REGULAR MEETING
July 26, 1982
The Regular Meeting of Council was held on July 26, 1982 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Hardcastle, Carey, Witt, Bonar and Shevock. Councilman Boaman was absent.
The invocation was given by Vice-Mayor Hardcastle.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested that the following items of correspondence be recognized during the proceedings of the meeting:
1. State College Road - Request for City sewer
2. Perdue Farms, Inc. - Recognition of the Robbins Hose Company in fighting a fire at the Felton processing plant
3. Certification of appreciation - Delaware City Days Committee - Tall Ship Festival and Civil War Re-enactment
Council unanimously approved the request.
RESOLUTION - JACK R. WOODS RETIREMENT
By motion of Mr. Witt, seconded by Mr. Bonar, Council by a unanimous roll call vote (Mr. Bonar absent) adopted the following resolution:
WHEREAS, Jack R. Woods has been employed by the City of Dover as Director of Public Works since February 27, 1958; and
WHEREAS, throughout his employment Jack R. Woods has constantly strived to assure that Dover’s water supply remained pure and ample, that the sewer systems were checked and updated, that the streets were patched each spring, swept at regular intervals and cleared of leaves or snow, that the trash was picked up in neat and timely fashion; and that the buildings and grounds were maintained in extraordinary condition; and
WHEREAS, in furtherance of his knowledge of public works activities Jack R. Woods has been Chairman of the Chesapeake Section of the American Water Works Association, International Director of the American Water Works Association representing the Chesapeake Section, Director of Water Pollution Control Federation, Vice President of the Research Foundation of the American Water Works Association, Chairman of the Delaware Water Resources Management Committee, member of the Comprehensive Water Resources Management Committee, member of the Advisory Committee on public water supply, and member of the Kent County Regional Water and Sewer Advisory Board as well as numerous other Boards and Commissions; and
WHEREAS, in 1977 the Chesapeake Section of the American Water Works Association awarded Jack R. Woods the George Warren Fuller Award to honor him as the “Water Utility Man of the Year” which is the highest honor bestowed on a member by that organization; and
WHEREAS, Jack R. Woods is retiring from the City of Dover effective July 23, 1982 with official retirement to begin on March 1, 1983.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council extend their deepest gratitude to Jack R. Woods for 25 years of dedicated service to the well being of the citizens of Dover.
2. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation for the faithful service rendered to the City of Dover by Jack R. Woods.
3. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation for the faithful service rendered to the City of Dover by Jack R. Woods.
ADOPTED: JULY 26, 1982
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 12, 1982
Mr. Richter moved that the Minutes be corrected under “Ordinance Amendment - Parking Violations, Fines, Etc.” to reflect Councilman Boaman as not voting. The motion was seconded by Mr. Bonar and unanimously carried.
Mr. Hardcastle moved for approval of the July 12, 1982 Council Minutes, as corrected, seconded by Mr. Witt and unanimously carried. The Minutes bore the written approval of Mayor Carroll.
**PUBLIC HEARING - ADJUSTED ELECTRIC RATES - INCORPORATING OIL COSTS IN BASIC RATES AND ADJUSTED MONTHLY RATES ON PRIVATE OUTDOOR LIGHTING SERVICE AND MUNICIPAL USAGE
A public hearing was duly advertised for this time and place to consider adoption of the adjusted electric rates to incorporate the current price of oil in basic rates and adjusted rates on private outdoor lighting services and municipal usage. Mayor Carroll declared the hearing open.
Questioned by Mr. Witt, City Manager Bartolotta explained that inclusion of 5¢ in the base rate for the cost of oil would not change the total cost on individual consumer billings. The 5¢ fuel charge is an average that would result in a zero (0) balance of funds accumulated on an annual basis. It was also noted that .0035 is presently incorporated in the base rate to offset fuel costs. The recommended proposal of the Utility Committee is to add .0465 cents, resulting in a total of .05 cents in the basic electric rates.
Mr. Richter moved that a total of .05 cents be added to the basic electric rates to offset fuel costs, effective November 1, 1982. The motion was seconded by Mr. Shevock and carried by a roll call vote of seven (7) yes, (Mr. Boaman absent).
As a result of the aforementioned action by Council, the following base rates for City of Dover electric consumers will be effective November 1, 1982:
RESIDENTIAL SERVICE
Billing Months Billing Months
(June -October) (November - May)
First 15 kwh .1798 per kwh .1798 per kwh
Next 30 kwh .1165 per kwh .1165 per kwh
Next 105 kwh .0907 per kwh .0907 per kwh
Next 350 kwh .0745 per kwh .0745 per kwh
Next 500 kwh .0735 per kwh .0651 per kwh
Next 1,000 kwh .0735 per kwh .0625 per kwh
(Minimum Monthly Bill - $2.70)
** See attachment to August 9, 1982 Council Minutes for rates.
COMMERCIAL AND INDUSTRIAL SERVICE
Demand Charge - (Monthly)
First 20 kwh No Charge
All over 20 kwh $2.50 per kwh
Energy Charge
First 15 kwh .1798 per kwh
Next 30 kwh .1165 per kwh
Next 4,955 kwh .0907 per kwh
Next 5,000 kwh .0745 per kwh
Next 5,000 kwh .0651 per kwh
Next 15,000 kwh .0625 per kwh
(Minimum monthly bill - $2.70 for single phase service and $8.00 for three phase service)
COMMERCIAL AND INDUSTRIAL SPACE HEATING SERVICE
Winter Billing Months - November through May
All kwh - .0635 per kwh
(Minimum monthly bill - single phase service - $2.70, three phase service - $8.00)
Summer Billing Months - June through October
With a demand meter, the standard Commercial and Industrial rates shall be applied .
When a demand meter is not installed, the rates shall be:
First 15,000 kwh .0725 per kwh
Next 15,000 kwh .07685 per kwh
Next 30,000 kwh .0645 per kwh
(Minimum monthly bill- single phase service - $2.70, three phase service - $8.00)
PRIMARY SERVICE CLASSIFICATION
Demand Charge (monthly)
First 300 kwh, or less $700.00
All over 300 kwh 2.00 per kwh
Energy Charge
First 100 hours use of the billing demand or 30,000 kwh, whichever
is greater - .0625 per kwh
Next 200 hours use of the billing demand or 60,000 kwh, whichever
is greater - .0575 per kwh
Balance of kwh - .0555 per kwh
(Minimum monthly bill will be $700)
TRANSMISSION VOLTAGE SERVICE CLASSIFICATION
The monthly bill shall be the sum of the demand and energy charges as follows:
Demand Charge:
First 500 kilowatts of billing demand - $4,500.00
Over 500 kilowatts of billing demand - 4.50 per kilowatt
Energy Charge
All kilowatt hours - .06584 per kwh
It was noted that no one was present to speak for or against the inclusion of 5¢ in the basic electric rates and no correspondence.
The second portion of the public hearing related to the monthly charge for private outdoor lighting service. Mr. Richter informed Council that the Utility Committee recommended a charge equal to that presently utilized by Delmarva Power and Light.
There was no one present to speak for or against the proposed monthly rates for private outdoor lighting and no correspondence.
The second portion of the public hearing related to the monthly charge for private outdoor lighting service. Mr. Richter informed Council that the Utility Committee recommended a charge equal to that presently utilized by Delmarva Power and Light.
There was no one present to speak for or against the proposed monthly rates for private outdoor lighting and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Richter, seconded by Mr. Bonar, the following monthly rates for private outdoor lighting was approved by a roll call vote of seven (7) yes (Mr. Boaman absent):
PRIVATE OUTDOOR LIGHTING SERVICE CLASSIFICATION
Monthly Rates Monthly Charge
90 watt sodium vapor $11.00 per lamp
175 watt mercury vapor 6.83 per lamp
400 watt mercury vapor 13.63 per lamp
175 watt mercury vapor (post light assembly) 9.42 per lamp
175 watt mercury vapor (unistyle) 7.00 per lamp
Bracket Rent
8 to 14 foot bracket $ .20
15 to 18 foot bracket .30
35 foot wood pole 2.59
MUNICIPAL SERVICE CLASSIFICATION
Monthly Rates
Unmetered Street Lighting Service
400 watt sodium vapor lamp $13.48 per lamp
250 watt mercury vapor lamp 9.95 per lamp
175 watt mercury vapor lamp 7.18 per lamp
Incandescent Lamps
142 watt $ 3.00
202 watt 4.92
298 watt 7.21
Metered Street Lighting Service
All kwh .0765 per kwh
All other municipal usage-All kwh .0715 per kwh
Kilowatt hour bills under all service classifications are subject to fuel adjustment clause. All service classifications are set except residential service which is subject to 5% state utility tax.
PUBLIC HEARING - REZONING PROPERTY SW CORNER OF JEFFERIC BOULEVARD AND BUCKSON DRIVE - JEFFERIC ENTERPRISES
A public hearing was duly advertised for this time and place to consider rezoning property located on the southwest corner of Jefferic Boulevard and Buckson Drive, owned by Jefferic Enterprises. Mayor Carroll declared the hearing open.
Mr. Nate Cohen of Alpha Realty was present, representing Jefferic Enterprises, stating that the property that is proposed to be rezoned is adjacent to a C-4 zoning classification. The proposed use of the property is the construction of a bowling alley that will employ approximately 40 to 50 people and add to the tax base of the City of Dover. Mr. Cohen pointed out that the Planning Commission unanimously recommended approval of the rezoning.
Mr. Robert O’Brien of 710 Miller Drive noted that approximately three acres of the four acre site proposed for the bowling alley fronts on Buckson Drive. He expressed concern on the proposed site plan for the facility in relation to parking, vehicular access, and screening. Mr. O’Brien noted that the Comprehensive Plan does not recommend highway commercial in this area and that Buckson Drive is not a highway. He agreed that the City of Dover does need an additional bowling alley but was concerned about traffic routing due to patronization of the alley.
Mr. Roe informed Council that the area around the proposed facility has significantly changed due to commercial development since adoption of the Comprehensive Plan in 1975. In 1975, most of the surrounding property was medium density residential. Due to the commercial development, it was the Planning Commission’s feeling that a bowling alley, or like facility, would be in keeping with adjacent businesses.
Mr. Peter Arcona of 6 Draper Drive was concerned that Draper Drive, which is a dead end street, might be open to connect Jefferic Boulevard. Mr. Arcona stated that upon purchase of his house, he obtained an agreement with Jefferic Enterprises which states that Draper Drive would remain a dead end street. He also questioned ingress and egress of the site that might be adjacent to Draper Drive.
Mr. Roe informed Mr. Arcona that this would be a part of the Site Approval.
Mr. Richter inquired if the rezoning could be approved contingent upon restricting any exits or entrances off of Draper Drive.
It was the opinion of Mr. Roe and the City Solicitor that this would be contractual zoning, therefore, the answer was negative.
Mr. McKinley Wardlaw of 617 Buckson Drive pointed out a school in the area and the additional traffic that would be generated, suggesting that Council consider additional time on the matter to select another site.
Mrs. Joyce Payk of Lot #2, adjacent to the proposed bowling alley site, was present stating her objections to possible increased vehicular traffic.
Mrs. Cheryl Peterson of 607 Buckson Drive was also present to state her objections to the possible increase in traffic.
Mr. Jack Bossard of 647 Nimitz Drive objected to possible increased vehicular traffic.
Mrs. Nancy Moran of 672 Buckson Drive requested additional time on consideration of the rezoning to initiate a neighborhood petition.
Mr. Steve Reed of 883 Townsend Boulevard requested that Council give close consideration to screening, traffic patterns, and stop signs in the area if the rezoning is approved. He also suggested that Council and the Planning Commission utilize the Site Plan to restrain some of the commercial growth that has been experienced in the past.
Mrs. Judy O’Brien of 710 Miller Drive also objected to the proposed rezoning that might jeopardize the surrounding residential area.
Mrs. Mary Snyder of 832 Townsend Boulevard was present expressing concern related to increased traffic and trash and requested more time for residents to initiate a petition.
Mayor Carroll declared the hearing closed.
Mr. Hardcastle pointed out that most of the activity at the bowling alley would begin after school is in session and schools would be closed during the busy portion of the day.
Mr. Richter moved for approval of the rezoning request, seconded by Mr. Bonar.
Mr. Bonar wished to point out that residents’ concern would not be ignored. His observance of Rodney Village Bowling Alley revealed no great number of loiterers. The concern about trash should present no problems at the proposed alley since most of the trash at Rodney Village is generated by an adjacent package store. He assured those present that a package store would not be built near the new facility due to state regulations. In addition, traffic can be dealt with during Site Plan discussions.
Mr. Tudor alluded to the fact that Council should protect existing property owners from commercial encroachment.
Mayor Carroll pointed out that the present zoning would allow high density residential housing which is a constant use.
By a roll call vote of six (6) yes, one (1) no (Mr. Tudor), with Mr. Boaman 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 ON THE SOUTHWEST CORNER OF JEFFERIC BOULEVARD AND BUCKSON DRIVE.
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 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 southwest corner of Jefferic Boulevard and Buckson Drive, owned by Jefferic Enterprises, Inc.
ADOPTED: JULY 26, 1982
MONTHLY REPORTS
Questioned by Mr. Richter, Mr. Bartolotta noted that the reports for the various accounts reflect receipts and expenditures for the month of May. For the first meeting in August, Council will receive reports on receipts and expenditures for the month of June. From that time on, all receipts and expenditures will reflect the same month.
Mr. Willis reported deferred payments from J.P. Court #7 as of the month of June 1982, in the amount of $34,828.54.
By motion of Mr. Witt, seconded by Mr. Bonar, Council unanimously adopted the following reports:
Chief of Police Report for the month of June
Building Inspector & Fire Marshal Report for the month of June
City Alderman Report for the month of June
City Manager’s Report for the month of June
J.P. Court #7 Report for the month of June
General Operating Fund, Cash Receipts Report for the month of May
General Operating Fund, Budget Report for the month of May
Water/Sewer Fund, Cash Receipts Report for the month of May
Water/Sewer Fund, Budget Report for the month of May
Inter-governmental Service Fund, Revenue and Budget Report for the month of May
Electric Revenue Fund, Cash Receipts Report for the month of May
Electric Revenue Fund, Budget Report for the month of May
Electric Improvement and Extension Budget, Cash Receipts & Disbursements - May
UTILITY COMMITTEE REPORT
The Utility Committee met on July 13, 1982 with Chairman Richter presiding.
Annexation Referendum - 100 Nixon Lane - Glenn McDowell
Mr. Richter pointed out that the Utility Committee has recommended approval of annexation of a property located at 100 Nixon Lane, owned by Glenn McDowell, as did the Planning Commission in a previous meeting.
Mr. Richter moved that an annexation referendum be set for August 27, 1982 for the aforementioned property, seconded by Mr. Hardcastle.
Council by a unanimous roll call vote (Mr. Boaman absent), adopted the following resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the 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 an area southeast of the present City limits, and hereinafter more particularly described 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 herein be annexed to the City of Dover:
ALL that certain lot of land contiguous to the boundary of the City of Dover, situated in East Dover Hundred, Kent County, Delaware, lying on the westerly side of Nixon Lane, now 40' wide, and bounded as follows: on the east by Nixon Lane, on the south by lands now or late of Floyd O. James; on the west and north by the present boundary of the City of Dover, it being the easterly and southerly line of Girl Scout Lane, now the lands of the City of Dover; being more particularly described as follows:
Beginning at a point in the westerly side of Nixon Lane, 40' wide, corner for this and lands now or late of Floyd O. James, said point being located N 8° 25' W, about 818.07' from the intersection of the westerly side of Nixon Lane with the northerly line of North Little Creek Road, now 70' wide; thence; with line of said James, S 81° 35" W, 170' to a point in easterly of line of Girl Scout Lane, lands of the City of Dover, and present City of Dover boundary; thence, with line of Girl Scout Lane the following courses and distances: (1) N 8° 25' W, 200'; (2) N 81° 35' E, 170' to a point in the westerly line of Nixon Lane; thence, with the westerly line of Nixon Lane, S 8° 25' E, 200' to the point and place of beginning.
Containing 0.780 acres of land (0.0012 square miles).
2. That an election be held on the 27th day of August, 1982, commencing at the hours of 1:00 p.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: JULY 26, 1982
Establishment of Future Capacity Restricted Fund
Mr. Bartolotta stated that the future will necessitate the expenditure of large sums of monies in the Electric Department to conduct studies for future capacity needs in the Electric Department. In preparation for the necessary funds, he proposed the adoption of a resolution that would establish a special fund that would stipulate appropriations by Council over an eight year period. The funds would be spent only with the explicit approval of Council.
Questioned by Mr. Witt, Mr. Bartolotta stated that the first one million dollars to be contributed in 1983 now exists in the Electric Fund due to unexpected sales to the GRID. For every year after 1983 the amount would have to be budgeted.
Noting a previous approval by the Utility Committee on this item, Mr. Richter moved for adoption of the resolution, seconded by Mr. Carey.
By a unanimous roll call vote (Mr. Boaman absent) Council adopted the following resolution:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
THAT the City of Dover establishes a special fund for the purpose of the capacity expansion of the City’s electric system; and
BE IT FURTHER RESOLVED that this fund be financed according to the following guidelines:
Fiscal Year Amount to be Funded
1983 $1,000,000
1984 500,000
1985 500,000
1986 400,000
1987 400,000
1988 300,000
1989 200,000
1990 100,000
BE IT FURTHER RESOLVED that the amounts available together with the interest earnings must not be used for any other purpose than the capacity expansion of the City’s electric system except when the Mayor and Council of the City of Dover specifically authorize otherwise; and
BE IT FURTHER RESOLVED that this funding and future expenditures may be handled through a group of accounts in the City’s present Improvements and Expenditure Fund.
ADOPTED: JULY 26, 1982
Electric Fund Policy Statement
The City Manager presented to the Utility Committee an electric fund policy statement that would go beyond tests required in the bond resolution, indicating Council’s policy with respect to transfer of funds to the General Fund, working capital, future capacity restricted funds, and fuel adjustment cash handling. The Electric Fund will be analyzed each month to ensure that all commitments are met. All remaining funds will be rebated to the rate payers through the fuel adjustment clause.
The Utility Committee unanimously recommended approval of the Electric Fund Policy Statement.
By motion of Mr. Richter, seconded by Mr. Carey, Council by a roll call vote of seven (7) yes (Mr. Boaman absent) adopted the following Electric Fund Policy Statement.
It is the policy of the City of Dover that all Electric Funds be disbursed according to the following order and purpose:
1. All current expenses are to be met;
a. Operations and maintenance expenses
b. Insurance stabilization fund
c. Depreciation
d. Extension and improvement fund
2. All debt service requirements of the Bond Covenants.
3. Transfer to the General Fund in the amount approved in the annual operating budget.
4. Reserve an amount for working capital calculated as the sum of the following subparagraphs:
a. One-eighth of the Operation and Maintenance Fund
b. One month’s average oil inventory (based on the last 13 months)
c. One-twelfth of the budgeted Improvement Fund
d. One-twelfth of the amount appropriated for the General Fund
5. By transfer to the future capacity Restricted Fund the amount budgeted in the annual budget for such contributions.
6. All remaining funds to be rebated to the rate payers through the fuel adjustment clause.
Abandonment of Alley Adjacent to El Sombrero Restaurant - Route #13
It was the recommendation of the committee that Council adopt a resolution, setting a public hearing to abandon a 15' alley, immediately north of the El Sombrero Restaurant, with the City maintaining utility easements.
Mr. Richter moved for the recommendation of the committee, setting a public hearing on August 9, 1982 at 7:30 p.m. The motion was seconded by Mr. Witt and by a unanimous roll call vote (Mr. Boaman absent), Council adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
Section 1. The Council of the City of Dover favors the vacating and abandonment of the following alley laid out upon a plot of lands subdivided by Kenneth Smith and Francis Heite, dated April 1946 and recorded in Kent Plot Book 1, page 230;
ALL that certain strip of land in the City of Dover, East Dover Hundred, Kent County, Delaware, lying east of U.S. Route #13, known as the Dover By-Pass, and 150' south of Lotus Street Extended, constituting a portion of an alley of uneven width laid out on a plot of lands subdivided by Kenneth Smith and Francis Heite, dated April 1946, and recorded in Kent County Plot Book 1, page 230;
Bounded on the west by the easterly line of U.S. Route #13, known as the Dover By-Pass, 200' wide; on the north by lots as laid out on aforesaid Smith and Heite subdivision, now of others; on the east by a 25' wide strip of lands of the City of Dover; on the south by lands formerly of Clifford Morris, now of Morris Estates subdivision and others; extending from the easterly line of U.S. Route #13, the alley having a width of 13.8