COUNCIL COMMITTEES
The Council Committees Meeting was held on May 24, 1994, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters, Mr. Hare and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
There were no additions or deletions to the agenda.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Weyandt.
PROPOSED CHARTER CHANGES
Members of Council held a public hearing on February 17, 1994, to accept public comment on proposed Charter changes which relate to the City Manager reporting to the Mayor and other increased responsibilities of the Mayor. Council deferred action on the proposed Charter changes until after the 1994 Municipal Election.
Rather than amending the Charter as previously considered, Mr. Salters suggested that the Office of the Mayor be strengthened by amending the Code.
Mr. Tudor questioned the need to have any change made to the current system since the City has recently hired a new City Manager and has obtained a new Mayor.
Mrs. Malone read portions of a newspaper article written in July 1931 titled "Dover Pioneers City Manager Form of Government". The article indicated that the results of this form of government have been so successful that Dover citizens are expected to retain this form of government indefinitely. She stated that the City's current form of government has been the same since 1929 and recommended no change to the current system.
Council President Christiansen felt that since the Mayor's Office is listed in the City Charter as the Chief Executive of our City, the Mayor should share more in the responsibility of the daily operations of the City. He stressed, however, that the Mayor should not interfere with the professionalism of the City Manager. The Mayor should assist the City Manager and serve as ombudsman.
Mr. Hare advised members that the City currently does not have a true City Manager form of government since we have a Mayor and Council President. He suggested that the City return to a City Manager form of government whereby Council is led by the Mayor and the Mayor presides over Council meetings as the Chief Executive Officer for the City.
Although Mr. Lambert agreed that the current form of government should be maintained, he felt that the Mayor should be more visible and have a more active role in the policy making of the City.
Mayor Hutchison stated that the Mayor is elected by the people just like members of Council. Feeling that it is extremely important that the Mayor and Council work as a team, he felt that the Mayor should be in the flow of the day to day operations of the City. Mayor Hutchison stated that the Mayor has just as much responsibility to the citizens of the City as each member of Council. He noted that the current table of organization indicates the citizens of Dover and then Members of Council with the Mayor's Office off to the right. Mayor Hutchison requested that the table of organization be modified with the citizens of Dover at the top, then the Mayor, the Council President, Members of City Council and the others remain as are currently shown. This would provide the City Manager with the responsibility of reporting to the Mayor as well as City Council.
Referring to Mayor Hutchison's suggestion on the modification of the table of organization, Council President Christiansen requested that there be no discrepancy between Council President and Members of City Council. It was his feeling that the Mayor could be provided with more responsibilities with the approval of a motion directing the City Manager to report to the Mayor as well as Council. He suggested that a modification to the table of organization be made to indicate that the City Manager also reports to the Mayor.
Mr. Hare noted that with the proposed table of organization, the Mayor would be placed above Council. He felt that the table of organization should indicate the Mayor and Members of Council at one level, otherwise, Council would be reporting to the Mayor as well.
Responding to Mr. Weyandt, Mayor Hutchison stated that the Mayor would not have anymore power over the City Manager than any member of City Council.
Mr. Weyandt moved to recommend that the current form of government be maintained, authorizing the Mayor to confer with the City Manager, with no more power than any member of Council. The motion was seconded by Mr. Salters.
Mr. Lambert requested that the proposed table of organization be presented to members prior to Council approval.
Mrs. Rexene Ornauer, 17 Mifflin Road, reminded members that past and future City Managers and Mayors should have no relevance to the discussion. Since the form of government is a method of operation, Mrs. Ornauer felt that individuals and their strengths and weaknesses should not be considered. She stated that there have been three committees established to study the City's form of government, with all recommending that the form of government be changed. Mrs. Ornauer relayed concern with Council having a conflict of interest in discussing this matter and urged their consideration of the recommendations made by the study committees.
Mr. Charles Weller, 241 Fiddlers Green, stated that although he felt that the Mayor should have more responsibilities, he did not feel that it should be accomplished through a Charter amendment.
On a call for the question by Mr. Weyandt, the motion recommending that the current form of government be maintained and that the Mayor be authorized to confer with the City Manager, with no more power than any member of Council, was unanimously carried. (Note: The current Table of Organization (Attachment #1A) is being provided for reference and two separate proposed Table of Organizations (Attachment #1B and #1C) have been devised according to the committee's discussion).
PROPOSED ORDINANCE AMENDMENT - SECTION 2-70 - REIMBURSEMENT OF EXPENSES - MAYOR
During their Regular Meeting of March 28, 1994, Council considered the recommendation of the Citizens Committee that the salary level for the Mayor be set at $5,000 annually and the Mayor be allocated an expense account of up to $5,000 to be used for payment of expenses, with receipts or proper documentation, stipulating that expenses in excess of the $5,000 cap be permitted only by Council approval. Council tabled action on amending the remuneration level for the Mayor until the Mayor's duties were determined.
Mr. Salters moved to recommend that Section 2-70 of the City Code be amended to comply with the recommendation of the Citizens Committee (Attachment #2). The motion was seconded by Mr. Weyandt and unanimously carried.
PLANNING COMMISSION - TERM EXPIRATION
In considering Planning Commission appointments during their meeting of March 14, 1994, members relayed concern with the appointments taking place just prior to the Mayoral elections. Noting that at one time, the election was held in January and the Planning Commission appointments were made in February, it was felt that when the election date was changed to April, the Council at that time failed to move the appointment date of Planning Commission members. As directed by Council, City Solicitor Rodriguez researched the nature of the Planning Commission appointments being in February and the concept of an appointee serving beyond his term expiration date in the event that a new appointment has not been confirmed.
Mr. Rodriguez indicated that the composition of the Planning Commission is controlled by 22 Del. C. §701 which provides that Planning Commissions may be created by municipalities, the members to be appointed by the Mayor subject to confirmation by Council. He also indicated that an incumbent would continue to serve on the Planning Commission until his successor is appointed. Mr. Rodriguez advised members that an ordinance could not be located which establishes the expiration date for terms of members of the Planning Commission. In changing the term expiration date, he suggested that Section 17-1 of the Dover Code be amended.
Responding to Mr. Weyandt's concern with the possibility of needing to change term appointments for other committees, Council President Christiansen stated that staff has researched this matter and assured members that there is no need to change any other committee appointment term expiration dates.
Mr. Salters moved to recommend that Section 17-1 of the Dover Code be amended to provide Planning Commission appointments to be made in June and that incumbent members continue to serve until a successor is appointed (Attachment #3). The motion was seconded by Mr. Leary and unanimously carried.
COUNCIL VOTING - ROLL CALL VOTES (COUNCIL PRESIDENT CHRISTIANSEN)
During their meeting of April 26, 1994, members considered requiring a 2/3 vote of Council on roll call votes for the approval of all ordinances, bids, contracts, rezonings, and annexations and that a 3/4 vote be required on motions to purchase or sell City property above $50,000 in value. Noting that several members of Council were absent, it was agreed that the committee will continue to review the matter for a recommendation to Council.
It was noted that with the present system, one vote could change a momentous event. Some members agreed that there are certain items of utmost importance that come before City Council that should require an absolute vote rather than just a majority.
Responding, Mr. Salters felt that it would be difficult to determine which items are of utmost importance since you have several different personalities on City Council that feel very strongly and differently concerning certain issues. He reiterated his concern that any change to the present voting system would be circumventing the entire democratic process, whereby the majority rules. Mr. Salters felt that a change would be unconstitutional and suggested that a legal opinion be obtained regarding this matter.
In order to determine which items are of utmost importance, Mr. Tudor suggested that Council consider the effect a decision would have and if it could be reversed. If a decision could not be reversed, it was his feeling that it should be considered a critical motion and a 2/3 vote should be required.
Mr. Pitts referred to the sale of the City Hall Parking Lot, which was accomplished by a five (5) to four (4) vote, and relayed concern with the sale of the Power Plant. He stated that once the decision to sell property has been made, it can never be reversed.
Mr. Richard L. Ornauer, 17 Mifflin Road, stated that the super majority is, in effect, allowing a minority of Council rule. Noting that members indicated that the sale of the City Hall Parking Lot and Power Plant are majority issues, he questioned if the budget for the United States of America is a major issue. Mr. Ornauer reminded members that the budget for the United States of America was approved by a tie breaker vote of the Vice-President and that the budget for the State of Delaware was approved by a tie breaker vote of the Lt. Governor. Agreeing that the sale of the Parking Lot and Power Plant are major issues for the City of Dover, Mr. Ornauer requested that Council place these issues in context with the Budgets of the United States and the State of Delaware. He requested that members of City Council not allow the minority to rule since it is very easy to obtain three negative votes.
Mr. Salters moved to recommend no change to the current voting requirements. The motion failed due to the lack of a second.
Mr. Weyandt recommended that consideration of this matter be deferred until a legal opinion is obtained from the City Solicitor.
Responding to Mr. Leary, Mr. Salters stated that this issue was tabled by Council and will remain on the table until the committee presents a recommendation.
Mr. Weyandt moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:30 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilwoman Malone, Councilman Pitts and Mr. Coleman.
NOISE ORDINANCE REVIEW (COUNCILMAN HARE)
Feeling that the City's current noise ordinance is vague, Mr. Hare requested consideration of establishing a more concrete ordinance. He advised members that according to the State's Ordinance, one is in violation of the noise ordinance if the noise level has exceeded an established decimeter level and a ticket is issued. Mr. Hare explained that it is very difficult for the Police to determine if the noise ordinance has been violated since what one individual may feel is disturbing may not be to another individual. Therefore, he felt that there is a need to obtain a device that measures noise levels. This would require the City's noise ordinance to include a decibel level that must be maintained. Mr. Hare explained that the decibel level would be measured with a portable decimeter.
Chief Smith advised members that staff has been reviewing the possibility of obtaining some type of decimeter. He stated that the use of these decimeters has its advantages and disadvantages and that it would require the need to amend the current noise ordinance. Chief Smith requested the opportunity to thoroughly investigate this concept and formulate a recommendation for the committee's review.
Mrs. Ornauer stated that sound is a very complicated subject and that noise is difficult to define. She explained that on a quiet, hot and humid, summer night the constant sound of a bass from a nearby nightclub is extremely annoying; however, even with a decimeter, this type of noise would not be in violation of the noise ordinance. Mrs. Ornauer relayed concern with citizens obtaining relief from constant annoying sounds.
Mrs. Malone moved to recommend that this matter be referred to the Chief of Police for further review and that a recommendation be formulated and presented back to the committee. The motion was seconded by Mr. Pitts and unanimously carried.
Mrs. Malone moved for adjournment, seconded by Mr. Pitts and unanimously carried.
Meeting Adjourned at 8:50 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hare and Tudor and Mr. Carey.
DELDOT ISSUES (COUNCILMAN LAMBERT)
Mr. Lambert requested that the committee review the status of various issues involving DelDOT. He advised members that DelDOT has proposed to transport 70,000 to 80,000 truck loads of dirt from the northeast side of town to the southern section of town, in the vicinity of the Puncheon Run Connector. The purpose of transporting the dirt was to create wetlands on the east side of town and help fill-in the area of the Puncheon Run Connector. Mr. Lambert reminded members that it will be several years before the Puncheon Run Connector project is funded. He also relayed concern with the proposal to dump dirt in the vicinity of the St. Jones River for the Puncheon Run Connector.
In addition, Mr. Lambert requested that the committee review the goals of DelDOT to be accomplished with the construction of the SR1 by-pass. Noting that DelDOT indicated that truck and car traffic would be diverted around the City, he questioned the signage on the north side of town travelling south on the SR1 that directs traffic off the by-pass to go to Seaford and the lack of signage travelling north on Route 13 to direct traffic onto Route 10. Mr. Lambert relayed concern with the toll structure that is currently in place and how it is not accomplishing the goal of encouraging traffic to utilize the by-pass.
Advising members of the status of truck traffic through the City, Mr. DePrima stated that there is a wetlands mitigation project occurring as a result of wetlands that were destroyed during the construction of the SR1. He provided members with a map depicting the areas where the wetlands are being created. In order to create the wetlands, DelDOT is transporting dirt from one area to another. Mr. DePrima advised members that the majority of the dirt is being transported to a site located between the DelDOT Administration Building and Capitol Park and that dirt is also being transported to a site located near the Dennys Road exit. The map also depicted the proposed truck routes, as follows: 1) Puncheon Run Project - loaded trucks to utilize SR1 travelling south and unloaded trucks to return travelling north on Route 13 to Route 88 (Leipsic Road); 2) DelDOT Administration Building and Capital Park site - loaded trucks to utilize a series of minor roads and unloaded trucks to return utilizing Route 13 until accessing minor roads. Mr. DePrima advised members that DelDOT will present these proposed truck routes to the Federal Highway Administration for final approval.
Responding to Mr. Tudor's concerns regarding damages to the roads that will be utilized, Mr. DePrima stated that the truck routes are State owned roads and are maintained and operated by the State.
Mr. Eugene Ruane, Chairman of the Public Advisory Committee, advised members that the proposed truck routes must be presented to the Federal Government for approval. He suggested that the Utility Committee go on record in support of the proposed truck route utilizing SR1 rather than Route 13.
Mrs. Claudette M. Dean of 66 Laurel Drive, expressed her concern with the St. Jones River. As an alternative to the proposed truck route, she suggested that the dirt be placed in another location. She advised members that there are large wetlands located along Route 10 and near Garrisons Lake that have not been mitigated. It was her feeling that DelDOT does not have the need to place the dirt in the proposed areas at this time. Noting that the Puncheon Run Project is not proposed to begin until 1998, Mrs. Dean felt that DelDOT is beginning the project at this time by placing the dirt in the area of the proposed project location. She stated that once the dirt is stocked in an area near the river, it eventually leaches down into the river.
Concurring, Mr. Chris Zimmerman, St. Jones Greenway Commission and Delaware Watershed Association, also relayed his concern with the initiation of the Puncheon Run Project.
Mr. Carl Solberg, St. Jones Greenway Commission, stated that the Federal Coastal Management Act Reauthorization of 1990 requires that the Delaware Coastal Management Program be in place, providing consistency reviews for activities within the coastal zone. He advised members that the Puncheon Run Project is within the coastal zone and requires Delaware Coastal Management Plan approval and consistency reviews. In spite of the February 1992 amendment to the Chapter in Title 7, which covers subaqueous lands permits, Mr. Solberg advised members that there is still the requirement for DelDOT to obtain subaqueous permits for this project. He stated that the project is not construed as a retrofit or maintenance activity, which are the only reasons subequious permits would not be required of DelDOT. Mr. Solberg explained the importance of recognizing that DelDOT has a variety of Federal and State obligations that must be met prior to the initiation of the Puncheon Run Project.
Responding to Mrs. Dean, Mr. Ornauer stated that the Council on Transportation, which is a legal entity composed of citizens from New Castle, Kent and Sussex Counties, is responsible for the actions taken by DelDOT. He suggested that citizens contact the Council on Transportation and relay their concerns and complaints regarding the Puncheon Run Project.
Noting the late hour, members agreed with Mr. Lambert's suggestion that any further discussion regarding these DelDOT issues be postponed until the Council Meeting.
BID - TAR DITCH IMPROVEMENTS - DIVISION STREET TO FOREST STREET
In conjunction with the City's 1994/95 Capital Improvement Plan, it was proposed to enclose a portion of the Tar Ditch by installing approximately 250 L.F. of concrete pipe between Division Street and Forest Street. This project will eliminate maintenance problems with this section of the ditch and help eliminate trash entering the system through the open drainage area. Funding for this project was obtained in the 1993 General Obligation Bond Issue.
Staff recommended awarding the contract to the low bidder, Willow Oak, Inc., in the amount of $37,665.08.
Mr. Hare moved to recommend acceptance of staff's recommendation, seconded by Mr. Carey and unanimously carried.
BID - ROUTE #8 SANITARY SEWER MAIN EXTENSION
In conjunction with the City's 1993/94 Capital Improvements Plan, it was proposed to construct approximately 700 L.F. of eight (8) inch gravity sewer from Bennington Street toward Independence Boulevard. A portion of this project will be assessed to properties which are currently on septic systems. Staff recommended awarding the contract to the low bidder, Teal Construction, Inc., in the amount of $52,545.00.
Mr. O'Connor advised members that the property owners to be assessed as a result of this project have been notified by certified mail and invited to attend this meeting. Based on the low bid, the assessment charge for this project will be the maximum allowed by ordinance which is $40.00 per front foot.
Mr. Hare moved to recommend that the contract for the Route #8 Sanitary Sewer Main Extension be awarded to Teal Construction, Inc., in the amount of $52,545.00. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Hare moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:55 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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