REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 23, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Pepper.
The invocation was given by Father Howe, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
By motion of Mr. Hare, seconded by Mr. Leary, the agenda was unanimously approved.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 9, 1992
The Minutes of the Regular Council Meeting of November 9, 1992 were unanimously approved by motion of Mr. Hare, seconded by Mr. Leary and bore the written approval of Mayor Knopf.
PROCLAMATION - DR. GUSTAV OFOSU DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, Dr. Gustav Ofosu is a Professor of Biological Science and regarded as an outstanding teacher as a member of the Biology Faculty at Delaware State College; and
WHEREAS, Dr. Gustav Ofosu works closely and effectively with students pursuing undergraduate and graduate degrees and has developed new courses in cell ultrastructure and electron microscopy; and
WHEREAS, Dr. Gustav Ofosu has trained a number of science majors through his participation in the MBRS program and included students as co-authors on research papers published in refereed journals; and
WHEREAS, Dr. Gustav Ofosu participates in curriculum development and supports efforts to build student identity in the department through seminars and other activities; and
WHEREAS, Dr. Gustav Ofosu has gained respect from students, interacts well with colleagues and functions as a true team member in long-range planning and daily operations of the Department of Biology at Delaware State College; and
WHEREAS, Dr. Gustav Ofosu has been honored for Excellence in Teaching at Delaware State and named the State of Delaware Professor of the Year by the Council for Advancement and Support of Education.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim November 24, 1992 as "Dr. Gustav Ofosu Day" in the City of Dover.
Mayor Knopf presented the Proclamation to Mr. Drexel Ball, Director of Public Relations at Delaware State College, on behalf of Dr. Gustav Ofosu.
RESOLUTION - BEATRICE J. MOORE - RETIREMENT
By motion of Mr. Lambert, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, Beatrice J. Moore has been a faithful employee of the City of Dover since May 20, 1965; and
WHEREAS, Mrs. Moore worked in the City's Finance Department for most of her career, transferring to the City Assessor's Office in July 1985 as the Assessment Administrator; and
WHEREAS, through the years, Mrs. Moore has been a loyal and dedicated employee, having been selected as "Employee of the Month" in May 1991 and "1991 Employee of the Year" which is an indication of her commitment towards the City's goal of "Community Excellence Through Quality Service"; and
WHEREAS, after more than 28 years of devoted and loyal service to the City of Dover, Mrs. Beatrice J. Moore has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover wish Beatrice J. Moore a happy and healthy retirement and extend their sincere appreciation for the excellent work she has provided to the City of Dover during her employment.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the services of Beatrice J. Moore.
ADOPTED: November 23, 1992
Mrs. Moore and her family were unable to attend the Council Meeting. The presentation will be made to her at a later date.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY
Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. However, the Fire Line Offices for 1993 were not contested. In accordance with Section 7-40 of the City Code, City Council may certify the appointed officers without holding an election. Officers for the year 1993 are as follows:
Chief - Edwin Baker, Jr.
Deputy Chief - Gary Alderson
First Assistant Chief - William R. Staats, Jr.
Second Assistant Chief - Ray Osika
Third Assistant Chief - Alan J. Farling
Fire Line Captain - Carleton Carey, Jr.
Mr. Salters moved to certify the above Fire Line Officers for the year 1993. The motion was seconded by Mr. Pitts and carried by a roll call vote of eight (8) yes, one (1) not voting (Mr. Christiansen).
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on November 10, 1992 with Chairman Pitts presiding.
Nottingham Woods Tree Plan
In accordance with Article VI, Section H-1(f) of the Subdivision Regulations, the committee reviewed a proposed tree plan for Nottingham Woods Development. The plan proposes the planting of 63 shade trees by utilizing four (4) different species, landscaping around each unit and a buffer along the road frontage that contains 12 evergreen trees. In addition, there is a significant amount of existing trees to be preserved in 14.45 acres of private open space that is located on the property. Superintendent of the Grounds Division and the Planning Commission recommended approval of the Nottingham Woods Tree Plan.
Mr. DePrima advised members that this development's application was submitted prior to the adoption of the recent Tree Planting and Preservation Ordinance and will be the last plan to come before the committee for approval.
The committee recommended approval of the tree plan for Nottingham Woods as recommended by staff and the Planning Commission.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on November 10, 1992. In the absence of Chairman Hare, Councilman Lambert served as Chairman.
Request to Relocate Fire Siren - Lance Lanagan - 174 Hampton Drive
The committee considered a letter from Mr. Lance Lanagan, 174 Hampton Drive, relaying concern of a fire siren which is located approximately 50 feet away from his home. He explained that after living in his home for 18 months, his children still become frightened when the siren is activated. Mr. Lanagan questioned if the decibel level emitted by the siren is safe and the possibility of moving the fire siren to a more appropriate area.
Council President Christiansen explained that every attempt is made to limit the use of the fire sirens; however, they are an integral part of the Robbins Hose Company's alerting procedures. The fire sirens were placed in commercial areas approximately eight (8) years ago, prior to the residential development. He advised members that if one (1) fire siren was moved, it would be necessary to move all seven (7) fire sirens and that the cost to move one siren would be in excess of $7,000. To familiarize the children with the siren, it was suggested that Mr. Lanagan bring his children to visit the fire station.
Council President Christiansen informed the committee that a decibel study was performed five (5) years ago and that there is the possibility that the results would be different since homes have been erected.
The committee recommended that staff take the necessary steps to measure the decibel level of the fire sirens to ensure that the sounds do not exceed safety standards.
Mr. DePrima stated that his department has had trouble locating an agency that performs the service of measuring decibel levels. Mr. Salters and Council President Christiansen suggested that Dover Air Force Base be contacted for assistance.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Mr. Lambert moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Levitt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 10, 1992 with Chairman Daisey presiding.
Unit #3 Air Preheater Purchase
McKee Run Unit #3 incorporates a regenerative air preheater to improve unit efficiency and improve combustion by removing heat from the flue gasses and transferring it to the combustion air. The hot end baskets experience temperatures in excess of 800 degrees F. Replacement of the air preheater baskets is a routine maintenance item. These baskets have not been replaced since 1981. Their condition indicates that it would be prudent to replace them during the current outage. A quoted price of $33,845 has been submitted by Air Preheater Co., with a three week delivery time. Air Preheater Co. is the only manufacturer of the hot end baskets in the area.
The committee recommended that a purchase order be issued to Air Preheater Co. in the amount of $33,845 to obtain the replacement hot end baskets.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Lambert and carried by a unanimous roll call vote.
Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on November 10, 1992 with Chairman Levitt presiding.
Proposed Charter Amendment - Refinancing General Obligation Bonds
In accordance with Section 50 of the City Charter, a referendum is required for the issuance of general obligation bonds to refund outstanding bonds. Therefore, two referendums would be required for the same obligation; one when the original general obligation bonds were issued and another one at the time of refunding.
To avoid duplication of the referendum and to save money, the Finance Director presented a proposed Charter amendment, prepared by the City's Bond Counsel, that would exempt the refinancing of bonds from the referendum requirements. In order to guarantee that no additional obligation would be incurred, the total debt service on the refunding bonds should not be more than the debt service on the bonds that are being refinanced. Mr. Karia assured members that the intent of Section 50 of the City Charter has not been altered and that the amendments have been reviewed by the City Solicitor.
The committee recommended that an ordinance be adopted requesting the General Assembly to submit a Bill to amend Section 50 of the City Charter.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The first reading of the proposed ordinance will take place during the latter part of this meeting.)
Work Plan - Human Resources Department
As requested by Council during the February 28-29, 1992 Goals Workshop, staff has continued to nurture the development of the City's Human Resources Department. A work plan for the Human Resources Department for FY 1992-93 was distributed for the committee's review.
Mr. Bruce Andrews, Human Resources Director, explained the work plan and function of the department, noting that there are five divisions: 1) employment; 2) labor relations; 3) compensation and benefits; 4) department development; and 5) safety wellness.
The committee recommended acceptance of the Human Resources Department work plan as reported.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Dover Metropolitan Planning Organization Agreement
Resulting from a series of meetings between DelDOT Officials, Kent County Levy Court Commissioners, Mayor Knopf and the City Planner, a proposed Dover Metropolitan Planning Organization Agreement was developed. The Agreement establishes a Metropolitan Planning Organization of the Dover area as prescribed under federal law. The purpose of the Organization is to serve as a local transportation planning group that would have a significant amount of input into the DelDOT's transportation planning process and program development. Staff recommended that Council authorize the Mayor to sign the Agreement on behalf of the City of Dover.
Mr. Anthony D. Peer, DelDOT Director of Intergovernmental Coordination, described the program. He advised members that the Agreement would establish a governing council and two advisory committees. One committee would be a technical advisory group and the other would be a citizen's advisory group. Together, these groups would develop short and long term transportation plans that would be incorporated into the DelDOT's State Improvement Program. Funds would be available from the state and federal governments to staff the organization and would be shared between the State, County, and City.
The committee recommended acceptance of the Dover Metropolitan Planning Organization Agreement (as on file in the Office of the City Clerk), thus authorizing Mayor Knopf to sign the document on behalf of the City of Dover.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Miscellaneous Amendments to Zoning Ordinance
Mr. Tony DePrima, City Planner, presented members with several zoning ordinance amendments for their consideration. He explained that throughout the year, notes have been taken relative to sections of the ordinance that have caused problems. The amendments are recommended to clarify conflicting sections, bring them into conformance with modern practices, or for streamlining purposes.
Mr. Hindman relayed concern with amendment #10, definition of lot width, and recommended that staff investigate the possibility of including wording that would address those odd shaped lots that have adequate frontage and then reduces in size to the rear of the lot. He explained that the County has a requirement that any lot cannot have a width any less than the frontage of said lot.
The committee recommended approval of amendments #1-#9 and #11 as presented, and that amendment #10 be modified by addressing those lots that have adequate frontage but reduces in size to the rear of the lot.
Mr. DePrima explained that minor changes were made to the amendments by the City Solicitor. Amendment #10 was slightly modified by the Solicitor to address Mr. Hindman's concerns.
Mr. Levitt moved for approval of the proposed amendments #1 - #11, seconded by Mr. Salters and unanimously carried. (The first reading of the proposed ordinances will take place during the latter part of this meeting.)
Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - OCTOBER
By motion of Mr. Hare, seconded by Mr. Salters, Council unanimously adopted the following reports for the month of October:
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Managers Report
General Fund, Cash Receipts & Budget Reports
Internal Service Fund, Revenue & Budget Reports
Electric Revenue Fund, Revenue & Budget Reports
Improvement and Extension Fund, Cash Receipts & Budget Reports
Referring to the Chief of Police Report, members of Council commended the Police Department for their efforts in traffic violations. It is noted that they have experienced a 92.8% increase in traffic violations over the same period as last year. Referring to the number of complaints handled by the Police Department, Mr. Hare stated that a considerable number of citizens must visit the Police Department. With visiting citizens, in addition to the number of Police officers and administrative employees, it is mandatory that additional space be considered for the Police Department.
Mr. Karia requested an amendment to page 5 of his report (Water/Wastewater Fund - Revenue Report), to change the totals percentage from 26% to 35%.
Answering questions on the Fire Marshal's Report, Mr. DePrima stated that the month of December is dedicated to inspecting the isles in stores to ensure free walkways. Council President Christiansen suggested that stock rooms also be inspected.
By motion of Mr. Hare, seconded by Mr. Salters, the following monthly reports were unanimously adopted:
Chief of Police Report
Building Inspector and Fire Marshal Report
Water/Sewer Fund, Revenue & Budget Report
FIRST READING - PROPOSED ORDINANCE
Mr. Leary moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Hare and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance 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 ordinance will take place during the Council Meeting of December 14, 1992.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Hare and unanimously carried:
SECTION 50 OF CITY CHARTER - DEBT LIMIT (Refinancing of General Obligations Bonds)
FIRST READING - PROPOSED ORDINANCES - AMENDMENT TO ZONING CODE
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Hare 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. Since these are amendments to the Zoning Code, a public hearing is required. The public hearing and final action by Council on the proposed ordinances will take place during the Council Meeting of December 14, 1992.
Mr. Hare moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
Art. 3, Sec. 1.14(d) & 1.15(g) - Customary Home Occupations
Art. 3, Sec. 1.15(b) - Swimming Pools
Art. 3, Sec. 10.12 - Permitted Uses - IO Zone
Art. 4 - Zoning Bulk & Parking Regulations - Setback Requirement
Art. 5, Sec. 1.8 & 7.3 - Buffers Along Arterial Streets
Art. 6, Sec. 3.1 - Required Off-Street Parking Spaces
Art. 6, Sec. 3.4 & 3.5 - Size of Spaces and Access
Art. 9, Sec. 2.24 - Powers and Duties (Board of Adjustment)
Art. 10, Sec. 1.59 - Approval of Conditional Uses (Planning Commission)
Art. 12 - Definitions - Lot Width
Art. 12 - Definitions - Floor Area
Mr. Hare moved to adjourn into Open Forum, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:22 P.M.
OPEN FORUM
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.
Open Forum Adjourned at 8:25 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 23, 1992, are hereby approved.
AARON O. KNOPF
MAYOR
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