REGULAR MEETING
August 27, 1979
The Regular Meeting of Council was held on August 27, 1979 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Muir, Carey, Witt and Carson. Councilman Bewick was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ADDITIONAL AGENDA ITEMS
MINUTES
The Minutes of the Regular Council Meeting of August 13, 1979 was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Vice-Mayor Muir.
MONTHLY REPORTS
Chief of Police Report for the Month of July
The Chief of Police Report for the month of July was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Building Inspector and Fire Marshal Report for the Month of July
The Building Inspector and Fire Marshal Report for the month of July was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
City Alderman Report for the Month of July
The City Alderman Report for the month of July was unanimously approved by motion of Mr. Weyandt, seconded Mr. Carey.
General Fund, Cash Receipts Report for the Month of July
The General Fund, Cash Receipts Report for the month of July was unanimously approved by motion of Mr. Witt, seconded by Mr. McDonough.
General Fund, Budget Report for the Month of June
The General Fund, Budget Report for the month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. Weyandt.
Electric Revenue Fund, Cash Receipts Report for the Month of July
The Electric Revenue Fund, Cash Receipts Report for the month of July was unanimously approved by motion of Mr. McDonough, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of June
The Electric Revenue Fund, Budget Report for the month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. McDonough.
Electric Improvement and Extension Fund, Receipts & Disbursements Report - July
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the month of July was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager’s Report for the Month of July
The City Manager’s Report for the month of July was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
J.P. COURT #7 REPORT - JULY
A check was received from J.P. Court #7 for the month of July in the amount of $7,800.44. Deferred payments through the month of June totaled $33,028.89.
By motion of Mr. Witt, seconded by Mr. McDonough, the J.P. Court #7 Report for the month of July was unanimously approved.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 15, 1979 with Chairman Muir presiding.
Proposed Adjustment - Personal Vehicle Mileage Reimbursement
Based on surveys of other municipalities and other state agencies, it was the recommendation of the committee that the reimbursement for use of personal vehicles be raised from the present 10¢ per mile to a proposed 15¢ per mile. This would result in an annual cost impact of $1,175.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Longevity Benefits
It was the recommendation of the committee that the present longevity increment of $4.00 not be increased to $6.00 as proposed.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. McDonough and unanimously carried.
On Call Pay
The committee considered a proposal by the City Manager that would increase on call pay for emergency crews from the present two hours to a proposed seven hours. The City Manager cited increased difficulty in finding personnel who are willing to remain on call, sacrificing off duty activities.
The City presently pays two hours straight time per week for being on call and 1½ times for all call out hours at two hours per call minimum. The proposed policy would pay seven hours straight time per week for stand-by and 1½ times the actual time on call based on half hour increments and no minimum for the person on call.
It was the recommendation of the committee that the City Manager’s proposal be approved.
In response to a question by Mr. Carson, Mr. Mogan stated that approval of the proposal would cost $9,769. Mr. Carson wondered if the five hour jump wasn’t too large a jump at one time.
Mr. McDonough moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Size of Official Minute Book
The City Clerk requested permission to change the present size of the Official Minute Book (10" x 16") which necessitates retyping a complete set on 8½” x 11" paper for distribution to Council, staff and news media. The present book size was established in 1924 and is not conducive to microfilming.
It was the recommendation of the committee that the City Clerk be given the prerogative to change the Minute Book size when it becomes feasible.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Mr. Witt moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. McDonough and unanimously carried.
EXECUTIVE SESSION
Mr. Witt moved to recess into executive session to discuss personnel matters and finances int eh Electric Department. The motion was seconded by Mr. McDonough and unanimously carried.
PERSONNEL MATTERS
Mr. Witt moved that the positions of an Accountant I and an Accountant II (at a rate of G-16 and G-14 respectively) be created and that a position of a Data Control Operator (G-10) and a Systems Operator (G-12) be created, effective at the pleasure of the City Manager. It was noted by Council that the positions of Systems Operator and Data Control Operator are not new positions. Although the Accountant I and Accountant II positions are new, two other positions are being eliminated.
Mr. McDonough stated his opposition to the creation or upgrading of any positions until after Mr. Mogan has completed the job evaluation study which will take approximately 60 days. Mr. McDonough felt that this would eliminate the piecemeal type of upgrading that the City is presently approving.
Mr. Witt stated that these positions are needed in the finance area since it is one of our critical areas. It was his opinion that if the Finance Department is not working properly, the entire City cannot function properly.
Mr. Muir called for the question on the motion.
By a roll call vote of six (6) yes, one (1) no (Mr. McDonough), (Mr. Bewick absent) the motion was approved.
RESOLUTION - ELECTRIC DEPARTMENT FINANCES
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council by a unanimous roll call vote (Mr. Bewick absent) adopted the following resolution.
BE IT RESOLVED that an amount of $62,500 be transferred to the Improvement and Extension Fund from the Electric Revenue Fund and that an amount of $187,500 be transferred to the General Fund. This total of $250,000 is the amount available in the Electric Revenue Fund as of June 30, 1979.
ADOPTED AUGUST 27, 1979
UTILITY COMMITTEE REPORT
The Utility Committee met on August 15, 1979 with Chairman Bewick presiding.
Customer Deposit - Water and Sewer Bills
After considerable discussion on this matter, it was the recommendation of the committee that deposits not be charged from water and sewer customers. Mr. Witt moved for the recommendation of the committee, seconded by Mr. Muir.
Mr. Weyandt moved to table this matter until such time as it is feasible to get the businessmen in the City of Dover to come before the Utility Committee with their recommendations. By a roll call vote of four (4) no, three (3) yes (Mr. Weyandt, Mr. Hardcastle and Mr. Carey) with Mr. Bewick absent, the motion to table the matter failed.
The original motion to approve the recommendation of the committee was approved by a roll call vote of four (4) yes, three (3) no (Mr. Weyandt, Mr. Hardcastle and Mr. Carey) with Mr. Bewick absent.
Attorney Charles Wheatly - Specialist - Electric Contractual Lawyer
It was the recommendation of the City Manager that Mr. Charles Wheatly, from Washington D.C., be hired to represent the City in plans for future expansion of its electrical facilities.
The City Manager pointed out the necessity of legal advice in dealing with possible amendments to the PJM Pool Agreement, keeping abreast of developments in the Delaware Municipal Corporation, territorial rights and possible expansion of the City’s generating capacity.
Mr. Wheatly had informed the committee that his first concern would be the contract with an engineering firm conducting a feasibility study on unit #4, related to the timing, size, etc., which would incorporate the contract terms to protect the City if the project goes forth. The second phase would encompass the analyzation of the City’ system and the addition of generating facilities needed to fulfill the project growth of the future. This might involve generating facilities needed to fulfill the project growth of the future. This might involve legal problems with the interconnection that would require assistance to the engineering firm.
Mr. Wheatly’s fees would be on an hourly basis, billed each month.
It was the recommendation of the committee that the City Manager be authorized to hire Mr. Wheatly for all legal matters involved in future plans for the City’s electrical system.
In response to a question by Mr. Weyandt, Mr. Mogan replied that the hourly rate has not yet been determined.
Mr. Hardcastle asked the City Manager if we would have to enter into a contract with Mr. Wheatly for a certain period of time or if we have the option to discontinue his services at any time.
Mr. Mogan replied that there is no signed contract and we could discontinue his services at our discretion.
Mr. Muir moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried by a voice call vote (Mr. Bewick absent).
Sewer Assessment - Leipsic Road and Persimmon Tree Lane - Project #72-A
It was the recommendation of the committee that Council adopt an ordinance, setting a front foot charge of $13,91 per front foot, incorporating a ten year pay back clause for sewer installation on the Leipsic Road and Persimmon Tree Lane, setting a public hearing date of September 10, 1979 at 8:00 p.m.
Mr. Witt moved for acceptance of the committee recommendation and adoption of the following ordinance. The motion was seconded by Mr. Carey and approved by a unanimous voice call vote (Mr. Bewick absent).
WHEREAS, the Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed sewer mains on Persimmon Tree Lane and Leipsic Road area, and
WHEREAS, this ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $13.91 per front foot adjoining the said sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on September 10, 1979 at 8:00 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED AUGUST 27, 1979
Sewer Assessment Policy
The committee considered a Sewer Assessment Policy that would set a standard front foot charge of $14.00 for the next year. Each year the charge would be analyzed and adjusted according to the cost of installation.
The committee recommended adoption of the policy as submitted by the City Manager, setting a uniform front foot charge of $14.00 for the coming year to be adjusted as necessary every year thereafter.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey.
Mr. McDonough stated his objections to the uniform front foot charge. It was his opinion that the present of charging on the basis of actual cost is a just method that does not penalize a citizen for sewer installation by averaging costs throughout the City. The present policy allows each property owner to pay for their own sewer installation, based on actual costs.
Mr. Weyandt stated his objections, reiterating Mr. McDonough’s opinion that some property owners would be forced to pay a high fee sewer installation when their actual sewer depth might have called for a much lesser front foot charge.
Mr. Hardcastle called for the question on the motion.
By a roll call vote of four (4) no, three (3) yes, (Mr. Muir, Mr. Carey and Mr. Carson) with Mr. Bewick absent, the motion failed.
Delaware Teleservice - Service to Public
Due to the displeasure of many citizens in reference to numerous outages and poor picture quality from Delaware Teleservice, the committee though it wise to remind citizens of Dover that Delaware Teleservice is regulated by the City of Dover and complaints should be referred to City Hall, City Manager’s Office, where they can be passed on to the Utility Committee.
It was the recommendation of the committee, that Council publicly stated their relationship with Delaware Teleservice through the existing franchise agreement.
Mr. Witt reported many calls from citizens, stating that when trying to make an emergency call to Delaware Teleservice, the line is either busy or no one answers the telephone. He felt that the City should require better service than this for the citizens of the City of Dover.
Mayor Legates offered to contact the President of Delaware Teleservice, Mr. Lloyd smith, and convey Council’s concerns to him. Hopefully, Mr. Smith will reply to the complaint prior to the next Council meeting.
In reviewing the agreement between the City of Dover and Delaware Teleservice, it was Mr. Weyandt’s opinion that the City has an agreement with Delaware Teleservice whereby they pay the City so much for use of the poles, installing their lines, etc. Mr. Weyandt does not feel that Council has the authority to interfere with the running of the office. He felt that the only authority the City has is to cancel the agreement if they aren’t giving satisfactory service to the citizens of Dover. He could see no purpose in City personnel taking the complaints and forwarding them to Delaware Teleservice and thought that the complaints should go directly to their service department.
Mr. McDonough felt that much of the problem is with the telephone answering service used by Delaware Teleservice, as he also has received many complaints of the number being busy.
Mr. McDonough moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Mr. Witt moved for the acceptance of the Utility Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
REZONING REQUEST - WEST SIDE OF SOUTH NEW STREET - GRIFFITH, AUEN AND AUEN
A request was received from Mabel S. Griffith and Eugene and Marlene Auen to rezone property located on the west side of South New Street, containing approximately one acre. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the west side of South New Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on September 24, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located on the west side of South New Street, owned by Mabel S. Griffith and Eugene and Marlene Auen.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 27, 1979
REZONING REQUEST - 505 S. GOVERNORS AVENUE/120 W. WATER STREET - EDWARD C. LARRIVEE
A request was received from Edward C. Larrivee to rezone property located at 505 S. Governors Avenue and 120 W. Water Street. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Muir, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 505 S. Governors Avenue and 120 W. Water Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on September 24, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-3 that property located at 505 S. Governors Avenue and 120 W. Water Street, owned by Edward C. Larrivee.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 27, 1979
REZONING REQUEST - LOTS #1 - #3 PERSIMMON TREE LANE - NELLIE PIKE
A request was received from Nellie Pike to rezone property located at lots #1, #2, and #3 Persimmon Tree Lane. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Muir, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF THE SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at lots #1, #2 and #3 Persimmon Tree Lane are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on September 24, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 that property located at lots #1, #2 and #3 Persimmon Tree Lane, owned by Nellie Pike.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 27, 1979
CORRESPONDENCE
Division of Historical and Cultural Affairs - Lawrence C. Henry, Director
A letter was received from Lawrence C. Henry, Director/State Historic Preservation Officer, which states that the Victorian Dover Historic District was listed in the National Register of Historic Places on July 16, 1979.
This recognizes the Victorian Dover Historic District as possessing unusual significance to the history of Dover and assures that his office will review all federal projects to determine any effect that may have on the property. This action also makes these sites eligible for federal historic preservation grants-in aid, administered by his office.
Mr. McDonough moved to acknowledge receipt of the letter, seconded by Mr. Carey.
Mr. Weyandt asked if this matter had been brought before Council previously. Mayor Legates informed him that Council had tabled action on this matter at one time; however, action has since been taken by the State.
The motion was approved with Mr. Witt voting no.
Central Dover Business Association, Inc. - Grand Opening - Downtown Renovations
A letter was received from the Central Dover Business Association, Inc., informing Council of the grand re-opening ceremonies for the downtown area which will be held on September 29, 1979 and to request that the following streets be blocked off.
Loockerman Street - from State Street to Governors Avenue - 10:30 - 12:30
Bradford Street - from Reed Street to Loockerman Street - 10:30 - 12:30
Loockerman Street - from Governors Avenue to New Street - 1:30 - 3:00
Mr. Hardcastle moved that the matter be referred to the Chief of Police, seconded by Mr. McDonough and unanimously carried.
Delmarva Windsurfing Fleet - Race on Silver Lake
A letter was received from Mr. Walter McCann, Race Committee Chairman for Delmarva Windsurfing Fleet, requesting permission to hold their 4th annual race on Silver Lake on September 9, 1979 between the hours of 10:00 a.m. and 4:00 p.m.
Mr. Hardcastle explained that this matter is usually referred to the Parks, Playgrounds and Trees Committee, but since they have no scheduled meeting this month, he requested that Council take action. He stated that this is the fourth race to be held on Silver Lake by the Delmarva Windsurfing Fleet and reported no problems in the past.
Mr. Hardcastle moved for approval of the request, subject to the approval of the Chief of Police and the City Manager. The motion was seconded by Mr. Witt and unanimously carried.
MEETING ADJOURNED AT 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 27, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
September 3, 1979
db/db