REGULAR MEETING
June 28, 1982
The Regular Meeting of Council was held on June 28, 1982 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Bonar and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Bartolotta requested an executive session of Council immediately following the Regular Meeting to discuss personnel matters which was unanimously approved by Council.
RESOLUTION - CITY OF DOVER POLICE DEPARTMENT
By motion of Mr. Witt, seconded by Mr. Bonar, Council unanimously adopted the following resolution:
WHEREAS, on June 16, 1982, at 11:30 a.m., one John Grady, father of five children, was taken hostage at his office, 314 South State Street, Dover, Delaware; and
WHEREAS, the individual who took him hostage was armed and dangerous; and
WHEREAS, the officers of the City of Dover Police Force handled this dangerous situation calmly, professionally, and with great courage; and
WHEREAS, the officers of the City of Dover Police Force were able to prevent further tragedy; and
WHEREAS, the officers of the City of Dover Police Force were able to maintain communications through a 5½ hour ordeal; and
WHEREAS, the officers of the City of Dover Police Department protected Mr. Grady and the citizens of Dover; and
WHEREAS, the officers of the City of Dover Police Department professionally executed their past training in hostage situations; and
WHEREAS, the officers of the City of Dover Police Department coordinated the support of the Federal Bureau of Investigation and the State Police; and
WHEREAS, the officers of the City of Dover Police Department were outstanding in carrying out their duties under great pressure.
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 pride and gratitude to the City of Dover Police Department for their valiant, successful, courageous, calm, and professional efforts relating to the aforesaid hostage situation.
2. 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 the City of Dover Police Department.
ADOPTED: JUNE 28, 1982
Captain Hutchison of the City of Dover Police Department accepted the official resolution in behalf of his fellow officers and expressed their appreciation for the support and cooperation extended by Mayor and Council.
RESOLUTION - MICHAEL MEADE
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution:
WHEREAS, Michael Meade displayed outstanding athletic abilities throughout his Dover High School tenure, earning the honor as State of Delaware Football Scoring Champion of 1977 and first team allstate, and
WHEREAS, Michael Meade, as a member of the 1977 Dover High Championship team, maintains a record of 41 carries for one game, performed under extremely adverse conditions, and
WHEREAS, Michael Meade attended and graduated from Penn State University, having played as a first string fullback, and
WHEREAS, Michael Meade has recently been drafted by the Green Bay Packers NFL team, a further symbol of this determination and ability as an outstanding athlete.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover extend sincere congratulations to Michael Meade for his athletic achievements and convey the extreme pride felt by all citizens.
2. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: JUNE 28, 1982
Mayor Carroll informed Council that Vice-Mayor Hardcastle will formally present the resolution to Michael Meade during a recognition program to be held at Delaware State College on July 1, 1982.
RESOLUTION - WILLIAM J. STOREY
By motion of Mr. Hardcastle, seconded by Mr. Witt, Council unanimously adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of the Honorable William J. Storey, a citizen of Dover, who departed this life on June 24, 1982; and
WHEREAS, the Honorable William J. Storey has faithfully and with great distinction over a long career served his City, County, and State as lawyer, judge of the Superior Court of the State of Delaware, secretary to U.S. Senators, Kent County Deputy Attorney General, Lieutenant Colonel on the staff of the Governor of Delaware, Secretary of State for the State of Delaware, Mayor of the City of Dover, civilian aide to the Secretary of the United States Army, Judge Advocate for the Delaware National Guard, president of the Dover YMCA, chairman of the Kent County Red Cross, member and treasurer of the Wesley College Board of Trustees, State chairman of the Kent County and State Republican committees, delegate to the National Republican Convention, member and president of the Dover Kiwanis Club, member and president of the Dover Chamber of Commerce, member and president of the duPont Chapter #78, National Sojourners, member and president of th Kent County American Cancer Society, member and president of the State Board of Accounting, chairman of the Delaware Salvage Committee for Kent County for the World War II effort, member of the State Buildings and Grounds Commission and the Dover Planning Commission; and
WHEREAS, during his long and distinguished career, the Honorable William J. Storey received many awards and citations including the Delaware Bar Association Certificate of Appreciation, Dover’s Man-of-the-Year Award awarded by the Lion’s Club of Dover, the Distinguished Service Award awarded by the YMCA of Dover, the Congressional Selective Service Medal and Citation, the Outstanding Civilian Service Medal and Citation as aide to the Secretary of the Army, the President’s Award by the Dover Chamber of Commerce, honorary Attorney General for the Dover Air Force Base; and
WHEREAS, during his long and distinguished career, he was a member of the Wesley United Methodist Church, Dover, Delaware, charter member of the Dover Kiwanis, one of the organizers of the Dover YMCA, a Mason, Union Lodge No. 7, Scottish Rite Mason, Nur Temple of Shrine, the American Bar Association, the Delaware State Bar Association, the Kent County Bar Association, honorary member of the Officers Club of the Dover Air Force Base, Friends of Old Dover, Friends of Wesley College, Friends of Dickinson Mansion, Inc. the American Judicature Society, and the Shrine Club; and
WHEREAS, the Mayor and Council are proud and honored that during his distinguished career, the Honorable William J. Storey was a citizen 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 Mayor and Council express their deep regret at the death of the Honorable William J. Storey and extend their deepest sympathy to his wife.
2. That the Mayor and Council extend their appreciation for the many years of his dedicated service.
3. That the Mayor and Council of the City of Dover direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of the Honorable William J. Storey.
ADOPTED: JUNE 28, 1982
Mayor Carroll personally honored the Honorable William J. Storey, citing his action from the year 1949 as Mayor in initiating a system of hiring and departmental policy in the City of Dover Police Department that has resulted in an efficient security force as we know it today.
RESOLUTION - WAYNE A. POORE
By motion of Mr. Boaman, seconded by Mr. Witt, Council unanimously adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Wayne A. Poore, an employee of the City of Dover who was killed while in the performance of his duties; and
WHEREAS, Wayne A. Poore began his employment with the City of Dover on January 11, 1982 as a Groundsman and in that capacity faithfully served the City of Dover and the public; and
WHEREAS, Wayne A. Poore will be deeply missed by the many friends he made through his work, through his high school where he was in the Honor Society, and through the Marydel Fire Company of which he was a member.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of Wayne A. Poore and extend their deepest sympathy to his parents and family.
2. That the Mayor and Council extend their appreciation for the dedicated service Wayne A. Poore devoted to the City of Dover.
3. That the Mayor and Council of the City of Dover direct the City Clerk of Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal service of Wayne A. Poore.
ADOPTED: JUNE 28, 1982
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 14, 1982
The Minutes of the Regular Council Meeting of June 14, 1982 were unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor Carroll.
PUBLIC HEARING - ADOPTION OF ELECTRIC FUND BUDGET - FISCAL YEAR 1982/83 AND REVISED BUDGET 1982/82
A public hearing was duly advertised for this time and place to consider the Electric Fund Budget for fiscal year 1982/83 and Revised Budget for fiscal year 1981/82. Mayor Carroll declared the hearing open.
Mr. Richter informed Council that the Electric Fund Budgets have been reviewed by the Utility and Legislative and Finance Committees and the consultants for the bond holders at McKee Run Plant who verified that all requirements were met in the trust agreement.
Mr. Bartolotta stated that the Electric Fund Budget for fiscal year 1982/83 incorporates revenues of $48,113,900 and projected expenditures of $47,957,090. The budget also includes an employee level of 95 full-time personnel.
There was no one present to speak for or against the budget and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Boaman moved for adoption of the 1982/83 fiscal year Electric Fund Budget and the revised budget of 1981/82. The motion was seconded by Mr. Shevock and by a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Forty Seven Million, Nine Hundred Fifty Seven Thousand, Ninety Dollars ($47,957,090) or so much thereof as may be necessary, are hereby appropriated from current revenues of the Electric Department, estimated from current revenues for Forty Eight Million, One Hundred Thirteen Thousand, Nine Hundred Dollars ($48,113,900) for the use of the several division of the Electric Department and for the purpose hereinafter mentioned for the fiscal year beginning July 1, 1982 and ending June 30, 1983, as follows:
1981/82 1982/83
REVISED PROPOSED
REVENUES
Electric Sales
Sales to PJM
Miscellaneous
Total Receipts
29,500,000
13,650,000
300,000
$ 43,450,000
32,613,900
15,250,000
250,000
$ 48,113,900
1981/82 1982/83
REVISED PROPOSED
APPROPRIATIONS FOR CURRENT EXPENSES
Production
Personnel Services - In House
Contractual Services - Outside
Materials/Supplies
Water Charges
Fuel Costs
Interconnection
Purchased Power
Training
Transmission
Personnel Services - In House
Contractual Services - Outside
Materials/Supplies
Training
Distribution
Personnel Services - In House
Contractual Services - Outside
Materials/Supplies
Training
Meter Relay
Personnel - Relay
Personnel - Meter
Personnel - Reader
Personnel - Outside
Materials/Supplies
Training
Electric Plant
Personnel Services
Materials/Supplies
Training
Administration
Personnel Services
Materials/Supplies
Administration
Insurance
963,000
450,000
800,000
200,000
29,900,000
175,000
3,050,000
5,000
18,000
40,000
30,000
1,000
285,000
50,000
150,000
3,000
58,000
55,000
76,000
1,000
75,000
6,000
6,000
15,000
3,000
400,000
25,000
200,000
215,000
984,000
325,000
600,000
220,000
34,300,000
175,000
2,500,000
6,000
32,000
10,000
30,000
3,000
300,000
30,000
155,000
4,000
54,000
52,000
75,000
3,000
85,000
6,000
5,000
20,000
5,000
532,000
49,000
235,000
240,000
1981/82 1982/83
REVISED PROPOSED
FICA and other benefits
Vehicles
State Utility Tax
Emergency Costs
Training
Pension Fund
Subtotal (Production)
DEBT SERVICE & OTHER APPROPRIATION
Debt Service Bonds
Depreciation
Insurance Stabilization Fund
Electric Improvement Fund
General Fund
Total
285,000
50,000
1,200,000
5,000
3,000
115,000
$ 38,913,000
2,035,340
382,000
80,000
750,000
1,200,000
$ 43,360,000
265,000
79,000
1,400,000
5,000
5,000
170,000
$ 42,959,000
2,045,590
400,000
202,500
1,100,000
1,250,000
$ 47,957,090
2. The City Manager is hereby authorized without further approval of City Council to make interdivisional transfers of up to 10% of the amount herein appropriated to any division, except that the amounts herein appropriated for interest, principal and debt reserve on 1965, 1970 and 1973 Revenue Bonds and for the Electric Improvement Fund may not be decreased.
ADOPTED: JUNE 28, 1982
PUBLIC HEARING - ANNUAL FEE AMUSEMENT MACHINES
A public hearing was duly advertised for this time and place to consider an annual fee of $100 per unit for amusement machines such as pinball or video, etc. Mayor Carroll declared the hearing.
Mr. Donald Sediveck representing Universal Amusement Company of Wilmington, Delaware was present expressing dissatisfaction in the City’s proposal to raise the annual fee of certain amusement machines to $100. He pointed out that Delaware has a population of approximately 3/4 of a million people. Therefore, the potential income from the machines is not comparable to heavily populated areas. He stated that the average income per machine amounts to approximately $30 per week. Each machine costs approximately $3,000 and a standard of the industry is to pay for the machine in the one year.
If the City levies a $100 annual fee, Mr. Sediveck stated that marginal accounts, or customers who generate less than $30 per week income, would have to be discontinued.
Questioned by Mr. Bonar, Mr. Sediveck stated that most of his machines are video and if the increased fee is approved, approximately eight machines would have to be removed from the City.
Questioned by Mr. Tudor, Mr. Sediveck stated that the useful life of a machine is approximately one year, but presently only two or three are popular, leaving the remainder to be shifted at various locations. If the fee was increased, he would attempt to bargain with merchants to share the burden; however, due to the competitiveness of the business, he felt that he would be forced to assume most of the cost.
Mr. Witt asked Mr. Sediveck to list fees in other cities and towns. He replied that the City of Wilmington is a straight business license. Elsmere, Maryland charges $3.00 per machine and the State has a flat fee of $75 per year.
Questioned by Mayor Carroll, Mr. Sediveck stated that there are approximately ten registered amusement companies in the State of Delaware. Only two of those companies are Delaware based.
Mayor Carroll pointed out correspondence from Mr. Robert C. Moor, Sr., owner of Complete Coin Corporation, based in Chesapeake City, Maryland. Mr. Moor also opposed the City’s plan to increase the fee to $100 per machine annually.
Mayor Carroll declared the hearing closed.
Mr. Richter questioned the meaning of the proposed ordinance establishing the fee and asked if the ordinance would include music machines.
Mr. Bartolotta stated that the ordinance does not make a distinction for various types of amusement machines. He did not feel that staff would object to excluding that type of machine from the provisions.
Mr. Boaman stated his feelings that the intent of the committee was to levy the fee strictly on video machines and suggested that only this type of machine be considered.
Mr. Bonar felt that music boxes should be excluded from the ordinance since they could not be considered an amusement machine but a convenience to the customer.
Mr. Roe felt that the original intent of the Legislative and Finance Committee was to increase fees on electrical video machines only. He requested that Council clarify this particular point since amusement machines, as provided in the ordinance, also include pool tables, shuffle boards, and even toy machines that are found near the entrances to shopping centers or large stores.
In light of comments discussed by various members of Council, Mayor Carroll suggested that the matter be tabled for referral back to the Legislative and Finance Committee to determine a distinction between various amusement machines covered by the present ordinance.
Mr. Bonar moved that the matter be tabled and referred to the Legislative and Finance Committee for further review, seconded by Mr. Richter.
Mr. Roe informed Council that he has received several applications relative to the renewal of license for amusement machines which he is holding along with the submitted checks.
Mr. Bartolotta, reminded Council that the proposed fee, which would amount to approximately $27,000 in revenue, is projected income to balance the General Fund Budget. Other sources of income would have to be considered if the fee is modified.
Mr. Boaman emphasized the importance of the adoption of a fee for video machines since the fee involved has been considered in the budget. He felt that all possible arguments have been brought before the committee and Council and could see no advantage in delaying action on the issue.
Mr. Witt called for the question on the motion to table.
By a roll call vote of five (5) yes, three (3) no (Mr. Boaman, Mr. Hardcastle and Mr. Shevock) the matter of a fee for amusement machines was tabled.
Following a discussion by Mr. Roe and the City Solicitor, Mr. Hardcastle moved that the annual amusement fee expiration date, as stipulated in the existing ordinance, be extended for two months, allowing time for the City Solicitor to formulate an amending ordinance. The motion was seconded by Mr. Boaman and carried by a unanimous roll call vote. (It was noted that although the amending ordinance would cover a ten month period due to the two month extension, the fee (as amended) would be based on a twelve month period.)
PROPOSED ORDINANCE - FINE FOR FALSE ALARMS
Captain Hutchison requested that the proposed ordinance that would levy a fine for false alarms energized through negligence, be referred back to the Legislative and Finance Committee review. After in depth discussions with Deputy City Solicitor Catts, Captain Hutchison informed Council that the ordinance requires further study before presentation to Council.
Mr. Witt moved that the proposed ordinance be referred to the Legislative and Finance Committee, seconded by Mr. Hardcastle and unanimously carried.
PROPOSED ORDINANCE AMENDING SECTION 5-21, 5-76 AND 5-61 - PERMIT FEES
Mr. Roe explained that the proposed fees fall under the Building, Plumbing and Fire section of the City Code. The new fees were established in accordance with amounts presented to the Legislative and Finance Committee and the recommendation by that body of approval.
Mr. Boaman moved for approval of the amending ordinance, seconded by Mr. Richter and by a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover Municipal Code is hereby amended in the following respects:
(1) A new Section to be designated, Sec. 5-21 is hereby added to read as follows:
Sec. 5-21. Fees for building permits, fence permits, sprinkler permits, sign permits, swimming pools permits, demolition permits, and moving permits.
(a) Building permit fee. Each applicant for a building permit shall pay unto the City a permit fee computed as follows before such permit shall be issued: The sum of $6.00 for the first $1,000 of costs and $4.00 for each additional $1,000 of costs or multiple thereof.
(b) Fence permit. Each applicant for a fence permit shall pay unto the City a permit fee computed as follows before such permit is issued: The sum of $6.00 for the first $1,000 of costs and $4.00 for each additional $1,000 of costs or multiple thereof.
(c) Sprinkler permit. Each applicant for a sprinkler permit shall pay unto the City a permit fee computed as follows before such permit is issued: The sum of $25 for each O.S. and Y. valve and P.I. valve; $.50 for each sprinkler head up to 100 heads and $.25 per head for all heads in excess of 100, but less than 500, and $.15 per head for all heads 500 or over.
(d) Sign permit. Each applicant for a sign permit shall pay unto the City a permit fee computed as follows before such permit is issued: The sum of $.50 per square foot of sign area provided, however, that a minimum fee for each permit shall be $10.
(e) Swimming pool permit. Each applicant for a swimming pool permit shall pay unto the City a permit fee computed as follows before such permit is issued: The sum of $6.00 for the first $1,000 of cost and $4.00 for each additional $1,000 of cost or multiple thereof, provided that a minimum fee for each permit shall be $25.
(f) Demolition permit. Each applicant for a demolition permit shall pay unto the City a permit fee of $50 for any building which is being demolished for the purpose of vacating the land for future development or construction upon the same, provided that ne fee shall be charged for buildings condemned and required to be demolished by the City of Dover or any public entity.
(g) Moving permit. Each applicant for a moving permit shall pay unto the City a permit fee computed as follows before such permit is issued: The sum of $250.00 for each building.
(2) A new Section is hereby added designated, Sec. 5-76 to read as follows:
Sec. 5.76 Fees - Each applicant for a plumbing permit shall pay unto the City a permit fee computed as follows before such permit is issued:
(a) Fixtures. The sum of $5.00 for the first five fixtures and the sum of $1.25 for each additional fixture.
(b) Garbage disposals and hot water heaters. A minimum fee of $10.00.
(c) Gas, water, and sewer inspection underground. The sum of $10.00 for the first 150 feet and $.25 for each additional ten feet or multiple thereof.
(3) By adding a new Section to be designated, Sec. 5-61 to read as follows:
Sec. 5-61. Heat and Air Conditioning Permit Fees. Each applicant for a heat or air conditioning permit shall pay unto the City a permit fee computed as follows before such permit is issued:
(a) Heat permit. The sum of $10.00 for the first 10,000 B.T.U.s and the sum of $3.00 for each additional 10,000 B.T.U.s or multiple thereof.
(b) Air conditioning permit fee. The sum of $5.00 per ton for the first five tons and the sum of $3.00 per ton, over five tons, or multiple thereof.
ADOPTED: JUNE 28, 1982
MONTHLY REPORTS
By motion of Mr. Boaman, seconded by Mr. Bonar, the following Monthly Reports were unanimously approved:
Chief of Police Report for the month of May
Building Inspector & Fire Marshal Report for the month of May
City Alderman Report for the month of May
City Manager’s Report for the month of May
J.P. Court #7 Report for the month of May
General Operating Fund, Cash Receipts Report for the month of May
General Operating Fund, Budget Report for the month of April
Water/Sewer Fund, Cash Receipts Report for the month of May
Water/Sewer Fund, Budget Report for the month of April
Inter-governmental Service Fund, Revenue and Budget Report for the month of April
Electric Revenue Fund, Cash Receipts Report for the month of May
Electric Revenue Fund, Budget Report for the month of April
Electric Improvement and Extension Budget, Cash Receipts & Disbursements - April
UTILITY COMMITTEE REPORT
The Utility Committee met on June 16, 1982 with Chairman Richter presiding.
Chairman Richter informed Council that the next Utility Committee meeting will be held on July 15, 1982 at 7:30 p.m.
Puncheon Run Interceptor
Mr. Richter explained that the Puncheon Run Sewer Interceptor project has been lying dormant for a long period of time and appears on the Council Agenda due to a federal requirement that the City conduct an additional hearing on June 28, 1982 between the hours of 3:00 p.m. and 5:00 p.m. The City Engineer, the Public Works Director and the consultants for the project were available to answer any questions that interested citizens may wish to discuss. Approximately four citizens did discuss the project during that period of time. Mr. Richter requested that the minutes reflect the opportunity for the public to discuss the project between the hours of 3:00 p.m. and 5:00 p.m. on June 28, 1982 at City Hall.
Mr. Richter moved that Council recognize the fact that a second public hearing was held in relation to the Puncheon Run Sewer Interceptor project with three people appearing and projecting no disapproving comments. The motion was seconded by Mr. Hardcastle and unanimously carried.
McKee Run - Proposed State Consent Decree
The Committee reviewed a prospectus of operational procedures jointly formulated by the State of Delaware and City Solicitor’s Office for the McKee Run Generating Plant. The prospectus outlined certain procedures that the City of Dover will follow under a Consent Order if approval for the signing of the Order is enacted by Council.
Mr. Richter explained that the prospectus of operational procedures and the Consent Order stems from an illegal emission of pollution by the Power Plant.
Mr. Bartolotta explained that the proposed Consent Decree essentially informs the State of a number of new procedures that the City intends to follow in notifying the State of any unusual difficulties that might occur at the plant. The Order also outlines training programs that the City will follow with plant operators and designates in writing the fact that the City has retained a consultant in an attempt to alleviate mechanical problems. The Order also establishes administrative contact between the Department of Natural Resources and the City of Dover. Under the Order the City will pay a $1,000.00 penalty for past emissions representing a minimum fine.
By motion of Mr. Bonar, seconded by Mr. Richter, Council by a unanimous roll call vote, approved the contents of the Consent Order and proposed procedures as outlined in Exhibit #1 more specifically as follows:
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR KENT COUNTY
JOHN E. WILSON, III, C. A. No. 82C-MR-8
Secretary of the Department
of Natural Resources and
Environmental Control of
The State of Delaware,
Plaintiff,
v.
McKEE RUN GENERATING STATION, CONSENT ORDER
City of Dover, A Municipal
Corporation of the State of
Delaware; CONRAD T. HEBERT,
Superintendent,
Defendant.
Plaintiff, by and through Michael J. Malkiewicz, Deputy Attorney General, and Defendant, by and through its attorney, Nicholas H. Rodriguez, hereby stipulate and agree as follows:
1. PENALTY: That judgement be entered in favor of the Plaintiff and that Defendant shall pay to Plaintiff a civil penalty in the amount of One Thousand Dollars ($1,000.00).
2. COSTS: That Defendant shall pay the court costs of bringing this action.
3. OPERATOR TRAINING: The program developed by the City of Dover is contained in Exhibit 1 which is attached hereto and incorporated herein by this reference.
4. MANAGEMENT TRAINING: The program developed by the City of Dover is contained in Exhibit 1 which is attached hereto and incorporated herein by this reference.
5. POWER STATION CONSULTANT: The power station consultant is Arthur J. Poole, as more specifically detailed in Exhibit 2, attached hereto and incorporated herein by this reference.
6. DESIGNATION OF ADMINISTRATIVE CONTACT: The designated administrative contact is Robert Bartolotta, as more specifically detailed in Exhibit 1 attached hereto.
7. EFFECTIVE DATE: Unless otherwise provided herein, the requirements of this Consent Order shall be completed by Defendant on or before sixty (60) days after the date on which the Court enters this order.
8. The Court shall retain jurisdiction over this matter until the completion of all the requirements provided for in this Consent Order. Upon the completion of all the requirements provided for in this Consent Order, this action shall be dismissed and the Court’s jurisdiction over the matter shall cease.
Dated:
MICHAEL J. MALKIEWICZ
Deputy Attorney General
Tatnall Building
P.O. Box 1401
Dover, Delaware 19901
Dated:
NICHOLAS H. RODRIGUEZ, ESQUIRE
Attorney for Defendant
Schmittinger & Rodriguez, P.A.
414 South State Street
P.O. Box 497
Dover, Delaware 19901
SO ORDERED, this day of , 1982.