Regular City Council Meeting
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Jun 13, 1988 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 13, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Christiansen, Levitt, Weyandt and VanSant. Councilman Lynn was absent.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Roe, Mrs., Green and Mr. Rodriguez.

The invocation was given by the Reverend J. H. Williams, Council Chaplain.

AGENDA ADDITIONS/DELETIONS

Mayor Richter requested the addition of a petition received on the proposed Water Street parking lot as item #15-F under correspondence.

Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. VanSant and unanimously carried.

RESOLUTION - DR. EVA ADAMS

By motion of Mrs. Legates, seconded by Mr. Hall, Council unanimously adopted the following Resolution:

WHEREAS, Dr. Eva Adams has served on the City of Dover Library Commission since March 26, 1984; and

WHEREAS, AS HER TERM OF OFFICE COMES TO AN END, THE Mayor and Council extend their sincere appreciation to Dr. Adams for the valuable contribution she has made to our community through her commitment to the City of Dover Library; and

WHEREAS, while serving on the Library Commission, Dr. Adams was a part of the library expansion and renovation, enhancing the atmosphere of the library facilities for its users; and

WHEREAS, during Mr. Adams’ tenure the Commission expanded its programs, with special emphasis placed on children’s programs, resulting in an interesting and fun place to read and learn for the youth of our community; and

WHEREAS, the term of office of Dr. Eva Adams will expire on June 16, 1988.

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 gratitude to Dr. Eva Adams for her dedicated service to the City of Dover Library Commission and for the many contributions made by Dr. Adams on behalf of the citizens of Dover.

2. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover in recognition of their appreciation to Dr. Eva Adams.

ADOPTED: June 13, 1988

RESOLUTION - MORRIS CORRECTIONAL INSTITUTION

Bu motion of Mr. VanSant, seconded by Mr. Hall, Council unanimously adopted the following resolution:

WHEREAS, the inmates of the Morris Correctional Institution in Dover have provided an invaluable service to our community in maintenance and beautification over the years; and

WHEREAS, the administration and staff of the Morris Correctional Institution have been ready to respond to the needs of the City in the event of an emergency.

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

1. That the Mayor and Council extend a most sincere “thank you” to Warden Robert Snyder, his staff, and the inmates of the Morris Correctional Institution for the fine services given and their continued support to the citizens of Dover.

2. That the Mayor and Council direct the City Clerk to make this resolution a part of the permanent records.

ADOPTED: June 13, 1988

Mr. VanSant stated that during his two years of working with the Adult Bureau, he had the pleasure of working with Warden Snyder whom he feels has done an outstanding job for Morris Correctional Institution.

Mr. Hall presented the resolution to Warden Robert Snyder and stated his pleasure in working with him.

Warden Snyder thanked Chief Hutchison for the cooperation between the Police Department and the Morris Correctional Institution. He stated his sincere hope that they can continue to work in such a manner to benefit the entire community.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING MAY 23, 1988

The minutes of the Regular Council Meeting of May 23, 1988 were unanimously approved by motion of Mr. Christiansen, seconded by Mrs. Legates and bore the written approval of Mayor Richter.

PUBLIC HEARING - REZONING REQUEST FOR PROPERTY LOCATED ON THE NORTHEASTERLY SIDE OF COUNTY ROAD #104 - CITY OF DOVER

A public hearing was duly advertised for this time and place to consider the rezoning of property located on the northeasterly side of County Road #104, owned by the City of Dover.

Mayor Richter informed Council that the request has been withdrawn.

PUBLIC HEARING - REZONING REQUEST FOR PROPERTY LOCATED ON SOUTH WEST STREET - CITY OF DOVER

A public hearing was duly advertised for this time and place to consider the rezoning of property located on S. West Street, owned by the City of Dover.

Mayor Richter declared the hearing open.

The Assistant City Clerk reported that no correspondence was received on the proposed rezoning.

Mayor Richter declared the hearing closed.

Mr. Weyandt moved that the rezoning request be approved as recommended by the Planning Commission, seconded by Mr. VanSant and by a unanimous roll call vote (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 SOUTH WEST STREET.

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 RG-0 to C-3.

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 RG-0 to C-3 on that property located on S. West Street, containing approximately .796 acres, owned by the City of Dover.

ADOPTED: June 13, 1988

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on May 24, 1988 at 7:00 p.m. with Chairman Christiansen presiding.

Speeding in Alleys - Jerome Hill

The committee considered a letter from Mr. & Mrs. Jerome Hill of 95 Morris Drive relative to speeding in alleys and its possible hazards to small children playing in their yards, in close proximity to the alleys.

Mr. and Mrs. Hill suggested that the City install speed bumps to deter speeding. Staff recommended that speed bumps not be used due to possible damages to City equipment used for trash collection, snow removal and emergency vehicles.

Chief Hutchison suggested the use of officer surveillance to address the problem of speed control in alleys.

The committee recommended that the matter be referred to the Police Department for action.

Stop Sign on Nimitz Road at Garfield Drive - Roy Bogus

The committee considered a suggestion made at a recent Quarterly Open Town Meeting for the installation of a stop sign at Nimitz Road at Garfield Drive.

In accordance with Section 13-6 of the City Code, the request was reviewed by the Chief of Police and City Manager.

The committee was informed that the stop sign has been erected as requested. It was also noted that all similar requests from citizens will be reviewed by the Chief of Police and the City Manager for appropriate action. Should the citizens not be satisfied with the result, then they will go through the Safety Advisory Committee.

Chairman Christiansen stated that, to expedite matters, all future citizen inquiries and complaints related to traffic problems should be referred directly to the Chief of Police.

Left Turn Signals - Roy Bogus

Mr. Roy Bogus addressed the committee on the need for left turn signals on Division Street for vehicles traveling east or west. He stated that a left turn is prohibitive since there is no left turn traffic signal although the left turn lanes are designated.

The committee recommended that the matter be referred to the City Manager to request that the State Transportation Department evaluate the traffic flow in the general area of Division Street for further review by the committee.

Traffic Hazard - Long Point Road

The committee discussed a traffic hazard on Long Point caused by an overgrowth of weeds that impair the visibility of motorists.

Noting that Long Point Road is a State maintained road, it was requested that Mr. Roe inquire into the possibility of the State procuring funds to have that overgrowth cut back. He will report any action to the committee.

Briefing by Chief of Police

Chairman Christiansen stated that all future Safety Advisory Committee agendas will list an item for a briefing by the Chief of Police. By request of Chief Hutchison, all citizen complaints received by members of Council should be referred to the Police Department for appropriate action, enabling such problems to be solved more quickly and efficiently. Should a problem arise that cannot be solved at the staff level, the matter will then be referred to the committee for review.

A monthly briefing by the Chief of Police will enable citizens present and members of Council to be kept abreast of any problems that are going on in the City.

Parking of Truck on Woodcrest Drive

Members of the committee had received complaints of a commercial vehicle parked on a residential street, which residents feel is blocking the vision of oncoming vehicles. The City ordinances permit on-street parking of commercial vehicles weighing up to one ton. The vehicles in question is a one ton vehicles and is parked on Woodcrest Drive.

Noting that the truck is legally parked, Mr. Weyandt offered to talk with the owner of the vehicle in an attempt to have him park it in a more suitable location.

Chairman Christiansen informed Council that, with a personal call by Mr. Weyandt, this problem has been resolved.

Mr. VanSant moved for adoption of the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on May 24, 1988 at 7:30 p.m. with Chairman Legates presiding. Thge committee introduced and welcomed the new member to the committee, Mr. Charles Carter.

Williams Park - Toilet Facilities

The committee considered a suggestion made by Mr. Roy Bogus during the last Quarterly Open Town Meeting, to install restroom facilities in Williams park, located off Nimitz Road.

During his recent City Council campaign, Mr. Bogus discovered that users of the Williams Park are utilizing the woods for toilet facilities due to the lack of restrooms.

The City currently provides restrooms at Silver Lake, Dover Park, and two softball fields where the City softball league plays, all of which draw large crowds on a regular basis from the first of May through labor Day. Mr. Knox, Director of Community Services, explained to the committee that it has not been the City’s policy to provide restroom facilities for neighborhood parks and playlots due to the rental costs for a protable facility, the smaller number of people using the park on a regular basis, and the close proximity of the park to the user’s home.

Referring to the vandalism and destruction incurred to restroom facilities in parks, it was felt that placement of portable units would only increase the vandalism problem due to the fact that there is usually no adult supervision in small, neighborhood parks.

The committee recommended that the restroom facilities not be provided at Williams Park at this time, stipulating that staff monitor the use of the park for reconsideration by the committee if increased use should warrant it.

Request for Remote Control Car Truck

The committee considered a request, by Mr. Donald Jacobs on behalf of Dover R/C’s, for the City’s assistance in obtaining land so that a track could be built for organized remote control car racing. The land would need to be at least 80' x 80', with available parking. The club would provide liability insurance.

The Dover R/C’s Club, consisting of approximately 50 members with ages ranging from 10 to 50 years old, is concerned with the young people currently playing with their remote cars in streets and in parking lots which is very dangerous.

Several alternatives were discussed by the committee. Staff recommended that they be authorized to work with the Dover R/C’s Club to gather more details on what facilities are needed, possible sites, legal ramifications on leasing land to the club, etc.

The committee recommended that staff be authorized to investigate the request for a full report to the parks and Recreation Committee.

Mrs. Legates moved for approval of the committee’s recommendation for staff to be authorized to investigate the request for a full report back to the committee, seconded by Mr. Weyandt and unanimously carried.

Donation of Land Along St. Jones River

The committee reviewed the possibility of accepting a donation of land from the R.W. Paul Estate. The parcel of land is located along the east side of the St. Jones River, running from Water Street to approximately 390' west of the St. Jones bridge at Route #13, containing approximately 11.5 acres of wooded land. A large portion of the land is wooded wet lands lying in the flood plain area. The parcel of land provides a crucial link to the future development of a greenway corridor stretching along the St. Jones River from Silver Lake to Route #13. Should the City accept the land, the Paul family requests that recognition be made in memory of Mr. Paul.

An inspection by the City staff and representatives from the DNREC indicated that some debris will have to be removed, but that the overall condition of the land lends itself very nicely to the development of a greenway corridor and passive park area along the St. Jones River.

The City would need a 50' to 60' right of way onto the property from Route #13 or New Castle Avenue.

The committee also considered a letter received from William C. Torbert, as follows:

“In the very near future, on behalf of the Paul family, I expect to be transferring

a parcel of land on the St. Jones River to the City of Dover in memory of Mr.

            Paul, who passed away several weeks ago.

This land is to be used by the City of Dover Parks and Recreation Department,

            not to be resold and to have certain restrictions as to what can be built on the

            ground.

When all of this takes place, I will give you the right of way to enter this property

            off New Castle Avenue.

            Sincerely,

            William C. Torbert”

It was the committee’s recommendation that the City accept donation of the land from the Paul Estate, contingent upon acquisition of the required right-of-way, and that staff be authorized to continue with necessary negotiations.

Mr. VanSant questioned the relationship between the Torbert property and the Paul property. Mr. Knox stated that William Torbert is acting on behalf of the Paul Family and stated that a right-of-way would still be needed from the Torbert Property.

Responding to a question of Mr. Christiansen, Mr. Roe stated that a crematorium will probably be located in that vicinity.

Mrs. Legates moved to recommend approval of the committee’s recommendation for the City to accept the donation of land from the Paul Estate, contingent upon acquisition of the required right-of-way, and that staff be authorized to continue with necessary negotiations. The motion was seconded by Mr. Daisey and unanimously carried.

Mrs. Legates moved to accept the parks and Recreation report as submitted, seconded by Mr. Christiansen and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on June 6, 1988 at 7:30 p.m. with Chairman Weyandt presiding.

Dover Parking Authority - Update

The committee discussed at length the proposed resolution which would deed, to the Parking Authority, the parking lot on Bradford Street and Loockerman Way. The lot east of City Hall and the Minor Street parking lot would remain deeded to the City, with the income derived from the lots going to the Parking Authority.

Concerns were raised relative to the phrase “routine maintenance” and clarified in a memorandum from the Parking Authority. The Parking Authority will be responsible for physical improvements, erpairs, services and materials (hard items as opposed to soft). This would include such maintenance as snow removal, parking lot sweeping, financial audit, parking stickers, consultants, and surface improvements including asphalt, patching, striping, bumper guards, parking meters (including repairs), storm drainage, and lighting (including electricity). The phrase “routine maintenance” shall not mean administrative, financial or management services provided by City staff (soft items). This would include such items as staff research, staff attendance at meetings, selling of parking spaces, legal counsel, budget management, bill paying, collecting meter revenues, and policing lots for legal parking.

The committee recommended approval of the proposed resolution as requested by the Dover Parking Authority.

Mr. Weyandt moved that the resolution be approved as requested by the Dover Parking Authority. The motion was seconded by Mr. VanSant and by unanimous roll call vote, with Mr. Lynn absent, Council adopted the following resolution:

WHEREAS, the Dover Parking Authority, a corporation of the State of Delaware, was duly created by Council in accordance with provisions of 22 Del. C. subsection 501 et. seq. and it acquired title to certain lands and premises; and

WHEREAS, by resolution Council agreed to assume all assets and liabilities of the Dover Parking Authority with the Authority remaining in an advisory capacity effective July 1, 1981; and

WHEREAS, in accordance therewith the Dover parking Authority executed and delivered a deed transferring all of its property to the City of Dover, which deed is dated November 2, 1981, and is of record in the office of the Recorder of Deeds for Kent County and State of Delaware in Deed Record Book O, Volume 36, Page 314, a copy of which deed is attached hereto; and

WHEREAS, the Dover Parking Authority has now been reactivated, its legislative body being reestablished and reappointed effective May 12, 1986; and

WHEREAS, on October 13, 1986, Council adopted a resolution agreeing to reconvey to the Authority all those certain parking facilities and meters previously owned by the Authority and, in addition thereto, for a period of 30 years to grant and convey unto the parking Authority all of the income derived from parking lots on Minor Street and the parking lot east of City Hall vesting in the Authority the right and duty to manage said lots and to routinely maintain the same; and

WHEREAS, the intent of Council in said resolution was somewhat left in doubt so that it has not been implemented; and

WHEREAS, Council now desires that this resolution be clarified and implemented immediately and therefore passes this resolution in clarification of the same.

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

1. That the City will reconvey to the Dover Parking Authority all of the lands and premises previously conveyed by the Dover parking Authority to the City of Dover by deed dated November 2, 1981, which deed is of record in the office of the Recorder of Deeds for Kent County and State of Delaware in Deed Record Book O, Volume 36, Page 314, a copy of which is attached hereto, and that said deed be executed by the Mayor and the City Clerk forthwith and duly recorded;

2. That the Dover Parking Authority shall reassume all of its previously existing debts and responsibilities and forthwith pay the same;

3. That Council hereby grants and conveys unto the Dover Parking Authority for the space of 30 years here from the exclusive right to manage and care for routine maintenance, including the right to collect the income therefrom, the parking lots on Minor Street and east of City Hall, excluding the City Hall employee parking lot.

4. That the City will resurface and reseal the City Hall parking lot within the next 24 months. Thereafter, all routine maintenance related expenses for the parking lots shall be born by the Dover Parking Authority.

5. That the Dover Parking Authority shall repay unto the City of Dover the sum of $47,151 once the Parking Authority receives funds from the proposed Parking Authority bond issue.

ADOPTED: June 13, 1988

Central Delaware Chamber of Commerce - Request for Donation - 4th of July Celebration

The committee considered a request from the Central Delaware Chamber of Commerce for a donation of $500 to be utilized towards the July 4th Celebration on Legislative Mall.

The committee recommended that $500 be donated to the Central Delaware Chamber of Commerce to be utilized towards the July 4th celebration activities.

Mr. Weyandt moved to approve the request of the Central Delaware Chamber of Commerce for a $500 donation to be utilized toward the 4th of July celebration activities

Request for Tax Exemption - Lutheran Senior Services

The committee considered a request for tax exemption for Lutheran Senior Services of Dover, Inc. and Luther Towers of Dover, Inc. During a previous meeting, this matter wa referred to the City Solicitor for review and recommendation.

The committee received the City Solicitors opinion as follows:

“I believe that the Legislative and Finance Committee has no alternative but to recommend the granting of tax exempt status to the above two corporations in accordance with 9 Del. C. Sec. 8103 and it is my recommendation that your committee make such recommendation.

 

Council fairly recently granted a similar exemption to Presbyterian Homes, Inc. The applications made for the above corporations are very similar with some minor differences which I will discuss later.

As you know, the State statute, 9 Del. C. Sec. 8103, leaves almost no discretion to the counties or municipalities regarding the granting of the tax exemption. If three requirements are fulfilled then, according to this statute and the interpretation of this statute by the Delaware Supreme Court, tax exempt status must be granted. These three requirements are all met by both of the above corporations: (1) the property must be held in the name of the corporation; (2) the corporation must be created for charitable purposes; and (3) the property must not be held by way of investment.

The certificates of incorporation of these two corporations do not specifically mention that they are created to maintain housing for the elderly and the handicapped. However, those corporations have agreements with the Delaware State Housing Authority and the Federal Department of Housing and Urban Development which confine occupancy to the elderly and the handicapped through guidelines of income, age, and disability. All residents in each complex are low income elderly or handicapped persons. The Delaware Supreme Court recognized the provision of housing for the elderly or the handicapped as a charitable purpose which will qualify a corporation for such a tax exemption under 9 Del. C. Sec. 8103 in Electra Arms Apartment and Medical Center Foundation, Inc. v. City of Wilmington, Del. Supr., 254 A.2d 244 (1969).

A difference in the present application from Presbyterian Home is the percentage of rents collected which is applied to a mortgage. Fifty-four percent of the rent from Luther Towers I is used to pay mortgage on its property held by the Delaware State Housing Authority and 57 percent of the rent from Luther Towers II is used tp pay mortgage on its property held by the Department of Housing and Urban Development. The remaining revenue goes to providing housing and related services. However, the court held in Electra Arms that paying on a mortgage did not cause the property to be held by way of investment since the buildings were an integral part of the main pursuit which was a charitable purpose.

Your Committee and Council have had serious reservations about approving these applications because it reduces the tax base in the City which is the primary source of revenue for providing the many local services which all of us enjoy. The problem, of course, is the present statute which leaves very little discretion up to the municipalities in granting these applications. Council has proposed an amendment to this statute which has been given to the General Assembly which would allow greater discretion. Until legislation similar to what we have recommended to the General Assembly is passed, this problem will continue to exist.

                                                                                    Sincerely,

                                                                                    Nicholas H. Rodriguez”

The committee recommended approval of the request for tax exemption for Lutheran Senior Services of Dover, Inc. and Luther Towers of Dover, Inc. in accordance with 9 Del. C. Sec. 8103.

Mr. Weyandt moved, upon the advice of Council, to accept the committee’s recommendation to approve the request for tax exemption for Lutheran Senior Services of Dover, Inc. and Luther Towers of Dover, Inc. in accordance with 9 Del. C. Sec. 8103, to be effective as of May 1, 1988. The motion was seconded by Mr. Daisey and carried by unanimous roll call vote, with Mr. Lynn absent.

A suggestion was made by the committee that the two facilities give consideration to payment to the City to halp defray the cost of services provided by the City that are utilized by their facilities.

Mr. Weyandt moved to request that Lutheran Senior Services of Dover, Inc. and Luther Towers of Dover, Inc. give serious consideration to provide the City with some type of payment in lieu of, it should be at their own free will and that the City should not officially request such.

Mr. Christiansen noted that during the committee meeting, representatives of Luther Towers were present and explained that they are prohibited by HUD from paying taxes, although they agreed to present to their Board of Directors the question of some sort of payment in lieu of taxes to the City of Dover, and he feels that the City should await their response.

On a call for the question, the motion to request the two above mentioned facilities to give serious consideration to provide the City with some type of payment in lieu of taxes was carried, by show of hands, with five (5) yes, two (2) no (Mr. Christiansen and Mr. VanSant) and Mr. Lynn absent.

Mr. Josh Twilley, attorney for Luther Towers, was present at the meeting and informed Council that this item is on the agenda for their meeting of June 14, 1988, of which he expects favorable consideration.

By question of Mrs. Legates, Solicitor Rodriguez explained that the City’s hands are tired with the statute which Luther Towers falls under. Unfortunately, the City must abide by the provisions of the Delaware Code until the General Assembly acts favorably upon the City’s proposed amendment to allow municipalities same discretion relative to the qualifications of charitable organizations.

Quarterly Uncollectibles Report - Uncollectible Ambulance Bills

The committee received a list of uncollectible ambulance bills totaling $1,411.50. These balances are a result from Medicaid payments.

The committee recommended that the uncollectible ambulance bills totaling $1,411.50 be written off.

By question of Mr. Christiansen, Mr. Worley explained that some people pay the City over the amount of Medicaid payment to suffice the difference. He also stated that although the ambulance bills are written off, the City still attempts to collect those monies.

Mr. Weyandt moved to accept the committee’s recommendation to have the uncollectible ambulance bills totaling $1,411.50 written off, seconded by Mr. Daisey and carried with Mr. Christiansen voting no.

Quarterly Uncollectibles Report - Uncollectible Electric Bills

 The committee reviewed a list of uncollectible electric bills totaling $10,035.40. It was requested that the following accounts be deleted from the list for further investigation by staff, which would amend the total uncollectible electric bills to $7,200.61.

                        DRS                            Account Number                    Amount of Bill

                   3-35-6880                          161830                              $1,549.29

                   1-20-7180                          347676                              287.35

                   1-60-2720                          813393                              31.76

                   1-82-3420                          832236                              734.27

                   1-48-6460                          853232                              232.12

The committee recommended approval of writing off uncollectible electric bills in the amount of $7,200.61.

Mr. Weyandt moved to accept the committee’s recommendation to have the uncollectible electric bills totaling $7,200.61 written off, seconded by Mr. Daisey.

Mr. VanSant stated it was his understanding that a bill in the amount of $12.90, account #897007, was also to be included in the list to be reviewed by staff. This would reduce the uncollectible electric bills to total $7,187.71.

Mr. VanSant moved to amend the motion to have the uncollectible electric bills totaling $7,187.71 written off, seconded by Mr. Christiansen and unanimously carried.

Proposal for 15 Minutes Segment at End of Council Meetings to Hear Concerns of the Public

The committee discussed at length a proposal, submitted by Councilmen Levitt, Christiansen, Hall, Lynn and Daisey, for a 15 minutes segment to be set aside at the conclusion of the regular Council meetings to enable Council to hear concerns from the public.

The committee recommended approval of the following proposal:

1.         A 15 minute segment, after the regular Council Meeting concludes, be set aside so that the public may voice legitimate concerns or pose questions.

2.         Per advance of the scheduled meeting, each speaker would notify the City Clerk and have his/her name and topic placed on the agenda. Each speaker may use up to three minutes. Overflow requests will be assigned to future meetings.

3.         No topic will be placed on the agenda under the Open Segment that already appears on the Regular Council Meeting Agenda.

4.         This trial arrangement would become effective in July 1988 and run for three months, after which time the program would be reassessed.

Mr. Weyandt moved to accept the committee’s recommendation to approve the above guidelines to be used for the 15 minute segment for public input, seconded by Mr. Levitt.

Mr. VanSant stated that he would support the motion if an amendment was accepted to delete item #2 in its entirety. It is his feeling that it is incongruous to require someone to file their name and problem in advance.

Mrs. Legates reiterated her concerns and stated that to her knowledge, the public has not urged that such a program be initiated. She stated that there are several other alternatives that the public can take to contact Council Members.

Mr. Levitt stated that the proposal is a trial arrangement to last 90 days to see if the public would appreciate this opportunity to voice their concerns.

Relative to the three minute time limit included in item #2, Mr. Hall stated his concern of an individual dominating the whole 15 minute period, should the amendment to the motion pass. It is his feeling that this detail should be included in another item number.

In response to Mr. Hall’s concern, Mr. VanSant stated that the Mayor would then have to control these segments.

Mr. VanSant moved to delete item #2 in its entirety, seconded by Mr. Levitt and approved by a roll call vote of six (6) yes, one (1) no (Mrs. Legates, with Mr. Lynn absent.

Mr. Weyandt moved to approve, as amended, the proposal for a 15 minute segment at the end of regular Council meetings for public input, seconded by Mr. Levitt. By a roll call vote of six (6) yes, one (1) no (Mrs. Legates), with Mr. Lynn absent, Council approved the following:

1.         A 15 minute segment, after the regular Council Meeting concludes, be set aside so that The public may voice legitimate concerns or pose questions.

2.         No topic will be placed on the agenda under the Open Segment that already appears on the Regular Council Meeting Agenda.

3.         This trial arrangement would become effective in July 1988 and run for three months, after which time the program would be reassessed.

Bids - Sale of City Owned Property - Roosevelt Avenue

The committee reviewed a sole bid that was received on the sale of City owned property located on Roosevelt Avenue. The property is located on the north side of Roosevelt Avenue, lying between the lands now or late of Harriet Buffkin and the north line of Roosevelt Avenue and extending from the top of a slope to the St. Jones River. The only bid received was submitted by the adjacent property owner, Harriett M. Buffkin, in the amount of $501.

The committee recommended that the bid be accepted from Mrs. Harriett Buffkin in the amount of $501, in accordance with the City’s Policy on the Sale of Vacant Properties, noting that the purchases will be responsible for all conveyance costs.

Mr. Weyandt moved to accept the committee’s recommendation to accept the bid received from Mrs. Harriett Buffkin in the amount of $501, in accordance with the City’s Policy on the Sale of Vacant Properties, noting that the purchaser will be responsible for all conveyance costs. The motion was seconded by Mr. VanSant and carried by unanimous roll call vote, with Mr. Lynn absent.

Revised 1988/89 Community Development Budget

The committee reviewed a revised Community Development Block Grant Fund Budget Summary. The revision is necessary due to the City’s request to the State Housing Authority for a grant in the amount of $204,000, to rehabilitate 15 units. The State approved only 12 of those units for rehabilitation and awarded the City a grant in the amount of $171,200.

Mr. Weyandt moved for approval of the committee’s recommendation to adopt the Community Development Block Grant Fund revised budget, noting that the State Housing Authority is required to make inter-departmental transfers. The motion was seconded by Mr. VanSant and by a unanimous roll call vote (Mr. Lynn absent), Council adopted the following ordinance:

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

1. The amounts hereinafter named aggregating One-Hundred Seventy-One Thousand, Two Hundred Dollars ($171,200) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1988 and ending June 30, 1989:

            Revenue

            Items

            State Grant                                                                  $171,200

            Total                                                                           $171,200

            Budget Summary

            10        Community Development Division                $ 28,902

            20        Materials and Supplies                                    500

            30        Administrative Expense                                  9,798

            40        Capital Outlay                                                             132,000

            Total                                                                            $171,200

2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to 5% of the amount hereinafter appropriated to any department, pending State of Delaware approval.

ADOPTED: June 13, 1988

Revised 1988/89 Library Grants Budget

Relative to the 1988/89 Library Grants Budget, the committee was advised that the 1989/90 budget figures were used instead if the 1988/89 budget figures. There are no changes from the opriginal budget presented to Council, but the formal adoption of the budget must be changed to reflect the correct figures for 1988/89.

Mr. Weyandt moved for approval of the committee’s recommendation to adopt the Library Grants revised budget, seconded by Mr. VanSant and by unanimous roll call vote (Mr. Lynn absent), Council adopted the following ordinances:

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

1. The amounts hereinafter named aggregating Thirty-Seven Thousand, Two Hundred Forty-Three Dollars ($37,243) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1988 and ending June 30, 1989:

            Cash Receipts

            Items

            State Aid                                                         $16,000

            LSCA - Title I                                                 21,243

            Total                                                               $37,243

 

            Budget Summary

            10        Personnel Services                             $ 1,350

            20        Materials and Supplies                        22,306

            30        Administrative Expense                      13,587

            Total                                                               $37,243

2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to 5% of the amount hereinafter appropriated to any department, pending State of Delaware approval.

ADOPTED: June 13, 1988

City Manager - Personnel and Clerical Needs

A proposal for a Personnel Department was deleted by Council during the budget workshops. The City Manager was directed to include the personnel functions within the City Manager’s budget and was permitted to add $42,060 to the City Manager’s Budget.

The committee considered a proposal that would create a new paraprofessional position at a range 20, entitled Administrative Coordinator. The intent of the proposal is to create a new position that will do most of the routine personnel related functions including typing and clerical items assiciated with the personnel functions. An expenditure of $2,500 is necessary to purchase a computer. It is also proposed that a temporary part-time student worker be utilized for 20 hours per week to supplement routine clerical needs of the City Manager’s office.

Total costs of the proposed personnel related functions is $37,183.

The committee recommended approval of the proposed expenditure plan as submitted, which calls for the creation of a new position entitled, Administrative Coordinator at a range of 20, and for the hiring of a temporary part-time student worker.

Mr. Weyandt moved to accept the committee’s recommendation to approve the creation of a new position entitled, Administrative Coordinator at a rang