REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 24, 1989 at 7:30 p.m. with ViceMayor Weyandt presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters and VanSant. Mayor Richter was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Emery, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. VanSant requested the addition of a Regular Agenda item #3-A to consider a letter from Brock Berry concerning abandonment of a drive easement. Vice-Mayor Weyandt requested that monthly reports be removed from the consent agenda to allow discussion.
Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 10, 1989
The Minutes of the Regular Council Meeting of July 10, 1989 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. VanSant and bore the written approval of Mayor Richter (with the exception of the portion dealing with reimbursement of expenses for the Elma Wilcutts rezoning).
MONTHLY REPORTS
Referring to the report from the Police Chief, Mr. VanSant questioned the status of a State grant to be divided among police departments for use in drug enforcement. Chief Hutchison stated that the City expects to receive between $70,000 and $85,000 in grant monies. One alternative for use of the monies is earlier hiring of two officers to enhance the City's drug enforcement program. Once all details are known, Chief Hutchison will submit a recommendation to the Legislative and Finance Committee.
On the financial reports, Mr. Weyandt noticed several departmental fund transfers and requested that a report of explanation be submitted to the Legislative and Finance Committee for detailed review.
Mr. Weyandt informed Council that he has requested that the financial report, page 14, be altered to show a beginning balance. This will be accomplished in all future reports.
Mr. VanSant moved for acceptance of the monthly reports for the month of June, seconded by Mr. Lynn and unanimously carried.
DESIGNATION OF WALKWAY/BIKEWAY - WASHINGTON STREET
During the Council Meeting of July 10, 1989, action was tabled on the designation of a walkway/bikeway on Washington Street, to be further considered at the next Council Meeting.
Mr. VanSant moved to remove the matter from the table and for referral to the Safety Advisory Committee for further review by City staff. The motion was seconded by Mrs. Legates and unanimously carried.
1990 CENSUS
The City Planner informed those present that we are approaching the time for work to begin for the 1990 census. He elaborated upon the importance to the City of the accuracy of the census data and introduced Mr. Ronald Story, a Community Awareness Specialist with the Department of Commerce, Bureau of Census.
Mr. Story stressed the importance of total community support and participation in the 1990 census program. The Census Awareness Products Program has devised several components which will encourage community participation. Programs have been devised to promote and train individuals and organizations how to utilize census data through use of community networks involving civic, academic and religious organizations, community based organizations, and public officials.
All activities will focus on April 1, 1990 which will be designated as Census Day. All citizens are encouraged to participate and confidentiality is guaranteed. In the State of Delaware, in excess of 3,000 persons will be hired to work in the 1990 census program.
Mr. Levitt referred to a newspaper article where he read that the Census Bureau is planning a random sampling in July as a census update for a proportionate increase to the April survey in order to achieve a more accurate count.
Mr. Story stated that this method is still under consideration and that a decision will not be rendered until October of 1989.
Mr. Storey noted that all interested parties can reach the Newark office by calling (302) 368-6020. Collect calls are accepted for recruitment inquiries.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 11, 1989 with Chairman VanSant presiding.
Request for Abandonment of Alley Behind Properties on Walker Road - Ed Biter and Charles J'Anthony
A request was received from Mr. Ed Biter and Mr. Charles J'Anthony for abandonment of the unimproved alley that runs behind their properties at 320 and 314 Walker Road. The alley requested to be abandoned is 10' wide and approximately 1401 long.
The committee recommended approval of a resolution to schedule a public hearing to abandon the alley, stipulating that the utility easement be maintained for the entire width and length of the alley and that the adjacent property owners pay all conveyance costs.
Mr. VanSant moved for approval of the committee's recommendation. The motion was seconded by Mr. Hall and 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 or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running east to west, lying on the southerly side of Walker Road between Fairview Avenue and the alley parallel to Fairview Avenue, being 10 feet wide and approximately 142.5 feet in length; comprising 1425 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, August 14, 1989, 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 24, 1989
Tax Exempt Property - Refuse Collection
The committee reviewed a recommendation of the City Solicitor that the City continue its past policy of not billing tax exempt property owners for trash collection fees or expenses so long as we provide this service to taxable real estate owners without fee.
It was recommended by the committee that the matter be referred back to the Solicitor, requesting that he look at the possibility of instituting an ordinance to provide for separate refuse collection billings for all properties within the City.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Christiansen and unanimously carried.
District Heating Proposal
A proposal for consulting services was submitted by Joseph Technology Corporation, Inc. on district heat supply from McKee Run Generating Station to Delaware State College. District heat conserves energy by centralized production and distribution of thermal energy to buildings in the surrounding area. The proposal outlines the steps to be taken to implement the district heating proposal. The committee directed that staff continue to review the proposal and submit a summary and recommendation to the Utility Committee at the next meeting.
Bid - Unit #2 Superheater Replacement
Unit #2 at McKee Run has experienced excessive tube leaks in the superheater area. The leaks are caused by fireside erosion, stemming from a time when units #1 and #2 were fired by coal. The life extension study preliminary report has identified this portion of the boiler as requiring replacement.
The engineer's estimate was $400,000. The tube supplier, Babcock & Wilcox (the sole bidder) bid on a firm price basis of $180,400 for tubes, not to exceed $550,000 on a time and material basis for labor.
The committee recommended approval of the purchase of Unit #2 superheater tubes for a fixed cost of $180,400 and labor to install for a cost plus price not to exceed $550,000 (for a total cost not to exceed $730,400) from Babcock and Wilcox Construction Company of Copley, Ohio; stipulating that a penalty clause be added in the event that the project is not completed within the designated 38 days.
Mr. VanSant moved for approval of staff's recommendation, seconded by Mr. Hall and carried by a unanimous roll call vote.
Schoolview Pump Station Upgrade
In conjunction with the Capital Improvements Plan, it was proposed to upgrade the sanitary sewer pumping station at Schoolview. The project will allow the pumping station to adequately handle the peak flow rates which now cause backups in the system. The sole bid was received from Tudor Electric in the amount of $27,340. The engineer's estimate was $28,600.
The committee recommended that the bid be awarded to Tudor Electric in the amount of $27,340.
Mr. VanSant moved to award the bid to Tudor Electric in the amount of $27,340, seconded by Mr. Hall and carried by a unanimous roll call vote.
Remote Meter Reading
A detailed report was presented to the Utility Committee on remote meter reading by use of a hand held computer. The remote meter reading system would restructure the City's meter reading functions, combining the reading of water and electric meters at the same time by one employee. In discussing the concept of the system, committee members posed questions on computer capabilities and the effect the system would have on departmental jurisdiction of the involved employees. Noting the complexity of the report, the detailed financial analysis, and unanswered questions of committee members, the committee deferred action to allow time for full review by staff and Council.
Lift Stations - Auxiliary Power
Committee members referred to a recent incident where the City experienced a total power loss, and asked if auxiliary power is available for the City's lift stations. Public Works Director, Richard Scrafford, advised that auxiliary power is available for support of only remote substations during isolated power outages. The generator would permit pumping to an operable station. This would not be beneficial in a total outage situation. The committee took no further action.
Mr. VanSant moved for approval of the Utility Committee Report, seconded by Mr. Christiansen and unanimously carried.
MAYOR JOHN E. RICHTER VETO - REIMBURSEMENT OF EXPENSES FOR REZONING OF WILCUTTS PROPERTY
Mayor John E. Richter exercised his power of veto relative to action taken during the July 10, 1989 Council Meeting for reimbursement of $3,500 to Mrs. Elma Wilcutts in the rezoning of her property located on Horsepond Road. In a letter directed to the City Clerk, Mayor Richter stated the following:
"The City should not reimburse for legal fees. Legal representation was strictly the choice of Elma Wilcutts. The City solicitor has fully investigated the matter of the Wilcutts rezoning and concluded that the City made no procedural errors when rezoning this property from R-20 to IPM zoning. With these facts in mind, I have exercised my power of veto and hereby direct that you notify members of Council of this action for their consideration during the Regular Meeting of July 24, 1989."
Responding to a question by Mr. VanSant, Mr. Rodriguez stated that a 2/3 majority vote (six votes) is necessary to re-affirm the previous motion.
A directive was given to City staff by the Planning Commission and City Council to send certified letters to all property owners that would be affected by a change in zoning in accordance with the adoption of the Comprehensive Plan.
Mr. VanSant reiterated that for some reason, staff did not comply with this directive. Based upon this omission by the City, Mr. VanSant stated his feeling that the request for reimbursement of a portion of expenses by Mrs. Wilcutts is very unique and should be approved.
Mr. VanSant moved to reaffirm previous action for approval of a reimbursement of $3,500 to Mrs. Elma Wilcutts for expenses incurred in the rezoning of her property located on Horsepond Road, stipulating that this action is not an indication of non-compliance of Code requirements by the City, but rather is considered a very unique rezoning situation, and this action should in no way be considered as an established precedent by the City. The motion was seconded by Mr. Christiansen.
Mr. Daisey agreed with the Solicitor that all legal requirements were met. He stated, however, that there are many things that are legally correct but morally wrong. It was feeling that the case of the Wilcutts property rezoning falls into this category and therefore supports the motion for reimbursement of funds.
Questioned by Mr. Lynn, the City Solicitor stated that the directive to send certified letters was not a legal requirement and reiterated that all legal requirements were met by the City in the adoption of the Comprehensive Plan.
Responding to questions by Mr. Lynn, Mr. Cregar stated that it was the Planner's recommendation that the Wilcutts property not be rezoned to its former zoning, although the Planning Commission recommended approval.
Mr. Lynn stated that based upon the actions of Council or staff, Mrs. Wilcutts was given the impression that she would need legal consultation in order to rectify the zoning difficulties she encountered when attempting to have the zoning of her property returned to its former zoning classification. Feeling that Mrs. Wilcutts had no other alternative, Mr. Lynn stated that he supported the motion for reimbursement of a portion of her expenses.
Although he feels that the original rezoning was handled correctly by staff and Council, Mr. Levitt stated that this case goes beyond normal circumstances and that he therefore will support the motion.
Mr. Salters stated that perhaps staff was socially or ethically remiss in not following Council's directive but legally, an error was not made. In his opinion, to not uphold the Mayor's veto will set a precedent that will affect the City for many years to come. Based upon this opinion, Mr. Salters stated that he fully supports the Mayor's veto.
Mr. Christiansen called for the question on the motion. By a roll call vote of six (6) yes, three (3) no (Mrs. Legates, Mr. Salters and Mr. Weyandt), the motion to re-affirm previous Council action was approved.
CORRESPONDENCE
Request for Abandonment of 16' Wide Drive Easement - Brock Berry
Mr. Brock Berry of 1174 Madison Avenue, in a letter to Councilman VanSant, requested abandonment of an improved 16' wide Drive Easement in Presidential Courts that is not presently being used. Mr. VanSant moved for referral to the Planning Commission and the Utility Committee for review, seconded by Mr. Levitt and unanimously carried.
Mr. VanSant moved to adjourn into executive session to discuss personnel matters at the close of the open forum, seconded by Mr. Levitt and unanimously carried.
OPEN FORUM
Vice-Mayor Weyandt declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ruth Tee - 822 Whiteoak Road
Ms. Ruth Tee of 822 Whiteoak Road relayed concerns relative to refuse pickup, stating that she has observed times when refuse is left behind by the City crews. She complimented the City Planner, stating that he returns her calls and attempts to handle her complaints.
Signs have not been posted in Edgehill prohibiting truck traffic and she requested that the Police Department take this action as soon as possible.
Ms. Tee requested increased police surveillance in the Edgehill area, particularly in the area behind the Adult Book Store. She also requested that members of Council take the time to ride through this area to observe the problems that occur.
Meeting Adjourned at 8:30 P.M.
DEBRA J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 24, 1989, are hereby approved.
JOHN E. RICHTER
MAYOR
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