REGULAR COUNCIL MEETING
The Regular Meeting Of Council was held on November 23, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Staff members present were Inspections Director/Planner Roe, City Manager Bartolotta, Assessor Lucas, Chief of Police Klenoski, City Clerk Bittner and Solicitor Rodriguez.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Richter requested an additional agenda item (5A) for presentation of an award to Mayor Carroll. He also requested the addition of an agenda item (11A) to discuss the December 7, 1987 holiday.
Mayor Carroll requested that the following correspondence be added to the agenda:
12. H Governor Michael Castle - Route #13 Relief Route
12. 1 Village Builders, Inc. - Withdrawal of Rezoning Request
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. VanSant and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 9, 1987
The Minutes of the Regular Council Meeting of November 9, 1987 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
PROCLAMATION - NATIONAL HOSPICE MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, the "hospice" concept of care, an alternative to traditional medical care, is designed to minimize the suffering of terminally ill patients and their families, allowing them to control their own destinies and die with dignity; and
WHEREAS, Hospice is a home-centered, holistic care program in which both patient and family are offered the coordinated services of a dedicated professional staff, including physicians, nurses, clergy, social workers and bereavement counselors, as well as committed and trained volunteers; and
WHEREAS, Delaware Hospice began in 1982, and since 1983 has been available locally through the Central Delaware Division; and
WHEREAS, November has been designated National Hospice Month; and
WHEREAS, this program has been the choice of care for over 100 Central Delaware residents and their families.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, do hereby proclaim November to be HOSPICE MONTH in our City, extending best wishes and commendations to the professional staff and dedicated volunteers who have given so generously of their time and effort to the development of this valuable addition to health care in our community.
ADOPTED: November 23, 1987
Mayor Carroll presented the Proclamation to Councilman Levitt, who will deliver it to the Hospice Board of Directors in Wilmington, Delaware.
RESOLUTION - CLYDE E. “BUDDY” HINEBAUGH RETIREMENT
By motion of Mr. Christiansen, seconded by Mrs. Legates, Council unanimously adopted the following resolution:
WHEREAS, Clyde E. "Buddy" Hinebaugh has been a faithful employee of the City of Dover Public Works Department since August 31, 1961; and
WHEREAS, after many years of dedicated service, Buddy Hinebaugh has chosen to retire effective September 1, 1988, with terminal leave beginning December 17, 1987; and
WHEREAS, Buddy Hinebaugh has served on the City of Dover United Way Campaign, the Public Works Line Crew Committee, and was a member of the Credit Committee for the City of Dover Credit Union; and
WHEREAS, the efforts of Buddy Hinebaugh to perform every job to the best of his ability resulted in an excellent image for the City which inspired numerous compliments from both visitors and residents of our community; and
WHEREAS, Buddy Hinebaugh performed an outstanding job not only in the Public Works Department, but rendered assistance to every department within the City, always being ready, willing and able to work for the good of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their sincere gratitude to Buddy Hinebaugh, for his contributions to the community, and highly commend him for the manner In which he carried out his responsibilities and duties as a City employee.
2. The Mayor and Council wish Buddy Hinebaugh and his family a happy and peaceful retirement.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the long and dedicated service of Buddy Hinebaugh.
ADOPTED: November 23, 1987
Mayor Carroll stated that the City of Dover will sorely miss Mr. Hinebaugh upon his retirement. The framed Resolution will be personally presented to Mr. Hinebaugh by Mayor Carroll.
AWARD - MAYOR CRAWFORD J. CARROLL
Vice-Mayor Richter informed members of Council and the public that on behalf of Mayor Carroll he attended a meeting of the Kent Association of Life Underwriters. Mayor Carroll was unable to attend due to a previous commitment. Mr. Richter accepted an award for the City which was made possible through the efforts of Mayor Carroll and he requested that Mr. John Still be permitted to make the presentation to Mayor Carroll.
Mayor Crawford J. Carroll was chosen to be honored by the Kent Association of Life Underwriters for his many years of participation In their public service events. Mr. John Still thanked Mayor Carroll for his assistance in the Annual March of Dimes America Walk-A-Thons. Mayor Carroll not only assisted in getting other businesses to take part in the events, but challenged others to participate in the walk with him.
As a token of their appreciation, the Kent Association of Life Underwriters presented Mayor Carroll with an inscribed pewter goblet and Mr. John Still read into the record the following Resolution:
“To Mayor Crawford J. Carroll in grateful recognition for continued outstanding contributions to the March of Dimes. In appreciation of your participation in the 1987 March of Dimes Public Service Projects, we the Kent Association of Life Underwriters hereby declare that you have displayed an outstanding example of caring. The March of Dimes needs the support of folks like you so that all babies will be guaranteed their birthright - a healthy start in life. Thank you for helping in the fight to prevent birth defects. You are a star.”
Mayor Carroll thanked Mr. Still and the Kent Association of Life Underwriters and encouraged all citizens to participate in the worthwhile event of the March of Dimes Walk-A-Thon.
MONTHLY REPORTS - OCTOBER
Members of Council staff answered various questions by members of Council concerning their respective monthly reports. Mr. Weyandt moved for approval of the following monthly reports for October, seconded by Mr. VanSant and unanimously carried.
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 November 10, 1987 with Chairman Richter presiding.
Financing Alternatives for Future Sewer Construction
The committee continued discussions on financing alternatives for future sewer construction. Citizens objections submitted during the public hearing of November 2, 1987, relating to the proposal of charging impact fees, were also discussed as well as other possible financing alternatives. The City Manager will hold meetings with interested parties and the Utility Committee will continue discussions during the December meeting.
Retention Pond - Kenton Road and Fieldstone Court
The English Village Condominium Council expressed concerns with the retention Pond located on the Kenton Road and Fieldstone Court, which is adjacent to English Village. Residents feel that the retention pond is a health hazard and safety problem, citing such conditions as stagnate water, poor engineering, and the lack of a fence to keep children from the area.
The committee was informed by Engineering Department staff that the pond was functioning properly prior to August 1987. However, due to the recent increase in construction activity in this area, the bottom of the pond has become heavy, laden with silt and was partially blocking the path of water across the pond.
When the developer attempted to remove the sediment build-up, too much soil was removed which has caused the water to stand in the pond. The developer has been notified of the problem and instructed to correct the situation. The pond has been regraded and its accuracy will be checked during the next rainfall.
Since corrective action was taken by staff, the Utility Committee took no further action. It was noted, however, that staff will continue to monitor the situation during rainfall to ascertain that the retention pond is functioning satisfactorily.
Mr. Richter moved that the City Manager be instructed to relay this action to the English Village Condominium Council, seconded by Mr. Weyandt and unanimously carried.
Purchase of Oil for Test Purposes
In conjunction with the burner replacement for Unit #3 boiler, the contract requires that the burners be able to use 3% sulfur oil to meet specifications. In order to test the new burners, the City must utilize 3% sulfur oil. Although the City's current contract with Hess calls for 3% sulfur oil, they have been supplying oil that is in the range of 3.0% to 2.1%, with the City receiving the higher quality oil at the lower price. Hess currently does not have 3% sulfur oil in stock and does not expect to have any in the near future.
Since the test should be performed with 3% sulfur oil, it would be necessary to purchase approximately 500,000 gallons of 3% sulfur oil which would have to be purchased on the spot market. Staff estimates that the price should be the same as we are currently paying under contract, although transportation prices will probably be higher.
It was noted that utilization of the lower grade of oil should have no impact on the community since the new burners are designed to burn the 3% oil within all environmental regulations.
The committee recommended approval for authorization to purchase up to 500,000 gallons of 3% sulfur oil on the spot market for the purpose of testing the new burners on the Unit #3 boiler.
Responding to a question by Mr. VanSant on the involvement of the Department of Natural Resources and Environmental Control, Mr. Bartolotta stated that all data will certainly be shared with the DNREC. Mr. VanSant suggested that representatives of the DNREC be invited to be present during the testing.
Mr. Richter moved that the City Manager be authorized to purchase up to 500,000 gallons of 3% sulfur oil on the spot market for the purpose of testing the new burners on the Unit #3 boiler, stipulating that representatives of the Department of Natural Resources and Environmental Control be included in the testing process. The motion was seconded by Mr. Lynn and unanimously carried.
Mechanized Refuse Collection System
The committee discussed the following segments of the Mechanized Refuse Collection System:
Summary of Specifications
The summary of specifications for the procurement of the Automated Refuse Collection System included specifications for: (1) Cab and Chassis, (2) Packer Body and Lift Device, and (3) Containers. City staff would like to bid the various components as a complete system, feeling that having one vendor being responsible for the performance of the complete system will ensure compatibility among the various components. The specifications require that vendors must have this system operational in ten (10) cities with 1,000 containers or more, and have at least 50,000 containers in place nationwide. Staff assured committee members that there are vendors that can meet the specifications and that specifications were not written to exclude any potential bidders.
Mr. Richter stated that formal action is not required at this time, but he invited any comments or problems on the specifications to be brought to the attention of the City Manager.
Mr. Weyandt commended the Director of Public Works on the written specifications, stating that they are extremely detailed and specific.
Proposal for Ordinance Changes
Staff submitted a proposal for ordinance changes relative to the automated refuse collection system. Members of the committee reviewed the proposal in detail and made suggestions for revisions. Staff was directed to incorporate the revisions into the proposed ordinance for final action by the committee during the December meeting.
Pick-up for Non-Residential Properties
The committee discussed the practice of refuse collection for tax exempt properties, questioning the City Solicitor on the legality of charging tax exempt properties for providing the refuse collection service. The Solicitor was directed to research the legality of: (1) charging non-taxables for refuse collection service; and (2) not providing a refuse collection service to non-taxables. The committee will continue discussions on this matter at a later date.
Purchase of Truck and Flipper/Tipper
The test program for automated refuse collection concludes on December 1, 1987 and the City must decide how to continue collection from December 1st until the low bidder provides the City with collection vehicles. Mr. Richter explained that Council must decide if the experimental automated refuse collection system should be continued until full City implementation of the new system, or should the automated collection In the test area be stopped until City-wide implementation can take place.
The Utility Committee recommended that automated refuse collection be continued in the test area, to be phased in with the complete system. Mr. Richter moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
According to the Public Works Director, bids are scheduled to be opened on November 30, 1987. Implementation of the system would take place based on availability of the trucks and containers. Complete residential automated refuse collection could be in full service by July 1, 1988.
Upon approval of continuance of automated collection in the test area until phase-in with the complete system, Council must decide to either purchase the present test vehicle or continue to rent the vehicle at $4,700 per month. The City Manager stated that the vendor conducting the test program informed the City that if he is the low bidder, the City can continue to rent the vehicle currently in use. If he is not the low bidder, the vehicle must be returned to him or purchased. Rental and depreciation credits on the test vehicle have reduced the list price from $92,877 to $81,307. The City Manager feels that investment in the present vehicle, through credits earned during the test, makes it an excellent purchase.
Members of the Utility Committee voiced dissatisfaction with purchasing the present test vehicle, feeling that it would lock the City into a decision before the bidding process is complete.
It was the recommendation of the Utility Committee that action be delayed on the purchase of the test vehicle and that the City extend the rental on the vehicle for an additional month to provide the opportunity for other vendors to bid on all of the required vehicles.
Mr. Bartolotta informed Council that the vendor has agreed to extend the rental for one additional month for $4,700. Should the City purchase this vehicle, the rental fee would be credited towards the purchase price.
Mr. Richter moved for approval of the committee recommendation to delay action on the purchase of the test vehicle and that rental of the vehicle be extended for one additional month at a fee of $4,700. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
1987 Sidewalk Program Assessment
The area designated for the 1987 Sidewalk Replacement Program was inspected by staff and sidewalk was replaced where necessary. Final costs for sidewalk and apron replacement totaled $34,570.25, with $33,041.96 to be recovered through special assessment. Charges for the project are as follows:
Removal & Replacement of Concrete Sidewalk 3.75 sq. ft. $22,492.15
New Concrete Sidewalk Construction 3.36 sq. ft. 1,980.72
Removal of Brick with Concrete Replacement 3.36 sq. ft. 3,196.36
Removal & Replacement of Concrete Apron 3.61 sq. ft. 4,572.73
Tree Roots Pruned 200.00 each 800.00
Relating to the Item entitled "Tree Roots Pruned - $200 each", Mr. Daisey suggested that it be reworded to read "Tree Roots Pruned - $200 per tree". He felt that the change would eliminate any possible confusion on the charge for tree pruning.
In explanation of the difference between total replacement value and total assessment value, the City Manager stated that in certain instances, the City's estimate was low due to unforeseen problems such as tree roots that needed to be removed which was not discovered until after the old sidewalk was removed. According to the City Solicitor, the City can only deviate from the estimate by 15% and in some cases the City's estimate was off by more than 15% with the difference becoming the responsibility of the City.
Mr. Richter moved for adoption of the following ordinance which was read into the record by the City Clerk. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF CONCRETE APRON AND SIDEWALK UNDER THE CITY OF DOVER 1987 SIDEWALK PROGRAM.
WHEREAS, the Council is authorized to order replacement of sidewalks when necessary, to provide for the levy and collection of assessments against property owners whose land adjoins said sidewalk, and
WHEREAS, the Council has caused to be Installed sidewalk in the area designated for 1987, and
WHEREAS, this ordinance is enacted pursuant to the Charter of The City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is levied against all property owners whose property adjoins the installation of said sidewalk at the following rates:
Removal & Replacement of Concrete Sidewalk $3.75 sq. ft.
New Concrete Sidewalk Construction 3.36 sq. ft.
Removal of Brick with Concrete Replacement 3.36 sq. ft.
Removal & Replacement of Concrete Apron 3.61 sq. ft.
Tree Roots Pruned 200.00 per tree
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a three year period from the date of enactment of the assessment and levied at the rate of 9% per annum on the unpaid balance of each assessment. The assessments plus accrued interest at the date of payment may be paid in full at any time during the three year period. If the assessments are paid in full within sixty days from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. Individual appeals of the assessments shall be In accordance with Section 18.7-7, "Appeal of Assessments," of the "Code of Ordinances" of the City of Dover.
ADOPTED: November 23, 1987
Responding to a question by Mr. Richter, the City Clerk explained that appeal of assessments, as outlined in Section 18.7-7 of the City Code, provides that the owner of the assessed property may appeal the assessment in writing within thirty (30) days of the assessment notice. Should such an appeal be received, Council would be required to hold a hearing within sixty (60) days of receipt of the appeal.
Mayor Carroll suggested that a copy of the ordinance be included in the mailing of assessment notices.
Mr. Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee held a special meeting on November 17, 1987 with Chairman Weyandt presiding. The meeting was held specifically to discuss proposed Charter Changes, although there was an addition to the agenda to discuss the placement of Constitution Place Identification signs.
Constitution Place Identification
Referring to a brochure received relative to the Constitution Place Project, Councilman VanSant proposed that a map depicted in the brochure be blown up and laminated for display in an attempt to educate the citizens on the purpose of the construction in the Constitution Place project.
During the committee meeting, Mr. VanSant moved for approval of an expenditure of $600 to cover the cost of three (3) laminated signs, 31 x 41 in size, to be displayed throughout the City in the vicinity of the Constitution Place project during the construction phase. The motion was seconded by Mr. Richter but failed to receive a majority vote. (It is noted that Mr. Townsend was absent and Mr. Christiansen was not present during the vote on the motion.)
Mr. Richter expressed his opinion that the expenditure would be money well spent. He stated that the information depicted on the signs would prove invaluable in explaining the Constitution Place project to persons visiting the area.
Mr. Levitt agreed that such an expenditure would be a prudent investment that would pay off in good will and better understanding of the project by citizens.
Mr. Christiansen objected to such a large expenditure for an explanation of the project, which has already been very well publicized. Mr. Daisey also voiced concern over the amount of the expenditure, stating that he had no objection to placement of the signs but objected to the excessive costs involved. In an attempt to lower the costs, Mr. Daisey suggested that City employees be utilized to construct the signs.
Mr. Richter moved for approval of an expenditure not to exceed $600 for the purpose of erecting laminated signs in the vicinity of the Constitution Place project which would be utilized to inform the citizens and visitors of Dover of the purpose of the construction in the Constitution Place project and its desired results. The signs will be enlarged from a map depicted in a brochure supplied by Mr. VanSant on the Constitution Place project to an approximate size of 3' x 4'. The motion was seconded by Mr. VanSant and was approved by a roll call vote of five (5) yes, three (3) no (Mr. Daisey, Mr. Christiansen and Mr. Weyandt).
Charter Review
Mr. Weyandt noted that formal motions were not made on the proposed Charter revisions nor were official votes taken, although the chairman requested a consensus of opinion on the proposals from all members of Council present.
Mr. Weyandt moved that the present Council-Manager form of government remain as written in the Charter, seconded by Mr. Daisey.
Mr. Christiansen stated his opinion that additional discussions relative to the future role of the Mayor are necessary before acting on changes proposed by the committee.
Mr. Richter stated his understanding of the procedures involved which would require that votes be taken on the proposals from the Charter Review meetings, with those changes receiving a majority vote of Council being referred to the City Solicitor to be written into a formal document which would be brought back to Council for final approval before submission to the General Assembly. It was his feeling that there would be plenty of opportunity for additional discussions prior to the finality of the proposed changes.
Mayor Carroll stated his feeling that votes should not be taken at this time. He suggested that the proposals made during Charter review discussions be referred to the City Solicitor for review and that the Solicitor research the Charter to ascertain which other sections would be affected by the proposed changes. Once the Solicitor has reviewed the proposal, the entire package would be brought before Council for a final vote and in the interim, discussion on the proposals could be continued during committee meetings.
Mr. Weyandt objected to additional meetings on the proposals, feeling that all proposals have been discussed at length. He also objected to directing the City Solicitor to draw up the proposed changes without approval of the changes by a majority of Council. This could result in a tremendous amount of unnecessary work by the Solicitor if Council does not support the proposals.
Mr. Levitt concurred with Mr. Weyandt, stating that the proposals are the main sections of the Charter that were discussed for possible revision. The intricacies of any revisions to the Charter can certainly be worked out prior to final approval.
Mr. VanSant agreed with Mayor Carroll that Council votes should not be taken until a draft of the proposed changes is prepared by the City Solicitor and read by members of Council.
Questioned by Mr. Christiansen, the City Solicitor stated that he could prepare the proposed changes for possible Council action sometime in January.
Mr. Weyandt stated that his intentions were to obtain a general consensus on the proposals so that they could be referred to the Solicitor for his review and for a written draft of the proposals.
Mr. Weyandt moved that as a consensus, Council agrees with proposed changes, as outlined in discussions during Charter review, and that the proposals be referred to the City Solicitor for review of the proposed changes and their possible effect on other sections of the Charter; the Solicitor will prepare the changes in draft form for official Council action. The motion was seconded by Mr. VanSant and carried by unanimous roll call vote.
Mr. VanSant moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.
Mr. Lynn commended Mr. Weyandt, chairman of the Legislative and Finance Committee, for the manner in which the meetings were held concerning proposals on Charter changes. The meetings were held in an open and direct manner and encouraged input from everyone. All members agreed with Mr. Lynn and congratulated Mr. Weyandt for his efforts and the progress made with complex Charter revisions.
Mrs. Legates stated reservations concerning Charter changes and made the following statements:
"At the risk of sending us back to square one and being in the minority here tonight, I feel compelled to say what is on my mind regarding Charter Changes. First I have to admit to a complete 360 degree turn, not once but several times at least on some items as we went through this process since the fall of 1985. Many people have given many agonizing hours of study as I'm sure have all of us here tonight.
As to the office of Mayor, it is my opinion that what we are proposing, by eliminating the Mayor's attendance at and presiding over the Council meetings, would relegate that office to one of title only, a proposal that demeans the office and emasculates the authority of Mayor. I believe the people of this City deserve better. Until such time as this Council or some Council in the very near future, has the foresight and courage to propose a Mayor-Council form of government in which at the very least the City Manager report directly to the Mayor, then I cannot support the items dealing with a 9 Member Council or Council President or Presiding Officer over Council. To me this would be taking a giant leap backward. This City and its people are growing to the point that within the next 15-20 years, we will surely reach a budget exceeding $100,000,000 with a population over 32,000. While this does not constitute a large city, it surely should be considered a small corporation. There needs to be some one in charge (A LEADER) not 7, 8, or 9, Council Members, but some One person accountable to the people. That person should be a Mayor. We should either make changes in order to improve conditions or work within the present system and practices maintaining the status quo until such time, and I hope it will be soon, as we will be bold enough to make those improvements necessary to the greater good for the greater number of the people of the City.
I do not come by these conclusions lightly. I have attended Council meetings on a regular basis for the past 18 years, some as a concerned observer and most recently as a sitting Councillor. I am convinced that we either go for a change or no. The measures we are considering tonight are to me a stop gap or stepping stones in the opposite direction of where we should be going and not in my opinion in the best interest of the City of Dover.
Although he will not be the Mayor upon implementation of the proposed changes, Mayor Carroll stated his concerns with many of the proposed Charter changes. He agrees that the Mayor should not preside at Council meetings, but he stated his opinion that the City Manager should report to the Mayor as the present Charter calls requires of the Police Chief. He feels that City Council should legislate and should not manage. Council would make the rules and regulations and the Mayor would be responsible for making sure that the rules are carried out by the City Manager."
ROBBINS HOSE COMPANY - NOVEMBER 16, 1987 ELECTIONS RESULTS - JUDGES, COUNCILMEN LYNN AND LEVITT AND CITY CLERK BITTNER
The City Clerk read into the record the following results of the November 16, 1987 Robbins Hose Company election:
Chief - John Willson
Deputy Chief - Terry Whitham
First Assistant Chief - William Hurley IV
Second Assistant Chief - Doug Haddad
Third Assistant Chief - Dave Lewis
Fire Line Captain - Joe Hartnett ›TIE
- William R. Staats, Jr. ›
Mr. Levitt moved for acceptance of the Robbins Hose Company Fire Line Officers as presented, seconded by Mr. Weyandt and carried with Mr. Christiansen abstaining.
SET DATE AND APPOINT JUDGES FOR ROBBINS HOSE COMPANY ELECTION
Mayor Carroll explained that it is necessary to set the date for a special election for the Robbins Hose Company for the position of Fire Line Captain due to the tie votes cast during the regular election.
By request of the Fire Company President, John Oliver, Mr. Christiansen moved to set the special election for December 9, 1987 between the hours of 7:00 p.m. and 9:00 p.m. The motion was seconded by Mrs. Legates and unanimously carried.
In response to Mayor Carroll's request for volunteers to serve as judges for the election, Councilmen Levitt and Lynn agreed to serve as Judges and Councilman Daisey will serve as alternate judge.
DATE FOR DECEMBER LEGISLATIVE AND FINANCE COMMITTEE MEETING
Due to the special City holiday scheduled for December 7th, which is also the scheduled date for the December meeting of the Legislative and Finance Committee, Mr. Weyandt stated that he will hold his Legislative and Finance Committee meeting on December 1, 1987 at 7:30 p.m.
DECEMBER 14, 1987 REGULAR COUNCIL MEETING - NATIONAL LEAGUE OF CITIES CONVENTION
Mayor Carroll announced that he and two (2) Members of Council will be attending the National League of Cities Convention in Las Vegas, California during the regularly scheduled Council Meeting of December 14, 1987.
Questioned by Councilman Christiansen, the City Clerk stated that the only public hearing scheduled for December 14, 1987 has been withdrawn.
Mr. Weyandt moved to cancel the Council Meeting of December 14, 1987, seconded by Mrs. Legates and unanimously carried.
ELECTRIC SERVICE TERRITORIES
Mr. Richter reported that the Utility Committee has discussed correspondence received from the law firm of Duncan, Weinberg and Miller relative to potential intervention in Delaware Public Service Commission Docket No. 19 (Electric Service Territories).
According to City Solicitor Rodriguez, the State legislature passed a bill requiring the Public Service Commission to delineate the service areas for utilities furnishing electric. The Public Service Commission is performing this task for Delmarva Power and Light and for Delaware Electric Cooperative. Since this action could possibly affect municipality territories, the law firm of Duncan, Weinberg and Miller will be filing a petition to intervene on behalf of the cities of Newark, Milford, Smyrna, and New Castle. Mr. Rodriguez requested Council's wishes relative to the City of Dover joining the other cities in the petition.
Mr. Richter moved to authorize the City Solicitor to move forward with required action for participation by the City of Dover in the petition, seconded by Mr. Levitt and carried by a unanimous roll call vote.
BICENTENNIAL CELEBRATION - DECEMBER 7, 1987 - CITY HOLIDAY
On December 7, 1987, the citizens of the State of Delaware will celebrate the 200th anniversary of the ratification of the United States Constitution. Bicentennial commemoration activities for Delaware will be focused in Dover in the vicinity of Legislative Mall and The Green. The celebration is certain to draw thousands of visitors and residents to the City of Dover to join in the festivities in celebration of the Bicentennial.
During the Council Meeting of November 9, 1987, Council action was taken to observe December 7, 1987 as a legal holiday if the Governor declares the holiday for the State of Delaware.
Mr. Richter stated that to date, the Governor has taken no action on declaration of a State holiday on December 7, 1987, although Kent County Levy Court has declared the holiday for their employees.
Recognizing the historic significance of the Bicentennial celebration and the anticipated traffic flow problems due to the large number of expected visitors, Mr. Christiansen moved to declare December 7, 1987 as a special holiday, for this year only, for the City of Dover and its employees, stipulating that all offices be closed with the exception of essential services and that the City Hall Building be kept open for touring by visitors. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Levitt alluded to the important historic significance of this event, and felt it unfair to employees of the State of Delaware that the Governor has not declared this date as a state holiday.
Mrs. Legates moved to direct the City Clerk to correspond with Governor Michael Castle informing him of the City's position on the matter and urging his support in recognizing the holiday for the State of Delaware. The motion was seconded by Mr. VanSant and unanimously carried.
CORRESPONDENCE