REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 26, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Mr. Karia, Mrs. Green and Solicitor Rodriguez.
The invocation was given by the Reverend J. H. Williams, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested the addition of a letter from Mr. Larry Brokenbrough as item #10-C. Mr. VanSAnt requested an additional item to the Utility Committee Report, entitled “Constitution Place”.
Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. VanSant, and unanimously carried.
PROCLAMATION -HALLOWEEN/TRICK-OR-TREAT
The Assistant City Clerk read the following Proclamation into the record:
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 Monday, October 31, 1988 between the hours of 6:00 p.m. and 9:00 p.m.
NOW, THEREFORE, I, JOHN E. RICHTER, 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, 1988 between the hours of 6:00 p.m. and 9:00 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.
PROCLAMATION -COLONIAL HERITAGE WEEK
The Assistant City Clerk read the following Proclamation into the record:
WHEREAS, The Delaware Society of Colonial Dames membership is comprised of descendants of the country’s earliest landowners and public office holders; and
WHEREAS, by preserving historical sites and Colonial records, offering scholarships in American History and in medicine for American Indian students, the State and National Society of Colonial Dames XVII Century are stimulating public interest in the XVII Century and Colonial American; and
WHEREAS, it is fitting that Delawareans recognize the importance of this era of our country’s heritage; and
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do proclaim October 2-8, 1988 as the fifth annual COLONIAL HERITAGE WEEK in Dover and encourage its support and observance throughout the City as a means of gaining public interest in the historic, patriotic, cultural and educational aspects of that most significant era in the formation of our great nation.
Mayor Richter presented the proclamation to Bernice Jackson and Gladys Donovan on behalf of the Delaware Society of Colonial Dames membership.:
RESOLUTION - PUBLIC POWER WEEK
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, we, the citizens of Dover, are proud of our choice to operate a community-owned, not-for-profit electric utility; and
WHEREAS, we, the citizens of Dover are both consumers and owners of our public power system; and
WHEREAS, the City of Dover Electric Utility provides our homes, businesses, farms, social service and local government agencies with reliable, efficient, and cost-effective electricity employing sound business practices designed to ensure the best possible service at the lowest possible rates; and
WHEREAS, public ownership of the City of Dover Electric Utility assures not-for-profit electric rates and citizen participation in electric utility operations and policies.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The week of October 9-15 be designated Public Power Week in the City of Dover, in order to honor the utility, its employees, and its consumer-owners who work together to provide the best possible electric service.
2. That the City of Dover joins hands with others served by locally owned and operated electric systems in a nationwide celebration of the public benefits of public power.
3. All the Citizens of Dover are invited to join us in this week’s national celebration of the benefits of locally owned and locally controlled public power. The Mayor and Council invite the Citizens of Dover to an open house to be held in their honor at the offices and power plant of the City of Dover Electric Department. The open house will take place on October 15th between the hours of 10:00 A.M. to 2:00 P.M. on Buttner Place just off Walker Road.
4. The Mayor and Council hereby directs the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: September 26, 1988
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 12, 1988
The Minutes of the Regular Council Meeting of September 12, 1988 were unanimously approved by motion of Mr. Hall, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
MONTHLY REPORTS -
Responding to questions of Mr. Christiansen, Mr. Roe stated that notices of condemnation have been sent to Solicitor Rodriguez’ Office for search of liens, mortgages, etc. at the Recorder of Deeds Office. One the information is received, the properties listed for condemnation will be posted.
By motion of Mr. VanSant, seconded by Mr. Christiansen, Council unanimously adopted the following reports for the month of July:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Parking Fund, Cash Receipts & Budget Report
REGULAR COUNCIL MEETING OF OCTOBER 10, 1988 - HOLIDAY
The Regular Council Meeting of October 10, 1988 falls on the legal Columbus Day holiday. Mayor Richter requested Council’s wished relative to holding the Council Meeting.
Mr. VanSant stated that Council has approved a series of holidays for City employees. Although members of Council would have no problem attending the scheduled meeting, it was his opinion that Council should maintain the scheduled holidays for staff.
Mayor Richter suggested that employees who are required to attend meetings on legal holidays be compensated by allowing them to take another day off of their choice.
Mr. Weyandt suggested that the Regular Council Meeting of October 10, 1988 be held as scheduled.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 13, 1988 with Chairman VanSant presiding.
Concern of Puncheon Run Drainage - Robert Sadusky
A letter was received from Mr. Robert Sadusky and the residents living along Puncheon Run expressing concerns relative to the Puncheon Run drainage channel. The residents’ back yards have been in a flood plain for 10 years. The letter included suggestions that the residents feel would improve the drainage.
Staff had informed the committee that correspondence has flowed between the City, State and the residents along Puncheon Run for several years.
The committee considered staff’s recommendations to help improve the current situation, as follows:
1. The rip-rap is a result of the construction of the Pump Station. It is needed to stabilize the bank in that area. The stones have been moved and need to be restored to their original location. Their present location has caused a silt island to form in the stream bed which was not their purpose. Re-establishing them to their proper position on the bank is scheduled for this month.
2. The cleaning of the culvert by the State of Delaware will begin as soon as the stream bed cleaning is completed by the City.
3. The tree on Mr. Reed’s property has been cut and the stump will be removed as soon as the ground on the south side of the stream dries out enough for our equipment to go on it. Mr. Kelly has given permission for this work.
4. The dam will be removed in conjunction with the work on the rip-rap.
5. Mr. Sadusky’s suggestion to eliminate the bend behind the telephone company lot by re-routing the stream be was an alternative discussed at Joint Permit Processing meetings held by DNREC prior to 1984. These alternatives resulted in DNREC holding in abeyance DELDOT’s permit application to the Corps of Engineers for permission to perform work on the Puncheon Run in the vicinity of Governor’s Avenue. Within the next two months, according to Bill Scarborough, Design Engineer for the Division of Highways, the State will address the permitting section for further discussion on the subject of stream alignment.
Referring to item #5, Mr. VanSant reported that the elimination of the bend behind the telephone company lot does not look like it will be approved by DNREC due to the impact of the ecology of the area.
The committee was reminded that downstream improvements are planned by the State by improving the capacity of the culverts under State Street and Route #13. However, realignment plans depend upon permit approvals from the Corps of Engineers and DNREC.
Mr. VanSant stated that the required approvals, for many of the improvements suggested, are far beyond that of City Council.
It was the committee’s recommendation that the first four suggestions made by staff be approved.
Mr. VanSant moved for approval of the following suggestions:
1. The rip-rap is a result of the construction of the Pump Station. It is needed to stabilize the bank in that area. The stones have been moved and need to be restored to their original location. Their present location has cause a silt island to form in the stream bed which was not their purpose. Re-establishing them to their proper position on the bank us scheduled for this month.
2. The cleaning of the culvert by the State of Delaware will begin as soon as the stream bed cleaning is completed by the City.
3. The tree on Mr. Reed’s property has been cut and the stump will be removed as soon as the ground on the south side of the stream dries out enough for our equipment to go on it. Mr. Kelly has given permission for this work.
4. The dam will be removed in conjunction with the work on the rip-rap.
The motion was seconded by Mr. Christiansen and unanimously carried.
Request to Erect Awning - W. T. Smithers Restaurant
A request for permission to erect an awning in front of the W. T. Smithers Restaurant at 140 S. State Street was considered by the committee.
The City Planner explained to the committee that the awning would be placed on the City of Dover right-of-way, within three feet of the street. Also, the awning contains printing which would violate the sign ordinance and would require a variance by the Board of Adjustment.
Mr. Paul Fleming and Mr. George Geyer, representing W. T. Smithers Restaurant, were present at the meeting and stated their opinion that the awning would enhance the appearance of the restaurant and work aesthetically in concert with the City’s downtown renovation efforts. Mr. Fleming explained that the awning requested is similar to the awning at Class Mens Store. He assured the committee that the awning would not interfere with or impede pedestrian traffic.
Mr. VanSant stated that the committee raised concerns in approving this request, feeling that approval of the awning would set a precedent for other businesses in this area. To avoid the possibility of setting a precedent, the committee suggested that future requests be reviewed on an individual basis, with detailed review and recommendation by the Planner. Mr. VanSant also reported that the committee was mainly concerned with the potential liability to the City by allowing construction of the awning on the City’s right-of-way.
After much discussion relative to possible City liability, the committee recommended that the matter be reviewed by the City Solicitor regarding the potential liability on the part of the City if the request were approved, including review of the printing on the awning to determine if it would violate the sign ordinance.
Mr. VanSant informed members of Council that he has received a response back from the City Solicitor and that the request will be re-considered during the Utility Committee meeting of October 11, 1988.
Report by City Staff - Storer Cable Communication - Transfer of Franchise
The City has been asked to consent to a change in the ownership structure under the terms of our franchise agreement with General Television, Inc. The Utility Committee held a Council public hearing and requested that Councilman Levitt and the City Manager meet with representatives of Comcast to ascertain what assurances could be incorporated in the transfer document to protect the interests of the citizens of Dover.
The committee was informed that, after meeting with representatives of Comcast, the City Manager and Mr. Levitt recommended approval of two separate documents. The first document is a formal amendment to the franchise agreement. This amendment provides for language, which has been agreed to by all parties, to picture quality, rates, and service throughout the city limits. The second document is a resolution granting consent and approval to the change in ownership of the grantee of the Cable Television franchise.
Referring to the “Amendment to Franchise Agreement”, Mr. VanSant stated that on page two, #4 - Rates, the word “acquisition” should be “transaction”.
Mr. VanSant moved to amend the “Amendment to the Franchise Agreement”, by striking the word “acquisition” and replacing is with the word “transaction”, seconded by Mr. Weyandt.
By question of Mr. Christiansen, Mr. VanSant stated that there was much discussion at the meeting concerning the language to provide a guarantee that rates would not change as a direct result of this transaction. General Television, Inc. could not state that the rates would not change at all due to the market conditions.
Responding, Mr. Levitt stated that the market place, competition, consumer price index, movie rentals, etc. will determine what the rates will be; however, according to the Amendment, rates will not increase due to this particular transaction.
On a call for the question by Mr. VanSant, the correction to the “Amendment to the Franchise Agreement” (striking the word “acquisition” and replacing it with the word “transaction”) was unanimously carried.
Mr. VanSant moved for approval of the “Amendment to the Franchise Agreement”, as amended, seconded by Mr. Christiansen. By a unanimous roll call vote, Council adopted the following Agreement:
AMENDMENT TO FRANCHISE AGREEMENT
This Amendment to Franchise Agreement made and entered into this 26th day of September, A.D., 1988, between the City of Dover, a municipal corporation of the State of Delaware (hereinafter referred to as “The City”); and General Television, Inc., a Delaware corporation, thereinafter referred to as “Storer.”
WITNESSETH
WHEREAS, The City and Delaware Teleservice, Inc., entered into a Franchise Agreement for Delaware Teleservice, Inc., to provide cable television services within the City limits, said original Agreement being dated June 23, 1964; and
WHEREAS, The City and Delaware Teleservice, Inc., subsequently entered into an amendment to the original Franchise Agreement, said Amendment being dated November 24, 1975; and
WHEREAS, Delaware Teleservice, Inc., subsequently transferred its business and assets to Storer, and Storer was substituted as a party to the original Franchise Agreement and the two Amendments; and
WHEREAS, The City and Storer entered into a third Amendment to the original Franchise Agreement, said Amendment being dated June 27, 1983, which incorporated all of the terms and conditions, unless consistent, of the original Agreement and the two earlier Amendments, along with that information incorporated in the third Amendment; and
WHEREAS, The City and Storer entered into a fourth Amendment to the original Franchise Agreement, said Amendment being dated July 1, 1985, which incorporated all of the terms and conditions unless inconsistent, of the original agreement and the three earlier Amendments, along with that information incorporated in the fourth Agreement; and
WHEREAS, The City and Storer desire to enter into a fifth Amendment to the original Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein and set forth in the original Franchise Agreement and the Amendments thereto previously entered into between The City and Delaware Teleservice, Inc., which Storer has assumed, the paries hereto agree as follows:
1. Channel Capacity. The franchise holder assures that they have no intention of reducing the current channel capacity of the system.
2. Local Programming. The franchise holder recognizes that locally originated programming, such as coverage of the City Council is a valuable community service to the residents of Dover and support its continuation at no cost to the City.
3. Picture Quality. The franchise holder will meet or exceed the Federal Communications Commission’s technical standards now in effect, including the Cumulative Leakage Index Standard which goes into effect in July 1990 and which requires a quarterly plant maintenance program.
4. Rates. Rates to subscribers will not increase due to the cost of this transaction. Rates may, however, change as a result of changing market conditions and other factors.
5. Line Extension Policy. To insure that service is available to all residents of the City of Dover, the franchise holder intends to implement a “line extension policy” outlined below:
A. Service to be Provided Throughout Municipal Limits.
Storer shall provide cable communications service throughout the entire municipal limits of the City (as they may now or hereafter exist) where there are at least 40 homes or more per plant mile. In those areas which do not have such density, service will be made available on a cost-sharing basis with the affected residents as determined by the following formula.
B. Line Extension Formula.
1. Upon the request of any potential subscriber desiring service, a feasibility study shall be made to determine the cost of plant extension required to provide service to the subscriber from the closest point where available quality signals exist.
2. A pro rata portion of the cost of construction and installation shall be equally divided among all persons who become subscribers as a result of the line extension. Such amount shall be equally divided among all persons who become subscribers as a result of the line extension. These contributions will be refunded to the subscriber if the 40 homes or more per plant mile standard is achieved within three years.
3. During the three-year period following the commencement of service within such extension area, if additional persons within such extension area choose to subscribe to Storer’s service, such persons shall be assessed a pro rata portion of the original total amount of the shared construction assessed against the original customers of the extension area and appropriate pro rata refunds of such additional contributions shall be made to the original subscribers within 90 days of the annual anniversaries of the extension area’s service commencement and appropriate prorated refunds shall be made out of such additional contributions and refunded to the original customers.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
THE CITY OF DOVER
By: ___________________________________
JOHN E. RICHTER, Mayor
Attest: ___________________________________
DEBRAH J. BITTNER, City Clerk
GENERAL TELEVISION, INC.
By: ___________________________________
Mr. VanSant moved for approval of the Resolution, granting consent to the change of ownership of the Grantee, seconded by Mr. Weyandt.
By request of Mr. Hall, the Assistant City Clerk read the Resolution into the record.
By a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION OF THE CITY OF DOVER, DELAWARE, GRANTING CONSENT AND APPROVAL TO CHANGES IN OWNERSHIP OF THE GRANTEE OF THE CABLE TELEVISION FRANCHISE FOR DOVER, DELAWARE.
WHEREAS, General Television, Inc. (the “Grantee”) has been granted authorization to construct, operate, maintain, and provide cable television services (the “Franchise”);
WHEREAS, the Grantee is indirectly controlled by SCI Holdings, Inc. (“Holdings”);
WHEREAS, an agreement has been signed whereby the stock of Holdings will be transferred to an affiliate(s) of Comcast Corporation and to an affiliate(s) of Tele-Communications, Inc.;
WHEREAS, Storer Communications, Inc. (“Storer”), a Delaware corporation wholly owned by Holidays, indirectly controls the Grantee through Storer’s subsidiaries, SCI 10, Inc., SCI 12, Inc., and SCT 13, Inc., which subsidiaries own all the stock of the Grantee;
WHEREAS, the Grantee has requested consent to be held by the Grantee; and
WHEREAS, the Franchise will continue to be held by the Grantee; and
WHEREAS, the interests of the citizens of the City are best served by the adoption of the Resolution set forth herein;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Dover, Delaware hereby consent to, ratify and approve the transfer of the stock of Holdings in the manner described above and the ownership and control of the Grantee as described above.
ADOPTED: September 26, 1988
Quarterly Fuel Adjustment Review
The City reviews its fuel adjustment projects at least quarterly and modifies its fuel adjustment in December on a level-ized basis for the next calendar year.
The 1988 fuel adjustment was set at -$0.00081, based on a fuel cost of 40 cents per gallon for the year. During the first seven months of the year, the price of oil has remained below the projected costs. The cumulative fuel fund total at the end of July was $1,411,667.74 above the estimated fund total for this period. The price of oil dropped to a low of 33.6 cents a gallon in March, with two price increases since then, with the latest increase in May, for a total of 35.6 cents par gallon. If the fuel fund continues to grow at the same average rate as it has for the past seven months, the fund balance would be projected at 2.4 million by the end of December 1988.
The committee was advised that if the variables continue as projected, there could [possibly be a fuel adjustment reduction on January 1, 1989. Consideration of this would take place in December.
The committee suggested that staff continue to monitor the status of the Fuel Adjustment Fund for possible action in December by the committee.
Unit #3 Vibration Specialist
Staff reported to the committee that the new burners in Unit #3 are still causing some vibration which prevents proper tuning of the burners and limits output to approximately 93 MW Net, although output should reach 102 MW. After a considerable amount of research and work by Riley, some of the problems have been eliminated, however, the boiler still vibrates when exceeding 93 MW.
Proposals were received from Stone & Webster and Riley. Since neither firm has been able to solve the problem, staff has looked for a consultant with a good reputation with dealing with similar problems. Nels Consulting Services, Inc. is a specialist in this field and have been successful in solving other boiler vibration problems. They have been recommended to the City by SWEC and Gilbert Associates.
The committee was advised that if the vibration problem is not solved, then the output is limited to 93 MW instead of the necessary 102 MW. This is an unacceptable alternative as it would cpost the City millions of dollars, and on a long term basis, the City would have insufficient capacity on a peak day.
Staff had reported that the City is holding approximately $25,000 from payments for engineering and $59,000 from Forney until the problem is resolved. It was noted that engineering companies will not guarantee the results of their review unless the City is willing to pay exorbitant amounts of money for the guarantee due to the complexity of the various possible causes.
After discussing the matter at length, the committee recommended that staff be authorized to contract with Nels Consulting Services, Inc., on a time and material basis, for a fee not to exceed $28,000.
Mr. VanSant moved for approval of the committee’s recommendation authorizing staff to contract with Nels Consulting Services, Inc., on a time and material basis, for a fee not to exceed $28,000. The motion was seconded by Mr. Christiansen and unanimously carried.
Public Power Week Activities
The American Public Power Association is sponsoring a notional week of recognition for the 2,204 publicly owned electric utilities in the United States. The purpose is to call attention to the contribution that these utilities make to their communities.
The Electric Department has participated in the previous Public Power Week on a limited basis only. This year, the City is attempting to expand the level of participation by increasing the public’s awareness of Public Power and the role that it plays in their lives. It is staff’s feeling that this would create a better understanding and support for the Electric Department.
During the past few months, decisions will be made concerning future power supply. It is the City’s opinion that Public Power Week offers an excellent opportunity for citizens of Dover to understand the significance of the long term plans.
The committee was informed that the Open House by the Electric Department and other activities to take place from October 10-15, 1988, includes an invitation to Governor Castle and State of Delaware legislators.
Mr. VanSant thanked Members of Council for adopting the Resolution on Public Power Week.
Discussion on Mechanized Trash
The committee considered petitions and letters received by members of Council regarding the City’s policy on mechanized trash collection containers. These citizens have expressed their desire for the individual 90 gallon container and do not wish to test the larger containers.
The present policy set b Council requires that all citizens living in areas that have alleys behind their homes and were not participants in the test program, utilize 330 gallon containers in their alley for a trial basis. The residents will be polled after 90 days to determine if they wish to continue use of the 330 gallon containers, or if they wish to utilize the smaller, 90 gallon container.
Staff advised the committee that, although citizens were originally opposed to the use of the large container, after testing the container during the City’s test program, most residents chose to continue use of the larger container.
Mr. VanSant explained that T-alleys are considered separately, with some residents utilizing 90 gallon containers since the trash since the trash vehicle has insufficient room for the mechanized arm lift.
Mr. VanSant reported that the committee discussed these concerns at length and felt that a lot of the problems will be resolved once the test period is over. It was suggested, however, that the time of the test period be reduced to 60 days.
Mr. VanSant moved that the policy be modified, requiring 60 days of utilization of the 330 gallon container by residents having alleys behind their homes. At the end of the 60 day trial period, residents will be polled and the size of the container to be used after the 60 day trial period will be determined by the wishes of the majority of residents served in the alley. The motion was seconded by Mr. Daisey.
By question of Mr. Weyandt, Mr. Bartolotta stated that most of the 90 gallon containers are in use. The unserved sections are those residents with alleys, which are being handled 60 days at a time. Mr. Bartolotta stated that it is the City’s intentions for the mechanized system to be fully implemented by July 1, 1989, and that all residential users will be served prior to that.
Mr. Hall stated that he had not anticipated the objections to the large containers. He stated his opinion that it would be more expedient and to the City’s advantage of the polling was done prior to the placement of the containers.
Mr. Bartolotta stated that judgement should not be based on anticipation, reiterating that the sentiment towards the large containers seems to change once they are utilized.
Mayor Richter stated that when Council first approved the system, the 330 gallon containers were eliminated. He stated that those who were utilizing the 330 gallon containers during the test period questioned why they couldn’t continue to utilize them. Mayor Richter stated that Council made a judgment based on initial expectation. It is his opinion that the City should enable all residents with trash pick up in alleys to test the 330 gallon containers so that their own determination can be established.
Mr. Hall stated that he is reluctant to require residents to try anything when there is an overwhelming negative response.
Responding to Mr. Christiansen’s questions, Mr. Bartolotta stated that half of the residents that have tried the 330 gallon containers have elected to continue utilizing them. However, the initial response from these residents were negative and that it was only after the trial period that they changed their opinions.
Mr. VanSant stated that no resident is committed to the 330 gallon container, they will be supplied with a 90 gallon container.
Reiterating, Mr. Levitt stated that eventually all residents will have their choice of the 330, 90 or even a 45 gallon container. This test period is a transition period so that City staff can adequately supply the residents with their choice of container. No resident will be required to utilize a container they do not want.
On a call for the question, the motion to modify the policy, requiring 60 days of utilization of the 330 gallon container by residents having alleys behind their homes, was carried with Mr. Hall voting no.
Constitution Place
With the opening of Phase I at Constitution Place, Mr. VanSant suggested that Council allow staff to estimate the costs to complete work around the “loop” of The Green, as Phase II. He stated that it is his understanding that there is a time frame which would allow the City to keep the same unit prices, thus, saving the City utility costs. Since work is already in that area and the replacement of the water and sewer lines are necessary, he requested that staff report their findings at the October Utility Committee meeting.
Relative to the sidewalk around the “loop” of The Green and noting the right-of-way adjoins those buildings, Mr. VanSant also requested that staff research the potential of shared costs with the State of Delaware.
Mr. VanSant stated that he is only requesting that figures be brought to the committee and that no other request is being made at this time.
Mr. VanSant moved that staff be authorized to research the costs involved as requested for a report during the October Utility Committee meeting. The motion was seconded by Mr. Christiansen and carried with Mr. Weyandt voting no.
Mr. VanSant moved to accept the Utility Committee report as submitted, seconded by Mr. Lynn and unanimously carried.
CORRESPONDENCE
Awards Luncheon and Forum - Church Women United - Housing: Privilege or Right?
A newsletter was received from Church Women United informing that an awards luncheon and forum has been scheduled for Saturday, October 1, 1988 at the Sheraton Inn and is open to the general public. Lunch will begin at 11:30 a.m., followed by the Public Forum at 12:30 p.m. Topic of the Forum is “Housing: Privilege or Right?”
Mr. VanSant stated his feeling that this is a super program and although he will be away, he hopes that there will be attendance from Council.
Officer of Auditor of Accounts - Standards for Audit of Governmental Organizations, Programs, Activities and Functions
A letter was received from Milton J. Steltz, Jr., Field Audit Manager for the Office of Auditor of Accounts thanking the City for courtesies extended during the 1987 special examination they conducted on the City of Dover. This special examination was to determine whether or not employees were paid from more than one tax-funded source for working coincident hours of the day while serving in an elected or paid appointed position.
They also informed the City that no conditions were detected that resulted in findings or recommendations.
Mr. VanSant moved to acknowledge receipt, seconded by Mr. Christiansen and unanimously carried.
Larry Brokenbrough, Kirkwood Street Educational, Recreational and Development Committee, Inc.
A statement of community commitment was received from Mr. Larry Brokenbrough and other officers from the Kirkwood Street Educational, Recreational and Development Committee, Inc. The letter explained what this group of volunteers have been doing to improve the community and listed their findings for consideration.
Mr. Weyandt moved for referral to the Parks and Recreation Committee and the Legislative and Finance Committee, seconded by Mr. Daisey and unanimously carried.
Mr. Christiansen moved for adjournment into the Open Forum, seconded by Mr. VanSant and unanimously carried
Meeting Adjourned at 8:40 P.M.
OPEN FORUM
John Kernan - 135 Janes Road
Mr. John Kernan of 135 Janes Road addressed Council on behalf of his neighbor Mrs. Emma Wilcutts. He stated that during discussions on the infectious incinerator, it was brought to his attention that Mrs. Wilcutts’ property had been rezoned into the industrial park manufacturing plan without her knowledge.
He has been informed that the rezoning was done legally by standards of the law as the code is now written.
Mrs. Wilcutts’ property is located on Horsepond Road, which was annexed into the City at the same time as Dover Brook Gardens, approximately 15 years ago.
Mr. Kernan informed Council that: “according to the rand Father Clause, all properties in existence at the time of annexation remains as is for its entirety. However, Mrs. Wilcutts’ property was rezoned from a County Residential Zone to a City Zoning of R-20, and was later rezoned to IPM (Industrial Park Manufacturing). This rezoning took away a 200' easement that she was allotted and brought it into 40' of her property line, which is only 80' total. He stated that on one side her house, there is only 40' from the property line.”
Mr. Kernan stated that the proposed infectious incinerator was planned to be placed adjacent to Mrs. Wilcutts’ property. He stated that Mrs. Wilcutts’ property has an estimated value of $200,000, at this time. However, if the infectious incinerator were to be approved, her property would diminish in value.
Mr. Kernan stated that he has spoken to members of the Zoning Board of Adjustment and that the members recognized that was has happened to Mrs. Wilcutts is unfair, but have expressed that nothing can be done. Mr. Kernan is questioning Mrs. Wilcutts justice, further stating that he is not implying that the City or State has done anything illegal, but that a mistake has been made that needs to be rectified.
By question of Mr. Weyandt, Mr. Kernan stated that Mrs. Wilcutts’ property consists of 3.5 acres.
Referring to the legality of spot zoning, it is Mr. Kernan’s feeling that Mrs. Wilcutts’ property was spot zoned and that the City of Dover did not realize that her property existed. He stated that when the sewer services were extended to Dover Brook Gardens, Mrs. Wilcutts’ property was inadvertently excluded. She received a letter of apology from Mr. Braun of the Public Works Department.
Mr. Kernan also requested that Council consider amending the Comprehensive Plan, Section 2-8. He stated that it reads “in the area of South Little Creek Road and Horsepond Road, where flight paths from air operations at Dover Air Force Base discourage residential development”. He informed Council that his neighborhood was originally developed for residents of Dover Air Force Base. Mr. Kernan stated that he has contacted Dover Air Force Base Operations, questioned the flight path in this area, and was informed that the development is not in a flight path nor have they ever been. Mr. Kernan reported that the concern of Dover Air Force Base is the noise factor in that area, however, he has been informed that a new study is forthcoming in January reporting that the noise factor has decreased.
Referring to the Open Forum Segment at the end of each Council meeting, Mr. Kernan recommended that Council continue with the 15 minute open forum for the public.
Frances Maciarello, 330 Gallon Containers
Mrs. Frances Maciarello of 1117 Charles Drive, representing residents of Charles and Yearsley Drives, presented to Council a petition signed by these residents who protest the use of the 330 gallon containers to be shared by multiple families.
Mrs. Maciarello stated that the residents have been informed by the City that the 330 gallon containers must be utilized on a trial basis. She stated that the signatures are inclusive of all residents, but one, that feel that no trial is necessary and is requesting the individual containers be supplied.
Mrs. Maciarello stated her feelings that residents who have alleys behind their homes are being discriminated against and is requesting Council to reconsider.
C. Edward Dahn - 1119 Charles Drive
Mr. C. Edward Dahn of 1119 Charles Drive stated that he was the one Mrs. Maciarello referred to who abstained from signing the petition.
Mr. Dahn informed Council that these residents are upset because someone had informed them that once the 330 gallon containers are placed, they are going to remain. After learning this, he contacted Mr. Scrafford, Public Works Director, who assured him that at the end of the 60 day trial period, residents will still have the option of choosing the 90 gallon container. Because of this assurance, he refrained from signing the petition.
Mr. VanSant moved for adjournment into Executive Session, seconded by Mr. Weyandt and carried with Mr. Christiansen voting no.
Meeting Adjourned at 8:55 p.m.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 26, 1988, are hereby approved.
JOHN E. RICHTER
MAYOR