REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 24, 2002 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 Deputy Chief Harding, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, 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 Carey declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Ruane requested the addition of item #5-1-A, Bid - Replacement of Granular Activated Carbon - Long Point Road Water Treatment Plant. Mr. Salters requested the addition of item #5-D, Downtown Dover Business Improvement District - Assessment (Tax) Rate for FY 2002-2003.

Mr. Speed moved for approval of the agenda as amended, seconded by Mr. Truitt and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 10, 2002

The Minutes of the Regular Council Meeting of June 10, 2002 were unanimously approved by motion of Mr. Ruane, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.

PRESENTATION - GOVERNOR’S CONSERVATION AWARD

Governor Ruth Ann Minner presented the City of Dover with a Proclamation on April 22, 2002, declaring the City the winner of the Governor’s Conservation Award for Kent County in the urban conservation project category.

On behalf of members of City Council, Mayor Hutchison recognized City employees for receipt of the Governor’s Conservation Award. Mr. Koenig, Public Works Director, informed members that the Kent Conservation District nominated the City of Dover for the Kent County Urban Award in the 2002 Governor’s Conservation Awards Program. The award winning project involved constructing a 32-space private parking lot behind the Dover Public Library on lands of the City of Dover and a private party. The construction of the paved parking lot required storm water management practices to be invoked and the site was required to provide water treatment for storm water runoff.

Mr. Koenig expressed sincere appreciation to Mr. Andy Riggi, P.E., Assistant City Engineer, who designed the parking lot and pond, and who deserves much of the credit for the work of the Department of Public Works. He explained that it was a joint effort involving other City departments as well. The parking lot and bio-retention area was designed and inspected by the Public Works Department. The landscaping design and installation was performed by the Grounds Department.

Mr. Cooper, Grounds Superintendent, gave a Power Point presentation and explained the project.

PROPOSED RESOLUTION - AUTHORIZED SIGNATURES

Members were provided with a revised Authorizing Signatures Resolution for the purpose of updating appropriate signatures for the various financial documents City officials are required to sign. It was noted that there is no change in the investment or banking policy/procedure.

By motion of Mr. Speed, seconded by Mr. McGlumphy, the following Resolution was adopted by a unanimous roll call vote:

WHEREAS, the City of Dover’s investment policy includes the investment of funds up to $100,000 per banking institution, investments in the State of Delaware Investment Pool and the purchase and sale of U.S. Treasury and agency securities; and

WHEREAS, the banking institutions, brokerage firms, trust companies and other various financial institutions require an Authorizing Signature Resolution for the opening of accounts, and for purchasing, selling, transferring, assigning and handling securities;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer assignment and handle securities, and that they are authorized to sign all related forms;

BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature; and

That the following are the office holders authorized for these purposes, until further notice:

                                    Donna S. Mitchell      -          Treasurer

                                    Janice C. Green          -          Assistant Treasurer

                                    Traci A. McDowell    -          Assistant Treasurer

ADOPTED:    JUNE 24, 2002

PUBLIC HEARING/PROPOSED RESOLUTION - ALLEY ABANDONMENT - EAST/WEST BETWEEN 26 SLAUGHTER STREET AND 502-504 AND 508 W. LOOCKERMAN STREETS (ROBERT M. DUNCAN)

A public hearing was duly advertised for this time and place to consider abandonment of an alley running east to west, between 26 Slaughter Street and 502-504 and 508 W. Loockerman Streets, owned by Robert M. Duncan.

Members were reminded that the Planning Commission and Utility Committee recommended approval of the requested abandonment and that, since their review, staff has determined that it will not be necessary for the City to retain a utility easement in this particular instance.

Council President Carey declared the public hearing open.

There being no one present wishing to speak, Council President Carey declared the public hearing closed.

Mr. Salters moved for approval of the request for abandonment of an alley running east to west, between 26 Slaughter Street and 502-504 and 508 W. Loockerman Street. The motion was seconded by Mr. Speed and by a unanimous roll call vote, Council adopted the following Resolution:

A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

Section 1. The Council of the City of Dover hereby vacates and abandons the following alley:

All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, an alley running east to west, lying on the westerly side of Slaughter Street between Loockerman Street and North Street and the alley parallel to Loockerman Street, being 10 feet wide and approximately 100 feet in length, comprising 1,000 square feet, more or less.

Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.

Section 3. All costs of conveyance shall be borne by the property owners.

Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.

ADOPTED: JUNE 24, 2002

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on June 10, 2002 with Chairman Salters presiding.

Review of Military Leave Policy - Section 23 of the Employee Handbook

Members considered an amendment to Article VI, Section 23, of the City of Dover Employee Handbook that would provide “Military Service Mobilization Adjustment Pay” to employees who are members of the Military Reserve or Guard units and have been activated. Mobilization Adjustment Pay is the difference between the reservist’s military pay and his or her civilian base pay. Members were provided an excerpt from the City of Wilmington Personnel Policy Manual that addresses Mobilization Adjustment Pay. It was noted that the State of Delaware provided Mobilization Adjustment Pay for reservists during operations Desert Storm and Desert Shield. Senate Bill #272 adds the current operations, Noble Eagle and Enduring Freedom, to the list of qualifying operations.

Members were provided an amendment to the City of Dover Employee Handbook that would amend the City’s military leave benefits to include an adjustment for up to one year and allow for the accumulation of sick and vacation leave. Currently, the policy allows the adjustment for the two week reserve-training period. Considering the relatively low number of employees who are in the Guard or Reserves, and the minor impact, if any, on the total budgets, staff recommended that Article VI, Section 23 - Military Leave, of the City of Dover Employee Handbook be amended in accordance with the proposal, with the understanding that approval be obtained from the union members to amend their contracts accordingly. It was also recommended that this amendment be made retroactive to September 11, 2001.

During the committee meeting, Mr. Speed suggested several amendments to the proposal. The committee recommended approval of the amendment to the City of Dover Personnel Policy, as amended.

Mr. Speed advised members that it has been brought to his attention that the amendment should include the words “base” where necessary to clarify that the salary to be considered is that of the employee’s City base salary only and not to include income such as overtime, etc.

Mr. Salters moved for approval of the amendment to Article VI, Section 23 - Military Leave, of the City of Dover Employee Handbook as recommended by the committee and the amendment for the word “base” to be included prior to the word “salary” where applicable. The motion was seconded by Mr. Speed and by a unanimous roll call vote, Council adopted the following amendment:

Section 23. Military Leave

Military Training Leave

Full-time, permanent employees who are members of the National Guard or Armed Forces Reserve will be allowed ten (10) work days military training leave per calendar year. If the compensation received while on military leave is less than the base salary that would have been earned during this same time period as a City employee, the employee shall receive partial compensation equal to the difference in the base salary earned as a reservist or guardsman and the base salary that would have been earned during this same period as a City employee. The effect will be to maintain the employee’s salary at a normal level during this period. If such military duty is requested beyond this ten (10) work day period, the employee shall be eligible to take accumulated vacation leave or be placed in a leave without pay status. While taking military leave with partial pay or without pay, the employee’s leave credit and other benefits shall continue to accrue as if the employee physically remained with the City during this period. An employee may use vacation time for the ten (10) days military duty and receive both vacation pay and any pay to which he/she is entitled under this policy. An employee must notify his/her supervisor a minimum of ten (10) days prior to taking military leave.

The pay received from the military while on military leave shall not be considered as pay for pension purposes. No employee pension contributions will be deducted, the City will not make pension contributions based on the pay and the pay shall not be used to compute pension benefits.

Active Duty

Full-time, permanent employees who are guardsmen and reservists have all the job rights specified in the Veterans Readjustment Assistance Act. All employees who enlist or are reactivated in one of the military services will be granted on application a military leave of absence for a maximum period of five (5) years.

Military Mobilization Pay

If the compensation received by full-time permanent employees while on military leave as a result of individual or military unit mobilization is less than the base salary that would have been earned during this same time period as a City employee, the employee shall receive partial compensation equal to the difference in the military compensation earned as a reservist or guardsman and the base salary that would have been earned during the same time period as a City employee. This differential shall be paid for a time period of up to one year from the date the employee reports to active military service duty and shall cease upon termination of the active duty assignment. Military compensation shall include base pay, all special pay, bonuses and allotments, and any other direct compensation received as a result of mobilized military service from the government of the United States or any State government.

Reemployment After Military Service

Upon release from military service with an honorary discharge, a retiring veteran must apply for reinstatement as follows:

Service Time                                                               Return

30 days or less            Beginning of the next regularly scheduled work period on the first full day following completion of service and expiration of an 8 hour rest period following safe transportation home.

31 to 180 days            Application of reinstatement must be submitted not later than 14 days after completion of military duty.

180 or more days        Application for reinstatement must be submitted not later than 90 days after completion of military duty.

Benefits

When the veteran is returned to active employment all benefits previously earned such as sick leave, longevity pay, unused vacation time and cost of living increases shall be credited to his record. Time spent while on active duty shall be credited towards completed year’s service with the City for the purpose of computing retirement time, vacation time, and longevity increases. Benefits such as sick leave or vacation leave shall be earned while on active duty.

An eligible City employee shall receive uninterrupted health insurance benefits at the same level as before he or she was called to active duty for a period of up to one year from the date the employee actually reports to active military service. The employee shall also be allowed to continue pension contributions based on his or her normal base pay.

Part-time Employment

Part-time permanent employees working less than twenty (20) hours per week and temporary employees are eligible for military leave but not partial compensation.

Proposed Ordinance Amendment - Section 5-89(e) - Dangerous Buildings

Members were advised of a recent decision by Kent County Superior Court President Judge, Henry duPont Ridgely, involving a Town of Smyrna demolition ordinance. The Court questioned the lack of due process if the property owner received a demolition order from the Building Inspector and had no right to repair the property himself or to have a hearing on the Building Inspector’s decision. Mr. Petit de Mange noted that the Smyrna ordinance is probably identical to the City’s Section 5-87(c) - Standards for Repair, Vacation or Demolition. Only if the property owner does not comply with the order of the Building Inspector is there a hearing before Council as provided by Section 5-90 - Hearing Before Council. Although the action of the Town of Smyrna was upheld because a public hearing was held similar to the City of Dover’s required public hearings set forth in Section 5-90, City Solicitor Rodriguez felt that Section 5-89 - Duties of Building Inspector, Section (e), of the Dover Code, which is the notice given by the Building Inspector to the owner, should be amended to provide the property owner with the right to a hearing before Council in order to appeal the Building Inspector’s decision.

The committee recommended approval of the proposed amendment to Section 5-89(e) of the Dover Code to incorporate the appeal process.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Speed and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).

Bid - Electric Stock Material

The Electric Department uses many items for system maintenance and upgrade. Staff prepared a list of frequently used items, totaling 640, and solicited bids. The City purchases these electric stock materials through a blanket bid process, which has proven to be a very cost-effective way of purchasing. Vendors guarantee their bid prices for the entire year for most of the items; however, some are subject to escalations in price based on market prices for raw materials such as oil and copper.

Upon evaluation, staff recommended awarding the bids for the period of July 1, 2002 through June 30, 2003, as follows:

                                       King Wire                            -                          $12,650.00

                                       NTS                                      -                            50,112.50

Rigby-149,145.79

                                       Rumsey                                -                          173,582.40

                                       Special Fleet                         -                            20,464.63

                                       Tecot                                    -                            53,081.88

                                       Tristate                                 -                            82,438.31

                                       Utiliserve                              -                          426,164.17

                                       Wesco                                  -                          750,997.52

The committee recommended approval of the purchase of electric stock materials from vendors as indicated, in the amount of $1,718,637.20, as recommended by staff.

Mr. Salters moved for approval of the bids for the electric stock materials in accordance with the committee’s recommendation. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.

Downtown Dover Business Improvement District - Assessment (Tax) Rate for FY 2002-2003

During the committee meeting held earlier this evening, members reviewed the proposed annual budget and assessment for the Downtown Dover Business Improvement District. In accordance with Appendix D, Article III, Section 9(f) of the Dover Code (Downtown Dover Business Improvement District Ordinance), an annual budget and assessment must be adopted each year. For informational purposes, staff also provided members with the total revenues and expenses of Main Street Dover, Inc. for 2001-2002 Revised and 2002-2003 Proposed. Staff recommended approval of the proposed budget ordinance for Downtown Dover BID and the Assessment (Tax) Rates for FY 2002-2003, as follows:

                                                                 Zone 1               Zone 2               Zone 3               TOTAL

             Assessment Tax Rate

                Per $100 Assessment                 0.145                 0.1025              0.035                  —

             Revenue Raised                          $21,094             $21,484             $4,882               $47,460

             % Revenue Raised                       44%                 45%                11%                 —

             Number of Parcels                       124                   120                  50                   294

             Average Assessment                    $170                  $179                 $97                  $149

The committee recommended approval of the budget ordinance and the assessment (tax) rates for FY 2002-2003 for the Downtown Dover BID as recommended by staff.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Speed and unanimously carried. (Council President Carey noted that the approval will require a First Reading of the ordinance which will take place during the latter part of the meeting; therefore, an additional agenda item is necessary for its consideration during the First Reading of ordinances).

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met earlier this evening with Chairman Ruane presiding.

Replacement of Granular Activated Carbon - Long Point Road Water Treatment Plant

During the committee meeting held earlier this evening, members reviewed bids for the replacement of Granular Activated Carbon at the Long Point Road Water Treatment Plant. As part of the 2002 Annual Operating Budget, the Department of Public Works requested funds to replace the Granulated Activated Carbon (GAC) at the Long Point Road Water Treatment Plant. The Long Point Road Water Treatment Plant uses GAC to remove impurities and contaminants from the Columbia Aquifer water supply prior to discharging potable water into the City’s water distribution system. The removal of impurities and contaminants helps control taste and odor complaints. There are five (5) carbon vessels located at the plant. Each vessel holds 20,000 lbs. of GAC. The carbon vessels and GAC currently in use at the plant were supplied by the Calgon Carbon Corporation as part of the original construction of the water treatment plant completed in 1995. The Department of Public Works requested the assistance of the Calgon Carbon Corporation to prepare a bid specification which continued the use of the existing carbon medium.

The committee recommended awarding the bid for the replacement of Granular Activated Carbon (Contract #2002-04) to Calgon Carbon Corporation in the amount of $78,800.00, as recommended by staff. Calgon Carbon Corporation issued a letter of assurance that supply, installation, and invoicing will be completed prior to June 30, 2002.

Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.

Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Speed and unanimously carried.

APPOINTMENTS BY MAYOR HUTCHISON

Mayor Hutchison recommended approval of the following appointments:

            Board of Adjustments - 3 Year Term to Expire July 2005

            Frederick Tolbert (reappointment)

             Dover Parking Authority - 5 Year Term to Expire July 1, 2007

             Lyle P. DeMarie (reappointment)

            Ethics Commission - 5 Year Term to Expire July 31, 2007

            Dennis K. Jones (reappointment)

Greater Dover Arts Council - 2 Year Term to Expire June 1, 2004

            Jeff Fulgham (replaces Mike Nielson)

            Historic District Commission (Reappointments) - 3 Year Terms to Expire July 2005

            C. Terry Jackson and James D. McNair

Mr. Ruane moved for approval of the appointments as recommended by Mayor Hutchison, seconded by Mr. Speed and unanimously carried.

MONTHLY REPORTS - MAY 2002

By motion of Mr. McGlumphy, seconded by Mr. Ruane, the following monthly reports were accepted by consent agenda:

            Budget Report

            Chief of Police Report

City Assessor Report

City Clerk/Alderman Report (Fines)

            City Manager's Report

            Mayor's Report

            Planning and Inspections Report

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 July 8, 2002.

Mr. Salters moved for acknowledgment of the First Reading of the following proposed ordinances, by title only, seconded by Mr. McGlumphy and unanimously carried:

Article VI - Dangerous Buildings, Section 5-89 - Duties of Building Inspector, Subsection (3), Paragraph (4)

Downtown Dover Business Improvement District (BID) - Cash Receipts/Budget for FY 2002/2003

FINAL READINGS - PROPOSED ORDINANCES

The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 10, 2002. Mr. McGlumphy moved that the Final Readings of the proposed ordinances be acknowledged by title only, seconded by Mrs. Williams and unanimously carried.

Notification of Tax Rate Increase Over the Rolled Back Tax Rate

Mr. McGlumphy moved for adoption of the following ordinance, seconded by Mrs. Williams and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Ritter and Mr. Speed):

WHEREAS, the 2001/2002 fiscal year property tax rate for the City of Dover is $.685 (sixty eight and one half cents) per hundred of assessed value and the Tax Assessor reported that the total assessed value of property at the beginning of the year was $877,299,000; and

WHEREAS, upon completion of the re-evaluation completed in 2002, the Tax Assessor is reporting the total assessed value minus new construction assessed in 2001/2002 to be $991,078,520; and

WHEREAS, Delaware State Law: 22 Delaware Code Section 1105(b) requires municipalities to calculate a “rolled-back” tax rate so as to provide the same tax revenue as was levied during the prior fiscal year and to state that the percent, if any, by which the property tax rate to be levied exceeds the “rolled-back” property tax rate.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That the City of Dover “rolled-back” tax rate is $.6015 per hundred of assessed value, and the 2002/2003 tax rate is to be set at $.685 per hundred of assessed value, the increase over the rolled-back tax rate being 13.9%.

ADOPTED:    JUNE 24, 2002

Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations

After being contacted by several representatives of the downtown business community, several members felt that this matter should be referred to the Legislative and Finance Committee for further review prior to taking final action.

Mr. Ruane relayed concern with delaying action on the proposed ordinance since the consequence of taking no action at this time will, in effect, affect the budget ordinances which are being presented to Council for adoption.

Responding, Mr. Salters explained that any affect would be minimal since, historically, the trend has been to receive more revenues than what has been budgeted. He reminded members that all revenues and receipts included in the budget are estimates.

Mr. Truitt moved to table action on the proposed ordinance amendment to Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations, of the Dover Code. The motion was seconded by Mr. Ritter and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Ruane).

Due to its budget impact, Council President Carey suggested that the Legislative and Finance Committee move forward in considering this matter in a timely manner.

Budget Ordinances - Proposed 2002/2003

Mr. Truitt moved for adoption of the following ordinances, seconded by Mrs. Williams and carried by a roll call vote of five (5) yes, four (4) no (Mr. Ritter, Mr. Pitts, Mr. McGlumphy, and Mr. Speed):

2002/03 BUDGET ORDINANCES

GENERAL FUND

CASH RECEIPTS AND BUDGET FOR 2002/03

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.       The amount hereinafter named aggregating Twenty-One Million Seven Hundred Forty-Two Thousand Two Hundred Sixteen Dollars ($21,748,816) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2002, and ending June 30, 2003: