REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on December 28, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Weyandt and VanSant. Councilman Levitt was absent.
Council staff members present were Chief Klenoski, Assessor Lucas, City Manager Bartolotta, Fire Chief Willson, City Clerk Bittner and Solicitor Rodriguez.
The Invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested the addition of a letter from the Elks Lodge #19, to be considered under correspondence as item #19 (F), and the addition of item #10 (A) for the purpose of presenting an award.
Mr. Christiansen moved for approval of the agenda as amended, seconded by Mr. VanSant and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 23, 1987
The minutes of the Regular Council Meeting of November 23, 1987 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
MONTHLY REPORTS - NOVEMBER
By motion of Mr. Weyandt, seconded by Mr. Christiansen, the following reports for the month of November were unanimously approved:
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
Improvement and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report Parking Fund, Cash Receipts & Budget Report
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on November 24, 1987 with Chairman Legates presiding.
Request to Remove Tree in Front of 967 Carvel Drive - Vera Strozz
Ms. Vera Strozz of 967 Carvel Drive requested that the City cut down a tree, is located in front of her home. She explained that the overgrown tree has extensive damages to her property.
Upon investigation of the exact location of the tree, it was determined that the tree is located on the private property of Mrs. Strozz and the City's permission for removal is unnecessary.
Mrs. Strozz was notified that she could have the tree removed at her own discretion. No further action was necessary.
Update by City Manager - Requests for Skateboard Facility
Requests for a skateboard facility were received and considered by the Parks and Recreation Committee. It was noted that the committee recently considered a proposal for the construction of a skateboard facility with staff feeling that such a facility would serve a very small percentage of the public and would prove costly to-construct and maintain. An experiment, designating a portion of the parking lot in Dover Park and one-half of the basketball court in Mayfair for skateboarding, revealed very little utilization of either of the designated skateboarding facilities.
The committee noted that the concept of a skateboard facility could be discussed further as a part of the Long Range Recreation Plan Study.
The City Manager was authorized to respond to future letters or requests for skateboard facilities, relaying the City's present position on the subject and notifying that a Long Range Recreation Plan is presently being considered which will include discussions on skateboard facilities within the City.
Suggestions on Comprehensive Recreational Plan for City of Dover -_Michael J. Malkiewicz
A letter was submitted to the committee by Mr. Michael J. Malkiewicz concerning suggestions relative to the City's Long Range Recreational Plan. The committee thanked Mr. Malkiewicz for his input and interest and noted that this information will be useful during future workshops on the Long Range Recreation Plan.
Workshop - Long Range Recreation Plan
Staff presented the second series of the Long Range Recreation Plan concerning the development of a comprehensive plan on parks, recreation and open space. The next workshop will be held on January 26, 1988.
Mr. Weyandt moved for approval of the Parks and Recreation Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
PROPOSAL FOR 1988-89 BOATING FEES - SILVER LAKE COMMISSION
The Silver Lake Commission submitted a proposal for the 1988-89 Silver Lake boating license fees. The Commission recommended that the following fees be approved for implementation in March 1988:
Power Boats
Horsepower City Residents Non-Residents
1-10 $10.00 $20.00
11-25 15.00 30.00
26-50 20.00 40.00
51-75 35.00 70.00
76-115 50.00 100.00
Jet Skis 50.00 100.00
Non-Powered Boats
All Types $5.00 $10.00
Once a Year-
3 Hour Pass 0.00 5.00
One Day Visit 25% of Annual Fee
The Commission also recommended that jet skiers be given the opportunity to operate on Silver Lake during the 1988 season, with strict enforcement of City ordinances relating to water safety on the lake.
Mr. Weyandt felt that the proposal should be reviewed by the Parks and Recreation Committee prior to Council approval.
Mrs. Legates questioned Chief Klenoski on the time necessary for printing of licenses if new fees are adopted. Chief Klenoski responded that printing could be delayed if necessary.
Mr. Weyandt moved for referral of the proposal to the Parks and Recreation Committee, seconded by Mr. Christiansen and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on November 24, 1987 with Chairman Legates presiding.
Request for Placement of Stop Sign - Nimitz Road and Townsend Boulevard - Patricia Martin
The committee considered a request from Ms. Patricia Martin of 890 Townsend Boulevard, for stop signs on Nimitz Road at Townsend Boulevard. Ms. Martin expressed her concern for the safety of children who walk near the intersection. School children departing from Towne Point Elementary School utilize Townsend Boulevard to filter back into the neighborhood and the children cross Nimitz Road to enter the Whiteoak Park. She stated that motorists exceed the speed limit on Nimitz Road and felt that the requested stop signs would help to slow traffic down.
Chief Klenoski advised the committee that there is a stop sign on Townsend Boulevard eastbound at Nimitz Road, stating that eastbound vehicles have good visibility for both north and south bound traffic. The speed limit is set at 25 mph with drainage "dips" in the road and curbs both north and south of the intersection, which aid in slowing down vehicular traffic. There have been no reported accidents at this intersection within the last 12 months. Based on available information, it was the recommendation of the Police Department staff that the need for the stop signs was not warranted.
Committee members acknowledged that speeding is a problem on Nimitz Road. Radar has been utilized, but Chief Klenoski stated that there is insufficient manpower within the Police Department to maintain speed surveillance in this area on a regular basis.
It was the recommendation of the committee that stop signs be placed on Nimitz Road at the intersection of Townsend Boulevard as requested.
Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Mr. VanSant alluded to statements by Ms. Martin that the present stop signs are ignored by motorists and wondered why the committee felt that the placement of additional stop signs would solve the problem. It was his opinion that additional regulations are useless unless violations are enforced. He stated that during the budget process. Council should increase manpower for the Police Department so that enforcement of violations is possible.
On a call for the question by Mr. Christiansen, the motion was unanimously approved to place stop signs on Nimitz Road at the intersection of Townsend Boulevard.
Unsafe Traffic Practices - Dover Diner Parking Lot onto Edgehill Avenue - Ms. Ruth Tee
Ms. Ruth Tee explained to the committee a hazardous condition that exists which stems from vehicles coming off of Route #13 and cutting through the Dover Diner parking lot onto Edgehill Avenue. She stated that the situation has existed since Slaughter's Used Cars purchased the three lots behind the Dover Diner. Prior to the purchase, vehicles were unable to go through the parking lot due to the placement of barriers which were removed by Slaughter's. Ms. Tee felt that the vehicles are dangerous to the children and other vehicular traffic utilizing Edgehill Avenue. She requested that the City take action to require the replacement of the barriers.
The committee acknowledged the possible dangers, but informed Ms. Tee that the parcel of land is private property and that the City has no jurisdiction for intervention. The Police Department can only make arrests if violations occur consisting of drunken driving, reckless driving, or careless driving. The committee suggested that Ms. Tee contact the owners of the property in an attempt to have the barriers replaced.
Request for Stop Sign - Merion and Troon Roads - Donna Jones
A request was received from Ms. Donna Jones of 312 Troon Road for a stop sign, to be placed at the intersection of Merion and Troon Roads, where a yield sign presently exists.
City staff recommended approval of the request due to the increased traffic flow in the area.
The committee recommended approval of the replacement of a yield sign with a stop sign at the intersection of Merion and Troon Roads.
Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Discussion - Section 13-6 of City Code - Authority to Place Traffic Control Devices
The committee considered a request by Chairman Legates to review Section 13-6 of the City Code relative to the placement of traffic control devices. The present ordinance requires Council approval for the placement of traffic control signs. Mrs. Legates suggested that the committee consider an ordinance change that would allow the Chief of Police and/or the City Manager to determine the placement of such traffic control signs in an attempt to expedite the procedure. Should a citizen disagree with the determination, then the matter could be referred to the Safety Advisory Committee to review.
Chief Klenoski explained that when making a recommendation to the Safety Advisory Committee concerning the need for traffic control devices, the Police Department utilizes the Uniform Traffic Code. Mr. Richter felt that police staff should have the authority of determining where traffic control devices should be placed, noting that this is within the realm of their field of expertise.
After discussing the subject at length, the committee recommended that the matter be referred to the City Solicitor for details with respect to a guideline on all aspects of an ordinance change relative to the placement of traffic control signs. stipulating that the Solicitor consider the possibility of an appeal process.
Mrs. Legates moved for approval of the committee's recommendation to refer the matter to the Solicitor, seconded by Mr. Weyandt and unanimously carried.
Mr. VanSant suggested that the Solicitor also consider the legality of City staff expending the funds involved in the purchase of traffic control devices for placement.
Division Street and Governors Avenue - Traffic Signal
Councilman Weyandt suggested that a left turn signal be utilized at the Division Street and Governors Avenue intersection, for traffic going west and for traffic going east off of Governors Avenue. Other intersections in this vicinity accommodate left turn signals. At one time, left turn signals were utilized at this intersection and it was Mr. Weyandt's feeling that the two left turn signals should be re-installed. The cost for installation would be minimal since the wiring should still be in place and the lights are already stocked at the City Warehouse.
It was noted that additional traffic is utilizing this intersection since the closing of State Street, between Water Street and Loockerman Street, causing a backlog for vehicles attempting to turn left off of Governors Avenue for both east and west travelers.
Mr. Bartolotta stated that should the City decide to re-install the left turn signals, the State would not object as long as the coordination patterns are redetermined and maintained, although they recommend not less than two patterns be instituted.
The committee was informed that the Assistant City Manager is currently working with the Electric Department on a left turn signal at North Street. It was suggested that the committee allow him to review the traffic signals at Division Street and Governors Avenue at the same time.
The committee recommended that the Assistant City Manager be permitted to study this request and that staff ask the State to prepare an updated traffic count on vehicles turning left at this intersection. Upon receiving the report from the State, the committee will review its contents and make a recommendation to Council for action.
Capital School District Letter - Portable Stop Sign Ross and Pear Streets
Mr. Raymond Taraila, President of the Capital School District, requested that Council approve a change in the present portable stop at Ross and Pear Streets to a permanent stop sign at the intersection. The present policy allows the use of a stop sign during certain hours of day (as approved by Council on December 23, 1985). Mr. Taraila informed the committee that School District staff members and Fairview parents have monitored this intersection and concluded that a permanent stop sign is necessary based upon the observation and analysis of the safety conditions for the children who must cross this intersection to attend Fairview Elementary School. It was also their feeling that a permanent stop sign would bring about the needed degree of stability and uniformity for all vehicles that drive along this road and would fit into the grid of other stop signs that are presently located throughout the residential community of Fairview.
According to Chief Klenoski, the portable stop sign worked well during the first school year after the request was made. However, during the current school year, the Police Department has found a problem with the sign remaining in a stop position at all times, noting that the original agreement is being violated.
Mr. Weyandt objected to a permanent stop sign at this intersection, stating that Pear Street is the only street left, west of Route #13, that permits access for commercial vehicles traveling east of the railroad. He stated that Governors Avenue and State Street are posted "local truck delivery only" and that New Street has a stop sign on every intersection from William Street to Walker Road, leaving Pear Street the only available street that commercial trucks can travel on to service the businesses along Pear Street.
It was Mr. Weyandt's opinion that a crossing guard would serve the same purpose and would be potentially safer for the children crossing Pear Street. He noted the use of crossing guards for other elementary schools in the area and felt that it is the responsibility of the Capital School District to supply a crossing guard at this intersection for the protection of the young children attending the Fairview Elementary School.
It was the recommendation of the Committee that the City adhere to the original agreement with the Capital School District concerning the portable stop sign.
Mrs. Legates noted that a letter was hand delivered to the City Clerk's Office, on the afternoon of the Safety Advisory Committee meeting, from the Friends of Fairview who requested that their letter be read before City Council. Since this subject was scheduled for discussion in the November committee meeting and Council would not meet until December 28th, the letter was read during the November Safety Advisory Committee meeting so that the views of the Friends of Fairview would be known to committee members during discussions. Mrs. Legates read into the record the following letter:
"Please assist us in our efforts to enhance the safety of the Ross Street, Pear Street crosswalk. Our goal is to have the presently turnable stop signs made permanent. Mrs. Robeson, our President, and I will be glad to discuss this matter further with you. Request this letter be read before the full Council and that it be directed to the appropriate committee.
Yours truly,
Brian W. Wasko”
Responding to a question by Mr. VanSant, Chief Klenoski stated that he was originally opposed to the concept of a portable sign due to the possible confusion to motorists.
Mr. Christiansen stated that it is the feeling of the parents of children attending Fairview Elementary School that the portable stop sign is confusing to motorists and confusing to the children who utilize the intersection. He agreed that the Capital School District should supply a crossing guard, but in lieu of-that, felt that a permanent stop sign should be installed at the intersection of Pear and Ross Streets.
Mr. Weyandt stated that he would not vote on the motion because of a conflict of interest, however, he reiterated his concerns as stated during the committee meeting. He also reiterated his opinion that the responsibility for the safety of the small children walking to and from school should be that of the Capital School District. Every property owner pays a substantial amount of money in school taxes and Mr. Weyandt felt that this money would be well spent in hiring a crossing guard for this intersection.
Mrs. Legates moved for approval of the recommendation of the committee to adhere to the original agreement with the Capital School District, seconded by Mr. Daisey and carried with Mr. VanSant voting no (Mr. Lynn and Mr. Weyandt abstaining).
Mr. Christiansen moved that a letter be sent to the Capital School District expressing the City's concern and suggesting that action be taken to place a crossing guard at the intersection of Pear and Ross Streets to ensure the safety of small children attending the Fairview Elementary School. The motion was seconded by Mr. Weyandt and unanimously carried.
It was noted by Mr. VanSant that the original motion states that if the school abused the privilege of placing the sign at the designated times, then approval by Council for the portable stop sign would be rescinded.
Two Way Traffic - North Street
The Assistant City Manager requested that the committee give consideration to making North Street open for two-way traffic on a permanent basis from Queen Street to Federal Street. Discussions concerning the flow of traffic on North Street have taken place since the planning and construction phase of Constitution Place. It appears that two-way traffic seems to be preferable by the majority
and Mr. Worley requested that he be authorized to contact property owners residing on North Street to obtain their reactions to the concept.
Mrs. Legates noted that the committee will consider the responses solicited by Mr. Worley for a report to Council at a later date.
December Meeting Cancellation
Noting the close proximity of the Christmas holidays and the lack of pending agenda items, the December meeting of the Parks and Recreation Committee and the Safety Advisory Committee has been cancelled.
Mr. Lynn moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. VanSant and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 1, 1987 with Chairman Weyandt presiding.
Annual Financial Report for 1986/87
The committee reviewed the Annual Financial Report for 1986/87 with Janis Nesterak, representing Faw Casson and Company, present to answer questions. After-reviewing the report in detail, it was the recommendation of the committee that the Comprehensive Annual Financial Report for 1986/87 be accepted.
Mr. Weyandt moved to approve the committee recommendation for acceptance of the Comprehensive Annual Financial Report for 1986/87, seconded by Mr. VanSant and unanimously carried.
Update - Downtown Study
Assistant Inspections Director/Planner, Ed Cregar, outlined the status of the downtown study. Proposals were received from eight (8) consulting firms, with six (6) firms meeting the qualifications for performance of the downtown study. Presentations were made by the firms to a Review Team which was created, consisting of two (2) Planning Commission members. one (1) member of the Parking Authority, the City Manager, Mr. Roe and Mr. Cregar. The City Planner will present additional information and a recommendation during the December 28th Council Meeting.
Update - Constitution Place Signs
The committee was given a brief update on the status of the Constitution Place Signs. Mr. Bartolotta informed Council that the signs are now in place.
Request for Emergency Shelter Program Allocations
On November 23, 1987, the Mayor and Council directed that the City send a letter of intent for $24,000 in Emergency Shelter Grant Program funds made available by the U.S. Department of Housing and Urban Development. The funds would be utilized for improvements to the original section of the Ruth N. Dorsey Relief Shelter. Matching funds must be provided in order to qualify for the grant Monies. A letter has been received from the Dorsey Relief Shelter stating their commitment to provide the required matching funds.
It was the committee's recommendation that the City apply for the Emergency Shelter Grant Program funds on behalf of the Ruth N. Dorsey Relief Shelter.
Mr. Weyandt moved to approve the committee's recommendation to apply for the Emergency Shelter Grant Program funds, in the amount of $24,000, on behalf of the Ruth N. Dorsey Relief Shelter, seconded by Mr. VanSant and unanimously carried.
Community Development Block Grant Schedule
The City was notified of the availability of Community Development Block Grant funds for fiscal year 1988 by the Division of Housing and Community Development. The City also received a letter from Kent County offering to administer the City's CDBG program. The County has made its services available to towns and cities within Kent County since inception of the State CDBG program.
Since the City has available Community Development staff to administer its CDBG program, the committee recommended that the City not utilize the services of Kent County. The committee also recommended that City staff be authorized to apply for the FY 88 Community Development Grant funds, as outlined in the application schedule.
Mr. Weyandt moved to approve the recommendation of the committee, seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Levitt absent).
1988 Holiday Schedule
The City Manager-submitted a proposed holiday schedule for City employees for 1988 and a separate schedule for the police negotiating unit. It was noted that the City is negotiating with police personnel to have their holiday schedule coincide with all other departments.
Mr. Weyandt moved for approval of the following 1988 holiday schedule for the City of Dover, excluding police negotiating unit, seconded by Mr. VanSant and unanimously carried:
New Year's Day January 1 (Friday)
Martin Luther King's Birthday January 15 (Friday)
President's Day February 15 (Monday)
Good Friday April 1 (Friday)
Memorial Day May 30 (Monday)
Independence Day July 4 (Monday)
Labor Day September 5 (Monday)
Columbus Day October 10 (Monday)
Veterans Day November 11 (Friday)
Thanksgiving November 24 (Thursday)
Christmas December 26 (Monday)
Mr. Weyandt moved for approval of the following 1988 holiday schedule for the police negotiating unit, seconded by Mr. Christiansen and unanimously carried.
New Year's Day January 1 (Friday)
Lincoln's Birthday February I (Monday)
Washington's Birthday February 15 (Monday)
Good Friday April 1 (Friday)
Memorial Day May 30 (Monday)
Independence Day July 4 (Monday)
Labor Day September 5 (Monday)
Columbus Day October 10 (Monday)
Veterans Day November 11 (Friday)
Thanksgiving November 24 (Thursday)
Christmas December 26 (Monday)
It was noted that the police holiday schedule is subject to bargaining negotiations.
Municipal Lien Docket - Solicitor Rodriguez
The committee has discussed the City's present practice of the City in recording of municipal liens. The City maintains a Municipal Lien Docket which contains information on liens that have been placed on properties. The liens are not recorded with the County and Mr. Weyandt felt that the City should investigate the possibility of having City liens recorded with the County to eliminate the possibility of liens being overlooked during property transfer transactions.
By request of the committee, the City Solicitor reviewed this matter. Upon review, Mr. Rodriguez recommended that Section 28 (d) of the City's Charter be amended to provide that liens recorded in the municipal lien docket automatically become liens on all real property owned by the person in the City of Dover. The recent passage of 25 Del. C. Section 2901 makes municipal debts incurred for taxes, sewer bills and services, water bills and services, and trash collection bills and services, liens on real property. The only notable exception is electric bills and charges. Therefore, Mr. Rodriguez stated that bills incurred for City taxes, sewer, water, and trash collection automatically becomes liens on real property by virtue of this statute.
It was noted that all knowledgeable attorneys check with municipalities when applicable for a statement of bills prior to settling real property. This is customarily done through the City of Dover Assessor's office who circulates a form to the various departments for a statement of outstanding bills.
Mr. Rodriguez suggested that this form also include outstanding bills for grass cutting and demolition costs and that it be circulated through the Building Inspector's office to obtain this information.
Based on the information submitted by the City Solicitor, it was the recommendation of the committee that the Solicitor be authorized to prepare the necessary documents to implement an amendment to Section 28 (d) of the City's Charter to provide that liens recorded in the lien docket automatically become liens on all real property In the City of Dover.
Mr. Weyandt moved for approval of the committee recommendation, seconded by Mr. VanSant and unanimously carried.
Mayor Carroll questioned the Solicitor on the City's ability to enforce liens against properties located outside the City limits. Mr. Rodriguez felt that the liens could only be enforced within the City limits but will research the matter Prior to submitting the Charter amendment documents.
Farmland Exemption Ordinance
The City Assessor Informed the committee that 9 Del. C. Section 8335 indicates an allowable roll back of taxes for farmland of five (5) years, pointing out that the City ordinance specifies only a two (2) year roll back. He also pointed out that the City Code requires at least five (5) acres to qualify as a farm, yet 9 Del. C. Section 8334 requires ten (10) acres. The City presently totally exempts farmland from property taxes, although the City Code does not specifically state that farmland is tax exempt and Mr. Lucas suggested that the City Solicitor be authorized to draft the necessary ordinance amendments to bring the City's farmland ordinance Into compliance with State law.
In a letter dated November 4. 1987, the City Solicitor stated that provisions for a two (2) year roll back of taxes and the area requirement of five (5) acres were made by Council prior to the amendment by the State of Delaware. If Council wishes to amend these sections to comply with State law, the changes could be made by passing an ordinance to that effect.
Relating to tax exemption of farmland, Mr. Rodriguez stated that if the City is not placing any value on farmland and completely exempting it from taxation, then Section 19.5-11 is not being adhered to which provides that if the land qualifies as agricultural land, then it will be valued as agricultural land for the purpose of taxation. He suggested that this section be amended if Council wishes to continue totally exempting farmland from taxation.
It was the recommendation of the committee that Section 19.5-17, paragraph (d) be amended to require that farmland be subject to a roll back of five (5) years when a change of use of land occurs, stipulating that the amendment become effective April 1, 1988. The committee further recommended that the Solicitor be directed to prepare an ordinance that would totally exempt farmland from real property taxes.
Mr. Weyandt moved that the Solicitor prepare an amendment to Section 19.5-17, paragraph (d) to require that farmland be subject to a roll back of taxes for five (5) years when a change in use of land occurs, stipulating that the amendment become effective April 1, 1988. The motion was seconded by Mr. VanSant and carried with Mr. Christiansen voting no.
Mr. Christiansen voiced his opposition to the motion, feeling that increasing the roll back to five (5) years would discourage development. Mr. VanSant felt that when farmland has been totally exempt from taxation, there should be some type of premium paid when that land is developed.
Mr. Weyandt moved that the Solicitor be directed to prepare an ordinance that would totally exempt farmland from real property taxes, seconded by Mr. VanSant and unanimously carried.
Referring to the State requirement of ten (10) acres to qualify as a farm, Mr. Lynn asked if the City would be required to alter its requirement of five (5) acres to coincide with State law. Mr. Lucas responded that the City could be less restrictive than the State but could not be more restrictive.
Discussion - City of Dover Fiscal Year