REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 13, 2001 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Truitt, Mr. Speed and Mr. Ruane. Mr. Gorman, Mr. Carey, and Mr. Salters were absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mr. Petit de Mange, Ms. McDowell, and Mr. Rodriguez. Mrs. Mitchell was absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane requested the addition of item #6 - Executive Session for Personnel Matters. Mr. Pitts moved for approval of the agenda as amended, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 22, 2001
The Minutes of the Regular Council Meeting of October 22, 2001 were unanimously approved by motion of Mr. Speed, seconded by Mr. Pitts and bore the written approval of Mayor Hutchison.
PROPOSED RESOLUTION - HUD BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE
By motion of Mr. Speed, seconded by Mr. Truitt, the following Resolution was unanimously approved:
WHEREAS, the City of Dover has been awarded a United States Housing and Urban Development (HUD) Brownfield Economic Development Initiative (BEDI) Grant in the amount of $500,000 for the re-development of the land known as the Capital Scrap Yard; and
WHEREAS, a condition of the BEDI Grant is that the City of Dover must apply for HUD Section 108 Loan Guarantees in an amount of not less than $1,000,000 within Sixty (60) days of September 28, 2001.
NOW, THEREFORE, BE IT RESOLVED that the City Manager, Anthony J. DePrima is authorized to submit the application and amendments thereof, and all understandings and assurances contained therein, and to provide such additional information as may be required; and is authorized to execute such official documents as may be required in order to implement the applications and issue debt obligations after review and approval of final contracts by City Council.
ADOPTED: NOVEMBER 13, 2001
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 22, 2001 with Chairman Gorman presiding.
Presentation - Weed and Seed Program
Mr. DePrima, Interim City Manager, indicated that since the City of Dover received funding for a Weed and Seed Program, he thought it would be beneficial for those involved in the Program to give a presentation so that members have a better understanding of what the Program entails.
During the committee meeting, Ms. Carolyn Neyland of the Attorney General’s Office provided a brief history of the Weed and Seed Program. She stated that there are currently 287 nationally funded cities taking part in this program, all of which are equally funded in the amount of $175,000. The funds are used for law enforcement, community policing, prevention, intervention and treatment, and neighborhood restoration. The Dover Weed and Seed strategy recognizes the importance of linking and integrating federal, state, and local law enforcement and criminal justice efforts with federal, state, and local social services; the private sector; and community efforts to maximize the impact of programs and resources. The boundaries of the Weed and Seed Program have been broken down into grids and the geographical area to be serviced is bound by State Street to Saulsbury Road, and North Street to Mary Street. Ms. Neyland stated that the current boundaries are only a beginning and that it is their hope that this Program can be expanded to include other areas of the City.
Lt. Connell, Dover Police Department, indicated that extra duty foot patrols began approximately six (6) months ago, consisting of two (2) man foot patrols. The prerequisite for working the extra duty was to attend an informational class on the Weed and Seed Program and what is expected from law enforcement.
The committee took no action regarding this matter.
Mr. Ruane moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Pitts and unanimously carried.
Proposed Ordinance - Chapter 14, Offenses - Miscellaneous, Section 14-8 - Excessive Noise Prohibited
During the committee meeting of August 27, 2001, members considered a proposed ordinance amendment that would hold property owners and renters responsible for excessive noise generated on or from their property, as well as the noise maker. Having several questions regarding the ability to enforce such an amendment and defining the term “excessive noise”, members tabled action to allow staff the opportunity to obtain additional information from the Police Chief, Chamber of Commerce, and local businesses.
Mr. Gorman informed members that staff met with representatives of the Chamber of Commerce and the Board of Directors. A revised proposed ordinance amendment was provided to members that would require property owners and renters to be notified of violations and complaints regarding excessive noise generated on or from their property and require that they take appropriate actions to bring their property in compliance with the Code.
Mr. DePrima explained that there will be no one type of appropriate action and each individual case may have different recommendations. Because there will be several different cases and circumstances, appropriate action will be handled on a case per case basis. The Police Department will provide the Inspections Department a monthly report of noise complaints. The Inspections Department will then notify the property owners or tenants and recommend appropriate action. Mr. DePrima suggested that a six (6) month progress report be given to Council.
The committee recommended adoption of the proposed ordinance amendment.
Mr. Ruane moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Pitts and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Presentation - HUD Brownfield Economic Development Initiative - West Dover Business Center
Mr. DePrima, City Manager, informed members that the City of Dover, along with the West Dover Development Group (equitable owner of the Capital Scrap Yard site) was awarded a $500,000 Federal Housing and Urban Development Brownfield Grant. The site, which is in the center of the Weed and Seed Program has been an environmental hazard for several years. Due to contamination, up to six (6) feet of soil may have to be removed, sorted, and properly disposed of. The grant will assist in the cleanup of the former Capital Scrap Yard site. A companion to the grant gives the City authorization to apply for $1M in Section 108 loans to assist in financing the placement of a commercial building on the site. The filing deadline for this grant is November 28, 2001.
The $1M, Section 108, low interest loans from HUD would be made to the City who, in turn, would pass it on to the West Dover Development Group as construction money for the project and ultimately long term financing. The process of applying for the Section 108 loans will require a public hearing along with a Resolution adopted by Council.
It was noted that the Resolution was adopted by Council during the earlier part of the meeting.
The committee took no action regarding this matter.
Mr. Ruane moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Pitts and unanimously carried.
Mr. Gorman moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Ruane and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on October 24, 2001 with Chairman Pitts presiding.
Discussion - Alternative Recreation Center
Mr. Pitts requested that members relay their opinions and suggestions with regards to the need for a recreation center in the City and to offer suggestions for the building of a center that would accommodate current recreation programs as well as address future recreation programs. This information would be used by staff to determine the future for the parks and recreation programs for the City and to help in the implementation of any ideas.
Mr. Zachery Carter, Parks and Recreation Director, provided members a brief overview of the City’s current parks and recreation programs and the department’s functions. He noted that there are several community groups and activities that the Parks and Recreation Department support by providing assistance in staffing or otherwise such as the Greater Dover Arts Council, St. Jones Greenway Commission, Kent County Tourism, First Night Dover, Delaware Prevention Network, Caroling on The Green, Thunder in Dover, Weed and Seed Program, and the Dover Public Library.
The goals of the Parks and Recreation Department are to develop a city-wide park system, to provide technical assistance and information to community groups, P.T.A.’s, P.T.O.’s, and homeowners associations, and to provide comprehensive recreation for all ages, both active and passive.
Mr. Carter advised members that each year, there are over 90 recreation programs sponsored by the City which involve a variety of programs offered and opportunities for our residents. There are many leagues sponsored by the City for softball and field hockey whose memberships continue to grow each year. There are many events offered through a partnership with the Capital School District, including planetarium shows, science programs, after school programs, etc. A grave concern for the Parks and Recreation Department is the need for indoor space, in particular, gymnasium space. In the past, the City has had the opportunity to use the gymnasiums of the Capital School District. Unfortunately, due to the new school requirements with regards to state-wide testing and the possibility of additional summer school participants and the on-going construction at the schools, Mr. Carter explained that these facilities are no longer going to be available for the City’s use. Also, as the schools continue to offer additional after-school programs, their facilities become less available for the activities offered by the Parks and Recreation Department. He noted that in an attempt to alleviate this problem, he has contacted churches, unfortunately, they too are not available because of other programs and activities. The City will no longer be able to offer many of its programs and activities if an indoor facility is not located.
Mrs. Holly Malone, former member of City Council and Chair of the City’s Parks and Recreation Committee, indicated that her comments with regards to recreation have been made a part of the record. She stated that there has been no resolution to address the concerns she has relayed for the past eight (8) years. Mrs. Malone was appalled to learn of the City’s loss of the State legislative funds dedicated for a recreational facility and reminded members that many members of Council, staff, community leaders, and citizens worked very hard to acquire those funds. She stated that as time goes on, the need will only continue to become greater and the costs will only increase. The recreation needs study has been accomplished and the facts and figures remain. Feeling it is important for municipalities to provide recreational activities for their citizens, she urged members to keep the vision alive and to begin moving forward and offered to assist the City in this quest.
Mr. McGlumphy felt that there has been a critical need for an indoor recreational facility for many years. He reiterated the use of school facilities has been declining every year and that the additional activities held by the schools has placed more stress on the need for this type of space.
Mr. Truitt noted that the indoor recreational facility was based on needs as a result of an extensive study. Although it has been proven repeatedly that there is a need, he feels that the City is faced with the dilemma of acquiring the necessary funds.
Agreeing that an indoor facility is needed, Mr. Ruane felt that the City should move forward in consideration of a regional indoor facility. He stated that this need is one that is greater than that of one for the City and suggested that such a facility should be initiated by a regional entity. Considering that as indicated in their budget, Kent County has a substantial surplus, and that the County officials have indicated an openness to the concept of a regional recreation center, it was his feeling that a proposal should be initiated with Kent County. He also felt that additional financing should be considered such as service fees, donations, and membership fees.
Mr. Salters stated that it has been evident for many years that there is a need for an indoor recreational facility. It was his feeling that the City has resources to move forward and that although such a facility would be located at Schutte Park, it would not necessarily have to be the facility as previously proposed. He urged members to pay particular attention to the needs of the children and young adults, noting that many are not able or are not the type of individuals that are involved in organized school activities.
Mr. Ritter stated that the referendum clearly indicated that the citizens opposed the proposed recreational facility and does not feel that Council should move forward against their wishes. It was his feeling that there may not be a true need, explaining that schools provide use of gymnasiums as well as churches and that many activities can be played outside. He urged members to follow and listen to the citizens of Dover.
Concurring, Mr. Speed also felt that the citizens made it clear during the referendum that an indoor recreational facility is not desired. As was requested of him, he read the reports on the recreation needs study and Schutte Park plan and questioned if the study proved that there was a real need. He indicated that several statistics were included in the study; however, there was other statistical information that appeared to have been omitted and does not feel that the need had been proven.
Mr. Carey agreed that although the citizens were opposed as indicated by the referendum, it was his feeling that the opposition was to the spending of $12 million and not necessarily against a more affordable recreational facility. It was his belief that it has been proven there is a need and that it needs to be determined what would be feasible and affordable to all involved. Alluding to the suggestion made by Mr. Ruane, he also agreed to considering the possibility of involving Kent County in addition to an expansion of the library.
Mr. James Platt, member of the DRFC, explained that he was involved in the planning of the Schutte Park project. In addition to the studies indicating there is a need, he has observed children constantly being turned away from programs and activities because of space limitations. He suggested that members attend some of the league activities at the schools to observe first-hand that there is a need. Referring to comments made by Mr. Ritter, Mr. Platt stated that the after-school programs offered by the schools are for athletes, the children that play in sports offered by the City are not athletes, they simply want to play for fun.
In regards to the referendum vote, Mr. Gorman noted that approximately 1% or less of the population voted. In accordance with the Recreation Needs Phase I Report, the need for a indoor recreational facility was unequivocally proven. In reference to comments previously made by Mr. Ruane, Mr. Gorman stated that Mr. Don Blakey, Kent County Levy Court Commissioner, had approached
City Council earlier this year and suggested that the City and County work together in finding programs that will assist each in compatibility with one another. He agreed that the City should approach Kent County with this problem and, as the largest City in the County, that they be requested to initiate a regional recreational facility in the City of Dover.
Mr. Leary, former member of City Council, indicated that he was proud to be a part of the indoor recreational facility efforts. One of the main points he has learned over the years, is that some things just do not go away and if you ask why, it is because the problem still exists. Since the problem has not gone away, he suggested that members re-consider the concept of an indoor recreational facility to help eliminate this problem.
Mr. Davis stated that although the referendum was voted down, the City should not put the idea of an indoor recreational facility behind us. The children have indicated that the need is still evident. Referring to the briefing provided by Mr. Carter, it was his feeling that the comments only prove that something must be done. The longer the City waits to move forward, the more expensive it will be to build an indoor facility. Although the referendum for the new fire station also failed, the Fire Department sought other means of acquiring the funds necessary to build the station and to his knowledge, no one regrets that the station was built. It was his feeling that citizens will feel the same about a recreational facility. The facility will help get the children off the streets and help them to become good citizens and taxpayers. It was his hope that the City will find ways to build an indoor recreation center and reminded Council that where there is a will, there is a way.
Ms. Beverly Banks of the Capital School District stated that she was interested in what would be discussed this evening to see if there was a possibility of other facilities being made available for after school activities. She advised members that during the referendum, she spoke with many residents who indicated the main reasons for their objections to the proposed Schutte Park project were: 1) lack of transportation to and from the park; and 2) the proposed costs or fees for use of the facility. She also stated that several citizens suggested the possibility of making improvements to the current facility at the recreation center on White Oak Road. This would provide an additional, more affordable facility to allow children to participate in activities that they would otherwise not be able to afford. Ms. Banks confirmed that there is a battle for space at the schools due to the renovations.
Mr. Pitts thanked members for participating in this informational session. No further action was taken by members of the committee.
Mr. Pitts moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Ruane and unanimously carried.
Safety Concerns - City Parks
Mr. Ritter submitted a report regarding concerns of safety and illegal activities occurring at the Silver Lake and White Oak Parks and offered possible solutions for consideration. It was his feeling that the presence of police officers would deter much of the illegal activity and suggested the possibility of establishing police substations at Dover Park and that White Oak Park and Silver Lake be patrolled around the clock. He felt that the police officers currently issuing tickets to speeders on Dover’s highways, should be more available for public safety.
Since this issue also involves safety issues, Mr. Pitts suggested that he, along with the Chairman of the Safety Advisory Committee, Mr. Truitt, meet with Mayor Hutchison and Police Chief Horvath for a resolution.
Mr. Ritter also alluded to a project initiated by Kent County known as “Piccadilly Castle” and suggested the possibility of the City initiating such a project at Silver Lake to help revitalize the park. This project would be a community effort that will bring people together, which will help alleviate illegal, oppressive activities.
There was no further action taken by members of the committee.
Mr. Pitts moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Ruane and unanimously carried.
Update - Silver Lake Commission
Mr. DePrima advised members that the Silver Lake Commission met last night and endorsed the idea of having boat concessions at Silver Lake and recommended that this matter be referred to the Parks and Recreation Committee for further study. If Council concurs, he stated that staff would develop guidelines regarding the location of the concession at the park, a fee schedule, solicitation for vendors, etc. to be presented back to the Parks and Recreation Committee for further review and recommendation to Council.
Mr. DePrima advised members that the water at Silver Lake has been lowered, which provides the opportunity to perform shoreline cleanup. As a result of the lowering, several residents and Silver Lake Commission members noticed that there was a lot less litter around the lake, which he feels indicates that there is more respect of the lake by our residents and that they are not dumping into the lake as has been done in the past.
The committee recommended endorsement of the concept of providing boat concessions at Silver Lake for further study as recommended by the Silver Lake Commission.
Mr. Pitts moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Ruane and unanimously carried.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Truitt and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Speed moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Ruane and unanimously carried. Council President McGlumphy reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of November 26, 2001.
Mr. Speed moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Ruane and unanimously carried:
Chapter 14, Offenses - Miscellaneous, Section 14-8 - Excessive Noise Prohibited
Mr. Speed moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Truitt and unanimously carried.
Meeting recessed into executive session at 7:42 p.m. and reconvened at 8:06 p.m.
During the executive session, members of Council considered a request to extend benefits for 45 days, beginning November 8, 2001, to Pfc. Carnell who was involved in an auto accident while on duty on April 28, 1998. The extension is being requested for benefits that make up the difference between Workman’s Compensation and Pfc. Carnell’s full salary.
Mr. Pitts moved to deny the request of Pfc. Carnell for an extension of benefits, seconded by Mr. Ruane and unanimously carried.
Mr. Speed moved for adjournment, seconded by Mr. Ruane and unanimously carried.
Meeting Adjourned at 8:10 P.M.
TRACI A. MCDOWELL
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 13, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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