ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 14, 1990 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters, VanSant, Weyandt and Pitts.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
A silent moment of prayer was held, followed by the Pledge of Allegiance,
AGENDA ADDITIONS/DELETIONS
Mr. Lynn moved for acceptance of the agenda, seconded by Mr. VanSant and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 23, 1990
The Minutes of the Regular Council Meeting of April 23, 1990 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
RESOLUTION - GOLDIE K. LEGATES
By motion of Mr. Christiansen, seconded by Mr. Levitt, Council unanimously adopted the following Resolution:
WHEREAS. Goldie K. Legates has served as a member of City Council since May 12, 1986 and after two consecutive terms in office, has chosen to retire from public office on May 14, 1990; and
WHEREAS. Councilor Legates served one year on the Civilian Pension Committee and four years on the Parks and Recreation and Safety Advisory Committees, having served as Chairman of the two committees since May 11, 1987; and
WHEREAS, during her tenure on Council, Councilor Legates was instrumental in the City's efforts for recognition as a “Tree City, U.S.A. and offered guidance to the City in its approach to a formalized tree program; and
WHEREAS, Councilor Legates served the City of Dover with dignity and conviction, consistently devoting her efforts to the betterment of the City and the welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their gratitude to Goldie K. Legates for her faithful and dedicated service, and for the sacrifice of personal time for the good of the community.
2. That Mrs. Legates is wished success in all future endeavors and good health
and happiness in her retirement.
3. As an expression of their appreciation for the dedicated service of Goldie K. Legates, the Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: May 14, 1990
On behalf of the Mayor and Council, Mayor Richter presented Mrs. Legates with a Dover Cup and the framed Resolution in expression of their appreciation for the years served on City Council.
Mrs. Legates voiced her appreciation to Mayor and Council and City staff for the assistance rendered to her, and to her family for their encouragement and support during her tenure on City Council.
OATHS OF OFFICE - MAYOR AND COUNCIL ELECT
The Honorable Myron T. Steele, Judge of the Superior Court, administered the oath of office to the Mayor and Council elect, as follows:
Mayor - John E. Richter
Councilman - First District - Frederick N. VanSant
Councilman - Second District - Francis R. Weyandt
Councilman - Third District - Patrick H. Lynn
Councilman - Fourth District - John W. Pitts
RECESS
Mayor Richter declared a recess for photographs of the newly sworn members of Council and City staff.
STATE OF THE CITY MESSAGE - MAYOR JOHN E. RICHTER
Mayor Richter offered the following State of the City Message:
“This is the First Annual Meeting of the City under our revised Charter, so I must first thank Council for this opportunity to participate and address you. I would like to thank the citizens for attending the meeting and my family for their support. I want to welcome our City Manager, Tom Worley, and to thank Alisa Swain for serving as our Acting City Manager for ten months. I also want to thank City staff for their work and assistance.
I am proud to be Mayor of the City of Dover. Dover is a great city and we all love it. It is a good place to call home. It is beautiful and clean, but I know places that are dirty and dreary. It has beautiful and historic homes, but I know of houses and living quarters that are substandard. The people are friendly and productive, but I know some who are evil and dredges on society. We have great educational opportunities, but I know there are many who couldn't care less. We have General Foods, but we have lost Reichhold. Yes, Dover is great. but there is much to do. Let me begin by saying just a few words on the big problem. The problem and subject is so big that it could engulf this entire statement. Dover has citizens who are hiding behind drugs and alcohol. They are hiding because they cannot face their lives as they see them. These citizens are sapping our resources and dragging us down. Their needs are creating business and dealers that we don't need. Profits are so high that we call this problem a war. We need to change people's outlooks so that they feel purposeful and no longer need to hide! We have hired a drug specialist, Yvonne Bunch. Before that we expanded our police force, and we are providing them with the best equipment. But ladies and gentlemen, this is not enough and money alone will not do it. I'm proud of the financial commitment the City has made to the effort, but we need to look beyond money. We need human commitment. We must somehow stimulate ourselves and the entire community to feel good about ourselves. Whatever else we do pales in the face of letting this problem beat us. So every action we take must be thought of in the context of this big one. But we must move on.
First of all, we must think long range. Dover and Kent County will be the hot spots for growth in the next decade. We must plan and make decisions that will help us in the future. I think our planning department needs to be larger. In addition, we cannot just rely on the City Planner, Mr. Cregar, or his staff. Long-range thinking must come from all of us. It must come from all corners of the community. Is Dover growing? Yes. Does Dover need parking lots? Yes. Will every decision we make be unanimously endorsed? No! We must make hard decisions in the face of opposition, and we must make progress toward a long-range goal. Our Public Works Department must take action to develop a plan for the future. We must continue to improve our water, sewer, electricity, streets, sidewalks, drainage, etc. In addition to all the good things we do now, I believe it must include further reduction of our solid waste. We already do composting of leaves. There are successful private programs for aluminum and glass, but more needs to be done. Newsprint is especially frustrating. There simply seems to be no viable market for the product. Many of our citizens are crying to help but they have no place to go. We must find a way to help them and ourselves. I have also asked our City Manager to consider a proposal to return our solid waste program to a cost center similar to our water, sewer and electric departments. This would involve a user fee system so that we all understand the costs and have an economic incentive or indicator before us.
In downtown Dover -- I believe the City must improve our enforcement programs to make areas desirable and safe. We will not be able to do this without support from those who own property and those who want to live law-abiding lives. I have asked Chief Hutchison to take a hard look at our priorities because I believe this area should move up, and it will! Our civilian enforcement effort must also be strengthened. We must allocate more, but we must all stop riding around town with our blinders on. Our Dover Development Corporation must find a way to implement new and rehabilitated housing construction. We cannot allow vacant lots and buildings to continue to deteriorate.
Our Parks and Recreation Programs will expand to meet citizen needs. In doing this, we must seek partnerships and cooperative programs. We have a great start; lets continue in that mode. I want to undertake a system of walking, jogging and biking paths throughout Dover. Ed Cregar has placed some of his thoughts and mine on a map which will be distributed in the near future. My objective is to provide a system throughout Dover that will give those who wish to leave their autos for a time, a way to move safely and pleasantly. Along the St. Jones River, south to Puncheon Run and along Puncheon Run to our new West Dover Park which certainly can contain a path system. It has great areas for you to discover. I have used it for 30 years and I love it. Along the U.S. 13 Corridor, we can lay out routes that are separated from the roadway, linking the shopping centers, Delaware State College, Dover Downs, Liberty Center (wherever it may be) and other places of interest. We can enhance Dover for our young and those who wish to be young.
On Saturday, I participated in the Urban Peace Trees Project. Youths from the Soviet Union, India, Columbia, Ireland and Washington D.C. came to little Dover, Delaware for two days of togetherness. We planted trees to enhance Dover at the New Street Park, on Kirkwood Street and at Slaughter Street. My participation was at New Street. Don Knox, William Cooper and Yvonne Bunch. City staff, were there helping us. I did not direct this event. City Council did not direct this event. I do not think that those people that were there from City staff were directed by the City Manager to attend. They did so because they wanted to. Two citizens from our community, John Shuford and Becky Halpern, organized this event from which we all benefitted.
Dover is great because of our location and our infrastructure, yes; but more important, it is great because of people. People who are with us now, who have preceded us and who will join and follow us. People make the difference! We have a large number of people who have not been elected, are not paid, but help us greatly. I want to thank some of them: Members of our Council Committees, Planning Commission, Board of Adjustments, Parking Authority, Arts Council, Downtown Development Corporation, Awards Committee, Silver Lake Commission, and Drug Advisory Council. There are many more that are not connected with the City that are making Dover great as well. City government must continue to establish an environment that encourages participation and initiative.
Let me close and thank you again for this opportunity to speak to you and to thank the citizens of Dover for allowing me to serve. Dover is great; Dover can be even greater, and lets all work together and plan for the future.”
COUNCIL ELECTIONS - 1990/91
Council President/Vice-Mayor
Stating that the Council must have a stable and well-balanced approach to where we are going without the Mayor at the helm, Mr. VanSant offered the name of Councilman Patrick Lynn to serve as Council President/Vice-Mayor. The nomination was seconded by Mr. Weyandt.
Mr. Daisey offered the name of Councilman Robin Christiansen to serve as Councilman President/Vice-Mayor. The nomination was seconded by Mr. Hall.
Mr. Weyandt moved that nominations be closed, seconded by Mr. Hall and unanimously carried.
Those voting for Councilman Lynn were Mr. VanSant, Mr. Lynn and Mr. Weyandt.
Those voting for Councilman Christiansen were Mr. Hall, Mr. Daisey, Mr. Pitts, Mr. Levitt and Mr. Salters.
Mayor Richter declared that Councilman Christiansen will serve as Council President/Vice-Mayor for 1990/91.
City Solicitor
Mr. VanSant nominated Nicholas Rodriguez to serve as City Solicitor, seconded by Mr. Daisey. Mr. Levitt moved that nominations be closed, seconded by Mr. Hall and unanimously carried. Mr. Rodriguez was elected to serve as City Solicitor.
Deputy City Solicitor
Mr. Weyandt nominated William Pepper to serve as Deputy City Solicitor, seconded by Mr. VanSant. Mr. Weyandt moved that nominations be closed, seconded by Mr. Hall and unanimously carried. Mr. Pepper was elected to serve as Deputy City Solicitor.
Fire Marshal
Mr. Christiansen nominated James Melvin to serve as Fire Marshal, seconded by Mr. Levitt. Mr. Christiansen moved that nominations be closed, seconded by Mr. Daisey and unanimously carried. Mr. Melvin was elected to serve as Fire Marshal.
City Clerk and Alderman
Mr. Weyandt nominated Debrah J. Boaman to serve as City Clerk and Alderman, seconded by Mr. Lynn. Mr. Weyandt moved that nominations be closed, seconded by Mr. Daisey and unanimously carried. Debrah J. Boaman was elected to serve as City Clerk and Alderman.
Treasurer/Finance Director
Mr. Weyandt nominated Mike Karia to serve as Treasurer/Finance Director, seconded by Mr. Daisey. Mr. Weyandt moved that nominations be closed, seconded by Mr. Christiansen and unanimously carried. Mike Karia was elected to serve as Treasurer/Finance Director.
Assistant City Clerk and Deputy Alderman
Mr. Christiansen nominated Janice C. Green to serve as Assistant City Clerk and Deputy Alderman, seconded by Mr. Daisey. Mr. Weyandt moved that nominations be closed, seconded by Mr. Daisey and unanimously carried. Janice C. Green was elected to serve as Assistant City Clerk and Deputy Alderman.
Assistant Treasurers
Mr. Weyandt nominated Debrah J. Boaman and Janice C. Green to serve as Assistant Treasurers, seconded by Mr. Hall. Mr. Christiansen moved that nominations be closed, seconded by Mr. Daisey and unanimously carried. Debrah J. Boaman and Janice C. Green were elected to serve as Assistant Treasurers.
COMMITTEE APPOINTMENTS - COUNCIL
To afford the new Council President sufficient time to review Council Committee appointments, Mr. Weyandt moved to table the matter until May 29, 1990, seconded by Mr. VanSant and unanimously carried.
Mr. VanSant moved that the existing committees remain in effect until May 29, 1990 and that the newly elected member of Council be a member at large of all committees until new committees are set. The motion was seconded by Mr. Christiansen and carried with Mr. Lynn voting no.
COMMITTEE APPOINTMENTS - MAYOR
Mayor Richter submitted the following appointments:
Awards Committee
Mr. Donald R. Braden, Ms. Emily G. Morris, and Mr. Richard Curl.
Silver Lake Commission
Mr. John G. Armistead, Mr. Michael J. Malkiewicz, Honorable Edward J. Bennett, Mr. Mark C. Blosser, Mr. Sherman L. Townsend, and Mr. Don Knox.
Mayor Richter stated that a seventh member (replacing Mr. Reuben Salters) will be named in the near future.
Mr. Weyandt moved for confirmation of the Mayor's appointments, seconded by Mr. Salters and unanimously carried.
POLICE DEPARTMENT
Appointment of Chief
Mayor Richter announced that Chief James L. Hutchison will remain as the Chief of Police during Mayor Richter's term of office. He congratulated Chief Hutchison for performing a superb job during the last two years.
Approval of Number of Police Personnel and Salaries
In accordance with Section 18-1 of the City Code, Council must set the number of police personnel and salaries during their Annual Meeting.
Mr. VanSant moved for approval of the following resolution, seconded by Mr. Hall and carried by a unanimous roll call vote:
WHEREAS, Article 1, Section 18-1 of the City of Dover Municipal Code requires that City Council designate the number and salaries of the individual police officers who shall comprise the police force; and
WHEREAS, in accordance with this section of the Municipal Code, the Mayor shall appoint the police officers; and
WHEREAS, it is required that the police personnel level and salaries be set during the Annual Meeting of City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council hereby designate the police personnel level to be set at 70 officers, stipulating that if the General Assembly approves Drug Grant funds to local law enforcement agencies, then the police personnel level will be set at 75 officers until January 1991, at which time the total authorized strength will be decreased to 74 officers. (As approved by City Council on February 12, 1990.)
2. That the police personnel salaries are hereby approved in accordance with the contract with the uniformed police officers and the budget that will be adopted in accordance with said contract. (A copy of the adopted contract wage scale is attached to this Resolution - as on file with the City Clerk's Office.)
ADOPTED: May 14, 1990
Mr. Salters questioned the salary schedule, stating that it does not depict the salary of the Chief. In reviewing the salary schedule, Mr. Salters feared that with overtime, some uniformed officers could be compensated in excess of the Chief. Mayor Richter explained that the salary of the Chief of Police will be reviewed prior to adoption of the budget.
PUBLIC HEARING - ZONING TEXT AMENDMENT - ARTICLE 4, SECTION 4.8
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Code, Article 4, Sec. 4.8. The hearing was set for 7:30 p.m. The first reading of the proposed amendment was on April 9. 1990.
Mr. Cregar explained that Article 4. Sec. 4.8. deals with the medium density residential zone (RM-2) of the Zoning Bulk and Parking Requirements, that would change the maximum permitted number of stories for Garden Apartment Dwellings from two (2) to three (3) in the RM-2 district. It is felt by the Planning staff that the number of stories shown in the RM-2 zone as two (2) stories, was a typographical error since it was not consistent with garden apartments in other districts. The Zoning Board of Adjustments has requested that Council rectify this error by amending the stories to three (3) to be consistent with other zones.
Mayor Richter declared the hearing open.
There was no one present to speak for or against the amendment.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved for approval of the text amendment in accordance with the Planning Commission. The motion was seconded by Mr. Lynn and by a unanimous roll call vote (Mr. VanSant absent), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 4, Section 4.8 (RM-2 Zone.) of the Zoning Bulk and Parking Requirements to change the Maximum Permitted Number of Stories for Garden Apartment Dwellings from “2" to “3".
ADOPTED: May 14, 1990
PUBLIC HEARING - ZONING TEXT AMENDMENT - ARTICLE 5, SUPPLEMENTARY REGULATIONS
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Code, Article 5, Supplementary Regulations. The hearing was set for 7:30 p.m. The first reading of the proposed ordinance amendment was on April 9, 1990.
Mr. Cregar explained that the amendment would add a new Section 14, entitled Day Care Facilities, that would establish definitions and standards dealing with Day Care Facilities that are consistent with the licensing requirements of the State's Department of Services for Children, and to permit Day Care Centers in all zones where a need has been determined.
Mayor Richter declared the hearing open.
There was no one present to speak for or against the amendment.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved for approval of the text amendment to Article 5. Supplementary Regulations in accordance with the recommendation of the Planning Commission. The motion was seconded by Mr. Christiansen.
Responding to a question by Mr. Levitt, Mr. Cregar stated that adult day care is being looked at on a State level and will be looked into for the City in the future.
Referring to Section 14.2 (Definitions), Mr. Lynn questioned why Subparagraph (ii) does not cover the need for a conditional use permit when such requirement is addressed in (I) and (iii). Mr. Cregar stated that Conditional Use is required for a Group Day Care Home, stating that this requirement will be added to subparagraph (ii).
Mr. Lynn requested that the motion include the addition of the requirements in subparagraph (ii), which was agreed upon by Mr. Weyandt and Mr. Christiansen. By a 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:
Amend Article 5 Supplementary Regulations by adding a new Section 14. titled Day Care Facilities. as follows:
14.1 General. In order to promote the development of quality child care outside of the home (Day Care Facilities) the following two basic assumptions have been made:
i. The establishment of day care services and facilities, wherever there is a need, is a necessary public objective, and;
ii. Day care programs shall be treated as community facilities and shall be permitted to locate in any zoning district provided that need has been demonstrated, State licensing requirements have been met, and no physical hazard to children can be reasonably anticipated.
14.2 Definitions:
Day Care Facility: for the purpose of this Ordinance, the facilities described, furnishing care, supervision and guidance of a child or group of children, unaccompanied by parent or guardian, for periods of less than 24 hours per day, shall be defined as follows:
i. Family Day Care Home: An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives. Such care in a family day care home is limited to that care given to 6 or fewer children. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit.
ii. Group Day Care Home: A facility which provides child care for more than six (6) but less than twelve (12) children. This care may be offered in a private home or in a property converted to the purpose of providing child day care and would require conditional use approval.
iii. Day Care Center:
(a) Any place other than an occupied residence which receives children for day care or group day care home, and;
(b) Any occupied residence which receives 12 or more children for day care.
Such child care facilities shall be required to obtain conditional use approval by the Planning Commission in accordance with the procedures and subject to the general conditions set forth in Section 10.1 and to any specified requirement set forth in Section 14.3 below.
14.3 Zoning Criteria
i. Number of children: Day Care Centers shall be limited to a maximum of fifty (50) children in zones R-8 thru R-20 and a maximum of one-hundred (100) children in all other zones.
ii. Outdoor Play Area: Must meet State requirement for Day Care Center.
iii. Off-Street Parking and Loading: 1 space per each adult attendant, plus 1 space for every 10 children.
iv. Signs: In all residential zones a Day Care Center may have one (1) facility identification sign no greater than 2 sq.ft. and may be attached or detached. At time of conditional use approval such proposed sign shall be approved by the Planning Commission. In all other zones a day care center may have one (1) facility identification sign no greater than 16 sq.ft. and may be attached or detached provided such sign is set back 25 feet from the right-of-way.
v. Licensing Requirements: Day Care Center must meet State standards and a letter of approval from the State shall be submitted to the Department of Planning and Inspections.
Amend Article 3. District Regulations Section 1.14, Item (a) by deleting the portion that reads “... Kindergartens, and day care centers; philanthropic and inserting in lieu thereof the following:
“... Kindergartens, and day care centers in accordance with Article 5, Section 14 Day Care Facilities; philanthropic ...”
(a) Places of worship including parish houses; schools, including nursery schools, kindergartens, and day care centers in accordance with Article 5. Supplementary Regulations, Section 14. Day Care Facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements:
Amend Article 3. District Regulations, Section 1.14 a, iii, by deleting “or day care center” and rewording to read; “Any kindergarten or nursery school permitted...”
Amend Article 12. Definitions by inserting the following definitions;
Day Care Facility: For the purpose of this Ordinance, the facilities described, furnishing care, supervision and guidance of a child or group of children, unaccompanied by parent or guardian, for periods of less than 24 hours per day, shall be defined as follows:
(a) Family Day Care Home: An occupied residence in which a person provides day care for children other than his/her own family and the children of close relatives. Such care in a family day care home is limited to that care given to 6 or fewer children. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit.
(b) Group Day Care Home: A facility which provides child care for more than six (6) but less than twelve (12) children, This care may be offered in a private home or in a property converted to the purpose of provide child day care.
(c) Day Care Center:
I. Any place other than an occupied residence which receives children for day care or group day care home, and;
ii. Any place including an occupied residence which receives 12 or more children for day care.
ADOPTED: May 14, 1990
PUBLIC HEARING - ZONING TEXT ADDITION - SECTION 27
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Code, creating a new Section 27, under Article 3, entitled Central Area Zone (CA). The hearing was set for 7:30 p.m. The first reading of the proposed ordinance amendment was on April 9, 1990.
Mr. Cregar explained that the addition of Section 27, under Article 3, entitled Central Area Zone would serve as a guide for the Planning Commission and Council for considering development projects in the downtown development area. The purpose of the Central Area District is to provide designation of an area that represents an important aspect of the economic well-being of the City. It is particularly intended that the regulations promote and maximize the development potential of the Dover Central Area and to serve as a tool to stimulate the redevelopment of business and cultural activities in the downtown area. The text also defines the limits of the Central Area.
Mayor Richter declared the hearing open.
Mr. Charles Johnson of 419 S. State Street voiced objections to the proposed text amendment. He felt that permitting buildings of ten stories in height in this area of Dover would be detrimental, since the streets cannot absorb the additional traffic, parking is limited, and such buildings would damage, not enhance, the central area of Dover.
Mayor Richter declared the hearing closed.
Mr. Daisey moved to table action on the amendment to facilitate further discussion, seconded by Mr. Levitt and carried with Mr. Lynn voting no.
Mr. Weyandt requested that in future discussions, the Planning Department clearly designate the area of downtown that is zoned at C-2 and G-2A.
PROPOSED RESOLUTION - COMBUSTION TURBINE PROJECT AT SCHUTTE FARM SITE
Pursuant to the hearings by the City of Dover Zoning Board of Adjustments that were held on the combustion turbine generator at the Schutte Farm Site, an issue arose concerning the restrictiveness of the City's existing noise vibration sections within the Performance Standards of the Zoning Ordinances. A resolution was prepared to refer this concern to the Planning Commission for review and recommendation to Council.
Responding to questions by Mayor Richter, Mr. Karia stated that the Resolution was prepared by the City's Bond Counsel.
Mr. Weyandt moved for approval of the following Resolution, seconded by Mr. Lynn and carried by a unanimous roll call vote:
WHEREAS, the City has approved the acquisition, construction and installation of a 40 MW combustion turbine at the Schutte Farm site in connection with the expansion of its Electric System (the “Project”); and
WHEREAS, the proposed Project would not be in compliance with the City's existing Noise Ordinance (Dover City Code, Article 5, Section 8.33) at an industrial property line; and
WHEREAS, the City applied for and the Board of Adjustment has granted a variance for the Project from the Noise Ordinance; and
WHEREAS, certain persons (whose property lines are not the subject of the variance decision) have filed an appeal to the variance decision and have requested Superior Court to reverse the decision of the Board of Adjustment; and
WHEREAS, City Council is advised by the City's Electric Department that the proposed Project will comply with the comparable noise restrictions of federal and State law for both residential and industrial properties; and
WHEREAS, City Council believes that the existing Noise Ordinance should be reviewed and appropriate amendments considered to the existing City requirements; and
WHEREAS, the City plans to issue electric revenue bonds to finance the costs of the Project and it is desirable to assure the purchasers of the bonds that the City will continue to take appropriate steps to proceed with the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Planning Commission is requested to review the City's Noise Ordinance and make a recommendation to City Council with respect to possible amendments thereto.
2. The City intends to continue taking all appropriate steps to proceed with the Project in compliance with the Noise Ordinance (as it may be amended) and all other applicable federal, state and City legal requirements.
ADOPTED: May 14, 1990
DOVER DEVELOPMENT CORPORATION/DOVER PARKING AUTHORITY RESOLUTION - TWO HOUR PARKING
The following Resolution was submitted to Council:
BE IT RESOLVED BY THE DOVER DEVELOPMENT CORPORATION, WITH CONCURRENCE OF THE DOVER PARKING AUTHORITY, THAT:
1. It is recommended to Dover City Council that an ordinance be enacted setting a two (2) hour parking limit on streets from Loockerman Street south to Water Street and Governors Avenue east to the eastern edge of Legislative Mall, and the area of Elm Terrace, with provisions made for residential parking permits for people who live on The Green.
2. That the Dover Development Corporation and the Dover Parking Authority will write to the President of Kent General Hospital suggesting that a controlled access gate be placed on the South Street Parking lot.
ADOPTED: April 26, 1990
Mayor Richter reminded members of Council that the State of Delaware has expressed objections to the concept of two hour parking on Federal Street and have pointed out that it is a State maintained road.
Mr. VanSant moved to acknowledge receipt of the Resolution and to refer it to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 24, 1990 with Chairman Weyandt presiding.
Quarterly Uncollectibles Report - Electric
A list of Uncollectible Electric Bills for the third quarter of FY90 consisted of accounts which have shown no collection activity for a period of one year or longer. The list included accounts that date from 1984 to 1986. These accounts were missed in previous write-off lists.
The committee recommended that Council write-off $9,953.12 in uncollectible electric bills.
During discussions, Mr. Karia presented a report regarding the uncollectible accounts, projecting that the Electric Fund will have an estimated balance of $145,000 at the end of this fiscal year. He suggested that $100,000 should be kept in the Reserve Account to cover any major write-offs and the remaining $45,000 should be used for next fiscal year's write-offs. New funds should not be provided in the 1990-91 budget for Bad Debt Reserve.
Mr. Weyandt moved to approve Mr. Karia's suggestion, seconded by Mr. VanSant and unanimously carried.
Mr. Weyandt moved for approval of the committee's recommendation to write-off $9,953.12 in uncollectible electric bills, seconded by Mr. Hall and unanimously carried.
Quarterly Uncollectibles Report - Ambulance
A list of Uncollectible Ambulance Bills for the third quarter of FY90 consisted of accounts which have shown no collection activity for a period of one year or longer. The list of write-offs are due to accepting assignment for Medicaid patients. The City has entered into a contract with the State which reads that if the City accepts the assignment, the City cannot make any effort to collect additional amounts from those Medicaid participants. Feeling that the problem has to do with Ambulance service rates. Mr. Levitt commented that it has been determined that those on Medicaid have little or no additional resources. He recommended that the State be contacted to research their rate allowances.
The committee recommended that Council endorse the write-off of Uncollectible Ambulance Bills in the amount of $4,514.75.
Mr. Weyandt moved that staff be directed to contact the State to research their rate allowances for Medicaid, seconded by Mr. Levitt and unanimously carried.
Mr. Weyandt moved for approval of the committee's recommendation to write-off the uncollectible ambulance bills in the amount of $4,514.75, seconded by Mr. Salters and unanimously carried.
Review of Sanitation Department Budget and Public Works Administration Budget
In reviewing the Sanitation Department and the Public Works Administration budgets, it was recommended that staff be permitted to schedule a meeting with the manufacturer and maintenance shop staff. No action was taken on the Public Works Administration Budget.
Noting that the meeting has been held, Mr. Weyandt moved to direct staff to submit a full report on the meeting to the Legislative and Finance Committee, seconded by Mr. VanSant and unanimously carried.
Approval of Contract - University of Delaware
The University of Delaware developed a proposal for a personnel study for the City of Dover. The study will include all positions with the exception of all police positions.
The project team will include four staff members from the University of Delaware and will begin June 1, 1990 for completion by November 16, 1990, at a cost of $10,200.
Noting that the cost of the original contract was $9,750, Mr. Weyandt stated that the University of Delaware submitted an explanation stating that the additional cost is due to a delay on the City's part.
The committee recommended that Council permit the University of Delaware to perform a pay study for the City of Dover, excluding the Police, for an amount not to exceed $10,200.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey and