Regular City Council Meeting
iCal

Oct 25, 2004 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on October 25, 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. Koenig (Public Works Director in the absence of Mr. DePrima, City Manager), 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, seconded by Mr. Salters and unanimously carried.

CONSENT AGENDA

Mr. Carey requested the removal of item 8-B, Chief of Police Monthly Report, from the Consent Agenda.

Mr. Carey moved for approval of the consent agenda, as amended. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 11, 2004

The Minutes of the Regular Council Meeting of October 11, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

UPDATE (180 DAYS) - BROWN WATER

Mr. Scott Koenig, Public Works Director, provided a detailed update on the Brown Water 180-Day Plan of Action (Exhibit #1).

PRESENTATION - PARKS AND RECREATION ANNUAL REPORT

Mr. Zachery Carter, Director of Parks and Recreation, provided a Power Point Presentation of the Parks and Recreation Annual Report - 2004 (as on file in the Office of the City Clerk). He reviewed the various programs offered by the Parks and Recreation Department as well as facilities, such as the multi-purpose fields, pavilions, recreation center, stage, and baseball/softball fields. Mr. Carter advised members that fiscal year 2004 proved to be one of their best, generating $102,483.12 in revenue. It was staff’s opinion that the use of the Armory attributed to the additional income. With the opportunity to offer more indoor activities, the City could continually increase annual revenues.

UTILITY COMMITTEE REPORT - OCTOBER 11, 2004

The Utility Committee met on October 11, 2004 with Chairman Carey presiding.

Electric Service Handbook Amendments

Members reviewed housekeeping amendments to the Electric Service Handbook. It was noted that the amendments proposed in Division 1 (Sections 1-507, 1-513, 1-514, 1-521, and 1-522) are necessary due to the rapid advancements in computer/production technology. The amendment to Division IV will add a monthly transformer lease rate for a 300 KVA transformer, which is now available.

The committee recommended approval of the recommended amendments to the Electric Service Handbook as presented by staff.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Updates

Staff updated members regarding the following issues:

Duke Contract

Without disclosing negotiation strategies, Mr. DePrima provided a brief update on the Duke Contract. The City’s negotiations with Duke had been placed on “hold” pending the following issues: 1) electric bond refinancing, which was completed a few months ago; 2) the penalties associated with the bonds; and 3) the change in the company managing the power plant, which was previously owned by a partnership between Duke Fluor Daniels and Duke Energy. Just recently, Duke Fluor Daniels, LLC was taken over solely by Duke Energy North America. When the new company took over, the City’s negotiations were put on hold to allow them an opportunity to better understand some of the operations of the plant and permitting with DNREC. In addition, negotiations were pending the completion of the new 230KV Tie and interconnection agreement.

Mr. DePrima advised members that since these items have been resolved, the plan is to move forward with the negotiations and the goal is to have it completed by the end of the year.

Electric Director Recruitment

Mr. DePrima stated that the Electric Director, Mr. Blakeman, indicated his intentions will be to retire at the end of January 2005. It is expected that the new Electric Director will begin mid-November, which will allow a 60-day turnover before Mr. Blakeman retires.

Electric Rate Study - Public Outreach

Resulting from the committee and Council’s previous directive, Mr. DePrima stated that staff began conducting public outreach with regards to the Electric Rate Study and its recommendations. To date, presentations were made to several large businesses.

Mr. DePrima stated that staff will be developing recommendations for the committee’s review in November and that members would be provided the material in advance to allow for thorough review.

Downtown Street Improvements

Mr. Koenig, Director of Public Works, provided members information on the Downtown Revitalization Project, consisting of 2003 and 2004 Improvement Area Summary, and a map depicting the improvement areas for 2003, 2004, 2005, and those that are State maintained right-of-ways. He explained the segment description for each street included in the project, the estimated costs, actual costs, and funding sources. Mr. Koenig advised members that the City has received positive responses and cooperation from the public in the project area and there has been no reported vandalism to the project work. He stated that this project has been a very worthwhile community improvement.

FCC Comcast Filing

During the committee meeting held earlier this evening, members reviewed FCC Comcast Filings. Mrs. Mitchell, Treasurer/Finance Director, advised members that on August 1, 2004, Comcast filed FCC Form 1240 related to the cost of service for basic cable service and Form 1205 related to cost of equipment installation and service charges. These forms were filed with the City on July 28, 2004 and the City has ninety (90) days to act on these forms. She provided information regarding the filings. The City currently relies on the Public Service Commission audits. The formulas and forms for the calculated rates are provided by the FCC. She stated that the City has no recourse to stop a rate increase when these formulas are followed by the cable company. Staff recommended acceptance of the Comcast FCC Filing, Forms 1240 and 1205. It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 11, 2004

The Legislative, Finance, and Administration Committee met on October 11, 2004 with Councilman Slavin presiding in the absence of Chairman Salters.

Purchasing Policy Amendments

In accordance with page 4, paragraph 3.2(J) of the City of Dover Purchasing Policy, “The City of Dover is not permitted to use any other municipal or private company bid to purchase material”. This prohibits any City department from cooperatively purchasing from any other agency or cooperative of agencies. During the past year, the cities of Newark, Milford, and Lewes, and the Delaware Electric Cooperative have expressed an interest in future cooperative purchasing with the City of Dover. Mr. DePrima advised members that cooperative purchasing will result in the City achieving a cost savings and that a comparison of prices bid by the City to prices offered by U.S. Communities has determined a potential savings of up to 40%. Numerous cities, counties, and states authorize cooperative purchasing, including the State of Delaware (Title 29, paragraph 6933).

Staff recommended that paragraph 3.2(J) of the City of Dover Purchasing Policy be amended to read: “The City of Dover is permitted to use state, county, municipal, and other government or private company contracts to purchase material once it has been determined that the procedures outlined within this policy will not be violated. Any deviation from this policy for the purpose of cooperative purchasing must be approved by the City Manager prior to entering into any purchase agreement.”

The committee recommended approval of the amendment to paragraph 3.2(J) of the City of Dover Purchasing Policy as recommended by staff.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Proposed Charter Amendments

During the early part of this year, the Legislative, Finance, and Administration (LF&A) Committee reviewed proposed Charter and Code Amendments. As a result, Mayor Speed (who served as Chairman of the LF&A Committee during the review), submitted recommended changes to the City Charter. He reminded members that the changes include simple language changes that were recommended and approved by Council as a part of the City’s reincorporation amendments, but have not been approved by the General Assembly.

Due to the absence of Chairman Salters, it was suggested that the discussion be for informational purposes only and that no action would take place by the committee until the Chairman returns. Mr. Slavin clarified that members should not submit additional comments regarding amendments to the Charter and Code at this time; however, members should relay any questions or concerns regarding the Mayor’s proposal during this presentation.

Mayor Speed provided members with the comprehensive Charter review document, the minutes from the previous committee meetings when the review was conducted, and an explanation of the recommended changes. Mayor Speed reviewed and explained the recommended amendments to Section 3 through Section 10.

After much discussion, the committee recommended that the Legislative, Finance, and Administration Committee schedule workshop hearings to discuss this Charter review. It was also suggested that staff provide a visual presentation during the workshop sessions and that members aggressively seek public input on this matter.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters 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. Salters and carried by a unanimous roll call vote.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 12, 2004

The Parks, Recreation, and Community Enhancement Committee met on October 12, 2004 with Chairman Pitts presiding.

Home Ownership in Target Area

Ms. Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority, and her assistant, Ms. Renee Smith, reviewed a fact sheet provided to members regarding the Dover Community Partnership (DCP). The mission of the DCP is to promote home-ownership opportunities to families, regardless of income level, in the City of Dover target area, which consists of a 20 block area in need of revitalization. The DCP Advisory Board is a partnership of representatives of Senator Carper’s Office, City of Dover, City Council, Dover Housing Authority, Wesley College, Fannie Mae, NCALL, and the Delaware State Housing Authority.

Members were provided a map of the target area, which depicted the status of the properties. Ms. Sebastian-Hauer explained that the nine (9) block area for Phase I of the project will be comprised of the properties located between Mary Street south to Division Street, and Governors Avenue west to North Queen Street. This area consists of 131 properties: 6 vacant lots, 2 condemned properties, 4 properties for sale, 58 rental housing, 37 owner occupied, 11 commercial properties, and 10 church owned properties. The goal is to have home-ownership for Phase I increase by 7%.

By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - OCTOBER 13, 2004

The Safety Advisory and Transportation Committee met on October 13, 2004 with Chairman Ritter presiding.

Proposed Letter to the General Assembly Requesting Sound Amplification Systems in Vehicles be Prohibited (Continuation from Committee Meeting of June 16, 2004 - Discussion - Proposed State Legislation, S.B. 165, An Act to Amend Title 21 of the Delaware Code Relating to Unlawful Use of Sound Devices and Section 14-8 of the Dover Code)

During their Regular Meeting of June 16, 2004, members reviewed proposed S.B. 165, which would create a motor vehicle crime for playing one’s stereo too loudly, as well as Section 14-8 of the Dover Code. After much consideration, members suggested amendments to Section 14-8 of the Dover Code (subsequently adopted on July 26, 2004), and requested that, if the City Solicitor determined that certain stereos could be prohibited in motor vehicles, staff draft a letter to the General Assembly requesting that they consider this possibility, and that the letter be brought back to the committee for their review and recommendation.

Members reviewed the draft letter to the General Assembly and suggested that the letter should be signed by Chairman Ritter rather than the City Clerk.

The committee recommended approval of the letter to the General Assembly and that it be signed by Chairman Ritter.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Report by Police Chief - Cost Estimate for Quality of Life Task Force (Requested at Special Committee Meeting of September 22, 2004)

Chief Horvath provided members cost estimates to provide one officer for the Quality of life Task Force. He also advised members of the results of the six (6) officer Quality of Life Task Force enforcement for most of July and the first part of August 2004.

Mr. Ritter stated that no less than 60% of the revenue received from the Electronic Red Light Safety Program must be obligated to Public and Traffic Safety, which should be considered in the budget process.

It was the consensus of the committee to defer this item for two (2) to four (4) weeks in order for Mr. DePrima, City Manager, to provide an update of the Electronic Red Light Safety program, including projected revenue and expenses, and the locations of the remaining cameras.

Review of Bicycle and Pedestrian Needs for Dover (Chris Asay)

Mr. Chris Asay, 516 Carol Street, provided the following information as an overview of the bicycle and pedestrian needs in Dover:

Intersection of Saulsbury Road & Route 8 Needs Pedestrian and Bicycle Facilities

Crosswalks, signals, and painted bike lanes are need in the intersection. Painted bike lanes are needed on Saulsbury Road heading south from Route 8 to Water Street and on the north side of Route 8 between Weston Drive and Carver Road approaching the intersection with Saulsbury Road. The latter is a 2-block gap in the extensive bike lane along Route 8 from the railroad tracks east to Greentree Village. Currently there is a project in the DelDOT pipeline process to modify the Saulsbury/Rt 8 intersection to prevent left turns from Saulsbury Road into the gas stations & into Subway. This presents an excellent opportunity to upgrade the bike/ped situation at the same time, if we are able to communicate our priorities to DelDOT in a timely manner.

Mr. Laing, DelDOT Municipal Liaison, stated that this is a very difficult intersection due to the number of east/west and north/south lanes. He also noted that the State encourages trucks to use this route when traveling to the industrial areas.

Bike & Pedestrian Connection Between Schutte Park and Crossgates Neighborhoods

Mr. Asay noted that this connection would involve crossing the railroad tracks and constructing a trail through woods along Puncheon Run. This plan was being developed by DelDOT; however, it has been delayed pending a decision on the route of the West Dover Connector.

College Road, East of McKee Road Needs Pedestrian and Bicycle Facilities

Narrow, shoulder-less road should be widened and sidewalks and painted bike lanes should be added. This is an important connecting route to downtown Dover from the Fox Hall neighborhoods. An upgrade of this road has been on the list of proposed projects list of the Dover/Kent MPO since last year.

Mr. Laing reported that, although space is limited, sidewalks are being constructed on this road.

Dover-Kenton Road, from Walker Road to Denny’s Road

Narrow road should be widened and sidewalks and painted bike lanes should be added. This is an important connecting route to downtown Dover from the Fox Hall West neighborhoods, and proposed housing developments. An upgrade of this road is now on the Dover/Kent MPO list of proposed projects.

Mr. Laing felt that this area would be reviewed in the near future.

Bicycle and Pedestrian Connections Along Businesses on East Side of Route 13, From Bucson Drive To The Dover Mall.

A north-south route paralleling Route 13 which connects neighborhoods and businesses and does not put bike riders on the shoulder of the highway is needed. (Portions of this proposal are on the Dover/Kent MPO list of proposed projects.)

Mr. Laing reported that the area from Towne Point to the Dover Mall is scheduled for review.

Physical Barriers to Bicycle and Pedestrian Use in Dover

Mr. Asay noted that the City’s goal is to have Dover residents, wherever possible, replace short trips using the automobile with trips made by walking or using a bicycle. This will not only reduce automobile traffic congestion, air pollution, and street maintenance costs, but, through the physical exercise involved in walking and bicycling, improve the general physical and mental health of the citizens. While few people will choose to walk or bike just so that others driving autos will experience less traffic congestion, a significant portion of our population is actively motivated to improve their own health and well-being, and would be willing to consider walking and bicycle riding to achieve those ends.

In order to encourage citizens to walk or use their bicycles, routes must appear comfortable and safe, primarily from automobile traffic. A route will only be considered “safe” if it appears safe along its entirety. Citizens can be encouraged to walk by providing continuous sidewalks with crosswalks at busy intersections, such as the intersection of North Street and Mifflin Road. To encourage citizens to use a bicycle, designated bicycle routes, either painted on the road shoulder (such as those along South State Street Extension) or off-road routes (such as that along parts of Saulsbury Road) are necessary. Many neighborhood streets in Dover are ideal for bicycle and pedestrian use since they have low volumes of auto traffic, good pavement quality, and continuous sidewalks on both sides of the road.

There are two major barriers to east-west movement in Dover: The railroad tracks and the St. Jones River. Flanking these are two secondary barriers, Saulsbury Road and Route 13. All four (4) of these barriers interrupt the networks of small neighborhood roads so that the city is divided into three major parts, with other small pockets of neighborhoods. In addition, Silver Lake and its tributaries divides the central portion of the city from its northern parts in a line between the North State Street bridge over Silver Lake and McKee Road. Similarly, Puncheon Run divides central neighborhoods from the southern neighborhoods. There are limited access ways across the barriers, all of which are dominated by automobile traffic, making bike and pedestrian use difficult, if not dangerous. On the east side of Dover, Route 13 is also a major north-south-running barrier. On the west side of Dover is Saulsbury Road, with higher speed and volume of auto traffic.

Barrier crossing points are key areas requiring facilities to encourage bicycles and pedestrians. Boldly striped pedestrian crosswalks, pedestrian crossing lights and painted bike lanes are the most common facilities. As an alternative, crossings for bikes and pedestrians that are completely separate from automobile traffic are another option. An example of this would be the dam and the bridge, both at Silver Lake Park, which allow bikes and pedestrians to cross the St. Jones River. All of the above-mentioned major barrier crossings are part of state-owned highways. It is imperative that the City of Dover maintain consistent and persistent communication with DelDOT and their project “pipeline” process to meet these objectives. The Planning Department should refer to this overall concept so that, as development continues in this community, modifications relating to bike and pedestrian use can be made whenever the opportunity presents itself.

Mr. Asay stated that the first four (4) projects are part of DelDOT’s road upgrades and suggested that making them a higher priority for the City would accelerate the process.

Updates

West Dover Connector (Mr. Gary Laing, DelDOT Municipal Liaison)

Mr. Laing reported that a meeting of the working group will be held on Wednesday, October 20, 2004 at 5:30 p.m. at the Modern Maturity Center. They will be reviewing material from the first two meetings and selecting a display for the Public Workshop, which is tentatively scheduled for November 10, 2004. Mr. Ritter requested Mr. Laing to provide the workshop information to the City Clerk’s Office so that it could be forwarded to the committee.

Traffic Studies - SR1/Route 8 and East Dover Housing Development Projects

Mr. Laing stated that the report would probably be available in November. He noted additional staff has been assigned to the help review the studies.

Statewide Bicycle Facility Master Plan - Report on Public Workshop held on September 29, 2004 (Chris Asay)

Mr. Asay reported that the Master Plan proposed for three (3) north/south State bike routes and several east/west Regional bike routes. It was Mr. Asay’s feeling that cyclists would not want to ride along a major highway. Mr. Laing stated that the State has a Master Plan for bike routes in all three counties; however, they will probably be used more for recreation than for everyday use.

Responding to Mr. Ritter, Mr. Asay requested the Safety Advisory and Transportation Committee to relay to DelDOT that the five (5) areas of concern are a priority for the City of Dover. Mayor Speed advised members that some of the items were already prioritized and provided to the Dover/Kent Metropolitan Planning Organization (MPO). Mr. Ruane reminded members that Mr. Asay was requested by the committee to highlight the areas of need for bicycles and pedestrians and he is only suggesting that the City relay that they would like pedestrian and bicycle improvements included in DelDOT projects.

Mr. Galvin suggested that Mr. Asay and Mr. Speicher of the Planning and Inspections Department work together to produce display maps clarifying the areas of concern. Mr. Ritter suggested that Mr. Galvin contact the City Clerk’s Office when the information is ready for presentation.

Mr. Ruane requested that an update on the City’s revised East Loockerman Street Gateway Project be presented at the next meeting.

By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

MONTHLY REPORTS - SEPTEMBER 2004

By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:

            Budget 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

Mr. Carey commended Police Chief Horvath on the substantial drug seizure on September 16, 2004, noting that those drugs will not be on the streets of the City of Dover.

Mr. Ritter moved for acceptance of the Chief of Police Report for September 2004, seconded by Mr. Carey and unanimously carried.

SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY

In accordance with Section 7-18 of the City Code, the City Manager, Mr. Anthony J. DePrima, met with the Fire Chief to discuss fire company issues. He discovered that the equipment and facilities are being maintained in excellent condition. The following points were noted during the on-site visit:

1)Volunteer response rate remains strong to fire calls. The average turnout for a general alarm is 28.

2)Training activity: There are ten (10) new members since the last report. Two (2) members are attending basic firefighter training. All drivers have gone through re-training on all equipment. There are eight (8) new engine and ladder drivers. Specific training in water rescue and high angle rescues also occurred.

3)Year to date fire calls total742; 92 less than last year.

4)The Foam Unit has been delivered, and the new Command Vehicle has been delivered as well.

5)Dispatch operations are normal. There are no problems to report. One retirement occurred in September.

6)For Fire Prevention Week (October 4 -11) over 4,000 children were scheduled to tour the firehouse.

7)The Building Committee is moving forward to prepare for future renovations to Headquarters. They have applied to the Planning Commission for site plan approval and contractor selection is occurring.

By consent agenda, Mr. Carey moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, seconded by Mr. Salters and carried by a unanimous roll call vote.

APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 13, 2004

The Robbins Hose Company election is scheduled for November 13, 2004. The following persons have been recommended to serve as judges for the election:

      1.   John M. Hurd             2.   James Hurley, Jr.              3.   Kline Kemp (alternate)

By consent agenda, Mr. Carey moved for approval of the appointment of judges for the Robbins Hose Company election, seconded by Mr. Salters and carried by a unanimous roll call vote.

BID - PURCHASE OF A 37' AERIAL BUCKET TRUCK, MOUNTED ON A 2005 INTERNATIONAL 4300 CHASSIS

The specifications for an Articulating/Telescope Aerial Device were bid to replace the current 1995 International with a Versalift VST4000 Aerial Device (Vehicle #759). This truck has multiple uses for both overhead and underground line work. It is crucial for this truck to be dependable for service work and trouble calls. The boom is worn and is now slow and the mechanical parts are slopping and will soon be in need of major repairs. These types of problems create severe safety issues.

Staff recommended the purchase of one (1) 37' Aerial Bucket Truck from Altec Industries, the low bidder, in the amount of $98,200.

Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

BID - PURCHASE OF A 2005 BACKHOE/LOADER

The Department of Public Works currently owns and maintains a 1988 JCB Backhoe Loader (Vehicle #682) as part of the equipment fleet for the Water/Wastewater Division. Staff contacted Folcomer Equipment Corporation of Greenwood, Delaware, the vendor for the State of Delaware Department of Transportation contract and developed a price quote using the State Contract plus some adjustments for digging buckets.

Staff recommended awarding a purchase order to Folcomer Equipment in the amount of $75,614 for the purchase of one (1) Case 590 Super M Backhoe with the following accessories: one (1) 4-in-1 loader bucket along with the necessary auxiliary loader hydraulic package, one (1) 12" backhoe bucket, and (1) 24" backhoe bucket.

Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.

ANNEXATION/REZONING REQUEST - FIRST READING

A request was received for annexation and rezoning of property located at 1462 North Little Creek Road, containing 4.7+/- acres, owned by Richard E. Devincentis. Staff recommended that the request be referred to the Planning Commission on November 15, 2004, the Utility Committee on November 22, 2004, that an annexation referendum be set for December 2, 2004, and that a public hearing be set for December 13, 2004 at 7:30 p.m.

Mr. Carey moved for approval of staff's recommendation. The motion was seconded by Mr. Sadusky and unanimously carried.

By motion of Mr. Hogan, seconded by Mr. Carey, Council adopted the following Resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

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 located at 1462 North Little Creek Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a special election be held for an area located at 1462 North Little Creek Road, situated in East Dover Hundred, Kent County, State of Delaware.

2. That the election be held on the 2nd day of December, 2004 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4. That this resolution be published in accordance with the City of Dover Charter.

ADOPTED: OCTOBER 25, 2004

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 1462 NORTH LITTLE CREEK ROAD.

COUNCIL MEMBERS COMMENTS

On behalf of the City Manager, Council President Williams read into the record a public announcement regarding the hiring of a new Electric Director (Exhibit #2).

Mr. Carey moved for adjournment, seconded by Mr. Pitts and unanimously carried.

Meeting Adjourned at 8:17 P.M.

                                                                                    JANICE C. GREEN

                                                                                    CITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 25, 2004, are hereby approved.

                                                                                    STEPHEN R. SPEED

                                                                                    MAYOR

/JG

S:ClerksOfficeAgendas&MinutesCouncil-Minutes200410-25-2004.wpd

Exhibits Attached to Original Minutes and File Copy

Exhibit #1 - Brown Water 180-Day Plan of Action

Exhibit #2 - Public Announcement - Hiring of Electric Director

Agendas
Attachments