REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 25, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Mr. Karia, Ms. Bittner and Mr. Rodriguez.
The invocation was given by the Reverend J. H. Williams, Council Chaplain followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. VanSant requested that the following items be added to the agenda, under the Utility Committee Report:
(1) Blue Spruce Trees - Virginia Russell
(2) Alley between Loockerman Street and S. Little Creek Road
By motion of Mr. Weyandt, seconded by Mrs. Legates, the agenda was unaniously approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 11, 1988
The Minutes of the Regular Council Meeting of July 11, 1988 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. VanSant and bore the written approval of Mayor Richter.
MONTHLY REPORTS - JUNE
By motion of Mr. VanSant, seconded by Mr. Christiansen, Council unanimously adopted the following reports for the month of June:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Parking Fund, Cash Receipts & Budget Report
As requested by Mayor Richter, Mr. Karia highlighted the details contained in the fiscal year July 1, 1987 to June 30, 1988 financial reports. The 1987/88 fiscal year audit will be completed by October 31st.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 12, 1988 with Chairman VanSant presiding.
Briefing on Power Outage
The City Manager explained details on a power outage of July 10, 1988. Discussion took place concerning the City’s dispatch center, with the City Manager informing the committee that the center is manned 24 hours per day with only one dispatcher. When an emergency of this nature occurs, the dispatcher is faced with many responsibilities at one time. Until emergency personnel arrive, the dispatcher is the only employee present. Staff will be looking at alternative methods oif dealing with this type of situation.
Request to Remove Tree - Holly Hilderbrand - 218 N. New Street
The committee considered a request from Mrs. Holly Hilderbrand to remove a Norway maple tree at 218 N. New Street. Core samples from the tree were analyzed by William Cooper and John M. Schwalm, Kent County Forester with the State of Delaware. The sample revealed that the majority of the center of the trunk was wet and in a sate of decay.
It was the recommendation of the committee, seconded by Mr. Lynn and unanimously carried.
Blue Spruce Trees - Mrs. Virginia Russell
Mrs. Virginia Russell of 645 N. Governors Avenue was informed by City staff that limbs from the blue spruce trees, on her property at the intersection of Bradford Street and Governors Avenue, are impeding pedestrian access to the sidewalk. Mrs. Russell submitted opinions from Ewing Farms, Inc. and James Sanders that the trees are too large to be transplanted and that drastic trimming would seriously ruin the aesthetic value of the trees. She has trimmed the limbs back considerably and requested that the City work with her to preserve the trees.
Noting the aesthetic value of the trees and the fact that no citizen complaints have been received, the committee suggested a compromise to the problem. It was recommended by the committee that the property owner be required to trim the limbs back an additional foot. It was stipulated, however, that the decision would be reconsidered by the committee if citizen complaints of sidewalk obstruction are received.
Mr. VanSant moved that the homeowner be required to trim the tree limbs back an additional foot, for City staff review. This will be reconsidered by the committee should citizen complaints be received. The motion was seconded by Mrs. Legates and unanimously carried.
Petition to Abandon Alley Between E. Loockerman Street and N. Little Creek Road
The committee considered a petition from homeowners requesting abandonment of the alley running between E. Loockerman Street and N. Little Creek Road. The petition cited complaints of excessive traffic and speed on the alley, loitering, and litter.
The committee noted that several years ago the City and residents of Edgehill agreed that, in conjunction with development of the John Hunn Brown property, the alley would be made one-way and that Loockerman Street would not be a thru street. The concept could not be carried out since Council did not approve the necessary rezoning for development of the Hunn property.
Staff did not recommend abandonment of the alley since the alley is currently used for trash pickup. The Police and Fire Departments also use the alley for emergency purposes. After considerable police surveillance, it was recommended by the Police Chief that the alley be made one-way south.
Residents were present at the committee meeting and reported surveillance of the traffic pattern of the alley. They voiced their support for making the alley one-way south since most of the present traffic flow is northbound.
It was recommended by the committee that the alley be made one-way south.
Mr. Christiansen reminded members of Council that this matter was also referred to the Safety Advisory Committee, which is scheduled to meet on July 26th. He suggested that the original plan be followed, which was to utilize concrete barriers to make traffic feed onto E. Loockerman Street.
Mr. VanSant suggested that the Safety Advisory Committee consider Mr. Christiansen’s suggestion as a separate issue. He moved to accept the committee’s recommendation to make the alley one=way south, effective upon erection of appropriate signs. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
Petition for Annexation - Properties Along Whiteoak Road
A petition for annexation from property owners along Whiteoak Road was considered by the committee. The request for annexation is based on the desire to obtain City sewer and water service. The properties are just beyond the intersection of Whiteoak and long Point Roads. Only one of the properties is contiguous to the present City limits and the requesting property owners are not contiguous to one another. The City’s present water and sewer mains terminate at the intersection of Whiteoak Road and Long Point Road. Based on the located of the properties and the fact that water and sewer services are not immediately available, staff recommended denial of the annexation request.
The committee discussed the possibility of annexation of other property owners in the same area, which could square off the City limits on the east. It was suggested that the property owners requesting annexation contact their neighbors to determine their interest in annexation into the City limits.
It was recommended by the committee that the request for annexation be denied at this time, stipulating that City staff work with residents of this area to review what options are open to them in the future.
Mr. VanSant moved that the request for annexation be denied at this time, seconded by Mr. Levitt and unanimously carried.
Mr. VanSant moved that City staff work with residents of this area to review what options are open to them in the future and to ascertain if a more unified group of property owners are interested in annexation. The motion was seconded by Mr. Weyandt and unanimously carried.
Annexation Request - Jane Massey Draper - Route #8
An annexation request was considered for 150 acres of land located on Route #8, owned by Jane Massey Draper. The property is contiguous to the Heatherfield development.
The property could be served by extension of the existing City utilities. A 12" water main and a 15" sanitary sewer main are located in Route #8 near the western property line of Heatherfeild and can be extended to this property. Upon development of the property, it would be necessary to install a pumping station in the development. All costs for extension would be borne by the owner/developer.
It was recommended by the committee that a referendum be set for consideration of annexation of the property.
City Planner roe reported that the Planning Commission recommended annexation of the property, under a zoning category of R-10.
If the property is annexed, Mr. Weyandt suggested that Council stipulate that the zoning could never be rezoned downward. He felt that the City should take this action to offer protection to citizens buying property based upon the present zoning of surrounding property.
Solicitor Rodriguez stated that the question of annexation ius a separate issue from zoning.
By motion of Mr. VanSant, seconded by Mr. Levitt, Council adopted the following Resolution, with Mr. Christiansen voting no:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and more particularly described within the limits of the City of Dover.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
All that certain piece of parcel of land situated in the East Dover Hundred, Kent County, State of Delaware, lying on the north side of Delaware Route 8, directly adjacent to and west of the current Corporate Limits of the City of Dover and as described in Kent County Deed Record L, Volume 17, Page 27 and Deed Record V, Volume 9, Page 5. Containing 155 acres +/-.
2. That an election be held on the 25th day of August, 1988 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That an election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: July 25, 1988
Storer Cable Communications - Transfer of Franchise
An update was given by Mr. Levitt on the transfer of franchise from Storer Cable Communications to a new owner. A letter has been forwarded to Storer officially requesting data from the new owner. In conjunction with the requirements of the Franchise Agreement, the committee recommended that a Council public hearing be set for August 9, 1988 at 7:30 p.m.
Responding to a question from Mrs. Legates, Solicitor Rodriguez stated that a Council public hearing could be held during the Utility Committee meeting.
Mr. VanSant moved that a Council public hearing be set for August 9, 1988 at 7:30 p.m. to hear public comments relative to the change of franchise from Storer Cable Communications. The motion was seconded by Mr. Levitt and unanimously carried.
Water Franchise Service Area
The DNREC has notified the City that granting of a franchise is an obligation to serve the properties within the franchise area. Upon receipt of this information, staff has revised their previous recommendation which included areas beyond the City limits. By elimination of the areas outside the City limits, the need for a permit is eliminated since a permit is not required for a municipality serving within its boundaries. Consideration was given, however, to the possibility of other franchisers interfering with the City’s annexation process by establishing franchise areas contiguous to the present City limits.
A meeting was held with representatives of Tidewater utilities regarding this matter. It was agreed that should the City annex any land between the current City limits and the Tidewater water service boundary, the City of Dover would have the exclusive right to provide water service to the annexed land.
Staff recommended that the City withdraw its application for a franchise area permit and sign an agreement with Tidewater Utilities defining boundaries for both parties and giving the City exclusive right to serve annexed land between the boundaries.
The City Manger explained that this action could very well define the future boundaries of the City of Dover since water service could not be provided by the City if the property is within the franchise area of Tidewater Utilities. A conflict could arise if the City attempts to annex lands that are within Tidewater’s franchised area. He felt, however, that to provide for proper planning, the City should begin to determine its goal relative to the ultimate boundaries of the City limits.
It was the recommendation of the committee that the City withdraw its application with DNREC for a franchise area permit and that the City enter into an agreement with Tidewater Utilities defining boundaries for both parties, giving the City of Dover the exclusive right to serve annexed lands between the boundaries.
Mr. VanSant moved to approve the committee’s recommendation to withdraw its application with DNREC for a franchise area permit. The motion was seconded by Mr. Daisey and unanimously carried.
Mr. VanSant further moved that the City enter into an agreement with Tidewater Utilities defining boundaries for both parties, giving the City of Dover the exclusive right to serve annexed lands between the boundaries (as depicted on map on file with Office of the City Clerk). The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
Update - Request for Water Service - State Fire Service Center
Based upon action taken on the Water Franchise Service Area, the committee took no further action on a request for water service from the State Fire Service Center, feeling that the matter is moot. A letter withdrawing the request is expected from the State Fire Service Center.
Lettering - Water Storage Tanks
Information requested from Better Image Vinyl Graphics, Inc. was never received. Therefore, staff recommended acceptance of a previous recommendation to proceed with a contract with Eastern Tank Coatings to paint the logo “DOVER” on the Bayard Avenue water storage tank.
The committee recommended authorization of expending $1,600 to Eastern Tank Coatings to paint the logo on the Bayard Avenue water storage tank; stipulating that the letters be placed in a position that will afford the most visibility to vehicular traffic.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Weyandt and carried with Mr. VanSant voting no. Mr. VanSant explained his negative vote, feeling that Dover is clearly identified by the State of Delaware signs depicting “Dover, Capital of the First State”.
Bids - Line Truck
Bids were received for a truck chassis, line body, and digger derrick as one complete unit. Four bids were received, with only Baker meeting all required bid specifications. The committee discussed the necessity of bids meeting the required specifications for award consideration.
The committee recommended awarding the bid to Baker in the amount of $98,881.50 for the purchase of a truck chassis, line body, and digger derrick.
Mr. VanSant moved for the committee’s recommendation to award the bid to Baker in the amount of $98,881.50. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Project Updates
Project Updates were given on the Pennsylvania Avenue Sewer Line, the Well Field Development, Unit #3, and the Power Supply Study. No official action was taken.
By motion of Mr. VanSant, seconded by Mr. Levitt, the Utility Committee Report was unanimously accepted.
PRESENTATION OF AWARD TO TREASURER/FINANCE DIRECTOR MIKE KARIA - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Mayor Richter presented Mike Karia a Certificate of Achievement for Excellence in Financial Reporting, which was presented to the City of Dover for its Comprehensive Annual Financial Report for fiscal year 1987. The award is presented by the Government Finance Officers Association.
Mr. Karia accepted the award on behalf of the employees of the Finance Department. Finance Department employees, Tracey McDowell-Emory, Donna Marvel, Linda Grimm, and Terry Rolison, were introduced and congratulated for their efforts on behalf of the City of Dover.
ANNOUNCEMENT - CIVIC CENTER COMMITTEE APPOINTMENT
The State Bond Bill was signed into law by Governor Castle on July 12, 1988. The bill authorizes $1,400,000 to be utilized towards a civic center, with authorized expenditures being specifically outlined in the bill. In accordance with Section 27 of HB #698, a Five Member Committee has been created, to be composed of three members appointed by the Governor (one being chairperson), one by the Mayor of the City of Dover and one by the President of the Levy Court.
Mayor Richter informed members of Council of the following appointments to the Civic Center Committee:
Governor’s Appointments
Weston (Pete) Nellius, Chairman
Steve Golding
John Flynn
Levy Court
Robert H. Reed
City of Dover
Crawford J. Carroll
CORRESPONDENCE
Letter of Appreciation on Improvements to Silver Lake - J. Richard Mills
Mr. J. Richard Mills expressed to Council his appreciation to City officials for taking the necessary steps to improve the quality of life for residents living along Silver Lake. He stated that elimination of jet skis and more stringent rules have resulted in a reduction in noise pollution and fewer power boats, making the lake more enjoyable for everyone.
Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mr. Lynn and unanimously carried.
Delaware State Water Ski Federation - Request to Use Silver Lake for First State Championship
A letter was received from the Delaware State Water Ski Federation requesting permission to utilize Silver Lake to hold the First State Championship tournament. The lake would be closed from mid-afternoon on September 16th until the end of the tournament which should be completed by 5:00 p.m. on September 17th. Permission is also requested to allow the use of 19' inboard ski tow boats which have 225 hp engines.
Mrs. Legates moved for referral o the Silver Lake Commission and the Parks anbd Recreation Committee, seconded by Mr. VanSant and unanimously carried.
Complaint of Trash Accumulation behind Super Fresh - Maryanne Kelleher
A complaint was received from Maryanne Kelleher of 479 Independence Boulevard of accumulated trash behind Super Fresh at Greentree Shopping Center which is unsightly and unhealthy. Although the shopping center is private property, she requested that Council take action to assure homeowners that developers will be required to maintain their property.
City Planner, Jock Roe, reported that the problem has been solved, Two bags of garbage had blown into the field across from Mrs. Kelleher. When the field was mowed, the trash flew in al directions. The owner has removed the debris from the field.
Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried .
Request for Donation Towards Travel Expenses for Cultural Delegation - Mrs. Sushmita Dutt
Mrs. Sushmita Dutt of 411 Persimmon Tree Apartments requested a $5,000 donation from the City to assist in travel expenses for a cultural delegation consisting of movie, television, and stage artists from Bombay, India who will provide entertainment in the City of Dover.
Mr. VanSant moved for referral to the Legislative and Finance Committee, seconded by Mr. Levitt anbd unanimously carried.
Canoe Jousting Challenge - Town of Snow Hill Maryland
Mayor Richter reminded members of Council of a canoe jousting challenge from the Town of Snow Hill, Maryland. The event is planned for August 14th. Mayor Richter and Mr. VanSant have volunteered to participate, but additional volunteers are needed. Mr. Christiansen and Mayor Richter stated that citizens have volunteered to participate.
Cynthia L. Hairgrove - Notification of Street Repairs
In a letter to Councilman Christiansen, Cynthia Hairgrove of 403B Cowgill Street voiced her objections to her vehicle being towed from Cowgill Street when the street was being resurfaced. She stated that the City gave less than 24 hours notice to residents of the No Parking restriction and objected to the placement of the signs. She was out of town at the time and th e vehicle had been removed upon her return to Dover.
In a memorandum to Council, the City Manager reported that the street was posted three days prior to commencement of the work. Ms. Hairgrove has filed an insurance claim for the amount of the towing and fine. The No Parking signs are posted by the contractor . Mr. Bartolotta suggested that the matter should be handled by the proper insurance carrier.
Responding to a question by Mr. Christiansen, Mr. Bartolotta stated that the policy is to post a notice of the scheduled street repairs three days (3) in advance of the work. The Towne Crier and local newspapers also carry information of this nature.
In view of the fact that an insurance claim has been made to the city’s insurance carrier, Mr. VanSant moved to acknowledge receipt of the ;matter. The motion was seconded by Mr. Christiansen and unanimously carried.
Some members of Council felt that staff should review the policy for possible improvement on notification to citizens of scheduled street repairs.
Mr. VanSant moved for adjournment of the Regular Council Meeting, seconded by Mrs. Legates and unanimously carried.
Meeting Adjourned at 8:25 p.m.
OPEN FORUM - 15 MINUTE SEGMENT
There was no citizen participation in the 15 Minute Segment Open Forum.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 27, 1988, are hereby approved.
JOHN E. RICHTER
MAYOR