REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on July 8, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
Mayor Carroll dispensed with the invocation, noting the absence of the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested an additional agenda item concerning Senate Bill 272 - Home Rule.
As a point of information, Mr. Witt advised that the Robbins Hose Company Fire Department is presently being used as a backup to Kent County Emergency Center and are presently dispatching other fire companies outside of Dover to fires. The Kent Emergency Center radio equipment was evidently damaged due to severe thunder storm activity now in progress in the area. He felt that the present situation indicates a wise decision by Council to retain the Robbins Hose Company dispatch center.
Mayor Carroll advised three additional letters received; one relating to alterations proposed at the Insurance Commissioner's Office on The Green, correspondence from Aaron 0. Knopf concerning transfer of City-owned land, and a letter from the Division of Environmental Control relative to a hearing on allocation of water resources.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 24, 1985
Mr. Weyandt moved for approval of the Minutes of June 24, 1985, seconded by Mr. Bulley.
Noting his absence during the meeting of June 24th, Mr. Boaman stated as a matter of record his opposition to the appointment of Faw Casson as auditors for fiscal year 1985/86. As Chairman of the Legislative and Finance Committee, with said committee having reviewed background information on several firms, Mr. Boaman expressed concern that during committee discussions information substantiated a lack of expertise to perform a municipal audit, especially in the area of enterprise funds.
In addition, two of the four firms who submitted references qualified their recommendations.
By a unanimous vote, Council approved the minutes of June 24, 1985, which bore the written approval of Mayor Carroll.
PROCLAMATION - SELECTIVE SERVICE SYSTEM REGISTRATION
Mayor Carroll submitted the following Proclamation:
WHEREAS, the continuation of the program for peacetime registration for the Selective Service System contributes to national readiness by reducing up to two months the time required for a full defense mobilization; and
WHEREAS, the registration program is an important signal to our allies and to our potential adversaries of the seriousness of the United States defense commitment at home and abroad; and
WHEREAS, over one million United States citizens have sacrificed their lives in military service to protect the rights and freedoms of all Americans and registration for selective service is an integral part of current preparedness to preserve these
WHEREAS, nearly ten million men, representing 96% of potential registrants, having registered with the Selective Service System since the resumption of registration and by registering have enhanced United States defense preparedness; and
WHEREAS, the Selective Service System has been tasked with assisting in the process of improving our readiness posture by calling upon 18 year old male citizens to identify themselves by simply registering their name, address, date of birth, and social security number with that system by spending five minutes at the Post Office within 30 days of the 18th birthday.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that registration with Selective Service is an important civic function and urge all young men in the City of Dover to express pride in their Country and belief in its rights and freedoms by registering with the Selective Service System in accordance with the Military Selective Service Act.
UNITED WAY FACILITY - BAYARD AVENUE
Mayor Carroll referred to a request by Mr. Edward Hagemeyer, representing United Way of Delaware, to lease land from the City of Dover on the site of the Bayard Avenue water storage tank and to erect a facility composed of four mobile homes. The mobile homes will be completely gutted, placed on a concrete foundation and covered by a single unit roof, giving the appearance of one building.
Zoning ordinances of the City of Dover restrict mobile homes within the corporate limits. Solicitor Rodriguez, in a letter to Mayor and Council, pointed out that there is no prohibition against using parts of mobile homes for the construction of an office building. He also recommended that the property owned by the City be rezoned from RG-1 to RG-0.
Mr. Richter moved for Council action to rezone the property to enable Mr. Roe to proceed with the rezoning application. The motion was seconded by Mr. Christiansen and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Witt).
CONFIRMATION OF POLICE PENSION BOARD MEMBERS
The City Police Department, in accordance with Section 18-47 of the City Code, held a Pension Board Election on June 11, 1985 and as a result of the election, the Department submitted the following names for approval by Council:
Sgt. Timothy P. Mullaney - Three Year Term
Captain James P. Hutchison - Two Year Term
Captain Larry D. Gray - One Year Term
Mr. Witt moved for approval of the Police Pension Committee as submitted, seconded by Mr. Christiansen and carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 8, 1985 at 4:00 p.m. with Chairman Richter presiding.
Department of Administrative Services - Request for Six Mobile Homes - Richardson and Robbins Site
Mr. Richter advised that the State Department of Administrative Services has withdrawn their request for six mobile homes to be located on the Richardson and Robbins site on Kings Highway.
Bids - West Dover Sewer Interceptor
Bids were received for 2700' of 18" sewer line to be installed from Hazlettville Road to Bennington Street as an extension of the Puncheon Run Interceptor. Teal Construction, Inc. was the low bidder at $366,366.
The committee recommended that the bid be awarded to Teal Construction, Inc.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Shevock abstaining).
Route #8 Sanitary Sewer - Kenton Road to Greentree Village Shopping Center
Bids were received and opened on July 3, 1985 for the construction of a sewer line along Route #8 from the Kenton Road to Independence Boulevard. The project proposes approximately 410' of 10" sewer line and 190' of 6" sewer lateral. The line will serve the Greentree Village Shopping Center. Three bids were received with Tilcon Delaware, Inc. being the low bidder at $48,730.
The Utility Committee recommended awarding the bid to Tilcon Delaware, Inc.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley and carried by a unanimous roll call vote (Mr. Shevock abstaining).
69KV Switch Bids
Bids were received on July 5, 1985 for the 69KV loop. The switches must be able to carry full line current, be motor operated under remote control, and open loop currents. The engineer's estimate for the seven switches was $67,500.
Only one bid was submitted by AJP Sales and Supply Company in the amount of $66,340. The Utility Committee recommended approval of the bid.
Mr. Richter moved to approve the recommendation of the committee, seconded by Mr. Witt and carried by unanimous roll call vote.
Gasoline and Fuel Oil Bids
The City's current contract for regular and unleaded gasoline, #2 diesel, and #2 fuel oil expires on August 31, 1985. Bids were received from five gas and fuel suppliers and opened on July 1st.
In accordance with information furnished by the City Manager, the committee recommended that the supply of regular gasoline, from September 1, 1985 until August 31, 1986, be awarded to Carl King at a price of .8450 per gallon; #2 diesel and #2 fuel oil and unleaded gasoline will be purchased by piggybacking on the State of Delaware contract. The State contract prices are as follows:
Unleaded gasoline - .8950 per gallon
#2 Fuel Oil - .750 per gallon
#2 Diesel - .7595 per gallon
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Witt and carried by unanimous roll call vote.
Capitol Complex - Maintenance Agreement
The City has been attempting to negotiate a new Master Agreement with the State which would more clearly outline responsibilities dealing with traffic control devices. These discussions are still under way.
The City Manager's Office has reached an agreement with the State Department of Administrative Services which clarifies responsibilities for street lighting, grass mowing and maintenance of the streets known as the Capitol Complex. The agreement essentially calls for the State to install and maintain all street lights in the Capitol Complex area. The City will provide energy to these street lights and the City will install, maintain, and provide energy to the street lights east of the St. Jones River.
In reviewing the provisions of the agreement, the committee felt that more research should be initiated to provide additional information to the committee. The Electric Department will conduct a survey to determine how the Capitol Complex is metered.
The committee tabled the matter for further information and discussion.
Ordinance to Control Location of Satellite Dishes on Properties
Mr. Richter advised Council that the Utility Committee discussed the growing need for an ordinance that would control how and where satellite dishes could be installed on properties within the City.
The committee recommended that the matter be referred to the Legislative and Finance Committee.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Mayor Carroll suggested that the City Solicitor begin research on an ordinance to provide necessary provisions for controlling the installation satellite dishes.
Mr. Weyandt moved to approve the Utility Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
SENATE BILL 272 - HOME RULE FOR KENT COUNTY
Mr. Witt stated that Senate Bill 272 is home rule for Kent County without any provisions for relief to municipalities who furnish their own services. The bill passed the Senate by a margin of 20 to 1.
Mr. Witt advises that a committee of Council and Levy Court worked diligently to negotiate some type of an amendment to the Bill that would provide tax protection for municipalities and a local service function budget provision. These amendments were introduced by Representative Outten. However, the Bill passed the House void of any provisions for municipalities.
Mr. Witt moved that City Solicitor Rodriguez investigate the legality of the General Assembly granting Kent County Home Rule with no local service function budget provisions for towns and cities when indeed this was granted to towns and cities in New Castle County. Further, that he cause to be written a resolution pointing out that state government should treat county and local governments on an equal basis. Mr. Weyandt seconded by motion.
Mr. Richter stated that the only way the City will be able to accomplish the provisions of Mr. Witt's motion is to work with the officials of Kent County. He felt that a legal opinion from the Solicitor would not accomplish anything.
Mr. Boaman advised that members of Levy Court promised that if they could have home rule without an amendment, they would sit down with the City and work out a service reimbursement program as opposed to a local service function budget. During committee meetings with Levy Court, the protection of assets was not entirely settled. Before further action of Council, it was Mr. Boaman's opinion that a period of time should be given to attempt further negotiations with members of Levy Court.
Mr. Boaman moved to amend Mr. Witt's motion, adding that a letter be drafted by the Legislative and Finance Committee for submission to the Kent County Levy Court, putting them on notice that the City is anxious for a meeting with the Commissioners to further discuss proposals to recognize municipalities in some type of tax relief.
After a lengthy discussion on the matter, Mr. Boaman called for the question on the amendment to Mr. Witt's motion which was unanimously carried.
A vote on Mr. Witt's main motion was carried with Mr. Richter voting no.
CORRESPONDENCE
Children Playing Signs - East Lake Gardens - Mrs. Joseph Lopez
A letter from Mrs. Joseph Lopez of East Lake Gardens noted that the City recently installed "No Parking" signs around their residential and commercial property and suggested that "Children Playing" signs are needed in the development.
Mr. Witt moved to acknowledge receipt of the letter and refer the matter to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously carried.
Children Playing Signs - Woodcrest Development - Wilson Drive
A letter from Mr. Larry Drennen of 814 Wilson Drive requested "Children Playing" signs in the development.
Mr. Witt moved to acknowledge receipt of the letter and refer the matter to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
Friends of Old Dover - Proposed Alteration to the Kirk Building on The Green
A letter from Mr. Joseph Maybee, representing The Friends of Old Dover, expressed concern that the Insurance Commissioner's Office plans extensive alterations to their facility. The building, known as the Kirk Building, is on the National Register of Historic Places.
Mr. Witt moved to refer the matter to the Building Inspector's Office, seconded by Mr. Christiansen and unanimously carried.
A hand delivered letter to Mayor Carroll from Insurance Commissioner David Levinson, assured those concerned that both he and his department are fully committed to preserving the historic values of the building.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and carried with Mr. Ambruso voting no.
Mayor William D. Schaefer - City of Baltimore - Energy Management Workshop
A letter to Mayor Carroll from Mayor Schaefer of Baltimore, Maryland, invited staff's participation in a multi-state regional energy workshop to be held in Baltimore on September 26 and 27, 1985. He requested that appointed staff members contact Baltimore, Maryland Energy Office.
Mr. Witt moved to acknowledge receipt of the letter and refer the matter to the City Manager, seconded by Mr. Weyandt and unanimously carried.
Complete Coin Corporation - City Video License
A letter from Judy Moor of Complete Coin Corporation requested further consideration by Council of reducing the $100 video license fee. Mrs. Moor noted a sharp decline in this type of business.
Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Stevens/Anstine Company - Greentree Village Zoning Decision
A letter from Mr. Barry Anstine, representing Stevens/Anstine Real Estate Company, requested that Council rehear his zoning application to build apartments off Route #8, adjacent to construction of a shopping center.
Mr. Weyandt moved for referral to the Utility Committee, seconded by Mr. Christiansen.
Mr. Richter objected to referral of this matter to the Utility Committee since it involves a change in the City zoning ordinances to allow the zoning request to be reheard.
Mr. Ambruso felt that referral to the Utility Committee would be an unnecessary delay on the part of Council. It was also his opinion that Council became confused due to lack of information and at the time, was reminded by Mr. Roe that the discussion that took place was relative to site development not zoning the land which was the purpose of the public hearing.
On a call for the question by Mr. Weyandt, the motion to refer the matter to the Utility Committee was defeated.
Mr. Boaman moved to refer the Anstine rezoning decision by Council to the City Solicitor to determine if Council acted properly in their decision of denial. The motion was seconded by Mr. Ambruso.
It was Mr. Richter's opinion that Council did act properly due to the fact of confusing information that was submitted concerning access streets to the planned apartment facility.
Mr. Boaman stated that the Minutes do reflect some confusion during discussions by Council and Mr. Anstine; therefore, the matter should be submitted to the City Solicitor for an overview.
A vote on the motion for referral to the City Solicitor was defeated by a tie vote.
Mr. Witt moved to refer Mr. Anstine's letter to Mayor and Council, which proposes a rehearing on his zoning request, to Mr. Rodriguez for an opinion on its contents. The motion was seconded by Mr. Boaman and carried with Mr. Christiansen voting no.
Town of Clayton - SuDport of Local Service Function Budget Legislation
A letter from James H. Carson, Jr., President of the Clayton Council, advised that Clayton went on record as supporting a form of a local service function concept, granting relief to residents of municipalities from county taxation.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
New York Times - Technology of Cleaning Coal
Mayor Carroll submitted an informational article from the New York Times that outlines technology of burning coal to produce electric energy without causing an environmental impact.
Petition - Bicentennial Village - Traffic Concern on Independence Boulevard Caused by Development
A petition from the Bicentennial Village Steering Committee expressed concern for increased traffic on Independence Boulevard that would be generated by patrons of an adjacent shopping center and opposing piecemeal rezoning in the West Dover area.
Mr. Witt moved to acknowledge receipt of the petition, seconded by Mr. Christiansen and unanimously carried.
Aaron O. Knopf - Transfer of City Owned Land
A letter from Mr. Aaron O. Knopf of 1326 S. Governors Avenue requested that the City transfer to him a City owned triangular plot of land adjacent to his property on the Fiddlers Green side.
Mr. Witt moved for referral to the Legislative and Finance Committee and the City Manager, seconded by Mr. Weyandt and unanimously carried.
Division of Environmental Control - Hearing - Regulations on Allocation of Water Resources
A letter from Mr. Robert J. Touhey, Director of the Division of the Environmental Control, advised of a public hearing in the auditorium of the Richardson and Robbins Building on August 1, 1985 at 7:00 p.m. The hearing record will be the basis for adoption of regulations on the allocation of water resources in Delaware.
Mr. Witt moved for referral to the Utility Committee and the City Manager, seconded by Mr. Weyandt and unanimously carried.
PAY PLAN - MANAGEMENT STAFF
A proposal was submitted by the City Manager giving his office more flexibility in granting pay increases to staff members and department heads.
Mr. Boaman moved for referral to the Legislative and Finance Committee, seconded by Mr. Weyandt and unanimously carried.
BOARD OF DIRECTORS MEETING - NATIONAL LEAGUE OF CITIES
Mayor Carroll advised of a Board of Directors meeting of the National League of Cities in Cleveland, Ohio where the position of the League on revenue sharing was discussed and also the fair labor laws. He advised that he would copy information on discussions in the meeting for Council review.
Meeting Adjourned at 7:35 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 8, 1985, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
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July 15, 1985