REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 11, 2002 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, 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 McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Charles Weller, 241 Fiddlers Green, questioned a proposal that is being considered for a Greyhound Bus Terminal to be located on Water Street and expressed concern with the location being within the City’s Historic District.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters noted that there were citizens present wishing to speak on item #7, Dedication to Reverend Rudolph Coleman, and requested that the matter be considered as item #4A.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 25, 2002
The Minutes of the Regular Council Meeting of February 25, 2002 were unanimously approved by motion of Mr. Truitt, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PRESENTATION - CHILDREN’S LIBRARY RENOVATIONS
Ms. Sheila Anderson, Library Director, advised members that the renovations to the Children’s Library were made possible by the receipt of a $105,000 Reynolds Bequest (former Governor Reynolds). Once the renovations were complete, large paper was placed in the Library to allow the children to express their feelings about the renovations. Ms. Anderson read some of the comments made by the children, which were all positive, and thanked members of Council for their continued support of the library.
PROCLAMATION - EMPLOYEE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover employees work diligently for all our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim Wednesday, March 20, 2002, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 104, 106, AND 128 SAULSBURY ROAD, OWNED BY EDWARD J. TROISE, SR.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 104, 106, and 128 Saulsbury Road, owned by Edward J. Troise, Sr. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is I/O (Institutional/Office).
It was noted that this public hearing, originally scheduled for the Regular Council Meeting of February 11, 2002, was postponed at the request of the applicant.
Planner's Review
The present zoning of C-3 permits service establishments, wholesale and warehousing, bowling alleys, animal hospitals, motor vehicle, boat and farm equipment sales and service, motor vehicle service stations subject to conditions, manufacturing with less than 25 employees, and printing establishments, and conditionally permits planned senior housing developments. The property is currently used for a contractor’s office, shop and apartment.
The proposed zoning of I-O permits business, professional, and governmental offices, public and institutional uses, and restaurants, and conditionally permits planned senior housing developments, fire arm ranges, correctional facilities, and public incinerators. The proposed use of the property is for a charter school.
The Planning Commission recommended approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses: The subject property fronts on the westerly side of Saulsbury Road. Along the southerly and southwesterly perimeter, this property adjoins lands zoned I-O which include property associated with the Faith Elementary School immediately south of the subject property, Dover Elks Lodge and Modern Maturity Center. The westerly perimeter adjoins two (2) residential lots zoned R-8 (One Family Residence) which are in the Bicentennial Village subdivision. Immediately to the north are lands zoned RM-2 (Medium Density Residential) which is the location of Green Meadows Assisted Living Facility. North of Green Meadows are vacant lands zoned R-8 which is the proposed future location of a new Elks Lodge. Further north are lands zoned R-8 and C-PO (Commercial/Professional Office) which are under development as the Four Seasons Residential subdivision and professional office center. To the east, across Saulsbury Road, are lands zoned C-3 which is the location of the Super Soda Center and Fuel Service Station. To the southeast are lands zoned RG-1 (General Residence), C-PO and R-GO (General Residence & Office) which include a few single family homes, professional office uses and the future location of an approved dental office building. To the northeast are lands zoned IPM (Industrial Park Manufacturing) which include a few single family dwellings, the Blood Bank of Delaware, Dover Federal Credit Union and Playtex Family Products. Further to the east are lands zoned I-O which comprise the William Henry Middle School and Booker T. Washington Elementary School complex.
Comprehensive Plan: The Comprehensive Plan recommends that the subject property be utilized for Institutional, Industrial and Public Utility purposes.
Other Considerations: The subject property is also situated within the Corridor Overlay Zone (COZ-1) which sets forth specific site design and landscape requirements intended to foster a superior streetscape and pedestrian oriented transportation corridor.
Recommendation of Planning Staff: The Planning staff recommended that this rezoning request be approved. The proposed rezoning to I-O represents an extension of a large area of I-O zoned property that adjoins the subject property on the southerly side. The proposed I-O zoning would eliminate a piece of C-3 zoning that is situated between two institutional uses with Green Meadows Assisted Living Facility to the north and Faith Elementary School to the south. The current C-3 zoning has the potential for introducing uses that would be incompatible with these adjoining uses institutional uses, such as automobile, boat and large equipment sales and service, gas stations, dry cleaning plants and bowling alleys. Rezoning the property to I-O will ensure that a more compatible land use would occupy this property when it is redeveloped.
Further, the Comprehensive Plan supports this request in that the northerly half of the subject property that is vacant and which adjoins Green Meadows Assisted Living Facility, is designated for institutional uses. The only reason that a narrow strip of land designated for Industrial and Public Utility uses appears on the Comprehensive Plan was because the site was previously in active use as a contractor’s office and storage yard facility. This rezoning would eliminate the contractor’s storage yard use from the premises.
Correspondence
No correspondence was received on the proposed rezoning.
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Constance Malmberg, 502 S. State Street, addressed members as the attorney representing the applicant. He thanked members for their cooperation in this matter and explained the dilemma being experienced as a result of the State Board of Education’s time requirements for schools to be completed by July 1st for a September school opening. Understandably, this deadline is to assure student placement. Although a September construction completion date could be accomplished, a July 1st completion date is unforeseeable and it is now the owner’s intention to work towards the school opening in September 2003. Mr. Malmberg requested that final action on the rezoning request be delayed for an additional 60-90 days. He assured members that the request is no indication of the viability of the proposed school.
Ms. Ruby Coppage, 943 Jawd Drive, stated that as President of the Board Members of the Academy of Dover, this is a project that has been in progress for the past two (2) years. She explained that charter schools are beneficial to the community and with Council’s support and effort, she felt confident that the community would be proud of the school.
Mr. Pitts stated that although he has not been an advocate of chartered schools, during the past few years he has observed positive results from these school and expressed his confidence in Ms. Coppage.
Mr. Clarence Hicks, 934 Saulsbury Road, relayed concern with an additional school in an area that currently consists of many schools and questioned if a traffic study would be accomplished and what impact it would have on the roads in this vicinity.
Responding, Mr. Petit de Mange stated that although the proposed rezoning has been reviewed by DelDOT, a traffic impact study has not been performed. He assured members that DelDOT will be requested to review the proposal once again during the site plan review process.
Council President McGlumphy declared the public hearing closed.
Mr. Speed moved to table final action on the rezoning request until the Regular Council Meeting on June 10, 2002, seconded by Mr. Carey and unanimously carried.
DEDICATION TO REVEREND RUDOLPH COLEMAN - REQUEST FOR NAMING CIRCLE IN FRONT OF TRAIN STATION - COUNCILMAN SALTERS
During their Regular Meeting of February 11, 2002, City Council tabled action on the request for naming the circle in front of the former train station in honor of Reverend Rudolph Coleman.
Mr. Salters moved to lift the matter from the table, seconded by Mr. Pitts and unanimously carried.
Mr. Salters moved to have the Circle proposed for the area in front of the Old Train Station named after Reverend Rudolph W. Coleman, seconded by Mr. Pitts.
In response to Mr. Speed, Council President McGlumphy indicated that no other suggestion has been made for the dedication. He also noted that there may be individuals present wishing to speak regarding this issue.
Mr. Salters moved to waive the rules to allow public participation, seconded by Mr. Speed and unanimously carried.
Mr. Drexel Ball, 162 Hampton Drive, relayed his support for the request to name the circle in honor of the Reverend Rudolph Coleman who, he felt, devoted his life to saving and repairing lives. Reverend Coleman was a surrogate father and spiritual leader to thousands of youths and adults in our community. It was Mr. Ball’s feeling that our community benefitted immensely from the wisdom and insight of Reverend Coleman and that he was a man of exceptional humility, strength, and courage.
The motion to dedicate the Circle proposed to be located in front of the Old Train Station in honor of Reverend Rudolph W. Coleman was carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 26, 2002 with Chairman Gorman presiding.
Comprehensive Annual Financial Report - Fiscal Year 2001
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, 2001. 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 16 years.
The committee recommended acceptance of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2001.
Mr. Gorman moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Salters and unanimously carried.
Presentation - Warehouse Proposal
The City of Dover recently purchased property located on Pear Street, adjacent to the City’s Warehouse. Mr. DePrima, City Manager, presented a diagram depicting the use of the structure and provided details of the proposed improvements and the associated estimated costs.
The committee recommended approval of the Warehouse Proposal, as presented by staff (attachment to committee minutes), with the understanding that there are proposed expenses included as follows:
1)Complete the roofing at the Pear Street Warehouse and move material in as planned. The cost is estimated at $130,000 for the roof and $5,000 for miscellaneous preparation expenditures.
2)Construct the non-stock storage yard at Schutte Park. The estimated cost is $27,000.
The total estimated cost is $159,000. Plans are to use the remaining $114,000 from the original $202,000 for the Warehouse plus $45,000 of the budgeted $130,000 from the Relay Shop.
Mr. Gorman moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Status Report on City Reassessment - City Assessor
Mr. Cooper, City Assessor, advised members that photographs of over 8,000 properties have been taken and incorporated into a database program. Although there have been some delays in generating data as a result of software problems, Mr. Cooper anticipates submitting the proposed reassessments to Council during their last meeting in March.
Mr. Cooper introduced Mr. Paul Miller from Cole, Layer, and Trumble, who is performing the appraisals of the 25 largest properties in the City of Dover. Mr. Miller explained that the methodology for appraising residential and commercial properties is similar. For the residential properties, the software program determines the value of the property, whereas, for commercial properties, the national standard known as “Marshal Swift” is used for the valuation method. The method used by both the software program and Marshal Swift is a cost method, which includes consideration of dimensions of the property, other features of the property (such as number of rooms, condition of the home, the size of the home, the size of the lot, etc.). This information is captured and then incorporated into the software program, which then generates a property value based on how much it would cost to construct the property. A land value is then added in and the building is depreciated based upon age, condition, and location. Mr. Miller reminded members that the goal of property assessment is to provide fairness. The manner in which property taxes work is for people to pay for their fair share; the value of their home is based on taxes. Each property owner should pay - not more/not less than their fair share.
Mr. Gorman noted that once Council has approved the property reassessments, Council will set the property tax rate based upon the total reassessment. There being much discussion regarding the maximum amount of revenue that can be generated as a result of a reassessment, staff was requested to obtain a legal opinion regarding any relevant restrictions on increasing taxes or the impact on an individual property in a reassessment year.
Mr. Cooper stated that once the property reassessments are approved by Council, notices will be sent to property owners in two (2) separate mailings - one by the 1st of April and the second by April 15th. The property owners will be given the opportunity to first make property reassessment appeals through an appeals process conducted by staff. Any appeal that is not resolved by staff will then be forwarded to the Assessment Appeals Committee for their review and recommendation to City Council.
Mr. Gorman moved to accept the status report as presented by consent agenda, seconded by Mr. Salters and unanimously carried.
Mr. Gorman moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Carey and unanimously carried.
SPECIAL LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 5, 2002 with Chairman Gorman presiding.
Proposals - Compensation and Job Classification Study/Organizational Study
As a result of the Regular Council Meeting of February 25, 2002, staff issued an RFQ for two (2) separate bids: 1) compensation and job classification study, and 2) organizational study, with all proposals including a projected May 30, 2002 completion date.
After reviewing the RFQ’s received, staff selected three (3) top companies: 1) LaFlamme & Associates, Inc., 2) The Singer Group, Inc., and 3) Public Administration Service (PAS). It was staff’s feeling that PAS had the strongest overall proposal and would be the clear choice if Council chose to have both a job description/compensation study and organization study completed. Mr. DePrima explained that the PAS presented the best overall proposal, the largest and strongest team, and included training and manuals for ClassificationMaster software that would be supplied to and set up for us. PAS also included a free six-month maintenance period; however, this company is approximately $7,816 more than LaFlamme and $13,124 more than The Singer Group, Inc. Depending upon Council’s desire, the following recommendations were made by staff:
1)Awarding the bid to Public Administration Service (PAS) to perform only the Job Description/Compensation Study, in the amount of $41,524.
2)Awarding the bid to Public Administration Service (PAS) to perform both the Job Description/Compensation Study and Organization Study, in the amount of $61,399.
Mr. Gorman stated that due to the lack of a quorum at the committee meeting, no official action could be taken.
Mr. Salters moved to award the bid to Public Administration Service (PAS) to perform both the Job Description/Compensation Study and Organization Study, in the amount of $61,399. The motion was seconded by Mr. Pitts.
Responding to Mr. Ruane, Mr. DePrima stated that although an organizational study could be accomplished in-house, it would not be possible to have it accomplished in the time frame desired by Council. He also relayed concern with having such a study performed in-house due to the difficulty of the City Manager reviewing the efficiencies or inefficiencies of departments that are not under his charge.
In response to Mr. Truitt, Mr. DePrima explained that the goal of a salary and compensation study is not necessarily to save money; however, an organizational study is more oriented to review ways and means of realizing savings, improving services, etc.
Mr. Ruane moved to amend the motion to award the bid to Public Administration Service (PAS) to perform only the Job Description/Compensation Study, in the amount of $41,524. The motion was seconded by Mr. Truitt.
As alluded to previously by Mr. DePrima, Mr. Ritter reminded members that an organizational study would provide recommendations that will allow the City to operate more efficiently and that a possible savings could be realized. The job description and compensation study alone will not provide any savings to the City; therefore, it was his feeling that the City should move forward in having both studies accomplished.
After much discussion, the motion to amend failed by a roll call vote of seven (7) no and two (2) yes (Mr. Truitt and Mr. Ruane).
Responding to Mr. Ritter, Mr. DePrima explained that this project would not qualify for the use of contingency funds and that the authorized expenditures will be reflected in the revised 2001/2002 budget amendment to be submitted at the end of the fiscal year.
The original motion to award the bid to Public Administration Service (PAS) to perform both the Job Description/Compensation Study and Organization Study, in the amount of $61,399, was carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Truitt).
Mr. Gorman moved for acceptance of the Special Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
Mr. Gorman moved for adjournment, seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 8:40 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 11, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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