REGULAR MEETING
February 14, 1983
The Regular Meeting of Council was held on February 14, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Bonar and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
PROCLAMATION - WKEN HEART FUND RADIOTHON
Mayor Carroll presented the following Proclamation, urging support of the WKEN Heart Fund Radiothon:
WHEREAS, WKEN and a host of volunteers will join forces for the WKEN Heart Fund Radiothon in its 16th year; and
WHEREAS, the marathon programming, which benefits the American Heart Association, will take place at Jonathon’s Restaurant in Dover starting at 12:00 noon Saturday, February 19th through 12:00 noon Sunday, February 20th; and
WHEREAS, the American Heart Association is the only voluntary health agency whose sole mission is to reduce early death and disability from heart disease and stroke; and
WHEREAS, last year’s Radiothon brought in nearly $12,000 for the Heart Fund.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, hereby urge all the citizens of Dover to support this year’s WKEN Heart Fund Radiothon by calling 674-1111, between 12:00 noon February 19th to 12:00 noon February 20th, with your pledge. Contributions of time and money will help in the fight against heart disease and stroke.
STATE OF DELAWARE HIGHWAY DEPARTMENT PRESENTATION - DOVER BY-PASS
Mr. Robert C. Parke, Chief of Planning for the Division of Highways with the State of Delaware, was present to explain to Council the status of a possible north-south road and its impact on Dover.
Mr. Parke described the history of current traffic problems incurred on Routes #13 and #113, including discussions of a West Dover By-Pass some 10 years ago, which never materialized. Many ideas have been discussed in the past concerning the traffic congestion through Dover but nothing concrete has taken place, with traffic problems only increasing over the years. He stated that if nothing is done by the year 2000, almost every north-south road in this state will have more traffic than it can handle.
Mr. Parke displayed charts of the State of Delaware depicting traffic routes and the traffic capacity of these roadways.
The Highway Department, through computer simulation, tried different corridors to find the best way to relieve the future overload of traffic as shown on the traffic charts. Mr. Parke showed a few possible alternatives, explaining in detail the alternative felt to be the best by the Highway Department.
The proposal is for four land divided highway, very similar to the Milford By-Pass, the Argos Corner By-Pass, or Route #301 in Maryland. The proposed highway would allow for future expansion, when need demands it.
The various alternative were 1) a West Dover By-Pass 2) the proposed Toll Road idea, and 3) three alternative routes that would go east of Dover, starting at the St. Jones River Bridge.
It was found that due to the downgrading of the type of highway, a West Dover By-Pass would not handle the traffic. It would require a freeway to handle all of the anticipated traffic. It appears, therefore, that this alternative would not work.
Going to the east, it is found that there are not as many sections downstate that are overloaded, but when you go to the Toll Road idea you overload the interstate in New Castle County.
Alternative #3 has three possible routes. The first possibility would start at the St. Jones River Bridge, quickly coming back to the alignment of the old Toll Road. The second and third possibilities would also start at the St. Jones River Bridge but would stay on the east side for greater distances, with possibility #2 ending just up to Smyrna and possibility #3 ending even further north to join with Route #7 which is currently under design. This would eventually join in to I-95.
If the new relief route is not carried all the way up north, sections of it will be overloaded.
Mr. Parke stated the only alternative that appears to be workable is the third alternative which would run east of Dover. It does not appear to create any new traffic problems and solves all of the problems downstate with only a few isolated exceptions.
If the Highway Department were to build a relief route, Mr. Parke stated that it should be one that has access control so that we do not experience the problems that occurred with the old West Dover By-Pass, and it should be one of which there is enough right-of-way purchased in the beginning so that when an interchange becomes necessary they could build on it without having to buy out all of the businesses. This proposal is an approach that would solve a lot of possible problems and one that would allow for the relief road to be built in stages.
It is anticipated that the project would take approximately 15 years to build at an estimate of at least $200,000,000.
The Highway Department realizes that there are many concerns that will have to be addressed on this proposal such as the large amount of farmland east of Route #13. The Department will work with the farming community to minimize the impact on them. In addition, there is a great deal of land that environmentalists are concerned about which the Department will have to deal with. Mr. Parke stated that there is no doubt that there will be more problems to arise as the project develops. Hopefully, early public awareness will lessen many possible problems which is why the Department wanted to meet with City Council even before a detailed plan is established.
All things considered, Mr. Parke stated that this alternative appears to be the best solution with the least amount of problems.
Responding to a question by Mr. Witt on the feasibility of actually completing such a project, Mr. Parke stated that the project seems much more feasible than other past ideas since it appears to be an affordable project. This is largely due to a recent federal tax change charging an additional 5¢ per gallon on gasoline which is to be utilized for road maintenance.
In response to a question by Mayor Carroll, Mr. Parke stated that the proposed by-pass is not intended to carry the Route #13 traffic. The traffic going towards Salisbury on Route #13 will stay on the existing alignment. The advantages to this concept is that such a large road wold not be needed since the existing Route #13 and the relief route would share the traffic. Also, the old road would not be abandoned as has been experienced in other areas where a by-pass has been built, resulting in loss of business to establishments in close proximity to the existing route. Mr. Parke stated that the daily users of Route #13, going from place to place within the City, would probably use the new relief road. Use of Route #13 would become easier because there would not be as much traffic but it would still receive a great deal of use.
In closing, Mr. Parke reiterated that this proposal is most definitely in the planning stage and offered to make copies of the State’s charts of this project available to Council.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 24, 1983
The Minutes of the Regular Council Meeting of January 24, 1983 were unanimously approved by motion of Mr. Witt, seconded by Mr. Bonar and bore the written approval of Mayor Carroll.
REPORT - COMMITTEE FOR STUDY OF ABORTION CLINIC
Chairman Hardcastle, Councilman Boaman and Richter and the City Solicitor met on January 31, 1982 as a committee to study the opening of an abortion clinic in the City of Dover.
After thoroughly discussing the facts presented by the City Solicitor, the committee unanimously agreed to recommend that the City of Dover Council not pass any ordinance attempting to regulate abortions, and that this matter be left completely up to the General Assembly. In addition, the committee recommended adoption of a resolution to this effect.
Mr. Hardcastle moved for approval of the recommendation of the Committee, seconded by Mr. Richter and unanimously carried.
Resolution - Primary Health Care
By motion of Mr. Boaman, seconded by Mr. Witt, Council unanimously adopted the following resolution by a roll call vote:
WHEREAS, the City of Dover recognizes the need for alternative health care services in Kent County; and
WHEREAS, the City of Dover recognizes that there are health care alternatives available to pregnant women which are part of primary and specialized health care services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council view pre-natal care as an integral part of the alternative health care programs.
2. That the Mayor and Council are dedicated to continued cooperation with Central Delaware’s health care providers to ensure available and accessible primary and specialized health care.
3. That the Mayor and Council urges support of The Levy Court of Kent County and 132nd General Assembly is assuring the financing, availability, and accessability of alternative health care services in greater Kent County.
4. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: FEBRUARY 14, 1983
REPORT ON JOINT MEETING OF LEGISLATIVE & FINANCE COMMITTEE AND UTILITY COMMITTEE
A joint meeting of the Utility Committee and the Legislative and Finance Committee was held on January 26, 1983 with Chairman Richter presiding.
Five Year Capital Improvement Plan
Mr. Richter explained that both committees reviewed the Five Year Capital Improvement Plan. This item will appear on the next Utility Committee agenda for further study. It was recommended at the joint meeting that this matter be placed on the February 28, 1983 Council agenda.
Mr. Witt moved for approval of the committee report, seconded by Mr. Carey and unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on February 7, 1983 at 7:30 p.m. with Chairman Hardcastle presiding.
Firemen’s Memorial Monument - “Memorial Park” - Request by the Delaware Volunteer Firemen’s Association
The committee considered a request from the Delaware Volunteer Firemen’s Association to name that portion of land lying between Park Drive and Mirror Pond (where the Firemen’s Memorial Monument is presently set) as “Memorial Park”.
It was noted by the committee that perhaps this area would become a site for future monuments of other organizations, thereby having similar monuments in one general area, designated as “Memorial Park”.
It was the recommendation of the committee that the portion of land west of Park Drive to Mirror Pond be designated as “Memorial Park”.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt. By unanimous roll call vote, the motion was carried.
Mr. Hardcastle moved for acceptance of the report of the Parks, Playgrounds and Trees Committee as submitted, seconded by Mr. Bonar and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on February 9, 1983 at 7:40 p.m. with Chairman Hardcastle presiding.
Parking - The Green
Attorney Ken Abraham of 30 The Green was present at the committee meeting explaining a petition which was submitted to Council concerning parking around The Green. The present parking regulations allow free parking on the inner circle of The Green with a two hour parking restriction on the outer circle. Mr. Abraham explained that it is the feeling of the 99 signers of the petition that the parking regulations on the outer circle of The Green should be rescinded, allowing free parking on both the inner and outer circles. Mr. Abraham cited the inconvenience of having to move vehicles every two hours to avoid a parking ticket. The petition contained names of persons that live and/or work on The Green.
Mr. Carey disagreed with the request, explaining that no matter what solution is decided on it will surely not be accepted by everyone. He stated that from previous committee meetings it appeared that the workers do not want any restrictions and residents of The Green do want some restrictions to assure them of having a place to park near their homes.
It was the recommendation of the committee that the request be denied.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey.
Mr. Boaman stated his opinion that if 99 persons want the parking restrictions removed then perhaps Council should give this some consideration. It appears that a large majority of those persons living and/or working on The Green are in favor of having no restrictions on parking in this area. Mr. Boaman stated that there is no monetary gain to the City by having two hour restricted parking on The Green, with the exception of the payment of parking tickets. Having to have the area monitored by the parking meter maid is an expense that could be avoided. It was Mr. Boaman’s feeling that a request of this nature, coming from such a large majority of concerned persons, should at least be given an opportunity.
Mr. Witt moved to amend the motion to require that the two hour parking restriction on the outer circle of The Green be eliminated and that the Safety Advisory Committee review the matter in six months to determine the effectiveness of the proposal. The motion was seconded by Mr. Boaman.
Mayor Carroll stated that an affirmative vote on the amendment would make the original motion moot.
By a roll call vote of six (6) yes, two (2) no (Mr. Hardcastle and Mr. Carey), the motion was approved to eliminate two hour parking on the outer circle of The Green and the matter be reviewed by the Safety Advisory Committee in six months.
Left Turn Signal - S. State Street at Loockerman Street
The committee considered a complaint of Mr. John von Reider concerning the traffic control for north and south bound traffic on State Street at Loockerman Street. Mr. von Reider felt that the left turn traffic control device should be on the standard arms on the far side of the intersection from the direction traffic is facing, feeling that the left turn light is difficult to see for motorists stopped at the light.
Chief Klenoski informed the committee that the traffic signalization was set up for this particular intersection due to the fact that it is an exceptionally large intersection. Left turn traffic is required to stop just before the pedestrian crosswalks which are painted on the roadway. If motorists stop at this point, there is no problem with seeing the left turn signal. He stated the importance of keeping traffic back beyond the pedestrian crosswalks to allow some lead time from where the stop lines are for traffic getting into the intersection to get out before other vehicles start crossing.
It was the recommendation of the committee that the request be denied, leaving the traffic signalization as it is presently situated.
Mr. Hardcastle moved for the recommendation of the committee to deny the request, seconded by Mr. Carey and unanimously carried.
911 Emergency Number
The committee considered the possibilities of joining into the new 911 emergency number for Kent County. A County Task Force has been looking into the feasibility of installing a 911 emergency number. It would provide the public with one telephone number to dial when in need of fire, ambulance and police service.
Based on recommendations of the Chief of Police, Fire Chief and Director of Civil Defense, it was the recommendation of the committee that the City of Dover Fire Company and Police Department not join in the 911 emergency number.
Mr. Hardcastle moved for the recommendation of the committee which was not to join in the 911 emergency number. The motion was seconded by Mr. Carey. It was noted by Mr. Hardcastle, however, that a subsequent meeting was held, since his Safety Advisory Committee meeting, with several City officials in attendance to further discuss the 911 emergency number, which he was unable to attend.
Mr. Richter felt that discussions on what effect use of the 911 emergency number will have on presently employed dispatchers at the Fire Department and Police Department has become an issue in this discussion, feeling it to be irrelevant to the concept of the City joining in the use of the 911 emergency number.
Mr. Richter and Mr. Shevock objected to denying use of the 911 emergency number since it is obvious that dialing three numbers throughout the area would be much easier for residents than trying to memorize the various emergency numbers.
Mayor Carroll reminded Council that the City of Dover has not been officially requested to join in the use of the emergency number and felt that the question is not if the number would be a convenience to the public but rather if the City does wish to participate, under what circumstances would we be joining. He felt that no action was required until a formal proposal has been made to the City.
Mr. Boaman suggested placing the question before the voters in the way of non-binding referendum question on the ballot of the April 18th election.
It was noted by Mayor Carroll that if the system is approved by Kent County Levy Court, it will be in force irregardless of the City’s opinion.
Mr. Witt moved to amend the motion for Council to adopt the concept of the 911 emergency number and to request that the proper authorities be requested to invite Mayor and Council to discuss the details of the proposal. The motion failed for lack of a second.
Mr. Hardcastle withdrew his motion to not join in the use of the 911 emergency number, as did Mr. Carey his second.
Mr. Hardcastle moved that action of the Safety Advisory Committee be tabled at this time. The motion was seconded by Mr. Carey and carried with Mr. Witt voting no.
Mr. Hardcastle moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 9, 1983 with Chairman Boaman presiding.
Charter Provisions - Bonds - Potter, Anderson and Corroon
The purpose of the meeting was to discuss changes in Section 50 of the Charter relative to borrowing money and bonding. Mr. Richard McMahon and Mr. Charles McDowell, bonding consultants representing Potter, Anderson and Corroon, were present at the meeting.
After thoroughly reviewing the present language of Section 50 of the City of Dover Charter with bonding consultant representatives, the committee made the following suggestions:
a. That subsection (a) remain as written or “borrowing should not exceed 1% of the total taxable assessment for a general tax.
b. That the time limit for refunding bond anticipation notes be removed from the Charter. This would allow flexibility in acquiring more suitable interest rates on the bond market.
c. That a Charter provision be established providing for a single issuance of General Obligation Bonds with a maximum of $1,000,000 limit to construct storm water facilities, streets and other related appurtenances, without the necessity of referendum. This would include an aggregate cap of 1% of the tax base and the right to issue bond anticipation notes. Anything in excess of $1,000,000 would require a referendum, otherwise the aforementioned could be authorized by a 3/4 vote of Council. It was also noted that more than one bond issue under $1,000,000 could be floated for various projects, as long as the total expenditure for these projects did not exceed the aggregate cap of 1% of the tax base.
It was the recommendation of the committee that the firm of Potter, Anderson and Corroon be authorized to prepare proper legislation incorporating the above suggestions for the City Solicitor’s review and submission to the State General Assembly.
Mr. Boaman requested Council concurrence of the committee recommendation, stating that final approval from Council would be required after the legislation has been drafted.
Mr. Richter moved to authorize the firm of Potter, Anderson and Corroon to prepare proper legislation incorporating the suggestions of the Legislative and Finance Committee concerning Section 50 of the Charter, to be submitted to Council for final approval prior to submission to the General Assembly. The motion was seconded by Mr. Boaman and unanimously carried.
Mr. Witt moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. Bonar and unanimously carried.
PUBLIC HEARING - ZONING TEXT AMENDMENT - ADDING ARTICLE 3, SECTION 9.13
A public hearing was duly advertised for this time and place to consider adoption of an amendment to the Zoning Code, adding Article 3, Section 9.13, defining conditional uses of a building complex with 100,000 square feet.
There was no one present to speak for or against the amendment and no correspondence.
By motion of Mr. Boaman, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Zoning Ordinance of the City of Dover is hereby amended by adding the following to Article 3, Section 9.13:
After a building complex in this Zone has reached a building space area of 100,000 square feet, then the following uses shall be permitted as conditional uses subject to the approval of the Planning Commission: cafeteria, restaurant, barber/beauty shop, travel agency, bank, copy center, office supply, retail store, and news stand.”
ADOPTED: FEBRUARY 14, 1983
ANNUAL REPORT - FIRE CHIEF
Mr. Witt moved for acceptance of the Annual Report of the Fire Chief, seconded by Mr. Carey and unanimously carried (Mr. Hardcastle absent).
ANNUAL REPORT - POLICE DEPARTMENT
Mr. Witt moved for acceptance of the Annual Report of the Police Department, seconded by Mr. Carey and unanimously carried (Mr. Hardcastle absent).
U.S. ARMY CORP. - ADVANCE GROUP DONATION
Mr. Boaman stated that the advance group of the U.S. Army Corp will again be coming to Dover for schooling at Wesley College. Last year the City of Dover donated $200 to host a small reception for the advance group.
Mr. Boaman moved to approve a donation of $200 for the U.S. Army Corp Advance Group reception, seconded by Mr. Carey and unanimously carried (Mr. Hardcastle absent).
REZONING REQUEST - PROPERTY LOCATED AT SAULSBURY AND WALKER ROADS - CHRISTOPHER A. AND CATHERINE ANN NACRELLI
A request was received to rezone property located at Saulsbury and Walker Roads, owned by Christopher A. and Catherine Ann Nacrelli, for the purpose of professional office buildings.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Carey, Council by unanimous roll call vote (Mr. Hardcastle absent) referred the matter to the Planning Commission on March 21, 1983 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 at Saulsbury and Walker Roads are presently zoned for RG-1 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 March 28, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at Saulsbury and Walker Roads, owned by Christopher A. and Catherine Ann Nacrelli.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: FEBRUARY 14, 1983
CORRESPONDENCE
Drainage - The Green - Harry K.F. Terry, Esquire
A letter was received from Attorney Harry K.F. Terry, on behalf of Rebecca W. Terry, N. Maxson Terry, Jr., John Davis and himself, concerning a problem of no catch basins for rain water on a certain section of The Green. The letter cited the problems that are being incurred due to the lack of proper catch basins.
Mr. Richter moved that the matter be referred to the City Manager for proper action, seconded by Mr. Carey and unanimously carried (Mr. Hardcastle absent).
Meeting Adjourned at 9:00 P.M.
DEBRAH J. BITTNER
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 14, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
February 21, 1983
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