REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 24, 1996 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend William Fitzhugh, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #4B - Alley Abandonment - Connie Vassas. Mr. Salters requested the addition of item #2A - Report of Salary Review Committee. Mr. Fenimore moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 10, 1996
The Minutes of the Regular Council Meeting of June 10, 1996 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Fenimore and bore the written approval of Mayor Hutchison.
PROCLAMATION - USO DELAWARE MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, USO Delaware, Inc. endeavors to enhance the quality of life for military personnel and their families, both residing in and transiting through our local community; and
WHEREAS, USO Delaware, Inc. is the channel through which the Dover community may support the unique needs of our modern military; and
WHEREAS, USO Delaware, Inc. serves to foster integration and interaction within the local military and civilian communities through the development and implementation of support services and programs; and
WHEREAS, USO Delaware, Inc. is supportive of and interacts with state and city governments and their agencies, as well as other community oriented organizations; and
WHEREAS, USO Delaware, Inc. was founded on 50 years of patriotic service to the military members of the United States of America through our World Headquarters and its Councils.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim July 1 - 31, 1996 as USO DELAWARE MONTH in the City of Dover and urge all citizens to recognize the importance of this observance.
SALARY REVIEW COMMITTEE REPORT - SALARY ADJUSTMENTS - COUNCIL EMPLOYEES
Mr. Salters noted that the City Manager has been authorized to approve salary adjustments for management employees under his charge, that are not a part of any City bargaining unit. He is authorized to compensate those employees, based upon individual evaluation, an amount up to 4% of personnel costs for the compensation package.
The Salary Review Committee recommended that Council employees receive a salary increase commensurate with the federal consumer price index which was reported by the Finance Director as 2.9% for the Philadelphia region during the period April 1995 - April 1996.
For those employees under the auspice of City Council, the Salary Review Committee recommends a salary adjustment of 2.9% to the following employees:
City Assessor Director of Planning/Inspections
Assistant City Clerk City Clerk
The Committee recommended that the Finance Director/Treasurer receive a salary increase of $5,000.
The Committee recommended that the Chief of Police and the Police Major receive a 2.9% bonus, as recommended by Mayor Hutchison.
Mr. Salters moved for approval of the Committee's recommendations, seconded by Mr. Leary and carried by a unanimous roll call vote.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on June 10, 1996 with Chairman Hare presiding.
Heavy Truck Parking on Residential Streets
Mr. Benjamin Bowings of 198 Haman Drive relayed concerns with heavy trucks in the Wedgwood Development. Mr. Haman stated that he has contacted the Police Department relative to tractor-trailers parking on the streets in the development and they have done a very good job in making the trucks move. Mr. Bowings felt that citizens should not need to call the Police Department every time they see a violation and that the officers should take corrective action while patrolling the City. Since these heavy trucks damage the pavement, Mr. Bowings requested that the City place prominent signs at the entrance to Turner Drive and on Kesselring Avenue prohibiting such trucks with the exception of local deliveries. He also requested the erection of signs near the Wedgwood Apartments prohibiting parking of trucks and an increase in the fine for violators.
Mr. O'Connor explained that two signs prohibiting truck parking have been erected as you enter Wedgwood as requested by Mr. Bowings. The City Police are actively patrolling the area and are issuing citations. Since this seems to be working, Mr. O'Connor suggested that we continue in this direction.
Mr. Salters stated that he has noticed that someone on Reese Street moves their truck around in order to avoid the Police. Chief Smith will look into this violation.
Mr. Hare suggested consideration of issuing a citation to the owner of the truck, as well as to the driver. Chief Smith and Mr. O'Connor felt that a citation to the owner would be difficult to enforce and suggested instead that the owner be notified by letter of the violation of their driver.
There was conversation about the possibility of having the truck towed if it is in violation of City ordinances, but Mr. O'Connor and Chief Smith felt that such action should only be used as a last resort.
Mr. Ben Bowings suggested that the City give consideration to increasing the fine for such violations, stating that it may be worth the $10 fine to be able to park the truck. Chief Smith will look into a graduated increase in fines, based upon the number of violations.
No official action was taken by the committee. Staff will report back to the committee with their recommendations for an increase in fines and on the status on the success of our actions to date.
There was no action taken by Council.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 10, 1996 with Chairman Lambert presiding.
Proposed Sewer Agreement - Kent County Levy Court
Members were supplied with copies of a proposed sewer agreement for services between Contract Users and Kent County Levy Court. The contract addresses two major issues, as follows:
1. Monthly billings will be levelized. Presently, our bill is based upon monies spent during that billing cycle which causes large fluctuations from bill to bill. This will also help during the budget process because the City will have direct input in setting the rate.
2. This agreement eliminates any reference to set allocations. We currently have in our agreement a set limit. This agreement also sets into motion a process to start improvements at the plant when we reach 85% of capacity. This should help relieve concerns of the business community.
Mr. O'Connor recommended authorization for the City to enter into the Contract with Kent County Levy Court.
Responding to a question by Mr. Lambert, Mr. O'Connor stated that the Sewer Advisory Council makes a recommendation to Levy Court on the proposed uniform rate, but that Levy Court makes the final decision. However, it takes a super majority vote of Levy Court to override the recommendation of the Sewer Advisory Council.
Discussing the portion of the agreement that addresses preplanning for expansion of the transmission line capacity and/or treatment capacity when the facility reaches 85%, Mr. O'Connor assured members that he is very comfortable with the proposal. He felt that the 85% cap leaves plenty of time for the planning aspect and the 90% cap is sufficient for the actual expansion if it is needed. He also reminded members that the alternative is to have plant expenditures too early resulting in customers paying for capacity that is not being used.
Responding to a question by Mr. Fenimore, Mr. O'Connor stated that all costs associated with the system are rolled into the uniform rate charged to users. There is no investment of County tax dollars in the system; it is totally funded by contract users.
The committee recommended that the City Manager be authorized to enter into an agreement with Kent Count Levy Court in connection with the transmission and treatment of sewage discharge.
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Request for Alley Abandonment - 478 N. East Avenue - Vassas
A request was received from Connie and Elisa Vassas for abandonment of an unimproved alley located behind their home at 478 N. East Avenue. The property has been maintained by the property owner since its purchase in 1968. They are installing a fence on their property and would like to incorporate the unimproved alley area since they maintain this area along with their own property.
There currently are no water or sewer mains at this location and there are no plans to establish such utilities in the future. None of the City departments consulted had a problem with abandoning the alley as long as an easement is maintained. It is the recommendation of City staff that a public hearing be set to consider abandonment of the entire alley between Garden Lane and Lakeview Drive.
The committee recommended that a public hearing be set for July 8, 1996 to consider abandonment of the entire alley, stipulating that an easement be maintained for the entire length and width of the alley.
Mr. Lambert moved to approve the committee's recommendation. The motion was seconded by Mr. Fenimore and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alley:
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running north to south, lying on the westerly side of East Drive between Garden Lane and Lakeview Drive and that portion of the alley parallel to East Drive being 15 feet wide and approximately 461.69 feet in length comprising of 6925.35 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, July 8, 1996, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: June 24, 1996
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Fenimore and unanimously carried.
MONTHLY REPORTS - MAY 1996
Mr. Fenimore requested discussion on the Planning and Inspections Report. By motion of Mr. Salters, seconded by Mr. Fenimore, the following monthly reports were accepted:
Chief of Police Report
City Assessor 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 Planning and Inspections Report, Mr. Fenimore requested that the Planner update members of Council on the pass-through grant for the Bayard Hotel. Mr. DePrima stated that the Downtown Development Corporation committed to the State of Delaware, under their Community Development Fund, funding of $100,000 for renovation and/or revitalization of one of six buildings suggested by the Corporation. The grant was awarded and the DDDC opened up an application period of three months for any of the owners of the six projects to come forward with a proposal for renovation and/or revitalization. The owner of the Bayard Hotel submitted a proposal for a complete renovation of the Bayard Hotel. He plans to leave the first floor for nine retail store units and on the second and third floors he plans apartments. He also plans a small bed and breakfast hotel with three rooms. The DDDC has agreed to target the $100,000 grant as a loan at 4% interest, amortized over 15 years, for the Bayard Hotel project. The money would be paid out as a draw-down at the completion of specific phases. He stated that the DDDC was successful in gaining the grant from the State and has been successful in finding a good use the funds. Mr. Fenimore noted that the owner of the Bayard Hotel has an interest in the development of a park between the old Fish Market and the Bayard Hotel for his tenants. He also noted the improvements recently made at the old Fish Market.
Mr. Fenimore moved for approval of the Planning and Inspections Report, seconded by Mr. Salters and unanimously carried.
APPOINTMENTS - CIVILIAN COMMITTEE MEMBERS
Civilian appointments by the committee chairs were recommended as follows:
Legislative and Finance Committee - Mr. Robert F. Merritt
Parks and Recreation Committee - Mrs. Michelle A. Northshield
Safety Advisory Committee - Mr. Robert A. Coleman
Utility Committee - Mr. Gregory Kramedas
Mr. Hare moved for approval of the above appointments, seconded by Mr. Leary and carried by a unanimous roll call vote.
APPOINTMENTS - MAYOR
Mayor Hutchison recommended the following reappointments:
Planning Commission
Three year terms to expire June 1, 1999
John G. Davis, Sr. - First District
Rexene Ornauer - First District
Thomas Holt - Third District
Mr. Leary moved for approval of the appointments, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Dover Public Library Commission
Five year terms to expire June 16, 2001
Alta A. Porterfield
Board of Adjustments
Three year term to expire July 1, 1999
C. Edward Dahn
Dover MPO - Public Advisory Committee
Two year term to expire July 1998
John E. Richter
Dover Parking Authority
Five year term to expire July 1, 2001
William L. Witham, Jr.
Historic District Commission
Three year term to expire July 26, 1999
C. Terry Jackson - Resident
James D. McNair - Profession
Mr. Lambert moved for approval of the above appointments, seconded by Mrs. Malone and carried by a unanimous roll call vote.
FINAL READING - PROPOSED BUDGET ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 10, 1996.
Mr. Leary moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Lambert moved for adoption of the following ordinances, seconded by Mrs. Malone carried by a unanimous roll call vote:
1996/97 BUDGET ORDINANCES
GENERAL FUND
CASH RECEIPTS AND BUDGET FOR 1996/97
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Fourteen Million Five Hundred Fifty-Seven Thousand Four Hundred Forty-Two Dollars ($14,557,442) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1996, and ending June 30, 1997:
Cash Receipt Estimates
1995/96 1996/97
Items Revised Budget
Prior Year Balance $ 1,474,492 $ 969,013
Fines and Police Revenue 412,200 412,000
Cash Receipt Estimates (con't)
1995/96 1996/97
Items Revised Budget
Franchise Fees 209,352 215,000
Interest Trans & Earnings 260,000 260,000
Library Revenues 40,900 45,953
KC Book Reimbursement 170,250 170,250
Business Licenses 755,000 750,000
Permits and Other Licenses 519,000 491,000
Miscellaneous Charges 45,000 45,000
Police Extra Duty 160,000 170,000
Property Taxes 5,310,000 5,434,456
Recreation Revenue 62,100 62,100
Senior Surrey Fees 0 0
Transfer Tax 675,000 700,000
Trash Fees 35,000 37,000
Grants:
Municipal Street Aid 416,000 420,000
Transportation 0 0
Police Related 150,000 88,500
Metropolitan Planning Org 0 0
Other 0 0
Health-Rodent Control 15,000 0
Cable Exp Reimbursement 10,000 0
Emergency Exp Reimbursement 63,000 0
Reimbursement for Demolition 3,450 0
Transfers from -
Water/Wastewater 200,000 225,000
Electric 3,720,000 3,975,000
Debt Service Reserve 0 87,170
FUND TOTALS $14,705,744 $14,557,442
Expense Summary
Department Expenses:
Assessor $ 101,125 $ 105,300
Fire 531,300 549,411
Community Services 132,524 141,350
Library 642,005 697,263
Recreation 280,270 359,836
Fire Marshal 43,990 0
Health Program 15,000 0
Planning 106,624 103,010
Public Inspections 418,544 498,321
Police Administration