REGULAR MEETING
October 23, 1978
The Regular Meeting of Council was held on October 23, 1978 at 7:30 p.m. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt and Bewick. Councilman Carson was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
EXECUTIVE SESSION
Council recessed into Executive Session to discuss litigation and personnel matters and reconvened at 7:45 p.m.
PUBLIC HEARING - REZONING - DANIEL DURHAM - RD #5 AND ROUTE #100
The Public Hearing was duly advertised for this time and place to consider rezoning of property located on RD #5, Route #100, owned by Daniel Durham for the purpose of expanding a bicycle repair shop. Vice-Mayor Muir declared the hearing open.
Mr. Bewick referred to the Planning Commission’s recommendation to deny the rezoning, pointing out that the Commission requested that Council consider a more restrictive C-1A zoning if it was their decision to rezone the parcel of land. He asked Mr. Roe to explain the allowable uses under the aforementioned zoning classification.
Mr. Roe explained that Mr. Durham had requested a C-3 zoning which would allow warehousing, storage, retail establishments, including gasoline stations. Under a C-1A zoning, he would be permitted to continue his bicycle sales and repair shop or allowable establishments such as convenience stores, laundry mats or retail liquor sales.
Mr. Daniel Durham, owner of the property, was present stating that a C-1A zoning would satisfy his needs since it would allow him to expand his present business.
Relating to the Comprehensive Plan which stipulates low density residential development in the area, Mr. McDonough felt that approval of a commercial type zoning might encourage others in the area to submit like requests for rezoning.
Mr. David Perman was present reminding Council that the request, if granted, essentially would be spot zoning and would encourage further development of commercial establishments.
Vice-Mayor Muir declared the hearing closed.
Mr. McDonough moved to deny the request for C-3 zoning. The motion was seconded by Mr. Bewick and carried by a roll call vote of six (6) yes, one (1) absent (Mr. Carson).
Mr. Hardcastle moved for approval of the rezoning to a C-1A category. The motion was seconded by Mr. Carey and failed by a vote of four (4) yes, two (2) no (Mr. McDonough and Mr. Witt) with Mr. Carson absent.
RESOLUTION - CITY MANAGER AUTHORIZATION - EPA GRANTS
By motion of Mr. Bewick, seconded by Mr. McDonough, Council adopted the following resolution by a roll call vote of six (6) yes, one (1) absent (Mr. Carson).
BE IT RESOLVED that C. Donald Hodge, Acting City Manager of the City of Dover, Delaware, is hereby authorized to affix his signature as the authorized representative of the City of Dover, Delaware for the execution of all documents necessary for the submission of Federal Grant Applications to the United States Environmental Protection Agency to fulfill a requirement of the Department of Natural Resources and Environmental Control of the State of Delaware and that a record of signature of the Acting City Manager be on exhibit in their files.
MINUTES
Mr. McDonough referred to the Minutes of October 9, 1978 under the heading of “Registration by Mail Ordinance”, stating that it was not his intention to imply that local mail service is unreliable. The proposed ordinance stipulated that applications for registration by mail would be accepted if postmarked December 31st. Residents registering at City Hall have only until the last working day of December. It was his opinion that this would give registrants by mail an unfair advantage. He requested that the Minutes reflect this change.
The Minutes of the Regular Council Meeting of October 9, 1978 were unanimously approved as corrected by motion of Mr. Weyandt, seconded by Mr. Carey and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of September
The Chief of Police Report for the Month of September was approved by motion of Mr. Bewick, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of September
The Building Inspector & Fire Marshal Report for the Month of September was approved by motion of Mr. Witt, seconded by Mr. Carey.
City Alderman Report for the Month of September
Fines remitted for the Month of September were in the amount of $1,627. By motion of Mr. Witt, seconded by Mr. Carey, the City Alderman’s Report for the Month of September was approved.
General Fund, Cash Receipts Report for the Month of September
The General Fund, Cash Receipts Report for the Month of September was approved by motion of Mr. McDonough, seconded by Mr. Carey.
General Fund, Budget Report for the Month of August
The General Fund, Budget Report for the Month of August was approved by motion of Mr. Weyandt, seconded by Mr. McDonough.
Electric Revenue Fund, Cash Receipts Report for the Month of September
The Electric Revenue Fund, Cash Receipts Report for the Month of September was approved by motion of Mr. Witt, seconded by Mr. McDonough.
Electric Revenue Fund, Budget Report for the Month of August
The Electric Revenue Fund, Budget Report for the Month of August was approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement & Extension Fund, Receipts & Disbursements Report - September
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the Month of September was approved by motion of Mr. Weyandt, seconded by Mr. Bewick.
Library Fund, Cash Receipts & Disbursements Report - September
The Library Fund, Cash Receipts and Disbursements Report for the Month of September was approved by motion of Mr. Weyandt, seconded by Mr. McDonough.
Municipal Street Aid Fund, Receipts & Disbursements Report - July, August & September
The Municipal Street Aid Fund, Receipts and Disbursements Report for the months of July, August and September was accepted by motion of Mr. McDonough, seconded by Mr. Witt.
General Capital Fund, Receipts & Disbursements Report - July, August & September
The General Capital Fund, Receipts and Disbursements Report for the Months of July, August and September was approved by motion of Mr. McDonough, seconded by Mr. Weyandt.
City Manager Report for the Month of September
Mr. Hodge referred to the City Manager’s Statistical Report, noting additional breakdowns in electric accounts involving residential, commercial, primary, municipal and 69KV customers. In addition, the water usage tabulation has been revised to indicate the amount of gallons of water pumped by individual pumping stations.
By motion of Mr. Witt, seconded by Mr. Carey, the City Manager’s Report for the Month of September was unanimously approved.
J.P. COURT #7 REPORT - SEPTEMBER
A check was received from J.P. Court #7 for the Month of September in the amount of $6,408.12. Deferred payments as of September 30, 1978 totaled $28,895.99.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council unanimously accepted the J.P. Court #7 Report for the Month of September.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 16, 1978 at 7:30 p.m. with Chairman Bewick presiding.
William E. Deeter - Vondaway Drive - Garage Request
The Committee considered a request Mr. William Deeter of Vondaway Drive to build a garage on his property. Mr. Roe had previously denied a building permit for the garage due to the street not being dedicated and restrictions in the Subdivision Regulations. Residents on Vondaway Drive own to the center of the existing street.
The Committee recommended to place the street under a condominium ownership which would allow it to become a private street but would protect it from being closed by any one individual. Under condominium ownership, Vondaway Drive would become a private street, not eligible for any City services such as snow removal or maintenance.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
Water and Sewer Request - 291 State College Road - Myrtle and Mamie Harris
A letter was received from Myrtle and Mamie Harris of 291 State College Road, requesting City water and sewer.
It was noted by the Committee that said property is not within the corporate limits of the City of Dover and that staff recommended denial. The Committee recommended denial of the request, but offered the solution of annexation.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
Request for Water and Sewer - Dover Brook Gardens
Mr. Hodge reported an engineering and cost study to extend water and sewer services to the development of Dover Brook Gardens, as follows:
Eight inch water main from Lafferty Lane on Horsepond Road to Dover
Brook Gardens with tap, curb boxes and hydrants, 7,500' linear feet - $120,000
Installation of sanitary sewer pumping station - 50,000
Ten inch force main from pumping station to Blue Hen Mall - 172,500
Eight inch gravity system within Dover Brook Gardens to pumping station - 72,600
As submitted by the Engineering Department, Mr. Hodge reported that the total project for water and sewer would cost $450,000. An alternative submitted by the Engineering Department proposed that if the pumping station and force main system could be tied in with the north end of Dover Air Force Base, approximately 5,000', the cost would be reduced by $100,000.
The City Manager’s Office and Engineering Department will discuss this possibility with Base Officials. In addition, the City Manager’s Office has contacted the office of Senator Roth in writing and has been informed that a request for possible funding from HUD, EPA and the Farm Home Administration has been forwarded to the proper channels in Washington.
The Committee requested that the City Manager devise a study showing priorities and cost to provide sewer and water to those areas without this service with the idea of then requesting grants and formulating future bond requirements to fund sewer and water projects in various locations.
Relating to the magnitude of the cost to extend water and sewer to Dover Brook Gardens, Mr. Bewick felt it advisable to wait for a complete study of priorities throughout the City.
Mr. Hodge advised Council that a complete study will be submitted to the Utility Committee in their next regular meeting.
Referring to the undesirable situation existing in Dover Brook Gardens, Mr. Bewick stated that the Utility Committee would be more than willing to call a special meeting at the time that additional information is complied for the Committee to discuss and act upon.
Department of Administrative Services - Request for Waiver of Interest - Water Main
The Committee discussed a letter from Ms. Lydia Boyer, Secretary of Administrative Services, State of Delaware, requesting that Council waive the interest due on a bill of $59,379.24 for water main installation to serve Delaware Technical and Community College and Kent Vocational Technical School. A bill from the City of Dover in the amount of $11,371.08 was received by the Department of Administrative Services.
The Committee recommended that the interest not be waived for reasons of setting a bad precedent that would encourage property owners to make similar requests.
Mr. Jack Mitchell, Director of Facilities Management, in behalf of the Department of Administrative Services, was present to address Council explaining the course of events which led to the accumulation of interest. Mr. Mitchell stated that his department, in good faith, attempted to have the initial amount of $59,379.24 appropriated through the General Assembly beginning November 1975. It was not until June of 1978 that this amount was appropriated.
Mr. McDonough asked if the interest due was requested along with the installation charge for the water main and if the City in any way contributed to the delinquency of payment.
Mr. Mitchell stated that the City did not in any way cause the delinquency and it was the original intention of the department to request a waiver of interest payment.
Mr. Witt stated that he could not reconcile in his mind an act of waiving interest for the State of Delaware when individual property owners are responsible for interest payments that eventually become a lien on their property if not paid.
Mr. Bewick stated that Council take into consideration that by refusing to waive the interest payment would penalize an individual agency of the State for the inaction of other agencies.
Questioned by Mr. Weyandt, Mr. Hodge explained that a private business under the same circumstances would have the option to pay the assessment charges within one (1) year without interest. If the business chose to pay the debt over a five (5) year period, then any accumulated interest would become a lien on the property. He added that his office would be willing to discuss other methods of payment with the Department of Administrative Services.
Mr. Witt moved for denial of the request for a waiver of interest, seconded by Mr. McDonough and unanimously carried, with Mr. Bewick not voting.
Service Realty Company - Millington Acres - Sewer Service Request
The Committee next considered a request from Mr. Ernest Keith of the Service Realty Company, requesting sewer service for a plot of land known as Millington Acres. They were informed by Mr. Hodge that he land is located 3,532' from the nearest sewer line and is not in the corporate limits of the City of Dover.
Staff members recommended denial unless the area could be annexed.
Mr. Bewick moved for denial of the request, seconded by Mr. McDonough and unanimously carried.
Mr. Hardcastle moved for approval of the Utility Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
SUMMARY OF COST - NEW AMBULANCES
Mr. Weyandt requested that Mr. Hodge summarize the final costs of the two new ambulances recently installed into service within the City.
In summarizing the final cost of the ambulances and equipment, Mr. Hodge informed Council that a grant of $20,600 from the Federal Highway Safety Department was utilized to purchase two ten channel medical radios. He is now awaiting a final decision on the life pack five, which will be donated by the Delaware Division of the American Heart Association for a total cost of $6,000. The paramedic training for eight ambulance personnel will be paid for by federal/state funding from a statewide grant of $62,000. Paramedic training is being conducted at the Wilmington medical center at a cost of $2,000 per man. Four of the ambulance personnel will graduate shortly after Christmas and an additional four will graduate sometime in early spring.
STATUS OF NEW COMPUTER INSTALLATION
Per request of Councilman Weyandt, Mr. Hodge reported that the new system thirty-four computer will be delivered the last week in March of 1979 at a purchase price of $79,388.
Most of the training required will be done in-house. Conversion of the old card system to a disc system will be accomplished through the cooperation of a large business in Wilmington at no charge to the City. This was arranged through the local IBM agent.
The City has applied for and received a grant from CETA for two full-time positions during the conversion process. This conversion will encompass eight to ten months.
The present application of computer usage will be converted first and then new applications will be incorporated such as the City Clerk and Tax offices, including a revised warehouse inventory perpetual system.
Council will be informed of installation and conversion schedule progress.
CONTRACTUAL STATUS - DOWNTOWN REVITALIZATION
Mr. Weyandt requested a brief report on the contractual status of the downtown revitalization program.
Mr. Hodge reported that negotiations have been completed with the contractors who will perform the various facets of construction in the downtown area. A workshop will be held in the near future to inform Council of the firm prices received to facilitate awards of bids.
No ground will be broken until after January 1, 1979. The merchants have been informed that there will be no disruption of business during the upcoming holidays. Certain out of sight projects will be initiated, such as relocating roof drains into the storm sewer rather than the sanitary sewer system.
Deadline for completion is scheduled for no later than August 31, 1979.
Stemming from personal observation and from complaints from residents, Mr. Witt again questioned the timing sequence of traffic lights recently installed within the City.
Mr. Hodge informed Council that the traffic department of the State is now attempting to correct the sequence of signals in areas where undesirable tie-ups are occurring. There are traffic signals on Loockerman Street that have not been modified to date.
FIRST REVIEW - VOTER REGISTRATION PURGE
The City Clerk submitted a list of 459 names for Council review and final approval of purge in the meeting of November 13, 1978. Mr. Willis reported that each person appearing on the list was notified by regular mail that their names would be removed from the registration list if they did not appear in person to re-register. He added that every facility that the City could offer was utilized to check those letters returned for incorrect addresses, etc.
Questioned by Mr. Witt and subsequent review of the records in the office of the City Clerk revealed that 117 persons have renewed their registration as a direct result of the letters received.
DISPOSITION OF OLD NIMLO CHARTER AND CODE BOOKS
Mr. Willis informed Council that 23 Charter and Ordinance Books printed by Nimlo remain in the safe of City Hall. Through the years these books have been sold to individuals and organizations for $25.00 per copy. The books on hand do not contain updated supplements, resulting in each copy being incomplete. Since the City is now in the process of recodifying and printing new additions, he suggested approval of Council to dispose of the old Nimlo books at a price of $5.00 per copy.
Mr. Bewick moved for the recommendation of the City Clerk to dispose of all copies of the Nimlo Code on hand at a price of $5.00 per copy. The motion was seconded by Mr. Weyandt and unanimously carried.
DEFERRED BUSINESS
Closing Time of Library
Mr. Hodge referred to a complaint by several citizens concerning the premature closing time of the library. Council requested that the City Manager look into this matter and correct same.
He informed Council that a directive has been issued to the Director of the library and employees stipulating the scheduled closing time and asking that no reoccurrence of this matter be brought to his attention.
Regulation of Cable Television Systems Ordinance
Mr. Bewick referred to an ordinance submitted by City Solicitor Rodriguez that would regulate cable television system franchises and moved that a public hearing be held on December 11, 1978 at 7:30 p.m. for consideration of adoption. The motion was seconded by Mr. Hardcastle and unanimously carried.
CORRESPONDENCE
Meeting Congressional Delegation and Governor - Dover By-Pass
A letter was received by Mayor Legates from Elizabeth S. White, Appointment Secretary for Governor duPont, advising Council members that a date of November 1, 1978 at 4:30 p.m. was set for members of Council to meet with the Governor and a congressional delegation to discuss the Dover By-Pass.
The City Manager stated that he would contact Ms. White and advise her of Council’s acknowledgment of the meeting and that a representation will be in attendance.
Meeting Adjourned at 9:25 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of October 23, 1978, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
October 30, 1978
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