REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 10, 2003 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Salters, and Mr. Ruane. Mr. Speed was absent.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Jorgenson, Fire 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 Carey 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. McGlumphy requested the addition of item #6 - PAS Compensation and Classification Study. Mr. Truitt moved for approval of the agenda, as amended, seconded by Mrs. Williams and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JANUARY 23, 2003
The Minutes of the Special Council Meeting of January 23, 2003 were unanimously approved by consent agenda by motion of Mr. Salters, seconded by Mr. McGlumphy and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 27, 2003
The Minutes of the Regular Council Meeting of January 27, 2003 were unanimously approved by consent agenda by motion of Mr. Salters, seconded by Mr. McGlumphy and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JANUARY 31, 2003
In reviewing the Special Council Meeting Minutes of January 31, 2003, Mr. McGlumphy referenced the 6th paragraph on page 2 where he “suggested that the City Manager be authorized to provide members with a prioritized list of FY 2003/2004 CIP Projects by delineating those projects for FY 2001/2002 and FY 2002/2003 that were not completed or were deferred and carried over.” In the following paragraph where Mr. DePrima responded to Mr. Ruane, he stated that “the suggestion made by Mr. McGlumphy would provide for the projects to be included in the budget, at which time members would be provided only those projects staff felt were critical.” Mr. McGlumphy clarified that the purpose of his suggestion was to provide Council with three (3) lists of projects over the past three (3) years that have been through the CIP process. He felt that this would clearly delineate those projects that have been completed and those that are pending and prioritize the projects for FY 2004. It was his feeling that the minutes suggest that the lists will not be provided. Mr. McGlumphy explained that his request would be for three (3) lists to be provided, one for each fiscal year, and that they be provided prior to the submission of the budget.
The Minutes of the Special Council Meeting of January 31, 2003 were unanimously approved as amended by motion of Mr. Salters, seconded by Mr. McGlumphy and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - OPEN TOWN MEETING OF FEBRUARY 3, 2003
The Minutes of the Open Town Meeting of February 3, 2003 were unanimously approved by consent agenda by motion of Mr. Salters, seconded by Mr. McGlumphy and bore the written approval of Mayor Hutchison.
CERTIFICATE OF RECOGNITION - DOROTHY L. GEORGE
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, Dorothy L. George was born on January 30, 1923 in Philadelphia, Pennsylvania; and
WHEREAS, Ms. George had the desire to become a teacher from an early age and obtained a degree in Elementary Education from Delaware State College in 1944; and
WHEREAS, Ms. George began her career teaching grades one through four in a two-room school in Viola, Delaware, and she continues to teach at Faith Elementary and Middle School in the Kindergarten and Preschool classes; and
WHEREAS, in addition to teaching, Ms. George has used her talents to improve the educational system by serving on numerous committees, councils and task forces, including her service as the coordinator of the first Kindergarten Program in the Capital School District; and
WHEREAS, in addition to dedicating her life to educating children in the community for 60 years, Ms. George has also worked with community groups such as the Brownies and the 4-H Club to help children develop skills to become leaders; and
WHEREAS, Ms. George has received many honors throughout her career in recognition of her accomplishments, including Teacher of the Year and a letter of commendation from President George W. Bush; and
WHEREAS, Ms. George is being honored on Thursday, January 30, 2003, on her 80th birthday by friends and family who are deeply appreciative of the many years of service she has given to the field of education and the many contributions she has made throughout the years.
NOW THEREFORE I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby award this Certificate of Recognition to DOROTHY L. GEORGE and extend best wishes to her and her entire family on behalf of the City of Dover, for many years of happiness in the future.
On behalf of the City of Dover, Mayor Hutchison presented Ms. George with the Certificate of Recognition in honor of her 80th birthday and thanked her for her many contributions to the community.
Ms. George thanked the Mayor and Council for the recognition.
PUBLIC HEARING/PROPOSED RESOLUTION - ABANDONMENT OF ALLEYS LOCATED BETWEEN NORTH GOVERNORS AVENUE, NORTH BRADFORD STREET, AND DIVISION STREET (APPLICANTS: WESLEY COLLEGE, CONMAL INVESTMENTS LLC, AND ZIMMAL PROPERTIES LLC)
A public hearing was duly advertised for this time and place to consider abandonment of alleys located between North Governors Avenue, North Bradford Street, and Division Street: 1) alley running East/West (paper); and 2) alley running North/South. The applicants are Wesley College, Conmal Investments LLC, and Zimmal Properties LLC.
Mr. Jorgenson, City Planner, reminded members that the two subject alleys are located within the block between North Governors Avenue and North Bradford Street and north of Division Street. Alley #1 takes access from North Governors Avenue and continues east to mid-block. Alley #2 takes access from Division Street and continues north. The request for the alley abandonments is to allow for the land to be further consolidated for project development for Wesley College. According to the proposed plan, the lands associated with the alleys will be utilized for fire lanes and access to the parking area. The Planning Commission and Utility Committee (meeting of January 13, 2003) recommended approval of the requested abandonments, stipulating that utility easements be reserved for the City. Mr. Jorgenson explained that there is an existing water line the runs from Division Street to Fulton Street.
Council President Carey declared the public hearing open.
Mr. Roger Stanley, representative of Larsen Engineering, was available to answer any questions regarding the request.
Council President Carey declared the public hearing closed.
Mr. McGlumphy moved for approval of the request to abandon the alleys located between North Governors Avenue, North Bradford Street, and Division Street, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mr. Speed absent), Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alleys:
Alley #1
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, an alley running east to west, lying on the easterly side of North Governors Avenue between North Bradford Street and North Governors Avenue and the alley parallel to Division Street, being 10 feet wide and approximately 150 feet in length, comprising 1,500 square feet, more or less.
Alley #2
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, an alley running north to south, lying on the northerly side of Division Street between Fulton Street and Division Street and the alley parallel to North Governors Avenue, being 17 feet wide and approximately 254.68 feet in length, comprising 4329.56 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: FEBRUARY 10, 2003
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 27, 2003 with Chairman Salters presiding.
Comprehensive Annual Financial Report - Fiscal Year 2002
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, 2002. It was noted that all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company and that the auditors have given the City of Dover a clean (unqualified) opinion. 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 17 years.
The committee recommended acceptance of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2002.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. McGlumphy and unanimously carried.
Revenue Manual Review - Revenue Indicators
As requested during the Committee Meeting of December 9, 2002, members were provided background data used to develop revenue indicators, along with a more detailed explanation of the purpose and justification of the indicators. Mr. DePrima, City Manager, emphasized that while the indicators are included in the Revenue Manual, they do not represent a mechanism solely for increasing revenues. He noted that the indicators are intended to be a mechanism for examining the relationship between revenues and expenses and should be used as a budgeting tool.
During the committee meeting, Mr. Speed indicated his feeling that the City Manager may want to establish internal guidelines as tools for his own use but that Council did not need to officially endorse those revenue indicators. If Council voted on it, it was his feeling that it would then become more of a policy than a guideline.
The committee recommended removing the Revenue Indicators from the Revenue Manual.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. McGlumphy and unanimously carried.
Revenue Manual Review - Future Revenue Sources
As requested during the Committee Meeting of December 9, 2002, members were provided with a list of potential revenue sources for their consideration, categorized as follows: A) Potential Lower Yield Revenue Sources; B) Potential High Yield Revenue Sources; and C) Potential High Yield Revenue Sources that Require State or County Cooperation. Mr. Salters requested members to review the list and rank the suggestions in order of priority for submission to the City Clerk, who will then compile the results. Responding to Mr. Truitt, Mr. DePrima stated that department heads have been requested to review their current fees for possible adjustment.
It was the consensus of members that they would review the list of Future Revenue Sources and provide the City Clerk with a prioritized list for compilation.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
FOX HALL DRIVE WATER AND SEWER CONNECTION FEES
During their meeting of January 27, 2003, members of Council considered a recommendation of the Legislative and Finance Committee for the adoption of a water connection fee of $2,300 for the Fox Hall Drive Water Main Extension Project and a sewer connection fee of $3,183 for the Fox Hall Drive Sewer Main Extension Project, amortizing the connection fees over a ten (10) year period at an interest rate of 6.25%. It was noted that the property located at 112 Fox Hall Drive is excluded from these fees since an easement across this property was granted to allow the construction of the infrastructure. After much discussion regarding the lien process, members tabled the matter to allow for further clarification and review by staff.
Mr. Salters moved to remove the item from the table, seconded by Mr. McGlumphy and unanimously carried.
Members were advised that the State Statute provides for a Notice of Lien to be effective for three (3) years, with a one-time renewal, allowing the City to maintain its priority status for only six (6) years. Staff recommended that Council pursue a change in the State legislation that would provide a ten (10) year payment period for City liens. Until such legislation is enacted, staff recommended that the payment period for all liens of the City should not exceed six (6) years.
It was noted that a letter was submitted by City Solicitor Rodriguez regarding the Fox Hall Drive Water and Sewer Main Extension Project (Exhibit 1). City Solicitor Rodriguez recommended that the current statute, 25 Del. C. §2901, be utilized to record the liens for these properties outside of the City limits. This would require a standard procedure and forms for processing the liens to be established then filing the continuation of the lien after the first three (3) years in order to have a total lien effective for six (6) years.
With regards to the Fox Hall Drive water and sewer connection fees, members were advised that a loan in the amount of $5,483, at an interest rate of 6.25%, for a six (6) year payback period would require a monthly loan payment in the amount of $91.52 compared to $61.56 for a 10 year payback period.
Mr. Salters moved for acceptance of the recommendation of the City Solicitor to utilize a payback period of six (6) years for the Fox Hall Drive Water and Sewer Main Extension Project and that action be taken to request the General Assembly to amend 25 Del. C. §2901 to provide for a ten (10) year effective date for liens. The motion was seconded by Mr. McGlumphy.
Responding to Mr. Ritter, Mr. DePrima explained that although the payback period can be extended for ten (10) years, the City lien, after six (6) years, would not be considered a priority lien. He stated that the City’s funds for a lien beyond six (6) years would be secured only after other liens that have priority, such as mortgages, taxes, etc. Currently, the State Statute will provide for the City to have a first position lien for only six (6) years.
Concurring, Mr. William Pepper, Deputy City Solicitor, further explained that although the City could place a lien on the property beyond six (6) years, after six (6) years, the City would lose its priority.
Mr. Salters stated that the motion included a request for the General Assembly to amend legislation that would provide for a ten (10) year lien.
Mr. Ruane stated that although the motion included the City’s desire to pursue a change in legislation that would provide for a ten (10) year payment period for City liens, he suggested that for a better understanding, a separate motion be made to that extent and another for the recommendation provided by staff with regards to the Fox Hall Drive Water and Sewer Main Extension Project.
Having no objections, Mr. Salters moved to amend the motion to exclude staff’s recommendation for approval of a six (6) year payback period for the Fox Hall Drive Connection Fees. The motion was seconded by Mr. Ruane.
Mr. McGlumphy withdrew his second to the original main motion. City Clerk Office Note: Since there was no further second, the main motion is considered withdrawn and no further disposition of a subsidiary motion, such as an amendment, is necessary.
Mr. Ruane noted that it has been requested that legislation be pursued that would provide for a ten (10) year payment period for City liens. He felt that the issue was a separate matter that needed to be resolved.
There being much confusion, Council President Carey suggested that separate motions be made rather than combining the action regarding the connection fees for the Fox Hall Drive Water and Sewer Main Extension Project and the request of the General Assembly to amend 25 Del. C. §2901 to provide for a ten (10) year effective date for liens.
Mr. Salters moved for the adoption of a water connection fee of $2,300 for the Fox Hall Drive Water Main Extension Project and a sewer connection fee of $3,183 for the Fox Hall Drive Sewer Main Extension Project, amortizing the connection fees over a six (6) year period at an interest rate of 6.25%, with the stipulation that the property located at 112 Fox Hall Drive be excluded from these fees since an easement across this property was granted to allow the construction of the infrastructure. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Speed absent).
Mr. Salters moved that the City pursue a change in legislation that would provide for a ten (10) year payment period for City liens by extending the lien period up to ten (10) years. The motion was seconded by Mr. Ruane and unanimously carried.
PAS COMPENSATION AND CLASSIFICATION STUDY
Mr. McGlumphy relayed concern that the PAS Compensation and Classification Study has not been made available on the City’s Web Site. Responding, Mr. DePrima stated that staff has been working with the consultants to get this resolved. Apparently, there are technical difficulties because this document is not a text document and includes various tables, data, etc. and they are having difficulty converting the document into a PDF format, which is common for use on Web Sites. Mr. DePrima assured members that staff will continue to work towards making this document available and will keep members abreast of this matter. He also advised members that copies of the Study are available at the library for review.
Mr. McGlumphy requested that a date certain be set for discussion of the PAS Compensation and Classification Study and that it be held within the next month, on or before March 10th, and that it be discussed in an open forum. Mr. Ritter suggested that the meeting be scheduled once the document has been made available to the public for at least one week. Council President Carey assured members that he will work with the City Clerk in scheduling the meeting for review of the PAS Compensation and Classification Study.
Mrs. Williams moved for adjournment, seconded by Mr. Truitt and unanimously carried.
Meeting Adjourned at 8:12 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of February 10, 2003, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20032-10-2003.wpd
Exhibit Attached to Original Minutes and File Copy
Exhibit #1 - Letter from City Solicitor Rodriguez dated January 30, 2003