REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 8, 2004 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council was not in official session and could not 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. Speed and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - OPEN TOWN MEETING OF FEBRUARY 18, 2004
By consent agenda, the Minutes of the Open Town Meeting of February 18, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed, and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 23, 2004
By consent agenda, the Minutes of the Regular Meeting of February 23, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed, and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF FEBRUARY 24, 2004
By consent agenda, the Minutes of the Special Meeting of February 24, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed, and bore the written approval of Mayor Hutchison.
RECOGNITION - MUNINET TOP WEBSITES - CITY OF DOVER
Mr. DePrima stated that two (2) years ago, Council directed staff to improve the appearance of the City’s website and to provide more interaction between the City and the citizens, via the website. He advised members that the City’s website had been selected as one of MuniNet Guide’s top five picks for municipalities with populations under 200,000.
MuniNet Guide is a leading national website covering municipal related content on the internet. In singling out Dover, MuniNet Guide cited a variety of attributes, including a pop-up screen that returns search results and a database of Ceremonial Documents, such as achievement awards and congratulatory letters to residents. The City’s site earned an “A” for originality, content, and format.
Mr. Mark Callan, Information Technology Director, provided a PowerPoint presentation of the latest additions to the website, including a polling place lookup and online business license applications. Mr. Callan introduced Mr. Wayne Steagall, Webpage Programmer, and Mr. Paul Gallagher, AS400 Programmer, of the Information Technology Department.
STATE OF THE CITY BUDGET
Mr. DePrima, City Manager, presented members with the mid-year review of the 2003/2004 City of Dover Budgets. The purpose of this report is to give City Council a mid-year picture of the City’s operating expenses and revenues for all City budgets. This should be considered a proactive exercise so that Council can take necessary actions to adjust budgetary behavior if necessary. This is the third State of the Budget Report given to City Council and is a substitute for the "across the board" mid-year budget amendments that have been done in the past.
Mr. DePrima stated that, overall, the report projects that the General Fund Budget Balance will increase by $386,105 to $2,040,921. The combined Water/Wastewater Fund Budget is projected to decrease by $408,428 to $ 1,200,766. The Electric Fund will increase by $138,821 to $3,015,433. He reported that the General Fund and Electric budgets appear to be better than originally projected. Only the Water/Wastewater budget is troubled, but they were able to maintain the Fund’s minimum reserve balance. No mid-year water or wastewater rate increases are necessary.
Responding to Mr. Ruane, Mr. DePrima stated that he was confident that the budget team considered all of the various contingencies, such as the police contract and photo enforcement revenue; however, they only included expenses known at the present time. Mr. Ruane noted that, although the City is living within its budget, there are real challenges facing them in the future, such as unfunded liabilities and increases in health care. He stated that he would like to see departments begin to support themselves through fees.
Mayor Hutchison stated that, with continued growth in the City, Council may need to consider a tax increase. He commended the Council and Staff on the management of the City without a tax increase in ten (10) years.
Council President McGlumphy accepted the State of the Budget Report (Exhibit #1) and thanked the budget team for their efforts.
City Clerk’s Office Note: The recommended budget amendments will be presented to the Legislative, Finance, and Administration Committee on March 22, 2004, for their review and recommendation.
PRESENTATION/PUBLIC HEARING - BROWN WATER
In an effort to address the brown water issue, Mr. Scott Koenig, Public Works Director, explained that the City’s water supply is derived from three (3) aquifers: Piney Point, Cheswold, and Columbia. He noted that several years ago, the State mandated that public water systems, specifically municipal water systems, be fluoridated. In December 2000, as a result of several violations of the total coliform rule from the early 1990's through October 2001, the State issued an Administrative Order requiring disinfection of the City’s water system through chlorination at a rate of not less than .3 milligrams per liter and not more than 4 milligrams per liter. Mr. Koenig advised members that the Order supported the results of a 1991 Disinfection Study done by BCM Engineers of Washington, D.C. The study was commissioned by the City of Dover to study the future of the City’s system.
Mr. Koenig stated that the City began chlorination of the system on September 30, 2002 at a capital cost of approximately $75,000. He noted that, with the in-house labor provided to modify the wellhouses, the total cost to implement continuous chlorination easily exceeded $150,000. Mr. Koenig advised members that there had been no violations of the total coliform rule since chlorination began.
Mr. Koenig stated that the Piney Point aquifer has naturally existing fluoride at a level that does not require additional fluoridation and chlorine is added only at the point where the water enters the system. He noted that fluoride and chlorine are being added to the Cheswold aquifer in order to meet public health standards. The Columbia aquifer is being treated with ozone, activated carbon, lime, chlorine, and fluoride to make the water compatible with the other aquifers.
Mr. Koenig stated that the introduction of chlorine in the system has played a key role in the occurrence of brown water, which surfaced in early December of 2002. An initial analysis of the system indicated that the addition of chlorine has caused a breakdown of the rust layer on the inside of the old, unlined, cast iron pipes. Mr. Koenig provided sections of pipe to demonstrate the corrosion which is occurring. Changes in the velocity and system flow create plumes of brown water which are then distributed throughout the system. Mr. Koenig stated that staff is tracking all of the brown water complaints to develop a reasonable correlation between those complaints and changes that are occurring within the system. Mr. Koenig stated that, in order to remove brown water from the system, a flushing program was implemented and will continue until the problem is resolved.
According to Mr. Koenig, an update to the City’s Water Master Plan is in process and includes a computerized hydraulic model of the water system. The model will aid in the resolution of the brown water problem by mapping and predicting the flow of water through the system, modeling and predicting the impact of well facilities and the treatment plant coming on and off of the system, calculating water age within the system, and identifying system improvements necessary to improve the flow from east to west across the system.
Mr. Koenig advised members that general capital improvements for the system have been proposed and budgeted to begin in FY2005. Those improvements include cast iron system replacement and/or relining, which will focus on the assessment and redress of the pipe components of the system.
Mr. Koenig provided information to dispel rumors related to over chlorination, water tower conditions and maintenance, the length of time of the brown water situation, the rate at which chlorine was introduced to the system, the iron concentration of the raw water supply, the commissioning of a $109,000 brown water study, and brown water caused by microbiology issues.
Mr. Koenig stated that the water supply system is very delicate and is extremely sensitive to changes in velocity, flow direction, and certain aspects of water chemistry. He noted that the varying pH levels in the three (3) aquifers has been intensified by the introduction of chlorine and a corrosive environment has been created. Mr. Koenig also noted that the following events cause shocks to the system: flushing, use of fire hydrants, putting the water treatment and power plants online after a period of downtime, or a reduction in flow by a major user.
Mr. Koenig advised members that staff developed the following 10-step plan of action:
1. Flush the entire distribution system to remove as much of the brown water as possible from the system. (Flushing began March 7th and will continue through March 10th or until the entire system is complete)
2. Take the Long Point Road water treatment plant off-line for scheduled routine maintenance of the ozone generators, ozone production units, and any other large-item maintenance.
3. Put the Piney Point well (#2) back on-line to provide a uniform flow across the system.
4. Move forward with developing a Request for Qualifications (RFQ) for consulting engineers regarding correction of the water quality issues.
5. Increase the pH concentration to 8.0 once the water treatment plant is back on-line in order to match the pH range of the deep wells and the Cheswold and Piney Point aquifers. The pH will be increased using either hydrated lime or sodium hydroxide.
6. If the pH level can be maintained at 8.0 when leaving the treatment plant and a correlation can be established between increased operating hours and improved water conditions, the operating hours of the treatment plant would be extended to break the corrosion cycle in the system. Extended hours would necessitate the hiring of additional water plant operators and/or contractors to move the plant into a 24/7 schedule. (Approximate cost of salaries and benefits is $150,000 per year.)
7. Develop flow scenarios and well run scenarios using the SCADA system to help minimize the hydraulic hammer in the system when facilities shut off and on very quickly or inefficiently.
8. Use the results of the hydraulic model to develop a quarterly, semi-annual or annual flushing program for system health.
9. Pursue the replacement and relining of the unlined cast iron section of the system as a long-term capital project.
10. If the pH level cannot be stabilized to eliminate the corrosion situation, the use of a corrosion inhibitor would be considered. (Approximate cost of $75,000 to $100,000 to modify the well facilities with an annual chemical cost of $50,000 to $100,000.)
Mr. Koenig stated that the use of a corrosion inhibitor would necessitate the assistance of a consultant with that specific experience in order to avoid the creation of additional problems. He stated that he was reluctant to add another chemical to the system since the long-term health effects and costs are unknown.
Responding to Mrs. Williams, Mr. Koenig stated that there are several methods of relining; however, the most effective would be scouring the inside of the pipe to remove the rust then spraying on a cement coating, which would have a minimum life expectancy of 15 to 25 years. Mr. Koenig stated that both replacement and relining of the pipes have merit. He advised members that relining could be done in a timely manner without a disruption in service; however, it would cost between $50,000 and $100,000 to mobilize a company to perform the work. The cost of relining would then cost between $50 and $100 per foot, depending on the size. The total cost could range from hundreds of thousands to millions of dollars, depending on the extent of the project. Mr. Koenig advised members that replacement costs are very similar; however, construction time would be extended. He reiterated that staff is recommending a 10-step plan of action before considering relining or replacement of the pipes.
Responding to Mr. Ritter, Mr. Koenig stated that prior to the construction of the water treatment plant, the City utilized 13 deep wells for its water supply. The wells were run based on a fixed program related to tower elevations. As water elevations in the towers dropped, specific wells came on at full speed. For this reason, the City has always had a problem with changes in flow, velocity, and flow directions. With the addition of the water treatment plant, two (2) more Cheswold wells were added, bringing the total points of entry to the system to 16. Mr. Koenig noted that each of those points of entry have the ability to change the flow and velocity of the system. He stated that introducing water with a lower pH level causes an imbalance which leads to corrosive activity on the pipe wall and the addition of chlorine accelerates the corrosive activity.
Mr. Ritter asked if variable frequency drives were used to bring the pumps on gradually. Mr. Koenig stated that they are not currently used; however, staff will pursue that option for the large production facilities.
Responding to Mr. Ruane, Mr. Koenig stated that, since the City is in compliance with the total coliform rule and the primary drinking water standards, from a public health standpoint, the water is acceptable. Iron and rust in the system is an aesthetic issue which is not acceptable to the customers. Mr. Koenig stated that he would not recommend discontinuation of chlorination since the system is healthier and there is a greater level of protection to the public when it is chlorinated.
Responding to Mr. Speed, Mr. Koenig stated that most of the oldest pipes had been replaced as part of other projects, such as the Constitution Place and downtown revitalization projects. He expects the hydraulic model to identify bottlenecks in the system, which will hopefully correlate with the unlined cast iron system, and those pipes would then be replaced.
Council President McGlumphy requested staff to develop cost scenarios for FY2005, 2006, and 2007.
Council President McGlumphy declared the public hearing open.
Mr. Tom Dix, 664 Independence Boulevard, Bicentennial Village, stated that he has had water problems since he moved here in June of 1999. He indicated that his water is brown and has a hydrogen sulfide odor. At that time, he was told the water quality was due to new construction in the area. Mr. Dix stated that he had similar water problems in Georgia and he was told then that a drop in the pH level would cause the odor. He noted that when he has brown water, the odor decreases. Mr. Dix suggested that the City consider replacing the water towers with pressurized pumps to provide uniformity in the system.
Responding to Mr. Dix, Mr. Koenig stated that the City takes 40 water quality samples a month (ten per week).
Ms. Tammy Brittingham, 160 Pennsylvania Avenue, stated that she was not entirely convinced that the brown water was safe to drink. She stated that she had spent a lot of time doing research with the Environmental Protection Agency (EPA) and the City of Washington, D.C., which has a similar problem.
Ms. Brittingham stated that Washington discontinued use of chlorine in their water system after the Corp of Engineers and the EPA informed them that chlorine causes the production of trihalomethane, which is carcinogenic. She noted that the Corp of Engineers discontinued the use of chlorine in 2000 after it was determined that it produced high levels of cancer causing bi-products. Ms. Brittingham stated that Washington, D.C. is now using chloramines in their system. She indicated that there was an informative article pertaining to water chlorination in the February 29th edition of the Washington Post.
Ms. Brittingham stated that both chlorine and chloramine add to the corrosion of the lines. She expressed concern that there may be lead pipes within the City’s water system that are being corroded and that there may be lead in the drinking water. Ms. Brittingham, noting that a safe water determination is made when 90% of the samples fall below required levels, questioned what was contained in the other 10%. Ms. Brittingham suggested that the City identify the locations of any lead pipes, look at the impact of ingesting iron, and clearly explain to residents the possibility of the occurrence of trihalomethanes as a by-product of the chlorination. She stated that she is more concerned with what she cannot see or taste. Ms. Brittingham suggested that the City consider corrosion inhibitors (polyphosphate) as an interim solution. She also suggesting contacting someone in Washington to find out how the inhibitors are working for them.
Ms. Brittingham stated that she has been living with brown water for one and half years and recently had to replace her hot water heater, dishwasher, and refrigerator. She stated that the EPA website discusses the impact of sediment from iron and rust on appliances. Ms. Brittingham noted that she faithfully pays her water bill and she feels that she is receiving sub-standard water. She asked how they could explain to the children in the city that the brown water should be tolerated. Ms. Brittingham requested that the City identify the households which typically have a brown water problem and consider an adjustment to the water bills for those residents. She also advised members that she would be willing to pay higher property taxes if she could have clean water.
Mr. Bob Sadusky, Jr., 137 Brandywine Drive, referring to Ms. Brittingham’s comments, stated that the water in Washington, D.C. is actually worse than the water was in Love Canal, which was severely contaminated. He advised members that the CDC has extensive information on the effects of chlorine in the water. Mr. Sadusky cautioned that class action suites could be possible in the future. He stated that Dover has always prided itself on its clean water and now the water is brown. Mr. Sadusky believes that the State of Delaware should bear the responsibility for the water situation since they forced the City to chlorinate. He offered to request the State to remedy the situation.
Mr. Bob Sadusky, Sr., 88 Lynnehaven Drive, suggested that the City install and operate variable speed motors for a period of time to determine if they will remedy the brown water situation prior to relining or replacing pipes. Responding to Mr. Sadusky, Mr. Koenig stated that the typical system pressure is 55 PSI and the exit pressure leaving the plant is approximately 77 PSI.
Mr. David Bonar, 218 North State Street, questioned whether or not the City had considered cathodic protection. Mr. Koenig stated it works well on well heads and things that are influenced from substations; however, providing cathodic protection on miles of pipes would mean digging up the joints. Mr. Bonar asked if induced current could be applied to the water to extract the ions. Mr. Koenig stated that he was unaware of that method being used on a distribution system.
Mr. Bonar stated that he requested the City to test his water in January when there was a significant brown water event. He was advised that the City did not test the water of individual residences; however, the State would. When he called the State Department of Public Health, he was told that the State would not test within the City of Dover. Mr. Bonar thought that there should be better communication regarding the situation.
Mr. Bonar stated that when there are shower heads, ice machines, refrigerators, and washing machines that are in need of replacement and toilet bowls that have rings around them, it is an indication that the water is not as clear as it should be. He advised members that he has to replace his shower head every six (6) to eight (8) months because it becomes clogged. Mr. Bonar stated that he was not convinced that there were not particulates being passed on in the drinking water. He stated that he would be willing to pay higher taxes in order to have better quality water and a longer service in the water lines.
Ms. Leilani Wall, 114 Shadow Court, stated that she has lived in Dover for most of her life and has always had very good water. Once the City began chlorination and fluoridation of the water, she began experiencing a rotten egg and chlorine smell. Mr. Koenig stated that he was not sure if there would ever be a reduction in the odor. He noted that they had received very few, if any, complaints from the Crossgates area regarding brown water or odor. Mr. DePrima suggested that staff visit Ms. Wall’s home to test her water and check her hot water heater to be sure there was nothing out of the ordinary. Mr. Ruane stated that he has experienced the odor as well.
Ms. Marcella Hall, 128 Hazel Road, questioned if all of the complaints were related to brown water. Mr. Koenig stated that they were related to either a rotten egg or chlorine odor or brown water. Ms. Hall asked if there had been complaints of damage to appliances or hot water heaters. She expressed concern with the safety of drinking the rust sediment. Ms. Hall stated that she is also concerned with the mental health of children who have to bathe in brown water.
Mr. Alan Angel, 101 Nixon Lane, stated that the chlorine is removing the finish from his bathtub, turning his fixtures green, and eating away at his shower heads. He stated that the water is also damaging the dentures which he produces as a part of his business. Mr. Angel expressed concern with the safety of the drinking water and suggested adding the chlorine to the water towers instead of hammering it into the system.
Mr. Bob Duncan suggested installing sand and gravel sediment filters to reduce the water problems.
Council President McGlumphy declared the public hearing closed.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 114 AND 118 SOUTH KIRKWOOD STREET, OWNED BY ROBERT M. DUNCAN
A public hearing was duly advertised for this time and place to consider rezoning of property located at 114 and 118 South Kirkwood Street, owned by Robert M. Duncan. These properties are currently zoned RG-1 (General Residence) and the proposed zoning is C-2 (Central Commercial)
Planner's Review
Mr. James Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended that the request for rezoning be approved.
Public Hearing
Council President McGlumphy declared the hearing open. With no one present wishing to speak, Council President McGlumphy declared the hearing closed.
Mr. Speed moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mrs. Williams and by a unanimous roll call vote (Mr. Salters absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of February 2, 2004).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED AT 114 AND 118 SOUTH KIRKWOOD 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 properties described below from RG-1 (General Residence) to C-2 (Central Commercial).
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 have been amended by changing the zoning designations from RG-1 to C-2 on properties located at 114 and 118 South Kirkwood Street, owned by Robert M. Duncan.
ADOPTED: MARCH 8, 2004
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1001 WEST FORREST AVENUE, OWNED BY WILLIAM AND ELEANOR PARADEE; A PORTION OF 40 SAULSBURY ROAD, OWNED BY RIVERVIEW ASSOCIATES, LLC; A PORTION OF 1017 FORREST AVENUE, OWNED BY L.D. SHANK, III; AND A PORTION OF 1035 FORREST AVENUE, OWNED BY DOVER ELKS LODGE #1903
A public hearing was duly advertised for this time and place to consider rezoning of properties located at 1001 West Forrest Avenue (ED-05-76.07-01-32.00), owned by William and Eleanor Paradee and currently zoned C-3 (Central Commercial); a portion of 40 Saulsbury Road (ED-05-76.07-01-29.00), owned by Riverview Associates, LLC and currently zoned C-3 (Central Commercial); a portion of 1017 Forrest Avenue (ED-05-76.07-01-31.00), owned by L.D. Shank, III and currently zoned I-O (Institutional and Office); and a portion of 1035 Forrest Avenue (ED-05-76.07-01-30.00), owned by Dover Elks Lodge #1903 and currently zoned I-O (Institutional and Office). The proposed zoning for these properties is C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay Zone 1).
Planner's Review
Mr. James Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). The Planning Commission recommended that the request for rezoning be approved.
Public Hearing
Council President McGlumphy declared the hearing open. With no one present wishing to speak, Council President McGlumphy declared the hearing closed.
Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission, seconded by Mrs. Williams.
Mr. Ruane suggested that the motion be amended to indicate that this application represents a minor variation of the Comprehensive Plan, which is accepted in the Preliminary Land Use Memorandum of Understanding with the State.
Mr. Carey agreed to amend the motion, as did Mrs. Williams as the seconder.
By a unanimous roll call vote (Mr. Salters absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of February 2, 2004).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED AT 1001 WEST FORREST AVENUE, A PORTION OF 40 SAULSBURY ROAD, A PORTION OF 1017 FORREST AVENUE, AND A PORTION OF 1035 FORREST AVENUE
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 properties as described below.
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 have been amended by changing the zoning designation from C-3 (Central Commercial) to C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay Zone 1) for property located at 1001 West Forrest Avenue (ED-05-76.07-01-32.00), owned by William and Eleanor Paradee and a portion of 40 Saulsbury Road (ED-05-76.07-01-29.00), owned by Riverview Associates, LLC; and from I-O (Institutional and Office) to C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay Zone 1) for a portion of 1017 Forrest Avenue (ED-05-76.07-01-31.00), owned by L.D. Shank, III; and a portion of 1035 Forrest Avenue (ED-05-76.07-01-30.00), owned by Dover Elks Lodge #1903.
ADOPTED: MARCH 8, 2004
SAFETY ADVISORY COMMITTEE REPORT - FEBRUARY 13, 2004
The Safety Advisory Committee Meeting was held on February 13, 2004, with Chairman Truitt presiding.
Review/Update - Police Department Complaints/Code Enforcement Issues
During their meeting of November 12, 2003, members reviewed concerns of Mr. Eric O’Brien, 30 North New Street, regarding the quality of life surrounding his residence. He noted problems of loitering, prostitution, and criminal activity and requested the City to address these concerns. After a lengthy discussion regarding the situation, Chairman Truitt requested that members provide him with a prioritized list of the concerns discussed and that once the lists were received, members would meet to considered possible solutions.
In addition, members reviewed concerns received from Mrs. Fran Savin, 226 N. Governors Avenue, regarding parking enforcement issues in her neighborhood. Although members discussed possible solutions, since Mrs. Savin had indicated Code enforcement issues needed to be addressed and she was not able to attend the meeting, members suggested scheduling another meeting at a time convenient for Mrs. Savin to attend.
Since their meeting, additional correspondence has been received from the residents of Queen Manor regarding concerns of security, safety, and cooperation between the Dover Housing Authority, the Dover Police Department, and the tenants of Queen Manor. Members were advised of problems with drugs, alcohol, and prostitution activities occurring at Queen Manor.
Governors Avenue (Fran Savin)
Mrs. Savin reiterated her concerns and advised members that she has contacted the Police Department on several occasions; however, there seems to be no response. Responding, Chief Horvath advised members that there were 34 arrests of college students in 2003. Although the Police Department is sensitive to each complaint received, complaints are prioritized and calls received for violence, criminal offenses, property damage, and personally injury must be responded to prior to a non-violent complaint received such as loud noise complaints. The Dover Police Department has the best response times in the State of Delaware for priority number one complaints. The response times for number two priority calls depend on the number of priority one calls that are received. Chief Horvath apologized for the inconvenience and explained the process of responding to loud noise complaints. If an offense is not witnessed by a police officer, a citation cannot be issued; however, a property owner has the option of signing a warrant. He assured members that the Police Department has been far more aggressive with the Wesley College students than they have been in the past, which has resulted in several arrests for underage consumption and, according to the school’s policy, the expulsion of certain students who have violated the law three (3) times.
After much discussion, it was agreed that to resolve these issues, the landlords and Wesley College will need to become more involved with the efforts of the Police Department and residents in this area. Noting that it will be necessary for residents to become more actively involved, Mrs. Williams suggested that a special class be provided to instruct homeowners and residents in the troubled areas on how to make a report, what evidence is necessary, and what information a judge will consider.
Mrs. Savin reminded members that the City has put the residents in this position by continuously issuing rental licenses for the older homes in the area that have been converted into rental properties.
Responding, Mr. Galvin explained that the City has little ability to limit the rental of property as long as all codes and conditions are met. What control the City does have is over student housing, resulting from an ordinance adopted by Council last year. Staff is currently in the process of identifying the rental properties within the entire City and are at a point to determine those that are student housing.
Mr. Tolbert felt that the committee should develop some type of strategy for arriving at a solution. In order to do this, it was his feeling that some of the key players should be participating in the discussion, such as Wesley College and landlords. It was his opinion that the City owes its residents consideration in addressing their concerns and questioned how it could be done effectively. He suggested that the committee initiate a meeting with the residents, trustees of Wesley College, landlords, and the Police Department to develop solutions.
Mr. Truitt stated that although the City would like to have these community issues resolved, due to time constraints, it was necessary for members to move forward with the agenda.
Queen Manor/Dover Housing Authority (Residents of Queen Manor)
Members received a letter from the residents of Queen Manor regarding concerns with the influx of drug activity, fighting, prostitution, unauthorized visitors, as well as cleanliness of the building. On behalf of Ms. Henrietta Perry, President of the Resident Council for Queen Manor, Ms. Emily Tuthill Best (Statewide Association of Tenants - SWAT), read a letter into the record.
During the committee meeting, Mr. Howard Bryan, resident of Queen Manor, explained the safety concerns of the tenants. Ms. Best further explained that the residents are fearful of submitting complaints to the Dover Housing Authority.
Ms. Marilyn Ambrose, representative of Dover Housing Authority, advised members that an extra duty police officer was hired for a certain number of hours at all of their facilities. Unfortunately, the funding for this is no longer available from HUD and there are no grants available at this time that can be applied for to allow for extra duty police officers. Without assistance, the Dover Housing Authority does not have adequate funding to provide security at their facilities. Ms. Ambrose stated that she has received numerous calls from residents and was not aware of them being fearful of contacting the Dover Housing Authority. To her knowledge, there had been no instance of a caller who had not remained anonymous.
Ms. Ambrose also advised members that residents had been identified as causing the majority of the problems and action was being taken in this regard. She explained the difficulty in evicting residents and, because the Dover Housing Authority is considered a “housing of last resort”, judges are very hesitant. She also stated that due to privacy issues, on many occasions, the residents are not aware that the Dover Housing Authority is taking corrective measures. Therefore, it may appear that the Dover Housing Authority is not taking necessary action; however, she assured members that steps were being taken to evict the problem residents.
Mrs. Williams (Chair of the Dover Housing Authority) stated that the Dover Housing Authority is working towards educating the Justice of the Peace Magistrates on the issues involved to obtain their assistance. She explained that to resolve the problems, it is the Housing Authority’s responsibility to partner with the police, the residents, residential community, and most importantly, the magistrates. They must work with the courts so that they have an understanding of the results of their decisions.
Ms. Ambrose also advised members that the Dover Housing Authority had developed a lease addendum to address action that is not permissible, such as tossing keys out of the window to allow someone access. Once these types of prohibitions are included in the lease, it is hoped that the judges will authorize the eviction of tenants. She advised members that Queen Manor now provides housing for handicapped individuals, regardless of age, as well as the elderly.
North New Street (Eric O’Brien)
Mr. Truitt noted that members had received and reviewed the correspondence submitted by Mr. Eric O’Brien, 30 N. New Street, regarding the continuous problems in his neighborhood. It was his feeling that members discussed these concerns during their review of the previous item involving the problems relayed by Mrs. Savin.
Mr. O’Brien objected to not being given the opportunity to address members directly regarding his concerns.
Responding, Mr. Truitt explained that Mr. O’Brien was previously given the opportunity to address members during their meeting of November 12, 2003 and that it was the first time members were addressed by Mrs. Savin and the residents of Queen Manor regarding their concerns.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 23, 2004
The Legislative, Finance, and Administration Committee Meeting was held on February 23, 2004, with Chairman Speed presiding.
Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2003
In accordance with Section 46 of the City Charter, the City's financial books are audited by independent auditors each year. The Finance Director/Treasurer, Mrs. Mitchell, submitted the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2003. It was noted that all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company, whose opinion has been included in the report. The City has received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last 18 years.
To assist with the understanding the changes associated with GASB 34, “The New Reporting Model”, a power point handout prepared by the GFOA was provided to members, as well as a power point handout to highlight the key points of this year’s CAFR.
The committee recommended acceptance of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2003.
By consent agenda, Mr. Carey moved for acceptance of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2003 (as on file in the Office of the City Clerk), seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters absent).
Discussion - Charter and Code Review
The committee has had on-going discussions regarding possible Charter and Code amendments. In August of 2003, Council President McGlumphy requested that members of City Council and the Legislative, Finance, and Administration Committee review the City Charter and Code for possible changes and that any proposed changes be submitted to the City Clerk’s Office. The review was requested as a result of several comments and concerns relayed by members of Council, as well as the recent PAS Study. Members were provided copies of several sections of the Charter and Code with suggestions for their review and recommendation for possible amendments.
Section 5 - Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications
Members continued their review of the third and fourth paragraph of Section 5. Some members had suggested longer terms for elected officials. If the length of term is changed, it was suggested that consideration be given to adding the allowance of a recall.
Referring to Mr. Ruane’s opinion that the residency requirement be eliminated and the minimum age requirement of 21 years be changed to 18 years, Mr. Salters felt that the City standards should remain higher and that no changes be made to the requirements.
Mr. Shelton explained that life experience is important and felt that 18 may be too young. He also felt that it was important for new residents to get a good “feel” for the area before serving as an elected official for the City and agreed with a residency requirement of two (2) years or more.
Mrs. Williams questioned why the City would be considering making changes to requirements that are working for the City. Concurring, Mr. Pitts stated that no change is necessary to the term of office, assuring members that if people are satisfied with your performance as an elected official, then you will be re-elected.
There was discussion regarding the requirement that if a member of Council whose term does not expire wishes to run for the Office of the Mayor, their term as councilman automatically expires on the second Monday of May in the year of the election. At the request of Mrs. Williams, Mrs. Green advised members that there was both a personality reasoning for the requirement, as well as monetary. The personality reason stemmed from a member of Council who ran for the Office of the Mayor, whose term as a member of Council did not expire until the next year. At that time, some members of Council felt it would have been an opportunity for that member of Council to lose their seat on Council. The monetary reason was to avoid having to hold a special election immediately following the regular election. If a member of Council whose term did not expire ran for and won the election for Mayor, then it would be necessary for a special election to be held to fill the unexpired term of that member of Council.
Mr. Speed noted that the requirement is not the same if a Mayor would choose to run for the office of Council; therefore, it was his opinion that the reasoning for the requirement resulted from the personality conflict on Council at that time rather than the concerns of a special election.
There was also some discussion regarding the fairness to those members of Council whose terms do not correspond with that of the Mayor’s terms as compared to those members of Council whose terms coincide with the Mayor’s terms. (City Clerk’s Office Note: In accordance with a previous legal opinion received, those members of Council whose terms coincide with the Mayor’s terms would not be permitted to run for the Office of the Mayor and run to retain their seat on Council).
The committee recommended deferring the matter until the next committee meeting.
With the exception of Mr. Ruane, there were no comments received on Sections 6, 7, 8, or 9; therefore, discussion should continue beginning with Section 10 at the next meeting.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters absent).