REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on April 11, 1988 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilman Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt, and VanSant.
Council staff members present were Chief Klenoski, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Chief Willson, Mr. Rodriguez and Ms. Bittner.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
The following additions were requested:
Mr. VanSant - Letter - National Americanism Commission - item #14A
Mr. Christiansen - Discussion - Civic Center - item #14B
Mr. Richter - Transfer Tax - item #11A
Mayor Carroll - Letter - Forward Central Delaware - item #15E
Mayor Carroll - Appointment to Planning Commission - item #12A
Mr. Weyandt moved for acceptance of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
PROCLAMATION - WEEK OF THE YOUNG CHILD
The City Clerk read into the record the following Proclamation:
WHEREAS, in recognition of the importance of our society’s future of the nation’s youth, the “Week of the Young Child” will by recognized during April 11 - 15, 1988 and
WHEREAS, this celebration has been sponsored since 1970 by the National Association for the Education of Young Children. In Dover, the Early Childhood Laboratory School of Delaware State College is extending an invitation to all people to take part in this year’s observance; and
WHEREAS, the “Week of the Young Child” is observed each year to focus attention on the needs of young children and their families through public information activities. A commitment to improve the opportunities available to this City’s young children will be made only if our citizens are challenged to become involved.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, issue this Proclamation designating April 11 - 15, 1988, as “THE WEEK OF THE YOUNG CHILD” in the City of Dover. It is hoped that this observance will heighten the awareness of our citizens to the needs of our City’s youth.
The Proclamation was presented to Val Creighton and Gloria Gardner on behalf of the National Association for the Education of Young Children.
PROCLAMATION - NATIONAL LIBRARY WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, libraries provide resources central to culture and commerce, and
WHEREAS, a library card provide access to the library’s vast resources of ideas and information, and
WHEREAS, library cards are available free to every resident of the City of Dover, and
WHEREAS, Dover Public Library is celebrating National Library Week with the theme “The Best Gift You’ll Ever Give Your Child . . . A Library Card,”
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELWARE, do hereby proclaim April 17 - 23, 1988, NATIONAL LIBRARY WEEK in Dover, Delaware, and urge residents to visit the library with their children and to sign up for library cards and use them this week and throughout the year.
RESOLUTION - SPRING CLEAN UP WEEK
By motion of Mr. VanSant, seconded by Mr. Levitt, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City, and
WHEREAS, the annual Old Dover Days will by celebrated May 6th 1988.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 16 - 24th, 1988 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Spring Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: April 11,1988
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 28, 1988
The minutes of the Regular Council Meeting on March 28. 1988 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Levitt, and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 305 S. GOVERNORS AVENUE - SUSAN E. AND JOHN B HOYT
A public hearing was duly advertised for this time and place to consider the rezoning of property at 305 S. Governors Avenue, owned by Susan E. and John B. Hoyt.
Mayor Carroll declared the hearing open.
Cheryl L. DeZwarte, equitable owner, requested Council’s favorable vote on the rezoning request. She stated that the property is located in the Historic Zone. It is her intention to operate a Bed and Breakfast in the restored house, feeling that it would be in keeping with the idea of Constitution Place and with the surrounding historical area.
Responding to questions by Mrs. Legates, Ms. Dezwarte stated that ample off-street parking is available to the rear of the property.
The City Clerk reported that no correspondence was received on the proposed rezoning.
Mayor Carroll declared the hearing closed.
Mr. Richter spoke in favor of the request, stating his feeling that this type of operation should by permitted in the C-3 zoning category. He suggested a possible modification in the zoning ordinances, to be considered during the study on the downtown area.
Mr. Weyandt moved that the rezoning request be approved as recommended by the Planning Commission, seconded by Mr. Levitt 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 AT 305 S. 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 to RG-0.
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 to RG-0 on that property located at 305 S. Governors Avenue, owned by Susan E. and John B. Hoyt.
ADOPTED: April 11,1988
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 23 N. STATE STREET - WESLEY COLLEGE
A public hearing was duly advertised for this time and place to consider the rezoning property located at 23 N. State Street, owned by Wesley College.
Mayor Carroll declared the hearing open.
Ms. Muriel Schwartz, equitable owner, was present and introduced to Mr. Robert Clendaniel, Architect, and Mr. Richard Johnson, Construction Manager for the project. Mr. Schwartz requested that Council rezone the Richardson Hall property to permit the operation of a restaurant and hotel. She stated her desire of restoring this property to its previous splendor and adding to the building to provide for a restaurant and hotel. Ms. Schwartz reminded members of Council that there are no accommodations for a hotel in the central Dover area. The structure will remain aesthetically in keeping with the surrounding area and will blend nicely with the historical nature of the neighborhood. Although Ms. Schwartz has held no formal meetings with surrounding residents, she has talked individually with several persons living in the area.
Mr. Clendaniel displayed a preliminary sketch of the proposal, displaying the existing structure as will as the proposed addition. Responding to questions by members of Council, Mr. Clendaniel stated that parking is proposed for the ground level, under the building for guests of the hotel. Outside parking will be available on the site for patrons of the restaurant. The main access to the property is planned for Delaware Avenue, although a service access will be available off of American Avenue. The height of the proposed addition will not exceed the height of the present structure.
Questioned by Mr. Christiansen, Mr. Roe stated that the C-2A zoning category would permit any of the uses in the C-1 zone although any change in use would require Site Plan approval by the Planning Commission. In response to a question by Mr. Weyandt, Mr. Roe stated that a project similar to Treadway Towers would permitted in the C-2A zone.
In addressing concerns expressed by neighbors in the area, Mr. Johnson stated that noise would be minimal since individual mechanical unites would be utilized rather than utilization of large heating and cooling units.
Mr. Dennis Crowley of 39 American Avenue presented a petition, containing the signatures of 25 citizens, in opposition to the requested rezoning. Mr. Crowley stated that his feeling that a hotel and restaurant at this location would destroy the integrity of the residential nature of the existing neighborhood. He stated that the City’s parking requirements are too lenient and feared that insufficient parking for hotel and restaurant patrons would result in additional on-street parking in an area that is already over burdened. He voiced his fear of the increased traffic in the residential neighborhood, reminding Council that Central Middle School and Wesley College are located in very close proximity to the proposed restaurant. He also expressed concern for increased litter and odors stemming from the restaurant’s large trash containers. Mr. Crowley stated that he has spent a considerable amount of time repairing cracks in the walls of his home and due to the age of most homes in this area, he feared that the required construction work for the hotel would cause further settling and cracking of the older homes.
Mr. Joseph Bellmeyer, Assistant to the President of Wesley College and a trustee of Wesley College, requested approval of the requested rezoning. Mr. Bellmeyer stated that the College has wanted to upgrade this building for many years but was financially unable to do so. The building is in dire need of major repairs. Major improvements are intended to College properties on the west side of State Street but the College has decided not to pursue development of its properties on the east side of State Street which is why the property is being sold. The College also intends to sell the Howe House. He felt that Ms. Schwartz’s proposal would be an asset to the community.
Mr. Daniel Zeman of 31 American Avenue stated his opposition to the proposed rezoning. He stated that although the proposed structure will be quite beautiful, he does not believe that a 2 ½ story building should be located in a residential area. Noting that Richardson Hall is a valuable piece of property, Mr. Weyandt asked Mr. Zeman what type of structure would be favorable to the neighbors. Speaking for himself only, Mr. Zeman stated that he would prefer something like townhouses, where the units are individually owned and maintained.
Mr. Robert Clevenger of 108 American Avenue informed Council that he just recently purchased his home and the residential quality of the neighborhood was a major reason for his decision. He stated is objections to the proposed rezoning and urged members of Council to vote against the request.
Mrs. Linda Shipman of 32 Delaware Avenue stated that she is not totally opposed to the concept of a hotel at the proposed site, but she was very concerned with the lack of privacy being experienced in this residential neighborhood. She referred to Wesley College and Central Middle School students, stating that there is a considerable amount of pedestrian traffic along Delaware and American Avenues. Litter is already a problem in her area and she felt that the City should clean the streets more often in this area. She reiterated that she would be willing to compromise on the proposed hotel, but wished to express her fear that the traffic and litter problems would worsen.
Dr. Howard Row, President of Dover Heritage Trail, Inc., addressed Council as a member of the Heritage Trail and as an individual very much interested in the City of Dover. He stated that Richardson Hall is one of the sites shown to natives and tourists on the Victorian District Tour. The condition of the building is deteriorating rapidly and he strongly felt that the City should help to preserve this very historical structure. The victorian architecture on this building is superb and the heritage of the building is a part of the heritage of the City of Dover. Dr. Row elaborated on the history of the Richardson family and their contributions to the Dover community. At one time there were three Richardson homes in Dover. One of the homes is now the site of the City of Dover library and the other home is now a Wilmington Savings Fund Society bank. He referred to the City’s Constitution Place project and stated that it is hoped that the project will attract tourists to Historic Dover. Having hotel accomodations in a historical mansion such as Richardson Hall should serve as an attraction to visitors. He urged members of Council, as a part of Dover’s heritage, to honor the request and grant the zoning change.
Mrs. Mary Flood stated that she rents property, at 6 South State Street, from Ms. Schwartz. She suggested that the proposal is actually for the operation of a historical Inn, feeling that the conception of a hotel may be misleading. The Richardson Hall property is a valuable property that is destined to development of some nature. Ms. Schwartz is a lifelong resident of Dover who has an interest in the community. Referring to Ms. Schwartz’s property at 6 S. State Street, Mrs. Flood stated that the property was refurbished in excellent taste and is very will maintained.
Mr. Ron Vickers of 17 American Avenue expressed concern with the proposed entrance for the hotel, which is planned for American Avenue. He suggested that the existing entrance on Delaware Avenue be utilized. He also referred to the lack of available on-street parking on Delaware Avenue which will only increase with the development of a hotel and restaurant in this neighborhood.
Answering questions by Mr. VanSant, the architect, Mr. Robert Clendaniel, stated that an L-shaped structure is planned, with the main entrance being planned off of Delaware Avenue. In accordance with Code requirements, 6' affirmative votes can be obtained.
Mr. Lynn stated that a motion to table action would allow sufficient time for Ms. Schwartz to meet with the surrounding neighbors in an attempt to reach an agreeable compromise prior to an official vote by members of Council.
Mr. Lynn moved to table the vote on the rezoning request to allow the Assessor time to analyze the submitted petition, for consideration by Council on April 25, 1988. The motion was seconded by Mr. Levitt and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Richter).
TAX APPEALS COMMITTEE REPORT
March 21, 1988
The Tax Appeals Committee met on March 21, 1988 with Chairmen Weyandt and Councilman Christiansen and Legates present. The following appeals were heard:
David Cotullas - 838 Monroe Terrace
Value Appealed - $81,200 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Dr. Amir Saad - 827 E. Division Street
Value Appealed - $50,600 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Jane Richter for Glenn A. & Margaret Richter - Stores/Edgehill Shopping Center
Library
Value Appealed - $749,600 Committee Recommendation - $723,300
Liquor Store
Value Appealed - $122,300 Committee Recommendation - $ 97,700
Restaurant
Value Appealed - $154,700 Committee Recommendation - $137,600
Finance Office
Value Appealed - $146,700 Committee Recommendation - $130,200
Barber Shop
Value Appealed - $ 40,000 Committee Recommendation - No Reduction
Lot - E. Loockerman Street
Value Appealed - $ 18,200 Committee Recommendation - $ 14,000
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for approval of the recommendation of Tax Appeals Committee Report of March 21, 1988. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
March 28, 1988
The Tax Appeals Committee met on March 28, 1988 with Chairman Weyandt and Councilmen Levitt and VanSant present. The following appeals were heard:
Max Popernik - 50 Laurel Drive
Value Appealed - $102,400 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Michael Tovcimak - 26 Winged Foot Court
Value Appealed - $143,300 Committee Recommendation - $145,000
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Dan Towery - 26 Loockermen Street
Value Appealed - $ 66,200 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Charles Witt for Mark & Carole Brennanm - 16 Tam O’ Shanter Court
Value Appeal - $ 91,000 Committee Recommendation - $ 89,900
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Charles Paradee - Properties on N. Dupont Highway
(Did not keep appeal appointment)
1470 N. Dupont Highway
Value Appealed - $249,200 Committee Recommendation - No Reduction
1478 N. Dupont Highway
Value Appealed - $192,200 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Robert Tudor - S. Little Creek Road - Industrial Park
Value Appealed - $279,900 Committee Recommendation - $2,224,000
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Joe Petrosky - 65 Laurel Drive (Left before hearing and did not return)
Value Appealed - $152,700 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Gilbert W. & Shirley A. Kocher - 215 Oakmont Drive
Value Appealed - $77,500 Committee Recommendation - $ 75,700
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for approval of the recommendation of Tax Appeals Committee Report of March 28, 1988. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
March 31, 1988
The Tax Appeals Committee met on March 31, 1988 with Chairman Weyandt and Councilman Legates and Christiansen present. The following appeals were heard:
Robert Sadusky - 88 Lynnhaven Drive
Value Appealed - $103,000 Committee Recommendation - $122,500
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Ruth Tee - 625 Maple Parkway
Value Appealed - $ 48,200 Committee Recommendation - $ 44,700
Mayor Carroll declared the hearing open. Ms. Ruth Tee was present and thanked members of Council for consideration of her appeal. Mayor Carroll declared the hearing closed.
Angelo Serean - 305 Lotus Street Ext.
Value Appealed - $ 82, 700 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Henry R. Horsey - 317-331 S. State Street
Value Appealed - $167,000 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Joseph McDaniel III - 215 Walker Road
Value Appealed - $156,200 Committee Recommendation - No Reduction
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Elizabeth W. Murphy School - 42 Kings Highway
Value Appealed - $ 71,900 Committee Recommendation - Exempt
Mayor Carroll declared the hearing open. There was no one present to speak for or against the committee recommendation. Mayor Carroll declared the hearing closed.
Mr. VanSant moved for approval of the recommendation of Tax Appeals Committee Report of March 31, 1988. The motion was seconded by Mr. Legates and carried by a unanimous roll call vote.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on March 29, 1988 with Chairman Legates presiding.
Revised Boat Operating Rules for Silver Lake
The Silver Lake Commission submitted revised boat operating rules for Silver Lake. The rules were reviewed by the Parks and Recreation Committee and by the City Solicitor. The Committee addressed a petition against the proposal for permitting power boats to utilize the lake prior to 10:00 a.m. The new boat operating rules would permit powered boats to use the lake prior to 10:00 a.m. The new boat operating rules would permit powered boats to use the lake prior to 10:00 a.m. at a no wake speed (4 mph). Mr. John Armistead, Chairman of the Silver Lake Commission, explained that the members of the Commission felt that the lake should be available in the early morning hours for citizens wishing to fish. The petitioners were concerned that boat motors would be loud and that the 4 mph speed limit would be exceeded.
Noting the intent of the City Police Department to patrol the lake this upcoming season, the committee generally agreed that the new rules and regulations should be given an opportunity for success, although the committee urged all citizens to contact the Police Department for action against any violators.
The committee recommended approval of the Revised Boat Operating Rules for Silver Lake.
By motion of Mrs. Legates, seconded by Mr. Lynn, Council adopted the following ordinance by a unanimous roll call vote.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by deleting Sections 15.97 and 15.98 in their entirety and by inserting a new Section 15.97 and Section 15.98, to read as follows:
Section 15.97. Boating
Boats and boating at Silver Lake shall be governed by the following provisions:
(1) Generally. Silver Lake shall be governed by the laws of Title 23 Chapter 21 of the Delaware Code and the regulations issued pursuant to this law by the state unless changed or modified by ordinance as allowed in Title 23 Delaware Code section 2121.
(2) Permit required. Before any person shall operated any boat upon Silver Lake, he shall obtain a permit for each boat from the Police Department. The boats shall be registered in the name of the owner with the Police Department at the time of the application for a permit. Thereafter, the owner shall be responsible for the operation of the boat on Silver Lake and shall be responsible for compliance with the terms of this chapter, whether or not the owner is the operator of the boat.
(3) Permit fee. For each permit issued pursuant to subsection (2) the Police Department shall collect an annual fee specified by the City Council.
(4) Outboard motorboats. It shall be unlawful for any person to operate an outboard motorboat in excess of eighteen (18) feet in length or of one hundred fifteen (115) horsepower based on factory specifications as related to boat (O.B.C) outboard certification rating. Older boats or home built boats to be rated as near as possible in accordance with similar boats with factory horsepower recommendations.
(5) Inboard motorboats. It shall be unlawful for any person to operate a boat propelled by an inboard motor upon Silver Lake. For the purpose of this section, in inboard-outboard or combination of inboard and outboard motors shall mean an inboard motor.
(6) Display of permit number. Every boat operated upon Silver Lake shall clearly display the permit required in subsection (2) on the right side of the transom.
(7) Direction of boats. As a general rule, and whenever practical, all boats traveling around Silver Lake shall proceed in a counter-clockwise direction.
(8) Overtaking, passing or meeting another boat. The U.S. Coast Guard Inland Rules of the Road regarding the overtaking, passing or meeting of boats shall apply to boats upon Silver Lake.
(9) Passing under Silver Lake Bridge. In passing under the Silver Lake Bridge, all boats shall use the arch to the right and no boat at any time shall use the center arch. Speed under the bridge and within seventy-five (75) feet of the bridge shall be at a “no wake speed” (4 m.p.h.)
(10) Operating distance from shore or bridge. No power boat shall operated less that seventy-five (75) feet from any shore line, swimming area, pier or dock, except when launching and landing, nor shall any power boat operate closer that seventy-five (75) feet to the Silver Lake Bridge except when that boat is intending to pass under the bridge, nor shall any power boat operate closer than fifty (50) feet to any other power or nonpower vessel.
(11) Boat racing. Boat racing is prohibited upon Silver Lake.
(12) Operating boat in swimming area. At no time shall any boat be operated within any designated swimming area.
(13) Mufflers for motorboats. All boats which are mechanically propelled shall at all times maintain, as part of its equipment, a standard manufacturer’s muffler for the type of engine used.
(14) Boats operated after sundown. All non-power boats operating after sundown shall be equipped with lights satisfying the U.S. Coast Guard Requirements on Inland Rules, and shall keep those lights in constant operation so long as the boat is being operated and shall keep those lights in constant operation so long as the boat is being operated and shall not operate at a speed in excess of four (4) miles per hour. The operation of power-boats on Silver Lake shall be permitted from sunrise to sunset. Between sunrise and 10:00 a.m. (local time) power-boats shall be operated at “no wake speed” (4 m.p.h.).
(15) Lowering, placing and removing boats with vehicle. No person, other than the motor vehicle operator, shall occupy any motor vehicle being used for the purpose of lowering, placing or removing any boat at the ramps provided for this purpose at the Silver Lake site.
(16) Litter. Garbage, litter or other waste shall not be dropped or thrown from vessels, or from shore into park waters, but shall be disposed of on shore at designated locations in the prescribed manner.
(17) Beaching. Beaching of boats in other than designated areas is prohibited except in an emergency.
(18) Horseplay. Any horseplay in boats or changing from one boat to another while on the water is strictly prohibited.
(19) Storms. In all storm conditions, boats must return to the docks.
(20) Accidents. Report all accidents or injuries to the police.
(21) Limiting Boat Operations. The Director of Parks and Recreation and the Parks and Recreation Committee shall have the authority to limit boat operation in certain ares of the lake to facilitate operation on non-power boats.
Section 15-98. Water Skiing.
(1) No person shall engage in water skiing within seventy-five (75) feet of any shoreline or within seventy-five (75) feet of any designated swimming area.
(2) The use of ski ramps, parachutes and other similar devices shall be prohibited on Silver Lake.
(3) Boats shall pull no more than two (2) skiers on weekdays, and no more tan one skier on weekends and holidays.
(4) When a boat is engaged in pulling a skier, a person at least 12 years of age, other than the boat operator, shall be in the boat to observe the skier and to notify the driver of the boat if the skier should at any time be injured or in need of assistance.
(5) No person under the age of sixteen (16) shall operate a boat towing a skier or any device.
(6) No person shall water ski upon Silver Lake unless he is wearing a life jacket or some other ample form of flotation gear.
(7) No person shall water ski under Silver Lake Bridge. (Ord. of 12-8-75, a 2(21-10.1(d)))
ADOPTED: April 11, 1988
Capital Improvement Plan
The committee reviewed the Recreation section of the Capital Improvement Plan. In discussing the future needs of the City for a West Side Park, the committee suggested that the City Manager begin to make inquiries relative to the possible purchase of 30 to 40 acres of land in the northwest sector of Dover.
The committee recommended acceptance of the Recreation section of the Capital Improvement Plan.
Mrs. Legates moved for approval of the committee recommendation to accept the Recreation section of the Capital Improvement Plan, seconded by Mr. Lynn and unanimously carried.
By motion of Mr. Levitt, seconded by Mr. Lynn, the Parks and Recreation Committee Report was approved as submitted.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 29, 1988 with Chairman Legates presiding.
Consideration of Elimination of Two Hour Parking - Kings Highway between American Avenue and Division Street
The committee considered the possibility of eliminating the two hour parking restriction on Kings Highway between American Avenue and Division Street, in the vicinity of Mr. Aaron Knopf’s home. The proposal stems from a parking problem experienced by tenants of Mr. Knopf due to the City placing a two hour parking restriction in the vicinity of his home. The parking restriction was initiated due to employees of the DNREC parking on Kings Highway, rather than in their employee parking lot, leaving no on-street parking accommodations for others.
City staff observed that vehicles are solidly parked along American Avenue every day and members of the committee feared that if the two hour parking restriction were lifted, the same parking problems would be experienced on this stretch of Kings Highway.
Based on the present parking situation in this area, the committee recommended that no action be taken to eliminate the two hour parking restriction.
Mr. Lynn moved for approval of the Safety Advisory Committee Report, seconded by Mr. Daisey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 4, 1988 with Chairman Weyandt presiding.
Request for Cooperative Agreement - Payment in Lieu of Taxes - Delaware State Housing Authority
The committee considered a request from the Delaware State Housing Authority to accept a Cooperative Agreement, relative to payment in lieu of taxes, to enable them to receive an award from HUD for the costs os acquisition and renovation of 112 units of housing at Liberty Court.
The Solicitor reviewed the request and stated that as long as the City Manager has no problems with the utilities furnished to the project, then he suggested that the request be approved. The City Manager expressed no problem with the utilities section of the Agreement.
The committee recommended that the City enter into the requested Cooperation Agreement with Delaware State Housing Authority relative to payment in lieu of taxes at Liberty Court.
Since the date of the meeting, Mr. Weyandt again reviewed the Agreement and suggested that the following line be added to the Cooperative Agreement, page 3, subparagraph A: “—(excluding municipal refuse collection)”. The Delaware State Housing Authority. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
Mr. Weyandt moved that the requested Agreement apply only to Liberty Center and will not be in effect for the purchase of any new lands. The motion was seconded be Mr. Christiansen and carried by a unanimous roll call vote.
Appointment of Auditors for FY 1987-1988
The committee considered the appointment of auditors for fiscal year 1987-88. In conjunction with the 1985 Request for Proposals to certified public accounting firms. Faw Casson & Co. was selected to perform the City’s audit at the following rate schedule:
Year Fiscal Year Fees
First Year 1986 $14,070
Second Year 1987 14,820
Third Year 1988 15,620
It was the recommendation of the committee that Faw Casson & Co. be appointed to perform the City’s audit for fiscal year 1988 at a fee of $15, 620.
Mr. Weyandt moved to appoint Faw Casson & Co. As the City’s auditors for fiscal year 1988 at a fee of $15,620. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
Proposed Ordinance - Skateboarding Pipes
The committee spent a considerable amount of time considering adoption of a proposed ordinance concerning skateboarding pipes which was prepared by the Solicitor as directed by Council. After hearing the concerns of many citizens and parents of children that participate in the sport of skateboarding, the committee tabled action until such time as staff can meet with interested citizens so that an agreeable solution can be found.
Award System - Recognition of Heroism, Resignation, Etc.
A draft ordinance was prepared by Councilman VanSant on a proposed awards system that would recognize the heroic and exemplary actions of citizens. The proposed ordinance establishes a City of Dover Medal in recognition of exceptionally meritorious conduct and the establishment of an Awards Committee, to be appointed by the Mayor.
The committee recommended approval of the proposed awards system ordinance.
Mr. VanSant reminded Council that the ordinance does not limit eligibility for receiving an award to City residents only. Recognition by the City could be made to anyone, as approved by the committee.
Mr. Richter suggested that Paragraph F (AWARDS COMMITTEE) be clarified by adding “The Awards Committee shall review all recommendations and shall make recommendations to City Council for awards of the City of Dover medal.”
By motion of Mr. Weyandt, seconded by Mr. Christiansen, Council unanimous roll call vote, adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. Chapter 2, Article I of the City of Dover Code is hereby amended by adding a new Section 2-7, as follows:
Sec. 2-7 THE CITY OF DOVER MEDAL (CDM)
(A) In order to properly recognize individual acts of valor, exemplary conduct or exceptionally meritorious service, The City of Dover Medal (CDM) is hereby established in three (3) degrees, as follows:
(1) Gold (First Degree)
(2) Silver (Second Degree)
(3) Bronze (Third Degree)
(B) The medal shall be round and approximately two (2) inches in diameter, suspended on a neck ribbon of Dover Green, with red center stripe and yellow edge stripes. The obverse shall bear the Great Seal of Dover and the reverse shall be plain and bear the name of the recipient and the date of the award.
(C) CRITERIA
(1) GOLD - The award of the Gold CDM shall be limited to the following acts: