REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 13, 1989 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 Councilman VanSant, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested the addition of agenda item #4A to consider a request from the Robbins Hose Company to replace an appointed judge for their election.
Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 23, 1989
The Minutes of the Regular Council Meeting of October 23, 1989 were unanimously approved by motion of Mr. VanSant, seconded by Mrs. Legates and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF NOVEMBER 6, 1989 The Minutes of the Quarterly Open Town Meeting of November 6, 1989 were unanimously approved by motion of Mr. VanSant, seconded by Mrs. Legates and bore the written approval of Mayor Richter.
REZONING REQUEST - PROPERTY LOCATED ON BUCKSON DRIVE - JEFFERIC ENTERPRISES, INC.
A request was received to rezone property located on the east side of Buckson Drive at the east end of Jefferic Boulevard, north of Towne Point, owned by Jefferic Enterprises, Inc.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. VanSant, seconded by Mrs. Legates, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the east side of Buckson Drive at the east end of Jefferic Boulevard, north of Towne Point with approximately 37.1788 +/- acres, are presently zoned for RG-2 use; and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on January 8, 1990 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-2 (General Residence) to CP-O (Commercial/Professional Office) that property located on the east side of Buckson Drive, owned by Jefferic Enterprises, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: November 13, 1989
PROCLAMATION - NATIONAL CITIES FIGHT BACK AGAINST DRUGS WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the presence of drugs and narcotics in our society has resulted in innumerable problems of human, community, social and economic dimensions: and
WHEREAS, the consequences of drug-related problems are witnessed in the loss of human lives, the loss of economic productivity, the diversion of public resources to address these problems on all fronts, and are threats to the health of our people; and
WHEREAS, the dissolution of the family, an inadequate education system. poverty, unemployment and greed all contribute to illegal drug use; and
WHEREAS, the demand for illegal drugs is a pervasive problem that affects all segments of our society. including professional and affluent people; and
WHEREAS, illegal drugs plague urban, suburban and rural communities of all sizes and regions; and
WHEREAS, illegal drugs constitute a problem in our community and lead to a host of problems such as homicides, robberies, burglaries and other crimes, and domestic violence; and
WHEREAS, a national war on drugs has been declared to combat the importation, trafficking, sale and abuse of drugs; and
WHEREAS, our nation's cities and towns are on the frontlines of our war on drugs; and
WHEREAS, hundreds of America's dedicated public servants have died and thousands of others risk their lives daily to fight our cities' individual battles against illegal drugs and the criminal activities stemming from illegal drugs.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, DO HEREBY PROCLAIM December 3-9, 1989 as "NATIONAL CITIES FIGHT BACK AGAINST DRUGS WEEK" and urge all citizens, community groups, schools, and business and civic organizations to support and participate in special activities during this week to draw community attention to this issue.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on October 23, 1989 with Chairman Legates presiding.
Suggestions on DelDOT Survey - Gregory Howe
Suggestions were submitted by Gregory Howe relative to the DelDOT report on downtown traffic flow. The committee directed the City Clerk to notify Reverend Howe that his suggestions will be considered during review by City staff and DelDOT representatives of the light synchronization and downtown traffic flow.
Loading Zone on The Green
With the completion of Constitution Place and the recent enactment of the text amendment to permit retail establishments from Water Street to Loockerman Street, staff suggested placement of a loading zone space to serve The Green. Creation of the space would eliminate two parking spaces. Although staff has authority to post the loading zone, the committee's advice was sought in deference to the sensitivity of this area.
The committee directed staff to establish a loading zone space on the northeast quadrant of The Green, noting that additional loading zone spaces will be considered in the future if the need arises.
Handicapped Parking in Front of City Hall
A suggestion for handicapped parking in front of City Hall by Mr. VanSant was considered by the committee. It was noted that two handicapped parking spaces are located on the side of City Hall. Although these spaces are a greater distance from the building than if located directly in front of City Hall, staff felt that they are located in a much safer environment for handicapped persons. The area in front of City Hall has very high curbs that would need extensive ramping and is located in an area that is highly congested with traffic. It was noted that the current handicapped parking spaces are not clearly marked.
The committee directed staff to properly sign the current handicapped parking spaces. The matter can be reconsidered if this action proves insufficient.
Mr. VanSant moved for approval of the Safety Advisory Committee Report, seconded by Mrs. Legates and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY ON EAST SIDE OF U.S. ROUTE #13 - JOHN HUNN BROWN (PROPOSED CIVIC CENTER SITE)
A public hearing was duly advertised for this time and place to consider rezoning of property located on east side of U.S. Route #13, owned by John Hunn Brown. Mayor Richter informed members of Council that a letter has been received from Ronald C. Paape & Associates, requesting that the hearing be postponed until December 18th to afford an opportunity for the developer to complete the research work required to produce a traffic Impact report.
Mr. Cregar explained that the matter was reviewed by the Planning Commission who recommended that the parcel, containing approximately 142 acres, be rezoned as requested with the condition that the developers satisfy the concerns of the Department of Transportation.
A letter was just received from the Department of Transportation, informing Council that the traffic impact study will be unavailable until after the first of the year.
In view of the two letters, Mr. VanSant moved that the rezoning request be referred back to the Planning Commission so that the traffic impact study can be included in their review, for a final recommendation to Council along with the public hearing. The motion was seconded by Mr. Weyandt and carried with Mr. Christiansen voting no.
RESOLUTION - MARY HAYES
By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, Mary Hayes has served as a volunteer at the Dover Public Library since May 1987; and
WHEREAS, Ms. Hayes has performed the invaluable service of maintaining the card catalog of the library during this period, adding and deleting over 50,000 cards each year; and
WHEREAS, Ms. Hayes has consistently performed her tasks in an exemplary fashion, applying the skills she learned during twelve years employment at the University of Delaware Library and ten years at the Delaware State Library; and
WHEREAS, Ms. Hayes has contributed in excess of 1,600 hours, the equivalent of over 42 full-time work weeks, to the Dover Public Library, since May 1987; and
WHEREAS, Ms. Hayes has been twice nominated for the Governor's Outstanding Volunteer Award.
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 sincere appreciation to Mary Hayes for her untiring devotion to the Dover Public Library and for the many hours contributed on behalf of the citizens of Dover.
2. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover in recognition of their appreciation to Mary Hayes.
ADOPTED: November 13, 1989
The Resolution was presented to Mary Hayes by Mayor Richter and Library Director, Robert Weatherall, as well as a gift in appreciation of the many hours donated to the City of Dover by Ms. Hayes.
PRESENTATION - GOVERNMENT FINANCE OFFICERS ASSOCIATION - DISTINGUISHED BUDGET PRESENTATION AWARD
Mayor Richter presented to Acting City Manager Alisa Swain, a Distinguished Budget Presentation Award, from Government Finance Officers Association. This award signifies the excellent manner in which the City prepares its budget.
Although not responsible for the past year's budget preparation, Ms. Swain accepted the award on behalf of the City Manager's Office. She offered special appreciation to Mrs. Terry Tieman who devoted many hours to the completion of the budget package.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 7, 1989 with Chairman Weyandt presiding. Mr. Weyandt moved that all items listed on the agenda, with the exception of items #4A, 4C, and 4J, be approved under the consent agenda format, seconded by Mr. VanSant and unanimously carried.
Request for Financial Support - Caesar Rodney Band/Parents' Association. Inc.
The committee considered a request from the Caesar Rodney Band/Parents' Association, Inc. for financial support in the Bands' efforts to march in the Big Parade in London, England on January 1, 1990.
After spending a considerable amount of time discussing utilization of taxpayers' money for such a donation, the committee recommended that Mayor and Council's compensation for the Quarterly Open Town Meeting of November 6, 1989 be donated to the Caesar Rodney Band, and that it is not to be precedent setting for any other individual or group. (It is noted that each Council member receives $75 and the Mayor receives $100 for attendance, totaling a donation of $750 to the band.)
Mr. Weyandt moved for approval of the committee's recommendation, stipulating that the Council Compensation Statement reflect that a donation was made to the Caesar Rodney Band by members of Council and Mayor Richter. The motion was seconded by Mr. Daisey.
Mr. Lynn questioned the legality of Council passing a motion for the disbursement of individual, private funds. He suggested that the concept be approved with the accord of each member of Council, rather than by a vote.
Mr. Hall stated his support of the motion, expressing his feeling that taxpayers' dollars are being well spent by supporting the request of the Caesar Rodney Band. The City of Dover recently entered into an agreement with Dover High School and Caesar Rodney High School to do whatever possible in the efforts of combating drug abuse. The band is one of many programs that work in this light. This type of program requires strict discipline, is well supervised, and keeps students interested in school activities. It was Mr. Hall's opinion that helping with programs of this nature are tax dollars well spent.
Mr. Levitt stated his feeling that this action would be precedent setting, suggesting that a Grants-in-Aid Program be set for future requests of this nature. It was Mr. Levitt's feeling that contributions should be made willingly by an individual based upon their own judgement on the amount of the contribution. He voiced opposition to the concept of utilizing Mayor/Council compensation funds to make the contribution, feeling that it is still utilization of taxpayer's money. Although he feels that a donation to the Caesar Rodney Band is a worthwhile and public spirited idea, Mr. Levitt stated his preference that Council be paid for the services it performs and that each individual member of Council make their own decision on the donation.
Mr. Christiansen agreed that the City pledged support to both schools to work with our youth. He suggested that the original motion be discarded and that the City Council be courageous enough to make the donation as requested.
Mr. VanSant assured members of Council that a Grants-in-Aid program will be considered in next year's budget. Until that time, however, he did not see Council setting a precedent by approving the request for a City of Dover donation.
Mr. Daisey expressed concern with spending public money in this manner, feeling that many other worthwhile organizations would also qualify for such a donation. He supported the concept of members of Council donating their own private funds.
Mr. Salters reminded members of Council that a tremendous amount of time has been spent in discussing this matter. Citizen support for Council's action has been relayed to him and he called for the question on the motion.
Mr. Lynn objected to the call for the question on the motion, reiterating his feeling that there are other school activities that are just as equal in terms of being deserving of donations. Until the City sets up a Grants-in-Aid program. Mr. Lynn objected to utilizing taxpaying funds for this type of donation.
On a vote for the motion, the motion was approved by a roll call vote of seven (7) yes, two (2) no (Mr. Christiansen and Mr. Levitt).
Clarifying the motion, Mr. VanSant asked if those voting negatively to the motion would still have their meeting compensation withheld. Mayor Richter stated his understanding of the motion that compensation of all Council members and the Mayor will be withheld for a donation of $750 to be made to the Caesar Rodney Band.
Proposed Resolution - Library Commission
The committee and the Library Commission recommended approval of a Resolution to officially establish a Library Commission. By motion of Mr. VanSant, seconded by Mr. Christiansen, Council adopted the following Resolution by a unanimous roll call vote, with Mrs. Legates abstaining.
WHEREAS, the City of Dover is fortunate to have excellent library services in its community and encourages its citizens to enrich their lives through use of an expansive array of entertaining and educational materials; and
WHEREAS, to assist the City of Dover in the administration and supervision of its public library facility, Mayor and Council wish to formalize the existence and guidelines of the Dover Public Library Advisory Commission.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER HEREBY FORMALLY ESTABLISH THE DOVER PUBLIC LIBRARY ADVISORY COMMISSION. THIS COMMISSION SHALL:
1. Consist of five (5) members, serving staggered five (5) year terms, to be appointed by the Mayor and confirmed by members of City Council. The Mayor shall appoint one (1) member of Council to serve as a liaison non-voting member of the Commission, with said appointment to be confirmed by City Council. The current members shall fulfill their terms of office as follows:
Dr. Edward Goate' - 6/16/90
Lenora Kingery - 6/16/91
John B. Hindman - 6/16/92
Carol Griffith - 6/16/93
Dee Dee Armistead - 6/16/94
Goldie Legates - 5/90 (City Council Liaison Member)
2. Invite the Library Director, Director of Community Services, City Manager, and President of The Friends of Dover Library to attend all meetings.
3. Reorganize each year at their July meeting to elect a President and Vice-President, with the Library Director to serve as Secretary.
4. Meet monthly to receive written and oral reports from the Library Director on the activities of the library, consider major policies proposed by City staff, and provide City Government with advice on such policies prior to their implementation.
5. Recommend to Council all Library grant requests and a Long Range Library Plan, provide advice on library related matters to the Mayor and Council, and act as advocates of the Library to the community at large.
ADOPTED: November 13, 1989
Proposed Lease - Schutte Farm
Staff negotiated a lease for a portion of the Schutte Farm so that the land, which will be developed in the coming year, can be farmed. This will make productive use of the land while development plans are in progress as well as prevent erosion of the soil.
The committee recommended approval of a lease to John F. Hartnett for 86 acres of the Schutte Farm, with the money derived from the rental to go into the Parks and Recreation fund. (A copy of the lease is on file in the Office of the City Clerk.)
Mr. VanSant moved for approval of the Schutte Farm lease as on file in the City Clerk's Office, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Status Report on Parkland Funds
Some years ago, the City established a Park Land Fund to account for the funds received in lieu of parkland. Since January 1988, the proceeds from the sale of City land/alleys have also been credited to this account as per Council directive. As of September 30, 1989, the Park Land Fund balance is $157,821.
The committee recommended acceptance of the status report on Parkland Funds. By motion of Mr. VanSant, seconded by Mr. Christiansen, Council unanimously accepted the report as submitted.
Parkland Assessment - Planner
The City Planner researched the past five years of subdivision approvals and presented the committee with Information regarding Councilman Weyandt's concerns of the City not requiring the dedication or reservation of land for parks or open spaces, or in lieu of a dedication of land, a cash donation equivalent to the appraised value of ten percent of the gross land area.
A list of those developments from which the City received no money or parkland was prepared by the City Assessor, as follows:
Woodmill Single Family Section Heatherfield
Fox Meadows (end of Troon Road) Retreat 1, II, III
Fox Hall West Greens II, III
Silver Lake Townhouses Villas of Spruance
Bicentennial II Independence Village
Mayfair II Oakridge Townhouses
Mr. Cregar explained that Article VI, Section F, of the City's Subdivision Ordinance, charges the Planning Commission with the responsibility of parks and open spaces. The Commission determines whether or not a cash donation is to be made by the subdivider in lieu of a dedication of land. If a determination has been made that a park is feasible and practical, prior to acceptance by the Planning Commission of the preliminary plot, the park area must be submitted to the Parks and Recreation Committee for Council approval.
Members of the committee voiced concern with the words "may" and "shall" in the ordinance. Mr. Weyandt felt that the Planning Commission makes recommendations only and that all matters must be brought before City Council for final decision.
The committee deferred further action on the matter, directing that the City Solicitor review the ordinance to determine if the City could now require the developers to make a cash donation or dedication of land.
Uncollectibles Report - Ambulance
The committee recommended endorsement of the write-off of uncollectible ambulance bills totaling $2.653.60. Mr. VanSant moved for approval of write-off of uncollectible ambulance bills, totaling $2,653.60. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Uncollectibles Report - Electric
The committee recommended endorsement of the write-off of uncollectible electric bills totaling $5.895.86. Mr. VanSant moved for approval of the write-off of uncollectible electric bills, totaling $5,895.86. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Status Report on Parking Fine Collections (Information Only)
The Police Department submitted a status report on parking fine collections, as follows:
July August September
Issued 613 625 785
Paid 338 508 700
The new computer mailer program is maintaining an approximate return of 50%.
1990 Proposed Holiday Schedule
The committee recommended approval of the following holiday schedules for 1990:
City of Dover - 1990 Holiday Schedule
New Year's Day January I (Monday)
Martin Luther King, Jr.'s Birthday January 15 (Monday)
President's Day February 19 (Monday)
Good Friday April 13 (Friday)
Memorial Day May 28 (Monday)
Independence Day July 4 (Wednesday)
Labor Day September 3 (Monday)
Columbus Day October 8 (Monday)
Veterans' Day November 12 (Monday)
Thanksgiving November 22 (Thursday)
Christmas December 25 (Tuesday)
City of Dover - Negotiating Unit - 1990 Holiday Schedule
New Year's Day January 1 (Monday)
Lincoln's Birthday February 5 (Monday)
Washington's Birthday February 19 (Monday)
Good Friday April 13 (Friday)
Memorial Day May 28 (Monday)
Independence Day July 4 (Wednesday)
Labor Day September 3 (Monday)
Columbus Day October 8 (Monday)
Veterans' Day November 12 (Monday)
Thanksgiving November 22 (Thursday)
Christmas December 25 (Tuesday)
Mr. VanSant moved for approval of the above listed holiday schedules, seconded by Mr. Christiansen and unanimously carried.
Update on Insurance Policies Review
The committee was advised that the City Manager's Office is in the process of reviewing the City's insurance policies. The committee will be kept abreast of this issue.
Increase in Mileage Allowance
The Finance Director informed the committee that the federal allowance for milage has been increased to 25.5 cents per mile; the City currently allows 18 cents per mile and Mr. Karia requested an increase to 21 cents per mile.
The committee recommended that the City increase its milage allowance to 21 cents per mile.
In discussing the City's travel allowance of $30 per day for meals, the committee recommended that travel allowance be increased to $35 per day for meals.
Relating to the travel allowance, Mr. Christiansen asked if it is possible for employees to average their total meal expenses in cases where one day's meals may have been very low and the next day very high. Other members of Council stated that this would not be permitted by the federal government.
Mr. Lynn moved for approval of the committee's recommendation to increase the mileage allowance to 21 cents per mile and the travel allowance for food to $35 per day. The motion was seconded by Mr. VanSant and unanimously carried.
Agreement - Transfer of Funds - State of Delaware. Department of Transportation
The committee reviewed an agreement from the State Department of Transportation, where it is stipulated that S.B. No. 292 of the 135th General Assembly provides funds to the City totaling $284,500 for specific projects. One project involves $150,000 for Bicentennial Projects for The Green. Mr. Weyandt suggested that the $150,000 be placed in an escrow account and invested until the funds are needed. He projected approximately $50,000 in earned interest during this time.
The committee recommended that the $150,000 from the State Department of Transportation be placed in an escrow account, to be invested at the best interest rate, and held until the Capital Improvement Plan is put into effect for the outer ring of The Green.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Consideration of City Manager Position
During the Legislative and Finance Committee meeting, Mr. Lynn moved to recommend that the committee review the applications received for the City Manager position, schedule interviews, and proceed with the process of hiring a City Manager. The motion failed for lack of a second. Council took no further action.