REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 11, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Salters and Mr. Hare. Mr. Fenimore was absent as he is on active military duty.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Pepper.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Elizabeth Gramaldi, associated with Dover Easter Seals, addressed City Council on a safety issue related to wheel chairs. Ms. Gramaldi suggested that flags or some type of reflective material be required on all wheel chairs to ensure that they are visible during evening hours. She relayed an incident where she was attempting to cross from the Sheraton to Walmart in her wheelchair and was nearly hit by a vehicle because they could not clearly see her. Noting that this is a safety issue, Council President Christiansen informed Ms. Gramaldi that the Chairman of the Safety Advisory Committee will contact her.
Mr. James Marshall of Rt. 7 Box 52 (McKee Road), stated that he has lived at his current address for 32 years. The property was annexed into the City limits in 1969 and he still does not have access to City sewer. He stated that the residents in this area have been promised for many years that they would soon have access to City sewer. In the interim, many developments have sprouted up around them and they have been supplied with all City services. Mr. Marshall stated that he just read in the newspaper that the City has over $940,000 in the budget that is leftover from the past fiscal year. He proposed that the City use some of this money to provide this area in Dover with all City services. Mr. Marshall stated that the City is currently building a major lift station near General Metalcraft to improve services that have been provided to others for several years. The line was run across the roadway directly in front of their homes, and yet they cannot connect to this system. Mr. Marshall reminded members of Council that the strip of land contains a youth program facility (Because We Care), the First United Church of Gospel, the Faith Elementary School and several residences. He and his neighbors feel that after 26 years of paying City of Dover taxes they deserve access to all City services and urged immediate action to accommodate their wishes. Council President Christiansen stated that City Manager James O'Connor will meet with Mr. Marshall upon adjournment of the meeting to relay the most recent information on this matter.
Ms. Emma Lou Browning of 1430 S. Hancock Drive addressed her concerns with the City's billing procedures for water and sewer. Ms. Browning stated that her last quarterly water/sewer bill was $155 as compared to her last quarter of $62. Noting that a significant portion of her bill is for Kent County sewer charges, Ms. Browning felt that the City should maintain its own sewer plant. If the City plans to continue with the current system of billing for sewage, based upon metered water use, then Ms. Browning suggested that homes be equipped with two water meters. One of the meters would be to meter actual water use that ultimately ends up in the sewage system. The other meter would be for outside water use where the water goes into the ground for plant and grass watering and does not end up in the sewage system. Ms. Browning reiterated that it is very unfair to unilaterally charge for sewage use based upon water use and reminded members of Council that the County is receiving compensation for more than their fair share.
Mr. Joe Burden, owner of property along Saulsbury Road, spoke in support of earlier comments by James Marshall. Mr. Burden stated that he owns two houses along this tract of land and when it rains he is forced to have the septic tanks pumped. He urged Council to make City sewer available to the City residents along this strip of land.
The invocation was given by Reverend Robert Morris, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of agenda item #1A to discuss the appointment of a contract manager for the DECCASA Program. Mr. Salters moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 28, 1995
The Minutes of the Regular Council Meeting of August 28, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mr. Lambert and bore the written approval of Mayor Hutchison.
CONTRACT MANAGER - DECCASA PROGRAM
Contract manager for the DECCASA Program, Reuben Salters, reported that the current fiscal year programs have been completed. He requested that prior to the beginning of programs for the next fiscal year, that the City Manager be designated as the contract manager for the DECCASA Program. The matter has been discussed with Mayor Hutchison and with City Manager Jim O'Connor and they concur with the recommendation.
Mr. Salters moved that the City Manager be designated as the City of Dover's Contract Manager for the DECCASA Program. The motion was seconded by Mr. Leary and unanimously carried.
PROCLAMATION - DEAF AWARENESS WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the World Federation of the Deaf is an international organization composed of eighty-five national associations of the deaf which, in collaboration with the United Nations (UNESCO, World Health Organization and International Labor Offices), serves all countries in the enhancement of the social, economic and cultural lives of deaf and hard of hearing people; and
WHEREAS, the World Federation of the Deaf has, in the past forty-four years, provided leadership at the international level in medicine and audiology, psychology of deafness, educational development and innovation, vocational rehabilitation, communications methodology, personal and social welfare, art and culture, parent education, and religious activities; and
WHEREAS, the National Association of the Deaf (NAD) will participate as an integral part of the Deaf World Week celebration of the World Federation of the Deaf; and
WHEREAS, representatives from a wide area of leadership in the United States of America serving deaf and hard-of-hearing populations throughout the world will be observing this significant event in recognition of the contributions geared to the needs of deaf and hard of hearing people throughout the country; and
WHEREAS, the City of Dover offers its wholehearted welcome and best wishes to all participants for a renewed spirit of togetherness tempered by intensified commitment to a quality life for the entire deaf and hard of hearing population of the nation.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim September 24-30, 1995 as NATIONAL DEAF AWARENESS WEEK in the City of Dover, and I invite all of our citizens to join me in the observance of this week long occasion.
PROCLAMATION - CONSTITUTION WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS, September 17, 1995 marks the two hundred eighth anniversary of signing of the Constitution of the United States of America at the 1787 Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of this great Country designating September 17 through 23 as CONSTITUTION WEEK.
NOW, THEREFORE, I, JAMES L. HUTCHISON, as Mayor of the City of Dover do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals of the Framers of the Constitution by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties.
The Proclamation was presented to Caroline S. Abbott by Council President Robin R. Christiansen.
DONATION OF PAINTING - "A VIEW OF S. STATE STREET" - RITA F. TRIMMER
A portrait, "A View of S. State Street" was presented to the City of Dover by the artist, Rita F. Trimmer. Ms. Trimmer requested that the portrait be displayed in City Hall. Mayor Hutchison and members of City Council expressed their appreciation for the donation.
Mr. Bob Moyer, Executive Director of the Dover Arts Council, and Dr. Donald Parks, Chairman of Dover Arts Council, presented the print on behalf of Rita F. Trimmer. Mr. Moyer explained that Ms. Trimmer was unable to attend the meeting as she is currently involved with two art shows. Mr. Moyer stated that Ms. Trimmer is an artist and art teacher of more than 25 years experience. She has won many awards and prizes for her paintings and has many of her works on display in buildings throughout the State of Delaware.
On behalf of the City of Dover, Mayor Hutchison accepted the painting with his deepest appreciation to Ms. Trimmer for her generous donation.
PRESENTATION TO FORMER MEMBERS - DOVER ARTS COUNCIL
Certificates of Appreciation were presented to former members of the Dover Arts Council in expression of appreciation for the many hours contributed to the Dover Arts Council and to the cultural enrichment of the citizens of Dover. Mayor Hutchison, along with Dr. Donald Parks, Chairman of the Dover Arts Council, and Mr. Bob Moyer, Executive Director, presented Certificates to the following:
H. Earl Abbott, Jr. James H. Hoover, Jr.
John C. Andrade, Jr. Donald R. Kinsley
Drexel B. Ball Joyce A. Mullins
Andrea W. Bushey Marion Tracy
Edward W. Goate'
Dr. Parks announced that certificates for those there were unable to attend the meeting will be presented to them at a later date. Mayor Hutchison relayed appreciation to those receiving certificates this evening and to all of the citizens that volunteer their time to the Dover community. He reminded Council that we are very fortunate to have so many wonderful citizens that give so willingly of their time by serving as volunteers and he relayed his gratitude for their contributions.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on August 28, 1995 with Chairman Salters presiding.
Proposed Budget Revisions
The City revises its budgets periodically throughout the year to meet the changing needs of the City's operations. After some discussion, the committee recommended approval of the proposed budget amendments.
Mr. Salters explained the highlights of the proposed budget revisions and moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and unanimously carried. (The First Reading of the budget ordinances will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 28, 1995 with Chairman Lambert presiding.
Annexation/Rezoning - Property Located on Southwest Side of Intersection of Forest Street and Saulsbury Road
A request has been submitted for annexation and rezoning of three parcels of land, totaling approximately 14.6 +/- acres of vacant land, located on the southwest corner of Forest Street and Saulsbury Road. The owners of the parcels are Maynard C. and Mary B. Reed Estate, Robert Joe Kilby, and James C. Brown and the applicant of the petition is John T. Beiser. The land is currently zoned as RS (Residential Single Family) and BN (Neighborhood Business) in Kent County. The applicant is requesting annexation of the land into the City of Dover and rezoning to SC-1 (Neighborhood Shopping Center) & C-2A (Limited Commercial).
The recommendation of the Planning Commission was for approval of the annexation with the condition that 0.6 acres from the lands of Enterprise Business Park be added to the site so that it can all be in zoned SC-2 (Community Shopping Center) thereby eliminating the need for both SC-1 and C2-A. The SC-2 zone requires a minimum of 15 acres. In making their recommendation, the Planning Commission considered the current surrounding land uses, the Interim Annexation Policy, the Route #8 Corridor Study, and the recommendations of the City Planning staff.
As a cautionary note, it is important to point out that the Route #8 Corridor Study recommended significantly less commercial development at this site because of "traffic conflicts at this major intersection". The DelDOT DAC comments and Support Facility Report serve to reiterate this concern and the issue of whether an entrance will be on Route #8 still remains unresolved. The developer understands that if the Planning Commission and City Council annex and zone this property as proposed without the benefit of further traffic analysis, and that if the subsequent required Traffic Impact Analysis continues to reveal "traffic congestion" as defined in the City's zoning performance standards, then it is possible that only a substantially scaled down shopping center may be approved.
It is also important to note that if this property is annexed and zoned it may fall under the current development policy that prohibits site plan applications involving more than 20 EDU's of sewer flow. A plan for the project could not move forward until the policy is lifted as a result of the adoption of a new comprehensive plan. It is also noted that during the Comprehensive Plan update the proposed zoning may be reconsidered.
Mr. Lambert stated that he attended the community meeting and the Planning Commission meeting and although there was some concern about the traffic, there seemed to be very little opposition to the shopping center. Some people actually expressed enthusiasm for the addition of some shopping alternatives in West Dover. There was a considerable amount of discussion on what the current Comprehensive Plan recommends for this parcel and on the fact that the City is in the middle of updating the Comprehensive Plan which could effect the parcel's zoning.
Mr. DePrima assured Council that the developer fully understands that when a roadway drops from a performance standard of "D" to "E", it is considered to be an objectionable element as described in the performance standard of the zoning ordinance and may be a reason for denying site plan approval. Mrs. Malone questioned if improvements will be required at the Route #8 and Saulsbury Road intersection, stating that it is already difficult for large trucks to make turns without disrupting the flow of traffic. Mr. DePrima stated that should DelDOT determine that the proposed increased traffic warrants intersection improvements, they will require the developer to bear the costs for the improvements. He stated, however, that this is a decision to be made by DelDOT.
Responding to Mr. Tudor on the total number of EDU's allowed, Mr. DePrima stated that the shopping center will not be permitted to exceed the permitted 20 EDU's. The total permitted EDU's is a collective amount of all stores located within the shopping center and is not a per store maximum.
The committee recommended approval of the annexation as recommended by the Planning Commission, with the condition that 0.6 acres from the lands of Enterprise Business Park be added to the site so that it can all be zoned as SC-2.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Construction of Mid-City Tie
Construction of the Mid-City Tie is an on-going project at the Mid City Substation. This will finalize the relay protection package for the system. Prior to construction of the Mid-City Substation, a design was created and constructed using the General Electric relay scheme. Only General Electric relays can be used, therefore, it was not necessary to request quotations from vendors. Staff recommended that a purchase order be issued to A.J.P. Sales in the amount of $34,818 to purchase the General Electric relay.
Mr. Tudor strongly suggested that although the relay must be a General Electric relay, prices can be obtained from more than one General Electric vendor. He felt that relying on only one supplier gives the vendor an open door to all of our purchases. Agreeing, Mr. Lambert suggested that in the future, in instances where a specific manufacturer must be used, that the City attempt to get quotes from more than one of the manufacturer's distributors.
The committee recommended that a purchase order be issued to A.J.P. Sales in the amount of $34,818 to purchase a General Electric relay for the construction of the Mid-City tie.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Fenimore absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
APPOINTMENT OF CIVILIAN MEMBERS - COUNCIL COMMITTEES
In accordance with the recently adopted ordinance, Chairmen of the Legislative and Finance Committee, Safety Advisory Committee and Utility Committee were requested to submit nominees for a second civilian member to serve on their committee. (It is noted that both civilian members were already appointed to serve on the Parks and Recreation Committee and that the nomination by Council President Christiansen to the Legislative and Finance Committee had been delayed.) Proposed nominees are as follows:
Legislative and Finance Committee
William A. Schaefer, Jr. (Appointment by Council President) - Mr. Leary moved for approval of the appointment of William A. Schaefer, Jr. The motion was seconded by Mr. Lambert and carried by a unanimous roll call vote (Mr. Fenimore absent).
James E. Washington (Appointment by Chairman Reuben Salters) - Mr. Lambert moved for approval of the appointment of James E. Washington. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Fenimore absent).
Safety Advisory Committee
W. Frank Wolfe (Appointment by Chairman William F. Hare) - Mr. Hare moved for approval of the appointment of W. Frank Wolfe. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Fenimore absent).
Utility Committee
Gregory Kramedas (Appointment by Chairman Robert W. Lambert) - Mr. Lambert moved for approval of the appointment of Gregory Kramedas. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Fenimore absent).
FIRST READING - PROPOSED ORDINANCES
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Malone and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 25, 1995.
Mr. Salters moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mrs. Malone and unanimously carried (Mr. Fenimore absent):
PROPOSED BUDGET REVISION ORDINANCES
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of August 28, 1995.
Mr. Leary moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Salters moved for adoption of the following ordinances, seconded by Mr. Lambert and carried by a unanimous roll call vote (Mr. Fenimore absent):
Amend Chapter 5 Buildings, Building Regulations, Article II, Building Code, Section 5-16 Adopted of the City of Dover Code of Ordinances by deleting Section 5-16(a) in its entirety and by creating a new Section 5-16(a) to read as follows:
Sec. 5-16 Adopted - (a) There is hereby adopted by reference that certain publications known as the BOCA National Building Code 1993, CABO Model Energy Code, 1993 and the CABO One and Two Family Dwelling Code 1995, recommended by the Building Officials and Code Administrators International, Inc. Three (3) Copies of such publications are on file in the office of the building inspector, and such publications are adopted and incorporated as if set out at length herein.
ADOPTED: September 11, 1995
Amend Chapter 5 Buildings, Building Regulations, Article II, Building Code, Section 5-21(g) of the City of Dover Code of Ordinances by deleting Section 5-21(g) in its entirety and by creating a Section 5-21(g) to read as follows:
(g) Doubling of fees. Fees established in subsections (a) through (f) shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector shall waive the doubling of fees in cases where the permit applicant is not a professional contractor and the work is not being done a professional contractor.
ADOPTED: September 11, 1995
Amend Chapter 7 Fire Prevention, Protection, Article III Fire Prevention Code, Section 7-61 Fire Prevention Permit by adding the following sub-section:
(c) Doubling of fees. Fees established in subsection (b) shall double in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor and the work is not being done a professional contractor.
ADOPTED: September 11, 1995
Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:10 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 11, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB