REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 13, 2003 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 Chief Horvath, Mr. Cooper, Mrs. Mitchell, Ms. Melson, Deputy Chief Boyer, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
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 was not in official session and could not take formal action.
Mrs. Frances Hettinger, 63 Sackarackin Avenue, noting that Council members were analyzing the Mayor’s budget from 1998 through the present, requested Council members to have the Finance Director analyze the Council’s budget for the same time period. Mrs. Hettinger asked that the analysis include all expenses, including trips.
Mr. Chris Haddock, 200 Beechwood Avenue, Lot 14, spoke regarding the ban on extreme wrestling. He asked what Section or Paragraph of the law was used in justifying the ban. Council President McGlumphy stated that he would be provided with a written response to his question.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President McGlumphy requested that item #2-C, Myers Park - Fall Floral Arrangement, be deferred until the meeting of October 27, 2003, at the request of the Grounds Department.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 22, 2003
The Minutes of the Regular Council Meeting of September 22, 2003 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
PRESENTATIONS
Dr. Allen Sessoms - Delaware State University
Dr. Allen Sessoms, President of Delaware State University (DSU), stated that the University is undergoing a major transformation of itself. He noted that he has major ambitions for the University, grounded in the very strong foundation left by his predecessors. Dr. Sessoms stated that he envisions that DSU will be a diverse, selective teaching, research, and service university; in the land grant tradition, serving the people of the State of Delaware and the region. Dr. Sessoms stated that he would like DSU to become a “university of first choice” for students from the state. DSU will excel in the education of undergraduates in the liberal arts and in the professional, technical, and scientific development of the workforce. It will attain significant educational presence in all three Delaware counties, emphasizing service to adult learners in providing re-certification for professionals. Dr. Sessoms stated that he would like DSU to be a major presence in Delaware.
Dr. Sessom indicated that DSU would like to be a major player in all NCAA athletics at the Division I level, develop the Arts as an integral part of the university’s program and the community, and collaborate with other universities internationally. He also noted that they have begun collaborating with Wesley College, Wilmington College, and Delaware Technical and Community College (DTCC) to create a bridge program. He noted that they have created a parallel program with DTCC, therefore, any student graduating from DTCC could transfer to the university as a Junior. Dr. Sessoms stated that they are considering the development of a walking/biking path between the university and DTCC.
Dr. Sessoms stated that they would like to implement doctoral programs which will stimulate economic development, such as in the areas of applied mathematics, agriculture, social work, public health, and education. He noted that they would like to collaborate more effectively and extensively with the Capital School District with the possibility of establishing a charter school on campus to train teachers. He also invited members of Council to participate in guest lecturing at the university. Ultimately, they would like to see Delaware as an education destination.
Certificate of Achievement for Excellence in Financial Reporting
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mrs. Donna Mitchell for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2002. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
Mayor Hutchison, Council President McGlumphy, Mr. Speed (Chairman of the Legislative, Finance, and Administration Committee), and Mr. DePrima presented Mrs. Mitchell, Finance Director/Treasurer, with a plaque. Mrs. Mitchell stated that the City has received the award every year since 1985 as the result of the dedication and hard work of the Finance Department staff, along with all other City staff. She also thanked members of Council for their support.
PROCLAMATION - HALLOWEEN OBSERVANCE
Mr. Truitt stated that he would like members to consider placing an age limit on trick-or-treating for children 12 years old or under. Chief Horvath indicated that an age limit could be recommended; however, he did not feel it could be enforced.
The City Clerk read the following proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from door to door in their neighborhood, displaying their costumes, and gathering treats; and
WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat; and
WHEREAS, residents are requested to indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Friday, October 31, 2003 between the hours of 6:00 p.m. and 8:00 p.m., for children under the age of 12.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 31st day of October 2003, between the hours of 6:00 p.m. and 8:00 p.m. in the City of Dover, for children under the age of twelve, and urge all residents, both young and old, to make this a happy and safe occasion for our children and further request that all reports of strange flying objects, such as goblins and witches, be reported to the appropriate authority.
RATIFYING RESOLUTION - WATER AND SEWER BOND SALE
Mrs. Mitchell stated that the General Obligation Bonds and the Water/Sewer Bonds were scheduled to be sold on Wednesday, October 15, 2003. She noted that refinancing the General Obligation bonds would provide a savings in the City’s debt service of $262,000 and refinancing the Water/Sewer Revenue Bonds would provide a savings of $409,000.
Mr. Carey and Mr. Speed congratulated Mrs. Mitchell, her staff, and Mr. DePrima on having the City’s bond ratings increased. They noted that a considerable amount of effort went into improving the bond ratings.
By motion of Mrs. Williams, seconded by Mr. Ruane, the Resolution Ratifying and Confirming Sale of the City of Dover, Delaware Water and Sewer Revenue Bonds Series 2003 and Related Matters (Exhibit #1) was adopted by a unanimous roll call vote.
Public Hearing/Final Reading - Rezoning
A public hearing was duly advertised for this time and place to consider rezoning of property located on the Southeast Corner of Kenton Road and Denny’s Road, known as Northgate Village, containing approximately 263.13+/- acres, owned by MCCK, LLC. The property is currently zoned RM-1 (Medium Density Residence) and the proposed zoning is RM-1 (Medium Density Residence) for 224.8682 acres, and RM-2 (Medium Density Residence) for 38.2617 acres.
Planner's Review
Ms. Melson, Interim City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended that the request for rezoning be approved.
Responding to Mr. Ruane, Ms. Melson noted that, with a higher density allowed on certain portions of the property, it will allow for the use of a “conservation approach to development”, thus allowing areas that are either wetland or significant natural features to be preserved in some fashion and not developed in any manner. Mr. Ruane noted that page 138 of the Comprehensive Plan Update notes that this area is one that should be modified to allow this type of development.
Public Hearing
Council President McGlumphy declared the hearing open.
Dr. James McClements, President of MCCK, LLP, stated that approximately 60 acres of the 300 acre parcel would be developed, with the remainder being deeded to the State within the next month or so for use as a nature preserve. He noted that they were proposing a senior community with either single-family or duplex units.
With no one else wising to speak, Council President McGlumphy declared the hearing closed.
Mr. Speed moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of August 25, 2003.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF KENTON ROAD AND DENNY’S ROAD, CONTAINING APPROXIMATELY 263.13 ACRES +/-, KNOWN AS NORTHGATE VILLAGE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RM-1 (Medium Density Residence Zone) to RM-1 (Medium Density Residence Zone) and RM-2 (Medium Density Residence Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RM-1, containing 263.13 +/- acres, to RM-1, for 224.8682 acres, and RM-2 , for 38.2617 acres on that property located on the southeast corner of Kenton Road and Denny’s Road, known as Northgate Village, owned by MCCK, LLC.
ADOPTED: OCTOBER 13, 2003
LEGISLATIVE AND FINANCE COMMITTEE REPORT - SEPTEMBER 22, 2003
The Legislative and Finance Committee met on September 22, 2003, with Chairman Speed presiding.
Proposed Ordinance Amendment - Section 1-6 Sponsoring, Consideration, Passage and Effective Date of Ordinances and Charter Amendments (Sponsors: Councilmen Ritter, Ruane, and Speed)
Mr. Speed informed members that the proposed ordinance amendments to Section 1-6 of the Dover Code would eliminate the need for a member of the Legislative and Finance Committee to sponsor Charter and/or Code amendments. Currently, in order to bring Charter and/or Code amendments before the Legislative and Finance Committee, it is required to have three (3) sponsors to consist of two (2) members of Council and one (1) member of the Legislative and Finance Committee. The proposed ordinance amendments would allow any three (3) members of Council to bring items before the Legislative and Finance Committee, making it less restrictive.
The committee did not act on the proposed ordinance amendment and; therefore, there was no recommendation.
Mr. Speed moved for approval of the ordinance amendment, as presented, seconded by Mr. Ritter and carried by a roll call vote of five (5) yes, four (4) no (Mr. Carey, Mrs. Williams, Mr. Truitt, and Mr. Salters). The First Reading of the ordinance will take place during the Committee Meeting of October 27, 2003.
Mr. Speed moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
CITY MANAGER’S MONTHLY REPORT (DEFERRED DURING SEPTEMBER 22, 2003 MEETING - REQUEST OF COUNCILMAN RITTER)
Mr. Ritter requested that the following information be provided in the City Manager’s Monthly Reports:
• Active Projects and Projects in Design - Percentage Complete for each project.
• Human Resources Employee Stats - Include number of vacant positions and number of employees hired during the month.
• Capital Improvement Projects (CIP) - Percentage Complete
• Parks and Recreation Monthly Highlights - Percentage Complete
• Public Works Construction Projects - Percentage Complete for each project
• Committee/Council Action Form Updates - Percentage Complete and expected completion date
Mr. DePrima noted that a separate CIP report was provided monthly which lists the progress of each project. Referring to the status of new subdivisions, Mr. DePrima noted that they were private developments; therefore, it would be difficult to determine their status.
Responding to Mr. Ritter, Mr. DePrima stated that the City’s internet service has been paying for itself and generating revenue for approximately a year and a half.
Referring to page 14, Mr. Ritter noted that the wastewater flows to Kent County had increased from 119 mgd to 173 mgd and asked if staff had budgeted for the increase. Mr. DePrima stated that staff budgets for an “average” year and the amount of rain this year has caused inflow and infiltration problems. He indicated that they did not anticipate an unusually wet summer at the time the budgets were prepared.
Mr. Ritter moved for acceptance of the City Manager’s August Monthly Report, seconded by Mr. Speed and unanimously carried.
SALARY ADJUSTMENT TO BE EFFECTIVE JULY 1, 2003 - CITY ASSESSOR - $46,099
During an executive session held on September 22, 2003, members of Council reviewed information regarding the recent salary adjustment for the City Assessor, Mr. Cooper, based on his performance evaluation. It was noted that an error occurred when Council attempted to correct the City Assessor’s salary, which occurred May 29, 2003, after consideration of his step increase based on performance, which occurred April 23, 2003. If the correction to the City Assessor’s salary would have occurred before April 23, 2003, based on his performance evaluation, the City Assessor’s current salary would be $46,099.
By consent agenda, Mr. Carey moved for approval of a salary adjustment for the City Assessor, Mr. Cooper, in the amount of $46,099 to be effective July 1, 2003. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
APPOINTMENTS - TRANSPORTATION REVIEW COMMITTEE - TERMS TO EXPIRE MAY 10, 2004
Council President McGlumphy recommended the following appointments to the Transportation Review Committee:
Eugene B. Ruane, Chairman; Robert G. Ritter; John W. Pitts; Chris Asay (recommended by the Council President); and Richard Ornauer (recommended by the Chairman)
By consent agenda, Mr. Carey moved for approval of the appointments to the Transportation Review Committee with terms to expire May 10, 2003. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
REQUEST FOR DONATION OF ITEM - DOVER ELKS LODGE 1903
A request was received from the Benevolent and Protective Order of Elks (BPOE), Dover Lodge No. 1903 for a donation of merchandise for their annual silent auction to benefit the Make A Wish Foundation and Hospice. Requests for donations were previously handled through the Mayor’s Office; however, due to recent discussions, Mayor Hutchison has requested Council’s guidance regarding this request. Members were provided a price list for City of Dover memorabilia for their consideration.
Mr. Ruane recommended referring the request to the Legislative and Finance Committee, with the understanding that they develop a policy for reviewing such requests. Council President McGlumphy noted that the silent auction was scheduled to be held on Saturday, October 18th; therefore, the time frame would not permit such a review.
Mr. Ruane moved to deny the request for a donation of merchandise to the Dover Elks Lodge 1903. The motion was seconded by Mr. Speed.
Mr. Ruane expressed concern with the possibility of being inundated with similar requests on a daily basis, which would put a burden on the taxpayers. It was his belief that contributions to various community organizations would raise issues regarding conflict of interest and equity among the various groups. Mr. Ruane also felt that he was not in a position to commit taxpayer’s money when they were being asked to pay more for water, electric, and property assessments.
Mr. Salters stated that if a donation was made to one (1) organization, no other organizations could be denied their requests.
Mayor Hutchison stated that the Elk’s Lodge donates the use of their building for City elections. When the Police Department needed bullet proof vests and the City could not afford to buy them, the Elk’s donated them to the City. He stated that, although he understood the concerns expressed, it is important to set aside some money, along with guidelines, in order to fulfill some requests. Mayor Hutchison reminded members that when the City requests donations from local businesses for events such as First Night and the Fourth of July, they are very supportive. He urged some flexibility to allow the City to give back to the community.
Mr. Pitts agreed with the Mayor; however, he did not approve of an open policy. He suggested that this request be denied and a policy be developed.
Mrs. Williams suggested approving this request first, then developing a policy. She noted that renting their building for the election would cost more than the $67.50 for a City flag. Responding to Mr. Ruane, Mrs. Green, City Clerk, stated that a $300 contribution is made to the Elk’s Lodge for the use of their building to hold City elections.
The motion to deny the request for a donation of merchandise to the Dover Elks Lodge 1903 failed by a roll call vote of four (4) yes, four (4) no (Mr. Carey, Mrs. Williams, Mr. Truitt, and Mr. Salters), with Council President McGlumphy abstaining.
Mr. Ruane moved that Council President McGlumphy instruct the Legislative and Finance Committee to develop a policy for gifts and donations, seconded by Mr. Salters and unanimously carried.
Mr. Salters suggested that each member of Council contribute to the purchase of a City flag in order to accommodate the Elk’s request. Council President McGlumphy suggested that members who wish to make a donation should see the City Clerk at the conclusion of the meeting.
COUNCIL MEMBERS COMMENTS
Council President McGlumphy informed members that a decision would be made on the hiring of an Inspector I within the week, the Chief Building Inspector interviews are scheduled for Friday, October 17th, and the Planning and Inspections Director interviews are scheduled to be held prior to the end of the month.
Mr. Ruane moved to adjourn, seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 8:38 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 13, 2003, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Resolution Ratifying and Confirming Sale of the City of Dover, Delaware Water and Sewer Revenue Bonds Series 2003 and Related Matters
Exhibit #2 - Petition to Amend Zoning District - Southeast Corner of Kenton Road and Denny’s Road