REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 26, 2004 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters and Mr. Ruane.
Council staff members present were Lieutenant Boney, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Deputy Fire Chief Fortney, Mr. DePrima, City Solicitor Rodriguez, and Mrs. Green.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Eric O’Brien, 30 N. New Street, noted that during a recent Mayoral Debate, a question was asked of the candidates “if you are elected, what would be done to solve the problems on New Street”. He questioned why New Street remains an issue after 14 years of the same exact problems. Since the question remains, he provided members with additional details regarding illegal activities that he has noted (as on file in the Office of the City Clerk). Mr. O’Brien also advised members of a recent complaint made that he felt was mismanaged by the police department, which has resulted in his feeling more insecure than before when contacting the police for assistance. It was his opinion that the police officers are taking their frustrations out on him rather than the directing them at the issues and the people causing the problems.
Mr. O’Brien advised members that he would be speaking at the next Human Relations Commission meeting to relay his concerns regarding the illegal activities and the actions of the Dover Police Department. He stated that there are accusations made about him being prejudice. He assured members that his complaints are based on facts; they have nothing to do with race - the complaints are based on behavior and noise. He resides in a neighborhood with a majority of blacks and there is a serious misjudgement of his character if it is felt that his complaints are made based on race. By not taking any action against the criminals, deterioration of the neighborhood will continue because the “bad guys” are taking over, making the “good guys” move. It is Mr. O’Brien’s desire to work with the City to help find solutions to the problems in his neighborhood.
Mr. Dewitt Peterkin, III, 101 Chatham Court, advised members that he has been in contact with WalGreens, a major drug chain, to discuss the possibility of a store opening downtown, specifically the building located at the intersection of Loockerman and State Streets. Mr. Peterkin disclosed that he is a major shareholder of WalGreens. Representatives have visited the site and are very interested in moving forward with this venture. He assured members that representatives should be in contact with the Mayor and Council in the very near future regarding these plans.
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. 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 - SPECIAL COUNCIL MEETING OF MARCH 29, 2004
During the Council Meeting of April 12, 2004, members considered adoption of the Special Council Meeting Minutes of March 29, 2004. After a roll call vote, the Council President announced that the motion for approval of the minutes was carried by a vote of four (4) yes, two (2) no, and two (2) absent. Mrs. Green, City Clerk, advised members that Section 10 of the Charter states that “No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a majority of the members elected to the council...”; therefore, five (5) affirmative votes is necessary for the approval of these minutes. The Minutes of the Special Council Meeting of March 29, 2004 were resubmitted to Council for confirmation of their approval.
The Minutes of the Special Council Meeting of March 29, 2004, were approved by motion of Mr. Carey, seconded by Mrs. Williams and bore the written approval of Mayor Hutchison. The motion was carried by a roll call vote of seven (7) yes, and two (2) no (Mr. Ritter and Mr. McGlumphy).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 12, 2004
The Minutes of the Regular Council Meeting of April 12, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters, and bore the written approval of Mayor Hutchison.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, it has now been 132 years since J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives and this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 2003 for the fifteenth consecutive year by the National Arbor Day Foundation, recognizing Dover for its outstanding urban forestry program; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of the business area, and beautify our community, and the community’s tree planting program is a living memorial to the citizens’ concerns for the quality of life; and
WHEREAS, planting and caring for trees is a very special gift that one generation gives to the next.
NOW, THEREFORE, I, JAMES L HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 30, 2004, as ARBOR DAY in the City of Dover, and urge all citizens to support the efforts to care for our trees and woodlands.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
Mr. Cooper, Grounds Superintendent, advised members that a Tree Planting Ceremony will take place at Silver Lake Park on April 30, 2004, at 10:00 a.m., and invited all to attend. He noted that from the roof of the Power Plant, where you can look down on the City, it is difficult to differentiate between city and private trees. There are more trees on private property than on public property, which indicates the importance of citizens planting trees on their property.
Mr. Carey moved for adoption of the Proclamation for Arbor Day, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - APRIL 12, 2004
The Legislative, Finance and Administration Committee met on April 12, 2004 with Chairman Speed presiding.
Tidewater Utilities Interconnection Agreement - Lakeland Service Area
Members received a proposed interconnection agreement that was negotiated by the Department of Public Works and Tidewater Utilities, Inc. for providing standby fire protection to Tidewater’s Lakeland Service Area. The City has proposed to purchase the materials for the extension of approximately 700 linear feet of 10" diameter PVC water main to the Lakeland Service Area. Once the main has been installed, the City will own and maintain all of the 10" water main. The cost of the estimated quantity of materials is $10,779.92. An amount of $50,000 was originally reserved in the budget for miscellaneous water distribution system improvements as indicated on pages 223 and 377 of the 2004 Annual Operating Budget. It was noted that staff budgeted $15,000 for this project.
Mr. DePrima explained that by using a proposed facilities charge of $697.13 per quarter as minimum revenue, the estimated recovery period of the City’s initial cost is between 3.86 and 5.37 years assuming no water is sold through the interconnection. Any revenue generated through the metered connection will reduce the cost recovery period.
The committee recommended approval of the Interconnection Agreement with Tidewater Utilities, as presented, and authorize staff to proceed with the completion of the project as soon as possible, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #1), seconded by Mr. Salters and carried by a unanimous roll call vote.
Vehicle Use Policy
Mrs. Mitchell, Finance Director/Treasurer, advised members that she met with the Federal, State, and Local Government Division of the Internal Revenue Service to review the City’s procedures for documenting personal use of City vehicles and the City’s vendor record keeping procedures of W-9's. The City addressed the W-9 compliance issue immediately with a mass mailing to all of the City’s vendors and implemented a procedure to automatically send new vendors W-9's for completion. Mrs. Mitchell presented members with a procedure to provide the completion of the vehicle use requirement, as discussed with the IRS representative. She noted that the Police Department is currently excluded from this procedure until a response is received from the IRS, explaining that a ruling has been requested on the Police Department’s administrative personnel usage since there were differences of opinion on the regulations.
Staff recommended formal adoption of the Department of Finance - Procedure #F362 to formalize compliance with the IRS regulation.
The committee recommended approval of the Vehicle Use Policy (Department of Finance - Procedure #F362) as recommended by the Finance Director/Treasurer.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #2), 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.
MONTHLY REPORTS - MARCH 2004
By motion of Mr. Carey, seconded by Mr. Salters, 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
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
ANNUAL REPORT - PLANNING AND INSPECTIONS DEPARTMENT
Members were provided with the Planning and Inspections 2003 Annual Report.
By consent agenda, Mr. Carey moved for acceptance of the Planning and Inspections Department Annual Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
Members reviewed the Semi-Annual Robbins Hose Company Inspection Report by the City Manager, Mr. DePrima. The inspection is required in accordance with Section 7-18 of the Dover Code.
By consent agenda, Mr. Carey moved for acceptance of the City Manager’s Semi-Annual Inspection of the Robbins Hose Company. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
ELECTION RESULTS - 2004 MUNICIPAL ELECTION
Mrs. Green, City Clerk/Alderman, reported the results of the 2004 Municipal Election held on April 20, 2004, as follows:
TOTAL VOTES CAST - 4,666
MAYOR
Robin R. Christiansen 1,069
William H. Daisey 1,018
Kenneth E. Deimler 83
John J. Friedman 539
R. Jefferson Reed 773
Stephen R. Speed 1,123
Total Votes Cast for Mayor 4,605
Total Registered Voters 19,443
QUESTION ON BALLOT -
THE CITY OF DOVER SHOULD HAVE A:
Full-Time Mayor 3,185
Part-Time Mayor 1,285
Total Votes Cast for Question 4,470
FIRST DISTRICT COUNCIL (One Year Term)
Kenneth L. Hogan 1,011
James P. Webster 453
Total District Votes Cast 1,574
Total Votes Cast for Council 1,464
Total Votes Cast for Mayor 1,562
Total Votes Cast for Question 1,530
Total Registered Voters 6,491
SECOND DISTRICT COUNCIL
William P. McGlumphy 445
Robert M. Sadusky 674
Total District Votes Cast 1,152
Total Votes Cast for Council 1,119
Total Votes Cast for Mayor 1,134
Total Votes Cast for Question 1,112
Total Registered Voters 3,498
THIRD DISTRICT COUNCIL
Bernhardt A. Greenfield 199
Timothy A. Slavin 746
Frederick Tolbert 540
Total District Votes Cast 1,526
Total Votes Cast for Council 1,485
Total Votes Cast for Mayor 1,502
Total Votes Cast for Question 1,443
Total Registered Voters 6,753
FOURTH DISTRICT COUNCIL
John W. Pitts 212
Sophia R. Russell 181
Total District Votes Cast 414
Total Votes Cast for Council 393
Total Votes Cast for Mayor 407
Total Votes Cast for Question 385
Total Registered Voters 2,701
In accordance with Title 15 Del.C. §7502, when there is only one official candidate for each office, the official candidate may assume office without the holding of a formal election. Therefore, since the First District position was unopposed, the following will be sworn into office for a two (2) year term:
FIRST DISTRICT COUNCIL
Beverly C. Williams
Responding to Mr. Ruane, Mrs. Green explained that the totals reported for each district indicates the number of voters processed. There are some voters that may cast a vote for the Mayoral candidate but not a Council candidate and vice versa, which results in a variance between total votes cast for the Mayor and Council in each district.
Mr. Salters moved for approval of the Election Results as reported by the City Clerk/Alderman. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Ruane commended the Election Board, Mrs. Green and her staff, and other election workers for their efforts in preparation for and conducting the 2004 Municipal Election. He noted that this was the first time the City utilized separate polling places and that this was a record number of voters. He had not received any complaints and heard only praise from citizens. It was his opinion that Mrs. Green and her staff were given a tremendous responsibility, anticipating a large voter turn-out, and they were proactive, discussed locations with Council, etc. Mr. Ruane felt that the Clerk’s Office should be recognized and credited for the success of this election.
Council President McGlumphy also relayed commendation to the candidates and citizens for their interest in city government. He stated his hope that the citizens have become more aware of what is happening at City Hall, that there will be the same interest in next year’s election, and more and more of the citizens will participate in the process. It was his feeling that this election was successful because so many candidates came forward and called attention to what occurs in the City of Dover. In the future, hopefully more young people will become involved.
Mr. Carey moved to officially thank the City Clerk’s Office staff, all other election workers involved in the process, and the Election Board for their hard work during this year’s election. The motion was seconded by Mr. Truitt and unanimously carried.
PROPOSED SALARY ADJUSTMENT AND EMPLOYEE CONTRACT AMENDMENTS - CITY MANAGER
Members of Council held an executive session earlier in the afternoon to discuss the City Manager’s performance evaluation and proposed amendments to the City Manager Employment Contract.
Mr. Carey moved for the City Manager’s salary to be adjusted to reflect a 2% increase retroactively to July 1, 2003, which equates to an additional .53% increase, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Carey moved to approve the Addendum to the City Manager Employment Contract (Exhibit #3). The motion was seconded by Mr. Salters and unanimously carried.
REZONING REQUEST (PROPOSED ZONING ORDINANCE AMENDMENT) - 40 N. SAULSBURY ROAD, OWNED BY RIVERVIEW ASSOCIATES
A request was received to rezone property located at 40 N. Saulsbury Road, owned by Riverview Associates. The property is currently zoned C-3 (Service Commercial) and the requested zoning is I-O (Institutional and Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Mr. Galvin, Director of Planning and Inspections, advised members that in the past, Council would refer the request to the Planning Commission, set a public hearing, and conduct a First Reading of a zoning ordinance. Members of Council have relayed consternation for this process, particularly conducting of a First Reading of the zoning ordinance. As a result, staff has reverted to the prior practice of conducting a First Reading after the Planning Commission submits a recommendation to Council, with the Final Reading and Public Hearing following.
Mr. Carey questioned the need for a change in the procedure and relayed concern with the delay that may be created for the applicant. Responding, Mr. Galvin stated that the change in the procedure should not create much of a delay; however, there may be a two (2) week delay to provide for First and Final Readings of the zoning ordinance.
Mr. Carey moved to refer the rezoning request to the Planning Commission on May 17, 2004 and that a Public Hearing be set for June 14, 2004 at 7:30 p.m. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
ANNEXATION REQUEST - 2507 AND 2521 CHESTNUT GROVE ROAD, OWNED BY IRENE D. AND ROBERT M. SADUSKY, SR.
A request was received for annexation and rezoning of property located at 2507 and 2521 Chestnut Grove Road, owned by Irene D. and Robert M. Sadusky, Sr. Staff recommended that the request be referred to the Planning Commission on May 17, 2004 and the next scheduled Utility Committee Meeting (City Clerk’s Office Note: The Annual Meeting is scheduled for May 10, 2004, at which time committees will be established with the possibility of new meeting dates and times.)
Mr. Galvin, Director of Planning and Inspections, previously advised members of a change in the procedure for rezonings. Since annexations include a rezoning request, the procedure for annexations has also been reverted to prior practice. As a result, the annexation referendum, First Reading, and public hearing will be set at a future time.
Mr. Carey moved to refer the annexation request to the Planning Commission of May 17, 2004 and the next scheduled Utility Committee. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCES
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Williams and unanimously carried. Council President McGlumphy reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. The First Reading of the ordinances was accomplished during the Council Meeting of April 12, 2004.
Mr. Ruane was anticipating an amendment to the budget ordinance to reflect an adjustment in the Police Department, which is necessary as a result of the settlement of the FOP Contract. Responding, Mrs. Mitchell, Finance Director/Treasurer, stated that the necessary budget amendment had been included in the revised budget that will be presented to Council for the year-end. Mrs. Mitchell explained that approval of the FOP Contract included the requirement for a budget revision, which was recommended for approval by the committee and ultimately approved by Council.
By motion of Mr. Speed, seconded by Mrs. Williams, Council adopted the Revised Budgets for Fiscal Year 2003/2004 (Exhibit #4) by a roll call vote of six (6) yes, and three (3) no (Mr. Ritter, Mr. Ruane, and Mr. McGlumphy).
COUNCIL MEMBERS COMMENTS
There were no comments made by members of Council.
Mr. Speed moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:12 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of April 26, 2004, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20044-26-2004.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Interconnection Agreement with Tidewater Utilities
Exhibit #2 - Vehicle Use Policy (Department of Finance - Procedure #F362
Exhibit #3 - Addendum to the City Manager Employment Contract
Exhibit #4 - Revised Budgets for Fiscal Year 2003/2004