REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 12, 1990 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters, VanSant and Weyandt.

Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.

The invocation was given by Pastor Doreina Miles, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mayor Richter requested the addition of an executive session to discuss legal matters. Mr. Christiansen requested the addition of item #11A-(Combustion Turbine) and #11B-(Clarification of Statement on Assessments).

Mrs. Legates moved for adoption of the agenda as amended, seconded by Mr. Lynn and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 26, 1990

Mr. VanSant requested that the minutes be amended by adding the word “not” on page 4, paragraph 7, line 2, to read as follows: “Although he presented the recommendation of the committee, Mr. VanSant explained that he does not support the motion and voted negatively at the committee level.”

The Minutes of the Regular Council Meeting of February 26, 1990 were unanimously approved as amended, by motion of Mr. Christiansen, seconded by Mrs. Legates and bore the written approval of Mayor Richter (with the exception of the motion to reimburse Mr. Glenn Mahan $169 for damages incurred as a result of a sewer backup).

ANNOUNCEMENT - INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS

Mayor Richter announced that he was notified by the International Institute of Municipal Clerks that the City of Dover’s Clerk, Debrah J. Boaman, has completed all requirements prescribed by IIMC for national certification. Mayor Richter and members of Council congratulated Mrs. Boaman on the achievement.

PROCLAMATION

The City Clerk read into the record the following Proclamation:

WHEREAS, there are millions of living witnesses to the fact that cancer can be cured, despite the fact that this disease is an alarming national killer; and

WHEREAS, thanks to the increasing knowledge in the biological and medical sciences, we are nearing a solution to the problem of cancer, but must not lessen our efforts until the battle has been won completely; and

WHEREAS, the Kent County Chapter of the American Cancer Society, having worked unceasingly on the never-ending battle against one of society’s prime destroyers, has raised over $46,000 in charitable contributions in the past five years with their “DAFFODIL DAYS FUND RAISER”.

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 23, 199, as:

DAFFODIL DAY

in the City of Dover and urge all citizens to join the Delaware Division of the American Cancer Society, in their efforts to save more lives, by purchasing and wearing a daffodil.

RESOLUTION

Kent County Levy Court will hold a public hearing regarding their revised zoning ordinances. Mayor Richter requested adoption of the draft resolution endorsing the adoption of the Kent County Zoning Ordinance Update.

City Planner, Ed Cregar, also serves as a member of the Kent County Planning Commission. He endorses the resolution on behalf of the City Planning Office and as a member of the Kent County Planning Commission.

By motion of Mr. VanSant, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:

WHEREAS, the City of Dover supports and commends the efforts of the Kent County Levy Court for their adoption of an updated Comprehensive Plan; and

WHEREAS, the effective date of the County’s Comprehensive Plan is contingent upon the adoption of their revised Zoning Ordinances; and

WHEREAS, the City of Dover, having reviewed the Zoning Ordinance Update, believes this document to be a valuable tool for the management of growth in the Greater Dover area and all of Kent County.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, in support of the County’s desire to comply with the “Quality of Life Act”, enthusiastically supports the adoption of the Kent County Zoning Ordinance Update.

ADOPTED:    March 12, 1990

DOVER POLICE DEPARTMENT - 1989 ANNUAL REPORT

Chief Hutchison presented the 1989 Annual Report for the Dover Police Department, reviewing in detail many aspects of the report. Although not directly relevant to the report, Mr. VanSant voiced concern with the lack of distribution of federal drug money to municipalities, stating that the drug war must be fought at the municipal level. Mr. Levitt also voiced concern with the federal drug fund distribution, feeling that more funds should have been directed at treatment, rehabilitation, and education. Members of Council commended the Dover Police Department and the community for their efforts in the war on drugs, utilizing all available resources.

Mr. Weyandt moved for acceptance of the 1989 Annual Report of the Dover Police Department, seconded by Mr. Lynn and unanimously carried.

APPOINTMENT - PARKING AUTHORITY

Mayor Richter submitted the name of Mr. K.C. Sheth for appointment to the Parking Authority to fill the unexpired term of Mr. Joseph Maybee. The term will expire on May 13, 1992.

Mr. Lynn moved for approval of the appointment of Mr. K.C. Sheth to the Dover Parking Authority for a term to expire on May 13, 1992, seconded by Mrs. Legates and carried by a unanimous roll call vote.

APPOINTMENTS - DOVER PLANNING COMMISSION

John G. Davis, Sr.

Mayor Richter submitted the name of Mr. John G. Davis, Sr. for reappointment to the Planning Commission for a three year term, to expire on February 28, 1993.

Mr. VanSant moved for approval of the reappointment of Mr. John G. Davis, Sr. to the City of Dover Planning Commission, for a three year term to expire on February 28, 1993. The motion was seconded by Mrs. Legates and carried by a unanimous roll call vote.

Sarah G. Hastings

Mayor Richter submitted the name of Mrs. Sarah G. Hastings for reappointment to the Planning Commission for a three year term, to expire on February 28, 1993.

Mrs. Legates moved for approval of the reappointment of Mrs. Sarah Hastings to the City of Dover Planning Commission, for a three year term to expire on February 28, 1993. The motion was seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).

Thomas Holt

Mayor Richter submitted the name of Mr. Thomas Holt for reappointment to the Planning Commission for a three year term, to expire on February 28, 1993.

Mr. VanSant moved for approval of the reappointment of Mr. Thomas Holt to the City of Dover Planning Commission, for a three year term to expire on February 28, 1993. The motion was seconded by Mrs. Lynn and carried by a unanimous roll call vote.

REVISED MANAGERIAL SALARY SCHEDULES

Review of revised managerial salary schedules was tabled in the Council Meeting of February 12, 1990, for further review in executive session. Mr. VanSant moved to remove the matter from the table, seconded by Mr. Lynn and unanimously carried.

Mr. Lynn moved for approval of the revised managerial salary schedules (as on file in the Office of the City Clerk), effective January 1, 1990, through June 30, 1990. The motion was seconded by Mr. VanSant.

Mr. Weyandt stated his objection to amending the salary schedules in the middle of the budget year. It was his feeling that such changes should be budgeted and made in the beginning of the fiscal year. Mr. VanSant stated his hope that the Legislative and Finance Committee will adhere to Mr. Weyandt’s suggestion by taking care of this matter prior to consideration of bargaining unit salaries.

The revised managerial salary schedules were approved by a unanimous roll call vote.

SELECTION OF CITY MANAGER

Mayor Richter announced that the City of Dover has selected Mr. R. Thomas Worley to serve as the City Manager. Mr. Worley previously served as Assistant City Manager of the City of Dover.

Mr. Weyandt moved to nominate Mr. R. Thomas Worley to serve as the City Manager for the City of Dover, to begin work on May 7, 1990. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.

Mr. Weyandt and other members of Council congratulated Ms. Alisa Swain for the fine job she performed during her tenure as Acting City Manager.

PARKS AND RECREATION COMMITTEE

The Parks and Recreation Committee met on February 27, 1990, with Chairman Legates presiding.

Proposed Ordinance - Tree City U.S.A.

The City has taken necessary steps to become a “Tree City USA”, which requires establishment of a legally constituted tree body; establishment of a community tree ordinance; implementation of an active, comprehensive community forestry program; and celebration of Arbor Day by a Proclamation and by conducting a commemorative tree planting.

The committee reviewed a proposed municipal tree ordinance which was reviewed by the City Solicitor and the State Forester. The committee recommended approval of the ordinance.

Reading of the ordinance was unanimously waived by motion of Mr. Christiansen, seconded Mr. Hall.

Referring to the ordinance, Mayor Richter questioned Section 2, where it refers to an attached list of Official Street Tree Species. It was noted that this section will be altered to allow for an approved list of trees by the Grounds Superintendent, although the list will not be a part of the ordinance.

Mrs. Legates moved for approval of the following ordinance, seconded by Mr. Hall and carried by a unanimous roll call vote:

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

Amend Chapter 21, Article I of the Dover Code by deleting Sections 21-1, 21-2 and 21-3 in their entirety, inserting the following new Sections 21-1 and 21-2 and by renumbering the existing Section 21-4 to Section 21-3.

SECTION 21-1 MUNICIPAL TREE ORDINANCE

Regulating the planting, maintenance and removal of shade and ornamental trees on public areas in the City of Dover.

This ordinance shall be known and may be cited as the Municipal Tree Ordinance of the City of Dover.

Section 1. Purposes

The purposes of this ordinance are as follows and they shall be liberally construed to promote and advance the general welfare of the City:

(a)       To guide and regulate the planting, maintenance and removal of trees on the public streets, parks and other municipal-owned property.

(b)       To establish a City Tree Board charged with administration of this ordinance by prescribing regulations relating to the planting, maintenance and removal of trees in public places.

(c)       To protect the character and the social and economic value of both private and public property in the City.

(d)       To preserve and enhance the visual character and natural beauty of the City of Dover.

Section 2. Definitions

(a)       For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. The word “shall” is mandatory and not merely directory.

(b)       As used in this ordinance, certain terms are defined as follows:

            (1)       “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.

            (2)       “Street or highway” means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

            (3)       “Public Trees” are herein defined as trees located within public right-of-ways, parks, or any other City property.

            (4)       “Street Trees” are herein defined as trees on land lying between property lines on either side of all streets and avenues within the City. Usually located between curb and sidewalk.

            (5)       “Park trees” are herein defined as trees in public parks having individual names, and all areas owned by the City or to which the public has free access as a park.

            (6)       “City” means the City of Dover.

            (7)       “Property line” means any of the lines forming the front, rear and sides of lots as described in the recorded title.

            (8)       “Board” means the City Tree Board.

            (9)       “Council” means the governing body of the City of Dover.

Section 3. Establishment of a City Tree Board

Since the City of Dover has an existing governing body with jurisdiction over public trees there is no reason to create a new board. With the adoption of this ordinance the Parks and Recreation Committee has the title and duties as the City Tree Board.

Section 4. Board Advice to City Council

Council shall consider the advice of the City Tree Board on all matters concerning the application of this ordinance.

Section 5. Duties of City Tree Board

The duties of said Board shall be as follows:

(a)       To study the problems and determine the needs of the City in connection with its tree program.

(b)       To study and recommend to the Council as the desirable legislation concerning the tree program.

(c)       To ensure adequate funding for public tree planting and maintenance.

Section 6. Control of Public Shade and Ornamental Trees

The City assumes complete control over all public trees planting, maintenance and removal. These functions shall be performed by City crews and personnel, or by contracts with qualified, licensed, and insured private tree companies.

Section 7. The Duties of the Grounds Superintendent

The Superintendent of Grounds shall have the authority to promulgate the rules and regulations of the arboriculture specifications and standards of practice governing the planting, maintenance, removal, fertilization and pruning of trees on the streets or other public sites in the City, and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any public area of the City of Dover. He/she shall cause the provisions of this ordinance to be enforced.

Section 8. Legality of Ordinance and Parts Thereof

Should any section, clause, or provisions of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid.

Section 9. Relief from Personal Responsibility

(a)       The Grounds Superintendent, or any employee charged with the enforcement of this ordinance, while acting for the City, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit instituted against any City employee because of an act performed by him in the lawful discharge of his duties shall be defended by the City Solicitor.

(b)       In no case shall the Grounds Superintendent be liable for costs in any action or suit or proceeding that may be instituted in pursuance of the provisions of this article when he and/or his subordinates perform their duties in good faith and without malice.

Section 10. Damage or Abuse to Public Trees

Should any public tree be damaged by any person, the City may charge the person causing such damage for repairs to the tree and/or its devaluation. Should any public tree be destroyed by any person, the City may charge the person causing such destruction for the appraised value of the tree plus the cost of its removal and replacement.

Section 11. Public Tree Care

The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

Section 12. Dead or Diseased Tree Removal on Private Property

The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor disease which constitute a potential threat to other trees within the City. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice; enter the cost as a municipal lien; or utilize other methods of collection.

SECTION 21-3 ARBORICULTURE SPECIFICATIONS AND STANDARDS OF PRACTICE

The Grounds Superintendent shall have the authority to promulgate the rules and regulations of the Arboriculture Specifications and Standards of Practice governing the planting, maintenance, removal, fertilization, and pruning of trees on the streets or other public sites in the City.

Section 1. Policy

(a)       All work on public trees shall comply with this ordinance.

(b)       The Arboriculture Specification and Standards of Practice shall be adhered to at all times, but may be amended at any time that experience, new research, or laws indicate improved methods, or whenever circumstances make it advisable with the approval of the Grounds Superintendent.

(c)       The policy of the Grounds Division shall be one of cooperating with the public, property owners, and other City departments at all times.

(d)       No trees shall be removed from public places unless they constitute a hazard to life or property, a public nuisance, or because a revision of planting plans necessitates.

Section 2. Street Trees Species to be Planted

An official Street Trees Species List has been approved by the Grounds Superintendent for tree plantings along streets and avenues of the City. (The official List will be kept on file in the Office of the City Clerk.) No species other than those included in this list may be planted as street trees without written permission of the Grounds Superintendent.

Section 3. Planting

(a)       Size - unless otherwise specified, all medium to large deciduous tree species and their cultivars shall conform to American Association or Nurserymen Standards and be at least 1¼ - 1½ inches in diameter six (6) inches above ground level, and at least eight (8) to ten (10) feet in height when planted. The crown shall be in good balance with the trunk.

(b)       All small deciduous tree species and their cultivars shall be at least five (5) to six (6) feet or more in height and have six (6) or more branches.

Section 4. Location and Spacing

Spacing of trees shall be determined by the Grounds Superintendent but generally, all large trees planted no closer than 35 feet; medium trees 30 feet; small trees 25 feet; except in special plantings designed or approved by a landscape architect.

Section 5. Distance from Street Corners and Fireplugs

No Street Tree shall be planted closer than 30 feet of any street corner and no closer than 10 feet of any fireplug.

Section 6. Utilities

Only trees listed as small to medium shall be planted under power lines and no trees shall be planted within 5 feet of any underground water line, sewer line, transmission line or other utility.

Section 7. Pruning and Removal

(a)       It shall be unlawful as a normal practice for any person to top any street or public tree. Topping is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires may be exempted from this ordinance at the determination of the Grounds Superintendent.

(b)       All large or established trees shall be pruned to sufficient height to allow free passage of pedestrians and vehicular traffic: 8 feet over sidewalks and 14 feet over streets.

(c)       All cuts shall be made with a saw or pruner and only at the nodes or crotches. No stubs shall be left.

(d)       All dead, crossed, and rubbing branches shall be removed.

(e)       All tools being used on a tree suspected to be infected with a contagious disease shall be disinfected before being used on another tree.

(f)        Whenever streets are to be blocked off to public service, police and fire departments shall be notified of the location and length of time the street will be blocked.

(g)       The stumps of all removed trees shall be cut to at least 3 inches below ground level.

Section 8. Spraying

(a)       Suitable precautions shall be taken to protect the public when spraying is being done.

(b)       Spraying shall be done only for the control of specific diseases or insects, with the proper materials in the necessary strength, and applied at the proper time to obtain the desired control. All spraying practices shall conform to federal and state regulations.

Section 9. Fertilization

(a)       Fertilization of public trees shall follow the National Arborist Association or other accepted arboriculture standards.

(b)       Formulations, rates, and methods of application of fertilizers shall be specified by the Grounds Superintendent.

Section 10. Cabling and Bracing

All cabling and bracing practices with screw rods shall follow National Arborist Association or other accepted arboriculture standards.

ADOPTED:    March 12, 1990

Old Farm Village - Open Space

Old Farm Village consists of a 74 +/- acre portion of a 134.2 acre tract of land annexed into the City of Dover on September 13, 1988. The subdivision was presented for review in a conceptual form on May 4, 1989 and has subsequently been through two additional preliminary reviews prior to a final subdivision plan being approved by the Planning Commission on January 16, 1990.

It was determined through the review process that a combination of land and cash be required by the developer. In this case, the first phase of Old Farm Village will be dedicating 2.3 +/- acres of neighborhood open space. This represents approximately 30% of the required 7.4 +/- acres of open space. The remainder of the commitment will be made up in cash in lieu of land. The City Assessor has determined that the fair market value of this 74 +/- acre tract is $562,600. A total of 10% cash in lieu of land would represent $56,260. However, the recommendation is to require a combination of 70% in cash (of the total cash donation of $56,260) which represents a cash donation of $39,382 and 30% in land (of the total land donation of 7.4 +/- acres) which represents a donation of 2.3 +/- acres. It was noted by the Planning Department that additional land and cash will be donated along with the development of Phase II of Old Farm Village.

As recommended by the Planning Commission, the developer has deleted a proposed cul-de-sac going into the wooded area, adjacent to Heatherfield, due to concern of Heatherfield residents. This action results in 5.6 acres of private open space, which will be maintained by the Home Owners Association, in addition to the land requested by the City.

The committee recommended Council approval of acceptance of 2.3 +/- acres of open space in land dedication and $39,382 in cash in lieu of land for the first phase of Old Farm Village.

Mrs. Legates moved for approval of the committee’s recommendation to accept 2.3 +/- acres of open space in land dedication and $39,382 in cash in lieu of land for the first phase of Old Farm Village. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.

Fox Hall West Open Space

The proposed subdivision of Fox Hall West Addition proposes the subdivision of 26.8 +/- acres of mature woodlands for residential development as an addition to the Fox Hall West Subdivision. The site is bound on three sides by lands already developed or platted for residential development. Those areas include developing Fox Hall West on the east, Heatherfield to the west and Autumn Wood to the north.

It was recommended by the Development Advisory Committee and the Planning Commission during the Conceptual Plan Review in October, 1989, that at least 10% of the gross land area be reserved for open space purposes. It is believed that a unique opportunity exists to preserve a mature woodland area for wildlife habitat and passive outdoor recreational purposes in the midst of a developing “suburban” community. The developer was asked to provide a selected clearing plan which would detail the amount of trees which would be removed for the project and be dedicated as private open space with no maintenance responsibility from the City of Dover.

The Comprehensive Plan recognizes the importance to the human landscape of preserving portions of these natural resources as new areas of Dover are developed.

The Planning Department recommended acceptance of the concept of 2.7 +/- acres of land as private open space. This area includes both wooded and open lands and provides a buffer along the southern perimeter of the site adjacent to the existing tax ditch. In addition, a further recommendation proposed that a selective clearing plan be developed which would set forth a strategy for woodland preservation and accompanying protective measures to ensure the health and vitality of vegetation intended to be preserved.

The City Assessor proposed a fair market value quote for Phase II of Fox Hall West, at approximately $249,500. If the City was to take 10% in cash in lieu of land, it would be $24,950 which would be added to the park land fund. The Planner stated that there are no wet lands in this area. The lands are zoned R-8 which could be developed for single family residence if cash were accepted in lieu of land.

The Parks and Recreation Committee recommended that the City accept the 10% cash ($24,950). Mrs. Legates moved for approval of the committee’s recommendation, seconded by Mr. Daisey.

Mayor Richter voiced his objections to the recommendation, stating that the money is insignificant when compared to the affect the action would have on the quality of life in this area. He felt that the Planning Commission considered this when making their recommendation to preserve the mature woodland area. Mr. VanSant agreed, stating that the 2.7 +/- acres of private open space would enhance the beauty of the surrounding area and would far exceed the value of the cash in lieu of land.

On a call for the question by Mr. Christiansen, the motion to accept $24,950 in lieu of park land failed by a roll call vote of six (6) no, three (3) yes (Mr. Daisey, Mrs. Legates and Mr. Weyandt).

Mr. Weyandt voiced concern with the City accepting the land, feeling that maintenance costs will become excessive. Mr. Cregar explained that the recommendation is to accept the property as private open space, without the City actually taking ownership of the property or being responsible for its maintenance.

Mr. VanSant moved to accept the Planning Commission’s recommendation to accept 2.7 +/- acres in Fox Hall West to be reserved as private open space, seconded by Mr. Christiansen.

Mr. Weyandt moved to table action on the motion to provide an opportunity for the City to consider under what conditions the property will be accepted. The motion was seconded by Mrs. Legates and carried with Mr. VanSant, Mr. Christiansen and Mr. Lynn voting no.

Mrs. Legates moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Lynn and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on February 27, 1990, with Chairman Weyandt presiding.

Comprehensive Annual Financial Report

The City’s Annual Financial Report for fiscal year 1989 was prepared and published by the Finance Department and is audited by an independent certified public accounting firm of Faw Casson & Company.

The Comprehensive Annual Financial Report for fiscal year ended June 30, 1989, was submitted by Mike Karia, Finance Director/Treasurer. Ms. Janis Nesterak of Faw Casson and Company explained to the committee that the report shows the City’s financial controls and procedures to be in very good order. Ms. Nesterak also stated that Faw Casson & Company has submitted a letter with suggestions to Mr. Karia on administrative and housekeeping matters for consideration; however, there are no existing problems. Ms. Nesterak stated that the City works very well in their accounting controls.

The committee recommended adoption of the report as submitted.

Mr. Weyandt moved for adoption of the Comprehensive Annual Financial Report for fiscal year ended June 30, 1989, seconded by Mr. Lynn and unanimously carried.

Appeal of Denied Insurance Claim - Jean Couchman

The committee considered an appeal of a denied insurance claim for Ms. Jean Couchman. Ms. Couchman was involved in an accident with a City refuse truck. The drivers of both vehicles were backing up their vehicles at the time of impact with both drivers stating that they did not see the other vehicle. The City’s insurance carrier denied payment for damages to Ms. Couchman’s vehicle on the basis that both drivers contributed to the accident and should be responsible for their respective damages. Ms. Couchman’s insurance company has paid for damages to her vehicle, but would not pay for car rental while her vehicle was being repaired. Ms. Couchman has requested that Council reimburse her for car rental fees ($56) and for the amount of her insurance deductible ($200), for a total reimbursement of $256.

It was pointed out by the City Clerk, Mrs. Boaman, that car rental protection and collision deductibles are discretionary options for a vehicle owner. Ms. Couchman opted to not have coverage for car rental fees and for a $200 deductible. Since the City of Dover was not found responsible for the damages to Ms. Couchman’s vehicle, the City Clerk recommended denial of the request, since we would be subsidizing the personal insurance coverage of Ms. Couchman.

Feeling that the matter should be handled by the insurance carriers of the City of Dover and Ms. Couchman, the committee recommended denial of the request.

Mr. Weyandt moved for approval of the committee’s recommendation for denial of the request, seconded by Mr. Lynn and carried with Mr. Christiansen voting no.

Request for Vendors on Municipal Lot, Adjacent to City Hall

Letters from vendors requested permission to utilize the municipal parking lot, adjacent to City Hall, for placement of push carts to sell such items as hot dogs, soft drinks and ice cream (frozen yogurt). Mr. Cregar, Chief of Inspections, expressed concern with hazards to pedestrians if vendors are permitted to operate in a highly congested traffic area such as the municipal lot.

Noting that there is already a vendor that sells hot dogs at this site, the committee tabled action on the request to allow staff an opportunity to obtain information on previous Council approval for the current vendor.

Community Prevention Coordinator - Job Description and Salary Range

As recommended by the Legislative and Finance Committee, staff prepared a projected three year cost for the Community Prevention Coordinator which was hired on February 16, 1990 at a starting salary of $23,774. The committee was assured that this position will not conflict with programs already offered through our Recreation Department. Projected costs for the program were submitted covering January 1, 1990 through December 31, 1992.

The committee recommended approval of the proposed job description for the Community Prevention Coordinator at a pay grade of G-20 ($23,774). Ms. Swain explained that it is not necessary at this time to approve the projected three year costs. Mr. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. Daisey.

Mr. VanSant suggested that approval be contingent upon continuance of the grant. This would allow elimination of the position when the grant is exhausted. Mr. Salters stated that the City may choose, at exhaustion of the grant, to continue the program, suggesting that the decision does not need to be made at this time. Ms. Swain stated that this is a three year grant project. The City may choose to continue the program after the grant has been exhausted, but it is not a requirement of grant.

On a call for the question by Mr. Christiansen, the motion to approve, for the full length of the grant, the job description for the Community Prevention Coordinator (on file in the City Clerk’s Office) at a pay grade of G-20 (annual salary of $23,774), was approved by a unanimous voice call vote.

Reading, Passage, and Effective Date of Ordinances

The committee considered the concept of an ordinance that will require the announcement of an ordinance and its proposed adoption date during a Council Meeting and reading of the ordinance (or its synopsis) at a second Council Meeting, when it may be adopted. The committee recommended adoption of the ordinance.

By motion of Mr. Weyandt, seconded by Mr. Lynn, Council adopted the following ordinance by a unanimous roll call vote:

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

The Dover Municipal Code is hereby amended by striking Sec. 1-6 of Chapter 1 of the Code in its entirety and by inserting a new section to be captioned and worded as follows:

Sec. 1-6. Reading, Passage, and Effective Date of Ordinances.

No ordinance, with the exception of emergency ordinances, shall be passed by Council until it is: (1) announced at one regular Council meeting, which announcement shall be made by the City Clerk outlining the nature of the ordinance and stated when it will be considered for passage at a subsequent regular Council meeting; and (2) read, by synopsis, outline or otherwise, at the subsequent announced meeting of Council prior to being voted upon by Council. Emergency ordinances may be passed by Council at any time but must be designated as such that their immediate passage is necessary to serve the health and welfare of the City. Ordinances shall be passed in accordance with the provisions of Sec. 10 of the Charter. All ordinances which do not state an effective date shall be effective immediately upon their adoption by Council and their approval by the Mayor except as otherwise provided in the Charter, Sec. 10.

Recommendation for Use of FY 1990 Community Development Block Grant Funds

Community Development staff conducted an administrative public hearing on February 15, 1990 in the City Hall Caucus Room. The hearing was held in order to provide any interested citizen the opportunity to offer their comment and concerns regarding the City of Dover’s use of the FY 90/91 Community Development Block Grant Funds. Two citizens were present at the hearing, and a letter was received from the Ruth N. Dorsey Shelter requesting funding through the Emergency Shelter Grant Program (ESGP).

Staff recommended that $115,500 of the Community Development Block Grant funds be earmarked to provide rehabilitation assistance to approximately eleven households located within Capitol Green area, Kirkwood, New, West and Water Streets and State College Road. An amount of $3,200 will be used to assist in the demolition of one eligible property with the remaining $40,641 being used for administrative expenses.

The committee recommended approval for use of the Community Development Block Grant Funds as presented by staff.

Mr. Weyandt moved for approval of the committee’s recommendation that $115,500 of the Community Development Block Grant funds be earmarked to provide rehabilitation assistance to approximately eleven households located within Capitol Green area, Kirkwood, New, West and Water Streets and State College Road. An amount of $3,200 will be used to assist in the demoli