REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 28, 2003 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Captain Kurtz, Mr. Cooper, Mrs. Mitchell, Mr. Jorgenson, Deputy Fire Chief Boyer, Mr. DePrima, 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 Carey declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Lois Myers, 136 Spruance Road, advised members of concerns regarding parking and zoning violations that are occurring on Spruance Road. It appears that there is a limousine service operating out of a home on Spruance Road, and as a result, several vehicles are illegally parking on the street.
Dr. Margarete McKay, 54 Rodney Road, relayed concerns regarding Council’s activities for some recent decision making, democratic procedures generally, and Delaware’s Freedom of Information Act (FOIA). She reminded members that some of these concerns were previously expressed in a letter she co-authored from the League of Women Voters concerning the Council’s lack of transparency in its deliberations. Dr. McKay indicated concerns of Council meeting in closed session last week to discuss salary allocations for senior staff positions and that conclusions were made at that time, and that Council plans to formally confirm those conclusions at this meeting tonight. She submitted several questions of Council regarding their recent activities and requested that members postpone a formal vote on these matters until such time as the Delaware Attorney General’s Office can investigate and determine whether Council violated FOIA.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy requested the deletion of item #3E, Proposed Ordinance Amendments - Chapter 11 - Licenses, Section 11-4 - License Required; Fee and item #9-B, First Reading - Chapter 11 - Licenses, Section 11-4 - License Required; Fee.
Mr. Speed moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 14, 2003
The Minutes of the Regular Council Meeting of April 14, 2003 were unanimously approved by motion of Mr. Truitt, seconded by Mr. McGlumphy and bore the written approval of Mayor Hutchison.
RESOLUTION/PRESENTATION - CITY OF DOVER SILVER MEDAL OF VALOR - JAMES E. BAYNARD
The City Clerk read the following Resolution into the record:
WHEREAS, on February 28, 2003, a frigid day that reached a high of 36 degrees, Mrs. Hester Dolan found herself in a life threatening situation when she fell on the snow-covered ground outside of her home and was unable to get up; and
WHEREAS, Mr. James E. Baynard, an Electric Utility Locator for the City of Dover, while routinely going about his work day, heard a suspicious sound coming from a neighboring home, but was unable to identify it; and
WHEREAS, after completing his work and packing his equipment, Mr. Baynard, hearing the noise again, investigated and when he approached the home of 704 Main Street, Little Creek, he witnessed Mrs. Dolan on the frozen ground and immediately rushed to her aid; and
WHEREAS, Mr. Baynard safely escorted Mrs. Dolan inside of her home and waited as she called a friend for assistance and further expressed his concern by checking on her several days after the incident to assure she was alright; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that due to the actions of Mr. Baynard on February 28, 2003, he prevented a potentially life threatening situation.
2. In recognition of this act, the Mayor and Council award Mr. Baynard the City of Dover Silver Medal for Valor, 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 their gratitude.
ADOPTED: April 28, 2003
Mr. McGlumphy moved for adoption of the Resolution, seconded by Mr. Speed and unanimously carried.
Mayor Hutchison, along with Council President Carey and Mr. DePrima, assisted Mrs. Dolan in presenting the Silver Medal of Valor to Mr. James Baynard.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - APRIL 14, 2003
The Legislative and Finance Committee met on April 14, 2003, with Chairman Salters presiding.
Annual Review of Pension Benefits Paid to All Civilian Retirees
During the Civilian Pension Board Meeting of March 25, 2003, members recommended a 1.5% COLA increase to all City of Dover retirees that retired prior to December 31, 2002, and that it be retroactive from January 1, 2003. Mrs. Mitchell noted that the recommendation should be amended to allow for the increase to be effective July 1, 2003, not retroactive, since the current COLA is in effect until June 30, 2003.
The committee recommended approval of a 1.5% cost of living adjustment (COLA) to become effective July 1, 2003 for all civilian retirees.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Proposed Ordinance Amendment - Article IX, General Employee Pension Plan
During the March 25, 2003 Civilian Pension Board Meeting, members reviewed proposed changes to Article IX - General Employee Pension Plan, as recommended by the City’s Actuary, Mr. Al Pike, to clarify provisions relating to employee contribution refunds. It was noted that the amendments were recommended to clarify the interest rate to be paid when refunding contributions to retirees.
The Civilian Pension Board recommended approval of the proposed amendments to Article IX - Section 2-186 - Form of Benefits.
The committee recommended approval of the proposed amendments to Article IX - Section 2-186 - Form of Benefits, with amendments, as recommended by the Civilian Pension Board.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Arbitrage Rebate
Every five years, the Internal Revenue Service requires the City to have its bond reserves for the refunded bonds analyzed for arbitrage. The Internal Revenue Code provides that a local government investing tax-exempt debt issue proceeds in non-tax exempt investments at rates higher than that being paid on the debt may have to rebate the excess interest earned to the U. S. Treasury. This calculation was recently completed on the City’s 1993 Bond Issues for Water/Sewer and Electric Bonds. The final calculation results in a payment due to the U.S. Treasury in the amount of $43,500 on the 1993 Water/Sewer Bonds and $0 (zero) on the 1993 Electric Revenue Bonds.
The committee recommended approval of the payment to the U.S. Treasury in the amount of $43,500 to be offset by a transfer from the Bond Reserve Account, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.
Evaluation of Bids - Playground Equipment/Structures and Installation at Silver Lake Park
During the committee meeting held earlier this evening, members considered bids for the purchase of new playground equipment and structures, including the installation, for Silver Lake Park, as detailed in the FY-2003 Operating Budget and the 2003-2007 Capital Investments Plan. Mr. Carter informed members that the proposed playground area is the result of input obtained from approximately 25 families who attended a public workshop to discuss the playground.
Staff recommended the issuance of a purchase order to the low bidder, Liberty Parks & Playgrounds, Inc. of Smyrna, Delaware, in the amount of $54,992 for the purchase and installation of playground equipment and structures, as specified.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved to authorize the issuance of a purchase order to Liberty Parks & Playgrounds, Inc., in the amount of $54,992 for the purchase and installation of playground equipment and structures, as recommended by the committee. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
MONTHLY REPORTS - MARCH 2003
By motion of Mr. McGlumphy, seconded by Mr. Salters, the monthly reports for March 2003 were unanimously accepted by consent agenda, as follows:
Budget Report
Capital Projects and Vehicle/Equipment Purchases
Chief of Police Report
City Assessor Repot
City Clerk/Alderman Report (Fines)
City Manager’s Report
Mayor’s Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
REAPPOINTMENTS (RECOMMENDED BY MAYOR HUTCHISON) - GREATER DOVER ARTS COUNCIL - 2 YEAR TERMS TO EXPIRE JUNE 1, 2005
Mayor Hutchison requested reappointments to the Greater Dover Arts Council for Two-Year Terms to expire June 1, 2005, as follows:
Jane Richter Jackie LaGuardia McCabe
Lynn Appel Katja R. Lackey
Fred Kaltreider
Mr. McGlumphy moved to approve the reappointments to the Greater Dover Arts Council, as recommended by Mayor Hutchison, seconded by Mr. Speed and unanimously carried.
REAPPOINTMENT (RECOMMENDED BY MAYOR HUTCHISON) - DOVER PUBLIC LIBRARY COMMISSION - 5 YEAR TERM TO EXPIRE JUNE 16, 2008
Mayor Hutchison requested the reappointment of Gertrude Jackson to the Dover Public Library Commission for a Five-Year Term to expire June 16, 2008.
Mr. Salters moved to approve the reappointment of Gertrude Jackson to the Dover Public Library Commission, as recommended by Mayor Hutchison, seconded by Mr. Pitts and unanimously carried.
REAPPOINTMENT (RECOMMENDED BY MAYOR HUTCHISON) - DOVER HUMAN RELATIONS COMMISSION - 3 YEAR TERM TO EXPIRE JUNE 1, 2006
Mayor Hutchison requested the appointment of William H. Franklin, Jr. to the Dover Human Relations Commission for a Three-Year Term to expire June 1, 2006.
Mr. McGlumphy moved to approve the appointment of William H. Franklin, Jr. to the Dover Human Relations Commission, as recommended by Mayor Hutchison, seconded by Mr. Salters and unanimously carried.
CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
In accordance with Section 7-18 of the Dover Code, the City Manager performed the semi-annual inspection of the Robbins Hose Company. Mr. DePrima reported that the equipment and facilities of Robbins Hose Company are being maintained in excellent condition. After meeting with the Fire Chief, he noted the following points:
►Volunteer response rate remains strong to fire calls. The average turnout for a general alarm is 28 firefighters.
►Training activity: There are six (6) new members since the last report. Three (3) members are attending basic firefighter training, and four (4) are taking driver training. Five (5) firefighters are also taking homeland security training. There are also eight (8) firefighters who completed ladder truck driver training, which is a six-month training process.
►Year-to-date fire calls total 315; this is 62 more when compared to the same time last year.
►Two new engines (#3 and #6) have been ordered, and delivery is expected during the first week of August. The old engine #6 has been sold to Greenville, Tennessee.
►Dispatch operations are normal. There are no problems to report.
►There is one public relations activity scheduled. Station #1 will be open during Old Dover Days in May.
►The condition of the buildings is good. There are two projects out to bid. One involves replacement of the concrete apron including sidewalk and curb on Reed Street at Station #1. The second involves replacing the roof on the 1929 section of Station #1.
►The Information Technology Department is now providing support to the Fire Department, and the Fire Chief is pleased with those services. Additional cross training is now taking place between the Information Technology and Fire Department staff.
Mr. Salters moved for acceptance of the City Manager’s report on the semi-annual inspection of the Robbins Hose Company, seconded by Mr. Speed and unanimously carried.
ELECTION RESULTS - 2003 MUNICIPAL ELECTION
The City Clerk reported the following results for the 2003 Municipal Election as certified by the Election Judge:
Third District
Robert G. Ritter, Jr. 658
Timothy A. Slavin 337
Total District Votes Cast 995
Total Registered Voters7,084
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 At-Large, First District, Second District, and Fourth District positions were unopposed, the following will be sworn into office for two (2) year terms:
At-Large - Carleton E. Carey, Sr.
First District - Stephen R. Speed
Third District - Eugene B. Ruane
Fourth District - Reuben Salters
Mr. McGlumphy moved for acceptance of the 2003 Municipal Election Results as reported by the City Clerk, seconded by Mr. Pitts and unanimously carried.
REZONING REQUEST/FIRST READING - SAULSBURY ROAD, OWNED BY K.B. INVESTMENTS
A request was received to rezone property located on the east side of Saulsbury Road, 500+/- feet north of Route 8 and Saulsbury Road intersection, owned by K.B. Investments. The property is currently zoned RG-1 (General Residence) and COZ-1 (Corridor Overlay) and the requested zoning is C-PO (Commercial/Professional Office) and COZ-1 (Corridor Overlay).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. McGlumphy, seconded by Mr. Speed, Council unanimously referred the request to the Planning Commission for May 19, 2003 and set a public hearing for June 9, 2003 at 7:30 p.m. 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 ON THE EAST SIDE OF SAULSBURY ROAD, 500+/- FEET NORTH OF ROUTE 8 AND SAULSBURY ROAD INTERSECTION.
FIRST READING - PROPOSED ORDINANCES
Mr. Speed moved to waive the reading of the proposed ordinances before Council, seconded by Mr. McGlumphy and unanimously carried. Council President Carey 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. Final action by Council on the proposed ordinances will take place during the Council Meeting of May 12, 2003.
Mr. Speed moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. McGlumphy and unanimously carried:
Chapter 2 - Administration, Article IX - General Employee Pension Plan
Section 2-186 - Form of Benefits, Subsection (b)
Section 2-190 - Termination of Employment, Subsection (d)
Section 2-196 - Contributions, Subsection (d)
Section 2-208 - Powers, Subsection 7
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of April 14, 2003:
Revised Budgets for Fiscal Year 2002/2003
Mr. McGlumphy moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Truitt and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. McGlumphy and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Ritter):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2002 and ending June 30, 2003:
A. GENERAL FUND
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
State Grant - Downtown Amenities $623,649 ($593,649) $30,000
State Grant - N. Dover Complex 0 20,000 20,000
Greater Dover Committee Gift 0 2,000 2,000
Sale of Land 0 17, 500 17,500
CURRENT ADDITIONS REVISED
EXPENDITURES BUDGETS (REDUCTIONS) BUDGETS
Recreation $562,327 $32,046 $594,373
Debt Service 677,516 11,027 688,543
Transfer to Pension Funds 0 140,910 140,910
Downtown Amenities Phase III 721,200 (721,200) 0
Budget Balance 1,766,293 (16,932) 1,749,361
B. WATER/WASTEWATER FUND
CURRENT ADDITIONS REVISED
EXPENSES BUDGETS (REDUCTIONS) BUDGETS
Debt Service - Water $814,768 $54,307 $869,075
Debt Service - Wastewater 867,697 (14,311) 853,386
Transfer to Pension Fund 0 47,190 47,190
Budget Balance - Water 828,523 (77,902) 750,621
Budget Balance - Water Wastewater 567,939 (9,284) 558,655
C. ELECTRIC REVENUE FUND
CURRENT ADDITIONS REVISED
EXPENSES BUDGETS (REDUCTIONS) BUDGETS
Transfer to Pension Fund $0 $141,900 $141,900
Debt Service 2,636,040 85,020 2,721,060
Budget Balance 3,805,355 (226,920) 3,578,435
D. TRANSPORTATION ENHANCEMENT GRANT
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
Transfer from General Fund $721,200 $(721,200) $0
Grants Revenue 0 468,480 468,480
CURRENT ADDITIONS REVISED
EXPENSES BUDGETS (REDUCTIONS) BUDGETS
Timothy Hanson House $180,000 $(180,000) $0
Downtown Dover Phase III 450,000 18,480 468,480
New Burton Rd/Schutte Park 91,200 (91,200) 0
E. COMMUNITY TRANSPORTATION IMPROVEMENT FUND
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