REGULAR MEETING

The Regular Meeting of Council was held on August 12, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Bulley, Christiansen, Witt, Weyandt and Shevock. Councilman Boaman was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

AGENDA ADDITIONS/DELETIONS

Mayor Carroll requested two additional items under correspondence; a letter from Michael E. Harkins, Secretary of State, concerning the 1987 Bicentennial and a letter from Alan O. Thompson, Kent County Planning Director.

Mr. Witt requested an executive session immediately following adjournment to discuss personnel matters.

Mr. Richter requested that an item be placed on the agenda for Council approval of the Quarterly Open Meeting of Council of August 5, 1985.

The agenda was unanimously approved as amended.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 22, 1985

Stemming from a question by Mr. Richter, the Minutes of July 22, 1985 were revised to include new pages 5, 6, 7 and 9. The original pages reflected the changes made by Council concerning the Dover Little League contribution from the Mayor and Council budget under the "Revised Budget" column, but did not show the change in the "Budget Amendment" column.

Mr. Witt moved to amend the minutes to reflect the changes made on pages 5, 6, 7, and 9, seconded by Mr. Bulley and unanimously carried.

The Minutes of the Regular Council Meeting of July 22, 1985 were unanimously approved as amended by motion of Mr. Bulley, seconded by Mr. Witt and bore the written approval of Mayor Carroll.

ADOPTION OF MINUTES - QUARTERLY OPEN MEETING OF COUNCIL - AUGUST 5, 1985

By motion of Mr. Christiansen, seconded by Mr. Bulley, the minutes of the Quarterly Open Meeting of Council of August 5, 1985 were unanimously approved.

UTILITY COMMITTEE REPORT

The Utility Committee met on July 24, 1985 at 7:30 p.m. with Chairman Richter presiding.

Whitman, Requardt & Associates - Report on Hydraulic Analysis

The firm of Whitman, Requardt & Associates performed a hydraulic analysis on the City of Dover water system in order to design two water storage tanks to the east and west of the City. The analysis determined that with the water storage tanks and a few major improvements, the City's system would be adequate beyond the turn of the century.

Based on projections for future population and industry to the year 2015, the firm advised that the City needs an additional million gallon water storage tank immediately. The second tank should be constructed within the next two to three years. The plan would place a water storage tank on the east side of Dover, in the vicinity of the City's Recreation Department property. The second tank would be located at the intersection of Walker Road and Kenton Road. This would ideally situate the water storage tanks for emergency fire fighting capacity.

Mr. Richter noted that the analysis revealed that the tank to be located northeast of Dover, in the vicinity of the Dover Parks and Recreation area, should be the first tank installed.

Including the cost of engineering and inspection, the total cost of the tank would be approximately $1,000,000.

It was the recommendation of the Utility Committee that the City construct a fluted column type of water storage tank, which the committee found to be more aesthetically pleasing than the other tanks considered. The committee also recommended that the matter be referred to the Planning Commission for Site Plan approval.

Responding to a question by Mr. Weyandt, Mr. Bartolotta stated that both tanks have already been budgeted. It is his desire to bid both tanks at the same time.

Mr. Richter moved to authorize the City Manager to proceed with engineering for a fluted column type of water storage tank and site selection necessary for the tank and that the matter be referred to the Planning Commission for Site Plan approval. The motion was seconded by Mr. Bulley and approved by a unanimous roll call vote (Mr. Boaman absent).

Water Allocation Regulations - Division of Environmental Control

The committee recommended that staff attend a formal hearing on the water allocation regulations on August 1, 1985. The hearing record will be the basis for adoption of the regulations on the allocation of water resources in Delaware.

Mr. Bartolotta reported that staff attended the hearing and that no controversial matters were discussed that would affect the City.

Betz-Converse-Murdoch - Final Report on Groundwater Development Investigation Study

In a continuing attempt to find additional sources of water, the committee considered a final report from Betz-Converse-Murdoch outlining the results of the second phase of the groundwater development investigation study.

Based on findings of the Phase I groundwater study, test wells on the east side of the City on Long Point Road, between Whiteoak Road and Route #8, indicate a drawing capacity of four million gallons per day. In the southwest sector, near Puncheon Run, a test well indicates three million gallons per day.

Mr. Richter explained that Phase II of the project commissioned the pumping of two wells on the Long Point Road site. It was during this phase that the four million gallon per day drawing capacity was discovered. During the process of water analysis, however, it was found that the water would require treatment. The next step in the project is to continue with a detailed design of the well field and site acquisition for the wells which is estimated to cost $68,500. Total cost for the well field, treatment plant, and piping into the system, is estimated at 2.6 million dollars.

The Committee recommended that the City proceed with Phase III (permitting, test wells and monitoring wells, and land acquisition) of the Groundwater Development Investigation Study at an estimated cost of $68,500.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley.

Responding to a question by Mr. Witt, Mr. Richter stated that chlorination is one method of disinfection but suggested that Mr. Bob Neeson of Betz-Converse-Murdoch be given the floor to further explain other possible methods. There being no objections, Mr. Neeson was requested to address Council on the report.

Mr. Neeson stated that the water will require disinfection. In the estimate of operating costs it was assumed that the least expensive method would be used. Disinfection is generally achieved by chlorination, but two other methods of disinfection could be used. Mr. Neeson stated that treatment by Ozone is widely used in Europe and could be used in Dover. A third alternative would be to use ultra-violet light. This method is widely used in sewage treatment and although it is not well established in the field of water treatment, it is a usable system. The ultra-violet light could be used rather than chlorination for an additional cost of approximately $15,000 per year and the Ozone treatment could be used at an additional cost of approximately $25,000 per year.

In light of the inadequate wells at the power plant, Mr. Weyandt asked if BCM plans to test each well individually, as drilled. He alluded to the wells at McKee Run where the first well was drilled and the water was found to be satisfactory. The remaining wells were then drilled and water from many of these wells were later found to be unsatisfactory.

Mr. Neeson explained their recommendation that the area be tested by wells at 2,000 feet intervals, with testing performed individually on each well. This is no guarantee of success but at least the losses would be minimized.

Prior to purchasing land for the test wells, BCM has recommended that each site be investigated through the development of an option to buy with the property owner. The option would provide the City with the right to enter the property to drill test wells. The purchase price of the land should be agreed upon prior to testing of the wells. If the test wells prove acceptable, then the City would purchase the property at the previously agreed upon price.

The motion to proceed with Phase III of the Groundwater Development Investigation Study at an approximate cost of $68,500 was approved by a unanimous roll call vote (Mr. Boaman absent).

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

POLICE PENSION FUND SUMMARY

As an update to a discussion during the July 22, 1985 Council Meeting, Mr. Shevock submitted the following summary regarding the police officers in the new State Police Pension Plan:

            Receipts (September 1, 1982 - June 30, 1985)

                        Total Employee Contributions                           $ 20,491.06

                        Total City Contributions                                      131,701.05

                                                Total Receipts                            $152,192.11

            Total Disbursements

                        July 1, 1985 to State of Delaware                       $ 71,300.00

                        July 1, 1985 Refunds to Police Officers              5,202.77

                                                Subtotal                                      $ 76,502.77

            Total remaining in existing Police Pension Fund           $ 75,689.34

            TOTAL                                                                          $152,192.11

Mr. Shevock noted that the above summary is based on actual figures and that the true amount to remain in the existing Police Pension Fund is $76,689.34.

Mr. Weyandt moved for acceptance of the report, seconded by Mr. Christiansen and unanimously carried.

APPOINTMENT - DOVER HOUSING AUTHORITY - SIX YEAR TERM - HOWARD STEVENSON

Mayor Carroll noted that Mr. Howard Stevenson has served on the Dover Housing Authority for many years and submitted his name for reappointment. The six year term will expire on August 15, 1991.

Mr. Witt moved for approval of the appointment, seconded by Mr. Bulley and carried by a unanimous roll call vote (Mr. Boaman absent).

CORRESPONDENCE

Liability Insurance Premiums - Solicitor Rodriguez

In a letter to Mayor and Council concerning the alarming increase in liability insurance premiums, City Solicitor Rodriguez reported conversations with Thomas J. Capano, City of Wilmington Solicitor, who stated that they, as well as the City of Newark, are experiencing the same inflated increases in insurance premiums as the City of Dover. Mr. Rodriguez requested permission to work with the Cities of Wilmington and--Newark on this matter in an attempt to discover some avenue of relief.

Mr. Shevock moved to authorize the City Solicitor to work with the Cities of Wilmington and Newark in an attempt to obtain some relief from increasing insurance premiums. The motion was seconded by Mr. Weyandt and unanimously carried.

Delaware Department of Transportation - College Road Improvements

A letter was received from the Delaware Department of Transportation giving notice of their request for Design Approval from the Division Administrator, Federal Highway Administration, concerning improvements to College Road from Road #156 to Route #13. Maps, drawings and environmental statements are available for public inspection at the DelDOT Administration Building.

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

Letter of Appreciation - City Electric Department - Department of Administrative Services

A letter was received from George E. Hale, Secretary - Department of Administrative Services for the State of Delaware, expressing his gratitude to the Electric Department, specifically Mr. Jack French, for their efforts in resolving an electric power failure caused by a lightning strike on the Thomas Collins Building on July 8, 1985. Mr. Hale wished to convey to Mr. French and all crews involved his sincere thanks for a job well done.

Mayor Carroll commended the Electric Department for their efficient service.

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

Disbursement of Fines to Municipalities - Norman A. Barron, Chief Magistrate

A letter was received from Chief Magistrate Norman A. Barron concerning the disbursements of certain funds to municipalities from the Justice of the Peace Courts. In the past, the courts have paid the various municipalities all fines that result from violations of the Delaware Code where the arrest was effectuated by a municipal police officer.

After reviewing the matter, it was found that no such law within the Delaware Code, other than 21 Del. C. Sec. 706, would authorize payment of fines to anyone other than the State Treasurer, and unless legal authority is shown to the courts, such fines shall be paid to the State of Delaware regardless of the arresting police agency, effective September 1, 1985. Chief Magistrate Barron stated no opposition to disbursing to the applicable municipality the fine for a Title 11 arrest effected by the municipal police officer, but stated the need for legal authority to do so. He offered his assistance in the drafting of the necessary legislation.

Mayor Carroll stated that the necessary legislation has already been passed to accommodate this payment to municipalities in New Castle County, suggesting that the matter be referred to Solicitor Rodriguez for immediate action.

Mr. Weyandt moved to refer the matter to the City Solicitor for the drafting of proper legislation to be submitted to the General Assembly. The motion was seconded by Mr. Bulley and unanimously carried.

Kent County Levy Court - Scope of Work - County Revaluation

A letter was received from William Paskey, Jr., President of the Kent County Levy Court, requesting Council's comments in writing on an enclosed "Scope of Work" - County Revaluation, as prepared by the Kent County Board of Assessment and revised by the Levy Court.

The comments are requested to be submitted no later than August 15, 1985. A second meeting with municipalities and other interested parties, as a follow-up to the August 1st meeting, has been scheduled for August 15, 1985 at 7:00 p.m. in the County Administration Building.

Mayor Carroll stated that Mr. Shevock requested a copy of the County's "Scope of Work" at the August 1st meeting and suggested that Council review this material prior to the August 15th meeting.

Mr. Shevock stated the importance of the City's review of this material to compare it with the City of Dover's scope of work, requesting the City Assessor to make a detailed comparison of the two for review by Council members prior to the meeting of August 15th. Mr. Witt reiterated the need for a detailed review of the County's "Scope of Work" so that comparisons and differences with the City's scope of work can be noted prior to the proposed meeting.

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

Fire Siren - Safeway Store at Carroll's Corner

A letter was received from Mr. Ron Holloway, Store Manager of Safeway, requesting that the fire siren, which is located along the State Street side of their store, be relocated to the rear of their parking lot or that the siren pole be raised.

Many patrons of Safeway have complained of the loud siren, and Mr. Holloway feels that it detracts from business.

Mr. Christiansen moved to acknowledge receipt of the letter, seconded by Mr. Weyandt.

Mr. Christiansen reported conversations with Fire Chief Hutchison where it was determined that it would cost the Fire Department between $1,800 and $2,500 to move the siren.

Mr. Witt reminded Council that every time the siren is activated, volunteer firemen are interrupting their schedules to respond to the alarm, feeling that the nuisance of the sound is far out-weighed by its importance. Although this siren was moved only three years ago, he did not object to moving it to the rear of the Safeway parking lot if it would eliminate the problem and still function properly as a fire siren. It was his opinion, however, that the Fire Department should not be held responsible for the cost of moving a siren, suggesting that the City bear the cost if the siren is relocated.

In answer to a question by Mr. Weyandt, Mr. Christiansen stated that raising the siren on the pole would not necessarily eliminate the problem.

The motion to acknowledge receipt of the letter was approved with Mr. Ambruso voting no.

Michael E. Harkins, Secretary of State - 1987 Bicentennial

A letter was received from Michael E. Harkins, Secretary of State for the State of Delaware, requesting that the City respond to an attached questionnaire. The answers to the questionnaire will be used to plan local and state corresponding celebrations during the planned 1987 Bicentennial.

Mayor Carroll suggested that the City of Dover appoint a Bicentennial Committee to consider planned events. This committee could then work with the State to coordinate plans statewide.

Mr. Witt moved to acknowledge receipt of the letter and that Mayor Carroll present Council with the names of proposed committee members for a City of Dover Bicentennial Committee. The motion was seconded by Mr. Christiansen and unanimously carried.

Industrial Park Complex - Kent County Planning Director, Alan O. Thompson

A letter was received from Alan O. Thompson, Planning Director for Kent County, informing Council of the County's attempt, in cooperation with Forward Central Delaware, to develop an industrial park on County land on Horsepond Road. The land is adjacent to the City of Dover, the Civil Air Terminal and the Dover Air Force Base. Mr. Thompson requests an opportunity to formally brief Council on the project, and also plans to invite the City Manager and the City Planner to sit on a Technical Planning Advisory Group for input on the project.

Mr. Witt moved to refer the matter to the Utility Committee, seconded by Mr. Bulley and unanimously carried.

Council adjourned into executive session at 8:25 P.M.

                                                                                    DEBRAH J. BITTNER

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of August 12, 1985, are hereby approved.

                                                                                    CRAWFORD J. CARROLL

                                                                                    MAYOR

August 19, 1985

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