REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 13, 1997 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, 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 Mr. Rodriguez.
OPEN FORUM
Noting the lengthy committees meeting held prior to the Council meeting, Mr. Leary moved to dispense with the Open Forum, seconded by Mr. Salters and unanimously carried.
The invocation was given by Reverend Joshua Lebelo, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 22, 1997
The Minutes of the Regular Council Meeting of September 22, 1997 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF SEPTEMBER 29, 1997
The Minutes of the Quarterly Open Town Meeting of September 29, 1997 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PRESENTATION - (RET.) COL. ARTHUR G. ERICSON - SERVICE OF CITY OF DOVER PARKING AUTHORITY
Mayor Hutchison presented (Ret.) Col. Arthur G. Ericson with a Dover Cup in recognition of service he rendered on behalf of the City, while serving as a member of the Dover Parking Authority. Mayor Hutchison noted that members of the Dover Parking Authority contribute many hours towards the betterment of our City and that the City is very fortunate to have citizens that are dedicated by serving as volunteers. Mayor Hutchison relayed his gratitude for the contributions of Arthur Ericson.
(Ret.) Col. Ericson thanked members of Council for giving him the opportunity to serve.
PROCLAMATIONS
Child Heath Month
The Assistant City Clerk read the following Proclamation into the record:
WHEREAS, smoking is the leading cause of preventable death due to illness in the United States; and
WHEREAS, advertisements portray the cigarette as an integral part of youth, happiness, attractiveness, personal success and an active, vigorous, strenuous lifestyle; and
WHEREAS, various respiratory problems experienced by adult smokers also affect children and adolescents who smoke; and
WHEREAS, each day 3,000 children in the United States begin to use tobacco; and
WHEREAS, kids gain access to tobacco products through vending machines, mail order sales, free samples, self-service displays, marketing of “kiddie packs” of cigarettes, and failure of sales clerks to demand proof of age; and
WHEREAS, initiation of regular daily smoking is highest among children 12 to 14 years of age, and more than 80 percent of adult smokers tried smoking before age 18; and
WHEREAS, dangers of nicotine addiction and the possible risk of progressing to use of other illegal substances by the 3,000 children and adolescents who begin smoking each day could be eliminated if tobacco use was prevented; and
WHEREAS, sponsorship of major sporting events by cigarette companies provides further publicity, glamour, and legitimacy to their products.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 1997 as “CHILD HEALTH MONTH” in the City of Dover and pledge our support of initiatives that reduce access to tobacco products by children and adolescents, restrict all forms of tobacco advertising, eliminate cigarette sales from vending machines and require the tobacco industry to establish and maintain anti-tobacco campaigns aimed at children and adolescents.
Mayor Hutchison presented the Proclamation to Dr. Julia Pillsbury. On behalf of the Delaware Chapter of the American Academy of Pediatrics, Dr. Pillsbury announced that an Open House, in celebration of Child Health Month, will be held on October 15, 1997 from 3:00 p.m. to 6:00 p.m., at 942 Walker Road, Suite A, Dover. She stated that during the Open House there will be educational programs and a guest speaker, Dr. Victor T. Noble, and invited anyone who wished to attend.
Dover Business Women’s Week
The Assistant City Clerk read the following Proclamation into the record:
WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and
WHEREAS, working women constitute 43 million of the nation's work force; and
WHEREAS, the major goals of business and professional women are to help create better conditions for business women through the study of social, educational, economic and political problems; to help them be of greater service to their communities, their states and their nation; and to further friendships with women throughout the world; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 20 - 24, 1997 as DOVER BUSINESS WOMEN'S WEEK in conjunction with National Business Women's Week, sponsored by the National Federation of Business and Professional Woman's Clubs, Inc., and urge all citizens, civic and fraternal groups, all educational associates, all news media and other community organizations to join in this salute to working women by encouraging and promoting the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes.
Mayor Hutchison and Councilwoman Malone presented the Proclamation to Ms. Terri Shane, President-Elect of the Dover Business and Professional Women’s Organization, Ms. Wanda Freynick, Ms. Debbie Reese, Ms. Becky Moreno, Ms. Karen Kimbleton and Ms. Donna Zaczkiewicz. Mayor Hutchison congratulated Ms. Debbie Reese in being selected as Dover’s Business Woman of the Year by the Dover Business and Professional Women’s Organization. On behalf of all women in the City of Dover, Councilwoman Malone thanked the members for their inspiration.
Ms. Shane relayed her appreciation to the Mayor and Members of City Council for their support and recognition of all business and professional women in Dover. She announced that a banquet will be held on October 25, 1997 and invited anyone who wished to attend.
Halloween Observance
The Assistant City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and
WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats as is the custom of the celebration of Halloween; and
WHEREAS, the observation of this holiday brings joy to many children as they travel with friends and families, showcasing their costumes; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Friday, October 31, 1997 between the hours of 6:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween Trick-or-Treat observance shall be held on the 31st day of October, 1997 between the hours of 6:00 p.m. and 8:00 p.m.
2. That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time, in an effort to maintain a fun and safe environment for everyone participating in the festivities.
PUBLIC HEARING/FINAL READING - REZONING - LAFFERTY LANE - STEEL SUPPLIERS, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the south side of Lafferty Lane, 450' +- west of the intersection of Lafferty Lane and Horsepond Road, owned by Steel Suppliers, Inc. The current zoning is M (Manufacturing) and the proposed zoning is IO (Institutional and Office).
Council President Christiansen noted that a letter was received from the equitable owner, Division of Facilities Management of the State of Delaware, Department of Administration Services, requesting withdrawal of the rezoning application.
Mr. Truitt moved to accept the letter requesting withdrawal of the rezoning application, seconded by Mr. Leary and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING - FORREST AVENUE - WEST DOVER PROFESSIONAL ASSOCIATES
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the south side of Forrest Avenue, between Bennington Street and Independence Boulevard, owned by West Dover Professional Associates. The current zoning is SC-1 & COZ-1 (Neighborhood Shopping Center & Corridor Overlay Zone) and the proposed zoning is C-2A & COZ-1 (Limited Central Commercial & Corridor Overlay Zone).
Planner’s Review
Assistant City Planner, Mr. Edgell, reported that the Planning Commission recommended approval of the requested rezoning. In taking this position the Commissioners considered the following points:
Surrounding Land Uses - To the north and across Route 8 is the Olde Oak Shopping Center zoned SC-1, and the Olde Oak Condominiums zoned RG-0. Adjacent and to the east along Route 8 are two commercial buildings zoned C2-A and further east are single family homes fronting on Bennington Street. To the south and adjacent to the property is vacant land zoned CPO and further south are single family homes in the Woodmill Development fronting on Farmview Drive. Adjacent and to the west of the property is a Dunkin Donuts zoned C-2A and further west are a mix of homes that are outside the City limits.
The Comprehensive Plan supports the requested zoning. Mr. Edgell stated that the request represents a lateral rezoning, explaining that there will be a change from one type of commercial zoning classification to another for the purpose of constructing two (2) stand alone commercial buildings. The SC-1 zone only permits small shopping centers with three (3) or more establishments.
During the public hearing held by the Planning Commission, one member of the public indicated that he was not opposed to the rezoning as long as the project is developed consistent with the past agreements that were made with neighboring residents regarding berming and landscaping. The developer has indicated that he remains in agreement with the past conditions.
Responding to Mr. Leary, Mr. Edgell stated that when the property was annexed into the City, the developer made promises to the residents of the surrounding neighborhood (Woodmill) that there would be berming and landscaping placed to separate the development from the neighborhood. He stated that during the Planning Commission’s public hearing for the annexation of the property on February 13, 1992, there was a substantial list of conditions presented regarding this issue. Mr. Edgell stated that during the Planning Commission’s consideration for the rezoning request, the developers acknowledged and have agreed to the list of conditions. He assured members that the conditions will be considered during site plan review.
In response to Mr. Weller, Mr. Edgell stated that in the past “clubs” have included fraternal organizations, youth clubs, etc. Should a club be proposed for the site, the City Planner would determine if it conforms to its permitted uses in accordance with its zoning classification.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. James Wittig, Representative of Rehoboth One, L.L.C., applicable owner, requested that Council accept the Planning Commission’s recommendation to rezone the property.
Responding to Mr. Lambert, Mr. Wittig stated that two (2) tenants, a fast food restaurant and a bank, have submitted letters of intent.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mrs. Malone and by a unanimous roll call vote, Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of August 25, 1997).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF FORREST AVENUE BETWEEN BENNINGTON STREET AND INDEPENDENCE BOULEVARD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from SC-1 (Neighborhood Shopping Center) and COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from SC-1 and COZ-1 to C-2A and COZ-1 on that property located on the south side of Forrest Avenue between Bennington Street and Independence Boulevard, owned by West Dover Professional Associates.
ADOPTED: October 13, 1997
PROPOSED SCHEDULE - SPECIAL ELECTION (CITY COUNCIL - AT-LARGE)
In accordance with Section 13 of the City Charter, a Special Election must be held to fill the vacancy created by the death of Councilman Philip Fenimore. This is an at-large position with more than 1½ years remaining of the term, which will expire May 1999. The City Clerk requested approval of the following:
Date of Election - November 17, 1997
The earliest the election can be held is October 27, 1997 and the latest it can be held is November 25, 1997. Although we normally have our elections on Tuesdays, the first three Tuesdays in the month of November are already booked at the Elks Lodge; therefore, it is proposed that the Special Election be held on a Monday.
Filing Petitions - October 14, 1997 through October 28, 1997
This time frame allows nearly two weeks for filing of petitions and close to three weeks for campaigning and absentee voting.
Voter Registration - Close: October 31, 1997 - Reopen: December 1, 1997
Voter registration shall close on October 31, 1997 and reopen on December 1, 1997. (The State will continue to accept voter registration applications, but will not forward them to the City of Dover until our registration period reopens).
Mrs. Malone moved for approval of the dates as presented, seconded by Mr. Salters and carried by a unanimous roll call vote. Council President Christiansen stated that the dates as noted above will be posted at 9:00 a.m. in City Hall. Any questions should be referred to the City Clerk’s Office.
COMMUNICATIONS COMMITTEE - BASIC CABLE SERVICE RATE - RELATED FCC FORM 1240 AND EQUIPMENT, INSTALLATION AND SERVICE CHARGES RELATED FORM 1205
Mr. Lambert reported that Comcast Cablevision of Delmarva, Inc. (Comcast) filed FCC Form 1240, relating to the basic cable service rate and Form 1205 relating to equipment and service charges. He stated that the forms were filed with the City on August 1, 1997 and that the City has 90 days to act. In summarizing the filings, Mr. Lambert stated that the rate for basic cable service would increase from $16.00 to $16.26 per month (11.45%); that the rate for expanded service would increase from $13.80 to $15.00 (21.85%); and that there are several adjustments, both increases and decreases, for equipment and installation charges. The proposed new rates would become effective November 1, 1997. It was noted that the City has no authority regarding the expanded service. The rate increases include projected inflation costs, a catch-up increase from the September 1992 rate freeze, and cost adjustments for prior periods.
Mr. Lambert advised members that the Communications Committee held a public hearing on October 8, 1997 and that Mr. Tom Worley and Mr. Bryan Lynch of Comcast were present to explain the proposed increases.
Mr. Lambert advised members that the State of Delaware Public Service Commission reviewed the FCC Form 1240 and FCC Form 1205 as well as the supporting documents and calculations. He assured members that the figures resulting in the increased rates flow within the FCC guidelines. The Communications Committee recommended adoption of the FCC Form 1240 and FCC Form 1205 as filed by Comcast.
Responding to Mr. Salters, Mr. Lambert stated that it is the Communications Committee’s feeling that the rates could be effectively controlled through competition. Once there is competition for cable service, the City’s regulatory authority and associated problems will be eliminated. He assured members that the Committee is continuously working in this direction.
In response to Mr. Truitt, Mr. Karia stated that although the City has no authority as to the programming provided by the cable company, there are local “must carry” channels that are required by the FCC. However, the FCC has no further authority beyond those “must carry” channels.
Mr. Lambert moved for approval of the Communications Committee’s recommendation, seconded by Mr. Weller and carried by a roll call vote of six (6) yes, one (1) no (Council President Christiansen), and one (1) abstention (Mrs. Malone).
APPOINTMENTS - MAYOR
Election Board
Mayor Hutchison recommended the appointment of former Councilman Francis R. Weyandt to the Election Board, representing the Second District. The appointment will expire May 2000.
Mr. Weller moved to approve the appointment of Mr. Francis R. Weyandt to the Election Board, as recommended by Mayor Hutchison, seconded by Mr. Leary unanimously carried.
St. Jones Greenway Commission
Mayor Hutchison recommended the appointment of Mr. Gary Dalton, Esquire, to the St. Jones Greenway Commission. The appointment is to fill the unexpired term of Mr. John Armistead and will expire December 31, 2000.
Mr. Weller moved to approve the appointment of Mr. Gary Dalton to the St. Jones Greenway Commission, as recommended by Mayor Hutchison, seconded by Mr. Leary and unanimously carried.
COMMITTEE APPOINTMENTS TO REPLACE SEAT VACATED BY COUNCILMAN FENIMORE - COUNCILMAN CHARLES WELLER (UTILITY AND COMMUNICATIONS COMMITTEE)
It was noted that Councilman Fenimore, who recently passed away, was assigned to serve on the Utility and Communications Committees. Council President Christiansen recommended that Councilman Charles Weller serve as a member on the Utility and Communications Committees.
Mr. Salters moved for approval of the appointments as recommended, seconded by Mr. Lambert and unanimously carried.
Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:14 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 13, 1997, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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