QUARTERLY OPEN TOWN MEETING
The Quarterly Open Town Meeting was held on February 2, 1988 at 7:30 p.m. with Mayor Carroll presiding. Members of Council present were Mr. Richter, Mr. Daisey, Mrs. Legates, Mr. Lynn, Mr. Christiansen, Mr. Levitt, Mr. Weyandt and Mr. VanSant.
Staff members present were Mr. Roe, Mr. Bartlotta, Mr. Lucas, Chief Klenoski and Ms. Bittner
There being no scheduled items on the agenda, Mayor Carroll invited citizens to come forward to present any matters of interest to the Council and the public. Ms. Bittner stated that no correspondence was received.
Name of City Water Towers
Sean Christiansen of 714 Carol Street and Jason Osika of 858 Sunset Terrace addressed Council, requesting that the name of the City of Dover be displayed on the City’s water towers. They cited various other cities that use their water towers as a means of displaying their civic pride. They ended their presentation with a slogan - “Let’s not hide that Dover pride.”
Council applauded the boys for their interest and agreed that the water towers should display the name of our City, with Mayor Carroll suggesting the phrase “Capital of the First State - Dover, Delaware” being imprinted on the towers.
Ben Bowings - 198 Haman Drive
Mr. Ben Bowings of 198 Haman Drive addressed Council suggesting that the City’s priority list for street repaving be reviewed. He stated that newer streets are being repaved before older roads that are very much in need of repair such as Turner Drive. He questioned why the new streets seem to wear out so quickly, wondering if the City’s street specifications ate stringent enough.
Park Drive is on the priority list for street resurfacing, and Mr. Bowings does not feel that this street is in need of resurfacing. He also suggested that Mr. Richter consider installation of sidewalks in front of his home on Oak Drive. Mayor Carroll stated that the priority list for street resurfacing is made up by staff and approved by Council, assuring Mr. Bowings that the Mayor has no influence over the priority street resurfacing.
Mr. Bowings related observing City water workers repair a water line. He stated that they were very efficient and did and excellent job. Recognizing that these employees receive low wages, Mr. Bowings stated that Council should reconsider their offer to City employees relative to elimination of retiree health coverage for new employees.
Relating to the need for street improvements, Mr. Weyandt explained that the City has recognized that the street program needs to be upgraded. He asked Mr. Bowings if he would support a bond referendum to allow the City to Float a $2,000,000 bond to cover the 1988 and 1989 street programs. This would permit the City to catch up with street resurfacing and would permit proper maintenance of the City streets.
Mr. VanSant agreed that Turner Drive is in poor condition as well as Sunset Terrace which has sustained many patches from water line repairs. Approval of the bond referendum would allow the City to catch up with street resurfacing which is an area that the City has been remiss during past years.
Mr. Levitt assured Mr. Bowings that his suggestion for reconsideration of the priority list for street resurfacing will be looked at by Council and staff.
Mr. Bowings stated his support for such a bond referendum.
Durward Matthews - 359 Mockingbird Avenue
Mr. Durward Matthews of 359 Mockingbird Avenue, President of the Mayfair/Crossgates/Wedgewood Civic Association, expressed his support for the bond referendum to pay for street resurfacing throughout the City.
Mr. Matthews reiterated previous concerns for adequate police surveillance in his neighborhood. He felt that the growth of the City has resulted in less protection for the entire City. He requested that Council support additional police officers for the City of Dover.
Mayor Carroll stated that the Police Chief has repeatedly requested additional manpower for the Police Department. It is his hope that Council will increase the number of police officers in the proposed budget for 1988-89.
Mr. Weyandt recognized the need for adequate police protection, but stated that the taxpayers should be aware that it will cost the City approximately $60,000 for two (2) new police officers (includes salary, training, equipment, etc.) Council is faced with offering as many services as possible to the public without excessively raising taxes. He asked Mr. Matthews if he felt that the taxpayers would support the concept of raising property taxes to cover the costs of hiring additional police officers. Mr. Matthews stated that he could not speak for all taxpayers, but he personally would support the tax increase for the purpose of additional officers to ensure that the City of Dover remains a safe and secure city.
Mr. VanSant referred to the recent property tax reassessment, stating that if expenditures stay the same as year, the tax rate could be reduced. Each time additional expenses are considered, it less the possible tax reduction. He stated his support, however, for an increase in manpower of the Police Department. He felt that the Police Department is certainly in need of additional officers to ensure that the City of Dover remains a safe and secure city.
Relating to proposed impact fees as a financing alternative for future sewer construction, Mr. Matthews objected to present citizens paying, through water/sewer rated, for the new growth in Dover.
Janice Sibbald - 144 Blue Beach Drive
Mrs. Janice Sibbald of 144 Blue Beach addressed Council relative to the use of skateboard ramps in residential areas without regulations to govern their use. She stated that the City presently has no regulations concerning this type of structure. She related to an incident where her neighbors erected a skateboard ramp in their yard, within 5' of her property line. Although she has a 6' fence around her yard, skateboards have been launched uncontrollably over the fence into her yard.
(It is noted that Mrs. Sibbald’s concerns were addressed during the Council Meeting of January 25, 1988, where Council referred the matter to the City Planner and City Solicitor for a possible revision to the necessary ordinances.)
Mrs. Sibbald objected to limiting the height of a fence to 6' when there are no limitations on the height of a structure such as a skateboard ramp. She stated that on numerous occasions, skateboards have flown over her fence into her yard and cited the possible dangers of this type of situation. Blue Beach Drive has become inundated with children utilizing skateboards, one the public roadway as well as on sidewalks and private property. She reported that the skateboards have caused property damage to neighbors’ vehicles and alluded to the dangers of children utilizing skateboards in such close proximity to automobiles. When reporting her concerns to the Police Department, she has been told that the Police Department was not issuing tickets for skateboards because City Council had not made a definitive statement on how the problem should be treated. She addressed her problem to the Inspections Department, where Mr. Ed Cregar informed her that there are no provision in the Zoning Code to govern skateboard ramps and that she could appeal his interpretation of the Code to the Board of Adjustment.
Mr. Roe, Director of Inspections/Planning, addressed the problems cited by Mrs. Sibbald. Mr. Roe stated his opinion that this matter should not be addressed as a zoning problem. Even if a skateboard ramp could be termed as a “structure”, the Zoning Code would address it as an accessory building which would not properly regulate skateboard ramps since accessory structures are permitted to be located within 5' of the property line and can be up to 15' in height. He suggested that Council’s previous action for referral to the Solicitor be adhere to so that an ordinance can be drafted to deal specifically with skateboard ramp regulations.
Mrs. Sibbald informed Council that insurance companies offering homeowner policies, will not insure a homeowner that has a skateboard “pipe” on their property. She was told that an insurance company will automatically cancel their coverage if the pipe is not removed and if claims are received, they will cancel coverage after the claims have been settled.
Mayor Carroll stated that since skateboarding has recently become popular, the City’s ordinances do not specifically address the regulations of skateboard ramps and agreed that the Solicitor should be given an opportunity to review the problem.
Mr. VanSant stated that he believes that citizens should be permitted use of their private property, although he feels that the safety and welfare of all citizens should also be considered. In viewing the structure near Mrs. Sibbald’s home, Mr. VanSant reported that the ramp has been located very close to Mrs. Sibbald’s property line rather than in the middle or to the rear of the owner’s back yard. He stated that he does not disagree with a family’s right to build a skateboard ramp in their yard, but for the safety and welfare of their neighbors, he felt that regulations such as setback requirements relative to adjoining properties should be addressed.
If Council adopts an ordinance regulating skateboard ramps, Mrs. Legates asked if it would cover ramps that are already in existence. Mr. Roe stated that the proposed ordinance would not be addressed as a zoning ordinance. The City Solicitor informed Mr. Roe that an adopted ordinance dealing with the health and safety of citizens would apply to everyone and could be retroactive.
Responding to questions by Mr. Christiansen, Chief Klenoski stated that his department is only responding to skateboarding violations if a complaint is made by a citizen.
Mr. Levitt pointed out that the City Police have suggested that riding skateboards in the street is an unsafe practice and he hoped that this would be recognized by parents. The police department has many other responsibilities and there is very little time left for police officers to devote to skateboard usage. Mr. Levitt hoped that parents would protect their children from possible dangers by overseeing proper use of the skateboards.
Paul Kozel - 728 Fairview Avenue
Mr. Paul Kozel of 728 Fairview Avenue informed Council of an incident where he and a friend were ice skating on Silver Lake at Richardson Park at approximately 9:00 p.m. They were approached by a police officer and told that they were not permitted to skate on the lake at night. Mr. Kozel stated that citizens have been ice skating on Silver Lake for many years and it is a very popular recreational activity. There is a sign posted as “Use at Own Risk”, but there is no sign prohibiting use of the lake at certain times. Mr. Kozel objected to being prohibited from partaking in a recreational activity which has been permitted for many years.
Responding to questions by Mr. Christiansen, Mr. Bartolotta stated that the City has discussed regulations governing ice skating but no action was taken since the City did not want to assume responsibility for possible accidents or injuries. It was staff’s feeling that Silver Lake is not a safe place to ice skate. Mr. Richter also voiced concern for the safety of ice skaters utilizing the lake.
Mr. VanSant referred to a State statute relating to public use of private land. I f property is posted as no trespassing, the owner could be held responsible for trespassers who may become injured.
Mr. Levitt stated that ice skating is a family recreational activity and he encouraged the City to allow the tradition of utilizing Silver Lake for ice skating.
Mayor Carroll agreed that this particular incident was unfortunate, but he felt the Council should take no action until they know exactly what was involved. Mr. VanSant agreed with recreational ice skating but did not feel that the City should be involved in determining when it is safe to do so.
Chief Klenoski stated that the Police Department was responding to a complaint when they approached Mr. Kozel. He stated that there is a City rule prohibiting the use of City parks after dusk. Since the Police Department received a complaint of park utilization after dark, they had to respond to the complaint.
Mr. Daisey requested that Council take some action on whether or not skaters are permitted to use the lake for ice skating and if the permission is restricted to use prior to dusk. Mayor Carroll stated that the only reason Mr. Kozel was stopped from using the lake was because a complaint was received from a citizen. He did not wish to promote the practice of ice skating but did not feel that Council should take action to prohibit its use.
Ruth Tee - 822 Whiteoak Road
Ms. Ruth Tee of 822 Whiteoak Road thanked members of Council for action that has been taken in response to her previous complaints which were addressed in letters dated February 19,1986 and August 24, 1986, most especially the removal of an abandoned vehicle in her area.
Ed Dahn - 1190 Charles Drive
Mr. Ed Dahn of 1190 Charles Drive thanked members of Council for adhering to his request for a non-smoking policy during committee meetings. He stated his observation of the hard work of the Mayor and Council and his appreciation for the many workshops being held in reference to recreation, district heating, Power 2000, etc. He also expressed appreciation for the report by the City Clerk on single voter registration. Mr. Dahn suggested that the City approach the County for cooperation in sharing in such things as a community swimming pool, park on the west side of Dover, etc.
Mrs. Legates suggested that all citizens, as Kent County taxpayers, also approach Kent County Levy Court for assistance in providing services.
Mayor Carroll assured Mr. Dahn that the City has made efforts to work with the County on many issues. Mr. Lynn also assured Mr. Dahn that the City is attempting to work with the County on a cooperative basis and hopefully will move forward with programs that affect the County as well as the City.
Mr. Dahn voiced his feelings on many areas of interest that are presently being considered by members of Council including impact fees, cable television rates, and the City’s recreations program. He reiterated his appreciation for the complexity of their jobs and the decision they have shown to the City of Dover.
Ron Harmon - New Burton Road
Mr. Ron Harmon of New Burton Road stated his appreciation for Council action last year which properly zoned his property to permit a curtain shop. It is his feeling that the shop is an asset to Dover. He informed Council that the shoulders of New Burton Road are in very poor condition. Although he is aware that this is a State maintained road, he requested that the City assist hime in convincing the State to upgrade the shoulder of the roadway since City residents live on a portion of New Burton Road.
Mr. Weyandt suggested that Mr. Harmon contact the City Manager for the assistance he requested.
Tom MacLeish - 623 Roberta Avenue
Mr. Tom Macleish of 623 Roberta Avenue addressed Council relative to trash dumpsters at the Tudor Industrial Park. He asked if the City had an ordinance that would require that dumpsters have lids and require that they be properly screened. He stated that Culligan’s dumpsters are overflowing, with no lids and improper screening. He also cited a problem with overflowing trash from a State office that recently moved into the Industrial Park.
Mr. Roe assured Mr. MacLeish that the City has ordinances to regulate this matter. His office will check this problem immediately.
Responding to a question by Mr. Richter relative to a previous concern of Mr. MacLeish of proper buffering behind the Tudor Industrial Park, Mr. Roe stated that several trees were planted as a screen. However, many of the residents requested that further screening not be performed since they wished to use this property for access to the back of their homes. Mr. MacLeish stated that the chemicals from the overflowing trash from Culligan’s has resulted in the grass and trees in the area being killed.
RESCHEDULED MEETING DATE FOR LEGISLATIVE AND FINANCE COMMITTEE
Noting the late hour, Mr. Weyandt requested permission from Legislative and Finance Committee members to reschedule the meeting, which was to convene on February 1st, immediately following adjournment of the Open Town Meeting. He suggested that the meeting be held on February 2, 1988. There were no objections to Mr. Weyandt ‘s suggestion.
Meeting adjourned at 9:00 p.m.
DEBRAH J. BITTNER
CITY CLERK
CRAWFORD J. CARROLL
MAYOR