REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 28, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Pepper.
OPEN FORUM
The Open Forum was held at 7:30 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 wishing to speak during the open forum.
The invocation was given by Edler Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare requested the addition of item #1A, to consider action regarding the East Lake Partners Suit. Mr. Hare moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 14, 1994
The Minutes of the Regular Council Meeting of November 14, 1994 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hare and bore the written approval of Mayor Hutchison.
EAST LAKE PARTNERS SUIT
A joint workshop was held on November 28, 1994 with the members of City Council and the Planning Commission to discuss the East Lake Partners Suit filed against City of Dover Planning Commission. As a result of discussions at that meeting, Mr. Hare moved that a meeting be held by Members of the Planning Commission to direct the City Solicitor to file an appeal regarding the East Lake Partners Suit and that prior to the next Regular Council Meeting (December 12, 1994), a decision be made as to whether the City should pursue the appeal or if the appeal should be withdrawn based upon information that can be brought together by all interested parties. The motion was seconded by Mr. Weyandt.
Responding to Mr. Leary, Mr. Hare stated that the deadline for submitting an appeal is Tuesday, November 29th. He felt that the filing of an appeal at this time will give those involved the time necessary to decipher the judge's decision and the City's position. Mr. Hare explained that, unfortunately, an appeal is the only avenue to obtain clarification.
On a call for the question by Mr. Salters, the motion was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Pitts), and one (1) abstention (Mrs. Malone).
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY
Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. The following results from the November 21, 1994 Robbins Hose Company Election were read into the record:
Fire Chief - Edwin Baker, Jr.
Deputy Fire Chief - Carleton Carey, Jr.
First Assistant Chief - Wayne Hutchison
Second Assistant Chief - Alan Farling
Third Assistant Chief - Glenn Whitt
Fourth Assistant Chief - Allen Jones
Fire Line Captain #1 - Dan Lott
Fire Line Captain #2 - Trey Holland
Mr. Pitts moved for acceptance of the results as reported, seconded by Mr. Salters and carried with Council President Christiansen abstaining.
LEGISLATIVE AND FINANCE COMMITTEE FINANCE COMMITTEE REPORT
The Legislative and Finance Committee Finance Committee met on November 15, 1994 with Mr. Weyandt presiding in the absence of Chairman Salters.
Proposed Ordinance Amendments - Emergency Access Regulations
The Fire Safety Standards Review Committee presented members with proposed amendments to the Zoning and Subdivision Regulations related to emergency access to buildings and subdivision developments. Mr. DePrima explained that the proposed zoning text amendments would establish standards and requirements for the fire protection of structures and inhabitants by providing emergency vehicle access to structures that enable the City of Dover Bureau of Fire to approach and attack fires in such a way that there is a reduced threat to the lives and safety of citizens. The amendment also provides flexibility by authorizing the Planning Commission to waive the regulation of the section if equivalent alternative protection measures are proposed. Mr. DePrima advised members that the proposed amendments to the Land Subdivision Regulations would clarify street locations and layouts and how they relate to emergency access. The proposals were reviewed and approved by the Planning Commission and by local land developers, engineers and architects.
Mr. Weyandt objected to the provision that permits the Planning Commission to make exceptions to the ordinance, stating his opinion that if rules are made, they should be enforced uniformly for everyone.
After discussing the matter at length, the committee recommended approval of the proposed Zoning Text amendments and proposed amendments to the Land Subdivision Regulations and that a public hearing be set for December 12, 1994.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried. (The first reading of the ordinances will take place during the latter part of the meeting.)
DECCASA - Designated Implementation Agency
The Dover Substance Abuse Prevention Advisory Board recommended that the Dover Housing Authority serve as the Designated Implementation Agency (DIA) for the DECCASA project for the fiscal year ending August 31, 1995. The Dover Housing Authority will be awarded $37,500 to provide substance abuse prevention programming. In a letter from Yvonne Bunch, Community Prevention Coordinator, several issues were raised which must be resolved prior to final approval. Asked by Mr. Tudor if these issues have been resolved, Mr. O'Connor stated that the Dover Housing Authority has responded to the proposed issues to the satisfaction of the Board.
The committee recommended that the Dover Housing Authority serve as the Designated Implementation Agency (DIA) for the DECCASA project for the fiscal year ending August 31, 1995.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Quarterly Write-Off of Uncollectible Electric Bills
Members were provided with a list of uncollectible electric bills, in the amount of $20,605.27, which includes $1,275.34 from accounts that have filed bankruptcy. The list consists of those accounts from April 1, 1993 through June 30, 1993 that have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in our utility customer base.
The committee recommended endorsement of the write-off of uncollectible electric bills in the amount of $20,605.27.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 15, 1994 with Chairman Lambert presiding.
Route #8 Sewer Main Assessment
In conjunction with the 1993-98 Capital Improvements Plan, 595 linear feet of 8-inch sewer main was installed south of Route #8 from Bennington Street to Independence Boulevard. The final cost of the project was $41,333. There is a total of 998 feet of assessable frontage. In accordance with Section 18.7-2 of the Dover Code, the assessment charge will be $40 per front foot.
The committee recommended adoption of an ordinance providing a front foot charge of $40.00 to be assessed to the adjacent property owners. In accordance with Section 18.7-7 of the Dover Code, property owners may file a written notice of appeal of the assessment, at which time a hearing will be scheduled.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried. (The first reading of the ordinance will take place during the latter part of the meeting.)
Acceptance of Dedication of Rights-of-Way and Utilities - Heatherfield East Subdivision
The developer of Heatherfield East Subdivision has requested that the streets and utilities be accepted for maintenance and ownership by the City. Staff provided members with a map depicting the location and configuration of the rights-of-way. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. All repairs have been completed. A one-year maintenance agreement and bond and a release of liabilities have all been submitted.
The committee recommended acceptance of the dedication of Heatherfield East Subdivision.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Winter Contingencies - Electric Department
During the ice storm of 1994, the entire State of Delaware experienced severe weather conditions that caused havoc with electric utilities. Staff was requested to use the experience to enhance our procedures for the future. By the request of Council President Christiansen, Mr. O'Connor advised members that staff has corrected the radio and telephone communications problem, have initiated a more aggressive tree pruning program, replacement of old electric poles, and has included ice storms in the City's disaster plan. The plan now provides an informational officer to feed information to the media and establishes a work force so that the most experienced employees are not worked too much, too soon.
Mr. O'Connor stated that Mr. Don Knox has been appointed as Emergency Management Director and the City is now in the process of updating the Emergency Management Plan for the entire City. Hopefully, a plan will be available within the next few months for Council's review and acceptance. Mr. O'Connor reminded committee members that Unit #3 will be off-line this year due to a scheduled outage for its overhaul. During last year's ice storm, the City's units were called upon in order to have as much current on the system as possible. This could be a weakness in the event of a similar storm this year.
Committee members reviewed known deficiencies from last year's ice storm and agreed that no further action will be taken until after the Emergency Management Plan has been submitted for review and acceptance.
No further action was taken by Council.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
MONTHLY REPORTS - OCTOBER
By motion of Mr. Hare, seconded by Mrs. Malone, Council unanimously accepted the following reports for the month of October:
Chief of Police Report
City Clerk/Alderman Report (Fines)
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
As indicated in the Building Inspector and Fire Marshal's Report, a Wisconsin Law that allows cities to treat Drug Houses as public nuisances was forwarded to Mr. Rodriguez for his review. Mr. DePrima explained that the law allows cities to vacate, board up, raze, or sell homes used as drug houses. The city must first show evidence and have the home declared a public nuisance by a judge. Upon his review, Mr. Rodriguez indicated that a similar law could be adopted by the State or City.
Members of Council requested that the Legislative and Finance Committee Finance Committee discuss the concept of adopting an ordinance similar to the new Wisconsin Law allowing the City to declare drug houses as public nuisances.
By motion of Mr. Hare, seconded by Mr. Salters, Council unanimously accepted the following reports for the month of October:
Building Inspector and Fire Marshal Report
City Assessor Report
City Manager Report
General Fund, Cash Receipts & Budget Report
FIRST READING - PROPOSED ORDINANCES
Mr. Hare moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried. 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. Final action by Council on the proposed ordinances will take place during the Council Meeting of December 12, 1994.
Mr. Hare moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
Zoning Code - Article 5, Section 17 - Emergency Access Requirements
Land Subdivision Regulations - Article VI, Section A - General Requirements and Design Standards - Streets
Route #8 Sewer Assessment - Project #94-13
Mr. Weyandt moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:53 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 28, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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