REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 28, 1996 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 Major Faulkner, 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.
There was no one present wishing to speak during the Open Forum. The Regular Council Meeting convened at 7:30 p.m.
The invocation was given by Pastor Eldon Fowler, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #2C to allow the City Manager to give an update on the recent electrical outage.
Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Lambert and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 6, 1996
Council President Christiansen announced that in accordance with an opinion submitted by the City Solicitor, approval of the May 6, 1996 minutes will be for the record of the meeting and not for approval of any action taken during the meeting. Mrs. Malone moved for approval of the Special Council Meeting Minutes of May 6, 1996 in accordance with the recommendation of the City Solicitor. The motion was seconded by Mr. Salters and the minutes bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 13, 1996
The Minutes of the Regular Council Meeting of May 13, 1996 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROCLAMATION - STAND FOR CHILDREN DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, on June 1, 1996 Americans from all backgrounds will come together to take a "Stand for Children" at the Lincoln Memorial in Washington, D.C. and renew our community's commitment to improving the quality of our children's lives; and
WHEREAS, on Stand for Children Day and beyond, families, citizens, members of religious congregations, schools, community based-organizations, businesses, political and cultural groups will join together as a local and national community to recognize our children's unmet needs and rededicate ourselves to addressing them; and
WHEREAS, caring for our children must be our families', community's, and nation's first priority; and
WHEREAS, this commitment must begin at the local level--where children and families live and work and have the potential to thrive, and where all citizens, working together, can make a difference in our children's lives.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 1st as "STAND FOR CHILDREN DAY" in the City of Dover and urge all citizens to support this day through their presence in Washington, D.C. and by dedicating ourselves to the task of improving the quality of life for all our children and leaving no child behind from this day forward.
PROCLAMATION - GOOD SAM'S 30TH ANNIVERSARY - CLEANUP DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, we are fortunate to live in a State so bountifully endowed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, Good Sam is the largest RV owners' club in the world, with more than 900,000 family memberships representing two million people; and
WHEREAS, to celebrate Good Sam's 30th anniversary, they are staging a nationwide clean-up on Tuesday, May 28, 1996 and it is their goal to get everyone to pick up at least one piece of trash that day; and
WHEREAS, the City of Dover commends the efforts of this Club, and extends full cooperation in publicizing and encouraging this worthy project.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim May 28, 1996 as CLEAN-UP DAY in the City of Dover and urge all citizens to join me in extending commendation to the dedicated volunteers who are giving so freely of their time in this worthy cause, and to assist in every possible way in this community beautification project.
REPORT BY CITY MANAGER - POWER OUTAGE OF MAY 14, 1996
On May 14, 1996 the Delmarva Peninsula experienced a major power outage which lasted in our area from 10:15 a.m. to approximately 5:00 p.m. The problem has been attributed to an operation of Delmarva Power and Light but no specifics are currently available. Mr. O'Connor explained that at the time of the outage, the City of Dover did not have its generation units on-line, but even if they had been on-line, they would probably have been tripped off. Our units were off-line for spring maintenance. Many of our residents have asked why the City did not start up its own units while this problem was being experienced by Delmarva Power & Light. Mr. O'Connor stated that it takes approximately seven hours for a cold startup of our units. We were not aware of the length of time it would take Delmarva Power & Light to repair the problem until after the problem was discovered. At that point, it would have taken longer to get our unit up than it would take for Delmarva to make the necessary repairs and restore the electricity.
Mr. O'Connor explained that other critical issues associated with a major electrical outage is water and wastewater. Although we have backup generation for a limited amount of water supply, we needed to be prepared with ample water supply in the event of a major fire. We were able to isolate over one million gallons of water in the upper tanks which was held in reserve in the event of a major fire. Another concern was overflow of wastewater, especially in areas near major water bodies. The City contracted with companies that could pump out our lift stations if necessary. We were very fortunate that only two overflows occurred during the seven hours without electricity, and neither of those resulted in an overflow into Silver Lake or any other body of water. It was noted that not only were our lift stations out, but the County lift stations on the main sewer line were also out.
The Police Department did an excellent job with traffic control. Mr. O'Connor stated that there were several major intersections where police officers needed to direct traffic, especially along Route #13 where traffic is very heavy. This was very successful and no accidents were attributed to the electrical outage.
For those registered with the City as medical concerns in cases of a loss of electricity, the City contacted them to keep them abreast of the situation and assisted those that needed immediate attention. The Fire Department assisted in may ways by responding to elderly individuals that needed assistance in getting their electrical garage doors open, etc.
Mr. O'Connor stated that unit #3 did not come on until 7:30 p.m. but that the Combustion Turbine came on at approximately 5:50 p.m. The City received a 50 megawatt allowance from Delmarva Power & Light at approximately 4:30 p.m. and began to systematically restore electric throughout the City. Unit #3 was left on-line for two days to ensure that the system security was re-established. Mr. O'Connor stated that although the electric outage was a major inconvenience, no major problems were encountered and he was very proud of the manner in which City staff dealt with the matter.
Mr. Lambert stated that since we have our own generation capability, many residents expressed questions as to why the City of Dover could not bring their electric customers back on-line as soon as the Delmarva Power & Light system went out. He expressed appreciation for the update by Mr. O'Connor and for the explanation on the procedure for a cold startup of our units.
MONTHLY REPORTS - APRIL 1996
By motion of Mr. Hare, seconded by Mr. Fenimore, the following monthly reports for April 1996 were accepted:
Chief of Police Report
Building Inspector and Fire Marshal 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
APPOINTMENT - BOARD OF ADJUSTMENT
Mayor Hutchison requested the appointment of Dr. Edward W. Goate' to fill the unexpired term of Fred Carey. This term of office will expire in July 1997.
Mr. Leary moved for approval of the appointment of Dr. Goate' as recommended by Mayor Hutchison. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
COMMITTEE APPOINTMENTS - MAYOR
Mayor Hutchison offered the following Committee appointments for Council's approval:
Dover Public Library Advisory Commission Silver Lake Commission
Council President Robin R. Christiansen John Armistead
Edward J. Bennett
Election Board Robert Gorkin
Will Garfinkel - At-Large (5/99) Don Knox
Michael Malkiewicz
Downtown Dover Development Corporation John Stith
Councilman Philip R. Fenimore Sherman Townsend
Councilman Thomas J. Leary
Councilman Reuben Salters
James R. O'Connor, City Manager
Anthony DePrima, City Planner
Mr. Leary moved for approval of the appointments as recommended by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote.
COMMITTEE APPOINTMENTS - COUNCIL
Council President Christiansen offered the following recommendations for Council Committee appointments. It is noted that the Civilian Committee appointments by the Committee Chairs will be made at a later date.
Legislative & Finance Committee
Reuben Salters, Chairman
Thomas J. Leary
William F. Hare
William A. Schaefer, Jr. (Civilian Member appointed by Council President)
* Forthcoming (Civilian Member appointed by Chair)
Utility Committee
Robert W. Lambert, Chairman
Philip R. Fenimore
John W. Pitts
Carleton E. Carey, Sr. (Civilian Member appointed by Council President)
* Forthcoming (Civilian Member appointed by Chair)
Parks and Recreation Committee
Holly L. Malone, Chairwoman
Philip R. Fenimore
William P. Truitt
Kathleen S. Maxted (Civilian Member appointed by Council President)
* Forthcoming (Civilian Member appointed by Chair)
Safety Advisory Committee
William F. Hare, Chairman
John W. Pitts
William P. Truitt
W. Frank Wolfe (Civilian Member appointed by Council President)
* Forthcoming (Civilian Member appointed by Chair)
Civilian Pension Board
Thomas J. Leary
Reuben Salters
Police Pension Board
Thomas J. Leary
Reuben Salters
Code Board of Appeals
John W. Pitts, Chairman
William P. Truitt
Mr. Hare moved for approval of the Council Committee appointments, as recommended by Council President Christiansen. The motion was seconded by Mr. Fenimore and carried by a unanimous roll call vote.
MISCELLANEOUS APPOINTMENTS
Council President Christiansen offered the following recommendations for miscellaneous appointments:
Kent County Tourism
John W. Pitts
Liaison to Chamber of Commerce & Greater Dover Committee
Mayor James L. Hutchison
William F. Hare
Liaison to Kent County (City/County Committee)
Mayor James L. Hutchison
William F. Hare
Holly L. Malone
John W. Pitts
Reuben Salters
James R. O'Connor, City Manager
Communications Committee
Robert W. Lambert
Philip R. Fenimore
Irving S. Levitt
Charles A. Weller
Mr. Fenimore moved for approval of the appointments as recommended by Council President Christiansen, seconded by Mrs. Malone and carried by a unanimous roll call vote.
ANNEXATION/REZONING REQUEST - 5729 W. DENNEYS ROAD - COMCAST CABLEVISION OF DELMARVA, INC.
A request was received for annexation and rezoning of property located at 5729 W. Denneys Road, owned by Comcast Cablevision of Delmarva, Inc.. Staff recommended that the request be referred to the Utility Committee and the Planning Commission, that an annexation referendum be set for July 11, 1996 and that a public hearing be set for July 22, 1996.
Mr. Hare moved for approval of staff's recommendation. The motion was seconded by Mr. Fenimore and Council acknowledged the first reading of the following ordinance, by title only, and adopted the following resolution (with Mr. Leary and Mr. Christiansen voting no and Mrs. Malone abstaining):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 5729 W. DENNEYS ROAD.
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 5729 West Denneys Road, 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 5729 West Denneys Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 11th day of July, 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: May 28, 1996
FIRST READING - PROPOSED ORDINANCES
A first reading was accomplished on April 8, 1996 and a public hearing was held on May 6, 1996 on the proposed zoning ordinances and map and zoning text amendments. During the Special Council Meeting of May 6, 1996, it was determined that a new first reading must be accomplished since there were substantial changes made to the proposed ordinances. In accordance with an opinion submitted by the City Solicitor, a first reading must occur during a Regular Council Meeting; therefore, a first reading is being offered on the following proposed ordinances. Final action by Council will take place during the Second Reading of the ordinances on June 10, 1996. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office.
Council President Christiansen noted that a petition was received from residents in the area of Deerfield requesting that the property on the corner of Route #8 and Mifflin Road be zoned as CP-0. (It was determined that the petition does not fall under the requirements of Del. C. Sec. 305).
Council President Christiansen also noted that a separate vote by City Council is necessary on the zoning designation of property located on the corner Route #8 and Mifflin Road, owned by C & F Enterprises and Roberta Carroll. Since the owners of the property have protested the City Planner's recommendation to rezone the property to CP-0, a 3/4 majority vote (seven affirmative votes) of Council is necessary in order to rezone the property.
Mr. Fenimore moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried.
Route #8/Mifflin Road Property - C & F Enterprises/Carroll
Mr. Lambert moved that the property located on the corner of Route #8 and Mifflin Road be rezoned from C-1A to CP-0, seconded by Mr. Leary. The motion failed by a roll call vote six (6) yes, three (3) no (Mr. Fenimore, Mr. Salters and Mr. Hare).
Mr. Fenimore moved to reaffirm the Planning Commission's recommendation that the property located on the corner of Route #8 and Mifflin Road retain the zoning classification of C-1A and that the Comprehensive Plan be amended to reflect the C-1A zone. The motion was seconded by Mr. Hare and approved by a roll call vote of six (6) yes and three (3) no (Mr. Lambert, Mr. Pitts and Mrs. Malone).
Mr. Hare moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Pitts and unanimously carried:
A. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE 1996 COMPREHENSIVE PLAN
B. ARTICLE 3, SECTION 24 - PLANNED RESIDENTIAL DEVELOPMENT
C. ARTICLE 3, SECTION 25 - RESIDENTIAL CLUSTER DEVELOPMENT
D. ARTICLE 4, SECTION 4.9 - R-20, R-15 AND R-10 CLUSTER DEVELOPMENT
E. ARTICLE 4, SECTION 4.10 - R-8, RM-1, RM-2 AND RG-1 CLUSTER DEVELOPMENT
F. ARTICLE 4, SECTION 4.11 - R-8, RM-1, RM-2 AND RG-1 CLUSTER DEVELOPMENT
G. ARTICLE 5, SECTION 12 - DENSITY BONUS
Mrs. Malone moved for adjournment, seconded by Mr. Fenimore and unanimously carried.
Meeting Adjourned at 8:35 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of May 28, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB