COUNCIL COMMITTEES
The Council Committees Meeting was held on May 27, 2003, at 6:30 p.m., with Council President McGlumphy presiding. Members of Council present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane moved for approval of the agenda, seconded by Mr. Speed and unanimously carried.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Mr. Pitts presiding. Members present were Mr. Carey, Mrs. Williams, and Mr. Davis.
Bid - Playground Equipment - Division/Kirkwood Streets
The Parks and Recreation Department solicited bids for the purchase of new playground equipment and structures including the installation at Division/Kirkwood Streets. The bid package was reflective of the public workshop, which included approximately 20 families, and the current safety standards meeting CPSC, ASTM F1487-01 and ADA Regulations. Staff recommended awarding the bid to the low bidder, West Recreation, Inc. of Queenstown, Maryland, in the amount of $49,942 for the purchase and installation of playground equipment and structures as specified in the bid.
The purchase of the Division/Kirkwood Street playground equipment and structures is identified on page 34 of the 2003-2007 Capital Investments Plan and on page 149 of the FY2003 Operating Budget in the amount of $75,000, with designated funding from the Parkland Reserve. The bid amount of $49,942 will be transferred from the Parkland Reserve Account.
Mr. Carey moved to recommend that a purchase order be issued to West Recreation, Inc. of Queenstown, Maryland, in the amount of $49,942 for the purchase and installation of playground equipment and structures as specified in the bid, as recommended by staff. The motion was seconded by Mrs. Williams and unanimously carried.
Mr. Pitts moved for adjournment, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Mr. Ruane presiding. Members present were Mr. Carey, and Mr. Ritter. Mr. Lambert and Mr. Farling were absent.
North Street Water and Sewer Utility Improvements - State of Delaware Reimbursement
Members were advised that during the initial discussions with the State of Delaware Department of Transportation regarding the upgrade and widening of North Street from Mifflin Road to West Street, the Department of Public Works was requested by the former City Manager to identify all of the necessary water and sewer utility upgrades to provide service to the Eden Hill Farm. The projected improvements were then incorporated into the final contract drawings for the North Street Upgrades.
The City of Dover executed a letter agreement regarding the utility relocation and adjustment under State Contract #98-045-01 North Street, Mifflin Road to West Street on January 31, 2001. The water and sewer utility improvements are now complete and the State of Delaware Department of Transportation is requesting reimbursement in the amount of $53,525.88 (water utility improvements - $39,036.88 and sewer utility improvements - $14,489).
Mr. DePrima advised members that funding for this unbudgeted invoice will be covered by the interest earnings transferred in from the water and sewer bond reserves, which totaled approximately $535,000.
Staff recommended that the State of Delaware Department of Transportation be reimbursed $53,525.88 to be charged against the water utility in the amount of $39,036.88 and the sewer utility in the amount of $14,489.
Mr. Ruane referenced receipt of a copy of the letter agreement and noted that, although there are procedures for making such improvements in anticipation of future development, he requested that the expenses be included in the budget with the possibility of assessing owners of the properties benefitting from the improvements.
Responding, Mr. DePrima advised members that the letter agreement included an estimated cost. It was his opinion that, in accordance with the purchasing policy, since the matter became a sole vendor contract and because of the costs involved, the matter should have been presented to City Council for approval. Mr. DePrima noted that these improvements are done on a regular basis; however, decisions to make utility facilities larger than what the existing customer base would justify is done on a case by case basis and is negotiated with each developer, which may sometimes be DelDOT or a private developer. Staff concurred that a policy should be developed on the decision for the improvements to provide guidance and outlines for the negotiation process. The policy would also include a methodology for assessing the costs to the property owners that are gaining from the improvements.
It was noted that the Council President and Chairman of the Utility Committee had, at their request, received a copy of the signed letter agreement. It was requested that all members be provided with a copy prior to official action during the Council Meeting on June 9, 2003.
Mr. Carey moved to recommend approval of staff’s recommendation to reimburse the State of Delaware Department of Transportation in the amount of $53,525.88 and that $39,036.88 be charged against the water utility and $14,489 be charged against the sewer utility. The motion was seconded by Mr. Ritter and unanimously carried.
Mr. Ruane moved for adjournment, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
Due to the lack of approved appointments of members, the Legislative and Finance Committee functioned as a Committee of the Whole, with Council President McGlumphy presiding and Mr. Gorman serving as a civilian member with no vote (legal opinions regarding this matter were submitted by City Solicitor Rodriguez and are on file in the Office of the City Clerk).
Proposed Ordinance Amendments - Chapter 2 - Administration, Article VIII - Committees
Referring to the agenda items for proposed ordinance amendments, Mr. Salters relayed concerns regarding the requirement of Section 1-6 of the Dover Code, which requires a member of the Legislative and Finance Committee to sponsor proposed ordinance amendments. Since there is only one member that has been approved to serve on the Legislative and Finance Committee, he felt that there is no active committee and, therefore, no legal member that would be authorized to sponsor legislation. In his opinion, with no committee, there is no member.
Responding, Mr. Rodriguez explained that under the current circumstances, there is no possible way for Council to comply with Section 1-6 requirements and that Council has the power to waive certain ordinances. Under this particular circumstance, he felt that Council was justified in waiving the requirements in order to conduct necessary business.
Mr. Salters noted that the proposed ordinance amendments would allow for nominees to vote for themselves when the Council President has nominated them to serve on a standing Council committee. He questioned the intent and rationale of having these amendments presented at this time, indicating that the ordinance has been in effect for several years and has served its purpose. It was his feeling that they are being hurried since they are not serving the purposes of the Council President for having his nominations for committee membership approved.
Responding, Council President McGlumphy assured members that the presentation of the proposed amendments is not being done frivolously and that in order to conduct business, he is following the opinion of the City Solicitor and requested that members waive the requirements of Section 1-6 of the Dover Code.
Mr. Ruane moved to waive the requirements of Section 1-6 of the Dover Code, seconded by Mr. Ritter.
For the record, Mr. Salters indicated his feeling that the amendments are being presented at this time to circumvent the votes that were cast against the Council President’s nominations for members to the Legislative and Finance Committee. He explained that his opposition to the nominations is due to having the same members of Council serving on both the Utility and Legislative and Finance Committees. He alluded to the reasoning of the Council President for the nomination of those members being due to their possession of bachelor degrees. Mr. Salters stated that, although he is not personally interested in serving as a member of the committee, there are other qualified members of Council. It was his feeling that the Council President is systematically excluding those members, as well as the legislative process of the City.
Responding, Council President McGlumphy felt that he has appointed the most qualified individuals of this Council to these committees and that his committee selections are valid. He also stated that his nominations give various Council Members the opportunity to serve on additional committees.
On a call for the question by Mr. Salters, the motion to waive the requirements of Section 1-6 of the Dover Code, was carried by a roll call vote of five (5) yes, four (4) no (Mr. Carey, Mrs. Williams, Mr. Truitt, and Mr. Salters).
Members considered proposed amendments to Chapter 2 - Administration, Article VIII - Committees, Sections 2-147, 2-157, 2-162, and 2-167 - Members. These amendments would allow for nominees to vote for themselves when the council president has nominated them to serve on a standing committee by eliminating the wording “with any nominee not entitled to vote” from each of these sections.
Mr. Ruane moved to recommend adoption of the proposed ordinance amendments under consent agenda, seconded by Mr. Ritter.
Mr. Salters moved that each of the amendments be considered separately, seconded by Mrs. Williams. The motion failed by a roll call vote of five (5) no, four (4) yes (Mr. Carey, Mrs. Williams, Mr. Truitt, and Mr. Salters).
On a call for the question by Mr. Ruane, the motion to recommend adoption of the proposed ordinance amendments (Attachment #1) was carried by a roll call vote of five (5) yes, four (4) no (Mr. Carey, Mrs. Williams, Mr. Truitt, and Mr. Salters).
Proposed Land Subdivision Amendments - Appendix A, Article III - Definitions and Article VI - Subdivision - General, Requirements and Design Standards, Section A - Streets, Paragraph 8 - Street Layout (Request Two Means of Access into Major Subdivisions)
Members reviewed a proposed amendment to Appendix A - Land Subdivision Regulations, Article III - Definitions and Article VI - Subdivision - General, Requirements and Design Standards, Section A - Streets, Paragraph 8 - Street Layout. Mr. Jorgenson, City Planner, explained that the proposed text amendments provide for a second entrance to subdivisions, provided such entrance is permitted by the Delaware Department of Transportation. This text amendment is also an attempt to comply with Chapter 4, Means of Access, Section 4-1-2 of the National Fire Prevention Associations’ Fire Protection in Planned Building Groups which requires “(access) to the Property of the planned building group shall be provided by a minimum of two distinctly separate routes of ingress and egress, each located as remotely from the other as possible”. A second entrance provides that in an emergency situation, if one access is blocked, emergency vehicles have access into the subdivision via a second route. Staff recommended approval of the proposed amendments.
Mr. Carey suggested that the following wording to be added to the proposed amendment to Article VI, Section A, Paragraph 8: “or is determined to be unfeasible”.
Responding to Mr. Salters, Mr. Jorgenson indicated that following the completion of the Comprehensive Plan, it is his intent to review the land development subdivision regulations not to update, but to have them rewritten. His plan would be to have three (3) members of Council, the Planning Commission, and the public review the regulations and estimates that this review would begin in September 2003 and take approximately six (6) months to complete. The review is conducted in the interest of protecting the health, safety, and welfare of Dover’s citizens.
Mr. Ruane moved to recommend approval of the proposed land subdivision amendments as amended (Attachment #2), seconded by Mr. Carey and unanimously carried. Since these are Land Subdivision Amendments, it is recommended for referral to the Planning Commission on July 21, 2003 and that a public hearing be set for July 26, 2003 at 7:30 p.m.
Proposed Legislation - H.B. 157 - Real Estate Transfer Tax
Mayor Hutchison provided members with a copy of current legislation that is before the House of Representatives known as H.B. 157, related to the taxation of real property. This legislation proposes to increase the State Realty Transfer Tax from 1 and 1/2 percent to 1 and 7/8 percent and decrease the level of tax that county and municipal governments may impose on real property transfer from 1 and 1/2 percent to 1 and 1/8 percent. Since this legislation would have a serious financial impact on the City of Dover, Mayor Hutchison requested that members adopt a Resolution opposing H.B. 157.
Council President McGlumphy advised members that review of the impact the legislation would have had on the City this year indicates that the City would have lost $312,550. Furthermore, if the legislation would have been in effect this year, the City would have lost an additional $576,833 for the sale of the Dover Mall. In addition to the Resolution, Council President McGlumphy requested that members contact their local legislators to discuss this issue.
It was Mr. Speed’s opinion that the proposed legislation is an attempt by the State Legislature to forego increasing taxes at the State level. He explained that the legislation, if approved, is in fact a tax increase because local governments will be forced to raise funds from other sources and, in his opinion, is a means of raising taxes without taking credit.
Mr. Salters moved to recommend adoption of a Resolution in opposition to H.B. 157 (Attachment #3), seconded by Mrs. Williams and unanimously carried.
Mr. Ruane moved for adjournment, seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 7:15 P.M.
Respectfully submitted,
William P. McGlumphy
Council President
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Attachments on File at the City Clerk’s Office
Attachment #1 - Chapter 2 - Administration, Article VIII - Committees (First Reading)
Attachment #2 - Appendix A, Article III - Definitions and Article VI - Subdivision (First Reading)
Attachment #3 - H.B. 157 - Real Estate Transfer Tax