COUNCIL COMMITTEES
The Council Committees Meeting was held on April 28, 1992, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Weyandt, Mr. Daisey, Mr. Levitt, Mr. Lynn, Mr. Salters, Mr. Pitts, and Mr. Lambert.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested deletion of the Capital Improvement Plan from all committees. Mr. Weyandt requested additions to the Legislative and Finance Committee agenda for (1) Selection of Auditor - item #2A, and (2) Review of the City Manager Report - item #5. Due to the large number of citizens present for the Safety Advisory Committee, it was agreed that the Safety Advisory Committee would meet prior to the Legislative and Finance Committee.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Salters presiding. Members present were Councilmen Pitts and Lambert. Councilman Hare was absent.
Closing of E. Loockerman Street
During the Safety Advisory Committee meeting of March 24, 1992, Council informally directed staff to temporarily close off E. Loockerman Street in the interest of public safety. In the interim staff was to investigate possible solutions to traffic and safety issues brought before the committee by residents of E. Loockerman Street. Residents relayed unsafe conditions due to an extremely heavy traffic flow on a very narrow road, no sidewalks or curbs and a bad curve. Several accidents have taken place, resulting in property damage and two homes being struck by vehicles.
Staff recommended that the road remain temporarily closed until statistical information, based on the last few years, can be reviewed by DelDOT. The Dover Police Department has conducted two days of traffic surveys in the area of E. Loockerman Street, the results of which will be furnished to DelDOT for review. Also furnished to DelDOT is the statistical information of U.S. Route #13 and Loockerman Street, along with the access road, which will have an impact on this overall action. City and DelDOT staff will review this matter as quickly as possible.
It was noted by staff that should Council wish to pursue consideration of the permanent closing of E. Loockerman Street, the matter must be reviewed by the Planning Commission for a recommendation to Council.
Members of the public were invited to relay their feelings on the subject.
Joseph Smack of 940 Buck Drive - suggested that Council base its decision on statistical information rather than on emotional arguments. Mr. Smack reiterated previous suggestions for alternatives to closing of the street. Mr. Smack referred to the City Charter, Section 27 stating that adoption of a resolution and public hearing is necessary for altering the street. Mrs. Boaman, City Clerk, relayed that closing of a street is addressed in Section 29 of the Charter and authorization by staff to temporarily close a street is addressed in Section 19-2 of the City Code.
Ed Cox of 798 E. Loockerman Street - requested that Council take action to serve those that live where the problem occurs and not those that live in other areas, noting that it is impossible to please everyone. He asked that Council remember that this is a public safety issue.
Veronica Cerny of 728 E. Loockerman Street - stated that not all E. Loockerman Street residents are satisfied with the closing of the street. She stated that it is very inconvenient and forces drivers to exit onto Division Street where there is no traffic light. She suggested that E. Loockerman Street be made into a cul-de-sac, which would eliminate thru-traffic and would allow access to Route #13 by residents.
Rod Hill of 801 E. Loockerman Street - stated that the proposed by-pass is not going to help Loockerman Street, feeling that the problem is a local traffic problem. He urged Council to keep this street closed. Referring to problems of thru-traffic in the Edgehill Shopping Center, he suggested that the Center move their thru-lane to the far end (close to the highway) so that it is not convenient for vehicles to dart through the parking lot.
T. Magoo Dorcy of 1131 S. Bay Road - informed the public that he has supplied the City with information from Columbus, Ohio that will help Dover resolve the traffic problems on E. Loockerman Street. The proposal includes suggested installation of curbs, sidewalks and speed humps.
Al Suber, franchise owner of Burger King located on the corner of E. Loockerman Street - relayed that closing of the street has resulted in safety hazards for those attempting to exit at Route #13 from the local business. He also stated that business has been adversely effected by the street closing.
James Wilson of 251 Bradley Road - stated that radar enforcement is necessary to ensure citizen safety. He stated, however, that E. Loockerman Street is a public street and access should not be denied.
Bob Tudor of 706 E. Division Street - relayed his opinion that suggested solutions such as a one-way street, speed humps and Jersey barriers are not feasible solutions. He stated that the only solution is enforcement of the current laws. Mr. Tudor objected to the City allowing the State to tell the City how to handle its problems.
Ernest Danneman, co-owner of Edgehill Shopping Center - relayed that the closing of the street has diverted traffic through the shopping center which is a safety hazard to their customers.
John Seacord of 68 N. Halsey Road stated that streets in the entire development are inadequate to handle the type of traffic currently being experienced. The closing of E. Loockerman Street has only shifted the problem to other streets.
Harry Hayes of 860 E. Loockerman Street - stated that he is the initiator of the petition. He implored Council to leave the barriers up until a permanent solution is found.
Vito DiFonzio of 761 E. Loockerman Street - explained that E. Loockerman Street has experienced six incidents of vehicles hitting four homes (two homes being hit twice). Although other streets in the development are narrow, he reminded Council that the other streets have not experienced the types of accidents being experienced on E. Loockerman Street.
Tony Darpino of 731 E. Division Street, as the Vice-President of the Edgehill Civic Association - stated that the action of Council has resulted in neighbors fighting neighbors. He requested that Council work quickly to resolve this matter so that harmony can be restored in the community.
Norma Nickerson of 728 Whiteoak Road - stated that the blocking of E. Loockerman Street also blocked off N. Edgehill Avenue. She suggested that the barrier be moved back further so that N. Edgehill Avenue is not blocked.
Mae Salevan of 18 Upland Avenue - relayed her feeling that there is excessive traffic throughout the Edgehill development. She has observed large delivery trucks utilizing Upland Avenue which is a very narrow street. Although she does not favor this type of traffic, she stated that she has become accustomed to it and feels that it is a matter of growth.
Ruth Tee of 822 Whiteoak Road - stated her opinion that members of Council acted out of concern for the safety of our citizens. She suggested that the citizens are looking only at their selfish interests instead of citizen safety. She relayed that Whiteoak Road has experienced a tremendous increase in traffic and that many accidents have occurred. She stated that Council must continue to act on safety issues regardless of the popularity of their decision.
Glenn Mahan of 411 Nimitz Road, as the President of Whiteoak/Towne Point Civic Association - stated that as a taxpayer of the City, he has every right to utilize any street in the City. He suggested that if E. Loockerman Street is going to be closed off, that the residents of the street be required to pay for all maintenance. He also suggested that Nimitz Road and Frear Drive be considered for closure if other City streets are to be closed.
Mr. Lambert relayed that members of Council sincerely want to do the right thing for all concerned. However, a safety concern has a higher priority than inconvenience. He stated that Council needs the necessary information before a final decision can be made.
Mr. Lambert moved to recommend that Council keep this matter on the table until the necessary information is available for evaluation by the committee; stipulating that the police department increase enforcement and that staff request weekly updates on the status of DelDOT's review. The motion was seconded by Mr. Daisey and carried with Mr. Pitts voting no.
Meeting Adjourned at 8:30 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Weyandt presiding. Members present were Councilmen Lynn and Mr. Leary. Councilman Hare was absent.
Public Posting of Delinquent Bills
During a previous meeting, staff was directed to investigate the legality of posting lists of unpaid bills for outstanding water, electric, and ambulance services. The Deputy Solicitor has determined that the posting of lists of delinquent customers is legal providing the information contained on the lists is accurate.
Mr. Pepper expressed concerns of posting delinquent ambulance bills because the City has agreed to accept assignments from Medicaid and insurance providers. Any difference in the amount billed and the amount accepted is ultimately written off. He felt that it would be unfair to post the customers as delinquent since the City has agreed to accept the lesser payment.
City staff recommended that the City not post lists of unpaid bills. The City has an excellent record of collections when compared to the volume of bills rendered. It was staff's feeling that posting the names of delinquent customers will not have a dramatic impact on the City's collection function.
However, if the committee wishes to post lists of unpaid bills, staff recommended the following guidelines:
1)Post name, address, and outstanding amounts.
2)Public display of these lists should be limited to the City Hall and 5 East Reed Street.
3)Debtor information would only be posted after all other avenues of collection have been attempted and failed.
4)Debtor information would only be posted after outstanding amounts have not been collected after a period of one year or more.
5)Debtor information would be updated quarterly and purged after a period of one year.
Mr. Leary moved to recommend that the City post lists of unpaid bills for water and electric services only. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Salters suggested that staff review the lists carefully prior to posting to determine if deceased persons appear on the lists. Mr. Levitt suggested that the lists contain a codicil requesting that the public contact the City if they are aware of the death of anyone listed on the delinquent bills list.
Expansion of Target Area for Development Incentive Program
In December 1990, City Council adopted an ordinance creating development incentives to promote redevelopment of downtown Dover and the surrounding area. The "target area" is bordered on the west by the railroad, Cecil Street to the north, St. Jones River to the east and Dover Street to the south.
The Downtown Dover Development Corporation has recommended that Council expand the target area to include the area from Division Street north to Delaware Avenue and east to the St. Jones River. The DDDC wishes to encourage further redevelopment activities and believes inclusion of the proposed area in the ordinance will accomplish that objective.
Ms. Swain stated that only two approved properties have taken advantage of the development incentive program.
Mr. Lynn moved to recommend that the ordinance be amended to expand the target area as recommended by the DDDC (Attachment #1). The motion was seconded by Mr. Leary and unanimously carried.
Appointment of Independent Auditors
The City requests proposals every three years for audit services. This year three proposals were received. One firm, Jefferson, Urian quoted a fee of $67,800, which is $900 less than the fee quoted by our current auditor, Faw Casson and Co. However, Mr. Karia felt that the current firm, Faw Casson & Co. has a significant technical advantage over the second firm in the area of the financial report requirements set forth by the Government Finance Officers Association. Mr. Weyandt relayed that the lowest quote firm is not experienced in the electric revenue field.
Members of the committee felt that the current auditors should be appointed and that the fees should be discussed with them to determine if they could be lowered. Mr. Karia reported that he has discussed this matter with Faw Casson & Co. and they have agreed to lower their fee by $1,350.
Mr. Lynn moved to recommend that Faw Casson & Co. of Dover, Delaware be appointed as the City of Dover's independent auditors for audit services for the fiscal years 1991-92, 1992-93 and 1993-94 with the following conditions:
1)The City has the right to cancel this agreement if the City is not satisfied with the services. Such a cancellation can take place after the completion of an audit for any year. In such an event, the City shall not be liable to pay the fees for the remaining years.
2)The fees for the three years will be as follows:
Audit Services for 1991-92$21,450
Audit Services for 1992-93$22,450
Audit Services for 1993-94$23,450
The motion was seconded by Mr. Leary and unanimously carried.
Request by Planning Commission to Consider Building Moratorium for Whiteoak Road
City of Dover Planning Commission Chairman, John Davis, and Vice-Chairman, Tom Holt, addressed the committee relative to a request by the Planning Commission for a building moratorium for Whiteoak Road. Mr. DePrima, City Planner, explained that there are a number of problems in the Whiteoak Road area that could worsen with further development. During the course of the necessary review for developers, many problems have arisen that are outside their ability to solve. Some problems identified are that the road lacks shoulders and sidewalks along portions of the road, the drainage should be closed from Route #13 to the new by-pass, and there are too many entrances that could be shared and channelized. No improvements are currently planned by the City in its Capital Improvements Plan. However, the areas under study are a part of the Greater Area Study which has identified three deficient locations in the area: (1) Whiteoak Road and Route #13, (2) Route #13 from Division Street to Whiteoak Road, and (3) Route #13 from Whiteoak Road to State Street. This study is expected to be completed by August 1992.
Mr. Christiansen reported that Senator Still has pledged $85,000 to address traffic and drainage problems. He has relayed that an additional $300,000 has been pledged by DelDOT to address the traffic, drainage and safety issues. It is anticipated that the project will take two years for completion. Members of the committee and Council relayed their concern with the problems on Whiteoak Road.
Responding to questions by Ms. Ruth Tee, Mr. Worley stated that there are no current plans for the installation of sidewalks near her home, on the south side of Whiteoak Road.
Mr. Lynn moved that the City Planner be authorized to work with the City Solicitor to develop the necessary language and criteria to institute a moratorium for development on Whiteoak Road; stipulating that this information be brought back to the committee for review. The motion was seconded by Mr. Leary and unanimously carried.
Update on Computer Program
The Computer System Ad Hoc Committee has met several times. The position of Director of Information Services has been advertised although a job description has not yet been written. It is hoped that the new Director will be on board by July.
The committee took no action on the matter.
City Manager's Monthly Report
In response to many questions by Mr. Weyandt, the City Manager relayed status reports on several items contained in the City Manager's Report for the month of March. The committee took no official action on the report.
Mr. Lynn moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 9:35 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert. Councilman Hare, Mrs. McIntosh, Mrs. Wasko and Mr. Engstenberg were absent.
Open Space Requirement - Westwood
The Planning Commission recommended that the City accept from the Westwood Development a combination of land donation in the amount of 1.45+/- acres (which equals 50% of the development's required land area donation) and $39,785 (which equals the value of the remaining 50% of the land requirement) to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. The City Assessor has determined that the value of the land is $795,700.
Mr. DePrima explained that the Westwood Development contains 28.94+/- acres and is located on the southerly corner of the intersection of Kenton and Chestnut Grove Roads. The open space will be located in the rear of the development. It is anticipated that another subdivision will be located behind the Westwood subdivision. If so, the open space for the new subdivision will be located adjacent to the Westwood open space.
Mr. Daisey and Mr. Lambert questioned if the land requested by the Planning Commission is adequate for the needs of the neighborhood. Mr. Carter, Recreational Director, stated that staff feels that the needs of the development will be met and that the requested land donation will be sufficient. Mr. DePrima stated that in addition to the land donated for dedicated open space, there is significant private open space in the development. Mr. Lambert expressed concern with the acceptance of cash in lieu of parkland, feeling that the 10% land donation requirement was set based upon the expected need for parkland.
Mr. Salters informed the committee that the City already has a development known as "Westwood Place" and suggested that the name of the subdivision be changed to avoid confusion.
Mr. Lambert moved to recommend that Council accept from the Westwood Development a combination of land donation in the amount of 1.45+/- acres (which equals 50% of the development's required land area donation) and $39,785 (which equals the value of the remaining 50% of the land requirement) to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. The motion was seconded by Mr. Pitts and unanimously carried.
Open Space Requirement - Acorn Farms
During its April 20, 1992 meeting, the Planning Commission recommended that Council accept from the Acorn Farms development a combination of a land donation in the amount of 1.24 acres (which equals 62% of the development's required land area donation) and a cash donation in the amount of $9,600 (which equals the value of the remaining 48% of the land donation) to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. The City Assessor has determined that the value of the land is $200,000. The subdivision consists of 20+/- acres, located at the northeasterly corner of the intersection of Acorn Lane and North Little Creek Road.
Mr. DePrima stated that the subdivision is being developed under the Cluster option which allows duplexes on smaller lots, but a larger open space requirement (25% of land area dedicated to open space).
Members of Council expressed concern with developers altering their original plans to higher density plans which effect utilities, streets, traffic, etc.
Mr. Doug VanSant, representing Donovan Associates who designed the project, explained that there is over six acres of open space on the subdivision, equating to 30% which is in excess of the 25% requirement. Open space will abut every lot in the subdivision but will be maintained privately. Only the dedicated 1.24+/- acres will be maintained by the City.
Mr. Pitts moved to recommend that Council accept from the Acorn Farms development a combination of a land donation in the amount of 1.24 acres (which equals 62% of the development's required land area donation) and cash donation in the amount of $9,600 (which equals the value of the remaining 48% of the land donation) to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. The motion was seconded by Mr. Daisey and carried with Mr. Lambert voting no.
NOTE: Calculations for the cash donation of the open space requirement were incorrect. The correct motion should read as follows: "Council accept from the Acorn Farms development a combination of a land donation in the amount of 1.24 acres (which equals 62% of the development's required land area donation) and cash donation in the amount of $7,600 (which equals the value of the remaining 38% of the land donation) to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations."
Mr. Pitts 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 Levitt presiding. Members present were Mr. Salters, Mr. Daisey and Mr. Carey.
Acceptance of Streets and Utilities - North West Dover Heights
The developer of North West Dover Heights has requested that the streets and utilities be accepted for maintenance and ownership by the City. Only a small portion of the development (portion of Virginia Avenue) is effected. City staff has inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. That work has been completed. A one-year maintenance agreement, and bond and release of liabilities have been submitted.
Mr. Daisey moved to recommend acceptance of the dedication of North West Dover Heights (Virginia Avenue), seconded by Mr. Carey and unanimously carried.
Fuel Oil Supply for McKee Run Generating Station
The City purchases #6 fuel oil for the McKee Run Station on a one year contract which is bid each year. Each contract contains a clause which allows the City to extend the contract for an additional one year period. The current contract was awarded to Amerada Hess Corporation on July 1, 1991. Due to discussions with DNREC relative to fuel specifications, staff has not advertised for bids for fuel oil. Staff recommended that the current Hess contracted be extended for one year. Hess has agreed to supply either the higher sulfur or the 1% sulfur oil based on our needs. This will allow us to maximize the mix between the lower cost of high sulfur oil and the reduction of emissions and reduced maintenance cost with the higher cost lower sulfur oil.
Mr. Carey moved to recommend that staff be authorized to extend the current contract with Amerada Hess Corporation for one year, seconded by Mr. Daisey and unanimously carried.
Mr. Daisey moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 10:35 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/DJB/jg
Attachment