REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 23, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, and Mrs. Green.
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.
Mr. Lee Anders, 21 Elm Terrace, complimented the City on the appearance of Dover, indicating his feeling that it is one of the most beautiful Cities in the nation. Mr. Anders relayed his concern with the City applying fees for trash service, water, wastewater, etc. to generate revenue that should be collected through taxes. He felt that fees by-pass the equity of a property tax structure and ignore the laws of supply and demand. Mr. Anders requested that members of Council be honest about how they are keeping property taxes under control while distorting distribution costs to the citizens. He noted that when a fee is imposed or increased, no public hearings are necessary and that justification for a fee or its increase is minimum. By not including costs in the property tax structure, City Council avoids its accountability to the citizens.
Mr. Robert Vincelletta (non-resident) relayed concern with an increasing problem with loud music from car stereos, which is occurring in the State of Delaware, as well as the nation. He advised members that Harrisburg, Pennsylvania recently adopted a law prohibiting such music from car stereos and allows for the stereos to be confiscated from the cars after the second arrest. Mr. Vincelletta felt that loud music from passing cars was a type of vandalism that should not be tolerated.
Mr. Richard Snyder (Newark, Delaware) addressed members regarding an issue that affects the entire State of Delaware, although it is located in the City of Wilmington. He explained that there are over 500,000 tons of toxic waste distributed on the banks of the Delaware River by the DuPont Company. He advised members that New Castle County Council and many civic associations have recently passed a resolution requesting that DuPont be required to release the toxic waste in a manner approved for hazardous waste. Mr. Snyder stated that the Town of Smyrna and the City of Wilmington are in the process of developing a resolution and requested that the City of Dover consider the same.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Salters 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 - ANNUAL COUNCIL MEETING OF MAY 9, 2005
The Minutes of the Annual Council Meeting of May 9, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
PRESENTATION OF HAND MADE QUILT BY MRS. ANN MARTIN TO INTER-CITY CULTURAL LEAGUE
Mrs. Ann Martin presented a hand-made quilt to Mr. Salters in honor of his dedicated community service and for fostering African American Cultural and awareness. She noted that the quilt was to be used as a fund raiser for the Inter-City Cultural League to assist in the building of a facility.
Mr. Salters, joined by the Sankofa Dancers and Drummers, accepted the quilt and explained that raffle tickets will be sold and the winner will be announced at the African American Festival on June 25, 2005.
CERTIFICATE OF RECOGNITION - S. RENEE SMITH - MEMBER OF DDDC
Council President Williams presented a Certificate of Recognition to Ms. S. Renee Smith in appreciation for her service as a member of the Downtown Dover Development Corporation, having served from May 28, 2002 through April 23, 2005.
PRESENTATION - CITY OF DOVER SILVER MEDALS - MS. THERESA BLOCK AND MS. BECKY FURR
Mrs. Green, City Clerk, read the following Resolution into the record:
WHEREAS, on February 9, 2005 a near tragedy occurred when a young boy, Christian Poole, fell into an ice-covered pond approximately thirty-five feet from shore and was unable to free himself from the icy water; and
WHEREAS, two citizens, Ms. Theresa Block and Ms. Becky Furr, attached a dog’s pull toy to the end of a rope and threw it to Christian Poole, pulling him safely to the shore and preventing his possible drowning in frigid water; and
WHEREAS, the ingenuity and quick actions of these women were a significant factor in saving Christian Poole’s life and averting what could have been a tragic loss to family, friends, and community, 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 Ms. Block and Ms. Furr showed exemplary conduct beneficial to the City and the community.
2.In recognition of their actions, the Mayor and Council award Ms. Theresa Block and Ms. Becky Furr with City of Dover Silver Medals, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: MAY 23, 2005
Council President Williams, along with Christian Poole, presented the Resolutions and Silver Medals to Ms. Block and Ms. Furr.
CERTIFICATE OF RECOGNITION - DOVER LITTLE LEAGUE’S 50TH ANNIVERSARY
Mrs. Green, City Clerk, read the following Certificate into the record:
WHEREAS, in 1955 Edward R. Knight, Francis Lore and Robert Reed, Sr., established the Dover Little League and began playing at the Court Street Field; and
WHEREAS, in 1992 the Dover Little League and the City of Dover entered into an agreement to transform the 22-acre Schutte Farm into a Little League Complex; and
WHEREAS, today with the support of local businesses and the community more than 50 teams and 900 players play tee-ball, softball, baseball, soccer and a host of other sports at Schutte Park; and
WHEREAS, throughout the years volunteers have given countless hours of service as administrators, coaches, umpires and cheerleaders; and
WHEREAS, during the last 50 years the Dover Little League has provided a solid foundation for character growth, in addition to nurturing courage and loyalty in the youth of our community.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE, do hereby present this Certificate on this 23rd day of May 2005 to the Dover Little League in recognition of its 50th Anniversary and urge all citizens to acknowledge the outstanding contributions and the venerable commitment that has been made to children in our community.
Council President Williams presented the Certificate to Mr. Glenn Wilhelm, Sr. Mr. Wilhelm thanked members for the recognition and relayed appreciation to Mr. Carter, Director of Parks and Recreation, and the City of Dover for their support.
RECOGNITION OF ACCOMPLISHMENT - RODEO COMPETITION IN MEMPHIS TENNESSEE - CITY OF DOVER ELECTRIC DEPARTMENT EMPLOYEES
Mr. Sax, Electric Director, provided a Power Point Presentation on the 5th Annual Lineman Rodeo held April 15-16, 2005, in Memphis, Tennessee, which is sponsored by the American Public Power Association. The Dover Electric Department participated in the event (Exhibit #1).
PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR BEGINNING JULY 2004 (GFOA)
The Distinguished Budget Presentation Award for Fiscal Year beginning July 2004, from Government Finance Officers Association, was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares and presents its budget. Council President Williams presented the award to Mr. DePrima, City Manager, and Mrs. Tieman, Director of Administrative Services. Noting that this is the 16th time the City has received this award, she commended the budget team for their efforts.
Mr. DePrima relayed appreciation to members of Council and the budget team (Mrs. Tieman, Mrs. Mitchell, Finance Director/Treasurer, and Mr. Howey, Assistant Finance Director/Treasurer) who played a major role in the preparation of the document. He also thanked staff for their diligent work and cooperative efforts. Mrs. Tieman advised members that the City of Dover is one (1) of only three (3) entities, Kent County and New Castle County, in the State of Delaware that has received such an award.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE EAST SIDE OF BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEON RUN CONNECTOR), OWNED BY DELAWARE INDUSTRIAL ENTERPRISES
A public hearing was duly advertised for this time and place to consider rezoning of property located on the east side of Bay Road (intersection of Route 113 and Puncheon Run Connector), consisting of 38.12 acres. The property is owned by Delaware Industrial Enterprises (equitable owner is Stover Homes, Inc.). The property is currently zoned C-4 (Highway Commercial) for 3.80+/- acres and IPM (Industrial Park Manufacturing) for 34.32+/- acres and the proposed zoning is C-4 (Highway Commercial) for 5.30+/- acres and IPM (Industrial Park Manufacturing) for 32.82+/- acres.
Planner's Review
Mr. Galvin, Director of Planning and Inspections, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended approval of the request to rezone a 1.5022 acre portion of an existing 38.12 acre parcel of land from IPM to C-4. With this rezoning the property will consist of 5.30 acres zoned C-4 and 32.82 acres zoned IPM. The property is also subject to the AEOZ (Airport Environs Overlay Zone).
Public Hearing
Council President Williams declared the hearing open. There being no one present wishing to speak, Council President Williams declared the hearing closed.
Mr. Hogan moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of March 28, 2005.)
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 BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEON RUN CONNECTOR), CONSISTING OF 38.12 ACRES
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-4 (Highway Commercial) for 3.80+/- acres and IPM (Industrial Park Manufacturing) for 34.32+/- acres to C-4 (Highway Commercial) for 5.30+/- acres and IPM (Industrial Park Manufacturing) for 32.82+/- acres.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-4 (3.80+/- acres) and IPM (34.32+/- acres) to C-4 (5.30+/- acres) and IPM (32.82+/- acres) on that property located at on the east side of Bay Road (Intersection of Route 113 and Puncheon Run Connector), owned by Delaware Industrial Enterprises
ADOPTED: MAY 23, 2005
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 13, 2005 at 7:30 p.m.
Mr. Salters moved to set a public hearing for June 13, 2005 at 7:30 p.m. for the 2005/2006 City of Dover Electric Fund Budget, seconded by Mr. Sadusky and unanimously carried.
COUNCIL APPOINTMENT - CONSTRUCTION CODE BOARD OF APPEALS (RECOMMENDATION BY COUNCIL PRESIDENT WILLIAMS)
Council President Williams recommended the appointment of Mr. Sadusky to the Construction Code Board of Appeals.
By consent agenda, Mr. Carey moved for approval of the appointment, as recommended by Council President Williams, seconded by Mr. Sadusky and unanimously carried.
APPOINTMENT OF CITY CHAPLAIN - RECOMMENDATION BY COUNCIL PRESIDENT WILLIAMS
Council President Williams recommended the appointment of Chaplain Wallace Dixon to serve as City Chaplain through June 2006.
By consent agenda, Mr. Carey moved for approval of the appointment, as recommended by Council President Williams, seconded by Mr. Sadusky and unanimously carried.
MONTHLY REPORTS - APRIL 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 Clerk/Alderman Report (Fines)
City Manager's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
BID - REPLACEMENT OF THE HVAC UNIT AT DOVER PARKS AND RECREATION BUILDING
Members reviewed bids received for a new HVAC unit required for the Parks and Recreation building on Whiteoak Road. The current unit has exceeded its life span, is broken, and cannot be repaired due to the scarcity of parts needed to maintain the unit. Staff recommended issuing a purchase order to J. Grilli in the amount of $35,596.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
BID - MAXIMIZING DOVER’S CONNECTIVITY INFRASTRUCTURE
In June 2004, the City’s Information Technology Long Range Plan recommended that the City investigate leveraging its fiber optic network. It also recommended that Dover leverage that network to deploy a Citywide voiceover Internet provider telephone system and use of wireless which is not now available. During their Regular Meeting of March 28, 2005, City Council approved the issuance of an RFP for a Telecommunications Infrastructure Needs Assessment Strategic Plan, Voiceover Internet Protocol, and Franchise Fee Review. Staff provided members with a summary of the eight (8) responses received to the RFP and details regarding each of the proposals.
The proposals were reviewed by the Administrative Services Director and Electric Director. The second lowest bid was received from Virchow, Krause & Company in the amount of $55,145, as follows: 1) Citywide Vision - $8,000; 2) Connectivity Needs Assessment - $24,500; VoIP - $12,650; and Franchise Fee Review - $9,995. Staff did not recommend the low bidder, TelNet, due to their level of experience in fiber optics and cable contracts. Staff recommended that the City Manager be authorized to retain Virchow, Krause & Company to provide a Telecommunications Infrastructure Needs Assessment and Strategic Plan, Voiceover Internet Protocol RFP Development and Design, and Franchise Fee Review.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
BID - BANKING AND CASH MANAGEMENT SERVICES
Members were provided detailed information, including evaluation scores, on the proposals received for banking services. The proposals were reviewed and evaluated by the Finance and Administrative Services Department personnel. The proposals were scored on content, service, technology, and experience. Staff also calculated interest income net of bank fees for each bank using the bank’s actual rates for January 2004 through December 2004 on the last 12 months actual cash balances and an average daily balance of $7,500,000. Based on each bank’s Uniform Bank Performance Report, staff calculated capital and net worth ratios to measure each bank’s solvency. Staff recommended awarding the City’s banking services to Citizens Bank.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
PROPOSED RESOLUTION - ESTABLISHMENT OF 2005 CHARTER REVIEW COMMITTEE
Council President Williams stated that during the recent Council Retreat, members established a priority to conduct a review of the City Charter and that it was determined that a Blue Ribbon Panel should be appointed to conduct the review.
Mr. Hogan moved for the establishment of the 2005 Charter Review Committee. The motion was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the City of Dover Charter was developed and incorporated in 1929 by the State of Delaware, and given all powers and functions requisite or appropriate for the government of the City, its peace and order, its sanitation, appearance and beauty, the health, safety convenience, comfort and well-being of its population, and the protection and preservation of property, public and private; and
WHEREAS, in the interest of progressive government, it is the opinion of the Mayor and Council that a total review of the Charter is necessary and that strong leadership and guidance is required to ensure that sound and credible recommendations for charter revisions are developed; and
WHEREAS, recognizing it is imperative that recommendations for Charter revisions must be objective and well-reasoned by a membership of broad experience and wisdom, it is the desire of the Mayor and Council that a Blue Ribbon Committee be appointed for reviewing the City Charter.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, HEREBY FORMALLY ESTABLISHES A 2005 CHARTER REVIEW COMMITTEE, WHICH SHALL:
1. Serve as an ad-hoc committee to consist of six (6) to nine (9) members appointed by the Council President, with recommendations provided by Council. The Council President will designate the Chairman, who shall be responsible for organizing and calling meetings as needed.
2. Have the objective of studying the City Charter and submit recommendations to the Mayor and Council relative to proposed changes in the form of government, election process, terms of office, and other amendments deemed necessary to assure the continued orderly growth and efficient management of the City.
3. Conduct meetings in a public forum format to allow for input from our citizenry, require at least one public meeting to be held in each of the four council districts, and seek the expertise of the State, City, local universities and colleges, and any others deemed necessary in the development and formulating recommendations.
4. Submit a preliminary report to the Mayor and Council within six (6) months, with a final report, including recommendations, to be submitted within twelve (12) months of organizing.
ADOPTED: MAY 23, 2005
REZONING REQUEST/FIRST READING - 834 W. NORTH STREET, OWNED BY EDEN HILL FARM, INC. AND THE STATE OF DELAWARE
A request was received to rezone property located at 834 W. North Street, owned by Eden Hill Farm, Inc. and the State of Delaware (equitable owners: Investment Properties Associates, L.L.C. and Dover Medical Properties, L.L.C.). The property is currently zoned IPM (Industrial Park Manufacturing) and A (Agriculture) and the requested zoning is TND (Traditional Neighborhood Design).
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. Hogan, Council unanimously referred the request to the Planning Commission for June 20, 2005 and set a public hearing for July 11, 2005 at 7:30 p.m. In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Rezoning Ordinance 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 834 W. NORTH STREET.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of May 9, 2005.
Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens
Mr. Ritter moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Slavin submitted a memo requesting Council consideration of lowering the eligibility age for the senior tax exemption to either 62 or, ideally 60, and provided the following reasons for his request: 1) Many of our seniors are forced to retire before the age of 65; 2) many career military veterans retire from their careers before the age of 65; 3) fixed-income seniors need relief; and 4) the City has recently seen the development of numerous 55-and-older communities, and has invited these developments into our community.
Mr. Ritter moved for approval of the amendment to Section 19.5-52, Tax Exemption for Senior Citizens, with a modification to Subsection (b) and Paragraph (b)(7) by striking “65" and inserting in lieu thereof “60". The motion was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 19.5-52 - Tax exemption for senior citizens, be amended by deleting Subsection (b), and Paragraphs (b)(1), (b)(2), and (b)(7), in their entirety and replacing in lieu thereof, and inserting a new Paragraph (b)(14), as follows:
(b) The exemption shall be for real property owners sixty (60) years of age or over. If qualified, their real property shall be exempt from municipal taxation to the extent of the first fifty thousand dollars ($50,000) of assessed valuation. This exemption shall be subject to the following qualifications:
(1)If the income of a property owner who resides alone exceeds the sum of fifteen thousand dollars ($15,000) for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted.
(2)If the income of a property owner and spouse who reside together exceeds the sum of twenty-one thousand dollars ($21,000) for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted.
(7)The property owner must have attained the age of sixty (60) by March 1 of the year in which the exemption application is filed.
(14)City Council will review these numbers at the conclusion of each reassessment.
ADOPTED: MAY 23, 2005
COUNCIL MEMBERS COMMENTS
Mr. Ritter thanked members of Council for being responsive to the recommendations he made during the April 11, 2005 Council Meeting, when he indicated how critical it is for the City to increase the reduction for our senior citizens because of the new tax assessment.
Mr. Carey reminded members that an extension has been granted for submitting applications for the tax exemption for senior citizens through May 31, 2005.
Mr. Salters announced that the African American Festival will be held on June 25, 2005 and invited all to attend.
Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:15 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of May 23, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20055-23-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Presentation 5th Annual Public Power Lineworkers’ Rodeo
Exhibit #2 - Planning Commission Report on Rezoning of Property located on the East Side of Bay Road