REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 24, 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 Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Mr. DePrima, Mrs. Green, and City Solicitor Rodriguez.
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. Bernhard Greenfield, 901 Wilson Drive, relayed concern with the proposal for the City to provide police officers in the school districts. He advised members that he has many years of experience with juvenile probation. He suggested that rather than police officers, the school districts consider utilizing social workers.
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. Sadusky and unanimously carried.
Mr. Salters moved for approval of the consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 10, 2004
By consent agenda, the Minutes of the Annual Council Meeting of May 10, 2004 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 11, 2004
By consent agenda, the Minutes of the Special Council Meeting of May 11, 2004 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 12, 2004
By consent agenda, the Minutes of the Special Council Meeting of May 12, 2004 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.
PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR BEGINNING JULY 2003
The Distinguished Budget Presentation Award for Fiscal Year beginning July 2003, 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. Mayor Speed presented the award to Mrs. Tieman, Director of Administrative Services. Noting that this is the 15th time the City has received this award, he commended the budget team for their efforts.
Mrs. Tieman relayed appreciation to her staff, members of Council, the budget team (Mr. DePrima, City Manager, and Mrs. Mitchell, Finance Director/Treasurer) who played a major role in the preparation of the document. She also thanked city staff for their diligent work and cooperative efforts.
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 14, 2004 at 7:30 p.m.
Although a public hearing for the Electric Fund Budget is required, in the spirit of openness, Council President Williams suggested that a public hearing be held to receive public comment on the entire budget.
Mr. Salters moved to set a public hearing for June 14, 2004 at 7:30 p.m. for the 2004/2005 City Budget, including the Electric Fund Budget, seconded by Mr. Carey and unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL
The City Clerk read the following committee appointments as recommended by Council President Williams:
Legislative, Finance, & Administration Committee
Reuben Salters, Chairman
Kenneth L. Hogan
Timothy A. Slavin
Daniel Shevock (civilian member)
Dana T. Shelton (civilian member appointed by
Committee Chair)
Parks, Recreation, and Community Enhancement Committee
John W. Pitts, Chairman
Eugene B. Ruane
Kenneth L. Hogan
William P. Truitt (civilian member)
David Anderson (civilian member appointed by
Committee Chair)
Safety Advisory Committee
Robert G. Ritter, Jr., Chairman
Carleton E. Carey, Sr.
John W. Pitts
Paul Lakeman (civilian member)
Joseph Simmons (civilian member appointed by
Committee Chair)
Utility Committee
Carleton E. Carey, Sr., Chairman
Eugene B. Ruane
Robert M. Sadusky
Richard Snaman (civilian member)
Edgar Cregar (civilian member appointed by
Committee Chair)
Civilian Pension Board
Eugene B. Ruane
Reuben Salters
Police Pension Board
Eugene B. Ruane
Reuben Salters
Construction Code Board of Appeals
Eugene B. Ruane, Chairman
Robert M. Sadusky
Mr. Hogan moved for approval of the committee appointments as recommended by Council President Williams, seconded by Mr. Sadusky and unanimously carried.
MISCELLANEOUS COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT
The City Clerk reading the following miscellaneous appointments, as recommended by Council President Williams:
Kent County Tourism
John W. Pitts
Liaison to Chamber of Commerce
and Greater Dover Committee
Stephen R. Speed, Mayor
Beverly C. Williams, Council President
Liaison to Kent County (City/County Committee)
Stephen R. Speed, Mayor
Beverly C. Williams, Council President
Carleton E. Carey, Sr.
Reuben Salters
Timothy A. Slavin
Anthony J. DePrima, City Manager
Mr. Salters moved for approval of the miscellaneous appointments, as recommended by Council President Williams, seconded by Mr. Carey and unanimously carried.
APPOINTMENTS (MAYOR SPEED) - DOWNTOWN DOVER DEVELOPMENT CORPORATION - 3 YEAR TERMS TO EXPIRE APRIL 23, 2007
Mayor Speed recommended the following reappointments to the Downtown Dover Development Corporation for three (3) years terms to expire April 23, 2007:
Joseph McDaniel - Finance Representative
Michael Harrington - Commercial Real Estate Representative
Gerald Street - Legal Representative
By consent agenda, Mr. Salters moved for approval of the reappointments to the Downtown Dover Development Corporation as recommended by Mayor Speed. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
APPOINTMENTS (MAYOR SPEED) - PLANNING COMMISSION
Mayor Speed submitted recommendations for appointments to the Planning Commission for Council confirmation. He explained that because of the redistricting, some of the members have been shifted to represent different districts, as follows:
Michael von Reider - At-Large (reappointment; previous representative of Third District)
(To fill expiring term of John Friedman; term to expire 6/1/2007)
Thomas Holt - Second District (reappointment; previous representative of Third District)
(To fill seat vacated by Robert Sadusky; term to expire 6/1/2006)
John Friedman - Third District (reappointment; previous representative At-Large)
(To fill seat vacated by Michael von Reider; term to expire 6/1/2006)
Fred Tolbert - Third District (to fill seat vacated by Thomas Holt; term to expire June 1, 2005)
Carol H. Young - Fourth District (to fill expiring term of Ann Baker Horsey; term to expire 6/1/2007)
By consent agenda, Mr. Salters moved for approval of the appointments to the Planning Commission, as recommended by Mayor Speed. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mayor Speed requested confirmation for the reappointment of Francis Winsley as a Fourth District representative, for a three (3) year term to expire 6/1/2007. He explained that he did not receive a response from Mr. Winsley until earlier in the day indicating his desire to continue to serve.
Mr. Salters moved for approval of the appointment of Mr. Francis Winsley to the Planning Commission, as recommended by Mayor Speed. The motion was seconded by Mr. Pitts and unanimously carried.
MONTHLY REPORTS - APRIL 2004
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Budget Report
Capital Projects and Vehicle/Equipment Purchases
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Hospitality and Civic Function Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
EVALUATION OF BIDS - UNDERGROUND LINE WORK CONTRACT
The Electric Department obtains a blanket contract for time and materials for underground line work, which includes installing conduit, cable, and equipment. The contractor will be used to complete daily operations and projects on an as-needed basis. The City received six (6) potential bids. After careful review and use of the same scenario, staff determined that Utility Lines Construction Services, Inc. was the lowest bidder. They provided a three year contract with no increases in the second year rates; however, a 2% on average for the third year. A visit to Utility Lines Construction verified that they would meet all specifications.
Staff recommended awarding the underground line work contract to Utility Lines Construction, Inc.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
EVALUATION OF BIDS - OVERHEAD LINE WORK CONTRACT
The Electric Department obtains a blanket contract for time and materials for overhead line work which allows the City to retain crews in storm situations and use them to complete projects. The work includes the installation of poles, wire, and equipment. The contractor will be used to complete daily operations and projects on an as-needed basis. The City received two (2) potential bids. After careful review and use of the same scenario, staff determined that Fry Electric was the lowest bidder and, from past experience, they provide excellent workmanship. Fry Electric provided a three-year contract with moderate increase for the second and third years.
Staff recommended awarding the overhead line work contract to Fry Electric.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
EVALUATION OF BIDS - DIRECTIONAL BORING CONTRACT
The Electric Department obtains a blanket contract for directional boring, which includes boring under roadways, paved surfaces and established yards. The work required will be for normal daily operations or used on specific projects which are already budgeted. The City received five (5) potential bids. After careful review and use of the same three (3) scenarios, staff determined that Chowns Communications, Inc. was the lowest bidder for two (2) of the scenarios and Joseph R. Smith, Inc. for one (1) of the scenarios. Staff reviewed the three (3) scenarios together, such as the work that will be furnished, and it was determined that Joseph R. Smith, Inc. would be the successful lowest bidder. They provided a three year contract with no increases in the second year rates and a 3% increase for the third year. After a site visit and existing knowledge of the company, staff concluded that all specifications were met.
Staff recommended awarding the directional boring contract to Joseph R. Smith, Inc.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
KESSELRING UTILITY EASEMENT PURCHASE
During the Council Committee of the Whole Meeting held earlier, members were reminded that the Mayfair to VanSant 69 KV line has been a CIP project for several years but has been unable to move forward because of the inability to secure a utility easement through the Kesselring Farm property in South Dover. Recently, the Kesselring family agreed to allow for the easement, which will also be used for water and sewer lines as the area develops, specifically the Puncheon Run Interceptor Project. Mr. DePrima advised members that the cost of the easement is $50,000 and recommended authorization to sign the Easement Agreement.
The committee recommended that the City Manager be authorized to sign the Agreement for the Kesselring Utility Easement at a cost of up to $50,000.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
LAND DEVELOPMENT PLAN AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003: LANDS OF MARY MCKEE
Mr. Galvin, Director of Planning and Inspections, advised members that a rezoning request has been received for a parcel of land located on College Road, west of McKee Road, owned by Mary McKee. The property is included on the Comprehensive Plan Land Development Plan Map as residential and is zoned R-8 in conformance with the Plan. The proposed zoning is for Commercial/Office use, which is not in conformance. The current land use type is designated as Medium Density Residential on Map 11-1. The appropriate land use type for the proposed zoning would be Office and Office Parks. In order for the rezoning to proceed, City Council would be required to amend the Map that is part of the Comprehensive Plan and then consider the rezoning request. At this time, staff is requesting that Council refer the matter to the Planning Commission on June 21, 2004 and that a public hearing be set for July 12, 2004 at 7:30 p.m. It was noted that the next item on the agenda is a rezoning request for this property.
Mr. Salters moved to refer the Land Development Plan Amendment to the Comprehensive Plan Update 2003: Lands of Mary McKee to the Planning Commission on June 21, 2004 and that a public hearing be set for July 12, 2004 at 7:30 p.m., seconded by Mr. Sadusky.
Mr. Ruane relayed concern for consideration of the land development plan amendment, explaining that the reasons is to allow for review of a rezoning request that is not within the law. If it is already known that the request is not in conformance with the plan, why did the City adopt a map. When the Comprehensive Plan Update was initially presented, property owners had the opportunity to object at that time. It was his opinion that these property owners should be made to wait to change the zoning of their property until the next Comprehensive Plan Update. Otherwise, he felt that the City will be spending a lot of citizens’ money on these types of requests. Mr. Ruane questioned why the Planner is not given the discretion to determine that such a request is not in conformity.
Responding, Mr. Rodriguez concurred that the new laws prohibit the City from considering a rezoning request unless it conforms to the Comprehensive Plan, which he felt was the purpose of the proposed amendment, to amend the Comprehensive Plan.
Mr. Galvin advised members that an agreement has been arranged with the State Office of Planning and Coordination that would allow the City to bring amendments to the Comprehensive Plan twice a year for items that are considered minor variations if the City determines it is appropriate. In this particular case, despite staff’s recommendation opposing the rezoning, the applicant has requested the ability to have the request heard before the PLUS process and the State agencies that are involved, then heard before the City Planning Commission, and City Council. It was his opinion that any applicant is allowed due process as long as they agree to the time frame the State has agreed to with the City for presentation of amendments. This is the first time such a plan amendment has been submitted and Mr. Galvin explained that this would simply allow the property owner and potential developer the opportunity to have due process.
Responding to Mr. Ruane, Mr. Rodriguez stated that the matter is not an appeal but a referral to the Planning Commission. The Planning Commission would have the authority to reject the request as it is not in compliance with the Comprehensive Plan. He concurred with the City Planner regarding the applicants having alternative avenues for considering a request, although one would be to take the City to court, the City would like to avoid that; therefore, having the matter considered by the Planning Commission would be the preferred method. If, afterwards, the City is sued, we would have taken the action of providing the applicant their rights to consider the request.
The motion to refer the Land Development Plan Amendment to the Comprehensive Plan Update 2003: Lands of Mary McKee to the Planning Commission on June 21, 2004 and that a public hearing be set for July 12, 2004 at 7:30 p.m. was carried with Mr. Ruane voting no.
REZONING REQUEST/FIRST READING - 1021 COLLEGE ROAD, OWNED BY MARY MCKEE
A request was received to rezone property located at 1021 College Road (north side of College Road, west of the intersection with McKee Road), consisting of 5.7 acres, owned by Mary E. McKee. The property is currently zoned R-8 (One Family Residence) and the requested zoning is C-PO (Commercial/Professional Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. It was recommended for referral to the Planning Commission on June 21, 2004 and that a Public Hearing be set for July 12, 2004 at 7:30 p.m. Council President Williams noted that the First Reading of the Rezoning Ordinance is for introduction and referral of the amendment only and should not be relied upon as approval of the zoning classification.
Mr. Salters moved to refer the request as recommended, seconded by Mr. Sadusky.
Mr. Ruane relayed concern with conducting a First Reading on the rezoning ordinance and felt that there was a consensus of Council to refer such requests and that the First Reading would occur when the matter was brought back to Council.
Responding to Mr. Carey, Mr. Galvin explained that the Plan Amendment (previous item) would have to occur prior to allowing the rezoning of the property. Both of these requests can be accomplished simultaneously with the stipulation that the Plan Amendment be considered first and approved.
The motion to refer the request to the Planning Commission on June 21, 2004 and to set a public hearing for July 12, 2004 at 7:30 p.m., was carried with Mr. Ruane and Mr. Hogan voting no. It was noted that the First Reading of the Rezoning Ordinance is for introduction and referral of the amendment only and should not be relied upon as approval of the zoning classification. 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 1021 COLLEGE ROAD.
REZONING REQUEST/FIRST READING - 650 BAY ROAD, OWNED BY ROBINO-BAY COURT PLAZA, LLC
A request was received to rezone property located at 650 Bay Road, consisting of 3.4068 acres of a larger parcel, owned by Robino-Bay Court Plaza, LLC. The property is currently zoned SC-2 (Community Shopping Center) and the requested zoning is C-4 (Highway Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. It was recommended for referral to the Planning Commission on June 21, 2004 and that a Public Hearing be set for July 12, 2004 at 7:30 p.m. Council President Williams noted that the First Reading of the Rezoning Ordinance is for introduction and referral of the amendment only and should not be relied upon as approval of the zoning classification.
By motion of Mr. Carey, seconded by Mr. Sadusky, Council referred the request to the Planning Commission on June 21, 2004 and set a public hearing for July 12, 2004 at 7:30 p.m., with Mr. Ruane voting no. It was noted that the First Reading of the Rezoning Ordinance is for introduction and referral of the amendment only and should not be relied upon as approval of the zoning classification. 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 650 BAY ROAD.
LEGAL CLARIFICATION OF COUNCIL RESPONSIBILITIES - COUNCILMAN SLAVIN
As a new member of Council, Mr. Slavin requested that Mr. Rodriguez provide legal clarification of Council responsibilities. He quoted a portion of the Charter, Section 36, and questioned if members of Council are prohibited, by the Charter, from requesting work directly from city employees that are under the charge of City Manager.
Responding, Mr. Rodriguez stated that the City has a City Manager Form of Government, with Council appointing certain employees. The Charter indicates that Council should not go to employees of the City Manager directly, but through the City Manager. He explained that the Charter prohibits recommendations of Council to hire or fire employees of the City Manager.
Mr. Slavin questioned if the Charter would prohibit a member of Council from requesting an employee under the City Manager’s charge to perform research, analysis, compile reports, etc. Mr. Rodriguez explained that if a member of Council needs such information, then they would request it through the City Manager directly.
Considering the clarification provided, Mr. Slavin stated that it would be logical then that requests of employees of department heads that are Council appointees, should be channeled through the appropriate department head.
COUNCIL COMMENTS
Mr. Ritter stated that there continues to be complaints regarding brown water and requested an update.
Responding, Mr. Koenig gave a brief update explaining that a 5-night flushing schedule began last night and staff completed flushing 164 hydrants. The hydrants cleared up very quickly, there were some areas, specifically on South Little Creek Road, where there was a considerable amount of brown water. Staff will be investigating the piping on this road as a potential pipe replacement or pipe relining project. Mr. Koenig advised members that complaints are anticipated as the flushing schedule progresses. However, he assured members that the system is in much better shape this time than the last time flushing occurred. He stated that the Long Point Road treatment plant and Well #2 are back on-line, and that bids will be brought to Council at their next meeting for the variable frequency drives for three (3) of the large production facilities. Mr. Koenig indicated that three (3) consulting firm responses to the Request for Qualifications have been received and are currently being reviewed by staff. It is anticipated that a recommendation will be brought forward in June to bring a consultant on as an assistant for water quality issues.
Mr. Koenig stated that staff is in the process of assessing a possible pipe replacement schedule. There are at least two (2) pipe links that should be replaced due to age and complaints received. He stated that we are currently 60 days into the 90-day plan, which staff is updating to be presented to the Utility Committee next month. He assured members that staff is progressing through the Water Master Plan and hydraulic modeling of the system. An acceleration of this project is expected within the next 3-4 weeks.
Mr. Salters, referring to previous action taken by the Committee of the Whole, stated that eliminating the Transportation Review Committee was in name only and should not be misconstrued to mean that the work involving transportation will not be given consideration. Although he was initially opposed to the creation of a separate Standing Committee, he voted for its creation. He explained that he takes into consideration the concerns of his colleagues and their positions on issues. Mr. Salters stated that he has been assured by the leadership of this Council that a reorganization of the committees will take place and that “no stone will be left unturned” to make sure that transportation issues are brought before the public and addressed in an appropriate manner.
Mr. Ruane noted that because the Council President allowed for the comments to be made by Mr. Salters regarding an item discussed at a previous meeting, he felt compelled to respond. Mr. Ruane indicated his hope that the public will have another opportunity to speak on the issue and reiterated his feeling that the proposed ordinance will, in effect, denigrate and relegate the responsibility of transportation issues to a secondary function. It was his opinion that this would be a disservice to the community and the neighborhood association for which he belongs has gone on record to that affect. Unless the committee is able to give close and full attention to transportation issues, there will be a loss. The proposal will provide a disservice to those issues that are the responsibility of the Safety Advisory Committee, as well as the Transportation Review Committee.
Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:22 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of May 24, 2004, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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