COUNCIL COMMITTEES
The Council Committees Meeting was held on January 26, 1993, 1993 at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Daisey, Mr. Levitt, Mr. Leary, Mr. Salters, Mr. Pitts, Mr. Hare, Mr. Lambert, Mr. Tudor and Mayor Knopf.
AGENDA ADDITIONS/DELETIONS
Mr. Levitt requested that agenda item #2 on the Legislative and Finance Committee be deleted to allow staff to obtain more information on the matter prior to committee review. Mr. Levitt moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Levitt presiding. Members present were Councilmen Salters and Leary and Mr. Hindman.
COMPREHENSIVE ANNUAL FINANCIAL REPORT - 1991/92
The City's Annual Financial Report for fiscal year 1991/92 was prepared and published by the Finance Department and is audited by the independent certified public accounting firm of Faw Casson & Company.
The Comprehensive Annual Financial Report for fiscal year ended June 30, 1991 was submitted by Mike Karia, Finance Director/Treasurer. Ms. Janis Nesterak of Faw Casson & Company explained that the report shows the City's financial controls and procedures to be in very good order.
Mr. Salters moved to recommend acceptance of the Comprehensive Annual Financial Report for fiscal year 1991/92, seconded by Mr. Leary and unanimously carried.
REQUEST FOR PAYMENT SCHEDULE FOR DEMOLITION COSTS - MARIAN COOK
Mrs. Marian Cook, owner of 179 - 181 Mitscher Road, requested that the City of Dover allow a payment plan for demolition costs involved with the recent demolition of her property. Demolition of the property was approved by Council on September 28, 1992 and the demolition was accomplished in October, with a bill in the amount of $2,625 sent to Mrs. Cook on November 23, 1993, to be paid in full within 30 days, or within one year with monthly payments of $218.75. Mrs. Cook felt it impossible to pay the full costs in such a short period of time and requested that Council extend the payment period for three (3) years, as is currently done for sidewalk assessments.
Mrs. Tieman explained that the City currently has no provisions for extension of a payment plan for demolition costs beyond one year. The Deputy City Solicitor, in a written opinion dated January 18, 1992, stated that neither the Charter or Code specifically address the issue of payment arrangements for demolition costs. He stated that if the City decided to permit an extended payment schedule, property owners should be required to pay interest at the legal rate established by 5 Del. C. Sec. 2301. He questioned, however, the wisdom of the City engaging in financial arrangements because of the burden it would place upon the City's collections department.
Mrs. Tieman reported that City staff recommends denial of Mrs. Cook's request for payment arrangements and that payment be due (1) immediately, or (2) within one year.
Council President Christiansen objected to staff's recommendation, stating that Ms. Cook is eager to repay the debt providing she can pay it over a three year period. He informed the Committee that in years past the City seldom received payment for demolition expenses and the only recourse taken by the City is to place a lien upon the property in the Municipal Lien Docket. Council President Christiansen objected to the City's threat to sell the property at a Sheriff's Sale in light of the owner's attempt to work out a payment plan to repay the debt. In the economic times being experienced, Mr. Christiansen recommended that the Committee take the necessary steps to set up a three year payment plan for demolition costs.
Mr. Hindman questioned why this type of assessment is any different from a sidewalk assessment where Council allows a three year payment plan, with interest. In comparison to sidewalk assessments, demolition costs are much higher, and it makes no sense to treat the assessments differently. Mrs. Boaman explained that City staff recommended a three year payment plan for sidewalks which is approved by Council by adoption of an ordinance for each project. A similar ordinance could be adopted by Council for demolition costs if they so desire.
Mr. Daisey recommended that Council address demolition costs in the same manner as other assessments, by adopting an ordinance setting the payment period for each assessment. A Municipal Lien would still be placed upon the property until the bill is satisfied.
Mr. Leary moved to accept staff's recommendation to deny Mrs. Cook's request for a three year payment plan and that she be required to satisfy the debt to the City within one year. Mr. Salters seconded the motion for discussion purposes.
Mr. Hindman reiterated his confusion over why the City Council has determined that sidewalk assessments may be paid over a three year period, but will allow only a one year payment plan for demolition costs, which far exceed the normal amount of a sidewalk assessment.
Council President Christiansen reminded committee members that if Mrs. Cook is denied the option of extending the payment plan for the assessment, the City must treat all others seeking an extended payment plan for demolition costs, regardless of the dollar amount of the assessment.
Mr. Hare felt that the City of Dover would have a difficult time, if taken to court on this matter, explaining why this property was sold because of non-payment when the owner was eager to set up an equitable payment plan. He requested information on the number of other assessments that have resulted in the placement of a Municipal Lien, with no further action taken by the City. Feeling that some payment plan should be set, Mr. Hare wondered if Council should arbitrarily set a period of three years without knowing the amount of the assessment. Mrs. Boaman stated that Council has the ability to adopt an ordinance setting the payment conditions for each demolition, as is currently done for each sidewalk program.
The motion to deny Mrs. Cook's request failed by a vote of two (2) yes, two (2) no (Mr. Hindman and Mr. Salters).
Mr. Leary moved to recommend that Council adopt an ordinance to extend the payment period for Mrs. Cook's demolition for three (3) years, at the interest rate normally charged by the City (attachment #1). The motion was seconded by Mr. Hindman and unanimously carried.
HEALTH CODE AMENDMENTS - MEMORANDUM OF UNDERSTANDING
The committee considered a Memorandum of Understanding and Health Code Amendments as recommended by the Inspections Director. Mr. DePrima explained that the Memorandum of Understanding clearly outlines the responsibilities of the City and the State, while at the same time protects the City's right to have its own Health Officer. The proposed Health Code amendments, which adopts the Delaware Health Regulations, would bring our ordinances in compliance with the terms set in the Agreement. A fee will be set to recoup the cost of the inspections program. Mr. DePrima explained that in past years a restaurant was required to have a "Merchant" license, as well as an "Eating House Establishment" license. He has stopped this practice, feeling that it is unequitable. The new fee schedule in the proposed ordinance will recoup the money originally charged to a restaurant for a "Merchant" license.
Mr. Hindman questioned the Memorandum of Understanding, under "Construction - Plan Review". He questioned if the intent of the section is to require State approval for the construction of restaurants in the City. Mr. DePrima explained that the State would only review and approve the plans for the kitchen facility, not the entire restaurant. He will have the wording revised to clearly define the proper intent.
Mr. Salters moved to recommend approval of: (1) the Memorandum of Understanding (with clarification of the section entitled "Construction - Plan Review") and that Mr. DePrima be authorized to sign the Agreement (attachment #2); and (2) the proposed amendments to the Chapter 9 of the City Code relative to Health Code Amendments (attachment #3). The motion was seconded by Mr. Leary and unanimously carried.
PROPOSAL FOR PARKLAND FUNDS (MR. TUDOR)
During the Council Meeting of January 11, 1993, Councilman Tudor submitted a suggestion that a portion of the funds designated for "Parkland Reserve Funds" be utilized for the West Dover Fire Station. This proposal was referred to the City Solicitor for a legal opinion on the subject.
City Solicitor Rodriguez stated his opinion that the Parkland Reserve Fund is to be used for "parks, playgrounds, or recreational purposes" only and cannot legally be used for any other purpose.
Although the Parkland Reserve Fund cannot be used as suggested by Mr. Tudor, Mr. Worley reminded Council that they could set up a similar fund for Capital Projects. This would require an ordinance to institute such an impact fee. Members of the committee discussed various funding alternatives.
Mr. Leary moved to recommend that staff, during the budget process, include funding alternatives for the West Dover Fire Station for further review by the committee. The motion was seconded by Mr. Hindman and unanimously carried.
INFORMATION SYSTEMS WORK PLAN
In their 1992 Goals Workshop, City Council set a goal to implement a Strategic Information Systems Plan as soon as possible. The strategy adopted was to develop a work plan for presentation to the committee. Mr. Larry Shank, Manager of Information Systems, submitted a proposed work plan for the period January 1993 through June 1994 (as on file in the City Clerk's Office). Mr. Shank explained that the work plan is only a guide and that funding for any aspect of the plan will be considered during budget hearings.
Mr. Leary moved to recommend acknowledgement of the Work Plan, seconded by Mr. Salters and unanimously carried.
1993/94 GOALS WORKSHOP
A date for the 1993/94 Goals Workshop was discussed. It was recommended that the Workshop be held on February 19 and 20, 1993. The time and location for the Workshop will be determined at a later date.
Mr. Salters moved to recommend that the 1993/94 Goals Workshop be held on February 19 and 20, 1993, seconded by Mr. Leary and unanimously carried.
QUARTERLY WRITE-OFF OF UNCOLLECTIBLE ELECTRIC BILLS
A list of uncollectible electric bills, totalling $19,453.98, was submitted for the period of July 1, 1991 through September 30, 1991. The list consists of those accounts which 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. Even though they are written off, the accounts are assigned to our collection agency and will remain there until all attempts for collection have been exhausted.
Mr. Leary moved to recommend acceptance of the write-off of Uncollectible Electric Bills in the amount of $19,453.98. The motion was seconded by Mr. Hindman and unanimously carried.
CITY OF DOVER AND THE MEDIA
Noting that several members of Council have written newspaper editorials out of frustration with misconceptions about issues involving the City, Council members have had informal discussions on ways to improve this situation. Mr. Levitt offered the following for discussion:
1) Joint press conference - All members of Council and appropriate staff would be available at designated press conferences to answer appropriate questions. The press conferences would be held on an as-needed basis.
Mr. Leary suggested that Council address more topics in open session and that Council members make themselves available to the media immediately after meetings so that the reporters have the opportunity to address questions.
Mr. Salters felt that information coming from only one source would better serve the City, suggesting the use of a public relations officer. This would not prohibit Council from speaking to the press but would offer a source of accurate information for the news media.
2) Quarterly Meetings with Media Executives - Members of Council could meet quarterly with media executives to discuss matters of mutual concern which could improve methods of dealing with the media.
3) Establish a Telephone Line Specifically for Inquiries on News Articles - A telephone number could be established for citizens to inquire about specific questions relating to news articles. This would provide a quick and direct method for citizens to verify the accuracy of news articles relating to the City of Dover.
Mr. Hare stated that the nine members of Council and the Mayor are readily available for citizens to call for verification of any misconceptions they may have heard or read. He did not feel that a specific telephone number is necessary.
4) Change 15 Minute Forum to Committee Meetings - A proposal that the 15 Minute Open Forum be moved from the Council agenda to the Committees agenda was discussed. This would afford an opportunity for Council and staff to address the concerns brought forward by the public.
Some members of Council felt that the televised Council forum is more appealing to some citizens and suggested that a 15 Minute Open Forum be held at Council and Committee meetings.
5) Quarterly Open Town Meetings - It was suggested that the Quarterly Open Town Meetings be held to address specific themes rather than having no scheduled agenda items. Should there be citizens wishing to address a matter of concern, this would still be permitted. The concept of a "meeting theme" will keep the meetings productive when there are no matters brought forward by the public.
Mr. Leary felt it critical for Council to meet with the news media (all forms of media) to determine if their needs are being met by the City. He stated that part of the problem may be that the City is not providing the tools needed by the media to ensure accurate information to the citizens.
Mr. Richard Ornauer of 17 Mifflin Road expressed concern with the concept of Press Conferences, stating that they are only effective if everyone concerned participates. He suggested that Council meet with representatives of the various types of media (electronic, print, etc.) to determine their needs for a successful relationship with the City. Mr. Ornauer suggested that the City utilize a public relations officer and that they work with people in the community. Mr. Ornauer felt that a good public relations (information) officer would be an asset to the City of Dover.
Mr. Mike Pelrine, Managing Editor for the Delaware State News applauds the concept of open government and commended Council for their desire to work more closely with the media. He expressed concern with the appointment of one person to serve as a public relations officer, reminding Council that they are each elected by the citizens and that their individual comments are needed. Mr. Pelrine heartily endorsed the proposal of Council meeting with the media so that the needs of everyone can be addressed.
Mr. Levitt stated that the above proposals will be further discussed.
Mr. Leary moved for adjournment, seconded by Mr. Hindman and unanimously carried.
Meeting Adjourned at 9:00 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Members present were Councilmen Hare and Tudor, and Mrs. Malone. Mrs. Dean was absent.
WESTOVER VILLAGE - DEDICATION OF PARKLAND - SOLICITOR'S RESPONSE
During their meeting of December 1992, the committee considered accepting a donation of $44,050 in lieu of dedication of parkland for Westover Village, Phase I, as recommended by the Planning Commission. During discussion, Mr. George F. Gardner, III, attorney representing the developer (Frank Robino) submitted a letter of objection. The committee tabled the matter until the City Solicitor had the opportunity to review the contents of Mr. Gardner's letter.
Mr. DePrima explained that the Solicitor, in a letter dated January 18, 1993, responded to the concerns outlined by Mr. Gardner. The Solicitor, Nicholas Rodriguez, is of the opinion that the City is within its legal rights regarding the dedication of parkland for Westover Village. In Mr. Gardner's letter it was suggested that the entire 127 acre parcel (total of five phases) be used in determining the land value rather than determining the value based upon the 27 acres of Phase I. The City Code, Article VI, Subsection F.2. provides that open spaces which are smaller than three (3) contiguous acres may be approved by the Planning Commission in satisfaction of their requirements of Subsection F.2. whenever the difference is to be made up in connection with the future subdivision of adjacent land. City Solicitor Rodriguez felt that applying this provision in this case would be inadvisable given the fact that Mr. Robino does not own all of the lands subject to proposed development and subdivision at this time. Mr. Rodriguez felt that the cash donation should be collected at this time. He suggested, however, that the City may wish to consider reserving the cash donation with the possibility of crediting some portion of it back if recreational areas in future phases of the Westover Development Complex comprise spaces larger than are required by Article VI, Subsection F.2.
Mr. DePrima stated that the original parkland value of $44,050 has been revaluated to the amount of $27,880. City Assessor Lucas explained that originally the value was established for the 27.88 acres as if the parcel was to be a stand-alone project. By using this approach, the economies-of-scale realized by purchasing a large tract were ignored and the resulting value unrepresentatively high. As per the contract, the actual price for the 127.72 acre tract is $10,000 per acre, which is the cost basis for the 27.88 acres in Phase I. The purchase for future phases will be the initial cost basis adjusted upward by the CPI, to a maximum of 4% per year.
Mr. Salters and Mr. Hare questioned the advisability of using the full 127.72 acres in determining the value of the land and subsequent parkland donation for Phase I, especially since the developer does not currently own all of the land. If the remaining phases are never developed, then the donation for parkland dedication will be incorrect. Mr. Hare suggested that the City treat each phase individually, with reconciliation to take place at the completion of all phases, to ensure that the developer is not charged more than he would have been if the project had been developed all at one time. This would place any risk upon the developer rather than upon the City of Dover.
Mr. George Gardner stated that development of all phases could take up to 10 years. Mr. Robino currently owns the 27.88 acre parcel and has signed an Agreement of Sale for the other parcels, which totals 127.72 acres of land. He stated that Mr. Robino has a contractual obligation to buy the remaining parcels. Responding to questions by Mr. Tudor, Mr. Gardner stated that there are certain conditions under which Mr. Robino could opt out of the Agreement.
Mr. Hare moved that this parcel be considered as a single parcel of land consisting of 27.88 acres, seconded by Mr. Pitts. After discussing the matter in more detail, the motion was withdrawn as was the second. Mr. Hare moved that the matter be referred to the City Solicitor to devise language for a motion to consider each phase of the development based upon the land area actually owned, with reconciliation of the total land area to take place upon completion of the final phase of the development. The motion was seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 9:35 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilmen Lambert and Leary.
STOP SIGNS - WOODCREST DRIVE
During the past year, the Safety Advisory Committee reviewed a request by Mr. Tony Galla to remove the stop signs at pedestrian crossing on Schoolhouse Lane. During their meeting of March 10, 1992, the committee recommended no action until a petition consisting of a majority of the residents on the street requested removal of the signs. Since the stop signs were not placed by a request of the majority of the residents, Mr. Galla objected to requiring a majority of the residents to have the signs removed and requested that the matter be addressed by the committee.
Mr. Tony Galla of 925 Woodcrest Drive informed the committee that stop signs are not needed at the pedestrian crossings. It is his feeling that the stop signs are inappropriate and unnecessary. Since the signs are not located at an intersection, he suggested that placement of a warning sign to "Stop When Children are Present" would be more fitting.
Mr. James Hubbard of 926 Woodcrest Drive stated his understanding that traffic must be regulated, but he questioned the need for a stop sign where there is no intersection. This stop sign is approximately two-tenths of a mile from the nearest intersection. If the purpose of the sign is to regulate speed, then he recommended that a speed limit sign be posted and radar surveillance used.
Mr. Donald Crews of 938 Woodcrest Drive objected to the stop signs, stating that the only time the crosswalk is used is in the morning when children are going to school and in the afternoon when they are leaving school. Mr. Crews suggested a portable stop sign, similar to the one that was used at Fairview Elementary School, or replacement of the stop sign with a sign stating "Yield to Pedestrians". This would eliminate the need to stop when pedestrians are not present.
Mr. Bill Phillips of 628 Fairview Avenue stated that although he does not live in Woodcrest, he often visits in the neighborhood. Not only did he feel the stop sign is inappropriate, he stated that it is very difficult to see the sign since vehicles park so close and because of shrubbery in close proximity to the sign.
Former Chief of Police, James Hutchison, explained that approximately two years ago, a group of residents from the area complained about the safety hazards in this area. Council requested that the matter be reviewed by the Chief of Police. A traffic study was performed by the Dover Police Department and based upon the volume of traffic, pedestrians, and safety concerns, the Chief of Police had the appropriate stop signs erected.
Mr. Hare reported that he has talked with many other residents on this street that support the erection of the stop signs. Chief Smith also spoke with many of the residents of Woodcrest Drive that conveyed their support for the stop signs.
Chief Smith reported that the responsibility of the Police Department is to ensure public safety to all citizens. The Police Department feels that the signs should remain, feeling it is worth the minor inconvenience of stopping at the pedestrian crossings if the stop signs prevent one child or adult from being involved in an accident. While addressing the issue of alternative signs, Chief Smith stated that there are other areas in Dover that use a push button to activate a light for safe pedestrian crossing. Vehicles need only stop when the red light is activated. This could be used, but would be expensive since a traffic light does not exist at the crossing.
Chief Smith agreed that the current stop sign is difficult to see and suggested that curbs be painted yellow to prohibit parking from within 15' of the stop signs.
Mr. Salters stressed the importance of adhering to the recommendations of City staff. Until such time as the Chief of Police requests Council action, Mr. Salters felt that no further action should be taken.
Based upon the recommendation of the Police Chief and the fact that this is a public safety issue, Mr. Lambert moved to recommend that the stop signs remain in place, but that corrective action be taken to paint the curb yellow to prohibit parking near the stop signs and to make them more visible. The motion was seconded by Mr. Leary and unanimously carried.
Mr. Hare stated that the motion is to leave the sign intact for the present time. In the interim, members of Council can continue discussions with property owners on Woodcrest Drive. If there seems a need to reconsider the matter, it will be reviewed by the Safety Advisory Committee.
Lighting along Crosswalk in Woodcrest
Mr. Campanicki of 859 Wilson Drive in Woodcrest suggested that the City install lighting along the crosswalk in Woodcrest. A rape recently occurred in this area and Mr. Campanicki felt that proper lighting would make this area safer.
Mr. Hare suggested that the shrubbery be cut back from the crosswalks and that lighting be installed in the middle of each crosswalk. This would require the installation of three lights.
Mr. Leary moved to recommend that staff investigate the costs of Mr. Hare's suggestion for a report at the next meeting. The motion was seconded by Mr. Lambert and unanimously carried.
Mr. Leary moved for adjournment, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 10:15 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert and Mr. Carey.
ELECTRIC SERVICE TERRITORIAL BOUNDARIES
As requested by the Public Service Commission, the municipal electric utilities of Delaware have collaborated with Delmarva Power and the Delaware Electric Co-Operative to develop territorial service boundaries. The boundaries will serve as a geographical determination of the utility who has the right to provide service to any given property in the State of Delaware. The proposed boundaries were displayed on a map for the committee's review.
Mr. Worley explained that the service area will not be restricted to the corporate limits of a municipality, nor will it restrict the growth of those corporate limits due to future annexations. Once approved, the territorial boundaries will not change unless the annexations exceed the corporate limits beyond the territorial boundaries or the utilities involved renegotiate revisions. All revisions will be subject to the Public Service Commission hearing procedures.
Ms. Denise Johnson, Electric Engineer, explained that if an undeveloped area is annexed, all new services will be served by the municipality. In the event that a developed property presented served by another utility is annexed, the existing services then become documented exceptions that will be maintained by the present provider. Exceptions can be maintained but not extended into another utility's territory. All existing exceptions have been documented. In determining the territorial boundaries, all customers were left with their current electric provider.
Mr. Lambert moved to recommend approval of the boundary proposal, as depicted on the Electric Service Territorial Map, and authorization of the signing of the Letter of Concurrence. The motion was seconded by Mr. Pitts and unanimously carried.
AGREEMENT - CITY/DELDOT - SR #1 AT SCARBOROUGH ROAD INTERSECTION
The Department of Transportation has submitted a proposed agreement with the City which would grant them permission to construct their project at the intersection of SR #1 and Scarborough Road, inside the City limits. The agreement is a standard DelDOT form and has been used previously on several projects within the City limits. The agreement calls for a resolution from Council granting its consent for the State to construct the project. Staff recommended approval of the agreement and adoption of the resolution.
Mr. Carey moved to recommend approval of the agreement and adoption of the resolution (attachment #4), as recommended by City staff. The motion was seconded by Mr. Pitts and unanimously carried.
EVALUATION OF BIDS - DIVISION STREET WATER TANK DEMOLITION
In conjunction with the 1992-97 Capital Improvements Plan, it was proposed to demolish the 100,000 gallon water tank on Division Street west of Kirkwood Street. The decision to demolish the tank was based on the results of the inspection performed in March 1992, which indicated numerous structural repairs necessary in addition to the planned painting, and the hydraulics of the water system which are not affected by this tank. The engineer's estimate was $30,000.
The low bid was submitted by Iseler Demolition, Inc. in the amount of $14,658. Staff has investigated the references and past work of the low bidder and recommends they be awarded the contract.
Mr. Lambert moved to recommend that the contract be awarded to Iseler Demolition, Inc. in the amount of $14,658, seconded by Mr. Pitts and unanimously carried.
Mr. Pitts moved for adjournment, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 10:50 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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