REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on July 13, 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 Fire Chief Willson, Assistant Inspections Director/Planner Cregar, City Manager Bartolotta, City Assessor Lucas, Chief of Police Klenoski, City Solicitor Rodriguez, Assistant City Clerk Bittner and City Clerk Willis.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested the following agenda additions under correspondence:
1. Kent Count Industrial Park Development Authority letter.
2. Walter L. Fox Post No. 2 - Park at Independence Boulevard.
Bids on the Constitution Place Project are still being analyzed by staff; therefore, Mayor Carroll requested that this item be deleted from the agenda.
The agenda was unanimously approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 22, 1987
The minutes of the regular Council meeting of June 22, 1987 was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Carroll.
RESOLUTION - WILLIAM JENKINS - ACT OF HEROISM
By motion of Mr. Lynn, seconded by Mr. Weyandt, Council unanimously adopted the following resolution:
WHEREAS, City of Dover Paramedic William Jenkins was returning home from vacation on June 29, 1987, traveling south on Route #301 at Centerville, Maryland when he observed a vehicle on fire, and
WHEREAS, upon investigating the fire, it was found that two tractor trailers had collided, leaving one of the drivers pinned in the burning truck, and
WHEREAS, utilizing his professional skills in the field of emergency situations, William Jenkins disregarded all thoughts of personal safety and assisted in freeing the occupant from the burning vehicle, avoiding a near tragedy and displaying the highest competency in his skillful and quick response to this very dangerous situation, and
WHEREAS, this courageous action, in averting what could have been a tragic loss to family, friends, and community was an act of heroism which deserves special recognition by the governing body of this city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere pride in the heroic actions Of City of Dover Paramedic William Jenkins in responding to the life-saving rescue of June 29, 1987.
2. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in recognition of this heroic act performed by William Jenkins.
ADOPTED: July 13, 1987
William Jenkins was on duty as a City of Dover Paramedic at Kent General Hospital and was unable to attend the meeting. The resolution was accepted on his behalf by Fire Chief John Willson. In relating details of the incident, Chief Willson stated that a tractor trailer was on fire resulting from a collision with another tractor trailer. The driver of the burning vehicle was trapped inside, with his leg pinned under the seat. Although the burning vehicle was so hot that the tires were exploding, Mr. Jenkins stayed with the victim until he could be freed.
Mr. VanSant moved that Mr. Jenkins also be given a plaque, depicting the City seal, to accompany the resolution. The motion was seconded by Mr. Lynn and unanimously carried.
REZONING - PROPERTY LOCATED ON THE NORTHWESTERLY SIDE OF STATE COLLEGE ROAD, ADJACENT TO FOX HALL - H. BAXTER AND MARY E. MCKEE
A public hearing was duly advertised for this time and place for rezoning land located on the northwesterly side of State College Road, adjacent to Fox Hall, owned by H. Baxter and Mary E. McKee.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Richter was concerned about deviating from the Comprehensive Plan and questioned Assistant Planner Cregar on the proposed parkland for this property. Mr. Richter felt that Council should go on record as favoring open space in this area as indicated by the Comprehensive Plan.
Mr. Cregar stated that the area to the east of this site would supply ample lands for a proposed park area if Council should desire. This was taken into consideration by the Planning Commission when making their recommendation for approval.
Responding to a question by Mr. Christiansen, Mr. Cregar stated that there is a section in the Zoning Code that allows for the provision of open space within a subdivision. Determination of this open space would be made at the time of site plan approval. Mayor Carroll pointed out that the City has the prerogative of accepting money in lieu of parkland. The money could be placed in escrow until the City was prepared to proceed with a park.
Mr. Weyandt suggested that the City become more insistent on the policy of requiring subdivisions to supply parkland or money in lieu of parkland.
Mr. Christiansen moved for approval of the rezoning, based on the recommendation of the Planning Commission, seconded by Mr. Lynn and by unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHWESTERLY SIDE OF COLLEGE ROAD ADJACENT TO FOX HALL.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-20 to R-10.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to R-10 on that property located on the northwesterly side of College Road adjacent to Fox Hall, owned by H. Baxter and Mary E. McKee.
ADOPTED: July 13, 1987
REZONING - LAND LOCATED AT THE NORTHWEST INTERSECTION OF WEBBS LANE AND SOUTH STATE STREET - JOHN KONSCHAK ESTATE (C/O WILLIAM KONSCHAK)
A public hearing was duly advertised for this time and place to rezone land located at the northwest intersection of Webbs Lane and South State Street, owned by John Konschak Estate (c/o William Konschak).
Mayor Carroll declared the hearing open.
Mr. William Semonavick of 71 Saxton Road was present stating his opposition to the proposal to rezone this property to C-1A. He felt that a zoning of limited commercial would disrupt the residential atmosphere of Kent Acres by adding additional noise, air pollution, and transient persons which often leads to rising crime.
Mr. Weyandt informed Mr. Semonavick that although the original rezoning request was for a Cl-A zoning category, the Planning Commission recommended that the rezoning be modified to a zoning category of RG-O. Mr. Weyandt felt that some of Mr. Semonavick's concerns would be eliminated with approval of the more restrictive RG-O zoning recommendation.
After discussing the various types of businesses that would be permitted in the RG-O category, Mr. Semonavick felt that he and his neighbors would not object to approval.
Mrs. Grace Matthews addressed Council, questioning if the property is being located within the corporate limits of the City of Dover. She was assured that this particular property was located within the City limits.
Mayor Carroll declared the hearing closed.
The Assistant City Clerk stated that no correspondence was received concerning the rezoning request.
Mr. VanSant questioned the legality of City Council to grant approval of the modified request to a zoning category of RG-O without written consent by the owner who originally requested CI-A.
The City Solicitor stated that Council had the authority to change the zoning to RG-O.
Mr. Christiansen alluded to the City Manager's recommendation for denial of the rezoning, stating that Mr. Bartolotta informed the Planning Commission that the City no longer has plans for sewering this area as a part of a capital improvement project. The City Manager also felt that the Route 13 by-pass could effect this parcel of land, suggesting that no consideration for rezoning should be given until details on the by-pass are finalized.
In explanation of his comments, Mr. Bartolotta stated that at one time there was a proposed development in the middle of the Rudnick Tract. The developer intended to run sewer across Route 13 into the development. The City intended to participate in this project to make the sewer deeper and larger than necessary. However, the State of Delaware plans call for the Route 13 by-pass to bisect the Rudnick Tract through the middle and also through a portion of the property before Council now proposed for rezoning. Based on this information, the Utility Committee deleted their proposed sewering project for the Rudnick Tract from the capital improvement plan, leaving no plans for City participation for sewering to this site.
Mr. Bartolotta stated that if the rezoning was approved, staff has discussed the possibility of this property being permitted to join the County sewage system at Kent Acres. As in the case of the doctors offices located on State Street, Mr. Bartolotta stated the possibility of permitting the Konschak property to have its own septic system since no City sewer system is available.
Members of Council expressed concern for allowing development in an area where City sewer is unavailable.
Mr. Weyandt moved that the rezoning request be denied until such time that the City has a definite sewage plan for that area. The motion was seconded by Mr. VanSant.
On a call for the question by Mr. Lynn, the motion to deny the rezoning request was approved by unanimous roll call vote.
The City Solicitor stated that since the denial of the rezoning is conditional upon the submission of an acceptable sewage plan, the request could be reconsidered if the sewage plan is resolved.
REZONING - PROPERTY LOCATED ON THE EAST SIDE OF SAULSBURY ROAD - PETER O. BROCKSTEDT AND LARRY MCALLISTER
A public hearing was duly advertised for this time and place to rezone land located on the east side of Saulsbury Road owned by Peter o. Brockstedt and Larry McAllister.
Mayor Carroll declared the hearing open.
Mr. Gary Harvath, construction manager for Brockstedt Associates, was present to answer any questions that Council may have concerning rezoning request.
Responding to a question by Mr. Weyandt, Mr. Harvath stated that the parcel of land presently being requested for rezoning is merely an extension of a previously approved zoning for property known as Walker Square.
Mayor Carroll declared the hearing closed.
The Assistant City Clerk stated that no correspondence was received in reference to the rezoning request.
Mr. Weyandt moved for approval of the rezoning, based on the recommendation of the Planning Commission, seconded by Mr. Christiansen and by unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EAST SIDE OF SAULSBURY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to RG-0.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to RG-0 on that property located on the east side of Saulsbury Road, owned by Peter O. Brockstedt and Larry McAllister.
ADOPTED: July 13, 1987
SAFETY ADVISORY COMMITTEE REPORT
A special meeting of the Safety Advisory Committee was held on June 29, 1987 at 7:00 p.m. with Chairman Legates presiding.
The special Safety Advisory Committee meeting was attended by many parents and children concerned with safe skateboarding in the City of Dover.
Mrs. Legates stated that the Committee considered two issues, with the first one dealing with skateboarding facilities in the City. The second item considered by the Committee was the request by parents of children in the Crossgates area to permit their children to utilize Blue Beach Drive for skateboarding during certain hours of the day when traffic is at a minimum.
Mrs. Legates stated that the issue concerning a skateboarding facility in the City is a matter that should be reviewed by the Parks and Recreation Committee and is scheduled on their agenda for July 28, 1987.
The Committee discussed proposals by parents which requested some sort of smooth surface which children could use for skateboarding, roller skating, jump rope, hop scotch, etc. A multi-use apron was suggested, approximately 10' x 201, with a smooth concrete surface. Other possibilities were discussed by the parents and members of the Committee including such considerations as a City-wide park, pocket parks, neighborhood parks, etc. and the possibility of working with area businesses and churches to utilize their parking lots on during off hours or on weekends.
Mrs. Legates stated that the Parks and Recreation Committee will consider all of these possibilities.
Concerning the issue of utilizing Blue Beach Drive during low traffic hours for skateboarding, it was the recommendation of the Committee that action be deferred pending further information from City staff.
Upon reconsideration of the matter, Mrs. Legates felt that action should be taken on the request.
Mr. Lynn stated the possible hazards involved with permitting skateboarding on City streets, feeling that other viable solutions to providing safe skateboarding areas in the City should be considered. Mr. Lynn moved to continue not allowing skateboarding on City streets other than when being utilized as a mode of transportation, which is governed by State law. The motion was seconded by Mr. Daisey and unanimously carried.
By request of Councilman Christiansen, Chief Klenoski stated that Section 14-7 of the City Code prohibits playing in the streets. He stated that according to State law, skateboards can be ridden in the road as long as the rider of the skateboard follows the rules of the road as a pedestrian is required to do.
Mr. VanSant moved for approval of the Safety Advisory Committee report, seconded by Mr. Lynn and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 6, 1987 at 7:30 p.m. with Chairman Weyandt presiding.
Kent General Hospital Exercise Facility - Review of Tax Exempt Status
The Committee considered information from the City Assessor concerning a new fitness facility by Kent General Hospital located at 601 South Governors Avenue. The building is presently listed as tax exempt property on City tax rolls.
The Committee was informed that 78% of the building is a "membership only" exercise facility. Of the 5600 square feet renovated, 1215 square feet are being utilized for hospital out-patient therapy. The remaining 4385 square feet of the building is deriving income, It is the City Assessor's feeling that Kent General Hospital should not be granted tax exempt immunity for it's fitness facility located at 601 South Governors Avenue but should be taxed as any other exercise facility located in Dover. Property taxes on 78% would amount to $816.40 ($775.58 if a 5% discount, for payment within 30 days, is allowed).
Based on opinions of the City Assessor and the City Solicitor, it was the recommendation of the Committee that Kent General Hospital Life Style Fitness Center located at 601 South Governors Avenue be assessed at 78% of the building (4385 square feet) with property taxes amounting to $816.40. It was stipulated that total taxes due would amount to $775.58 if paid within 30 days.
Mr. Weyandt moved for approval of the recommendation of the Committee, seconded by Mr. Lynn and carried by unanimous roll call vote.
Delaware Guidance Services - Request for Tax Exemption
The Committee considered a request from Delaware Guidance Services for Children and Youth, Inc. for tax exempt status for their property located at 884 Walker Road. -The organization informed the Committee that they are registered as a public charity under Section 501(c)(3) of the Internal Revenue Code and that the work conducted in their facility is primarily for charitable purposes.
The Committee had expressed concern that the tax exempt status for this organization with the Internal Revenue Code was issued for the Wilmington Child Guidance Center located in Wilmington, Delaware dated October 20, 1970. Concern was also expressed for the wording in the letter where it was stated, "since the work conducted in this facility is primarily for charitable purposes...".
Mr. Allen L. Oliver, Executive Director of Delaware Guidance Services for Children and Youth, Inc., stated that not only is his organization registered as a public charity with the Internal Revenue Code, but they are also supported by United Way and State Grant-in Aid. He further stated that the organization purchased half of a suite on Walker Road, consisting of 3200 square feet, of which is entirely occupied by their organization and is used solely for charitable purposes.
The City Solicitor, in a letter to the Committee, stated his hesitation in recommending tax exempt status for Delaware Guidance Services under Section 8103 of the Delaware Code. His primary concern is that the letter states that the condominium they recently purchased will be used primarily for charitable purposes. Section 8103 specifically excludes property held for investment although the condominium in question may be used primarily for charitable purposes, the possibility obviously exists that the secondary use of the facility may be for investment purposes. Without further assurance from Delaware Guidance Services concerning this matter, it was the recommendation of the City Solicitor that the request for tax exempt status be denied.
Responding to questions by members of Council, Mr. Rodriguez stated that requests for tax exempt status from area organizations will have to be considered by Council on a case by case basis with the individual merits of each case being reviewed. He further stated that if it is later discovered that circumstances for Delaware Guidance Services warrant tax exempt status, they could reapply at any time.
Mr. Weyandt moved for the recommendation of the Committee to deny tax exempt status for Delaware Guidance Services for Children and Youth, Inc. The motion was seconded by Mr. VanSant and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen).
Presbyterian Homes, Inc. - Request for Tax Exemption
Presbyterian Homes, Inc., owning property at the intersection of College Road and McKee Road, requested tax exempt status pursuant to 9 Delaware Code Section 8103. The request for tax exemption is for two contiguous parcels of land. The parcels of land are used by Presbyterian Homes, Inc. in conjunction with the operation of a non-profit extended health care facility. They stated that their organization is an entity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. The facility derives no profits from the operations of the property and the cost of the operation of the extended care facility in excess of receipts from patients is made up from the general funds of the facility derived from grants and donations and the income earned upon such grants and donations.
In a written opinion to the Committee, the City Solicitor felt that any tax exemption request from Presbyterian Homes, Inc. should fall under 9 Delaware Code Section 8151, rather than 9 Delaware Code Section 8103. Section 8151 exempts charitable non-profit organizations devoted to providing elderly housing. He feels that the argument certainly can be made that Presbyterian's operation and extended health facility falls under the purview Section 8151. Under Section 8151, Presbyterian would pay the City, in lieu of taxes, a special assessment not less than 10% of gross rental. The City Solicitor further expressed concern that the income derived from the Presbyterian Homes is almost certainly used to pay a mortgage on this property. Since this increases their equity, it is not at all clear whether this property is not held "by way of investment"; Section 8103 clearly excludes such property.
Attorney Lowell R. Gates from the law firm of Killian & Gephart was present representing Presbyterian Homes, Inc. Mr. Gates stated that Section 8151 of the Delaware Code applies specifically to those homes providing housing for the elderly, aged, etc. Section 8103 generally grants tax exemptions to organizations which are created for charitable purposes. He stated that Presbyterian Homes, Inc. is a charitable organization under Section 8103 and that they are exempt from taxation under that Section; thereby, not being required to seek tax exemption under Section 8151. Mr. Proctor of Presbyterian Homes, Inc. was present stating that their organization is not in the business of providing housing, but rather is providing services for very ill people. Unlike Luther Towers who provides a home for the elderly, Presbyterian Homes, Inc. is a nursing home facility providing medical care for those in need.
Referring to the letter from Presbyterian Homes, Inc., dated June 17, 1987, Mr. VanSant alluded to the wording requesting exemption from property taxes imposed by Kent County, not from the City of Dover.
It was the recommendation of the Committee that action be tabled on the request to allow time for Presbyterian Homes to clarify their request and also to allow the City Solicitor and Counselor Lowell R. Gates an opportunity to further investigate the tax exempt status of Presbyterian Homes, Inc.
Mr. Weyandt moved for the recommendation of the Committee to table action on the matter for further consideration by the Legislative and Finance Committee. The motion was seconded by Mr. Levitt and carried with Mr. Christiansen voting no.
Reinstatement of Property Tax Discount - Carol and Gilbert Neild - 20 Libertv Drive
Attorney Craig T. Ellassen, on behalf of Carol and Gilbert Neild of 20 Liberty Drive, explained that Mr. and Mrs. Neild deposited their property tax payment in the mailbox at Silver Lake Plaza on May 30, 1987. Apparently the mail was not picked up that day by the postal service resulting in the payment being received on June 2, 1987 which was after the deadline for a 5% credit for early payment. Mr. Eliassen requested that the discount for Mr. and Mrs. Neild be allowed feeling that payment was made prior to the deadline. The request is for two (2) properties owned by Mr. and Mrs. Neild.
The City Assessor explained that the policy for the cut-off date on acceptance on discounted property tax payments has been to accept those payments postmarked no later than May 31st. During this particular tax year, May 29th was a legal holiday, with the 30th and 31st falling on a Saturday and Sunday.
Mr. Lucas informed the Committee that a sign was posted on the front doors of City Hall notifying the public that City offices would be closed on Friday and recommending that any payment be dropped in the mail drop at City Hall and that they not be sent through the postal service.
Concern was expressed during Committee discussions that residents waiting until the last few days of May may not have been given ample opportunity to have their payment postmarked by May 31st since May the 29th was a legal holiday and the 30th and 31st fell on Saturday and Sunday with City offices being closed.
Mr. Townsend expressed his feeling that all property owners wishing to take advantage of the discount should have taken into consideration that City offices were closed on the legal Memorial Day holiday, and therefore, should have made payment earlier. He felt that the City would be setting a very poor precedent for future similar circumstances if the request was approved.
During the Committee meeting, a motion was made recommending that the discount be granted on all property tax payments postmarked June 1st for this year only. The motion was defeated by a vote of two (2) yes, two (2) no (Mr. Townsend and Mr. Weyandt).
Mr. Weyandt stated that federal taxes must be postmarked by April 15th, and that it is the responsibility of the taxpayer to have their taxes in the mail service in time to receive the April 15th postmark. He felt that City taxpayers have the same responsibility to make payment prior to the deadline.
Mr. Weyandt moved to deny the request of Mr. and Mrs. Neild and to not allow any discounts on payments postmarked later than May 31st. The motion was seconded by Mrs. Legates.
Responding to a question by Mr. Christiansen, Mr. Lucas stated that research revealed that should refunds be granted to those persons whose payments were postmarked June 1st, but did not receive the discount, it would entail a total of 14 property owners for a total refund of $417.00.
It was Mr. Christiansen's feeling that with the extenuating circumstances of City offices being closed on Friday and the last two days of the month falling on Saturday and Sunday, that an exception should be made for this year only.
Mr. Christiansen pointed out that had the payment been dropped in the City Hall mail drop very early Monday morning, rather than in a postal mail box over the weekend, it would have been accepted with the discount.
On a call for the question by Mr. Lynn, the motion to deny the request was carried by a roll call vote of six (6) yes, two (2) no (Mr. Christiansen and Mr.VanSant).
Reinstatement of Property Tax Discount - Capitol City.Lodge
The Committee considered a letter from Capitol City Lodge taking exception to the denial of the 5% discount for property taxes. Shashi B. Shah, Managing and Majority Partner of Capitol City Lodge, stated in his letter that although the tax bill was postmarked April 28, 1987, he did not receive the tax bill until the first week in June, therefore, making it impossible to pay the payment in time to receive the discount.
The Committee discussed the responsibility of the City to mail the tax bills on time which was done in this case. They did not feel, however, that the City could be responsible for the bill once it was mailed.
It was the recommendation of the Committee that the request for reinstatement of property tax discount for Capitol City Lodge be denied.
Mr. Weyandt moved for the recommendation of the Committee for denial of reinstatement of the property tax discount for Capitol City Lodge. The motion was seconded by Mr. Christiansen and carried by unanimous roll call vote.
Use of City Vehicles
The Legislative and Finance Committee reviewed the present policy with respect to the use of City vehicles. The Committee discussed citizen complaints stemming from City vehicles being seen at grocery stores after working hours, times when employees have been observed dropping children off at school, and when family members were observed riding in City vehicles during their lunch hour and after working hours.
It was the recommendation of the Committee that City employees be reminded of the City of Dover personnel policy relating to vehicle usage and that Section 8 of the City of Dover personnel policy continue to be enforced for all City of Dover employees. The Committee also requested that anyone observing a City vehicle that may be in violation of the policy should contact the City Manager with a vehicle number.
Maintenance of City Parking Lots
At a previous meeting of the Legislative and Finance Committee, it was suggested that the City have a written agreement with the Dover Parking Authority on the responsibility and maintenance of parking lots. The City Manager submitted information concerning the costs associated with the maintenance in order to establish a basis for future discussions with the Parking Authority, for total annual expense of $7,068.
After discussing maintenance of parking lots and revenues, the Committee generally agreed that no City funds should be budgeted for repair or upgrading of the Parking Authority lots. It was noted that acceptance of the lots should be obtained in writing from the Parking Authority.
The Committee also expressed great concern that the Parking Authority has not kept members of Council abreast of progress and recommended that the Parking Authority be requested to submit a progress report to Council.
Mr. Weyandt stated that the City is preparing to obtain permission for a downtown study. The progress report from the Parking Authority would allow the City to coordinate the downtown study with any proposals the Parking Authority may have for a study.
Mr. Weyandt moved for approval of the recommendation of the Committee, requesting that the Parking Authority submit a progress report to Council. The motion was seconded by Mr. VanSant and unanimously carried.
1987/88 Propertv/Casualtv Insurance Coverages
In conjunction with Council policy, the City formally bids property/casualty insurance coverages every three (3) years. Since this was accomplished in 1986, no formal quotes were taken for 1987. However, the City's agent of record, Hardesty Insurance Agency, informally solicited quotes from various insurance companies. The lowest responsible quotes are listed in the 1987/88 Property/Casualty Insurance Report.
The Committee recommended approval of the 1987/88 insurance coverages as proposed by the City Manager and as more fully described as follows:
A. CITY MANAGER/SENIOR SURREY BUDGET
TYPE COVERAGE COMPANY PREMIUM
Automotive $1 Million Selective Insurance $74,442
Institutional $13.5 Million Selective Insurance 34,562
Comp. Gen. Liability $1 Million Selective Insurance 258,307
EDP $98,000 Firemen's Fund 824
Public Officials $2 Million Internat'l. Surplus Lines 38,471
F.P. Bonds $100/50,000 Ind.
$50,000 Blanket Selective Insurance 4,248
$410,854
B. ELECTRIC ADMINISTRATION BUDGET
TYPE COVERAGE COMPANY PREMIUM
Extra Expense $2 Million American Insurance $23,987
Boiler/Machines $25 Million Home Insurance 65,075
Power Plant Property $70 Million Ins. Co. of North America 99,563
$188,625
C. CITY WIDE
TYPE COVERAGE COMPANY PREMIUM
Worker's Comp. Per State Law Selective insurance $167,818
Mr. Weyandt moved for approval of the 1987/88 Property/Casualty Insurance Coverages as recommended by the Legislative and Finance Committee, seconded by Mr. VanSant. On a call for the question by Mr. Lynn, the motion was approved by unanimous roll call vote.
Downtown Study
The Committee considered a request by Councilman Richter for authorization to initiate a downtown study, feeling that the revitalization of the downtown area is vital to the continued growth of the community.
The Committee discussed possible funding sources and also suggested that the Parking Authority be included in the planning stages of the downtown study.
It was the recommendation of the Committee that authorization be approved for the City Manager, the City Planner and the Parking Authority to develop a conceptual plan of proposed center city improvements which will be submitted to the Legislative and Finance Committee for review.
Mr. Weyandt moved for the approval of the Committee recommendation, seconded by Mr. Lynn and unanimously carried.
Mr. Christiansen moved for approval of the Legislative and Finance Committee report, seconded by Mr. VanSant and unanimously carried.
BANKING PROPOSAL
The Assistant City Clerk read into the record the following banking proposal as recommended by the Finance Director, Mike Karia, and the City of Dover's financial advisors.
"That Delaware Trust Company be selected for banking services for the City of Dover's large accounts and that other banks be continued as depositories to provide facilities and flexibility when special accounts are required."
As a matter of clarification, Mr. Lynn suggested that the proposal also include wording to allow Delaware Trust to continue as depositories for small accounts as well as for large accounts.
Mr. Weyandt moved that Delaware Trust Company be selected for banking services for the City of Dover's large accounts and that Delaware Trust and other banks be continued as depositories to provide facilities and flexibility when special accounts are required. The motion was seconded by Mr. VanSant and carried by roll call vote of seven (7) yes, one (1) no (Mr. Richter).
ANNEXATION REQUEST - DELMARVA BROADCASTING - WHITEOAK ROAD
During the Utility Committee meeting of June 10, 1987, the Committee considered an annexation request of Delmarva Broadcasting Services for approximately 5.4 acres of land located on Whiteoak Road. The Department of Natural Resources has determined the property is unsuitable for an on-site disposal system, especially with the City gravity sewer line on the front of the property.
The Utility Committee directed the City Manager to poll other property owners in the area to determine their interest in annexation. In a report to Council, Mr. Bartolotta stated that five (5) property owners in the immediate area of Delmarva Broadcasting are interested in annexation. The other property owners did not respond to the poll and could not be reached by telephone. All properties with frontage on Whiteoak Road can be served City water and sewer.
It was the recommendation of the City Manager that two simultaneous annexation referendums be held; one for Delmarva Broadcasting only; and the other for Delmarva Broadcasting plus parcel numbers 66, 62, 63, 61, 60, 58, 59, 65 and 57.
Mr. VanSant voiced his disagreement, with skipping over those property owners objecting to the annexation and to holding a referendum for only those property owners expressing an interest thereby creating an island for the properties to be annexed. Mr. Bartolotta concurred that some properties would be skipped over in the proposed referendum; however, there would be no island created by either of the referendums as he proposed the