REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 26, 1996 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. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Chief Carey, Mr. Petit de Mange, 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.
Glenn Mahan - Speeding on Nimitz Road and Garfield Drive
Mr. Glenn Mahan of 411 Nimitz Road requested that the City take action to enforce the speed limit along Nimitz Road and Garfield Drive. He stated that vehicles travel at excessive speeds and feared that someone would get hurt if action is not taken to slow them down.
Council President Christiansen stated that the Chief of Police and City Manager will meet with Mr. Mahan after the meeting to discuss this matter.
The invocation was given by Pastor Eldon Fowler, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Fenimore moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 12, 1996
The Minutes of the Regular Council Meeting of August 12, 1996 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - AMERICA GOES BACK TO SCHOOL: GET INVOLVED MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, the Partnership for Family Involvement in Education and the U.S. Department of Education are sponsoring the Second Annual National Back-to-School Campaign, with this year's theme being America Goes Back to School: Get Involved!; and
WHEREAS, this campaign is held each year to encourage families, educators, and communities to work together in making schools better so that students can obtain the high quality education they need to lead productive lives; and
WHEREAS, the American public feel that education can be improved by making schools safe, disciplined and drug-free; encouraging parent and family involvement; helping America become a reading, literate society; reaching for new levels of excellence by achieving high standards and real accountability; making technology available so that all children will succeed in the 21st century; preparing young people for careers; and making college more accessible thereby keeping the promise of the American dream; and
WHEREAS, education is about teaching our children and young people basic American values and uncorking that world-renowned American ingenuity that has characterized our country so that America can move forward and continue as a world leader; and
WHEREAS, in order for all of our communities to become prosperous and strong, more individuals need to become involved in improving our schools and colleges.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim SEPTEMBER 1996 as AMERICA GOES BACK TO SCHOOL: GET INVOLVED MONTH in the City of Dover and encourage all citizens to make a commitment to support education improvement throughout the year.
Mayor Hutchison and Councilman Leary presented the Proclamation to Dr. Joseph Crossen, Superintendent of Capital School District, and Mr. Martin Burns, Board President of the Capital School District. Dr. Crossen thanked the Mayor for the Proclamation and expressed his gratitude to the City of Dover for the excellent relationship between the school district and the City. In the spirit of the Proclamation, Dr. Crossen stated that they have approximately 6,300 school children and many of them could use some solid adult guidance. He invited members of Council and the general public to volunteer some time to mentor a student of the Capital School District.
PRESENTATION - DELAWARE PREVENTION NETWORK (DECCASA)
Council President Christiansen introduced Ms. Sherwanda Scott, Community Prevention Coordinator for the City of Dover. Prior to the presentation by Ms. Scott, Mr. O'Connor stated that during the past year, the program has seen many changes including the addition of Ms. Scott as the new Coordinator. Mr. O'Connor stated that they formed a partnership with the Towne Point Elementary School which proved very successful. They recently formed partnerships with the YMCA and the Dover Housing Authority in their quest to reach more children in the City. Mr. O'Connor stated that the program has reached not only the children, but also has involved the parents which has made the program even more successful.
Ms. Scott stated her appreciation for the opportunity to summarize the goals and objectives of the Delaware Prevention Network. She stated that the Delaware Prevention Network is a community based prevention system for youth and their families. Their goal is to reduce the use of alcohol, tobacco and other drugs in the State of Delaware. DPN of Dover reaches out to the youth and families in high risk environments to strengthen their resistance skills against drug use by providing support activities, information about alcohol, tobacco and other drugs, and referral services. The following services are offered: homework and tutoring assistance for youth, youth recreational activities in a safe environment, youth and family cultural enrichment activities and recreational activities for youth and their families. There are currently 45 youths enrolled in the DPN Program of which 95% are considered at-risk. These children were primarily selected for the program by a school social worker, DPN Coordinator and/or through other referrals. This past year, the program was housed in the Dover Park and Recreation Center and Towne Point Elementary School. This partnership proved very successful. They were able to utilize the school's computer lab, library, and other resources and facilities and were assisted by four certified teachers. The children enjoyed the tutoring they received and the activities provided each day which ranged from an etiquette class to a first aid CPR course. The Barbizon School taught the children an etiquette and table manners course. When the course was completed, they went to the Blue Coat Inn so that the children could utilize their new knowledge. For many of the children, it was the first time that they had eaten in a restaurant and the experience was very fulfilling for everyone. Ms. Scott stated that the above is only a sample of the many activities of the Program.
Many parents of children that participated in the program spoke before Council on how the program helped their children academically and socially as well as teaching them about the evils of alcohol, tobacco and other drugs. Teachers that were involved in the program also spoke before Council, stating that it was a wonderful experience for them to see first hand the improvement they could make in the lives of these children.
Ms. Scott stated that the partnership with the YMCA will target children in the East Dover Elementary School and the Dover Housing Authority partnership will target children in the South Dover Elementary School. It is hoped that the Towne Point Program will be expanded to also include a program at William Henry.
Mayor Hutchison stated his pride in the efforts of the children participating in the Drug Prevention Network, their parents, the involved teachers, and City staff. He reminded the children that through a good education, there is no goal that they cannot reach. He congratulated everyone involved in making this program so successful.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on August 12, 1996 with Chairwoman Malone presiding.
Review of Recreation Programs - Lack of Indoor Recreational Facilities
During the last Council Meeting, Councilwoman Malone brought to light that many of the City's recreational programs are operating at maximum enrollment levels, with waiting lists being maintained for several of the programs. Also, Parks and Recreation staff are having a very difficult time finding indoor facilities, that can be used throughout the year, to accommodate their programs. Silver Lake was closed to swimmers for a total of 23 days from the start of the swimming season through June 30th, which represents 62% of the swim season. This past winter, the youth basketball registrations increased 74%. She reminded Council that during Planning Workshops, the citizens of Dover stated the need for additional recreational programs and activities as their number three priority.
After discussion at the Council Meeting, it was agreed that these concerns should be addressed by the Parks and Recreation Committee. Mrs. Malone suggested that a committee be created to address the lack of indoor recreational facilities in the City of Dover, with the Mayor and each member of Council appointing a City of Dover resident to serve on the committee. The recommendations of this committee would be made to the Parks and Recreation Committee.
Mr. Fenimore asked if the committee would review capital improvements and expansions, as well as funding, programming and cooperation with other entities. Mrs. Malone stated that all of the above would be encompassed in the committee's review.
Mr. Jack Fisher of 710 Carol Street addressed the committee, stating that 20 years ago he suggested to City Council that they consider a municipal swimming pool. No such action has been taken and the residents of the City of Dover continue to deal with the closing of Silver Lake to swimmers. Mr. Fisher stated his opinion that there is very little to do at City parks and that the play equipment at the parks is old and inadequate. He suggested that the City review both the long term and short term recreational needs of our citizens. Referring to possible short term improvements, he suggested that the City provide entertainment in its parks, such as construction of pavilions, horseshoe pits, volleyball courts, children-friendly play equipment, walking pathways, improved landscaping, etc.
Relating to possible long term solutions, Mr. Fisher stated that he completely supports the construction of two municipal swimming pools; one pool on the west side of Dover and one pool on the east side of Dover. He stated his opinion that money utilized on recreation is money well spent for the youth of our City. He also suggested that the old Acme building, located on Governors Avenue, be considered for the creation of a youth center. Mr. Fisher stated his feeling
that the City should encourage its youth to participate in positive recreation. He stated his full support for the creation of a committee to address these very important issues.
The committee recommended approval of the creation of a committee to address the lack of indoor recreational facilities in the City of Dover and to review the recreational programs offered by the City, stipulating that the Mayor and members of Council appoint a City of Dover resident to serve on the committee, with the appropriate staff members (non-voting members) assisting the committee as needed.
Council President Christiansen read into the record the following charge to the Committee:
∙ To study and define the problems and needs of recreational activity in the City of Dover.
∙ To identify possible solutions of those problems and address those needs to include possible construction of new facilities, but not to exclude increased cooperative agreements, including the leasing of additional space and facilities from public and private entities.
∙ To identify revenue sources to fund any and all projects or alternatives and present a report of the final recommendations to the Parks and Recreation Committee for its review and recommendation to City Council.
Mrs. Malone moved for approval of the committee's recommendation to include the charge to the Committee as recommended by the Council President. The motion was seconded by Mr. Leary and unanimously carried.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Fenimore and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 12, 1996 with Chairman Hare presiding.
Presentation - State of Delaware Department of Transportation - Update on Traffic Issues
Mr. Bruce Littleton, representing the State of Delaware, Department of Transportation, updated members of the committee on a proposal for a traffic light at the intersection of Mifflin and Hazletteville Roads and on the Round-About located on Mifflin Road.
Regarding the signal at Mifflin and Hazletteville Roads, Mr. Littleton stated that a study was performed a couple of months ago which determined that the signal is not warranted at this time, but it is close to meeting the criteria. Mr. Littleton explained that although the intersection meets the criteria at certain times of the day, it must meet the threshold for eight hours per day. When the signal is warranted, it will be necessary to have proper turn lanes in place prior to placement of the traffic signal.
The Turn About on Mifflin Road was a suggestion made by Mr. Littleton. He explained that although the City of Dover was not involved, the residents living in the vicinity of Mifflin Road were very much involved. Mr. Littleton attended the Mifflin Road Civic Association meeting where residents asked what could be done to slow down speeding vehicles on Mifflin Road. It was felt that lowering the speed limit would have no effect since vehicles already exceed the 35 mph limit. Studies show that over 7,000 vehicles travel Mifflin Road per day. It was agreed by DelDOT officials and the residents in the area that a temporary Round About would be installed to see if it would slow down the vehicles that travel the roadway. If it was deemed successful, then a permanent Round About would be considered which would be more aesthetically pleasing than the temporary structure. There has also been discussion on the possible installation of some device at Fawn Street.
There seems to be mixed emotions as to whether the Round About has been successful. There are many residents that feel it has been successful and many that feel that it is not successful and that it is poorly designed. Mr. Littleton concurred that if a permanent Round About is installed, it would require further design so that the amount of diversion is spread more evenly on both sides of the roadway. There are other solutions that can be tried if so desired. Mr. Leary stated his opinion that the Turn About is successful and felt that we should work towards fine tuning it for permanent placement.
Responding to a question by Mr. Lambert, Mr. Littleton stated that there is a signal agreement with the developer of the Gagen Farm to participate in the costs of the signal when installed (at either the intersection of Mifflin/Hazletteville Roads or Hazletteville/Wyoming Mill Roads). Since it takes an enormous amount of time from design to completion of such a project, Mr. Lambert felt that we should begin the process immediately. Although the traffic study shows that the traffic thresholds have not yet been met at this intersection, Mr. Littleton stated his projection that it will meet the criteria within the next two years. He urged City Council to begin the process of requesting the signal through the Kent County MPO so that it can be placed on the projection calendar.
Mr. Lambert also mentioned the possibility of a traffic signal at Mifflin Road and Route #8, stating that this intersection experiences traffic difficulties, especially during early morning and early evening hours. Mr. Littleton stated that installation of a traffic signal will attract more vehicles; installation of traffic signals at both ends of Mifflin Road will dramatically increase the amount of vehicles using Mifflin Road.
Mrs. Malone stated that this intersection is extremely busy during Little League season, but cautioned Mr. Littleton that the traffic will continue to be high because more and more activities are taking place at Schutte Park such as fall soccer programs and other various sports activities. Mr. Littleton explained that these statistics would change the study very little unless the activities would take place during hours that are not already peak hours, reminding Mrs. Malone that the thresholds must be met for at least eight hours per day.
Mr. Hare asked if the traffic signal could be installed prior to installation of the turn lanes. Mr. Littleton stated that without the turn lanes, it would severely effect the capacity of the intersection. Asked if a signal could be installed that would only be activated during certain times of the day, Mr. Littleton stated that it is possible but it is not recommended. They generally do not recommend traffic signals that are operational only occasionally because drivers are not prepared for the signal during the few hours per day that it is activated and it often leads to accidents.
Asked by Mr. Fenimore when another traffic count could be taken at the Hazletteville Road/Mifflin Road intersection, Mr. Littleton stated that he would perform a traffic count when requested, providing that a realistic change in traffic has occurred since the last count.
Mr. Littleton stated that the time frame for traffic signal installation varies, depending upon the need for right of way acquisition, wetlands and design criteria. He stated that the most important factor is adequate funding and getting the plan on the projection calendar. He did not feel that the intersection would require a complicated design, but the work has to be targeted in their planning process. He suggested that the City work on this phase through the MPO. Although the intersection does not currently meet the required thresholds, Mr. Littleton offered to provide a letter stipulating that it will meet the warrants within two years so that the MPO can program the signal in their plan.
Mr. Larry Josefowski, President of the Mifflin Road Civic Association, stated that 30 to 35 households were present for the meeting when the Round About was discussed and they voted unanimously for the concept. He stated that the majority of the residents like it. Those that have spoken against it are the drivers that are forced to slow down or the trucks that can longer use Mifflin Road (trucks are prohibited except for local deliveries). He, therefore, feels that the Round About is very successful.
Mrs. Rexene Ornauer of 17 Mifflin Road stated that the State Bicycle route comes up Wyoming Mill Road to North Street, turns east and then turns north on Mifflin Road. There are many bicyclists that use Mifflin Road and she felt that anything that slows the traffic down will make it safer for everyone.
No further action was taken by the Committee or Council.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mrs. Malone and unanimously carried.
MONTHLY REPORTS - JULY 1996
By motion of Mr. Fenimore, seconded by Mrs. Malone, the following monthly reports were accepted:
Chief of Police 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 Inspections Report, Mr. Fenimore noted that the Annual Report of the Kent County Aero Park informs that "The State of Delaware appropriated approximately $1 million in taxiway funds which had been reserved for taxiway/apron construction for the benefit of the Kent County AeroPark to a project in New Castle County".
Mr. Fenimore requested that the City Planner request explanation of how and why money that was reserved for use in Kent County was shifted to New Castle County and that this information be relayed to members of City Council.
Mr. Fenimore moved for acceptance of the Planning and Inspections Report for the month of July, seconded by Mrs. Malone and unanimously carried.
ANNEXATION/REZONING REQUEST - 1351 and 1361 S. GOVERNORS AVENUE AND 1560 S. DUPONT HIGHWAY- CALVARY CHURCH OF THE NAZARENE
A request was received for annexation and rezoning of property located at 1351 and 1361 S. Governors Avenue and 1560 S. DuPont Highway, owned by Calvary Church of the Nazarene. Staff recommended that the request be referred to the Utility Committee and Planning Commission, that an annexation referendum be set for October 31, 1996 and that a public hearing be set for November 12, 1996.
Mr. Lambert moved for approval of staff's recommendation. The motion was seconded by Mr. Fenimore and Council unanimously acknowledged the first reading of the following ordinance, by title only, and adopted the following resolution:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 located at 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 31st day of October, 1996 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: August 26, 1996
Mr. Leary moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:15 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 26, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB