REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 28, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
Mr. Ritter requested that item #3D - Proposed Ordinances - Budget Amendments, be removed from the Consent Agenda. Mr. Salters requested that item #5B - Chief of Police Report, be removed from Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 14, 2005
The Minutes of the Regular Council Meeting of November 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.
PRESENTATION OF CERTIFICATES OF RECOGNITION - DOVER HIGH SCHOOL FOOTBALL TEAM - 2005 HENLOPEN CONFERENCE NORTHERN DIVISION
Mayor Speed presented the following Certificate of Recognition to the Dover High School Football Team and its coaches:
Certificate of Recognition
presented to
Dover High School Football Team
The 2005 Henlopen Conference Northern Division Champions
The City of Dover extends sincere congratulations on a successful season!
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 14, 2005
The Legislative, Finance, and Administration Committee met on November 14, 2005 with Chairman Salters presiding.
Proposed Resolution - Request for General Assembly to Amend Section 5 of City Charter - Requirement for Council to Relinquish Seat to Run for Mayor
At the request of Councilman Carey, members considered a proposed amendment to the City Charter that would allow for a current member of Council to run for Mayor without being required to relinquish their position on City Council. Upon receipt of the required sponsors, the City Solicitor was requested to prepare the necessary legislation, which was presented to the committee for their review and recommendation to Council. Members were also provided a Proposed Resolution requesting the General Assembly to Amend Section 5 of the Charter, as well as Previous Council Comments.
Members expressed concern with considering a Charter amendment since a Charter Review Committee had been established to conduct a thorough review of the Charter and would be presenting a 6-month report in March. Members also felt that there were more time-sensitive amendments that could be considered.
The committee recommended referral of the proposed amendment to Section 5 of the City Charter to the 2005 Charter Review Committee.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Proposed Ordinance Amendment - Chapter 58 - Human Relations Commission, Section 58-36 - Powers and Duties (Authority to Require Representatives from City Agencies to Appear at Hearings)
At the request of the Dover Human Relations Commission, members considered an ordinance amending Section 58-36 of the Dover Code by adding a new Subsection (7), Agencies of the City, as prepared by the City Solicitor, which would authorize the Commission to require representatives from City agencies to appear before the Commission.
Members expressed concern with language which would “require” anyone to appear before the Commission and suggested that the wording be changed to permit the Commission to contact either the City Clerk or the City Manager to request a representative to appear, without prohibiting an employee from willingly appearing.
Mr. Ruane recommended that Council reiterate its support for the Dover Human Relations Commission and to make it clear that Council expects representatives of City agencies to give their full cooperation. Mrs. Williams recommended that, when reaffirming their support, they should also reaffirm the Commission’s mission and process.
The committee took no action.
FOIA Policy Amendments
A decision rendered May 13, 2005 by the US District Judge (Lee v. Minner, 369 F. Supp. 2d 527) states that "the Court concludes that the "citizens only" restriction of Delaware's FOIA is unconstitutional under the Privileges and Immunities Clause,...". The City Clerk consulted with the Deputy City Solicitor who confirmed that "the recent decision did indeed void that part of the statute restricting FOIA requests to Delaware citizens. The City must comply with State law. The FOIA policy must be amended." Therefore, Section 3 - Availability of Records, Subsection 3.1 - Access, Paragraph (C), that restricts our public records to citizens of the State of Delaware has been eliminated in its entirety.
The Information Technology Department has prepared a GIS Fee Structure to be used for producing digital data layers, customer digital data layers, previously created paper maps, and customer paper maps, which will require amendments to Section 5.
Staff recommended approval of the FOIA Policy Amendments as submitted [Eliminating Section 3 - Availability of Records, Subsection 3.1 - Access, Paragraph (C) in its entirety; and amending Section 5 - Fees for Copying and Research, Subsection 5.1 - Duplicating/Copying Fees, by replacing Paragraph (B) - Oversized Printouts with a new Paragraph (B) - GIS Fee Structure, and amending Paragraph (C) - Computer/Electronically Generated, by adding a new sentence to reference the GIS Fee Structure].
The committee recommended approval of the FOIA Policy Amendments, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the FOIA Policy Amendments (Exhibit #1), as recommended by the committee, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Budget Amendments
Members considered proposed ordinance amendments which would incorporate the adjusted budget balances into the fiscal year 2006 Budget. The revisions also incorporate into the current year budget prior year encumbrances, project balances carried over from fiscal year 2005 for completion in fiscal year 2006, and Homeland Security Grants.
Staff recommended approval of the proposed budget amendments.
During the committee meeting, Mr. Ritter requested Mrs. Mitchell to provide the budget pages which would be revised by the proposed ordinance amendment. Mrs. Mitchell stated that the original budget, which was adopted by Council, would not be changed; however, she could provide the pages with a revised column. After much discussion, Mr. Slavin requested Mr. Ritter to provide his request in writing in order for members to gain a better understanding of his request.
The committee recommended adoption of the budget ordinances, as recommended by staff.
Mr. Ritter stated that he requested all revised pages in the budget book with an extra column titled “Revised 2005/2006”. He requested that the amended pages be printed on a different color paper to make them easily identifiable. Mr. Ritter stated that, without the revised pages, he did not think the amendments were ready for Council action.
Mr. Ritter moved that all budget revisions in the future, including the current proposed revisions if approved, be updated in the budget book with a new column titled “Revised Pages” for every page that has been changed in the budget book. The motion was seconded by Mr. Salters.
Responding to members’ concerns regarding formatting, Mr. DePrima suggested directing staff to prepare a trial version of the revised report for members to review prior to implementation on a regular basis. He also stated that staff would provide the cost of preparing the revised report and members could determine if it added value to their understanding of the budget.
Responding to Mr. Ruane, Mrs. Mitchell stated Council could be given access to the General Ledger accounts in order for them to access current account balances.
Mr. Ritter moved to amend the motion to bring back a trial run of the report for review prior to adopting it as the consistent format. The motion was seconded by Mr. Hogan and unanimously carried.
The motion that all budget revisions be updated in the budget book with new columns reflecting the changes be brought back to Council as a trial run was unanimously carried.
Mr. Hogan moved for approval of the budget ordinances (Exhibit #2), as recommended by the committee, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 14, 2005
The Parks, Recreation, and Community Enhancement Committee met on November 14, 2005 with Chairman Sadusky presiding.
Seskinore Development - Revised Parks and Recreation/Open Space Plan (Fox Hall Plantation Company)
During their Regular Meeting of June 28, 2004, City Council approved the Open Space Plan for the Seskinore Development as recommended by staff with the inclusion of the extension of the sidewalk to the bench near the horseshoe pits and improvements to the storm water pond.
Seskinore Development consists of approximately 5.0470+/- acres of land, situated on the southwest side of McKee Road approximately 330 feet north of Brandywine Drive. Mr. Matthew Spong, Landscape Architectural Services, LLC, presented the Revised Active Recreation Plan for Seskinore Development (as on file in the City Clerk’s Office). Ms. Dawn Melson, Senior Planner in the Planning and Inspections Department, reviewed the Revised Open Space and Recreation Plan Summary. The Revised Active Recreation Plan includes changes to the format of the Hobby Garden Area, which consists of two (2) raised planting beds, the tilled garden area, and the associated amenities. Members were reminded that the development is for residents 55 and older.
Staff recommended approval of the Revised Open Space/Recreation Plan with the following:
1. Staff recommended approval of the Revised Active Recreation Area including the new format of the Hobby Garden which consists of two raised planting beds, the tilled garden area and the associated amenities.
2. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.
Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.
3. There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.
4.Upon completion of the approval process, copies of the Revised Recreation Area Plan must be amended to the approved Site Plan (S-04-20).
The committee recommended approval of the Revised Recreation Area Plan, as recommended by Staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
MONTHLY REPORTS - OCTOBER 2005
By motion of Mr. Carey, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda:
Budget Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
Referring to the Chief of Police Report, Mr. Salters asked why there was such a disparity in the average response times for Prime Care Medical Transport, Inc. (7 minutes and 45 seconds) and the Robbins Hose Company (6 minutes). Chief Horvath advised members that the ambulances may be responding from the hospital, a transport, or while roving and not always from their home base. He noted that a 7 minute response time was still good. Chief Horvath and Chief Bashista noted that the nature of the call would determine the speed of the response, for example the response time for a gunshot wound or house fire would be much faster than the response time for a patient transport to a treatment facility.
Responding to Mr. Ritter, Chief Horvath stated that he could not pinpoint the reason for the decrease in complaints, which is approximately 2.7 fewer complaints a day.
Mr. Salters moved for acceptance of the Chief of Police Report, seconded by Mr. Carey and unanimously carried.
EVALUATION OF BIDS - CIRCUIT 12502 WIRE UPGRADE
In January 2005 the City was asked to serve electricity to Air Force Base Housing. The Base is now privatizing housing and will no longer serve the Air Base Housing, which is located on Old Lebanon Road, within the City of Dover's service territory. The City is therefore obligated to serve those customers providing they meet City of Dover Electric standards.
In October 2005, an agreement was reached between the Air Force Base and Hunt Building Company to build and operate the housing for the Base. Hunt Building Company will be demolishing and rebuilding approximately 980 homes over a period of five years. During the interim period, a special electrical rate will be applied to cover the services provided by the City of Dover. (A rate structure will be presented prior to the effective date of February 1, 2006.) Once construction is completed, each resident will then become a customer of the City of Dover and will be billed the City’s residential rate. The City agreed to begin serving the electric infrastructure beginning February 1, 2006 and until that date, the City will troubleshoot, maintain, and repair the infrastructure with time and material charges.
Hunt Building Company has supplied the Electric Department with building plans and loads and the Engineering Department calculated the existing loads and the City's current infrastructure will not handle the existing loads or the new loads proposed. It is the City's intent to replace the existing 130,870' 1/O & 4/O wire along RT 9 to 336 ACSR. The new wire will carry the capacity required to carry the loads from the Horsepond Substation. (Future plans to upgrade the Lebanon and Horsepond Transformers are in the design phase.)
Mr. DePrima noted that this project is classified under the “overall distribution upgrade” budget which is reserved for various upgrades. Responding to Mr. Ruane, Mr. DePrima stated that budget amendments for the addition or deletion of projects are considered during the mid-year budget review. Mr. Ruane requested that Council be made aware when there is a savings of funds that were assigned and approved for a project that is not moving forward.
Mr. DePrima advised members that two (2) vendors supplied identical prices and staff recommended awarding the bid to Hughes Supply because of their constant support and the services they have provided in the past.
Staff recommended awarding the bid to Hughes Supply for 130,870' of 1/O & 4/O wire at $.52 per foot for a total purchase cost of $68,113.
Mr. Hogan moved to award the bid to Hughes Supply for 130,870' of wire at $.52 per foot, as recommended by staff. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
APPOINTMENT (MAYOR SPEED) - BOARD OF ADJUSTMENTS - WILLIAM A. HUFNAL (TO FILL UNEXPIRED TERM OF ANDREW NOWAK) - TERM TO EXPIRE JULY 2007
Mayor Speed recommended the appointment of William A. Hufnal to serve on the Board of Adjustments for a term to expire July 2007 (to fill the unexpired term of Andrew Nowak).
By consent agenda, Mr. Carey moved for approval of the appointment of William A. Hufnal, as recommended by Mayor Speed. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2006 FIRE LINE OFFICERS
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 21, 2005 Robbins Hose Company Election for consideration as follows:
Fire Chief - Brian F. Bashista (uncontested)
Deputy Fire Chief - Jason A. Osika (uncontested)
First Assistant Fire Chief - David Carey
Second Assistant Fire Chief - Sean Christiansen (uncontested)
Third Assistant Fire Chief - Michael O’Connor, Jr.
Fourth Assistant Fire Chief - Paul Strochine
First Fire Line Captain - Patrick West
Second Fire Line Captain - William Conklin
By consent agenda, Mr. Carey moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2006, as submitted, seconded by Mr. Slavin and carried by a unanimous roll call vote.
REZONING REQUEST/FIRST READING - 130 CHERRY STREET, OWNED BY MARK E. SMITH
A request was received to rezone property located at 130 Cherry Street, owned by Mark E. Smith. The property is currently zoned RG-1 (General Residence) and the proposed zoning is RG-3 (Group Housing).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Slavin, Council unanimously referred the request to the Planning Commission on December 19, 2005 and set a public hearing for January 9, 2006 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 130 CHERRY STREET.
Mr. Hogan requested that, in the future, maps of lands being rezoned be provided to members.
FIRST READING - PROPOSED ORDINANCE
Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of December 12, 2005.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:
Revised Budgets for Fiscal Year 2005/2006
(Legislative, Finance, and Administration Committee)
COUNCIL MEMBER COMMENTS
Mr. Slavin stated that he was notified by numerous constituents that the Dover Public Library is planning to institute a new policy, effective January 2006, which would charge senior citizens fines for their overdue books. He noted that they are currently exempt from the fine structure. Mr. Slavin requested that this item be placed on the next Parks, Recreation, and Community Enhancement Committee agenda so that members may hear from the City Manager and the Librarian regarding the new policy concerning senior citizens.
Mr. Ritter congratulated Wesley College on their outstanding football game in Baylor, Texas and wished them luck on their next game.
Mr. Hogan moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:24 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of November 28, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - FOIA Policy Amendments
Exhibit #2 - Budget Ordinances