REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 29, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Fire Chief Osika, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Dr. Margaret McKay, 54 Rodney Road, read a statement in response to an article that appeared in the Dover Post on May 16, 2007 (Exhibit #1).
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Williams indicated that it has been requested that item #2B - Report and Recommendations of the Services to Seniors Committee, be removed from the agenda. She noted that the presentation will occur during the Regular Council Meeting of June 11, 2007.
Mr. Carey requested the addition of item #12B - Report of the Utility Committee regarding the Regulation 1146 Emission Control Requirement.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Slavin and unanimously carried.
Mr. Hogan requested that item #10 - Committee Appointments, Council President, be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Hogan and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 14, 2007
The Minutes of the Regular Council Meeting of May 14, 2007 were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Speed.
PRESENTATION - CERTIFICATES OF APPRECIATION - MATTHEW CAREY, MARK HALL, AND JOHN (MIKE) WILLSON
The City Clerk read the following Certificate of Appreciation into the record:
WHEREAS, on January 18, 2007, members of the Dover Fire Department, Matthew Carey, Mark Hall, and John (Mike) Willson responded to a house fire at 749 West North Street; and
WHEREAS, upon arrival at the scene, firefighters found several people still inside the burning building; and
WHEREAS, Firefighters Matthew Carey and Mark Hall were the first to enter the burning building and once they located and quickly extinguished the fire on the first floor, they made their way to the second floor where they found a conscious but disoriented victim whom Firefighters Matthew Carey and Mark Hall carried down the stairs and out the front door to safety; and
WHEREAS, Firefighter John (Mike) Willson rescued another person, trapped by the blaze, through an attic window by utilizing a ground ladder and brought them down the ladder to safety; and
WHEREAS, because of the courageous and heroic actions of these expertly trained firefighters, the lives of these individuals were saved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that Mr. Carey, Mr. Hall, and Mr. Willson risked their own lives to help individuals escape certain injury or death.
2. In recognition of their brave and fearless actions, the Mayor and Council of the City of Dover present Matthew Carey, Mark Hall, and John (Mike) Willson a Certificate of Appreciation and direct the City Clerk to make this a part of the permanent records of the City of Dover.
ADOPTED: May 29, 2007
Mayor Speed presented the Certificates of Appreciation to Matthew Carey, Mark Hall, and John (Mike) Willson and relayed appreciation to all the volunteer responders that work selfishly for the citizens of Dover.
Chief Osika thanked the Mayor and Council for honoring these firefighters, noting that the Dover Fire Department has extraordinary firefighters and that these three (3) individuals did an outstanding job. He stated that the reason that the firefighters of the Dover Fire Department are able to perform their duties at such a level is due to the support of the Mayor, Council, and other City employees and thanked them for their support.
PROPOSED RESOLUTION - APOLOGY FOR SLAVERY IN DELAWARE (DOVER HUMAN RELATIONS COMMISSION)
The Dover Human Relations Commission submitted a proposed Resolution on an apology for slavery in Delaware for Council’s consideration. Council President Williams advised members that Dr. Hoff, Chairman of the Dover Human Relations Commission (DHRC), as well as other individuals would like to speak regarding this matter.
Mr. Slavin moved to waive the rules to allow public testimony before taking action regarding the proposed Resolution, seconded by Mr. Salters and unanimously carried.
Dr. Hoff, Chairman of the DHRC, explained the duties and responsibilities of the DHRC and the various activities that have occurred since the inception of the commission, as well as their results. He stated that the proposed Resolution was unanimously supported by the DHRC, requesting that the City of Dover urge the State of Delaware to apologize for the period of slavery in Delaware and its aftermath. Dr. Hoff noted that there have been many crimes against humanity in world history and that slavery may be one of the greatest. He assured members that the DHRC considered the proposed Resolution comprehensively and explained the process which the DHRC took in this regard, including publication of their intention to consider such a Resolution.
Dr. Hoff advised members that on April 25, 2007, the DHRC comprehensively discussed and debated the proposed Resolution submitted. However, he explained that the DHRC is accountable and responsible to Dover City Council and as a facilitator, it is the hope of the DHRC that Council will be such a facilitator to the General Assembly regarding the issue of urging the State of Delaware to apologize for the period of slavery and its aftermath. He advised members of several surrounding states that have or are in the process of considering such a Resolution and issuing such an apology.
Dr. Hoff stated that once an apology has been made, issues of forgiveness can be dealt with and the healing can begin. He indicated that there has been a lot of support from the City of Dover, as well as the State of Delaware and, on behalf of the DHRC, urged members’ adoption of the proposed Resolution. Dr. Hoff noted that although we are unable to change history, we can make history; we can replace hatred and heinous behavior that occurred during the slavery period with harmony, afterall, these are the reasons why the DHRC was initially created.
Mr. Cecil Wilson, Brandywine Drive, stated that his purpose was not to debate the right or wrong of the slavery apology issue but to assure that each citizen of Dover and the State of Delaware is given the opportunity to voice their opinion on this most sensitive issue. It was his feeling that the State should conduct one (1) or more public forums on the slavery apology issue. He did not feel that it was the responsibility of the Dover City Council to act on this issue, noting that no other municipality in Delaware has taken such a position. Mr. Wilson recommended that the DHRC seek the State Human Relations Commission’s support and jointly organize public forums on the slavery apology issue throughout the State of Delaware. He questioned the rush for submitting the proposed Resolution, explaining that there could never be enough apologies given by the State or the nation on any slave or discrimination issue. He stated that it is not the words of forgiveness but what people do everyday that will make a true difference.
Mr. Wilson also relayed concern with other races that are not included in the proposed Resolution, such as the Native Americans. He reiterated his feeling that whether one is for or against this issue, citizens should be given the opportunity to express themselves before action is taken on this matter. Although, according to Dr. Hoff, the DHRC has contacted many individuals and representatives of organizations, Mr. Wilson questioned the opportunity for the average citizen to be heard regarding this matter. Too many laws are passed, not only in Delaware but throughout the nation, without representation of the average citizen. It was his feeling that it is very important to involve the general population so that they understand the action that is taken. Mr. Wilson requested that members asked themselves “is it an apology for the past or is it for today”.
Mrs. Reba Hollingsworth, 13 Taylor Drive, advised members that she is a native Delawarean whose ancestry has been traced back to 1790 on her maternal side because the members of her mother’s family were not slaves; however, she could only trace back to 1850 on her paternal side because there were slaves on her father’s side of the family and there is no documentation, by name, for slaves prior to 1850. She is aware that her paternal great, great grandparents were slaves and that she has suffered through her lifetime, as have all other blacks with whom she has had contact during her life, explaining that she was denied a quality education due to the laws of slavery. There are many who reside within the City of Dover whose families have simply given up the slaves quarters for the substandard housing in some of the communities in Dover. Blacks have been denied opportunities for loans, which is a residual effect of slavery. Delaware State University is the only completely sanctioned State University in the State of Delaware; however, she stated that it is treated like a “red-headed step-child”, which also is a residual effect of slavery. There are students who attend the Delaware State University who are not receiving scholarship money. In Dover’s local schools, Mrs. Hollingsworth stated that there are students placed in sub-standard classes simply because of the color or their skin, students placed in lower-level and general level classes rather than being encouraged to use their talents in the more academic classes, which would then prepare them for better jobs. There are black students who are denied jobs and whose salaries have been substandard because of the color of their skin. She personally began teaching in the State of Delaware when there was a dual salary for teachers, hers, being black, was $2,800 annually, while the salary for white teachers was $3,200 annually. As she retired, this type of action has had an affect over her lifetime. For these reasons, Mrs. Hollingsworth stated that an apology is important today and requested that members consider the present day effect of slavery.
Mrs. Hollingsworth explained that an apology is more than just words, it should actually be followed by a change of attitude and behavior and then followed by understanding that there is really no difference between people. During her tenure as a teacher at Dover High School, she stated that she witnessed some of the injustices that students experienced due to the color or their skin by teachers who were insensitive to the fact that these children had feelings and she continues to see this type of action happening repeatedly. She also requested that members consider the fact that blacks have been affected by slavery by the voting rights act, explaining that blacks have been the only people that have to appeal to the United States Congress periodically to get the right to vote, which is a residual affect of slavery. Mrs. Hollingsworth requested that as members consider whether or not it is important now to pass a Resolution for the injustices and apologize for slavery, they think about the present day effects that slavery is having on people of color like herself.
Pastor Gentry Butler explained that it is not enough to just treat the symptoms of racism, but that the disease itself must be treated. Tuskegee was part of the larger pattern of abuse that stems from the general feeling that the lives of black people do not matter nor do they deserve the same respect as white people. By adopting the proposed Resolution, Mr. Butler felt that this matter could be put behind and people can move onto bigger problems, which is forgiveness. He urged members to adopt the Resolution.
Mr. Anthony X, member of Nation of Islam, stated that he has been listening to the testimony, debating to apologize for slavery, and that it is clear that the American people are sick. Everyone agrees that a wrong has been committed and that human lives are involved. An apology leads to law reversal, which will take great courage under the American Government to review the laws that have stemmed from the unjust treatment that was imposed on black people. However, the atonement process does not lead to or stem from an apology. It will take the black people to get together to determine what it is that is desired for themselves and which direction the black people wish to go in the future because black people have wronged themselves. Concurring with Mr. Wilson, Mr. X stated that there should be many more in attendance tonight, noting that black people talk about running white people to atone to black people for the injustices; however, as is evident from this evening’s meeting, black people are not represented due to faulty news media. It was his feeling that it will take a long time and men and women of great courage to review all the laws that have been passed.
Mr. Manuel Davis, citizen of Milton, stated that he is speaking on behalf of the regular citizen. He indicated his support for the proposed Resolution submitted by the DHRC and agreed that an apology is just a beginning. The healing process cannot begin until there is an apology and acknowledgment of the history. Until America can acknowledge the wrong of the past, the healing process can never begin. He stated that the Dover City Council has an opportunity to take up the torch of righteousness and reconciliation. It was his feeling that Council does not have to wait for Governor Minner or the State of Delaware to take action, explaining that there is a grand opportunity now and urged members to adopt the Resolution.
Council President Williams thanked everyone for taking the time to speak before City Council.
Mr. Salters moved for adoption of the Resolution as presented by the DHRC, seconded by Mr. Slavin.
Mr. McGiffin stated that many items spoken of this evening have really resonated with him and asked if Council were to act tonight, would an opportunity be forfeited to generate more general public interest with this issue. He suggested that action be delayed to allow for an adequately publicized public forum to be scheduled to allow for more general knowledge of the issue and opportunity for people to have input on the issue. He felt that such a process would effect some healing and help all people to address this great wrong that took place in our history. If Council were to take action tonight, he did not feel that members would have the same opportunity or motivation to schedule such a program and generate such a dialogue.
Mrs. Russell moved to table the Resolution for further study, seconded by Mr. McGiffin.
Mr. Salters stated that there has been 200 to 300 years to understand what this issue is all about. The feelings are deep on both sides, everyone knows the history of slavery, both black and white have had the experience. He did not understand what further information could be garnered by inviting the public to take part in this discussion and encouraged members to defeat the motion to table.
Mr. Hogan commended all those who spoke on this matter. He advised members that he is originally from Oklahoma and has only been in Delaware for 33 years. In Oklahoma, there were many American Indians, of which he is a descendent. In talking about discrimination, brutality, killings, stealing land, etc., we could be talking about the American Indians. He questioned how members can apologize to one group of people and not apologize to the American Indians, who were chased out of their land, villages were destroyed, people were killed, became ill due to the white man’s diseases, etc. Although there has been discrimination against both the black people and the Indians, he stated that they are not alone. There has been discrimination against Irish, Italians, Jews, Japanese-Americans, Hispanics, etc. Mr. Hogan advised members that he once lived in a community were he was a minority and he experienced discrimination. He again questioned how an apology can be made to only one group and not to all the others. He agreed that the matter should be tabled and referred to a committee for the development of a Resolution that addresses true discrimination against all types of people.
Mr. Ruane explained that he has been shocked and disappointed at the tone of so many of the responses that have been posted on the Internet and noted that those types of comments have not been made this evening. It was his feeling that consideration of the proposed Resolution has at least brought out those people who still have the same intolerance, ill-feeling, and discriminatory attitude about people. He stated that this issue has been one of the most responded to articles that have occurred since he began reviewing the blogs in the News Journal. Based on these comments, he advised members that it is obvious that there is still racism in our community and in our State. He hoped that some of these individuals would attend this meeting and that dialogue, which he felt was most desirable, could begin regarding this issue. Mr. Ruane noted that the proposed Resolution does not obligate members to take any action on the part of City Council. He suggested that if Council is to adopt a Resolution, it should be re-worded so that City Council would recognize and acknowledge their own part, explaining that the proposed Resolution requests this action of the Delaware General Assembly. If the intention of the tabling motion is to give members the opportunity to improve the Resolution, he would agree to table and will assume that is the intention of the motion.
With regards to impact, Mr. Salters stated that usually when there is a crisis, there is a sensation of the hostilities that cause the crisis and that the healing begins afterwards. People cannot heal unless there is a rallying point, which he feels the proposed Resolution would provide. He stated that the healing should begin now with the passage of the proposed Resolution. Rather than moving forward, it was his feeling that things are moving backwards for black people. Mr. Salters requested that member’s allow their conscious to dictate their actions with regards to this matter and that Council move forward with the adoption of the proposed Resolution now.
Mr. Slavin thanked the members of the DHRC for bringing this issue forward and for those who spoke on the matter. He felt that this has provided an opportunity for members to challenge their own thinking, belief systems, and values to assure that we are not offending or discriminating in the actions that we take as a result of our beliefs. He personally has no problem with apologizing for slavery; however, he stated that his apology for slavery occurs everyday, when he prays, thinks, and takes action to ensure that he promotes fairness and justice. Sometimes this is achieved through formal actions as part of the privilege of serving on City Council, but more importantly and more frequently, this is achieved through the thousand little acts he can make in his life, such as raising his children to understand the affects of slavery and discrimination, working for human rights among all people, and ensuring that his own actions are just. Mr. Slavin stated that these are just some of the ways that he can personally apologize for slavery. He would not want his own apology for any matter, more particularly something as serious as slavery, to be an act to draw attention to himself. Using such an opportunity to apologize for slavery as a means of getting a picture in the paper, he felt, reflects betrayal of the very nature of an apology, which should be a very personal and deeply sincere act. Mr. Slavin explained that people are now placed in a regrettable position. It was his feeling that there is conflict and tension over this issue, as has been voiced during this meeting. His concern at this time, is not so much with the apology, which he supports, but with the DHRC. This is a body who is constituted, according to DHRC Enabling Legislation, “to develop ways of anticipating, preparing for, and relieving community tensions arising from inter-group conflict”. By virtue of the proposed Resolution, he felt that it has created more tension, although he does not feel that was the intent of the DHRC, he felt that this has been the unintended consequence and the fact remains that it does exist. Mr. Slavin noted that there is no argument as to whether or not an apology should be made; however, there is a concern of how this should be done. He felt confident that an apology can be made, and at the same time, further study can be issued and a role for City Council could be crafted and he encouraged members to consider these suggestions.
Concurring, Mr. Hogan also felt that the apology is incomplete since it is restrictive and discriminatory because it only speaks for one (1) group of people. If an apology is going to be made for past sins, he felt that such an apology should be made for all.
The motion to table the Resolution for further study was carried by a roll call vote of five (5) yes, and four (4) no (Mr. McGlumphy, Mr. Slavin, Mr. Salters, and Mr. Ruane).
In response to Mr. Slavin, Council President Williams indicated that it would be necessary to remove the matter from the table in order to make any further motion dealing with this specific issue.
Mr. Slavin moved to remove the matter from the table, seconded by Mr. Carey and unanimously carried.
Mr. Slavin moved to refer the proposed Resolution back to the Dover Human Relations Commission, encouraging them to meet with the State Human Relations Commission, and that they meet with members of the public by holding public forums in order to have a more inclusive process. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - PROPOSED LAND AND ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that would amend Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2), of Appendix B - Zoning, to allow for administrative waivers of bulk and parking standards for lots that do not meet the minimum lot size requirements in the RG-1 (General Residence) zone. The intent of the ordinance is to encourage redevelopment of the downtown residential areas by allowing small lots to be built upon without going to the Board of Adjustment for a variance. Mrs. Townshend advised members that the Planning Commission recommended approval of the proposed amendments. She noted that the requirements of any overlay zones cannot be administratively waived under the proposed ordinance, nor can the provisions of any other codes (i.e. building, fire, etc.)
Council President Williams declared the hearing open.
There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.
Mr. Hogan moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Hogan moved for adoption of the following ordinance, seconded by Mrs. Russell and carried by a unanimous roll call vote (the First Reading of the ordinance was accomplished during the Council Meeting of April 23, 2007):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning Ordinance, Article 3 – Section 2. General Residence Zones (RG-1 and RG-2) be amended by inserting a new section 2.6 as follows:
2.6 Administrative Waivers: The City Planner shall have the authority to waive the Bulk Standards and Parking Requirements of Article 4 Section 4.2 for all non-conforming lots that existed in the RG-1 zone prior to January 1, 2007, when deemed necessary for redevelopment. The applicant must request such waivers in writing, stating the reasons that such waivers are necessary for development or redevelopment of the subject parcel.
ADOPTED: MAY 29, 2007
CIVILIAN PENSION BOARD REPORT - MAY 8, 2007
The Civilian Pension Board met on May 8, 2007 with Chairman Ruane presiding.
Annual Review of Pension Benefits Paid to All Civilian Retirees (COLA)
During the Civilian Pension Board Meeting of January 27, 2000, members directed the City Clerk to maintain a permanent pending agenda item to review a Cost of Living Adjustment (COLA) for City of Dover retirees prior to the third week in February each year.
Mr. Lucas recommended that all civilian retirees receive a cost of living adjustment and that it be funded out of the general fund, similar to last year’s, rather than adding the cost to the unfunded liability. Mrs. Donna Mitchell, Finance Director, indicated that a one percent (1%) COLA would cost $283,518 and that this amount would need to be added to the Civilian Pension Fund for it to be fully funded.
Mr. DePrima, City Manager, noted that the City Budget is the City Manager’s Budget until forwarded on to Council for approval. He recommended that in the future, the Civilian Pension Board submit a letter to the City Manager’s Office for considering the possibility of a COLA. However, this year, due to time constraints, he suggested that the request be submitted directly to Council for consideration. Mrs. Mitchell stated that she will further review the pension ordinance with regards to this suggestion.
No further action was taken. (City Clerk’s Office Note: Correspondence was subsequently received from the Civilian members of the Pension Board requesting that a meeting be held to continue the COLA review in the manner set forth by the Pension Board on January 27, 2000. Due to several circumstances, members were directed by the City Clerk to submit a letter to Councilman Hogan requesting that a COLA increase be considered during the Budget Hearings.)
Proposed Ordinance Amendment - Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision I - In General, Section 2-338 - Benefits to Cease Upon Reemployment; Exceptions
Members were provided a proposed ordinance amendment to Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision I - In General, Section 2-338 - Benefits to Cease Upon Re-employment; Exceptions, of the Dover Code, which would be amended by revising the last sentence, as follows:
The provisions of this section shall not apply to any employee who receives remuneration as a result of being elected or appointed to an elective or appointed office in the city, nor to any employee re-employed by the city in a temporary capacity, so long as city earnings do not result in a reduction of the social security benefits actually received by the employee because the employee exceeded the earnings limit defined by social security for benefit reduction for post-retirement earnings.
Mr. DePrima indicated that while attending a recent ICMA Conference, he found that numerous jurisdictions are amending their ordinances due to the difficulty in filling positions. He stated that when hiring retired employees on a temporary basis, it was found that these employees were exceeding the earnings limit defined by social security for post-retirement earnings even though some were not actually receiving social security benefits. This ordinance amendment would resolve this conflict. Members were assured that the proposed ordinance amendment has been reviewed and approved by the Deputy City Solicitor.
The Board recommended adoption of the proposed ordinance amendment, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (the First Reading of the ordinance will take place during the latter part of the meeting).
By consent agenda, Mr. Carey moved for acceptance of the Civilian Pension Board Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
SET PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution) prior to adoption of the budget. Staff recommended that the public hearing be set for June 11, 2007 at 7:30 p.m.
Mr. Salters moved to set a public hearing for June 11, 2007 at 7:30 p.m. for the 2007/2008 City of Dover Electric Fund Budget, seconded by Mr. Carey and unanimously carried.
MONTHLY REPORTS - APRIL 2007
By motion of Mr. Carey, seconded by Mr. Hogan, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
Dover Fire Department Report
CIP Report
APPOINTMENT RECOMMENDED BY MAYOR SPEED - PLANNING COMMISSION - RON SHOMO (TO FILL UNEXPIRED TERM OF FRANK ZABACK - TERM TO EXPIRE JUNE 1, 2010)
Mayor Speed recommended the appointment of Mr. Ron Shomo to serve on the Planning Commission, as a Fourth District representative, for a term to expire June 1, 2010. This appointment is to fill the unexpired term of Frank Zaback.
By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Ron Shomo, as recommended by Mayor Speed. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
REAPPOINTMENTS - RECOMMENDED BY MAYOR SPEED - PLANNING COMMISSION (3 YEAR TERMS TO EXPIRE JUNE 1, 2010)
Mayor Speed requested the following reappointments to the Planning Commission for a three (3) year term to expire June 1, 2010: Mr. Michael von Reider (At-Large Representative); and John H. Baldwin (Fourth District Representative).
By consent agenda, Mr. Carey moved for approval of the reappointments to the Planning Commission as recommended by Mayor Speed, seconded by Mr. Hogan and carried by a unanimous roll call vote.
COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT (Deferred during the Annual Meeting of May 14, 2007)
The following committee appointments were submitted by Council President Williams:
Legislative, Finance, & Administration Committee
Timothy A. Slavin, Chairman
William P. McGlumphy
Reuben Salters
Daniel Shevock (civilian member)
Bobby Jones (civilian member appointed by Chair)
Parks, Recreation, & Community Enhancement Committee
Sophia R. Russell, Chairman
Eugene B. Ruane
William P. McGlumphy
Ann Horsey (civilian member)
David A. Lewis, Jr. (civilian member appointed by Chair)
Safety Advisory Committee
Kenneth L. Hogan, Chairman
Carleton E. Carey, Sr.
Timothy A. Slavin
Paul Lakeman (civilian member)
John Link (civilian member appointed by Chair)
Utility Committee
Eugene B. Ruane, Chairman
Carleton E. Carey, Sr.
James G. McGiffin, Jr.
Richard Snaman (civilian member)
Edgar Cregar (civilian member appointed by Chair)
Civilian Pension Board
Kenneth L. Hogan
James G. McGiffin, Jr.
Police Pension Board
Kenneth L. Hogan
James G. McGiffin, Jr.
Construction Code Board of Appeals
Eugene B. Ruane, Chairman
William P. McGlumphy
Responding to Mr. Slavin, Deputy City Solicitor Pepper indicated that members nominated may vote for themselves.
Mr. Slavin moved for approval of the committee appointments as recommended by Council President Williams, seconded by Mr. Salters and carried with Mr. Hogan and Mr. Carey voting no.
MISCELLANEOUS COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT
The following miscellaneous appointments were submitted by Council President Williams:
Chamber of Commerce and Greater
Dover Committee Liaison Members
Stephen R. Speed, Mayor
Beverly C. Williams, Council President
Central Delaware Economic Development Council (CDEDC) Liaison Member
Eugene B. Ruane
Kent County Tourism
Beverly C. Williams
Liaison to Kent County (City/County Committee)
Stephen R. Speed, Mayor
Beverly C. Williams, Council President
James G. McGiffin, Jr.
Reuben Salters
Timothy A. Slavin
Anthony J. DePrima, City Manager
By consent agenda, Mr. Carey moved for approval of the miscellaneous appointments, as recommended by Council President Williams, seconded by Mr. Hogan and unanimously carried.
APPOINTMENT AND ANNUAL DONATION - CITY CHAPLAIN (RECOMMENDED BY COUNCIL PRESIDENT WILLIAMS)
In accordance with Chapter 2, Article IV, Section 2-301 of the Dover Code, the appointment of the City Chaplain is made annually in June by the Council President and confirmed by Council and, although the City Chaplain serves without compensation, Council may consider an annual donation to the congregation each year for which the Chaplain is associated.
Council President William recommended the reappointment of Reverend Wallace Dixon as City Chaplain and authorize the City Clerk’s Office to issue a purchase order for the contribution in the amount of $360 to Bibleway Temple (for Reverend Dixon’s service as the City Chaplain from July 2007 through June 2008).
Mr. Hogan moved for approval of the reappointment of Reverend Wallace Dixon as City Chaplain and for a contribution to be made in the amount of $360 to Bibleway Temple, as recommended by Council President Williams. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - MAY 29, 2007
During the Utility Committee Meeting held earlier this evening, with Chairman Carey presiding, members discussed the following issue and due to time constraints, suggested that it be brought before City Council for immediate consideration:
Update - Options to Address Regulation 1146 Emission Control Requirements
As a result of an executive session held immediately preceding their meeting of March 26, 2007, the committee recommended that Council proceed with the actions noted in the executive session pertaining to the City’s appeal of Regulation 1146. This recommendation was approved by Council during their Regular Meeting of April 9, 2007.
Mr. DePrima, City Manager, advised members that he, Mr. Primos, City Solicitor’s Office, Mr. Lunt, Utilities Director, and Mr. Blaha, Plant Manager, have met with DNREC officials regarding how the City can come into compliance with the new emission control regulations. After several discussions with DNREC regarding the various options, it has been concluded that the best option for the City of Dover would be to submit a compliance plan using the SNCR technology, and lowering the type of fuel (keeping #6 fuel oil but using low sulfur fuel - 0.0 sulfur to 0.5 sulfur). By using this combination, the analysis conducted by DNREC indicates that the City would become compliant with Phase 1 of the regulations and likely be close to, if not totally, meeting Phase 2 of the regulations. DNREC has indicated, and will put into writing, that they would be willing to conduct a mid-year review to adjust the regulation to meet what the City would have achieved once all the technology is installed, the City has optimized the system, and the City has worked within the optimizing technology. Staff recommended authorization to prepare and submit tomorrow, a compliance plan using the SNCR technology and burning low sulfur fuel (which would occur in the fall of 2008). Mr. DePrima stated that it is his goal to be one of the first entities to meet these regulations.
The committee recommended that the City Manager and the negotiating team be authorized to submit to DNREC, Air Quality Management Division, a Delaware Regulation 1146 Compliance Plan, as presented by staff.
Members were advised members that implied by this action is that the City of Dover will be withdrawing the appeal to the Environmental Appeal Board.
Mr. Carey moved for approval of the committee’s recommendation to authorize the City Manager and the negotiation team to submit to DNREC, Air Quality Management Division, a Delaware Regulation 1146 Compliance Plan, as presented by staff. The motion was seconded by Mr. Hogan and carried by a roll call vote of eight (8) yes, and one (1) no (Mrs. Russell).
REZONING REQUEST/FIRST READING - EAST SIDE OF SOUTH WEST STREET, WEST OF DIVISION STREET, OWNED BY DOWNTOWN DOVER DEVELOPMENT CORPORATION
A request was received to rezone properties located on the east side of South West Street, south of West Division Street (Capital Scrap Yard), owned by the Downtown Dover Development Corporation. These properties, consisting of eight (8) parcels totaling 1.4601+/- acres, are currently zoned C-3 (Service Commercial) and the requested zoning is C-2A (Limited Central 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 rezoning request to the Planning Commission on June 18, 2007 and set a public hearing for July 9, 2007 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EAST SIDE OF SOUTH WEST STREET, SOUTH OF WEST DIVISION STREET.
FIRST READING - PROPOSED ORDINANCE
Council President Williams 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 ordinances will take place during the Council Meeting of June 11, 2007.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:
Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision I - In General, Section 2-338 - Benefits to Cease Upon Re-employment; Exceptions
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Ruane wished Mr. Salters a happy belated birthday (May 28th).
Mr. Salters announced that the 17th Annual African American Festival will be held on Saturday, June 23, 2007, beginning at 10:00 a.m. until 8:00 p.m. and invited all to attend.
Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:48 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of May 29, 2007, are hereby approved.
STEPHEN R. SPEED
MAYOR
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S:ClerksOfficeAgendas&MinutesCouncil-Minutes20058-22-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Prepared Statement by Dr. Margaret McKay (and Mr. Cecil Wilson)