REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 26, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Mike Chapman, 863 Schoolhouse Lane, addressed members regarding the new “Welcome to the City of Dover” sign located on Route #13 at the Scarborough Road exit from S.R. #1. He stated that when exiting S.R. #1 at this location, there is a traffic pole located in front of the center of the sign. Mr. Chapman felt that the pole should be relocated and suggested that it be accomplished upon completion of Scarborough Road.
Mr. O’Connor stated that the City of Dover has submitted a letter to DelDOT requesting that the pole be removed or relocated so that it does not obstruct the view of the sign. At this time, there has been no response to the request.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weller moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 12, 1998
The Minutes of the Regular Council Meeting of October 12, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PRESENTATION BY MAYOR JAMES L. HUTCHISON - HARVEST YEARS SENIOR CENTER, BOYS AND GIRLS CLUB, AND DOVER HIGH SCHOOL (BAND AND CHOIR)
The Fifth Annual Prayer Breakfast for Mayor James L. Hutchison was held on October 1, 1998. Each year, Mayor Hutchison donates proceeds from the event to an organization of his choice. Mayor Hutchison announced that this year he is able to make donations, in the amount of $500, to three (3) organizations, as follows:
Harvest Years Senior Center. Ms. Donna Snell, President of Harvest Years Senior Center, expressed her sincere appreciation for the contribution on behalf of the seniors of the center.
Boys and Girls Club. Mr. George Pulliam, Director, Mr. James Liguori, Vice President of the Board of Directors, and several participants were in attendance for the presentation. Mr. Pulliam thanked Mayor Hutchison for the donation that will be credited towards the operating budget for payment of expenses.
Dover High School - Band $250 and Choir $250. Dr. Robert Adams, Principal of Dover High School introduced Mrs. Andrews, President of the Band Boosters, and relayed his appreciation for the donations.
TRANSPORTATION REVIEW COMMITTEE - PROPOSED RESOLUTION - STATE ROUTE #1 INTERCHANGE
The Transportation Review Committee met on October 12, 1998, with Chairman Weller presiding. Mr. Weller stated that the committee recommended approval of a resolution endorsing a Central Dover Interchange for the purpose of providing access to central Dover, with conditions, which was read by the City Clerk.
In response to Mr. Leary, Mr. O’Connor confirmed that this issue will be studied and considered by the Dover MPO, which has City representation.
Mr. Carey suggested that DelDOT be requested to submit their proposal for a central Dover SR #1 Interchange to the City for final approval. Responding, Mr. O’Connor explained that the City has no authority in regulating the location of a Central Dover Interchange. By adopting the proposed Resolution, the City will be advising DelDOT of the City’s desires and hope they will take them into consideration. However, he reiterated that DelDOT has the authority to make the final decision with regards to a Central Dover Interchange.
Council President Christiansen suggested that a cover letter, with his and the Mayor’s signature, be sent with the Resolution requesting that DelDOT advise the City of their report findings and recommendation prior to finalizing this matter.
Mr. Lambert noted that although the proposed Resolution endorses a Central Dover Interchange, it does not refer exclusively to Route #8 and felt that the conditions will protect the interest of the City and its residents.
Mrs. Malone moved for approval of the Resolution, to be forwarded to DelDOT with a cover letter signed by the Mayor and Council President. The motion was seconded by Mr. Truitt and by a unanimous roll call vote, the following Resolution was adopted:
WHEREAS, there are increasing demands by residents, employees, and visitors for access to central Dover via State Route 1 (SR1) for the purpose of traveling to and from the Central Business District, the Capitol Complex, Kent General Hospital, and the residential areas of central Dover; and
WHEREAS, a draft DelDOT SR1 Interchange Needs Study indicates an interchange is warranted, but warns that without land development controls, an undesirable pattern of strip-commercial uses along residential and agricultural property would emerge; and
WHEREAS, the Study also indicates that there will be an increased use of local streets in the vicinity of the interchange by non-local traffic; and
WHEREAS, a Draft DelDOT SR1 Interchange Needs Study recognizes that one or more of the following types of development controls are necessary to control undesirable development: transfer of development rights, corridor overlay zones, flight path zone restrictions, down zoning, city growth boundary, farmland preservation, historic designation, access controls (including truck weight limits), traffic calming, changes to road network, and streetscape improvements.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover endorses a central Dover Interchange for the purpose of providing access to central Dover with the following conditions:
1. An Environmental Review Report and a Traffic Impact Study on city streets in adjacent neighborhoods be completed. Terms and conditions of these reports should be followed with the realization that modifications may be necessary in the future.
2. The City and State will work closely with residents of the neighborhoods in the vicinity of the intersections through public meetings, workshops, and surveys to gain a knowledge of the needs and desires of the community and to help develop ways of minimizing the impact of opening the interchange.
3. All efforts must be made by the State, County, and City to minimize undesirable development, including strip commercial development along residential arterial roads and highway commercial businesses at the interchange, and the premature conversion of agricultural land.
4. All efforts by the State, County, and City to minimize the traffic impact on adjacent neighborhoods should be made.
ADOPTED: October 26, 1998
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on October 12, 1998 with Chairwoman Malone presiding.
Reorganization Presentation - Greater Dover Arts Council
With their recent reorganization, the Greater Dover Arts Council (GDAC) provided a reorganization presentation to committee members. Ms. Rosemary Woodward addressed members on behalf of Mrs. Jane Richter, Chairperson of the GDAC, explaining that the Dover Arts Council changed their name to the Greater Dover Arts Council due to some confusion and to better distinguish them from the Dover Art League. Ms. Woodward advised members that the GDAC will concentrate on functioning as an umbrella organization to assist other art organizations, which will be contacted so that their needs can be assessed.
Ms. Woodward stated that, in order to enhance the quality of life and to contribute to the economic vitality of the Greater Dover Area, the GDAC’s mission is to promote excellence, access, and education in the visual and performing arts by promoting and assisting arts organizations of the Greater Dover Area. The purposes and goals of the GDAC are as follows: to dedicate itself to the purpose of making quality cultural and quality arts educational experiences available to the community; to enhance collaboration among visual and performing arts programs to enhance the quality of life in the area; to encourage program development in the areas of visual displays by assisting arts organizations technically, financially, and promotionally; to provide resource information and provide an arts calendar; and to assist in seeking funding for support of the visual and performing arts in the Greater Dover Area.
Since there is a need for marketing and promotion, the GDAC has decided to compile and publish, on a quarterly basis, a combined arts calendar with a summary of all cultural and arts organizations’ functions. They are currently working on a recognizable logo and format for the calendar.
The committee recommended acceptance of the Reorganization Presentation.
Mrs. Malone moved for approval of the committee’s recommendation under consent agenda format, seconded by Mr. Salters and unanimously carried.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 12, 1998 with Councilman Leary presiding.
AS/400 Equipment Additions
Due to the increased storage of historical information and the storage space necessary for program testing, the current AS/400 tape drive is capable of backing up only half of the City’s existing disk storage capacity. The purchase of a new tape drive is necessary to meet the City’s storage needs. Additionally, the AS/400 operating system is becoming obsolete and should also be upgraded. Upgrading the operating system will provide support for newer tape drives and will improve the system’s response time.
The Information Services Department solicited bids for a tape drive, tapes, the operating system upgrade, and a one-year version protection program which will guarantee free operating system upgrades for one year. Bids were submitted by four (4) vendors as follows:
Quinn Data Corporation $30,453.00 (Withdrawn 9/28/98)
HTE, Inc. 33,070.30
Black Oak Computer Services 33,521.38
IBM Direct 36,418.00
The Information Services Department budgeted $25,000 in the 1998/1999 CIP for this project. The additional funds will be transferred from the Information Services Department’s Computer Software account. Staff recommended awarding the bid to HTE, Inc. in the amount of $33,070.30.
The committee recommended acceptance of staff’s recommendation.
Mr. Leary moved to award the bid for AS/400 Equipment Additions to HTE, Inc., in the amount of $33,070.30, as recommended by the committee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Election Workers - Social Security Policy
At the present time, reimbursement to City election workers is exempt from Social Security tax up to $50. According to the National Conference of State Social Security Administrators and the State of Delaware, social security and medicare taxes may not be levied on wages paid up to $999 to any election worker during one calendar year. Staff submitted a Resolution to formalize the practice of excluding social security and medicare coverage for election workers and increase the wages to less than $1,000.
The committee recommended adoption of the Resolution, as recommended by staff.
Mr. Leary moved for approval of the committee’s recommendation under consent agenda format. The motion was seconded by Mr. Carey and by a unanimous roll call vote, the following Resolution was adopted:
A RESOLUTION EXCLUDING SOCIAL SECURITY AND MEDICARE PAYMENTS FOR CITY OF DOVER ELECTION WORKERS WHO EARN LESS THAN $1,000 PER CALENDAR YEAR
WHEREAS, the Mayor and Council of the City of Dover have been notified that they may modify the Social Security and Medicare payments regarding election workers; and
WHEREAS, elections in the City of Dover are infrequent enough that no election worker is expected to earn more than $1,000 per calendar year; and
WHEREAS, excluding Social Security and Medicare coverage for such election workers will save the City of Dover both time and money.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER that the City of Dover hereby chooses to exclude Social Security and Medicare coverage for election workers who earn less than $1,000 per calendar year effective January 1, 1998.
ADOPTED: October 26, 1998
Proposed Ordinance - Budget Revisions
To meet the changing needs of the City’s operations and to update revenues, the City revises the budget three or four times a year. The Finance Director/Treasurer submitted the first proposed revisions to the 1998/99 budget.
The committee recommended approval of the proposed budget revisions, as recommended by staff.
Mr. Leary moved for approval of the committee’s recommendation under consent agenda format. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote. (The First Reading of the proposed ordinance will take place during the latter part of the meeting).
Mr. Leary moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 12, 1998 with Chairman Lambert presiding.
Bid - Puncheon Run Connector
In conjunction with the Puncheon Run Connector project, bids were solicited for the relocation of electric lines and equipment. The total cost to the City is $247,992.86, including labor and material. Funding for the project, in the amount of $347,482.86, is available in the Electric Improvement and Extension Fund and will be reimbursed by the State of Delaware.
The low bid was received from Fry Electric in the amount of $99,490. Staff recommended that the bid for the outside contractor’s work be awarded to Fry Electric, in the amount of $99,490.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the bid for the outside contractor’s work, in conjunction with the Puncheon Run Connector project, to Fry Electric in the amount of $99,490. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Street Waiver Request - Enterprise Business Park
Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no variation given for whether on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for Enterprise Business Park. The street waiver requests are summarized as follows:
5)Waiver from the 60ʹ minimum right-of-way requirement, to permit a 50ʹ right-of-way width.
6)Waiver from the 38ʹ paved width for public streets, to permit a paved width of 32ʹ.
The Planning Commission recommended approval of the street waiver requests. In making its decision, the Planning Commission considered that the proposed project is an industrial subdivision with off-street parking provided for all employees. Restricting parking along the main through street eliminates the need for a 38ʹ pavement width and 60ʹ right-of-way. The waiver eliminates unnecessary impervious surfaces which increase stormwater and maintenance costs.
The committee recommended approval of the requested street waivers for the Enterprise Business Park Subdivision, as recommended by staff and the Planning Commission.
Mr. Lambert moved for approval for the committee’s recommendation, seconded by Mrs. Malone and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Section 7-18 of the City Code, City Manager, Mr. James R. O’Connor, performed a semi-annual inspection of the Robbins Hose Company facilities and met with the Fire Chief to discuss fire company issues. The following points were noted during the on-site visit:
1)The Company responded to 823 alarms from January 1st through October 21st.
2)The Fundraising drive has begun.
3)A new boat motor has been received for the rescue boat. The boat has been used seven (7) times.
4)The 800 MHZ radios are operational.
5)The new cascade system is operational.
6)The Company continues to receive very good response to fire scenes by the volunteers.
7)During Fire Prevention Week, the Fire Company spoke with over 4,000 children.
Mr. O’Connor stated that Robbins Hose Company continues to provide quality fire protection to the City of Dover.
Mr. Salters moved for acceptance of the report as submitted by the City Manager, seconded by Mrs. Malone and unanimously carried.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION
The Robbins Hose Company Election is scheduled for November 16, 1998. The following persons have been recommended to serve as judges for the election:
1) Paul Kertiles 2) Jack Mitchell 3) John Raughley (Alternate)
Mrs. Malone moved for approval of the appointment of judges as recommended, seconded by Mr. Truitt and unanimously carried (with Mr. Christiansen not voting).
MONTHLY REPORTS - SEPTEMBER 1998
By motion of Mr. Carey, seconded by Mr. Leary, the following monthly reports were accepted:
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Mrs. Malone referred to the Planning and Inspections Report and questioned the status of the Downtown Landscaping Enhancement Project. Mr. DePrima stated that the work that has been performed has not been in conjunction with the 1997 Downtown Landscaping Enhancement Grant. The work to be performed in accordance with the Grant has not yet begun. Since it is a Transportation Grant, there is a substantial amount of paperwork involved before any work can begin. Mr. DePrima advised members that the first draft of the concept drawings were completed and that the second draft should soon be received from DelDOT. Upon receipt of the concept drawings and approval from DelDOT, bids will be solicited. It is anticipated that work will begin in early spring.
Responding to Mr. Leary, Mr. DePrima stated that much of the work proposed for the West Walker Road Sidewalk and Bikeway Enhancement Project had been included in DelDOT’s Capital Improvement Program. The City’s project included sidewalks only, no curbing; however, DelDOT’s project is for full roadway improvements including sidewalks on both sides of the road,
widening, curbing, turning lanes, etc. After being approached by DelDOT, it was agreed to allow the City’s enhancement grant funds to be used as a part of DelDOT’s comprehensive program. Mr. DePrima explained that DelDOT’s improvements project should be completed within four (4) years. If the City continued with the plans for sidewalks, within a few years, it could require the sidewalk to be demolished in order for DelDOT to complete their improvements. He stated that since the DelDOT project includes improvements for Walker Road between Kenton and Saulsbury Road only, the City will continue with the improvements as planned between Saulsbury Road and the railroad tracks and has reserved enough funds to have those improvements completed.
In reference to the Parks and Recreation Department, Library Division, included in the City Manager’s Report, Mrs. Malone requested a briefing regarding the renovations to the Library. Mr. O’Connor stated that it is anticipated that the project will be complete within four (4) weeks. Although library services will continue to be available in the lower level of the building, there will be a reduction of resources and books available; however, it is hoped that through the KentNet, a patron can locate and obtain a particular book from another library.
Mrs. Malone moved to accept the Planning and Inspections Report and the City Manager’s Report, seconded by Mr. Truitt and unanimously carried.
REZONING REQUEST/FIRST READING - DELAWARE ROUTE #9 (BAYSIDE DRIVE) AND KITTS HUMMOCK ROAD - CHARLES H. WEST
A request was received to rezone property located on the northeast corner of the intersection of Delaware Route #9 (Bayside Drive) and Kitts Hummock Road, consisting of 142+/- acres, owned by Charles H. West. The property is currently zoned R-20 (Single Family Residential) and the requested zoning is A (Agricultural).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lambert, seconded by Mr. Pitts, Council unanimously referred the request to the Planning Commission and set a public hearing for December 14, 1998 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 ON THE NORTHEAST CORNER OF THE INTERSECTION OF DELAWARE ROUTE #9 (BAYSIDE DRIVE) AND KITTS HUMMOCK ROAD, CONSISTING OF 142+/- ACRES.
FIRST READING - PROPOSED ORDINANCE
Mr. Weller moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Carey and unanimously carried. Council President Christiansen 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 November 9, 1998.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Carey and unanimously carried:
Budget Revisions #1
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of October 12, 1998.
Section 2-3(b), Subsection (1) and (2) - Tax Exemption for Senior Citizens
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Weller and unanimously carried.
Mr. Lambert moved for adoption of the following ordinance, seconded by Mr. Pitts 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 Municipal Code is hereby amended by striking Sec. 2-3, Paragraph (b), Subsections (1) and (2) in their entirety and by inserting the following in place thereof:
(b) The exemption shall be for real property owners sixty-five (65) years of age or over. If qualified, their real property shall be exempt from municipal taxation to the extent of the first twenty-five thousand dollars ($25,000) of assessed valuation. This exemption shall be subject to the following qualifications:
(1)If the income of a property owner who resides alone exceeds the sum of ten thousand four hundred dollars ($10,400) for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted.
(2)If the income of a property owner and spouse who reside together exceeds the sum of eighteen thousand dollars ($18,000) for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted.
ADOPTED: October 26, 1998
Mr. Truitt moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:15 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 26, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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