REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 25, 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 Ms. Christy Reams.
The invocation was given by Councilman Hall, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
The City Clerk requested the addition of a Proclamation for Employee Appreciation Day.
By motion of Mr. Weyandt, seconded by Lynn, Council unanimously accepted the agenda as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 11, 1991
The Minutes of the Regular Council Meeting of February 11, 1991 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Salters and bore the written approval of Mayor Richter.
PRESENTATION OF AWARD - ROBERT MCPHATTER AND ANTHONY PRATT
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, on December 17, 1990, Elaine Grigsby was traveling southbound on North State Street across the Silver Lake Bridge when she suddenly lost control of her vehicle, crossed the northbound lane and continued into the water; and
WHEREAS, as the vehicle drifted from the shore and began to submerge, two bystanders, Mr. Robert McPhatter and Mr. Anthony Pratt, jumped into the icy water and swam to Mrs. Grigsby's aid; and
WHEREAS, after struggling to open the doors of the vehicle, Mr. McPhatter and Mr. Pratt were finally able to remove Mrs. Grigsby just before the front of the vehicle became totally submerged; and
WHEREAS, Mr. McPhatter stayed with Mrs. Grigsby while Mr. Pratt swam back to shore to gather rope and a cooler that they used to help them get Mrs. Grigsby back to shore since she is unable to swim; and
WHEREAS, all three successfully made it back to shore unharmed.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that Mr. Robert McPhatter and Mr. Anthony Pratt risked their own lives to save the life of another.
BE IT FURTHER RESOLVED that in recognition of their heroic act, the Mayor and Council award Mr. Robert McPhatter and Mr. Anthony Pratt the City of Dover Silver Medal for Valor, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of their gratitude.
ADOPTED: February 25, 1991
The Resolutions and the City of' Dover Silver Medals for Valor were presented to Mr. McPhatter and Mr. Pratt by Mayor Richter and Council President Christiansen.
PRESENTATION OF AWARD - LT. HANS REIGLE
By motion of Mr. Lynn, seconded by Mr. Hall, Council unanimously adopted the following Resolution.
WHEREAS, on December 7, 1990 Lt. Hans Reigle of the 150th Aviation Group of the Delaware Air National Guard - New Castle, Delaware, was attending to personal business in downtown Dover when he observed a robbery suspect fleeing from the scene of a crime with a women's purse in his hand; and
WHEREAS, with total disregard for his own safety, Lt. Reigle made pursuit and apprehended the robbery suspect by tackling him and physically controlling him until City of Dover police officers arrived; and
WHEREAS, as a direct result of Lt. Reigle's selfless intervention, the City of Dover Police were able to arrest the suspect for the robbery as well as for a similar robbery that occurred earlier in the same day.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover recognize that Lt. Hans Reigle went above and beyond his civic duty, risking his own safety by assisting with the apprehension of a robbery suspect.
BE IT FURTHER RESOLVED that in recognition of this heroic act, the Mayor and Council award Lt. Hans Reigle the City of Dover Bronze Medal for Valor, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of their gratitude.
ADOPTED: February 25, 1991
The Resolution and the City of Dover Bronze Medal for Valor were presented to Lt. Hans Reigle by Mayor Richter and Council President Christiansen.
PROCLAMATION - DOVER EMPLOYEE APPRECIATION DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the City of Dover has 350 employees that work diligently for all our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, surrey driver to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim Wednesday, March 6, 1991, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participation in this event by taking a moment to thank a City of Dover employee for their outstanding service to our Community.
PUBLIC HEARING - CONCEPTUAL PLAN - ST. JONES GREENWAY
A public hearing was duly advertised for this time and place to review and accept public opinion and suggestions on a conceptual plan for the St. Jones Greenway.
Mr. Zack Carter, Recreation Director, displayed a conceptual plan for the proposed improvements for the St. Jones Greenway. He stated that the purpose of the proposed St. Jones Greenway Corridor is to provide the citizens of Dover with recreational and educational opportunities, while preserving the historic and natural features of the St. Jones River. The development plan is to create a Greenway Corridor along the St. Jones River within the City limits of Dover. This will be done by separating the River into the following three segments: 1) area from Dennys Road to Silver Lake; 2) area from Silver Lake to Route 13; and 3) area from Route 13 to Puncheon Run.
Mr. Carter stated that focus will be directed on Segment #2 (area from Silver Lake to Route 13), which consists of three phases. Most of the land in this segment is already in public ownership; therefore, making it possible to develop at this time.
Phase I involves the development of the Paul Tract (Silver Lake to PW II), and the purchase of a 2½ acre parcel adjacent to the Paul Tract. Total cost for Phase I, which includes many improvements such as planted trees, cleaning of areas, placement of benches, replacement of the wooden bridge, etc., is $685.902. Phase I will include creation of a walking, jogging and biking path from the parking area on the swim side of Silver Lake down to PW II (off of Water Street). A pedestrian bike bridge is planned for crossing Loockerman Street.
Phase II will involve the development of a 10 acre park area at the PW II site. The park area will include a parking lot for cars and buses, playground equipment, picnic pavilion, restrooms, and a boat/fishing dock. The boat dock will be for non-powered boats. Total cost for Phase II is $428,873.
Phase III of the plan is to install a bridge from PW II across the St. Jones River to the Paul Tract. This will provide access from Silver Lake to Route #13 through a trail system. Total cost for Phase III is $102,347.
The St. Jones River is very important to the history of Dover. In addition to resource protection and recreational purposes, the proposed greenway plans will also serve an educational purpose. It ties into the historic areas of Dover and will provide a recreational area for the tourists to have a picnic lunch and observe the natural resources along the river. Tours will be offered, species of trees and plants will be marked, and specific types of birds will be pointed out. Utilization of the proposed greenway will be a great addition for school trips to Dover where the children can utilize the lunch pavilion and take advantage of the environmental education it will offer.
Mr. Carter explained that the total cost of the St. Jones Greenway is $1,217,122. To make the Greenway possible, cooperation between the City, County, and State Government, and the private sector is very important. In order to finance the development of the Greenway Corridor, funding will be used from the following sources:
a) State of Delaware Land and Water Trust fund
b) Parkland Reserve Account
c) Donations
d) Bond Bill
e) Land and Water Conservation Fund
Mr. VanSant referred to the Department of Transportation's plans for a potential future access, east to west off the by-pass, in the vicinity of Puncheon Run. He asked if the impact of the potential Puncheon Run Connector has been considered in the Greenway Conceptual Plan. Mr. Carter stated that the City has worked closely with the State of Delaware on the project and this matter has been discussed.
Council President Christiansen declared the public hearing open.
Carl Hendrickson
Mr. Carl Hendrickson of 606 Dover Kenton Road addressed the proposed St. Jones Greenway Conceptual Plan. Mr. Hendrickson asked what portion of the $1.2 million costs will be the responsibility of the City of Dover. Mr. Worley explained that the proposed costs are only preliminary and it has not yet been determined how much money will come from the various sources.
Mr. Hendrickson suggested that the City give consideration to improvement of the existing recreational facilities at Silver Lake rather than utilization of the funds for new facilities.
Michael Von Reider
Mr. Michael Von Reider of Sackarackin Avenue asked if lighting or security provisions have been addressed in the conceptual plan. Mr. Carter stated that the question of lighting has been brought up by the Silver Lake Commission. Although it has not yet been addressed, it will be looked into. Security will be handled by the City Police Department in the same manner as other recreational areas. Mr. Von Reider expressed concern with the ability to restrict use after dark since it is a very open area, without fencing as most other City parks have.
Referring to the proposed 8' wide pedestrian/bike path. Mr. Von Reider asked how the path would be segregated between pedestrians and bikers to avoid collisions. Mr. Carter stated that many cities have utilized this concept successfully. The path is made 8' wide to facilitate a safe pathway. Markings on the path will assist in segregating the two. The alternative is to make two separate paths which is much more expensive.
Charles Johnson
Mr. Charles Johnson of 419 S. State Street stated his support for the project. He relayed that he often canoes down the St. Jones River, but there is so much debris that his course is often obscured. He wholeheartedly supported cleaning up the river and enhancement of the greenway. He suggested that consideration be given to a small boat storage area in the vicinity of the boat dock so that users do not have to trek their canoes from home to the dock.
Howard Smith
Mr. Howard Smith of 178 Carnoustie Drive, Chairman of the Delaware Bicycle Council, supported the concept of the Greenway Plan. Mr. Smith also voiced concern with one path to be shared with bicyclists and pedestrians. He felt that the path would be a great place to train children on bicycle safety. Mr. Smith projected that such a pathway will become a tourist attraction, since it is such a beautiful site.
Paul Scotton
Mr. Paul Scotton of Greenhill Road is the lone incorporator of the St. Jones River Watershed Association and he strongly endorsed the proposed plan. He applauded City staff for their initiative in this project. Mr. Scotton stated that in order to clean up the river, a dam is needed at Isaacs Branch.
Chris Zimmerman
Mr. Chris Zimmerman. President of the St. Jones River Watershed Association, expressed the Association's full support of the concept. He also expressed support for undertaking the total project rather than choosing small areas for enhancement.
Claudette Dean
Claudette Dean of Laurel Drive, Kent County Coordinator for the Streamwatch Program of the Delaware Nature Society, expressed her support for the proposal. Ms. Dean relayed that she and some Dover High School students have been attempting to cleanup the river. This past weekend they picked up 35 bags of trash and 16 tires. She stated that Council must do whatever they can to preserve and conserve this natural site in the City.
Council President Christiansen declared the public hearing closed.
Mr. Daisey moved for acceptance of the St. Jones Greenway Plan in concept, seconded by Mr. Levitt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 12, 1991 with Chairman VanSant presiding. Mr. VanSant explained that the Utility Committee met on February 25, 1991 at 6:00 p.m. to further discuss the fuel adjustment rate. He moved that this be added to the report, seconded by Mr. Weyandt and unanimously carried.
Mr. VanSant moved that item #4A (Fox Hall West - Phase II - Acceptance of Streets and Utilities) - and #4B (Formal Adoption of 1987 BOCA Codes) be considered under the Consent Agenda. The motion was seconded by Mr. Lynn and unanimously carried.
#4A - Fox Hall West - Phase II - Acceptance of Streets and Utilities
The committee recommended acceptance of streets and utilities in Phase II of Fox Hall West. Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
#4B - Formal Adoption of 1987 BOCA Codes
The committee recommended adoption of the BOCA Basic National Code 1987 Edition, amending the following sections of the Dover Code:
1) Chapter 5, Article II - Building Code; Section 5-16(a)
2) Chapter 5, Article IV - Mechanical Code; Section 5-56(a)
3) Chapter 5, Article V - Plumbing Code; Section 5-71(a)
4) Chapter 7, Article III - Fire Prevention Code; Section 7-56(a)
The committee also recommended adoption of the NFPA "National Electric Code" 1990 Edition, by amending Chapter 5, Article III - Electrical Installations; Section 3-31(a).
Mr. VanSant moved for approval of the committee's recommendations and that amendments be submitting to Council for a First Reading, with the Final Reading to take place on March 11, 1991. The motion was seconded by Mr. Lynn and unanimously carried.
Bids - Electric Transformers
It is necessary for the City to purchase various transformers to replenish the existing stock. Based on the bid evaluations, the Utility Committee recommended that purchase orders be issued as follows:
1) Wesco in the amount of $125,120 to purchase 21 Westinghouse transformers of nine types.
2) AJP in the amount of $40,890 to purchase three General Electric transformers of two types.
3) Dover Electric in the amount of $22,310 to purchase 20 Central Maloney transformers of two types.
Mr. VanSant moved for approval of the committee's recommendation to purchase 21 Westinghouse transformers of nine types from Wesco in the amount of $125,120. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. VanSant moved for approval of the committee's recommendation to issue a purchase order to AJP in the amount of $40,890 to purchase three General Electric transformers of two types. The motion was seconded by Mr. Weyandt carried by a unanimous roll call vote.
Mr.VanSant moved for approval of the committee's recommendation to issue a purchase order to Dover Electric in the amount of $22,310 to purchase 20 Central Maloney transformers of two types. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Bid - 25KV Breaker for Mid-City Tie Substation
The planning and design of the Mid-City 69/22KV Tie Substation requires a 25KV class breaker in order to tie the secondary voltage of the transformer to our 22.9KV system. All the designing and specifications were prepared by staff. The committee recommended that a purchase order be issued to the low bidder, Dover Electric Supply, for $27,284.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Fuel Adjustment Rate
Upon review of City staff and the Utility Committee members, the Utility Committee recommended that the fuel adjustment rate be set at $0.0035 per KWH, effective with billings beginning March 1, 1991.
Mr. VanSant explained that staff felt that the rate could be lower, belt committee members felt that the market is still too volatile to set a low rate that might require immediate increases. The committee will continue to monitor the fuel costs for needed revisions.
Mr. VanSant moved that the fuel adjustment rate be spent at $0.00035 per KWH, effective with billings beginning March 1, 1991. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on February 13, 1991 with Chairman Hall presiding.
Mr. Hall moved that the following items be approved under the Consent Agenda format, since no formal action was taken by the committee. The motion was seconded by Mr. Lynn and unanimously carried.
Update - Noise Ordinance - Staff is awaiting additional sample ordinances. The committee took no action pending a report from staff.
White Oak Road - Traffic Control and Flow - Roy Bogus - The committee took no action pending a traffic study from the State of Delaware.
Traffic Control - Downtown Dover - The committee took no action on the matter at this time, pending additional information from staff and DelDOT.
Silver Lake Boulevard - Parking Along Both Sides of the Street - Ron Bogia
Mr. Christiansen relayed concerns of Mr. Bogia who felt that employees of the telemarketing center at that location are parking on both sides of Silver Lake Boulevard, causing unsafe conditions. Mr. Christiansen suggested that parking on one side of Silver Lake Boulevard be restricted.
The committee tabled action pending receipt of a formal request outlining his concerns from Mr. Bogia.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Two Hour Parking on Governors Avenue from Hope Street to South Street
Councilman Weyandt relayed his concern with the parking spaces on the east side of Governors Avenue between Hope Street and South Street. Mr. Weyandt informed the committee that the same vehicles are parked there on a regular basis which does not allow citizens who are entering the hospital to utilize the spaces. He requested that the public have more access of the eight two hour parking spaces on Hope Street.
The committee recommended that this issue be referred to the Police Department for a recommendation at the next Committee meeting.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Assessment of N. New Street
During the February Open Town Meeting, Ms. Melvina Franklin of N. New Street expressed concern of fighting, loud noises, loitering, littering, and drug, problems in her neighborhood.
The committee considered this matter at length, reviewing various suggestions including 1) that the situation on N. New Street continue to be assessed; 2) the Police Department and the City Manager's Office continue to review the status and report back to the committee; and 3) the City Solicitor be requested to attend the next meeting for a legal opinion on the type of action the City could take.
Feeling that some of the suggestions may have legal ramifications, tile committee recommended that the City Solicitor be requested to attend the next committee meeting to review the legal aspects concerning this issue.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Mr. Hall moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JANUARY
Mr. Weyandt moved for approval of the following monthly reports, seconded by Mr. Salters and unanimously carried:
Chief of Police Report
City Assessor 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
Referring to the Building Inspector and Fire Marshal Report, Mr. Weyandt moved that page two of the report include not only the total number of building permits issued, but also the revenue collected from the building permits since the dollar amount of building permits vary in accordance with associated costs. The motion was seconded by Mr. Daisey and unanimously carried.
On the City Alderman Report and the J.P. Court #7 Report, Mr. Weyandt pointed out that revenues generated are more than $7,000 less than at the same time last year.
Mr. Lynn moved for approval of the following monthly reports, seconded Mr. Weyandt and unanimously carried:
Building Inspector and Fire Marshal Report
City Alderman Report
J.P. Court #7 Report
ANNUAL REPORTS
The Inspections and Planning Department and the Police Department submitted 1990 Annual Reports for Council's review.
Mr. Weyandt moved for acceptance of the Annual Reports as presented, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
The First Reading was offered on the following proposed ordinances. Final action by Council will take place during the Second Reading of the ordinances on March 11, 1991. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office.
A. Chapter 5, Art. II - Building; Sec. 5-16(a)
B. Chapter 3, Art. IV - Mechanical; Sec. 5-56(a)
C. Chapter 5, Art. V - Plumbing; Sec. 5-71(l)
D. Chapter 7, Art. III - Fire Prevention; Sec. 7-56(a)
E. Chapter 5, Art. III - Electrical; Sec. 5-31(a)
Mr. Lynn moved for acknowledgment of the First Reading of the above ordinances, seconded by Mr. Hall and unanimously carried.
Mr. Lynn moved for adjournment into the Open Forum, seconded by Mr. Daisey 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.
Dr. Daniel Forsee - 46 S. Governors Avenue
Dr. Daniel Forsee of 46 S. Governors Avenue addressed neighborhood problems in the area of S. Governors Avenue. Dr. Forsee explained that many residential properties have been converted into multiple occupancy dwellings, often housing college students. The neighbors have contacted the Police Department on numerous occasions regarding loud noises from parties, urination in public, threats of violence against property owners that complain, fighting, and consumption of alcoholic beverages by minors. To date, no arrests have been made. Dr. Forsee stated that the property owners are willing to sign arrest warrants.
Dr. Forsee requested that the City enforce a former moratorium on permitting conversion of residential properties on S. Governors Avenue to multiple occupancy dwellings. He also requested two hour parking restrictions with residential parking stickers being issued to property owners only; requiring landlords to provide off-street parking for renters. Residents of S. Governors Avenue support a proposal for an anti-noise or noise curfew ordinance. Dr. Forsee requested a public, formal response to their concerns by the next Council Meeting.
Council President Christiansen assured Dr. Forsee that he would be contacted by the Chief of Police.
Jean Shane - 59 S. Governors Avenue
Ms. Shane of 59 S. Governors Avenue reiterated comments of Dr. Forsee concerning the deterioration of their neighborhood. Ms. Shane stated that she is not entirely sure that all of the problems are created by Wesley College students. Since the police crackdown on Kirkwood Street, she has noticed deterioration of her neighborhood, feeling that some of the Kirkwood Street problems have filtered to Governors Avenue.
Council President Christiansen stated that Chief Hutchison will be contacting property owners of S. Governors Avenue in an attempt to alleviate the above mentioned problems.
Meeting Adjourned at 9:20 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 25, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
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