COUNCIL COMMITTEES
The Council Committees Meeting was held on April 12, 1999, at 6:30 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller, and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Councilman Salters presiding. Members present were Councilwoman Malone, Councilman Leary, Mr. Gorman, and Mr. Merritt.
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.
Responding to Mrs. Malone, 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. Weller questioned if the City would assume responsibility for the effectiveness of the protection device. Mr. O’Connor commented that if the City was acting with “due diligence” it could not be held responsible if the device failed. Mr. Leary added that if the BOCA Code were revised, the City would revise its standards accordingly.
Mr. Truitt expressed disbelief that gas meters were installed in front of buildings and in parking areas with limited protection from vehicles. Mr. DePrima stated that staff could find no provisions for gas meters in the Delaware Regulations. He also stated that gas meter location is not generally depicted on construction plans and, in fact, is not usually determined until near completion of construction.
Mr. Carey stated that the Fire Department requested meter protection after the first building fire at Woodmill Apartments, however, the developer refused to install meter protection.
Mr. Leary moved to recommend approval of the proposed amendment (Attachment #1), adding duplexes and manufactured housing to Paragraph (e), Exceptions. The motion was seconded by Mrs. Malone and unanimously carried.
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
Members 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 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.
Mrs. Malone moved to recommend adoption of the proposed ordinance amendments to Section 19-6 (Attachment #2) and Section 16-1 (Attachment #3), as recommended by staff. The motion was seconded by Mr. Leary and unanimously carried.
Community Development Block Grant - FY 99 Recommended Spending and Programs
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.
Mr. Salters moved to recommend approval of the FY 1999 CDBG Request and Proposed Resolution (Attachment #4), as recommended by staff. The motion was seconded by Mrs. Malone and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Councilman Truitt presiding. Members present were Councilmen Carey and Pitts, Mr. Martin, and Mr. Wolfe.
Correspondence - Concerns of Parking and Speeding - Woodcrest Development (Mr. Ron Shomo)
Members received a letter from Mr. Ron Shomo, 839 Woodcrest Drive, indicating that the Woodcrest neighborhood was experiencing problems with speeding traffic and increased parking on both sides of the street at the entrance of the Woodcrest Development.
Mr. Truitt stated that he had spoken with Police Chief Faulkner regarding the speeding complaint and was informed that a complaint had not been filed with the Police Department. Since this is a police matter, he suggested that it be reported so that formal action may be taken. Mr. Truitt also suggested that, as a means of slowing traffic, signs be installed indicating that children are playing in the area.
Responding, Mr. O’Connor suggested that prior to installing signs, Mr. Shomo or the Neighborhood Association be contacted for suggestions regarding placement of the signs.
Mr. Lambert felt that the problem of speeding has been on-going and suggested periodic intense enforcement in the area.
Chief Faulkner advised members that the Woodcrest area is a regular position for the radar unit and that according to our records, no arrests have been made in this area. He stated that he has met with Mr. Shomo in an attempt to identify specific times that the speeding is occurring so that they can more effectively schedule increased enforcement in the area.
Mr. Truitt stated that he and Chief Faulkner visited the site and found no parking violations at the entrance of the Woodcrest Development. They also drove through the Dover High School parking lot and found approximately 40 vacant spaces.
Mr. O’Connor reminded members that as a result of a petition recently submitted from the residents of this area, it has been designated as a residential parking area.
Mr. Wolfe suggested discussions with Dover High regarding expanding the parking lot as a possible solution.
Mr. Truitt moved to table action to be referred to the Police Chief for appropriate action. The motion was seconded by Mr. Pitts and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Carey and Weller, Mr. Farling and Mr. Kramedas.
Memorandum of Understanding - Land Use Controls
Members were provided with a copy of the Memorandum of Understanding, in which the City and County agree to conform to their respective zoning ordinances and comprehensive plans. The agreement is designed to allow for the Garrison Farm, located on White Oak Road east of Route 1, to be considered for campus type industrial development. The Memorandum indicates an agreement to discourage further development east of the site.
Mr. O’Connor stated that the State of Delaware Economic Development Office and Department of Planning, as well as the City Planner prepared the Memorandum.
Responding to Mr. Kramedas, Mr. O’Connor stated that the Memorandum supports an interchange at SR-1 dedicated for Dover Downs and the Garrison site only, with no public access to White Oak Road. He stated that an industrial site would require truck access for delivery of materials. Mr. Kramedas stated that there is a need for an interchange to bring business to the downtown area. He expressed his hope that they would not lose sight of that goal.
Mr. Carey moved to recommend approval of the Memorandum of Understanding, as submitted, seconded by Mr. Weller and unanimously carried.
Lowe’s Power Line Relocation/City of Dover Electric Improvements
Lowe’s plans to build a new store 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. Mr. O’Connor advised members that discussions with Lowe’s regarding the payment for these costs are continuing. The materials for the project will be ordered by City staff under current bids approved by City Council.
Mr. O’Connor stated that the City would be funding the majority of the project, however, completion of the work would be beneficial to the City. He stated that Mr. Rusty Collins, representing Lowe’s, has assured him that they would reach an agreement regarding their share of the cost.
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.
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 are able to operate with the existing lines.
Mr. Carey moved to recommend approval of the transfer of $261,695 from the Beginning Balance Account to the Distribution Upgrade Account, as recommended by staff. The motion was seconded by Mr. Weller and unanimously carried.
Mr. Weller moved to adjourn, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 7:54 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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