REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 27, 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, Chief Carey, 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Reverend Shuhayda, followed by the Pledge of Allegiance, which was led by the Executive Board of the Central Middle School Student Council.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #4C - Budget Revisions. Mr. Weller moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 13, 1998
The Minutes of the Regular Council Meeting of April 13, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PRESENTATION - L.D. SHANK - SERVICE ON HISTORIC DISTRICT COMMISSION (1994 - 1998)
Mayor Hutchison presented Mr. L.D. Shank with a Dover Cup in recognition of service rendered on behalf of the City. Mayor Hutchison relayed his appreciation to Mr. Shank for the time and effort given for the betterment of the City of Dover.
Mr. Shank felt honored being a Charter Member of the Historic District Commission. He relayed his appreciation to his fellow commission members and Mr. DePrima and his staff for their hard work and cooperation. It is his opinion that the Historic District Program is an asset to the City and has proven to be successful. Mr. Shank stated that he was accepting the gift on behalf of all members of the Historic District Commission.
PROCLAMATIONS
Be Kind to Animals Week
The City Clerk read the following Proclamation into the record:
WHEREAS, since 1915, the first full week in May has been celebrated nationally as “Be Kind To Animals Week” to recognize our animal friends who give us companionship and bring great pleasure in our lives; and
WHEREAS, we also have a firm responsibility to protect these creatures, with whom we share the earth, from need, pain, fear, and suffering; and
WHEREAS, we recognize the value of the teaching of kindness to our young people through humane education and realize that out of kindness to all creatures grows kindness and love for our fellow man; and
WHEREAS, the people in this community are deeply indebted to their animal care and control agencies for their invaluable contribution in caring for lost and unwanted animals and promoting a true working spirit of kindness and consideration for animals in the minds and hearts of all people.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim May 3 - 9, 1998 as “BE KIND TO ANIMALS WEEK" in the City of Dover and encourage all our citizens to participate in all the events related thereto.
Mayor Hutchison presented the Proclamation to Ms. Elestine Cooper, President of the Board of Trustees for Kent County SPCA.
B.P.O.E. Youth Week
The City Clerk read the following Proclamation into the record:
WHEREAS, the Benevolent and Protective Order of Elks has designated the week beginning May 3rd as Youth Week to honor America’s Junior Citizens for their accomplishments, and give fitting recognition of their services to the Community, State and Nation; and
WHEREAS, the Dover Lodge #1903 will sponsor an observance during that week in tribute to the Junior Citizens of this Community; and
WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation’s greatest resource, and who, in the years ahead, will assume the responsibility for the advancement of our free society; and
WHEREAS, our youth need the guidance, inspiration and encouragement, which we alone can give in order to help develop those qualities of character essential for future leadership; and go forth to serve America; and
WHEREAS, to achieve this worthy objective we should demonstrate a partnership with our youth, an understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week beginning May 3rd, 1998 as “YOUTH WEEK" and urge all departments of government, civic, fraternal and patriotic groups, and our citizens generally, to participate wholeheartedly in its observance.
It was noted that the Mayor will present the Proclamation at a later date.
Nurses Week
The City Clerk read the following Proclamation into the record:
WHEREAS, the nursing profession is one in which the mind, the hand and the heart are devoted to the mental, physical, and social improvement of all; and
WHEREAS, it is a profession devoted to tender care, restoration of health, and alleviation of suffering; and
WHEREAS, over two and one half million nurses coast to coast will be celebrating Nurses Week with this year’s theme being “Nurses - Healthcare With a Human Touch”; and
WHEREAS, our community is extremely proud of our many nurses who continue to uphold the highest standards of a profession so essential in assuring our citizens the best in health care and treatment; and
WHEREAS, in an effort to recognize the nursing profession’s continued contribution and advancement of our Nation’s healthcare, May 6, 1998 through May 12, 1998 has been designated to celebrate and promote this caring group, so essential in the provision of healthcare today.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim May 6, 1998 through May 12, 1998 as “NURSES WEEK” in the City of Dover and urge all citizens to join in this expression of appreciation for the highly skilled and efficient humanitarian service which our nurses provide.
Mayor Hutchison presented the Proclamation to Ms. Sharon Painter, Clinical Director of Maternal Services at Bayhealth.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 13, 1998, with Chairman Salters presiding.
CDBG FY98 - Action Plan, Proposed Projects and Proposed Resolution
A proposed resolution was submitted for approval of the Community Development Block Grant (CDBG) Action Plan which includes the City’s request for its $297,000 CDBG Entitlement. A
summary of the spending plan and a copy of the Action Plan were also submitted for the committee’s approval. Contained in the Action Plan is the proposed use for the funds, along with
certain required policy statements and certifications. The Action Plan conforms to the priorities set forth in the Consolidated Plan.
The following is a summary of the recommendations as outlined in the 1998 Action Plan:
Amount Proposed: Amount Proposed:
Projects Services/Admin. Acquisition & Rehab.
Dover Police Department
Community Policing $ 34,000
NCALL Home Ownership Counseling $ 10,500
City of Dover Closing Cost/
Down Payment Assistant Program $73,100
Program Administration $ 59,400
City of Dover Housing Rehabilitation
Grant Program $20,000
Dover Housing Development Corp. $100,000
TOTALS $44,500/$59,400 $193,100
TOTAL CDBG GRANT $297,000
It was noted that according to the federal requirements, only 15% of the money can be utilized for services; therefore, there is a cap on the Community Policing and NCALL Home Ownership Counseling.
During the committee meeting, Mrs. Malone questioned the use of the community policing grant in the amount of $34,000. Mr. Salters explained that CDBG funds are not utilized for recreational type programs such as PAL and DARE and that there are other grants received to help fund those types of programs.
The committee recommended approval of the Action Plan and Proposed Resolution.
Mr. Salters moved for approval of the committee’s recommendation. The motion was seconded by Mrs. Malone and by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the City of Dover is entitled to $297,000 through the United States Department of Housing and Urban Development’s Community Development Block Grant program; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for community development purposes in accordance with the National Community Development objectives of benefitting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover to submit a Consolidated Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $297,000 entitlement; and
WHEREAS, the City of Dover has prepared the attached Application for Federal Assistance, and presented it at an advertised public hearing held on April 13, 1998.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER approve the application for Federal Assistance included in the Consolidated Plan, along with certifications and attached policies, and authorize its forwarding to the United States Department of Urban Development for consideration.
ADOPTED: April 27, 1998
Capital Investments Plan
Members were provided copies of the 1998/99 update to the City of Dover Capital Investments Plan (CIP) for 1996/2001 for their review. Staff prepares a five-year CIP every three years with annual updates. This method emphasizes the City’s real needs, focuses on the completion of projects, and enables staff to monitor long-term needs of the City more efficiently. The capital projects scheduled to begin next year total approximately $6.8 million, of which $3.7 million (or 54%) is projected to be funded in 1998/99. The CIP also contains proposed vehicular/equipment purchases in the amount of $1.9 million over the next five (5) years. Vehicular/equipment purchases projected to be funded in 1998/99 total $470,851.
Members were reminded that the CIP update is strictly a planning document designed to coordinate and communicate the City’s capital requirements for the next year. Projects in future years will continue to be reviewed on an annual basis. The CIP should be utilized as a guide, not a commitment. Funding is committed only when a project or equipment purchase has been budgeted and approved by Council. Mr. O’Connor assured members that only approved 1998/99 projects will be included in the upcoming year’s budget.
During the committee meeting, Mr. Leary referred to the E-Mail and Internet Server Access Project, as depicted on page 5 of the CIP, stating that these types of services can be very beneficial. Although he concurs that the City should be utilizing this type of service, he noted that there are concerns with security and privacy issues and suggested that staff begin preparing written policies for utilizing these services.
The committee recommended adoption of the Capital Investments Plan for 1996/2001 (as on file in the Office of the City Clerk) as a planning document.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried.
Proposed Budget Revisions for Fiscal Year 1997-98
During the committee meeting of April 27, 1998, members reviewed proposed budget revisions for FY 1997-98. Budget Revisions are submitted during the year to meet the changing needs of the City’s departments. In previous years, the major revisions in revenues and expenses and a final revised budget would be submitted to City Council with the total budget package in June. To provide departments with additional time for action, staff presented revenue and expense revisions for the City’s major operating funds at this time. The revised budgets for the other funds will be included with the budget package, which will be distributed in approximately two (2) weeks.
The committee recommended approval of the proposed budget revisions ordinance, as presented by staff.
Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 13, 1998, with Chairman Lambert presiding.
Evaluation of Bids - FY98 Resurfacing Program
In conjunction with the City’s Capital Investments Plan, it is proposed to resurface various streets throughout the City during fiscal year 1998. To date, 14 streets have received a financial commitment from Suburban Street Aid Agreements which are funded by area legislators. Additional streets will be funded through the Public Works Department’s operating budget, if sufficient funds are available. Bids were received from three (3) contractors for the FY98 Resurfacing Program, with the low bid received from George & Lynch, Inc. Staff recommended that the contract be awarded to George & Lynch, Inc. in the amount of $631,630.50 ($7.46 per square yard).
During the committee meeting, Mr. O’Connor advised members that staff measured those streets that are slated for resurfacing to determine an estimated total square yards of pavement, which was used to determine the cost per square yard. Mr. O’Connor stated that should there be funds available for any additional work, it will be accomplished based upon the average cost breakdown, which is $7.46 per square yard.
Mr. Lambert relayed appreciation to Representatives Stone and Wagner and Senators Still and Bonini for the contributions they make each year to the City of Dover for this program.
The committee recommended that the contract be awarded to George & Lynch, Inc. in the amount of $631,630.50.
Mr. Lambert moved to approve the committee’s recommendation, seconded by Mr. Weller and carried by a unanimous roll call vote.
Purchase of Poles
The City purchases poles for the City’s transmission lines. Normally, the City utilizes 75' poles for these lines; however, bids were solicited for 80', 85', 90' and 95' poles to achieve the proper roadway clearance to scale the Scarborough Road bridge over the Conrail Railroad tracks. This is a State project that is to begin this spring. All costs will be reimbursed by the State of Delaware. Staff recommended awarding the bid to the low bidder, Thompson Lumber Company, in the amount of $33,344.71. The committee recommended approval of staff’s recommendation.
Mr. Lambert moved for approval of the committee’s recommendation that a purchase order be issued to Thompson Lumber Company in the amount of $33,344.71. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote.
Mr. Lambert moved for approval of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
ELECTION RESULTS - 1998 MUNICIPAL ELECTION
The City Clerk reported that according to Title 15 Del. C. §7502, when there is only one official candidate for each office, the official candidate may assume office without the holding of a formal election. Therefore, since only incumbents filed for the open positions on City Council and for the Office of the Mayor for 1998, there was no need to hold an election this year.
The following incumbents will be sworn into office for an additional two (2) year term:
Mayor - James L. Hutchison
City Council
First District - Thomas J. Leary
Second District - Robert W. Lambert
Third District - William P. Truitt
Fourth District - John W. Pitts
MONTHLY REPORTS - MARCH 1998
By motion of Mr. Leary, seconded by Mr. Salters, the following monthly reports for March 1998 were accepted:
Building Inspector and Fire Marshal Report
City Clerk/Alderman Report (Fines)
City Manager’s Report
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
Referring to the Chief of Police Report, Mr. Weller questioned the 20% increase in complaints received by the Police Department as compared to the same period in 1997. Responding, Chief Faulkner stated that the number of complaints received does not represent crime rate and that several of the complaints reported were service related.
Mr. Salters referred to the Assessor’s Report and felt that property assessments have not had an increase during the past several years. He also relayed concern with tax exempt property, noting that they utilize City services which are paid for by City taxes.
Responding, Mr. Lucas stated that the 2 to 1 ratio of taxable property and tax exempt property has been consistent over the years. However, he reminded members that many commercial developments have qualified for the tax abatement programs recently initiated by the City. These programs provide a gradual increase each year in taxes collected for these properties. Mr. Lucas noted that tax exempt status is provided to organizations in accordance with State Statute. Once an organization is granted tax exemption, the City of Dover has no authority to collect taxes.
Mr. O’Connor noted that with the exception of sanitation collection, these tax exempt properties are billed for use of City utilities. With the increasing costs of sanitation collection and landfill fees, it is his feeling that, in the near future, the City will eventually need to charge a user fee for this service.
Mr. Lambert relayed his appreciation to those organizations with tax exempt status that have made a donation to the City, in lieu of taxes, for the services provided.
After much discussion, Mr. Salters moved for approval of the Chief of Police Report and City Assessor Report for March 1998. The motion was seconded by Mr. Leary and unanimously carried.
CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
In accordance with Section 7-18 of the City Code, the City Manager performed the semi-annual inspection of the Robbins Hose Company. Mr. O’Connor met with the Fire Chief and noted the following points:
► The Company responded to 258 alarms from January 1, 1998 - April 14, 1998
► Ladder 1 and the Squirt passed aerial inspection
► The transmission in Ladder 1 was recently rebuilt
► A new boat motor has been ordered for the rescue boat
► The 800 MHZ radios are scheduled for delivery within two (2) weeks
► We are still getting very good response to fire scenes by the volunteers
Mr. Lambert moved for acceptance of the City Manager’s report on the semi-annual inspection of the Robbins Hose Company, seconded by Mr. Carey and unanimously carried.
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE
The City Assessor requested that the property assessment appeals be held on May 21, 1998 between the hours of 2:00 p.m. and 4:00 p.m.
Council President Christiansen requested that Councilmen Salters (Chairman), Truitt and Weller serve as Property Assessment Appeals Committee Members, with Councilman Pitts serving as an alternate.
Mr. Salters moved for approval of the above recommendations, seconded by Mr. Pitts and unanimously carried.
APPOINTMENT - DOVER HISTORIC DISTRICT COMMISSION - THREE (3) YEAR TERM
Mayor Hutchison requested the appointment of Ret. Col. Richard E. Scrafford to the Dover Historic District Commission, to fill the unexpired term of Mr. L.D. Shank. This appointment is for a three (3) year term, which will expire July 26, 2001.
Mr. Weller moved for approval of the appointment of Ret. Col. Richard E. Scrafford, as recommended by Mayor Hutchison. The motion was seconded by Mr. Leary and unanimously carried with one (1) abstention (Mr. Christiansen).
REZONING REQUEST/FIRST READING - 190 OLD LEIPSIC ROAD - CARL L. MOORE
A request was received to rezone properties located at 190 Old Leipsic Road, owned by Carl L. Moore. The property is currently zoned R-10 (Single Family Residential) and the requested zoning is C-4 (Highway Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Carey, Council unanimously referred the request to the Planning Commission and set a public hearing for June 8, 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 AT 190 OLD LEIPSIC ROAD.
FIRST READING - PROPOSED ORDINANCE - BUDGET REVISIONS FOR FY 1997/98
Mr. Weller moved to waive the reading of the proposed ordinance before Council, seconded by Mrs. Malone 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 May 11, 1998.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mrs. Malone and unanimously carried.
Proposed Ordinance - Budget Revisions for FY 1997/98
A. General Fund - Cash Receipts
B. General Fund - Expenditures
C. Water/Wastewater - Revenues
D. Water/Wastewater - Expenses
E. Electric Revenue Fund - Revenues
F. Electric Revenue Fund - Expenses
G. Electric Improvement and Extension Fund - Cash Receipts and Expenses
H. Internal Service Fund - Revenue and Expenses
Mr. Carey moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:20 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 27, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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