REGULAR COUNCIL MEETING

The Regular Council Meeting was held on September 10, 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 Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Green and Mr. Scott Chambers. Fire Chief Whitham was absent.

The invocation was given by Reverend Roland Coker, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Lynn moved for acceptance of the agenda as submitted, seconded by Mr. Salters and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 27, 1990

Mr. VanSant referred to page 14 of the Regular Council Meeting minutes of August 27, 1990, and noted that the intent of the Utility Committee and Council to take corrective action on appeals of mandated use of meter pedestals was directed to Mr. Roper and the two appellants at Capital Park for reimbursement.

The Minutes of the Regular Council Meeting of August 27, 1990 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Salters and bore the written approval of Mayor Richter.

RESOLUTION - CONSTITUTION WEEK

By motion of Mr. Weyandt, seconded by Mr. Hall, Council unanimously adopted the following Resolution:

WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and

WHEREAS, it is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it, and defend it against encroachment; and

WHEREAS, the two hundredth and third anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about and recall achievements of our Founders, and to reflect on the rights and privileges of citizenship, as well as its attendant responsibilities; and

WHEREAS, in the year 1790, the Supreme Court of the United States, authorized by this Constitution, met for the first time, thus assuring every citizen due process under the Constitution; and

WHEREAS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17th through 23rd, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; and

WHEREAS, in ringing tribute to the Constitution, bells throughout the City of Dover and the Nation will be rung for 200 seconds beginning at 4:00 p.m. on the afternoon of September 17th.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         The Mayor and Council hereby designate the week of September 17-23, 1990, as Constitution Week in the City of Dover and urge all citizens to pay special attention during the week to our Federal Constitution and to the advantages and responsibilities of American citizenship.

2.         The Mayor and Council urge all churches, other institutions, and individuals who have bells to arrange that they be rung for 200 seconds beginning at 4:00 p.m. on the afternoon of September 17th; service clubs and other organizations are also urged to include appropriate ceremonies in celebration of the Constitution, giving special attention to our nation's system of justice, in their programs during the week of September 17th.

3.         The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.

ADOPTED:    September 10, 1990

Mayor Richter presented Dr. Howard Row of the Delaware Heritage Commission with the Resolution in appreciation for the assistance given to the City of Dover in celebrating the 200th anniversary of the establishment of the Supreme Court and the Federal Court systems.

READINGS FROM THE CONSTITUTION

Mayor Richter stated that the Constitution of the United States of America was signed on September 17, 1787, of which Delaware was the first state to ratify. Since the Supreme Court of the United States was authorized by the Constitution, and met for the first time in the year 1790, Mayor Richter explained that this is the 200th anniversary of the establishment of the Supreme Court and the Federal Court Systems.

Each member of Council read a part of the Constitution and the amendments that established the Supreme Court, other Federal Courts and set the principle of laws that are to be followed.

SECOND ANNUAL MAYOR'S SALUTE TO STUDENTS PARADE

Mayor Richter requested the opportunity to thank those who participated in the Second Annual Mayor's Salute to Students Parade on Saturday, September 8, 1990. Feeling that the parade was a success and the need to praise more often, Mayor Richter expressed his hope that the tradition will continue.

REZONING PUBLIC HEARING - U.S. ROUTE #13 - KW LANDS

A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of U.S. Route #13, north of and adjacent to the Sheraton Inn, owned by KW Lands (equitable owner is Wal-Mart Store, Inc.).

Mr. Cregar stated that the rezoning request would permit the constriction of a department store and wholesale club. He reported that a letter has been received from William L. Witham, Jr., Attorney for Wal-Mart Stores, requesting that City Council table action on the rezoning request. He explained that this would allow Wal-Mart Stores, Inc., to submit an application to the Planning Commission for a minor subdivision of the 33.25 -/- acres of land. Mr. Cregar stated that it is anticipated that the minor subdivision application would be submitted on or before September 14, 1990 for review by the Planning Commission at their meeting in October and that a public hearing would be held on October 22, 1990. He reported that it will be necessary to send out notices and re-advertise the public hearing. Feeling that the subdivision of the property would be beneficial, Mr. Cregar recommended that City Council accept the request to table action.

Mr. VanSant moved that the letter from William L. Witham, Jr., Attorney for Wal-Mart Stores, be accepted to table action for consideration of a minor subdivision; that the Planning Commission also consider their previous decision while considering the request for a minor subdivision; and that a public hearing be set for October 22, 1990 at 7:30 p.m. The motion was seconded by Mr. Lynn and unanimously carried.

FINAL READING - SECTION 15-97 OF THE DOVER CODE - MOTORBOATS AND JET SKIS ON SILVER LAKE

The proposed ordinance would amend Section 15-97 of the City Code that regulates motor boats as an all inclusive term, including any boat with any type of motor attached to the boat, or in the boat, providing it does not exceed 115 horsepower. This amendment would also prohibit the use of jet skis or similar devices on Silver Lake.

The first reading of this amendment was accomplished during the Council Meeting of August 27, 1990. No changes have been made to the amendment since the first reading. Unless altered by Council, this amendment will become effective upon its adoption.

Mr. Lynn moved to waive the second reading and for approval of the amendment to Section 15-97 of the Dover Code, seconded by Mr. Salters. By unanimous roll call vote, Council adopted the following ordinance:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL

MET:

The Dover City Code, Chapter 15 is amended as follows:

            1.         Sec. 15-97 (4) is amended in the second line thereof, by striking the word "outdoor" and by changing the word prior thereto, which is "an" to "a" so that this section as amended will read as follows: "(4) Motorboats. It shall be unlawful for any person to operate a motorboat in excess of eighteen (18) feet in length or of one hundred fifteen (115) horsepower based upon factory specifications as related to boat (O.B.C. ) outboard certification rating. Older boats or home-built boats to be related as near as possible in accordance with similar boats with factory horsepower recommendations."

2.         Sec, 15-97 (5) is stricken an(I deleted in its entirety, and a new subsection to read as follows is inserted: "(5) Jet Skis. It shall be unlawful for any person to operate Jet Skis or other similar devices upon Silver Lake."

ADOPTED:    September 10, 1990

FINAL READING - SECTION 13-40 OF THE DOVER CODE - RESIDENTIAL PARKING

The proposed ordinance would amend the City Code by adding a new Section 13-40 that would regulate the use of residential parking stickers. This ordinance provides for the issuance, use, and regulation of residential parking stickers for certain areas of the City, as defined by City Council.

The first reading of this amendment was accomplished during the Council Meeting of August 27, 1990. No changes have been made to the amendment since the first reading. Unless altered by Council, this amendment will become effective upon its adoption.

Responding to Council President Christiansen, Mr. Worley stated that preliminary notices are being sent to residents in the affected areas and that the stickers should be received within four to five weeks. Implementation of the ordinance will occur once the stickers are received.

Mr. VanSant moved to waive the second reading and for approval of the addition of Section 13-40 to the Dover Code, seconded by Mr. Salters. By unanimous roll call vote, Council adopted the following ordinance:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

            The Dover Code is amended by adding a new section to be designated Sec. 13-40 to read as follows:

Sec. 13-40.      Residential Parking.

            Certain areas in the City of Dover, upon approval by Council, will be eligible for residential parking stickers. Each individual area-will be assigned a different color coded bumper sticker with the year of expiration. After proper registration, these stickers will allow the vehicle upon which it is affixed to be exempt from 2 hour parking regulations in only the specified area. However, this sticker is not entitlement to a parking space nor exemption from any other parking or motor vehicle regulations established now or in the future in said area or other areas.

(a)       Definitions.

            (1)       Resident - a person who lives and resides at a residence, in a designated residential parking area, in the City of Dover, as defined by Code.

            (2)       Residence - a structure, in a designated residential parking area, in the City of Dover, that by Code, may legally house 1 or more residents (having plumbing, electricity, etc.) 24 hours a day.

            (3)       Residential Parking Area - an area with specified boundaries approved by Council, designated for residential parking and being eligible for residential parking stickers.

(b)       Times of Enforcement for Residential Parking

Areas designated for residential parking, will be subject to 2 hour parking enforcement as posted.

(c)       Eligibility

            (1)       Vehicles registered to an area designated for residential parking stickers, owned by a resident of said area.

            (2)       A business located in a designated, residential parking area may only register one vehicle for said registered business.

(d)       Registration for Residential Stickers

(1)To obtain residential parking sticker(s) a resident of a designated area must complete an application satisfactorily with the City of Dover meeting the following criteria:

                        a.         Applicant must present a valid operator's license displaying the address for which the sticker is intended;

                        b.         A valid, permanent registration card(s) for all vehicles intended with the same, eligible address;

                        c.         Failure to present the old, valid sticker may result in a denial of a new sticker, i.e. sell car, move to other designated area, etc.

                        d.         An applicant from a residential parking area whose permanent address or operated vehicle is registered outside said designated residential area may be issued a residential sticker upon proof of being a resident of said area.

                        e.         Proof may entail copy of deed, lease, utility bills or any like documents so as to satisfy "resident" requirements.

            (2)       Upon approval of application, a residential parking sticker will be issued for eligible vehicle(s), but no more than three (3) per residence and one per business.

(e)       Display of Residential Parking Sticker

Sticker must be visible, permanently affixed on the left side of the rear bumper.

(f)        Application Form. This form consists of an original and two copies.

            (1)       The original will be filed in a permanent record:

            (2)       The first copy will be readily available for easy access; department;

            (3)       The second copy will be given to the applicant.

(g)       Renewal. Residential stickers will be issued throughout the calendar year, expiring July 15th of the new fiscal year. Residents are required to renew stickers meeting the initial registration requirements stated. Application for renewal will take place between June lst of the outgoing fiscal year and July 15th of the new fiscal year.

(h)       Expiration

            (1)       Display of an expired sticker, while in violation of the 2 hours ordinance, will result in a $15.00 fine, or $10.00 if paid within 72 hours of issuance.

            (2)       A vehicle registration which was eligible and issued a sticker, which because of change of residence, status, or any other reason i.e. sells, leases, lends, etc., is no longer eligible, said sticker will be considered expired and subject to the same stated penalties, ($15.00 or $10.00 paid in 72 hours).

            (3)       A registration check on a vehicle displaying a residential sticker in violation of 2 hours parking, that comes back improper, i.e., residence change, vehicle sold, etc. will be considered prima facia evidence and be treated as an expired sticker or having no sticker depending on circumstances.

(i)        Change of Residence. When moving from a residence for which a sticker was issued, even if remaining in the same designated area, or moving to another designated area, the registered owner must make new application within 2 weeks of occupancy and bring his old sticker in for destruction.

(j)        Temporary/Visitor Parking in Designated Residential Areas. A temporary permit for residents housing overnight guests may be obtained by making application at the police department. Said permit, with expiration date must be displayed in the left rear window of the parked vehicle. A log for said permits will be maintained on the front desk of the police department. Said permits are to be turned in upon expiration date. An applicant presenting a temporary registration card which meets all other stated registration criteria will be issued a temporary permit with the understanding that said permit will expire the day said registration expires unless applicant presents a permanent registration card within said time limit so as to update application.

(k)       Exceptions to Obtaining Parking Stickers for Residential Parking Areas. The police department will maintain a "Don't Tag" list at the front desk with vehicle description and reason for exemptions. These are at the discretion of the police department for such thing as charitable organizations aiding the aged or ill or any special situations so deemed.

(l)        Penalties. Any violation of this provision not having a stated, specified penalty, will result in a $15.00 fine, which will be reduced to $10.00 if paid within 72 hours.

ADOPTED:    September 10, 1990

FINAL READING - SECTION 13-30.2 - TRUCKS IN RESIDENTIAL ZONES - CARRYING CAPACITY

The proposed ordinance would amend Section 13-30.2 of the City Code regulating the parking of trucks in the City. The amendment would prohibit the parking of any truck, with a carrying capacity of more than one and one-half tons, on City streets for a period longer than two consecutive hours; and in residential areas, except for temporary parking for immediate deliveries and/or pickups.

The first reading of this amendment was accomplished during the Council Meeting of August 27, 1990. No changes have been made to the amendment since the first reading. Unless altered by Council, this amendment will become effective upon its adoption.

Mr. Lynn moved to waive the second reading and for approval of the amendment to Section 13-30.2 of the City Code, seconded by Mr. Hall. By unanimous roll call vote, Council adopted the following ordinance:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

            That the Dover Code be and the same hereby is amended by striking Sec. 13-30.2 as it appears in Chapter 13 in its entirety and by inserting a new Sec. 13-30.2 to read as follows:

Sec. 13-30.2. Truck Parking Limited Where Carrying Capacity is More Than one and one half (1 ½) Tons.

a.It shall be unlawful for any person to park any truck with a carrying capacity of more than one and one half (1 ½) tons on the streets of the City for a period longer than two (2) consecutive hours.

b.It shall be unlawful for any person to park any truck with a carrying capacity of more than one and one half (1 ½) tons in any residential zone in the City except for temporary parking for immediate deliveries and/or pick ups from the residence.

ADOPTED:    September 10, 1990

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on August 28, 1990, with Chairman Weyandt presiding.

Community Grant Fund

By request of Councilman VanSant, the committee considered establishing a Community Grant Fund, in the amount of $5.000 initially, to address monetary requests from local non-profit and charitable organizations.

Since there are requests that exceed amounts budgeted or are for dubious purposes, it was staff's recommendation that alternative approaches should be researched in accomplishing the same goal. Mr. Worley advised members that some communities have established a community foundation which is a non-profit organization that solicits funds from the community and then through a review process, awards grants to community organizations based on an adopted philosophy. Mr. Worley suggested that staff be authorized to contact the Council of Foundations located in Washington, D.C.. to address members for further explanation.

The committee recommended that staff research all possibilities of establishing a community foundation, authorizing staff to contact the Council of Foundations for a presentation to the committee.

Mr. Weyandt moved to approve the committee's recommendation, seconded by Mr. Daisey and unanimously carried.

Request for Funds - The Shepherd Place

The committee considered a letter from Mr. Dan Enterline, President of the Board of Directors for The Shepherd Place, Inc., requesting a donation in the amount of $5.000 from the City. Mr. Enterline explained that the donation is necessary to supplement funds of The Shepherd Place in their goal of providing shelter to those in need.

Mr. Weyandt explained that previous Council action denied the request for waiver from the City's wastewater impact fee for The Shepherd Place site. Although the request was denied, Council authorized staff to meet with The Shepherd Place Board of Directors to devise an acceptable payment plan. Staff advised members that the last payment received was on April 26, 1990, in the amount of $100.

Mr. Weyandt reported that the committee instructed staff to re-negotiate a payment plan with The Shepherd Place for the City's wastewater impact fee and took no further action on the request for a $5,000 donation.

Dover Little League - Request to Lease Land at Schutte Farm

The Dover Little League submitted a request that the City lease approximately 22 acres from the Schutte Farm to build a new Dover Little League Complex. Staff is in the process of preparing a request for proposals to hire a Landscape Architect to complete a site analysis for the development of the Schutte Parkland. Staff recommended that the City keep the 56.8 acres of parkland for development of a citywide west side park, and that if land is available from the remaining acreage, the City could sell or lease 22 acres of land to the Dover Little League.

Mr. Jerry Street, representing the Dover Little League, advised members that it will be necessary for the League to obtain additional land by Spring of 1991. He explained that, at this time, the League wanted to notify the City of their interest in the land and requested that the League be considered in the City's study of the site analysis.

The committee tabled action on the request of the Dover Little League until staff presents additional data to the committee for consideration and that the League be notified of the City's plans as they develop.

Request to Change Dover Code/Charter to Permit Legal Notices by News Media

Mr. Jack Costello, Account Executive with WKEN Radio, submitted a letter requesting that the City Ordinances for public notices include all media, rather than only the print media.

Mr. Costello requested that the committee delay action on the request to allow WKEN to present sample recordings of advertisements to the committee for review.

The legal notice requirements appear in many sections of the Dover Charter and Code, which currently requires "publication of said notice in a newspaper of general circulation within the City". Staff recommended that the request be referred to the City Solicitor for thorough review prior to any action.

The committee tabled action on the ordinance amendment and referred the request to the City Solicitor for review. A representative of WKEN will address the committee during their September Meeting to present sample advertisements.

Dover Parking Authority - Ordinance to Change Number of Members

The Newark Parking Authority submitted a letter to the Dover Parking Authority requesting their consent to an amendment to the Delaware Code that would allow Parking Authorities to have a membership of five (5) to seven (7) on their Board and allow non-resident business owners to be members of the Board.

The Dover Parking Authority requested the committee's and City Council's support of the proposed amendments prior to sending their endorsement to the Newark Parking Authority.

Feeling that the request of the Newark Parking Authority is due to an internal problem and that the amendment should not be supported by the City of Dover, the committee recommended that no action be taken on the amendment at this time.

Mr. Weyandt moved to accept the committee's recommendation and that no action be taken on the request of the Newark Parking Authority at this time, seconded by Mr. Hall and unanimously carried.

Requirement for Non-Smoking Area in Public Restaurants - Councilman Daisey

With the recent concerns of serious health problems caused by passive smoking, Councilman Daisey submitted a proposal for the City of Dover to require restaurants to provide no-smoking areas. It was Councilman Daisey's feeling that the City has an obligation to protect the citizens of Dover from the health hazards caused by passive smoking. He suggested that a provision be incorporated as part of the licensing requirements for restaurants to designate no-smoking areas.

Mr. James Gray, Chairman of Governmental Affairs for Delaware Restaurants, stated that there is concern with the legislative process for a requirement of a nonsmoking areas in restaurants. He requested that his organization be included in 'the considerations of such legislation.

Restaurant owners addressed the committee relaying their concerns of a requirement for establishing non-smoking areas. Feeling that sometimes the laws create more problems than they solve, it was suggested that City officials meet with restaurant owners to discuss the matter. Members were advised that most restaurant owners utilize common sense and take non-smokers into consideration by setting aside an area for their convenience.

The committee tabled action pending a workshop meeting between City officials, restaurant owners, and other interested parties.

Proposed Change in Personnel Policy - Educational Assistance

Section 26 of the Personnel Policy states that an employee is limited to taking one educational course at a time to be eligible for reimbursement. Those receiving reimbursement must complete at least one year of continuous employment or have the amount deducted from the final paycheck. Several employees are anxious to proceed with furtherance of their education at a faster rate and have requested that this provision be liberalized.

Staff recommended that employees be allowed a maximum of three courses to be taken at a time, and require two years of continuous employment after reimbursement or have the amount deducted from the final paycheck.

There was concern with the provision in Section 26 that permits an employee to attend school during work hours and receive pay and that upon completion of the course, could leave the City's employ and only be charged with the reimbursement of the tuition and books. It was felt that those employees who attend school during work hours should also be required to reimburse the City for the salary received while attending school.

The committee recommended approval of the proposed revisions to Section 26 of the Personnel Policy and that the suggested change for reimbursement of salary when a course is taken during City time be included.

By request of Mr. Weyandt, the Assistant City Clerk read the following revision to Section 26 of the Personnel Policy into the record:

"An employee who takes advantage of this policy shall be required to complete at least two (2) continuous years of employment with the City upon receiving tuition and book reimbursement or shall have the amount of reimbursement deducted from his/her final pay check and, in the case of an employee who took an educational leave of absence with pay, the amount of compensation (including social security, workers compensation and pension) paid by the City while on such leave, shall be deducted from his/her final pay check."

(This amendment shall not apply to any City employee association that includes educational incentive within their contract).

Responding to Mr. Salters, Mr. Worley explained that other sections of the Personnel Policy have the provisions that the courses requested must be approved by the City.

Mr. Weyandt moved to approve the revision to Section 26 of the Personnel Policy, seconded by Mr. Hall and carried by a unanimous roll call vote.

Bid - Vehicle Wash Building

In conjunction with the Capital Improvements Plan, a new vehicle wash building has been approved in the 1990/91 fiscal year budget. The low bid was received from H & H Builders in the amount of $29,428. Staff's estimate was $45.000. Staff recommended that a purchase order be issued to H & H Builders for the construction of a vehicle wash building.

It was suggested that staff consider the elimination of the electric door openers since they can cause maintenance problems during the winter months. Mr. Worley stated that staff will re-negotiate the change with the low bidder.

The committee recommended that staff be authorized to issue a purchase order to H & H Builders for the construction of a vehicle wash building, with the amount of the electric door openers deducted from the low bid of $29,428.

Responding to Mr. Weyandt, Mr. Worley stated that the revised bid has been received from H & H Builders.

Mr. Weyandt moved to authorize staff to issue a purchase order to H & H Builders, for the construction of a vehicle wash building, not to exceed $29.000. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.

City Hall/Police Department/Warehouse - Renovation Schedule

As a part of the Capital Improvements Plan, the renovations and expansion of City Hall, Police Department and City Warehouse, are scheduled for fiscal year 1990-91. A tentative development schedule for the projects was submitted. The completion date was estimated for three years due to the complexity of the projects and the requirement of a bond referendum to authorize financing.

The initial component of the schedule is the completion of a space needs study, which is critical to the success of any renovation or expansion for an organization that has such a diverse group of functions. Consultations have taken place with a firm that specializes in such studies, and an estimate of $20,000 has been received for the cost of the study which will include all three facilities.

The committee recommended approval of the facilities development schedule for the renovations to City Hall, Police Department and City Warehouse and authorized the expenditure of $20,000 for a space needs study.

Responding to Mr. Lynn, Mr. Worley stated that upon Council's approval, staff will proceed to solicit proposals for the space needs study to be presented to the committee for a recommendation to Council.

Mr. Weyandt moved to accept the committee's recommendation, authorizing staff to solicit proposals for a space needs study, seconded by Mr. Lynn and carried by a unanimous roll call vote.

Route #8/Saulsbury Road - Corridor Study

Council has authorized the City Planner to perform an in-house study of the Route #8 corridor to allow for a comprehensive review of the recommended land uses discussed in the 1986 Comprehensive Plan. Given the nature of the development of Route #8, including several requests for annexations and rezonings received recently, staff has discovered that the study is necessary sooner than it could be performed in-house.

The committee recommended that the Planning Department be authorized to bid for the Route #8/Saulsbury Road Corridor Study to be performed as soon as possible.

Responding to Council President Christiansen, Mr. Worley stated that the funds necessary to retain a contractor would be obtained from the Carry Forward Balance.

Mr. Weyandt moved to approve the committee's recommendation to authorize the Planning Department to bid for the Route #8/Saulsbury Road Corridor Study, seconded by Mr. VanSant and unanimously carried.

National Municipal Policy

For informational purposes, the City Manager submitted a notice from The National League of Cities regarding any proposed amendments to the National Municipal Policy. Members were provided with the procedures for submitting policy proposals and resolutions for consideration at the National League of City's Congress of Cities in Houston, Texas, December 1-5, 1990.

The committee took no action.

Senior Surrey Bus Advertisement

In the past, revenues have been received from the sale of advertisements on the Senior Surrey buses. In an effort to re-establish advertising on the Surrey buses, staff has solicited proposals from advertising agencies. A local agency, On Target Public Relations, Ltd., was the only proposal received.

The Surrey has 12 advertising spaces available for lease. On Target Public Relations has projected $50 per month, per ad, and $40 per month, per ad for advertisers that have already been clients of the Surrey. Their fee for performing this service would be 50% of the generated revenues.

The committee accepted staff's recommendation that the City enter into a contract with On Target Public Relations, Ltd., to sell advertisements on the Senior Surrey buses.

Mr. Weyandt moved to approve the contract with On Target Public Relations, Ltd. , to sell advertisements on the Senior Surrey buses (as on file in the Office of the City Clerk). The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.

State Realty Transfer Tax

The committee was advised that the State of Delaware has amended their realty transfer tax (H.B. 729), to be effective September 4, 1990. The amendment will require an individual who purchased vacant property, and was required to pay a transfer tax, to also pay transfer taxes once improvements are made on the property. The City Planner explained that the Act requires all municipalities, prior to issuing a building permit or certificate of occupancy, to have a "declaration for building permit/certificate of occupancy" for the State of Delaware, completed by the homeowner.

Mr. Weyandt requested that it be brought to the public's attention that the State of Delaware has made this requirement and not the City of Dover. Unfortunately, this Act will require a tremendous amount of additional work for the municipalities, but revenues will benefit the State of Delaware. Mr. Weyandt stated that those citizens opposed to the requirement should contact their State Legislator.

The committee took no further action.

Mr. Lynn moved to accept the Legislative and Finance Committee report, seconded by Mr. Daisey and unanimously carried.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee Meeting was held on August 29, 1990, with Chairman Daisey presiding.

Dover Little League - Request to Lease Land at Schutte Farm

Mr. Daisey noted that this item was also considered by the Legislative and Finance Committee, as previously discussed, and that the Parks and Recreation Committee also tabled action on the request of Dover Little League.

Formation of Youth Advisory Committee

Staff researched other cities for information of a Youth Advisory Committee and found that only a few cities had a youth committee. It was noted that most success was found with Middle School students, and that most cities had a full time staff person to work with the Youth Advisory Committee to forward their suggestions to the City.

Staff presented members with recommendations for establishing a youth advisory committee for Dover which Mr. Daisey read into the record, as follows:

General Goals and Objectives

The Youth Advisory Committee would be established to:

1.Assist the Recreation Division in developing programs which specifically target youths and teens;

2.Aid in the implementation process of recreational programs through improved means of communication between the Recreation Division and the youth in the community; and

3.Increase awareness between local school districts and the Recreation Division in order to avoid scheduling conflicts, fill voids in recreational opportunities, and eliminate program duplication.

Criteria and Procedures for Selecting Youth Advisory Committee Members

1.Committee members must be residents of the City of Dover.

2.Members of the committee should have a genuine interest in planning, organizing and supporting programs to be provided by the City of Dover Recreation Division.

3.Members of the Youth Advisory Committee will work directly with the Recreation Program Specialist and will meet a monthly basis.

4.Members will be selected based on recommendations from school principals and teachers to the Recreation Division Staff.

5.The committee will be made up to two students each from Dover High School and Caesar Rodney High School and two students each from Central Middle School and Caesar Rodney Jr. High School and two students from William Henry Middle School.