REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 13, 2004 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, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, 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.
Dr. Robert Cunningham, 50 Greenway Square, Apartment M-31, relayed concerns regarding the City’s brown water situation and the potential for the organism Giardia. He advised members of the symptoms of Giardia in humans, as well as how the organism lives and multiplies.
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. Pitts and unanimously carried.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 22, 2004
The Minutes of the Regular Council Meeting of November 22, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
RESOLUTION - DISCLOSURE OF CONFLICT OF INTEREST FOR COUNCILWOMAN WILLIAMS AND REAFFIRMATION OF GRANT AWARD TO AID IN DOVER, INC.
Members were provided a Resolution to reaffirm the decision approving the 2003 grant awarded to Aid in Dover, Inc. by recognizing and disclosing that Councilwoman Beverly Williams’ conflict of interest is that she serves as the Executive Director of Aid in Dover.
Mr. DePrima recommended that the 4th paragraph of the Resolution, which states: “Whereas, the City Solicitor has found that providing funding to Aid In Dover, Inc. for their recreation program supplies does not violate state or local laws”, should be stricken since the funding purpose is incorrect and also the City Solicitor’s opinion does not reference recreation program supplies.
Mr. Salters moved that the proposed Resolution, as revised, be read by the City Clerk, seconded by Mr. Carey and unanimously carried.
The City Clerk read the Resolution, as revised by eliminating the 4th paragraph as recommended by the City Manager, into the record.
Mr. Salters moved for adoption of the Resolution as read, seconded by Mr. Carey.
Responding to questions of Mr. Ruane, Mr. Galvin explained that the Resolution is in accordance with the exception process under HUD guidelines. The process clarifies previous action and provides for public disclosure.
In response to Mr. Hogan, Mr. DePrima stated that although Councilwoman Williams excused herself during the consideration of the CDBG Action Plan, which included the grant for Aid in Dover, Inc., and then abstained from voting on the issue, because she did not state her specific conflict of interest, that being that she serves as the Executive Director of Aid in Dover, this exception process is required.
Concurring with Mr. Hogan, Mr. Galvin explained that Council is simply formalizing the disclosure of the conflict of interest and reaffirming its previous decision; the vote will not be for the allocation of the funds.
Mr. Ruane explained his opposition to the Resolution, feeling that if Council was properly advised at the time the allocation was approved, he would have voted differently. He expressed his concern with presenting an exception to a conflict of interest “after the fact”. It was his feeling that the integrity of the program may be diminished if it is perceived that someone in an authoritative position has an opportunity to benefit from the program; therefore, he will not support the Resolution in an effort to protect the reputation of the City’s CDBG program.
Mr. Carey called for the question, seconded by Mr. Hogan and carried by a roll call vote of five (5) yes, three (3) no (Mr. Pitts, Mr. Ritter, and Mr. Ruane), and one (1) abstention (Mrs. Williams).
Prior to calling for the vote on the Revised Resolution, Council President Williams disclosed her conflict of interest in this matter, that being that she is the Executive Director of Aid in Dover, Inc. and therefore, would be abstaining on the voting on this issue.
By a roll call vote of five (5) yes, three (3) no (Mr. Pitts, Mr. Ritter, and Mr. Ruane), and one (1) abstention (Mrs. Williams), Council adopted the following Resolution:
WHEREAS, Aid in Dover, Inc. applied to the City of Dover Community Development Block Grant Program on February 28, 2003 for a $25,000 grant for the rehabilitation of a Youth Activity Center for troubled youth; and
WHEREAS, City Council approved the Fiscal Year 2003 Action Plan including the grant for Aid in Dover, Inc. at the May 12, 2003 City Council Meeting, at which Councilwoman Beverly Williams abstained from voting because of a conflict of interest, without specifying the exact nature of the conflict of interest; and
WHEREAS, one of the criteria for granting an exception to the Community Development Block Grant Conflict of Interest requirements by the United States Department of Housing and Urban Development, as outlined in 24 CFR 570.611(d)(2), is an assurance that there has been public disclosure of this conflict and a description of how the public disclosure was made.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER reaffirms its decision approving the 2003 grant awarded to Aid in Dover, Inc., recognizing and disclosing that Councilwoman Beverly Williams’ conflict of interest is that she serves as the Executive Director of Aid in Dover, Inc.
ADOPTED: DECEMBER 13, 2004
DRAFT - BILL OF SALE, ASSIGNMENT, AND ASSUMPTION
Mr. DePrima, City Manager, reminded members that construction was recently completed on the 230 kV Tie Project, which is the substation located on the east side of the City (Cartanza Substation). Although the City is building the station, the City will turn over to Conectiv the portion which is required for their side of the interconnection and they will own and operate the equipment where their electric is brought into the station and then channeled into the City’s system. The Bill of Sale, Assignment, and Assumption authorizes the transfer of the assets from the City of Dover to Delmarva Power & Light (Conectiv).
Mr. Carey moved to authorize the City Manager to proceed with the Bill of Sale, Assignment, and Assumption with Delmarva Power & Light Company (Conectiv Power Delivery) as presented, seconded by Mr. Slavin.
At the request of Mr. Ruane, Mr. DePrima reviewed the 230 kV Substation material and equipment cost summary, totaling $1,181,123.34. He explained that the new substation is the City’s new point of delivery of energy from the national grid into the City’s tie system. When the City’s power is not being generated on-site, this will allow the City to import as much energy as needed (estimated for at least 20 years in the future). Mr. DePrima stated that when electric companies and municipalities wish to connect to other electric companies, this is the type of arrangement that is made. The 230 kV side of these stations are owned by Conectiv and the City owns the 69 kV side. This station will provide a more reliable and viable service and the asset is being given to them to operate to serve the City of Dover.
By a unanimous roll call vote, Council authorized the City Manager to proceed with the Bill of Sale, Assignment, and Assumption with Delmarva Power & Light Company (Conectiv Power Delivery) as presented.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1462 NORTH LITTLE CREEK ROAD, (OWNED BY RICHARD E. DEVINCENTIS)
An annexation referendum was held on December 2, 2004 for property located at 1462 North Little Creek Road, containing 4.7143+/- acres, owned by Richard E. Devincentis.
Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter: One (1) vote was cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Ritter and carried by a unanimous roll call vote.
Annexation
By motion of Mr. Carey, seconded by Mr. Sadusky, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain lot, parcel or piece of land with improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying on the south side of North Little Creek Road (State Route 8 - 60'wide right-of-way), said parcel being bounded on the north by North Little Creek Road, on the east by The Village At Grandview, on the south by lands now or formerly of Joseph M. Satterfield, and on the west by lands now or formerly of Joseph M. Satterfield and lands now or formerly of Herman E. Moore, and is more specifically described below to wit:
Beginning at a found concrete monument in the northwesterly corner of the parcel, said point being approximately 598.00 feet more or less in a southeasterly direction from the intersection on North Little Creek Road and Acorn Lane. Thence from said point of beginning and running along the southerly right-of-way line of North Little Creek Road 1) along a curve deflecting to the right and having a radius of 2,829.77 feet and an arc length of 309.07 feet to a point, said point being a point for this property and the southeasterly right-of-way line of North Little Creek Road; thence continuing with the southeasterly right-of-way line of North Little Creek Road 2) South 66 26' 00" East, a distance of 11.35 feet to a found iron pipe in the southerly right-of-way of North Little Creek Road, said point being a corner for this property and the lands of The Village At Grandview, thence leaving said corner and running with the lands of The Village At Grandview 3) South 15 35' 35" West, a distance of 722.00 feet to a found iron pin, at a corner for this property and lands of Joseph M Satterfield; thence leaving said corner and running with the lands now or formerly of Joseph M. Satterfield the following six courses and distances 4) North 39 14' 14" West, a distance of 83.39 feet to a point, thence 5) North 38 41' 27" West, a distance of 73.56 feet to point; thence 6) North 49 32' 39" West, a distance of 94.45 feet to a point; thence 7) North 46 49' 29" West, a total of 103.74 feet to a point; thence 8) North 65 49' 28" West, a distance of 16.78 feet to a found concrete monument, said point being a corner for this property and lands of said Satterfield; thence turning and continuing with said lands of Satterfield 9) North 15 35' 35" East, a distance of 422.62 feet to a found iron pipe, at a corner for this property and lands of Herman E. Moore; thence turning and continuing with said lands of Moore 10) South 72 57' 57" East, a distance of 3.00 feet to a found iron pipe, at a corner of this property and said lands of Moore; thence turning and continuing with said lands of Moore 11) North 15 35' 35" East, a distance of 145.00 feet, to the place of beginning, containing 4.7143 acres of land, be the same, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 14th day of December, 2004 at 12:01 a.m. o'clock.
ADOPTED: DECEMBER 13, 2004
Public Hearing - Zoning Classification
Mr. James Galvin, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended a zoning classification of RG-2 (General Residence), subject to the AEOZ (Airport Environs Overlay Zone) standards and requirements.
Council President Williams declared the public hearing open.
Mr. Greg Moore of Becker Morgan Group, as project engineer, advised members that the applicant, Mr. Gary Stover (Stover Homes), was present if there were any questions regarding the project.
Council President Williams declared the public hearing closed.
Mr. Carey moved that the property be zoned RG-2 (General Residence), subject to the AEOZ (Airport Environs Overlay Zone) standards and requirements, as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and by a unanimous roll call vote, Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of October 25, 2004):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1462 NORTH LITTLE CREEK ROAD
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 BN - Business Neighborhood and RMH - Residential Manufactured Home (Kent County zoning classification) to RG-2 - General Residence and AEOZ - Airport Environs Overlay Zone (City of Dover zoning classification).
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 has been amended by changing the zoning designation from BN - Business Neighborhood and RMH - Residential Manufactured Home (Kent County zoning classification) to RG-2 - General Residence and AEOZ - Airport Environs Overlay Zone(City of Dover zoning classification) on that property located at 1462 North Little Creek Road, owned by Richard E. Devincentis.
ADOPTED: DECEMBER 13, 2004
UTILITY COMMITTEE REPORT - NOVEMBER 22, 2004
The Utility Committee met on November 22, 2004 with Chairman Carey presiding.
Dedication of Infrastructure - Pump Station #37 (Delaware State University - University Village Apartments)
Mr. DePrima reported that Delaware State University recently completed construction of University Village Apartments, which is located on the southern end of the campus along College Road. During the site plan review for the apartment complex, City staff and the design engineers determined that a pump station would be necessary to supply sanitary sewer service to the new complex. The other pump station located on the campus is owned and maintained by the City of Dover; therefore, City staff directed the university to design and construct a pump station based on the City’s requirements so the improvements could be dedicated to the City of Dover once construction was completed. All gravity mains will be owned and maintained by Delaware State University. A 10-hp Smith & Loveless Vacuum Prime Pump Station was constructed, along with approximately 750 linear feet of 4” diameter PVC force main. A map of the improvements was provided for reference. The estimated value of the constructed improvements is $217,375.50.
The committee recommended acceptance of the dedication of Pump Station #37 (Delaware State University - University Village Apartments) for ownership and maintenance by the City of Dover.
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.
Engineer’s Annual Report on the Electric System
The City of Dover Electric Bond Resolution requires that the City retain an independent engineering consultant to inspect the City’s electric system and to review the electric budgets and insurance program. The City contracted with Burns & McDonnell to perform this year’s analysis. The report provides the information related to their annual review for the Fiscal Years 2002 - 2004. Mrs. Mitchell reviewed the report and provided comparisons to the FY 2002 report.
The committee recommended acceptance of the Engineering Consultant’s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2004.
By consent agenda, Mr. Carey moved for acceptance of the committee’s recommendation, seconded by Mr. Sadusky, and carried by a unanimous roll call vote.
Annexation Request - 1462 N. Little Creek Road
Members were provided the Petition to Annex and Zone Property, the Findings and Recommendations of the Dover Planning Commission, and Plan of Services Report for property located at 1462 N. Little Creek Road. Mr. Galvin advised members that the Planning Commission recommended that this request for annexation be approved and that the property be zoned RG-2 (General Residence Zone) upon annexation and subject to the AEOZ (Airport Environs Overlay Zone).
The committee recommended approval of the Planning Commission’s recommendation for annexation of property located at 1462 N. Little Creek Road, based on the determination that there are adequate utilities to serve the property. It is noted that final action on this annexation request took place during the earlier part of this meeting.
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 Utility Committee Report, seconded by Mr. Sadusky and unanimously carried.
APPOINTMENT - COUNCIL EMPLOYEES
It was suggested that staff prepare ordinance amendments to allow for these appointments to be made during the Annual Meeting, as are other staff appointments.
Building Inspector
Mr. Salters moved to appoint Mr. James Galvin to serve as Building Inspector, seconded by Mr. Carey and carried by a unanimous roll call vote.
City Assessor
Mr. Salters moved to appoint Mr. Jerome Cooper to serve as City Assessor, seconded by Mr. Carey and carried by a unanimous roll call vote.
Assistant Assessor
Mr. Salters moved to appoint Ms. Cheryl Russell to serve as Assistant City Assessor, seconded by Mr. Carey and carried by a unanimous roll call vote.
RECONSIDERATION OF COUNCIL ACTION ON NOVEMBER 22, 2004 - SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT OF NOVEMBER 9, 2004 - REVIEW OF CITY CHARTER
During their meeting of November 22, 2004, members considered a recommendation of the Legislative, Finance, and Administration Committee for the City Clerk and City Manager to conduct a review of the City Charter (H.B. 59, which was introduced in the 142nd General Assembly, proposed for Reincorporation) for the purposes of identifying any discrepancies or conflicts with existing State law or City policies and practices for a report back within 90 days. At that time, Mr. Carey relayed concern with delaying the reincorporation and, as a result, Council directed that the City resubmit the Charter for reincorporation without any further review by staff.
Council President Williams stated that Mr. Salters had relayed confusion after the last meeting, feeling that his vote may have been incorrectly stated; therefore, he requested reconsideration of the question.
Mr. Salters explained that when the vote was taken on the motion, he was of the opinion that it was for approval of the committee’s recommendation. He also noted that staff has been working on the necessary amendments that will address the more egregious conflicts and, therefore, he felt that any concerns with this matter being delayed have been avoided.
Responding, Mr. Carey stated that based on the information received from Mr. Salters, the City Clerk, and the City Manager, he is confident that staff will be prepared to present the proposed amendments to Council in January, which will be in the time frame needed for consideration by the legislators.
Mr. Carey moved to rescind the motion made during the November 22, 2004 Council Meeting regarding the Legislative, Finance, and Administration Committee’s Report on Charter Review to move forward and resubmit the Charter for reincorporation. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Mr. Carey moved to accept the recommendation of the Legislative, Finance, and Administration Committee that the City Clerk and City Manager, with assistance from department heads, conduct a review, at the lead of the City Clerk, of 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 with 90 days. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
EMERGENCY NOTIFICATION SYSTEMS (COUNCILMAN SLAVIN)
Mr. Slavin stated that the recent murder of a City of Dover senior citizen gave the City pause and concern and he relayed condolences to the Trimnell family, as well as the residents of the Kings Court Apartment Complex. He commended the police department for their efforts in successfully bringing this case to closure. Mr. Slavin noted that there was a follow-up meeting with residents of the area and some of the issues mentioned dealt with communication and notification. Specifically, those that lived in the complex did not immediately have knowledge of what had occurred; residents only noticed a police presence. Responding, the police indicated that they would knock on doors in the future. The other issue was that as the manhunt was being conducted in a broader area, there was very little notice to citizens that may have been able to assist.
Mr. Slavin stated that these concerns led to an informal discussion about how the City might better notify residents when such an event is taking place. The reverse 911 system and other notification systems, such as the emergency broadcast system, amber alerts, sex offender notifications, e-mail, city workers, etc were suggested. It was his opinion that the City should consider use of such systems to notify the public about public safety issues such as manhunts, sex-offenders, environmental issues, power outages, etc. With the various options available, Mr. Slavin felt that the City should identify what systems are available and how they could best be implemented to help keep citizens, particularly senior citizens, better informed.
Mr. Slavin moved to direct the City Manager to prepare a report to City Council to be delivered at the Regular Council Meeting on April 25, 2005, which outlines and describes the best and most effective use of these notification systems, that this report be written in consultation with the Mayor, the Police Department, the Fire Department, and other departments as the City Manager sees fit, and that any potential budget implications for our next fiscal year be identified and prioritized for possible inclusion in the FY2006 budget discussions; further, it is directed that the report contain information about the implementation of the Reverse 911 system. The motion was seconded by Mr. Salters and unanimously carried.
Responding to Mr. Ritter, Mr. Slavin concurred that most issues brought before City Council are channeled through a committee; however, due to the nature of this issue, he felt that it warranted the full attention of Council.
COUNCIL MEMBERS COMMENTS
Mr. Salters advised members that there will be a cleanup of the Target Area - “Dunk Your Junk” campaign held on December 16th and 17th, and encouraged residents of the area to participate by cleaning up their homes, yards and alleyways.
Mr. Hogan stated that he recently attended the National League of Cities Convention, which he found to be very informative, and plans to share information with staff and other members of Council.
Members of Council wished everyone a Merry Christmas and a Happy New Year.
Mr. Carey moved for adjournment, seconded by Mr. Salters 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 December 13, 2004, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report