REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on November 14, 1984 at 7:30 p.m. with Mayor Carroll presiding. Council 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 an additional agenda item under correspondence, concerning traffic in East Lake Gardens, and also a resolution regarding a rescue by the Robbins Hose Company.
The City Clerk requested an additional agenda item to present a rezoning request. The agenda was approved as amended by motion of Mr. Richter, seconded by Mr. Boaman.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 22, 1984
The minutes of the Regular Council Meeting of October 22, 1984 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
RESOLUTION - ROBBINS HOSE COMPANY RESCUE
By motion of Mr. Christiansen, seconded by Mr. Witt, Council unanimously adopted the following resolution:
WHEREAS, on Thursday, October 18, 1984 the Robbins Hose Fire Company was contacted for a rescue at Kirkwood and Division Streets; and
WHEREAS, upon arrival a young female was seen approximately 85-90 feet up a water tower threatening suicide; and
WHEREAS, Assistant Chief Terry Whitham, along with Fireman Charles Boyer, volunteered to climb the tower in an attempt to rescue her while Fireman William Hurley, through the skillful operation of the aerial ladder truck, were able to reach her and drop her into a net once within 20 feet of the ground.
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 appreciation and gratitude to everyone who responded to this life saving rescue of October 18, 1984.
2. The Mayor and Council express a special thanks to Assistant Chief Whitham, and Firemen Boyer and Hurley who were directly instrumental in saving this life and thanks to the Robbins Hose Company for a job well done.
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 everyone concerned for pulling together in a time of emergency.
ADOPTED: November 14, 1984
UTILITY COMMITTEE REPORT
The Utility Committee met on November 14, 1984 at 4:30 p.m. with Chairman Richter presiding.
Primary Rate Tariff Amendment - Manchester Square
Mr. Richter explained that the Housing Authority asked for an amendment to the primary rate tariff because the Authority wanted to change the Manchester Square Housing Project from the primary rate to a commercial and industrial rate. They also requested that the amendment provide that the City would assume responsibility for customer owned electrical facilities. It is noted that under the primary rate a customer is responsible for all electrical equipment maintenance. Staff, after studying the matter, has concluded that it is feasible for the City to assume responsibility for customer owned electric facilities provided that the equipment is transferred to the City free of charge and that the City has the option to refuse ownership of a portion or all of the equipment if it so desires.
The City Manager's Office recommended that if a customer who is on the primary rate classification wishes to switch to the commercial and industrial classification, the customer may do so at the customer's choice. If such a change occurs, the City will determine on a case by case basis which portion, if any, of the customer owned electrical equipment will be maintained by the City provided, however, that any equipment transferred to the City's ownership will be so transferred at no cost to the City. In addition, the customer will be required to sign an agreement with the City; said agreement outlining the City's responsibility for maintenance and access to the equipment.
Questioned by Mr. Weyandt as to the City's responsibility for equipment in the case of Manchester Square, Mr. Bartolotta stated that the City will accept the existing transformers and all other equipment responsibilities will be spelled out in an agreement which will be signed by the Housing Authority.
The Utility Committee recommended approval of staff's recommendation.
Mr. Richter moved to accept the recommendation, seconded by Mr. Boaman and carried by unanimous vote.
Walker Road Improvements
Mr. Richter stated that it has been brought to his attention the need for improvements to Walker Road, from the railroad track west to the Kenton Road. Citizen concern for the safety of pedestrians has been expressed due to the narrowness of the roadway and lack of proper shoulders.
The committee recommended referral to the Safety Advisory Committee.
Mr. Richter moved for the recommendation of the Committee, seconded by Mr. Weyandt.
For the purpose of saving time, Mr. Witt moved to amend the motion, stipulating that the City Manager correspond with the Department of Transportation at his earliest convenience. The amendment was seconded by Mr. Weyandt and unanimously carried.
Mr. Richter's motion for referral to the Safety Advisory Committee was unanimously carried.
Electric Contractor's Handbook
Mr. Richter advised Council that the Electric Contractor's Handbook that will serve as a guideline for the installation and repair of electrical services has been completed and reviewed by committee members and local contractors. A recommendation to Council will be forthcoming after final consideration by the Utility Committee at their next regularly scheduled meeting.
Proposed Route - 69 KV Transmission Line
Mr. Bartolotta stated that approximately one month ago a proposal was submitted to connect the Horsepond Road Substation to the Frazier Substation which would involve the utilization of private property east of town. Due to the uncertainty of the route of the proposed Dover By-Pass, the Utility Committee and Council decided that it would be inappropriate to acquire right-of-way for the 69 KV line at this time.
The engineering staff initiated additional studies on the matter, noting the importance of completing a loop of the 69 KV transmission system.
It is now proposed that a loop be completed from the Horsepond Substation to the St. Jones Substation, utilizing existing right-of-way along present roads and existing power lines. The loop from the Horsepond Road Substation to the St. Jones Substation can be accomplished for approximately $500,000 and would afford a partial loop of the 69 KV transmission system. Phase II of the proposal would connect the St. Jones Substation with McKee Run Power Plant, utilizing the existing power line locations by over-building and completing the 69 KV loop. The ultimate completion of the loop which would complete a loop between the St. Jones Substation and Frazier Substation could be delayed for 5 or 10 years depending on the growth of the area.
Mr. Bartolotta stated that these proposed projects would greatly increase the reliability of not only the 69 KV transmission line but also the 22 KV line.
Mr. Richter advised Council that 1.2 million dollars is currently in the City's approved budget this year for work in this area and Phase I and Phase II of the proposed 69 KV transmission line can be accomplished for less than the budgeted funds.
The Utility Committee recommended that funds presently budgeted remain the same and that engineering design commence on the first phase of the 69 KV transmission line (Horsepond Road Substation to St. Jones Substation) at a cost of $400,000 plus $100,000 for additional equipment required at the St. Jones Substation. When construction starts on Phase I of the project, engineering is to begin on Phase II to complete a 69 KV loop from the St. Jones Substation to McKee Run Power Plant.
Mr. Richter moved for the committee's recommendation, seconded by Mr. Shevock.
Members of Council questioned the degree of necessity to begin the construction of the 69 KV line immediately.
Although agreeing that the proposed project would improve the reliability of the transmission system, Mr. Tudor questioned the urgency of proceeding immediately and felt that the new construction would be unsightly in a residential neighborhood.
Noting the close proximity of the present Council Meeting to committee meetings that were held in the afternoon, Mayor Carroll felt that possibly Council should have more of an opportunity to review all aspects of the 69KV transmission construction. He suggested that the matter be tabled.
Mr. Witt moved to table further consideration of the 69 KV transmission line, seconded by Mr. Christiansen and unanimously carried.
County Industrial Pre-Treatment
An existing federal law states that if there is an industry that is discharging pollutants that exceed certain standards they shall pay a surcharge for the discharge of that affluent.
The federal government is now requiring that owners of treatment facilities implement the standards that are set in place of the federal government. Therefore, the County will now be testing the effluents from industry and will levy fines for any industry exceeding specified standards.
Proposed Electric Administration Building
Mr. Richter advised Council that the City Manager received ten bids on the proposed construction of an Electric Department Administration Building. The bids were very close and the low bidder was far below the original budgeted amount.
Mr. Richter moved for the recommendation of the Utility Committee to award the bid to Simpson Construction Company which will include the base bid for the construction of the Electric Administration Building and the shell of a dispatch center unter alternate #1 for a total bid price of $281,482. The motion was seconded by Mr. Shevock.
Questioned by Mr. Weyandt, Mr. Bartolotta stated that the total bid price does not include site improvement or architectural fees which will bring the total cost to approximately $326,000.
By a unanimous roll call vote, the recommendation of the Utility Committee was approved and the bid awarded to Simpson Construction Company.
Proposed State Water Withdrawal Regulations
Mr. Richter advised that the State is now formulating regulations for withdrawal of groundwater and water supplies from the various aquifers. Included in the regulations is a proposal that municipalities would pay a permit fee for each application for withdraw of water. The League of Local Governments is studying provisions of the regulations and oppose certain proposals concerning user and permit fees that will impact municipalities.
The Utility Committee recommended support of the League of Local Governments stand on the provisions of the State regulations.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Witt moved for acceptance of the Utility Committee Report, seconded by Mr. Christiansen and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 14, 1984 at 6:30 p.m. with Chairman Boaman presiding.
Political Campaign Sign Ordinance
Mr. Boaman stated that there have been various complaints within the City concerning political signs in residential areas that are too many in number, excessive in size and that they are allowed to be erected for too long of a period of time.
Mr. Witt, in a previous meeting, suggested that the Legislative and Finance Committee review City ordinances covering political campaign signs.
The Legislative and Finance Committee, after reviewing the opinion of Mr. Roe, recommended that an ordinance be drafted allowing political signs to be erected for no more than thirty (30) days prior to an election and be removed no longer than five days after the election. One sign will be allowed per property, not to exceed 2' x 2'. Political signs are not permitted on City or State property or daylight corners.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Vehicle Bids
Mr. Boaman advised Council that the Legislative and Finance Committee has reviewed a list of bid prices for vehicles to be purchased for various departments. The bid proposal, as submitted by the City Manager, contained seven Chevettes, two Reliant K cars, two Dodge pickups and a Chevrolet pickup.
The standard purchasing requirements of the City were followed and bid packages were mailed to all local dealers. The bids were compared with the State of Delaware cooperative purchasing contract bids to determine the best value.
The committee recommended approval of the purchase of the vehicles with the exception of vehicle #2 (Chevette) which was substituted for a Citation.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock.
Mr. Weyandt stated that he had advised the Legislative and Finance Committee that the vehicles to be purchased include air conditioning, radios and tinted glass at a cost of approximately $629 per vehicle. It was his opinion that these are unnecessary luxury items and should not be purchased.
By a roll call vote of four (4) yes and four (4) no (Mr. Bulley, Mr. Christiansen, Mr. Witt and Mr. Weyandt), the motion was defeated.
Mr. Weyandt moved that the purchase of the vehicles be approved, eliminating tinted glass, air conditioning, and radios from all Chevettes. The motion was seconded by Mr. Witt.
Mayor Carroll stated that the elimination of air conditioning, radios and tinted glass is unfair and is eliminating equipment that is needed by employees to do a good job and have pride in the duties that are being performed. The absence of air conditioning in the vehicles will also be detrimental to the appearance of employees who have contact with the public, most especially on hot and humid days.
By a roll call vote of four (4) no and four (4) yes (Mr. Bulley, Mr. Christiansen, Mr. Witt and Mr. Weyandt), the motion failed.
Mr. Witt moved that the vehicles, as proposed, be purchased with air conditioning with the exception of two vehicles. The two vehicles without air conditioning will be left to the discretion of the City Manager. The motion was seconded by Mr. Christiansen and carried by a roll call vote of six (6) yes, two (2) no (Mr. Bulley and Mr. Weyandt).
Delaware Housing Authority - Housing Rehabilitation Program
The committee was advised that the City of Dover has been notified by the State of Delaware Division of Housing and Community Development of the availability of a new statewide housing rehabilitation loan program. The program will provide low interest loans to eligible homeowners, both owner-occupied and rentals. The maximum loan available per unit would be $15,000 at an interest rate of 3% with up to 10 years to repay.
The committee recommended that the City of Dover request $105,000 which would enable up to seven property owners to benefit from the program if the maximum loan is $15,000 per unit.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Enforcement - City Housing Code
Mr. Boaman advised Council that Councilman Weyandt has submitted a list of dwellings that are below the Housing Code standards of the City of Dover and should possibly be demolished. This list has been referred by committee to Mr. Roe for his review for the purpose of submitting a list to Council members, affording each Councilman an opportunity to inspect the properties personally. The properties will possibly be submitted to Council at the next Regular Council Meeting.
Mr. Boaman moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
REZONING REQUEST - SOUTHEAST CORNER OF SAULSBURY ROAD AND WALKER ROAD - OAKWOOD PROPERTIES
A request was received to rezone property located on the southeast corner of Saulsbury Road and Walker Road, owned by Oakwood Properties.
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Bulley, Council by a unanimous vote, adopted the following resolution:
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 Saulsbury Road and Walker Road are presently zoned for RG-3 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 January 14, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-3 to RG-O that property located on the southeast corner of Saulsbury Road and Walker Road, owned by Oakwood Properties, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: November 14, 1984
INTERSECTION - RECONSTRUCTION - GOVERNORS AVENUE/STATE STREET/WALKER
Mr. Roe stated that he has received correspondence from Silver Lake Partnership consisting of Krapf and Crompton who advised of a contract with Tilcon for the reconstruction of the intersection located at Governors Avenue, State Street and Walker Road in the spring of 1985.
Mr. Raymond Richter of the State Highway Department has also been notified of the planned project.
CORRESPONDENCE
Parking - South State Street and Sackarackin Avenue - Dr. Edward J. Hynes
Dr. and Mrs. Edward J. Hynes expressed concern for the parking situation that has developed on S. State Street, Sackarackin Avenue and streets south of Kent General Hospital due to hospital employee parking. He suggested two hour parking in the area to help alleviate what is now a hazardous condition.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
Dickinson Medical Group - Use of Van for Diagnostic Services
The Dickinson Medical Group, in a letter to Mayor Carroll, appealed Mr. Roe's decision that their request for the temporary placement of a van at 807 S. Bradford Street would be in violation of Zoning Code provisions.
Mr. Roe advised Council that the equipment is actually housed in a trailer of the type pulled by a truck. The trailer houses x-ray equipment which will be used for their patients once or twice a week. According to the City of Dover Zoning Code, this is not permissable in a RG-0 zone.
Mr. Richter moved that the City Clerk notify the Dickinson Medical Group that they will be afforded an opportunity, at the next Regular Council Meeting, to explain the circumstances under which the trailer and diagnostic equipment will be utilized. The motion was seconded by Mr. Christiansen and unanimously carried.
Civic Center - Larry McAllister, President - Metal Masters
A letter from Mr. Larry McAllister, President of Metal Masters, requested that Council reanalyze their position with regards to going forward with the various surveys that would be required to determine the market potential of a civic center.
Mayor Carroll pointed out that Mr. McAllister pledged his company's support in the amount of $500 towards this effort.
Mr. Witt moved for acknowledgment of the letter, seconded by Mr. Christiansen and unanimously carried.
Open House - Friends of Dover Public Library
A letter from Ms. Jean M. Hadgraft in behalf of the Friends of the Dover Public Library, extended Mayor and Council an invitation to attend an open house to be held on November 18, 1984 between the hours of 2:00 p.m. and 4:00 p.m. for the purpose of informing the public of the needs of the library and details concerning the bond referendum on December 11, 1984.
City of Dover Tax Relief - Representative E. Stuart Outten
A letter to Mayor Carroll and Councilman Boaman from Representative E. Stuart Outten stated his intention to introduce a bill to the 133rd General Assembly concerning tax relief for the City of Dover.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Shevock and unanimously carried.
Congressional Action - Anti-Trust Laws - Single Audit Legislation
A letter to Mayor Carroll from Senator William Roth advised that the Senate recently passed legislation to modify the application of the federal anti-trust law to local governments, granting immunity from monetary damages in anti-trust suits. He opposes a provision in the law which restores the FTC authority to bring anti-trust suits against local governments.
He also pointed out the passage of the Single Audit Act of 1984 for governments receiving federal assistance funds.
Mayor Carroll advised that Solicitor Rodriguez acknowledged the letter on October 29, 1984.
U.S. Post Office - Open House - Postmaster John T. Bailey
A notice to Mayor Carroll from Postmaster John T. Bailey advised of an open house on November 14, 1984 at the Dover Post Office between the hours of 10:00 a.m. and 6:00 p.m.
Guy Isenburg - Tree Causing Sewer Blockage - 96 Orchard Avenue
A letter to Mr. Bartolotta from Guy Isenburg, 96 Orchard Avenue, requested the removal of a tree located in the City right-of-way that has caused tree roots in his sewer system over a period of years.
Mr. Weyandt moved for referral to the Parks and Recreation Committee, seconded by Mr. Shevock and unanimously carried.
Speed Limit Signs - Pear Street - Helen E. Gieske
A letter from Mrs. Helen E. Gieske directed attention to the lack of speed limit signs on Pear Street, feeling that this situation is dangerous because of the close proximity of Fairview Elementary School.
Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. Bulley and unanimously carried.
East Lake Gardens - Traffic Caused by Construction of Chatham Cove
A petition signed by residents of East Lake Gardens advised of developing problems with truck traffic and numerous vehicles associated with construction of Chatham Cove.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Bulley and unanimously carried.
COUNTY ASSISTANCE WITH PARAMEDIC PROGRAM
Mr. Witt reported a conversation with President William Paskey of the Kent County Levy Court who stated that he would be arranging a meeting with City Council in the near future for the purpose of discussing some changed attitudes among Levy Court Commissioners concerning assistance with the paramedic program.
Meeting Adjourned at 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 14, 1984, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
November 21, 1984
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