the Parkland Reserve Fund:
1. That lands shown as public open space be declared private to be maintained by the owner.
2. The developer be given credit for the land shown as open space and the 1.736 +/- acres be subtracted from the five (5) acres preferred in the Subdivision Regulation.
3. The balance of the commitment would be made up as a cash donation in lieu of land. This cash donation shall be equivalent to the appraised value of 10% of the gross land area in the proposed subdivision. The appraised value shall be the fair market value of the land determined as of the date of approval of the subdivision plan. In this case, the developer will make a cash donation of 6% of the gross land area after being give credit for the 1.736 +/- acres of land.
Since the dollar amount of the cash donation was not known at the time of the meeting, Council directed that this information be submitted as soon as possible.
The City Assessor reported, that be researching old assessment records from 1984, he determined that the gross land value for the subdivision at the time was $156,300. Council requested a cash donation of 6% of gross land value, which equates to $9,378.
Mr. Weyandt moved to accept the computation of the cash donation for Baytree, totaling $9,378, and authorizing staff to collect this amount which shall be placed in the Parkland Reserve Fund. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent).
CORRESPONDENCE
Kent County Library System - Appointments to System Startup Committee
The Kent County Levy Court has initiated a Start Up committee to create a County Library System. They requested that City Council appoint the City’s Library Director, a member of City Council, and an appointed official to serve on the committee.
Mr. Weyandt moved to refer the request to Mayor Richter for action, seconded by Mr. Lynn and unanimously carried.
Request to Address Guidelines for Boat Utilization on Silver Lake
A letter was received from Edward Hannigan requesting the opportunity to address the Parks and Recreation Committee relative to the standards for boat utilization on Silver Lake.
Mr. Weyandt moved for referral to the Parks and Recreation Committee, seconded by Mr. Lynn and carried with Mr. VanSant voting no.
Requests for Annexation
A request for annexation was received from Mr. Earl Abbott for property located at 1117 S. Bradford Street.
A request for annexation was also received from Mr. & Mrs. Robert Faries for property located at 1230 Forest Street.
Mr. VanSant moved for referral of the two requests to the Utility Committee and Planning Commission, seconded by Mr. Weyandt and unanimously carried.
Sidewalk Assessments/Installation Appeals
An assessment appeal was received from Mr. James Thistlewood for the replacement of sidewalk at 425 William Street.
Appeals to the requirement to replace new sidewalk were received from Mr. David Bowen for sidewalk he recently installed at 511 N. West Street and from Joseph Greco for sidewalk recently installed at 527 West Street.
Mr. Lynn moved for referral to the Utility Committee, seconded by Mr. Daisey and unanimously carried.
Mr. Salters moved to adjourn into Open Forum, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:20 P.M.
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.
There was no one present wishing to address Council during the Open Forum.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 23, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR