REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on February 22, 1988 at 7:30 p.m. with Vice-Mayor Richter presiding. Members present were Councilmen Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt, and VanSant. Mayor Carroll was absent.
Council staff members present were Chief Klenoski, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Mr. Karia, Mr. Rodriguez and Ms. Bittner.
The invocation was given by the Reverend J.H.Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested and addition to the agenda to discuss the adoption of a policy to set Procedures for the Sale of Excess City Property. He also requested that an executive session be added to the agenda to discuss personal mattes.
Mr. Richter requested an additional letter, under correspondence, from Senator Jacob Zimmerman.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Levitt and unanimously carried.
PROCLAMATION
The City Clerk read into the record the following Proclamations:
Proclamation - AAUW Week
WHEREAS, the American Association of University Women has existed in Dover for over fifty years; and
WHEREAS, the American Association of University Women in an organization dedicated to education; and
WHEREAS, the American Association of University Women supports the advancement of women, involvement in community issues and lifelong learning; and
WHEREAS, the American Association of University Women is committed to freedom of religion, speech, press, and assembly as the foundations of democracy; and
WHEREAS, the American Association of University of Women is in its fiftieth year as a state organization and in its second century as a national Association; and
WHEREAS, the American Association of University of Women celebrates its heritage in conjunction with National Women’s History Month.
NOW, THEREFORE, I CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, do hereby proclaim March 6 -12, 1988 as:
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN WEEK
in the City of Dover and urge all citizens to recognize the importance of this observance.
Proclamation - National Red Cross Month
March is National Red Cross month, and by this proclamation is Red Cross month in Kent County.
The Kent County Branch Office of the Delaware Chapter of the American Red Cross would like to alert the community to be looking for the distinctive Red Cross flags that will be flying in many Kent County locations throughout March.
This red and white flag has meant so much for so many for over a century. By this Proclamation we show our appreciation for the American Red Cross.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 8, 1988
The minutes of the Regular Council Meeting of February 8, 1988 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Carroll (with the exception of that portion relating to district voting).
Mr. Weyandt moved that a letter of appreciation be forwarded to former Mayor Charles Legates for his assistance in repairing the recording system used for the recording of Council Meetings. The motion was seconded by Mr. VanSant and unanimously carried.
PUBLIC HEARING - SIDEWALK ASSESSMENT APPEAL - 108 S. GOVERNORS AVENUE (JESSE HARMAN) AND 2 S. GOVERNORS AVENUE (DAVID AND WILLIAM HARMAN)
During the Council Meeting of January 11, 1988, a letter was read into the record, from David Harman, to appeal sidewalk assessments rendered for sidewalk replacement at 108 and 2 South Governors Avenue in compliance with the 1987 Sidewalk Replacement Program. In accordance with Section 18.7-7 of the City Code, Mr. Harman appealed the assessment in writing and Council set a hearing date for February 22, 1988.
Vice-Mayor Richter declared the hearing open.
City Manager Bartolotta introduced Mrs. Etta Hodges, Engineering Associate in the Public Works Department, to present an overview on the sidewalk replacement for the Harman properties.
Mrs. Hodges informed Council that Mr. Harman objected to the workmanship of the sidewalk replacement. The Engineering Department has inspected the sidewalks in question and concurs that the workmanship is not completely up to standards. Mrs. Hodges stated that the portion of the sidewalk and the sidewalk joints not meeting City standards will be replaced by the contractor at no expense to the property owner.
Mr. David Harman was present on behalf of the property owners, reiterating his concern with the workmanship on the sidewalk replacement. A representative of a concrete company inspected the sidewalks for Mr. Harman who concurred with his opinion that the sidewalks were not properly replaced. The sidewalk at 108 S. Governors Avenue shows evidence of a cracked section of old sidewalk which was damaged by the City’s contractor while removing an adjacent section. Mr. Harman also stated that the joint between the new piece of concrete and the old section was not properly replaced.
Mr. Harman referred to the sidewalk at 2 S. Governors Avenue, stating that the assessment for sidewalks repairs should be for a total of 17 sq. ft. rather than for 20 sq. ft., as billed.
Vice-Mayor Richter declared the hearing closed.
Mr. Weyandt moved that the City Manager proceed with repairs to the sidewalk at 108 S. Governors Avenue relative to the poor workmanship and that the City Manager review the question on assessment of the dimensions for the total sidewalk repairs at 2 S. Governors Avenue. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
MONTHLY REPORTS - JANUARY
Referring to the Building Inspector’s Report, Mr. Weyandt requested that a distinction be made on future reports between the number of incidents for the Robbins Hose Company territory and the number of incidents for the corporate limits of the City of Dover.
By motion of Mr. Christiansen, seconded by Mr. Levitt, Council unanimously adopted the following reports for the month of January:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvements and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Parking Fund, Cash Receipts & Budget Report
ANNUAL REPORT - FIRE DEPARTMENT
The annual report for the Fire Department was submitted by Fire Chief Willson. Chief Willson informed Council that their fund drive has experienced low response from small businesses and professional groups in Dover. He stated his appreciation to the City of Dover for their support to the Fire Company and Fire Department. Chief Willson reminded everyone of the tremendous tax burden that property owners would experience if the City were forced to maintain a paid fire company and reiterated his plea for fund drive response from the citizens and businesses in the Robbins Hose Company fire district.
The Fire Department has initiated a Recruitment Task Force in an attempt to increase their junior membership. In past years, the Fire Department had several junior members, ranging in age from 16 to 18. However, the junior membership has dropped significantly, and the Recruitment Task Force will work with area schools in an attempt to increase manpower through the junior membership drive.
Mr. Weyandt moved for acceptance of the Annual Report of the Fire Department, seconded by Mr. Christiansen, and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 10, 1988 with Chairman Richter presiding On behalf of the Chairman, Councilman Levitt presented the report for Council action.
Legislative Mall Utilities Agreement
The Utility Committee recommended approval of a Utilities Agreement with the State of Delaware for the Legislative Mall area. The State and City agreed that if the State would pay for replacement of the existing, deteriorating cables in the area of the Legislative Mall in accordance with modern standards used by the City, then the City would assume ownership and maintenance responsibility.
Mr. Bartolotta noted that the agreement referred to an incorrect drawing number which will be corrected.
Mr. Levitt moved for approval of the Legislative Mall Utilities Agreement (agreement and drawings are on file with the Office of the City Clerk), noting that the drawing reference number will be corrected. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
Water Franchise Service Areas
Discussions continued on establishment of Water Franchise Service Areas, with Mr. Alan Farling of the Department of Natural Resources and Environmental Control addressing the topic with members of the Utility Committee. The committee discussed many areas of concern but the only action taken was to direct the City Manager to report back to the Committee with a definitive plan, including the Moore’s Lake area, as well as all details relative to the franchise area. The Committee will take action on this matter upon receipt of the required information.
Bids - Transformer Purchase
Bids were received and analyzed for the purchase of three-phase transformers. The Utility Committee recommended approval of three separate purchase orders to the low bidders, as follows:
1. Rigby Electric for 3 McGraw Edison transformers (500 KVA, 120/208Y) at $7,405 each for a total price of $22,215
2. HESCO for 6 Howard transformers (300 KVA, 120/208Y) at $5,791 each = $34,746 and Hesco for 2 Howard transformers (75 KVA 120/208Y) at $3,251 each = $6,502 for a total Price of $41,248
3. A.J.P. for 3 RTE transformers (300 KVA 277/480Y), at $5,380 each for a total price of
$16,140
Mr. Levitt moved for approval of the committee’s recommendation to issue three purchase orders; one to Rigby Electric Supply for $22,215; one to HESCO for $41,248; and one to A.J.P. for $16,140. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Bids - Curb Program
In conjunction with the 1987-92 Capital Improvements Plan and the proposed 1988 Revenue Bond Issue, it was proposed to remove and replace the deteriorated curbs on the streets in the Street Resurfacing Program. Four bids were received with the low bid from Art Concrete in the amount of $200,718.55. The committee recommended approval of the low bid from Art Concrete in the amount of $200,718.55
Mr. Levitt moved for approval of the committee’s recommendation to accept the low bid from Art Concrete in the amount of $200,718.55 for replacement of curbs in conjunction with the Street Replacement Program. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
Street Evaluation Program
In an attempt to clarify questions concerning the Street Evaluation Program, Mr. Gregory Scott of the Engineering Department gave a very detailed presentation to the committee on the criteria utilized in rating and evaluating streets. Committee members were assured that all streets were evaluated in a consistent manner.
Although the street listings, as rated during evaluations, are utilized for determining which streets will be re paved in upcoming years, the committee noted that any citizen could request that their street be rated again if they feel the rating is incorrect or if street conditions change drastically from their original condition when rated.
Letter - Water Storage Tanks
The Utility Committee directed the City Manager to obtain cost estimates for the painting of letters on City water storage tanks, depicting the name of the City of Dover. Action on this matter will be reported to Council at a later date.
Responding to possible problems in lettering the new towers, Mr. Christiansen informed Council that the young students were more concerned with water towers located in the vicinity of Route #13, specifically the one located near the old A & P Store.
Update - Unit #3 Burners
The committee received an update on the Unit #3 burners, with Electric Director, Mr. Jack French, stating that the unit is functional but that problems with vibrations and acceptable opacity still exist. If Forney formally refuses to study the vibration problem, the City intends to withhold payment and contract with a qualified consultant to identify acceptable solutions to the vibration problem
Water Treatment
Public Works Director, Mr. Richard Scrafford, informed the committee that in compliance with the 1986 Amendments to the Safe Drinking Water Act, the water supplied by the City must be tested for additional contaminants by the State. Tests performed during December 1987 included testing for eight additional contaminants and identified the presence of Volatile Organic Chemicals (VOC’s) in Wells 1,3,5,and 7. The State is retesting the wells to confirm the results and will monitor the contaminants, on a quarterly basis, for the remainder of the year
The regulations do not take affect until December 1988. The State is testing all water supplies throughout the State and once the concentration of VOC’s has been determined, treatment may be necessary. The committee was assured that the City’s water was safe for use by citizen and that the City will monitor the situation very closely.
Mr. VanSant moved for acceptance of the Utility Committee Report as submitted, seconded by Mrs. Legates and unanimously carried.
FIRST REVIEW - VOTER REGISTRATION PURGE
The City Clerk submitted a list containing 138 names of registered voters that will be stricken from the City of Dover registration records. The list contains the names of registrants that have failed to vote is three consecutive municipal elections, registrants that are now deceased, and registrants that have moved out of the City of Dover.
Responding to a question by Mr. Daisey, Mrs. Bittner stated that an original purge list contained the names of 255 registrants who were sent letters notifying them of their status. Registrants were requested to sign an enclosed form if they wished to remain on the City’s registration records, with 117 persons responding, leaving a final purge list containing 138 registrants.
My motion of Mr. VanSant, seconded by Mr. Lynn, the first review of the Voter Registration Purge list was accepted by a unanimous roll call vote.
APPOINTMENT - MARCH 3, 1988 BOND REFERENDUM
Vice-Mayor Richter submitted the names of the following persons to work in the March 3, 1988 bond referendum:
Clerks
Janice C. Green
Barbara J. Luff
Lucretia A. Smoot (alternate)
Judge
Irving Levitt
Goldie Legates (alternate)
Mr. Richter also suggested that Tax Assessor Lucas, or his representatives, be directed to be present at the bond referendum and to have tax records available for use by election officials.
Mr. Christiansen moved for approval of the bond referendum appointments as submitted by Vice-Mayor Richter, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Mr. Lynn questioned the legality of prohibiting the judge from voting in the referendum, except in the case of a tie. Mr. Karia and Mr. Rodriguez stated that this provision is established in Section 50 of the Charter and has been reviewed by the City’s Bond Counsel, Potter Anderson & Corroon.
MAYOR CRAWFORD J. CARROLL VETO - ELECTION DISTRICTS AND PROCEDURES
Mayor Crawford J. Carroll exercised his power of veto relative to action taken by Council during the Council Meeting of February 8, 1988 concerning election districts and procedures and submitted the following letter:
“Pursuant to the City of Dover Charter Sec. 10, I am hereby notifying the City Clerk in writing that I disapprove of the motion passed by Council at the meeting held on February 8, 1988, by a six to two vote to change our election districts with a 65 percent black majority. I am asking the City Clerk to notify Council of my disapproval so that Council can take whatever action they may deem necessary to override my veto.
I want to state for the record the reason for my disapproval of this motion. I am taking this action because I think the motion will have a profound affect upon the future of the City of Dover. We have been operating satisfactorily in the City for over a hundred years with our present election system which is based upon at-large voting. This type of voting has kept politics out of City of Dover elections. Once you go to district voting, then you are inviting partisan politics to come into play and, once this happens, you are not going to have Councilmen from the districts who are going to be voting for things that are favorable to the City of Dover as a whole. At the present time, Councilmen judge everything on the basis of the total impact upon the City and not upon any particular district of the City. This is the way it should be because no faction or geographical area in the City should control legislation. A prime example is rezoning applications which come before Council at almost every meeting. Under district voting, the Councilmen from a certain district, guided by partisan politics, are going to vote as directed by the voters of that particular district on rezoning applications no matter what impact the rezoning will have upon the City as a whole. These Councilmen could care less about the overall picture of the City as long as they satisfy the voters of their own particular district. District voting will create “horsetrading” practices and will polarize the City. It should also be pointed out that taxes are collected from the entire City, making it essential that all Council members be responsible to all the tax payers and not just to those within their respective district.
I am aware of the court decisions throughout the country which are striking down at-large voting where it is discriminatory. I have no doubt that there are municipalities in this country which have election systems which discriminate against black and other minorities. This is not the case in the City of Dover. Any person, no matter what his color or race, can be elected in the City if he or she is qualified and if he or she works hard enough to get out the vote. The NAACP has no basis whatsoever in attacking our at-large voting system as being discriminatory. During my 25 years as an elected official in our City government. I think that Council is making a mistake in settling this case with the NAACP because it appears that we will lose such a case. I am more concerned about the adverse effect all district voting will have on the future of the City of Dover.
In conclusion, I believe that our at-large system should remain in affect with the new districts that we have which are equal in population. However, if we are forced to change, then I would have no problem in having four districts, one of which will have a black majority with one from each district being elected at-large with the other four Councilmen from each district being elected by district voting and the ninth member being elected at-large. I know that the national organization of the NAACP refused to accept a compromise and rejected this proposal but I am wondering that the local chapter and the local black voters really want in this regard because they, not the national chapter, are the ones that must live in our City and with our City in the future.”
Mr. Lynn moved that Council override the veto submitted by Mayor Carroll in his letter of February 12,1988 in reference to action by Council on February 8, 1988 to amend the Charter regarding elections and election districts. The motion was seconded by Mr. Christiansen and carried by a roll call vote of six (6) yes, two (2) no (Mrs. Legates and Mr. VanSant). Stating that the requirement of a three-quarter majority vote is necessary to override the veto, Vice-Mayor Richter confirmed that the motion received the necessary affirmative votes and declared that the motion approved by Council on February 8,1988 will stand.
POLICY TO SET PROCEDURES FOR SALE OF EXCESS CITY PROPERTY
The Committee of Committees met on February 22, 1988 at 6:00 p.m., just prior to the Regular Council Meeting. Mr. Weyandt reported that the Committee of Committee’s recommended approval of a policy submitted by the City Assessor for Procedures for Sale of Excess City Property.
Mr. Lucas explained that the committee recommended an amendment to the procedures which would include item #7 to require that the purchaser of excess City property be responsible for all conveyance costs.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council by unanimous roll call vote adopted the following procedure:
1. PURPOSE
The purpose of this memorandum is to establish a policy for the City of Dover, relating to the sale and disposition of excess lands.
2. LAWS AND POLICIES
City of Dover Code of Ordinances Chapter 2, Article IV, Section 2-99 provides for the sale or disposal of excess property.
This proposed policy will standardize the procedures for disposition of said excess City land.
3. DETERMINATION
A City Staff member, upon determining that a City owned parcel of land is excess in nature with no future potential use; and that the sale of such land would be beneficial to the City of Dover; will request the Committee of Committees to secure, from the Dover City Council, authority to dispose of such land.
4. STANDARD METHOD OF DISPOSITION
A) Excess parcels to be considered for sale must first be approved by the Committee of Committees and Dover City Council.
B) Determination shall be made that subject parcel is not required by any other City department.
C) A minimum sale price shall be established by the Committee of Committees with approval of Dover City Council.
D) The parcel will be advertised for sale, either at public auction or by sealed bid, as determined by the Committee of Committees.
E) If the offered sale price is accepted, a deed will be prepared based on the “terms of sale” and will be surrendered in exchange for payment in full of the accepted sale price.
5. EXCEPTION TO STANDARD METHOD OF DISPOSITION
ALL exceptions hereafter noted may be recommended by a City Staff member and can by approved by the Committee of Committees and Dover City Council only after a showing in writing of good and sufficient reason for the exception.
Exception A.
Sale to an abutting owner: When, in the opinion of City Staff, a public sale would be detrimental to remaining lands of an abutter, or that a public sale would place the abutter to undue risk, the Committee of Committees may direct the City Assessor to have prepared one or more unbiased fee appraisals, which will then be presented to the Dover City Council. Thereafter, the subject land will be offered for sale to the said next abutter at the approved appraisal price, plus the appraisal fees, plus the legal costs. In the event the offer is not accepted, a public sale may be ordered.
Exception B.
Trade of lands: A trade of lands may be approved when it is shown beyond doubt that such a trade will be equal to or better than the lands to be traded either on a “square foot for square foot” measure and/or on a “dollar for dollar” measure.
Exception C.
Conveyance of odd shaped and/or unbuildable parcels: Road location and/or relocation may sever a property from road and leave a small strip of land between the property and its access to highway frontage. These strips are usually acquired by the City. The Committee of Committees may approve the conveyance of this strip of land to the injured party only, and then only on request of the injured party. The price for these lands shall be the same (proportionately) as that paid by the City. If conveyance is made in excess of one year after date of acquisition, then the consideration shall be based on a price establishment by an unbiased fee appraisal made on the basis of the value added to the abutting property by the acquisition of said lands. All fees, legal or otherwise, associated with the conveyance are to be paid by the purchaser.
6. EXCESS LAND SALE PROCEDURES
A. The City Staff shall:
1) Obtain approval for public sale by submitting full particulars to the Committee of Committees.
2) Determine that subject parcel is not required by any other City department.
3) Determine if a zoning change would enhance sale value of parcel and recommend said
change if warranted.
4) Request City Planner assistance for proposed zoning change to assure conformance with
City of Dover zoning ordinances.
5) Request the City Assessor to establish a minimum acceptable value for the subject property using either assessment records or an unbiased fee appraisal.
B. Upon City Council Approval, City Staff shall:
1) Arrange for advertisement of the proposed sale, once a week for two weeks, in a newspaper of general circulation in the County in which the land located.
2) Order a sufficient number of “Sale Bills” for posting and distribution in the County Court house, at the site, and in the general area of the land to be sold.
3) Obtain the services of a professional auctioneer to conduct the sale if said sale is to be a public auction.
4) Draft the sale bill setting out a description of the land to be sold, time, date and place of sale or bid opening, the terms and conditions of sale, and the City’s reservation of acceptance or rejection of any or all bids received at the time of sale or bid opening.
5) Submit the high bid to the Dover City Council for confirmation.
6) After confirmation of the sale, request the City Solicitor to prepare a deed for execution to
arrange for final settlement with the purchaser, at which time the City of Dover will deliver the deed; the purchaser will pay the balance due; and the City solicitor will record said deed in the Recorder of Deeds office for Kent County.
C. If any excess parcel of land is too small or irregular in shape to be of any value to anyone other
than an abutting owner, it may be sold to such owner at its fee appraised fair market value. The costs of the appraisal and all legal costs shall be paid by the owner requesting the
conveyance.
7. COSTS OF CONVEYANCE
Unless specified by Dover City Council, all fees, legal or otherwise associated with the sale and conveyance of all excess lands shall be paid by the purchaser.
CORRESPONDENCE
Central Delaware Chamber of Commerce - Support for City Library Use by Military Personnel
Susan Wheeler, President, and Allen Hedgecock, Executive Vice-President, of the Central Delaware Chamber of Commerce informed members of Council that the Board of Directors of the Central Delaware Chamber of Commerce voted unanimously to support the request for utilization of the City’s library facilities by residents of Dover Air Force Base, feeling that approval will benefit everyone concerned. The Chamber requested that their measure of support be passed along to the Legislative and Finance Committee.
Mr. VanSant moved that the contents of the letter be forwarded to the Legislative and Finance Committee, seconded by Mrs. Legates and unanimously carried.
Proposed Charter Amendments - Councilman Christiansen
Councilman Christiansen requested that the following letter be read into the record in its entirety:
“Over the last year, we have forged an agreement to the legal question involving the issue of our
electorial process. We, I feel, have reached an amenable solution. However, dissenting opinions with regard to partisan politics are a concern of mine as well. The tradition of good government must continue in Dover. I personally believe that even with district voting, the fine tradition of public service versus politics will prevail.
I would hope that along that vein of thought, we may in some way eliminate party affiliation through Charter amendment or ordinance adoption. Likewise, we should in some manner limit campaign expenditures and revelation of all contributions. For example, we would establish a limit of $600 or one-third of a year’s expenses for a Council member and $800 or one-third of a year’s expenses for the office of Mayor. Documentation of these should also be required. These offices should not become political plums or brass rings on which to grab.
I sympathize with the Mayor’s concerns as he has personally served our City for a quarter of a century as a dedicated public servant. He and others before us have established a fine tradition that I hope through these safeguards can allow others to serve their fellow citizens in a conscientious and honorable manner in the future.
Thank you for your consideration.
Yours for a better Dover,
Robin R. Christiansen”
Noting that Mr. Christiansen is a member of the committee, Mr. VanSant moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Capital School District - Painting of Crosswalks and “Student Crossing” Signs-Fairview Elementary School
In a letter to Mayor and Council, Dr. Edward E. Goate’, Superintendent of Schools - Capital School District, requested that crosswalks be repainted in the vicinity of the Fairview Elementary School, at the intersections of Pear and Ross Streets and Pear Street and Walker Road. Dr. Goate’ also requested that signs be installed to indicate “Student Crossing - Caution”. He informed Council that the School District is working with the State Highway Department to examine the signalization of the traffic light at Walker Road and Pear Street and of their intent to continue discussions with parents from Fairview in an attempt to resolve the concerns of safe pedestrian crossing in the vicinity of the Fairview Elementary School.
Mr. Weyandt moved to direct the City Manager to correspond with Dr. Goate’, informing that action has already been taken on his request to repaint the crosswalks and to erect the requested signs. The motion was seconded by Mr. Christiansen and unanimously carried.
Skateboarding
Mrs. Diane Spencer of 140 Blue Beach Drive responded to a complaint by a Blue Beach Drive resident regarding the erection of skateboarding pipes on private property. Mrs. Spencer stated that every possible safety precaution has been taken to ensure the safety of the children using the pipes and the safety of surrounding property and residents. She states that skateboarding is a form of recreation for children and their parents have attempted to make it a safe sport for their children to participate in. Mrs. Spencer invited members of Council to look at the skateboard structure in her yard.
Mrs. Janice Sibbald of 144 Blue Beach Drive submitted pictures depicting damages incurred from skateboards that have flown into the air and caused damage to her private property. Mrs. Sibbald reiterated previous concerns for safety in permitting this type of structure in such close proximity to other properties.
Vice-Mayor Richter stated that Council has already taken action on the subject of skateboard structures on private property, noting that Council referred the matter to the Planner and Solicitor for their review and for potential drafting of an applicable ordinance.
Referring to questions by Mr. Weyandt regarding possible violation of ordinances, Mr. VanSant stated that citizens cannot violate an ordinance if there is no ordinance to violate. He stated that many ordinances have come to life because neighbors were unable to solve neighborhood problems. He reiterated that he is not in favor of prohibiting residents use of their private property, but that he strongly supports any ordinances concerning the safety of citizens. Mr. VanSant cited many examples of ordinances that were adopted to regulate the safety of citizens, reminding Council that the ordinances were not adopted to deny anyone of their rights, but to ensure a safe atmosphere for all residents of the City.
Mr. VanSant moved that the above also be referred to the Planner and Solicitor to be considered in conjunctions with the previous letter on the subject matter, seconded by Mr. Christiansen and unanimously carried.
Request to Display Paintings in City Buildings - Illustration of Delaware’s Heritage - Alice Chen Pattison
Alice Chen Pattison requested Council’s permission to display paintings in City buildings. The paintings are entitled “Illustration of Delaware’s Heritage” and the subject of the art work is exclusively Delaware’s historic events.
Mr. Christiansen moved for referral to staff for review, for a report back to Council, seconded by Mr. Levitt and unanimously carried.
Bank of Delaware - Request to Install Temporary Modular Banking Unit at Greentree Village Shopping Center
James L. Keenan, III, Assistant Vice-President of the Bank of Delaware requested Council’s permission to install a temporary modular banking unit in the Greentree Village Shopping Center for approximately eight (8) months, until such time as their permanent facility in the shopping center is completed.
Mr. Jack Roe, Planner, stated that water and sewer service is available at the site chosen to locate the temporary structure. Several years ago, Council approved a similar request for the Bank of Delaware for their unit at the K-Mart branch. Mr. Roe explained that the Planning Commission has approved the request for a permanent bank, but the request for the temporary unit requires Council action. The City Planner recommended approval of the request.
Mr. Weyandt moved for approval of the request by the Bank of Delaware to place a temporary banking unit at the Greentree Shopping Center until the permanent bank is completed, stipulating that placement of the unit must meet the approval of the City Building Inspector/Planner. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
Bernard Bruner - Recognition of Heroism - Brance Thompson and Berry Hall
Mr. Bernard Bruner, in a letter to Mayor and Council, related to an accident which occurred on November 28, 1987 on Route #13 in the vicinity of The Bonanza Restaurant. Mr. Bruner wished to recognize the heroism displayed by Mr. Brance Thompson and Mr. Barry Hall, who rushed through ankle deep gasoline to remove two small children and an adult who were pinned in a vehicle that had been struck by a Paradee tanker truck. Mr. Bruner stated that these two gentlemen deserve recognition for their heroic actions.
Responding to a question by Mr. Christiansen, Chief Klenoski stated that he wrote letters of commendation to many citizens involved in the rescue and cleanup of the accident.
Mr. VanSant moved for referral to the Legislative and Finance Committee for proper action, to be considered along with a new concept for a citizen and/or employee award system. The motion was seconded by Mr. Christiansen and unanimously carried.
Senator Jacob W. Zimmerman - S.B. No. 44
Senator Jacob W. Zimmerman responded to the City’s request for support of S.B. No. 44, legislation to establish a state-wide paramedic service. Senator Zimmerman, co-sponsor of the bill, suggested that the City seek the support of the members of the House of Representatives and the members of the Human Resources Committee.
The City Clerk informed members of Council that the letters requesting support of the bill was sent to Governor Castle, Lt. Governor Woo, and every member of the General Assembly of the State of Delaware.
Mr. Weyandt moved to acknowledge receipt of the letter and to inform Senator Zimmerman that support from members of the House of Representatives has been solicited. The motion was seconded by Mr. Christiansen and unanimously carried.
Mr. Weyandt moved for adjournment into executive session to discuss personnel matters, seconded by Mr. Daisey and carried with Mr. Christiansen voting no.
Meeting Adjourned at 9:50 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 22, 1988, are hereby approved.
JOHN E. RICHTER
VICE MAYOR