REGULAR MEETING
January 22, 1979
The Regular Meeting of Council was held on January 22, 1979 at 7:00 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Hardcastle requested an emergency agenda addition to discuss the detour signs in the downtown area.
MINUTES
Mr. McDonough pointed out an apparent mistake in the Minutes of January 8, 1979 under the heading, “Public Hearing - Zoning Ordinance - Signs - Residential Areas”.
A vote of five (5) yes, one (1) not voting (Mr. Witt) and one (1) absent (Mr. Bewick) was corrected to read six (6) yes, one (1) not voting (Mr. Witt) and one (1) absent (Mr. Bewick).
The Minutes of the Regular Meeting of January 8, 1979 were unanimously accepted by motion of Mr. Muir, seconded by Mr. Weyandt and bore the written approval of Mayor Legates.
MUNICIPAL ELECTION RESULTS - JANUARY 15, 1979
As certified by the election judges and the City Alderman, the City Clerk presented the following results of the January 15, 1979 Municipal Election.
FIRST DISTRICT Machine Votes Absentee Votes Total
Paul N. Kertiles 735 38 773
John P. Lopez 239 8 247
Joseph M. McDonough 1,282 36 1,318
SECOND DISTRICT
Robert “Bill” Craig 645 20 665
Francis R. Weyandt 1,551 59 1,610
THIRD DISTRICT
Lance B. Bartel 953 23 976
Charles L. Witt 1,268 55 1,323
FOURTH DISTRICT
Fred B. Carey, Sr. 1,012 54 1,066
Bernhard A. Greenfield 382 2 384
David L. Perman 888 26 914
As read into the record by the City Clerk, the January 15, 1979 Municipal Election results were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt.
DELAWARE TELESERVICE - EXTENSION OF FRANCHISE TERM
Mr. Lloyd Smith, President of WDOV and WDSD and Executive Vice-President of Delaware Teleservice, Inc., addressed Council requesting approval of a fifteen year extension on the existing franchise with the City. Mr. Smith explained that the earth station must be constructed within three months after granting of a license by FCC. He added that it was necessary to order the equipment to meet the FCC deadline. At the present time, Delaware Teleservice has no plans to increase any teleservice rates within the City of Dover.
Mr. Bewick moved to approve a fifteen year extension of the franchise agreement with Delaware Teleservice, beginning January 22, 1979 and ending January 1994. The motion was seconded by Mr. Hardcastle.
Questioned by Mr. Weyandt, Mr. Bewick stated that it is understood that the proposed extension of the present franchise to fifteen years will be governed by the provisions of the existing agreement, although the Utility Committee is studying some minor changes in that document.
Mr. Hardcastle called for the question. By a unanimous roll call vote, Council approved the extension of the present franchise to fifteen years.
APPOINTMENT - DOVER LIBRARY COMMISSION
Mayor Legates presented the name of Mrs. Arnold Swygert to fill a vacancy on the City of Dover Library Commission, caused by the absence of Mrs. Alice Holmes.
By motion of Mr. Hardcastle, seconded by Mr. Bewick, Council unanimously approved the appointment of Mrs. Arnold Swygert to serve a term ending in November 1983.
RESOLUTION - LIBRARY COMMISSION - ALICE M. HOLMES
By motion of Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote, adopted the following resolution.
WHEREAS, Alice M. Holmes has served as a member of the Dover Library Commission from 1972 to the present time, and
WHEREAS, Alice M. Holmes has devoted her time and attention to the important functions of the Dover Library Commission to the benefit of the residents of the City of Dover and has served well in her capacity as a member of the Dover Library Commission, and
WHEREAS, Alice M. Holmes was most instrumental in seeing that the transition of library management from the Capital School District to the City of Dover in 1975 was accomplished in a smooth and efficient manner.
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 extreme appreciation to Alice M. Holmes for devoting her attention and rendering her guidance and leadership on behalf of the Dover Library Commission.
2. The Mayor and Council of the City of Dover wish Alice M. Holmes success in her future endeavors and express their regret at the expiration of her term of office.
3. 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 Alice M. Holmes.
ADOPTED JANUARY 22, 1979
MONTHLY REPORTS
Chief of Police Report for the Month of December
The Chief of Police Report for the Month of December was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Muir.
Building Inspector & Fire Marshal Report for the Month of December
The Building Inspector & Fire Marshal Report for the Month of December was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
City Alderman Report for the Month of December
The City Alderman Report for the Month of December was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Fund, Cash Receipts Report for the Month of December
The General Fund, Cash Receipts Report for the Month of December was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
General Fund, Budget Report for the Month of November
The General Fund, Budget Report for the Month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of December
The Electric Revenue Fund, Cash Receipts Report for the Month of December was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
Electric Revenue Fund, Budget Report for the Month of November
Questioned by Mr. Hardcastle and Mr. McDonough, Mr. Hodge explained the recent failure of unit #3 at McKee Run Power Plant. The malfunction of a turbine blade has resulted in shipping the turbine to Virginia for repairs. The repairs are expected to involve approximately 16 days, beginning January 18, 1979. During the time necessary for repairs to the boiler tubes and the recent malfunction of the turbine, it will be necessary that the City purchase power from the PJM pool. Mr. Hodge pointed out that the purchase power figure does not indicate total loss since the City will not be burning the fuel oil that would have been utilized if the unit was on the line.
Noting that the unit has recently undergone an annual inspection, Mr. Weyandt questioned the expertise of the consultants and power plant personnel who are responsible for preventive maintenance on the unit. He suggested that possibly an engineer should be hired to oversee the work performed by consultants at the plant.
The Electric Revenue Fund, Budget Report for the Month of November was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
Electric Improvement Fund, Cash Receipts & Disbursements Report - December
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of December was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
Library Fund, Cash Receipts & Disbursements Report - December
The Library Fund, Cash Receipts & Disbursements Report for the Month of December was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
General Capital Fund, Receipts & Disbursements Report - October, November & December
The General Capital Fund, Receipts and Disbursements Report for the months of October, November and December was unanimously approved by motion of Mr. Muir, seconded by Mr. McDonough.
Municipal Street Aid Fund, Receipts & Disbursements Report - October, November & December
The Municipal Street Aid Fund, Receipts and Disbursements Report for the month of October, November and December was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
City Manager’s Report for the Month of December
Mr. Hodge recommended that Friday, March 16, 1979 be designated as the deadline date for applications for revenue sharing funds. The applications are to include financial statements for the two previous years. As suggested by Mr. McDonough, this would also include any applications mailed and postmarked by March 16, 1979. Advertisements will be placed in local newspapers to inform the public of the established cutoff date.
Mr. Muir moved for the recommendation of the City Manager and the approval of the City Manager’s Report as submitted, seconded by Mr. Carey and unanimously carried.
DESIGNATION OF CONSULTING ENGINEER - SEWER REHABILITATION PROJECT
Mr. Hodge explained that it will be necessary that Council designate the consulting engineer for phase III of the sewer rehabilitation project and also designate the City Manager as the authority to sign the necessary contract. The phase III consulting and inspection fees will be in the amount of $44,800. Seventy-five percent of this amount is to be paid by the federal government, ten percent by the State and fifteen percent by the City. The City’s proportionate share will cost $6,720. After the prescribed evaluation of the consultants who initially submitted bids, it was the City Manager’s recommendation that Edward H. Richardson be designated as the consulting engineer.
Mr. Weyandt questioned the methods utilized to evaluate a consulting engineer. It was his opinion that further study and review should be initiated before designation of a consultant.
Mr. Carson suggested that the matter be referred to the Utility Committee for a report back to Council.
Mr. Muir moved that the question of the consulting engineer and method of evaluation be referred to the Utility Committee at their next regular meeting for report back to Council at the following regular Council meeting. The motion was seconded by Mr. McDonough and unanimously carried.
RESULTS OF OIL BID OPENINGS - MCKEE RUN POWER PLANT
Mr. Hodge reported receiving bids for the oil requirements of McKee Run Power Plant over a period of twelve months, amounting to 43 million gallons or 1,023,809 barrels. Request for bids were mailed to some 12 suppliers with four suppliers responding. After evaluation of the four submitted bids, delivered F.O.B. McKee Run Power Plant, as submitted by Pedroni Fuel Company, be approved.
Mr. Weyandt asked if the bid price could not be raised in a period of thirty days, resulting in a per barrel price greater than any of the bids submitted by the other three companies.
Mr. Hodge explained that this was true, but that all company increases are regulated by the federal government. It was noted that either the City of Dover or Pedroni Fuel Company could cancel the contract with a 60 day notice.
Questioned by Mr. Weyandt on the requirement of a performance bond by the company, Mayor Legates stated that this possibility had been investigated with other companies in prior years and it was found that under the present fuel supply conditions, companies submitted bids will not initiate a performance bond.
Mr. Muir moved to accept the bid of Pedroni Fuel Company of $12.484 per barrel as recommended by the City Manager, seconded by Mr. Hardcastle and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF DECEMBER
A check was received from J.P. Court #7 for the month of December in the amount of $6,743.05. Deferred payments as of December 1978 totaled $32,066.14.
Mr. Hardcastle moved for approval of the report as submitted, seconded by Mr. Muir and unanimously carried.
PUBLIC HEARING - KENT RENTALS, INC. - 1089-1099 BAY ROAD - REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 1089-1099 Bay Road, left side of Route #113 and north of Kings Cliffe Trailer Park, owned by Kent Rentals, Inc. The equitable owners are Phyllis E. and Samuel E. Miller. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
Questioned by Mr. Carson, Mr. Roe stated that the property would by utilized as a Rayco upholstery shop. The installation would conform with the existing land use in the area and meets with land use map requirements and the Comprehensive Plan. Mr. Roe added that the use would also be in keeping with requirements of the Air Installation Compatible Use Zone Study.
Mr. Hardcastle moved for approval of the rezoning, seconded by Mr. Muir and by a unanimous roll call vote, 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 THE LAND LOCATED AT 1089-1099 BAY ROAD.
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 on property located at 1089-1099 Bay Road, owned by Kent Rentals, Inc.
ADOPTED JANUARY 22, 1979
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 17, 1979 with Chairman Muir presiding.
Suspension of Police Department Promotional Test
The Committee discussed the matter of suspending police department promotional tests with Chief Spence who stated that arrangements for the test and the testing procedure would probably involve a time period that would result in a billing for fiscal year 1979-1980. This would effectively save the budgeted amount of $1,400 for testing in 1978-79.
Considering the above and the promotional policy and procedure approved by Council, effective January 1977, it was the Committee’s recommendation that Chief Spence be directed to proceed with the testing as soon as possible.
Mr. McDonough explained that if for some unforeseen reason an opening occurred within the department, the person chosen to fill that vacancy would be taken from the old eligibility list. Testing each year creates a new eligibility list according to qualifications.
Mr. Carson stated that he supported Chief Spence’s decision to temporarily suspend the promotional testing procedure which will further the effort to hold down cost to the City and the possibility of a tax increase.
Mr. McDonough moved for the recommendation of the Committee, seconded by Mr. Witt. By a roll call vote of seven (7) yes, one (1) no (Mr. Carson) the recommendation of the Committee was approved.
Transfer of Park Guard
In considering a suggestion by Chief Spence that supervision of a park guard at the recreation center be transferred to the recreation director, the committee recommended approval. It was noted that the guard’s time could be better utilized and scheduled if the transfer was initiated.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Bewick and unanimously carried.
Christian Life Center - Tax Exempt Status
The Committee next considered a request by Mr. Gregory Martin of the Christian Life Center who asked that the 1978 tax bill for that facility be waived. It was noted that the Christian Life Center had no representation at the sitting of the appeals board on the first two weeks of April.
It was the recommendation of the Committee to recommend denial of the request and at the same time advise Mr. Martin of his opportunity to renew the request at the tax appeals of 1979.
Mr. Weyandt moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
City of Dover Tax Re-evaluation
Mr. Hayes reported to the Committee his concern for a tax re-evaluation on the properties within the City. He suggested that the City consider arrangements with the County for a county-wide reassessment evaluation with the City paying a proportionate share.
It was the recommendation of the Committee that Mayor Legates appoint a committee to explore a mutual reassessment with the County.
Mr. Weyandt moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
Mayor Legates submitted the names of Mr. McDonough, Mr. Witt and Mr. Muir to serve on the above mentioned committee.
By motion of Mr. Bewick, seconded by Mr. Carey, the Mayor’s appointments were approved.
Pay by Phone - Sewer and Water Bills
It was revealed to the Committee that pay by phone for electric bills has been very satisfactory and saves the City considerable time in the area of book work and time. Mr. Hodge recommended that the service be initiated for sewer and water bills, based on the efficiency experience with electric billings. The Committee recommends approval of the plan as submitted.
Mr. Weyandt moved for the recommendation of the Committee, seconded by Mr. Witt and unanimously carried.
Robbins Hose Company Loan
The Committee considered a request from the Robbins Hose Company that the City secure a loan of $30,000 for the purchase of adjacent property on Governors Avenue for the purpose of expanding parking facilities and provide maneuverability for large equipment. Approval of the request would initiate a method of securing a lower interest rate.
It was the recommendation of the Committee that the request be approved.
By motion of Mr. Witt, seconded by Mr. Bewick, the Committee’s recommendation was approved.
By motion of Mr. Weyandt, seconded by Mr. Carey, the Legislative and Finance Report was approved as submitted.
CORRESPONDENCE
Annexation Request - Weimer B. Heite Estate - Route #8
A request was received from Mr. W. Frank Heite to consider annexation of approximately 13.86 acres of land located on Delaware Route #8.
Mr. Witt moved that the request be referred to the Utility Committee and Planning Commission, seconded by Mr. Carey and unanimously carried.
Bicentennial Committee - Manter Audit Fee
A letter received from G. Daniel Blagg and Mikki Brockstedt, former Chairman and Administrative Director of the Bicentennial Committee, requested that the City negotiate an audit bill from Mr. William Manter in the amount of $1,000. The letter explained that the present bank balance of the Committee totals $41,18 and that it will be necessary for the City to pay the bill with funds from other sources.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Hardcastle and unanimously carried.
DOWNTOWN TRAFFIC SIGNS DUE TO CONSTRUCTION
Mr. Bewick reported complaints from downtown merchants concerning the detour signs indicating construction. He yielded the floor to Mr. Greg Boaman, Vice-President of the Downtown Merchants Association, for further explanation.
Mr. Boaman reported conversations with City staff members and felt that the problem could be resolved through the cooperation of Mr. Woods, Public Works Director, and Chief Spence. Consideration by Council would not be necessary at this time.
Mr. Weyandt moved for adjournment, seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 8:21 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of January 22, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
January 29, 1979
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