REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 24, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Leary, Pitts, Malone, Hutchison, Salters and Hare. Mr. Tudor was absent.
Council staff members present were Chief Smith, Mr. Lucas, Ms. Swain, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Rabbi Goldblum, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare requested the addition of item #2C to consider a Resolution for the Capital School District. Mr. Salters requested the addition of item #7F to discuss the refinancing of General Obligation Bonds.
Mr. Lambert moved for approval of the agenda as amended, seconded by Mr. Hare and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 10, 1993
The Minutes of the Annual Council Meeting of May 10, 1993 were unanimously approved by motion of Mr. Leary, seconded by Mr. Hutchison and bore the written approval of Mayor Knopf.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 3, 1993
The Minutes of the Quarterly Open Town Meeting of May 3, 1993 were unanimously approved by motion of Mr. Salters, seconded by Mr. Hare and bore the written approval of Mayor Knopf.
RESOLUTION - IRVING S. LEVITT
By motion of Mr. Salters, seconded by Mr. Hare, Council unanimously adopted the following Resolution:
WHEREAS, Irving S. Levitt was appointed as a civilian member of the City of Dover Utility Committee on February 28, 1977 and he served in that capacity until May 11, 1987 when he was sworn into office as City Councilman of the Third District; and
WHEREAS, during his six years on City Council, Mr. Levitt was a member of nearly every City Council Committee, having served as Chairman of Police and Civilian Pension Committees, the Utility Committee and the Legislative and Finance Committee; and
WHEREAS, during his term in office, Mr. Levitt displayed a quality of leadership that fostered respect from his colleagues, offering special expertise in the areas of cable television and water, sewer and electric utilities; and
WHEREAS, during his six years on City Council and an additional 10 years on the Utility Committee, Mr. Levitt displayed an unselfish devotion to his duties, sacrificing countless hours of personal time for the good of the community and welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize the contribution to the community and the unselfish devotion to the City of Dover by Councilman Irving S. Levitt.
BE IT FURTHER RESOLVED that the Mayor and Council extend their best wishes to Councilman Levitt and wish him good health and happiness in the future.
ADOPTED: May 10, 1993
Mr. Levitt was presented with a City Plaque, Dover Cup, and City Key in recognition of Council's appreciation for his many years of service to the City of Dover.
Mr. Levitt made the following remarks:
"I urge the citizenry to utilize the 15 minute open forum to express their thoughts and concerns to members of Council. With many senior citizens retiring in Dover, the average age of our population is increasing. This could make it more difficult to gain popular support to fund and expand parklands and create recreational and sports areas for our young people. It could become more difficult to upgrade historic areas and to allocate funds for cultural enrichment and greater support for the arts. People on fixed, retirement incomes are usually interested in preserving the status quo - no new programs, no new facilities, no new capital projects which are really for future generations. We must confront this new isolationism - this head-in-the-sand, know nothing syndrome. With an unswerving commitment to the common good, not only for this generation, but more importantly, for the ones that follow. In City Council, this should be our measure and our guide. Thank you for the gifts."
RESOLUTION - DELAWARE STATE COLLEGE
By motion of Mr. Pitts, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, Delaware State College has been a significant part of the State of Delaware for more than one hundred years and is the only 1890 land-grant institution in the State; and
WHEREAS, Delaware State College serves as an invaluable resource that significantly impacts the economic development of the City of Dover and contributes immensely to the cultural and social enrichment of the citizens of the City of Dover; and
WHEREAS, the institution is in the process of seeking a change of name as most comparable institutions to Delaware State College carry the "university" designation; and
WHEREAS, the "university" designation will serve to make Central and Southern Delaware even more attractive to new businesses and to potential employees of new and existing businesses; and
WHEREAS, Delaware State College has distinguished itself in the areas of instruction, research and public service and is a comprehensive institution offering bachelor's degrees in more than eighty areas and master's degrees in eleven fields; and
WHEREAS, the "university" designation will improve the institution's ability to compete with peer institutions for outstanding students and faculty and will make a graduate more marketable in a competitive job market; and
WHEREAS, the name change will not change the role, priorities and mission of Delaware State College but will better reflect the scope and level of operation of Delaware State College.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover fully endorses and supports Delaware State College in its efforts to attain university status.
ADOPTED: May 24, 1993
The Resolution was accepted by Dr. William DeLauder and Drexel Ball on behalf of Delaware State College. Dr. DeLauder expressed his appreciation to Mayor and Council for their support in the attempts of the College to change their name to Delaware State University. It is felt that the name change will have a very positive impact on the College, the City of Dover, Kent County, and the State of Delaware.
RESOLUTION - CAPITAL SCHOOL DISTRICT
By motion of Mr. Hare, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, a graduation and appreciation ceremony was held on May 17, 1993 for over 100 teachers and staff who successfully completed the Capital School District Computer Application Program; and
WHEREAS, teachers and staff from East Dover, South Dover, Hartly, Towne Point, Fairview, and Chapter I participated in the Computer Application Training Program which was initiated to train and enhance instructional staff in the use of advanced technology in the classrooms; and
WHEREAS, each elementary school may receive a student lab if at least 50% of the staff are trained in five different computer applications which include word processing, drawing, data base, spread sheet and networking; and
WHEREAS, due to the diligence of the elementary school staff, each district elementary school will have access to a lab in their own school building which will allow children to become proficient in word processing and drawing; and
WHEREAS, computers make learning fun and both teachers and children are gaining much more knowledge thanks to the new and innovative MacIntosh program in the Capital School District.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council express their extreme pride in the participants in this program for working so faithfully and giving so generously of their time in providing an outstanding education to the children in our community.
ADOPTED: May 24, 1993
Mr. DeFelice accepted the Resolution on behalf of the Capital School District, relaying their appreciation for the recognition by City Council.
SERVICE PRESENTATION - GROVER BIDDLE
Mayor Knopf and Mr. Gary Patterson, President of the DDDC, presented Mr. Grover Biddle with a City Plaque in recognition of the City's appreciation for the time Mr. Biddle served as a member of the Downtown Dover Development Corporation.
Mr. Grover Biddle accepted the plaque and relayed his appreciation to Mayor Knopf and members of Council.
SERVICE PRESENTATION - MARY FLOOD
Mrs. Mary Flood was presented with a City Plaque in recognition of the City's appreciation for the time Mrs. Flood served on the Dover Arts Council. Mayor Knopf, Mr. David Skocik, Chairman of the Dover Arts Council, and Mr. Bob Moyer relayed their appreciation for Mrs. Flood's contribution to the Arts Council.
Mrs. Flood relayed her appreciation for the plaque and urged continued support for culture and arts in Dover.
PROCLAMATION - MARION TRACY
Mayor Knopf issued the following Proclamation:
WHEREAS, Marion D. Tracy was the owner and director of the Marion Tracy Dance Studio in Dover for thirty years and has now chosen to retire from the dancing profession; and
WHEREAS, Marion D. Tracy has worked with the City of Dover to bring the art of dance to as many school children as possible; and
WHEREAS, Marion D. Tracy worked many years teaching the Maypole Dance for Old Dover Days and originated the Old Dover Days Parade; and
WHEREAS, Marion D. Tracy co-founded the Delaware Regional Ballet Company to advance the art of dance as well as the training of dancers in this area; and
WHEREAS, Marion D. Tracy has dedicated most of her life to teaching children to dance while gaining their love and respect; and
WHEREAS, graduates of the Marion D. Tracy Studio are now in dance companies all over the world; and
WHEREAS, Marion D. Tracy has served as a member of the Dover Arts Council since its establishment in 1989, where she continues to assist other members in providing the community with quality cultural and educational entertainment experiences and fertile opportunities to explore the arts of visual displays, music, theater, and dance performances.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim May 15, 1993 as "MARION D. TRACY DAY" in the City of Dover and urge all citizens to join in recognizing and honoring the talents and accomplishments of Marion D. Tracy and extend our heartfelt thanks and best wishes for a happy retirement.
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 730 RIVER ROAD
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 730 River Road, owned by the United States Government. The Building Inspector, Mr. DePrima, showed slides depicting the structural deterioration throughout the building including rotted flooring and siding, and broken windows. The plumbing and electric systems are also in disrepair.
Mr. DePrima stated that the property was declared dangerous on March 17, 1993 and was the second time the property was posted as dangerous. The property was posted under the former owner, but the property was taken over by the federal government under the RICO laws.
The estimated cost of demolition is $7,500. In order to keep the dwelling safe during the process of declaring it dangerous, the City boarded up the windows and doors. Although the federal government was told to take the necessary steps, no action was taken. Mr. Hare suggested that the City Solicitor look into the legality of charging the federal government for the costs of boarding up the property and the time taken by City employees to perform the work.
Council President Christiansen declared the public hearing open.
Ms. Emily G. Morris of 744 River Road spoke on behalf of approximately 74 parents, over 150 children that attend her child care facility, 20 staff members, 25 student workers, 12 foster grandparents, 15 Read-A-Loud volunteers, and neighbors and well wishers too numerous to count. Her child care facility has been in operation in this vicinity since 1969. They have never experienced such horrifying events as they have over the past few years. The neighbors and homeowners have had to deal with this property being used by drug dealers, where the drug traffic was so heavy, it could be compared to an active supermarket. In-house, as well as open-air, drug dealing was very evident to everyone. Those visiting this facility had begun to trespass through private property, including the child care facility's playground, to gain access to the drug house. Thanks to the local police, the problem was addressed and the neighbors have been relieved. Just recently, activity around the house has started again. The drug activity in this area has caused an extreme hardship to the child care facility and to the neighbors. She urged Council to support demolition of this property.
Mr. T. Magoo Dorcy of 1131 S. Bay Road spoke in favor of the demolition of the property. He suggested that once the building is demolished, the federal government should donate the land to the adjoining day care facility and that the entire facility be fenced to ensure the safety of the children while at day care.
Mr. Christopher Amalfitano, attorney representing Sears Mortgage Corporation who is the loan processor for the mortgage holder (Beneficial Bank), spoke against demolition of the property. The federal government acknowledged ownership of the property, but there has been confusion over the official owner at the present time. The federal government has taken the position that they no longer own the property and that they deeded it to Sears Mortgage Company. However, the deed has been voided because the federal government is limited in conveying property to a record lien holder. On behalf of Sears Mortgage Company, Mr. Amalfitano requested that they be given an opportunity to renovate the property. They have been unable to make any repairs to date due to the confusion over the official owner.
Asked by Mr. Hutchison if the City has taken the necessary steps in notifying the legal owners of the status of this property, Mr. Rodriguez stated that proper notification has been accomplished.
Council President Christiansen declared the public hearing closed.
Feeling that City Council has an obligation to provide for the public's safety, Mr. Lambert moved that City staff take the necessary steps to have the property repaired or demolished within 10 days, in accordance with the City of Dover Code of Ordinances Chapter 5, Buildings and Building Regulations, Article 5, Dangerous Buildings. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Tudor absent).
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 91 N. WEST STREET
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 91 N. West Street, owned by Mrs. Theo Braunskill. The Building Inspector, Mr. DePrima, showed slides depicting the structural deterioration throughout the building including rotted timbers and foundation, and potential for collapse and fire.
Mr. DePrima stated that the property was declared dangerous on April 21, 1992, but the demolition process was halted since a building permit was taken out. However, no construction or repair ever took place and the property was again declared dangerous.
Council President Christiansen declared the public hearing open.
Mr. Arnold Braunskill of 76 Albany Avenue, Riverhead, NY, was present representing Mrs. Theo Braunskill, owner of the property. Mr. Braunskill requested that the property not be demolished and that they be given an opportunity to repair the structure. The property was inherited by Mrs. Braunskill but while raising her four children and paying for college expenses, there has been very little additional funds for repair of the property on West Street. Upon receiving notification of the dangerous building status from the City last year, Mrs. Braunskill started the process of attempting to obtain grants to repair the premises. She has not been successful since her income level makes her ineligible for low income grants and ineligible for conventional funding. Her financial picture is looking a little brighter and she now feels that she can begin some repairs to the building.
Asked by Mr. Salters how long it would take to bring the structure up to the City's Code requirements, Mr. Braunskill was unable to project a time frame for completion. He stated that they would make the repairs in phases, as funds are available.
Mr. Jerome Cooper, City of Dover Inspector, felt that rehabilitation costs would be greater than the value of the structure.
Council President Christiansen declared the public hearing closed.
Mr. Pitts moved that City staff take the necessary steps to have the property repaired or demolished within 10 days, in accordance with the City of Dover Code of Ordinances Chapter 5, Buildings and Building Regulations, Article 5, Dangerous Buildings. The motion was seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Tudor absent).
COUNCIL COMMITTEE APPOINTMENTS
Council President Christiansen offered the following Council Committee appointments for Council's confirmation.
LEGISLATIVE AND FINANCE COMMITTEE UTILITY COMMITTEE
Reuben Salters, Chairman Robert Lambert, Chairman
Thomas Leary James Hutchison
William Hare Robert Tudor
John Hindman, Civilian Member Carleton Carey, Civilian Member
PARKS AND RECREATION COMMITTEE SAFETY ADVISORY COMMITTEE
John Pitts, Chairman William Hare, Chairman
Robert Tudor John Pitts
Holly Malone Holly Malone
Luis Caballero, Jr., Civilian Member Fire Chief, Ex-Officio Member
Kathleen S. Maxted, Civilian Member Police Chief, Ex-Officio Member
PENSION COMMITTEE - CIVILIAN PENSION COMMITTEE - POLICE
Reuben Salters Reuben Salters
Thomas Leary Thomas Leary
CODE BOARD OF APPEALS LIAISON TO KENT COUNTY
James Hutchison, Chairman Reuben Salters
Holly Malone William Hare
Robert Tudor
James Hutchison
KENT COUNTY TOURISM Mayor Knopf
John Pitts
CABLE FRANCHISE
LIAISON TO CHAMBER OF COMMERCE Robert Lambert
AND GREATER DOVER COMMITTEE Holly Malone
James Hutchison Irving Levitt
William Hare Mike Karia
NOTE: The Mayor is an ex-officio member of all Council Committees.
Mr. Hare moved for confirmation of the appointments as presented, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on May 11, 1993 with Chairman Salters presiding.
Robbins Hose Company - Ordinance Amendments
Since an additional fire station is being created, the Robbins Hose Fire Company recommended that Sections 7-31, 7-32, 7-33 and 7-44 be amended to provide an additional Assistant Fire Chief and Fire Captain to the fire department's present organization.
The command structure for the fire department will commit two (2) Assistant Fire Chiefs and one Captain to operate out of Fire Station #2 and the Fire Chief, Deputy Fire Chief, two (2) Assistant Fire Chiefs and a Captain to operate out of Fire Station #1.
The committee recommended that Sections 7-31, 7-32, 7-33 and 7-44 of the Dover Code be amended as recommended by the Robbins Hose Fire Company
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The first reading of the ordinances will take place during the latter part of the meeting.)
Proposed Relocation of Computer Center
When the City leased space in the WSFS building from the Downtown Dover Development Corporation, one of the occupants planned for the building was the Computer Center. During the past six months, staff has been investigating options for renovation of the basement to meet the needs of the Information Services Department at a reasonable cost.
Through the cooperation of the Public Works, Electric, Building Maintenance, and Information Services Departments, an estimated cost of relocation has been reduced from $150,000 to $65,600. The renovations will be accomplished primarily by City staff. There are sufficient funds in the department's 1992/93 budget to cover these expenditures. The renovations will allow the computer center to occupy the basement of the WSFS building, including the establishment of a small training facility to be utilized by City staff for training in new technologies.
Ms. Swain reminded the committee that the Space Needs Study recently conducted identified several departments in need of additional space. The study indicated that there is a need for an office area for members of City Council, additional space requirements for the Planning and Inspections Department, Finance Department and the City Clerk's Office. By moving the Computer Center, it is anticipated that those areas identified in the study could be accommodated.
Considering that the City has planned to relocate the Computer Center to the basement of the WSFS building, the current estimates, and that the City has sufficient funds in the 1992/93 budget to complete the move, staff recommended authorization for the relocation of the Computer Center to 5 East Reed Street and the allocation of $65,600 from the 1992/93 Computer Center budget for the project.
The committee recommended authorization for the relocation of the Computer Center to 5 East Reed Street and the allocation of $65,600 from the 1992/93 Computer Center budget for the project.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary.
Noting that additional information has recently been discovered, Mr. Hutchison moved that action on the matter be tabled for further review. The motion was seconded by Mr. Hare and unanimously carried.
Schedule - 1993/94 Budget Hearings
The proposed 1993/94 City of Dover Operating Budget was presented to City Council on May 10, 1993. The committee recommended that the budget hearings be set for June 1st, June 2nd and June 3rd. The hearings will begin at 6:30 p.m. and continue no longer than two hours.
Council took no further action.
Council Voting Procedures
In the past, during Council Meetings, roll call votes have been taken beginning from the first person seated at the right of the Council President and continuing counterclockwise, with the Council President voting last. Some members of Council have suggested that roll call votes be alternated. During the Annual Council Meeting of May 10th, Council President Christiansen stated that the Clerk alternated roll call votes from left to right and requested the committee's response or suggestions.
Mr. Tudor suggested the use of electronic voting, explaining that voting buttons would be placed at the desk of each member of Council. When the Council President has asked for a vote, each member of Council would press the appropriate button and their vote would then be locked in. Once all members of Council have voted, the Council President or Clerk would hit a release button and the votes will either be displayed on a board or could be read aloud by the Clerk. Mr. Tudor advised members that the Planning Commission has these same concerns and could also utilize the electronic voting system. He stated that he is aware of two companies that provide electronic voting systems and should there be an interest, he offered to solicit estimates to be presented to the committee for review.
Council President Christiansen and Mr. Pitts relayed concern with utilizing an electronic voting system, feeling that each member should have an opportunity to vocally vote for or against matters.
The committee recommended that the concept of utilizing an electronic voting system be further investigated, and that in the meantime, roll call votes during Council Meetings be alternated.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hutchison and unanimously carried.
Seating Arrangement - Council Committee Meetings
Members of Council relayed concern with the current seating arrangements for Council Committee meetings, noting that it is very difficult for people in the audience to hear the proceedings of the meeting since there is insufficient microphones at the tables and that staff should be facing the audience.
The committee recommended that members of Council sit at their regular seats during Council Committee meetings, with civilian members and staff utilizing the remaining available seats.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hutchison and unanimously carried.
Refinancing - General Obligation Bonds
City Council recently approved a bond issue in the amount of $981,640 for the 1993 Street Program, Tar Ditch Project Phase 2, and the material storage building and other related projects. At the current time, the City has 1987 and 1988 General Obligation Bonds outstanding in the amount of $2.2 million. The bonds could be refinanced at a lower interest rate and would save the City money. The current rate on the bonds is 6.4% to 6.8%. The rate on the new bonds will be around 4.8%. If the 1987 and 1988 bonds were refinanced at today's rate, a significant amount of savings would be realized.
The bond issues for the new money ($981,640) and for the refinancing ($2,355,000) could be combined. A bond referendum is not needed for refinancing of bonds. One combined bond issue will save the bond issue expenses and staff time. The combined savings is as follows:
Savings On Estimated Savings
Refunded Bonds $70,000
Bond Issue Expense 10,000
Total $80,000
Mr. Salters moved that a previously created subcommittee, consisting of Mayor Knopf, Mr. Leary, Mr. Salters and Mr. Karia, be authorized to move forward on a bond issue that would include new bonds in the amount of $981,640 and refinancing of the 1987 and 1988 bonds in the amount of $2.2 million, for a total bond issue of $2.355 million. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote (Mr. Tudor absent).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 11, 1993 with Chairman Lambert presiding.
Abandonment of 14' x 75' Parcel - Kent General Hospital
The committee considered a request of Kent General Hospital for abandonment of a dead end alley (14' x 75'), located on the east side of South New Street, approximately 405 feet north of South Street, which was the former Firestone site.
Kent General Hospital is planning demolition of the old Firestone building and erection of new buildings. The alley would interfere with the development of the property by creating unusual setback requirements that would split the property. Abandonment of the alley would create a more uniform lot for Kent General Hospital's plans which would promote a superior site plan for the future buildings. Noting that the alley was utilized by the City as an access way to a storm drain, the City Engineer has requested that a storm drain access easement be maintained across the length of the property.
The committee recommended approval of Kent General Hospital's request for abandonment of a dead end alley, located on the east side of South New Street, stipulating that a storm drain access easement, across the length of the property, be established to the satisfaction of the City Engineer.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hutchison. By a unanimous roll call vote (Mr. Tudor absent), Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alley: