REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 22, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Fire Chief Hurley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Coker, followed by the Pledge of Allegiance,
AGENDA ADDITIONS/DELETIONS
Noting that Councilman Hall will be arriving late for the Council Meeting, Council President Christiansen requested that item #6 "Safety Advisory Committee Report" be moved to follow item #8. "Monthly Reports".
Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried (Mr. Hall absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 8, 1991
The Minutes of the Regular Council Meeting of April 3, 1991 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
PROCLAMATION - ARBOR DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, Arbor Day was first proposed by J. Sterling Morton in 1872 as a special day to be set aside for the planting of trees and to recognize the importance, of trees in our lives: and
WHEREAS, all citizens of our City should recognize that trees not only beautify our community, but also provide economic, health, and environmental benefits; and
WHEREAS, the City of Dover was once again named a 1990 Tree City USA by the National Arbor Day Foundation. recognizing Dover for it's outstanding urban forestry program; and
WHEREAS, the City of Dover is participating in the President's "America the Beautiful" thrust toward increased tree planting and maintenance in the United States; and
WHEREAS, the American Forestry Association has a Global ReLeaf Program that encourages communities to join efforts in the national goal of planting 100 million new trees by 1992, an effort to combat the "Global Warming" effect; and
WHEREAS, the City of Dover plants approximately 100 new trees each year and will conduct commemorative tree plantings on Arbor Day; and
WHEREAS, trees are the only living witnesses to the Constitution Ratification that was enacted in Dover which was an important step in our great nation, and as J. Sterling Morton said, "trees are a joy forever".
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM APRIL 26, 1991, ARBOR DAY IN DOVER AND ENCOURAGE CITIZENS TO JOIN THE CITY OF DOVER IN PUBLIC COMMEMORATIVE TREE PLANTINGS AND IN RECOGNIZING THE IMPORTANCE OF TREES IN OUR LIVES.
The Proclamation was presented to William Cooper, City of Dover Grounds Superintendent, by Mayor Richter.
PROCLAMATION - ODYSSEY OF THE MIND DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the "Odyssey of the Mind" program is a creative problem solving competition that is a positive and unique opportunity for our children to realize, through teamwork and cooperation, that learning can be a great joy; and
WHEREAS, this program is a socially and educationally challenging experience for the youth in our schools; and
WHEREAS, there will be six teams from Dover representing Delaware at the 1991 World Competition in Tennessee.
NOW, THEREFORE, I JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 20, 1991, to be "Odyssey of the Mind" Day and urge citizens to give our youth the praise and support they deserve during this occasion.
Mayor Richter presented the Proclamation to Mr. Geoff Young and three members of the team that will represent Dover at the 1991 World Competition in Tennessee.
PROCLAMATION - SMALL BUSINESS WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the history of America is one of a country at work-- a country of farmers, manufacturers and merchants joining together to create a greater society; and
WHEREAS, our growing and thriving nation is built on individual initiative, a competitive character and intense pride in our achievements; and
WHEREAS, the Central Delaware Chamber of Commerce engages in activities to help assist business persons and each year nominates small business persons as examples of the quality of the business persons in Central Delaware; and
WHEREAS, this year, the Central Delaware Chamber of Commerce has nominated: Gerald A. Donovan - Gerald A. Donovan Associates, Inc. and Capital Reprographics; Ray E. Jones - Ray's & Sons, Inc.; William R. Kircher - Family Heating and Air Conditioning; John Koutoufaris - Blue Coat Inn; and Nancy E. Ward - J & J Ceramic Studio; as outstanding small business persons.
NOW, THEREFORE, I, JOHN E. RICHTER, Mayor of the City of Dover, do hereby proclaim the week of May 5 - 12, 1991, as
SMALL BUSINESS WEEK
in the City of Dover, Kent County, Delaware, and ask that all in our fine City pay tribute to its small business men and women.
ROUTE #113 WATER ASSESSMENT APPEALS HEARINGS
In accordance with Section 28C of the City Charter, hearings were scheduled for April 22, 1991 at 7:30 p.m. for property owners appealing their assessment charges for the installation of water at their property located on Route #113. Those appealing the charges are:
1. Furr's Tire Service Frank Furr
2. Jim's Auto Trim James Walton
3. Russo's Restaurant Abraham Katcher
4. Iron Gate Restaurant James Lebeau
5. Betsy Ross Restaurant Cathy Theoperocus
6. Dover Auto Body Stephen Campagmini
7. Kings Cliff MHP
In the interest of time and to afford the property owners ample opportunity to present all facts. Council President Christiansen suggested that a subcommittee of Council be appointed to hear the water assessment appeals.
Questioning the need for the appointment of a subcommittee. Mr. Weyandt asked the affected present property owners if they had any objections to this action. A spokesperson for the property owners stated no objections to the appointment of a subcommittee to hear their appeals, but requested that more time be allotted for notification to the property owners of a meeting date. He stated that many of the affected property owners did not have sufficient notice to be able to attend this meeting.
Council President Christiansen requested the appointment of Councilmen Levitt, Weyandt, Salters and Daisey to hear the assessment appeals.
Mr. Salters moved to approve the appointment of the subcommittee as requested by Council President Christiansen and that a date be set to hear the appeals. The motion was seconded by Mr. Levitt and unanimously carried (Mr. Hall absent). (It is noted that the appeal hearing was set for May 6, 1991 at 6:30 p.m. in the Caucus Room of City Hall.)
ELECTION RESULTS
The City Clerk reported that the Municipal Election was held on April 15, 1991, with only two districts contested. For the First District Contest, 208 votes were cast for Charles N. Hall, and 245 votes were cast for William F. Hare. In the Second District, 217 votes were cast for William H. Daisey, and 58 votes were cast for John C. Kernan. There were a total of 731 votes cast in the election.
Those uncontested were Irving S. Levitt in the Third District. Reuben Salters in the Fourth District. and Robin R. Christiansen for Council At-Large.
Mr. VanSant moved for acceptance of the election results as reported. seconded by Mr. Weyandt and unanimously carried (Mr. Hall absent).
UTILITY COMMITTEE REPORT
The Utility Committee met on April 9, 1991 with Acting Chairman Levitt presiding.
Request for Alley Abandonment - Diane Cooke - 16 S. Edgehill Avenue
A request was received from Ms. Diane Cook for abandonment of the alley that runs along side her property at 16 South Edgehill Avenue.
During the Development Advisory Committee Meeting, the Electric Department recommended that the alley not be abandoned due to the present location of transformers in the alley. The DAC will forward their report to the Planning Commission to be considered during their meeting on April 15, 1991.
The committee tabled action on the request for alley abandonment pending the Planning Commission's review and recommendation.
Request for Alley Abandonment - Robbins Hose Company - Alley Directly Behind Fire Station
The Robbins Hose Company submitted a request for abandonment of the alley behind the fire station that connects Reed Street and Minor Street. The request would enable Robbins Hose Company to erect a fence in the south area of the parking lot that would prevent pedestrians and motorists from using the parking lot as a thoroughfare. The fence would also protect the members' personal automobiles, since they are left unattended for unknown periods of time during alarms.
Staff examined traffic movements through the alley and the effects the closing would have on adjoining properties in terms of accessibility and the ability to provide City services. Abandonment of the alley would create “land locked" properties, would not allow good accessibility, and would be detrimental in providing City services; therefore, staff recommended denial of the alley abandonment.
Based on the City Manager's recommendation, the Planning Commission recommended denial of the alley abandonment.
The committee recommended that the request for alley abandonment by Robbins Hose Company be denied.
Mr. Levitt moved for acceptance of the committee's recommendation to deny the request for alley abandonment, seconded by Mr. Weyandt and unanimously carried (Mr. Hall absent).
Proposed Ordinance - Issuance of Temporary Certificate of Occupancy
During their Regular Meeting of January 28, 1991, City Council considered the concerns of a resident regarding building code violations as they related to items of grading and drainage in the issuance of a Final Certificate of Occupancy for their property. The City Planner was authorized to present the issue to the City Solicitor for a possible solution to the matter.
Based on research of other jurisdiction procedures and inquiries to the National Institute of Municipal Law Officers, the City Solicitor and Planner submitted a draft ordinance that would amend the Dover Code by adding a new Section 5-2. An Agreement and Affidavit for the Issuance of a Temporary Certificate of Occupancy would also be required.
The amendment to the Code would allow the Building Inspector to grant temporary certificates of occupancy with regards to such items as grading, seeding, soil stabilization and other similar work when such work cannot be completed due to weather or the season. When a temporary certificate of occupancy is granted. it would be conditioned on the builder executing an affidavit agreeing to complete the items specified within a time period which would also be specified. Failure to complete or comply with the conditions would result in revocation of the temporary certificate of occupancy atid the refusal to grant further building permits and other actions which the Building Inspector may deeni appropriate.
The committee recommended approval of the proposed ordinance.
Mr. Levitt moved for approval of the committee's recommendation, noting that the proposed ordinance will be considered for the First Reading cluring the latter part of this meeting, with Final Reading to take place on May 13, 1991. The motion was seconded by Mr. Weyandt and unanimously carried (Mr. Hall absent).
Acceptance of Streets and Utilities - Enterprise Business Park - Phase II
The developer of Enterprise Business Park requested that the streets and titilities of Phase II be accepted for maintenance and ownership by the City. Staff 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 a release of liabilities have all been submitted. The committee recommended acceptance of the dedication of Enterprise Business Park - Phase II.
Mr. Levitt moved for approval of the committee's recommendation to accept the dedication of Enterprise Business Park - Phase II. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote (Mr. Hall absent).
Acceptance of Streets and Utilities - Bicentennial Village - Phase III
The developer of Bicentennial Village III has requested ttiat the streets and utilities of Phase III be accepted for maintenance and ownership by the 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 a release of liabilities have all been submitted. The committee recommended acceptance of the dedication of Bicentennial Village - Phase III.
Mr. Levitt moved for approval of the committee's recommendation for acceptance of the dedication of Bicentennial Village - Phase III. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Hall absent).
Subdivision Driveway Connection Design
While considering subdivision acceptances during that past several months, the committee relayed concerns on the condition of some of the driveways and whether the design of the driveway is adequate.
Staff provided committee members with details of the current standards which indicate that expansion joints are required between the curb and apron, and between the apron and the driveway and that all concrete is to be six inches thick, In reviewing the matter, staff found that driveways are being installed in accordance with the current standards. Staff recommended that the City maintain the current design standard for residential driveways.
Mr. Worley assured committee members that staff will continue to examine the condition of driveways that are of concern to members. Also, staff will continue to monitor the committee's concerns for possible design problems.
The committee recommended that the City maintain the current design standard for residential driveways.
Responding to questions of Mr. Weyandt, Mr. Worley stated his feeling that should a major design problem occur, Council would address cases that might be affected by the defect.
Council took no further action.
Electric Department Staffing - Management Study
Staff was authorized to request proposals for a detailed study of the organization and management practices of the City of Dover Electric Department. Staff recommended awarding the bid to the lowest bidder, Resource Management International, at a cost of $39,936.
Mr. Worley explained that the Electric Department will have new responsibilities with the new combustion turbine plant and expanded use of electronic equipment. In addition, the department has been required by environmental agencies to take additional responsibilities for environmental reporting and growth. Higher reliability requirements have increased the need for operation reports and accounting. Staff reported that the study may indicate that more jobs could be performed "in-house"; therefore, money could be saved.
The committee recommended that staff be authorized to issue a purchase order to Resource Management International in the amount of $39,936.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Lynn.
Mr. Daisey reiterated previous objections to the need for studies of this nature. It was his feeling that the necessary information could be gleaned by sending our own staff to management conferences and seininars or by emulating the staffing structure of similar utilities.
Mr. VanSant alluded to the enormous complexity of the City's utility system, stating that Council has an obligation to meet the demands of its electric customers and must stay abreast of the latest technology and staffing requirements. He stated his feeling that an expenditure of $40,000 for a purely objectional staffing study would be money well spent.
Mr . Levitt and Mr. Salters also voiced their feeling for the dire need to keep abreast of the latest technology and to maintain whatever staffing is necessary to do so.
When a signed agreement is obtained, Mr. Weyandt requested that a completion date be specified.
Mr. Levitt and Mr. Lynn agreed to add to their motion, "that a reasonable completion date be made a part of the agreement". Mr. Lynn called for the question on the motion to authorize the issuance of a purchase in the amount of $39,936 to Resource Management International, stipulating that a reasonable completion date be made a part of the agreement. The motion was approved by approved by a roll call vote of eight (8) yes, one (1) no (Mr. Daisey).
Capital Improvement Plan - Utilities Sections
The committee set a Special Workshop for April 16, 1991 at 7:00 p.m. to review the utilities sections of the Capital Improvement Plan.
Relocation of Electric Power Lines
In conjunction with the By-Pass Project, the City is required to relocate 12kV distribution lines along a portion of Road 88 (behind Dover Downs). This project includes all poles and equipment, adjustment of service lines and a section to be converted to underground. The low bid was received from C.W. Wright in the amount of $43,500. The Engineer's estimate was $56,860. This costs of this project will be reimbursed by the State of Delaware.
The committee recommended that staff be authorized to issue a purchase order to C.W. Wright in the amount of $43,500.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Mr. Levitt moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
CITY MANAGER'S SEMI-ANNUAL INSPECTION OF ROBBINS HOSE COMPANY
In accordance with City ordinances, the City Manager inspected the Robbins Hose Fire Company and submitted a written report. Mr. Weyandt moved for acceptance of the report, seconded by Mr. Lynn and unanimously carried.
MONTHLY REPORTS - MARCH
Mr. VanSant moved for approval of the following monthly reports, seconded by Mr . Daisey and unanimously carried:
Chief of Police Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Upon receiving answers to specific questions, Mr. Weyandt moved for approval of the following reports, seconded by Mr. VanSant and unanimously carried:
Building Inspector and Fire Marshal Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Mr. Weyandt requested that an itemized list of expenditures for Mayor and Council accounts be submitted to the Legislative and Finance Committee.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on April 10, 1991 with Chairman Hall presiding.
Request for Loading Zone - Minor Street Alley - Kitchen Cupboard
A request for a designated loading zone on Minor Street, at the rear of 150 S. Bradford Street, was submitted by William Flayhart who owns and operates the Kitchen Cupboard. The loading zone would allow large trucks to load and unload at the entrance of the restaurant's kitchen.
Lt. Faulkner reported that the Police Department does not support this request, feeling that Minor Street is not wide enough to endure a loading zone.
The committee recommended that the item be tabled pending further review by City staff.
Council took no further action.
Downtown Traffic - Response Time for Robbins Hose Company Members
Members of the Robbins Hose Company requested that Governors Avenue and State Street be made one-way, in either direction, to allow for quicker response time for members.
Lt. Faulkner relayed the Police Department's concerns, stating that cross streets could be impacted to an extent that additional traffic signals would be necessary to compromise the flow of traffic.
Since there was no representation present from the Robbins Hose Company, the item was tabled pending further review by staff and representation by the Fire Company.
Council took no further action.
Concerns of Excessive Speed - Kesselring Avenue Area - Mrs. Durward Matthews
Mrs. Matthews expressed concern of excessive speed on Kesselring Avenue, stating that traffic signs are not benig observed east of New Burton Road and west of S. Governor's Avenue.
Lt. Faulkner reported that the Police Department instituted radar in several locations for six (6) hours on various dates, resulting in 4 (four) arrests and 15 warnings. He assured committee members that the Police Department will continue their efforts to prevent speeding.
The committee recommended that Mrs. Matthews' concerns be referred to the Police Department for their review and a report back to the committee.
Council took no further action.
Update on Traffic Control Issues
The committee was updated on several on-going traffic control issues but took no official action.
Mr. Hall moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Weyandt and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordniance was accomplished during tlle Council Meeting of April 8, 1991.
Section 19.5-19.1 - Transfer Tax Applicable to Certain Construction
Mr. VanSant moved that the fnial reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. VanSant moved for adoption of the following ordinance, seconded by Mr. Daisey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Dover Code of Ordinances is amended by adding a new section to be designated Subsection 19.5-19.1 to read as follows:
Section 19.5-19.1. Transfer Tax Applicable to Certain Construction
(a)Notwithstanding Subsection 19.5-19 of this Article, there shall be included in the definition of "document" for purposes of this Article any contract or other agreement or undertaking for the construction of al" or a part of any building all or a portion of which contract, agreement or undertaking (or any amendnient to the foregoing) is entered into, or labor and materials are supplied, either prior to the date of the transfer of the land on which the building is to be constructed or within one year of the date of the transfer to the grantee.
(b)No building permit shall be issued unless and until the person or persons (including corporations and/or other associations) requesting such permit shall demonstrate in whatever form may be specified by the City Manager, including at his discretion, a form of affidavit, that:
(I)No transfer as described in this section has occurred within the preceding year;
(ii)No portion of the contract for construction for which the permit is being requested was entered into and no materials or labor with respect to the building have been provided within one year of the date on which the property was transferred; or
(iii)There has been paid a realty transfer tax on the document as defined in this section.
(c)In addition, no certificate of occupancy shall be issued relative to any building on which a tax is provided by this section unless and until the owner recertifies the actual cost of the building and pays any additional tax due as a result of such recertification.
(d)A "building" for purposes of this section shall mean any structure having a roof support by columns or walls which structure is intended for supporting or sheltering any use or occupancy but shall not include any alteration of or addition to an existing building where the cost of said alteration or addition is less than 50% of the value of the property transferred.
(e)A "transfer" for purposes of this section shall include any transfer made by a "document" as described in Subsection 19.5-19 of this article and shall not include any transaction excluded from the definition of "document" under the provisions of subparagraphs (1) through (18) of Subsection 19.5-19 of this article.
(f)This section shall not apply to the application for a building permit by a builder or developer who acquires the land and obtains the permit for the purpose of including the land with improvements in the builder's or developer's inventory for resale.
(g)Notwithstanding Subsection 19.5-20 of this Article, the rate of tax on documents described in subsection (a) of this section shall be 1% on amounts exceeding $10,000, which shall be borne by the owner of the building whose construction is made subject to tax under subsection (a) of this section.
ADOPTED: April 22, 1991
FIRST READING - PROPOSED ORDINANCE
Mr. VanSant moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Levitt 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 May 13, 1991.
Mr . Salters moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Daisey and unanimously carried:
Section 5-2. - Buildings and Building Regulations
Mr. Lynn moved for adjournment into the Open Forum and then into executive session to discuss personnel matters, seconded by Mr. Salters and unanimously carried.
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 Open Forum.
Meeting Adjourned at 9:00 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 22, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
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