REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 27, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Salters. Mr. Ruane was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin, 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.
Mr. Richard Snyder (Newark, Delaware), noting that he had previously addressed members regarding concerns of toxic waste being distributed on the banks of the Delaware River by the DuPont Company, submitted additional resolutions adopted by other municipalities (Newark and Smyrna) and again requested that the City of Dover consider the same.
Mr. Eric O’Brien, 30 N. New Street, continued statements that began during the Open Forum Segment of the Regular Council Meeting of June 13, 2005 regarding problems of loitering, loud music, and other quality of life issues that continue in his neighborhood. Written documentation was submitted and is on file in the Office of the City Clerk.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Sadusky and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 13, 2005
The Minutes of the Regular Council Meeting of June 13, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
CERTIFICATE OF RECOGNITION - JOHN J. FRIEDMAN - 2005 SMALL BUSINESS PERSON OF THE YEAR
Mayor Speed read and presented a Certificate of Recognition to Mr. John J. Friedman, as follows:
WHEREAS, the City of Dover realizes the important role small businesses play in maintaining and improving the economic health of our community and that a successful business is evidence of the independence, initiative, and hard work of the owners; and
WHEREAS, the Central Delaware Chamber of Commerce engages in activities to assist small business persons and each year, nominates small business persons as examples of the quality of the business persons in Central Delaware; and
WHEREAS, this year, the Central Delaware Chamber of Commerce has named John J. Friedman as the 2005 Small Business Person of the Year in recognition of the growth and innovation of his business, as well as for his community contributions; and
WHEREAS, John J. Friedman currently serves as the Chairman of the City of Dover Planning Commission, President of the Dover 4th of July Committee, Chairman of the Community Partners of the Air Force Association, serves on the Board of Directors for the Dover Cultural Commission, and is the Vice President of the Economic Development Division for the Central Delaware Chamber of Commerce; and
WHEREAS, in recognition of his distinguished service to City of Dover, it is deemed an honor and privilege to present this
Certificate of Recognition to
JOHN J. FRIEDMAN
2005 Small Business Person of the Year
Congratulations from the Mayor and Council of the City of Dover
June 2005
Mr. Friedman thanked the Mayor and members of Council for the recognition and noted that his success has been the result of a team effort.
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARING
As indicated during their Regular Meeting of June 13, 2005, the Property Assessment Appeals Committee extended hearings through June 17, 2005; therefore, additional recommendations of the committee would be forthcoming. Members were provided with the Property Assessment Appeals Report for the Hearings from May 16, 2005 through June 17, 2005.
Council President Williams reminded members that during their Regular Meeting of June 13, 2005, Council approved Rules for the Tax Appeals Hearings to be held before City Council at this time and place. Those appellants who have gone before the Board of Tax Appeals and wish to present further information and appeal to the City Council may do so by submitting to the City Clerk by 12:00 noon on June 22, 2005 a written summary of why they are appealing to City Council and a certified appraisal not more than 30 days old, which was not considered by the Board of Tax Appeals. The City Clerk reported that no one has come forth requesting to appeal to City Council; therefore, Council President Williams stated that a public hearing would not be necessary.
Mr. Salters moved for approval of the adjusted property values as recommended by the Property Assessment Appeals Committee for the purposes of incorporating the adjustments and exemptions into the City’s Tax Rolls (Exhibit #1). The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Ruane absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 13, 2005
The Legislative, Finance, and Administration Committee met on June 13, 2005 with Chairman Salters presiding.
Voluntary Donation Program
Members were provided detailed information regarding Voluntary Donation Programs. Mrs. Tieman, Director of Administrative Services, explained that staff conducted research on these programs as a part of their strategic goals. She noted that a Voluntary Donation Program can give the Dover community the opportunity to help make a positive impact on the City’s Quality of Life Task Force initiative. The program is designed to provide emergency assistance funds to groups in crisis situations or for other community projects. The most effective way to offer and encourage participation is through the monthly utility bill, whereby customers may find this to be a convenient, pressure-free method of contributing at will. Customers, upon remittance of the monthly utility payment, would check off a donation box appropriate to the additional contribution they wish to enclose. These programs are successful and widely implemented with municipalities and businesses across the country.
Based on their research, staff suggested that the City develop such a program to be known as “Dover Cares Contribution Program” and that the method for its development include changes to the utility bill form to include donation box information by changing the order with the printer, which appears to be the easiest and least costly way to proceed with this program. Mrs. Tieman stated that the steps necessary to accomplish this are minimal. She explained that customers would be sent information regarding donation programs once per year. New customers would receive this information when they initiate service. Customers would have the option of simply checking the desired donation box(es) and add amount to total of utility payments throughout the year.
During the committee meeting, Mrs. Tieman advised members that staff would like the contributions to be distributed among the following funds and agencies: Utility Assistance - Administrative Services; Parks Improvement and Programs - Parks and Recreation; Library Programs - Library and Arts Program-Arts Council. Staff recommended that the Administrative Services Department be permitted to implement the program as recommended in the report provided.
The committee recommended acceptance of the concept of the Voluntary Donation Program as outlined by staff and that staff report back to members more details regarding the program.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JUNE 14, 2005
The Parks, Recreation, and Community Enhancement Committee met on June 14, 2005 with Chairman Sadusky presiding.
Neighborhood Open Space - Somerset Park Subdivision: Request for Cash-in-Lieu of Recreation Area Construction
Members considered a request for cash-in-lieu of recreation area construction for the Somerset Park Subdivision, which proposes a total of 14 residential units on 12.5733+/- acres. In accordance with Article 5, Section 10, Subsection 10.17 of the Zoning Code, if the commission determines that the construction of recreation is not practical due to close proximity to existing available recreation facilities or infeasible due to natural characteristics of the land or will not benefit the residents of the development, the commission shall require a full or partial cash in lieu of areas of donation to be made by the developer in lieu of a full or partial dedication of land. Also, in accordance with Article 5, Section 10, Subsection 10.173, the cash donation shall be equivalent to the appraised value of land area required in Section 10.16 of the Zoning Code. For the Somerset Park Subdivision, the cash donation based on the submitted appraised raw land value is $38,573.80 per acre. For the .5 acres of land that is required for this area, the amount of cash donation is $19,286.90
Staff provided the following review of the request for cash-in-lieu of recreation area construction. A recommendation is also provided regarding the other proposed open space areas (woodland, wetland, and stormwater facilities):
1.Staff recommended approval of a cash donation of $19,286.90 in lieu of recreation area construction.
2.The applicant should be aware of the requirements for payment of the cash in lieu of recreation area construction as associated with the development of the residential units.
Article 5 §10.175 Payment of Cash Donation. One hundred (100) percent cash donation provided under this section shall be collected prior to issuing the first building permit for the development.
3.There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. These provisions shall be in a form acceptable to the City of Dover. 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.
The committee recommended approval of the Neighborhood Open Space - Somerset Park Subdivision: Request for cash-in-lieu of recreation area construction, as well as the staff recommendations contained in the report on the basis that it is infeasible due to natural characteristics of the land as stated in the Dover Code of Ordinances, Appendix B, Article 5, Section 10.171.
By consent agenda, Mr. Carey moved to approve the committee’s recommendation for approval of a cash donation in the amount of $19,286.90 in lieu of recreation area construction for the Somerset Park Subdivision. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
The committee also recommended that the Department of Planning and Inspections procedurally incorporate into their review an opportunity for the City Assessor’s Office to look at any appraisals that are submitted for the purpose of cash-in-lieu.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation and directed the Department of Planning and Inspections to incorporate into their procedural review an opportunity for the City Assessor’s Office to look at any appraisals that are submitted for the purpose of cash-in-lieu. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
MONTHLY REPORTS - MAY 2005
By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
EVALUATION OF BID - AUTOMATED SUMMONS PROCESSING SYSTEM UPGRADE
The Police Department is in the process of upgrading and replacing the program that is currently used for processing summons violations. This system processes and tracks all City ordinance violations, including parking tickets, alarms, inspections, and others. It was noted that the current system was programmed by Enforcement Technology, Inc. and that the upgrade would be sole sourced to maintain interoperability. Staff recommended approval of the following purchases:
Component Vendor Status Cost
AutoProcess software Enforcement Tech. Sole Vendor $46,300
AutoCite software & hardware Enforcement Tech. Sole Vendor 10,080
Server Dell State Contract 4,500
Oracle database server software Insight State Contract 1,470
Total $62,350
Funding from two (2) grant sources has been obtained for this purchase: State Law Enforcement Assistance Fund (SLEAF), in the amount of $50,000; and Local Law Enforcement Grant (LLEBG), in the amount of $12,350.
Mr. Carey moved for approval of the automated summons processing system upgrade as recommended by staff. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Ruane absent).
EVALUATION OF BID - AMENDMENT TO BASIC LIFE SUPPORT CONTRACT
Members were advised that, in accordance with Section I, Definitions, and Section IX, Personnel, of the current three-year basic life support contract with PrimeCare (dated June 2003), ambulances providing services to the City must be staffed by two (2) NREMT-Bs. A letter has been received from Mr. Larry Bradley, CEO of PrimeCare Medical Transport, LLC, requesting that the contract be amended to allow for EMT-Bs rather than NREMT-Bs. He explained that the State of Delaware does not require EMT-B’s to keep their “NR” (Nationally Registered) after the first two (2) years. Mr. DePrima, City Manager, explained that the amendment would enable all qualified EMT-Bs employed by PrimeCare to provide services to the City of Dover rather than just those who are nationally registered and that the contract would be equivalent to the guidelines of the State of Delaware and the Fire Commission. Staff recommended approval of the amendment to the contract with PrimeCare as requested.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Salters.
Responding to Mr. Ritter, Mr. Carey explained that 36 hours of training are required for Delaware Certification and 72 hours of training are required for National Registration. Mr. Salters relayed concerns, feeling that the City may be lowering their standards. It was Mr. Carey’s opinion that as long as the EMT-Bs had originally been “NREMT-Bs” (Nationally Registered), and continue to obtain Delaware Certification, the City would continue to receive quality care and services.
Mr. Carey moved to amend the amendment to the contract by stipulating that the EMT-Bs must have been “NREMT-Bs” (Nationally Registered) before being accepted as “EMT’Bs”. The motion was seconded by Mr. Slavin and carried with Mr. Salters not voting.
The motion to approve the amendment to the Basic Life Support Contract with PrimeCare, as amended, was carried by a roll call vote of seven (7) yes, one (1) abstention (Mr. Salters), and one (1) absent (Mr. Ruane).
CONTRACT RENEWAL WITH DELAWARE PARENT ASSOCIATION TO IMPLEMENT CREATING LASTING FAMILY CONNECTIONS PROGRAM
The City of Dover’s Delaware Prevention Network Program (DPN), which has been in existence for 15 years, is administered by the State of Delaware Department of Services for Children, Youth and Their Families, Office of Prevention and Early Intervention. The DPN Program is a specific science-based program known as Creating Lasting Family Connection (CLFC), which is a comprehensive family strengthening, substance abuse, and violence prevention curriculum that has scientifically demonstrated that youth and families in high-risk environments can be assisted to become strong, healthy, and supportive people. The CLFC will serve 15 to 20 youth and their families over a 20-week period allowing two (2) sessions during the contract year. The City contracted with the Delaware Parents Association to implement this program during the past two (2) years, and it has done an outstanding job.
Staff recommended approval of the contract with the Delaware Parents Association for program implementation at a cost not to exceed $67,000 for a period of July 1, 2005 through June 30, 2006, with an amount of $3,000 allotted for administrative costs. Funding, in the amount of $70,000, will be provided by the State of Delaware Department of Services for Children, Youth and Their Families, Office of Prevention and Early Intervention.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Ruane absent).
REAPPOINTMENTS - PLANNING COMMISSION (3 YEAR TERMS TO EXPIRE JUNE 1, 2008) - MAYOR SPEED
Mayor Speed requested the following reappointments to the Planning Commission for a three (3) year term to expire June 1, 2008:
Mr. Francis C. Nichols (First District)
Ret. Col. Robert D. Welsh (Second District)
Mr. Fred Tolbert (Third District)
By consent agenda, Mr. Carey moved for approval of the reappointments to the Planning Commission as recommended by Mayor Speed, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
REAPPOINTMENT - SILVER LAKE COMMISSION (ANNUAL APPOINTMENT; TERM TO EXPIRE MAY 2006) - MAYOR SPEED
Mayor Speed requested the reappointment of Ms. Cheryl Biddle to the Silver Lake Commission for a term to expire May 2006.
By consent agenda, Mr. Carey moved for approval of the reappointment of Ms. Biddle to the Silver Lake Commission as recommended by Mayor Speed, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
REZONING REQUEST/FIRST READING - 487 S. QUEEN STREET, OWNED BY MICHAEL SANCHEZ
A request was received to rezone property located at 487 S. Queen Street, owned by Michael Sanchez. The property is currently zoned C-1 (Neighborhood Commercial) and the requested zoning is C1-A (Limited Commercial). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
Mr. Carey moved to refer the request to the Planning Commission on July 18, 2005 and set a public hearing before City Council for August 8, 2005 at 7:30 p.m. as suggested by staff. The motion was seconded by Mr. Pitts and unanimously carried.
In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments 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 487 SOUTH QUEEN STREET.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 13, 2005.
Mr. Hogan moved that the Final Reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Notification of Tax Rate Increase Over the Rolled Back Tax Rate [Required in accordance with 22 Delaware Code Section 1105(b)]
Mr. DePrima advised members that as a result of the Tax Appeal Hearings and the Property Tax Exemption for Senior Citizens, the revenues originally projected for the 2005/2006 Budget were low. He recommended that the proposed ordinance be amended to reduce the tax rate by .01¢, which would also result in the rolled-back tax rate to be 9.65%, by amending the last paragraph as follows: striking $.34 and inserting in lieu thereof $.33 and striking 9.68% and inserting in lieu thereof 9.65%.
Mr. Slavin moved for adoption of the Notification of Tax Rate Increase Over the Rolled Back Tax Rate, as amended, seconded by Mr. Sadusky.
Mr. Hogan reiterated his feeling that although the budget was well prepared, it contained some items that were wanted and not necessarily needed, and; therefore, expenditures could have been further reduced.
Mr. Ritter moved to amend the ordinance to maintain the current tax rate, by striking $.34 and inserting in lieu thereof $.31. The motion failed for the lack of a second.
The motion for adoption of the following ordinance was carried by a roll call vote of six (6) yes, two (2) no (Mr. Ritter and Mr. Hogan) and one (1) absent (Mr. Ruane):
Budget Ordinances - 2004/2005 Revised and 2005/2006 City of Dover Budget
Mr. Hogan moved for adoption of the 2004/2005 Revised and 2005/2006 City of Dover Budget Ordinances (Exhibit #2), seconded by Mr. Carey and carried by roll call vote of seven (7) yes, one (1) no (Mr. Ritter) and one (1) absent (Mr. Ruane).
Downtown Dover Business Improvement District - Cash Receipts/Budget FY 2005-2006
Mr. Carey moved for adoption of the Downtown Dover Business Improvement District Budget for FY 2005-2006, seconded by Mr. Salters and by a unanimous roll call vote (Mr. Ruane absent), Council adopted the following ordinance:
DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
CASH RECEIPTS BUDGET FOR 2005-06
BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE
ADMINISTERED THROUGH MAIN STREET, INC.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Fifty thousand, two hundred and sixty-five dollars ($50,265) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the City of Dover/Main Street, Inc. for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
|
REVENUE |
PROPOSED |
|
Tax Revenue |
$50,265 |
|
EXPENSES |
|
|
Salary and Personnel Costs |
$50,265 |
ADOPTED: JUNE 27, 2005
Recodification Ordinance - City of Dover Code of Ordinances
Mr. Salters moved for adoption of the Recodification Ordinance, seconded by Mr. Hogan, and by a unanimous roll call vote (Mr. Ruane absent), Council adopted the following ordinance:
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF DOVER DELAWARE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. The Code entitled "Code of Ordinances, City of Dover, Delaware," published by Municipal Code Corporation, consisting of chapters 1 through 118, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before March 14, 2005, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance of the city shall be punished by a fine of not less than $25.00 nor more than $1,000.00. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after March 14, 2005, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This ordinance shall before effective June 28, 2005 at 12:01 a.m.
ADOPTED: June 27, 2005
COUNCIL MEMBERS COMMENTS
Mr. Hogan explained his vote in opposition to the tax rate increase, feeling that the City has simply gone too far too soon. Although he felt that staff produced a stringent budget, it was his feeling that the obligations could be met with a .01¢ to .02¢ tax increase.
Mr. Salters thanked everyone that participated in this year’s African American Festival, indicating that it was very successful.
Mr. Slavin moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:20 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of June 27, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20056-27-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Property Assessment Appeals Report for the Hearings from May 16, 2005 through June 17, 2005
Exhibit #2 - 2004/2005 Revised and 2005/2006 City of Dover Budget Ordinances