COUNCIL COMMITTEES
The Council Committees Meeting was held on May 27, 1992, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Daisey, Mr. Levitt, Mr. Leary, Mr. Pitts, Mr. Lambert and Mayor Knopf. Mr. Salters arrived at 7:25 p.m. Mr. Hare was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested that an executive session be added for the Legislative and Finance Committee at the adjournment of the Utility Committee Meeting to discuss personnel matters.
Mr. Lambert requested the addition of item #7 to the Utility Committee agenda to consider remote water meters for new construction.
Council President Christiansen introduced the newly appointed civilian members and thanked them for agreeing to serve the City in this capacity.
Mr. Levitt moved to accept the agenda as amended, seconded by Mr. Lambert 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.
STATEMENT - COUNCILMAN LEVITT
Mr. Levitt made the following statement:
"As I begin the Chairmanship of the Legislative and Finance Committee, let me assure the public that the Weyandt legacy is alive and well on Council. We will hold to a long-standing tradition of closely watching expenditures and improving the effectiveness of City government.
In his State of the City Message, Mayor Knopf indicated that, "initially we must turn our attention to the Police Department. Additional space is a must if we are to keep this facility safe." Also, "a new fire station on the west side of Dover is certainly needed." The Mayor has highlighted two City concerns.
Last December, Council asked the public to assess and determine an order of priority for the above projects as well as two others. The Bond Referendum was an attempt by Council to place a menu of proposals before the voters. Council was interested in knowing, given a choice in these tight economic times, which project the City should tackle first, second or not at all. The voters went to the polls and told Council to hold-up on everything; which we have done, as it relates to any major funding. Council asked and heard the response. In relation to the Bond Referendum, the public has a right to know that Council listed the proposals on the Referendum in no particular order. Council signalled no preferences in advance. We asked the voters to decide. It would, therefore, have been inappropriate for Council to comment in advance of the Referendum. After all, this was never an "all or nothing" proposition, as some have mistakenly characterized it. It was a menu. Pick what you like and vote "no" to the rest. Nor did Council ever propose a tax increase. The Referendum was a lesson in faulty communication and I am sure that we have all learned something from this experience.
Now these issues are resurfacing because they are important and cannot be ignored. Along with the Mayor, Council will take another look, but the ultimate decision rests with the voters, the taxpayers."
BASIC LIFE SUPPORT CONTRACT RENEWAL
On August 30, 1991, the City of Dover signed a contract with Med Star Inc. to provide Basic Life Support Service within the Robbins Hose Fire District for a one year period with the renewal for an additional two years at the sole discretion of the City of Dover. The contract requires the City to give a 90 day written notice if the contract is to be extended.
Ms. Swain stated that during the past nine (9) months, Med Star Inc. has far exceeded its contract obligations and that the quality of their services has been exemplary. She also noted that their service is provided at no cost to the City of Dover. Staff recommended that the existing contract with Med Star Inc., to provide Basic Life Support Service in the Robbins Hose Fire District, be extended for an additional two years.
Mr. Leary moved to recommend acceptance of staff's recommendation, seconded by Mr. Hindman and unanimously carried.
PROPOSED AMENDMENT TO NOISE ORDINANCE - REPORT BY SOLICITOR
During their Regular Meeting on April 27, 1992, Council requested that the City Solicitor provide an opinion regarding Councilman Daisey's proposal to modify the noise ordinance to make it illegal, without special permission from the City of Dover, to operate a boom box, car radio that has been modified to increase its volume, or any other sound device that exceeds the decibel level of an unmodified radio in a motor vehicle.
City Solicitor Rodriguez indicated that the existing noise ordinance, Section 14-8, subsection (b)(2) of the Dover Code, prohibits the use of boom boxes and modified car radios if their use creates a nuisance which disturbs the "peace, quiet, and comfort or the neighboring inhabitants" or where it is louder than necessary for convenient hearing. Mr. Rodriguez felt that the current ordinance is enforceable and constitutional. He indicated that the City has chosen to avoid the use of measuring decibel levels since it would require the use of meters, which would involve special training and education to operate and read. Mr. Rodriguez also indicated that the absolute prohibition of boom boxes and modified car radios would be unconstitutional. It was his feeling that the City should continue to utilize the current ordinance to regulate the use of these instruments.
Chief Hutchison stated that although the present ordinance is enforceable, the Police Department needs support from victims of this crime to sign warrants against those that are committing the violation.
Mr. Daisey requested that Chief Hutchison provide information on the number of arrests made, within the last year, that were in violation of the current noise ordinance in a motor vehicle. Mr. Daisey advised members that he has contacted the City Solicitor and requested him to review the ordinance with respect to safety rather than a nuisance type of violation.
Mr. Leary moved to recommend that no further action be taken to amend the ordinance, seconded by Mr. Hindman and unanimously carried.
WHITE OAK ROAD - PROPOSED BUILDING MORATORIUM
During their meeting of April 28, 1992, the committee authorized the City Planner to work with the City Solicitor to develop the necessary language and criteria to institute a moratorium for development on White Oak Road to be presented to the committee for review.
Mr. DePrima presented members with a draft resolution that would impose a development moratorium on White Oak Road for a period of one year. He stated that the moratorium would become effective upon adoption of the Resolution by Council and that it would expire after one year unless City Council chooses to extend the moratorium.
Mr. Levitt requested that the City Clerk's Office document this item to assure it is presented back to Council one year from the effective date.
Mr. Leary moved to recommend that a development moratorium be imposed on White Oak Road for one year and that the Resolution (Attachment #1) be presented to Council for adoption. The motion was seconded by Mr. Hindman and unanimously carried.
CITY MANAGER'S REPORT
Members reviewed the City Manager's Report for the month of April 1992. No official action was taken.
Meeting Adjourned at 7:50 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Mrs. Malone was present. Noting the absence of Councilman Hare and Mrs. Dean, Councilmen Lambert and Salters were deputized to serve as members.
STATUS REPORT - PROPOSED TREE ORDINANCE
Resulting from a request of Council President Christiansen, staff researched the possibility of establishing a tree preservation ordinance.
Mr. DePrima presented members with the draft amendments to the Zoning and Subdivision Ordinances. He advised members that upon receiving the Planning Commission's endorsement of the amendments, various development professionals, realtors, and civic association leaders were contacted for their review. Mr. DePrima stated that several suggestions were received, which have not been incorporated into the amendments. He explained that the amendments are being presented to the committee for their review prior to incorporating those recommended changes. After the committee reviews the amendments, staff will make the recommended changes and a final draft will be presented back to the committee for their review.
Referring to Section 15.41, Mr. Lambert relayed concern with the City regulating the removal of trees on private property. Responding, Mr. DePrima stated that the Grounds Superintendent has proposed to establish a list of "nuisance trees" and that a clause could be incorporated that would permit the removal of nuisance trees.
Rather than prohibiting tree removal on private property, Council President Christiansen suggested that the City offer incentives to replace trees that are removed. He recommended that a permit fee be required for removing trees and that if replaced with an acceptable tree, the permit fee would be returned.
Noting that several members felt that Section 15.41 could infringe on ones constitutional rights, Mr. Leary questioned if the City would be accomplishing tree preservation if Section 15.41 were eliminated. He explained that although developers would be required to plant trees, once the property was sold, the homeowner could remove all the trees that were required of the developer. It was Mr. Leary's feeling that the ordinance would become null without the provision.
Mrs. Ornauer, 17 Mifflin Road, relayed her feeling that developers should not be permitted to remove large and mature trees to be replaced with fewer, smaller trees. It was her feeling that more emphasis needs to be directed towards developments and the preservation of mature trees.
Mr. Eugene Ruane, 122 Shadow Court, advised members that the elimination of Section 15.41 would not benefit those that presently reside in an established development. He also felt that eliminating Section 15.41 would be discriminatory towards developers. Feeling that the City should regulate the removal of trees on private property, Mr. Ruane urged members to reconsider eliminating Section 15.41.
Mr. Pitts requested that staff submit an updated draft to the committee for review during their next meeting and that Section 15.41 remain in the ordinance at this time to allow for more public input on the matter.
No further action was taken.
DESIGN PROPOSAL - ST. JONES GREENWAY
In January 1991, members of City Council reviewed a conceptual plan for the development of the St. Jones River Greenway. The Greenway was proposed to run from Silver Lake Park south to Route 13.
Mr. Zachery Carter, Recreation Director, stated that the City of Dover has received $255,000 from the State of Delaware Suburban Street funds to begin work on the St. Jones Greenway. In order to begin construction on this project, he explained that the final design of the walkway and construction specifications must be completed. Mr. Carter presented members with a map depicting the Greenway area and the proposed design.
Mr. Carter advised members that staff has been working with Landscape Architectural Services and that a negotiated a price of $22,000 has been received to complete the final design and construction documentation for the Greenway from Silver Lake Park to and including the PW II site. Staff recommended approval of the selection of Landscape Architectural Services at the price of $22,000 to complete the St. Jones River Greenway final design and construction documents. He stated that the price includes the following items:
1) Site Analysis
2) Design Development
3) Construction Plans and Specification Phase
4) Grading, Drainage and Soil Erosion Control Plan
5) Location and Dimension Plan
6) Construction Plans and Details
7) Construction Bidding
8) Site Inspection
9) Post Implementation
Responding to Mr. Salters, Mr. Worley explained that this project would have required staff to request proposals rather than bids. He reminded members that Landscape Architectural Services performed the original conceptual plan for the Greenway and since Council requested that this project be accelerated, staff directly contacted Landscape Architectural Services. Mr. Worley stated that the project would be delayed if proposals were solicited. He assured members that bids will be requested for the construction phase of the St. Jones Greenway.
In response to Mr. Leary, Mr. Worley advised members that the funding for the project has already been established which consists of a $200,000 State grant, $255,000 from State Legislators, and approximately $145,000 in parkland reserve funds. He stated that the State grant money could be rescinded and redistributed to another municipality if the City does not expend the funds in a timely manner.
Mr. Salters moved to recommend approval of the selection of Landscape Architectural Services at the price of $22,000 to complete the St. Jones River Greenway final design and construction documents, as recommended by staff. The motion was seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:15 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Councilman Lambert presiding in the absence of Chairman Hare. Councilman Leary was present and Councilman Daisey was deputized to serve as a member.
PARKING - SILVER LAKE BOULEVARD
Mr. Lee Blankenship, President of the Silver Lake Townhouses Community Association, Inc., submitted a letter concerning parking along Silver Lake Boulevard. He indicated that there are vehicles that park on both sides of the street creating a safety hazard for pedestrians and vehicles.
Mr. Ron Bogia, 937 Silver Lake Boulevard, advised members that the employees of those businesses located across from the Silver Lake Townhouses are utilizing Silver Lake Boulevard to park their vehicles rather than the off-street parking provided by their employer. He stated that an excessive number of vehicles are parking in the vicinity of the MBNA Building. Mr. Bogia stated that the residents are concerned with safety and the aesthetics of the area and request the City's assistance.
Mr. DePrima stated that the office buildings along the street meet the City of Dover Code requirements relative to adequate off-street parking facilities. He explained that the City can mandate that adequate off-street parking be provided; however, it is very difficult to force someone to utilize the provided spaces.
Although Silver Lake Boulevard was never intended to provide parking facilities for nearby businesses, Chief Hutchison advised members that Silver Lake Boulevard is a very wide street that does not currently prohibit on-street parking. He stated that the prohibition of parking along Silver Lake Boulevard would require Council approval.
Responding to Mayor Knopf, Mr. Bogia stated that the residents have not contacted any of the businesses to request their assistance.
Mr. Daisey moved to recommend that Chief Hutchison contact MBNA, Wilmington College and other businesses in the area in an attempt to alleviate the parking concerns on Silver Lake Boulevard. The motion was seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:32 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert and Mr. Carey.
REQUEST FOR ANNEXATION - JOSEPH AND IDELLA SUDLER - 321 COLLEGE ROAD
The committee considered a request for annexation of property located at 321 College Road, owned by Joseph and Idella Sudler. The property is comprised of lots #149 and #150 in the College Settlement Subdivision.
Mr. DePrima stated that the property is currently occupied by a single story dwelling and is zoned RMH (Residential Mobile Home) in Kent County. He advised members that the surrounding properties already within the corporate limits of the City of Dover are zoned RG-4 and RG-3. In accordance with the Comprehensive Plan, this area should be utilized for Medium Density Residential purposes. Mr. DePrima stated that the Planning Commission has reviewed the request and recommended a zoning classification of RG-3 (Group Housing).
Mr. Lambert moved to recommend that an annexation referendum be held for property located at 321 College Road, owned by Joseph and Idella Sudler. The motion was seconded by Mr. Carey and unanimously carried. (It is recommended that the referendum be held on July 16, 1992 - Resolution - Attachment #2).
TREE ROOTS/SIDEWALK REPAIRS - 716 N. GOVERNORS AVENUE
The committee considered a letter from Mrs. Jane Binder, 716 N. Governors Avenue, requesting relief from the costs of a sidewalk assessment that was levied in 1990. She also requested that the current sidewalk assessment policy regarding sidewalks damaged by trees be modified.
Mr. Worley advised members that the Grounds Superintendent, Mr. William Cooper, has evaluated the tree and determined that it is healthy. In accordance with the current sidewalk policy, he explained that the City pays for trimming of tree roots which can cause damage to sidewalks; however, the cost of replacing the sidewalk is the homeowner's responsibility. Mr. Worley stated that since the assessment appeal period has expired, staff recommended that Mrs. Binder's request for relief of the sidewalk assessment be denied.
Mrs. Binder advised members that several years ago she had requested that the tree be removed. Since the tree was never removed and the roots damaged her sidewalk, she protested the sidewalk assessment upon receipt of the notice. Mrs. Binder stated that she has since received another notice advising her that a lien has been placed against her property in the amount of $364 for the sidewalk assessment. She stated that the roots of the tree are causing additional damage to the sidewalk and felt that she should not be responsible for repairing the sidewalk since the City has elected to have the tree remain. Mrs. Binder brought a limb that had recently fallen from the tree, noting that the tree appears to be diseased.
Responding Mr. Lambert, Mr. Worley stated that he will meet with staff from the Public Works Department to consider revising the present sidewalk program to alleviate some of the conflicts that are encountered.
Council President Christiansen suggested that Mrs. Tieman, Administrative Services Director, work with Mrs. Binder to establish an amiable payment plan for the present sidewalk assessment. He also suggested that Mr. Cooper be requested to re-evaluate the health of the tree and its root system.
Mr. Daisey requested that staff investigate the possibility of amending the present sidewalk program by taking into consideration those sidewalks that are damaged by trees that are owned by the City.
Mr. Lambert moved to recommend that staff be authorized to decrease the hardship on Mrs. Binder for the sidewalk assessment by establishing an amiable monthly payment plan; that the Grounds Superintendent re-evaluate the health of the tree damaging the sidewalk in front of 716 N. Governors Avenue; and that staff investigate the possibility of amending the sidewalk program. The motion was seconded by Mr. Carey and unanimously carried.
DELAWARE STATE COLLEGE - REQUEST FOR PRIVATE WELLS
The committee considered a request from Kenneth W. Bell, Research Director for the Delaware State College, for permission to utilize two private wells located on the College property in order to institute an aquaculture research/demonstration pond project. Mr. Bell indicated that the project site lacks water service and the wells would provide a means of supplying the water needed with a negligible impact on Dover's water supply. Members were provided with maps depicting the proposed facility and location of the site.
In accordance with Section 22-188(a) of the Dover Code, Mr. Braun advised members that approval must be granted by City Council by adoption of a Resolution. Staff recommended approval of the request for the two private wells on Delaware State College property.
Mr. Lambert moved to recommend acceptance of staff's recommendation and that a Resolution be presented to Council for adoption (Attachment #3). It was stipulated that the water be utilized for educational and agricultural purposes only. The motion was seconded by Mr. Daisey and unanimously carried.
1992 STREET/STORMWATER PROGRAM
Over the last year, Mr. Worley advised members that three (3) projects have been proposed for General Obligation Bonds rather than being included in the operating budget, as follows:
1)The annual street, curb, sidewalk, alley and handicap ramp programs were removed from the 1991/92 operating budget so that they would not have an effect on the tax rate. It was proposed during the budget process that these projects be included in a bond issue during the fiscal year. These projects total $376,000.
2)During the early discussions on the bond referendum last year, the Tar Ditch Improvements were deleted to reduce the amount of that bond issue. These projects as well as the Pear Street Ditch project, which was also delayed, total $951,000.
3)Preparation of the 1992/93 operating budget has again eliminated the capital projects and it was proposed that the projects be funded by a bond issue. These projects total $388,600.
Mr. Worley explained that Section 50 of the Charter allows the issuance of bonds to finance public storm sewers, streets and appurtenances to be authorized without a referendum vote, by a Resolution adopted by Council, which must have the affirmative vote of three-fourths of the members and the approval of the Mayor, provided the bonds do not exceed the sum of one million dollars. He reminded members that it was originally intended to issue bonds for the 1991/92 street work and the first phase of the Tar Ditch Improvements for a total bond issue of $961,000. During budget preparations, Mr. Worley stated that the possibility of including both street programs in this bond issue and including all storm sewer work in a separate bond issue was discussed. Due to the timing of this bond issue, even if both street programs were included, the second half of the program would have to be done in the spring. Staff felt that it would be better to include the 1991/92 street work and the first phase of the Tar Ditch Improvements in a 1992 Bond Issue in the amount of $961,000, and that the 1992/93 street work and the remainder of the storm sewer work in a 1993 Bond Issue in the amount of $794,600. Staff recommended approval of the 1992 Street/Stormwater Program totalling $961,000.
Responding to Mr. Leary, Mr. Worley stated that prior to the issuance of bonds, the matter will be presented to the Legislative and Finance Committee for review and final approval by Council.
Mr. Lambert moved to recommend approval of the 1992 Street/Stormwater Program totalling $961,000, seconded by Mr. Carey and unanimously carried.
DELAWARE MUNICIPAL ELECTRIC CORP. (DEMEC)
The committee considered a letter from Mr. Albert K. Martin, President of the Delaware Municipal Electric Corporation (DEMEC), inviting the City of Dover to join the Corporation.
Mr. Worley stated that there are several advantages to group municipal membership. He advised members that there are no annual dues required for DEMEC membership, nor are municipal members required to participate in any of DEMEC's programs. He stated that Dover has many common interests with the other electric cities in Delaware. By joining DEMEC, Mr. Worley explained that these interests could be pooled for the benefit of all, particularly as it pertains to legislative issues and future power supply planning. Staff recommended that the City accept the offer and join DEMEC.
Mr. Carey moved to recommend that the City of Dover join the Delaware Municipal Electric Corporation (DEMEC), seconded by Mr. Lambert and unanimously carried.
OVERHEAD ELECTRIC WIRES TO UNDERGROUND CITY-WIDE
One of Council's goals for 1991/92 was to consider the feasibility of placing all of the City's existing overhead power lines underground. Mr. Worley reported that the electric service to all new residential, routine commercial and any changes in existing service to this class of customers are required to be underground. With regards to existing overhead electric systems, Mr. Worley explained that some systems have been placed underground primarily in the downtown area and some selected residential neighborhoods. He stated that it is estimated to cost $75 million for this program and that staff has not worked extensively on this project due to the economy.
Staff recommended that the City utilize underground systems; however, does not recommend an immediate expenditure of $75 million. It was further recommended that the current approach be continued by requiring underground electric wires for all new developments and a regular program to incrementally convert the existing overhead wires.
Mr. Lambert moved to recommend acceptance of the report and to authorize staff to continue with the current policy on converting overhead electric wires to underground city-wide. The motion was seconded by Mr. Carey and unanimously carried.
REMOTE WATER METERS - NEW CONSTRUCTION (MR. LAMBERT)
Feeling that staff should have the capability of reading water meters from the outside, Mr. Lambert requested that staff investigate the feasibility of requiring remote water meters on new construction and that a report be submitted back to the committee.
Mr. Leary moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 9:35 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/jg
Attachments