REGULAR MEETING
August 27, 1984
The Regular Meeting of Council was held on August 27, 1984 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 under Correspondence to discuss letter from Robert & Michelle Hollingsworth and J. Oakley & Ruth E. Biddle.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 13, 1984
The Minutes of the Regular Council Meeting of August 13, 1984 were unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Wit and bore the written approval of Mayor Carroll.
ENACTMENT - MAYOR AND COUNCIL REIMBURSEMENT FOR EXPENSES
As directed by Council during the Council Meeting of August 13, 1984, the City Solicitor prepared the necessary changes required to submit to the General Assembly to amend Section 12 of the Charter which would provide for a reimbursement of expenses to Mayor and Council rather than receiving a salary for Council meeting attendance.
Mr. Weyandt moved for approval of the enactment, as prepared by the City Solicitor, seconded by Mr. Christiansen and Council by a unanimous roll call vote, adopted the following enactment:
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO CHANGING COMPENSATION FOR THE MAYOR AND MEMBERS OF COUNCIL FROM SALARY TO REIMBURSEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking Section 12 in its entirety and inserting a new Section 12 to read as follows:
REIMBURSEMENT OF MAYOR AND COUNCIL AND ELECTION BOARD; REIMBURSEMENT FOR EXPENSES.
The Mayor and each member of Council shall be reimbursed for expenses the sum of Ten Dollars ($10.00) for each regular or special meeting of the City Council which he or she attends. Any member of the City Council sitting to hear appeals from the municipal assessment shall be reimbursed for expenses the sum of Ten Dollars ($10.00) and each member of the Election Board shall be reimbursed for expenses in such amount as the Council shall determine. The Mayor and members of the City Council shall be reimbursed for all other expenses incurred in the execution of their official duties.
ADOPTED: August 27, 1984
PUBLIC HEARING - REZONING - 742 S. STATE STREET - MILDRED H. SNOWBERGER
A public hearing was duly advertised for this time and place to consider rezoning property located at 742 S. State Street, owned by Mildred H. Snowberger. The equitable owner is Dr. Honorata M. Bengzon.
Mayor Carroll declared the hearing open.
A petition, containing the signatures of 43 surrounding residents, was received in opposition to the requested rezoning. It was the recommendation of the Planning Commission that the property located at 742 S. State Street not be rezoned.
Mr. Clyde Branscum of Garthwaite Realty was present to represent the owner, Mrs. Mildred Snowberger. He explained that Mrs. Snowberger was unable to attend the meeting due to illness.
Mr. Branscum distributed a map depicting the various non-residential properties in the immediate vicinity of the property proposed for rezoning. He stated that it is the intentions of the equitable owner, Dr. Honorata M. Bengzon, to utilize the first floor for a physician’s office and to rent the second floor as an apartment. This would allow for partial use as a residence.
He assured Council that the property would not be defaced in any way and would prove an asset to the community.
Elizabeth Livingston of 915 S. State Street addressed Council in opposition to the requested rezoning. She alluded to the petition that was submitted from the surrounding property owners, stating that property owners feel that enough doctor and dentist offices are already located in this area. Mrs. Livingston addressed the problem of insufficient parking facilities in the area and increased vehicular traffic. Citing the close proximity of the South Dover Elementary School, she reminded Council of the heavy traffic already in existence on State Street and the hazards to small school children. Based on the problems stated and the recommendation of the City of Dover Planning Commission, Mrs. Livingston requested that City Council deny the requested rezoning for 742 S. State Street.
Mr. Edward Heite, owning a property immediately adjacent to 742 S. State Street spoke in favor of the rezoning request, citing that State Street is not presently considered a residential area. He referred to the many professional and public facilities already in existence, stating that there are only three single family houses on the entire block. Mr. Heite stated that this area has always been a neighborhood of mixed land use, feeling that the block is in the center of a growing metropolitan area on the principal street of the City and that change is a necessary part of growth. It was Mr. Heite’s opinion that denial of the rezoning request would be a denial of history and a postponement of the inevitable.
Mr. Ray Quillen of 921 S. State Street spoke in opposition of the rezoning request. He objected to the encroachment of his residential neighborhood by business and professional offices. Granting rezoning requests of this nature eliminates the possibility of bringing new residential families into the neighborhood. He stated his concerns of increased traffic and insufficient parking in the area.
Mr. Quillen reminded Council that the persons that have spoken in favor of the request have some financial interest in the sale of the property and do not live in the area. He requested that Council listen to the voice of the surrounding residents and deny the rezoning request.
He stated that parking will be available behind the property as well as the parking facilities provided by other nearby professional buildings. He reminded Council that the immediate neighbors of 742 S. State Street have no objections to the rezoning. Referring to the petition that was submitted, Mr. Patterson stated that the majority of the signers do not live on State Street.
Mr. Patterson stated that if the property is rezoned from Dr. Bengzon’s office, it would probably be better maintained than if it were kept as a residential property and assured Council that the property would be aesthetically in keeping with the State Street area.
Mr. William Livingston of 915 S. State Street was present and stated that the majority of the properties in the area of 742 S. State Street are still zoned residential and he stated the importance of maintaining residential zonings in this area. Referring to the petition that was submitted in opposition of the rezoning, Mr. Livingston explained that because this portion of State Street is a short block only 10 of the signers are homeowners on State Street. However, the other 33 signers, living on Sackarackin Avenue, would also be affected by the changes in their residential area if the rezoning is approved.
Mr. Livingston reiterated the possible hazards due to increased traffic, especially for the school children attending South Dover Elementary School. He alluded to the recent discussions by the City of eliminating the parking on the block of State Street in the vicinity of the hospital. This would only shift the parked vehicles to other areas on State Street, resulting in even more parking problems in his neighborhood. He stated his concerns that this problem of parking and increased traffic would not be addressed until after it was too late to rectify the situation.
Mr. Jim Bradford, son-in-law of Mrs. Snowberger, stated that there is an alley behind the property for entering and exiting, alleviating the necessity of using State Street, and that there are ample parking spaces for the facility. He assured Council that Mrs. Snowberger was very concerned about selling the property for a professional use, but is satisfied that het property will not be defaced in any way and will be maintained as it presently exists. He reminded Council that the sale of the property is very important to Mrs. Snowberger at this time due to illness.
Mayor Carroll declared the hearing closed.
Mr. Richter felt that Council should try to avoid spot zoning and should attempt to cluster these professional offices together.
Responding to a question by Mr. Christiansen, Mr. Roe stated that the RG-0 zoning category is a community service type of zoning. The Planning Commission had noted that there are many properties that have been rezoned for this purpose that are still vacant.
Mr. Weyandt moved for denial of the rezoning request, seconded by Mr. Richter and carried by a unanimous roll call vote.
PUBLIC HEARING - ABANDONMENT OF ALLEY BETWEEN SILVER LAKE DRIVE AND LAKEVIEW DRIVE, WEST OF SUNSET DRIVE, EAST LAKE GARDENS
A public hearing was duly advertised for this time and place to consider the abandonment of an alley between Silver Lake Drive and Lakeview Drive, west of Sunset Drive, in East Lake Gardens.
Mayor Carroll declared the hearing open.
Mr. Ed Clarke, residing at 107 Lakeview Drive, was present and informed Council that he had originally requested abandonment of the alley and that he was very much in favor of the proposal. He was concerned, however, that because of the location of the City’s electric poles, the 15' electrical easement that is required must come entirely from his property. He stated that he was concerned about the easement but did not object to the abandonment of the alley.
Mr. Ivan Yoder, owning property at 492 Sunset Drive, spoke in behalf of the alley abandonment.
Mr. Lee McCulley of 482 Sunset Drive informed Council that he was very much in favor of the alley abandonment.
Mayor Carroll declared the hearing closed.
Mr. Weyandt moved that the alley between Silver Lake Drive and Lakeview Drive, west of Sunset Drive in East Lake Gardens, be abandoned, seconded by Mr. Witt. By a unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY IN A DEVELOPMENT KNOWN AS EAST LAKE GARDENS
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 alley laid out upon a plot of East Lake Gardens:
ALL that portion of a 15 foot alley lying between the lands of Edward and Glorina Clarke; being lots 53, 54, 55 & 56 of East Lake Gardens, and the lands of Lee and Erma McCulley and Ivan and Edna Yoder, being lots 49, 50, 51, and 52 of East Lake Gardens, and running for a distance of 200 feet.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot of the area.
ADOPTED: August 27, 1984
MONTHLY REPORTS - JULY
By motion of Mr. Witt, seconded by Mr. Christiansen, the following monthly reports were unanimously approved:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-governmental Service Fund, Revenue and Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Improvement and Extension Fund, Cash Receipts and Budget Report
Noting a request for vacation on the last page of the Building Inspector’s Report, Mr. Weyandt moved to grant approval of the requests for vacation for Mr. Roe during the two weeks of October 8 and October 15, 1984. The motion was seconded by Mr. Richter unanimously carried.
Referring to page three of the City Manager’s Report concerning the newly adopted CURB Program and Blue Cross/Blue Shield benefits, Mr. Shevock commended the City employees who served on a committee to investigate the problem of increased rates for BCBS. He felt that the employees had performed a tremendous task in their endeavors to cut costs without cutting benefits.
ANNEXATION REFERENDUM RESULTS - NORTH DUPONT HIGHWAY
As certified by County officials, the Assistant City Clerk read into the record the following results of two annexation referendums held for properties located on North DuPont Highway:
Referendum #1-11 FOR Annexation/6 AGAINST Annexation
Referendum #2 - 15 FOR Annexation / 8 AGAINST Annexation
Mr. Witt moved for acceptance of the results of the referendums, seconded by Mr. Weyandt and carried by a unanimous roll cal vote.
ANNEXATION - NORTH DUPONT HIGHWAY PROPERTIES
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote approved the inclusion into the City of Dover those properties contained in referendum #2 and adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include two areas in north Dover and east of the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
AREA #1
ALL that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows:
On the south by lands now or formerly of Ruth R. Porter;
On the west by lands now or formerly of The State of Delaware, being the site of Delaware Technical and Community College - Terry Campus;
Beginning at a point in the westerly line of U.S. Route #13 being the northeast corner of lands of the aforesaid Porter, and the southeast corner of these lands, a corner for lands now or formerly of Karl M. Webb and Jacqueline Webb, H/W; thence with the line separating these lands from lands of said Porter the following courses and distances:
1.S 52° 05' W, about 475 feet;
2.N 37° 55' W, about 192.15 feet;
3.N 52° 05' W, about 471 feet to a point in line of lands of Delaware Technical and Community College
Thence with the line of lands of said College, the following courses and distances:
1.N 25° 25' 37" W, about 479.10 feet;
2.N 61° 38' 52" E, about 257.00 feet;
3.N 37° 26' 55" W, about 196.72 feet;
4.S 52° 05' W, about 20.00 feet;
5.N 37° 57' W, about 230.00 feet;
6.N 32° 13' W, about 201.00 feet;
7.N 52° 05' W, about 600.00 feet; running with a line separating lands of First United Pentecostal Church from lands of Delaware Technical and Community College, to a point in the westerly line of U.S. Route #13.
Thence with the westerly line of U.S. Route #13, S 37° 55' E, about 1247.85 feet to the point and place of beginning.
Containing 20.25 acres, more or less (0.032 square miles).
AREA #2
ALL that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows:
On the south and west by lands now or formerly of the State of Delaware, being the site of Delaware Technical and Community College - Terry Campus;
On the north by original southerly line of Kent County Road #100 known as Denney Road;
On the east by the westerly line of U.S. Route #13;
Being more particularly described as follows:
Beginning at a point at the intersection of the westerly side of U.S. Route #13 with the original southerly line of Kent County Road #100 - Denney Road; thence with the westerly line of said U.S. Route #13
1.S 37° 55' E, about 1117.9 feet to a point at a corner for lands now or formerly of aforesaid State of Delaware - Delaware Technical and Community College.
Thence with the line of said College:
1.S 61° 05' W, 820.00 feet to a point;
2.N 25° 32' W, 857.57 feet to a point;
3.N 27° 45' W, 260.00 feet to a point in the original southerly line of said Road #100.
Thence with the said line of Road #100:
1.N 62° 12' E, about 591.40 feet to the point and place of beginning.
Containing 18.108 acres, more or less (0.028 square miles).
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described areas so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 28th day of August 1984 at 12:01 A.M.
ADOPTED: August 27, 1984
ANNEXATION REFERENDUM RESULTS - ROUTE #8 (FOREST AVENUE)
As certified by County officials, the Assistant City Clerk read into the record the following results of an annexation referendum held for properties located on Route #8 (Forest Avenue):
12 FOR Annexation / 17 AGAINST Annexation
Mr. Richter moved for acceptance of the results of the annexation referendum, seconded by Mr. Weyandt and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on August 14, 1984 at 3:00 p.m. with Chairman Witt presiding.
William Satterfield - Trees in City Right-of-Way - Erupting Brick Sidewalk
The committee discussed a request from Mr. William Satterfield for removal of two trees, one on Mary Street and one on Bradford Street, in the right-of-way adjacent to his property. The root system of the trees are erupting the brick sidewalk along the perimeter of his house.
It was the recommendation of the committee that the tree on Mary Street be removed since it is leaning badly and has primary roots lifting the sidewalk. It was the opinion of City staff that the tree on Bradford Street could be saved by trimming back the non-essential root system. It was noted by the committee that in both locations of the trees, Mr. Satterfield would be responsible for repair of his sidewalk.
Mr. Witt moved for approval of the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Witt moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 14, 1984 at 3:10 p.m. with Chairman Witt presiding.
Presentation - Ernest Davidson and Department of Highways - John Hunn Brown Service Road and Proposed Changes at the Intersection of Court Street and Loockerman Street on Route #13 and Route #113
Mr. Ernest Davidson, representing John Hunn Brown, and Mr. Raymond Richter, of the Department of Highways, were present at the committee meeting to discuss proposed changes in the traffic flow between Court Street and Loockerman Street on Route #13 and Route #113.
The Highway Department has proposed that the existing service road be extended for a distance down the South Little Creek Road and that a new roadway be built for traffic traveling north on Route #113 for traffic wishing to turn left on Loockerman Street. The new roadway will begin at the Court Street intersection and will be one-way for those vehicles wishing only to enter Loockerman Street. Mr. Davidson felt this would solve one of the problems for traffic traveling on Route #113 and merging with traffic on Route #13.
A sketch of the service road for development on the Brown property also proposed a new collector road just east of Mr. Brown’s commercial property. The collector road would service vehicles who are patronizing commercial establishments on the Brown property and will run from E. Loockerman Street to the S. Little Creek Road.
The committee discussed in depth many aspects of the proposals, including the possibility of the City maintaining the new road and any possible costs that would be involved in the relocating of City of Dover electric poles.
It was the recommendation of the committee that the concept of the sketch proposing a new collector road and the change of traffic flow on Routes #13 and #113 be presented to Council and that a public hearing be set for the abandonment of that portion of E. Loockerman Street between the alley and S. Edgehill Avenue.
Mr. Witt moved for the adoption of a resolution setting a public hearing for the abandonment on September 24, 1984 at 7:30 p.m. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREET SITUATED IN THE CITY OF DOVER.
Be It Resolved By The Council of The City of Dover:
Section 1. The Council of The City of Dover favors the vacating and abandonment of the following street laid out upon a plot as recorded in the office of the Recorder of Deeds of Kent County, Delaware.
ALL that portion of East Loockerman Street bounded on the southeast by lands of John Hunn Brown, on the northwest by Parcel 2B of Edgehill Acres and running from a point in the northeast line of Alley #1, Edgehill Acres, to a point in the southwest line of S. Edgehill Avenue; being approximately 25' wide and 140.0' in length comprising approximately 3,50 square feet.
Section 2. The Council of The City of Dover will sit on Monday, September 24, 1984 at 7:30 p.m. at City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of The City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED: August 27, 1984
Sounding of Civil Defense Siren
The committee considered a petition submitted that requested that the City cease sounding the civil defense siren, located at Dover Street, each day of the week at noon.
After considering the complaints of residents and businesses of the loud noise of the siren and the disruptions caused by same, it was the committee’s recommendation that the sounding of the civil defense siren, each day of the week, be discontinued and to limit the test to once a week. It was also recommended that a survey be conducted for the possibility of relocating the siren in the most desirable place that is of the least disturbance to the public.
Mr. Witt moved for the recommendation of the committee, stipulating that the civil defense siren be sounded every Friday at noon. The motion was seconded by Mr. Christiansen and unanimously carried.
Pine Street - Sign or Barricade to Notify Motorists “No Access to Route #13"
Residents of Pine Street submitted a petition requesting the City’s assistance in eliminating unnecessary traffic on Pine Street who think they have access to Route #13. The residents suggested a white barricade be erected across the end of the street and that shrubbery or trees be planted to block the open view of the highway.
After considering the problem of motorists attempting to gain access to Route #13 from Pine Street, the committee recommended the placement of signs at S. State Street and Pine Street indicating “No Access to Route #13" as a first step to correct the problem. The committee requested that the residents report the effectiveness of this step after a period of time. If this does not prove effective, then a barricade and shrubbery would be considered.
Mr. Witt moved for approval of the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.
Parking - South Halsey Road
A letter from Mr. Tony Liberto of 922 E. Division Street requested the committee’s consideration of changing the parking on S. Halsey Road from the north side of the street to the south side. Mr. Liberto felt that the change would allow improved vision for traffic traveling through the curve on S. Halsey Road.
It was the recommendation of the committee that the parking on the north side of S. Halsey Road be changed to the south side, feeling that the change would allow for improved vision of vehicular traffic.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Parking on South State Street - Sackarackin Avenue to South Street on the East Side and South Street to Hope Street on the West Side
The committee considered a suggestion by Councilman Weyandt to restrict parking on S. State Street from Sackarackin Avenue to South Street on the east side and from South Street to Hope Street on the west side. Mr. Weyandt cited the traffic congestion that will be incurred with the reopening of the Holy Cross School along with all of the construction that is presently taking place in the area. He also reminded the committee of the hospital being granted an additional entrance off of S. State Street which will aggravate the turning movement of traffic.
It was noted during the committee meeting that action as suggested by Mr. Weyandt would eliminate approximately 66 parking spaces. Mr. Weyandt stated that in reality, there would not be a loss of 66 parking spaces, feeling it would be closer to 40 spaces.
It was the recommendation of the committee that parking be eliminated from Sackarackin Avenue to South Street on the east side of S. State Street and from South Street to Hope Street on the west side of State Street.
Mayor Carroll pointed out a letter that was received from John G. Davis, Executive Officer of the Holy Cross Parish Council, objecting to the elimination of parking on State Street in the vicinity of the Holy Cross Church. The letter requested that parking be prohibited during the work week only, on a trial basis for a period of six months.
Mr. Witt moved for the recommendation of the Safety Advisory Committee, seconded by Mr. Weyandt.
Mr. Boaman moved to amend the motion to exclude Saturdays and Sundays from the parking prohibition. The motion was seconded by Mr. Christiansen.
Mr. Weyandt took exception to the amendment, feeling that prohibition of parking must be of a permanent nature in order to channel the traffic flow. He cited the problems incurred by the City ambulance because of traffic being tied up. Restricting parking would allow room for proper traffic channelization which would be marked by permanent road markings.
Mr. Boaman felt that elimination of the parking restriction on weekends is worth trying on a trial basis, alluding to the need of Holy Cross Church for parking during church services. He felt that Council should attempt to compromise in an effort to be fair to everyone involved.
Mr. Boaman changed his amendment to exclude Saturdays only from the parking prohibitions. As seconder of the motion, Mr. Christiansen agreed to the change.
Mr. Boaman’s motion to amend the main motion to exclude Sundays from the proposed parking prohibitions on State Street was passed by a unanimous vote.
The main motion was approved by a unanimous vote.
Mr. Witt reported that the remaining items on the Safety Advisory Committee report require no action at this time.
Mr. Witt moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Weyandt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 15, 1984 with Chairman Richter presiding.
Award of Contracts - Routine Boiler Work/Gasoline, Diesel and #2 Oil
Due to the recently adopted Purchasing Policy requiring Council approval for any purchases exceeding $25,000, the committee considered the awarding of a contract for routine boiler work and the purchase of gasoline, diesel and #2 oil.
It was the recommendation of the committee that the contract for routine boiler work be awarded to Potts Welding & Boiler Repair Company, noting that the company offered the lowest craft and supervision rates and that the company has provided the City with excellent service in the past.
Mr. Richter moved for approval of the committee recommendation to award the contract to Potts Welding & Boiler Repair Company, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Based on the submission of lowest bid, the committee recommended that the contract for supplying unleaded gasoline be awarded to Carl King at .8090 per gallon, it was also recommended that the contract for supplying regular gasoline, #2 diesel, and #2 fuel oil be awarded to Anthony Oil Company.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt. The motion was carried by a unanimous roll call vote.
Fuel Adjustment Review
The committee reviewed a report by the City Manager’s Office which point out that the cumulative fuel fund for the present period is $4,266,260.90, which was $2,279,839.90 higher than was forecast when the fuel adjustment was set at .00931 last February. The excessive collection is a result of the cost of fuel being lower than predicted and the cost of purchased power from the Grid has been lower than predicted. To rebate the over-collection of the fuel adjustment, the rebated amount must be accelerated by lowering the fuel adjustment.
The committee recommended that the fuel adjustment be reduced to .00531, effective September 1, 1984. It was pointed out that this action will have the impact of placing the rebate back on the June 30, 1985 schedule.
Mr. Richter moved for approval of the committee recommendation to lower the fuel adjustment to .00531, effective September 1, 1984. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Mr. Richter stated that the Utility Committee will continue to review the fuel adjustment on a quarterly basis to keep abreast of any possible over or under estimations.
Sewer Backups - Frear Drive
After receiving complaints from residents of the Frear Drive area of sewer backups, the Utility Committee directed staff to conduct an extensive investigation of sewer blockages that caused basement drains and lavatories to overflow in the Frear Drive area as well as other areas in the City.
Mr. Richter explained that residents on Frear Drive made claim to the City’s insurance carrier for damages incurred when sewage overflowed into their basements. They were notified that the claims would not be honored by the insurance company since no negligence on the part of the City was apparent.
City staff contacted other cities concerning their policy on handling this type of claim and found no solution to the City of Dover’s backup incidences. Staff also investigated the possibility of a no-fault insurance policy that would honor a claim regardless of where the fault lies. It was found that no insurance company would issue this type of policy under the conditions experienced in sewage backups.
It was noted by the Utility Committee that the City has continually suggested that residents purchase plugs that are available for floor drains and also valves for basement lavatories that will alleviate some of the problems.