REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 26, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. Edgell, Chief Carey, Mrs. Green and Deputy City Solicitor Pepper.
OPEN FORUM
The Open Forum was held at 7:25 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
No one was present wishing to speak during the Open Forum Segment.
The invocation was given by Pastor Robert D. Appling, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 12, 1999
The Minutes of the Regular Council Meeting of April 12, 1999 were unanimously approved by motion of Mr. Carey, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
PRESENTATION BY DOVER DOWNS - DONATION TO DOVER RECREATIONAL FACILITIES COMMITTEE (DRFC) FOR THE REGIONAL COMMUNITY SPORTS AND RECREATION CENTER
Mr. Denis McGlynn, President of Dover Downs Entertainment, Inc., presented a financial donation for the Regional Community Sports and Recreation Center. Mayor Hutchison, Mrs. Malone, General Vetter, Mr. Fisher, and Mr. Carter were present to accept the donation on behalf of the DRFC. Mr. McGlynn read the following letter into the record:
“Councilwoman Holly Malone
Chairperson, Parks and Recreation Committee
City Hall
15 E. Loockerman Street
Dover, DE 19901
Dear Councilwoman Malone:
At its most recent meeting our board committee reviewed your request for funding for the Central Delaware Sports and Recreation Facility. They have approved a contribution totaling $150,000 to be distributed $50,000 a year for a three year period.
Dover Downs wishes to commend you on your tireless efforts to improve the quality of life for Dover residents. You and the other members of City Council have been very diligent in your pursuit of this goal and it is gratifying to see your plans moving forward. We support your efforts and appreciate your giving us the opportunity to participate.
Sincerely,
Denis McGlynn
President”
Mr. McGlynn stated that, as a City of Dover resident for more than 30 years, he has observed many changes in the community. As a resident and member of the business community, he relayed appreciation to the Mayor and Council for their efforts to improve the quality of life for the residents.
On behalf of the Mayor, Council, and members of the DRFC, Mrs. Malone relayed appreciation to Mr. McGlynn and Dover Downs’ Board Committee for their support in this endeavor. She emphasized the importance of the business community’s support in making this project a reality.
Mayor Hutchison echoed his appreciation to Dover Downs for their leadership and participation in enhancing the quality of life for area residents.
General Vetter, representing the DRFC, indicated the importance of receiving support from Dover Downs for this project. He felt that history has proven that unless a project has merit, it does not receive the support of Dover Downs. The receipt of a contribution and support from Dover Downs confirms that this is a very worthwhile project.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives and this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 1998 for the tenth consecutive year by the National Arbor Day Foundation, recognizing Dover for its outstanding urban forestry program; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community and the community's tree planting program is a living memorial to the citizens' concerns for the quality of life; and
WHEREAS, planting and caring for trees is a very special gift that one generation gives to the next.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 29, 1999 as ARBOR DAY in the City of Dover, and urge all citizens to support the efforts to plant and care for our public trees along our streets and in our parks.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
Mayor Hutchison, along with Mrs. Malone and Mr. O’Connor, presented the Proclamation to Mr. Don Knox, Emergency Preparedness/Grounds Director. Mr. Knox thanked members of Council for recognizing the efforts and accomplishments of the Grounds Department in beautifying the City. He advised members that on April 29th there will be a planting ceremony at the Silver Lake Bridge on State Street and invited members to participate.
Mrs. Malone, Chairwoman of the Parks and Recreation Committee, noted the many compliments received during the entire year for the outstanding work of staff in keeping our City beautiful year round.
Mr. O’Connor advised members that the Tree City USA award is one of many received by the City and is the result of exceptional employees.
Mr. Salters advised members of a letter he received from a resident of South Carolina requesting information on our ability to keep our City so beautiful. He noted that the City’s beauty is not only recognized throughout the State, it is also recognized nationwide.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 12, 1999 with Chairman Salters presiding.
Proposed Ordinance Amendment - Impact Protection for Natural Gas and LP Gas Devices (Chapter 7 - Fire Prevention and Protection, Article 1 - In General, Section 7-5)
During recent years, there have been two (2) serious fires caused by automobiles running into gas meters. The City Planner, Mr. DePrima, submitted a proposed amendment to Chapter 7, Fire Prevention and Protection, of the Dover Code that will require impact protection around natural gas and LP gas meters, regulators, and valves so they are not subject to damage by motor vehicles and other mobile equipment. The impact protection can take the form of bollards, walls, concrete barriers, or other devices subject to the approval of the Fire Marshal. There will be a one-year compliance requirement for high occupancy buildings, and an exception for single-family homes and townhouses where gas meters are not located in front of driveways. The Fire Marshal will also have the authority to exempt other structures if it is determined that they are in an area that is safe from impact. The Fire Safety Standards Committee has reviewed the proposed ordinance amendment and recommended approval.
In response to Mrs. Malone during the committee meeting, Mr. DePrima stated that there probably are manufactured housing communities within the City that utilize natural gas and they would be treated as single-family homes. Mrs. Malone requested that manufactured homes be specified under the exceptions.
Mr. Carey advised members that the Fire Department requested meter protection after the first building fire at Woodmill Apartments, however, the developer refused to install meter protection.
The committee recommended approval of the proposed amendment to Section 7-5 of the Dover Code, adding duplexes and manufactured housing to Paragraph (e), Exceptions.
Mrs. Malone moved for approval of the committee’s recommendation under consent agenda, seconded by Mr. Leary and unanimously carried (Mr. Carey abstaining). (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance Amendments - Chapter 19 - Streets, Sidewalks, and Public Places, Section 19-6 - Duty of Tenants or Owners to Keep Sidewalks Clear and Chapter 16 - Peddlers, Section 16-1 - Definitions
The committee considered proposed amendments to the Dover Code, Chapter 19 - Streets, Sidewalks, and Public Places, Section 19-6 - Duty of Tenants or Owners to Keep Sidewalks Clear and Chapter 16 - Peddlers, Section 16-1 - Definitions, that would clarify that a merchant or peddler cannot offer for sale, display, or advertise goods or services on sidewalks or in public areas. Mr. DePrima, City Planner, stated that although the Dover Code implies that this type of activity is not permitted, he, along with the City Solicitor and City Police Officers recommended approval of the proposed amendments to specifically prohibit this type of activity.
Mr. DePrima explained that the proposed amendment to Section 19-6 of the Dover Code would specifically indicate that merchants may not use the sidewalk for the sale, display, or advertising of their goods and services without the special permission of the City Manager. Traditionally, the City Manager only permits this type of activity during officially sponsored sidewalk sale days and during parades and festivals. The proposed amendment to Section 16-1 of the Dover Code, adds to the definition of peddling anyone selling, displaying, or advertising goods or services in a fixed location in public places. Currently, the Code defines peddling as going from place to place. The proposed amendment will prohibit this type of activity downtown and in other commercial zones since other sections of the Dover Code prohibit peddling in commercial zones.
The committee recommended adoption of the proposed ordinance amendments to Section 19-6 and Section 16-1 of the Dover Code, as recommended by staff.
Mrs. Malone moved for approval of the committee’s recommendation under consent agenda, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Community Development Block Grant - FY 99 Recommended Spending and Programs
Committee members were provided with a summary of the FY 1999 Community Development Block Grant (CDBG) Request, as follows:
Staff
Request Recommendation
Dover Housing Authority - Senior Housing $125,000 $100,000
Dover Police - Community Policing $ 29,000 $ 28,000
NCALL - Home Ownership Counseling $ 10,500 $ 10,400
People’s Place I - Transitional House Rehab. $ 39,400 $ 30,000
House of Pride, Inc. - Outreach Worker $ 14,500 $ -0- *
House of Pride, Inc. - Transitional House Rehab. $ 70,462 $ -0- **
City of Dover - Community Development
Housing Rehab for Home Ownership $ 75,000 $ 70,000
TOTAL $363,862 $238,400
* Does not qualify
**Time schedule prior to program year
In addition to the sub-recipient’s requests, the Community Development Office is requesting $70,000 to launch a new housing rehabilitation program. This new program will be a pilot program geared towards the purchase of a vacant, substandard residential property, rehabilitating it, and then selling it to a low or moderate income family that is participating in the “Dover First Start” Home Ownership Program. Proceeds from the sale of the property would be put in a pool used to purchase other properties.
The total allotment this year is $298,000, of which $59,600 is needed for administration, providing $238,400 available for programs. Mr. DePrima advised members that, according to federal requirements, only 20% of the grant money can be utilized for administration.
The committee recommended approval of the FY 1999 CDBG Request and Proposed Resolution, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation. The motion was seconded by Mr. Weller and, by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the City of Dover is entitled to $298,000 through the United States Department of Housing and Urban Development’s Community Development Block Grant program; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for community development purposes in accordance with the National Community Development objectives of benefitting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover to submit a Consolidated Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $298,000 entitlement; and
WHEREAS, the City of Dover has prepared the attached Application for Federal Assistance, and presented it at an advertised public hearing held on April 22, 1999.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER approve the application for Federal Assistance included in the Consolidated Plan, along with certifications and attached policies, and authorize its forwarding to the United States Department of Urban Development for consideration.
ADOPTED: April 26, 1999
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 12, 1999 with Chairman Lambert presiding.
Lowe’s Power Line Relocation/City of Dover Electric Improvements
A new Lowe’s store is planned to be built on DuPont Highway with a scheduled opening date in August. They have requested the City to relocate power lines and have agreed to pay for the work involved. Additionally, the Electric Department has determined that it would be beneficial to eliminate all high voltage lines crossing over Route 13 from the Sheraton Inn to the Dover Mall.
The cost of the materials for the entire project is estimated at $261,695. The materials for the project will be ordered by City staff under current bids approved by City Council. Mr. O’Connor advised members that discussions with Lowe’s regarding the payment for these costs are continuing.
Since this project was recently requested, funding has not been placed in the revised budget and there are not enough unspent balances in the other electric accounts to make account-to-account transfers. Therefore, it is necessary to transfer the funds from the Beginning Balance Account, which has sufficient funds to support the transfer, to the Distribution Upgrade Account in the Engineering Division.
Staff recommended approval of the transfer of $261,695 from the Beginning Balance Account to the Distribution Upgrade Account in the Electric Improvement and Extension Fund.
During the committee meeting, Mrs. Malone expressed concern with the uncertainty of Lowe’s responsibility for costs and with transferring the entire amount when reimbursement is expected from Lowe’s. Mr. O’Connor stated that Lowe’s is aware of the total amount and has committed to an amount in excess of $60,000. He stated that they are not required to reimburse any amount and would be able to operate with the existing lines.
The committee recommended approval of the transfer of $261,695 from the Beginning Balance Account to the Distribution Upgrade Account, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Weller and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
ELECTION RESULTS - 1999 MUNICIPAL ELECTION
The City Clerk reported that according to Title 15 Del. C. §7502, when there is only one official candidate for each office, the official candidate may assume office without the holding of a formal election. Therefore, since only incumbents filed for the open positions on City Council for 1999, there was no need to hold an election this year.
The following incumbents will be sworn into office for an additional two (2) year term:
City Council
At-Large - Carleton E. Carey, Sr.
First District - Holly L. Malone
Second District-Charles A. Weller
Third District - Robin R. Christiansen
Fourth District - Reuben Salters
Mr. Salters moved for acceptance of the 1999 Municipal Election Results as reported, seconded by Mr. Truitt and carried by a unanimous roll call vote.
MONTHLY REPORTS - MARCH 1999
Mr. Salters moved for acceptance of the following monthly reports for March 1999 under consent agenda, seconded by Mrs. Malone and unanimously carried:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Mr. Leary requested an update on the status of the Hanson House located on Water Street, which was the previous location for the Delaware League of Local Governments. Mr. O’Connor advised members that there are two (2) groups currently working on the project, Preservation Delaware and Delaware League of Cities. Preservation Delaware has been diligently searching for funding for this project. The Delaware League of Cities has submitted requests for grant opportunities for restoration/remodeling of the existing facility. Mr. O’Connor stated that the estimate to restore the building to its historical condition ranges from $225,000 to $250,000. Although it would cost considerably less to remodel the building, that estimate exceeds $100,000. He assured members that the City will continue to work with groups for restoration of the building.
Responding to Mr. Leary, Mr. O’Connor stated that completion of the project is based on receipt of funding. He confirmed that the City would obtain information regarding any available funding by December 1999. The City would then be required to review all options including restoration, remodeling, and demolition.
Mr. Leary moved for acceptance of the City Manager’s Report for March 1999. The motion was seconded by Mr. Weller and unanimously carried.
CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
In accordance with Section 7-18 of the City Code, the City Manager performed the semi-annual inspection of the Robbins Hose Company. Mr. O’Connor met with the Fire Chief and noted the following points:
►The Company responded to 262 alarms from January 1, 1999 - April 11, 1999.
►The Company raised approximately $134,000 through its 1998 fund-raising campaign. This was a slight increase over 1997.
►The 800 MHz radios are the primary communications tool, but each truck still carries a high band portable. Our company has not experienced major problems. Robbins Hose has requested reimbursement from the State for expenses associated with installation of the radio system.
►We are still getting good response to fire scenes. Typically there are in excess of 30 volunteers to a fire scene.
►The Emergency Preparedness Director is working with the Company to upgrade the communications console.
Members relayed their appreciation to the volunteers of the Robbins Hose Company for their efforts.
Mr. Lambert moved for acceptance of the City Manager’s report on the semi-annual inspection of the Robbins Hose Company, seconded by Mrs. Malone and unanimously carried.
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE
The City Assessor requested that the property assessment appeals be held on May 20, 1999 between the hours of 1:00 p.m. and 3:00 p.m.
Council President Christiansen requested that Councilmen Leary (Chairman), Pitts, and Truitt serve as Property Assessment Appeals Committee Members, with Councilman Weller serving as an alternate.
Mr. Carey moved for approval of the above recommendations, seconded by Mr. Pitts and unanimously carried.
REZONING REQUEST/FIRST READING - 686 S. DUPONT HIGHWAY - WILLIAM C. AND DORIS J. TORBERT
A request was received to rezone property located at 686 S. DuPont Highway, owned by William C. and Doris J. Torbert. The property is currently zoned C-4 (Highway Commercial) and RG-2 (General Residence) and the requested zoning is C-4 (Highway Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weller, seconded by Mrs. Malone, Council unanimously referred the request to the Planning Commission and set a public hearing for June 14, 1999 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 686 S. DUPONT HIGHWAY.
FIRST READING - PROPOSED ORDINANCES
Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances 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 ordinances will take place during the Council Meeting of May 10, 1999.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
►Chapter 7 - Fire Prevention and Protection, Section 7-5 - Impact Protection for Natural Gas and LP Gas Devices
►Chapter 19 - Streets, Sidewalks, and Public Places, Section 19-6 - Duty of Tenants or Owners to Keep Sidewalks Clear
►Chapter 16 - Peddlers, Section 16-1 - Definition
Mr. Leary moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:05 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 26, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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