Regular City Council Meeting
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Jun 14, 1976 at 12:00 AM

REGULAR MEETING

June 14, 1976

The Regular Meeting of Council was held on June 14, 1976, at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt, Harris and Bewick.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

100,000TH SENIOR SURREY PASSENGER

Mayor Legates presented an inscribed plaque to Mrs. Orva Uhrie, commemorating the One-Hundred Thousandth passenger to ride on the Dover Senior Surrey. As a matter of coincidence, Mayor Legates mentioned that Mrs. Uhrie also named this service at its inception.

MINUTES

The minutes of the Regular Council Meeting of May 24, 1976, were accepted and bore the written approval of Mayor Legates.

REPORT - PARKS, PLAYGROUNDS AND TREES COMMITTEE

The Parks, Playgrounds and Trees Committee met on June 7, 1976 with Chairman Hardcastle presiding.

City of Dover Security Guard Force

An outlined proposal submitted by Chief Spence to form a City of Dover Security Guard Force was considered by the Committee. The force would be supervised by the Police Department and police City facilities replacing private guard forces now engaged to police McKee Run Power Plant.

It was the Committee’s recommendation that the plan be approved as submitted. On motion by Mr. Muir, seconded by Mr. Weyandt, Council approved the recommendation.

Park Hours - Silver Lake and Municipal Park Area

An appropriate opening and closing time for the City of Dover Municipal Park and Silver Lake Recreation Area was studied by the Committee.

It was their recommendation that Silver Lake remain as posted, sunrise to sunset. A time will be set for the Municipal Park after studying the effects of the City security force and recreational programs dictate an appropriate time span.

On motion by Mr. Hardcastle, seconded by Mr. Weyandt, Council approved the recommendation.

Mr. Guy Isenburg - Tree Roots

The Committee considered a complaint by Mr. Guy Isenburg of 90 Orchard Avenue, which pertained to tree roots from a City owned tree infiltrating his sewer lateral.

The City Solicitor, in a written opinion, stated that it is the responsibility of the property owner to maintain the lateral from his residence to a point of connection with the City main. The tree roots could be cut and other protective measures used, but the tree could not be removed or intentionally injured. The Committee concurred with the City Solicitor’s opinion.

Mr. Hardcastle moved that Council approve the recommendation of the City Solicitor, seconded by Mr. Weyandt.

Mr. Perman questioned if the City was not liable since the problem stems from a City owned tree.

On a voice call vote, Council concurred with the Solicitor’s opinion, with Mr. Perman voting no.

Concessionaire Rights - Silver Lake

A single bud of $75.00 was received from Mr. Richard Holland for concessionaire rights at Silver Lake Recreation Area.

The Committee recommended that the bid be accepted and the City Manager given authority to process an agreement with Mr. Holland.

On motion by Mr. Hardcastle, seconded by Mr. Witt, Council approved the recommendation.

Boat Permits - Dover Air Force Base

The purchase of ten boats and seven canoes by Dover Air Force Base was reported to the Committee by Chief Spence. Special Services at the base will assign the boats for use of base personnel at a nominal fee. The question of how to handle permits for those boats using Silver Lake was considered by the Committee.

Noting the excellent working relationship between the City and Dover Air Force Base, the Committee recommended that permits for these boats be issued at no charge and the number of such permits be left to the discretion of Chief Spence.

Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt and carried.

Mr. Witt moved that the Parks, Playgrounds and Trees Committee investigate the possibility of eliminating all licensing fees for use of boats on Silver Lake. The motion was seconded by Mr. McDonough.

On a roll call vote of five (5) no, three (3) yes, Mr. McDonough, Mr. Weyandt and Mr. Witt, the motion failed.

On motion by Mr. Muir, seconded by Mr. Weyandt, Council accepted the report as submitted.

REPORT - SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee met on June 7, 1976 with Chairman Hardcastle presiding.

The Committee considered a letter from Mrs. Dianne Bruce of 330 Nimitz Road expressing concern for the safety of children using Williams Park.

Recommendations to paint a crosswalk from the corner of MacArthur Drive to Nimitz Road and installation of park entrance signs were submitted for Council consideration.

Mr. Hardcastle moved for the recommendations of the Committee, seconded by Mr. Weyandt.

Mr. Perman moved to amend the motion to read that a yellow parking restriction of 15 feet be painted on each side a crosswalk and install park entrance signs.

On motion by Mr. Hardcastle, seconded by Mr. Weyandt, Council accepted the Safety Advisory Report as submitted.

REPORT - COMMITTEE OF THE WHOLE

The Committee of the Whole met on June 9, 1976 with Mr. Harris presiding.

Revitalization of Downtown Area

Mr. Bernard Ettenger, President of the Downtown Merchants and Mr. Fred Turner, Consultant, were present to present a detailed plan for the revitalization of the downtown area.

Chairman Harris reported that the plan indicated that it would be necessary for the City Manager to investigate available funding for certain segments of the plan. In addition, it was suggested that the City hire students, or other personnel, to conduct a study of the utilization of present downtown parking areas. No other action would be necessary at this time except the possibility of Council accepting or stating approval of the revitalization plan.

City Manager - Investigate Available Funds

Mr. Harris moved that the City Manager James proceed to investigate the involvement of time, personnel and cost to conduct a study of the utilization of existing downtown parking areas. The motion was seconded by Mr. Hardcastle and carried.

Under discussion of the motion it was suggested that personnel from the County Employment Program be investigated for use in the study.

It was also suggested that the merchants of the business area be approached on sharing a portion of the cost and Mr. Turner’s professional knowledge be used where possible.

Mr. James was requested to prepare a map indicating existing signs that direct the location of parking areas.

Study - Utilization of Existing Downtown Parking

Mr. Harris moved that City Manager James proceed to investigate the involvement of time, personnel and cost to conduct a study of the utilization of existing downtown parking areas. The motion was seconded by Mr. Hardcastle and carried.

Under discussion of the motion it was suggested that personnel from the County Employment Program be investigated for use in the study.

It was also suggested that the merchants of the business area be approached on sharing a portion of the cost and Mr. Turner’s professional knowledge be used where possible.

Mr. James was requested to prepare a map indicating existing signs that direct the location of parking areas.

Revenue Sharing Allocations

In considering the allocations of Revenue Sharing Funds, the Committee recommended that $350,000 be applied to the General Fund, under allowable categories. In addition, $44,500 for Social Services and $7,500 for Recreation would be placed in a Revenue Sharing Trust Fund.

Mr. Harris moved for the recommendation of the Committee, seconded by Mr. Weyandt and carried.

Mr. Harris moved that the amounts to be placed in a Revenue Sharing Trust Fund, ($44,500 Social Services and $7,500 Recreation) be considered by the Legislative and Finance Committee and their recommendation be presented on or before the first meeting in July. The motion was seconded by Mr. Witt.

It was noted that all applicants for Revenue Sharing Funds would be notified of the meeting.

On a call for the question, the motion was carried with Mr. McDonough voting no.

On motion by Mr. Bewick, seconded by Mr. Muir, Council accepted the Committee of the Whole Report.

SALARY SCALE AND NUMBER OF PERSONNEL - DOVER POLICE DEPARTMENT

Chief Spence advised that although salaries and personnel are set at the organizational meeting, any changes during the year must come before Council for approval.

By a request of Mr. Perman, the City Clerk read into the record a letter from Chief Spence which outlined the following reasons for his request of additional personnel and a revised pay scale.

An increase from 49 to 55 department employees would incorporate a four man motorcycle detail for traffic detail to more effectively patrol U.S. #13. State funding has been requested. If no funds are available, the aforementioned will not be instituted. The remaining two additional personnel will be used for assignment flexibility within the department and relieve a condition stemming from existing personnel engaged in Court procedures and investigations that are time consuming.

The revised pay scale, Chief Spence explained, is an attempt to reflect a fair and equitable span of salaries in terms of rank and/or longevity. It also widens the differential of higher rank officers who do not earn overtime.

Mr. Witt moved that Council approve adoption of the new salary scale as presented and the number of personnel at 55 with conditions as indicated in Chief Spence’s letter. The motion was seconded by Mr. Muir.

Mr. Perman questioned the salary increase at a Captains classification in the revised pay scale in proportion to the increases shown for other classifications.

It was explained that each classification was scaled according to guidelines set down by the International City Managers Association. These guidelines reflect other cities proportionately the size of Dover and project a high, low and medial figure. The indicated medial pay scale was used for the City of Dover Police Department.

On a call for the question by Mr. Bewick, Council by unanimous roll call vote, adopted the number of personnel and revised pay scale as presented.

REVISED 69KV ELECTRIC BILLING RATE

Mr. James advised Council that a new 69 KV billing rate schedule has been completed and submitted by Middle West, consultants for the bond holders, at his request.

The City of Dover is presently using the same rate that was charged before commercial operation of Unit #3 at McKee Run and is based on a rate charged the City when it was necessary to purchase power from Delmarva Power and Light Company. Since the City does not purchase power specifically for the three 69 KV users involved, this is a necessary step to establish a rate relative to the efficiency of McKee Run.

Mr. James requested that Council adopt the transmission voltage service classification for 69,000 volt service, as submitted by the consultants to become effective July 1, 1976.

On motion by Mr. Perman, seconded by Mr. Witt, Council by a unanimous roll call vote, approved the rate as submitted.

ELECTRIC BILLING FUEL CLAUSE ADJUSTMENT

Mr. James advised by the City Manager that it was necessary to change the electric fuel clause since the former fuel clause did not consider the purchase or selling of power to the PJM Pool. As in the case of the 69 KV rate schedule, the former fuel clause was established before commercial operation of Unit #3 at McKee Run. The formula to calculate the monthly fuel clause has been approved by Middle West Service Company.

The City Manager requested that the fuel clause be adopted, effective immediately.

On motion by Mr. Witt, seconded by Mr. Hardcastle, Council, by a unanimous roll call vote, adopted the fuel clause as submitted.

PUBLIC HEARING - ELECTRIC FUND BUDGET

A public hearing was duly advertised for this time and place to adopt the City of Dover Electric Budget for fiscal year 1976-77. Mayor Legates declared the hearing open. There was no one present to speak for or against the adoption of the budget.

Mr. James explained that purchased power expenditures and receipts received from power sold to the PJM Pool would be shown under the proper categories in monthly reports to Council.

On a quarterly basis, Council will receive a report showing purchase power and receipts as requested by the bond consultants, but also in the aforementioned method. Mayor Legates declared the hearing closed.

On motion by Mr. Bewick, seconded by Mr. Harris Council adopted the Electric Fund Budget for fiscal year 1976-77.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The amount hereinafter named aggregating Sixteen Million, Nine Hundred Thirty One Thousand, Two Hundred Thirty Nine Dollars ($16,931,239) or so much thereof as may be necessary, are hereby appropriated from current revenues of the Electric Department, estimated from current revenues for Seventeen Million Fifteen Thousand Six Hundred Dollars ($17,015,600) for the use of the several divisions of the Electric Department and for the purpose hereinafter mentioned for the fiscal year beginning July 1, 1976 and ending June 30, 1977, as follows:

RECEIPTS

     Electric Sales

     Electric Meter Deposits

     Miscellaneous Revenue

            Total Receipts

APPROPRIATIONS FOR CURRENT EXPENSES

     Production

            Labor

            Materials & Supplies

            Water

            Fuel

            Interconnection Expense

            Purchase Power

            Training

 

            Subtotal

     Transmission

            Labor

            Materials & Supplies

            Training

            Subtotal

$16,905,600

50,000

                  60,000

         $17,015,600

670,000

445,000

125,000

10,000,000

60,000

(1,860,000)

                  10,000

             9,450,000

50,000

125,000

                    5,000

                180,000

     Distribution

            Labor

            Materials & Supplies

            Training

            Subtotal

     Meter and Relay

            Labor - Technical

                       - Readers

            Materials & Supplies

            Training

            Subtotal

     Electric Plant - General

            Labor - Other

            Material & Supplies (Safety)

            Subtotal

     Administration

            Salaries

            Materials & Supplies and Property Insurance

            Social Security and Health Insurance

            Electric Meter Deposit Refunds

            State Utility Tax

            Emergency Expense

            Training

            Subtotal

            Total Operating Expense

            OPERATING INCOME

DEBT SERVICE AND OTHER APPROPRIATIONS

     Principal - 1965 Bonds

     Interest - 1965 Bonds

     Principal - 1973 Rev. Bonds

     Interest - 1973 Rev. Bonds

     Principal - 1973 Rev. Ref. Bonds

     Interest - 1973 Rev. Ref. Bonds

     Special Reserve - All Bonds

     Short Term Loan Service

     Electric Improvement Fund

     General Fund

125,000

190,000

                    5,000

                320,000

75,000

53,000

100,000

                    2,000

                230,000

10,000

                  25,000

                  35,000

250,000

350,000

125,000

50,000

600,000

25,000

                  10,000

             1,410,000

           11,625,000

             5,390,000

406,240

192,230

137,080

512,130

62,080

724,620

327,209

1,055,800

1,388,850

                500,000

     Total Debt Service and Other Appropriations

TOTAL EXPENSES

Transfer Per Resolution

             5,306,239

           16,931,239

                  84,361

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 the amounts herein appropriated for interest, principal and debt reserve on 1965, 1970 and 1973 Revenue Bonds and for the Electric Improvement Bond, may not be decreased.

ADOPTED JUNE 14, 1976

PUBLIC HEARING - GENERAL FUND BUDGET

A public hearing was duly advertised for this time and place to adopt the General Fund Budget for fiscal year 1976-77. Mayor Legates declared the hearing open.

Dr. Edward Powell, Superintendent of the Capitol School District, was present to address Council. Dr. Powell stated objections to the method in which the General Fund Budget was finalized. He expressed dissatisfaction that applicants for Revenue Sharing Funds did not have an opportunity to make a presentation prior to the City allocating those funds to the General Fund.

Mr. Edward Bennett of the Bennett Security Agency, addressed Council concerning the possible termination of his services as a private security force for McKee Run Power Plant. Mr. Bennett related to the proposed City of Dover Security Force that would replace six of his employees engaged in protective service for City facilities.

Chief Spence explained that in planning a City security force for various areas plagued with vandalism, it was felt that this force, with proper training, could also secure the McKee Run Plant. He in no way plans to compete with any private agency.

Mr. James interceded in behalf of the City, explaining that the guard force for McKee Run was authorized by the bonding company during the time of construction only. After that period, there is no authorization in the construction monies or bond fund for the payment of that force, unless they are City employees. This time has already been over extended. In addition, federal monies are available if the force comprises of City employees, but not if they are employees of a private agency.

Mr. Perman asked Chief Spence to explain the increase of $29,100 under vehicles and equipment in the 1975-76 budget and an increase of $33, 000 in the 1976-77 budget.

A discussion followed in which it was pointed out that the cost of general maintenance had almost doubled in the past one and one-half years, coupled with the increased cost of gasoline and vehicle purchase price.

Mr. Witt moved for the adoption of the General Fund Budget, seconded by Mr. Hardcastle.

On a roll call vote of seven (7) yes, one (1) no, Mr. Perman, Council adopted the General Fund Budget for the fiscal year 1976-77.

On motion by Mr. Weyandt, seconded by Mr. Muir, Council adopted the Capitol Improvement Fund Budget for fiscal year 1976-77 by a unanimous roll call vote.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The amounts hereinafter named, aggregating Five Million One Hundred Seventy Thousand Dollars ($5,170,000) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use of the several departments of the Municipal Government for the fiscal year beginning July 1, 1976 and ending June 30, 1977.

CITY CLERK’S AND TREASURER’S OFFICE

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

Total

CITY MANAGER’S OFFICE

     Administration

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Ambulance

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

$ 26,010

5,700

4,700

- -

- -

                             

36,410

44,750

3,680

49,900

700

- -

                              99,030

103,000

1,250

400

2,800

- -

                              107,450

     Senior Surrey

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Engineering Office

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

FINANCE DEPARTMENT

     Computer Center

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Finance Office

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

FIRE DEPARTMENT

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

62,600

2,120

1,220

11,800

- -

                              77,740

64,800

900

550

1,100

- -

                              67,350

28,070

6,400

300

14,100

- -

                              48,870

78,110

2,800

25,750

1,500

- -

                              108,160

40,760

6,650

11,800

18,450

- -

                              77,660

FIRE MARSHAL’S OFFICE

     Office of the Fire Marshal

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Emergency Operations

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

INSPECTION DEPARTMENT

     Health Inspection

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Public Inspection

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

OFFICE OF MAYOR AND COUNCIL

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

16,530

800

2,650

600

- -

                             

20,580

700

300

- -

- -

- -

                             

1,000

9,130

1,000

300

500

- -

                             

10,930

52,360

4,500

10,400

2,000

- -

                             

69,260

2,290

600

10,300

- -

- -

                              13,190

PARKS AND RECREATION DEPARTMENT

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

PLANNING COMMISSION

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

POLICE DEPARTMENT

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

PUBLIC WORKS DEPARTMENT

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Building & Grounds 

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

78,220

9,520

22,860

150

- -

                              110,750

8,900

1,000

3,500

- -

- -

                              13,400

1,097,790

55,500

31,100

141,800

7,000

                              1,333,190

50,090

1,950

1,200

3,000

- -

                              56,240

133,370

9,250

30,800

10,400

- -

                             

183,820

     Maintenance Shop

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Street Department

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

     Trash Department

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

STORES DEPARTMENT

            Personnel Services

            Materials, Supplies and Maintenance

            Administrative & Other Expenses

            Vehicles & Equipment

            Construction & Other Capital Expenditures

Total

TAX ASSESSOR’S OFFICE

            Personne