REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on February 23, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Mr. Richter, Mrs. Legates, Mr. Lynn, Mr. Christiansen, Mr. Witt, Mr. Weyandt and Mr. VanSant. Mr. Ambruso was absent.
In the absence of the Reverend J. H. Williams, Council Chaplain, Mr. VanSant offered the invocation.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested two additions to the agenda under correspondence; those being a letter from the New Jerusalem Baptist Church and a letter from Ms. Ruth Tee, listing complaints concerning the community of Edgehill.
Mr. Witt requested additional agenda items to present a letter from Ms. Sharon Yoder concerning parking downtown and correspondence from Mr. Ben Bowings in relation to mechanized trash pickup.
Mr. Richter requested an additional agenda item to consider a request by the City Clerk for vacation.
The agenda was unanimously approved as amended.
RESOLUTION - FRANCIS L. TURNER
By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously adopted the following resolutions:
WHEREAS, Francis L. Turner, a lifetime resident and former City Councilman of the City of Dover, passed away on February 14, 1987, greatly saddening Mayor and Council and his many friends, and
WHEREAS, Francis L. Turner faithfully served as Councilman of the City of Dover from 1957 to 1963 and was appointed to the Dover Planning Commission in 1959; and
WHEREAS, Francis L. Turner served on the Board of the Dover Housing Authority, as well as the Elizabeth W. Murphey School Board. Mr. Turner was Treasurer for the board of St. Paul's Brotherhood of Peoples Church, was a member of the Delaware Consistory and active in DeMolay where he was awarded the DeMolay Legion of Honor.
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 regret for the death of Francis L. Turner and extend their deepest sympathy to his daughter, Linda T. Nickel of Wilmington.
2. The Mayor and Council extend their appreciation for the contributions made by Francis L. Turner when serving as a member of Council from 1957 to 1963.
3. The Mayor and Council direct the City Clerk of Council to place this resolution in the permanent records of the City of Dover in recognition of the services contributed by Francis L. Turner to his community and country.
ADOPTED: February 23, 1987
RESOLUTION - RALPH H. BOYER
By motion of Mr. Witt, seconded by Mr. Lynn, Council unanimously adopted the following resolution:
WHEREAS, Ralph H. Boyer, a respected lifetime resident and businessman of the City of Dover, passed away on February 16, 1987 after a long illness; and
WHEREAS, Ralph H. Boyer will be respectfully remembered as a leader in the community serving in numerous capacities with determination and dedication; and
WHEREAS, his many accomplishments include serving the Robbins Hose Company for over 50 years, being the first Delaware firefighter to be inducted into the Delmarva Fireman's Hall of Fame; served as president emeritus of the Delaware Volunteer Fireman's Association, which he helped found in 1950 serving as the first elected president; received the Paul Harris Award in 1982; the Edgar W. "Buck" Buchanan award for outstanding citizenship in 1985, and was instrumental in organizing the Dover Pony League.
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 deepest sympathy to the wife of Ralph H. Boyer, Mrs. Bertha W. Boyer, and his son Charles H. Boyer.
2. Ralph H. Boyer, a dedicated citizen of the City of Dover will be missed by his many friends throughout the State of Delaware and the void that he leaves will be difficult to overcome.
3. The Mayor and Council, in recognition of the many contributions to the community, graciously given by Ralph H. Boyer, direct the City Clerk to place this resolution in the permanent records of the City of Dover.
ADOPTED: February 23, 1987
MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 9, 1987
The Minutes of the Regular Council Meeting of February 9, 1987 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. VanSant and bore the written approval of Mayor Carroll.
REZONING OF LAND - SOUTHEAST CORNER OF ROUTE #8 AND MIFFLIN ROAD - C & F ENTERPRISES, INC.
Mayor Carroll noted that the public hearing for rezoning the land was held on February 9, 1987 and action was tabled pending referral back to the Planning Commission for parcel #1. He also noted a resubmission of the petition presented to Council during a public hearing on February 9, 1987.
Mr. Richter moved to remove the rezoning from the table, seconded by Mrs. Legates and unanimously carried.
Mr. Weyandt requested that the following memorandum to the Planning Commission from the City Planner and the Planning Commission be read into the record:
“TO: Mayor and Council
FROM:Dover Planning Commission
Attached you will find my memo to the Planning Commission in reference to the request of City Council and the original Planning Commission recommendation to City Council which you had at the public hearing on February 9, 1987. At the Planning Commission Meeting on Tuesday, February 16, 1987 the following motion was made by Mr. Still, seconded by Mr. Shank to be forwarded to the Dover City Council.
Mr. Still said since he made the motion the last time and he said he guessed they could pick it up from there, the intent of that motion was to give the applicant the choice as to which zoning was more applicable to him. He said he fully endorsed the Planner's professional comments as noted in February 10th memorandum and the attachments he gave and he would move for C-1A to be the recommendation with the other two parcels remaining as they were zoned. Seconded by Mr. Shank. Voice vote was unanimous of those present."
Mr. Lynn moved to approve C-1A zoning for the commercial site, R-10 (residential) for land along Mifflin Road, and R-8 for the parcel east of the R-10 zoning, based on the recommendation of the Planning Commission and comments of the City Planner as aforementioned. The motion was seconded by Mr. VanSant. By a roll call vote of six (6) yes, one (1) no (Mr. Christiansen), with Mr. Ambruso absent, 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 SOUTHEAST CORNER OF ROUTE #8 AND MIFFLIN 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 R-20 to R-8, R-10 and C-1A.
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-10 to R-8, R-10 and C-1A on that property located on the southeast corner of Route #8 and Mifflin Road, owned by C & F Enterprises, Inc.
ADOPTED: February 23, 1987
HAMLET SIDEWALK ASSESSMENTS STATUS - REVIEW CONDUCTED BY SOLICITOR Mr. Christiansen moved to remove the Hamlet sidewalk assessments from the table, seconded by Mr. Lynn and unanimously carried.
Mayor Carroll noted that an appeals for sidewalk assessments at the Hamlet was held on February 2, 1987 due to appeals submitted by Ms. Judith Fowler for 85 Village Drive and Mr. Scott Adamson for 44 Forest Creek Drive. Council heard the appeals of Mr. Adamson and Ms. Fowler and the appeals hearing was closed. At that time, Council tabled further action pending a review and recommendation from the City Solicitor.
Mr. Weyandt moved that the opinion submitted by Deputy Solicitor Douglas B. Catts concerning the appeals of Mr. Adamson and Ms. Fowler be made a part of the official record. The motion was seconded by Mr. Christiansen and unanimously carried.
The opinion, as submitted to Mayor and Council, is as follows:
"Dear Mayor and Council:
At the Council meeting on February 2, 1987, the Mayor and Council requested that I meet with the City Manager and appropriate staff to investigate the facts relating to the appeals of Scott R. Adamson and Judith S. Fowler. The subject matter of their appeals was the sidewalk repair in The Hamlet.
The appeals center around preliminary discussions with The Hamlet Association representatives. In particular, a printout during the times of negotiations for a coordinated effort for sidewalk repair stated that Scott Adamson would have eight feet of apron repaired. By Judith Fowler's name, there was a blank space.
First of all, the preliminary printout was not the official City notice. Instead, it was an effort on the part of the City staff to coordinate efforts with The Hamlet Association. Section 28 of the Charter provides the requirements for notice of repairs. Proper notice was given to the land owners by letter dated October 22, 1985, from the City Manager. That letter, which each appellant acknowledged receiving, is the key to this matter. Section 28 of the Charter provides that the City Manager may give notice to a land owner to repair sidewalks within a period of 15 days. The letter of October 22, 1985, was more lenient, giving a period of 30 days. The letter of October 22, 1985, properly pointed out that the failure of an owner to improve the sidewalk and apron or any portion thereof can cause the City to make the necessary repairs and cause the owner to pay the City. Neither Mr. Adamson nor Ms. Fowler repaired the sidewalks. Final assessment which was duly served upon the two individuals showed that Mr. Adamson had 17 feet of frontage repaired and that Ms. Fowler had 19.30 feet repaired. The appropriate charges for assessments were made.
The key to whether or not the City can charge for the assessments deals with the question of whether or not the appellants had due process. The letter of October 22, 1985, constituted proper notice for due process. I note that the letter did not contain the estimate of how much it would cost the City to do the work, but notice was simply given to the land owners to repair the sidewalks themselves or have the City do so. Therefore, the fact that the land owners did not repair it themselves despite notice gave the City authority to repair the sidewalks. Still there is a necessity for due process relating to the amount assessed. That due process right has been preserved by permitting the parties to appeal as they have done in these cases. It is imperative that the parties have a right to appeal relating to the amount of the assessment but that right of appeal may come after the work has been accomplished. The parties already had the due process right to do their own work and thus would have avoided having the City take the responsibility of doing the work.
I would like to address these cases one at a time. As for Ms. Fowler's, it is my opinion that she has had proper due process and that the City should charge her for the work done. She was given notice by the letter dated October 22, 1985, that she could repair her own sidewalk or have the City do it. The City did it in full view. Although there was a blank next to her name in the preliminary printout (not the official notice of the City which constituted due process), she certainly had some duty to inquire when she received the October 22, 1985, letter telling her to repair her sidewalks. That in itself would certainly supercede any preliminary negotiations relating to the amount that she would be assessed. By her not repairing her own sidewalk, the City had a right to repair the sidewalk and assess her. In this connection, she had a due process right to appeal, which she did. It is my opinion that she has been properly charged for the amount of work done and that she should be so assessed and pay.
As for Mr. Adamson, the case Is similar but there is an important difference. Although the preliminary printout did not constitute official notice under the Charter, I believe that It tainted the notice which Mr. Adamson received by letter dated October 22, 1985. In this connection, the letter did not state how much he would be assessed. believe due to the City's having given a printout of eight feet that he was permitted to rely to some degree on that estimate. Therefore, his notice was only that the sidewalks would have to be repaired by him or the City would do it. Coupled with that was the original estimate for eight feet.
Accordingly, I do not think that he was able to consciously exercise his due process right of deciding whether or not to repair the sidewalk himself. I distinguish this from Ms. Fowler's case where she had a blank next to her name in the preliminary printout and then received official notice to repair her street. That in itself was a complete change from her interpretation of the original printout. On the other hand, Mr. Adamson, I believe, had a right to rely on the original printout in that no footage was mentioned In the October 22, 1985, letter. Therefore, I think that Mr. Adamson should only be charged for eight feet.
At the Council meeting, the Mayor and Council asked for recommendations from the City Solicitor's office for future sidewalk repair work. First of all, let me state I believe that due process rights were properly exercised per the procedure set forth by the City staff. The only possible flaw that I see from a due process standpoint is whether or not there should be an estimate at the time the Section 28 notice letter is sent to the land owners. In this connection, I do not believe so on the grounds that it is only a notice letter to inform the land owners to repair their own sidewalks or have jurisdiction conferred to the City to do so. Since there is another due process hearing for an appeal relating to the reasonableness of what the City has charged, I think that due process has been accomplished. However, if the matter were ever litigated, I can see where a judge might decide that due process was not exercised because the amount was not in the original notice. This is certainly not my opinion but a judge can disagree with a lawyer's opinion. To be safer, It might be better to include an estimate in the notice letter. In speak to the staff, I realize it may at times be impossible to give an exact amount of footage. However, I believe that the staff could give an estimate of within 15 percent. Therefore, the notice letter could state that there will be a certain amount of feet and it will cost a certain amount of money and state that there could be variations in the estimate of up to 15 percent. In addition to having such an estimate in the notice letter to satisfy any judge who may disagree with my opinion, it would also avoid the problem of any taint on the due process of a land owner, such as in Mr. Adamson's case. Had his Section 28 notice included the estimated amount of feet and cost within a 15 percent deviation, his due process rights would certainly not have been tainted by the preliminary printout.
If you have any more questions on this, please do not hesitate to contact me.
Very truly yours,
Douglas B. Catts"
Mr. Richter moved for denial of the sidewalk assessment appeal as submitted by Mr. Scott R. Adamson and Ms. Judith S. Fowler. The motion was seconded by Mr. Weyandt for discussion purposes.
Mr. VanSant noted that the Solicitor's opinion indicated some grounds for granting Mr. Scott R. Adamson his appeal request but felt that Ms. Judith S. Fowler was properly notified and was aware of an increase In the sidewalk repair over the original estimate.
Mr. Richter noted that Mr. Adamson's property was enhanced by the sidewalk repairs and the work as billed was performed.
By a roll call vote of four (4) no, three (3) yes (Mr. Richter, Mrs. Legates and Mr. Weyandt), the motion to deny the appeals was not approved.
Mr. Christiansen moved to grant Mr. Adamson, 45 Forest Creek Drive, his appeal for a reduction of 91 from his frontage assessment billing. The motion was seconded by Mr. VanSant and carried by a vote of four (4) yes, three (3) no (Mr. Richter, Mrs. Legates and Mr. Weyandt) with Mr. Ambruso absent.
Mr. Lynn questioned approval of the motion since the vote to grant the appeal was four (4) yes, three (3) no, and one (1) absent.
City Solicitor Rodriguez stated that the motion was a simple motion that can be carried by a majority of those Council members present. If the motion was related to a resolution or ordinance, then a majority of those elected Council members would be necessary.
Mr. VanSant moved that the sidewalk assessment appeal of Ms. Fowler be denied, seconded by Mr. Witt and carried by a unanimous roll call vote (Mr. Ambruso absent).
Mr. Weyandt moved that any billings pertaining to assessments be submitted to the City Solicitor for review prior to mailing of the assessment to the property owner. The motion was seconded by Mr. Christiansen and unanimously carried.
MONTHLY REPORTS - FEBRUARY
Mr. Bartolotta noted the Water and Sewer Fund Revenues are behind the projected income. This is mainly due to the lag in billing the County sewage treatment bill. Sewage that was treated for October, November and December will not billed by the City until April.
It was suggested that the City Manager look into the possibility of a monthly billing from the County and the matter be referred to the Utility Committee for further discussion.
By motion of Mr. Christiansen, seconded by Mr. Weyandt, the following monthly reports for February were unanimously approved:
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 - Cash Receipts & Disbursements Report
UTILITY COMMITTEE REPORT
The Utility Committee met on February 11, 1987 at 7:30 p.m. with Chairman Richter presiding.
Bicentennial Village II - Acceptance of Streets
The developer of Bicentennial Village II requested that streets and utilities within the subdivision be accepted for maintenance and ownership by the City. City staff has inspected the improvements and provided the developer with a list of repairs. All work on the list of repairs has been completed with the exception of a patch in the Continental Drive cul-de-sac. The patch will be rotomilled and repaved in accordance with City standards. Any maintenance required after acceptance will be covered by the bond or letter of credit.
Mr. Richter moved for the acceptance of streets in Bicentennial Village II under the conditions stipulated by City staff that the patch in the cul-de-sac of Continental Drive be rotomilled and repaved. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Ambruso absent).
Storer Cable Television Update
The committee discussed numerous complaints from citizens concerning Storer Cable Television rate increases and the suit now in progress between the National League of Cities and the FCC. The suit challenges the concept of taking away the basic rate regulations from municipalities.
Mr. Richter advised that the committee has suggested that the City Manager pursue the possibility of a municipal cable television service.
Mechanized Refuse Collection
Mr. Richter stated that the City has discussed mechanized refuse collection for approximately one year. On-site demonstrations have been witnessed by members of staff and Council. Questions by concerned citizens related to handling the trash containers have been reviewed by the committee.
The City Manager submitted a three-year budget relative to the current system of refuse collection and a three-year budget utilizing an automated refuse system. The report indicated that the first two years' cost of the mechanized system is significant due to the purchase of containers and vehicles. From the third year to the tenth year there would be a $250,000 savings per year.
Mr. Richter advised that the plan calls for furnishing all residential customers a container. Commercial users will be required to purchase their own containers. Developers of any new growth sections will be required to furnish containers. These containers would be assigned to each individual home.
Mr. Richter moved to instruct the City Manager to proceed with implementation of the mechanized refuse collection system in two phases. Phase one will involve the development of specifications and proceeding with the bidding process. Phase Two will include the funding plan In the upcoming budget. The motion was seconded by Mr. Weyandt.
Questioned by Mr. VanSant, Mr. Bartolotta stated that commercial pickup on Loockerman Street is a unique situation because of container storage capabilities. This location will be phased in after careful study.
Responding to Mr. Witt, the City Manager stated that the elderly, with alley pickup, will only have to carry a plastic bag to the container. Those collected from the front of the residence will be required to wheel the container out front.
In checking with other cities with retirement communities, he was advised of the ease in which the wheeled containers can be handled. The municipalities have experienced no problems with the elderly. Mr. Bartolotta plans to inform elderly groups such as giving a demonstration at the Modern Maturity Center.
Questioned by Mr. Christiansen, Mr. Bartolotta stated that the City will replace damaged containers if negligence is not indicated.
By unanimous roll call vote, with Mr. Ambruso absent, Council approved Mr. Richter's motion to begin the process of implementing automated refuse collection.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council approved the Utility Committee Report as submitted.
FIRST REVIEW - VOTER REGISTRATION PURGE
The City Clerk's Office submitted a list of voter registrants who have not voted for the past three years, including those deceased and citizens who have moved out of the community.
Mr. Weyandt moved for approval of the first review of the voter registration purge, seconded by Mr. Christiansen and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 17, 1987 at 7:30 p.m. with Chairman Witt presiding.
Single Audit Report
City Treasurer Karia submitted the single audit report as prepared by Faw Casson and Company. This report is in compliance with the Single Audit Act of 1984 which requires an annual audit of internal financial controls and compliance with reference to all federal grants received by the City. Grant requirements have been complied with except for a hearing for the revenue sharing funds.
The committee recommended approval of the single audit report, noting the necessity of a future hearing for revenue sharing.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn and unanimously carried.
Mr. Witt moved that a public hearing be set for revenue sharing funds on March 9, 1987 at 7:30 p.m., seconded by Mr. Christiansen and unanimously carried.
Appointment of Auditors - Fiscal Year 1987
Under advisement of Mr. Karia, the committee recommended that Faw Casson & Company be appointed as auditors for fiscal year July 1, 1986 to June 30, 1987 for a fee not to exceed $14,820.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn and carried by unanimous roll call vote, with Mr. Ambruso absent.
FERC Method of Accounting - Electric Utility
Mr. Witt stated that R. W. Beck Consultants have recommended that the City return to the FERC method of accounting. R. W. Beck Consultants stated that they have determined that the present accounting system probably does not provide the utility management with the best type of accounting data for proper control of operations on a daily basis.
The committee recommended that the City of Dover adopt the FERC method of accounting for the electric utility effective July 1, 1988.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn and unanimously carried.
Robbins Hose Company - Capital Funding
Mr. Witt advised that the City has been funding the Robbins Hose Company for varied amounts in the past years. The committee discussed the adoption of a general plan that would fund Robbins Hose Company on a level basis each year.
The City Manager advised the committee that the needs of the Robbins Hose Company over the next years for equipment replacement amounts to approximately 1.2 million dollars. An annual funding of $60,000 per year would basically satisfy the needs of the Fire Company.
The committee recommended approval of the concept of a general plan to fund the Robbins Hose Company at a level of $60,000 per year.
Questioned by Mr. Weyandt, Mr. Bartolotta stated that the an annual funding of $60,000 per year over the next 10 years to the fire company would provide for approximately half of their equipment needs. It was understood that the appropriation would only be utilized for equipment.
On a call for the question by Mr. Lynn, Mr. Witt's motion to approve the concept of the general plan to fund Robbins Hose Company was carried.
Robbins Hose Company - Repairs and Maintenance
Chief Willson of the Robbins Hose Company advised the committee that three major repairs to equipment have occurred which was not budgeted. This major impact of added expenses has virtually eradicated the Fire Company's repairs and maintenance budget. He requested a special appropriation from the City in the amount of $7,500 to carry Robbins Hose Company through July 1. 1987.
Mr. Witt explained that possible revenue sharing funds will be received by the City in the near future. The committee will meet in the early part of March to further discuss the matter.
First State Bicentennial Chorus - Request for Funds - Mrs. William Storey
Mrs. William Storey advised of an effort by the committee planning the First State Bicentennial Chorus to develop a 150 voice group. The committee needs funds for office supplies, postal charges, rental of rehearsal places, and a Dover area auditorium for performance. She requested $800 from the City of Dover to assist in financing the chorus group.
Mr. Bartolotta stated that the funds would be derived from the General Fund Council budget. He also has approached Mrs. Storey to perform in the City summer program and a portion of the funds could be derived from that budget.
The committee recommended that the City grant the First State Bicentennial Chorus a sum not to exceed $800.
Mr. Witt moved for the recommendation of the committee, seconded by Mrs. Legates and unanimously carried.
Mr. Richter pointed out that the chorus will also receive funds from other levels of government.
Zoning Code Notification Requirements
The City Assessor submitted a suggestion that the footage requirements for notification to homeowners in matters of zoning and cases before the Board of Adjustments be standardized. Presently, the City notifies homeowners within 150' of a rezoning, and 200' for Board for Adjustment notifications.
The committee recommended that the zoning notifications be standardized at 200'.
Mr. Witt moved for the recommendation of the committee, stipulating that the matter also be referred to the Planning Commission. The notion was seconded by Mr. Lynn and unanimously carried.
It was noted that a public hearing will be held after receipt of the Planning Commission's recommendations.
Quarterly Uncollectibles Report - Ambulance
Mr. Witt advised that a list of uncollectible ambulance bills in the amount of $2,044.32 was submitted to the committee for consideration of a write-off. These uncollectible ambulance bills consists mainly of bills that are uncollectible balances on Medicaid claims.
The committee recommended approval of writing off $2,044.32 to be cancelled against the uncollectible reserve account.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn and carried by unanimous roll call vote, with Mr. Ambruso absent.
Electric - Uncollectible Billings
A list of uncollectible electric bills in the amount of $22,384.86 was submitted to the committee for review. Although these bills will be removed from the books of the City, collection agencies are still active in attempting to locate responsible persons.
Mr. Weyandt requested that the Utility Committee review the required deposits for electric accounts for the purpose of increasing required deposits for new accounts.
Mr. Witt stated his opinion that legislation has been passed allowing municipalities to place liens on properties for overdue electric bills.
City Solicitor Rodriguez stated that he would research for legislation related to liens on properties for electric bills.
Mr. Witt moved that the amount of $22,384.86 be cancelled against the uncollectible electric reserve account. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Ambruso absent).
Miscellaneous Billings - Uncollectibles Report
The committee was advised of a write-off balance on miscellaneous bills amounting to $59,027.50. A large portion of this amount involves an accident where a truck collided with a City electric pole on New Burton Road causing extensive damage to the pole and attached power lines. The damage also caused failure of a transformer and a power failure in a large part of the City. The cost of repairs amounted to $93,673.32. The truck involved in the collision was being operated by a person other than the owner. The owner's insurance company offered a settlement of $34,645.82.
By request of the City Manager, Deputy City Solicitor Catts reviewed the case and advised that it would be useless to file a suit for the remaining amount, stating that negligent entrustment would have to be proven. A check was received from the insurance company for the aforementioned amount.
The committee recommended that Council endorse a write-off on miscellaneous electric bills in the amount of $59,027.50 which will be cancelled against the uncollectible reserve account.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn.
Since the review of circumstances surrounding the accident was reviewed by the Deputy City Solicitor, Mr. Rodriguez stated that he was not fully informed of all aspects of the case. He offered to review the circumstances of the accident prior to Council action.
Mr. VanSant moved to table the matter, seconded by Mr. Lynn and unanimously carried.
Maintenance of City Parking Lots - Councilman Weyandt
Noting the recent snow storms, Mr. Weyandt stated his concern to the committee that the City does not have a written agreement with the Dover Parking Authority on responsibility and maintenance of parking lots. He suggested that staff begin maintaining logs on work performed by the City in relation to parking lots and the costs involved. This would establish a basis for future discussions with the Parking Authority.
The committee recommended approval of Mr. Weyandt's suggestion, noting that the information compiled by staff would be submitted to the Legislative and Finance Committee for review.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn and unanimously carried.
Constitution Place - Funding Plan
The funding plan for the City's share of Constitution Place involves public Improvements as approved by Council in the amount of $2,247,290. This amount will be reduced to $2,000,000 by lowering the project contingency from 10% to 6% and by bidding the paving of The Green roadway with brick pavers and the renovation of The Green utilities as alternates. Since construction is to begin in May, it is necessary to begin developing the funding plan for the City's $1,000,000 share of the project.
In a report to the committee, the City Manager stated that the City assumes receiving an additional $375,000 from the Bicentennial Improvement Program. The City also assumes that $500,000 will be expended by the Department of Transportation for State Street. It is also assumed that private utilities such as the telephone company and Chesapeake Utilities will not participate in the duck bank.
Staff's recommendation for funding the project to meet the City's obligation is as follows:
1987/88 Electric Improvement & Extension Budget - $208,905
Issuance of Streets General Obligation Bonds - 534,910
Reallocation of 1986 Water/Sewer Revenue Bonds - 148,435
Approximately $107,750 has been allocated in the budget, totaling the City's share of $1,000,000.
Mr. Witt moved for the aforementioned funding plan as recommended by the Legislative and Finance Committee, seconded by Mr. Richter.
Mr. Weyandt stated that he has researched all motions concerning matching funds for Constitution Place and can find no motion committing the City of Dover, other than matching Bicentennial Grant money. He did not agree with matching funds such as money that will be expended by the state to improve State Street.
Mr. Richter explained that the proposal before Council is to approve the funding plan.
Mr. Bartolotta stated that the project would be bid in April and a contract will be awarded in late April. Construction is planned to begin in May. The key decision is to award the contract. At that time, the City should know if the Bicentennial Commission has appropriated funds. At that time also, it should be known whether money is in the bond bill for the improvement to State Street but the actual appropriation will not be known. The City is working with the engineers to determine if the plan can be initiated in phases or contain contingencies in case the bond bill is not approved. If the bond bill is not approved, then the project will be scaled back.
Mr. Richter stated that the Department of Transportation is attempting to nail down a plan in which the funds will be assured prior to passing of the bond bill.
The funding plan for Constitution Place was approved by a roll call vote of five (5) yes, two (2) no (Mr. Weyandt and Mr. VanSant) with Mr. Ambruso absent.
Ruth N. Dorsey Relief Shelter Bids
The City received a $51,320 Public Facility Improvement Grant from the State of Delaware, Department of Community Affairs, Division of Housing and Community Development, to rehabilitate a shelter for the homeless located on College Road, known as the Ruth N. Dorsey Relief Shelter. The City also received a 10% project match from the shelter.
Bids were received for the improvements to the shelter, all being over the amount of funding available.
Mr. Witt advised that the matter has been tabled in committee for further review.
Emergency Shelter Grants Program
The City Manager advised that a possible source to consider for funding the overbid of the Ruth N. Dorsey Relief Shelter would be the new federally funded Emergency Shelter Grants Program offered by the State of Delaware. Approximately $22,000 is available statewide.
The committee recommended that the City apply for Emergency Shelter Grant Funds, leaving the amount of the application to staff's discretion. In addition. staff is authorized to seek other block grant funds.
Mr. Witt moved for the committee's recommendation, seconded by Mr. Christiansen and unanimously carried.
Senior Surrey Diesel Bus Bids
Bids were accepted on February 5, 1987 for one diesel bus. Chesapeake Bus and Equipment Company submitted a low bid of $25,252 that would Include a 1,000 watt cranking power battery. Per a suggestion by Mr. Weyandt, the 1,000 watt cranking power battery was substituted for two batteries. This allows for replacement of only one of the smaller batteries in case of failure.
Mr. Witt advised that the above alteration in the original bid specifications lowered the total cost of the bus to $25,042.
Per the committee recommendation, Mr. Witt moved for approval of the diesel bus purchase in the amount of $25,042, stipulating that the bus be equipped with two batteries versus the one 1,000 watt cranking power battery. The motion was seconded by Mr. Lynn and carried by a vote of six (6) yes, (Mr. Richter abstaining) and Mr. Ambruso absent.
Contributions by Tax Exempt Properties in Lieu of Tax Payments
Observing newspaper articles from York, Pennsylvania, Mr. Witt stated that this City solicits contributions in lieu of taxes from such institutions as churches, and other tax exempt properties. He suggested that the City Assessor correspond with Ms. Sarah Schlecht, Assistant to the Mayor of York, for further information on the procedure for initiating such a program.
Per the committee's recommendation, Mr. Witt moved for approval of contacting the Assistant to the Mayor of York, Pennsylvania, seconded by Mr. Christiansen and unanimously carried.
Mr. Witt moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Christiansen and unanimously carried.
APPOINTMENTS
Planning Commission
Mayor Carroll stated that Mr. Julian Massey and Mr. John Still are serving the Planning Commission from the first district with terms ending February 28, 1989 and February 28, 1988 respectively. In the second