REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on April 27, 1987 at 7:30 p.m. with Mayor Carroll presiding. Council Members present were Councilmen Ambruso, Legates, Lynn, Christiansen, Witt, Weyandt and VanSant. Mr. Richter was absent.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested an additional agenda item to present a motion on Council floor concerning an environmental study of Silver Lake.
Mrs. Legates requested an additional agenda item for submission of a letter from Mr. William Hufnal concerning the proposed one percent (1%) real estate transfer tax, mechanized trash collection, sewer and water connection fees, and the four dollar ($4.00) electric customer charge.
Mayor Carroll requested the addition of two letters of correspondence: a letter from Dr. Row concerning Constitution Park and a letter from Central Delaware Clinical Service, Inc. related to tax exemption status.
Mayor Carroll noted that City Solicitor Rodriguez has requested an executive session to discuss legal matters.
By a motion of Mr. Weyandt seconded by Mr. Christiansen that Council agenda was approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 13, 1987
The Minutes of the Regular Council Meeting of April 13, 1987 were unanimously approved by motion of Mr. Witt, seconded by Mr. Lynn and bore the written approval of Mayor Carroll.
ELECTION RESULTS - APRIL 29, 1987 MUNICIPAL ELECTION
City Clerk read into the record the following election results for the April 20, 1987 municipal election.
First District Total Votes
C. Edward Dahn 735
Jack Richter 1,631
Second District
Michael J. Ambruso 768
William H. Daisey 971
Robert H. Tudor 752
Third District
Irving S. Levitt 1,241
Charles L. Witt 1,155
Fourth District
Robin Christiansen 1,443
Beverly C. Williams 1,015
Total Votes Cast - 2,530
Total Registered Voters - 4,626
By motion of Mr. Witt, seconded by Mr. VanSant, the results of the April 20, 1987 municipal election were unanimously approved as submitted.
TAX EXEMPT APPEAL - LUTHER TOWERS II
Mayor Carroll noted a letter from Mr. Richard L. Hurst, Executive Director, Luther Towers of Dover I and II, requesting that the discussion of tax exemption for Towers II be deferred until the May 11, 1987 meeting.
Question by Mr. VanSant, Solicitor Rodriguez stated that his written opinion to Council stating that Luther Towers II does not qualify as a tax exempt facility has not changed.
Mr. VanSant moved to remove the matter of Luther Towers II tax exempt appeal from the table. The motion was seconded by Mr. Weyandt and unanimously carried.
Question by Mr. Weyandt, Mr. Rodriguez stated that he has not had an opportunity to meet with Mr. Twilley, the attorney for Luther Towers II. He has reviewed the letter written by Attorney Twilley to Council outlining his opinion that Luther Towers qualifies as a tax exempt facility. Unless Mr. Twilley should submit further materials substantiating his opinion of tax exempt of Luther Towers, City Solicitor Rodriguez stated that his own opinion that Luther Towers does not qualify for tax exemption still stands.
Mr. VanSant moved for denial for tax exemption for Luther Towers II, seconded by Mr. Weyandt and carried by unanimous roll call vote with Mr. Richter absent.
It was noted that Assessor Lucas will notify Luther Towers II of Council’s decision concerning tax exemption.
MONTHLY REPORTS - MARCH
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously adopted the following reports for the month of March:
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
Parking Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
UTILITY COMMITTEE REPORT
The Utility Committee met on April 14, 1987 at 4:00 p.m. with Chairman Richter presiding. In the absence of Councilman Richter, Councilman VanSant submitted the report.
Water/Sewer Tapping Fees
Councilman VanSant advised that staff compiled a policy fee structure for water and sewer tapping fees for discussion by the Committee.
On the installation of a new water or sewer line, three quarters to one inch, a fee of $1450 was proposed which would include the tapping fee. On installations above one inch, the customer would have a choice of paying the $1450 fee or obtaining a private source to perform the work. In the case of sewage, a fee of up to $1750 was proposed for a maximum line size of four inches. On a sewage line of over four inches, the customer would have a choice of obtaining outside installation with the City making the tap only.
It was the opinion of the Utility Committee that those wishing to install a three quarter inch to one inch size should have the same choice for outside installation as those above the one inch pipe size. The Committee was also concerned that the $1450 and $1750 service fee charge is based on an average. They suggested that Staff come back with a proposed per foot charge versus a flat fee.
Mr. VanSant stated that the proposed water/sewer tapping fees report is for information only and that the Utility Committee will reconsider this item for presentation to Council.
Burner Replacement Bids
The Committee received a report from Mr. Jack French concerning a recent bid opening to replace the burners for McKee Run Unit 3. The burners are seriously worn and since original installation, environmental requirements have become more restricted and burner designs improved to meet these requirements.
Bids were received from Control Systems Company, Coen Company, Inc., Forney Engineering, Babcox and Wilcox Company, Peabody and Fuel Tech. All bids were reviewed by Consultants for the City, Stone and Webster.
Mr. VanSant advised that Fuel Tech representatives were present to contest the bid selection by Stone and Webster.
Mr. VanSant advised that the Utility Committee recommended awarding the bid to Forney Engineering in the amount of $1,110,530.
Mr. VanSant moved for the recommendation of the Committee, seconded by Mr. Christiansen.
Mr. Weyandt reminded those present that the recommendation of awarding the bid to Forney Engineering was based on a suggestion that Solicitor Rodriguez review the bid and bid procedures prior to approval of Council.
Mr. Rodriguez stated that he had discussed the matter of the bids with engineer Jack French at McKee Run and is award that two bids were opened after the time designated for the bid opening. Since the bid document states that the City of Dover reserves the right to accept or reject any and all bids and the City is relying on their consulting engineers expertise in the evaluation of the bids, it was the Solicitor’s opinion that Council is legally within their rights to accept the bid of Forney Engineering. It was also noted that although Fuel Tech’s bid was opened after the designated bid opening time, the bid was considered in the overall analysis in all bids submitted.
By roll call vote of seven (7) yes, Mr. Richter absent, Council approved the bid of Forney Engineering in the amount of $1,110,530.
Asbestos Abatement Survey
Staff submitted an asbestos abatement survey in City facilities noting that asbestos was found in the dome ceiling in the Council Chambers, the boiler room of the police department, mechanical room at the Recreation Center and the boiler room at PW II.
All areas with asbestos, with the exception of PW II, were classified as low priority areas.
Staff recommended that asbestos in all areas, except for the City Hall Council Chambers, be removed.
Utility Committee recommended approval of staff’s recommendation stipulating that cost figures be compiled for replacement of the dome ceiling in the Council Chambers and the remaining three locations subject to funding.
Mr. VanSant moved for approval of the Committee recommendation, seconded by Mrs. Legates and carried by unanimous roll call vote.
Purchasing Standards - Bid Bonds
Mr. VanSant stated that the Utility Committee wanted to insure that the cost of bid preparation is passed on to those firms who received the information. This resulted in an amendment to paragraph 3.1 and paragraph 3.2 of the purchasing policy.
Mr. VanSant moved for approval of the amendments to the purchasing policy, seconded by Mr. Lynn and unanimously carried.
Street Program
In accordance with Council’s request, the Engineering Department revised the plan for the five year street resurfacing program, combining two years.
Mr. VanSant reviewed the five year program as follows:
1987
Streets - $ 479,700
Curbs - 61,300
Total - $ 541,000
1988
Streets - $ 930,100
Curbs 92,900
Total - $1,023,000
1989
Streets - $ 230,000
Curbs 24,000
Total - $ 254,000
1990
Streets - $ 240,000
Curbs 25,000
Total - $ 265,000
1991
Streets - $ 250,000
Curbs 26,000
Total - $ 276,000
Mr. VanSant pointed out that the 1987 program might be short $100,000 which would increase the subsequent year by $100,000.
Mr. VanSant advised that the street program funding could mandate a bond referendum of $1,000,000 and it is possible that a $400,000 grant from the State could be considered in the compressed five year street program.
Per recommendation of the Committee Mr. VanSant moved for approval of the five year street program as submitted, seconded by Mr. Christiansen and carried by vote of six (6) yes, one (1) no, Mr. Weyandt, with Mr. Richter absent.
Electric Customer Service Charge
Councilman Christiansen suggested that the electric customer service charge of $4.00 be incorporated in the kilowatt hour rate as opposed to being shown as a separate line on the bill.
The Committee felt that the method of showing the customer service charge on an electric bill as a separate item should not be changed, noting that this is a practice of the industry and the City of Dover is merely trying to break out the charge from the rate structure in an effort to be up-front and entirely honest with the electric customer.
Mr. VanSant pointed out the difficulty in explaining declining block rates to the average customer. The electric service charge as now shown was a part of that declining rate. The present practice of showing the $4.00 customer service charge affords a method of treating each customer in the same manner for the first 1,000 kilowatts used.
The aforementioned reasoning is the basis for the Committee recommending that the present method of billing not be changed.
Storer Cable
The Committee discussed an opinion from the City Solicitor relative to monies derived from the home shopping network by Storer Cable. In the opinion of the Solicitor, the franchise fees paid to the City of Dover should include income received by Storer through the home shopping network.
The Committee recommended that the City Solicitor compose a letter to Storer Cable addressing their income derived from the home shopping network as a part of the five percent franchise fee paid to the City. It was also recommended that the proposed fee for City of Dover utility poles used by Storer be initiated. Storer Cable is to be put on notice that the City will be reviewing their financial statement to insure that the home shopping network income is included in the five percent fee.
Mr. VanSant moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
During the Committee meeting, Mr. VanSant requested that the City Solicitor review the federal law concerning satellite dishes to determine if the City Ordinance is in conflict with any regulations concerning fair competition.
It was also suggested that satellite dish regulations be reviewed with Mr. Roe prior to submission to the City Solicitor.
Mr. VanSant moved for approval of the Utility Committee report as submitted, seconded by Mr. Weyandt and unanimously carried.
SILVER LAKE CLEAN UP - AVAILABLE FUNDS ENVIRONMENTAL PROTECTION AGENCY
Mr. Weyandt advised of a meeting at 6:30 p.m. prior to the Council meeting concerning the possibility of a grant from the Environmental Protection Agency to assist in the environmental clean up of Silver Lake. A presentation was given by Mr. Blosser, a representative of EPA, who explained the scheduling and funding of a comprehensive study of the lake environment.
Mr. Weyandt stated that the deadline set for filing for the funds is May 8, 1987. Funds available was estimated at approximately $28,000 with the City of Dover matching $12,000. There is a possibility that in-kind services from the City of Dover will qualify as a part of the City’s $12,000 matching funds.
Mr. Weyandt moved that the City allocate up to $12,000 to initiate an environmental study of Silver Lake funds to be derived from the existing bond issue. The motion was seconded by Mr. VanSant, and carried by unanimous roll call vote with Mr. Richter absent.
CITY MANAGER'S REPORT - ROBIN HOSE COMPANY APRIL
The City Manager submitted his semi-annual inspection of the Robin Hose Company. His written report indicated that the department is in the process of obtaining a clarification of which fire district is responsible for the new Kent County industrial park and the Reily Brown school.
The new pumper truck has been received and placed in operation, labeled engine three, and replacing engine eight. The possibility of establishing a fire brigade on each shift at McKee Run Power Plant was discussed and Chief Willson agreed to pursue the development of such a plan.
It was noted that the two new water storage tanks would provide the City with much needed fire fighting reserve, especially during the peak summer, which are high water consumption months.
The City Manager found the Fire Department in excellent condition with no major problems of any type.
Question by Mrs. Legates, Chief Willson advised, that engine eight is a 1952 Mack and will be held by the Robins Hose Company for its aesthetic or antique value. As of July 1, 1987, Robins Hose Company will assume all expenses for maintenance. He added that engine number eight is still operable and could be used when needed.
Mr. Witt moved for acceptance of the City Manager’s semi-annual inspection of the Robins Hose Company, seconded by Mr. Christiansen and unanimously carried.
CORRESPONDENCE
Government Finance Officers Association - Award of Certificate of Achievement For Excellence in Financial Reporting - Treasurer/Finance Director - Mike C. Karia
A letter to Mayor Carroll gave notification that the City of Dover’s annual financial report qualifies for a certificate of achievement for excellence in financial reporting.
Treasurer/Finance Director, Mike Karia, will receive a certificate of achievement award which is the highest form of recognition in the area of governmental accounting and financial reporting.
Mayor Carroll presented Mr. Karia with the certificate of achievement, congratulating him on the excellent work performed by his department.
Mr. Karia presented Mrs. Donna Marvel, Mrs. Janice Green, Ms. Linda Grimm and Mrs. Terry Rolison, personnel of his office extending his thanks and appreciation for their hard work and dedication to their assignments.
It was noted that this will be the second consecutive year the Mr. Karia’s department has received this award. Mayor Carroll also stated that a very small percentage of municipal governments in the United States obtain this achievement and the City of Dover is proud that they employ personnel that can achieve this much deserved honor.
Department of Natural Resources - Coastal Energy Impact Program Fund Assistance
A letter from Mr. David S. Hugg, III, Executive Assistant Program Manager, Department of Natural Resources advised of the availability of coastal energy impact program fund assistance. Facility planning needs should be submitted by May 15, 1987.
Mr. Witt moved for referral to the Parks and Recreation Committee, seconded by Mr. Lynn and unanimously carried.
Bill Satterfield - Traffic Flow Complaints
A letter from Mr. Bill Satterfield pointed out what he considered a useless traffic light located at the corner of West Division and Ridgely Streets. He also advised of an ineffective “no left turn” sign on Governor’s Avenue at the entrance to the Acme Market. Mr. Satterfield stated that vehicles are ignoring the one-way prohibition on Bradford Street between Cecil and Mary.
Mr. VanSant moved for referral to the Safety Advisory Committee, seconded by Mr. Lynn and unanimously carried.
Kent County Planning Office - Comprehensive Plan Update Workshop
A notice from the Kent County Planning Office advised of a workshop on April 30, 1987, 7:30 p.m. concerning a final draft of the comprehensive plan.
Mr. Lynn moved to acknowledge receipt of the notice, seconded by Mrs. Legates and unanimously carried.
Chamber of Commerce of Milford - Proposed City Hotel/Motel Tax
The Chamber of Commerce of Milford requested the City of Dover Council’s reconsideration of a hotel/motel lodging tax, feeling that the tax would be detrimental to an ongoing effort to stimulate potential visitors and tourism.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
Dover World Outreach Church - Request for Electric Power and Meeting Tent - VFW Post - Salisbury Road
A letter from Dean I. Potts, Dover World Outreach Church, requested permission to erect a large tent on the VFW property, Salisbury Road, for the purpose of holding meetings between May 16 and May 26. Mr. Potts also requested electric power from the City of Dover.
Mr. Christiansen moved for referral to the City Manager, Chief of Police, and Building Inspector, seconded by Mr. Weyandt and unanimously carried.
Mr. Roe advised that Council would be required to approve the function since the erection of a tent would be in violation of the zoning ordinance.
Mayor Carroll suggested that the City Manager, Chief of Police, and Building Inspector acquire all the necessary information from Mr. Potts for submittal to Council before further action.
Request for Further Review of Tax Appeal - Beulah Gray - 722 Forest Street
A letter to Mayor and Council from Beulah Gray requested reconsideration of her tax appeal.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mrs. Legates and unanimously carried.
City Assessor Lucan advised that he would correspond with Ms. Gray, noting that tax appeals for this year are closed and her only recourse would be court action.
William Hufnal - Objections to 1% Real Estate Tax - Mechanized Trash Collection - $4 Electric Customer Charge - Sewer and Water Tapping Fees
A letter from Mr. William Hufnal expressed his objections to a proposed 1% real estate transfer tax, the initiation of mechanized trash collection, proposed sewer and water tapping fees, and the $4 customer charge appearing on electric bills.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Weyandt and unanimously carried.
Dr. Row - Responsibility of Constitution Park
A letter from Dr. Howard E. Row, chairman of the Bicentennial Sculpture Committee, requested that the City accept responsibility to award contracts for the proposed construction of Constitution Park. He advised that a memorandum of agreement will be submitted to the City for signing at a future date.
Mr. Witt moved for referral to the Paks and Recreation Committee, seconded by Mr. Lynn and unanimously carried.
Central Delaware Clinical Services Inc. - 800 S. Bradford Street - Tax Exemption Request
A letter from John H. Hopkins, Controller for Central Delaware Clinical Services, Inc., requested tax exemption for their facility located at 800 S. Bradford Street. Mr. Hopkins advised that the facility is a tax exempt organization which operates an out-patient radiology clinic and can engage in other health care activities on behalf of Kent General Hospital.
Mr. Witt moved that City Assessor Lucas correspond with Central Delaware Clinical Services advising that tax appeals have been held for the 1987/88 fiscal year.
Mr. VanSant moved for adjournment into executive session to discuss legal matters, seconded by Mr. Weyandt and unanimous carried.
Meeting Adjourned at 8:25 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 27, 1987, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
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