REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 7, 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, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Third Assistant Fire Chief Christiansen, 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. Carey moved for approval of the agenda as presented, seconded by Mr. Sadusky and unanimously carried.
Mr. Hogan requested the removal of item #4A - Presentation of Pension Actuary Valuation as of July 1, 2004 from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 14, 2005
The Minutes of the Regular Council Meeting of February 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
PROCLAMATION - EMPLOYEE APPRECIATION DAY
Mayor Speed read the following Proclamation into the record:
WHEREAS, the City of Dover employees work diligently for all of our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy some of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day-to-day operations of the City of Dover; and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 11, 2005, as CITY OF DOVER EMPLOYEE APPRECIATION DAY in recognition of the dedication and hard work of all City of Dover employees, and request that all citizens participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 20 S. GOVERNORS AVENUE (DORIS A. COOPER AND OTHERS)
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 20 South Governors Avenue, owned by Doris A. Cooper (Harry Driggus) and others. Mr. Pritchett, Chief Building Inspector, stated that the property was declared dangerous on March 25, 2004 and that it has been abandoned for more than three (3) months. Deterioration of the building is being accelerated by weather and lack of maintenance. The property consists of a two story frame single family house. Mr. Pritchett showed slides depicting the condition of the structure.
Staff recommended that the property located at 20 S. Governors Avenue be: 1) declared as dangerous; 2) order the property repaired or demolished by March 24, 2005 by the owner or equity owner at their own risk; 3) order the building inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the (10) days of the date set by Council; and 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.
Mr. Pritchett indicated that the demolition cost is estimated at $8,000 to $10,000.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
It was noted that since this public hearing was originally scheduled for February 28, 2005, which was rescheduled for this time and place due to inclement weather, the date of March 24, 2005 should be extended to April 7, 2005 to provide for adequate time for the property owner or equity owner to respond.
Mr. Pitts moved that the structure located at 20 S. Governors Avenue be declared a dangerous building and subject to demolition, as recommended by staff, stipulating that the date of the order be extended to April 7, 2005 for the repair or demolition by the owner or equity owner at their own risk. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 14, 2005
The Legislative, Finance, and Administration Committee met on February 14, 2005 with Chairman Salters presiding. In the absence of Mr. Salters, the committee’s report was presented by Mr. Slavin.
Presentation of Pension Actuary Valuation as of July 1, 2004
Members of the committee were provided with a Summary of the General Employees and Police Pension Plans Actuarial Valuation as of July 1, 2004, as well as a four (4) year investment performance of the plans, as prepared by Pike Associates. Based on this valuation, the recommended contribution for the General Employees Pension Plan is 23.59% of covered payroll. This is an increase of 2.07% over the prior year’s valuation of 21.52% of covered payroll. The principal reason for the increase is the recognition of a portion of the prior three (3) years’ investment losses. The recommended contribution for the Police Pension Plan is $533,486, a decrease from the prior year’s contribution of $538,271. It was noted that police officers that were hired after September 1, 1982 will retire from the State of Delaware Police Pension Plan.
The committee recommended acceptance of the Pension Actuary Valuations as presented.
Mr. Hogan expressed his concerns regarding the City’s struggle to address the unfunded pension liability. Although staff has been actively addressing the issue by developing new investment strategy, he suggested that the City needs to make an extra effort to do more in the way of reducing the unfunded pension liability further.
Mr. Slavin moved for approval of the committee’s recommendation for acceptance of the Pension Actuary Valuations as presented by Pike Associates, seconded by Mr. Hogan and unanimously carried.
Recommendation of Civilian Pension Board - Cost of Living Adjustment (COLA)
Members considered a recommendation of the Civilian Pension Board (Meeting of January 26, 2005), that a 2% Cost of Living Adjustment (COLA) increase be given to retirees on July 1, 2005. The last COLA was provided on July 1, 2003 for those who retired on or before December 31, 2002 at the rate of 1.5%. It was noted that after the Pension Board Meeting, several members of the Board had indicated that the motion should have stipulated that the COLA would be given to those that retired prior to December 31, 2004.
The committee recommended that a 2% Cost of Living Adjustment (COLA) be given to retirees on July 1, 2005 for those that retired prior to December 31, 2004.
Responding to Mr. Hogan, Mrs. Mitchell advised members that the City’s Actuary has estimated an additional 0.49% of covered payroll as the impact of granting current retirees a 2% COLA, which staff would include in the 2006 Budget if approved.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
Investment Policy Review
Mrs. Mitchell, Finance Director/Treasurer, presented a revision to the Investment Policy that would amend Section 7.10 by allowing for the City’s Post-Retirement Benefits Fund to be invested in the Delaware Local Government Retirement Investment Pool (DELRIP).
The committee recommended adoption of the revision to Section 7.10 of the Investment Policy as recommended 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 (Mr. Salters absent).
Proposed Charter Changes - Reincorporation of City Charter
The last reincorporation of Dover occurred in 1929 and since that date, the Charter has been amended a multitude of times, resulting in a legal researching nightmare in determining the most current provisions of the Charter. The reincorporation would result in a concise, single complete document from which to operate. In January 2003, members of Council adopted a Resolution requesting the General Assembly of the State of Delaware to reincorporate the City of Dover. H.B. 59 was introduced to the 142nd General Assembly; however, it was referred to a committee and never received final consideration.
Members of City Council have continued to have discussions regarding additional amendments to the City Charter. Since no action was taken with regards to the City’s request for reincorporation, during a Special Meeting of the Legislative, Finance, and Administration Committee of November 9, 2004, members suggested that staff review the City Charter for the purposes of identifying any discrepancies or conflicts with existing State law or City policies and practices for a report back in 90 days. As requested, the City Clerk, City Manager, and Finance Director/Treasurer reviewed the Charter and consulted other department heads for possible amendments. Mrs. Green, City Clerk, presented draft Charter revisions (depicting proposed amendments by bold italics (blue) for inserts, (red) strike-outs for deletions, and bold (green) italics for notes and comments. Based on discussions during the Special Committee Meeting of November 9, 2004, the Deputy City Solicitor submitted a letter explaining his position on the elimination of the Alderman’s Court. It was noted that based on the direction of the committee, the proposed Charter revisions include the elimination of the Alderman’s Court.
Mr. Ruane noted that according to Section 53, the police force shall be chosen and appointed by the Mayor. Although the Mayor appoints the Police Chief, he does not hire/fire police officers. He suggested that the Section be amended to coincide with the Code. As a result of concerns that the Charter is in conflict with the Police Officers’ Bill of Rights, it was suggested that the City Solicitor review Section 53 for possible amendments.
Mr. Ruane advised members that there would be additional costs involved with the reactivation of the Alderman Court; therefore, he did not feel that this would be a solution to the problem. He suggested that in order to rectify any problems we may have with the Courts’ review of City Code violations, the City should visit and address these concerns with the magistrates of the courts.
The committee recommended approval of the proposed Charter changes for the Reincorporation of the City Charter with the stipulation that Section 52, Alderman, remain intact to be further reviewed by the City Clerk and City Solicitor for possible amendments to be presented to Council. It was noted that approval of the committee’s recommendation will require adoption of the Resolution requesting the General Assembly to Reincorporate the City Charter as amended.
As a result of the committee’s recommendation, members were provided revisions to the Charter relative to the amendment to Section 52, Alderman.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Sadusky.
Referring to Section 52, Mr. Ruane reminded members that the purpose of the reincorporation was to provide the opportunity for the Charter to be amended in areas were there were conflicts with existing State law or City policies and practices. In this recognition, the proposal submitted to the committee by staff eliminated Section 52, Alderman, which suggests that the City have an Alderman Court. Mr. Ruane noted that issues that would involve the Alderman Court is currently being handled through the Justice of the Peace Court; therefore, he felt that Section 52 should be eliminated from the City’s Charter otherwise, there would be a conflict with current laws and practices.
Mr. Ruane explained that in developing their recommendation, the committee was not privy to information that has recently been received, as follows:
1)SB 228, signed by the Governor on June 24, 2004 to become effective one year from its enactment, re-emphasizes the redundancy of Section 52 of the Charter, stating that “all judges of this State or any of its subdivisions shall be appointed by the Governor by and with the consent of the majority of all members elected to the Senate for such terms as shall be fixed by the constitution or state law”. Should Council approve the committee’s recommendation by maintaining Section 52 as presented, Mr. Ruane stated that the City would, in effect, be countering what has been legislated in terms of appointments. Minimally, Council would be required to amend Section 52 if it is decided to be maintained.
2)There has been research done by groups which indicate that the continuation of Alderman Courts are, in effect, unconstitutional. Mr. Ruane advised members that as a result, the 142nd General Assembly passed a HR 41, which provides history of this issue. He indicated that the Resolution states that in 1999, a study of the Delaware Alderman Courts was undertaken by a subcommittee of the Long-range Courts Planning Committee, and the findings of that were that the constitutional authority of Alderman Courts under Article IV of the Delaware Constitution is subject to question. It was the opinion of this subcommittee that Alderman Courts are most likely unconstitutional. Following up in 1992, an additional study of the Alderman Courts was completed by the Alderman Study Subcommittee of the Long-range Courts Planning Committee and concurred with the 1990 study re-affirming the conclusion that the constitutional authority of Alderman Courts is extremely questionable and led to the Delaware Supreme Court’s decision State versus Wilson. In May 1994, the Commission on Delaware Courts 2000 issued a final report stating that the jurisdiction of the Alderman Courts should be transferred to the Justice of the Peace System and agreed that the constitutionality of the Alderman Courts is extremely questionable.
Mr. Ruane questioned why, in light of this information, the City of Dover would want to continue including in its Charter, the Alderman. As such, he felt there is ample evidence to support an amendment to the committee’s recommendation.
Mr. Ruane moved to delete Section 52 and related sections that suggest that the City of Dover has an Alderman’s Court of the City Charter from the Reincorporation Legislation that will be forwarded to the General Assembly for amending the City Charter. The motion was seconded by Mr. Hogan.
Responding to Mr. Hogan, it was the opinion of the City Solicitor Rodriguez that an Alderman is considered a judge; therefore, if Section 52 were to remain in the City Charter, it would be necessary to amend it in order for the City to comply with State law. He reminded members that Deputy City Solicitor Pepper was very adamant about maintaining the Alderman in the City Charter.
For clarification purposes, Mr. Hogan stated that although there is reference of an Alderman, there is no mention of an Alderman Court in the City’s Charter.
If Section 52 was amended to comply with State law, Mr. Hogan questioned if the Alderman would have the necessary authority and if the Governor would even make such appointments.
Responding, City Solicitor Rodriguez stated that the general consensus is that both the judiciary and General Assembly opposes the City having an Alderman Court.
Mr. Ritter suggested that this matter be referred back to the committee for consideration of amending Section 52 to comply with State law.
Mr. Ruane also noted concerns with comments regarding the Justices acting on behalf of the City of Dover and that he has requested historical information to substantiate these claims, which has not been provided to date. However, if there are problems, he explained that he City can approach the administrator of the Courts along with Representative Wagner, who has a keen interest in this matter and has indicated a willingness to assist the City with any concerns, and convene those magistrates in our jurisdiction and require them to be oriented, be more responsible, and more educated on the City’s Code so that the City is provided all due and proper service by that court.
The motion to delete Section 52 and related sections that suggest that the City of Dover has an Alderman’s Court of the City Charter from the Reincorporation Legislation that will be forwarded to the General Assembly for amending the City Charter failed by a roll call vote of five (5) yes and three (3) no (Mr. Hogan, Mr. Ruane, and Mrs. Williams) (Mr. Salters absent).
Mr. Slavin moved to withdraw his motion for the purpose of referring this matter back to the Legislative, Finance, and Administration Committee and requesting that Deputy City Solicitor Pepper attend the meeting to allow for due diligence in understanding this issue. The seconder, Mr. Sadusky concurred, and the motion was carried by a unanimous roll call vote (Mr. Salters absent).
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 (Mr. Salters absent).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 16, 2005
The Safety Advisory and Transportation Committee met on February 16, 2005 with Chairman Ritter presiding.
Update - DelDOT Projects (Gary Laing)
Mr. Gary Laing, DelDOT Municipal Liaison, provided the committee with the following updates:
Traffic Loop - Delaware State University/Dover Mall/Dover Downs
There have been discussions of a traffic loop for Delaware State University, Dover Mall, and Dover Downs, including expansion plans of the involved parties. Discussions have also begun on how to alleviate traffic conditions, especially on Route 13. DelDOT has requested the owners of the Dover Mall to provide a proposal on how their expansion will incorporate ways of alleviating traffic conditions on Route 13.
West Dover Connector Project
A West Dover Connector working group meeting is scheduled for Wednesday, March 23, 2005 at 4:30 p.m. at the Modern Maturity Center. The group will discuss the information from the Workshop that was held in November 2004.
Rodney Village Civic Association
DelDOT will be represented at the meeting of the Rodney Village Civic Association being held next week. Leadership has changed within this organization and DelDOT is addressing the organization’s misconceptions of DelDOT projects and hopes to clarify matters at this meeting.
Traffic Signalization Projects
The Traffic Signalization Project is well underway.
Walker Road Project Construction
Construction on the Walker Road Project will resume in the spring.
Mr. Ritter requested Mr. Laing to provide members with an update on the Traffic Studies - SR1/Route 8 and East Dover Housing Development Projects and South Governors Avenue at the March 16, 2005 meeting. Mr. Ruane requested that the committee also be given an update on the top three (3) transportation projects that were sent to Secretary Hayward on January 26, 2005.
Proposed Ordinance Amendments - Section 7-7 - Fire Prevention (Sprinklers)
During their meeting of January 12, 2005, the City’s Fire Marshal, Mr. Truax, provided a PowerPoint Presentation of recommended Code amendments related to fire suppression. As a result, Mr. Truax, presented proposed ordinance amendments to create a new Section 7-7 - Fire Prevention (Sprinklers) to the Dover Code. He advised members that the State Fire Marshal’s Office has reviewed and supports the proposed ordinance amendments. Also, the Chamber of Commerce participated in the development of the ordinance and supports the amendments.
Due to the lack of a quorum, there was no recommendation forwarded by the committee.
At the request of Mr. Ritter, Mr. Truax briefed members on the proposed ordinance amendment, explaining that it would create a new Section specifically to address sprinkler requirements.
Mr. Ritter moved for approval of the proposed ordinance amending Section 7-7 of the Dover Code, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Resident Concerns - Loud Car Bass Music, Loitering, Noise, and Suspicious Rentals (Eric O’Brien)
Mr. Eric O’Brien, 30 North New Street, discussed with members his concerns of the quality of life surrounding his residence. He noted problems of loitering, prostitution, and criminal activity that continues to go on after bringing this to the City’s attention for the past thirteen years. Mr. O’Brien read a letter to members and advised members that on April 29, 2004, a ninety page report was submitted to the Human Relations Commission and they continue to ignore his request. Mr. O’Brien requested that Mr. Ritter forward a copy of his Human Relations Commission Intake Form, with attached notes, to Mr. John Kotzun, Chairman of the Human Relations Commission.
Mr. Ritter thanked Mr. O’Brien, and stated that the City of Dover is working diligently to make improvements; however, it does take time. He stated that a letter had been sent to the State of Delaware requesting that the General Assembly consider the passage of legislation to prohibit the installation of loud-sounding stereo systems and the committee recommended to Council that four new officers be hired for the Quality of Life Task Force.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
MONTHLY REPORTS - JANUARY 2005
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda (Mr. Salters absent):
Budget Report
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
ANNUAL REPORTS - FIRE DEPARTMENT AND POLICE DEPARTMENT
By consent agenda, Mr. Carey moved for acceptance of the Annual Reports of the Fire Department and the Police Department (as on file in the Office of the City Clerk), seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
FIRST READING - PROPOSED ORDINANCE
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:
Chapter 7 - Fire Prevention and Protection, Article I - In General, Section 7-7 - Sprinkler Requirements (Safety Advisory and Transportation Committee)
REZONING REQUEST/FIRST READING - 585 FOREST STREET, 111 SOUTH WEST STREET, AND 122 SOUTH KIRKWOOD STREET, OWNED BY ROBERT M. DUNCAN
A request was received to rezone property located on the north side of Forest Street between South West Street and South Kirkwood Street, being 585 Forest Street, 111 South West Street, and 122 South Kirkwood Street, owned by Robert M. Duncan. The properties are currently zoned C-3 (Service Commercial) and C-2 (Central 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 Carey, seconded by Sadusky, Council unanimously referred the request to the Planning Commission on March 21, 2005 and set a public hearing before City Council for April 11, 2005 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 585 FOREST STREET, 111 SOUTH WEST STREET, AND 122 SOUTH KIRKWOOD STREET.
COUNCIL MEMBERS COMMENTS
Mr. Ruane commended the City Chaplain, Reverend Wallace Dixon, who was recently presented with the AGAPE Award at a banquet held on March 5, 2005 at the Modern Maturity Center. He noted that such an award indicates the commitment of the recipient to family and community.
Responding to Mr. Sadusky, Mr. DePrima stated that although he felt it was too early to provide an opinion on his new hybrid vehicle, it is currently achieving 21 miles to the gallon in town.
Mr. Carey moved for adjournment, seconded by Mr. Sadusky, and unanimously carried.
Meeting Adjourned at 8:21 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 7, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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