REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 13, 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. Boaman and Mr. Rodriguez. The Fire Chief was absent.
The invocation was given by Reverend John H.K. Miller, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested an addition to the agenda, item #11-B to consider a letter from Mayor Richter to Bennett's Action Glass.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
Council President Christiansen reminded those present of the Second Annual Mayor's Salute to Students Day which will be celebrated by a parade beginning at 10:00 a.m. on September 8, 1990. This year's theme is "Substance Free Students".
PUBLIC HEARING - ALLEY ABANDONMENT - ALLEY ON SOUTHEAST SIDE OF ROUTE #8
A public hearing was advertised for consideration of abandonment of an alley lying on the southeast side of Route #8, between Independence Boulevard and Kenton Road. The request was made by Wayne Kulhanek, Executor of the Frank Kulhanek Estate, for property located at 1294 Forest Avenue. The Utility Committee and Planning Commission recommended abandonment of the 15' wide alley. During the Council Meeting of July 23, 1990, Council adopted a resolution to consider abandonment of the entire alley, setting a public hearing for August 13, 1990.
Council President Christiansen declared the hearing open.
Mr. Henry Heller of 1310 Forest Avenue, (property owner adjacent to alley) relayed to Council his earlier attempts, through Kent County Levy Court prior to its annexation into the City, to have this alley abandoned. Mr. Heller favors abandonment of the alley, although he suggested that the alley is in excess of 300' long as contained in the legal description of the alley. While this alley was under County jurisdiction, attempts were made to have it abandoned. The alley has never been opened up and is a "paper only" alley. At that time, the County told him that if permanent structures were placed across the alley for 21 years, it could be declared abandoned. The 21 years have long since expired but Mr. Heller did not object to formal action by the City to abandon the alley.
There was no one else present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mr. Weyandt explained to Mr. Heller that if the alley is abandoned, then City policy would require that it be conveyed equally to adjacent property owners. It is noted that this parcel of land is adjacent to property owned by Henry Heller and the Frank Kulhanek Estate.
Mr. VanSant moved to abandon the alley, stipulating that the City Engineering Department review the legal description of the alley for accuracy. This motion was Seconded by Mr. Lynn, and by a unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alley:
ALL that certain piece of parcel of land situated in the City of Dover, Kent County. State of Delaware, said parcel of land, being a public alley running east to west, lying on the southeast side of Delaware Route 8, between Independence Boulevard and Kenton Road, and further described as being bounded on the north by lands of Henry & Elsie Heller, and Frank Kulhanek being lots 61, 62, 63, 64, 65, 66 and a portion of lot 67 of Country Club Estates, and being blinded on the south by lands of Henry & Elsie Heller and Frank Kulhanek, being lots 36, 37, 38, and 39 of Country Club Estates, said alley being 15 feet wide and 336 feet long, comprising approximately 4,500 square feet.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: August 13, 1990
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 971 FOREST AVENUE - EDWARD J.TROISE. JR.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 971 Forest Avenue, owned by Edward J. Troise, Jr.
Planner's Review
City Planner, Ed Cregar, explained that the existing land uses in the vicinity of this parcel are mixed. To the west is a property zoned C2-A and to the north are other lands zoned RG-1 containing residences and legal non-conforming uses. To the northeast and east are lands zoned IO and to the south are lands zoned RG-1 and C-3.
The Comprehensive Plan recommends that this area be utilized for medium density residential uses.
The Planning Commission, by a unanimous vote of those present, recommended denial of the rezoning request. Although the Commission believes that there may be some merit in the rezoning when viewed against the existing commercial zoning in the area, the pressure continues for the development of portion of the City in a strip commercial fashion. The Comprehensive Plan discourages commercial strip rezoning. The Planning Commission believes that the most efficient way to deal with the development pressure in this area is to proceed with a more detailed study of the Route #8 corridor to allow for a comprehensive review of the recommended land uses discussed in the 1986 Comprehensive Plan. After such review, the need may exist for changes to be proposed and adopted regarding the types of land uses the City may desire to see in this general area.
In recommending denial of the rezoning request, the Planning Commission felt that approval of the request may act as a detriment to the orderly growth and development of this portion of the City in the future.
Although he supports a plan for the Route #8 area, Mr. VanSant stated that the proposal is not "strip" zoning. Looking at zoning classifications of other parcels in this vicinity, it is apparent that this area has already been carved out for commercial uses. If this rezoning is denied, the applicant would be unable to reapply for one year, in accordance with City ordinances, regardless of when the study is completed. Mr. VanSant felt that this would be unfair to the owner of the property.
Mr. Salters stated that the area is traditionally a residential area. It has deteriorated to the point where something needs to be done; either protect the residential homes or go completely commercial. He stated that the people living in this area do not want to be displaced and he felt that the City should protect the residential properties. Mr. Pitts concurred with Mr. Salters' remarks.
Responding to questions of Mr. Weyandt, Mr. Cregar explained that the C2-A zone is more traffic intensive than the Cl-A zone. Both are retail zonings, allowing office development and service commercial development, with the difference being the intensity of the degrees of use.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Edward J. Troise, Jr. , of 104 Saulsbury Road, addressed Council as the owner of 971 Forest Street. Mr. Troise stated that the properties for sale along Route #8 are not residentially priced. It is his feeling that Carver Road would be the ideal stopping point for non-residential properties. Mr. Troise stated that there are several non-residential properties in very close proximity to his property, including the Subway Shop, a body and fender repair shop, and two commercial properties directly across the street. The house next to his property is not owner occupied and is currently for sale and the house located between his property and the Subway Shop is not owner occupied. Mr. Troise felt that Cl-A would be a fair zoning category for this property.
Asked by Mr. Weyandt if Council could zone the property at C2-A to be consistent with other properties in this vicinity, Mr. Rodriguez stated that Council could approve a more restrictive zoning classification than the one requested but could not approve a less restrictive zoning classification.
There was no one else present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Mr. VanSant moved to approve the rezoning request, with the understanding that the Planning Commission stated that there may be some merit in the rezoning when viewed against the existing commercial zoning in the area, and with full, understanding that the City is moving forward with a review of the Route #8 area. Mr. VanSant further explained his motion, stating that it is unique, it is not strip zoning, it is contained in an area that is predominantly commercial, and he feels it is in the best interest of the City of Dover to rezone the property to Cl-A. The motion was seconded by Mr. Weyandt, but failed by a roll call vote of five (5) no, four (4) yes (Mr. Hall, Mr. Weyandt, Mr. VanSant and Mr. Christiansen).
Mr. Daisey and Mr. Levitt expressed concern with the possibility of placing the Cl-A zoning classification in the middle of many different zones. They felt that greater uniformity could be accomplished by waiting until the Route #8 plan has been completed.
Mr. VanSant reminded members of Council that there is a policy that when a zoning request for a parcel of land has been denied, a rezoning will not be considered for that parcel for one year. He felt that this policy would be unfair to Mr. Troise under the current circumstances. He suggested that Mr. Troise be permitted to reapply once the Route #8 study has been completed.
Mr. VanSant moved that the parcel of land located at 971 Forest Avenue be exempted from the one year limitation on reapplication in view of the in-house study on Route #8 and that they be permitted to reapply for rezoning upon completion of the study. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 23, 1990
The Minutes of the Regular Council Meeting of July 23, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF AUGUST 6, 1990
The Minutes of the Quarterly Open Town Meeting of August 6, 1990 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Salters.
ANNEXATION REFERENDUM - MIFFLIN ROAD AREA
The City Clerk reported that an annexation referendum was held on July 26, 1990 for properties in the Mifflin Road area, including the Gagen and Lindell farms. Kent County election workers certified the election results, as follows:
11 FOR Annexation 0 AGAINST Annexation
Mr. VanSant moved for acceptance of the results of the annexation referendum, seconded by Mr. Levitt and unanimously carried.
Mr. Lynn moved for approval of the following resolution, seconded by Mr. Salters and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen):
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:
Area I
Beginning at a concrete monument at the intersection of the southern line of Delaware Route 8 and the western line of Mifflin Road (County Road 196), then with the western line of Mifflin Road in a southerly direction 812.76 feet, then in a westerly direction along a line separating lands of Donald and Pauline Carey on the south and lands of Frank and Rosalie Micale on the north South 65 degrees 35 minutes West a distance of 200 feet, thence in a northerly direction the following courses and distances; 1) North 24 degrees 25 minutes West a distance of 283.4 feet, 2) North 63 degrees 24 minutes East a distance of 56.25 feet, 3) North 25 degrees 17 minutes 20 seconds West a distance of 110.45 feet, 4) South 72 degrees West a distance of 104.50 feet, 5) North 22 degrees 47 minutes 18 seconds West a distance of 84.0 feet, 6) North 23 degrees 58 minutes West a distance of 100.10 feet, 7) North 21 degrees 09 minutes 52 seconds West a distance of 113.35 feet, 8) North 86 degrees 28 minutes West a distance of 138.76 feet. 9) North 03 degrees 32 minutes East a distance of 92.85 feet, and 10) North 03 degrees 11 minutes West a distance of 85.13 feet to a point in the south line of Delaware Route 8, thence with said southerly line of Delaware Route 8 in an easterly direction the following courses and distances: 1) along the arc of a 2,894.9 foot radius curve an arc distance of 62.74 feet (having a chord of South 88 degrees 46 minutes 50 seconds East a distance of 62.74 feet), 2) with a curve to the left having a radius of 2,894.9 feet (having a chord which bears North 89 degrees 37 minutes 14 seconds East a distance of 109.15 feet) to a point of tangent, and 3) North 88 degrees 12 minutes 31 seconds East a distance of 102.0 feet to the point of beginning, the above described area including 4.4453 acres.
Area 2
Beginning at a point in the western line of Mifflin Road, said point being 862.76 feet south of the south line of Delaware Route 8 along the western line of Mifflin Road, thence with the western line of Mifflin Road in a southerly direction 241.0 feet, then in a westerly direction South 59 degrees 04 minutes West a distance of 201.3 feet, then in a southerly direction South 25 degrees 30 minutes East a distance of 1,701.1 feet, then in a westerly direction South 84 degrees 13 minutes West a distance of 260.0 feet, then along a line separating lands of Sophia Gagen on the north and Delmarva Power and Light on the south the following courses and distances: 1) perpendicular to the north line of Road 73 a distance of 142.9 feet 2) South 88 degrees 57 minutes 11 seconds West a distance of 562.68 feet, 3) South 27 degrees 36 minutes East a distance of 300.0 feet, 4) North 56 degrees 54 minutes East a distance of approximately 290 feet, and 5) South 22 degrees 19 minutes East a distance of 56.09 feet to a point in the northerly line of County Road 73, then with the northern line of County Road 73 in an easterly direction to the western line of Mifflin Road, approximately 1,360 feet, then with the western line of Mifflin Road in a southerly direction to the southern line of County Road 73, then with the southern line of County Road 73 in a westerly direction approximately 3,467.3 feet to a point, then in a northerly direction North 31 degrees 06 minutes 07 seconds West a distance of 3,262.51 feet, then North 61 degrees 37 minutes 04 seconds East a distance of 934.41 feet, the North 59 degrees East a distance of 608.0 feet, then South 33 degrees 15 minutes East a distance of 981.75 feet, then North 56 degrees 45 minutes East a distance of 1,610.40 feet, then South 30 degrees 15 minutes East a distance of 676.50 feet, then North 59 degrees 45 minutes East a distance of 400.95 feet, then North 24 degrees 25 minutes West a distance of 169.6 feet, then North 65 degrees 33 minutes East a distance of 200.0 feet to the point of beginning, the above described area including 199.8825 acres.
2. The above described property shall be annexed into the City of Dover with zoning classification of R-8 (Single Family Residential) for all properties fronting Mifflin Road and Route 8, and RM-1 for all other properties 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 14th day of August, 1990 at 12:01 a.m. o'clock.
ADOPTED: August 13, 1990
AWARDS COMMITTEE REPORT
The Awards Committee reviewed two (2) nominations for a City of Dover Medal. After careful review, the Awards Committee recommended that the City of Dover Bronze Medal of Valor be awarded to Mr. Charles Dailey and Mr. Denis Tremblay for their acts of heroism during a March 1990 automobile accident.
In accordance with Section 2-7(F) of the Dover Code, the recommendations of the Awards Committee are submitted to City Council for approval. Upon Council's acceptance of the recommendations of the Awards Committee, the City Clerk's Office will prepare the appropriate resolutions for presentation during a Council Meeting.
Mr. VanSant stated that questions have been raised regarding the fact that the award recipients do not live in the City of Dover, nor did the accident occur in the City. Mr. VanSant relayed that when the awards ordinance was drafted it was determined that the medals should not be restricted by geographical boundaries and the decision of award of a medal was left entirely to the Awards Committee's discretion.
Mr. Lynn moved for approval of the recommendations of the Awards Committee, seconded by Mr. Hall and carried by a unanimous roll call vote. Resolutions and awards will be presented during the August 27, 1990 Council Meeting.
Mr. VanSant left the meeting at this point, not voting on any of the following matters.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 24, 1990 with Chairman Weyandt presiding.
Delaware State Education Association - Request to Purchase Land
The committee considered a request from the Delaware State Education Association (DSEA) to purchase City of Dover property, located on the south side of East Water Street, to construct a 9,000 square foot building.
Mr. Weyandt advised committee members that the City purchased the property for protection, since it includes the access road to the City's dispatch center and greenhouse. He stated that there was an existing building on the lot, which is leased to the Delaware League of Local Governments for a nominal fee and the requirement of upkeep on the building. Mr. Weyandt suggested that the City lease the property to DSEA on a yearly basis, with the contingency that should the City need the property, DSEA would relinquish the site.
Due to traffic congestion in that area, the City has been gradually relocating and it is intended to abandon the area completely. The proposal would not interfere with any existing electric, water or sewer facilities.
Mr. VanSant advised committee members that the League has no objections to the request and suggested that the City lease the property to the DSEA at a cost of $1 per year for a five or ten year lease. It was Mr. VanSant's opinion that the lease should include an exclusionary clause that would not allow the lease to be transferred. Regarding Mr. Weyandt's concerns of a current survey of the property, Mr. VanSant suggested that the DSEA be required to provide a clean survey of the properties involved to City Council.
Mr. Cregar reported that the Planning Commission considered two options on the proposed site plan, as follows: 1) if the City decided to sell the property, it was recommended that the City obtain the appropriate cross access agreements so that DSEA could utilize the City's entrance roads; and 2) if the City decided not to sell, the City should maintain the cross access, and that if the City chooses to lease the property and does not want the entire site paved, the Planning Commission would waive the requirement for the five additional parking spaces an that portion of the proposed site plan.
The committee recommended that in lieu of selling the property, staff be authorized to meet with the DSEA's attorney and Solicitor Rodriguez to negotiate a ten year lease and that the DSCA be required to provide a verifying "meets and bounds" of the four properties involved to City Council through the Legislative and Finance Committee.
Council took no further action.
Offer to Provide Benches - Signs by Sharon
Ms. Sharon L. Groff, Signs by Sharon, requested permission to place benches in various locations throughout the City of Dover. These benches would be provided free of charge to the City. On the back side of the benches would be paid advertising of local businesses.
The Parks and Recreation Division has an informal policy to accept a cash donation of $100 from an individual, group, organization, or company, to construct a bench. This policy was established to standardize the style and quality of park benches placed in City parks. In return for the donation, the City will mount on the back section of the bench a small recognition plaque with the donators name and the date. Along with this policy, any bench for The Green must be approved by the Friends of Old Dover.
Since the request does not conform with the present bench policy, and is a form of general advertising/billboards which is prohibited under Chapter 3, Section 3-2, of the City Code, the committee recommended that the request be denied.
Mr. Weyandt moved for denial of the request by Signs by Sharon, seconded by Mr. Daisey and unanimously carried.
Maintenance Agreement - Dover Parking Authority - Water Street Lot
The Dover Parking Authority has agreements with the City for routine maintenance of its lots in accordance with a Resolution passed by Council on June 13, 1988. Since completion of the Water Street parking lot, it is necessary to obtain a maintenance agreement.
The committee recommended acceptance of the Agreement, between the Dover Parking Authority and the City of Dover, to provide for maintenance of the Water Street Parking Lot.
Mr. Weyandt moved for approval of the Maintenance Agreement, 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 (Mr. VanSant absent).
Single Audit Report
The Single Audit Act of 1984 requires an annual audit of the internal controls and compliance in relation to the Federal grants received by the City. The City's Single Audit Report for the fiscal year 1988-89 was submitted to Council, as prepared by the auditors, Faw Casson & Company.
Although the Act requires the report to include federal grants only, state grants have also been included to make the report more comprehensive. The main objective for the audit is to provide reports to various federal agencies assuring them that the City has adequate internal controls for expending federal funds and has complied with the requirements of the grants. Mr. Karia informed the committee that the report will be filed with the appropriate federal and state agencies. Faw Casson & Company have concluded that the internal controls of the City do not have any material weaknesses.
The committee recommended acceptance of the Single Audit Report for fiscal year 1988-89 for the City of Dover.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Quarterly Uncollectibles Report - Ambulance
Write-offs for ambulance bills are due to accepting assignment for Medicaid patients, Medicaid denials, and those that are deceased with no estate. The City of Dover entered into a contract with Medicaid which states that collection efforts for more than Medicaid reimbursement will not be made due to the financial situations of patients receiving Medicaid coverage.
The committee recommended that $12,867.93 in ambulance fees be written off.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Quarterly Uncollectibles Report - Electric
The list of uncollectible electric bills consists of those accounts which have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in the City's utility customer base. Although the bills are written off, collection attempts are continued.
Staff explained that businesses that are on the list have declared bankruptcy. She explained that federal law prohibits the City from making attempts to collect these outstanding debts. The uncollectible electric bills totalling $27,038.54, represent .22% (22/100 of one percent) of the total electric receivables. Other utility companies uncollectibles average 3% (three percent). It is staff's opinion that the City has an excellent collections rating.
The committee recommended that $27.038.34 in electric fees be written off.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Ordinance Amendment - Effect on Re-Employment
The Civilian Pension Board had concern that the wording of Section 2-193 of the City Code would prohibit a retired employee from serving on a Council Committee, Planning Commission, etc, without forfeiting his/her pension. In response to the Board's concerns, the City Solicitor suggested that Section 2-193 be amended by adding an exclusionary sentence that would permit a retired employee to serve in an elective or appointed office without affecting their pension.
The committee recommended approval of the amendment to Section 2-193 of the City Code.
Mr. Weyandt moved for approval of the first reading of the following ordinance amendment, seconded by Mr. Lynn and unanimously carried:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is amended by adding the following sentence to Sec, 2-193 as the last sentence in this paragraph:
The provisions of this Section shall not apply to any employee who receives remuneration as a result of being elected or appointed to an elective or appointed office in the City of Dover.
ADOPTED: (This constitutes the first reading of the ordinance. The final reading and Council action will take place on August 27, 1990.)
Mandatory Participation in Pension Plan
In order to stabilize, protect and secure the Civilian Pension Plan, the Civilian Pension Board recommended that the City Solicitor draft an ordinance that would make it mandatory for new employees to participate in the City's pension plan and that an employee could not withdraw from the plan unless they retire, leave the City's employ, or pass away.
Prior to the City amending the Plan, the City Solicitor explained that the City must first present a Bill to be passed by the General Assembly that would amend the Charter. Mr. Weyandt explained that Council must pass an ordinance requesting the General Assembly to approve the amendment to the Charter. Once the Charter has been amended, Council must pass an ordinance to amend the City Code in accordance with the Charter amendment.
Mr. Weyandt moved for approval of the first reading of the following ordinance amendment, seconded by Mr. Lynn and unanimously carried:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the General Assembly of the State of Delaware be asked to amend the Charter of the City of Dover Sec. 3, the second paragraph, last sentence, by striking the last sentence which reads as follows:
The participation in any plan adopted shall be entirely voluntary on the part of any employee at all times.
and by inserting the following sentence:
The participation in any plan adopted shall be deemed to be mandatory by the City of Dover and made a condition of employment and continuing employment.
ADOPTED: (This constitutes the first reading of the ordinance. The final reading and Council action will take place on August 27, 1990.)
Mayor and Council President Compensation
Since the Mayor will no longer preside over regular and special Council meetings, and compensation for the Council President is not addressed in the City Code, the committee discussed the reimbursement of expenses for the Mayor and Council President.
Although the Mayor will no longer be presiding over regular and special Council meetings, he will be pursuing substantial administrative duties and functions. The committee requested that the City Solicitor prepare an ordinance that would change the reimbursement for expenses due the Mayor from $100 per meeting to $2,800 per year.
Feeling that the Council President should receive a higher reimbursement than Council members, since he presides over meetings, and a lower reimbursement than the Mayor, the committee suggested a $15 increase. The committee requested that the City Solicitor prepare an ordinance that would establish the reimbursement of expenses for the Council President at $90 per meeting.
The committee recommended approval of the amendments.
Mr. Weyandt moved for approval of the first reading of the following ordinance amendment, seconded by Mr. Lynn and unanimously carried:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code is hereby amended by striking Sec. 2-70(l) in its entirety and adding a new Subsection (1) to read as follows and also by adding a new Subsection (9) to this section to read as hereinafter stated:
(1)For the Mayor for reimbursement for expenses incurred in carrying out his administrative responsibilities and presiding over the Annual Council Meeting, Quarterly Open Town Meetings, and other meetings, the sum of Two Thousand Eight Hundred Dollars ($2,800.00) annually to be paid on a quarterly basis.
(9)For the Council President for per them reimbursement for expenses to be paid quarterly for preparation and attendance at each regular or special meeting of City Council - Ninety Dollars ($90.00).
ADOPTED: (This constitutes the first reading of the ordinance. The final reading and Council action will take place on August 27, 1990.)
Absence of Council President
It was brought to the committee's attention that the Charter does not address a position to fulfill the duties and responsibilities of the Council President during his absence. Members of the committee requested that the City Solicitor prepare a charter change that would provide for the senior member of Council to serve as the "President Acting" and that should there be two senior members of Council, a vote from Council shall determine the "President Acting".
The committee recommended approval of an ordinance that would amend Section 9 of the Charter, as submitted by Mr. Rodriguez.
Mr. Weyandt moved for approval of the first reading of the following ordinance amendment, seconded by Mr. Lynn and unanimously carried:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, THAT COUNCIL RECOMMENDS THAT THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE AMEND THE CHARTER AS FOLLOWS:
Sec. 9 of the Charter is amended by adding a new paragraph after the third paragraph thereof to read as follows:
In the event of absence of the Council President, then the senior member of Council in terms of length of service as a Councilman shall assume the duties of the Council President and shall be designated Council President Acting. In the event that two or more members of Council have the same seniority in terms of length of service as a Councilman, then the members of Council shall vote and elect one of those as Council President Acting. Council President Acting shall fulfill all of the duties and responsibilities of Council President during his period of unavailability or absence.
ADOPTED: (This constitutes the first reading of the ordinance. The final reading and Council action will take place on August 27, 1990.)
Bid - New Roof on Recreation Building
In conjunction with the 1990-95 Capital Improvements Plan, it was proposed to replace the roof on the Recreation Center Building at the Dover Park. Two alternate roofing systems were bid, with the only major difference being that alternate #1 includes ballast stone, while alternate #2 is snapped in place. Both alternates use the same membrane covering. The Engineer's estimate was $39,000. One contractor submitted bids, as follows:
Alternate #1 Alternate #2
Coastal Roofing Systems, Inc. $20,241 $21,974
During the bidding of this project, further investigation of the existing building has indicated that it may not be able to handle the additional load of the ballast stone. Therefore, staff recommended that alternate #2 be utilized for this contract.
The committee recommended awarding the contract to Coastal Roofing for alternate #2, in the amount of $21,974.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. VanSant absent).
Central Area Zoning District Overlay District Revisions
Council considered a proposed zoning ordinance text amendment to create a new zoning district overlay, titled Central Area, that would allow ten story buildings in the C-2 and C-2A districts. Due to concerns from residents that the amendment would have an adverse impact on the Historic District area, during their meeting of May 14, 1990, City Council tabled their decision for further review.
Although the committee reviewed this matter at length, Mr. Weyandt requested that Council take no action at this time to allow the committee further review. Mr, Weyandt moved that Council committee the tabling motion on this matter, seconded by Mr. Lynn and unanimously carried.
Municipal Elections - Polling Locations
The City of Dover has had two elections since district voting, was initiated. Discussion has evolved around the need for district polling places. Council made a decision to make no changes until the voters had an opportunity to familiarize themselves with the many changes already taking place. To allow sufficient time to plan for the 1991 election, the City Clerk's Office is requesting Council's direction and presented members with the following options:
1) Continue with single polling place at Grace Fellowship Hall at Wesley Church. There have been complaints of inadequate parking, unsafe conditions for pedestrians, and insufficient room to hold City-wide elections. On the other hand, voters are used to this location since it has been utilized for several years.
2) Select a larger facility to continue having only one polling place. The complaints of Grace Fellowship Hall could be addressed by utilizing a larger facility, with adequate parking, in the center City area.
3) Select four polling places, by district, to hold district elections. This is possible but would require additional personnel at election time. Thought also should be given to compilation of election returns from the four districts to one central returns center. Citizens will need to be better informed about district voting and polling places if separate places are utilized.
With four elections taking place at one time, Grace Fellowship Hall is too small to facilitate an organized election; therefore, the City Clerk recommended that option #1 not be considered.
It was generally agreed by the committee that one centrally located polling place would better serve the City of Dover citizens than having four polling locations.
The City Clerk's Office will submit recommendations to the Legislative and Finance Committee for committee review.
Municipal Elections - Election Board
The City Charter states that selected holdover members of Council and the Alderman shall serve as the election board for City of Dover elections. There has been some concern expressed that the Mayor and members of Council should not be a part of the election process. It has even been suggested that City personnel should not be involved in the municipal elections.
The City Clerk advised members that some cities utilize a volunteer election board appointed to handle the entire election process. Many other cities have City staff handle their elections. Members of the Committee were provided with excerpts from the City of Newark's Code regarding their election board.
It was generally agreed by the committee that the City Clerk prepare a plan, recommending persons to serve on the City's election board by continuing to utilize members of staff currently designated by the Charter, but excluding the utilization of members of Council. This plan will be submitted to the committee for further review.
Council action was not necessary at this time.
Mr. Weyandt moved for approval of the Legislative and Finance Committee's report as submitted, seconded by Mr. Lynn and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 25, 1990 with Chairman Daisey presiding.
Offer to Provide Benches - Signs by Sharon
Chairman Daisey stated that an offer to provide benches, from Signs by Sharon, was also reviewed by the Legislative and Finance Committee. Noting that Council took previous action to deny the request, Mr. Daisey stated further Council action is not necessary.
Request for Permission to Utilize 1990 Bayliner - Silver Lake
Based on Mr. Edward Hannigan's interpretation of the Silver Lake Regulations Section 15-97, he recently purchased a 1990 Bayliner Capri, with a 90 HP outboard motor. The motor is registered by the manufacturer and the State as a certified outboard motor.
Mr. Knox clarified that the Dover Code regarding boating on Silver Lake, states "it shall be unlawful for any person to operate a boat propelled by an inboard motor upon Silver Lake. For the purpose of this section, an inboard-outboard or combination of inboard and outboard motors shall mean an inboard motor". The ordinance does not permit boats with more than 113 horsepower motor on the Lake. Mr. Hannigan's Bayliner has a 90 horsepower motor, which meets the ordinance requirement.
Mr. Hannigan obtained a boating permit for Silver Lake. He is now being denied access to the Lake because the outboard motor is encased by a ski platform, which makes the outboard motor appear to be an inboard motor. He has requested Council's permission to utilize his boat on Silver Lake.
The City Manager suggested that the Committee permit Mr. Hannigan to temporarily enter the Lake pending the recommendations of the Silver Lake Commission and the Police Department at the regular Cou