REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on January 12, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Ambruso, Legates, Lynn, Christiansen, Witt, Weyandt and VanSant. Mr. Richter was absent.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt moved to delete Charter Review Items, under the Legislative and Finance Committee Report, noting that Mr. Richter was absent. It was his opinion that all Council members should be present to enable the public an opportunity to know how each Councilman votes on the Charter items. The motion was seconded by Mrs. Legates and carried with Mr. Christiansen voting no.
Mayor Carroll requested the following items to be an addition for the agenda:
1. Resolution - Community Services Department
2. A item to set a public hearing for closing off traffic on Court Street
3. Under correspondence, letters concerning a proposed Civic Center and a Bandstand on The Green; and a letter from the Office of Aging concerning Operation Holiday
The agenda was unanimously approved as amended.
PROCLAMATION - DR. MARTIN LUTHER KING, JR.
Mayor Carroll submitted the following Proclamation:
WHEREAS, one special individual named Martin Luther King, Jr., born on January 15, 1929, grew in faith, and experience and wisdom, and came to symbolize an entire movement for freedom and liberty;
WHEREAS, the Rev. Dr. Martin Luther King, Jr., a man of learning and talent, spoke for the most erudite and the most humble of persons, and made the quest for equality one of the most noteworthy triumphs of the past century; and
WHEREAS, in accepting the Nobel Prize for Peace in 1964, Dr. King noted that “non-violence is the answer to the crucial political and moral questions of our time, the need for man to overcome oppression and violence without resorting to oppression and violence"; and
WHEREAS, citizens of this nation, and citizens around the world, still mourn this valiant leader who was senselessly slain in Memphis, Tennessee, on April 4, 1968, in the prime of his life; and
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DO HEREBY DECLARE JANUARY 14 - 19, 1987 AS
DR. MARTIN LUTHER KING, JR., WEEK
in the City of Dover, Delaware. and urge that all residents of this City pay honor and tribute to the memory of this great American patriot by trying to live up to the standards of non- violence, faith, and honor which he established by his very life.
RESOLUTION COMMUNITY SERVICES DEPARTMENT
By motion of Mr. Weyandt, seconded by Mrs. Legates, Council unanimously adopted the following Resolution.
WHEREAS, January 11, 1987 marks an important milestone for the Community Services Department of the City of Dover because for the past 500 days employees of the Community Services Department have performed their duties without a loss day injury; and
WHEREAS, the Community Services Department employees 30 full-time and nine part-time persons and is made up of the Community Development, Grounds Maintenance, Library, Paramedic and Recreation Divisions, of which some of these Divisions have a high potential for injury; and
WHEREAS, through the joint efforts of the Community Services Department administrative staff, supervisors and all employees this Department has set an example in safety awareness and practices for all Departments of the City to follow.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Mayor and Council of the City of Dover want to recognize the Community Services Department for their exemplary service in setting the example of 500 consecutive injury free days and urge other departments of the City to set this as a challenge and goal.
2. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as an expression of their pride in the accomplishment of the Community Services Department.
ADOPTED: January 12, 1987
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 22, 1986
The Minutes of the Regular Council Meeting of December 22, 1986 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 29, 1986
The Minutes of the Special Council Meeting of December 29, 1986 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. Lynn and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JANUARY 5, 1987
The Minutes of the Special Council Meeting of January 5, 1987 were unanimously approved by motion of Mr. Christiansen, seconded by Mrs. Legates and bore the written of Mayor Carroll.
PRESENTATION - DOVER AIR FORCE BASE
Mayor Carroll introduced Colonel Estes, Deputy Wing Commander, Colonel Harper, Base Commander, and Staff Sgt. Taylor, who were present to present a framed photograph of the first C-5B Cargo Plane, numbered 5-0001, delivered to Dover Air Force Base.
Colonel Albert Estes, Deputy Wing Commander at Dover Air Force Base, stated that the arrival of the first C-5B was a momentous occasion in that it increases modernization and capabilities of the military airlift. The presence of the C-5B fleet at Dover Air Force Base is due largely to the support of communities such as the City of Dover's cooperation with Dover Air Force Base. In recognition of the community's support, Colonel Estes presented a framed, enlarged photograph of the first C-5B, appropriately named "The City of Dover - A Sleeping Giant".
Colonel Richard Harper, Base Commander, introduced Staff Sgt. Charles Taylor, attached to the base photo lab, who was responsible for the enlarged photograph of number 5-0001 C-5B. Colonel Harper presented the framed photograph to Mayor Carroll.
Mayor Carroll thanked Colonel Harper, Colonel Estes, and Staff Sgt. Taylor for the presentation of the photograph, stating that it would be placed at an appropriate location In City Hall.
PUBLIC HEARING - REZONING - 1427 NEW BURTON ROAD - RONALD L. AND JANET L. HARMON
A public hearing was duly advertised for this time and place to rezone land located at 1427 New Burton Road, owned by Ronald, L. and Janet L. Harmon.
Mayor Carroll declared the hearing open.
Mr. Ronald Harmon, owner of the land, was present stating that the land to be rezoned C-1 is a small portion of his entire plot, fronting on New Burton Road, and consisting totally of 4.65 acres.
Mayor Carroll noted that there was no correspondence and the Planning Commission recommended approval of the rezoning.
Mayor Carroll declared the hearing closed.
Members of Council noted that the Planning Commission took into consideration existing non-conforming uses in the area around Mr. Harmon's property, most especially the one immediately to the north. The Planning Commission felt that even though the Land Use Map recommends low density residential, the rezoning of the Harmon property would not have any detrimental effect in the area as it would be contiguous to commercially used land.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Lynn and by unanimous roll call vote (Mr. Richter absent), 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 AT 1427 NEW BURTON ROAD, OWNED BY RONALD L. AND JANET L. HARMON
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-8 to C-1.
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-8 to C-1 on that property located at 1427 New Burton Road, owned by Ronald L. and Janet L. Harmon.
ADOPTED: January 12, 1987
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 6, 1987 at 7:30 p.m. with Chairman Witt presiding.
Amendment to City Code - Section 2-34, Paragraph 4
The City Clerk's Office submitted an amendment to Section 2-34, entitled "Registration by Mail”.
Mr. Witt noted that the amendment inserts the word "working" in the fourth paragraph of Section 2-34. The existing sentence in the Code reads, "The completed application shall be returned to the City Clerk no later than the last day in March of an election year." The amendment would change the wording to "no later than the last working day in March".
In accordance with the recommendation of the committee, Mr. Witt moved for adoption of the amendment, seconded by Mr. VanSant and by unanimous roll call vote (Mr. Richter absent), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Dover Code is hereby amended by striking in its entirety Sec. 2-34, paragraph (4), and by inserting in its place a new paragraph (4) to read as follows:
(4)Within three (3) days after the request is received. the registration officer shall mail the required forms and a set of instructions to the applicant. The completed application shall be returned to the City Clerk no later than the last working day in March of an election year and no returned registration by mail forms shall be accepted if postmarked later than that date.
ADOPTED: January 12, 1987
Vehicle Purchases
The committee reviewed the 1986/87 fiscal year bids for vehicles, trucks and heavy equipment and recommended awarding a 16,000 GVWR truck and tractor with mower to the lowest responsible bidder. All other vehicles will be purchased under the State of Delaware contract.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by unanimous roll call vote (Mr. Richter absent).
The City Manager addressed the committee, noting that during a past meeting Council stipulated that all vehicles in the City be purchased at one time under the State of Delaware contract, noted that on special equipment and vehicles the State of Delaware does not always submit specifications desirable to the City.
After discussing the matter at length, the committee recommended that all future vehicle bids for the City utilize State of Delaware bid contracts where possible. Special vehicles that are not available under the State of Delaware bids will be submitted under the normal cycle to as many bidders as possible, in addition, the committee recommended that the various departments be authorized to order vehicles near the end of the State bid cycle as long as the City budget has been approved.
Mr. Witt moved for the committee's recommendation, seconded by Mr. Weyandt and carried by unanimous roll call vote (Mr. Richter absent).
Contingency Fund - 6" Water Main Repair
The City Manager advised the committee that a major water line break occurred on Route #13. Unexpected maintenance of this type is not budgeted and it will be necessary to use water and sewer contingency funds.
The committee recommended authorizing the City Manager to use water and sewer contingency funds in the amount of $11,221.15.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Christiansen and carried by unanimous roll call vote (Mr. Richter absent).
City Holiday Schedule
The City Employee Holiday Schedule for 1987 was submitted to the committee for review, noting that the State of Delaware is celebrating Martin Luther King's birthday on Thursday, January 15, 1987 and Memorial Day on Friday, May 29, 1987.
The present City schedule for the two holidays coincides with the federal schedule which is January 19th and May 25th.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Lynn and carried by unanimous roll cal vote (Mr. Richter absent), to celebrate Martin Luther King's birthday on January 15, 1987 and Memorial Day on Friday, May 29, 1987.
The Legislative and Finance Committee recommended rescinding action by Council that links City holidays with State declared holidays due to the various times that the State changes a scheduled holiday at the last minute.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Ambruso and carried by a unanimous roll call vote (Mr. Richter absent).
The committee recommended adoption of the 1987 holiday schedule for Civilian Association personnel and Civilian and Police Management personnel, as submitted by the City Manager, noting the former recommendation of the committee to celebrate Martin Luther King's birthday on January 15, 1987 and Memorial Day on May 29, 1987. The committee further recommended to allow the Police Association to revert to the old 11 day holiday schedule without the Martin Luther King Holiday and with the two February President's birthday holidays, amending the Police Contract to reflect same.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a roll call vote of six (6) yes, one (1) no (Mr. Christiansen) and Mr. Richter absent.
Mr. Witt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
UTILITY COMMITTEE WORKSHOP
The Utility Committee met on January 7, 1987 at 7:30 p.m. with Chairman Richter presiding.
Due to the absence of Chairman Richter, Councilman VanSant presented the following report:
Electric Rate Study
Mr. VanSant stated that the Utility Committee Workshop held on January 7, 1987 is the culmination of a six month study conducted by consultants, R.W. Beck and Associates. The purpose of the study was to design rates that are equal to the cost of providing energy to each rate classification. The second objective was to devise a plan spanning five years that would include operating costs as well as maintenance, repairs, and expansion. The study also considered competitiveness with investor owned utilities in the area.
In keeping with the recommendation of the committee, Mr. VanSant moved to recommend adoption of the rate tariff as Submitted in each electric rate classification. The motion was seconded by Mr. Ambruso and by a unanimous roll call vote (Mr. Richter absent), Council adopted the following electric rate tariffs:
RESIDENTIAL SERVICE CLASSIFICATION
This rate is available throughout the City of Dover electric service area for household related services in a single private dwelling and incidental service outside of the home through the same meter, provided such incidental service does not exceed 20 KW of connected load.
CHARACTER OF SERVICE
Secondary voltage, 60 cycle, alternating current, single phase service.
Summer Billing Months Winter Billing Months
Monthly Rate June through October November through May
Customer
Per bill 4.00 4.00
Energy
First 1000 KWH, per KWH .0792 .0748
Over 1000 KWH, per KWH .0792 .0676
MINIMUM MONTHLY BILL
The minimum monthly bill shall be $4.00
SEASONAL SERVICE
Where a Customer takes service regularly for less than twelve months of the year, the monthly bill as calculated in accordance with the standard rate table will be increased by twenty-five percent (25%) before the application of the Fuel Adjustment Clause and any utility tax imposed by the governmental authority. Bills will not be prorated for periods of less than one month.
FUEL ADJUSTMENT CLAUSE
All kilowatt-hours billed under this rate shall be subject to the Fuel Adjustment Clause included in this schedule.
PUBLIC UTILITY TAX
In addition to the charges provided in this service classification a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification.
COMMERCIAL AND INDUSTRIAL SERVICE CLASSIFICATION
AVAILABILITY
This rate is available throughout the City of Dover electric service area for commercial and Industrial purposes through a single meter.
CHARACTER OF SERVICE
Secondary voltage, 60 cycle, alternating current, single or three phase service. Other voltages may be applicable where available and at the option of the City.
Summer Billing Months Winter Billing Months
Monthly Rate June through October November through May
Non Demand Customers
Customer Charge
Per bill 5.00 5.00
Energy Charge
All KWH, per KWH .0923 .0823
Demand Customers
Customer Charge
Per Bill 5.00 5.00
Demand Charge
All KW, per KW 10.75 8.80
Energy Charge
All KWH, per KWH .0430 .0430
Space Heating Customers
Where service for commercial space heating, water heating, and air conditioning is permanently installed and separately metered, the following rate will apply.
Customer Charge
Per Bill 5.00 5.00
Energy Charge
First 3500 KWH, per KWH .0923 .0823
Over 3500 KWH, per KWH .0923 .0770
DETERMINATION OF DEMAND
With the exception of space heating service, when the Customer's usage has exceeded 5000 KWH for two consecutive months or when the City has reason to believe the Customer's demand is in excess of 20 KW a demand meter will be installed.
The billing will be the maximum fifteen minute demand during the month, determined either by an Integrating demand meter, or a lagged thermal demand meter.
In the case of fluctuating loads, such as welders, x-ray machines, elevators, etc. the demand of which cannot readily be measured the billing demand may be established from manufacturer's rating or determined by other suitable methods.
In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%) the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured demand x .90
Average Power Factor
MINIMUM MONTHLY BILL
The minimum monthly bill shall be $6.00 for single phase and $15.00 for three phase service.
The minimum demand charge shall be based on 60% of the greatest billing demand established during any month of the 12 month period ending with the current billing month.
SEASONAL SERVICE
Where a Customer takes service regularly for less than twelve months of the year, the monthly bill as calculated in accordance with the standard rate table will be increased by twenty five percent (25%) before the application of the Fuel Adjustment Clause and any utility tax imposed by the governmental authority. Bills will not be prorated for periods of less than one month.
FUEL ADJUSTMENT CLAUSE
All kilowatt-hours billed under this rate shall be subject to the Fuel Adjustment Clause included in this schedule.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply In accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification.
PRIMARY SERVICE CLASSIFICATION
AVAILABILITY
This rate is available to commercial and industrial Customers taking delivery at the primary voltage available, and where the transforming and protective apparatus is furnished, owned, and maintained by the Customer.
CHARACTER OF SERVICE
Primary voltage, 60 cycle, alternating current, three phase service.
Summer Billing Months Winter Billing Months
Monthly Rate June through October November through May
Demand Charge
All KW, per KW 8.50 5.80
Energy Charge
All KWH, per KWH .0393 .0393
DETERMINATION OF DEMAND
The billing demand will be the maximum fifteen minute demand during the month, determined by an integrating demand meter, or a large thermal demand meter.
In the case of fluctuating loads, such as welders, x-ray machines, elevators, etc. the demand of which cannot readily be measured the billing demand may be established from manufacturer's rating or determined by other suitable methods.
In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%) the measured demand shall- be corrected in accordance with the following formula:
Billing Demand = Measured Demand x .90
Average Power Factor
MINIMUM MONTHLY BILL
The minimum monthly bill shall be equal to the demand charge which shall be based on the greater of three kilowatts or 60% of the greatest billing demand established during any month of the 12-month period ending with the current billing month.
FUEL ADJUSTMENT CLAUSE
All kilowatt-hours billed under this rate shall be subject to the Fuel Adjustment Clause approved by the Council of the City of Dover.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The general rules and regulations of the City of Dover for electric service shall apply to service rendered under this service classification. If a Customer who is on the Primary rate classification wishes to switch to the commercial and industrial classification, the Customer may do so at the Customer's choice. if such a change occurs, the City will determine on a case-by-case basis which portion, if any, of the Customer-owned electrical equipment will be maintained by the City provided, however, that any equipment transferred to City ownership will be so transferred at no cost to the City.
TRANSMISSION VOLTAGE SERVICE CLASSIFICATION
AVAILABILITY
This rate is available by special contract throughout the City of Dover electric service area to Customers located where Dover's existing facilities are adequate to supply the character of service as specified below.
CHARACTER OF SERVICE
The electric power delivered hereunder shall be three phase, sixty cycle alternating current at a nominal potential of sixty-nine thousand (69,000) volts.
Demand, energy and power factor will be metered at the point of delivery of service. All transformation, circuiting and protective apparatus beyond the point of delivery shall be installed, owned and maintained by the Customer. Service shall be supplied and metered at 69,000 volts and the Customer is required to own and maintain all transforming, switching and protective equipment.
MONTHLY RATES
The monthly bill shall be the sum of the demand and energy charges as follows:
Summer Billing Months Winter Billing Months
June through October November through May
Demand Charge
All KW, per KW 6.75 5.20
Energy Charge
All KWH, per KWH .0372 .0372
DEMAND
As used herein "demand" shall be the measured integrated rate of use of energy, expressed in kilowatts, during any fifteen (15) minute period. The measured demand shall be the average of the four (4) greatest demands measured on separate days of each month. In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%) the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured Demand x .90
Average Power Factor
MINIMUM MONTHLY BILL
The minimum monthly charge shall be an amount equal to the sum of the Demand and Energy charges for billing demand of seventy-five percent (75%) of the greatest Billing Demand during the preceding eleven (11) months and energy equal to three hundred (300) hours use of that Demand.
FUEL ADJUSTMENT CLAUSE