REGULAR MEETING
May 8, 1978
The Regular Meeting of Council was held on May 8, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt and Bewick. Councilman Carson was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Bewick requested an executive session to be held immediately following the Regular Meeting to discuss possible litigation.
Mr. Witt requested an added item under the executive session to discuss personnel matters.
Mr. Willis requested an additional agenda item to present a letter from the first Baptist Church relating to a tax appeal for property located on Walker Road.
MINUTES - APRIL 24, 1978
The Minutes of the Regular Council Meeting of April 24, 1978 were approved unanimously by motion of Mr. Muir, seconded by Mr. Carey and bore the written approval of Mayor Legates.
DEDICATION OF STREETS - FOXHALL PLANTATION
Reporting that performance bonds are now in the hands of the City Manager and rights-of-way inspected by the various departments, Mr. Hodge presented the following streets in Foxhall Plantation to be approved into the street system of the City of Dover:
Merion Road Baltusrol Road
Inverness Court Bellrive Court
Merion Court Scioto Court
Oakmont Drive Tam O’Shanter Court
Baltusrol Court
Mr. Hardcastle moved for acceptance of the streets, seconded by Mr. Witt and unanimously carried.
BID AWARD - PROJECT #70-A - ROUTE #88 - SANITARY SEWER AND PUMPING STATION
Mr. Hodge reported the results of a bid opening held on May 8, 1978 at 3:00 p.m. for the construction of a sanitary sewer and pumping station on Route #88, known as Project #70-A.
The following construction firms submitted bids:
Teal Construction $214,870
George & Lynch 244,582
Seaford Construction 283.350
The City of Dover Engineer estimated the project at $248.555. It was the recommendation of the City Manager’s office that Teal Construction be awarded the bid in the amount of $214,870.
Mr. Muir moved for approval of the City Manager’s recommendation, seconded by Mr. Weyandt and unanimously carried.
CANCELLATION OF PUBLIC HEARING - MAY 22, 1978
Mr. Hodge informed Council that it would be unnecessary to hold a public hearing on May 22, 1978 to consider the General Fund proposed budget and Electric Fund. Explaining that the hearing had not been advertised, he recommended that the public hearing be canceled.
Mr. Witt moved for the recommendation of the Acting City Manager, seconded by Mr. Muir and unanimously carried.
ORDINANCE PROHIBITING SIGNS ON UTILITY POLES, ETC.
Mr. Hodge informed Council that there will be a concentrated effort to prevent the placement of signs on utility poles and hydrants throughout the City. He related to the ordinance prohibiting same which will be utilized for all signs found to be in violation.
NORTH STREET CROSSING
Mr. Hodge announced that the North Street crossing will be open for traffic on May 15, 1978.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 1, 1978 with Chairman Bewick presiding.
Set Public Hearing - Privately Owned Fire Hydrants
In discussing enforcement problems relating to privately owned hydrants, the Committee recommended that the City Solicitor prepare an ordinance mandating that all privately owned hydrants be maintained in good working order and that a public hearing be set.
Mr. Bewick moved for approval of the recommendation and that a public hearing be set for June 1, 1978 at 8:00 p.m. The motion was seconded by Mr. Witt and unanimously carried.
Annexation Requests - Delaware Home Builders (Route #8) and Ralph Jones (Mifflin Road)
The Committee considered an annexation request from Delaware Home Builders, owning property on Route #8 which consists of 13.86 acres and for a property located on Mifflin Road, owned by Ralph Jones.
It was the recommendation of the Committee that questionnaires be mailed to residents in the area in preparation of a full report at the next committee meeting, which will include an analysis of the financial impact on the City.
Mr. Hodge outlined the area to be mailed questionnaires which include the Gagen property, the Carey property, all properties fronting on Mifflin Road and the Dover-Hartly Road.
Mr. Bewick moved that questionnaires be mailed to the properties as outlined by the Acting City Manager. The motion was seconded by Mr. McDonough and unanimously carried.
Reichold Industries - Water Request
The Committee recommended denial of a request by Reichold Industries to connect to the City water system, with future consideration upon an expressed desire of annexation on the part of the company.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Witt and unanimously carried.
Delaware Teleservice Rate Increase
Mr. Levitt addressed Council with a detailed report complied with financial data submitted by Delaware Teleservice. After a thorough study by the Finance Department and nearly a year of consultation, it was the sub-committee’s opinion that sufficient profit is being realized by Delaware Teleservice from the City.
Based on the sub-committee’s findings, Mr. Bewick moved to deny the request for a rate increase, seconded by Mr. McDonough.
Mr. McDonough stated that his main opposition to a denial of the increase is an indication that the Committee is challenging the present rate which was set by a former Council.
Mr. Weyandt said that he could not understand how Delaware Teleservice could qualify a rate increase when it has been stated that City expenses for the service cannot by separated from the entire system.
Mr. Witt explained that the present rate was approved by Council based on a recommendation of the City Manager, per the professional findings of consultants.
Questioned by Mr. Weyandt, Mr. Levitt stated that the committee was looking for an overview of what the company’s expenses totaled, information on capital expenditures for improving their operation and net income. The committee did not concern themselves with the present rate. The recommendation of denial was based on analysis of information submitted by Delaware Teleservice to the Finance Director.
On a roll call vote of five (5) no, two (2) yes (Mr. Weyandt and Mr. Bewick) with Mr. Carson absent, the motion to deny an increase to Delaware Teleservice failed.
Mr. Witt moved that a rate increase of 35¢ or $6.85 per month as requested by Delaware Teleservice be granted. The motion was seconded by Mr. Muir and carried by a roll call vote of six (6) yes, one (1) no (Mr. Bewick) with Mr. Carson absent.
After a general discussion, it was decided that the new rate would become effective in accordance with the decision of Delaware Teleservice. By motion of Mr. Witt, seconded by Mr. Muir, the Utility Committee Report was approved as submitted.
PUBLIC HEARING - EXTENSION OF DAILY REGISTRATION HOURS
A public hearing was duly advertised for this time and place to consider an amendment to the ordinance which restricts the hours of voter registration from 9:00 a.m. to 4:00 p.m., proposing the hours of 8:30 a.m. to 5:00 p.m. Mayor Legates declared the hearing open.
Mr. David Perman of 860 Wilson Drive was present to express his satisfaction of the extension of voter registration hours. He hoped that the Council would follow the lead of neighboring municipalities and of other states by adopting registration-by-mail.
Mr. Muir moved for adoption of the amendment, seconded by Mr. Weyandt. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code shall be amended by deleting Section 11-5 in its entirety and by inserting a new Section 11-5 to read as follows:
“Section 11-5. Dates and times for registration.
Registration Officials as appointed by the Mayor and Council of the City of Dover, shall sit for the purpose of ascertaining and registering the persons who are qualified to be voters of the City of Dover during all regular working days for employees of the City of Dover between the hours of 8:30 a.m. and 5:00 p.m., except on the last day of registration before the election on which date registration shall be concluded at 4:00 p.m. which said last registration date before annual election shall be the last working day in December. Registration shall take place in City Hall or at such place or places as the Mayor and Council shall designate.
ADOPTED MAY 8, 1978
REPAIR AND REPLACEMENT - FIRE SIRENS
Three fire sirens at various locations were reported out of service at the previous Council Meeting. Mr. Hodge stated that the siren located at Pine Street is back in service and the siren at Wyoming and Governors Avenue has been repaired.
Chief Baker submitted the following bids on three new sirens (#5A Federal vertical siren - 3 phase, 240 v, 7 ½ hp) for consideration:
State Fire Equipment $1,138.95 each
James B. Hunt Company 1,125.00 each
AVC, Inc. 1,125.00 each
After consulting the City electrician, it was his recommendation that the starter motors be omitted and purchased separately by the City of Dover.
Mr. McDonough referred to a letter from Mr. Elbert C. Golder, Director of the Department of Emergency Planning and Operations for Kent County. In his letter, Mr. Golder stated that the City of Dover has no emergency warning system. There is federal matching funds available for a dual purpose siren which would serve in two capacities, as a warning in times of danger and as a fire siren to alert firemen. The City of Dover’s share in the cost of three sirens would amount to approximately $5,700.
Mr. Hodge stated that the siren mentioned by Mr. Golder is a three tone siren which incorporates a signal for fire, impending disaster such as tornados and nuclear attack. Entering into an agreement to purchase the dual purpose sirens would involve the County’s prerogative to activate the signal in case of impending disaster or a nuclear attack. He mentioned the conflict of allowing the County Director to activate the sirens in the City of Dover, noting that Mr. Roe is the appointed Director for the City of Dover.
A general discussion followed on the necessity for the City to maintain an emergency warning system for natural disasters and nuclear attack.
Mr. Witt moved to authorize the Acting City Manager to purchase three new sirens from the James B. Hunt Company or AVC, Inc., not to include the three RC5A Motor Starters which will be purchased by the City of Dover Electric Department. The motion was seconded by Mr. Muir.
Mr. Hodge noted that one siren will be utilized for a location west of Dover and was informed by Council that the location of said siren will be selected by the Robbins Hose Company.
By a voice call vote of six (6) yes, one (1) no (Mr. Weyandt) with Mr. Carson absent, the motion to approve the purchase of the sirens was carried.
REVIEW OF ELECTRIC RATES - NON-RESIDENTS AND BUSINESS NOT IN THE CITY
Mr. McDonough alluded to the matter of a surcharge on electric customers who are non-residents and businesses not in the City. It was his opinion that this matter should be pursued, stating that it had been previously mentioned that it might be in conflict with the bond covenants or illegal.
Mr. McDonough moved for referral to the Utility Committee, seconded by Mr. Hardcastle and carried.
COUNCILMEN ELECTED BY DISTRICT
Mr. McDonough referred to a case now in Court which will test the Constitutionality of officials elected at large. It was his opinion that this matter should be investigated along with the possible realignment of the present City of Dover districts for the purpose of an equal division of the City’s population.
He moved that the aforementioned be referred to the Legislative and Finance Committee, seconded by Mr. Weyandt and carried by a vote of six (6) yes, one (1) no (Mr. Witt) with Mr. Carson absent.
KENT COUNTY AMERICAN CANCER SOCIETY - FINANCIAL REPORT
The Kent County American Cancer Society Financial Report, dated April 30, 1978, was unanimously approved by motion of Mr. Weyandt and seconded by Mr. Hardcastle.
CORRESPONDENCE
U.S. Postal Service - Mail Processing
Referring to a letter from the City Clerk which indicated disapproval of moving the mail processing service to the Wilmington area, Mr. Robert V. Hoobing, General Manager of Communications Division of the United States Postal Service, stated that the Wilmington general mail facility was specifically designed to be the major mail processing facility for the State of Delaware. He added that Dover will continue to process their own incoming City mail, providing the present level of City delivery.
Mr. Witt moved to acknowledge receipt of the letter, indicating Council’s disapproval of moving the mail processing to Wilmington with copies to be forwarded to the Congressional Delegation. The motion was seconded by Mr. Bewick and unanimously carried.
HAZ Corporation - Appeal on HUD Funds
A letter from Ms. Eleanor Hickman, Executive Secretary of the HAZ Corporation, appealed Council’s decision that their application for HUD Funds under the Small Cities Grant Program, was ineligible because of the date of submission.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Hardcastle.
Mr. McDonough asked if the application was late, referring to the invitation for written suggestions on the Agenda of the first public hearing.
Mayor Legates stated that there has been no financial data submitted and it is the prerogative of Council to refuse or accept applications.
The motion to acknowledge receipt was unanimously carried.
First Baptist Church - Tax Appeal - Walker Road Property
A letter was received from Mr. William P. Livingston, Chairman of the Board of Trustees of the First Baptist Church, appealing the assessment on Church property located at Walker Road. Mr. Livingston explained that the property was acquired for the purpose of constructing a new Church sometime in the future. The area is presently being utilized for outdoor services, picnics, youth activities and vacation Bible School recreation. The reason that an appeal was not made at the prescribed time stems from the Trustees thought that the City assessment was a means of placing a value on the property and not a statement of tax. He requested that City Council reverse the tax assessment on the property and place it on a tax exempt status.
Mr. Witt moved to authorize the Tax Assessor to notify Mr. Livingston of the next Tax Appeals date and to transmit any information concerning the ordinances which cover tax appeals. The motion was seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:55 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 8, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
May 15, 1978
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