REGULAR COUNCIL MEETING
The Regular meeting of Council was held on October 28, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Weyandt and Shevock. Mr. Witt was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an executive session immediately following the meeting to discuss financial matters.
Mr. Roe requested that item 15 of the agenda, pertaining to rezoning of lands located on U.S. Route #13 and Whiteoak Road, owned by J.G. Smith Farms, Inc., be deleted. A letter from George N. Hudson, a representative of Bayard, Handelman and Murdoch, requested that the application for rezoning from C-4 to SC-2 be withdrawn.
Mayor Carroll requested additional agenda items to consider a letter from the Robbins Hose Company concerning the purchase of a new pumper and a letter from John P. Roth, Chairman of the Camden-Wyoming Sewer and Water Authority, relative to connection of the Rodney Village sewage flow to the Kent County sewer interceptor.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1985
The Minutes of the Regular Council Meeting of September 23, 1985 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES - SPECIAL MEETING OF OCTOBER 16, 1985
Mr. Richter referred to page 9, under the caption of Storer Cable Communications Franchise Title Change, and noted the incomplete resolution adopted by Council. A revised resolution was submitted by General Television to allow consent to a transfer of control of the company.
Mr. Richter moved that the resolution adopted during the Council Meeting of October 16, 1985 be rescinded and the revised resolution consenting to an assignment or transfer of control of the cable television system franchise, held by General Television, Inc., be adopted. The motion was seconded by Mr. Weyandt and by a unanimous roll call vote (Mr. Witt absent), Council adopted the following resolution:
A RESOLUTION CONSENTING TO AN ASSIGNMENT OR TRANSFER OF CONTROL OF THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE HELD BY GENERAL TELEVISION, INC.
WHEREAS, the City of Dover granted a CATV franchise to Delaware Teleservice, Inc. on November 24, 1975; and
WHEREAS, Delaware Teleservice, Inc. subsequently transferred its business and assets to General Television, Inc., and General Television Inc. was substituted as a party to the franchise agreement; and
WHEREAS, Section 10 of the franchise agreement between the City of Dover and General Television, Inc. appears to require the consent of General Television, Inc. to the recapitalization and merger plan of Storer Communications, Incorporated, the parent company of General Television, Inc. to the extent to which the recapitalization plan, as set forth in the merger agreement (the "Plan"), involves a change of stockholders of Storer Communications, Incorporated; and
WHEREAS, General Television, Inc. has requested that such consent be granted.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approval and consent is hereby given for the assignment and transfer of control of the CATV franchise held by General Television, Inc., pursuant to the Plan.
Section 2: That this Resolution shall become effective upon its passage and approval.
PASSED AND APPROVED BY THE CITY OF DOVER, this 28th day of October, 1985.
By motion of Mr. Weyandt, seconded by Mr. Richter, the Minutes of the Special Council Meeting of October 16, 1985 were approved as amended, and bore the written approval of Mayor Carroll.
PROCLAMATION - HALLOWEEN - TRICK OR TREAT
Mayor Carroll submitted t e following Halloween Proclamation:
WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to restrict the observance of this holiday to Thursday, October 31, 1985, and
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween observance shall be held on the 31st day of October, 1985 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.
2. That observance of trick-or-treat be limited to the evening of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.
3. That October be "Safe Halloween Month" and to acknowledge the Easter Seal Society for helping to put fun and safety back into Halloween.
4. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.
5. That any person violating this, the Proclamation of the Mayor of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinances of the City of Dover.
PUBLIC HEARING - REZONING SOUTHWEST CORNER OF COURT STREET AND RIVER ROAD - OWNED BY ROBERT J. ZURKOW, LINWOOD R. MILLER AND NICHOLAS J. FISFIS
A public hearing was duly advertised for this time and place to consider rezoning land located on the southwest corner of Court Street and River Road, owned by Robert J. Zurkow, Linwood R. Miller, and Nicholas J. Fisfis.
Mayor Carroll declared the hearing open.
Mr. George Hale, Secretary of the Department of Administrative Services, stated that for several years the State of Delaware has been planning the construction of a new Family Court facility for Kent County. As a result of studies that considered several locations in the City of Dover, the State has endorsed the location on the southwest corner of Court Street and River Road, which requires a change in zoning of the land.
Mr. Bulley questioned the number of parking spaces available, noting that 117 spaces are planned with a staff of 70. This would leave only 47 spaces for patrons.
Secretary Hale advised that preliminary planning indicates that the parking facility will be adequate.
Mayor Carroll declared the hearing closed.
Mr. Christiansen moved for approval of the rezoning, seconded by Mr. Ambruso and by unanimous roll call vote (Mr. Witt 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
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-2 to IO.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-2 to IO on that property located on the southwest corner of Court Street, owned by Robert J. Zurkow, Linwood R. Miller, and Nicholas J. Fisfis.
ADOPTED: October 28, 1985
MONTHLY REPORT - SEPTEMBER
By motion of Mr. Boaman, seconded by Mr. Christiansen, Council unanimously adopted the following monthly reports for the month of September:
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 and Budget Report
Water/Sewer Fund, Revenue and Budget Report
Internal Service Fund, Revenue and Budget Report
Electric Revenue Fund, Revenue and Budget Report
Improvement and Extension Fund, Cash Receipts and Budget Report
Municipal Street Aid Fund, Cash Receipts and Budget Report - July, Aug. & Sept.
Parking Fund, (Bradford Street) - Cash Receipts and Budget Report - July, Aug. & Sept.
Police Grants, Cash Receipts and Budget Report - July, Aug. & Sept.
General, Water/Sewer, and Electric Revenue Fund, Cash Receipts & Disbursements Report
CITY MANAGER’S WRITTEN REPORT - ROBBINS HOSE COMPANY - OCTOBER
Mr. Richter moved for approval of the City Manager's written report of the Robbins Hose Company for the month of October, seconded by Mr. Weyandt and unanimously carried.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 18, 1985
Mr. Bulley and Mr. Weyandt volunteered to serve as judges for the Robbins Hose Company November 18, 1985. Councilman Ambruso was designated as an alternate judge.
PROPOSED ORDINANCE TO COMPLY WITH POLICEMAN'S BILL OF RIGHTS - TITLE 11, CHAPTER 92
By motion of Mr. Weyandt, seconded by Mr. Shevock, Council by unanimous roll call adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the City of Dover Municipal Code be amended by stricking in its entirety Chapter 18, Article I, Section 18-5 and by substituting in lieu thereof the following:
Chapter 18, Article I, Section 18-5
The Chief of Police shall have final disciplinary authority and responsibility within the Police Department, subject to appeals to the Mayor, and shall promulgate and carry out such disciplinary procedures as may be needed within his command. The Chief of Police shall, where cause exists, have the authority to suspend from duty an employee for a period of time not to exceed 30 days, to reduce employees in rank or pay grade, to place employees on probation and to suspend such sanctions as the need arises, or to dismiss au employee from service.
Any employee so disciplined has the right to appeal, on the record, to the Mayor.
ADOPTED: October 28, 1985
RESULTS OF CLYDE HINEBAUGH ANNEXATION REFERENDUM - HORSEPOND ROAD
City Clerk Willis read into the record the following results of the Clyde Hinebaugh annexation referendum, held on October 24, 1985:
FOR ANNEXATION - 2 Votes
AGAINST ANNEXATION - 0 Votes
By motion of Mr. Weyandt, seconded by Mr. Shevock, Council by unanimous roll call vote (Mr. Witt absent), 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 east 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 right of way of Horsepond Road, said point being a corner for these lands and lands of Edward Troise and thence running with said lands in a northeasterly direction for a distance of approximately 510 feet to a corner for these lands and lands of Ernest Zimmerman, thence running with said lands in a southeasterly direction for a distance of approximately 175 feet to a corner for these lands and lands of Frankie Martin, David Schamp, and Marie Kase, thence running with said lands in a southwesterly direction for a distance of approximately 446.55 feet to a corner for these lands in the easterly line of Horsepond Road, thence running with said easterly line of Horsepond Road in a northwesterly direction for approximately 175 feet.
Containing 1.9 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, a part of the City of Dover.
4. That the effective date of this resolution shall be the 29th day of October 1985 at 12:01 a.m. o'clock.
ADOPTED: October 28, 1985
HOLIDAY - NOVEMBER 11, 1985 - REGULAR COUNCIL MEETING
Mayor Carroll noted that the next Regular Council Meeting, to be held on November 11, 1985 falls on a City holiday. He noted that the Council Meeting could be cancelled meeting could be called.
Mr. Richter moved that the Regular Council Meeting of November 11, 1985 be cancelled, seconded by Mr. Shevock and unanimously carried.
REPORT ON PLANNING COMMISSION RECOMMENDATION - MORATORIUM ON TOWNHOUSE (RG-3) ZONINGS
Mr. Roe advised that the question of a moratorium on townhouse zoning (RG-3) was referred by Council to the Planning Commission for a recommendation. The Planning Commission unanimously requested that the moratorium not be exercised, feeling that Council can either grant or deny a zoning. It was also the Planning Commission's opinion that it would not be wise to place a moratorium on townhouses during a time that the City of Dover is amending the Comprehensive Plan. Mr. Roe also stated that the townhouse market has been saturated due to excessive development and no applications for such zoning has been received in his office for some time.
Mr. Shevock moved to acknowledge the recommendation from the Planning Commission, seconded by Mr. Bulley and unanimously carried.
DELAWARE COMMUNITY DEVELOPMENT BLOCK GRANT FUND AUDIT REPORT
Mayor Carroll noted a submission of the Delaware Community Development Block Grant Fund audit by Manter, Lafferty and Mitten. The audit report indicates that the City of Dover has complied in all material respects with applicable compliance items.
Mr. Boaman moved for approval of the audit report, seconded by Mr. Bulley and unanimously carried.
REZONING REQUEST - PROPERTY LOCATED ON SOUTHEAST CORNER OF MIFFLIN ROAD AND DELAWARE ROUTE #8 - OWNED BY ROBERTA P. CARROLL AND ROWE VON PLEASANTON ESTATE
A request was received to rezone property located on the southeast corner of Mifflin Road and Delaware Route #8, owned by Roberta P. Carroll and Rove Von Pleasanton Estate.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Boaman, Council unanimously adopted the following resolution and referred the request 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 on the southeast corner of Mifflin Road and Delaware Route #8 (Hartly Road), consisting of approximately 13.5959 acres, are presently zoned for R-20 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 November 25, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 and R-8 that property located on the southeast corner of Mifflin Road and Delaware Route #8 (Hartly Road), consisting of approximately 13.5959 acres, owned by Roberta P. Carroll and Rove Von Pleasanton Estate.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: October 28, 1985
CORRESPONDENCE
Department of Natural Resources - Public Hearing on November 4, 1985 - Amendments to the Delaware Regulations Governing Hazardous Waste
A notice of the Department of Natural Resources and Environmental Control advised of a public hearing to be held on November 4, 1985 at 9:00 a.m. to consider adoption of amendments to the Delaware Regulations Governing Hazardous Waste.
Mr. Weyandt moved to acknowledge receipt of the notice, seconded by Mr. Bulley and unanimously carried.
Whatcoat Social Service Agency - Ruth N. Dorsey Relief Shelter Agency - Application for Community Development Funds
A letter from Ms. Nancy M. Tate, Director of the Whatcoat Social Service Agency, requested support for their application for Community Block Grant Funds.
Mr. Christiansen moved for referral to the Legislative and Finance Committee, seconded by Mr. Weyandt and unanimously carried.
Request to Abandon Alley between Water and duPont Streets - Robert D. Carter
A letter was received from Robert D. Carter advising of plans to purchase 235 Water Street, the site will be utilized for commercial use. Mr. Carter requested that a 15' alley separating two lots be abandoned by the City.
Mr. Weyandt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Christiansen and unanimously carried.
Robbins Hose Company - Purchase of 2,000 Gallon-Per-Minute Pumper
A memorandum from Fire Chief Wayne C. Hutchison, Robbins Hose Company, requested that Council purchase a 2,000 gallon-per-minute diesel powered Mack pumper to replace a 1953 1,000 gallon-per-minute pumper which is obsolete.
Chief Hutchison was present and stated that the Robbins Hose Company must commit themselves to an agreement of purchase prior to November 9, 1985 due to pending price increases from the chassis, small tool and body vendors.
Mr. Christiansen noted that the matter should be discussed in executive session since it is a competitive bid item.
Mayor Carroll suggested deferral of action until after the executive session.
Connection of Rodney Village Sewage Flow to Kent County Interceptor
A letter from Mr. Robert W. O’Brien, Kent County Administrator, stated that the City of Dover has requested permission to connect Rodney Village sewage flows to the 16" interceptor which conveys Camden/Wyoming sewage to the Isaacs Branch pump station #14. Rodney Village sewage is presently pumped to the City of Dover collection system north of Rodney Village by lift station, located south of Rodney Village Shopping Center. The City of Dover would like to decommission the Rodney Village lift station and eliminate the associated maintenance, labor, and electrical power expenses. The existing hookup requires a separate sewage meter to measure the flow from Rodney Village.
Mr. Bartolotta explained that the question of tapping to the County sewage interceptor is an old matter that was discussed in Utility Committee approximately three years ago. The plans call for abandonment of the Rodney Village lift station and feeding the sewage under gravity beneath Route #13 to an existing County pump station. The agreements to accomplish this project were worked out approximately three years ago but was deferred due to budgetary constraints over the last two years.
Written approval was received from the County approximately two years ago and the County would now like to review the contents of the agreement.
Mr. Richter moved for referral to the Utility Committee, seconded by Mr. Bulley and unanimously carried.
Department of Administrative Services - Temporary Public Health Laboratory - Richardson and Robbins Complex
Mr. Weyandt referred to a letter from Secretary George E. Hale, Department of Administrative Services, alluding to the fact that the State might install trailers for a temporary Public Health Laboratory on the grounds of the Richardson and Robbins complex regardless of the City's action to approve or disapprove the installation. Although Mr. Hale's letter apologized for these remarks that became public, Mr. Weyandt stated that he personally did not accept the letter as an apology and moved that the letter become a part of the Official Records of the City of Dover. The motion was seconded by Mr. Christiansen and by a unanimous vote, the following letter reflects the remarks of Secretary George E. Hale.
"Dear Mayor Carroll:
On behalf of the Department of Administrative Services, I would like to express my appreciation to you and the City Council of Dover for your timely action upon our request for permission to erect a temporary Public Health Laboratory on the grounds of the Richardson and Robbins Complex.
Your prompt attention to this request clears the way for the State to undertake an essential relocation of employees from the Jesse Cooper Building. This will only be a temporary measure and we expect to begin planning for a permanent Public Health Laboratory within the very near future.
Unfortunately, during the original presentation before the Dover City Planning Commission, statements were made that the State Government might proceed with this project even without the approval of the Planning Commission or the City Council. I want to take this opportunity to apologize for those remarks, and to assure you that at no time did either Governor Castle or I adopt that position.
Please feel free to call me if you or any member of City Council has any questions about the progress of the project, and I look forward to working with you on other matters of mutual interest. Thank you for your assistance.
Sincerely,
George E. Hale"
RECESS
Council recessed into executive session to discuss financial matters at 7:55 p.m. and reconvened at 8:25 p.m.
ROBBINS HOSE COMPANY - PURCHASE OF 2,000 GALLON-PER-MINUTES PUMPER
After discussion in executive session on bids related to a new Mack 2,000 gallon-per-minute pumper for the Robbins Hose Company, Mr. Boaman moved that the request of Robbins Hose Company to sign a contract for a bid price of $217,785 for a new pumper body and accessories be approved for the 1986/87 fiscal year budget and that the delivery date be firm for October 1986. Delivery date after October 1986 would be subject to a penalty clause levied on the vendor. Mr. Boaman also stipulated that the contract be reviewed by the City Solicitor prior to any official signature. The motion was seconded by Mr. Weyandt.
Mr. Shevock objected to an expenditure of $217,785 with no prior arrangements for inclusion in the budget.
Mr. Weyandt stated that he agreed with Mr. Shevock in theory, but economically it would be to the City's advantage to sign an agreement for the purchase prior to pending price increases on the equipment.
Chief Hutchison advised that discussions took place with the City Manager on the purchase of the subject equipment prior to the 1985/86 budget year. However, at the time, he was told that funds were not available for the purchase. Robbins Hose Company is now working on a three year, five year, and ten year program for replacement of equipment. This plan will involve the purchase of possibly two new pieces of equipment and the rehabilitation of two other older units. At the present time, Robbins Rose Company has four pieces of equipment in excess of 20 years old and one over 30 years old. The Fire Company is attempting to establish a program that would fit their needs until 1995. This program will be completed within the next three months and copies will be furnished to each Councilman and the Mayor.
By a roll call vote of five (5) yes, one (1) no (Mr. Shevock) and Mr. Christiansen abstaining, approval of the agreement to purchase the new pumper was carried.
Meeting Adjourned at 8:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 28, 1985, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
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November 4, 1985