REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on March 28, 1988 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Captain Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Mr. Karia, Ms. Bittner and Mr. Rodriguez.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested additional agenda items, as follows:
3B - Proclamation for National Child Abuse Prevention Month
11F - Award - Certificate of Achievement for Excellence in Financial Reporting
Mr. VanSant requested an executive session to discuss personnel matters.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mrs. Legates and unanimously carried.
PROCLAMATIONS
Professional Secretaries Week
The City Clerk read into the record the following Proclamation:
WHEREAS, professional secretaries are committed to upholding the highest ethical standards;
WHEREAS, professional secretaries are willing to go the extra mile;
WHEREAS, professional secretaries work unselfishly to better the profession for those who follow;
WHEREAS, professional secretaries are the unheralded members of the management team; and
WHEREAS, the week of April 24 - 30 has been designated Professional Secretaries Week by Professional Secretaries International, its originator and sponsor.
NOW, THEREFORE, I, CRAWFORD, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of April 24 to 30, 1988, as PROFESSIONAL SECRETARIES WEEK and ask that management everywhere join in recognizing the outstanding professionals in their employ especially on Wednesday, April 27, 1988, PROFESSIONAL SECRETARIES DAY.
National Child Abuse Prevention Month
The City Clerk read into the record the following Proclamation:
WHEREAS, April 1988, has been designated National Child Abuse Prevention Month; and
WHEREAS, child abuse and neglect constitute a serious threat to the health and safety of all children; and
WHEREAS, the Department of Services for Children, Youth and Their Families, Office of Prevention within the State of Delaware Child Abuse Prevention; and
WHEREAS, those two organizations, in conjunction with the Delaware Children’s Trust Fund are sponsoring the Delaware Child Abuse Prevention Month kickoff event, the statewide conference “Preventing Child Abuse In Delaware”, being held in Dover on April 5, 1988; and
WHEREAS, public and private organizations in Dover are sponsoring events this month to raise public awareness of the issues of child abuse and neglect.
NOW, THEREFORE, I, CRAWFORD, Mayor of the City of Dover, Delaware, do hereby proclaim April 1988, as CHILD ABUSE PREVENTION MONTH in the City of Dover, and urge all citizens to support the public events scheduled throughout the City this moth and to work towards the eradication of child abuse and neglect during this month and throughout the year.
ADOPTION OF MINUTES- REGULAR COUNCIL MEETING OF MARCH 14, 1988
The minutes of the Regular Council Meeting 14, 1988 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. VanSant and bore the written approval of Mayor Carroll.
MONTHLY REPORTS - FEBRUARY
Mr. Weyandt questioned if the City has observed any decrease in Senior Surrey revenue (from decreased ridership) since Luther Towers’ use of their own bus. Mr. Bartolotta stated that he would review the ridership figures and report his findings to Council.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously adopted the following reports for the month of February:
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
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Parking Fund, Cash Receipts & Budget Report
PROPOSED CHARTER CHANGES
City Solicitor Rodriguez submitted proposed Charter changes, as recommended by the Legislative and Finance Committee, for final approval and submission to the General Assembly.
Mr. Rodriguez referred to typographical errors on page 6, as follows:
Paragraph A - Should refer to, “The fifth paragraph....”
Paragraph B - Should refer to, “Paragraphs six and seven...”
Mr. Christiansen moved that the matter of proposed Charter changes be brought on the floor for discussion, seconded by Mr. Lynn.
Mr. Levitt moved that Section 14 - Duties of Mayor, be amended to include the following statement: “ The Mayor is an ex-officio member of all Council committees but shall have no vote.” The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. Weyandt moved that the proposed Charter changes be approved as amended and that the City Solicitor be directed to forward the changes to the General Assembly for passage. The motion was seconded by Mr. Lynn
Referring to page 9, 11th line, Mr. VanSant suggested that the sentence be amended to read, “In the event of a tie vote for any office, a special election, for said office or offices only, shall be held within thirty (30) days and the registration books shall remain closed until the outcome of the special election is determined.” A the maker of the motion, Mr. Weyandt agreed to Mr. VanSant’s suggestion, as did the seconder of the motion, Mr. Lynn.
Mr. VanSant stated his advocacy for some of the proposed Charter changes, but since the changes are lumped together as one proposal, he stated that he would not be able to support the motion for passage. He is opposed to the proposed amendment relative to district voting, feeling that this proposal will socially and politically divide white from black in Dover, which meets the dictionary definition of apartheid. The proposal was made, not by the local chapter of the NAACP, but by the national association, and it is Mr. VanSant‘s feeling that the proposal is a total dis-service to the entire black community in Dover. Although he prepared the district map, he does not support the proposal for nine (9) members of Council, with only one (1) member being elected at large. This system will disenfranchise the majority of the concerned black citizens in Dover who have been able to exercise their vote for members of Council. He would have voted for the proposal if the NAACP had agreed to four (4) districts, with one (1) member of Council elected by district in each of the four (4) districts, and five (5) members of Council running at large. Mr. VanSant stated that this proposal “prostitutes the entire concept of democracy as we know it - Apartheid - we have socially and politically isolated a district”.
Mrs. Legates concurred with Mr. VanSant’s remarks, informing Council that she would not support the motion. She stated her feeling that members of Council abandoned their responsibility to the City’s citizens by negotiating an agreement on the NAACP case without the benefit of a Court of Law. She felt that this new proposal disenfranchises the majority of our people, leaving them only three members of Council to represent them (two by district, one at-large) whereas with the City’s proposed compromise they could have been represented by six members of Council (five at-large and one by district). Mrs. Legates stated that the new system will reduce access to representatives by reducing the number of that the right to representative government is a very precious right and should not be compromised.
Mayor Carroll clarified his position on the motion, stating that the proposal includes a provision for district voting which he vetoed from the Council Minutes of February 8,1988. He reiterated his objections to the proposal and predicted that this motion would be detrimental to the City of Dover.
Mr. Daisey reminded members of Council that this matter has been looked at long and hard, including many discussions over the past year by all members of Council. It was his feeling that the right decision has been made for the citizens of Dover, and he called for the question on the motion.
By a roll call vote of six (6) yes , two (2) no (Mrs. Legates and Mr. VanSant), Council adopted the following the ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Council recommends to the General Assembly of the State of Delaware that the Charter of the City of Dover be amended as follows:
Sec. 5. This section is to be amended by completely striking and deleting the existing Sec. 5 and inserting a new Sec. 5 to read as follows:
Sec. 5 Council to be Legislative Body; Size; Districts; Terms of Mayor and Councilmen; Qualifications.
The Council shall be the legislative body of the City and composed of eight members nominated and elected as hereinbefore provided until the second Monday of May 1989 at which time and thereafter Council shall be composed of nine members as hereinafter provided.
In order that the members of Council shall be distributed over the City, the City shall be divided into districts. For the April 1988 regular municipal election, the City shall remain divided into four election districts previously established by Council so that the decennial census. The district boundaries established for the April 1989 regular municipal election shall continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State of Delaware, at which time Council shall redistrict the City so that the districts shall be nearly equal in population in accordance with said census, which redistricting shall be used for the next regular municipal election, which procedure shall be this manner so that the districts shall be maintained as nearly equal in population as possible at all times.
The term of the Mayor elected at the April 1988 regular municipal election shall be for a term of two years from the second Monday of May 1988 until the second Monday of May 1990 or until his successor has been duly elected and qualified. Thereafter, commencing with the regular municipal election to be held in April of 1990 and thereafter, the term of Mayor shall be for a period of two years commencing on the second Monday in May following his election had continuing for a term of two years until the second Monday in May or until his successor has been duly elected and qualified.
The term of the Councilmen shall be for two years. In the April 1988 regular municipal election, four Councilmen shall be elected by at-large voting with one Councilman coming from each of the four election districts then in existence. These four Councilmen shall take office on the second Monday of May of 1988 and their term shall expire on the second Monday of May 1990. In the regular municipal election held in April of 1989 after Council has divided the City into four of whom shall be elected by district voting from each of the districts as designated by Council and one of whom shall be elected by at-large voting by all voters of the City, the term of these five Councilmen to commence on the second Monday of May of 1989 and terminate on the second Monday of May of 1991 with their successors being elected in the regular municipal election held in April of 1991 and each two years thereafter. At the regular municipal election held in April of 1990, four Councilmen shall be elected by district voting from each of the four districts as designated by Council, which Councilmen shall serve a second Monday of May 1992. Commencing with the regular municipal election to be held in April of 1991, as herein provided, and each two years thereafter, five Councilmen shall be elected, four by district voting being from the districts and one at large as stated herein. In the regular municipal election held in April of 1992 and every two years thereafter, four Councilmen shall be elected by district voting from each of the districts of the City.
In order to be eligible to be elected as Mayor or as a member of Council, the person must as of the date of the election be: (1) a citizen of the United States and of the State of Delaware; (2) a resident of the City and having continuously resided therein or in an area annexed to the City during the two years next preceding the day of the election; (3) be a resident of the election district from which he is seeking election, unless he is seeking election as an at-large Councilman or Mayor; (4) twenty-one (21) years of age; and (5) nominated therefor, as hereinafter provided.
If a councilman files and runs for mayor, whether or not he is elected to said office, the term as councilman shall automatically expire on the second Monday of May on the year of the election; and if he has a year remaining on his term, then his office as councilman shall be filled at the same annual election in which he has filed to run for the office of mayor.
Sec. 6 of the Charter shall be amended by striking the present section in its entirety and inserting the following section in its place:
Sec. 6 Municipal Election Dates.
Regular municipal elections shall be held each year on the third Monday in April and shall be known as the regular municipal election. All other municipal elections that may be held shall be known as special municipal elections. At the regular municipal election to be held on the third Monday in April of 1988, four Councilmen shall be elected, one from each of the four election districts by at-large voting in the same manner as heretofore. In the regular municipal election to be held on the third Monday in April of 1989 and every two years thereafter, five Councilmen shall be elected by district voting from each of the election districts and one of whom shall be elected at large by the voters of the City. At the regular municipal election to be held on the third Monday in April of 1990 and every two years thereafter, four Councilmen shall be elected by district voting, one being from each of the City for a term of two years. Every two years thereafter a Mayor shall be elected in the same manner.
Sec. 7 of the Charter shall be amended as follows:
A. The fifth paragraph thereof is deleted in its entirety and the following new paragraph shall be substituted in its place:
The signers of a nominating petition for a member of the Council must be electors
of the City residing in the same City election district in which the nominee resides; but the signers to the nominating petition for the Mayor and for the at-large Councilman may be City electors residing in the City at large.
B. Paragraphs six and seven thereof are deleted in their entirety and combined in the following paragraph to be known as paragraph five:
There must be attached to each nominating petition an affidavit of the circulator
thereof, stating the number of signers and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be, and that all of said signers are entitled to vote at the regular municipal election referred to; and, in the case of a petition nominating a candidate for Councilman running from a particular district and to be elected by district voting, that the circulator of the petition verily believes that each signer of said petition is a resident of the same City election district in which the nominee resides.
C. The affidavit of the nominee is amended by inserting a semicolon in place of the period after the word “paper” and adding the following language:
and, in case the petition is nominating a candidate for Councilman to be elected from a specific district by district voting, that each signer of said petition is a resident of the same City district in which the nominee resides.
Sec. 8 of the Charter is deleted in its entirety and a new Sec. 8 to read is follows is inserted in its place:
Sec. 8. Time and Place of Elections; Election Board: Counting of Votes; Determination of Winners; Tie Votes; Persons Eligible to Vote; Voter Registration; Official Ballots and Voting Machines; Absentee Ballots.
The regular municipal election shall be held on the third Monday of April in the year
1988 and each year thereafter. At each such regular municipal election, the polls shall be opened at 11:00 a.m. and close at 8:00 p.m. The Council may designate the places of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud.
All elections shall be held by an election board which shall consist of the Alderman
and two members of Council whose terms of office continue for the year following the election, to be chosen by the Council at the meeting prior to the election. The Alderman may designate such other persons as he shall deem necessary to assist the members of the election board in the conduct of the election and counting of the ballots. Should any or all of the members of the election board be absent from the place of election at 11:00 a.m. on the day of the election or fail or neglect to tact in the conduct of such election during the time the polls are open and until the ballots are counted and the results of the election certified, the voters of the City present at such time may choose from the qualified voters of the City such persons or persons as shall be necessary to fill places made vacant by the absence or neglect aforesaid.
When the polls are closed, the election board shall publicly count the votes and shall
certify the results of the election to each of the persons elected and to the Council. The candidate for the office of Mayor who receives the highest number of votes cast for that office shall be declared to be elected Mayor; the candidate for the office of at-large Councilman who receives the highest number of votes cast for that office shall be declared to be elected at-large Councilman; and the candidates for the offices of Councilmen from each district who receive the highest number of votes cast by voters who reside in that district and cast votes for Councilman of that district shall be declared to be elected to that office. In the event of a tie vote for any office, a special election, for said office or offices only, shall be held within thirty (30) days and the registration books shall remain closed until the outcome of the special election is determined.
Every resident of the City of Dover who shall have reached the age of eighteen (18)
years by the time of the election and who is properly registered to vote shall be entitled to vote at the regular or special municipal elections. For the regular municipal election to be held in April of 1988, the voter must be registered in accordance with the existing City of Dover voter registration requirements in effect for previous elections. For the regular municipal election to be held in April of 1989 and for each year thereafter, the voter will be considered properly registered to vote if he is properly registered to vote for the State elections in accordance with Title 15 of the Delaware Code as amended.
The Council shall provide for the use of voting machines in all regular and special municipal elections in conformity with Title 15 of the Delaware Code by ordinance duly adopted by Council. Voting machines shall be used in accordance with Title 15 of the Delaware Code and by ordinance adopted by Council. The names of the candidates for each office shall be listed in alphabetical order on the voting machines under the name of the office to which they seek election. The voters shall designate their choice of candidates in accordance with the regular method of operation of voting machines. The Council may provide sample ballots plainly marked as such and printed on paper of any color except white to be distributed to any voter or candidate who request them prior to or during the election.
Any qualified voter, duly registered, who shall be unable to appear to cast his ballot
at any election either because of being in the public service of the United States or of this State, or because he will be unavoidably absent from the City on the day of the election, or because of his sickness or physical disability may cast a ballot at such election by absentee ballot to be counted in the total of such election. The Council may provide the rules and regulations for such absentee voting by ordinance for all elections.
Sec. 9 of the Charter is amended by striking the existing section in its entirety and by inserting in its place the following new section:
At 7:30 p.m. on the second Monday in May in 1988 and each year thereafter,
following a regular municipal election, the Mayor and Council shall meet at the usual place for holding Council meetings and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity. Such meeting shall be called or known as the annual meeting. Thereafter, the Council shall hold regular meetings at such times as may be prescribed by ordinance, but not less frequently than once each month. Special meetings may be called and held as prescribed by ordinance. All meetings of the Council shall be open to the public except scheduled executive sessions.
At the annual meeting held on the second Monday in May in 1990, and each year
thereafter, the members of Council shall elect one of their members to serve as Council President, such term to be in effect until the next regularly scheduled annual meeting or until a successor is elected. The Council President shall serve as Vice-Mayor. Council President shall preside over regular and special Council meetings.
The Mayor shall preside over the annual meeting and quarterly town meetings, and
at the annual meeting present a State of the City message and offer Mayoral appointments for Council confirmation. The Mayor, upon recommendation from the council President, will present Council’s appointments for Council approval.
Sec. 10 of the Charter shall be stricken in its entirety and new Sec. 10 inserted to read as follows:
Sec. 10. Meetings of Mayor and Council - Procedure
Five (5) of the members elected to the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
No ordinance, resolution, motion or order shall be valid unless it shall have 91) the
affirmative vote of a majority of the members elected to the Council, and (2) the written approval of the Mayor, or Vice-Mayor in those cases where the Vice-Mayor is authorized to act as Mayor as provided in Sec. 15 hereof, provided that in the absence of Council may, after not less than seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the said ordinance, resolution, motion or order which did not receive the approval of the Mayor, or the Vice-Mayor, by the affirmative vote of two-thirds of the members elected to Council.
Whenever the Council shall adopt an ordinance, resolution, motion or order, it shall
be the duty of the Mayor, or the Vice-Mayor, to signify his approval or disapproval thereof, in writing to the Clerk of the Council within seven (7) days thereafter. The Clerk of the Council shall forthwith notify the members of the Council of such approval or disapproval.
Motions to adjourn meetings of Council and orders to compel the attendance of
absent members shall not require the approval of the Mayor or Vice-Mayor.
A Councilman may abstain from voting on a matter that he feels would involve the
consideration of his own official conduct, on a matter in which he has a financial interest, in a matter in which he has a conflict of interest or in accordance with a policy adopted by Council.
The yeas and nays shall be taken upon the passage of every ordinance and resolution
and entered together with the text of the ordinance or resolution upon the journal of the proceedings of the Council. The journal shall be deemed conclusive evidence of the facts stated therein except in the case of fraud.
Sec. 14 of the Charter is amended by striking the existing section in its entirety and by inserting a new section to read as follows:
Sec. 14 Duties of Mayor
The Mayor shall be the executive an chief official of the City. He shall have the
powers and perform the duties conferred and imposed by this Charter and ordinances of the City. Prior to the second Monday in May of 1990, he shall preside at all meetings of the Council, but after the second Monday in May of 1990, the Council President shall preside at all meetings of Council with the exception of the annual meeting and quarterly town meetings which shall be presided over by the Mayor. The Mayor shall have no vote on Council matters of any nature whatsoever. The Mayor is an ex-officio member of all Council committees but shall have no vote.
Sec. 15 of the Charter shall be amended by deleting the present Sec. 15 in its entirety and by inserting a new section to read as follows:
Sec. 15. Vice-Mayor, Duties of.
At the annual meeting to be held on the second Monday in May of 1988 and 1989,
the Council shall elect one of their number to the office of Vice- Mayor. Commencing with the annual meeting to be held on the second Monday in May of 1990 and each year thereafter, Council shall elect on of their number as Council President who shall also serve as Vice-Mayor. During a vacancy in the office of Mayor or during the absence or disability of the Mayor the Vice-Mayor shall retain his right to vote as Councilman at all times although he may be acting as the Mayor, unless the Mayor’s absence appears to be indefinite or extended, in which case Council shall pass a resolution appointing the Vice-Mayor as Mayor until the Mayor’s position is either filled in accordance with Sec. 13 hereof or the Mayor returns to his duties, which resolution shall provide that the Vice-Mayor shall have the right to approve or disapprove Council action in accordance with Sec. 10 hereof, in which case the Vice- Mayor shall lose his vote as Councilman until further action is taken by Council.
Sec. 47 of the Charter is amended in the fifth paragraph thereof, third line, by striking the
word “Mayor” and by substituting therefor the words “Council President.”
Sec. 57 of the Charter is amended by deleting the first paragraph thereof and by substituting therefor the following:
The Mayor and members of Council at the time of approval of this act to revise the
Charter shall retain their elected terms of office until re-elected or failure to be re-elected under the provisions and terms established herein.
Sec. 61 of the Charter is amended by deleting in its entirety the existing section and by substituting therefor the following:
Sec. 61 Severability.
If any part of this act to amend the 1929 Charter of the City of Dover, or of the
unamended portions of the original Charter, are held to be unconstitutional, such holding shall not be deemed to invalidate the remaining portions of this act or the Charter it amends.
ADOPTED: March 28, 1988
UTILITY COMMITTEE REPORT
The Utility Committee met on March 16, 1988 with Chairman Richter presiding.
Water Franchise Service Areas
The Committee reviewed the status of its application for a water franchise area, where many questions were brought to light. After discussing the matter at length, the committee tabled action, choosing not to submit an application to the DNREC at this time, and recommended that the City formally write to the DNREC requesting answers to the questions posed by the committee.
Upon questioning by Mr. Richter, Mr. Bartolotta stated that a letter is being drafted by staff for review by the Utility Committee. Mayor Carroll suggested that the City Manager contact the DNREC to make sure that there is no time limit on submission of the application.
Bids - 1988 Street Program
In conjunction with the 1987-92 Capital Improvements Place and the 1988 Revenue Bond Issue, bids were received to resurface 26 streets during the summer of 1988. The low bid was received from Tilcon Delaware in the amount of $567,257.86. The engineer’s estimate for the project was $730,000. Due to the low bids for the street programs, staff proposed that three (3) streets from the 1989 Street Program by moved up for resurfacing in 1988 for a total estimated price of $698,195.70. The streets are New Street (Division Street to William Street), Bradford Street (Cecil Street to Walker Road), and Oakmont Drive (College Road to Carnoustie Road).
Streets - It was noted that the cost figures to include the three additional streets are staff estimates and that concurrence from the contractor is necessary. However, the City Manager informed the committee that if the actual costs are different, they can be handled by a change order.
It was the recommendation of the committee that the contract be awarded for the 1988 Street Repaving Program to the low bidder, Tilcon Delaware, to included the first three (3) streets from the 1989 Street Program, as aforementioned.
Since the time of the Utility Committee meeting, the City Manager reported that the contractors have been contacted for a cost update and reported that the estimated figure of $698,195.70 is confirmed cost figure.
Mr. Richter moved for approval of the committee’s recommendation to award the 1988 Street Repaving Program contract to Tilcon Delaware, in the amount of $698,195.70 which will include three streets from the 1989 Street Program, as follows: New Street (Division Street to William Street), Bradford Street (Cecil Street to Walker Road), and Oakmont Drive (College Road to Carnoustie Road). The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Curbs - In conjunction with the additional street repaving, the Utility Committee recommended that the 1988 Curb Program be amended to a total expenditure of $232,555.05. However, since the date of the Utility Committee meeting, the City Manager obtained up to date cost figures and it will be necessary to amend the 1988 Curb Program be amended to a total expenditure of $235,617.30.
The City Manager explained that the price of concrete has increased since the contract was originally bid, resulting in a total expenditure of $235,617.30 for the required curbing for the three additional streets.
Mr. Richter moved that the 1988 Curb Program be amended to a total expenditure of $235,617.30. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).
As recommended by the Utility Committee, Mr. Richter noted that in the future, the City’s contract language will allow for a deviation of 25% on quantities.
Bids - 1988 Sidewalk Program
The 1988 Sidewalk Program encompasses an area from Division Street to Mary Street, from the railroad on the west and to the St. Jones River on the east. It also includes some properties from last year’s program that did not comply with sidewalk replacement requirements. Approximately 11,355 square feet of concrete sidewalk, 3,251 square feet of brick sidewalk and 693 square feet of concrete apron will have to be replaced.
Upon evaluation by the Grounds Departments, it was determined that in several locations, the existing tree is not a good candidate for root pruning and must be removed. The trees are located at :
229 N. State Street
Wesley College Property, N. New Street
238 N. New Street
200 N. New Street
9 Kings Highway
The low bid was received from Mitten Construction in the amount of $97,610.80.
After discussing the various aspects of sidewalk replacement, tree pruning, and tree removal, the committee recommended that the 1988 Sidewalk Program be awarded to the low bidder, Mitten Construction Company, in the amount of $97,610.30
The Committee discussed a City policy on disposal of the wood from trees that are cut down by City personnel, with committee members feeling that the owner of the property should have first choice to the word. This matte will be reviewed by the City Manager for a report back to the Utility Committee.
Mr. Richter moved that the contract for the 1988 Sidewalk Program be awarded to Mitten Construction Company in the amount of $97,610.00. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote (Mr. VanSant absent).
March Quarterly Fuel Adjustment Review
The committee took no action on the March quarterly fuel adjustment review, although it was noted that the January report depicts that the fuel cost was 41.22 cents per gallon, compared to the forecasted cost of 40 cents per gallon.
Responding to Mr. Richter’s question, Mr. Bartolotta reported that the February report portrays a fuel cost of 34 cents per gallon, which is lower that predicted.
Capital Improvement Plan
A review of the Capital Improvement Plan included sections on Storm Sewers, Streets, Water Supply, and Water Distribution. Discussions will continue during the next committee meeting.
Power 2000
The committee reviewed copies of a Request for Proposal for a long range planning study for the City of Dover’s electric system which will be sent to 18 consulting firms.
Kent County Development Authority
A request form the Kent County AeroPark Development Authority was considered by the committee. The Authority requested the City’s assistance in the development of the Industrial Park by absorbing the cost for burying power lines that run along Horsepond Road at the entrance of the Park and for a donation to the project by the City of 15 unused light standards.
Representatives of the Authority submitted a letter for committee review which revealed the source of funding for the Industrial Park and explained the benefits to the City from development of the Park such as increased employment opportunities, increased property tax base, and additional electrical consumption.
Members of the committee expressed their support for the Industrial Park but had reservations about granting the request.
It was the recommendation of the committee that the City donate the requested 15 light standards estimated at a total value of $2,250. If the Park wishes, the City will bury the electric wiring with all costs to be paid by the Industrial Park. The motion was seconded by Mrs. Legates and carried by a unanimous roll call vote.
Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mrs. Legates and unanimously carried.
BANNERS - CITY OF DOVER POLICY
As directed by Council, the City Manager submitted a proposed City policy on Banners. He noted that the three areas being requested are (1) State and Reed Streets, (2) State Street in front of the Hospital, (3) Loockerman Street in front of Dover Hardware.
The City Manager recommended that banners be permitted to be hung on State Street in front on the hospital, as well as the present policy of allowing banners on State and Reed Streets. He noted that the location on Loockerman Street, in front of Dover Hardware, would require that the banners be hung from privately owned buildings, mandating permission from the property owners.
Responding th questions by Mr. Weyandt and Mr. Richter, the City Solicitor felt that permission could be required form the two owners (at the Loockerman Street location) with the City controlling the banner placement and policy.
By motion of Mr. Richter, seconded by Mr. VanSant, Council, by a unanimous roll call vote, adopted the following policy:
CITY OF DOVER BANNER POLICY
1. The City Manager’s Office is authorized to approve requests to hang banners at the following locations:
a. State and Reed Streets
b. State Street in front of Kent General Hospital
c. Loockerman Street (between Governors Avenue and Bradford Street), contingent upon written permission from property owners to attach banners to required structure.
2. All requests will be considered on a first-come-first served basis.
3. Any non-profit organization wishing to display a banner across public streets in Dover is to reserve a location by contacting the City Manager’s Office at least two weeks in advance.
4. No banner may be displayed for more than 31 consecutive days.
5. The organization is responsible to provide the banner with rings at all four corners and 120 feet of 1/4 inch diameter nylon rope. The organization is responsible for delivering the banner and retrieving the banner from the City Manager’s Office.
6. Before the banner is hung, the organization is responsible to provide to the City Manager’s Office an insurance certificate for $1 million liability coverage to be in effect during the entire time the banner is displayed.
HARVEST YEARS SENIOR CENTER
In the 1987-88 CDBG program, the City of Dover received a public facility improvement grant in the amount of $51,975 from the State of Delaware Department of Housing and Community Development. The grant was for the purpose of constructing an addition to the Harvest Years Senior Center located on Saulsbury Road.
Bids were received from four contractors with the low bid of $44,970 being submitted by N.W. Johnson. The amount allocated for the project was $48,850.
City staff and the involved architect recommended that the bid be awarded to N.W. Johnson in the amount of $44,970.
Mr. VanSant moved to award the contract to the low bidder, N. W. Johnson, in the amount of $44,970, for the purpose of constructing an addition to the Harvest Years Senior Center. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote.
SET PUBLIC HEARING - PROPOSED TEXT AMENDMENT TO ZONING CODE
The City Planner requested that a public hearing be set to consider a proposed text amendment to the City of Dover Zoning Ordinance to permit a crematory as a Conditional Use in the C-4 (Highway Commercial) zoning classification.
Mr. VanSant moved that a public hearing be set for April 25, 1988 at 7:30 p.m., seconded by Mr. Weyandt and unanimously carried.
CORRESPONDENCE
U.S. Department of Commerce - Bureau of Census - Request for Information - Applicants for Temporary Jobs
A letter was received from the Bureau of Census, U.S. Department of Commerce, requesting the City’s assistance in staffing a field operation in the Dover area in which the Census Bureau will be involved. The Census Bureau requested that the City submit a list of names and addresses of persons that would by interested in filling the job openings. The positions are temporary, lasting only from two to eight weeks.
Mayor Carroll stated that the 1990 Census was discussed during the recent National League of Cities Convention in Washington, D.C. He purchased two cassette tapes of information covered during the meetings which he has asked the City Clerk to transcribe for Council’s review.
Mr. Levitt moved for referral to the Legislative and Finance Committee, seconded by Mr. VanSant and unanimously carried.
Ione Biddle
A request was received from Ione Biddle for property located on Forest Street (lots #18, #19, #20, and #21), approximately 250' x 400'.
Mr. Richter moved for referral to the Planning Commission and the Utility Committee, seconded by Mr. VanSant and unanimously carried.
Request for Abandonment of Alleys and Brown Street - Francis Weyandt
A letter was received Francis R. Weyandt requesting that the City abandon Brown Street and alleys bordering his property, in the vicinity of Pear Street, since they are no longer utilized.
Mr. VanSant moved for referral to the Planning Commission and Utility Committee, seconded by Mr. Daisey and unanimously carried (Mr. Weyandt not voting).
Kent County Board of Elections - Single Voter Registration System Update
Mrs. Donna L. Harrington, Director of Kent County Board of Elections, directed a letter to the City Clerk informing the City of possible problems that could delay a merger of the City’s voter registration system. Mrs. Harrington assured the City Clerk that the Board of Elections will do everything possible to work with the City of Dover towards a single voter registration system.
Mr. VanSant reiterated concerns with Charter changes passed earlier in the meeting, stating that the amendment makes the proposal effective for the 1989 election. According to Mrs. Harrington’s letter, the possibility exists that this merger could be delayed which could place the City in violation of its own Charter requirements. He also referred to the need for the General Assembly to not only approve the proposed Charter amendments, but to provide the necessary funds to the Board of Elections for the conversion.
Mr. Richter suggested that a letter be forwarded to members of the General Assembly to make them cognizant of the proposal and its effect on the City and the Department of Elections.
Mr. Daisey stated that once the General Assembly approves the Charter change, it then becomes their responsibility to make sure that the necessary funding is available to the Board of Elections so that compliance is possible.
Mr. Richter moved that a letter, explaining the City’s position on the matter, be forwarded to members of the General Assembly, seconded by Mr. Lynn and unanimously carried.
News Letter - Storer Cable Communications
A letter was received from Frederick Lantz, Manager/Technical Services Center with Government Finance Officers Association, notifying the City that its Comprehensive Annual Financial Report for the fiscal year ended June 30, 1987 qualifies for a Certificate of Achievement for Excellence in Financial Reporting.
The Certificate of Achievement plaque will be sent in approximately six weeks for presentation to Mike C. Karia, City of Dover Treasurer/Finance Director. This award is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
Mayor Carroll presented a certificate to Mike C. Karia, explaining that the plaque will be received in approximately six weeks. Mayor Carroll congratulated Mr. Karia on the excellence displayed in the Comprehensive Annual Financial Report. Members of Council joined in applause and congratulations to Mike Karia.
Mr. Karia thanked Mayor Carroll and members of Council, stating that all employees of the Finance Department are responsible for the report and expressing his gratitude for the performance displayed by his entire staff.
Mr. VanSant congratulated Mr. Karia and moved for acknowledgment of the award, stipulating authorization for an expenditure of funds to have the certificate framed and that it be displayed in an appropriate place in City Hall. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved for adjournment into executive session to discuss personnel matters, seconded by Mr. VanSant and carried wit Mr. Christiansen voting no.
Meeting Adjourned at 8:45 P.M.
DEBRAH J. BITTNER
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