REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on August 10, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members Present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Weyandt and VanSant. Councilman Levitt was absent.
Staff members present were First Assistant Chief Charles Boyer, Inspections Director/Planner Roe, City Manager Bartolotta, City Assessor Lucas, Chief of Police Klenoski, City Solicitor Rodriguez, and City Clerk Bittner.
In the absence of the Reverend J. H. Williams, the invocation was given by Councilman Frederick N. VanSant.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested an addition to the agenda, under correspondence, to consider a letter from Storer Cable Communications.
Mr. VanSant moved for approval of the agenda as amended, seconded by Mr. Christiansen and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 27, 1987
Mr. Weyant moved to amend the minutes of the Regular Council Meeting of July 27, 1987, as proposed by the City Clerk, to change the second paragraph of page 16, which reads “. . . Contract C be eliminated . . ." to read " . . . Contract A be eliminated . . .”. The motion was seconded by Mr. Christiansen and by a unanimous vote, the Minutes of the Regular Council Meeting of July 27, 1987 were approved as amen ed, and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES - OPEN TOWN MEETING OF AUGUST 3, 1987
As proposed by the City Clerk, Mr. Weyandt moved, seconded by Mrs. Legates, to amend the minutes of the Open Town Meeting of August 3, 1987 to change the designation of "Hammond Drive" to "Haman Drive". The minutes of the open Town Meeting of August 3, 1987 were approved as amended by a unanimous vote and bore the written approval of Vice-Mayor John E. Richter.
APPOINTMENT - DOVER HOUSING AUTHORITY
Mayor Carroll submitted the name of Beverly C. Williams to serve a six (6) year term on the Dover Housing Authority. Mrs. Williams is presently serving on the Authority.
Mr. Christiansen moved for approval of the re-appointment of Beverly C. Williams to serve on the Dover Housing Authority for a six year term, seconded by Mrs. Legates and unanimously carried.
Mr. VanSant suggested the possibility of the Mayor notifying the chairmen of the City’s committees in advance relative to his intentions concerning appointments.
Mayor Carroll informed members of Council that when making an appointment to committees within the Council, he discusses the appointment with the chairmen and committee members. Appointments for committees or commissions which are completely independent of the City are appointed by the Mayor with input from the involved committees or commissions.
AWARD OF BID - GENERATOR REWIND
Action on the awarding of a bid for the generator rotor rewind was deferred to allow the City Manager an opportunity to further investigate the negotiation of warranty terms.
Mr. Bartolotta stated that all bidders for the project refused to extend warranties to ten (10) years and all were willing to extend the normal one (1) year warranty to two (2) years.
The low bidder was East Coast Management, with National Electric Coil serving as their subcontractor. National Electric Coil has agreed to extend their warranty to seven (7) years. The first two (2) years, the City will pay nothing, the third year the City would pay 50%, the fourth year the City would pay 55%, the fifth year - 60%, the sixth year - 65%, and the seventh year the City would pay 70%. After the second year, the City of Dover will pay opening and closing costs and the escalation costs based on CPI.
Mr. Richter moved that the contract for the generator rotor rewind be awarded to East Coast Management in the amount of $437,000. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent).
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 28, 1987 with Chairman Legates presiding.
Presentation by Dennis Ho - Department of Transportation - Silver Lake Barrier
The committee considered a presentation by Mr. Dennis Ho, of the Department of Transportation, concerning the proposal of installation of a barrier at Silver Lake on State Street. Mr. Ho informed the committee that safety analysis indicates that installation of a barrier will prevent vehicles that run off the roadway from plunging into the lake. State Street is a state maintained road and the State has jurisdiction to erect the barrier. However, the City of Dover's input was requested on the type of barrier to be installed.
Various types of barriers were considered by committee members with much concern expressed for all barrier types. The committee generally felt that the proposed barrier would detract from the beauty of the area. Members also questioned the need for any type of barrier since the State recently lowered the speed limit on this stretch of roadway from 45 mph to 40 mph. It was also noted that a new traffic light is to be installed on State Street at Hiawatha Lane, which will assist in lowering vehicular speed limits.
Chief Klenoski reported that there have been four accidents and one drowning in the past 24 years in this particular area.
It was the recommendation of the committee that staff look at barriers presently installed throughout the State, presenting a recommendation on their findings to Council.
Questioned by Mr. Richter, Mr. Bartolotta stated that the property is on State of Delaware right-of-way and he was informed that the State has jurisdiction on installation of the barrier.
Members of Council voiced strong objections to installation of steel or concrete barriers along the lake on State Street, feeling that the safety hazard has been reduced by lowering of the speed limit and will be further reduced with the installation of a traffic light at Hiawatha Lane.
Mr. VanSant stated that if it is deemed by the State that a barrier is a necessity at this location, then consideration should be given to the use of a natural barrier such as shrubbery or appropriate plantings that are suitable for use in lieu of the steel or concrete barrier. Natural barriers are presently being utilized on highway medians.
Mr. Bartolotta reported a meeting with Highway Department officials who offered another alternative to the self-rusting steel barrier. The proposed barrier is a fusion bonded epoxy coated barrier. It is available in assorted colors and would eliminate the concerns expressed with the staining problem incurred with use of the self-rusting barrier. Mr. Bartolotta stated that State funding for the project has been approved through a bond bill. Also, the State feels an obligation to install the barrier since the area has been identified as a safety hazard.
Mr. Weyandt moved that the City of Dover go on record as opposing the plans of the Highway Department for installation of any type of steel or concrete barrier on Silver Lake at State Street. He further moved that if the State Highway Department goes forward with their plans to install a barrier at this location, that a natural barrier be utilized to coincide with the present aesthetics of the area and that the City Clerk notify the State of the feelings of City Council. The motion was seconded by Mrs. Legates and unanimously carried.
Removal of Snow and Ice from Sidewalks
The Safety Advisory Committee reviewed the present ordinance on removal of snow and ice from sidewalks. It was their recommendation that Section 19-5 be amended to increase the allowable time before the sidewalk must be cleared from the present time of six (6) hours to a proposed time limit of twelve (12) hours, with Section 1-10 to be used for the levying of a minimum $10 fine for failure to comply with the ordinance. It was further recommended that enforcement be made on a priority basis with Priority #1 being the area between New Street and Park Drive, and between Water Street and Division Street, and Priority #2 encompassing all other areas, on an as needed basis.
Mr. Richter stressed the importance of enforcement of the ordinance.
By motion of Mr. Lynn, seconded by Mr. VanSant, Council adopted the following ordinance by a unanimous roll call vote (Mr. Levitt absent).
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER. IN COUNCIL MET:
1. The Dover Code is hereby amended by striking in its entirety Sec. 19-5 and by Inserting in its place a new Sec. 19-5 to read as follows:
Section 19-5. Removal of snow or Ice from sidewalks by owner or occupant of abutting property.
(a) It shall be unlawful for the owner or occupant of any premises abutting upon a sidewalk to permit or allow snow or ice to remain thereon for longer than twelve (12) hours of daylight after it has ceased snowing.
ADOPTED: August 10, 1987
As a motion of policy, Mrs. Legates moved that Section 1-10 of the City Code be used for the levying of a minimum $l0 fine for failure to comply with the ordinance and that enforcement be made on a priority basis with Priority #1 being the area between New Street and Park Drive, and between Water Street and Division Street, and Priority #2 encompassing all other areas, on an as needed basis. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. VanSant and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 28, 1987 with Chairman Legates presiding.
Report from Commission
The Silver Lake Commission submitted a progress report on the Comprehensive Plan for restoration of Silver Lake. The Commission requested that Council give more attention to the following:
1. The City should make every effort to identify sources of pollution and prosecute violators who refuse to cooperate.
2. The City should take immediate action to make whatever repairs are necessary to Silver Lake dam. Additionally, steps should be taken to lower the water level of the lake in November and December of 1987. This will allow property owners around-the lake to make repairs and clean up their lake frontage. It does not appear that any progress has been made in these areas.
Concerning Silver Lake pollutants, the committee recommended that all information be forwarded to Mr. Jack Roe and that the assistance of the DNREC will be requested by Mr. Roe if he feels the necessity to do so.
The Commission also requested that Council acknowledge the support and assistance of Representative Edward J. Bennett in obtaining a $25,000 grant from the Delaware General Assembly for use in the Improvement of Silver Lake, which will be available in the 1988 fiscal year.
Mrs. Legates moved that a letter be forwarded to Representative Bennett as requested by the Silver Lake Commission, seconded by Mr. Lynn and unanimously carried.
Power Boats on Si1ver Lake
The committee considered the banning of power boats from Silver Lake stemming from a citizen request. The Police Department submitted the following information regarding boat registrations for Silver Lake:
City Residents Non-City Residents Total
Power 64 123 187
Non-Power 18 8 26
Jet Skis 2 12 14
Total 84 143 227
The City Manager recommended that Power boats and Jet skis be allowed to operate north of the State Street bridge and non-power vessels be permitted to operate south of the bridge. The separation of power and non-power boats could also be an imaginary line running from just north of Silver Lake beach to Lake Club Apartments. Power boats and jet skis would have to operate at a no-wake speed from the City boat ramp or private docks until they pass under the State Street bridge. The change could become effective the summer of 1988.
After discussing the proposal at length, the committee recommended that the matter of banning power boats on Silver Lake be referred to the Silver Lake Commission for review and recommendation.
Jet Skis on Silver Lake
Stemming from a petition from area citizens, the committee considered the banning of jet skis from Silver Lake. Objections of residents were based on the excessive noise generated by jet skis and the unsafe manner in which the jet skis are operated.
The present policy does not permit in-board motors to be used on the lake, although staff questions the policy since in-board motors are no longer considered to be more powerful than out-board motors. The Police Department has been licensing jet skis in the same manner as power boats and they are subject to the same regulations as all other vessels using the lake.
The committee recommended that the question of banning jet skis from Silver Lake be referred to the Silver Lake Commission for their review and recommendation.
Mr. Richter stated that after observing their use on the lake, he feels that they are not only noisy, but also are being used in an unsafe manner.
Mr. VanSant objected to jet skis being licensed for Silver Lake since they are considered to have in-board motors and the policy prohibits in-boards to be used in the lake.
Chief Klenoski stated that there is some question as to the motor categorization of jet skis but the department has issued licenses because the City has permitted jet ski demonstrations on the lake for the past two years.
Mr. VanSant moved that the no new licenses for jet skis in Silver Lake be issued for this year and no new licenses or renewals will be issued thereafter, subject to future review by Council. The motion was seconded by Mrs. Legates and carried by unanimous roll call vote (Mr. Levitt absent).
Questioned by Mr. Daisey, Mrs. Legates stated that the Silver Lake Commission will still review the use of jet skis on the lake and report their recommendations to Council for future evaluation.
Skateboarding
Stemming from requests from many area parents and children, the Parks and Recreation Committee searched for a solution to adequate and safe skateboarding in the City of Dover.
In the past, staff has recommended that the City not construct a public skateboard facility. However, the current request appears to be for flat, smooth, multi-purpose concrete pads, located in various neighborhood parks throughout the City.
The Parks and Recreation Committee recommended that staff alternatives be approved, as follows:
Rope off a portion of the parking lot in Dover Park and one-half of the basketball court In Mayfair Park as an experiment, to see the utilization these two areas receive.
That interested parents, with assistance from City staff, approach the Capital School District and area churches to work out an agreement for utilization of existing parking lot areas.
Mrs. Legates moved for approval of the committee recommendation, seconded by Mr. Richter and carried by a roll call vote of six (6) yes, one (1) absent (Mr. Levitt) and one (1) abstaining (Mr. Lynn).
Request to Purchase City Property - Aaron O. Knopf
A request from Aaron O. Knopf to purchase property was considered by the committee. Mr. Knopf would like to purchase the triangular parcel of land located directly adjacent to his property on Kings Highway. Mr. Knopf expressed his interest in purchasing the land, or a portion of the parcel, for the purpose of supplying adequate parking for his home, which includes rented apartments. If the City does not sell the needed parcel, Mr. Knopf will be forced to utilize his present property for parking spaces which would be visible and would desecrate the beauty of the surrounding area.
The committee recommended that action be tabled for further review by staff.
Mrs. Legates informed Council that this matter would be further considered by the Committee of Committees during its review of all City owned properties.
Proposal to Develop Park - Walter L. Fox Post #2
Responding to a proposal of the Walter L. Fox Post #2 to fund the development of a proposed park at Independence Boulevard, the committee recommended that the offer be accepted, as follows:
To accept the offer of the Walter L. Fox Post #2 American Legion to fund the development of Continental Park; to allow the project to be funded over a period of two to three years; to leave the park named "Continental Park", but erect a plaque or sign stating the name of the donor as "The Walter L. Fox Post #2 American Legion"; and to accept support from the American Legion Post on maintenance of the park after completion of the project. It was stipulated, however, that final approval is contingent upon an agreement by both parties on the type and size of the proposed plaque or sign.
Mrs. Legates moved for approval of the recommendation of the committee, stipulating that final approval is contingent upon an agreement being reached on the size of the plaque or sign. The motion was seconded by Mr. Lynn and unanimously carried.
Comments on Williams Park
Mr. Larry Sussman and other residents living in close proximity to Williams Park addressed the committee relative to concerns in connection with the newly constructed baseball diamond in Williams Park, speeding, parking, landscaping, trash, etc. The committee devoted a large portion of their meeting to hear complaints of the residents, which are fully outlined in the committee meeting minutes of July 28, 1987.
Committee members recognized that members of City staff are attempting to work with Mr. Sussman and his neighbors in an effort to solve their problems and It was the committee's recommendation that staff continue to move in the same direction.
Mr. VanSant moved for approval of the Parks and Recreation Committee Report as submitted, seconded by Mr. Daisey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 3, 1987 with Chairman Weyandt
presiding.
Proposed Amendment to Section 1-10 of City Code - General Penalty for Violation of Code
The committee considered a proposal by Chief Klenoski that would amend Sec. 1-10 of the City of Dover Code which would set a minimum fine for those violations that do not specifically set a penalty. The amendment is purely for the purpose of setting a minimum fine in the amount of $10 for ordinances that do not specifically state otherwise. The committee recommended approval of the amendment.
Mr. Weyandt moved for approval of the amendment to Section 1-10 of the City Code. The motion was seconded by Mr. Christiansen and by a unanimous roll call vote (Mr. Levitt absent), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. Section 1-10 of the Dover Code is hereby amended to read as follows:
Section 1-10. General Penalty for violation of Code; separate offenses.
"Whenever in this Code, or in any ordinance of the City, any act or omission is prohibited or is made or declared to be unlawful or a violation, or whenever in said Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a violation, and no specific penalty is provided therefore, the violation of any such provision of this Code or any ordinance shall be punishable by a fine not less than $10 nor more than $100. Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance shall continue, shall constitute a separate offense,"
ADOPTED: August 10, 1987
Presbyterian Homes, Inc. - Request for Tax Exemption
Concerning a request by Presbyterian Homes, Inc. for tax exemption, Mr. Weyandt moved that action be tabled until August 24, 1987 at 7:30 p.m. The motion was seconded by Mr. Christiansen and unanimously carried.
Proposed Ordinance - Reimbursement of Expenses - Section 2-70
The Legislative and Finance Committee tabled action on Sec. 2-70, relative to the proposed ordinance for reimbursement of expenses for future discussion.
Vacant City Properties
Committee members reviewed the first list of vacant City properties. The committee generally agreed with the recommendations of staff, after reviewing the status of each parcel. Chairman Weyandt requested that the Assessor prepare the final list of vacant City properties for submission at the next committee meeting. He requested that members of the committee review the next list for a final recommendation to the Committee of Committees.
Planner’s Proposal for Downtown Study
As directed by Council, the City Planner submitted copies of a Request for Proposals and Scope Work for the Dover Central Area Plan for review by the Legislative and Finance Committee.
It was the recommendation of the committee that the proposal, as prepared by the City Planner, be approved.
Mr. Weyandt moved for approval of the Request for Proposals and Scope of Work for the Dover Central Area Plan, as prepared by the City Planner. The motion was seconded by Mr. Christiansen and unanimously carried.
Ordinance Revision - Civilian Pension Plan
The Civilian Pension Committee reviewed the Plan for disability pensioners. A question was raised as to whether a spouse would be eligible to receive survivor benefits if an employee, whose disability pension had been approved, passed away before he or she had exhausted their vacation and sick leave. The present pension ordinance now states that disability benefits do not commence until the expiration of accumulated vacation and sick time.
Mr. VanSant, chairman of the Civilian Pension Board, explained that the employee would be on the active payroll but their salary would be frozen at its current rate, and the time worked would count towards their retirement. The employee would not be using sick or vacation time during this period, but he would not be able to accumulate sick or vacation benefits.
It was the recommendation of the committee that the ordinance revision to Section 2-189 be approved, as proposed by the City Solicitor and the Civilian Pension Board.
Mr. Weyandt moved for approval of the recommendation of the committee to revise Section 2-189 of the City Code. The motion was seconded by Mr. VanSant and by unanimous roll call vote (Mr. Levitt absent), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 2-189 of the Dover code is hereby amended to read as follows:
Sec. 2-189.Commencement of disability benefits.
(a) A participant who files for a disability pension, shall not work and be kept on the active payroll and receive credited service from the inception of the disability to the end of the first full calendar month following the date of application.
(b) During the application period above, the participant's compensation shall not be increased, and no vacation time or sick leave shall be debited or credited to the participant.
(c) The eligibility for payment of disability benefits under this article shall commence, if approved, on the first day of the month following the application period in (a) above. The participant shall receive a lump sum payment for accumulative vacation time and sick leave as provided for in the City of Dover Personnel Policy.
(d) Should the participant not have the application approved, the time away from work during the application period shall be charged against any accumulated sick leave or vacation time.
ADOPTED: August 10, 1987
Mr. VanSant moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.
CORRESPONDENCE
Request to Construct Pier - James Persinger - 24 Hiawatha Lane
A letter was received from Mr. James Persinger requesting permission to construct a dock in Silver Lake at 24 Hiawatha Lane.
Mr. Weyandt moved for referral to the Parks and Recreation Committee, the Planning Commission, and the Silver Lake Commission, seconded by Mr. Christiansen.
Mr. VanSant reiterated previous concerns regarding construction of docks in the lake, feeling that a moratorium should be placed on any construction activity in the lake until all necessary studies on the lake are complete.
On a call for the question by Mr. Christiansen, the motion for referral was approved, with Mr. VanSant voting no.
Notice of Workshop on Policies and Requirements of the Delaware CDBG Program
Douglas S. Croft, State of Delaware Community Development Section, sent a notice of a workshop on the policies and administrative requirements of the Delaware Community Development Block Grant Program for the purpose of obtaining local community input on the present FY87 CDBG policies, and to help in drafting any changes to the policies required for the FY88 CDBG program. The workshop will be held on August 12, 1987 at 9:30 a.m. in the Conference Room of the Delaware State Housing Authority at 18 The Green.
Mayor Carroll stated that any members of Council wishing to attend the workshop should notify the City Clerk or City Manager's Office.
Mr. VanSant moved to acknowledge receipt of the notice, seconded by Mrs. Legates and unanimously carried.
Parking on Dover Street - Marie Abbott
In a letter to Mayor and Council, Marie Abbott of 904 S. Bradford Street objected to the present parking situation on Dover Street which runs along the side of her home. Mrs. Abbott feels that parking on both sides of the road restricts traffic from moving freely and makes it difficult for residents to see around the parked vehicles when attempting to pull in or out of their driveways.
Mr. Weyandt moved that the matter be referred to the Safety Advisory Committee, seconded by Mr. VanSant and unanimously carried.
Request to Display Banner on Loockerman Street Model School Commemoration Committee of the Capital School District
Mrs. Dee Dee Armistead, Model School Commemoration Committee, requested permission to place a banner over Loockerman Street from October 19th to November 9th in celebration of the honor bestowed upon Dover High School when they were designated a Model School as part of the Secondary School Recognition Program by the United States Department of Education.
Mr. VanSant moved for approval of the request to display the banner on Loockerman Street from October 19th through November 9th, seconded by Mr. Christiansen and carried with Mr. Lynn not voting.
Delaware Heritage Commission and Chamber of Commerce - Request to Hang Bicentennial Flags and Small Banners throughout the City
A letter was received from Allen S. Hedgecock, Executive Vice President of the Central Delaware Chamber of Commerce, on behalf of the Chamber and the Delaware Heritage Commission, requesting permission to hang bicentennial flags and small banners throughout the City in commemoration of the bicentennial celebration. The banners and flags would be on display through the month of December.
If approved, the Heritage Commission will need to have an estimate of the number of light posts on major thoroughfares and the number of flagpoles at governmental and private locations. Expenses for materials will be borne by the Heritage Commission, but City personnel is requested to assist in distribution of the banners and flags throughout the City.
Mr. VanSant moved for referral of the request to the City Manager, seconded by Mr. Christiansen and unanimously carried.
Storer Cable Communications - Notice of Programming Changes
In a letter addressed to Mayor Carroll, Mr. Buck Dopp, Operations Manager of Storer Cable Communications, gave notice that under the new FCC must carry rules, they are obligated to carry WTGI (channel 61). This will require Storer to delete WBAL (channel 11), effective October 1st. The channel is being dropped because it duplicates the network feeds on other broadcast stations. Also, this channel was voted as the least watched station by Storer viewers in their April survey. WTGI is a home shopping network, although Storer will receive no commissions from revenues received from customers.
Members of Council expressed their disappointment with another home shopping network being added to Storer's programming.
Mr. Christiansen moved to regretfully acknowledge receipt of the notice, seconded by Mr. VanSant and unanimously carried.
REQUEST FOR VACATION - INSPECTIONS DIRECTOR/PLANNER
Mr. Weyandt moved for approval of a request for three (3) weeks of vacation from Inspections Director/Planner Jack T. Roe, seconded by Mr. Daisey and carried with Mr. VanSant voting no.
Mr. Weyandt moved for adjournment, seconded by Mr. Christiansen and unanimously carried.
Meeting Adjourned at 8:25 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 10, 1987, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
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