SPECIAL COUNCIL MEETING
A Special Meeting of Council was held on October 16, 1985 at 9:55 p.m. With Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
Legislative and Finance Committee Report
The Legislative and Finance Committee met on October 15, 1985 at 7:30 p.m. with Chairman Boaman presiding.
Insurance Bids - Life, Accident, and Short Term Disability
Bids were opened on October 3, 1985 for the City's insurance coverage of life, accident, and short term disability. Hardesty Insurance Agency was the low bidder on life coverage at .25 cents per $1,000 of coverage per month, and short term disability at .69 cents per $1,000 of coverage per month. Alexander & Alexander, Inc. was the low bidder for accidental death and dismemberment at a price of .036 cents per $1,000 of coverage per month. The committee noted that the Hardesty Agency's bid of .039 cents for accidental death and dismemberment was only .003 cents higher than Alexander & Alexander, Inc.
It was the committee's recommendation that all three categories of insurance be awarded to the Hardesty Agency.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Library Construction Bids - Amend Library Grants Budget
The committee discussed the library construction bids at length, especially that portion which would have eliminated several phases of the planned work, which included a new heating and cooling system. It was the committee's feeling that most of the items cut from the project are important to the facility. They, therefore, recommended that the low bid of $582,948 be awarded to Lambertson Construction Company, stipulating that the architect re-evaluate the heating and cooling system in an attempt to lower the total cost. A change order in the contract would then be negotiated with Lambertson Construction.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and by a unanimous roll call vote, the bid was awarded to Lambertson Construction Company as stipulated by the committee.
State of Delaware and City of Dover Contract - Grant of $136,252
Mr. Boaman moved that the City of Dover enter into a contract with the State of Delaware to obtain a grant of $136,252 for library construction. The motion was seconded by Mr. Shevock and carried by a unanimous roll call vote.
Library Construction - Appropriation of Revenue Sharing Funds
In order to cover total costs of the library project, it will be necessary to appropriate $138,012 from revenue sharing funds. Mr. Bartolotta stated that this will reduce funds that would have been provided for roads and also the contribution to the Pension Fund.
Mr. Boaman moved to appropriate $138,012 in revenue sharing funds to the library project after the Contingency Fund has been replenished. The motion was seconded by Mr. Shevock and carried by a unanimous roll call vote.
Request to Purchase City Land Adjacent to Garden Court Apartments
A letter from Attorney William Hudson advised of a client who is interested in purchasing City owned land adjacent to Garden Court Apartments.
The committee recommended that the City advertise for sealed bids and sell the property to the highest bidder, but not to sell for less than $59,020 per acre. The committee also stipulated that the property must be utilized for a facility similar to Garden Court Apartments which would be incorporated in the form of deed restrictions. The City would maintain all utility easements and Council would reserve the right to reject all bids.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Volunteer Services - Computer Terminal in Library
The state of Delaware, Division of Volunteer Services, has invited the City of Dover Library to serve as an information and referral site for a computerized volunteer program. The program is designed to match potential volunteers, individuals or groups, to agency's and organization's needs for volunteer services.
Mr. Boaman advised that there would be no cost to the City for the terminal and the committee recommended approval of the terminal installation, feeling that the facility would enhance services furnished by the Library and would be compatible with its day-to-day operations.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.
Kent County Levy Court - City of Dover Revaluation Data
Mr. Boaman stated that the same company who performed the City of Dover property revaluation will be performing the Kent County property revaluation. The County has expressed a desire to acquire information on revaluation of properties located within the City, which would reduce their cost by approximately $38,000.
The committee recommended that the City first negotiate with the County in an attempt to place a value on the City's property revaluation data. After negotiations are completed to the City's satisfaction, then the City would make the information available to Kent County.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved that the chairmen of the four standing committees make up the negotiating team that will talk with the County and those four Councilmen will have the final decision on determining the amount that the City will be reimbursed. The motion was seconded by Mr. Bulley and unanimously carried.
Electric Revenue Bonds - Refunding
Mr. Karia advised the committee that Drexel Burnham Lambert has submitted a proposal to issue a new series of bonds to refund the 1965 Series Refunding Bonds, 1973 Series Refunding Bonds, and the 1973 Series Improvement Bonds of the Electric Department. The refunding process would result in reducing the outstanding Electric Revenue Bond debt and initiate a debt service savings. The bond consultants advise that pending action in the U.S. Congress might disallow any refunding bonds after December 31, 1985. Another proposal is the possibility of amending the provisions of the present Bond Covenants which would be financially advantageous to the City and to the bond holders. Mr. Steve Parkin, First Vice-President of Drexel Burnham Lambert, agreed to furnish additional financial information prior to further consideration by the committee.
Delivery of Council Packets
Stemming from objections by Mr. Shevock, the committee recommended that Council packets be delivered prior to 5:00 p.m. on the Thursday preceding a meeting, rather than the normal practice of the packets being delivered on Friday afternoon (sometimes after 5:00 p.m.).
During discussions in committee, Mr. Weyandt pointed out that delivery of the packets on Friday afternoon affords only one business day (the following Monday) to discuss any of the material with fellow Councilmen or members of staff. Monday holidays further restrict the review time.
Mr. Boaman moved to adopt the policy of delivering Council packets on the Thursday preceding a meeting prior to 5:00 p.m., seconded by Mr. Weyandt and unanimously carried.
It was also noted that agenda items for Council or committee meetings will not be accepted after 12:00 noon on the Wednesday preceding the delivery of the packets on Thursday.
Resolution - Hurricane Gloria
By motion of Mr. Weyandt, seconded by Mr. Boaman, Council unanimously adopted the following resolution:
WHEREAS, on September 27, 1985, Hurricane Gloria threatened the Delaware coast with devastating winds and excessive precipitation, setting into motion the City of Dover Emergency Operation Plan; and
WHEREAS, City of Dover personnel responded to the needs of the community in an efficient and professional manner, restoring electric power, clearing uprooted trees, and performing other necessary emergency duties; and
WHEREAS, through the grace of the Almighty, the City of Dover was spared the full force of Hurricane Gloria's fury, which caused minimal damage to utilities and property.
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 gratitude to the City staff and department personnel who contributed their time and expertise to many emergency situations caused by Hurricane Gloria on September 27, 1985.
2. The Mayor and Council extend their thanks to the citizens of Dover and Kent County for the cooperation and understanding displayed during repairs to interrupted services and clearing of debris.
3. Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover as a tribute to the City staff, personnel of all departments, the Robbins Hose Company volunteers, and citizens of Dover and Kent County.
ADOPTED: October 16, 1985
Resolution - Near East Alignment - Dover By-Pass
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by a vote of seven (7) yes, one (1) no (Mr. Ambruso), adopted the following resolution:
WHEREAS, Mayor and Council of the City of Dover recognize the immediate urgency for positive action concerning the alignment of a Dover By-Pass to insure safety and convenience for vehicular traffic and pedestrians; and
WHEREAS, Mayor and Council are sensitive to the negative effects that the alignment may have on the business establishments, the farm community and residential developments; and
WHEREAS, Mayor and Council have reviewed and discussed the various alignment alternates through the cooperation of the State of Delaware and their consultants, going one step further by seeking the opinion of Norman Day Associates.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council, after many hours of deliberation, wish to be recorded as recommending the Near East Alignment for construction of the Route #13 Dover By-Pass.
2. The recommendation for the Near East Alignment by Mayor and Council is based on logic such as utilization of wet soils not suitable for agriculture or urban development, constraint of commercial development near interchanges, and is an alignment which will be less disruptive to established residential areas.
3. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover and respectfully request the cooperation of the business community, property owners, and citizens in order that this much needed project can be finalized.
ADOPTED: October 16, 1985
Resolution - Robbins Hose Company - Volunteer Duties - Hurricane Gloria
By motion of Mr. Witt, seconded by Mr. Christiansen Council unanimously adopted the following resolution:
WHEREAS, the Robbins Hose Company volunteers historically have displayed their dedication, contribution of personal time, and heroism to their duties; and
WHEREAS, in preparation for possible dangerous emergency situations, volunteers unselfishly left their wives and families to man the fire station twelve hours prior to the forecasted arrival of Hurricane Gloria; and
WHEREAS, during and immediately after the fury of the storm, volunteers acted as stand-by for hazardous downed electric transmission lines and trees, and assisted in the rescue of a marooned boater in the Delaware Bay.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council extend their deep felt appreciation to volunteers of the Robbins Hose Company for their contributions in aiding citizens of Dover and Kent County during the threat of Hurricane Gloria.
2. The Mayor and Council offer a special thanks to the families of the volunteers who sacrificed the comfort and assurance of having their husband present during possible disaster.
3. The Mayor and Council direct the City Clerk to make this resolution a part of the Official Minutes of the City of Dover as a permanent record of their gratitude .to the volunteers of the Robbins Hose Company.
ADOPTED: October 16, 1985
Request for City of Dover Charter and Code Book - Delaware Law Library
The committee considered a letter from the Delaware Law Library requesting the contribution of a Charter and Code Book which could be utilized by local attorneys.
The committee noted that the State of Delaware charges a substantial amount to the City for volumes containing State Code and recommended that the request be denied.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Appointment of City Assessor
Mr. Boaman moved that Mr. L. Chapman Lucas be appointed as City Assessor to fill the unexpired term of Mr. Glen McDowell. The motion was seconded by Mr. Witt and carried by a unanimous roll call vote.
Mr. Richter moved that Mr. Lucas' salary be set by the Legislative and Finance Committee at their next regular meeting, seconded by Mr. Weyandt.
Noting that the City Assessor's salary falls in a G-27 pay scale classification, Mr. Witt felt that Council should set Mr. Lucas' salary since he would be performing the duties of the Assessor.
By a vote of seven (7) yes, one (1) no (Mr. Witt), Mr. Lucas' salary will be set by the Legislative and Finance Committee during their next regular meeting.
By motion of Mr. Boaman, seconded by Mr. Weyandt, the Legislative and Finance Committee Report was accepted as submitted.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 16, 1985 at 7:30 p.m. with Chairman Richter presiding.
Delaware Utility and Transportation Contractors Association - Standard Specifications for Utility Work
A letter from Mr. Robert Edgell, President of the Delaware Utility and Transportation Contractors Association, advised of the organization's endeavor to create one set of standard specifications for utility work for the State of Delaware with the intent to create one document that all municipalities, cities, and subdivisions could use as a basis for any construction work related to sanitary sewers and water lines.
The committee recommended that an endorsement letter by the City be sent to the Delaware Utility and Transportation Contractors Association. The following is the contents read into the record by the City Clerk:
We are in receipt of the standard specifications for utility work in the State of Delaware and appreciate the opportunity to provide comments on the document.
The standard specifications have been forwarded to the City's Department of Public Works for their review to determine if these specifications could be utilized by the City. We feel that the concept of these specifications could prove to be beneficial and would like ample time to thoroughly examine the contents of the documents.
The City will have representatives attending the League of Local Governments meeting on October 24th, and looks forward to DUTCA's presentation of the standard specifications.
Crawford J. Carroll, Mayor”
Mr. Richter moved for approval of the letter to the Association, seconded by Mr. Bulley and carried with Mr. Shevock abstaining.
Rudnick Tract Special Assessment - Water Line
Approximately 2,200' of new 10" water main was recently installed along Route #113A from Webbs Lane to Coopers Corner. The final cost of the line was $103,679.42.
The committee recommended that the front foot assessment be based on an 81' line rather than the 10" oversized line installed by the City and that the property of Mr. Theodore Bole not be included as an assessable since a 2" water line was installed on his property some years ago. They further moved that a front foot charge of $25.41 per linear foot be set for assessment purposes.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Shevock.
Mr. Weyandt objected to basing the assessable charge on an 8" line rather than the installed 10" line, noting that the water users of the City of Dover will be subsidizing the difference in cost.
By a roll call vote of four (4) yes, (Mr. Richter, Mr. Ambruso, Mr. Witt and Mr. Shevock) and four (4) no, the motion to set the front foot charge at $25.41 was defeated.
Mr. Weyandt moved to set a front foot linear assessment charge of $27.04 (excluding the Bole property) and that calculations be based on a 10" line versus an 8" line. The motion was seconded by Mr. Christiansen and by a roll call vote of four (4) no (Mr. Richter, Mr. Ambruso, Mr. Witt and Mr. Shevock), and four (4) yes, the motion failed.
Mr. Richter again moved that the front foot assessable charge be based on an 8" water line, the Theodore Bole property be excluded as an assessable, and a linear front foot charge of $25.41 be set. The motion was seconded by Mr. Shevock and by a roll call vote of six (6) yes, two (2) no (Mr. Christiansen and Mr. Weyandt), Council adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF A WATER LINE IN SOUTH STATE STREET FROM WEBBS LANE TO COOPERS CORNER, KNOWN AS PROJECT 84-06.
WHEREAS, the Council is authorized to install water lines in the City, and by Ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed a water line from Webbs Lane to Coopers Corner in South State Street, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water line, at the rate of $25.41 per front foot adjoining the said water line, with the exception of Theodore Bole, at 1219 South DuPont Highway, whose property was already served by City water.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. All property owners outside the City whose property adjoins the said water line shall pay the equivalent assessment of $25.41 per front foot adjoining the said water line at such time as the property is connected to the City water service.
4. These assessments do not include any costs associated with the future installation of any water services. All future services shall be charged in accordance with the current City of Dover Water Fee Schedule in effect at the time of water service installation.
5. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 9Z per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
ADOPTED: October 16, 1985
Conrail Easement Agreement - Water Line - Division Street
A 12" water line in Division Street requires crossing under the Delmarva Branch of the Consolidated Rail Corporation in the vicinity of the intersection of Division and West Streets. Consolidated Rail has requested a resolution from the Mayor and Council authorizing the execution of an agreement between Consolidated Rail and the City of Dover, which involves a one time fee to the railroad company in the amount of $2,300.
The committee recommended approval of the easement agreement.
By motion of Mr. Richter, seconded by Mr. Shevock, Council by a unanimous roll call vote, adopted the following resolution:
WHEREAS, Consolidated Rail Corporation has requested a Resolution from the Mayor and Council of the City of Dover concerning the installation by the City of Dover of a 12-inch water line encased in a 24-inch steel pipe through the lands and under and across the roadway and tracks of the Delmarva Secondary Track of Railroad in the vicinity of the intersection of Division Street and West Street, 0.25 miles north of the Station of Dover; and
WHEREAS, an Agreement between the Consolidated Rail Corporation and the City of Dover for the execution of this project has been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council hereby authorize an Agreement be entered into with the Consolidated Rail Corporation for the installation of said water line across the property of Consolidated Rail Corporation.
2. That the Mayor and Council authorize the Mayor of the City of Dover to execute the aforesaid Agreement.
ADOPTED: October 16, 1985
Storer Cable Communications - Franchise Title Change
A letter from Mr. Buck Dopp, General Manager for Storer Cable Communications, requested the formal consent of the City of Dover to the proposed merger of Storer Communications, Inc. with a newly formed corporation controlled by KKR Associates, an investment firm.
Mr. Richter advised that the committee recommends approval of a resolution that would change the title of the cable company in the City of Dover Franchise Agreement.
Mr. Richter moved for approval of the committee's recommendation, seconded by Mr. Ambruso and by a unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION CONSENTING TO AN ASSIGNMENT OR TRANSFER OF CONTROL OF THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE, HELD BY
WHEREAS, granted a CATV franchise to on ; and
WHEREAS, Section of the franchise agreement between and appears to require the consent of to the recapitalization and merger plan of Storer Communications, Incorporated, the parent company of
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, has requested that such consent be granted.
NOW, THEREFORE, BE IT RESOLVED:
1. Section 1: Approval and consent is hereby given for the assignment and transfer of control of the CATV franchise held by , pursuant to the Plan.
Section 2: That this Resolution shall become effective upon its passage and approval.
PASSED AND APPROVED BY THE THIS 16TH DAY OF OCTOBER, 1985.
Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
CORRESPONDENCE
Request for Structures - State of Delaware - Richardson and Robbins Property
Mayor Carroll expressed the concern of members of Council and citizens of Dover related to the need of the Division of Public Health from the Jesse S. Cooper Building because of the serious asbestos hazard. A letter from Secretary Hale stated that the Division of Facilities Management has met with officers of The Friends of Old Dover and provided a plan for vegetative screening which will all but completely obscure the structures at the proposed site of the Richardson and Robbins Building. Because of the urgent need, he requested that City Council waive the necessary Architectural Review and act on the request for relocation of the personnel to the Richardson and Robbins site as soon as possible.
A letter from Governor Michael N. Castle supported Secretary Hale's position that the request is an emergency.
Mr. Shevock moved that the Department of Administrative Services be granted permission to erect a temporary laboratory on state owned property, immediately adjacent to the Department of Natural Resources and Environmental Control on Kings Highway at a site known as the Richardson and Robbins Building. The motion was seconded by Mr. Bulley and carried by a unanimous roll call vote.
Delmarva Rural Ministries, Inc. - Support of Capacity Extension of Whatcoat Social Service Agency's Ruth N. Dorsey Relief Shelter
A letter from the Delmarva Rural Ministries, Inc., Deborah Singletary - Executive Director, stated the Ministries' support of Whatcoat Social Service Agency's current efforts to expand the capacity of a relief shelter. Ms. Singletary advised that the shelter is unable to meet the needs that exist. She urged the Dover City Council to support the critical needs of those in the community needing immediate temporary shelter.
Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Weyandt and unanimously carried.
U.S. Department of Housing and Urban Development - Notice of Application Assistance - Dover Housing Authority
A letter from Jan L. Vagassky, Regional Economist for the Economic and Market Analysis Staff - U.S. Department of HUD, attached an application for housing assistance by the Dover Housing Authority. According to provisions of the Housing and Community Development Act, local governments are provided a copy of the application for review and comment. Any objections, comments or information concerning the approval of the application must be received by the U.S. Department of HUD no later than 30 days from the date of the letter, which was postmarked October 2, 1985.
Mr. Shevock moved to refer the matter to the City Manager and Mr. Nadab Bynum, seconded by Mr. Boaman and unanimously carried.
Meeting Adjourned at 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their special meeting of October 16, 1985, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
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October 23, 1985