REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on March 11, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested additional agenda items relative to the KKFS Transportation Planning Group who are holding a project exhibit on the Route #13 relief route study and a letter from The Friends of Old Dover, signed by John Maybee, giving additional information on the proposed removal of an elm tree on The Green.
RESOLUTION - CARLETON WALLS
By motion of Mr. Boaman, seconded by Mr. Weyandt, Council unanimously adopted the following resolution:
WHEREAS, Carleton Walls served as a member of the City of Dover Planning Commission from 1962 - 1968 and from 1970 - 1985, and as a Councilman of the City of Dover from 1962 - 1966 and from 1969 - 1975; and
WHEREAS, Carleton Walls has devoted his time and attention to the important functions of the City of Dover and has played an important role in resolving problems which have been encountered during his years of service.
WHEREAS, during his tenure as Councilman and Planning Commission member, Carleton Walls devoted his time and expertise to the many functions of the City of Dover; and
WHEREAS, the hundreds of hours and personal sacrifices unselfishly given by Carleton Walls have contributed greatly to the betterment of the City and its residents; and
WHEREAS, Carleton Walls has requested that he not be re-appointed to serve on the Planning Commission due to other commitments.
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 express their extreme appreciation to Carleton Walls for the untiring devotion to his duties as a member of the City of Dover Planning Commission.
2. The Mayor and Council of the City of Dover extend their best wishes to Carleton Walls in his future endeavors.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Carleton Walls.
ADOPTED: MARCH 11, 1985
Former Councilman and Planning Commission member, Carleton Walls, was present to receive the resolution from Mayor Carroll who thanked Mr. Walls for his many contributions to the community and the individual time given to perform his duties as a Councilman and Planning Commission member.
PROCLAMATION - RETIREE APPRECIATION DAY
Mayor Carroll issued the following Proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on March 16, 1985 these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT 1, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, March 16, 1985, be known as:
"RETIREE APPRECIATION DAY"
in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
PROCLAMATION - SINGLE PARENTS DAY
Mayor Carroll issued the following Proclamation:
WHEREAS, Parents Without Partners is an organization dedicated to promoting the welfare of single, divorced or widowed parents through education and support groups; and
WHEREAS, the programs of this organization also enhance the well-being of the many children who are members of single-head-of-household families; and
WHEREAS, Parents without Partners, Inc., Dover Chapter 269, is hosting a Mid-Atlantic Regional Conference March 15th, 16th, and 17th at the Dover Sheraton to focus on and give support to the needs of single parents.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, DO HEREBY PROCLAIM March 15th as
SINGLE PARENTS DAY
in the City of Dover, Delaware, and urge all of our citizens to recognize and support the needs of the many single parents living in our City.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 25, 1985
The Minutes of the Regular Council Meeting of February 25, 1985 were unanimously approved by motion of Mr. Weyandt, seconded by Bulley and bore the written approval of Mayor Carroll.
PUBLIC HEARING - ALLEY ABANDONMENT - ALLEY RUNNING NORTH, PARALLEL TO PROPERTY OF G.E.N. ASSOCIATES - NORTH AND QUEEN STREETS AND ALSO AN ALLEY RUNNING EAST AND WEST CONNECTING THE AFOREMENTIONED ALLEY ADJACENT TO PROPERTY OF G.E.N. ASSOCIATES, ROBERT REED AND RALPH DOBSON
A public hearing was duly advertised for this time and place to consider abandonment of a 12' wide alley running east to west bounded by lands of Ralph Dobson, Robert Reed, and Richard Engle, on the west by lands of G.E.N. Associates, on the north by lands of Morris Gross, comprising of approximately 1,266.88 square feet. In addition, to include a 12' wide alley running north and south bounded on the south by North Street, on the west by lands of G.E.N. Associates, and north by the aforementioned 12' alley and lands of Richard L. Engle, being 88' in length and comprising of approximately 1,056 square feet.
Mayor Carroll declared the hearing open.
Mr. Douglas VanSant, Professional Land Surveyor, was present to represent G.E.N. Associates. Mr. VanSant stated that G.E.N. Associates plans to build a group of townhouse style victorian office buildings on lands that would be adjacent to the proposed alley abandonment. In order to provide adequate parking for the facility, the land now occupied by the unused alley will be needed. Mr. VanSant stated that the abandonment of the alley will enable the City to receive tax revenues. He requested that Council approve the abandonment of the alleys.
G.E.N. Associates accepts the responsibility of any charges for surveying and deed preparation but objects to any consideration of a purchase price in the amount of $1.75 per square foot as proposed by the City Manager's Office and approved by the Utility Committee. He stated that the project will enhance the neighborhood and the additional purchase price of the alley right-of-way will certainly burden the developers. In keeping with past precedents set by Council where alleys are conveyed to adjacent property owners at no cost, Mr. VanSant requested that no further consideration be given to the proposed cost of $1.75 per square foot.
There were no other persons present to speak for or against the abandonment of the alley and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Richter noted that the Utility Committee recommended that the alley be abandoned and conveyed to adjacent property owners at a market value of $1.75 per square foot. All costs of the survey, abstract, and deed transfer will be assumed by property owners receiving the land.
Mr. Richter moved for the recommendation of the Utility Committee, seconded by Mr. Shevock.
Mr. Weyandt noted that the City has established a practice of conveying abandoned land on an equal basis to adjacent property owners. In this particular case, there are two alleys involved. The alley running north and south is adjacent to properties owned solely by G.E.N. Associates. The alley running east and west involves a portion to G.E.N. Associates, lands owned by Robert Reed, and Ralph Dobson. He questioned the right of the right to sell any portion of an abandoned alley to a property owner not owning land specifically adjacent to the alley unless some sort of release is obtained.
It was Mr. Rodriguez's opinion that the City has the right to stipulate any conditions that they wish for the sale of the land, although the general practice has been to divide the abandoned land between adjacent property owners.
Mr. Bartolotta reported a conversation with Mr. Richard Engle, an associate of G.E.N., who realizes that adjacent property owners will be given an opportunity to purchase their portion of the abandoned alley. He did express interest in any portion of the alley that adjacent property owners would not wish to purchase.
This would only involve two small sections of the alley that is adjacent to the properties of Mr. Robert Reed and Mr. Ralph Dobson.
A RESOLUTION VACATING AND ABANDONING CERTAIN ALLEYS SITUATED ADJACENT TO LANDS OWNED BY G.E.N. ASSOCIATES THAT FRONT ON NORTH AND QUEEN STREETS RUNNING NORTH AND SOUTH AND A CONNECTING ALLEY RUNNING EAST AND WEST ADJACENT TO G.E.N. ASSOCIATES AND LANDS OF RICHARD ENGLE, ROBERT REED AND RALPH DOBSON.
Be It Resolved By The Council of The City of Dover:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alleys, laid out upon a plot recorded in the Office of the Recorder of Deeds of Kent County, Delaware; said alleys to be conveyed to adjacent property owners for a sum of $1.75 per square foot with the purchaser assuming all costs of surveying, abstract and deed transfer:
Alley #1
All that parcel of a public alley running east to west, bounded on the south by lands of Ralph Dobson, Robert Reed, Richard Engle, and a 12' public alley, on the west by lands of G.E.N. Associates, on the north by lands of Morris Gross, and on the east by a 12' public alley; being 12' in width and 113.89' in length, comprising approximately 1355.68 square feet.
Alley #2
All that parcel of a public alley running north to south, bounded on the south by North Street, on the west by lands of G.E.N. Associates, on the north by a 12' wide alley, and on the last by lands of Richard L. Engle; being 12' wide and 88' in length, comprising approximately 1056 square feet.
Total 2422.68 square feet.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alleys no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the alley and adjoining property perimeters and the revised recorded deeds of the purchaser.
ADOPTED: MARCH 11, 1985
PUBLIC HEARING - PROPOSED WATER LINE ADJACENT TO RUDNICK TRACT - ROUTE #113A, WEBBS LANE AND ROUTE #13
A public hearing was duly advertised for this time and place to consider a proposed water line adjacent to the Rudnick Tract and bordered by Route #113A to the east, Webbs Lane to the south, and Route #13 on the west.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the proposed water line extension and no correspondence.
Mayor Carroll declared the hearing closed.
The City Manager advised that the public hearing set on the proposed water line extension is merely an informational hearing. The proposed water line would be 10" in diameter and would be installed along South State Street Extended, and connects with an existing 10" water line on Route #13. This will basically loop the system that runs through Saxton Lane.
It is proposed that the line be handled by a special assessment project in which the property owners adjacent to the improvement would be assessed on a front foot basis. The engineer's estimate indicates that the front foot charge would be $23.14 per foot.
The property owners to the east of Route #113A, which is presently outside the corporate limits of the City, would be charged a tapping fee when and if they desire the available City water. The cost of the tapping fee would be based on the cost that would be attributable to those properties. This would take action by City Council in terms of a tapping fee ordinance. This subject will be approached when Council adopts the assessing ordinance for the line which will take place after the project is completed.
Mr. Richter advised that the Utility Committee is also studying the possibility of a sewer extension in the same area.
Mr. Richter moved to authorize the City Manager to proceed with the development of a construction plan and specifications and that a special assessment district be initiated in the area where the water main extension will be installed on U.S. Route #113A, Webbs Lane and U.S. Route #13. The motion was seconded by Mr. Weyandt and carried by a vote of seven (7) yes, (Mr. Shevock abstaining).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 6, 1985 at 4:00 p.m. with Chairman Boaman presiding.
Mr. Boaman stated that the Legislative and Finance Committee has reviewed a draft proposal for request to perform audit services for the City of Dover beginning 1985/86 fiscal year, which will be mailed to qualified accounting firms in the area and also firms with offices in Wilmington and Philadelphia.
The committee modified the proposal as follows:
1. Under work flow, a requirement of certification of the audit
2. Completion goal - the word "by" stricken from the sentence and insert in quotes "no later than October 31st following the end of the fiscal year on June 30th"
3. Agreement - the committee suggested that the City Manager be more specific about the right to cancel the agreement
4. Provisions include a one year contract with a two year option
5. Payment of Fees - Provisions concerning progress payments by the City be more restrictive for work completed
Mr. Boaman moved that the proposal be approved as amended by the committee to facilitate mailing of the material by April lst. The motion was seconded by Mr. Weyandt and unanimously carried.
Old Age Property Tax Exemptions
An amendment to Chapter 10, Title 22 of the Delaware Code, regarding tax exemptions for persons 65 years of age or over, was devised by the City Solicitor and recommended for approval by the Legislative and Finance Committee. Mr. Boaman stated that the amendment to Section 102, allowing the governing body of a municipality to determine the exemption for real property is the most important provision. It is essential that City Council approve the amendment so that the legislation can be submitted to the General Assembly for approval.
Mr. Boaman moved for approval of the proposed amendment to the State Code, seconded by Mr. Bulley and carried by a unanimous roll call vote.
Board of Adjustments Ordinance
The present Board of Adjustments of the City of Dover is comprised of the Mayor, the City Solicitor, and the City Engineer. The Legislative and Finance Committee recommended that City Council officially recognize provisions in Title 22, section 322, part (d), of the State Code that allows for a three (3) or five (5) person citizen Board of Adjustments.
Mr. Boaman moved to approve the recommendation of the Legislative and Finance Committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Mr. Richter moved that the City of Dover Board of Adjustments be comprised of a five (5) person board, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Property Tax Proposal - Robbins Hose Company - Councilmen Christiansen and Tudor
Councilman Tudor addressed the Legislative and Finance Committee proposing that the active voting members of the Robbins Hose Company be extended a 20% property tax deduction to indicate that the City appreciates the job the volunteer firemen do.
Mr. Boaman stated that the Legislative and Finance Committee discussed the subject at length and determined that a 20% property tax deduction for active firemen would not be equitable. The committee noted that some of these firemen might not own property and of those that did own property, the values could vary.
The committee recommended that City staff study the matter in cooperation with the Robbins Hose Company and report any suggestions that can be devised at a later committee meeting.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
City Insurance Coverage 1985/86
The committee was advised by staff that the market conditions for necessary City insurance coverage have deteriorated considerably and the City Manager has been informed that premiums could increase substantially. The City presently utilizes a broker of record who solicits quotes from carriers. Commissions paid to the broker of record are shared with local insurance brokers. The Legislative and Finance Committee considered several methods of purchasing insurance; one being to solicit proposals for brokers. A second alternative would involve the hiring of a broker or consultant to recommend coverages for the City, write specifications, bid the insurance, and evaluate the proposals that would be submitted for recommendations by the committee.
The committee recommended that staff prepare bid proposals for insurance comparable to the City's present coverage and submit the results of the proposals to the Legislative and Finance Committee.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt.
Mr. Boaman advised of a conversation with Mr. Ralph Lord of the Hardesty Agency who is the present City of Dover Broker of Record. At the time, Mr. Lord had no knowledge of any proposal by the City that would change the method of purchasing insurance coverage. Mr. Lord requested an opportunity to discuss the matter with the Legislative and Finance Committee, feeling that he could offer some important points that have not been discussed so far.
Mr. Boaman suggested that a two week delay on any decision to purchase insurance would be appropriate to allow Mr. Lord of the Hardesty Agency to address his feelings on the matter.
Mr. Richter moved to amend Mr. Boaman's motion, stipulating that a decision on the purchase of insurance for the City be delayed for two weeks, affording Mr. Lord of the Hardesty Agency, an opportunity to address the Legislative and Finance Committee. The motion was seconded by Mr. Bulley and carried with Mr. Shevock voting no.
Mr. Boaman's main motion was carried by a vote of seven (7) yes, one (1) no (Mr. Shevock).
Senior Surrey Advertisement
The Legislative and Finance Committee was advised by Mr. Bartolotta of the City's difficulty in selling advertisements on the Senior Surrey due to the City's lack of expertise in selling the space. The City Manager contacted other bus systems such as DART and found that they engage advertising agencies to sell advertising space on the buses for a percentage of the revenue.
The committee recommended that staff seek proposals from advertising agencies in the area, negotiating the best percentage of revenue.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Bulley and unanimously carried.
Mr. Boaman moved for approval of the legislative and Finance Committee Report as submitted, seconded by Mr. Shevock and unanimously carried.
SECOND REVIEW - VOTER REGISTRATION PURGE
Council considered the second and final review of the Voter Registration Purge which was initiated with 290 registrants on the first list. A total of 117 persons have re-registered, leaving a total number of purged voters of 173.
Mr. Christiansen moved for approval of the second review of the voter registration purge, seconded by Mr. Boaman and unanimously carried.
OLD DOVER DAYS BANNER - LOOCKERMAN STREET - COUNCILMAN BOAMAN
Mr. Boaman advised that he was approached by the Old Dover Days Committee who requested permission to hang a banner on Loockerman Street to advertise the event and dates. The banner would be anchored at Dover Hardware across the street to Boaman's Gift Shop.
Mr. Weyandt moved for approval of the banner, seconded by Mr. Witt and unanimously carried.
GENERAL TELEVISION FRANCHISE AGREEMENT AND RECONSIDERATION OF RATE INCREASE
Referring to past action by Council, Mr. Richter stated that two votes on a rate increase for General Television resulted in an overall denial by Council. This involved a rate increase of $8.37 from $7.94 and a separate motion for a rate increase to $8.80. Mr. Richter stated that at the time of the vote, he was in favor of granting a base rate increase for General Television of $8.80 per month, therefore voted against the rate increase of $8.37 per month.
General Television has stated that a rate increase probably would have been granted if Council had not been divided between a rate increase of $8.37 and $8.80 and also the fact that the issue was clouded due to the uncertainty of General Television's legal right to apply an automatic 5% rate increase as provided in federal regulations. Since that time, the City Solicitor has issued an opinion that General Television does have the right to apply the automatic 5% rate increase.
The City has also been negotiating with Storer to amend the franchise agreement that would provide that the City of Dover receive 5% versus the present 3% of Storer's annual gross subscriber revenues known as a franchise fee. Noting that the City Solicitor has prepared an amendment to the franchise agreement between General Television and the City of Dover, Mr. Richter moved to authorize the Mayor to sign the amended franchise agreement, increasing the franchise fee from 3% to 5%. The motion was seconded by Mr. Witt and carried by a vote of seven (7) yes, one (1) no (Mr. Shevock). Mr. Richter moved that the requested rate increase from General Television be reopened and that a rate increase from $7.94 to $8.37 basic monthly fee be granted, effective April 1, 1985. The motion was seconded by Mr. Witt.
Mr. Shevock objected to presenting the question of a rate increase for General Television when it was recently defeated by Council. It was his opinion that the request for a rate increase to the City of Dover is being influenced by the Public Service Commission's action to grant an increase to $8.80 per month for basic service.
Mr. Richter stated that the rate increase proposal for the City of Dover was studied by the City staff. The Public Service Commission engaged a professional firm who, in his opinion, had much more expertise to professionally analyze financial data supplied by General Television which resulted in a decision that the rate increase was warranted.
Mr. Tudor stated his negative feelings about a rate increase, reminding Council members that the automatic 5% increase as provided by federal regulations can still be initiated.
By a roll call vote of six (6) yes, two (2) no (Mr. Tudor and Mr. Shevock), a base rate of $8.37 monthly was approved.
CORRESPONDENCE
Parking - Hope & South Streets - Shirley J. Lynch and Joy Ambruso
A letter to Mayor and Council requested an opportunity for further input on the subject of parking on Hope and South Streets in the vicinity of Kent General Hospital.
Mr. Weyandt moved to acknowledge receipt of the letter, seconded by Mr. Shevock.
Mr. Boaman noted that there was a request for the subject to be referred back to the Safety Advisory Committee.
Mr. Boaman moved to amend the motion to include a stipulation that the matter be referred back to the Safety Advisory Committee. The motion was seconded by Mr. Christiansen and carried.
The motion to acknowledge receipt of the letter was carried unanimously.
Request to Place Sign - Holy Cross Auction - Fund Raising Committee
A letter from the Holy Cross High School Fund Raising Committee requested permission to erect a 3' x 4' sign on their property announcing an auction to be held on May 18th. The committee requested permission to place the sign April 18th.
Mr. Richter moved for approval of the request, seconded by Mr. Witt and unanimously carried.
Fieldcrest Apartments - Request to Allow Professional Offices
A letter from Mr. Louis Palombi, General Manager of Fieldcrest Apartments, requested an opportunity to provide space for a general practitioner, dentist and beauty salon at Fieldcrest Apartments.
Mr. Shevock moved for referral to the Planning Commission for review, seconded by Mr. Witt and unanimously carried.
Leonard Taylor - Placement of Signs - Truck Traffic - N. Edgehill Avenue
A letter from Mr. Leonard Taylor requested an opportunity to further discuss the placement of signs restricting truck traffic on N. Edgehill Avenue.
Mr. Richter moved for referral to the Safety Advisory Committee, seconded by Mr. Shevock and unanimously carried.
Mayor Dottie Dempsey - PPM Hazardous Use Permit
A letter from Mayor Dempsey of Cheswold requested support from the City of Dover in opposing an application by PPM to initiate a PCB reduction facility on U.S. Route #13, one-half mile south of Bishops Corner. The hearing for the permit application is scheduled for Marsh 21st.
Mr. Boaman moved to authorize the Utility Committee to render a decision stipulating that the City Manager write a letter supporting the feelings of the Town of Cheswold on the location of a PCB reduction facility on U.S. Route #13, one-half mile south of Bishops Corner. The motion was seconded by Mr. Shevock and unanimously carried.
KKFS Transportation Planning Group - Route #13 Relief Route Study
A letter from Mr. Jeremy Alverez, Deputy Project Manager, advised of a project exhibit for concerned public officials related to the Route #13 relief route study. The exhibit will be held at the Delaware Department of Transportation Building on Route #113 on Friday, March 15, 1985 from 2:00 p.m. to 5:00 p.m.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Boaman and unanimously carried.
Friends of Old Dover - Removal of Elm Tree - The Green
A letter from Mr. Joseph Maybee, President of The Friends of Old Dover, advised the City of engaging a professional tree firm to inspect an elm tree on The Green which City Council has approved for removal. Mr. Maybee stated that the professionals have concurred with the findings of the City of Dover and advised that the tree should be removed.
Mr. Maybee also suggested that the City of Dover and Friends of Old Dover join in an attempt to save the remaining trees of Dover by initiating a spraying project and also a joint program that would replace diseased trees that have been removed from various locations in the City.
Mr. Christiansen moved that the matter of preservation and replacement of trees in the City be referred to the Parks and Recreation Committee, seconded by Mr. Bulley and unanimously carried.
Council adjourned into executive session to discuss personnel matters at 8:40 p.m.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 11, 1985, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
March 18, 1985
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