Regular City Council Meeting
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Jan 26, 1987 at 12:00 AM

RESCHEDULED COUNCIL MEETING

The Regular Council Meeting of January 26, 1987, which was rescheduled due to inclement weather, was held on February 2, 1987 with Mayor Carroll presiding. Members present were Councilman Richter, Ambruso, Legates, Lynn, Christiansen, Witt, Weyandt and VanSant.

In the absence of Reverend J. H. Williams, the invocation was given by Dr. Columbus Ricks.

AGENDA ADDITIONS/DELETIONS

Mayor Carroll requested that two letters of correspondence be added to the agenda; one from the Kent County Regional Planning Commission and a letter from the First State Bicentennial Chorus.

Mr. Weyandt requested an agenda item #5 (a) concerning the traffic pattern on Constitution Place.

Mrs. Legates moved to approve the agenda as amended, seconded by Mr. Witt and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 12, 1987

Mr. Bartolotta pointed out that a correction was made to the Electric Rate Study - Residential Service Classification, found on page six, prior to insertion into the Council Minutes. A previous copy of this study contained two typographical errors which have been corrected and the Minutes reflect the accurate figures.

The Minutes of the Regular Council Meeting of January 12, 1987 were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.

APPEALS HEARING - SIDEWALK ASSESSMENTS - THE HAMLET

During the Regular Council Meeting of November 24, 1986, sidewalk assessment appeals for a City project completed in the Hamlet were received from Judith Fowler, owning 85 Village Drive, and from Scott Adamson owning 45 Forest Creek Drive. Council set an appeals hearing for January 26, 1987. Due to inclement weather, the January 26, 1987 meeting was extended to February 2, 1987 and both property owners were so notified.

Mr. Bartolotta explained that City personnel inspected the sidewalks at the Hamlet in response to a petition from The Hamlet Homeowners Association requesting same. Much of the sidewalk/apron was found to be in need of repair and/or replacement.

In accordance with Section 28 of the City of Dover Charter, property owners were notified of the need for repairs to their sidewalk. The Hamlet Homeowners Association notified the City that they wished for the City of Dover to take responsibility for repairs to the Hamlet sidewalks. The property owners were notified that the bid for sidewalk improvements was let to Mitten Construction Company and that payment for the improvements would be accomplished through a special assessment to property owners.

Appeals of the assessment were received from only two Hamlet homeowners.

Mayor Carroll declared the assessment appeals hearing open.

Scott Adamson - 45 Forest Creek Drive

Mr. Scott Adamson, owning property at 45 Forest Creek Drive, explained that when the City originally inspected the sidewalks at The Hamlet, a list of the affected sidewalk/apron area, specifying the homeowners involved, was sent to the Hamlet Homeowners Association. Mr. Adamson's property at 45 Forest Creek Drive was on the list, showing needed repairs to an 8' apron. His final bill from City was for sidewalk repairs to 171 frontage. Mr. Adamson is appealing the difference between the two frontage figures, or for the additional 91 of sidewalk repairs. Mr. Adamson also noted that he agreed that the 81 frontage was in need of repair, but he did not feel that 17' of the sidewalk needed to be replaced.

Judith Fowler - 85 Village Drive

Mr. Tom Mills spoke in behalf of Ms. Judith Fowler, owning property at 85 Village Drive. Referring to the list of affected property owners and frontage of needed sidewalk repairs that was given to the Hamlet Homeowners Association, Mr. Mills noted that the list showed no needed repairs for Ms. Fowler's property. However, in the end she was assessed for sidewalk repairs to 19.30' frontage at 85 Village Drive. Ms. Fowler is appealing the entire assessment for repairs to 19.30' of sidewalk repairs.

Mayor Carroll declared the assessment appeals hearing closed.

Mr. Richard Scrafford, Public Works Director, stated that the list that Mr. Mills and Mr. Adamson are referring to was only a preliminary estimate made by his department and submitted to Mr. Joe DiSalvo, President of the Hamlet Homeowners Association. The list was devised to assist the Hamlet Homeowners Association in determining how extensive the sidewalk repairs could be. Estimates were never made to individual property owners. Once the homeowners decided to have the City handle the repairs, four separate letters were sent to homeowners keeping them abreast of activity.

Responding to a question from Mr. Christiansen, Mr. Bartolotta stated that it would be impossible to give property owners an exact cost for repairs before the repairs are initiated.

Mr. Lynn expressed some concern that the City's policy does not include notification to the property owner of the total amount of sidewalk to be replaced prior to commencement of the work.

Mr. Weyandt moved that action be tabled and that all related materials and information (including present City regulations governing sidewalk replacement) be referred to the City Solicitor for his review and recommendation, for action by Council at the next possible Council Meeting.

PUBLIC HEARING - CLOSING OF COURT STREET TO VEHICULAR TRAFFIC - INTERSECTION FEDERAL STREET

A public hearing was duly advertised for this time and place to consider the closing of Court Street, at Federal Street, to vehicular traffic. The closing of this portion of Court Street would prohibit traffic from entering Court Street from Federal Street as an access to The Green.

Mayor Carroll declared the hearing open.

There was no present to speak for or against the proposal.

A letter was read into the record from George R. Hale, Secretary, Department of Administrative Services, State of Delaware, as follows:

"Thank you for your notice of the Public Hearing on January 26, at 7:30 p.m. in the City Hall Council Chambers. While I will not be able to attend the hearing, I did want to comment for the record since the State Department of Administrative Services is the owner of all land abutting the section of Court Street from Federal Street to The Green.

The State has no objection to the proposal to close this portion of Court Street to vehicular traffic if done in conjunction with other activities to renovate and preserve the Dover Green.

Please keep me informed of your progress on the Constitution Place project and any steps the State of Delaware may take to provide assistance."

Mayor Carroll declared the hearing closed.

Mr. Richter moved for approval of the closing of Court Street at Federal Street to vehicular traffic. The motion was seconded by Mr. Lynn and by unanimous roll call vote, the following ordinance was adopted:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That in accordance with the plans for the renovation, repair, and preservation of the Dover Green and implementation of the plans for Constitution Place and for the free movement of traffic in the area, including the promotion of the health, safety, and welfare of the residents, Court Street shall be closed to vehicular traffic, with the exception of emergency vehicles, from Federal Street to The Green.

ADOPTED:    February 2, 1987 (effective date is established below)

TRAFFIC PATTERN - CONSTITUTION PLACE

Mr. Weyandt referred to the proposed changes In traffic patterns in conjunction with improvements for the Constitution Place project. It was his feeling that the change in traffic patterns should be instigated as soon as possible rather than waiting until completion of the project. He felt that this would afford an opportunity for everyone to realize if the new traffic flow patterns will actually work prior to major changes as proposed in the project.

Mr. Weyandt moved that Court Street, at Federal Street, be closed to vehicular traffic (as approved above); that parking be eliminated from Water Street to Loockerman Street on State Street; that the present east to west flow of traffic on Bank Lane be reversed to run west to east; that the present flow of traffic on North Street, from Federal Street to Queen Street, be reversed; that all changes be made effective 12:01 a.m. on February 16, 1987.

The motion was seconded by Mr. Ambruso and carried by a unanimous roll call vote.

MONTHLY REPORTS - DECEMBER 1986

The following monthly reports for the month of November were unanimously approved by motion of Mr. VanSant, seconded by Mr. Christiansen:

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

Municipal Street Aid - Cash Receipts & Budget Report

Police Grants - Cash Receipts & Budget Report

General, Water/Sewer, Electric Revenue - Cash Receipts & Disbursements Report

UTILITY COMMITTEE REPORT

The Utility Committee met on January 14, 1987 with Chairman Richter presiding.

By request of Councilman Richter, the Utility Committee Report was presented by Councilman VanSant.

Annexation Request - Harold and Nancy Haines - 1273 E. Division Street

The committee considered a request for annexation from Harold and Nancy Haines, located at 1273 E. Division Street.

It was the recommendation of the committee that an annexation referendum be held for the Haines property only since the general consensus of other property owners west of Girl Scout Lane is negative towards annexation.

Mr. VanSant moved for the recommendation of the committee, seconded by Mr. Witt and by unanimous vote, Council adopted the following resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area of the present City limits, and more particularly described within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         That the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:

All that certain piece, parcel and lot of land situate, lying and being in East Dover Hundred, Kent County and State of Delaware, on the north side of the concrete highway leading from Dover to Little Creek, known as the North Little Creek Road, bounded on the north by land now or late of George Richardson and noted as Parcel 5A on a plot of Lots, titled "Dover Heights" Block F, on the east by other lands now or late of George H. Kahl, on the south by the aforesaid Concrete Highway and on the west by Willis Road. This parcel being a part of Lots Nos. One, Two, Three, and Four as noted in the Subdivision plan entitled "Dover Heights" and the west portion thereof and more particularly described as follows, to-wit:

Beginning at a stone set along the north right of way of the said Concrete Highway, know as North Little Creek Road, said stone being the southwest corner for Lot No. four at the southeast corner of said Willis Road, thence running with the east side of said Willis Road, North 24 degrees 30 minutes West 180 feet to another stone along the east line of said Willis Road a corner for land now or late of George Richardson and noted as Parcel 5A in said subdivision, thence running therewith North 65 degrees 30 minutes East 150 feet to another stone at a corner for this parcel, in line of lands now or late of George H. Kahl, thence with said lands South 24L degrees 30 minutes East 277.5 feet to another stone set at a corner for this parcel in the north line of said Concrete Highway, thence running therewith, toward Dover, and the arc of a curve therein a distance of 178.18 feet back to the beginning and containing .7877 acres, more or less.

2.         That an election be held on the 12th day of March, 1987 commencing at the hours  of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3.         That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4.         That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election:

ADOPTED: February 2, 1987

Report - Lamplighter Lane

A request was received from residents and property owners of Lamplighter Lane asking that the City accept Lamplighter Lane as a dedicated street, to be maintained by the City. Lamplighter Lane is presently a privately owned street and is maintained by property owners.

City staff noted that the current City standard street is a 60' right-of-way with a 38' paved street.

This standard would be impossible for Lamplighter Lane. In attempting to keep costs as low as possible, staff recommended installing curb and sidewalk with a 24' wide street. Since adequate off-street parking is available, staff recommended that on-street parking be prohibited, allowing for a 24' wide paved street.

Total cost of this work is estimated to be $67,000, which would be assessed against the 25 property owners on Lamplighter Lane, with an approximate cost of $2,680 assessed to each property owner.

The committee recommended the following improvements to Lamplighter Lane, contingent upon approval of the 25 landowners on Lamplighter Lane:

      1.   Depressed curb and gutter should be installed on the roadway side of all existing parking areas.

2.Integral curb and gutter should be installed along the edge of all remaining roadway.

 

      3.   The two north rows of townhouses presently have sidewalk between the homes and the parking areas parallel to the roadway. New sidewalk should be installed to connect these two sections of sidewalk, and extended east to Independence Boulevard. Also, new sidewalk should be installed in front of the south row of homes, extending east to the existing sidewalk along Independence Boulevard.

      4.   Due to cracking in the asphalt and evidence of poor base material in the roadway, the existing pavement and six to eight inches of base should be replaced. Approximately six inches of stone should be installed with two inches of hot mix.

      5.   Four new catch basins should be installed, two near the east end of each portion of the road, and connected to the existing storm drainage system.

It was noted that the Planning Commission is in the process of reviewing the practice of allowing streets to be constructed in the City which do not meet City specifications.

Mr. VanSant noted that no action is necessary until such time as approval for the proposed improvements is received from the 25 property owners on Lamplighter Lane.

Burner Design - #3 Burner

The existing burner system on boiler #3 has deteriorated to a point where it can no longer meet acceptable standards of performance. After reviewing options submitted by Stone and Webster, City staff recommended the replacement of the existing eight burners on boiler #3 with new steam atomized, low excess air burners, at a cost of $1,150,000.

Mr. Bartolotta stated that the recommended burner and air distribution modification will increase reliability, reduce maintenance costs, increase efficiency and allow the burning of 3% sulfur oil to meet environmental regulations. Staff recommended that the replacement take place in the fall.

The committee recommended that the steam atomization system be installed as proposed by Stone & Webster at an estimated cost of $1,150,000, noting that Stone and Webster will proceed with issuing specifications and evaluation of bids that will be awarded by March 31, 1987.

Mr. VanSant moved for the recommendation of the committee, seconded by Mr. Richter and carried by unanimous roll call vote.

Middle West Bond Engineer Contract

The City Manager informed the committee that the City's Electric Revenue Bond Covenant requires that the City retain a bond engineer to annually review the Electric Department budget, insurance coverages, physical plant, and adequacy of revenues. The City has used Middle West Service Company for the past 20 years to perform this service.

The present contract with Middle West provides for a fixed annual fee of $7,200 plus the engineer's direct out-of-pocket expenses incurred in providing the City with professional services. Total expenses for last year amounted to $8,500. Since the contract has not been reviewed for several years, Middle West is now requesting that their fee be increased.

It was the recommendation of the committee that the City of Dover renew the agreement with Middle West Service Company in the amount of $9,000 for 1987, $9,500 for 1988. and $10,000 for 1989, stipulating that all fees be paid in lump sum, professional services and expenses included.

Mr. VanSant moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.

Resolution - Annexation of Braasch Land, Adjacent to City Park on Whiteoak Road

A resolution is necessary to formally annex land recently acquired from Alfred Braasch, which is adjacent to the present City of Dover Recreation Center on Whiteoak Road.

The Utility Committee recommended approval of a resolution to formally accept the Braasch property into the limits of the City of Dover.

By motion of VanSant, seconded by Mr. Richter, Council adopted the following resolution by unanimous roll call vote:

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

In accordance with 22 Delaware Code, Section 101, and Section 1A of the of the City of Dover Charter, the City of Dover hereby annexes land titled by deed to the City, adjacent to the corporate limits of the City of Dover situated on the westerly side of Kent County Road #342, also known as Acorn Lane, containing 3.822 acres of land, more particularly described in metes and bounds description as follows:

Beginning at a point in the westerly line of Acorn Lane, now 50' wide (said Acorn Lane extends from Whiteoak Road on the north, to North Little Creek Road on the south), said beginning point being at a corner for lands now or late of David Chidester in line of lands laid out as "Nixon Lane in Oscar Reed Development," a plat of which is recorded in the office of Kent County Recorder of Deeds in Plat Book 6. Page 51, said beginning point being also located S 80 25' E, 758.28' from line of lands of Dover Housing Authority and "Manchester Square" housing complex; thence, with line separating this land from aforesaid "Oscar Reed Development", lands now or late of David Chidester, lands now or late of Floyd James, and the end of the right-of-way of Nixon Lane, 40' wide, and running generally with the center of a small ditch, S 850 271 W, 393.46' to a point, corner for this land and lands of the City (of Dover, at the intersection of said small ditch with the center of a large ditch, said corner being also in the corporate boundary of the City of Dover; thence, running generally with the center of said large ditch, binding with line of this land and other lands of, and the corporate boundary of, the City of Dover, N 110 56' W, 651.34' to a point, corner for this land, lands of the City of Dover Park and Recreation Center, and in line of lands of Dover Housing Authority and "Manchester Square"; thence, running with line of this land and lands of Dover Housing Authority, N 590 431 E, 276.90' to a point in line of said Dover Housing Authority, corner for this and lands now or late of Chester L. Smith; thence, by a line parallel to and 170' distant from the westerly line of Acorn Lane, and binding with line of lands of Chester Smith, lands of Melvin Barnett, lands of Stephen Seiler, and lands of Joseph Pocious, S 80 251 E, 583.05' to a point, corner for this and lands of said Pocious; thence, with line of said Pocious, N 810 35' E, 170' to a point in the westerly line of Acorn Lane, S 80 25' E, 106.96' to the point and place of beginning.

Said property is hereby annexed into the corporate limits of the City of Dover effective at 12:01 a.m. on the 3rd day of February 1987.

ADOPTED:    February 2, 1987

Gas Fuel - McKee Power Plant

The Electric Director has negotiated with the gas company and they have agreed to reduce the price of firm gas to be more competitive with #2 distillate fuel oil. The City purchases gas from the gas company by two methods; one being interruptible gas, and another labeled firm gas. Interruptible gas is purchased when fuel oil prices are higher. Firm gas can be purchased on demand by the City.

Mr. Darte, Electric Director, informed the committee that the new proposed burner system will allow the City to start up a unit without the use of gas and still conform with environmental regulations. The negotiated lower cost of gas will save the City approximately $66,000 annually if the prices do not change.

The committee noted the excellent job by Mr. Darte on this project and left future purchases to the expertise of Mr. Darte and his staff.

Storer Cable

The committee reviewed complaints from citizens on rates and services provided by Storer Cable and suggested that the City Solicitor review the franchise agreement between the City and Storer.

It was also suggested that Mr. Levitt, a member of the-Utility Committee, do some research on this matter and report back at the next committee meeting.

Mr. VanSant moved for approval of the Utility Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.

ANNEXATION REFERENDUM RESULTS - COLLEGE ROAD AREA

As certified by County Elections officials, the City Clerk's Office reported an annexation referendum vote for properties on College Road, as follows:

            Referendum #1 (Fisher Property Only)          -          2 Votes FOR Annexation

                                                                                    -          0 Votes AGAINST Annexation

            Referendum #2 (Fisher & Others)                  -          6 Votes FOR Annexation

                                                                                    -          7 Votes AGAINST Annexation

Mr. Weyandt moved for approval of the annexation referendum results, seconded by Mr. VanSant and unanimously carried.

Mr. Christiansen moved that the Reverend Raymond Fisher property, located on College Road, be annexed into the corporate limits of the City of Dover, seconded by Mr. VanSant and by unanimous roll call vote, Council adopted the following Resolution:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area north of the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and

WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and

WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         That the following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:

Beginning at a point in the north line of Jason St., said point being 35 feet distant from the northwest corner of Lot #176 and 150 feet distant from the intersection of Jason and Conwell Streets, thence from said point of beginning South 32 degrees 57 minutes East a distance of 235 feet to a point at a corner for this parcel and Lot 148, thence North 57 degrees 3 minutes East a distance of 75 feet to a corner for this parcel in line of Lot 149, thence North 32 degrees 57 minutes West a distance 235 feet to a point in the north line of Jason Street and in line of lands of Luna Mishoe, thence with said line, South 57 degrees 3 minutes West a distance of 75 feet. Said parcel being Lot 176 of College Settlement and a portion of Jason St., containing .4046 acres, more or less.

2.         That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.

3.         That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.

4.         That the effective date of this resolution shall be the 3rd day of February, 1987 at 12:01 a.m. o'clock.

ADOPTED:    February 2, 1987

BIDS - RUTH N. DORSEY RELIEF SHELTER

Mr. Bartolotta reported that bids have been received on the Ruth N. Dorsey Relief Shelter and requested that the matter be referred to the Legislative and Finance Committee.

Mr. Christiansen moved that bid results for the Ruth N. Dorsey Relief Shelter be referred to the Legislative and Finance Committee, seconded by Mr. VanSant and unanimously carried.

REZONING REQUEST - PROPERTY LOCATED ON SOUTHWEST CORNER OF THE INTERSECTION OF MCKEE ROAD AND COLLEGE ROAD - H. BAXTER AND MARY E. MCKEE

A request was received to rezone land located on the southwest corner of the intersection of McKee Road and College Road, owned by H. Baxter and Mary E. McKee. The equitable owner is Dr. John G. Kays.

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously adopted the following resolution and referred the matter to the Planning Commission:

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain lands located at the southwest corner of the intersection of McKee Road and College Road are presently zoned for R-10 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER. IN COUNCIL MET:

1.         That a public hearing be held in City Hall on March 9, 1987 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-10 to RG-O that property located at the southwest corner of the intersection of McKee Road and College Road, owned by H. Baxter and Mary E. McKee.

2.         That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED:    February 2, 1987

CORRESPONDENCE

Chesapeake Utilities - Request to Hold Fair

A letter was received from Suzanne E. Green, President of Sharing, Inc. and Manager Consumer Affairs of Chesapeake Utilities, requesting permission to hold a fair on the vacant lot adjacent to Chesapeake Utilities Corporation located at 350 S. Queen Street on April 11, 1987. The fair would be held between the hours of 10:00 a.m. and 5:00 p.m. with a rain date scheduled for April 25, 1987.

Ms. Green explained that the fair is Sponsored by Chesapeake Utilities Corporation for Sharing, Inc., which is a non-profit fuel fund that assists the elderly, handicapped, and low-fixed income customers in paying their gas heating bills.

Mr. Witt moved for approval of the request, stipulating that all activities be coordinated with the City Manager, the Chief of Police and the Building Inspector. The motion was seconded by Mr. Weyandt and unanimously carried.

Angela Steck - Protest of Rate Increase - Storer Cable Television

Angela Steck of 30 Chatham Court addressed a letter Mayor and Council protesting Storer Cable Television rate increases and recommending a second cable service in the City of Dover.

Mr. VanSant moved for referral to the Utility Committee, seconded by Mr. Lynn and unanimously carried.

Luther Towers - Request for Tax Exemption

A letter was received from Raymond C. Best, President of Luther Towers of Dover, Inc., renewing a request for property tax exemption for Luther Towers 11. Mr. Best explained that since their original request, they have received a legal opinion from HUD which asserts that they are tax exempt under the provisions of 9 Del. Code 8103.

Mr. Weyandt moved for referral to the City Solicitor for a legal opinion on the matter and for referral to the Legislative and Finance Committee for their review and recommendation. The motion was seconded by Mr. VanSant and unanimously carried.

Mr. Witt requested that the City Assessor write to Mr. Best informing him of the dates and times for tax appeals hearings.

Residents of Jawd Drive - Letter of Opposition to Development of Park on East Side of Saulsbury Road, between Route #8 and North Street

A letter was received from Mr. & Mrs. Harvey Johnson, Mr. & Mrs. Robert Coppadge and Mr. & Mrs. John Baldwin, noting their close proximity to the land located on Saulsbury Road, between Route #8 and North Street, which is proposed for a City park. The residents stated their objections to the park, citing present problems with the open land being used for undesirable activities.

Mr. Weyandt moved that the matter be referred to the Parks and Recreation Committee, seconded by Mr. Witt and unanimously carried.

State of Delaware - Department of Community Affairs - Emergency Shelter Grants Program

Frances M. West, Department of Community Affairs of the State of Delaware, wrote inviting the City of Dover to submit a letter of intent for a new federally funded Emergency Shelter Grants Program. It was noted that Delaware's entire allotment was only $22,000 for fiscal year 1987 and that the entire allotment would probably be allocated to a single unit of local government.

Noting the filing deadline of February 13, 1987, Mr. Witt suggested that the City Manager be authorized to apply for the grant immediately since the Legislative and Finance Committee cannot meet on the matter until February 17, 1987. The City could withdraw their application if Council decided against application for the Emergency Shelter Grants Program.

Mr. Witt moved to authorize the City Manager to make application for the grant prior to the deadline of February 13, 1987 and for referral to the Legislative and Finance Committee. The motion was seconded by Mr. Lynn and unanimously carried.

Charles D. Carey - Parking - The Green

Mr. Charles D. Carey of 24 The Green requested assurance from Mayor and Council that any proposed changes to the parking in or around The Green will not affect property owners, in that they should have access to their homes and parking at all times.

Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. Witt and unanimously carried.

Dr. Edward Goaté, Superintendent of Capital School District - Letter of Appreciation to City Personnel on Snow Removal Efforts

Dr. Edward Goaté, Superintendent of Capital School District, wrote to Mr. Bartolotta expressing his thanks and congratulations to City staff who were involved in the clearing of roads throughout the City during the recent snow storm.

Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.

Mayor Carroll and members of Council also extended their congratulations to City staff and personnel on the excellent job that was performed in removing the snow and quickly clearing City streets.

League of Women Voters - Proposed Charter Changes

Sara Williams and Mary Lou Beatman of the League of Women of Voters wrote to Mayor and Council expressing their disappointment that Council has not acted on the recommendations of the Charter Review Committee, or on the issue of at-large voting.

Mr. VanSant moved to acknowledge receipt of the letter, making it an official part of the record. The motion was seconded by Mrs. Legates and unanimously carried.

Kent County Chapter of the Young Democrats of America - City Voting Procedures

A letter was written to Councilman Ambruso from the Kent County Chapter of the Young Democrats of America expressing their dissatisfaction with the City's practice of utilizing dual voter registration and suggesting that modifications be made to the at-large voting practices.

Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mr. Richter and unanimously carried.

Howell O. Wilkins - 223 Oakmont Drive - Proposed Development in Area of Foxhall

Mr. Howell O. Wilkins of 223 Oakmont Drive wrote concerning the open land behind his property in Foxhall and requested that Council only allow development that would be in keeping with the properties and Atmosphere already established in the area.

Since the letter deals with a proposed rezoning in the area of Foxhall, Mr. Witt moved to refer the letter to the next Council Meeting under the public hearing which is scheduled for the McKee property. The motion was seconded by Mr. Weyandt and unanimously carried.

Mr. Weyandt suggested that a copy of the letter be forwarded to members of the City of Dover Planning Commission.

Dover Country Dancers - Invitation to Constitution Ball

An invitation was extended to Mayor Carroll and members of Council to attend the Constitution Ball in honor of the Bicentennial of the Constitution. The Ball will be held on February 9, 1987 at the Capital Grange on Governors Avenue, beginning at 7:00 p.m.

Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Weyandt and unanimously carried.

Notice of Public Hearing - Kent County Regional Planning Commission - Kent County Comprehensive Plan

A notice was received from the Kent County Regional Planning Commission of a public hearing on the draft of the Kent County Comprehensive Plan on Wednesday, February 4, 1987 at 7:30 p.m. in the Levy Court Chambers.

Mayor Carroll noted that the City Planner, Mr. Jack Roe, also serves as chairman of the Kent County Planning Commission and suggested that members of Council attempt to attend the public hearing.

Mr. VanSant moved to acknowledge receipt of the notice, seconded by Mr. Weyandt and unanimously carried.

First State Bicentennial Chorus - Development of 150 Voice Statewide Chorus

Mrs. William Storey and Mrs. Earl Field directed a letter to Mayor Carroll requesting assistance with expenses in the development of a 150 voice statewide chorus, combining church, school and community groups. The First State Bicentennial Chorus is celebrating the ratification of the Constitution.

Mr. Witt requested that the City Manager contact the Superintendent of Capital School District to inquire as to why an auditorium fee would be charged to this organization for a program of this nature.

Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Witt and unanimously carried.

Meeting Adjourned at 8:40 P.M.

                                                                                    DEBRAH J. BITTNER