REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 12, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Truitt, Mr. McGlumphy, Mr. Speed, and Mr. Ruane. Mrs. Williams and Mr. Salters were absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, 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.
Mr. David Anderson, 217 Cecil Street, provided information pertaining to foreign trade for distribution to Council members for their review and consideration. It was Mr. Anderson’s feeling that imports and exports could potentially provide an economic development opportunity for the City of Dover.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey requested the addition of item #1-A, Charles Carson, Sr. Resolution, and #1-B, Brigadier General Fred Vetter Resolution. Mr. McGlumphy requested the addition of item #8, Evaluation of Bids - Cast Aluminum Poles and Acorn Shaped Luminaires. Mr. Ruane requested the addition of Item #9, Additional Work Request - Downtown Dover Pedestrian Amenities Project. Mr. Speed moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 22, 2002
The Minutes of the Regular Council Meeting of July 22, 2002 were unanimously approved by motion of Mr. Pitts, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
RESOLUTION - CHARLES C. CARSON, SR.
By motion of Mr. Speed, seconded by Mr. Truitt, the following Resolution was unanimously adopted:
WHEREAS, Charles C. Carson, Sr., a respected citizen of the City of Dover, passed away on August 8, 2002, greatly saddening the Mayor and Council and his many friends; and
WHEREAS, Mr. Carson became a resident of Dover upon his arrival as Port Mortuary Inspector at Dover Air Force Base in 1970 - within one year he was promoted to Chief Port Mortuary Officer, a position he held until retiring from Dover Air Force Base in 1996; and
WHEREAS, Mr. Carson justly earned the respect, admiration, and high regard of all whom he came into contact with, and this community has sustained a great loss in his death; and
WHEREAS, we mourn his loss and extend to his wife and family our sincere sympathy in this hour of their deep bereavement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their deepest sympathy to the wife of Charles C. Carson, Sr., Mrs. Virginia Lewis Carson, as well as other family members and friends and hope that they will be consoled by the memories of his fine life and achievements.
2. The Mayor and Council direct the City Clerk of Council to place this Resolution in the permanent records of the City of Dover in recognition of the many contributions graciously given to his community by Mr. Charles C. Carson, Sr.
ADOPTED: AUGUST 12, 2002
RESOLUTION - BRIGADIER GENERAL FRED W. VETTER
By motion of Mr. McGlumphy, seconded by Mr. Speed, the following Resolution was unanimously adopted:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the unexpected death of Retired Brigadier General Fred W. Vetter, who passed away on August 8, 2002; and
WHEREAS, General Vetter was a former commander of the 436th Airlift Wing at Dover Air Force Base and played a vital role in forming the strong relationship that is enjoyed today between the Dover Air Force Base and City of Dover; and
WHEREAS, General Vetter will be respectfully remembered as a leader in the community, serving in numerous capacities with determination and dedication, including serving as the first Secretary of Public Safety for the State of Delaware, as Administrator of the National Highway Safety Administration, and serving as Chairman of the Public Safety Issues Implementation Study Committee, as well as the Dover Recreational Facilities Committee for the City of Dover; and
WHEREAS, he justly earned the respect, admiration, and high regard of all whom he came into contact with, and this community has sustained a great loss in his death.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their regret for the loss of General Fred W. Vetter and extends to the members of his family this expression of sincere sympathy and the hope that they will be consoled by the memories of his fine life and achievements.
2. The Mayor and Council, in recognition of the many contributions graciously given to the community by General Fred W. Vetter, direct the City Clerk to place this Resolution in the permanent records of the City of Dover.
ADOPTED: AUGUST 12, 2002
PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORT
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mrs. Donna Mitchell for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2001. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
Council President Carey presented a plaque to Mrs. Mitchell, Finance Director/Treasurer. Mrs. Mitchell stated that the City has received the award every year since 1985 as the result of the dedication and hard work of the Finance Department staff, along with all other City staff members.
UPDATE BY CHIEF HORVATH - WESLEY COLLEGE AND DELAWARE STATE UNIVERSITY - STUDENT OFF-CAMPUS LIVING POLICY
In an attempt to resolve the concerns presented by the residents of North Governors Avenue during the Open Forum Segment of the Regular Council Meeting of April 22, 2002, Police Chief Horvath advised members that he, Mayor Hutchison, and Mr. Petit de Mange, City Planner, have had two (2) meetings with the administrators of Delaware State University and Wesley College. He noted that both colleges are very eager to work with the City to solve the off-campus problems caused in the past by their students and both colleges have agreed to hold students accountable for their off-campus behavior. Chief Horvath stated that the students will be advised at the beginning of the school year that they will be held accountable by the colleges. Students will also be required to sign for their student handbooks so they cannot deny knowledge of being held accountable by the college administration for off-campus behavior.
The Police Department is currently finalizing a policy with the colleges whereby the college administrators will be notified any time the Police Department has contact with their students in an illegal, off-campus activity. Both colleges are sending letters under Chief Horvath’s signature advising the students that they are expected to abide by the laws of the City and the State and that if they do not, the laws will be enforced.
It was Mr. Ruane’s recollection that the Police Department was going to begin notifying landlords when noise ordinance violations occurred. Chief Horvath stated that the landlord is notified through the Department of Inspections. Mr. Petit de Mange stated that the landlords are required by statute to include in the leases for all rental properties a warning statement that two (2) convictions of loud noise within a three (3) month period would result in an eviction. Chief Horvath stated that if they issue a ticket for loud noise, the college campus will also be notified and they will either warn, suspend, or dismiss the student from the school. Chief Horvath cautioned that noise convictions are hard to obtain unless the person witnessing the loud noise is willing to sign a complaint.
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARING
United Fellowship World Ministries - 139-143 S. Governors Avenue
During the Assessment Appeals Committee Meeting held on June 6, 2002, members considered the request of The United Fellowship World Ministries for exempt status on a property located at 139-143 S. Governors Avenue and for a waiver on the unpaid taxes for 2001-2002 in the amount of $1,167.12. The committee recommended approval of the request for tax exemption for the portion of the property that is used solely by the Church (80%) located at 139-143 S. Governors Avenue, with the remaining 20% of the property being taxed accordingly. The committee also recommended denial of the request for waiver on the unpaid taxes and the Church has agreed to pay them.
The recommendation for approval of the request for tax exempt status was presented to Council on July 22, 2002, at which time the request was granted; however, no action was taken on the committee’s recommendation to deny the request for waiver on the unpaid taxes in the amount of $1,167.12.
Council President Carey declared the public hearing open. There being no one present wishing to speak, the public hearing was closed.
Responding to Mr. Ruane, Mr. Speed stated that the church purchased the property prior to the deadline for applying for a waiver; however, they failed to apply in time.
Mr. Truitt moved for approval of the committee’s recommendation to deny the request of The United Fellowship World Ministries for a waiver on the unpaid taxes for 2001-2002 in the amount of $1,167.12, seconded by Mr. Speed and carried by a unanimous roll call vote (Mrs. Williams and Mr. Salters absent).
Faye L. Bissonnette - 363 Post Boulevard
The Tax Appeals Committee met on July 14, 2002 to reconsider the request of Ms. Faye L. Bissonnette for refund of an overpayment of property taxes for the past ten (10) years for property located at 363 Post Boulevard in the amount of $335.70.
The committee recommended approval of the request of Ms. Bissonnette, with the understanding that payment for the 2002/2003 taxes must be paid appropriately.
Responding to Mr. Ruane, Mr. Cooper stated that it was the City Solicitor’s opinion that approval of the refund would set a precedent. Mr. Carey stated that he was in favor of refunding the overpayment since the Tax Assessor inspected the property when an addition was built on the property in 1992. It was his feeling that the error in the specifications for the home should have been corrected at that time. Mr. Ruane asked Mr. Pepper whether this information would change the solicitor’s legal opinion on this question. Mr. Pepper said it would not.
Council President Carey declared the public hearing open.
Ms. Faye Bissonnette, 363 Post Boulevard, thanked members for considering her appeal and Mr. Cooper for all of his help in the matter. She stated that she called several years ago to discuss the discrepancy; however, no action was taken to correct the problem.
There being no one else present wishing to speak, the public hearing was closed.
Mr. Truitt moved for approval of the committee’s recommendation to grant the request of Ms. Faye L. Bissonnette for refund of an overpayment of property taxes for the past ten (10) years for property located at 363 Post Boulevard in the amount of $335.70, with the understanding that payment for the 2002/2003 taxes must be paid appropriately. The motion was seconded by Mr. Pitts and carried by a roll call vote of five (5) yes, two (2) no (Mr. Speed and Mr. Ruane), and two (2) absent (Mrs. Williams and Mr. Salters absent).
ACKNOWLEDGMENT OF RECEIPT - PUBLIC ADMINISTRATION SERVICE - ORGANIZATIONAL REVIEW REPORT
Members were provided with the Organizational Review Report prepared by the Public Administration Service (PAS).
Mr. McGlumphy moved to acknowledge receipt of the report, seconded by Mr. Speed.
Mr. Ritter stated for the record that he acknowledges receiving the document; however, he does not approve of the document. It was his feeling that the report is not what Council intended and will be another example of City wasted money.
Mr. Ruane stated that he is troubled by much of what is in the report and he would not want the public to interpret “acknowledging receipt” of the report as Council’s approval of the report. He noted that the Classification/Compensation Study is still forthcoming.
Mr. McGlumphy encouraged Council to meet and discuss the report in an open forum immediately to relieve the pressures that might be put on the department heads and the employees.
On a call for the question by Mr. Truitt, the motion to acknowledge receipt of the report was carried by a unanimous roll call vote (Mrs. Williams and Mr. Salters absent).
IBEW CONTRACT AMENDMENTS
The International Brotherhood of Electrical Workers (IBEW) requested the City Manager, Mr. DePrima, to discuss amending Article 25 – Rest Periods so that it would allow bargaining unit employees to combine the two fifteen-minute breaks into a one-half (½) hour lunch period allowing these employees to leave one-half (½) hour early. The proposal was to restore what had been the practice under an unwritten agreement with the former City Manager, Mr. O’Connor. The practice was eliminated when Mr. DePrima was the Interim City Manager in an effort to bring work hours into compliance with bargaining unit agreements during the transition period between City Managers. Mr. DePrima agreed to discuss the issue if, at the same time, certain amendments to Article 7 – Job Posting, Bid Procedures, and Seniority could also be discussed.
As a result of negotiations, the following amendments were developed and approved by the IBEW. Inserted text is noted with bold, italics and deleted text is noted with strikeouts.
Amendment to IBEW Agreement Article 7
Article 7 – Job Posting, Bid Procedures and Seniority
Section 1. When the City determines to fill vacancies in any of the represented positions, the City agrees to post such vacancies in accordance with the City policy and the bargaining agreement. Before making promotions or filling vacancies, the Human Resources Director or his/her designee shall forward copies of the posting to the Union Business Manager.
Employees in the Electrical Department may bid on such vacancies and, where the skill and ability of the candidates is relatively equal in the opinion of the City, preference shall be granted to current members of the Electric Department, by seniority, where the skill and ability of the final candidates is relatively equal.
Section 2. Employees in the Electric Department shall be granted preference and may bid on such vacancies. When filling vacancies from within the Electric Department where the qualifications are sufficient, the vacancy will be filled by seniority. Before making promotions or filling vacancies, the Personnel Manager, or his designee shall forward copies of the postings to the Union Business Manager. In the event that there is no Electric Department bargaining unit employee in the bargaining unit sufficiently qualified to fill the vacancy, the City shall post a notice of the vacancy to all other City employees in accordance with the City policy.
SYNOPSIS
This amendment clarifies the City’s right to determine what sufficient qualifications are for an open position; and when there is more than one bargaining unit employee qualified, the employee with the most seniority will be promoted.
Amendment to IBEW Agreement Article 25
Article 25 – REST PERIODS (BREAK)
The City authorizes two fifteen minute fifteen-minute breaks per normal work day workday. in addition to lunch hour or lunch one-half hour, depending upon the area worked in. These The two fifteen-minute breaks may be taken separately, or combined into a one-half (1/2) hour lunch period. The two fifteen-minute breaks/lunch period should not be abused and must be taken at a time that will not disrupt the operation of the job function. The supervisor shall have the authority to assign a break time if necessary, as well as a lunch period. determine when the break/lunch period is to be taken. During periods of extreme weather conditions, the supervisor may have the discretion of adding up to 30 minutes of unpaid break time to the workday for the purpose of preventing fatigue and minimizing hazardous working conditions. Employees who are “on call” shall remain at the Electric Department as part of the regular workday.
SYNOPSIS
This amendment permits the two paid fifteen-minute breaks permitted in Employee Handbook to be combined into a half-hour lunch period that would normally be used for the permitted thirty-minute unpaid lunch break. The effect would be to maintain a consistent eight-hour workday but allow the employee to take the thirty-minute unpaid break at the end of the workday effectively allowing the employee to leave thirty minutes earlier. The agreement provides the right of the supervisor to add up to an additional thirty-minute unpaid break for the purpose of preventing fatigue or hazardous working conditions during extreme weather. It also requires the on-call crews to remain an additional 30 minutes in the Department (the regular workday) so that no additional overtime or on-call pay is added.
Staff recommended authorizing the City Manager to sign amendments to the current agreement between the City of Dover and the IBEW amending Article 7 and Article 25 in accordance with the proposals.
Responding to Mr. Ruane, Mr. DePrima stated that the proposal was presented to the IBEW as a package and; therefore, should be discussed and voted on together.
Mr. Ruane moved to discuss the items separately, seconded by Mr. Truitt. The motion failed by a roll call vote of five (5) no, two (2) yes (Mr. Truitt and Mr. Ruane), and two (2) absent (Mrs. Williams and Mr. Salters).
Mr. Pitts moved to deny the recommendation to authorize the City Manager to sign amendments to the current agreement between the City of Dover and the IBEW amending Article 7 and Article 25 in accordance with the proposals, seconded by Mr. Ruane and carried by a roll call vote of five (5) yes, two (2) no (Mr. Speed and Mr. Carey), and two (2) absent (Mrs. Williams and Mr. Salters).
ANNEXATION/REZONING REQUEST - FIRST READING
A request was received for annexation and rezoning of property located at the southeasterly corner of the intersection of US Route 13 and Scarborough Road (SR 1 Interchange) containing approximately 19.328 acres, owned by Wilmington College, Inc. Staff recommended that the request be referred to the Planning Commission on August 19, 2002, the Utility Committee on August 26, 2002, that an Annexation Referendum be set for September 12, 2002, and that a public hearing be set for September 23, 2002 at 7:30 p.m.
Mr. Ruane moved for approval of staff's recommendation. The motion was seconded by Mr. Speed and Council unanimously acknowledged the First Reading of the following ordinance, by title only, and adopted the following Resolution:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF US ROUTE 13 AND SCARBOROUGH ROAD (SR 1 INTERCHANGE)
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at the southeasterly corner of the intersection of US Route 13 and Scarborough Road (SR 1 Interchange), which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at the southeasterly corner of the intersection of US Route 13 and Scarborough Road (SR 1 Interchange) situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 12th day of September, 2002 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: AUGUST 12, 2002
LEGISLATIVE AND FINANCE COMMITTEE REPORT
During the Legislative and Finance Committee meeting held earlier this evening, with Mr. McGlumphy presiding, it was requested that the following item be forwarded to Council for action:
Evaluation of Bid - Cast Aluminum Poles and Acorn Shaped Luminaires
In conjunction with the Downtown Dover Pedestrian Amenities Project - Phase III, the City of Dover elected to separately bid the lighting system (55 lights) proposed for the streetscape improvements. In addition, the bid package included nine (9) lights for the Dover Library parking lot. The specifications for the historical light standards were prepared by the Department of Public Works and Landscape Architectural Services under the supervision of the State of Delaware, Department of Transportation.
The committee recommended awarding the bid for the purchase of fifty-five (55) traditional cast aluminum poles and acorn shaped luminaires for the Downtown Dover Landscape and Pedestrian Amenities Project - Phase III to Rumsey Electric/Tecot Electric in the amount of $88,055.00, contingent upon the concurrence of the project sponsor, the State of Delaware, Department of Transportation; and awarding the bid for the purchase of nine (9) traditional cast aluminum poles and acorn shaped luminaires for the Dover Library Parking Lot Project to Rumsey Electric/Tecot Electric in the amount of $14,409.00, for a total purchase price of $102,464.00.
Mr. McGlumphy moved for approval of the committee’s recommendation, the motion was seconded by Mr. Speed and carried by a unanimous roll call vote (Mrs. Williams and Mr. Salters absent).
UTILITY COMMITTEE REPORT
During the Utility Committee meeting held earlier this evening, with Chairman Ruane presiding, it was requested that the following item be forwarded to Council for action:
Additional Work Request - Downtown Dover Pedestrian Amenities Project
In conjunction with the Downtown Dover Pedestrian Amenities Project - Phase III, the Department of Public Works intends to replace and upgrade the wiring circuits for the new street lights to be installed on Loockerman Street. The proposed work is being undertaken outside of the project limits for the Transportation Enhancement Project; therefore, these improvements were not included in the construction documents. The Department of Public Works has negotiated with Designed Improvements, Inc. (the selected contractor for the main project) the following unit prices to complete the requested work:
Estimated
Description Quantity Unit Cost Extended Cost
Demolition of Concrete Sidewalk 7,500 SF $2.81 / SF = $21,075.00
Trenching & Installation of Conduit 2,400 LF $12.67 / LF = $30,408.00
Construct Concrete Light Base 36 EA $627.00 / EA = $22,572.00
Install New Concrete Sidewalk 7,500 SF $5.48 / SF = $41,100.00
Total $115,155.00
Designed Improvements, Inc. was the contractor for previous phases of this project. Bids were not solicited for the work outlined above due to the provisions under 3.17 (A) Sole Vendor and 3.17 (B) Negotiations of the City’s Purchasing Policy.
The committee recommended awarding a purchase order to Designed Improvements, Inc. in the amount of $115,155.00 to complete the required improvements identified in the additional work request. The contractor will be paid based on the unit prices of the work for all work completed and accepted by the City of Dover Department of Public Works.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed.
Mr. Ritter noted for the record that he is in favor of the project; however, he is not in favor of the bidding process. It was his feeling that the process was an unfair sole-source to one (1) vendor. Mr. DePrima noted that Designed Improvements, Inc. was the low bidder on the DelDOT contract, which is the controlling contract; therefore, the City had to negotiate with them for the other part of the contract.
On a call for the question by Mr. Truitt, the motion to award a purchase order to Designed Improvements, Inc. in the amount of $115,155.00 to complete the required improvements identified in the additional work request, in accordance with the committee’s recommendation was carried by a roll call vote of six (6) yes, one (1) no (Mr. Ritter), and two (2) absent (Mrs. Williams and Mr. Salters).
Mr. Speed moved for adjournment, seconded by Mr. Ritter and unanimously carried.
Meeting Adjourned at 8:48 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions (except that portion of the minutes relating to “IBEW Contract Amendments”) adopted by City Council during their Regular Meeting of August 12, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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