REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 28, 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 City Solicitor Rodriguez.
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. Salters requested the addition of item #2C - Consideration of Grant/Increase in Authorized Strength - Police Department. Mr. Speed questioned the urgency and need in adding this item since it will not become effective until July 1, 2003. It was his feeling that this item could be handled through the normal process, considering that this item was presented to the Legislative and Finance Committee earlier this evening and a recommendation will be presented to Council during their Regular Meeting on November 12, 2002. Mr. Speed explained his reluctance in presenting matters to Council directly from the Council Committee’s Meeting without a justifiable reason, explaining that the normal process allows for public knowledge and input prior to Council’s final action.
Responding, Mayor Hutchison explained the process required in hiring police officers. He stated that it is a very lengthy process that entails a written test, screening, background checks, psychological testing, etc. In order for the City to select a class of four (4) officers to begin employment in July, the process must begin immediately. Mayor Hutchison stated that although the process will begin now, the increase in personnel will not occur until July 2003.
Mr. Speed explained his understanding that the hiring process has already begun and reiterated his feeling that the delay of Council approval for two (2) weeks will not prevent the process from continuing.
Mayor Hutchison relayed hesitation to continue with the process at this point unless the Chief of Police is assured of Council’s approval. He advised members that there are no costs involved and minimal staff time in requiring candidates to take the written tests; however, staff time and funds are required to perform background checks and psychological testing of individuals, which are the next steps in this process.
Although he supports this matter, Mr. Speed explained his opposition is for moving forward and adding the item to the agenda rather than waiting the two (2) week period. He stated that unless a matter is critical, no items should be added to the Council agenda, feeling that it circumvents the public process of the decisions made by Council.
Mr. Salters moved to add item #2C - Consideration of Grant/Increase in Authorized Strength - Police Department, seconded by Mr. Truitt.
Responding to Mr. McGlumphy, Chief Horvath questioned Captain Kurtz on the dates for the Oral Board Examinations. Captain Kurtz indicated that the Oral Board Examinations are scheduled to begin November 12, 2002. Chief Horvath explained that this is the next phase of the hiring process where all applicants are brought before a Board consisting of three (3) officers. It is a very time consuming process due it’s nature and the matter is considered critical since it is based on ones perspective. It was his feeling that this is a critical matter since he would not want to waste officer’s time to perform these examinations if it is not absolute that the approval of the increase in officers will be authorized by Council.
The motion to add item #2C - Consideration of Grant/Increase in Authorized Strength - Police Department, was carried by a roll call vote of six (6) yes, three (3) no (Mr. Ritter, Mr. Pitts, and Mr. Speed).
Mr. Salters alluded to the concern raised by Mr. Speed and suggested that the matter of adding items to the Council agenda directly from the Council Committees be further considered by members in another forum.
Mrs. Williams moved for approval of the agenda, as amended, seconded by Mr. Truitt and carried with Mr. Ritter, Mr. Pitts, and Mr. Speed voting no.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF OCTOBER 7, 2002
The Minutes of the Special Council Meeting of October 7, 2002 were unanimously approved by motion of Mr. Salters, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 14, 2002
The Minutes of the Regular Council Meeting of October 14, 2002 were unanimously approved by motion of Mr. Salters, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 14, 2002 with Chairman Salters presiding.
Evaluation of Bids - 2003 Sewer Cleaner Truck
As detailed in the FY 2003 Operating Budget and the 2003-2007 Capital Investments Plan, the Department of Public Works requested permission to solicit bids for the purchase of one (1) new Sewer Cleaner with a mounted jetting system. The estimated cost was $90,000 based on a vendor quote. The Sewer Cleaner is used on a daily basis to clean and maintain the gravity sanitary sewer system by washing grit, grease, and any other debris found in the system to locations where the debris can be easily removed. This truck will replace vehicle #691, a 1989 International Sewer Cleaner, which has reached the end of its service life and requires extensive repairs to the chassis and jetting system. The existing vehicle will be sold at the 2003 City Auction. Bids were solicited and received as follows:
Company Model Bid Amount
Mid Atlantic Waste Systems, Easton, MD Seca Acterra w/ Sterling Chassis $122,492
Atlantic Machinery, Inc., Silver Spring, MD SRECO HV2060 w/ Sterling Chassis $121,299
Staff reviewed both bids and determined that the Seca Acterra Model is a superior product since the rear mounted hose reel provided with the unit is retractable for storage within the heated rear storage compartment. The SRECO model does not have a retractable hose reel and the rear storage compartment is not heated. Since the bids were higher than the estimated amount, Council approval is required according to the City purchasing policy.
Funding for this purchase is identified on page 108 of the 2003-2007 Capital Investments Plan and on page 398 of the FY 2003 Annual Operating Budget in the amount of $90,000. Since the recommended purchase is $32,492 higher than estimated, staff proposed to transfer $32,492 from the Meter Reading Technology Upgrade Project. The FY 2003 budget for the project is $100,000 ($50,000 from the Water Fund and $50,000 from the Sewer Fund). The proposal will reduce the budget to $67,508 ($50,000 from the Water Fund and $17,508 from the Sewer Fund) in FY 2003. However, to keep spending to the 50/50 ratio between funds, expenditures will be capped at $35,016 unless additional dollars are transferred back into the program from other capital projects that come in under budget.
Staff recommended issuance of a purchase order to Mid Atlantic Waste Systems, Easton, Maryland, in the amount of $122,492 for the purchase of one (1) Sewer Cleaner, as detailed in the bid documents submitted by the vendor.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved to authorize the issuance of a purchase order to Mid Atlantic Waste systems, in the amount of $122,492, for the purchase of one (1) Sewer Cleaner, as recommended by the committee. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Set Time and Date Certain for Discussion of the PAS Organizational Study
Members considered a request of Mr. McGlumphy that a time and date be set for the discussion of the PAS Organization Study. He suggested that a meeting should be held within the next month, that all members of Council should be present, and the discussion should take place during a public meeting. It was the feeling of several members that Department Heads should also be present for the discussion.
The committee recommended that Council President Carey, along with Mrs. Green, City Clerk, set a date and time certain within the next month to discuss the PAS Organizational Study in a public forum.
Mr. Salters reported that a meeting has been scheduled for November 4, 2002 from 4:30 p.m. to 6:30 p.m. to discuss the PAS Organizational Study as well as the Vision and Mission Statement for the City. No further action was taken.
Consideration of Grant/Increase in Authorized Strength - Police Department
During the committee meeting held earlier this evening, members considered a request to increase the authorized strength of the Police Department. The Dover Police Department has been awarded a $300,000 COPS Grant for four (4) additional police officers. The COPS Grant requires that the City maintain the officers at the conclusion of the three (3) year grant period; therefore, staff is requesting that the authorized strength be increased from 81 to 85.
Members were provided information on the costs associated with adding the officers, including future increases, pension contributions, health insurance, and workman’s compensation, and a comparison of the authorized strength of other departments. Chief Horvath noted that the grant will save the City $150,000 in the first year, $100,000 in the second year, and $50,000 in the third year.
Mr. McGlumphy reminded members that, due to the cost factors associated with salaries and benefits in all departments, they will have to prioritize where money will be spent. He stated that he supports the proposal, feeling that there are enforcement issues which need to be addressed.
Mr. Pitts, noting that taxes have not increased in at least 10 (ten) years, stated that a tax increase may be necessary in order to provide the necessary services. It was Mr. Truitt’s feeling that their main concern should be for the safety of the citizens.
Mr. Ruane recommended that Chief Horvath, using either the Bartell Manpower Formula or the Equal Patrol Density Formula, should begin assembling the data to present a longer range staffing plan. He suggested that it include information on the average time that it takes to investigate a serious felony, misdemeanor, or traffic accident. How long officer’s spend responding to 911 calls, serving warrants, conducting community police programs, and how much time should be unobligated.
Mr. Ritter stated that he would like to see one of the officer’s utilized as a park ranger. Mr. DePrima stated that he met with the Police Chief and Mr. Carter, Parks and Recreation Director, and they developed three (3) scenarios for park security. He indicated that they would be obtaining pricing information on the security options.
The committee recommended approval of staff’s recommendation to increase the authorized strength for the City of Dover Police Department, effective July 1, 2003, from 81 officers to 85 officers.
Mr. Ruane reiterated the City’s responsibility to obtain a source of revenue or a cost savings to provide for these additional costs and directed that staff be cognizant of this matter during budget preparation. He also alluded to formulas used by Police Departments in determining staffing patterns and suggested that, for planning purposes, staff begin accumulating the necessary data or determine what those components are to determine what the City’s public safety needs are so that there is substantial basis for future requests of the Police Department.
Mr. Truitt reminded members that $300,000 grant money has been awarded the City for the next three (3) years for these additional officers.
Mr. Pitts explained that his opposition to adding this item to the agenda was with regards to circumventing the process, especially considering that it could eventually result in a tax increase; however, it should not be construed as opposition to increasing the authorized strength for the Police Department.
Mr. McGlumphy felt that before the public is requested to provide additional monies, it is Council’s obligation to assure that all means of acquiring the necessary funds have been considered and prioritize items in accordance with the desires of the public, staff, and Council. If safety is a priority for the public, then Council must look at all revenues; however, he reiterated that members should “tighten the belt” before proposing an increase in taxes.
Mr. Ritter indicated his concurrence with Mr. Pitts and Mr. McGlumphy. He also relayed concern with adding items to the agenda and requested a legal opinion in this regard. (Note: Legal Opinion - Exhibit #1).
Mr. Salters moved for approval of the committee’s recommendation to increase the authorized strength for the Police Department from 81 to 85 officers, to become effective July 1, 2003. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 22, 2002 with Chairman Ruane presiding.
Public Hearing on Rate Filing by Comcast Cablevision, Inc.
On July 31, 2002, Comcast Cablevision filed Federal Communications Commission (FCC) Form 1240, Updating Maximum Permitted Rates for Regulated Cable Services, and Form 1205, Determining Regulated Equipment and Installation Costs with the City of Dover. The City has ninety (90) days to act on the forms, which were provided to members.
Comcast noted that, since the last increase in the Limited Basic Service occurred on July 2, 2002, the earliest date that another increase may occur is July 1, 2003. Since the maximum permitted rates are greater than their current rates, they may choose to increase the rates at a later date. Comcast has indicated that they will be adjusting the rates on regulated home viewing equipment effective November 1, 2002, as follows:
Equipment Current Rate New Rate Change
Addressable converter $1.72 $2.23 $0.51
Non-addressable converter 0.43 0.34 (0.09)
Remote control 0.22 0.28 0.06
Digital equipment 1.94 2.51 0.57
During the committee meeting, Mr. R. Thomas Worley, Area Director of Government Relations and Public Affairs, stated that the changes conform to the FCC Form 1205 filing and are based on the amortized value of equipment inventory as of November 1, 2002 and reflect Comcast’s continuing efforts to introduce new equipment for the convenience of their customers.
Mr. Ruane reported that during the public hearing, Mr. John Cuomo, 514 Westwood Drive, questioned why the franchise fees were passed on to the customers instead of being absorbed by the City or Comcast. Responding, Mrs. Mitchell stated that the government regulation allows Comcast to pass on the 5% franchise fee to the customer. She noted that the fee is for managing the franchise and maintaining the rights-of-way.
The committee recommended acceptance of Form 1240 - Basic Cable Service Rate and Form 1205 - Equipment Installation and Service Charge, as presented by Comcast.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and unanimously carried.
Mr. Speed moved for acceptance of the Utility Committee Report, seconded by Mr. McGlumphy and unanimously carried.
MONTHLY REPORTS - SEPTEMBER 2002
By motion of Mr. McGlumphy, seconded by Mr. Truitt, 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
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION
The Robbins Hose Company election is scheduled for November 18, 2002. The following persons have been recommended to serve as judges for the election:
1. John Raughley 2. Harry Hayes 3. Carleton Dill (Alternate)
Mr. McGlumphy moved for approval of the appointment of judges for the Robbins Hose Company election as recommended, seconded by Mr. Speed and unanimously carried.
REZONING REQUEST/FIRST READING - 1132 SOUTH LITTLE CREEK ROAD
A request was received to rezone property located at 1132 South Little Creek Road, owned by Chester l. and Joycelyn C. Wallack. The property is currently zoned M (Manufacturing) and the requested zoning is C-3 (Service Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Speed, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission on November 18, 2002 and set a public hearing for December 9, 2002 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1132 SOUTH LITTLE CREEK ROAD.
REZONING REQUEST/FIRST READING - MULTIPLE PARCELS LOCATED ON THE EAST SIDE OF WYOMING MILL ROAD
A request was received to rezone multiple parcels, totaling 34.0886 acres, located on the east side of Wyoming Mill Road, 3,250 feet south of Hazlettville Road, owned by Eileen E. Lockwood. The property is currently zoned R-20 (One Family Residence) and the requested zoning is R-10 (One Family Residence).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Speed, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission on November 18, 2002 and set a public hearing for December 9, 2002 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF MULTIPLE PARCELS TOTALING 34.0886 ACRES OF LAND LOCATED ON THE EAST SIDE OF WYOMING MILL ROAD, APPROXIMATELY 3,250 FEET SOUTH OF HAZLETTVILLE ROAD.
Mr. Speed moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:17 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 28, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2002\10-28-2002.min.wpd
Exhibit Attached to Original Minutes and File Copy
Exhibit #1 - Legal Opinion - Agenda Additions