REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 12, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Ms. Bittner and Mr. Catts.
In the absence of the Reverend J. H. Williams, the invocation was given by the Reverend Bagley, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested an addition to the agenda (item #20-F) to discuss a letter from the Air Force Sergents Association and the addition of an agenda item to make announcements of upcoming meetings.
Mr. VanSant requested the addition of letters relative to agenda item #20-B, dealing with trash collection containers.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
PROCLAMATION - CONSTITUTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and
WHEREAS, it is important that all citizens fully understand the provisions, principles and meaning of the Constitution so they can support, preserve and defend it against encroachment; and
WHEREAS, the Bicentennial of the Constitution provides an historic opportunity for all Americans to learn about and to reflect upon the rights and privileges of citizenship and its responsibilities; and
WHEREAS, the President and the Congress of the United States have designated September 17 as Citizenship Day and the week of September 17-23 as Constitution Week; and
WHEREAS, the people of the City of Dover do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, in cooperation with the Commission on the Bicentennial of the United States Constitution, do hereby proclaim September 17 as Citizenship Day and the week of September 17-23 as Constitution Week, and invite every citizen and institution to join in the national commemoration.
PROCLAMATION - WORLD VEGETARIAN DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the American Dietetic Association affirms that a vegetarian diet meets all nutritional needs, and that “most of mankind for much of human history has subsisted on near vegetarian diets”; and
WHEREAS, the Merk Manual, which is the “most widely used medical text in the world,” concurs that populations with a high incidence of colorectal cancer consume diets containing less fiber and more animal protein fat”; and
WHEREAS, vegetarianism is a step toward conserving resources where, for example, an all vegetable diet requires 300 gallons of water as opposed to a mixed plant and animal diet which requires 2,500 gallons of water every day; and
WHEREAS, to this end, World Vegetarian Day celebrates vegetarianism – the abstinence of meat, fish, and fowl.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 1, 1988 as “WORLD VEGETARIAN DAY” IN DOVER, and do urge all citizens to take note of this event.
RESOLUTION - WILLIAM A HAYES - DOVER HOUSING AUTHORITY
By motion of Mr. Christiansen, seconded by Mr. Hall, Council unanimously adopted the following Resolution:
WHEREAS, in order to promote and protect the health, safety, morals and welfare of the public, the State of Delaware and the City of Dover created the Dover Housing Authority in an effort to provided low income citizens with safe and sanitary living accommodations; and
WHEREAS, William A. Hayes has served on the Dover Housing Authority for 18 years on behalf of the City of Dover, having served three consecutive six year terms; and
WHEREAS, William A. Hayes acknowledged the need for adequate housing for all citizens and devoted countless hours towards his contribution to the community by serving as a faithful and dedicated member of the Dover Housing Authority; and
WHEREAS, the most recent term of William A. Hayes expired of August 15, 1988 and he has declined reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere appreciation to William A. Hayes for his untiring devotion to the Dover Housing Authority on behalf of the City of Dover and for the personal sacrifices of time given for the good of the community and welfare of our citizens.
2. The Mayor and Council extend their best wishes to William A. Hayes in his future endeavors.
3. The City Clerk is hereby directed to make this resolution a part of the permanent records of the City of Dover as a symbol of appreciation and gratitude to William A. Hayes.
ADOPTED: September 12, 1988
Mr, Hayes was unable to attend the meeting to accept he Resolution. Mayor Richter expressed appreciation for the many years of dedicated service to the City of Dover by Mr. Hayes.
RESOLUTION - THOMAS C. ROE - ENDORSEMENT OF NOMINATION FOR DISTINGUISHED SERVICE AWARD IN TRUSTEESHIP
By motion of Mr. Christiansen, seconded by Mr. VanSant, Council unanimously adopted the following Resolution:
WHEREAS, Thomas C. Roe, recently retired Chairman of the Wesley College Board of Trustees, has served Wesley College with distinction as a members of the Board since 1977, including seven years as an effective and enthusiastic Chairman; and
WHEREAS, he has provided out standing leadership to help Wesley College achieved high levels of service and to realize its promise as a distinguished institution of higher education; and
WHEREAS, Mr. Roe, a native of Dover, an alumnus of Wesley College (Class of 1931) and retired Chairman of the Board of Delaware Power and Light Company, has brought honor to his alma mater, Wesley College, the City of Dover, and the State of Delaware.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover endorse with enthusiasm that nomination of Thomas C. Roe for the Distinguished Service Award in Trusteeship, given by the Association of Governing Boards.
2. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: September 12, 1988
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 22, 1988
The Minutes of the Regular Council Meeting of August 22, 1988 were unanimously approved by motion of Mr. VanSant, seconded by Mrs. Legates and bore the written approval of Mayor Richter.
PUBLIC HEARING - REZONING - 21 N. STATED STREET - SARA E. HUNN
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 21 N. State street, owned by Sara E, Hunn.
The City Clerk reported that a letter was received from the equitable owner, Muriel Schwartz, requesting that the request for rezoning be withdrawn.
Mr. VanSant moved to acknowledge of the letter of withdrawal, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING - PROPERTY LOCATED ON EAST SIDE OF MIFFLIN ROAD - DEERFIELD SUBDIVISION - VILLAGE BUILDERS, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the east side of Mifflin Road (Deerfield Subdivision) containing approximately 3.85 acres, owned by Village Builders, Inc.
Planner’s Review
The City Planner reviewed the request, stating that the properties in the Deerfield Subdivision that front on Mifflin Road are zoned as R-10. The requested zoning of R-8 is for the purpose of allowing a greater flexibility with side yard setbacks to permit the construction of houses with attached “end load” garages. Mr. Roe stated that the size of the lots has not changed in any way and that the plot plan has been recorded with lot sizes of 10,000 square feet (as required in the R-10 zone). The developer wishes to place the garage doors on the side of the structure rather than in the front which affects the side yard setback. Mr. Roe stated that the change would be aesthetically pleasing to the neighborhood.
The Planning Commission recommended approval of the request to rezone the property from R-10 to R-8.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
There was no one present to speak for or against the rezoning request.
Mayor Richter declared the hearing closed.
Responding to a question by Mr. Weyandt, Mr. Roe stated that driveways will be placed so that each two houses will have two driveways centrally located between them. Answering Mr. Christiansen’s question, Mr. Roe stated that the lot sizes cannot be changed unless the entire subdivision was reviewed under the Subdivision Regulations and a new plot plan was recorded, which would require that a public hearing be held for citizen input.
Mr. VanSant moved for approval of the rezoning request in accordance with the recommendation of the Planning Commission, with the understanding that approval is given on the basis that the lots will remain 10,000 square feet and that the sole purpose of the rezoning is to provide for the necessary side yard setback. The motion was seconded by Mr. Lynn and by a unanimous roll call vote, 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 EAST SIDE OF MIFFLIN ROAD (DEERFIELD SUBDIVISION).
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 R-10 to R-8.
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 R-10 to R-8 on that property located on the east side of Mifflin Road (Deerfield Subdivision), owned by Village Builders, Inc.
ADOPTED: September 12, 1988
PUBLIC HEARING - REZONING - PROPERTY LOCATED ON THE WESTERLY SIDE OF ROUTE #13 - WILLIAM RAYNOR
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the WESTERLY SIDE OF Route #13, owned by William Raynor.
Planner’s Review
The City Planner stated that the owner, William Raynor, owns the existing car wash on Route #13. He is seeking to divide the property into two parcels, one having 150' of frontage which meets the requirements of the C-4 zoning classification. The second parcel, however, will have only a 136' frontage. Mr. Raynor is therefore seeking to rezone the second parcel to a classification of C-2A (Limited Central Commercial Zone) which requires a minimum frontage of only 50'. The rezoning would provide the necessary frontage to develop the property with a proposed motel to be constructed on the site.
The Planning Commission recommended approval of the request to rezone the parcel from C-4 to C-2A.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
There was no one present to speak for or against the rezoning request.
Mayor Richter declared the hearing closed.
Mr. Roe explained the various uses permitted in the proposed C-2A zone, stating that it is more restrictive than the present C-4 zoning classification.
Mr. Weyandt moved to approve the rezoning request in accordance with the recommendation of the Planning Commission. The motion was seconded by Mr. Daisey and by a roll call vote of six (6) yes, two (2) no (Mr. Hall and Mr. VanSant), 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 WESTERLY SIDE OF U.S. ROUTE #13.
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-4 to C-2A.
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-4 to C-2A on that property located on the westerly side of U.S. Route #13, owned by William Raynor..
ADOPTED: September 12, 1988
ANNEXATION REFERENDUM RESULTS - JANE MASSEY DRAPER PROPERTY - ROUTE #8
An annexation request was held on August 25, 1988 for property located on Route #8, containing approximately 155 acres, owned by Jane Massey Draper. As certified by Kent County Election officials, the City Clerk reported the following results:
1 FOR Annexation
0 AGAINST Annexation
Mrs. Legates moved for acceptance of the annexation referendum results as reported, seconded by Mr. Hall and unanimously carried.
Mr. Weyandt moved for approval of annexation of the property into the corporate limits of the City of Dover, seconded by Mrs. Legates. By a roll call vote of seven (7), one (1) no (Mr. Christiansen), 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 after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the 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 East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
All that certain piece of parcel of land situated in the East Dover Hundred, Kent County, State of Delaware, lying on the north side of Delaware Route 8, directly adjacent to and west of the current Corporate Limits of the City of Dover and as described in Kent County Deed Record L, Volume 17 page 27 and Deed Record V, Volume 9, Page 5. Containing 155 acres +/-.
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of thgis resolution be a part of the City of Dover.
4. That the effective date of this Resolution shall be the 13th day of September 1988 at 12:01 a.m. o’clock.
ADOPTED: September 12, 1988
APPOINTMENT - DOVER HOUSING AUTHORITY - CHARLES B. CARTER
Mayor Richter presented the name of Mr. Charles B. Carter for appointment to the Dover Housing Authority for a six (6) year term, expiring on August 15, 1994, replacing Mr. William A. Hayes.
Mr. Christiansen moved for approval of the appointment of Mr. Carter to the Dover Housing Authority, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
APPOINTMENT - PARKS AND RECREATION COMMITTEE
Noting that Mr. Charles B. Carter, just appointed to serve on the Dover Housing Authority, is presently serving as a member of the Parks and Recreation Committee, Mayor Richter presented the name of Mr. John Armistead for appointment to the parks and Recreation Committee. Mr. Armistead is presently Chairman of the Silver Lake Commission and is very interested in recreational activities in Dover.
Mrs. Legates moved for approval of the appointment of Mr. John Armistead to the Parks and Recreation Committee, replacing Mr. Charles Carter. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 23, 1988 with Chairman Christiansen presiding.
Closing of E. Loockerman Street Extended
Stemming from complaints of E. Loockerman Street Extended residents, Council recently took action to make the alley, behind the Edgehill Shopping Center, one-way south. The Safety Advisory Committee considered the idea of barricading E. Loockerman Street Extended eastbound at Edgehill Avenue for a period of six (6) months as a test on its affect in decreasing excessive traffic in this residential area.
Several years ago, the City and residents of Edgehill agreed that, in conjunction with the development of the John Hunn Brown property, the alley would be made one-way and that Loockerman Street would not be a through street. However, the concept could not be carried out since Council did not approve the necessary rezoning for the development of the Brown property.
Members of staff expressed concern with the proposal. Traffic departing the four fast food restaurants exit either east or west onto Loockerman Street Extended. Closing off the eastern direction exit would increase traffic congestion tremendously. Staff recommended that the request be denied at this time, feeling that it is only a matter of time before the access road will be extended through to S. Little Creek Road. The request could be reconsidered at that time.
The committee tabled action on the matter, pending the possibility of the access road being extended through to S. Little Creek Road.
Prohibition of Truck Traffic on Walker Road between Kenton and Saulsbury Roads - William Garfinkel
Mr. William Garfinkel addressed the committee, requesting that truck traffic be prohibited from Walker Road, between Kenton and Saulsbury Roads. Mr. Garfinkel expressed grave concern for car and pedestrian traffic on this portion of Walker Road.
Members of the committee acknowledged the increased truck traffic, stemming predominantly from the increased construction taking place in this area.
Since Walker Road is State maintained, the committee agreed to est up an informal meeting with members of the Safety Advisory Committee and representatives from the State Division of Highways to discuss weight limits and other details concerning Walker Road.
Mr. Christiansen reported that committee members have met with State Highway representatives, discussing traffic problems on Walker Road and on th Kenton Road, as introduced by Dr. Emil Sammak of English Village. A report will be given at the next Safety Advisory Committee meeting for recommendation to Council.
Crosswalks - Mrs. Jean Row
The committee considered a letter from Mrs. Jean Row, requesting approval of crosswalks in the following areas:
Federal Street at William Penn Street } or Federal Street at
Federal Street at Duke of York Street } Liberty Bell
Loockerman Street at Federal Street
State Street at Reed Street
King’s Highway at Reed Street
The committee recommended approval of the placement of crosswalks at the following locations:
1. Federal Street at William Penn Street
2. Federal Street at Duke of York Street
3. Federal Street at Liberty Bell
The committee further recommended that staff continue review of the request for crosswalks at Loockerman Street at Federal Street; State Street at Reed Street; and Kings Highway at Reed Street.
Chief Hutchison reported that crosswalks have been placed as recommended by the committee.
Briefing by Chief of Police
Chief Hutchison reported that the Solicitor has ruled that once a property has been annexed into the City, a plot plan has been approved by the Planning Commission and Council, and the street has been developed, the City of Dover Police Department has the authority to patrol, control, and enforce the traffic regulations prior to formal acceptance of the street.
Dr. Emil Sammak
Dr. Emil Sammak suggested the installation of a sidewalk or jogging/bicycle path along the Kenton Road, from Route # 8 to Walker Road. He also expressed concern relative to the entrance and exit to English Village from the Kenton Road. With the increased traffic on the Kenton Road, Dr. Sammak suggested that an ingress and egress lane be constructed at English Village to provide for safe entry and exit at the complex.
Noting that the Kenton Road is a State maintained road, Mr. Christiansen stated that the committee tabled action pending a meeting with State Highway representatives.
Sandy Mifflin - Hamlet Entrance
A complaint was received from Mrs. Sandy Mifflin of 20 Heritage Drive of vehicles exiting from the new shopping center onto Village Drive. Vehicles exiting in this fashion could be very dangerous to vehicles turning into the Hamlet, also utilizing Village Drive.
After much discussion, it was determined that the Department of Highways designated this area to be utilized as an entrance only. However, the “entrance only” signs have not been erected since the shopping center has not been completed.
Staff suggested that, upon completion of the shopping center, signs or arrows will be placed depicting “entrance only”.
Mr. Lynn moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Daisey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 6, 1988 with Chairman Weyandt presiding.
Dover Parking Authority - City Budget Appropriation
The committee considered a letter from the Dover Parking Authority inquiring as to when the City will disburse the appropriation of $48,000 from the General Fund to the Authority.
After a considerable amount of discussion, the committee recommended acceptance of the budget as previously adopted, allocating $48,000 to the Parking Authority for fiscal year 1988/89.
Mr. Weyandt stated his feeling that much of the controversy surrounding the payment could have been avoided if the appropriation had been made at the beginning of the fiscal year, as approved by Council during budget hearings.
Mr. Weyandt moved for approval of the committee’s recommendation to allocate $48,000 to the Parking Authority. The motion was seconded by Mr. VanSant.
Mr. Hall read the following statement into the record:
“I believe that the message with Council to the Parking Authority last month was clear. I was disappointed to learn that it was not understood or a decision was made to ignore it. I said then, and I say again, I cannot in good conscience vote to approve the granting of taxpayer’s dollars to any committee, commission, authority, or other governmental service organization, when we, the Council, as elected representatives of the citizens, have absolutely no influence over how those funds will be used. It is sad that an arm of our government has the power to impose its will upon the community in the face of citizens’ objections and against the wishes of the City Council, which established it.”
Upon questioning by Mr. Levitt, it was established that the allocation is a one-time payment and does not obligate the City in any way.
On a call for the question by Mr. VanSant, the motion to appropriate $48,000 to the Parking Authority, in accordance with approval of the 1988/89 budget, was approved by a roll call vote of seven (7) yes, one (1) no (Mr. Hall).
Mayor Richter requested that City staff arrange a convenient date for members of Council to meet in a workshop session with members of the Parking Authority, prior to September 19th.
Enhanced 911 Program
The City was advised of legislation approved by the Delaware Legislature requiring the “enhanced 911" system be added to all existing 911 centers in the State of Delaware by January 1, 1989. The enhanced system will enable dispatch centers to track calls, depicting the location from where the call is coming and from what telephone number.
The State Telecommunications Management office is in the process of implementing the “enhanced 911" system. Capital costs and part of the operating costs for the upgrade will be borne by every telephone user in the State of Delaware as part of their base telephone bill.
Prior to the ordering of necessary equipment, the State Telecommunications Management office contacted the City of Dover inquiring of the City’s intentions of establishing a separate 911 center.
The proposal was discussed at length by staff and committee members. Mr. Peter laVenia from the Telecommunications Office explained that the legislation calls for the public utility company (Diamond State Telephone) to provide the service and equipment, submitting a tariff to the Public Service Commission. The tariff will outline recovery of the costs directly from the telephone company subscribers. The program was designed so there would be no initial capital outlay to existing centers. If the City were to fully enroll in their own 911 center, the State would recommend that the tariff include the City of Dover. If Dover declined the establishment of their own 911 center at this time, there could be significant outlay expenditures for conversion in the future. There is some question on the tariff options regarding the ability of a municipality to join the system at a later date.
The City Manager stated that if the City were to establish their own 911 center, in future years as calls increase and needs arise, the City will have to fund the increased operating costs of this center. When Kent Center’s calls increase, the costs are spread over the entire Country.
It was the recommendation of staff that the City continue the present method of operation. Mr. Weyandt relayed that Chief Willson and Chief Hutchison have voiced an interest in the City having its own 911 center since it would give the City more control over its emergency reporting system.
The Legislative and Finance Committee recommended that th City continue the present method of operation with Kent Center.
Mr. Weyandt moved for approval of the committee’s recommendation to continue utilization of the country-wide 911 service, seconded by Mrs. Legates.
Mr. VanSant stated his opinion that this matter should be reviewed by the Safety Advisory Committee since it deals directly with the safety of the citizens of Dover. Mr. Bartolotta explained that the matter was brought before the Legislative and Finance Committee since the proposal entails potential operating increases.
Mr. VanSant reiterated that there are many unanswered questions on the proposal as well as questions on the full impact to the citizens of the City of Dover and suggested that action be delayed for additional discussion before the Safety Advisory Committee.
Mr. Christiansen voiced his support for referral of this matter to the Safety Advisory Committee, feeling additional review is necessary. Mr. Christiansen stated that continued utilization of the Kent Center system will result in the City losing its base of control over its emergency services’ most vital link to the City and the public - the communications link. He stated that the City of Wilmington just recently opened their own 911 center for fire, police and ambulance at their Fire Headquarters. The cities of Seaford and Rehobeth also currently operate their own 911 system. Mr. Christiansen felt that the City of Dover should contact other cities about their systems before making a final decision.
On a call for the question on the motion by Mr. Weyandt, the motion to continue the use of Kent County’s 911 system failed by a vote of five (5) no, three(3) yes (Mrs. Legates, Mr. Lynn and Mr. Weyandt).
Mr. VanSant moved for referral of the issue to the Safety Advisory Committee, seconded by Mr. Daisey and carried with Mrs. Legates and Mr. Weyandt voting no.
Committee to Study City of Dover Personnel Structure
As directed by Council, a list of names was presented to the committee of community leaders to serve on a committee to analyze the administrative functions of city government, as follows:
1. Charge - Study and analyze the administrative functions of city government and suggest ways in which the City can be more effective and/or more efficient. In addition, the committee shall make recommendations on any other subject matter that the City Council refers to them for discussion.
2. Schedule/Time Frame - The committee shall provide written recommendations to the City Council by March 1, 1989.
3. Staff Support - The Dover City Clerk and Dover City Manager shall provide any staff support requested by the committee.
4. Meetings - Meetings will be scheduled by the committee and shall be open to the public.
5. Organization - The committee shall elect its own chairman and shall have the authority to seek out any information from any source it so desires.
Staff requested endorsement of the following organizational guidelines for the Administrative Committee:
1. Mr. Richard Chalfant 2. Dr. William B. DeLauder
3. Mr. Thomas P. Eichler 4. Ms. Lynn Hersey
5. Mr. John Jardine 6. Mr. Dennis E. Klima
7. Mr. Don Monaghan 8. Ms. Judith Roales
9. Mr. Charles Taylor
The committee recommended approval of the proposed committee, adoption of the organizational guideline, and that the committee minutes be distributed to the proposed committee members.
Mr.. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. Lynn.
Mr. VanSant voiced his support for the motion if Council intends to accept the recommendations of the committee. Committee members will spend a great deal of time to accomplish the wishes of Council in reviewing the personnel structure. Mr. VanSant urged members of Council to listen to the recommendations of the committee, unlike past situations where recommendations from Council subcommittees have been disregarded.
Mrs. Legates complimented the proposed members of the committee, stating her highest respect for every member. She voiced concern, however, that either the committee or Council will be embarrassed if Council should disregard their recommendations. Mrs. Legates stated that if Council feels that the present system is not working properly, then it is Council’s duty to review the structure and should not delegate this job to another body.
Mr. Levitt suggested that members of Council look at the proposal in a positive light. He stated that the City has experienced great economic and social changes since adopting of the original Charter and that it deserves a review for possible means of enhancement.
Mayor Richter stated his feeling that members of Council objecting to this committee should have voiced their objections prior to formation of the committee.
On a call for the question by Mr. Christiansen, the motion was carried by a vote of seven (7) yes, one (1) no (Mrs. Legates).
Appeal of Farmland Roll Back Ordinance - Konschak Farm
Council amended its Code, Chapter 19.5, Section 19.5-17 on March 14, 1988 to allow for the collection of five (5) years of farmland roll back taxes. To allow time for existing sales contracts to come to settlement, the actual collection of the five year roll back did not begin for 90 days. The five year collection began on June 15, 1988.
The committee considered an appeal of the ordinance from Mrs. Konschak who contends that she signed a sales contract on April 15, 1988, before the actual collection of the five year roll back. Settlement of the Konschak property was on July 28, 1988.
It was felt by the committee that no action is necessary. When the ordinance was adopted to change the collection from two years to five years for farmland roll back taxes, effective March 15, 1988, Council took into consideration existing sales contracts and established a grace period of 90 days, delaying the actual five year collection until June 15, 1988. Mrs. Konschak’s circumstances does not fall within the grace period.
Mr. Lucas reported that he has notified Mrs. Konschak’s attorney of the committee’s recommendation.
Amendment to Police Pension Ordinance, Section 18-47 - Retired Members Eligible to Serve on Retirement Committee
The Police Pension Committee recommended an amendment, concerning the future structure of the Board, to section 18-47 of the Police Pension Ordinance. Police officers hired on or after September 1, 1982 are covered under the State Pension Plan. The present Police Pension Board governs those officers hired before that date.
The present ordinance requires the election of three (3) representative members from the Police Department. Actively employed officers, hired prior to September 1, 1982, are considered eligible to serve on the Police Pension Board. As current Police officers retire, the number of members eligible to serve diminishes. Upon review of the matter, the Solicitor determined that there is nothing in the present pension ordinance which precludes retired members from participating in the elections and serving on the board. By request of the Pension Board, the Solicitor drafted an amendment to the ordinance to clarify the matter.
Mr. Levitt reported that the Police Pension Board voted unanimously for approval of the amendment.
By motion of Mr. Levitt, seconded by Mr. Hall, Council adopted the following ordinance by a unanimous roll call vote:
Section 18-47 Members Generally
The retirement committee shall consist of two (2) elected city officials, the city manager, the chief of policy and three (3) members or retired members of the plan.
(1) The city manager and chief of police will serve on the retirement committee by virtue of their respective offices and positions with the city.
(2) The three (3) members or retired members of the plan shall be elected by members of the plan subject to confirmation of a voting majority of the City Council.
(a) Such election shall be for three (3) staggered terms, beginning with the first of February and ending with the last day of January three (3) years later. A regular election for filling these positions will be called by the chief of police during the month of January each year.
(b) If an unscheduled vacancy should occur among the elected members, a special election shall be called for the purpose of filling the remainder of such term. Such election shall be called by the chief of police within sixty (60) days of the occurrence of such vacancy.
(3) The two (2) elected city officials shall be appointed by the mayor, subject to confirmation of a voting majority of the city council at its annual meeting.
(4) Any elected official serving on the committee shall be removable only by a three-fourths vote of the city council excluding any elected official under consideration, after written notice shall have been given the member being considered for removal at a reasonable time prior to proceeding, stating the time, and date of the removal proceeding.
ADOPTED: September 12, 1988
Constitution Place Change Order
The committee reviewed the Constitution Place change orders and suggested that a meeting be held with the Legislative and Finance Committee and the Engineer of the Project prior to payment of the final bill.
Mr. Christiansen moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mrs. Legates and unanimously carried.
REZONING REQUEST - 556 GREENHILL ROAD - C. HAZELL & GALDYS A. PARADEE
A request was received ro rezone property located at 556 Greenhill Road, owned by C. Hazell and Gladys A. Paradee.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Christiansen, seconded by Mrs. Legates, Council unanimously referred the request to the Planning Commission 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 556 Greenhill Road are presently zoned for R-10 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 November14, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-10 to C-1A that property located at 556 Greenhill Road, owned by C. Hazell and Gladys A. Paradee.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 12, 1988
REZONING REQUEST - 861 SILVER LAKE BOULEVARD - SILVER LAKE PLAZA ASSOCIATES
A request was received ro rezone property located at 861 Silver Lake Boulevard, owned by Silver Lake Plaza Associates.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mrs. Legates, seconded by Mr. Hall, Council unanimously referred the request to the Planning Commission 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 861 Silver Lake boulevard are presently zoned for RG-0 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 November14, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-0 to I0 that property located at 861 Silver Lake Boulevard, owned by Silver Lake Plaza Associates.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 12, 1988
REZONING REQUEST - WESTERLY SIDE OF ROUTE #113 - WILLIAM C. AND DORIS J. TORBERT
A request was received to rezone property located on the westerly side of Route #113, approximately 770' south of River Road, owned by William C. and Doris J. Torbert.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mrs. Legates, seconded by Mr. Lynn, Council unanimously referred the request to the Planning Commission 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 on the west side of U.S. Route #113, approximately 770' south of River Road, are presently zoned for RG-2 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 November14, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-2 to C-4 that property located on the west side of U.S. Route #113, owned by William C. and Doris J. Torbert.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 12, 1988
REZONING REQUEST - 748 S. STATE STREET - EDWARD F. AND HARRY K. HEITE
A request was received ro rezone property located at 748 S. State Street, owned by Edward F. and Harry K. Heite.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lynn, seconded by Mr. Christiansen, Council unanimously referred the request to the Planning Commission 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 748 S. State Street 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 November14, 1988 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 748 S. State Street, owned by Edward F. and Harry K. Heite.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 12, 1988
REZONING REQUEST - 200 N. NEW STREET - CAROL GUERKE
A request was received to rezone property located at 200 N. New Street, owned by Carol Guerke.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr., Christiansen, seconded by Mrs. Legates, Council unanimously referred the request to the Planning Commission 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 200 N. New Street are presently zoned for C-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 November14, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-1 to C-2 that property located at 200 N. New Street, owned by Carol Guerke.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 12, 1988
CORRESPONDENCE
WBOC-TV - “Image Building” Commercial