REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 23, 1998 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 Eldon Fowler, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Truitt moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 9, 1998
The Minutes of the Regular Council Meeting of March 9, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PRESENTATION - C. EDWARD DAHN - SERVICE ON CITY OF DOVER BOARD OF ADJUSTMENTS (1987-1998)
Mayor Hutchison, along with Mr. Tony DePrima, City Planner, presented Mr. C. Edward Dahn with a Dover Cup in recognition of service rendered on behalf of the City. Mr. Dahn served as a member of the Board of Adjustments from 1987 through 1998, serving as Chairman since August 1996.
Mayor Hutchison stated that Mr. Dahn has contributed a considerable amount of time for the betterment of our City and relayed his appreciation to Mr. Dahn’s contribution. On behalf of Members of Council and the entire Dover community, he wished him the very best and good health in his retirement.
Mr. DePrima stated that it has been an honor to work with Mr. Dahn. Members of this Board keep the integrity of the zoning ordinances intact, which can be an extremely tough job since it is sometimes difficult to say “no”; however, members keep the City in mind when making decisions. Mr. Dahn has done an excellent job serving on this Board by balancing the needs of the community and principles of the zoning ordinances.
Mr. Dahn relayed his appreciation for being given the opportunity to serve the City and for the recognition.
PROCLAMATION - MILITARY RETIREE APPRECIATION DAY
The Assistant City Clerk read the following Proclamation into the record:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on April 4, 1998 these patriots of Dover and many other communities will gather at the Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, April 4, 1998 be known as "MILITARY RETIREE APPRECIATION DAY" in the City of Dover and urge the citizens of this City to honor these members of the community on this day.
The Proclamation was presented by Mayor Hutchison to Ret. Col. Henry G. Bierbaum and Ret. Lt. Col. Ken Smith, Retired Volunteer of the Year. Ret. Col. Bierbaum and Ret. Lt. Col. Smith expressed their appreciation for the Proclamation and for the recognition of all military retirees.
RESOLUTION - SPRING CLEAN-UP WEEK
By motion of Mr. Salters, seconded by Mr. Lambert, Council unanimously adopted the following Resolution:
WHEREAS, we are fortunate to live in a City so bountifully endowed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, the annual Old Dover Days celebration, a period set aside to honor the past and heritage of the City, will be celebrated on May 1-3, 1998; and
WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the week of April 13-17, 1998 is designated as SPRING CLEANUP WEEK in the City of Dover.
2. That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.
3. All Spring Clean Up debris should be placed for pickup along with regular household garbage during the week of April 13-17, 1998 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: March 23, 1998
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 9, 1998 with Chairman Leary presiding in the absence of Councilman Salters.
Purchase of Vehicles - Police Department
The Police Department purchases a certain number of vehicles every year through its budget. For the current fiscal year, a budget savings has been realized in the vehicles purchase account. Use of these savings for the purchase of vehicles this fiscal year will reduce next year’s expenses.
The Police Department’s current budget includes funds for the purchase of eight (8) vehicles at a price of $184,500. Seven of the eight vehicles are standard police vehicles which are purchased through the State Contract. These seven vehicles have already been ordered and the funds for their purchase in the amount of $126,940 are already obligated. The eighth vehicle, which is the Animal Control pickup, was outside the Standard Police Vehicle Contract and was to be ordered separately. Because of lower than anticipated prices on the police vehicles, additional funds were available to purchase vehicles ahead of schedule which will result in a savings to next year’s budget. Of the $184,500 budgeted for vehicles, $126,940 is obligated towards the purchase of seven police vehicles, leaving a balance of $57,560. With this remaining balance, the Police Department now wishes to purchase the eighth budgeted vehicle (Animal Control pickup), the purchase of a DARE van, and the purchase of vehicle that will be assigned to the Mayor, as follows:
Animal Control Pickup Truck - 1998 Ford F150 4x4 $20,840
DARE Van - 1998 Ford Cargo Van 15,927
Police Vehicle - 1998 Ford Crown Victoria (assigned to Mayor) 20,543
TOTAL $57,310
The Police Department requests authorization to issue a purchase order to Winner Ford of Dover in the amount of $57,310 for the purchase of three vehicles, as outlined above.
During the committee meeting, Mr. Lambert referred to the purchase of a vehicle for the Mayor and stated that it is his understanding that when the Mayor is finished with the vehicle, it will be turned back to the Police Department so that it can be fully utilized prior to its retirement. It was Mr. Lambert’s opinion that limitations should be placed on the use of the vehicle. He suggested that the Mayor not be permitted to use the vehicle for personal use outside the local area.
Mr. Leary relayed his feeling that the Mayor must be given some discretion on the use of the vehicle. Mrs. Malone agreed, stating that the Mayor is a professional and a past employee of the City of Dover. She felt that the Mayor should use his discretion in determining proper use of a City vehicle. Although she does not anticipate abuse of the vehicle’s use, Mrs. Malone relayed her feeling that our citizens would be very vocal if they felt the Mayor was abusing the benefit. She felt it unnecessary to place specific restrictions on the Mayor’s use of a vehicle, reminding members that there may be instances when the Mayor may need to drive to such areas as Washington D.C., Salisbury, MD, Wilmington, etc. on City business.
Mr. Lambert stated that he felt no need to restrict use of the vehicle while it is in the local area since the Mayor acts on behalf of the City 24 hours per day, seven days per week. He also expressed no need for restrictions on use of the vehicle outside the City limits or the State of Delaware as long as the trip is for official City business. He felt, however, that the Mayor should not be permitted to use the City vehicle for long distance personal travel. Mr. Lambert explained that he is only attempting to set reasonable guidelines for the Mayor.
It was Mr. Leary’s feeling that the Mayor should have the use of the vehicle to perform the duties of the Office of Mayor as the Mayor sees fit. If, at some point in the future, it appears that Council or the citizens of Dover feel the need for restrictions, then Council should deal with the problem at that time.
It was Mr. Carey’s opinion that the Mayor should have use of the City vehicle except for the times that he is going away on personal vacation. Other than when away on vacation, the Mayor is representing the City at all times, regardless of the type or time of the function.
Mr. Truitt felt that anyone in the position of full-time Mayor of the state capital, and the second largest city in the State, would have enough discretion to know what is or is not prudent use of a City vehicle.
Mr. Lambert also questioned if the purchase of a vehicle for the Mayor should be from Police Department funds. For cost accounting purposes, he suggested that the funds be transferred to the Mayor’s account for the purchase of the vehicle and for operation and maintenance costs. Mr. O’Connor explained that the Mayor is the overseer of the Police Department and the vehicle was to be permanently assigned to the Police Department. Mr. Leary suggested that Mr. Lambert discuss the matter with the Finance Director and if he feels that a transfer is necessary, the committee can address the matter at a later date.
After much discussion, the committee recommended approval of the purchase of seven (7) police vehicles from the State contract at a cost of $126,940 and the purchase of three (3) vehicles from Winner Ford at a cost of $57,310, stipulating that the vehicle being purchased for the Mayor be retired to the Police Department at the appropriate time and that the Mayor have full use of the City vehicle, with the exception of travel for personal vacations.
Mr. Leary moved for approval of the committee’s recommendation, seconded by Mrs. Malone.
Mr. Lambert reiterated his opposition to the personal use of a vehicle by the Mayor. It was his feeling that a vehicle would provide a significant salary enhancement that he felt should have been considered during the initial discussions with regards to the full-time Mayor issue and compensation package. Mr. Lambert reminded members that during those discussion, he had suggested that the personal use of a vehicle by the Mayor be made a part of the Mayor’s compensation ordinance. Since members chose not to include the use of a vehicle at that time, he relayed concern with the perception that is given by providing a vehicle for the Mayor at this time. Mr. Lambert stated that according to the last paragraph of Section 2-70(1), “the Mayor shall be entitled to all benefits customary to an employee of the City with the exception of pension benefits, and sick and vacation leave”. He noted that the motion indicates that the Mayor will have full use of the vehicle, with the exception of travel for personal vacations. It was his feeling that since the Mayor is not authorized a vacation, the Mayor would actually be provided unrestricted use of the vehicle.
On a call for the question by Mrs. Malone, the motion was carried by a roll call vote of six (6) yes, three (3) no (Mr. Lambert, Mr. Pitts and Mr. Weller).
Medical and Dependent Care Spending Accounts
The Internal Revenue Service (IRS) Code, Section 125, allows an employer to establish a plan under which employees can set money aside for medical insurance premiums, medical expenses and dependent care expenses. The amounts set aside by the employees from their wages will be exempt from federal and state income taxes and FICA tax. The program for the health insurance premium is already in place. The plan for the Medical (expense) Spending Account (MSA) and Dependent Care (expense) Account (DCA) is being proposed and the report submitted by the Finance Director provides the information on this plan.
During the committee meeting, Mr. Karia explained that under this plan, an employee contributes wages into their MSA and/or DCA account every pay period. The City will open a separate bank account for these funds and will retain a third party administrator (TPA) to administer the plans. The employee would send the receipt for their deductible or non-reimbursed medical expenses and/or dependent care directly to the TPA. The TPA will reimburse the employee every two weeks. Mr. Karia stated that detailed information on the plan has been distributed to all employees and informational workshops have been held.
The City may provide a working capital loan of $3,000 to $5,000 to this fund. The funds will be returned to the City by December 1998. The TPA expenses will be paid from the following sources: 1) interest earnings on the account; 2) remaining money from employees’ contributions; and 3) City contribution - estimated at the $500 to $1,000 range.
The City’s savings on employer FICA is estimated to be $700 to $1,000. Once the program is implemented, actual figures will be calculated and reported to the Mayor and Council through the Finance Department’s biweekly report.
Referring to employee contributions which remain unpaid by the end of the year, Mrs. Malone asked if employees are reimbursed. Mr. Karia explained that if the money is not used by the end of the plan year, the monies will be used towards administrative expenses of the program. Technically, the employee would lose the money which is why they should estimate as closely as possible to their actual expenses. Mr. O’Connor stated that the funds are not kept by the City, but are used for future administrative costs for the plan.
Mrs. Malone stated her feeling that it is a great program which will benefit both the employee and the City. Mr. Carey agreed that the program is terrific but cautioned that employees should be conservative with their expected expenses for the first year or two.
Mr. Lambert advised members that the company where he is employed also offers this program and that it seems to be extremely beneficial for child care expenses where expected costs can be very accurately projected. He reminded members that this program results in a savings to the City and to its employees.
The committee recommended approval of the Medical and Dependent Care Spending Accounts as recommended by the Finance Director.
Mr. Leary moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
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 March 9, 1998 with Chairman Lambert presiding.
Wastewater Facility Planning Grant Application - Proposed Resolution
The State of Delaware, Department of Natural Resources and Environmental Control, is providing matching funds to update and prepare a wastewater facility infrastructure plan. The City of Dover Wastewater Facility Plan of 1987 has accomplished most of the goals outlined in the current Plan and staff is now preparing a grant application to update the Plan. The new Plan will incorporate new development trends and proposed improvements to the City’s infrastructure to be implemented and constructed over the next 25 years. This plan will include areas inside and outside of the City of Dover’s current service areas. Since the proposed Facility Plan will include areas beyond the City limits, staff intends to have the proposed Plan qualified as a regional planning effort. This will allow funds to be requested in the amount of 50% of the estimated project cost of $65,000. The application process requires that City Council adopt a resolution endorsing the application for a Wastewater Facility Planning Grant in the amount of $65,000.
At the committee meeting, Mr. O’Connor explained that the cost of $65,000 is an estimate since the City has not yet sent out Requests for Proposals. Under a regional sewer plan, we are eligible for a 50% matching grant. It is a smaller percentage if the plan is limited to only the City. In updating our Wastewater Facility Plan, we believe it should be a regional plan since the City’s utilities extend beyond our corporate limits.
Responding to Mr. Leary, Mr. O’Connor stated that if the grant is approved this year, RFP’s would be prepared for distribution in late 1998 with the study to be underway in 1999.
The committee recommended adoption of the Resolution authorizing staff to complete the application for a 50% matching Wastewater Facility Planning grant for the purpose of updating the 1987 Wastewater Facility Plan at an estimated project cost of $65,000. Although he supported the proposal, Mr. Farling refrained from voting since he manages this program through DNREC.
Utilizing the consent agenda format, Mr. Lambert moved for approval the committee’s recommendation, seconded by Mrs. Malone and unanimously carried. Council adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the “Applicant”, has, after adequate consideration, of the various aspects of available data as it relates to the wastewater infrastructure, determined that improvements to the City of Dover wastewater infrastructure are necessary; and
WHEREAS, the Applicant has determined that the expeditious completion of a Wastewater Facility Plan is desirable and in the public interest, and to that end it is necessary that actions be taken immediately; and
WHEREAS, the State of Delaware has authorized the making of grants to aid in financing the Wastewater Facility Plan and related services in connection therewith; and
WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the Applicant deems it to be in the public interest and to the public benefit to file an application for a grant under these Guidelines, and to authorize other action in connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware, the governing body of said Applicant, as follows:
1. That the said Project is essential to and is in the best interest of the Applicant and to the end that the said Project may be carried out as promptly as practical, it is desirable that preliminary action hereto be undertaken immediately.
2. That James R. O’Connor, City Manager, or his designated representative, be hereby authorized to file on behalf of the Applicant, an application (in the form required by the Wastewater Facilities Advisory Council and in conformity with the request hereto) for a 50% matching grant to be made from the Infrastructure Planning Account to the Applicant to aid in defraying the cost of the Project described above.
3. That if such a grant be made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of State grants.
4. That the said James R. O’Connor or his designated representative, is hereby authorized to accept any State grant that may be offered, to furnish such information and to take other action as may be necessary to enable the Applicant to qualify for the grant; and
5. That the said James R. O’Connor or his designated representative, is hereby designated as the Authorized Representative of the Applicant for the purpose of furnishing to the Wastewater Facilities Advisory Council such information, data, and documents pertaining to the application for the grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection to this application and in connection with any requirements of the State grant which may be made.
6. That certified copies of this Resolution be included as part of the Application to be submitted to the Wastewater Infrastructure Advisory Council for a grant.
ADOPTED: March 23, 1998
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC)
Reappointments - 3 Year Terms to Expire April 23, 2001
Mayor Hutchison requested the reappointment of Mr. Michael Harrington, Mr. Wayne Holden and Mr. Gerald Street to the Downtown Dover Development Corporation. The appointments are for three (3) years terms to expire April 23, 2001.
Mr. Carey moved for approval of the reappointments to the Downtown Dover Development Corporation, as recommended by Mayor Hutchison. The motion was seconded by Mr. Leary and unanimously carried.
Appointment to Fill Unexpired Term of Susan O’Neill - Term to Expire April 23, 1999
Mayor Hutchison requested the appointment of Ms. Lorraine Goodman to fill the unexpired term of Ms. Susan O’Neill, which will expire April 23, 1999.
Mr. Salters moved for approval of the appointment to the Downtown Dover Development Corporation, as recommended by Mayor Hutchison. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
MONTHLY REPORTS - FEBRUARY
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were accepted by consent:
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager 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
Mr. Weller referred to the recent theft ring investigation and requested that Police Chief Faulkner provide Council and the citizens further explanation. Chief Faulkner advised members that three (3) distinct groups were identified as being involved in the various thefts and mischiefs. He stated that a joint investigation was conducted with the Delaware State Police, reminding members that crimes do not stop at the City limits. There were two (2) Dover police officers assigned full-time to this investigation. The case, involving the City of Dover, included 53 victims whose cases were cleared. The 53 victims represented over $40,000 in value loss, of which $30,000 was recovered, and over $10,000 in damaged property. There were 17 defendants arrested; some were juveniles, with a total of 327 charges.
Mr. Carey moved for approval of the Chief of Police Report for February, seconded by Mr. Salters and unanimously carried.
REZONING REQUEST - PROPERTY LOCATED AT 645 W. NORTH STREET - J. FRAN DELL, INC.
A request was received to rezone property located at 645 W. North Street, owned by J. Fran Dell, Inc. The property is currently zoned M (Manufacturing) and the requested rezoning is I/O (Institutional and Office). 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 Mrs. Malone, Council unanimously referred the request to the Planning Commission on April 20, 1998 and set a public hearing for May 11, 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 645 W. NORTH STREET.
Mr. Leary moved to adjourn, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:00 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 23, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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