REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 22, 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, Ms. Bittner and Mr. Rodriguez.
The invocation was given by the Reverend J. H. Williams, Council Chaplain followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
The following additions to the agenda were requested:
Mayor Richter - Item 7D - Letter from Dover Parking Authority
Mr. Weyandt - Item 6A - Committee of Committees Report
Mr. VanSant - Item 6 - Addition to Utility Committee Report
1) Trash Pickup Advisory
2) Constitution Place Information
Mrs. Legates moved for approval of the agenda, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 8, 1988
The Minutes of the Regular Council Meeting of August 8, 1988 were unanimously approved by motion of Mrs. Legates, seconded by Mr. VanSant and bore the written approval of Mayor Richter.
MONTHLY REPORTS - JULY
Mayor Richter noted that the Chief of Police Report has changed in format. Chief Hutchison stated that the report is a good reflection of the past six months, with a decrease reported in the accident rate.
By motion of Mr. Weyandt, 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
UTILITY COMMITTEE REPORT
The Utility Committee met on August 9, 1988 with Chairman VanSant presiding.
Pennsylvania Avenue Area - Light Standards
The committee considered a petition from residents of the Pennsylvania Avenue area who object to the type of light standards installed in their area. The residents also voiced dissatisfaction with the sodium lights (yellow illumination) being utilized.
The City Manager reported that the sodium lights are standard City-wide since they provide twice the energy at half of the cost. Relative to the objection to the type of light standard utilized, Mr. Bartolotta stated that the City currently has a standard for street lights that includes three different manufacturers. The street lighting on Hazel Road and Pennsylvania Avenue is an older type known as series street lighting, with antique fixtures and poles. The Electric Department has experienced difficulty in maintaining series street light circuits and has attempted to replace them with a more modern system. The primary consideration of the Electric Department is to provide adequate street illumination at an economical cost.
Alternative lighting is available although the cost of the light standard requested would be nearly three times as much as the lighting presently installed by the City. Staff expressed concern not only with the higher price, but also with the practice of utilizing several different fixtures throughout te City which creates maintenance and parts inventory problems.
Staff recommended that a City-wide street light policy be developed that would allow for “historic” styles under the following conditions:
a. The difference in cost between standard and “historic” fixtures is assessed to property owners (both initial and replacement installations).
b. “Historic” styles in the City are limited by location and variety.
Members of the committee suggested that Mrs. Frances Manter, spokesperson for the citizens, establish a group of representative citizens to work with the City Manager on appropriate lighting for their neighborhood.
The committee recommended approval of the development of a City-wide street light policy as submitted by staff.
Mr. VanSant stated that the committee will review the policy for Council action at a later date.
Council Hearing - Change of Franchise - Storer Cable Communications
A Council Public Hearing was held during the Utility Committee meeting to hear citizen input relative to a requested change in franchise from Storer Cable Communications to Comcast Corporation and Tele-Communications, Inc. The hearing was held in accordance with provisions of the Franchise Agreement between the City of Dover and Storer Cable Communications. Tele-Communications, Inc. and Comcast Corporation will each be acquiring 50% of the stock of SCI Holding, Inc.
During the public hearing, staff questions which were answered by representatives of Storer, Comcast and TCI. Upon closing of the public hearing, the committee recommended that members of staff and Mr. Levitt, representing the Utility Committee, meet with representatives of the cable companies to continue discussions for a report to the Utility Committee in September.
Notification to Residents on Street Program
In past years, the City notified citizens of street repairs by notice in the newspaper and by posting of “No Parking” signs the day before commencement of the work. The signs were posted by the Police Department. This, year, the Police Department requested that the Public Works Department be responsible for posting the signs. Posting of the signs were included as part of the street repair contract, with the contractor being responsible for posting of “No Parking” signs. The contractor posts the signs three (3) working days prior to the scheduled street repairs. The City has also utilized the local newspapers to print a list of streets that are scheduled for paving.
The committee considered a recent complaint from a citizen that was out of town for a week and upon her return, she found that her vehicle had been towed since it was parked on a street that was scheduled for repair.
The City Manager informed the committee, that in an effort to avoid similar problems in the future, next years’ program will maintain the present policy with the addition of a general letter delivered to all residents of each street to be paved before any work has commenced. The contractor will also attempt to post additional signs to eliminate any confusion.
Clarification on Water/Sewer Rates
Confusion was experienced by some water/sewer customers concerning the water and sewer rate adjustment adopted by Council on May 23, 1988. The ordinance stipulated that the rate increase would be effective for “all billing mailed on and after July 1, 1988". A letter was sent to all customers explaining the rate increase. The wording of the letter seemed confusing to some customers, who felt that the increase would become effective July 1st, rather than effective with the billings mailed on or after July 1st.
A revised letter was drafted by staff to be sent to water customers in an attempt to fully clarify the rate adjustment. Staff will also issue a news release to local media.
The committee considered the practice of utilizing billing dates rather than the date of usage companies use billing cycles for rate adjustments. The only way to implement a rate adjustment based on date of actual use would be to read the meter of every user on a given day, which would be an impossible task.
The City Manager recommended that the City continue to establish ordinances for rates, as Council has done in the past; that he send a carefully worded letter to citizens informing them of the rate changes; and that a news release be issued to local media to inform the citizens of rate changes.
The committee took no further action.
Bid- Legislative Avenue Electric Upgrade
The City entered into an agreement with the State of Delaware requiring the State to pay the cost of upgrading the underground primary distribution system in the Legislative Avenue area with the City assuming responsibility for the upgrade.
Two options were designed, with Design A calling for above grade switching enclosures and Design B using below grade switching equipment.
The City will pay for approximately 10% of the work. Material costs to the City will be $11,683, (and approximately 10% of the labor costs).
The low bid was received from Tudor Electric, but since they do not have adequate manpower or equipment to perform the work st this time, the committee recommended that the bid be awarded to the next lowest bidder, J & W Electric, in the amount of 43, 250, utilizing Design A. The State concurs with the recommendation.
Mr. VanSant moved to approve the committee’s recommendation to award the low bid to J & W Electric for Design A, in the amount of $43, 250. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
Additional Cable Purchase
Council approved a bid in may 1988 from Wesco in the amount of $48,300 for 30,000' of 15KV 1/0 primary cable. With the additional load projections and the lead time involved in delivery of the cable, staff requested authorization to purchase 30,000' of additional cable from Wesco in the amount of $48,300. The original contract did not provide for authorization of additional purchases from the original bid.
The committee recommended approval of the request.
Mr,. VanSant moved to authorize the issuance of a purchase order to Wesco in the amount of $48,300 for the purchase of 30,000' of 15KV 1/0 primary cable. The motion was seconded by Mr. Hall and carried by a unanimous roll call vote.
Report by City Manager - Whiteoak Road Annexation Requests
During a previous committee meeting the Utility Committee considered a request for annexation of properties on the Whiteoak Road. The request was denied by Council since only one property touched the present City limits; and in order to make water and sewer service available, a project would need to be designed. However, the committee directed stated to study the area to determine if water and sewer lines could be extended to residents and how to square off the City boundary to incorporate the requesting properties.
After much study and consideration relative to the availability of utilities, costs for extension, and location of the properties involved, staff recommended that the City not extend its boundaries to incorporate this area. Staff felt that the present boundary is a clean line at which water and sewer services end. The residents are requesting annexation based strictly upon their need for water. Since they are located in the area of the unconfined aquifer, it was staff’s feeling that digging deeper wells and treating the water would be a viable alternative to City water.
Based upon the recommendation of City staff, the committee recommended that the City not extend its boundary to incorporate the properties.
Mr. VanSant moved that the request for annexation of properties along Whiteoak Road be denied, seconded by Mr, Christiansen and carried with Mr. Hall voting no.
Load Management Study
The City Manager informed the committee that the City will be distributing surveys to 1,000 residential customers, which will be used to gather data for the Load Management Study. The committee reviewed a draft copy of the survey. A final draft of the questionnaire will be sent out in the very near future.
Mr. VanSant expounded on the necessity of the surveys being completed and returned since the data will be a very important part of the load management study.
Mechanized Trash
having received many questions on the status of mechanized trash containers in alleys, Mr. VanSant gave an update on this matter. Those residents who have alleys beyond their homes, and were not participants in the test program, will receive 300 gallon containers in their alley. The residents will be polled after 90 days, to determine if they which to use the 300 gallon containers, or if they wish to utilize the smaller, 90 gallon container. The size of the container to be used after the 90 day test period will be determined by the wishes of the majority of residents served in the alley. This will provide an opportunity for customers to try the large container before making a decision on which container they will ultimately use.
Mr. VanSant stated that there seems to be confusion over who is responsible for cutting and trimming of grass and weeds that are outside the property line fence, between the fence and alley. He stated that although there are easements along the alleys, the property owner is responsible for maintenance of the property.
Relative to questions on painting of the City’s mechanized trash containers, Mr. VanSant stated that the containers issued by the City cannot be painted. The containers contain serial numbers which must be visible. Also, maintaining the original color guarantees consistency throughout the City. If, however, a customer wishes to purchase an additional container, he would then own the container and may do as he wishes with it. The present ordinance permits customers to place their trash containers in its pickup location the night before their scheduled pickup, but must be removed on pickup day, as soon as possible after the City has removed the trash.
Constitution Place
The Constitution Place Project is nearing completion. Mr. VanSant stated that the contractors have done a wonderful job and suggested that citizens take a walk down State Street to see the changes.
Mr. VanSant moved for approval of the Utility Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
COMMITTEE OF COMMITTEES
The committee of Committee’s met on August 22, 1988 at 7:00 p.m. to consider a bid on a vacant City lot located on the west side of West Street. Over the past several months, the City has been in the process of selling excess properties. Two bids were received on the sale of vacant City property located on the west side of West Street, containing approximately .796 acres, The vacant property is zoned as C-3.
The high bid was received from Paul A. And Linda A. Brooks in the amount of $27,500. The City appraisal on the property is $31,000, although an adjustment of $18,000 to $20,000 would be allowed for extension of the sewer (approximately 600'). The City Assessor recommended acceptance of the bid.
The committee recommended that the bid be accepted as submitted and the property be sold in accordance with the policy on the sale of excess land, with proceeds to be utilized for parks and recreational purposes.
Mr. Weyandt moved for acceptance of the bid from Paul A. and Linda A. Brooks in the amount of $27,500 for the City owned property located on the west side of West Street, in accordance with the City Policy on the Sale of Excess Land and that proceeds from the sale be utilized for parks and recreational purposes. The motion was seconded by Mr., VanSant and carried by a unanimous roll call vote.
CORRESPONDENCE
National Flood Insurance Regulations - Lynn A. Spragg, Conservation Specialist, DNREC
A letter was received from Lynn A. Spragg with the Department of Natural Resources and Environmental Control, informing the City of Dover of their consultant’s recommendations for compliance with the National Flood Insurance regulations, recently adopted by the Federal Emergency Management Agency. Non-compliance with FEMA regulations could result in local units of government losing their eligibility for the sale of flood insurance. The DNREC offered the assistance of their consultant to further explain the regulations to the City of Dover.
Mr. Jack Roe, City Planner, reported that the City ordinance reviewed by consultants for FEMA compliance was not the current City ordinance. The correct ordinance has been forwarded to the State for review. Mr. Roe and the City Solicitor will continue working with the State on this matter.
Mr. VanSant moved for referral to the Utility Committee, seconded by Mr. Weyandt and unanimously carried.
Request to Erect Awning - W. T. Smithers - 140 S. State Street
W. T. Smithers submitted a request for permission to erect an awning in front of their restaurant located at 140 S. State Street, feeling that it will enhance the appearance of the restaurant and will work aesthetically in concert with the City’s downtown renovation efforts. The awning would be similar to the one approved for erection at the Class Mens Shop.
Mr. VanSant stated that Council did not approve the awning for the Class Mens Shop. Mr. Roe explained that the Class Mens Shop is located in a C-2 zoning category which permits the placement of structures to the property line. The awning ends at the property line. The request by W. T. Smithers would require that the awning be placed out and over the City’s right-of-way since the building presently fronts on the property line.
Mr. Weyandt moved for referral to the utility Committee, seconded by Mr. Lynn and unanimously carried.
Opinion of Solicitor Rodriguez - Skateboard Ordinance
A letter was received from City Solicitor, Nicholas H. Rodriguez, stating his opinion that Council acted legally and in accordance with Roberts’ Rules of Order, during their meeting of August 8, 1988, when acting upon an ordinance regulating the use of skateboard ramps.
Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mrs. Legates and carried with Mr. Christiansen voting no.
Mr. Christiansen stated his opinion that the City operates under the committee format similar to that utilized by the State legislature. He reiterated his feeling that since the Safety Advisory Committee did not make a recommendation on the skateboard ordinance, it should have remained inactive in the committee with no further action by Council. He cited his objections to adopting of the ordinance, feeling that it is a Bill of Attainment against one family.
Mayor Richter stated that the City of Dover does not operate under the same committee rules as the State legislature. The City has no formal rules relative to the flow of subject matter from committee to Council.
Mr. VanSant stated that the House and Senate of the General Assembly have committee’s that set rules under which they operate, which are changed every year. The City Council has elected to follow Roberts’ Rules of Order, unless otherwise provided for in the Charter or Code, which would prevail. Mr. VanSant stated that Roberts’ Rules of Order is very explicit concerning the committee system and there is on requirement that a committee must make a recommendation prior to Council action.
Dover Parking Authority - City of Dover Appropriation
A letter was received from Mr. Larry McAllister, Chairman of the Dover parking Authority, noting Council’s denial of the Parking Authority’s request for a six year funding plan. It is assumed by the Authority that this will in no way affect Council’s appropriation from the General Fund of $48,000 to be directed to their operating budget for this fiscal year. The funds are very important to the successful vitality of the Authority and they wished to be advised of when the funds will be disbursed.
Mayor Richter suggested that this matter be referred to the Legislative and Finance Committee.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen.
Mr. VanSant objected to the motion, stating that the appropriation was approved in conjunction with approval of the 1988/89 budget. The long range funding program (six year funding) which was denied by Council was a separate issue and should have no affect on the $48,000 already appropriated to the Authority by Council.
Mr. Weyandt moved to withdraw his motion, as did Mr. Christiansen his second.
Mr. Weyandt stated his feeling that Council has an obligation to the Parking Authority since the City’s budget and that parking Authority’s budget allowed for the appropriation of $48,000 from the City to the Authority. He stated that Council must either support the Authority or dissolve it. It was his feeling that the funds were supposed to be used in the Authority’s operating budget and was given by the City as a means of helping them to get started under their new membership.
Mr. Weyandt moved to authorize the appropriation of $48,000 to the parking Authority, stipulating that it be used for the improvement and development of the Bradford Street parking lot. The motion was seconded by Mr. Daisey.
Mr. VanSant stated that the motion, if passed, would modify the City of Dover budget since the appropriation of the funds was approved with the adopting of the budget, with no restrictions under which the money was to be spent. It was his feeling that if Council wishes to modify the conditions of the appropriation, the budget would have to be amended.
Mr. Levitt stated that Mr. Weyandt’s motion changes the rules of the game somewhat, and that discussing the matter during a Council Meeting prohibits input from the members of the Parking Authority. In fairness to them, Mr. Levitt suggested that the matter be discussed in the Legislative and Finance Committee to afford everyone an opportunity to participate in discussion.
Mr. Weyandt withdrew his motion as did Mr. Daisey his second.
Mr. Weyandt moved for referral to the Legislative and Finance Committee,. Seconded by Mr. Christiansen and carried with Mr. VanSant voting no.
Mr. Weyandt moved for adjournment into the 15 Minute Open Forum, seconded by Mr. Daisey and unanimously carried.
Meeting Adjourned at 8:30 P.M.
OPEN FORUM
Kathleen Sanstrom - skateboard ramp ordinance
Kathleen Sanstrom of 415 Fiddlers Green addressed Council concerning the recently adopted ordinance relative to skateboard ramps. She stated that her son has built a ramp in their back yard and she objected to the provisions of the ordinance regulating construction of the ramp. She questioned why one group of citizens are being singled out. She cited various other activities that could be considered dangerous that are not controlled by the City.
Mrs. Sanstrom referred to the ordinance, stating her feeling that many sections of the ordinance deal with zoning and questioned why the ordinance was not brought before the Zoning Commission. If the ramps are so dangerous, she asked why a time limit of thirty (30) days is being granted for compliance by existing skateboard ramps. It was Mrs. Sanstrom’s feeling that the skateboard ramp issue is a neighborhood issue stemming from two neighbors that could not work out their problems. She suggested that Council should not attempt to regulate differences between neighbors.
Emil Sammack - Traffic on Kenton Road
Mr. Emil Sammack of English Village thanked members of Council for the providing the opportunity for citizens to speak during the Open Forum. Mr. Sammack referred to the massive amount of construction taking place on and near the Kenton Road which has greatly influenced vehicular and pedestrian traffic. He suggested that a sidewalk of jogging/bicycle path should be constructed from Route #8 to Walker Road for the safety of pedestrians.
Concern was also expressed by Mr. Sammack relative to the entrance and exit to English Village. With the increased traffic on the Kenton Road, Mr. Sammack felt that an ingress and egress lane should be constructed at English Village to provide for safe entry and exit into the complex.
Responding to a question by Mr. Weyandt, Mr. Roe stated that the Kenton Road is a State maintained road. He offered to confer with State representatives to obtain information on their plans for improvements.
Roy Bogus - 229 Frear Drive
Mr. Roy Bogus commended the City on some of its services. He related to the recent extreme hot weather experienced in the City and commended the Electric Department on their ability to meet the electrical needs of the City residents. He related to a recent experience where he utilized the services of the City paramedics and thanked the Mayor and Council for having such a wonderful service available. To its citizens.
Concerning his recent participation in a Canoe Jousting challenge to the City of Dover by the City of Snow Hill, Maryland, he suggested that perhaps a little practice (and a swift current) is in order for next year’s canoe race. Mayor Richter thanked Mr. Bogus for participating in the race on behalf of the City of Dover.
Mayor Richter stated that staff will prepare answers to questions raised during the Open Forum.
Mr. Levitt moved to adjourn into executive session to discuss legal matters, seconded by Mr. VanSant and unanimously carried.
Meeting Adjourned at 8:40 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 22, 1988, are hereby approved.
JOHN E. RICHTER
MAYOR