REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 9, 1990 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 Major Failing, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez. The Fire Chief was absent.
The invocation was given by Rabbi Goldblum, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of an executive session to discuss legal matters. Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1990
The Minutes of the Regular Council Meeting of September 24, 1990 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Hall and bore the written approval of Mayor Richter,
PROCLAMATION - HALLOWEEN
The City Clerk read into the record the following Proclamation:
WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and
WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats as is the custom of the celebration of Halloween; and
WHEREAS, the observation of this holiday, for extended periods, is an inconvenience to the public and contributes to the possibility of damage and destruction of personal property; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Wednesday, October 31, 1990 between the hours of 6:00 p.m. and 9:00 p.m.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween Trick-or-Treat observance shall be held on the 31st day of October, 1990 between the hours of 6:00 p.m. and 9:00 p.m.
2. That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time, in an effort to maintain a fun and safe environment for everyone participating in the festivities.
NATIONAL BUSINESS WOMEN'S WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, National Business Women's Week has been observed annually since 1928 to dramatize the outstanding contributions of women to business and the professions in the United States; and
WHEREAS, the working women in Dover merit special acclaim for their achievements in bettering the quality of career and community life.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 14-20, 1990, as NATIONAL BUSINESS WOMEN’S WEEK in recognition of the distinctive contributions of working women to the progress of the workplace and the development of our City.
PRESENTATION AND RESOLUTION - PUBLIC POWER WEEK
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, we, the citizens of Dover, are proud of our choice to operate a community-owned, not-for-profit electric utility; and
WHEREAS, we, the citizens of Dover, are both consumers and owners of our public power system; and
WHEREAS, the City of Dover Electric Utility provides our homes, businesses, farms, social service and local government agencies with reliable, efficient, and cost-effective electricity employing sound business practices designed to ensure the best possible service at the lowest possible rates; and
WHEREAS, public ownership of the City of Dover Electric Utility assures not-for-profit electric rates and citizen participation in electric utility operations and policies.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The week of October 7-13, be designated Public Power Week in the City of Dover, in order to honor the utility, its employees, and its consumer-owners who work together to provide the best possible electric service.
2. That the City of Dover join hands with others served by locally owned and operated electric systems in a nationwide celebration of the public benefits of public power.
3. All the citizens of Dover are invited to join us in this week's national celebration of the benefits of locally owned and locally controlled public power. The Mayor and Council invite the citizens of Dover to an open house to be held in their honor at the offices and power plant of the City of Dover Electric Department. The open house will take place on October 13th between the hours of 10:00 A.M. and 2:00 P.M. on Buttner Place just off of Walker Road.
4. The Mayor and Council hereby direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: October 9, 1990
The Resolution was presented to Mr. Jack French, Electric Director, and Mr. Lester Blakeman, Administrative Assistant. Mr. French elaborated upon the importance of the City of Dover's electric utility and urged citizen participation at the Open House. Mr. Blakeman presented members of Council and staff with shirts and hats promoting Public Power Week. Responding to questions of Mr. Weyandt, Mr. French stated that once the Parkland Generating Station is completed, the public will be invited to see the new combustion turbine.
ANNEXATION REFERENDUMS - S. BRADFORD STREET/S. STATE STREET
Three annexation referendums were held on October 1, 1990 for properties located on S. Bradford Street and S. State Street. As certified by County election officials, the City Clerk reported the following results:
FOR AGAINST
ANNEXATION ANNEXATION
Referendum #1
Properties #14 & #15 2 0
Referendum #2
Properties #12 - #15 1 6
Referendum #3
Properties #12 - #17 1 8
and #40 & #41
Mr. VanSant moved for approval of the annexation referendum results, seconded by Mr. Lynn and unanimously carried.
Mr. VanSant moved that properties #14 and #15, as voted upon in Referendum #1, be annexed into the corporate limits of the City of Dover, seconded by Mr. Salters. By a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain lot, piece or parcel of land being bounded on the west by Bradford Street, on the north by Lot 12 of South Dover Acres, said subdivision being recorded in the Kent County Recorder of Deeds Office in Plat Book 1, page 40, on the east by Lots 5 and 6 of South Dover Acres, and on the south by lands of G.A.R., Inc.; said lands being lots 13, 14, and 15 of South Dover Acres, consisting of 24,975 square feet.
2. The above described property shall be annexed into the City of Dover with zoning classification of R-8 in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 10th day of October, 1990 at 12:01 a.m. o'clock.
ADOPTED: October 9, 1990
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 25, 1990 with Chairman Weyandt presiding.
Community Grant Foundation
As directed by the committee, staff investigated information on a community grant foundation concept. It was discovered that a Delaware Community Foundation exists and is a member of a national Council on Foundations. Mr. Collis Townsend, Executive Director of the Delaware Community Foundation, addressed the committee, explaining the objectives of the Foundation. He informed the committee that the Foundation has offices in Wilmington, but would be willing to establish a Dover Foundation as a branch of the Delaware Community Foundation.
Feeling that it would be very difficult for the City to make objective decisions on grants internally, staff recommended that the Community Foundation concept be pursued.
After discussing the matter at length, some members of the committee felt that such a Foundation is far more than what is needed. The committee tabled action on the matter. Mr. Weyandt stated that the committee will continue to gather additional information and hopes to have a plan implemented for the next budget year.
City Manager's Monthly Report
The financial sections of the City Manager's monthly report will be a standing item on future Legislative and Finance Committee agendas. This will allow an opportunity for detailed review.
Development Incentives - Downtown Dover Development Corporation
The Downtown Dover Development Corporation has considered development incentives that would encourage redevelopment of the City of Dover downtown core area. A subcommittee of the DDDC has met with developers and discovered that it is less costly and easier to construct outside the central Dover area. For developers to build in the downtown area they must consider: 1) the destruction of an existing building and the costs involved: 2) low value property being reassessed after improvements are made: and 3) the requirement of impact fees and significant building permit fees, which discourages developers from building in the downtown area.
The DDDC submitted to the committee a proposed "window of opportunity" for development incentives in the downtown area. The committee discussed the proposed plan at length and recommended that staff review the recommendations of DDDC for a full report on the proposals, including all advantages/disadvantages of each proposal, and that the DDDC's recommendation be referred to the appropriate City committees for review.
Council took no further action. Mr. Weyandt announced that a workshop has been scheduled by the DDDC for further review.
Electric Revenue Bonds - Series 1990 - Legal Fees
In December 1989, Council approved the concept of an Electric Revenue Bond Issue for refunding the 1985 bonds and for financing the 40MW turbine project. Potter Anderson and Corroon was selected as the Bond Counsel at a fee of $37,500 and out of pocket expenses of $2.000.
Due to additional time on the bond issue, stemming from a variety of legal and financial difficulties (including a potential law suit), the fees increased to a total of $74,000, with out of pocket expenses billed at $6,000. After intense discussion, the legal fees were lowered to $60,000 and out of pocket expenses remained at $6,000, for a total expenditure of $66,000, which is $26,500 above the authorized amount.
The committee recommended authorization of an additional expenditure of $22,500 for legal expenses and $4.000 for out of pocket expenses to Potter Anderson and Corroon for the Electric Revenue Bonds - Series 1990.
Mr. Weyandt moved for approval of the committee's recommendation, authorizing an additional expenditure of $22,500 for legal expenses and $4,000 for out of pocket expenses to Potter Anderson and Corroon for the Electric Revenue Bonds - Series 1990. The motion was seconded by Mr. VanSant and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Hall).
Proposed Ordinance Amendments and Creation of Election Board
With recent Charter amendments relative to the creation of a Council President position on Council, many sections of the City Code were affected but have not been amended. The City Clerk and City Solicitor reviewed several sections that require Council action.
Due to the complexity of the many Charter amendments, the committee recommended that a workshop be scheduled to review the amendments in detail. A proposal for the creation of an Election Board will also be discussed at the workshop.
Mr. Weyandt announced that the workshop has been scheduled for October 29, 1990 at 7:00 p.m. in the Caucus Room.
Privatization - City Automotive Shop
During the past few years, consideration has been given to the benefits of contracting with a private vendor to perform fleet maintenance and repair services. Recently, the Vehicle Maintenance Division has experienced difficulty in repairing the automated RAND refuse collection vehicles. Staff determined that a study should be performed to determine the feasibility of privatization. The study was performed by Celeste Arkins, an administrative intern in the City Manager's Office, from Delaware State College. The study was conducted with the assistance of all City departments and the private sector.
After identifying several problems that exist within the vehicle maintenance division, request for proposals were issued to national firms. The annual operating target from the two participating firms was lower than the City's projections for the maintenance shop and individual department repairs.
From a simple cost viewpoint, it is apparent that the City could realize significant savings through privatization. However, many other matters need to be considered in the decision-making process.
The committee discussed, at length, the effects of privatization upon City maintenance employees. The private contractor can be required to offer employment to City employees for a 120 day probationary period to determine if they have adequate skills to perform the job. Also, the contractor will provide adequate training for our employees so that they can become ASE Certified. The City could require that the contractor show just cause to terminate a former City employee and the City could attempt to place a terminated employee in an available position within the City work force.
The committee recommended that staff continue consideration of privatization of vehicle maintenance, with a full report to be submitted to the committee oil their findings as well as detailed information on the effects of such action on current City employees.
Mr. Weyandt moved that staff be authorized to negotiate a contract for privatization, to be brought before the committee for their review. seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Power Plant Staffing
Due to retirement eligibility of several Power Plant employees within the next two years, staff requested permission to accelerate their Training Program. Training can take up to two years for completion and the Power Plant staffing will be short if additional employees are not trained in sufficient time.
Staff requested that they be permitted to accelerate the Training Program, creating the Apprenticeship Program, and hiring four trainees. If approved, staff will prepare a detailed apprenticeship program for Council approval.
The committee recommended approval of staff's request.
Mr. VanSant stated his feeling that Council does not need to approve the detailed Apprenticeship Program and suggested that this be left to the discretion of staff.
Mr. Weyandt moved to authorize staff to hire four trainees for the Power Plant. seconded by Mr. Lynn and carried by a unanimous roll call vote.
Bid - Replacement of Air Conditioning and Heating Unit - Warehouse
Replacement of the air conditioning and heating unit at the Warehouse is a 1990/91 CIP project. The present heating/air conditioning unit is 18 years old and is in very poor condition. Bids were solicited and the low bid was received from Shahan's in the amount of $36,355.
The committee recommended that the bid be awarded to Shahan's in the amount of $36,355.
Noting that the weather will soon require the use of heat, Mr. Weyandt stated that the contract should state a date for completion.
Mr. Weyandt moved that the bid be awarded to Shahan's in the amount of $36,355 for the replacement of the air conditioning and heating unit at the Warehouse, stipulating that the contract contain a reasonable completion date. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Lynn and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on September 26, 1990 with Mr. Daisey presiding.
League of Women Voters of Greater Dover - Concerns of Trees
Mrs. Martha Miller, of the League of Women Voters, addressed the committee regarding trees. Mrs. Miller stated that many trees are dying and should be replaced to keep Dover a Tree City. City staff explained that the City has a tree replacement program, informing Mrs. Miller that approximately 100 trees are planted each year. Staff will look into Mrs. Miller's concerns of an improperly pruned tree on Pennsylvania Avenue and will examine three willow trees that she wishes to donate to the City.
Mr. Daisey informed Council that staff has looked at the trees and they are acceptable for use by the City. Council extended their appreciation to Mrs. Miller for her donation.
Parks and Recreation Division - Overview of Programs and Facilities
City staff gave an overview of the Recreation Division and its programs over the last several years. In the 1960's and 1970's, the City began developing parkland, acquiring 12 parkland areas by the middle 1970's. In 1968, a part time Recreation Director was hired and recreational programs were initiated. Mr. Knox was hired in 1975 as the Division's full time Recreational Director, totaling a staff of four in the Division. As programs grew rapidly from eight (8) to forty-five (45) between 1975 and 1979, there was an increase of 51 part time seasonal employees.
In 1984, small departments were combined and named Community Services, in which Mr. Knox assumed the duties of Director. Mr. Carter was hired in 1988 as the Parks and Recreation Director. Due to budget cuts in 1985, recreational programs decreased in size to six (6) and the number of personnel was lowered to nine (9). The division was forced to charge residents for recreational programs.
Realizing the importance of recreation for their citizens, Council recently began stepped up funding for recreational programs. The City is currently working on the creation of a Greenway Corridor that would lead from the south side of Silver Lake to Route #13. The future goal is to work with the County and State to create a greenway from Silver Lake to the Delaware Bay. Also included in this year's goals is a bicycle route for Dover and cleanup of Silver Lake. The Division will continue joint cooperative efforts with Dover High School in opening the gymnasium two nights per week for students wishing to play basketball and volleyball. Meetings will continue with Dover Little League relative to a new field at the west Dover park, as well as continued plans to develop the newly acquired parkland.
Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Weyandt and unanimously carried.
Mr. Salters stated his feeling that the increased funding and subsequent additional recreational programs will prove to be beneficial to the City. He expressed his hope, however, that more emphasis be placed on youth recreational programs and facilities.
REZONING REQUEST - SE CORNER OF WHITEOAK AND WILLIS ROADS - LDP PROPERTIES
A request was received to rezone property located on the southeast corner of the intersection of Whiteoak Road and Willis Road, owned by LDP Properties.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Levitt, seconded by Mr. Hall, Council unanimously referred the request to the Planning Commission and set a public hearing for December 10, 1990 at 7:30 p.m.
Referring to the first reading of the draft proposed ordinance, members of Council expressed concern with approving the first reading of the proposed ordinance since it has not yet been reviewed by the Planning Commission or Council. Some members felt that it may mislead others to believe that Council supports the rezoning.
The City Clerk emphasized that the first reading of the draft proposed ordinance, does not indicate Council's approval or disapproval, but rather informs the public that Council will consider adoption of said ordinance during their Council meeting of December 10, 1990. Since Council will not consider this matter again until their December 10th meeting, this is the only opportunity to present the first reading of the proposed ordinance.
City Solicitor Rodriguez explained that with Council's new requirements for two readings of all ordinances prior to adoption, the first reading of a rezoning ordinance is necessary prior to the date of the public hearing. If it were not handled in this manner, Council could not alter the zoning ordinance at the time of the public hearing.
Mr. VanSant reiterated that the first reading of a proposed ordinance is only acknowledgment of future consideration of said ordinance, stating that in no way does it obligate approval of the ordinance at its final reading. He suggested that the first reading be acknowledged by title only.
The first reading of the proposed ordinance was accomplished:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF WHITEOAK ROAD AND WILLIS ROAD.
CORRESPONDENCE
Allan C. Hill Entertainment Corp. - Request to Hold Circus
A request was received from Allan C. Hill Entertainment Corp. to hold a circus on October 15, 1990 at the parking lot belonging to Farmhouse at 819 N. duPont Highway. The circus is sponsored by YoungLife, a non-prof it organization working with high school students.
Mr. VanSant moved for approval of the request, stipulating that the event be coordinated with the City Manager, Police Chief and Inspections Director. The motion was seconded by Mr. Daisey.
Mr. Weyandt voiced concern with the proposed event, stating that it is planned for less than a week from the time they requested approval. He objected to such organizations waiting until the last minute to seek Council's approval for an event that has already been planned. Mr. Weyandt requested information on the sponsor, YoungLife, stating that he has never heard of the organization. Mr. Lynn stated that YoungLife is an organization, with some religious involvement, that works with high school students.
City Planner Cregar stated that his department has no prior knowledge of the Allan C. Hill Entertainment Corp. or with YoungLife. He expressed concern with approval of the request with so little prior notice since the PharmHouse site has never before been utilized for a circus and staff has no past experience to rely upon. Many issues need to be addressed such as traffic control, police, and fire issues.
Mr. VanSant withdrew his motion as did Mr. Daisey his second.
Mr. VanSant moved to deny the request due to insufficient notice to the City to work out all necessary details in advance of the performance. The motion was seconded by Mr. Weyandt and carried with Mr. Salters voting no.
Mr. Christiansen suggested that the Legislative and Finance Committee look at a revision to the policy to allow staff to handle matters of this nature and to set up acceptable criteria to be utilized when reviewing such requests.
Mr. Weyandt moved to adjourn into open forum and then into executive session to discuss legal matters. The motion was seconded by Mr. Lynn 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 8:45 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 9, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
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