ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 10, 2004 at 7:30 p.m. with Mayor Hutchison presiding. Council members present were Council President McGlumphy, Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, Mrs. Green, and Mr. Rodriguez.
The invocation was given by Reverend Richard Avant, followed by the Pledge of Allegiance, led by Boy Scout Troop #632.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Speed and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 26, 2004
The Minutes of the Regular Council Meeting of April 26, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
RESOLUTION/PRESENTATION - WILLIAM P. MCGLUMPHY
The City Clerk read the following Resolution into the record:
WHEREAS, William P. McGlumphy has served as Councilman of the Second District for the City of Dover from May 8, 2000 through May 10, 2004; and
WHEREAS, William P. McGlumphy served as a member of the Legislative and Finance Committee, Parks and Recreation Committee, Safety Advisory Committee, and Dover Public Library Advisory Commission and was elected by his colleagues to serve as Council President from May 2001 through May 2002 and May 2003 through May 2004; and
WHEREAS, William P. McGlumphy consistently devoted his time to the affairs of all committees, providing input that was instrumental in resolving the many complex problems that are encountered in the everyday functions of a progressive municipality; and
WHEREAS, William P. McGlumphy served with a persistent commitment to represent his constituents for the betterment of the community and welfare of its citizens; and
WHEREAS, his performance of the duties and responsibilities serving as Councilman has been characterized by fiscal integrity and dedication to governmental accountability and controlled growth.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council express their gratitude to William P. McGlumphy and his family for his dedicated years of service and sacrifice of personal time.
BE IT FURTHER RESOLVED that the Mayor and Council wish Councilman McGlumphy and his family good health and happiness and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to William P. McGlumphy.
ADOPTED: MAY 10, 2004
Mr. Carey moved for adoption of the Resolution, seconded by Mr. Salters and unanimously carried.
Mayor Hutchison and members of Council presented Council President McGlumphy with the Resolution, a Dover Cup, a Gavel, and a Key to the City. Mr. McGlumphy thanked the residents of Dover for giving him the opportunity to serve. He wished the Mayor, Council, and newly elected Mayor and Council success in their future endeavors.
Presentation by Representatives Donna Stone and Nancy Wagner
Representatives Stone and Wagner noted the many contributions and sacrifices that were made by Council President McGlumphy and presented the following tribute on behalf of the General Assembly of the State of Delaware:
State of Delaware House of Representatives Tribute. Be it hereby known to all, that the House of Representatives commends William P. McGlumphy, City of Dover Councilman, in recognition and appreciation for his contributions and dedicated service to the City and its residents from May 2000 to May 2004. The House of Representatives extends its sincere congratulations and directs this tribute to be presented on this 10th day of May 2004.
RESOLUTION/PRESENTATION - WILLIAM P. TRUITT
The City Clerk read the following Resolution into the record:
WHEREAS, William P. Truitt was sworn into office on May 13, 1996, and served as Councilman of the Third District until May 10, 2004; and
WHEREAS, during his term as Councilman, William P. Truitt has served as Chairman of the Safety Advisory Committee and member of the Legislative and Finance Committee, Parks and Recreation Committee, Code Board of Appeals, Civilian and Police Pension Boards, Transportation Review Committee, Utility Committee, and the Downtown Dover Development Corporation; and
WHEREAS, William P. Truitt was instrumental in successfully amending the Dover Code to provide for a full-time Mayor in order to ensure that the City continues to promote its economic and social interest and the general welfare of its citizens; and
WHEREAS, William P. Truitt was committed to providing our youth with positive environments and opportunities which was reflected by his support of the City’s effort to develop Schutte Park as a regional sports and recreation facility; and
WHEREAS, William P. Truitt, whose term expires on May 10, 2004, has decided not to seek re-election to City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their appreciation to William P. Truitt and his family for his many dedicated years of service and personal time contributed to the City of Dover.
BE IT FURTHER RESOLVED that the Mayor and Council wish Councilman Truitt and his family good health and happiness and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to William P. Truitt.
ADOPTED: MAY 10, 2004
Mr. Speed moved for adoption of the Resolution, seconded by Mr. Carey and unanimously carried.
Mayor Hutchison and members of Council presented Councilman Truitt with the Resolution, a Dover Cup, and a Key to the City. Mr. Truitt thanked everyone for their assistance and the citizens for giving him the opportunity to serve.
Presentation by Representatives Donna Stone and Nancy Wagner
Representatives Stone and Wagner noted the many contributions and sacrifices that were made by Councilman Truitt and presented the following tribute on behalf of the General Assembly of the State of Delaware:
State of Delaware House of Representatives Tribute. Be it hereby known to all, that the House of Representatives commends William P. Truitt, City of Dover Councilman, in recognition and appreciation for his contributions and dedicated service to the City and its residents from May 1996 to May 2004. The House of Representatives extends its sincere congratulations and directs this tribute to be presented on this 10th day of May 2004.
REMARKS - THE HONORABLE JAMES L. HUTCHISON
Prior to relinquishing his position, Mayor Hutchison summarized the City’s accomplishments during his term in Office as the Mayor of the City of Dover as follows: The last 10 years have represented the strongest growth the City has ever experienced. Partnerships were built with our federal government, congressional leaders, and their staff, with the governor, general assembly, and county government, and strong relationships were built with both small and large businesses, educational leaders, and, most importantly, with our citizens. Mayor Hutchison relayed his appreciation for the men and women of the Dover Air Force Base and the partnership between the Base and the community. He indicated pride with the partnership with Duke Power, who now manages and operates the City’s power plant.
For the future, Mayor Hutchison stated that Mayor-Elect Speed, the new Council, and City staff will have many issues to deal with such as the Eden Hill Farm, Saulsbury Road extension, Dover Mall expansion, the Delaware State University expansion, and the proposed Civic Center.
Mayor Hutchison relayed a special thanks to all the employees and staff who have supported him during his tenure and appreciation to the men and women of the Robbins Hose Company. He stated that the City has been fortunate to have a volunteer fire department and that the citizens of Dover are thankful and indebted to these volunteers.
Mayor Hutchison thanked the citizens of Dover for providing him the opportunity to serve them for the past 10 years. Above all, he acknowledged the support provided by his wife during his tenure, explaining that serving in public office, there are many personal sacrifices made by family members and that she always supported this with love and understanding.
OATHS OF OFFICE - CITY COUNCIL
The Honorable Henry duPont Ridgely, President Judge of the Superior Court, administered the Oath of Office to members of City Council, as follows:
Mayor - Stephen R. Speed
Council - First District - Beverly C. Williams
Council - First District (one year term) - Kenneth L. Hogan
Council - Second District - Robert M. Sadusky
Council - Third District - Timothy A. Slavin
Council - Fourth District - John W. Pitts
RESOLUTION/PRESENTATION - JAMES L. HUTCHISON
The City Clerk read the following Resolution into the record:
WHEREAS, James L. Hutchison was sworn into office as Councilman At-Large on May 10, 1993 and during his term, was appointed as Chair of the Code Board of Appeals and a member of the Utility Committee; and
WHEREAS, after serving for one year, James L. Hutchison relinquished his seat as Councilman and successfully ran for Mayor, being sworn into office on May 9, 1994 and taking the Oath of Office as Dover’s first full-time Mayor on May 11, 1998 serving with distinction until May 10, 2004; and
WHEREAS, Mayor Hutchison has dedicated his life to this community and has demonstrated, in many practical ways, his deep and genuine love for the City of Dover and the surrounding area by giving generously to many organizations, serving the community on a long list of appointments and offices and demonstrating his willingness to place his concern for the public good ahead of his personal interest; and
WHEREAS, these years of service have been marked by exemplary dedication to the best interests of the community as Mayor Hutchison has worked constantly for the betterment of its economic, cultural, and general welfare; and
WHEREAS, Mayor Hutchison has been an extraordinary community leader, as evidenced by his work with the Police Department in successfully attaining national accreditation, promotion of intergovernmental relations, commitment to improving access to educational services, and support to the military through his interaction with the leadership at the Dover Air Force Base and Congressional delegation; and
WHEREAS, throughout his career, Mayor Hutchison, better known to most as “Hutch”, displayed a quality of leadership that fostered the respect and admiration of many and has earned the affection of a host of area residents who are proud to call him a friend; and
WHEREAS, Mayor Hutchison, whose term expires on May 10, 2004, has decided not to seek re-election and has accepted the position of President of the Central Delaware Chamber of Commerce.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council express sincere appreciation to James L. Hutchison and his family for the many dedicated years of service and personal sacrifices made for the good of the community and welfare of the citizens of the City of Dover and recognize that his leadership will be sorely missed.
BE IT FURTHER RESOLVED that the Mayor and Council wish Mayor Hutchison and his family success in all future endeavors and direct the City Clerk to make this resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to James L. Hutchison.
ADOPTED: MAY 10, 2004
Mr. Carey moved for adoption of the Resolution, seconded by Mr. Salters and unanimously carried.
Mayor Speed and members of Council presented Mayor Hutchison with the Resolution, a Dover Cup, and a Key to the City. Mayor Speed thanked Mayor Hutchison for the support provided to him, especially during the past few weeks in preparation for assuming the Office of the Mayor, and expressed his eagerness to work with Mayor Hutchison as the President of the Central Delaware Chamber of Commerce.
PRESENTATIONS TO MAYOR JAMES L. HUTCHISON
The following presentations were made to Mayor Hutchison in honor of his service to the City of Dover:
Dover Air Force Base - Wing Commander (Colonel John Pray)
Colonel John Pray, Wing Commander of Dover Air Force Base, indicated his astonishment with the community’s support of the Dover Air Force Base and felt that Mayor Hutchison played a part in cultivating and maintaining that support through his friendship and service. He stated that he was proud to call him a friend. Colonel Pray presented Mayor Hutchison with a crystal goblet in recognition of the important role he has played in his life.
Boy Scout Troop #632 (Bruce Little Drummer Morris)
On behalf of the Boy Scout Troop #632, Bruce Little Drummer Morris presented Mayor Hutchison with a Certificate of Appreciation for the support he has provided. He also presented a personal gift, a Native American choker, to relay his appreciation for their friendship over the years.
State of Delaware (Representatives Stone and Wagner)
Representatives Stone and Wagner noted the many contributions and sacrifices that were made by Mayor Hutchison and presented the following tribute on behalf of the General Assembly of the State of Delaware:
State of Delaware House of Representatives Tribute. Be it hereby known to all, that the House of Representatives commends the Honorable James L. Hutchison, Sr., Mayor of the City of Dover, in recognition of his retirement after 10 years of exceptional leadership and commitment to the City and its residents. We proudly extend best wishes to Hutch and applaud his dedication and accomplishments. The House of Representatives extends its sincere congratulations and directs this tribute to be presented on this 10th day of May 2004.
William Henry Walter Massey Comprehensive High School Alumni Association (Sophia Russell)
On behalf of the William Henry Walter Massey Comprehensive High School Alumni Association, Ms. Sophia Russell presented Mayor Hutchison with a plaque in recognition of his past support and friendship.
In closing, Mayor Hutchison requested the remembrance of five (5) core values of the United States of American: 1) God; 2) diversity; 3) family; 4) family values; and 5) education.
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mr. Salters moved for the appointment of Beverly C. Williams to serve as Council President/Vice-Mayor for 2004/2005, seconded by Mr. Carey and carried with Mr. Ruane voting no.
RECESS
Mr. Carey moved to recess to take photographs of the Mayor and members of City Council, seconded by Mr. Salters and unanimously carried.
Meeting recessed at 8:38 p.m. and reconvened at 8:53 p.m.
Prior to presenting the State of the City Message, Mayor Speed relayed appreciation to his wife and daughters for their help during the campaign and the support provided for all his adventures. He also thanked his mother, step-father, mother-in-law, brother, 75 volunteers, candidates, the City Clerk’s Office and Election Board, noting that this was the first election utilizing separate polling places, departing Council members, Terry Kreer, Coleen Coleman, Andy Siegel, and others that were involved in the preparation of the State of the City Message. Mayor Speed thanked God and the voters for providing him the opportunity to serve as the Mayor of Dover.
STATE OF THE CITY MESSAGE - MAYOR STEPHEN R. SPEED
Mayor Stephen R. Speed presented the State of the City Message (Exhibit #1) and gave a Power Point presentation.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT
The Legislative, Finance, and Administration Committee met on April 26, 2004 with Chairman Speed presiding.
Proposed Amendment to the City of Dover Electric Service Handbook - Electric Bill Payment Refund (Division II, Section 3, Paragraph 2-108)
As a result of the committee meeting held on April 12, 2004, staff presented members with a proposed amendment to the Electric Service Handbook (Division II, Section 3, Paragraph 2-108) to reduce the interest rate paid by the City for electric deposit refunds.
The committee recommended approval of staff’s recommendation, as amended, to amend Division II, Section 3, Paragraph 2-108, as follows:
1.Customer Deposit. Customers with a good credit standing may request a refund of their deposit after two years for residential customers and four (4) years for commercial customers.
2.Customer Deposit Refunds. Interest paid on deposits during the upcoming fiscal year shall be calculated using the prevailing Federal Reserve Discount Rate as published in the Wall Street Journal on the last business day of the current fiscal year.
3.System Update. The Administrative Services Director will update the City’s customer service system annually.
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.
Establishment of Percentages for Inclusion in the Financial Policy (Reserve, Rate Stabilization, Operating Transfers)
During their meeting of April 12, 2004, members considered revisions to the Financial Policy. As a result of questions raised regarding percentages, Mrs. Mitchell, Finance Director/Treasurer, presented alternatives to assist members in developing certain percentages for the various funds. She suggested that the approval of the policy be accomplished in two (2) steps, first to develop the percentages; then staff will incorporate the percentages into the wording of the policy and bring it back to the committee for their review and recommendation to Council. The committee discussed the alternatives presented for the various funds.
The committee recommended setting the budget balance for the General Fund at a minimum of 8% and no greater than 12%, and that the Contingency be set at 4%.
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.
The committee recommended setting the budget balance for the Water/Wastewater Fund at a minimum of 17%, and that the Contingency be set at 4%.
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.
The committee recommended setting a $200,000 annual appropriation for the Capital Asset Reserve for the Water/Wastewater Fund.
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.
The committee recommended setting the budget balance for the Electric Revenue Fund at a minimum of 12%, and that the Contingency be set at 2%.
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.
The committee recommended reducing the Insurance Deductible Reserve to $250,000.
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.
The committee recommended that the Rate Stabilization Fund not exceed 10% of the purchased power cost.
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.
The committee recommended that the City maintain a balance equivalent to the value of 10% growth in capacity at any given time, or no less than $10,000,000, for Future Capacity Reserve and the City will maintain a minimum balance of $10,000,000 for the Future Capacity.
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.
2004 CDBG Action Plan and Proposed Resolution
Mr. Galvin, Director of Planning and Inspections, provided members with the proposed 2004 Community Development Block Grant Action Plan (as on file in the Office of the City Clerk) and Resolution. The Action Plan, which is a required HUD document that establishes a one year strategy for the CDBG program, includes the City’s request for a $326,000 CDBG Entitlement and use of $82,043 in program income for eligible activities.
Mrs. Harvey, Community Development Director, advised members that the Community Block Grant Advisory Committee reviewed proposals for funding and recommended the following activities for fiscal year 2004:
City Building Accessibility Improvements - $35,000
CDBG Program Administration - $65,200
Fair Housing Counseling - $600
Homeowner Rehabilitation Assistance Program - $75,000
Microenterprise Assistance Program (Main Street Dover, Inc.) - $25,000
Demolition Revolving Loan Fund - $20,000
Dover Police Department Community Policing Program - $20,500
Community Revitalization Infrastructure - $131,743
Dover First Start Assistance Program - $35,000
TOTAL - $408,043
The committee recommended approval of the 2004 CDBG Action Plan and adoption of the proposed Resolution, as presented.
Mr. Salters reminded members that, during the committee meeting, he had suggested consideration of increasing the Community Revitalization Infrastructure project to allow for additional improvements to streets and other infrastructure in the target area. He has been assured by the City Planner and City Manager that the improvements would be completed within three (3) years; therefore, there is no need to amend the committee’s recommendation.
Mr. Salters moved for approval of the 2004 CDBG Action Plan and adoption of the proposed Resolution, as recommended by the committee. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the City of Dover is entitled to $326,000 through the United States Department of Housing and Urban Development's Community Development Block Grant Program; and
WHEREAS, the City of Dover has prepared the 2004 Community Development Block Grant Action Plan in accordance with United States Department of Housing and Urban Development guidelines, that serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for community development purposes in accordance with the National Community Development objectives of benefitting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development required the City of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance, including the proposed use of funds and certain certifications and policies. to obtain its $326,000 Entitlement and use of $82,043 in program income for eligible activities; and
WHEREAS, the City of Dover has prepared the attached Application for Federal Assistance and presented it at an advertised public hearing held on April 27, 2004.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER approve the 2004 Community Development Block Grant Action Plan and application for Federal Assistance included in the Action Plan along with certifications and policies attached, and authorize its forwarding to the United States Department of Urban Development for consideration.
ADOPTED: MAY 10, 2004
(City Clerk Note: The comment period for the 2004 Action Plan was from April 16, 2004 through May 16, 2004. The requirements of Title 24 of the Code of Federal Regulations requires that citizens must receive not less than 30 days to make any comments on the proposed Action Plan before submission to HUD; therefore, the Resolution could not be adopted until after the 30 day comment period. The Resolution was presented and adopted by Council during a Special Meeting of May 19, 2004.)
Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 27, 2004 with Chairman Ruane presiding.
DISCUSSION - SS1 TO SB161 RENEWABLE ENERGY PORTFOLIO
Members were provided Senate Bill 161 (SB161), which would establish Renewable Energy Portfolio Standards for electricity suppliers in the State of Delaware so that those suppliers, their consumers, and the public at large might realize the benefits of electricity produced from renewable energy resources. These benefits include improved regional and local air quality, improved public health, increased electric supply diversity, increased protection against price volatility and supply disruption, improved transmission and distribution performance, and new economic development opportunities.
The Renewable Energy Portfolio Standards established in the Act require electricity suppliers to supply a percentage of their total annual electricity sales in the State from renewable energy resources. This percentage incrementally increases from 1% in 2006 to 10% by 2018. Eligible renewable energy resources include solar electric power, wind energy, geothermal energy, ocean energy, fuel cells, methane gas, small hydro power, and sustainable biomass.