REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 25, 1991 at 7:30 p.m., with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, and Weyandt. Mr. VanSant was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Fire Chief Hurley, Mr. Cregar, Mrs. Boaman and Mr. Pepper.
The invocation was given by Reverend Kringle, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Referring to item #4, Sidewalk Assessment Appeal Hearing for Doug VanSant, Mr. Weyandt requested that the item be deleted from the agenda since Mr. VanSant has withdrawn his appeal. Mr. Weyandt moved to acknowledge receipt of Mr. Douglas VanSant's request to withdraw his sidewalk assessment appeal, seconded by Mr. Lynn and unanimously carried.
Council President Christiansen requested the addition of item #7D to make a temporary appointment to the Utility Committee.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 11, 1991
Mr. Lynn requested that the Council Meeting Minutes of March 11, 1991 be amended to reflect his absence and the absence of Mr. Pitts. The Minutes of the Regular Council Meeting of March 11, 1991 were unanimously approved, as amended, by motion of Mr. Lynn, seconded by Mr. Hall and bore the written approval of Mayor Richter.
PROCLAMATION - MILITARY RETIREE APPRECIATION DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on March 23, 1991, these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, March 23, 1991, be known as:
"MILITARY RETIREE APPRECIATION DAY"
in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
RESOLUTION - DELAWARE ALLIANCE TO IMPROVE TRANSPORTATION, COMMERCE AND THE ENVIRONMENT
By motion of Mr. Salters, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
RESOLUTION IN SUPPORT OF THE DELAWARE ALLIANCE TO IMPROVE TRANSPORTATION, COMMERCE AND THE ENVIRONMENT AND ITS CONCERN OVER THE NECESSITY TO REAUTHORIZE THE FEDERAL SURFACE TRANSPORTATION ACT BY OCTOBER 1, 1991.
WHEREAS, the American Association of State Highway and Transportation Officials has for the last three years carried on an intensive study of the transportation needs in this country; and
WHEREAS, the Delaware Alliance to Improve Transportation, Commerce and the Environment has joined with the Delaware Department of Transportation, to promulgate the need for the continuation of strong federal support of this country's transportation system; and
WHEREAS, transportation improvements are vital to the continued viability of the City of Dover; and
WHEREAS, the City of Dover has important highway projects within its jurisdiction which have made or are currently making use of direct federal funds such as Saulsbury Road, South Governors Avenue, State Route 8, Road 88, Route 1 (Relief Route), U.S. Route 13, and State Street.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover hereby urge adoption of Federal Legislation which will:
1. Provide adequate funding to meet the transportation needs of this country through the next 20 years.
2. Insure a fair and equitable matching ratio for all states.
3. Protect and enhance the public transit systems in this country as an alternative to continued expansion of our highway system.
BE IT FURTHER RESOLVED that we urge our Congressional Delegation to assure that a re-authorization of the Surface Transportation Act is enacted by September 30, 1991, so that there will be no gap in the authorization of federal funding, and that consideration be given to appropriation of the entire amount of funds now in the Federal Transportation Trust Fund.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Senator Roth, Senator Biden, Representative Carper and Secretary of Transportation, Kermit H. Justice.
ADOPTED: March 25, 1991
RESOLUTION - WILLIAM A. HAYES
By motion of Mr. Hall, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, William A. Hayes has served on the City of Dover Planning Commission since February 28, 1982; and
WHEREAS, William A. Hayes served for over 18 consecutive years as a member of City Council and was employed by the City of Dover as the City Assessor for over seven years; and
WHEREAS, after serving as a member of the Planning Commission for nine years, and having served the City of Dover in various capacities for over 34 years, Mr. Hayes has chosen to retire from public service.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their sincere gratitude to William A. Hayes for the many sacrifices in personal time contributed to the City of Dover.
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 long and dedicated services of William A. Hayes.
ADOPTED: March 25, 1991
Council President Christiansen stated that the Resolution will be presented to Mr. Hayes during a formal presentation by the Planning Commission.
REVIEW OF PUBLIC HEARING COMMENTS - FY91 CDBG FUNDS
As required by the Delaware State Housing Authority, a second public hearing was held on March 14, 1991. The hearing was held in order to provide interested citizens the opportunity to offer their comments and concerns regarding the City of Dover's use of the FY 1991/92 Community Development Block Grant Funds.
Since no changes transpired since the report on the first public hearing, staff recommended that Council authorize a request to the State of Delaware Division of Housing and Community Development for $161,396 in Community Development Block Grant Funds and $16,000 in Emergency Shelter Grant Funds for the purpose of providing continued housing rehabilitation, demolition assistance, and public shelter facility rehabilitation as requested by the Ruth N. Dorsey Shelter. Staff also recommended that Council adopt the three year Community Development Plan (as on file in the Office of the City Clerk).
Mr. Salters moved for approval of staff's recommendation to apply for $161,396 in Community Development Block Grant Funds and $16,000 in Emergency Shelter Grant Funds for the purpose of providing continued housing rehabilitation, demolition assistance, and public shelter facility rehabilitation as requested by the Ruth N. Dorsey Shelter. He further moved for adoption of the three year Community Development Plan as presented. The motions were seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).
SPECIAL LEGISLATIVE AND FINANCE COMMITTEE REPORT
A Special Legislative and Finance Committee meeting was held on March 11, 1991 with Chairman Weyandt presiding.
Smoking Ordinance Review
The committee reviewed the comments and suggestions offered during a public hearing on the proposed smoking ordinance. Several suggestions were accepted by the committee and the revised ordinance was referred to the City Solicitor to be redrafted for submission to Council.
Mr. Weyandt moved for approval of the ordinance, seconded by Mr. Daisey.
Mr. Weyandt moved, seconded by Mr. Daisey, to amend the motion to add the following sentence to the ordinance:
"If the requirements of this ordinance cause any undue financial burden on anyone, they have the right of appeal to City Council."
Mr. Salters questioned the wording "undue financial burden" feeling that it would be difficult for City Council to determine what constitutes an "undue financial burden" for a person or business. Deputy Solicitor Pepper stated his opinion that the proposed amendment could be incorporated into the ordinance.
Referring to correspondence received after the public hearing from Gary Dalton, Mr. Daisey stated his feeling that Mr. Dalton's letter should be referred to the Solicitor for review. If, after adoption of the ordinance, it is determined that changes are necessary, the ordinance can be amended in the future.
Mr. Lynn moved to grant a request from Mr. Gary Dalton to address his concerns to Council, seconded by Mr. Hall and unanimously carried.
Mr. Gary Dalton, representing Phillip Morris, stated his opinion that the ordinance requires a small restaurateur to install some type of mechanical system that effectively removes secondhand smoke from the premises. Mr. Dalton felt that this could be cost prohibitive and suggested that the following wording be inserted in the ordinance: "Shall be required to have a mechanical system that effectively removes environmental tobacco smoke from the premises provided that it is physically feasible and at no cost to the owner. A vented operable air conditioning system shall be deemed to satisfy the requirement of this section."
On a call for the question on the amendment to the motion, the amendment was unanimously carried. On a call for the question on the main motion, the motion was unanimously approved as amended.
Mr. Weyandt moved for acceptance of the report, seconded by Mr. Lynn and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 12, 1991 with Councilman Daisey presiding.
Request to Release Easement - Henry Heller - Route #8
In August of 1990, the City abandoned an unimproved alley on the lands of Henry and Elsie Heller. As specified in Section 3, a utility easement was retained across the property. Mr. Heller requested that the easement provision in his deed be removed since there are no utilities located in the abandoned alleyway.
The committee recommended that the easement on Mr. and Mrs. Henry Heller's property be released.
Mr. Daisey moved for approval of the committee's recommendation to release the easement on property of Mr. and Mrs. Henry Heller on Route #8. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).
Power Down Coalition
Mr. Jerry Shields of the Power Down Coalition made a presentation to the Committee regarding a proposed electric conservation promotional event. The Power Down Coalition is an organization of diverse environmental groups in the Delaware Valley that advocates all of the popular environmental causes such as clean air, clean water, refuse recycling, water conservation, electric conservation, etc. The Power Down Coalition is requesting that on June 21, 1991, residents in the Delaware Valley voluntarily turn off their electric at a specified time as a symbolic show of support for electric conservation. Mr. Shields stated that the Coalition hopes to move towards a better national energy policy by using local regions and communities as conservation examples and that Dover could be recognized as a model for public power.
Staff relayed some concern with the power load fluctuating drastically, since if the City suddenly reduces its load, then the excess generated electricity would be automatically exported to Delmarva Power. When the load increased, then the necessary electricity would be transferred back from Delmarva Power. This could work well providing it was contained within the City of Dover; however, if all utilities participated, there could be problems in dealing with the drastic fluctuations.
The committee recommended that Council endorse the concept of energy conservation as recommended by the Power Down Coalition and the use of Dover as a prototype of many publicly owned power plants. They further recommended that staff be directed to work closely with other affiliated groups in preparing for public announcements and informational activities related to the project.
Mr. Daisey moved for approval of the committee's recommendations, seconded by Mr. Weyandt and unanimously carried.
Review of Fuel Adjustment
Since the City Manager had no report on the fuel adjustment rate, the committee took no action.
Mr. Daisey moved for acceptance of the report, seconded by Mr. Weyandt and unanimously carried.
TEMPORARY REPLACEMENT ON UTILITY COMMITTEE
Council President Christiansen requested the appointment of Irving Levitt as Acting Chairman of the Utility Committee, effective immediately. Mr. Weyandt moved for confirmation of the temporary appointment, seconded by Mr. Hall and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 12, 1991 with Chairman Hall presiding.
Legal Review of Proposal of Curfew/Loitering Ordinance
City Solicitor Rodriguez reviewed the Committee's concerns and recommendations of a curfew or loitering ordinance; however, he felt that the current disorderly conduct ordinance (Chapter 14, Section 6 of the Dover Code), is sufficient and would hold up in court. Mr. Rodriguez stated that a curfew and loitering ordinance would be difficult to enforce and if not written properly, could be subject to constitutional attack in court.
Referring to the City of Wilmington's curfew ordinance, Mr. Rodriguez felt there could be a problem with uniformity of enforcement. He advised members that if a minor violates such an ordinance, the guardian of said child would be held responsible. Mr. Rodriguez explained that the minor would be restricted from loitering on the street or in a vehicle after said time, unless with a guardian or for emergency reasons.
Chief Hutchison stated that the current city ordinance is clearly written, and felt that the City Police Department should strongly enforce the ordinance as written.
In light of the City Solicitor's comments, the committee recommended that the Police Department increase foot patrol to seven days a week and that the present disorderly conduct ordinance be strongly enforced.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Update of Traffic Control Issues - City Manager
In updating the committee on the status of pending traffic control issues, Mr. Scrafford stated that the State of Delaware intends to signalize the free right lane from northbound State Street, for a trial period, to help eliminate the merging problems.
Staff will be reviewing the emergency access lane on Route #8 Relief Route.
The committee recommended acceptance of the update and that staff continue to update the committee on traffic control issues at their next meeting.
Mr. Hall moved for acceptance of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Update by Chief of Police - Noise Ordinance
Referring to concerns expressed by Mr. Glenn Mahan on enforcement of the noise ordinance, Chief Hutchison stated that this problem is occurring city wide, and the citizens of Dover should understand that they do not have to be subjected to the annoying high volume. Chief Hutchison also stated that this ordinance will be enforced to it's fullest degree.
Chief Hutchison stated that to correct the existing problems, the following procedures have been implemented: When a complaint is received regarding the violation of the disorderly conduct ordinance, those parties involved will be contacted by the Police Department, If said violation is heard by the responding officer, the involved parties would be cited. If the officer fails to be a witness to the violation, the victim who has been offended could sign warrants. Once a warning is issued, future complaints would automatically result with police action.
Chief Hutchison felt that the ordinance, as written, addresses the citizens' concerns. A representative from the Police Department will be attending Civic Association meetings to keep them abreast of the Police Department's actions.
The committee recommended that the Police Department enforce the present noise ordinance as written and that Council continue to support the Police Department's efforts.
Mr. Hall moved for approval of the committee's recommendation. The motion was seconded by Mr. Daisey and unanimously carried.
Update by Chief of Police - Two Hour Parking on Governors Avenue and Hope Street
Chief Hutchison reviewed the parking problem on the east side of South Governors Avenue, north of Hope Street. Mr. Weyandt has expressed concern of accommodations for individuals visiting the hospital for short periods of time.
Chief Hutchison stated that there are currently eight (8) to nine (9) available parking spaces and recommended that parking restrictions be changed to "two hour parking except between the hours of 2:00 a.m. and 6:00 a.m. during which time all parking is prohibited". Chief Hutchison believes that this change would accommodate parking for out-patients.
The committee recommended approval of the parking restrictions as recommended by the Chief of Police, to be established as soon as possible.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Mr. Hall moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Daisey and unanimously carried.
PLANNING COMMISSION APPOINTMENTS
Mayor Richter presented the following recommended appointments to the Planning Commission for three year terms, which will expire on February 28, 1994.
Reappointment - William W. Cook - 1st District
Mr. Lynn moved for confirmation of the appointment of William W. Cook to represent the 1st district on the Planning Commission. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. VanSant and Mr. Weyandt absent).
Reappointment - William Holmes - 2nd District
Mr. Levitt moved for confirmation of the appointment of William Holmes to represent the 2nd district on the Planning Commission. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote (Mr. VanSant and Mr. Weyandt absent).
Appointment - Roy Bogus - 3rd District
The Planning Commission was represented in the 3rd District by Mr. William Hayes who has chosen to relinquish his seat. Mr. Lynn moved for confirmation of Roy Bogus to represent the 3rd District on the Planning Commission, seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. VanSant and Mr. Weyandt absent).
MONTHLY REPORTS - FEBRUARY
Mr. Salters moved for approval of the following monthly reports for February, seconded by Mr. Hall and unanimously carried:
Chief of Police Report
Building Inspector and Fire Marshal Report City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
ANNUAL REPORT - ROBBINS HOSE COMPANY
Chief Hurley presented the 1990 Annual Report for the Robbins Hose Company and responded to questions of clarification from Council. Council complimented the Fire Department for a thorough and extensive annual report.
Mr. Salters moved for acceptance of the report, seconded by Mr. Hall and unanimously carried.
CORRESPONDENCE - APPEAL - ROUTE #113 WATER MAIN PROJECT
A letter was received from the following seven property owners appealing their water main assessment:
1. Furr's Tire Service 5. Betsy Ross Restaurant
2. Jim's Auto Trim 6. Dover Auto Body
3. Russo's Restaurant 7. Kings Cliff Mobile Home Park
4. Iran Gate Restaurant
In accordance with Section 18. 7-1 of the City Code, upon receipt of an assessment appeal, Council must set a hearing within sixty (60) days of the notice of appeal. City staff recommended that hearings be set for April 22, 1991, at 7:30 p.m. to hear the appeal of the above seven property owners.
Mr. Levitt moved f or approval of staff 's recommendation, seconded by Mr. Lynn and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Council President Christiansen reminded those present that copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action bg Council on the proposed ordinance will take place during its Second Reading on April 8, 1991.
Section 14-15 - Smoking Regulations
Mr. Lynn moved that the first reading of smoking regulations ordinance be accomplished by title only, seconded by Mr. Daisey and unanimously carried.
Mr. Weyandt moved for acknowledgment of the first reading of Section 14-15 Smoking Regulations, as amended. The motion was seconded by Mr. Daisey and unanimously carried.
Mr. Lynn moved for adjournment into Open Forum and then into executive session to discuss personnel matters. The motion was 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 the Open Forum.
Meeting Adjourned at 8:30 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 25, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
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