REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 23, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mrs. Russell, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 9, 2006
The Minutes of the Regular Council Meeting of January 9, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
PRESENTATION - BOOKER T. WASHINGTON - NATIONAL BLUE RIBBON SCHOOL
Mayor Speed read the following Certificate of Recognition into the record:
WHEREAS, Booker T. Washington Elementary School was founded in 1919 and today has approximately 300 students enrolled; and
WHEREAS, the mission of Booker T. Washington Elementary School is to offer the best educational programs possible, in order to develop the mind and character of each child; and
WHEREAS, the No Child Left Behind-Blue Ribbon Schools Program honors public and private schools that demonstrate dramatic gains in student achievement; and
WHEREAS, Booker T. Washington's selection as a National Blue Ribbon School is a testament to the hard work and commitment of the school's staff, students, parents and the community.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE, on this 23rd day of January 2006, do hereby present this certificate to Booker T. Washington Elementary School in recognition of the outstanding effort made by the students and staff and for being named a National Blue Ribbon School. The City of Dover extends sincere congratulations.
The Certificate was presented to Ms. Marcia Johnson, Principal of Booker T. Washington Elementary School. Ms. Johnson explained the process involved in being selected as a National Blue Ribbon School and thanked the City for the recognition.
PRESENTATION: RESOLUTION - CITY OF DOVER MEDALS - JEFFREY (GOLD MEDAL) AND TERRI HORVATH (SILVER MEDAL)
Mayor Speed read the following Resolution into the record:
WHEREAS, on June 12, 2005, a 50-year old male was unconscious, in full-cardio-respiratory arrest, in the drivers seat of a vehicle that was running in reverse and in circles in a field just off the roadway at Todds Mill Road and Allabands Mill Road near Camden-Wyoming, Delaware; and
WHEREAS, Jeffrey and Terri Horvath were traveling on Todds Mill Road and observed the vehicle in the field with the driver slumped over the steering wheel; and
WHEREAS, Jeffrey Horvath jumped into the moving vehicle and stopped it by turning the engine off, and after pulling the driver out of the vehicle, he and Terri Horvath immediately began life saving measures for the victim, which continued until Emergency Medical Services arrived; and
WHEREAS, the courageous actions of Jeffrey and Terri Horvath were acts of heroism which deserve special recognition by the governing body of this City.
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. Horvath risked his own life to save the life of a fellow man and Mrs. Horvath provided life-sustaining support until medical help arrived.
2. In recognition of their heroic actions, the Mayor and Council award Mr. Jeffrey Horvath with a City of Dover Gold Medal and Mrs. Terri Horvath with a City of Dover Silver Medal, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: JANUARY 23, 2006
Mr. Carey moved for adoption of the Resolution, seconded by Mr. Salters and unanimously carried.
Mayor Speed presented a City of Dover Gold Medal to Jeffrey Horvath and a City of Dover Silver Medal to Terri Horvath. Chief Horvath indicated that there was another citizen that had stopped and assisted with the CPR; unfortunately, that individual is unknown.
UPDATE (18 MONTHS) - BROWN WATER
Mr. Koenig, Public Works Director, provided a Power Point Presentation on the 18-month update for Brown Water (Exhibit #1). He advised members that staff is currently completing Phase I of the project, which includes the Division Street Water Main Project. This project has been discussed during CIP and Budget Hearings, and Bond requests for numerous years. This Phase of the project began at State Street and concluded at St. Jones River. Mr. Koenig stated that staff is currently moving into Phase II of the Division Street Project, which will replace approximately 2,000 l.f. of pipe beginning at the St. Jones River and extending to the Bayard Avenue Water Tower. He reviewed the water quality milestones expected to be achieved during the next few months, which include the implementation of additional water system flushing improvements, a complete water quality evaluation, identify pipe relining and pipe replacement projects, and develop improved operational and maintenance procedures.
With regards to the water quality evaluation, Mr. Koenig stated that Black & Veatch has committed to issuing a technical memorandum to the City by the end of February 2006 that will address several issues including free chlorine and chlorine residuals in the system. He indicated that staff has seen escalations, spikes, and jumps on various components of residual chlorine in the system related to when wells are turned on, and how much demand there is for chlorine in the system. Mr. Koenig advised members that Black & Veatch will specifically review some raw water components related to nitrogen in the system and the conversion of nitrogen to ammonia related to chlorination, which is a very complex chemical reaction that is occurring. Once there is a determination from Black & Veatch on whether the chlorine fluctuations are the result of raw water quality, staff will be forwarding recommendations to either adjust the chlorine feed to the system or to move on to another analysis related to corrosion inhibitors and/or a corrosion study.
Mr. Koenig stated that staff is anticipating identifying specific components of the system for pipe relining and replacement projects, which will be reflected in the CIP and Budget. He explained that the need to develop improved operational and maintenance procedures is necessary in order make pure chemistry adjustments to the system. Staff has, during the past six (6) months, mapped the system and identified means to isolate various parts of the system. The hydraulic model that Whitman Requardt had prepared for the Water Master Plan has been delivered and once staff is trained, staff will be moving into a scenario based evaluation of the system.
Mr. Koenig feels that progress has occurred and assured members that staff will continue to address the Brown Water issue until this matter is completely resolved.
FACILITIES SPACE PLAN PRESENTATION
Mr. DePrima, City Manager, provided a Power Point Presentation on the Facilities Space Plan (Exhibit #2). The goal was to develop a ten (10) year plan for City buildings that will create spaces and places for the City’s elected officials and employees to provide quality services to the citizens. He stated that the Plan does not include a new Library, Electric Department, or Warehouses.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 9, 2006
The Legislative, Finance, and Administration Committee met on January 9, 2006 with Chairman Salters presiding.
Pension Actuary Study
Members were provided with the Pension Actuarial Analysis for the General Employee Pension Fund and Police Pension Fund, which depicts the schedule of funding progress. This information is used for preparation of the budget. Mrs. Mitchell reviewed the changes in percentage in payroll for the General Employee Pension Fund (contribution rate) for fiscal years July 1, 1998 through July 1, 2005. This reflects a $281,202 (3.81%) estimated increase over the fiscal year 2006 Budget. She explained the importance of the City’s investments in providing an increase and the effect it has on the unfunded liability. As of July 1, 2005, the unfunded accrued liability for the General Employee Pension Fund totals $24,975,306 and for the Police Pension Fund totals $5,906,582.
The committee recommended acceptance of the Pension Actuary Study Report as presented by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Actuarial Analysis of Postretirement Benefits
Based on a study conducted by Palmer & Cay, Mrs. Mitchell, Finance Director/Treasurer, provided a report of the GASB Postretirement Benefits Summary of Liability and Expenses as of July 1, 2005. If the City discontinued medicare reimbursements, there would be a savings in the amount of $603,000. The total unfunded actuarial accrued liability, including medicare reimbursement, is $51,269,000. The annual required contribution over budget is $3,271,975, which includes the normal cost, in the amount of $1,340,000, and the amortization payment of unfunded liability, in the amount of $3,335,000, less what we currently pay for retiree’s, in the amount of $1,403,025.
The committee recommended acceptance of the GASB Postretirement Benefits Summary of Liability and Expenses at July 1, 2005 as presented by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JANUARY 10, 2006
The Parks, Recreation, and Community Enhancement Committee met on January 10, 2006 with Chairman Sadusky presiding.
Presentation - Needs Assessment Study
Mr. Paul Lakeman, President for Main Street Dover program, provided a presentation of the Needs Assessment Study for the downtown area (as on file in the Office of the City Clerk). The main purpose of this study is for downtown revitalization and what can be done differently or better to achieve that purpose. The observations in the study were made by Mr. Donovan D. Rypkema, principal of Place Economics, which is a firm that specializes in downtown revitalization and the reuse of historic structures.
During Mr. Rypkema’s short visit, he met with numerous downtown businesses and noted various items such as perception problems and rules for downtown housing. One of the ways to revitalize the downtown area is to bring people to live in that area. A few negative issues observed was the amount of vacancies and that the sale prices of some downtown buildings are way too high relative to rent levels. Members were also advised that another way to assist in the revitalization of the downtown area is to have Main Street, Downtown Dover Development Corporation, and the Greater Dover Committee come together and work on a single focus, as opposed to their individual agendas. A couple of the perception problems are parking and the safety of downtown Dover. The Greater Dover Committee is in the process of hiring a consulting firm to assess the downtown Dover area.
Mr. Lakeman explained that there are five (5) policy priorities contained in the Study, as follows: 1) increase inspections of unoccupied buildings; 2) selective code enforcement; 3) major public priority to add downtown housing both in upper floors and new construction; 4) keep the library downtown; and 5) encourage proposed Wesley College student-orientated development to move to Loockerman Street.
During the committee meeting, Mr. Ruane noted that there currently are sufficient laws on the books for inspecting unoccupied buildings. Concurring, Mr. DePrima stated that he would like to receive support from City Council and that code enforcement should be prioritized according to street location. He advised members that staff is currently working on a draft vacant building ordinance and, once drafted, meetings will be taking place with various parts of the community, such as property owners and businesses, to help finalize the ordinance.
Mayor Speed suggested that the City develop incentives to encourage all business owners in the downtown area to have standard operating hours, similar to those found in retail malls.
There was much discussion regarding the recommendation for the Library to be located in the downtown area and, as a result, there was no recommendation of the committee.
No further action was taken by Council.
Update on John W. Pitts Recreation Center
During their meeting of November 29, 2005, members had requested that staff provide regular periodic updates on the John W. Pitts Recreation Center. Mr. Carter, Parks and Recreation Director, advised members that during the Regular Council Meeting of January 9, 2006, Council authorized the City Manager to sign a contract with Becker Morgan Group, Inc. to complete the necessary documents to prepare the John W. Pitts Recreation Center Project for bid. Construction is estimated to begin in March 2007 and completion time is estimated at nine (9) to thirteen (13) months.
No further action was taken by Council.
Update on the Garrison Tract Commission Report
Members were advised that since the completion of the Garrison Tract Commission Report, there have been several statewide meetings held regarding an economic development strategy for the State of Delaware. The City of Dover has already requested that the Garrison Tract be included in that strategy. The County has also commissioned a study to update all the data and inventory of land for economic development, which the City has been included as a partner. Some members felt that the report should be used as a State and County economic development strategy and, therefore, suggested that no action be taken until the recommendations of their studies are received.
The committee recommended acceptance of the report as presented and that no further action be taken at this time.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - JANUARY 23, 2006
During the Utility Committee Meeting held earlier this evening, with Chairman Carey presiding, members discussed the following issue and suggested that it be brought before City Council for immediate consideration:
Elimination of Different Procedures for Elected Officials’ Utility Billings
As a result of a recent article that appeared in the Delaware State News, City Council was made aware that there is an unwritten policy that exempts elected officials from having their electricity disconnected if not paid in a timely manner. Mr. Carey suggested that members consider eliminating this unwritten policy thereby requiring utility billings for elected officials to be handled in the same manner as any other citizen.
The committee recommended elimination of the unwritten policy for handling utility billings differently for elected officials and that the matter immediately be presented to Council for action.
Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Mr. Hogan reiterated that staff should take necessary steps to notify, in writing, all elected official of the change in the policy.
MONTHLY REPORTS - DECEMBER 2005
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
CONFIRMATION OF POLICE PENSION ELECTION - RET. CAPTAIN LARRY GRAY - THREE YEAR TERM TO EXPIRE JANUARY 31, 2009
The term of office on the Police Pension Board of Ret. Captain Larry Gray expires on January 31, 2006. Pursuant to Section 62-102 of the Dover Code, notice of an election was given to all plan members. Only one nomination was received, therefore, no election was held. Chief Horvath nominated Ret. Captain Larry Gray to serve a three (3) year term, to expire on January 31, 2009.
By consent agenda, Mr. Carey moved for approval of the nomination of Ret. Captain Larry Gray to serve on the Police Pension Board, with a three (3) year term to expire on January 31, 2009. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote.
REZONING REQUEST/FIRST READING - 501 WEST DIVISION STREET, OWNED BY CARMEN HARDCASTLE
A request was received to rezone property located at 501 West Division Street, owned by Carmen Hardcastle. The property is currently zoned C-3 (Service Commercial) and the requested zoning is C-1A (Limited 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. Ritter, Council unanimously referred the request to the Planning Commission and set a public hearing for March 13, 2006 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 AT 501 WEST DIVISION STREET.
ANNEXATION/REZONING REQUEST/FIRST READING - 1542 AND 1554 NORTH LITTLE CREEK ROAD, OWNED BY ROJAN MEADOWS, LLC AND JOYCE A. BORDLEY
A request was received for annexation and rezoning of property located at 1542 and 1554 North Little Creek Road, owned by Rojan Meadows, LLC and Joyce A. Bordley. The property is currently zoned RMH - Residential Manufactured Home (Kent County) and the requested zoning is RG-1 - General Residence (City of Dover). Staff recommended that the request be referred to the Planning Commission and that a public hearing be set for March 13, 2006 at 7:30 p.m.. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation.
Mr. Salters moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. Sadusky and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments 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 AT 1542 AND 1554 NORTH LITTLE CREEK ROAD.
COUNCIL MEMBERS COMMENTS
Mr. Salters thanked everyone for their participation in the Martin Luther King Program at the Modern Maturity Center and Mt. Zion AME Church this past Monday.
Mr. Slavin referred to recent newspaper articles regarding the Charter Review Commission and noted that there are some members of Council that have relayed concerns about the recommendations that may or may not be issued by the Commission. He reminded members that Council appointed this Commission and provided them with a charge. Mr. Slavin requested that members be patient and allow the process to be completed, without meddling in their deliberations, indicating that members of Council will have an opportunity to respond to the Commission and their recommendations at an appropriate time.
Mr. Carey moved for adjournment, seconded by Mr. Ritter and unanimously carried.
Meeting Adjourned at 8:26 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 23, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20061-23-2006.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Power Point Presentation on the 18-month update for Brown Water
Exhibit #2 - Power Point Presentation on the Facilities Space Plan