REGULAR MEETING
April 23, 1984
The Regular Meeting of Council was held on April 23, 1984 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an additional agenda item concerning adoption of the General Fund Budget.
Mr. Shevock requested an executive session to discuss personnel matters, immediately after adjournment.
Mayor Carroll added the results of the 1984 Municipal Election to the agenda and noted an additional item under Utility Committee Report concerning a change in name in the Franchise Agreement from Storer Communications to General Television, Inc.
Mayor Carroll related to an informational item of correspondence concerning a workshop and public hearing by the Delaware Solid Waste Authority concerning amendments to the management plan and solid waste licensing and disposal regulations.
The agenda was unanimously approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 9, 1984
The Minutes of the Regular Council Meeting of April 9, 1984 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt, and bore the written approval of Mayor Carroll.
APRIL 16, 1984 MUNICIPAL ELECTION RESULTS
City Clerk Willis read into the record the following results of the April 16, 1984 Municipal Election, as certified by Chief Judge Councilman Charles Witt and Deputy Judge Councilman John Richter:
Machine Votes Absentee Votes Total
Mayor
Crawford J. Carroll 828 17 845
First District
David A. Shevock 753 18 771
Second District
Francis R. Weyandt 770 17 787
Third District
Gregory P. Boaman 804 17 821
Fourth District
Roger F. Bulley 588 8 596
James C. Hardcastle 559 13 572
Total Votes = 1,180 (Total Registered Voters = 4,500)
Mr. Christiansen moved for approval of the election results as submitted, seconded by Mr. Weyandt.
Mr. Tudor related to his concerns of the operation of the voting machines, noting that machine #42960 jammed and started emitting smoke. After the machine was repaired, the reset rod would not fully recess when a voter entered the booth, making it necessary for the machine operator to manually push the rod in approximately one inch before the electrical portion of the machine would reopen the curtain.
Machine #42904 also jammed late in the afternoon, making it necessary for the Kent County Board of Elections representatives to return to the polls and the machine was repaired.
Mr. Tudor stated that he did not want to present any questions on the results of the election or cast any doubts but he wondered if the machines were accurately recording votes. He criticized the service on the machines and noted that Mr. Roger F. Bulley received only 24 more votes (in the fourth district) than did Councilman James C. Hardcastle. Mr. Tudor noted that he has very little mechanical knowledge of a voting machine operation, but he wanted the facts brought to the attention of Council for further discussion.
Questioned by Mr. Christiansen, Mr. Willis stated that the oldest machine utilized during the election probably would be 20 years. The County is reimbursed for time spent setting up the voting machines.
Mr. Tudor expressed concern that the judges of the election are asked to certify results without the knowledge that the machines could have misconducted votes that were cast.
Mayor Carroll stated that Council has the prerogative to table the results of the Municipal Election and request a complete evaluation of the machines concerning their accuracy or Council could approve the results of the election as certified by the judges.
Mr. Witt, referring to his past experience as an election official, stated that it is not uncommon for mechanical problems to occur in a voting machine. It was his opinion that the judges of the election are not certifying the accuracy or mechanical functions of a voting machine. The judges of an election are certifying that the polls were run above-board and in a fair and equitable manner.
Mr. Tudor moved to table action on the acceptance of the 1984 Municipal Election results for the purpose of arranging a meeting with Kent County Board of Election officials to further explain the function of the voting machines during the election of April 16, 1984. The motion stipulated that the findings of this meeting be reported to Council and action on the matter not exceed a one week time period. The motion was seconded by Mr. Hardcastle and by a roll call vote of six (6) yes, one (1) no (Mr. Shevock) with Mr. Richter absent, the tabling motion was approved.
Mayor Carroll advised that the City Clerk will arrange the meeting with representatives of the Kent County Board of Elections and members of Council. He also suggested that a special meeting be called when the report on the voting machines is prepared for action by Council on the results of the municipal election.
PUBLIC HEARING - REZONING - 1682 NORTH DUPONT HIGHWAY - TRAILER VILLAGE, INC. - RUTH R. PORTER
A public hearing was duly advertised for this time and place to consider rezoning property located at 1682 N. duPont Highway, owned by Trailer Village, Inc. and represented by Ruth R. Porter.
Mayor Carroll declared the hearing open.
Attorney Ron Smith, representing Heatherwood Corporation, equitable owner, was present to speak in favor of the rezoning and to answer any questions presented by members of Council. Mr. Smith stated that the land would be used for development with commercial development on Route #13. The land is located approximately 600' north of the Sheraton Inn on the southbound land of Route #13.
The Planning Commission recommended approval of the rezoning and there was no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Christiansen moved for approval of the rezoning, seconded by Mr. Witt and by a roll call vote of seven (7) yes (Mr. Richter absent), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1682 N. DUPONT HIGHWAY.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-20 to RG-3 and C-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to RG-3 and C-4, on that property located at 1682 N. duPont Highway, owned by Trailer Village and Ruth R. Porter.
ADOPTED: APRIL 23, 1984
PUBLIC HEARING - REZONING - PROPERTY ON EAST SIDE OF ROUTE #13 - SOUTH DUPONT HIGHWAY - KISHOR C. SHETH
A public hearing was duly advertised for this time and place to consider rezoning property located on the east side of Route #13, South duPont Highway, owned by Kishor C. Sheth.
Mayor Carroll declared the hearing open.
Mr. A. Robert Serean of 305 Lotus Street was present to oppose the rezoning request. Mr. Serean stated that the property to be rezoned is directly across from his residence and Mr. & Mrs. Thomas Murray have submitted a letter in opposition. He noted that Mr. Sheth’s present business, the El Sombrero, has a liquor license and if a parking lot was to be installed on the land to be rezoned, disturbances from the result of drinking alcoholic beverages might be undesirable.
Mr. Joseph Martin of 104 Evergreen Drive, Morris Estates II, advised Council that his property is directly behind the El Sombrero. He was concerned that the proposed C-4 zoning might allow expansion of the present facility. He stated that the present facility incorporates bright lights late at night and sometimes a considerable amount of noise is created by patrons. If the present facility is expanded, he was concerned that the lights and noise level would increase.
Ms. Ann Happel of 147 Evergreen Drive expressed concern that the expansion of the El Sombrero might create a traffic problem, noting that there are two other restaurants in the same area and only one entrance onto Route #13.
It was noted that a letter was received from Mr. & Mrs. Thomas W. Murray, Jr., opposing the rezoning because the property borders Lotus Street, east of Route #13, and the rezoning might devalue their property. The letter also expressed concern that patrons of the El Sombrero would be using their street for an entrance and exit.
The Planning Commission recommended approval of the rezoning.
Mayor Carroll declared the hearing closed.
Mr. Roe advised Council that the land to be rezoned fronts on U.S. Route #13 and essentially is in a commercial area although he did not wish to get into the area of contractual zoning. He stated that the proposed use would be for expansion of the present restaurant and a parking lot.
Questioned by members of Council, Mr. Roe stated that the plot of land to be rezoned could not be utilized for a separate facility since it does not have the proper dimensions that would be required by the Zoning Code. Expansion of the present facility would be acceptable since the property joins the present lands of the El Sombrero.
Mr. Tudor moved for denial of the rezoning request, seconded by Mr. Christiansen.
By a roll call vote of four (4) yes, three (3) no (Mr. Tudor, Mr. Christiansen and Mr. Weyandt) with Mr. Richter absent, the rezoning was approved and Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EAST SIDE OF ROUTE #13, SOUTH DUPONT HIGHWAY.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of the zoning and planning to change the permitted use of property described below from R-20 to C-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-4, on that property located on the east side of Route #13, South DuPont Highway, owned by Kishor C. Sheth.
ADOPTED: APRIL 23, 1984
MONTHLY REPORTS - MARCH
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, the following monthly reports for the month of March 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 and Budget Report
Electric Revenue Fund, Budget Report
Budget Reports - Electric Divisions
Parking Fund (Bradford St. Lot) Cash Receipts & Budget Report - Jan., Feb. & March
Police Grants Fund, Cash Receipts & Budget Report - Jan., Feb. & March
Municipal Street Aid Fund, Cash Receipts & Budget Report - Jan., Feb. & March
UTILITY COMMITTEE REPORT
The Utility Committee met on April 18, 1984 at 7:30 p.m. with Chairman Richter presiding.
In the absence of Chairman Richter, City Clerk Willis presented the report of the Utility Committee.
Changing City of Dover Franchise Agreement - Storer Communications, Inc. to General Television, Inc.
A letter to Mayor Carroll from Mr. Dick Clark, District Manager of General Television Inc., dated April 10, 1984, requested that the City’s franchise agreement be changed to reflect General Television, Inc. versus the present designation of Storer Communications, Inc. Mr. Clark explained that General Television, Inc. is the Delaware Corporation with Storer Communications being the non-Delaware parent company.
The company recommended approval of the company name change, subject to a full review and approval by the City Solicitor.
Mayor Carroll advised Council that City Solicitor Rodriguez has reviewed the franchise agreement and it is his opinion that the change would not violate the agreement and only changes the name designation from Storer Communications, Inc. to General Television, Inc.
Mr. Witt moved for approval of the company name change from Storer Communications, Inc. to General Television, Inc., seconded by Mr. Boaman and carried by a unanimous roll call vote (Mr. Richter absent).
General Television, Inc. - Request for Rate Increase
The City Clerk advised Council that General Television, Inc. has submitted a request for a rate increase which would involve a basic service increase from $7.22 to $8.95 monthly including the 5% state utility tax. In addition, the proposal contained a proposed rate of $2.00 monthly for each additional outlet as opposed to a present rate of $1.00.
In reviewing the rate increase request, the City will have sixty (60) days to investigate and determine if the increase is justified which will include a public hearing set by Council.
The committee recommended that staff review the financial data submitted by General Television, Inc., keeping Council informed of progress during said review. The Utility Committee will meet on May 16, 1984 to discuss the findings of staff and be prepared to present a recommendation to the Council who set a public hearing as provided by the franchise agreement.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Channel 65 - Vineland, New Jersey
Mr. Clark advised the committee of receiving a request from Channel 65 Vineland, New Jersey to carry their signal. This request falls under the must-carry rules of the FCC, meaning that one of the present channels furnished by General Television would be bumped unless a waiver is approved by the FCC. He stated that Mr. Levitt has consented to assist his company in procuring a waiver since the public sector exerts favorable influence with the commission.
The committee agreed that Mr. Levitt should assist General Television in obtaining a waiver.
It was the committee’s recommendation that the City Clerk correspond with Vineland, New Jersey, Channel 65, with the assistance of Mr. Clark, requesting all information available concerning Channel 65 and programming that is offered.
Mayor Carroll explained the importance of receiving the programming information, stating that the request from Channel 65 in Vineland falls under the must-carry rules and one of the present stations now carried by General Television could be bumped unless a waiver is approved by the FCC.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.
City of Dover Procedures - Electrical Contractors
The City discussed a complaint from Mr. Donald Pepper, electrical contractor, which involved the procedure of the City of Dover when a contractor is performing changes to the electric service of a customer.
Mr. Pepper was present and stated that one of his complaints relates to a breakdown in communication between contractors and the City of Dover that causes delays.
The City Manager has met with the contractors and an additional meeting is planned in the future. A list of concerns has been submitted by the contractors for review by staff. After response to the concerns of the electrical contractors, draft language on regulations and procedures of the City will be compiled and submitted to the committee for review with the main objective of printing a booklet that will outline all procedures and regulations. The booklet will be made available to the contractors.
Electrical Rate Inquiry - 909 Group - Thomas Collins Building
Mr. Fritz Hessemer, engineer for the State of Delaware, Mr. Steven Cantera, a representative of Cantera Associates, and Mr. George Donnely, project manager on the Thomas Collins Building for the State of Delaware, appeared before the committee to discuss a request that the City review the electrical rate structure for energy use at the Thomas Collins Building, located at 540 S. duPont Highway. The facility is now on what is known as a primary electric rate which means that the owner owns and maintains his own transformer.
City staff prepared a nine month comparison between primary rates and commercial rates and found that the present primary rate was a savings of $567.22 to the Thomas Collins Building.
Mr. Cantera stated that he was informed by the City that a transformer would not be supplied for a secondary service. This was prior to construction of the building. It was then necessary for the State to expend $16,400 for a transformer to accommodate a primary service.
Mr. Bartolotta advised the committee that City of Dover records reveals no documentation that the City suggested that the installation of a primary service versus secondary. He did find a record of a telephone call received from an electrical contractor which indicated a load data of 500 KW to 800 KW which would have indicated that a primary rate would not have been advantageous.
Mr. Bartolotta will investigate further the circumstances behind the installation of the primary service and share any financial data available to representatives of the Thomas Collins Building relating to electrical rate structures.
Report - Public Works Standards and Procedures
Mr. Roe advised that a workshop was held with three members of the Planning Commission, City staff, the contractors and Councilmen Richter concerning the Public Works standards and procedures. The purpose of the meeting was to define what portion of the Subdivision Regulations would be conflicting with the Public Works portion of the procedures. A list of amendments have been compiled for the Subdivision Regulations. He recommended that the entire Subdivision Regulation booklet be reprinted incorporating these amendments and that a public hearing be held by the Planning Commission for adoption with final approval by Council.
Mr. Bartolotta stated that the Public Works Standards booklet can be published very quickly after the Planning Commission approves the Subdivision Regulation amendments.
Review of Electric Fuel Adjustment
The City Manager advised the committee that since the two months when the fuel adjustment was reduced, the City has essentially collected about $350,000 less than expenses. He felt that the City would be in an excellent position to have a six (6) month review of the electric fuel charge in July and at that time, present an 18 month projection.
The Utility Committee will continue tracking the electric fuel adjustment and report any changes that might be necessary.
Sale of City Owned Lot - Cherry and Slaughter Streets
The City Manager advised the committee of receiving two bids on a City-owned lot located at Cherry and Slaughter Streets; one being in the amount of $500 and the other in the amount of $600. Staff recommended that the property be sold to Mr. Joseph Burden in the amount of $600 plus all costs that is associated with the deed transfer.
It was the committee’s recommendation that the property be disposed of as recommended by the City Manager.
By motion of Mr. Hardcastle, seconded by Mr. Christiansen, Council by a unanimous roll call vote (Mr. Richter absent) approved the sale of the land to Mr. Joseph Burden in the amount of $600, stipulating that all costs associated with the deed transfer be the responsibility of the purchaser.
Sewer Backups
Mr. Richter advised the committee of several complaints concerning sewer backups and was concerned that the City of Dover has problems in certain collection systems, speaking specifically to the Mayfair area.
It was noted that most of the homes in the problem areas have basement drains and if a blockage occurs, sewage seeps into these drains. Homeowners have been advised of a device that would plug the drains although this device is not a 100% solution to the problem.
After fully discussing the matter, the committee suggests that statistics be compiled to define areas where the backups occur frequently. This might facilitate solutions for property locations that have the most sewer overflows.
Under the heading “Review of Electric Fuel Adjustment”, Mr. Weyandt questioned the City Manager concerning a proposed cost of service study. The study would be conducted by an outside consulting firm that would analyze the various rate classification in the electric utility to be certain that each rate classification is being charged the cost of service. Mr. Bartolotta anticipated that this study will be ready in time for the Utility Committee to review at the July quarterly fuel adjustment review. He stated that the study is extremely important, especially in light of recent concerns raised with respect to primary, commercial and 69KV customers, and the fact that it has been approximately 5 to 10 years since a cost of service study has been conducted.
Mr. Weyandt questioned the cost of such a study and asked if it could not be done in-house.
Mr. Bartolotta stated that the cost of service study would be under $20,000. He stated that the study could be done in-house but not within the 2½ months that would be necessary for a summer review.
Mr. Witt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Shevock and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 17, 1984 at 3:00 p.m. with Chairman Boaman presiding.
Results of Poll - Civic Center Feasibility Study - Mayor’s Tie Breaking Vote
Mr. Boaman advised that the results of a survey taken at the polls during the municipal election concerning a feasibility study for a civic center in the City and the reinstatement of the Mayor’s right to a tie breaking vote has been submitted by Mr. Hedgecock, Executive Director of the Greater Dover Chamber of Commerce.
Question 1 - Feasibility Study for a Civic Center in the City of Dover
51% voted yes - 46% voted no - 3% undecided
Question 2 - Reinstatement of the Mayor’s Right to a Tie Breaking Vote
59% voted yes - 39% voted no - 2% undecided
A written report will be furnished to members of Council and the news media.
Health Care Cost Containment - Recommendation of Employee Health Care Committee
A committee of 22 employees of the City was formed to explore methods of reducing health care premiums that have risen drastically over the last two years. The committee was chaired by Mrs. Debrah Bittner, Assistant City Clerk/Treasurer, and co-chaired by Mr. Luther Lucas, Assistant City Assessor. A report of their findings was submitted to the Legislative and Finance Committee for review.
The committee recommended a CURB program (Cost and Utilization Review Benefit) which is an account selected cost containment benefit program which can be purchased in conjunction with any regular Blue Cross/Blue Shield health package.
The committee also recommended immediate re-enrollment of all City of Dover employees to properly identify co-insurers and to eliminate any multiple coverage for employees and dependents.
A third recommendation suggested an intense educational program for employees to emphasize the negative effects of misuse and abuse of medical health insurance coverage and would promote employee acceptance of the CURB program.
The last recommendation suggested a review board that would sit for one year to consider payment of claims that would require special consideration due to employees not being fully cognizant of new plan requirements.
The Legislative and Finance Committee recommended that the four aforementioned suggestions be initiated on July 1, 1984. Mr. Boaman stated that the 1984/85 fiscal budget incorporates the implementation of the four recommendations submitted by the employee committee and would reduce an expected premium increase to 10% versus 18% if the CURB program is not implemented.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
ADOPTION OF GENERAL FUND BUDGET - FISCAL YEAR 1984/85
The General Fund budget was completely reviewed by the Legislative and Finance Committee and Chairman Boaman submitted the following changes in the proposed budget as recommended by committee members:
Page 62 - of the Streets Budget, account 262 - Maintenance Equipment
Delete - $25,000
Page 74 - Library Budget, Account 251 - Office Equipment (Micro-computer)
Delete - $6,350
Page 92 - Inter-governmental Service Fund - Vehicle Maintenance
Delete - $15,000
Page 4 - General Fund Cash Receipts Estimates - Interest Transfer to the Contingency Fund in the amount of $11,650 was deleted
Mr. Boaman stated that committee members felt that the Contingency Fund should be capped to 2% of the budget and any additional funds would be transferred to the General Fund.
Mr. Boaman advised Council that $20,000 was added to initiate an update of the Land Use Plan (page 52 - Planning Commission Budget) which would involve a two year period. Fiscal year 1985/86 will incorporate an appropriation of $30,000 to complete the update.
The net savings to the General Fund Budget would equate to a tax rate of 1.2025 per $100 of assessed value.
Mr. Boaman moved that the General Fund Budget for fiscal year 1984/85 in the amount of $6,428,650 be adopted. This would include a Contingency Fund of $129,000 and Inter-governmental Fund of $1,819,310. The motion was seconded by Mr. Weyandt.
Mr. Weyandt noted that the paramedic budget totals $266,000 and the committee will continue to review the operation of the paramedic service for the purpose of further reducing the costs.
By unanimous roll call vote, Mr. Richter absent, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Six Million, Four Hundred Twenty Eight Thousand, Six Hundred Fifty Dollars ($6,428,650) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1984 and ending June 30, 1984:
GENERAL FUND
Cash Receipt Estimates
Items
Paramedic Fees $ 98,530
Assessment Charges - - -
Fines & Other Police Dept. Revenues 190,000
Franchise Fees 34,500
Insurance Rebate - - -
Interest Earnings 241,000
Interest Transfers