REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 26, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and Hare.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Pastor Doreina Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mr. Levitt and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 11, 1992
The Minutes of the Annual Council Meeting of May 11, 1992 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Daisey and bore the written approval of Mayor Knopf.
PRESENTATION - YOUNG ARTIST AWARD - DOVER ARTS COUNCIL
On behalf of the Dover Arts Council, Mr. Dave Skocik and Dr. Don Parks presented the Young Artist Award to Neil Burcham and Samatha Powell. During the presentation, Dr. Parks highlighted the following information on Samantha Powell:
Samantha Powell has been a Photography student at Caesar Rodney High School for four years. During that time, she has distinguished herself as an able and active photographer. Among her honors are:
1990 Scholastic Art Exhibit - 2nd place Regional award
1991 Delaware State Fair Photography Award
1992 Scholastic Art Exhibit - 1st Place Regional award
1992 Scholastic Art Exhibit Regional Portfolio award
1992 Scholastic Art Exhibit National Portfolio winner award
1992 Savannah College of Art and Design International Student Art Competition winner - $10,000 Photography Scholarship.
1992 Rochester Institute of Technology $7,000 grant award for attendance at R.I.T. School of Photographic Arts and Sciences.
Samantha has participated in numerous shows, including three one-women displays of her work. She has contributed much in time and effort to the photographic needs of C.R. High School.
The following resolution was adopted by the Dover Arts Council:
Whereas, "The mission of the Dover Arts Council is to promote excellence, access and education, in the Arts, and to celebrate culture diversity, in order to enhance the quality of life and to contribute to the economic vitality of the Greater Dover Area";
Whereas, Samantha Powell has proven her excellence in the Arts;
Whereas, Samantha Powell is a member of the Greater Dover community;
Whereas, Samantha Powell has contributed to the vitality of the arts of the Greater Dover area;
Therefore, be it resolved that Samantha Powell receive the Young Artist Award for her achievements and contributions to the arts in the Greater Dover Area.
Dr. Parks highlighted the following information on Neil Burcham:
Neil Burcham is a young artist who has never turned down a challenge and works hard at learning as much as he can about both music and visual art. He has won numerous awards and has participated in art exhibitions and symphonic band performances. As a jazz band performer, he won "Outstanding Jazz Soloist" for guitar solo at the 1991 Williamsburg Fiesta-Val and went to Europe with the American Music Abroad program. As a visual artist, Neil has won a "Best In Show" award for a painting juried in a Dover Art League exhibition.
Because of his interest in art, he began the Dover High School Art League and became the first president. At present, many of the Dover High Students' works are being exhibited in the Kent County Arts Exchange which is part of the Art Educators of Delaware art exhibition. His leadership in the arts allowed him to be a part of the Visual and Performing Arts Gifted Program (VPAG) for which he was a part of the program for two years.
Neil Burcham's work has been judged in major shows throughout Delaware, and he was selected two consecutive years for the Congressional Art Exhibition. If the opportunity arises, Neil searches out and prepares for his future challenges.
The following resolution was adopted by the Dover Arts Council:
Whereas, "The Mission of the Dover Arts Council is to promote excellence, access and education, in the Arts, and to celebrate culture diversity, in order to enhance the quality of life and to contribute to the economic vitality of the Greater Dover area";
Whereas, Neil Burcham has proven his excellence in the Arts;
Whereas, Neil Burcham is a member of the Greater Dover community;
Whereas, Neil Burcham has contributed to the vitality of the arts of Greater Dover area;
Therefore, be it resolved, that Neil Burcham receive the Young Artist Award for his achievements and contributions to the arts in the Greater Dover Area.
The teachers of the two young artists were also introduced. Members of Council congratulated Mr. Burcham and Ms. Powell on their achievements.
PROCLAMATION - RACE UNITY DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the greatest challenge facing humanity is the recognition of the oneness of mankind; and
WHEREAS, any act which discriminates against or otherwise restricts the human rights of any person or group of persons demeans their dignity; and
WHEREAS, it is important that we uphold an equal standing of human rights for all persons; and
WHEREAS, we affirm our belief in the brotherhood of mankind, the equality of women and men, and that all persons are equal in their spiritual essence and human dignity; and
WHEREAS, the recognition that mankind belongs to one family brings with it a responsibility to respect and to help one another in every way; and
WHEREAS, the City of Dover supports the Institute for the Healing of Racism in promoting these ideals and in fighting the disease of racism.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim June 7, 1992 as RACE UNITY DAY in the City and urge all residents of this Community to make this a day of resolve to promote in themselves and in the Community those qualities and attributes which will generate the recognition that mankind belongs to one family, to fight prejudice wherever it is found, and to assure that all persons have an equal opportunity to develop their unique capacities.
Mr. Pete Oldziey accepted the Proclamation on behalf of the Institute for the Healing of Racism. He invited everyone to join them on June 7th at the Whiteoak Park from 2:00 p.m. to 5:00 p.m. to participate in programs on behalf of the Institute.
RESOLUTION - HABITAT FOR HUMANITY - CIRCUS KINGDOM
By motion of Mr. Levitt, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, the CENTRAL DELAWARE HABITAT FOR HUMANITY is bringing a circus to Dover; and
WHEREAS, Circus Kingdom will perform at the Dover High School gymnasium on June 12, 1992 at 7:00 p.m. and will include fire eaters, trapeze performers, clowns, jugglers, and champion trampolinists as well as many other forms of entertainment; and
WHEREAS, tickets may be purchased at Kitchen Cupboard, Dover Hardware and the Dover Newsstand; and
WHEREAS, proceeds from the sale of tickets will be used to build houses for needy families on behalf of the Central Habitat for Humanity.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council support and endorse the CENTRAL DELAWARE HABITAT FOR HUMANITY in its efforts to provide housing for needy families and urge everyone to participate in the fun of the circus, while also sharing the joy of helping a family to have better housing.
ADOPTED: May 26, 1992
The Resolution was accepted by Mr. Jack Fisher who relayed his appreciation for the Resolution and offered more detailed information on the Central Delaware Habitat for Humanity.
MONTHLY REPORTS - APRIL
By motion of Mr. Leary, seconded by Mr. Daisey, Council unanimously adopted the following reports for the month of April:
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Managers Report
General Fund, Cash Receipts & Budget Reports
Water/Sewer Fund, Revenue & Budget Reports
Internal Service Fund, Revenue & Budget Reports
Electric Revenue Fund, Revenue & Budget Reports
Improvement and Extension Fund, Cash Receipts & Budget Reports
After discussing specific portions of the Police and Inspections Reports, Mr. Lambert moved for their approval. The motion was seconded by Mr. Daisey and Council unanimously adopted the following reports for the month of April:
Chief of Police Report
Building Inspector and Fire Marshal Report
Mr. Lambert requested that the number of units in Nottingham Woods be investigated, stating that the Inspections Report depicts 84 units. In past reports, 52 units have been shown for Nottingham Woods.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 12, 1992 with Chairman Levitt presiding.
Annexation of City Owned Property - East Side of Long Point Road
A request for annexation was considered for property located on the easterly side of Long Point Road (C.R. #341), approximately 3,980 feet +/- north of North Little Creek Road. The property is owned by the City of Dover and consists of approximately 4.0 +/- acres. The City of Dover Department of Public Works and Engineering seeks annexation of this property in order to establish a municipal water treatment facility.
The Planning Commission reviewed the request for annexation and recommended that the property be zoned A (Agriculture) in accordance with the Comprehensive Plan. The State of Delaware Bureau of Archaeology and Historic Preservation has noted that this area is located in the Little Creek Hundred Historic District. They have requested that, during site plan review, they be given the opportunity to comment on any structures that are proposed for the property.
Since the property is owned by the City, a referendum is not necessary.
Mr. Levitt moved for approval of the committee's recommendation for approval of the annexation of 4.0 +/- acres located on the easterly side of Long Point Road, owned by the City of Dover, with a zoning classification of A (Agriculture). The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City; and
WHEREAS, the City desires to annex land owned by the City of Dover and located on the easterly side of County Road 341 (also known as Long Point Road), consisting of approximately 4.0047 acres, for the purpose of establishing a municipal water treatment facility; and
WHEREAS, annexation of this property would benefit the City of Dover; therefore, the City may adopt a resolution annexing said territory and including same within the limits 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 the following described area situated in Little Creek Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain tract, piece or parcel of land situated in Little Creek Hundred, Kent County and State of Delaware, lying on the Easterly side of County Road 341 between State Route 8 and County Road 66 and being bounded as follows: On the West by County Road 341 (also known as Long Point Road) 50 feet wide; On the North by lands now or formerly of John Leon Tarburton and Emma Tarburton, H/W - deed record —24-303; On the East by lands now or formerly of Standard-Newton Financial, L.P. - deed record S-47-66, residue of Parcel #4; On the South by lands now or formerly of Standard-Newton Financial L.P. - deed record S-47-66, Parcel #2; Being more particularly described according to a plan prepared by Gerald A. Donovan Associates, Inc. dated May 1, 1991, reference CL 91-09-00 (9109PLNT.DWG) said plan being an integral part hereof as follows:
BEGINNING at a point in the Easterly line of County Road 341 at the Southwest corner for subject lands and the Northwest corner for aforementioned lands of Standard-Newton (Parcel 2). Said point being located when measured from the intersection of the said line of County Road 341 with the Northerly line of State Route 8 the following seven (7) courses and distances: A) N 19o 20' 16" W a distance of 1059.61 feet to a point of angle break. B) N 19o 45' 29" W a distance of 285.71 feet to a point of curvature. C) By the arc of a circle curving to the right with a radius of 1125.00 feet a distance of 195.92 feet (its chord being N 14o 46' 08" W a distance of 195.68 feet) to a point of tangency. D) N 09o 46' 47" W a distance of 190.14 feet to a point of curvature. E) By the arc of a circle curving to the right with a radius of 998.75 feet a distance of 258.49 feet (its chord being N 02o 21' 55" W a distance of 257.77 feet) to a point of tangency. F) N 05o 02' 58" E a distance of 1139.12 feet to a point of angle break. G) N 05o 31' 26" E a distance of 853.56 feet to said beginning point. Thence from said beginning point and continuing with the Easterly line of County Road 341: 1) N 05o 31' 26" E a distance of 436.11 feet to a point in said line of County Road 341 at a corner for lands of aforementioned Tarburton. Thence with said Tarburton lands: 2) N 72o 02' 39" E a distance of 436.11 feet to a point in line of said Tarburton lands at a corner for lands of aforementioned Standard-Newton (residue of parcel 4). Thence with said lands of Standard-Newton: 3) S 05o 31' 26" W a distance of 436.11 feet to a point at a corner for said lands of Standard-Newton (residue of parcel 4) in line of other lands of aforesaid Standard-Newton (parcel 2): 4) S 72o 02' 39" W a distance of 436.11 feet to the point and place of beginning. Containing within the above described courses and distances an area of 4.0047 +/- acres.
2. The above described property shall be annexed into the City of Dover with a zoning classification of A (Agricultural) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 27th day of May 1992 at 12:01 a.m. o'clock.
ADOPTED: May 26, 1992
Evaluation of Bids - Vondaway Drive Utility Improvements
In conjunction with the 1987-1992 Capital Improvements Plan, bids were requested to provide water and sewer service to the properties on Vondaway Drive. The low bid was received from Marvel Contracting Co., Inc. in the amount of $267,573.27. The engineer's estimate was $338,148.45.
The committee recommended awarding the contract to Marvel Contracting Co., Inc. in the amount of $267,573.27. Staff assured members that the property owners effected by the project have been notified of the results of the bidding. The assessment charge for the water project is estimated to be $10.96 per front foot, and the sewer project will be $40.00 per front foot, which is the maximum allowed by ordinance.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Mr. Levitt moved for acceptance of the Utility Committee Report, seconded by Mr. Daisey and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on May 12, 1992 with Chairman Salters presiding.
Update - Closing of E. Loockerman Street
The committee received a brief update on E. Loockerman Street, but took no official action. Mr. Salters informed the public that a meeting has been held since the May 12th meeting and official action has been made by the committee and Council.
Mr. Salters moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Daisey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on May 12, 1992.
Review of Capital Improvement Program - General Government Sections (Pages 2-30)
Members reviewed the general government sections of the 1992-97 Capital Improvement Plan. Final approval of the CIP will take place during the budget review. While reviewing the CIP the committee requested that the brick sidewalk replacement project (page 18) be included in the budget for fiscal year 1992/93.
By motion of Mr. Hare, seconded by Mr. Levitt, the Legislative and Finance Committee Report was unanimously accepted.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on May 12, 1992 with Chairman Daisey presiding.
Review of Capital Improvement Program - Recreational Sections (Pages 31-39)
Members reviewed the recreational sections of the 1992-1997 Capital Improvement Plan. Final approval of the Capital Improvement Plan will take place during budget review. Staff noted that the City will not be able to secure State Capital Funds for the Silver Lake Park - Phase II (page 32); therefore, it should be eliminated at this time. Staff will continue to investigate other avenues in obtaining the necessary funds.
Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Levitt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 12, 1992 with Chairman Levitt presiding.
Review of Capital Improvement Program - Utilities Sections (Pages 40-151)
Members reviewed the utilities sections of the 1992-1997 Capital Improvement Plan. Final approval of the Capital Improvement Plan will take place during budget review.
Mr. Levitt moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL
In a letter to Mayor Knopf and members of City Council, Council President Christiansen offered the following remarks:
"Dear Mayor Knopf and Members of City Council:
Enclosed please find Committee assignments for the 1992/93 Council year. Although all members of Council cannot be appointed to serve as a member of each committee, every member of Council is encouraged to attend and contribute during all committee meetings.
Noting that during the past year, there has been a turnover on Council and the possibility of that continuing, I feel it is necessary to build new leadership on City Council. The committees have been assigned reflecting preference, seniority, and a need for Council to grow to better serve our City and its citizens. The committees feature new faces, but also a continuity of experience.
I would like to take this opportunity to thank you for your service in the past and for your valued service in the future. The Mayor and Council face many challenges in the years to come, and our success depends on the dedication and hard work of Council and its committees.
Again, thank you."
Legislative and Finance Committee
Council President Christiansen requested approval of the following committee appointments:
Irving Levitt, Chairman
Reuben Salters, Councilman
Thomas Leary, Councilman
John Hindman, Civilian Member
Mr. Daisey moved for confirmation of the committee appointments, seconded by Mr. Salters and unanimously carried.
Utility Committee
Council President Christiansen requested approval of the following committee appointments:
William Daisey, Chairman
John Pitts, Councilman
Robert Lambert, Councilman
Carleton Carey, Civilian Member
Mr. Leary moved for confirmation of the committee appointments, seconded by Mr. Levitt and unanimously carried.
Parks and Recreation Committee
Council President Christiansen requested approval of the following committee appointments:
John Pitts, Chairman
William Hare, Councilman
Elected 2nd District Councilman
Holly Malone, Civilian Member
Alfreda Dean, Civilian Member
Mr. Daisey moved for confirmation of the committee appointments, seconded by Mr. Salters and unanimously carried.
Safety Advisory Committee
Council President Christiansen requested approval of the following committee appointments:
William F. Hare, Chairman
Robert Lambert, Councilman
Thomas Leary, Councilman
Fire Chief, Ex-Officio Member
Police Chief, Ex-Officio Member
Mr. Daisey moved for confirmation of the committee appointments, seconded by Mr. Salters and unanimously carried.
Pension Committee - Civilian
Council President Christiansen requested approval of the following committee appointments:
Irving Levitt
Reuben Salters
Mr. Lambert moved for confirmation of the committee appointments, seconded by Mr. Daisey and unanimously carried.
Pension Committee - Police
Council President Christiansen requested approval of the following committee appointments:
Irving Levitt
Reuben Salters
Mr. Daisey moved for confirmation of the committee appointments, seconded by Mr. Lambert and unanimously carried.
Code Board of Appeals
Council President Christiansen requested approval of the following committee appointments:
William Hare, Chairman
Elected 2nd District Councilman
Mr. Lambert moved for confirmation of the committee appointments, seconded by Mr. Levitt and unanimously carried.
Liaison to County
Council President Christiansen requested approval of the following committee appointments:
Reuben Salters
Irving Levitt
William Daisey
Robert Lambert
Mr. Leary moved for confirmation of the committee appointments, seconded by Mr. Levitt and unanimously carried.
COMMITTEE APPOINTMENTS - MAYOR
Awards Committee
Mayor Aaron O. Knopf offered the following appointments:
Karen Bell-Cruz
Dr. Willie G. Adams
* (To be determined at a later date)
Mr. Leary moved for confirmation of the committee appointments, seconded by Mr. Daisey and unanimously carried.
Dover Public Library Advisory Commission
Mayor Aaron O. Knopf offered the following appointment:
Councilman Irving S. Levitt
Mr. Lambert moved for confirmation of the appointment, seconded by Mr. Daisey and unanimously carried.
Downtown Dover Development Corporation
Mayor Aaron O. Knopf offered the following appointments:
Robert Lambert, Councilman
William F. Hare, Councilman
Reuben Salters, Councilman
Alisa Swain, Assistant City Manager
Tony DePrima, City Planner
Michael Harrington (4/23/95)
Gerald Street (4/23/95)
Wayne Holden (4/23/95)
Mr. Leary moved for confirmation of the committee appointments, seconded by Mr. Levitt and unanimously carried.
Election Board
Mayor Aaron O. Knopf offered the following appointments:
Second District - Michael Keller (5/95)
Fourth District - Beulah Gray (5/95)
Mr. Salters moved for confirmation of the committee appointments, seconded by Mr. Pitts and unanimously carried.
Silver Lake Commission
Mayor Aaron O. Knopf offered the following appointments:
Michael J. Malkiewicz
John Armistead
Edward J. Bennett
Robert Gorkin
John Stith
Sherman L. Townsend
Don S. Knox
Mr. Daisey moved for confirmation of the committee appointments, seconded by Mr. Leary and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of May 11, 1992.
Downtown Redevelopment Code - Appendix C - Article II, Section 3 - Target Area
Mr. Lambert moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Levitt and unanimously carried.
Mr. Leary moved for adoption of the following ordinance, seconded by Mr. Lambert and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Downtown Redevelopment Code, Appendix C, is hereby amended by striking Article II, Section 3 in its entirety and substituting a new section to read as follows:
SECTION 3. "Target area" shall mean that part of the City of Dover more particularly described as follows:
"Beginning at a point at the intersection of the centerlines of Cecil and North State Streets, then continuing on the centerline of North State Street in a southerly direction to the intersection of the centerline of State Street and an extension of the centerline of Delaware Avenue then continuing on the centerline and an extension of the centerline of Delaware Avenue in an easterly direction to the point of intersection of an extension of the centerline of Delaware Avenue and the St. Jones River, then following the centerline of the St. Jones River in a southerly direction to the point of intersection of the center line of the St. Jones River and the southerly property line of lands now or formerly of the Catholic Diocese of Wilmington being the site of Holy Cross Roman Catholic Church, then proceeding in a westerly direction along said property line to the easterly right-of-way line of South State Street (U.S. Route 13-A), then crossing the right-of-way line of South State Street in a westerly direction and joining the centerline of Hope Street and proceeding in a westerly direction to the centerlines of Hope Street and South Governors Avenue, then proceeding in a southerly direction along the centerline of South Governors Avenue to the point of intersection of the centerlines of South Governors Avenue and Dover Street, then proceeding in a westerly direction along the centerline of Dover Street to the point of intersection of the centerlines of Dover Street and Westview Terrace, then continuing in a northerly direction on the centerline of Westview Terrace to the point of intersection of the centerline of Westview Terrace and New Burton Road, then proceeding in a northeasterly direction on the centerline of New Burton Road to the point of intersection of New Burton Road and West Street, then continuing in a northerly direction along the westerly right-of-way line of West Street to the point of intersection of the westerly side of the right-of-way of West Street and the northerly property line of lands now or formerly of Dover Rent-All, Inc., then continuing in a westerly direction along said property line to the point of intersection of said property line and the lands of Conrail Railroad, then proceeding in a northerly direction along the easterly right-of-way line of Conrail Railroad in a northerly direction to the point of intersection of the right-of-way of Conrail Railroad and the northerly property line of lands now or late of Southern States Cooperative, Inc., then proceeding in an easterly direction a distance of 52.76 feet +/- to the northeasterly corner of the lands now or late of Southern States Cooperative, Inc., then proceeding in a southerly direction along the easterly property line of lands now or late of Southern States Cooperative, Inc. to the point of intersection of said property and the centerline of Cecil Street, then proceeding in an easterly direction along the centerline of Cecil Street to the point of beginning, being the point of intersection of the centerline of Cecil and North State Street.
ADOPTED: May 26, 1992
Mr. Leary moved to adjourn into Open Forum, seconded by Mr. Daisey and unanimously carried.
OPEN FORUM
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.
There was no one present wishing to speak during the Open Forum.
Meeting Adjourned at 8:25 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of May 26, 1992, are hereby approved.
AARON O. KNOPF
MAYOR
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