REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 25, 2002 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. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Ms. Melson, Mrs. Green, and Deputy City Solicitor Pepper.
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. DePrima requested the addition of item #8, Proposal - Seating at the Dais. Mr. McGlumphy moved for approval of the agenda, as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 12, 2002
The Minutes of the Regular Council Meeting of November 12, 2002 were unanimously approved by motion of Mr. Speed, seconded by Mr. McGlumphy and bore the written approval of Mayor Hutchison.
PUBLIC HEARING/FIRST READING - RECONSIDERATION OF REZONING - 835 BAY ROAD, OWNED BY AMERICAN LEGION (WALTER L. FOX POST NO. 2) AND STATE OF DELAWARE
Mr. Speed moved to waive the reading of the proposed ordinance before Council, seconded by Mr. McGlumphy and unanimously carried. Council President Carey reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of December 9, 2002.
In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council.
Members were reminded that during their Regular Meeting of September 10, 2001, City Council approved the rezoning of property located at 835 Bay Road from C-4 (Highway Commercial) to SC-3 (Regional Shopping Center). The property is currently owned by the American Legion (Walter L. Fox Post No. 2) and the State of Delaware. At the time of the initial rezoning request, the equitable owner was Blue Hen Venture, LLC.
A letter was received from Mr. Gregory Moore, Vice President of Becker Morgan Group, on behalf of the applicant (Blue Hen Venture, LLC), indicating that an extension of the SC-3 zoning classification is not being requested.
Ms. Melson reported that the Planning Office has not received any applications for the redevelopment of the subject property; however, they are aware of ongoing discussions involving potential relocation of the existing facility on the site. She also advised members that the land immediately north and east of this property (811 Bay Road) was rezoned from C-4 and IPM (Industrial Park Manufacturing) to SC-3 in 2001. City Council reconsidered this rezoning application on April 23, 2001 approving a one year extension to expire April 23, 2002. City Council considered a second extension to the rezoning request at their meeting of April 22, 2002 and approved an extension to expire April 22, 2003.
Council President Carey declared the public hearing open. There being no one present wishing to speak at the public hearing, Council President Carey declared the public hearing closed.
Mr. Ruane moved to revert the rezoning of property located at 835 Bay Road from SC-3 to C-4 and for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Salters and unanimously carried:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 835 BAY ROAD.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2003 FIRE LINE OFFICERS
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. During the November 4, 2002 Regular Monthly Meeting, members of the Robbins Hose Company No. 1 nominated and elected, by Secretary’s Ballot, the following to serve as Fire Line Officers for the Year 2003, for Council consideration:
Fire Chief - Brian F. Bashista
Deputy Fire Chief - Charles H. Boyer
First Assistant Chief - Robert J. Whedbee
Second Assistant Chief - John A. McCoy
Third Assistant Chief - David C. Carey
Fourth Assistant Chief - William C. Triesler
First Fire Line Captain - John L. LeCompte III
Second Fire Line Captain - William R. Staats, Jr.
Mr. McGlumphy moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2003 as submitted. The motion was seconded by Mr. Speed and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 12, 2002 with Chairman Salters presiding.
Review of Financial Policies
Members were provided the revised City of Dover Financial Policies with additions noted in italics and deletions noted with strikeouts. Mrs. Mitchell, Finance Director, briefly highlighted the proposed changes.
The committee recommended approval of the Financial Policies, as revised.
Mr. McGlumphy moved for approval of the committee’s recommendation by consent agenda (Exhibit #1 - Financial Policy), seconded by Mr. Pitts and unanimously carried.
Proposed Amendments - Purchasing Policy
Members were provided the revised City of Dover Purchasing Policy with additions noted in italics and deletions noted with strikeout. Mrs. Mitchell briefly highlighted the proposed changes.
The committee recommended approval of the Purchasing Policy, as revised.
Mr. McGlumphy moved for approval of the committee’s recommendation by consent agenda (Exhibit #2 - Purchasing Policy), seconded by Mr. Pitts and unanimously carried.
Proposed Policy - Delinquent Tax Accounts
During their meeting of October 28, 2002, members suggested that the City Assessor develop a written policy for the collection of delinquent property tax accounts. Mr. Cooper, Tax Assessor, briefly explained the proposed policy, noting that it formalizes the current practice for collecting unpaid property taxes.
It was Mr. Speed’s feeling that the policy presented was a report on the procedure followed. He did not think the implementation of a policy should be approved or disapproved by Council. Mr. Speed recommended accepting it as a report rather than a policy.
The committee recommended approval of the Delinquent Property Tax Accounts Policy as presented.
Mr. McGlumphy moved for approval of the committee’s recommendation by consent agenda (Exhibit #3 - Delinquent Property Tax Accounts Policy), seconded by Mr. Pitts and unanimously carried.
Evaluation of Bids - 2002 Underground Wire Puller (S&R Air Duct Dawg)
The underground line crews of the Electric Transmission and Distribution Division use the Air Duct Dawg (Underground Wire Puller) for pulling underground conductors. This equipment was included in the Vehicle Replacements Section on page 106 of the Capital Investments Plan. Staff recommended purchasing a 7,500 lb. capacity self-contained underground puller with 175 CFM compressor, complete with a 2,000 ft., 3/8" diameter wire rope and hose reel with 50 ft., 3/4" heavy duty air hose retractable reel. Staff proposed trading in two (2) units: one (1) 1993 Sherman & Reilly Under Dawg and one (1) 2000 Sherman & Reilly Duct Dawg.
The low bid was received from Sherman & Reilly in the amount of $72,000, with a trade-in allowance of $28,000, for a total cost of $44,000. It was noted that Sherman & Reilly agreed to deduct a $9,000 air blowing kit which is not needed at this time, bringing the final price down to $35,000.
Staff recommended issuing a purchase order to Sherman & Reilly, in the amount of $35,000, for the purchase of a 2002 S&R Air Duct Dawg, as specified, and that one (1) 1993 Sherman & Reilly Under Dawg and one (1) 2000 Sherman & Reilly Duct Dawg be traded in for the purchase.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Evaluation of Bids - Cooper Road Water Main Extension (Materials Only)
The Department of Public Works proposes to extend the City's water distribution system approximately 500 linear feet south on South State Street and westerly along Cooper Road by approximately 2,000 linear feet, as detailed on page 87 of the 2003-2007 Capital Investments Plan. This project will interconnect the City's water distribution system with Woodbrook Road and McDaniel Drive, in addition to expanding the City's ability to serve new customers along South State Street. Construction of the water main extension will be completed by the Construction Division of the Department of Public Works. Bids for materials necessary to construct the improvements were solicited with the low bid received from Dover Plumbing Supply, Dover, in the amount of $33,130.95.
Staff recommended awarding a purchase order to Dover Plumbing Supply Co. in the amount of $33,190.95 for the purchase of the necessary material to construct the Cooper Road Water Main Extension.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Evaluation of Bids - Meter Reading Technology Upgrade Project
In conjunction with the City's effort to improve the efficiency of it’s Water & Wastewater utility, the Department of Public Works prepared technical specifications to procure the necessary equipment to upgrade the current meter reading system to an automated meter reading system which uses radio frequency communication technology. The goal of the project is to reduce water meter reading costs, improve meter reader safety, eliminate estimated meter readings, and reduce the chances of customer billing errors. All units will be installed by Water/Wastewater staff. The specification package requested unit prices on an as-needed basis, based on an estimated usage of 200 Sensus/Invensys Remote ERT’s to be installed at locations where the existing water meter is located inside of a building and 600 Sensus/Invensys Pit ERT’s to be installed at locations where the water meter is located outside of the building in a meter pit. The specification package was publicly advertised, in addition to being mailed to specific vendors. This equipment is not available through State contract.
Bids were requested and one (1) bid was received from Computer Software, Inc., Chalfont, Pennsylvania as follows:
200 Sensus/Invensys Remote ERT’s - $66.75 per Inside ERT*
600 Sensus/Invensys Pit ERT’s - $96.00 per Pit ERT*
*Requires order to be in 100-unit blocks
Staff recommended awarding a purchase order to Computer Software, Inc. in the amount of $96.00 per Pit ERT and $66.75 per Inside ERT, not to exceed budget amounts as approved or amended in accordance with the Financial Policy.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Evaluation of Bids - Loockerman Street & Millennium Park Brick Paver Project
In conjunction with the City's effort to improve the Downtown Business District and with requests from Wesley United Methodist Church and the Millennium Fountain Committee, various legislators agreed to fund brick sidewalks on the south side of The Plaza and around the Millennium Fountain using their discretionary Community Transportation Fund money. The Department of Public Works prepared plans and specifications to remove approximately 4,900 square feet of existing concrete sidewalk. Once the concrete is removed, new brick pavers will be installed to continue the Constitution Place theme along the south side of Loockerman Street and the west side of Federal Street over to North Street. In addition, this project will install brick pavers around the Millennium Fountain. Overall, approximately 5,300 square feet of pavers will be installed. Members were provided a plan identifying the areas of the proposed construction. Bids were solicited with the low bid received from the Brick Doctor, Inc. Dover, in the amount of $55,442.70.
Since area legislators are providing 100% of the funding for these projects from their Community Transportation Fund and the low bid was significantly below the project estimate, the Department of Public Works intends to expand the quantity of work to include sidewalks on the north side of Loockerman Street from State Street to the entrance of PNC Bank. The Department will work within the requirements of the City's purchasing policy to extend this project.
Staff recommended awarding a purchase order to The Brick Doctor, Inc. in the amount of $55,442.70, with the understanding that the Department of Public Works may expand the scope of work using the unit prices in the low bid to include areas on the north side of Loockerman Street or re-bid the extension, whichever is determined to be most cost effective.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Speed and unanimously carried.
MONTHLY REPORTS - OCTOBER 2002
By motion of Mr. McGlumphy, seconded by Mr. Ruane, the following monthly reports were unanimously accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager’s Report
Mayor’s Report
Planning and Inspections Report
ROJAN MEADOWS SUBDIVISION - PLANNED NEIGHBORHOOD DESIGN CONCEPTUAL REVIEW
The Planning Office has received a proposal to establish a planned neighborhood development (Rojan Meadows Subdivision) on 38.75 +/- acres of land. The subject property is located on the south side of North Little Creek Road across from the end of the SR-1 off ramp. The owner of record is Aerlaw, Inc. The property is zoned RM-1 (Medium Density Residential) and subject to the AEOZ (Airport Environs Overlay Zone). The proposal includes the construction of a development consisting of 22 duplexes, 91 townhouses, 4 three-story apartment buildings, and an 11,000 S.F. commercial building. Access to the site would be provided by two (2) connections to North Little Creek Road.
Members were reminded that in accordance with Article 3, Section 24.1.a of the Zoning Code, City Council must determine whether the proposed project is of such a design and type that it warrants further review by the Planning Commission. If it is determined that further review is warranted, then the project shall proceed to the more detailed conditional use review and public hearings before the Planning Commission. The “Planned Neighborhood Design Option” is intended to encourage superior residential environments through a unified planning process by allowing it in nearly all zones through the “conditional use” process.
Ms. Melson explained the proposed project and provided details and sketches depicting the project and its features. The sketch plan reflected general layout of streets, open space, and housing areas and types. She noted that the proposal does not involve the rezoning of land and that the Comprehensive Plan recommends that the property be utilized for Medium Density Residential development. The land would remain zoned RM-1, which allows for single family dwellings, one family lot line dwellings, duplexes, multiplex dwellings, townhouses and rooming houses with a gross residential density of six (6) dwelling units per acre. The Planned Neighborhood Design Option allows for a greater variety of housing types and allows for commercial uses while requiring 25% open space. For these reasons, the Planning Office recommended that the Conceptual Plan for the Rojan Meadows Subdivision be forwarded to the Planning Commission for further review and consideration through the Conditional Use process. Ms. Melson reminded members that if Council chooses to forward the proposal to the Planning Commission for further review, it is not intended to represent, nor shall it be construed to mean that the project is approved. The approval authority over Conditional Use applications rests with the Planning Commission.
Mr. Keith Kooker of Landmark Engineering, Inc., 29 S. State Street, advised members that the property is subject to the requirements of the Airport Environs Overlay Zone (AEOZ), and is located within the Noise Zone A and B, and the Accidental Potential Zone II. According to the Land Use Compatibility Table, single, two, and multi-family residential uses are permitted in Noise Zones A and B. Single family dwellings are the only residential use type permitted in the APZ II. The location of the commercial development site within the APZ II will limit the type of non-residential uses. As a result of these requirements, Mr. Kooker stated that the site is severely limited in terms of developable area; however, they can very easily meet the 25% open space requirement.
Responding to Mr. Ruane, Mr. Andrew Anderson, representative of Aerlaw, Inc., stated that they are developers, not builders. There have been conversations with builders who have expressed an interest in the project and are familiar with the noise issues and how they need to be addressed in the construction of the buildings. Ms. Melson indicated that the zoning classification of AEOZ will be required to appear on the site plan and that although they would have access to the information, potential homeowners would not necessarily be provided the information unless done so by the seller of the property. It was her feeling that it would be beneficial for the seller to disclose all the potential deed and other restrictions that may affect the property.
Mr. Ruane suggested that the Planning Commission consider, if legally permissible, to make full disclosure of the property known regarding the noise issues at the time of a purchase.
Mr. Speed noted that the plan proposes “Polly Street” to be one way and relayed concern that attempts will be made to turn off of Teal Street onto Polly Street. If this proposal remains throughout the review process, he suggested that curbing be installed in such a way that it would be difficult to make the turn off of Teal Street onto Polly Street.
Mr. Truitt moved to refer the Rojan Meadows Subdivision - Planned Neighborhood Design Conceptual Review to the Planning Commission as recommended by staff. The motion was seconded Mr. Pitts and unanimously carried.
FINAL READINGS - PROPOSED ORDINANCES
The First Readings of the following proposed ordinances were accomplished during the Council Meeting of November 12, 2002.
Repair Assessment - 128 Spruance Road - Francis A. Winsley
Mr. Speed moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF REPAIRS MADE TO A BUILDING LOCATED ON PROPERTY AT 128 SPRUANCE ROAD
WHEREAS, in accordance with Section 5-90, City Council is authorized to order repairs of any building found to be dangerous; and
WHEREAS, the City Council has caused repairs to a dangerous building located at 128 Spruance Road; and
WHEREAS, City Council shall cause the costs of such repairs to be charged against the land on which the building exists as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is levied against the property owner of 128 Spruance Road, where the dangerous building existed, at a cost of $8,344.51 for repairs of said dangerous building.
2. This assessment shall be a lien against said property and shall forthwith be entered in the Municipal Lien Docket.
3. This assessment shall be paid within a one and one-half (1½) year period from the date or enactment of the assessment and levied at the rate of 6.25% per annum on the unpaid balance of each assessment. The assessments plus accrued interest at the date of payment may be paid in full at any time during the one and one-half (1½) year period. If the assessments are paid in full within sixty days from date of enactment of the assessments and levies then all interest charges shall be waived and only the original amount of the assessment shall be paid.
ADOPTED: NOVEMBER 25, 2002
Chapter 1 - General Provisions, Section 1-13 - Denial of Permits or Approvals for Failure to Comply with Requirements for Payment, Actions, or Filings
Mr. Speed moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Ruane moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code, Chapter 1, General Provisions, is amended by adding a new Section to be designated Sec. 1-13, to read as follows:
Sec. 1-13. Denial of Permits or Approvals for Failure to Comply with Requirements for Payment, Actions, or Filings
Prior to any administrative agency or official of the City of Dover charged with evaluation and approval of any permit required so that (1) a legal or equitable owner of real property located in the City of Dover may utilize City services or (2) otherwise involve the City of Dover officers, agents, or employees to permit any use of such real property, approving or issuing any permit or other indication of approval, that administrative agency or official shall make reasonable effort to determine that no payments, actions, or filings related to obligations due to or requirements by the City of Dover for the use of that parcel or any other parcel of real property remain incomplete or in violation of the City of Dover requirements. If any such noncomplying or incomplete payments, actions, or filings are determined to exist then the administrative agency or official shall in writing deny the permit or other form of approval until such existing requirement for payment, action, or filing has been fully complied with or completed as to that parcel, identifying in that written denial the payment, action, or filing to be completed or complied with. Failure by the appropriate administrative agency or official to issue such written denial within five (5) working days from receipt of application shall enable the applicant to have the application reviewed without consideration of the requirements of this section.
Any applicant for a permit or other form of approval who receives the aforesaid written denial of a permit or other form of approval by an administrative agency or official of the City of Dover may appeal that denial to the City Council of the City of Dover within 20 calendar days of such denial. The City Council of the City of Dover or its designee, shall thereafter hold a hearing wherein said applicant shall be permitted to give evidence that such payment, action or filing has been properly carried out, or otherwise show that such denial is not lawful as to that applicant.
ADOPTED: NOVEMBER 25, 2002
PROPOSAL - SEATING ARRANGEMENTS AT THE DAIS (COUNCIL CHAMBERS)
During the Council Workshop Meeting on November 18, 2002, members authorized staff to develop a proposal to provide a seat for the Mayor at the Dais. As a result, Mr. DePrima developed a proposal and provided a diagram depicting a plan to expand the top pier, by adding two (2) additional seats, for the Mayor and the City Manager. Since the City Manager would move from the bottom pier to the top, this would provide an additional seat for the Fire Chief, which was discussed during previous Council Retreat Sessions. Mr. DePrima explained that the costs for the proposal would be minimal, to be accomplished by City staff, and if approved, the work would be completed during the holidays.
Mr. McGlumphy felt that the intent of Council was to simply provide a seat for the Mayor at the Dais and suggested that without incurring additional costs, this could be accomplished by having the Mayor replace the Police Chief on the Dais.
Mr. Ruane moved to accept the proposal for providing the Mayor and Fire Chief a seat on the Dais as recommended by the City Manager. The motion was seconded by Mrs. Williams and carried by a roll call vote of five (5) yes and four (4) no (Mr. Ritter, Mr. Pitts, Mr. Truitt, and Mr. McGlumphy).
Mr. Ruane moved to recess into Executive Session to discuss legal and personnel matters, seconded by Mrs. Williams and unanimously carried.
Meeting Recessed at 8:27 P.M.
Mr. Truitt moved to reconvene the Regular Council Meeting, seconded by Mrs. Williams and unanimously carried.
ARBITRATION OPINION AWARD - IUE, AFL-CIO, LOCAL 315, DOVER ORGANIZATION OF EMPLOYEES
During the executive session, Deputy Solicitor Pepper reviewed the Arbitration Opinion Award involving the IUE, AFL-CIO, Local 315, Dover Organization of Employees with members of City Council.
Mr. McGlumphy moved that the City Solicitor be directed to file an action to vacate the Arbitrator’s Award for the IUE, AFL-CIO, Local 315, Dover Organization of Employee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Speed moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:12 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of November 25, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Financial Policy
Exhibit #2 - Purchasing Policy
Exhibit #3 - Delinquent Property Tax Accounts Policy