REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 22, 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. DePrima, Mrs. Green and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 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.
Mr. Thomas Jarrett, Director of Government and Education Relations for Bell Atlantic - Delaware, Inc. (BA-Del), addressed members regarding a recent ordinance considered by City Council that would repeal an ordinance adopted on September 7, 1914, relating to Diamond State Telephone Company. (During their Regular Meeting of January 25, 1999, Council tabled adoption of the proposed Ordinance). It is the position of BA-Del that the 1914 Ordinance, adopted by City Council and accepted by BA-Del’s predecessor in interest, The Diamond State Telephone Company, represents a perpetual franchise agreement with the City of Dover that cannot legally be unilaterally modified or rescinded by Council. Mr. Jarrett advised members that the ongoing validity of the franchise agreement is very important to BA-Del. Any act to rescind the agreement will be viewed by BA-Del as a violation of its property and due process rights and, therefore, will take immediate legal action to protect its interest.
Mr. Jarrett suggested that the proper means for resolving this issue of appropriate compensation for use of each others’ facilities would be through a joint use agreement between BA-Del and the City. Although BA-Del is willing to work with the City to execute such an agreement, he stated that they are unwilling to pay for any undocumented claims for expenses that the City feels have been incurred due to BA-Del’s facilities and/or operations in the City. The City is currently requesting $260,000 from BA-Del without providing necessary documentation for evaluation, which is felt to be unreasonable and a violation of the current franchise agreement.
Mr. Jarrett stated that meetings have been held with City officials in an attempt to resolve this issue. In order to avoid time consuming and expensive litigation, BA-Del suggested that City staff be authorized to negotiate the alleged $260,000 claim and the establishment of a joint use agreement.
Although Council is not in official session, Council President Christiansen assured Mr. Jarrett that his comments will be taken into consideration and suggested that he submit a letter so that appropriate action can be taken. In accordance with an opinion of the City Solicitor, the City Charter does not bind current members of Council to action that was taken by previous members of Council.
The invocation was given by Minister Bertha Hardman, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 1, 1999
The Minutes of the Quarterly Open Town Meeting of February 1, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 8, 1999
The Minutes of the Regular Council Meeting of February 8, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PRESENTATION BY COMCAST - DONATION TO DOVER RECREATIONAL FACILITIES COMMITTEE FOR THE REGIONAL COMMUNITY SPORTS AND RECREATIONAL CENTER AT SCHUTTE PARK
During the Regular Council Meeting of December 14, 1998, a letter from Comcast was read into the record indicating their commitment to provide to the Dover Recreational Facilities Committee (DRFC) a cash contribution for the Proposed Regional Community Sports and Recreational Center at Schutte Park. Due to an ill child, Mr. Brian Lynch of Comcast was unable to attend that meeting.
On behalf of Comcast, Mr. Lynch presented a check in the amount of $10,000 to Mrs. Malone, Mr. Carter, and Mr. Gorman (representing the DRFC) to formalize their commitment to the City of Dover for the efforts to build a Recreational Facility at Schutte Park. The check represents the first of three (3) installments of their cash contribution over the next three (3) years.
Mrs. Malone reiterated appreciation for the support provided by Comcast and for taking the initiative in providing a cash donation for this endeavor.
PROPOSED RESOLUTION - FIRST NIGHT® DOVER
By motion of Mr. Salters, seconded by Mrs. Malone, Council unanimously adopted the following Resolution:
WHEREAS, First Night® began in Boston in 1976 as a way to bring neighboring communities together to celebrate New Year’s Eve through the arts; and
WHEREAS, the Greater Dover Committee, a dedicated group of area business and professional leaders, has been a definite influence for good in our community and was responsible for the establishment of First Night® Dover, Inc.; and
WHEREAS, in 1996 Dover joined many other cities in celebrating New Year’s Eve through First Night® and has continued this tradition due to the assistance given by sponsors, volunteers and many other supportive businesses and citizens; and
WHEREAS, on December 31 of each year, downtown Dover transforms into a theatrical extravaganza—a feast of visual and performing arts for the entire family in a non-alcoholic atmosphere that is accessible and affordable to all.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover recognize FIRST NIGHT® DOVER as the official New Year’s Eve celebration for Dover, Delaware.
BE IT FURTHER RESOLVED that the Mayor and Council express extreme pride in this program due to the quality entertainment that enlightens, stimulates and unites the citizens of Dover and surrounding communities.
ADOPTED: February 22, 1999
The Resolution was presented to Ms. Shelly Cecchett by Mr. Salters and Mr. Carter. Ms. Cecchett thanked members for their support and recognizing First Night® Dover as the official millennium celebration in the City of Dover.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 8, 1999 with Chairman Lambert presiding.
Annexation/Rezoning Request - 196 Mifflin Road - Estate of Eugene S. Schuyler
An annexation and rezoning request was received for property located at 196 Mifflin Road, owned by the Estate of Eugene S. Schuyler. The property is currently zoned RS-1 - Single Family (Kent County zoning classification) and is vacant. Since the proposed use is for a single-family home, the City Planner is authorized to make the recommendation directly to City Council on the annexation and rezoning.
During the committee meeting, the City Planner, Mr. DePrima, explained that across Mifflin Road, to the north and east, are single family homes zoned RS-1 in the unincorporated portions of the County. To the south and southeast are single family homes zoned R-8 (Single Family Residential) in the City. To the rear of the property are lands associated with the Village of Westover Development, which is zoned RM-1 (Medium Density Residential). The Comprehensive Plan recommends low density homes and the Interim Annexation Policy has classified this area as lands most desirable for annexation. Mr. DePrima advised members that the applicants have a contract to sell the property to individuals who wish to construct a new single-family home and be connected to the City’s water and sewer systems. Since the proposed annexation/rezoning is consistent with the Comprehensive Plan, the Interim Annexation Policy, surrounding land uses, and because there is a need for City water and sewer, the City Planner recommended approval of the annexation with a zoning classification of R-8.
The committee recommended approval of the City Planner’s recommendation for annexation of 196 Mifflin Road, with a zoning classification of R-8.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Weller and unanimously carried.
Request for Closure of East Loockerman Street
During their Regular Meeting of August 24, 1998, Council considered a request to close the section of East Loockerman Street Extended between the alley east of the restaurant “Where Pigs Fly” and Edgehill Avenue. Council referred the matter to the Planning Commission for further review and recommendation.
At the committee meeting, Mr. Lambert referred to a letter (dated February 8, 1999) received from DelDOT, indicating that the U.S. 13/113 Corridor has been selected for an intensive study in this year’s 1999 Highway Safety Improvement Program. Since the Planning Commission has formulated a recommendation, DelDOT felt that it would be an excellent opportunity to integrate the significant analysis the City has performed into the broader traffic analysis of the corridor. The anticipated completion date for the study is May of 1999.
Mr. DePrima, City Planner, provided members with the East Loockerman Street Study (as on file in the Office of the City Clerk) and thanked Mr. David Edgell, Mr. Steven Lee, the Police Department, and the Development Advisory Committee for their contributions in preparing the study. The study includes an analysis of the Edgehill Acres neighborhood, traffic volume, speed, accidents, capacity of East Division Street, and development growth. Mr. DePrima presented the various options considered for alleviating the traffic situation on East Loockerman Street. He stated that there are six (6) alternative actions included in the study, which were the subject of public involvement workshops. The Development Advisory Committee also reviewed the study and provided comments. After considering the study data, the comments of the public, and the comments of the DAC, staff recommended that a portion of East Loockerman Street Extended be made one-way eastbound between the alley and South Edgehill Avenue. It was also suggested that additional “curve” warning signs, with the speed limit, be posted eastbound before the curve on East Loockerman Street Extended and that DelDOT be requested to re-evaluate the traffic light timing for Route 13 at Division Street and East Loockerman Street.
Mr. DePrima stated that after review of the study and a public hearing, the Planning Commission recommended endorsement of staff’s recommendation. In addition, the Planning Commission recommended that East Loockerman Street Extended be retrofitted with sidewalks.
Mr. Weller reported that the Transportation Review Committee reviewed the recommendation of the Planning Commission and endorsed the recommendation; however, it was suggested that it should first be constructed using temporary construction methods. He indicated that some members felt that prior to taking action that would alter the roadway, that the speed limit on East Loockerman Street Extended be reduced to 15 mph, with strong enforcement.
Mr. Lambert stated that as a non-voting member of the Transportation Review Committee, he recommended that the speed limit be reduced to 15 mph on East Loockerman Street Extended for a six-month trial period. It was his feeling that it would solve the traffic problems during peak periods, and reduce the likelihood of traffic cutting through the Edgehill Shopping Center parking lot. Mr. Lambert agreed that action should be deferred until DelDOT has had the opportunity to complete their study.
Several residents of the area addressed members of the committee. Many indicated their support for the recommendation of the Planning Commission as an option since it would provide some relief. They felt that reducing the speed limit to 15 mph would not solve the traffic problems in the area unless enforcement was substantially increased. Concern was relayed regarding the suggestion to delay action until receipt of the study by DelDOT due to the length of time it may take for its completion.
Responding to the comments regarding the suggestion to reduce the speed limit, Mr. Lambert stated that the penalty for a person driving 35 mph in a 15 mph zone would be more severe than that of a 25 mph zone. It was his feeling that it would deter drivers from speeding and, in some cases, it will discourage drivers from utilizing the street.
Mr. DePrima stated his feeling that the letter was not indicating that DelDOT would be conducting a study of East Loockerman Street Extended but are volunteering to evaluate the impact of the City’s recommendation, in conjunction with their study of the “golden triangle” at the Court Street/U.S. 13/U.S. 113 intersection and the U.S. 13/U.S. 113 corridor traffic, prior to final action by Council.
Mr. Salters felt that it is the City’s responsibility to provide public safety, which includes providing adequate police to enforce a speed limit when necessary and felt that enforcement would be the least dramatic of the options available. He suggested that, at this time, members consider increasing enforcement of the current posted speed limit to resolve the traffic concerns on East Loockerman Street.
Mr. Christiansen questioned why drivers would be permitted to continuously disobey traffic regulations, feeling that “no continues to mean no”. He encouraged the Police Department to make a concerted effort to enforce all speed limits throughout the City.
Mayor Hutchison relayed his support that action be delayed until DelDOT has had time to complete its study. It was his feeling that a total assessment of the impact that any alteration could have on traffic is necessary prior to taking action. In the meantime, he assured members that he would request that the Police Chief increase enforcement on East Loockerman Street Extended.
The committee recommended that the City Planner forward a letter to DelDOT requesting that they incorporate, along with their study, the options that the City is considering, such as the one-way option and reducing the speed limit to 15 mph.
Since the committee meeting, Mr. Lambert noted that action to increase enforcement on East Loockerman Street Extended has occurred. It has been reported that there were 68 violations issued since this action was initiated.
No further action was taken by Council.
Request for Street Waiver - Route 13 - Scarborough Access Road Connector
The proposed Route 13/Scarborough Access Road Connector is to be located along the path of the existing City of Dover driveway that accesses the former Frazier Pit Landfill and the Frazier Electric Substation. This street will connect Route 13 with the proposed Scarborough Access Road. It will serve as the entrance to the proposed Lowes Home Center, as well as properties to the north, and will provide access to the proposed location for the Delaware Civic Center. Lowes Home Center, Inc. is combining a 30-foot wide portion of their property with the City’s 20-foot wide access driveway to create a 50-foot wide road right-of-way.
The applicants (Lowes Home Center, Inc. and the City of Dover) are requesting a waiver from the subdivision street standards (Subdivision Regulations Appendix A of the City Code, Article VI, Section A) which requires a 60-foot minimum right-of-way, to permit a 50-foot right-of-way width. The pavement width will be 40-feet, which meets City standards.
The Planning Commission recommended approval of the street waiver request. In making its decision, the Planning Commission considered the significant advantage that will be provided to the City to transform the existing driveway into a public access road.
In response to Mr. Lambert, Mr. O’Connor stated that the reduced right-of-way would accommodate existing and future utility requirements. He stated that there would be sidewalks on both sides of the roadway with both underground and overhead utilities in the rights-of-way.
Mr. Carey considered the possibility of the road becoming a main artery in the future, consisting of four (4) traffic lanes each way with a turn lane. He expressed concern that approval of the requested waiver would not allow for this type of expansion.
Responding, Mr. DePrima explained that the proposed connector road would lead to Scarborough Road, which is a proposed two-lane road.
The committee recommended approval of the requested street waivers for that portion of the Route 13/Scarborough Access Road Connector, consisting of 1,000' in length, as recommended by staff and the Planning Commission.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a roll call vote of eight (8) yes, one (1) no (Council President Christiansen).
Bid - 43-Horsepower Walk-A-Long Trencher/Plow
The City’s Electric Department has one trencher which was purchased in 1995. This trencher is used continuously for installing underground lines in housing developments and for street light installations. This heavy and continuous usage has resulted in numerous breakdowns, causing a delay in completing the extension work. Staff feels that an additional trencher is required in order to complete the work on a timely basis. Bids for a Vermeer 43hp walk-a-long trencher with a plow attachment were received as follows:
Vermeer Sales & Service, Inc. (Annapolis, MD) $27,985
Vermeer Sales & Service, Inc. (Ashland, VA) $29,036
Vermeer North Atlantic Sales & Service (Highspire, PA) $29,105
The purchase of an additional trencher was scheduled for next fiscal year; however, due to necessity, staff requested permission to make the purchase during the current fiscal year. Funding for this purchase will be available in the Transmission and Distribution Budget (equipment purchase account) through budget revisions. Staff recommended that the bid for the purchase of a Vermeer 43hp walk-a-long trencher/plow be awarded to Vermeer Sales & Service, Inc. of Annapolis, Maryland, in the amount of $27,985.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the bid for the purchase of a Vermeer 43hp walk-a-long trencher/plow to Vermeer Sales & Service, Inc. of Annapolis, Maryland, in the amount of $27,985, as recommended. The motion was seconded by Mr. Carey 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.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 8, 1999 with Chairman Salters presiding.
Revised Budgets for Fiscal Year 1998-99
The City revises its budgets to reflect the changing needs of its operating departments and to include fluctuations in revenues. The Finance Director/Treasurer, Mr. Mike Karia, submitted the proposed revisions to the 1998/99 budget.
The committee recommended acceptance of the proposed budget revisions as recommended by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - JANUARY 1999
By motion of Mr. Carey, seconded by Mr. Leary, the following monthly reports were unanimously accepted:
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
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
Referring to the Planning and Training Section included in the Chief of Police Report, Mr. Weller commended Chief Faulkner for his quick response to his request made during the review of the December 1998 Monthly Report, for the number of hours involved to be included in future reports.
Members applauded Chief Faulkner for the response of the Police Department in providing additional enforcement in the Loockerman Street area.
Mr. Weller moved for approval of the Chief of Police Report for January 1999, seconded by Mr. Leary and unanimously carried.
1998 ANNUAL REPORT - POLICE
Members were provided with the 1998 Annual Report of the City of Dover Police Department for their review.
Responding to Mr. Lambert, Chief Faulkner confirmed that the average number of phone calls received at the 911 Center totals 16,000 per month.
Mr. Leary referred to the percentage of crime clearances for the City of Dover as compared to the National average and complimented the officers of the City of Dover Police Department for their success.
Mr. Weller moved for acceptance of the 1998 Annual Report of the City of Dover Police Department, seconded by Mr. Carey and unanimously carried.
Members of Council expressed their appreciation for the employees of the Police Department for their dedicated service to the citizens of Dover.
FIRST READING - PROPOSED ORDINANCE - BUDGET REVISIONS FOR FY 1998/99
Mrs. Malone moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Truitt and unanimously carried. Council President Christiansen 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 on March 8, 1999.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Truitt and unanimously carried:
Budget Ordinance - Revised for Fiscal Year 1998/99
General Fund - Revenues
General Fund - Expenditures
Water Fund - Revenues
Water Fund - Expenditures
Wastewater Fund - Revenues
Wastewater Fund - Expenditures
Kent County Sewer Adjustment Fund - Revenues
Kent County Sewer Adjustment Related Items - Expenditures
Water Improvement & Extension - Revenues
Water Improvement & Extension - Expenditures
Wastewater Improvement & Extension - Revenues
Wastewater Improvement & Extension - Expenditures
Electric Revenue Fund - Revenues
Electric Revenue Fund - Expenditures
Electric Improvement/Extension Fund - Revenues
Electric Improvement/Extension Fund - Expenditures
Intergovernmental Service Fund - Revenues
Intergovernmental Service Fund - Expenditures
Health Insurance Fund - Revenues
Health Insurance Fund - Expenditures
Mr. Salters moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 7:59 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 22, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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