Regular City Council Meeting
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Jun 10, 1991 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 10, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hare, Daisey, Pitts, Salters, Weyandt and VanSant. Councilmen Lynn and Levitt were absent.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.

The invocation was given by Father Kauffman, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Weyandt moved for approval of the agenda, seconded by Mr. Hare and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 28, 1991

The Minutes of the Regular Council Meeting of May 28, 1991 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Daisey and bore the written approval of Mayor Richter.

PRESENTATION - LARRY N. MCALLISTER

During the Council Meeting of May 28, 1991, Council adopted a Resolution for Larry N. McAllister. Since Mr. McAllister was unable to attend that meeting, Mayor Richter presented the Resolution as well as a print of The Green to Mr. McAllister in appreciation of the time given to the City of Dover while serving on the Parking Authority. Mayor Richter conveyed his appreciation to Mr. McAllister for the many hours of personal time that he devoted on behalf of the City of Dover. Mr. McAllister stated that his time on the Parking Authority was a learning experience and he thanked Mayor and Council for the opportunity.

PRESENTATION - WATER TASTE TEST - AWWA

The City of Dover recently won First Prize in the Water Taste Test of the Chesapeake Section of the American Water Works Association. Mayor Richter presented the plaque to City Manager Worley and Public Works Director Scrafford.

RESOLUTION - SCOTT ELLIS AND MORGAN WAGNER

By motion of Mr. VanSant, seconded by Mr. Salters, Council unanimously adopted the following Resolution:

WHEREAS, we are more aware than ever before of the important role which leisure activities will have in our future lives and in the lives of our children; and

WHEREAS, the City of Dover offers an impressive array of recreational facilities and leisure-time activities; and

WHEREAS, feeling that the City of Dover could benefit from the input of students on matters of recreation relating to our young citizens, two high school seniors, Morgan Wagner of Dover High School and Scott Ellis of Caesar Rodney High School, were selected to serve on the Parks and Recreation Committee on May 29, 1990; and

WHEREAS, Morgan Wagner and Scott Ellis have attended several committee meetings, relaying ideas and suggestions of fellow students relative to their recreational needs; and

WHEREAS, the accomplishments and devotion of Morgan Wagner and Scott Ellis deserve recognition and commendation.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their sincere gratitude to Morgan Wagner and Scott Ellis for their contribution to the City of Dover.

ADOPTED: June 10, 1991

Ms. Wagner and Mr. Ellis thanked the members of Council for the opportunity to serve on the Parks and Recreation Committee, stating that it was an educational experience for them. As chairman of the committee, Mr. Daisey presented them with a small gift in expression of his appreciation for their input.

PROCLAMATION - FLAG DAY

The following Proclamation was issued by Mayor Richter:

WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and

WHEREAS, by Act of Congress dated August 3, 1949, June 14th of each year was designated "NATIONAL FLAG DAY"; and

WHEREAS, the Congress had requested the President to annually issue a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and

WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14th; and

WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and

WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all.

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 14, 1991, as Flag Day in the City of Dover and urge all citizens to pause at 7:00 P.M. on this date for the eleventh annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation.

PUBLIC HEARING - REZONING - WILLIAM G. BUSH, III

A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of South Governors Avenue (410' +/- south of Dover Street), consisting of 0.5393 +/- acres of land. The property is owned by William G. Bush III.

Planner's Review

The City Planner reviewed the existing land uses in the vicinity of the property, summarizing that service commercial and retail uses have congregated along the frontage areas of S. Governors Avenue in this vicinity, with single family residential development occurring further to the east and west of this arterial roadway. The Comprehensive Plan shows this area to be utilized for low density residential uses. The applicant requests rezoning of the property to permit the construction of a building to house a pharmacy/drug store business. The Planning Commission views the request as a down zoning (less intensive zoning category).

The Planning Commission recommended approval of the rezoning request, but expressed the following concerns:

    -   The Site Plan shall incorporate features for an improved streetscape along the frontage of this property including provisions for green space, street tree plantings, parking lot screening and sidewalk.

    -   Equally important will be the need to provide significant landscape buffering between this site and the developing single family properties adjacent and to the west of this site which front on Monroe Terrace.

    -   The design elements mentioned above in concert with the C-1A Parking Requirement of 1.5 parking spaces per 300 sq. ft. of floor area may represent limitations in terms of the size of building which this property can adequately accommodate.

Mr. Cregar explained that the above concerns will be addressed during Site Plan Review by the Planning Commission.

Council President Christiansen declared the hearing open.

Mr. Tom Burns of Burns & Ellis Realty was present, representing William G. Bush III, and urged approval of the rezoning request.

Council President Christiansen declared the hearing closed.

Mr. Weyandt moved for approval of the rezoning request in accordance with the D.A.C. comments and the recommendations of the Planning Commission. The motion was seconded by Mr. VanSant and by a unanimous roll call vote (Mr. Levitt and Mr. Lynn absent) Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF SOUTH GOVERNORS AVENUE, SOUTH OF THE INTERSECTION OF DOVER STREET AND SOUTH GOVERNORS AVENUE

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-3 (Service Commercial) to C-1A (Limited Commercial).

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.  That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-3 (Service Commercial) to C-1A (Limited Commercial) on that property located on the west side of South Governors Avenue, south of the intersection of Dover Street and South Governors Avenue, owned by William G. Bush III.

ADOPTED: June 10, 1991

PUBLIC HEARING - INDUSTRIAL PARK MANUFACTURING ZONE

A public hearing was duly advertised for this time and place to consider an amendment to the Industrial Park Manufacturing district.

Planner's Review

The City Planner explained that the amendment would provide the development the opportunity to allow for public parks, playgrounds, and recreation facilities to be included in those public uses that are permitted in the IPM zone. Site Development Plan Approval would still need to be addressed in accordance with the Planning Commission's regulations as set forth in the Zoning Ordinance. The Planning Commission recommends approval of the amendment.

Council President Christiansen declared the public hearing open.

There was no one present wishing to speak for or against the amendment.

Council President Christiansen declared the public hearing closed.

Mr. Weyandt moved to acknowledge the final reading by title only, seconded by Mr. Salters and unanimously carried. The final reading of an amendment to Appendix B, Article 3, Section 20-14 of the Dover Code - Industrial Park Manufacturing Zone was accomplished.

Mr. Weyandt moved to approve the amendment to Appendix B, Article 3, Section 20-14 of the Dover Code as recommended by the Planning Commission. The motion was seconded by Mr. Daisey and by a unanimous roll call vote (Mr. Levitt and Mr. Lynn absent), Council adopted the following ordinance:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

Amend the Dover Code Appendix B, Article 3, Section 20 - Industrial Park Manufacturing Zone (IPM), Subsection 20.14 by adding the following:

..."public parks, playgrounds and recreational facilities"...

Section 20.14 to read:

Business, professional or administrative offices; banks, retail and service establishments, hotels, motels and restaurants, motor vehicle service stations, subject to the regulations of Article 3. Section 15.15; public parks, playgrounds, and recreational facilities and public utility uses; provided, however, that all of the uses specified herein except business, professional or administrative offices, public parks, playgrounds and recreational facilities and public utility uses, shall only be located upon a thoroughfare, arterial street....

ADOPTED: June 10, 1991

APPOINTMENT - WILLIAM L. WITHAM, JR. - DOVER PARKING AUTHORITY

Mayor Richter requested confirmation of the appointment of William L. Witham, Jr. on the Dover Parking Authority to fill the seat vacated by Larry McAllister. The term of office is a five year term, to expire on May 13, 1996.

Mr. Weyandt moved for confirmation of the appointment, seconded by Mr. Salters and unanimously carried.

APPOINTMENT - STUDENT LIAISON MEMBERS - PARKS AND RECREATION COMMITTEE

Council President Christiansen requested the appointment of the following student liaison (non-voting) members to the Parks and Recreation Committee:

    Dover High School       -   Shalisa Walls

    Caesar Rodney High School-   Paul Engstenberg, Jr.

Mr. VanSant moved for confirmation of the above appointments, seconded by Mr. Daisey and unanimously carried.

PROPERTY ASSESSMENT APPEALS REPORT

The Property Assessment Appeals Committee received formal property assessment appeals on June 3, 1991 with Councilman Weyandt serving as Chairman and Councilmen Pitts and VanSant serving as members. The Property Assessment Appeals Committee made the following recommendations:

Kent General Hospital Inc.

701 S. Governors Avenue

 

              Value Appealed          -   261,900

              Committee Recommendation-   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Presbyterian Homes, Inc.

16+ acres - State College Road

              Value Appealed          -   271,000

              Committee Recommendation -   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Victory Christian Fellowship, Inc.

18 Greenhill Avenue

 

              Value Appealed          -   367,700

              Committee Recommendation-   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Victory Christian Fellowship, Inc.

Lots 63-64 N. Edgehill Avenue

              Value Appealed          -   29,400

              Committee Recommendation-   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Joe L. Pinson

88 Pine Valley Road

              Value Appealed          -   212,800

              Committee Recommendation-   191,300

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. VanSant and unanimously carried (Mr. Levitt and Mr. Lynn absent).

General Foods Plant

North Street

              Value Appealed          -   43,060,000

              Committee Recommendation-   No Change

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Walter W. II and Tammy A. Adkins

20 Patriot Drive

              Value Appealed          -   133,800

              Committee Recommendation-   No Change

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. VanSant and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Charles A. Jr. & Goldie K. Legates

223 N. State Street

              Value Appealed          -   115,200

              Committee Recommendation-   No Change

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Norman & Gladys Wilkerson

488 Fiddlers Green

              Value Appealed          -   101,700

              Committee Recommendation-   No Change

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Lance Bartel

219 - 221 N. State Street

              Value Appealed          -   118,800

              Committee Recommendation-    95,700

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Downtown Dover Development Corporation

120 S. Governors Avenue

              Value Appealed          -   475,000

              Committee Recommendation-   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Union Baptist Church

Lot #37 Bertrand Drive

              Value Appealed          -   16,300

              Committee Recommendation-   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Union Baptist Church

106 Millcreek Drive

              Value Appealed          -   92,300

              Committee Recommendation-   Exempt

Council President Christiansen declared the hearing open.

There was no one present wishing to speak during the hearing.

Council President Christiansen declared the hearing closed.

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried (Mr. Levitt and Mr. Lynn absent).

Mr. Weyandt moved for approval of the Property Assessment Appeals Report for the year 1991/92, seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Levitt and Mr. Lynn absent).

ANNOUNCEMENT - SPECIAL COUNCIL MEETING

Two members of Council were unable to attend the June 10, 1991 Council Meeting, when Council was to consider budget approval. Due to the importance of this subject, Mayor Richter scheduled a Special Council Meeting for June 18, 1991 at 7:30 p.m. to consider the setting of the tax rate and approval of the City's 1991/92 budget.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on May 29, 1991 with Chairman Weyandt presiding.

Request to Waive Smoking Regulations at Dover Bowl - K.C. Sheth

A request was received from Dover Bowl to waive the smoking regulations for their facility on the basis of economic hardship. They have been informed by members of the bowling leagues that if smoking is prohibited, they will not continue to utilize Dover Bowl. The owners of Dover Bowl reminded committee members that Dover Bowl is the only facility of its kind within the City limits. The two bowling alleys located just outside the City limits are not required to abide by the smoking regulations. Patrons of Dover Bowl have threatened to utilize the two bowling facilities outside the City limits if the smoking ban is instituted at Dover Bowl. The owners of the facility informed the committee that if the Dover Bowl lost its league bowlers, the direct and indirect revenue they generate would have an adverse effect on this business. (The Dover Bowl's financial statements were reviewed by the committee.)

The committee recommended that Council grant an exception to the smoking regulations ordinance, Section 14-15 of the Dover Code, in accordance with subsection (e)3 (Violations and Penalties - Appeal to Council), for the Dover Bowl, stipulating that non-smoking be encouraged and that they attempt to separate smokers and non-smokers when possible.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters.

Mr. Daisey explained that he agrees with the motion since the owners have agreed to do everything reasonably possible to facilitate the separation of non-smokers and smokers and will look into the possibility of installing smoke eaters. Since this is the only facility of its kind in the City limits, Mr. Daisey feels that a financial hardship could be incurred if the requirements are not waived.

Members of Council stated that this action should not be construed to be precedent setting, reiterating that each exception will be judged on its merits.

The motion to approve the committee's recommendation was approved by a unanimous roll call vote (Mr. Levitt and Mr. Lynn absent).

Bids - Senior Surrey Bus

Bids were solicited for a Senior Surrey bus for fiscal year 1991/92. The bus will be a 1991 Ford with a diesel engine and will be a wheelchair equipped vehicle. The vehicle will be paid for by the Delaware Transportation Authority. The committee recommended that the bid be awarded to the low bidder, Chesapeake Bus and Equipment Co., in the amount of $31,500.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey and carried by a unanimous roll call vote (Mr. Levitt and Mr. Lynn absent).

Bids - Radio Maintenance Contract

Bids were requested for the annual radio maintenance contract to cover repairs and maintenance of all City radio communication equipment, including labor and parts, installation and removal of mobil units, and an annual preventive maintenance check on all units. It requires 24 hours a day, 7 days a week service for the base stations with a guarantee that the base stations will be back in service within 24 hours and all other equipment within two working days.

The committee recommended that the annual radio maintenance contract, for the period of July 1, 1991 - June 30, 1992, be awarded to the low bidder, Motorola, at a projected total of $26,319.60.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. VanSant and carried by a roll call vote of six (6) yes, one (1) no (Mr. Christiansen) and two absent (Mr. Levitt and Mr. Lynn).

Target Block Program

Council has determined that neighborhood appearance and vitality is a major issue for the City of Dover; therefore, staff developed the neighborhood target block concept. During their Regular Meeting of November 12, 1990, Council endorsed the target block program and directed staff to submit blocks for consideration with projected budgets for possible inclusion in the FY 91/92 budget.

Members of the committee were provided with a detailed report on the target block program. Ms. Swain explained that the program will require community participation. Should Council approve the target block program concept, it was suggested that public hearings be held. Staff recommended implementation of the Target Block Program effective in FY 91/92 and that a priority block list for future program years be developed.

The committee tabled action on the program, pending approval of the 1991/92 budget.

Mr. Weyandt moved for approval of the committee's action, seconded by Mr. Hare

and unanimously carried.

City Manager's Monthly Report

In reviewing the fuel adjustment, Mr. Weyandt moved that the Utility Committee review the concept of creation of a minimum balance for the account. The motion was seconded by Mr. VanSant and unanimously carried.

Budget Review

Mr. Weyandt reported that the committee reviewed the budget and recommended that there be no tax increase and that the necessary funds be transferred from the Electric Fund to the General Fund in order to balance the budget.

Noting that Mayor Richter has set a special meeting for June 18, 1991 to consider budget approval, Mr. Weyandt stated that he would make no motion on the matter at this time.

Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Hare.

Responding to questions by Mr. VanSant, Mr. Rodriguez stated that acceptance of the report would not constitute approval of the motion relating to the budget since Council did not officially act on this item.

The motion to accept the report was unanimously approved.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on May 30, 1991 with Chairman Daisey presiding.

Petition - Noise From New Street Ball Park

Residents from Monroe Terrace, Sunset Terrace and Westview Terrace submitted a petition requesting the relocation of the basketball court and softball field at the Dover and New Street Park to another location away from residential areas. Residents have experienced problems with ball players of drinking of alcoholic beverages, unpleasant language, loitering before and after games and lights from the field staying on until late hours of the evening.

Noting that several steps have been taken to alleviate such problems, staff recommended that prior to action, the Parks and Recreation Department work with the managers of the leagues to find a solution to the problems.

The committee recommended that the Parks and Recreation Department implement rules and regulations as guidelines for the leagues to follow, stipulating that staff report back to the committee if the results are not favorable.

Mr. Hare requested that the minutes be amended, stating that the committee directed that staff report back to the committee within 30 days on this matter. Mr. Worley informed Council that staff will report on this matter at the next committee meeting.

Mr. Hare reported that he recently received telephone calls from residents at 11:30 p.m. complaining that the ball field lights were still activated. Mr. Worley assured Council that this problem will be addressed and a report submitted to the committee at its next meeting.

Mr. Daisey moved that staff implement rules and regulations as guidelines for the leagues to follow and that this information be submitted to the committee for review within 30 days. The motion was seconded by Mr. Pitts and unanimously carried.

Open Space Requirement - State College Road - Lands of Kishor C. Sheth

Karins and Associates, Inc., submitted a conceptual subdivision plan for lands of K.C. Sheth located along the south side of State College Road, directly across from Oakmont Drive of the Fox Hall Subdivision. The proposed site is undeveloped, largely wooded and contains 1.45 +/- acres which have been determined by the project engineer to be upland wetland areas. The plan proposes the construction of a cul-de-sac which would provide access to eight (8) residential lots to be created by this plan. The plan also reflects provisions for 1.15 +/- acres of Neighborhood Open Space.

The Planning Commission, because of the small acreage of wetland characteristics of the proposed area, recommended that this land not be accepted as fulfillment of the Neighborhood Open Space Requirement. The Planning Commission recommended the acceptance of the 10% cash-in-lieu of land donation, in the amount of $3,300.

The committee recommended acceptance of the cash-in-lieu of land in the amount of $3,300 as recommended by the Planning Commission.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a roll call vote of six (6) yes, one (1) no (Mr. Christiansen) and two (2) absent (Mr. Levitt and Mr. Lynn).

Puncheon Run Connector

Mr. VanSant informed committee members that the City of Dover has gone on record as opposing the Puncheon Run Connector. He stated that the City opposed the connector due to: 1) the potential damage to wetlands crossing the St. Jones River Greenway; and 2) the potential cost of the utilities. He requested that the City of Dover take a look at the St. Jones Greenway from the view point of the Puncheon Run Connector. Mr. VanSant felt that a four lane bridge and a roadway in the area of Laurel Drive and the area south of the current bridge would be devastating to the wetland area and the concept of the Greenway.

Chairman Daisey assured Council that the committee would review this matter.

Update - Phase II - Silver Lake Restoration Project

Ms. Nancy Gogin of the Department of Natural Resources and Environmental Control, gave a brief presentation of the current status of the Silver Lake Restoration Project. Ms. Gogin stated that a state grant has allowed for a consultant (F.X. Browne) to perform an analysis of the lake and watershed.

Ms. Marlene Miller gave an overview of the water use plan for Silver Lake, stating that F.X. Browne will be involved in two tasks of the project: 1) the development of the water use plan; and 2) project documentation.

The Parks and Recreation Department will be responsible for the education portion of the Phase II, Silver Lake Restoration Project. The Parks and Recreation Department will also increase public awareness and encourage residential support by advertisements, fliers and public hearings.

Information was also given from representation of the DNREC - Urban Stormwater, and from the Kent Conservation Project detailing the agricultural aspect of the Phase II project. Comments and questions were received from the public.

Referring to a statement in the minutes that "no current life exists in the St. Jones River", Mr. Knox reported that the statement relates only to a tributary in the northwest quadrant of the watershed that showed no form of fish life. The statement does not refer to the St. Jones River.

Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report as corrected, seconded by Mr. Weyandt and unanimously carried.

Mr. Weyandt moved to adjourn into the Open Forum and then into executive session to discuss personnel and legal matters. The motion was seconded by Mr. Hare 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.

Tony Galla - 925 Woodcrest Drive

Mr. Tony Galla informed Council that parking restrictions on Kings Highway, behind the Dinner Bell Inn, restrict parking to two (2) hours, except on Sunday and holidays. He has been told that the parki