ANNUAL COUNCIL MEETING
The Annual Meeting of Council was held on May 11, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Mr. Richter, Mr. Ambruso, Mrs. Legates, Mr. Lynn, Mr. Christiansen, Mr. Witt, Mr. Weyandt and Mr. VanSant.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 27, 1987
The Minutes of the Regular Council Meeting of April 27, 1987, were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 4, 1987
The Minutes of the Quarterly Open Town Meeting of May 4, 1987 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. VanSant and bore the written approval of Mayor Carroll.
OATH OF OFFICE - COUNCIL ELECT
The Honorable William G. Bush, III, Judge of the Superior Court administered the oath of office to Councilmen Elect, as follows:
Councilman - First District - Jack Richter
Councilman - Second District - William H. Daisey
Councilman - Third District - Irving S. Levitt
Councilman - Fourth District - Robin Christiansen
Mrs. William H. Daisey, Mrs. Irving S. Levitt, and Mrs. Robin Christiansen accompanied their husbands to the podium for the oath of office as administered by the William G. Bush, III, Judge of the Superior Court.
RESOLUTION - COUNCILMAN MICHAEL J. AMBRUSO
By motion of Mr. Lynn, seconded by Mr. VanSant, Council unanimously adopted the following Resolution:
WHEREAS, Michael J. Ambruso was elected as Councilman of the Second District of the City of Dover on April 15, 1985, serving with distinction until May 11, 1987; and
WHEREAS, during his term in office, Michael J. Ambruso served on the Parks and Recreation Committee, Safety Advisory Committee, Legislative and Finance Committee, and the Building Code Appeals Committee; and
WHEREAS, Councilman Ambruso’s business approach to the numerous functions of City government contributed greatly to the orderly growth of the City for the betterment of the community and welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. Councilman Michael J. Ambruso’s wit and lighthearted approach during times of stress in the City government will be sorely missed by his colleagues on Council.
2. The Mayor and Council wish to thank Michael J. Ambruso and his family for the personal time and expertise contributed to the City of Dover in behalf of all citizens.
3. The Mayor and Council of the City of Dover direct the City Clerk to make this resolution a part of the permanent records in sincere appreciation for the dedication shown by Michael J. Ambruso during his tenure in office.
ADOPTED: MAY 11, 1987
Mayor Carroll thanked Councilman Ambruso for his many hours of dedicated service to the City of Dover, presenting him with a plaque and a framed copy of the Resolution embossed with the City seal.
Councilman Ambruso emotionally thanked all members of Council and the Mayor for a rewarding association that was derived from the procedures of running the City Government during his tenure.
Councilman Ambruso related to his concern for the ever growing two-hour parking prohibitions. If this prohibition on parking continues, he stated that Councilman Weyandt probably would not find a parking space downtown to conduct necessary business or partake a cup of coffee with friends. He presented Councilman Weyandt with a parking sign with the following wording: “Two-Hour Parking Except For Mr. Weyandt”.
RESOLUTION - COUNCILMAN CHARLES L. WITT
By motion of Mr. Lynn, seconded by Mr. VanSant, Council unanimously adopted the following Resolution:
WHEREAS, Charles L. Witt was first elected to office as Councilman of the Third District in the City of Dover in January 1975 and began his duties on February 12, 1975, serving with dedication until May 11, 1987; and
WHEREAS, Charles L. Witt served as Vice-Mayor from May 1984 to May 1987, served as a member and chairman of the Parks and Recreation Committee and Safety Advisory Committee, member and chairman of the Legislative and Finance Committee, member and chairman of the Building Code Appeals Committee, chairman of the Police and Civilian Pension Committees, and member of the Utility Committee; and
WHEREAS, his keen interest in municipal affairs was recognized by the Delaware League of Local Governments when he was elected Vice-President, furthering his personal dedication to monitor legislation by the General Assembly that could be detrimental to cities throughout the State of Delaware.
WHEREAS, Charles L. Witt was a voting delegate of the National League of Cities, serving on the Human Resources, Effective Government, and Community and Economic Development Committees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council, in behalf of citizens of Dover, express sincere gratitude to Charles L. Witt for the many sacrifices in personal time contributed to the City of Dover.
2. The Mayor and Council wish Charles L. Witt and his family success and happiness in their future endeavors.
3. The Mayor and Council of the City of Dover direct the City Clerk to make this resolution a part of the permanent records as an everlasting expression of gratitude to Charles L. Witt.
ADOPTED: MAY 11, 1987
Mayor Carroll presented Councilman Witt with a plaque bearing the seal of the City of Dover denoting his many years of service. A framed copy of the Resolution denoting his many years of service and his many appointments to important committees of the City was also presented.
Councilman Witt expressed gratitude to the Mayor and his colleagues for their cooperation over his many years of service. He also was appreciative of staff’s assistance while serving in his many capacities.
Councilman Witt voiced a special thanks to those City employees responsible for the beautification and maintenance of City properties and those hard working, unrecognized employees who maintain utilities that are essential to the citizens.
MAYOR CRAWFORD J. CARROLL - ANNUAL REMARKS
Mayor Carroll addressed Council and those present with the following remarks:
This year, 1987, is our nation’s Bicentennial and the City of Dover is where our great Republic began. Every American citizen should be thankful and proud of our country. We in the City of Dover have every right to be proud of our heritage and have confidence in our future.
This administration will be faced with some old issues and many new ones. I am confident all of us can work together along with City staff in meeting our responsibilities for the benefit of the citizens of Dover.
Now that the Federal Revenue Sharing allocations will no longer be available, we must find other sources of revenue. Until the State Legislature completes its present session, we will not know if financial assistance will be made available to the City of Dover.
The State of Delaware enjoys more revenue each year as a result of new residential, commercial and industrial growth within our State. As the City of Dover grows, the State realizes more revenue from income tax, gross receipt tax, transfer tax, liquor tax, accommodation tax, and the gas tax to name a few benefits. The City of Dover must provide all the planning and zoning, inspection during construction, utilities, police and fire protection, street cleaning and snow removal, trash collection, street light and maintenance, paramedics and the Senior Surrey, City library and parks, health inspection and code enforcement, along with many other services, but most of the revenue generated by the City of Dover remains with the State.
I feel the State of Delaware should give us a percentage of the taxes we generate within our City so that we can reinvest this money in future growth. As for the present 2% transfer tax, the City of Dover should receive 1% and the State 1%. This will give us up front money to cover our expenses as a result of new growth. As it now stands, our only revenue is through building permits and property taxes.
Now that I have brought up the subject of property taxes, I would like to suggest that the City Council consider changing our 60% assessment of appraisals to 100% and lower our tax rate so as to generate the same revenue. If this were to be done, it would eliminate some confusion and lower our present tax rate to 39 cents.
The Local Service Function Budget available to municipalities in New Castle County should be available to the citizens of the municipalities in Kent and Sussex. I urge this Council to prepare legislation for submission to the General Assembly requesting that Kent and Sussex be included in the New Castle County Class Legislation.
We now have a good Comprehensive Plan that will give us guidance and a Five-Year Capital Improvements Plan. We have developed a long range water supply system consisting of our two new one million gallon storage tanks, along with the shallow well system now underway. The time has come for us to develop a long range plan regarding our Power Plant.
For us to stay in the generating business and remain in the PJM Pool, the City of Dover must start developing a Long Range Plan for our projected needs. In doing so we can determine when added capacity will be needed and keep abreast of any new technology that may become available.
The recommendations of the Charter Review Committee should be looked at again with serious consideration given to many of their recommendations. Tonight we have two new Council Members and the tax rate is already set for the next fiscal year. Last year we had four new members and they had no say what the tax rate should be for this fiscal year. The date of the election should be changed, there should be an odd number of Councilmen, the Mayor should not preside over Council, but let the Council Members elect a President of Council to preside with the right to vote on all matters. It is also important that some consideration be given to a strong Mayor in the years to come.
There are other improvements that should be made in our Charter, so that we will be able to better manage our rapidly growing City.
The Dover Parking Authority was re-activated last year and is now working toward developing more downtown parking. We should continue to support the State-wide Paramedic Service Legislation now pending in the General Assembly. We should join with other municipalities in Delaware to make a study of the Cable TV service throughout our State. Constitution Place and Constitution Park should proceed within the limits of the money available and we should continue to support the State-wide Liberty Center now under consideration.
There are many other issues and projects that will be addressed this year. Some of which I have not mentioned. I am confident this Council will work together on all matters brought before Council for consideration. I congratulate the newly elected members of Council and also thank those that are leaving tonight for their service to the City. I also wish to thank the City Staff and all of their employees, along with the Members of the Committees, Commissions and Authorities throughout the City.
Thank you.
RECESS
Mayor Carroll declared a recess for photographs of the newly sworn members of Council and members of the City Manager and Council staff.
RESOLUTION - OFFICE OF SOCIAL SECURITY HEARINGS AND APPEALS MOVE TO WILMINGTON
Mayor Carroll reconvened the meeting of Council.
By motion of Mr. Christiansen, seconded by Mr. Lynn, Council adopted the following Resolution:
WHEREAS, the City of Dover has been informed that the Philadelphia Office of Hearings and Appeals for Social Security claimants will no longer hear cases in Dover; and
WHEREAS, scheduling Dover cases in Wilmington will cause undue hardships to the elderly and unfortunate victims of illness who may find extensive travel painful and costly; and
WHEREAS, the existing backlog of unheard cases indicates that consolidating all cases in the Wilmington office would only multiply unfair delays, especially in the downstate area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council urges an immediate reconsideration of a decision to move all social security hearings and appeals to Wilmington.
2. In submitting this appeals, the Mayor and Council in the Capital City of the State of Delaware, feel confident that the Department of Health and Human Services can and will initiate corrective measures to properly staff the Office of Hearings and Appeals, making it unnecessary to remove their services from Dover.
3. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: MAY 11, 1987
Mayor Carroll stated that Delaware’s congressional representatives in Washington have been contacting the head of the Department of Health and Human Services and requesting that the Office of Hearings and Appeals remain in the City of Dover. He thought that the City of Dover should submit the aforementioned Resolution to the proper authority in an attempt to prevent relocation of the Social Security Hearings and Appeals Office.
RESOLUTION - AFTER SCHOOL CHILD CARE PROGRAM - DOVER EDUCATION & COMMUNITY CENTER, INC.
By motion of Mr. Lynn, seconded by Mrs. Legates, Council adopted the following Resolution:
WHEREAS, as a result of the rising demand for school-aged child care, the problem of where to house SACC programs has become more acute and finding locations accessible to low-income families is often an urgent priority; and
WHEREAS, in 1985 Emily Morris, the Executive Director of the Dover Educational and Community Center, and Susan Farley, the Executive Director of the Dover Housing Authority, started a kindergarten-age program that is housed in the community room of the Dover Housing Authority Development; and
WHEREAS, this program operates at the development from 6:00 a.m. to 6:00 p.m. and is attended by 22 children from the five elementary schools of the Capital School District; and
WHEREAS, this program is one of three throughout the United States that has formed a partnership between a community based organization and a public housing authority.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council wish to thank the Board of Directors of the Dover Housing Authority, Inc. and the Dover Educational and Community Center, Inc. for their vision and foresight in recognizing the needs of children and working parents.
2. The Mayor and Council of the City of Dover direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: MAY 11, 1987
Mayor Carroll noted that Mrs. Emily Morris has been instrumental in establishing a kindergarten aged program in the community, one of only three recognized in the United States. He felt that the move to join with the Dover Housing Authority will initiate an even better service to the community.
PROCLAMATION - SMALL BUSINESS WEEK
Mayor Carroll submitted the following proclamation:
WHEREAS, the history of America is one of a nation at work -- a nation of farmers, manufacturers and merchants joining together to build a better society, and
WHEREAS, our growing and prosperous nation is built on individual initiative, a competitive spirit and intense pride in our achievements; and
WHEREAS, the enterprising determination to work and to prosper is embodied in the more than 14 million small businesses which provide the technology to keep the economy growing, the manufacturing and marketing skills to keep the nation competitive, and the innovation to guide us into a better future, and
WHEREAS, we all benefit from the contributions of small businesses and those who create them.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of May 10 - 16, 1987, as
SMALL BUSINESS WEEK
in the City of Dover, Delaware, and ask that all in our fair City salute its small business men and women.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested to add two letter as agenda items under correspondence: one relating to the parking restrictions on The Green from Michelle Rosato, and another from M. Luke Lewan concerning graffiti downtown.
Mayor Carroll also noted in the Council packet, a revised act to amend the Charter of the City of Dover concerning reimbursement of expenses to Mayor and Council. He asked that this be added to the agenda for submission to the General Assembly.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn, and unanimously carried.
ELECTION OF OFFICERS - 1987/88
Vice-Mayor
Mr. VanSant moved to nominate Councilman Weyandt as Vice-Mayor for 1987/88. The motion was seconded by Mr. Lynn.
Mr. Weyandt declined the nomination of Vice-Mayor stating that his duties on committees would involved many hours. Due to personal reasons, he did not feel that he could devote additional time to the office of Vice-Mayor.
Mr. Weyandt moved to nominate Councilman Jack Richter as Vice-Mayor, seconded by Mr. Lynn.
Mr. Christiansen called for the question and Councilman Richter was elected Vice-Mayor for fiscal year 1987/88.
City Solicitor
Mr. Weyandt moved for the appointment of Nicholas Rodriguez as City Solicitor, seconded by Mr. Lynn and unanimously carried.
Deputy City Solicitor
Mr. VanSant moved for the appointment of Douglas Catts as Deputy City Solicitor, seconded by Mr. Levitt and unanimously carried.
Chaplain
Mr. VanSant moved for the appointment of Reverend J. H. Williams as Chaplain, seconded by Mrs. Legates and unanimously carried.
Fire Marshal
Mr. Weyandt moved for the appointment of Jack T. Roe as Fire Marshal, seconded by Mrs. Legates and unanimously carried.
City Clerk
Mrs. Legates moved for the appointment of William H. Willis as City Clerk, seconded by Mr. Levitt and unanimously carried.
Assistant City Clerk
Mrs. Legates moved for the appointment of Debrah J. Bittner as Assistant City Clerk, seconded by Mr. VanSant and unanimously carried.
City Treasurer
Mr. VanSant moved for the appointment of Mike Karia as City Treasurer, seconded by Mr. Christiansen and unanimously carried.
Assistant City Treasurer
Mr. VanSant moved for the appointment of William H. Willis as Assistant City Treasurer, seconded by Mr. Christiansen and unanimously carried.
Assistant City Treasurer
Mr. VanSant moved for the appointment of Debrah J. Bittner as Assistant City Treasurer, seconded by Mr. Christiansen and unanimously carried.
City Alderman
Mr. Weyandt moved for the appointment of William H. Willis as City Alderman, seconded by Mr. Christiansen and unanimously carried.
Deputy City Alderman
Mr. Weyandt moved for the appointment of Debrah J. Bittner as Deputy City Alderman, seconded by Mrs. Legates and unanimously carried.
Mayor Carroll congratulated the appointees of Council staff with thanks for their past service.
PUBLIC HEARING - REZONING - 812 S. BRADFORD STREET - FRANKLIN W. KINNAMON, JR.
A public hearing was duly advertised for this time and place to consider rezoning 812 S. Bradford Street, owned by Franklin W. Kinnamon, Jr.
Mayor Carroll declared the hearing open.
Relator, Mike Harrington, was present representing Franklin W. Kinnamon, Jr. advising that Dr. Quinn is planning to move a portion of his administrative staff to 812 S. Bradford Street.
Mr. Weyandt stated that the particular area around 812 S. Bradford Street is already plagued with tremendous parking problems. He objected to rezoning a non-conforming property that would only add to parking difficulties. He also noted that the property does not conform to the restriction of RG-0 zoning, noting that the plot of ground is only 50 feet wide, with a depth of 126 feet.
Mr. Roe stated that the Planning Commission advised the applicant that the structure would become a legal non-conforming property under RG-0 zoning and could not be reconstructed, enlarged, structurally altered or moved unless it could meet the minimum district requirements or did not decrease the degree of non-conformity of the structure. RG-0 zoning requires that off street parking in the amount of one space per 300 square feet of floor area be reserved in the rear of the property and that the parking lot be screened from the adjacent residential zone.
The Planning Commission recommended that prior to the issuance of any Certificate of Occupancy for an approved use at this location, the owners present a parking plan showing the required amount of parking and landscape screening. The plan would also show any proposed out-door lighting for the building or parking area.
Mr. VanSant reminded those present that before a Certificate of Occupancy could be issued to Dr. Quinn, he must come forward and show adequate parking, lighting and screening.
Mr. Roe stated that an existing cement block building located in the back of the property possibly would have to be removed to allow for adequate parking.
Mayor Carroll declared the hearing closed.
Mr. VanSant moved for approval of the rezoning, noting that no Certificate of Occupancy shall be issued until parking and lighting is established as proposed by the Planning Commission. The motion was seconded by Mrs. Legates and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Weyandt).
Council approved the rezoning and 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 812 SOUTH BRADFORD STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 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 RG-1 to RG-0 on that property located at 812 South Bradford Street, owned by Franklin W. Kinnamon, Jr.
ADOPTED: May 11, 1987
PUBLIC HEARING - AMENDMENT TO ARTICLE 8, SECTION 2, SUBSECTION 2.4 - ZONING CODE - FEES FOR CERTIFICATE OF OCCUPANCY
A public hearing was duly advertised for this time and place to consider amending Article 8, Section 2, Subsection 2.4 of the zoning code that would increase fees for Certificate of Occupancy.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the increase of fees for Certificates of Occupancy and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for adoption of the amended ordinance, seconded by Mr. Lynn and by an unanimous roll call vote, Council adopted the following ordinance:
1. Article 8, Section 2, Subsection 2.4 of the City of Dover Zoning Code is hereby amended by changing the fees set therein as follows:
a. Single family residential shall be changed from $20 to $40.
b. The first 20,000 square feet shall be changed from $20 to $40.
c. Each additional 10,000 square feet in excess of 20,000 square feet shall be $10 instead of $5.
2. The effective date of this ordinance shall be July 1, 1987.
ADOPTED: May 11, 1987
PUBLIC HEARING - AMENDMENT TO ZONING CODE - REQUIRED FOOTAGE FOR NOTIFICATION TO ADJACENT PROPERTY OWNERS
A public hearing was duly advertised for this time and place to consider amending the zoning code requiring notification to property owners living within 200 feet of property to be rezoned and/or for conditional use approvals.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the amendment and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Lynn moved for approval of the amendment to the zoning code, seconded by Mr. Christiansen and by a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY MAYOR AND COUNCIL OF THE CITY OF DOVER, THAT THE ZONING CODE OF THE CITY OF DOVER SHALL BE AMENDED AS FOLLOWS:
1. Article 10, Section 1.5, Subsection 1.53 shall be amended as follows:
The requirements for notification to property owners shall be changed from one hundred fifty (150) feet, to read “two hundred (200) feet”.
2. Article 10, Section 5, Subsection 5.12, shall be amended as follows:
The requirements for notification to property owners shall be changed from one hundred fifty (150) feet, to read “two hundred (200) feet”.
ADOPTED: May 11, 1987
COMMITTEE APPOINTMENTS
Mayor Carroll submitted the following Committee Appointments for fiscal year 1987/88:
Legislative and Finance Committee
Francis R. Weyandt, Chairman
Robin Christiansen
Frederick VanSant
Sherman Townsend
Utility Committee
Jack Richter, Chairman
Irving Levitt
Mayor Carroll
Non-Elected Official Open
Parks and Recreation Committee
Goldie Legates, Chairman
Patrick Lynn
William H. Daisey
Fred B. Carey, Sr.
James Hardcastle
Safety Advisory Committee
Goldie Legates, Chairman
Patrick Lynn
William H. Daisey
Building, Plumbing, Mechanical & Fire Prevention Code Appeals Committee
Robin Christiansen, Chairman
William H. Daisey
City Manager Bartolotta
Civilian Pension Committee
Frederick VanSant
Irving Levitt
City Manager Bartolotta
Donna Marvel
Harry Kreigh
George Dixon
Police Pension Committee
Frederick VanSant
Irving Levitt
City Manager Bartolotta
Chief of Police Klenoski
James Hutchison
Martin Stallings
Timothy Mullaney
Chamber of Commerce and County Government Committee
John Richter
Francis Weyandt
Robin Christiansen
Mr. Richter moved for approval of Mayor Carroll’s appointments, seconded by Mr. Christiansen and unanimously carried.
BOARD OF ADJUSTMENT APPOINTMENTS
Mayor Carroll submitted the following members of the Board of Adjustment: Chairman, Mr. Vernon Ingram, serving until July 1988; Member C. Edward Dahn, replacement for Mr. William Daisey’s term ending July 1987; Member Fred B. Carey, Jr., term expires July 1988; Member Robert Tudor, term expires July 1989; and Member Ruth Morris, term expires July 1989.
Mr. Christiansen moved for approval of the appointments, seconded by Mrs. Legates and unanimously carried.
DOVER HOUSING AUTHORITY
Mayor Carroll submitted Beverly C. Williams to serve out the term of Francis L. Turner expiring August 1987, other members of the authority are Howard Stevenson, term ending August 1991; and William A. Hayes, term ending August 1988.
Mr. Christiansen moved for approval of Mayor Carroll’s appointments, seconded by Mrs. Legates and unanimously carried.
Others serving under the Governor’s appointments are James E. Washington, term ending August 1990; Millard F. Biddl