REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 28, 1997 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Truitt, Mrs. Malone, Mr. Salters and Mr. Hare. Mr. Leary and Mr. Fenimore were absent.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman 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.
Mrs. Rexene Ornauer of 17 Mifflin Road reiterated previous concerns with the lack of a traffic signal at the intersection of Mifflin Road and Hazletteville Road. Mrs. Ornauer stated that Little League season has started and there is an enormous increase in traffic and an increase in accidents. She observed a recent accident and expects more accidents to occur if something is not done to regulate the intersection. Another problem may be with the alignment of the painted stop line on Mifflin Road. The stop line for the left turn lane is set back further than the stop line for the right turn lane and subsequently it is difficult to see on-coming traffic for those wishing to turn right.
Mr. O’Connor stated that a request has been made for a temporary light until such time as the plans are complete for traffic control at this intersection. He will follow up on this request.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the deletion of agenda item 2A (Proclamation - Poppy Month), noting that the Proclamation was presented prior to the Open Forum. Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 14, 1997
The Minutes of the Regular Council Meeting of April 14, 1997 were unanimously approved by motion of Mr. Salters, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
PROCLAMATIONS
Mayor Hutchison presented the following Proclamation prior to the Open Forum:
WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and
WHEREAS, millions who have answered the call to defend our country have died on the field of battle; and
WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war while serving with honor and courage in defense of the freedoms we enjoy in our country; and
WHEREAS, the red Poppy has been designated as a symbol of sacrifice of lives in all wars; and
WHEREAS, the American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the Memorial flower.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the month of May 1997 as POPPY MONTH and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy during the month of May.
The Proclamation was presented by Mayor Hutchison to Commander Robert Underwood & Sheri German prior to the Open Forum.
PROCLAMATION - NURSES WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the nursing profession is one in which the mind, the hand and the heart are devoted to the mental, physical, and social improvement of all; and
WHEREAS, it is a profession devoted to tender care, restoration of health, and alleviation of suffering; and
WHEREAS, over two and one half million nurses coast to coast will be celebrating Nurses Week with this years theme being “Nurses Have the Courage to Care”; and
WHEREAS, our community is extremely proud of our many nurses who continue to uphold the highest standards of a profession so essential in assuring our citizens the best in health care and treatment.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim May 6, 1997 through May 12, 1997 as “NURSES WEEK” in the City of Dover and urge all citizens to join in this expression of appreciation for the highly skilled and efficient humanitarian service which our nurses provide.
Mayor Hutchison presented the Proclamation to JoAnne Birch, Vice-President of Patient Care Services, Kent General Hospital, who expressed appreciation for the recognition.
PROCLAMATION - DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
The City Clerk read into the record the following Proclamation:
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and
WHEREAS, Jews were the primary victims - six million were murdered; Gypsies, the handicapped and Poles were also targeted for destruction or decimation for racial, ethnic or national reasons; and
WHEREAS, the United States became the homeland to many thousands of Holocaust survivors who, having deep appreciation for the freedom and opportunities afforded by this nation, greatly contributed to the culture and strength of their adopted homeland; and
WHEREAS, we should always remember the terrible events of the Holocaust and should remain vigilant against bigotry and tyranny and continually rededicate ourselves to the principles of equality and justice for all; and
WHEREAS, the Days of Remembrance have been set aside for the people of the City of Dover to remember the inhumanity of those who perpetrated the Holocaust as well as to reflect upon our own humanity and the need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress, the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust to be Sunday, May 4, 1997 through Sunday, May 11, 1997, including the international Day of Remembrance known as Yom Hashoah on May 4, 1997.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of Sunday, May 4, 1997 through Sunday, May 11, 1997, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of the victims, the survivors and their liberators, and further proclaim that we, as citizens of the City of Dover should strive to overcome intolerance and indifference through learning and remembrance.
PROCLAMATION - YOUTH WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, The Benevolent and Protective Order of Elks has designated the week beginning May 4, 1997, as Youth Week to honor America’s Junior Citizens for their accomplishments, and to give fitting recognition of their services; and
WHEREAS, in honor of the junior citizens of this community, the Dover Lodge is sponsoring a fishing derby at Silver Lake from 8:30 a.m. to 11:30 a.m. on Saturday, May 10, 1997 and encourages youths of all ages, up to 18 years of age, to participate in the tournament for trophies and prizes; and
WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation’s greatest resource and, who in the years ahead, will assume the responsibility for the advancement of our free society; and
WHEREAS, our youth need the guidance, inspiration and encouragement which we alone can give in order to help develop those qualities of character essential for future leadership and to go forth and serve America; and
WHEREAS, to achieve this worthy objective we should demonstrate our partnership with the youth, our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the week beginning May 4, 1997 as YOUTH WEEK and urge all citizens to participate wholeheartedly in its observance.
ANNEXATION/REZONING - JEFFREY S. TOWNSEND -1546 S. DUPONT HIGHWAY
An annexation referendum was held on April 17, 1997 for property located at 1546 S. DuPont Highway, owned by Jeffrey S. Townsend.
Referendum Results
The City Clerk reported that the referendum was held with only one eligible voter. One vote was cast in favor of the annexation, with zero votes cast against annexation. Mr. Lambert moved for acceptance of the annexation results as reported, seconded by Mrs. Malone and unanimously carried.
Annexation
By motion of Mr. Lambert, seconded by Mrs. Malone, Council adopted the following Resolution by a unanimous roll call vote (Mr. Leary and Mr. Fenimore absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain lot, piece or parcel of land with the improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of U.S. Route #13, a short distance north of Webbs Lane, being bounded on the east by U.S. Route #13, on the south and west by lands being conveyed from Calvary Church of the Nazarene to Vanguard Equities, Inc., on the north by other lands of Jeffrey S. Townsend and being more particularly described as follows to wit:
Beginning at a point in the west line of U. S. Route # 13 at a corner for this lot and lands being conveyed from Calvary Church of the Nazarene to Vanguard Equities, Inc.; said point of beginning commencing from the intersection of the north daylight corner of Webbs Lane with the west line of U.S. Route #13, North 27 deg. 45 min. 00 sec. East 149.22 feet to the point of beginning; thence running from said point of beginning with lands being conveyed from Calvary Church of the Nazarene to Vanguard, Inc. on the following two (2) courses: (1) North 76 deg. 34 min. 40 sec. West 73.57 feet to a set pipe; thence (2) North 16 deg. 00 min. 00 sec. East 115.00 feet to a set pipe at a comer for this lot and other lands of Jeffrey S. Townsend; thence running with said other lands of Townsend, South 73 deg. 30 min. 00 sec. East 96.56 feet to a point in the west line of U.S. Route #13; thence running with said west line of U.S. Route #13, South 27 deg. 45 min. 00 sec. West 113.22 feet to the point and place of beginning and containing 0.2201 acres of land be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 29th day of April, 1997 at 12:01 a.m. o'clock.
ADOPTED: APRIL 28, 1997
Public Hearing - Zoning Classification
The City Planner, Mr. Tony DePrima, explained that the property is currently zoned as BG - General Business (Kent County zoning classification). Since this is a single parcel, it did not require review by the Planning Commission. The City Planner recommended C-2A (City of Dover zoning Classification).
Council President Christiansen declared the public hearing open.
Mr. Joe Petrosky, of Chabbott and Petrosky Commercial Realty, was present on behalf of the current and equitable owners, to answer any questions on the proposed rezoning. There were no questions from members of Council.
Council President Christiansen declared the public hearing closed.
Mr. Hare moved that the property be zoned C-2A (Limited Central Commercial) as recommended by the City Planner. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mr. Leary and Mr. Fenimore absent), Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of March 10, 1997.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1546 S. DUPONT HIGHWAY.
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 BG - General Business (Kent County zoning classification) to C-2A - Limited Central Commercial (City of Dover zoning classification).
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 BG (Kent County zoning classification) to C-2A (City of Dover zoning classification) on that property located at 1546 S. DuPont Highway, owned by Jeffrey S. Townsend.
ADOPTED: APRIL 28, 1997
ELECTION RESULTS - 1997 MUNICIPAL ELECTION
The City Clerk reported the following results for the 1997 Municipal Election, as certified by the Election Judges:
First District Second District
Holly L. Malone 253 Richard D. Senato 161
James P. Webster 136 Charles A. Weller 248
Total Votes Cast (by district) 389 409
Total Registered Voters (by district) 5,722 3,479
Total Registered Voters (City wide) 17,600
It was noted by the City Clerk that the seats were uncontested in the Third District (held by Robin R. Christiansen), the Fourth District (held by Reuben Salters) and for the At-Large seat (held by Philip R. Fenimore).
Mr. Salters moved for acceptance of the 1997 Municipal Election results, seconded by Mr. Hare and carried by a roll call vote of six (6) yes, one (1) abstention (Mrs. Malone) and two (2) absent (Mr. Leary and Mr. Fenimore).
MONTHLY REPORTS - MARCH 1997
By motion of Mr. Salters, seconded by Mr. Hare, the following monthly reports were accepted:
Chief of Police Report
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
CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
Per City Code, Section 7-18, 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:
► Volunteer response is very good
► There have been ten new volunteers accepted since January 1997
► The new trucks have been ordered
► The Fundraising Committee is still working. This appears to be the weakest area and continues to be an area of concern
Mr. Hare 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, 1997 between the hours of 2:00 and 4:00 p.m.
Council President Christiansen requested that Council Members Salters (Chairman), Leary, and Pitts serve as Property Assessment Appeals Committee Members, with Councilman Truitt serving as an alternate.
Mr. Hare moved for approval of the above recommendations, seconded by Mr. Lambert and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of April 14, 1997.
Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, (effective May 11, 1998). The motion was seconded by Mr. Lambert and carried by a roll call vote of six (6) yes, one (1) no (Mr. Pitts) and two (2) absent (Mr. Leary and Mr. Fenimore):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover City Code shall be amended in the following respects:
* Chapter 2, Administration, is amended by inserting a new article to be designated Art. IV, Mayor, consisting of §2-96 through §2-115 and all of the following articles and sections shall be renumbered so that the next successive article shall be Art. V, City Manager, §2-116 - §2-125 which renumbering shall be true for the remainder of this chapter.
Newly renumbered Art. IV, Mayor, shall read as follows:
Section 2-96. Duties and Responsibilities of the Mayor.
The Mayor shall have all of those duties and responsibilities set forth in Section 14 of the Charter. In addition thereto, the Mayor shall be available on a full time basis to interact with private citizens, business people, national, state and county officials and representatives and civic and neighborhood associations to promote the economic and social interests of the City and the general welfare of its citizens.
ADOPTED: APRIL 28, 1997
Mr. Lambert moved for approval of the following ordinances, seconded by Mr. Hare and carried by a unanimous roll call vote (Mr. Leary and Mr. Fenimore absent):
* For City Code codification purposes and to avoid renumbering other ordinances, Municipal Code renumbered this ordinance to Article III.I, Sec. 2-91 (Sec. 2-92 - 2.95 Reserved)
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Chapter 22 - Utilities, Division 4 - Meters, Sections 22-226 through 22-231 in their entirety and inserting in their place the following:
Sec. 22-226. Required
Each water service line from the main to a property shall be metered; the city reserves the right to determine the size, location, and type of meter and shall furnish the meter and appurtenances to the customer at cost. All meters over two (2) inch in size must be purchased by the customer through an approved vendor as directed by the city.
Sec. 22-227. Location
Residential
All new residential water meters shall be set in a meter pit (No. PSBHC-28818-36 as manufactured by the Ford Meter Box Company or approved equal) with a suitable iron cover which shall be located within two feet (2') of the property line adjacent to the road right-of-way. In cases where water mains are not located along the street frontage, the location of the meter pit shall be determined by the city. The location of the pit shall also coincide with the center of the property as measured along the road frontage. No meter pit covers shall be placed in locations susceptible to vehicular or pedestrian traffic. The size and dimensions of the pit shall be approved by the city and shall give adequate access to the meter and permit its installation and/or removal.
Commercial/Institutional
All new commercial/institutional water meters shall be set at a convenient location, approved by the city, so as to control the entire domestic supply. Meters shall be located in an open space so that the meter is at all times accessible for reading and/or repair. Where it is not practical nor desired to place a meter within a building structure, the meter shall be set in a brick, concrete, or plastic pit with a suitable iron cover. Other types of meter boxes may be approved by the city under special circumstances. The pit or box shall be placed inside the property line as close to the right-of-way as possible by the customer or agent thereof. The size and dimensions of the pit or box shall be approved by the city and shall give adequate access to the meter and permit its installation and/or removal.
Sec 22-228. Installation
All interior installations shall be in a horizontal position with the register upright and not more than twenty-four (24) inches above the floor line. All meter pit or box installations shall have the meter register located not more than twelve (12) inches or less than six (6) inches below a finished grade and be installed in a meter pit which is valved with an angle ball valve at the inlet and an angle cartridge dual check valve at the outlet. In addition, all installations regardless of location shall include the most current remote metering devises in use by the city at the time of installation.
Sec. 22-229. Maintenance and responsibility for damage.
All water meters shall be maintained by the city so far as ordinary wear and tear are concerned. Damage due to freezing, hot water, or external causes due to the negligence of the customer, shall be paid for by the customer.
Sec. 22-230. Notice to City of damage or malfunction.
The customer shall immediately notify the city of damage to or malfunction of the water meter as soon as it comes to his or her knowledge.
Sec. 22-231. Inaccurate meters.
The quantity recorded by a water meter shall be conclusive on both the city and the customer, except when the meter has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order. Either party may request a flow test using a certified vendor approved by the city. If the customer contends the results of the first test, all costs to retest the meter shall be incurred by the customer.
ADOPTED: APRIL 28, 1997
Council President Christiansen noted that this is the last official Council Meeting for Councilman William Hare and asked that everyone rise in appreciation of the many hours contributed by Councilman Hare on behalf of the City of Dover and its citizens.
Mrs. Malone moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:55 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 28, 1997, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB