REGULAR COUNCIL MEETING

The Regular Council Meeting was held on May 28, 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 Chief Horvath, 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. McGlumphy requested the addition of item #5-C(1), Proposed Resolution - Moratorium on Single Family Conversions, and item #5-C(2), Bid - Foundation for Police Warehouse Project #2002-PD0101.

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

ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 13, 2002

The Minutes of the Annual Council Meeting of May 13, 2002 were unanimously approved by motion of Mr. Speed, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.

PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR BEGINNING JULY 2001

The Distinguished Budget Presentation Award for Fiscal Year beginning July 2001, from Government Finance Officers Association, was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares and presents its budget. Mayor Hutchison presented the award to Mr. DePrima, City Manager, who accepted the award on behalf of Mrs. Tieman, Director of Administrative Services, and indicated that Mrs. Mitchell, Finance Director/Treasurer, played a major role in the preparation of the document. As has been expressed in previous years, Mr. DePrima reiterated that the budget is a team effort by staff and City Council and relayed appreciation to all who assisted in the preparation of such an excellent document.

APPOINTMENTS - MAYOR HUTCHISON

Mayor Hutchison recommended the following appointments:

            Downtown Dover Development Corporation - 3 Year Terms to Expire 4/23/2005

Arden M. Bardol - Private Citizen Representative (reappointment)

Jeff Fulgham - Business Representative, Acting Main Street Manager

Renee Smith - Private Citizen Representative (replaces Dr. Walter Davis)

            Silver Lake Commission - Annual Appointment

            Gordon Massey, Jr. (replaces Michael Malkiewicz)

            Greater Dover Arts Council - 2 Year Terms to Expire 6/1/2004

            Edward Curley (reappointment)

            Debora Hansen (reappointment)

            Gary Knox (reappointment)

            Dr. Scott Miller (reappointment)

            Andrew Marshall (replaces Daniel J. Kaiser)

            Planning Commission - 3 Year Terms to Expire 6/1/2005

            Col. Robert D. Welsh - First District (reappointment)

            Francis C. Nichols - First District (replaces Frank Traynor)

            Thomas Holt - Third District (reappointment)

Mr. Ruane moved for approval of Mayor Hutchison’s committee appointments by consent agenda, seconded by Mr. Speed and unanimously carried.

APPOINTMENT BY CHAIRMAN SALTERS - CIVILIAN COMMITTEE MEMBER

Mr. Salters recommended the appointment of Mr. Dana T. Shelton to serve as the civilian member of the Legislative and Finance Committee.

Mr. Speed moved for approval of the appointment of Mr. Shelton, as recommended by Mr. Salters, seconded by Mr. McGlumphy and unanimously carried.

APPOINTMENTS - RECOMMENDED BY COUNCIL PRESIDENT CAREY

Council President Carey recommended approval of the following appointments:

            Chaplain Wallace Dixon - City Chaplain (Annual Appointment expires June 2003)

            Richard Snaman - Utility Committee (replaces Francis C. Nichols)

Mr. Speed moved for approval of the appointments, as recommended by Council President Carey, seconded by Mr. McGlumphy and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

During the Legislative and Finance Committee meeting held earlier this evening, with Chairman Salters presiding, it was requested that the following items be forwarded to Council for action:

Proposed Resolution - Moratorium on Single Family Conversions

During the Open Forum Segment of the Regular Council Meeting of April 22, 2002, several residents addressed members regarding activities occurring in the vicinity of North Governors Avenue and requested assistance from the City. As a result, staff was directed to institute a moratorium on single family conversions and submit a proposed resolution for consideration.

Mr. Petit de Mange explained that the moratorium would create a period for the development of ordinances to further regulate the conversion of single family homes to apartment houses and to specifically review the issue of student housing facilities in and around the vicinity of Wesley College. Although the moratorium would be for a maximum of one (1) year, Mr. Petit de Mange felt that the proposed ordinances would be prepared prior to that time.

Mayor Hutchison suggested that a vigorous effort be given to the inspection of the converted apartment housing in this area and those that are not in conformance should be made to revert to their proper use. He also advised members that a meeting is scheduled with the presidents of Wesley College and the University of Delaware and that, in order to more completely resolve the problems, they will establish written guidelines and a policy for students, to be implemented prior to September 2002.

In regards to the inspection of the apartment housing in the area, it was requested that garages also be included in the inspections.

Mr. Speed suggested that the word “prohibiting” in the fifth paragraph of the Resolution be amended with the words “further regulating”. Staff relayed no objections to the amendment.

During the committee meeting, Mr. John Anetrella, 405 N. Governors Avenue, thanked members for their efforts to resolve the problems on North Governors Avenue. It was his feeling that the proposed moratorium deals with pending issues or curtailing an escalation and that there is a need to address those problems that currently exist. He suggested further discussion regarding the action that can be taken to deal with the owners of rental properties who continually rent these residences to delinquent students or citizens and how they can be better policed.

The committee recommended adoption of the Resolution with the amendment to the fifth paragraph as suggested.

By motion of Mr. Salters, seconded by Mr. McGlumphy, the following Resolution was adopted as recommended by the committee by consent agenda:

WHEREAS, the Mayor and City Council seek to preserve, protect and promote the general health, safety and welfare of the citizens of the City of Dover through the enactment of certain codes, ordinances and other regulatory tools and policies that are necessary and good to achieve that end; and,

WHEREAS, the Mayor and City Council endeavor to achieve and maintain well balanced, attractive and stable residential neighborhoods for the benefit and enjoyment of current and future residents of the Capital City; and,

WHEREAS, it has come to the attention of the Mayor and City Council through numerous citizen complaints and documented City enforcement actions that the City of Dover is experiencing a serious threat to the calm, repose and essential single family residential character of neighborhoods by the conversion of single family dwellings into apartment houses, multi-family dwellings and/or rooming houses, particularly in the area immediately surrounding Wesley College that is zoned RG-1 (General Residence & Office), located in downtown Dover; and,

WHEREAS, the conversion of formerly single family dwellings in the downtown area to apartment buildings, multi-family dwellings and rooming houses has resulted in over crowded living conditions, parking problems, noise complaints, and violations of the adopted Property Maintenance Code to the detriment of these neighborhoods and their residents; and,

WHEREAS, the City Council had recently directed the Department of Planning & Inspections to prepare an amendment to the RG-1 (General Residence & Office) Zoning District that would have the effect of further regulating the conversion of single family dwellings to apartment houses and rooming houses in the RG-1 Zoning District.

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

That the City Council of the City of Dover does hereby enact a moratorium on the further conversion of single family dwellings to apartment houses, multi-family dwellings and/or rooming houses in the RG-1 (General Residence & Office) Zoning District subject to the following stipulations and conditions:

      1.   This moratorium shall become effective immediately upon adoption by the City Council of the City of Dover.

      2.   It shall be understood that the purpose of this moratorium is to afford the Mayor and City Council a reasonable due diligence period to consider alternative courses of action relative to the conversion of single family dwellings including, but not limited to, the adoption of an amendment to the City of Dover Zoning Ordinance that would further regulate the conversion of single family dwelling structures to apartment houses, multi-family dwellings and/or rooming houses.

      3.   This moratorium shall remain in effect for one (1) year from the effective date established by City Council unless rescinded by City Council at an earlier date.

ADOPTED:    MAY 28, 2002

Bid - Foundation for Police Warehouse - Project #2002-PD0101

The beginning phase of the new Police Department Garage/Warehouse requires the construction of one masonry foundation (80'L x 48'W) including foundation footings, concrete masonry unit walls, and finished interior concrete slabs. Funding, in the amount of $97,000, was included in the Police Department’s budget for this fiscal year. It was noted that $35,000 will be reserved for the foundation, with the remaining funds to be carried forward into next year’s budget. There has been $95,000 set aside in next year’s budget for constructing the exterior shell and $125,000 is proposed for the following year for the interior fit out and exterior paving.

Staff recommended approval of the construction of the Police Department Garage/Warehouse foundation and that the bid be awarded to the lowest bidder, Falasco Masonry, in the amount of $26,670.

The committee recommended approval of staff’s recommendation.

Mr. Salters moved for approval of the construction of the Police Department Garage/Warehouse foundation and that the bid be awarded to the lowest bidder, Falasco Masonry, in the amount of $26,670, 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. Speed and unanimously carried.

MONTHLY REPORTS - APRIL 2002

By motion of Mr. Speed, seconded by Mr. Truitt, the following monthly reports were accepted under consent agenda:

      Budget Report

City Clerk/Alderman Report (Fines)

      Mayor's Report

Planning and Inspections Report

Mr. Speed commended the Chief and Police Department on their success in eliminating the various illegal activities that have occurred in the City. He also noted that the Police Department was audited twice, once by the FBI and again by the Delaware State Police, and in both instances received an “outstanding” assessment rating. In addition, officers participated in a fundraiser for the Special Olympics and raised more than $10,000.

Mr. Salters alluded to problems with individuals coming into neighborhoods and causing trouble with the residents and neither the residents nor the police have the authority to require the individuals to vacate the premises if they are in the street, which is considered public property. It was his feeling that there are areas in the City where the streets have been turned over to the Dover Housing Authority so that they can issue arrest warrants for individuals who are trespassing. After much discussion, it was the consensus of members that staff should contact the City Solicitor to review this matter for development of a resolution.

Mr. Speed moved for acceptance of the Chief of Police Report, seconded by Mr. McGlumphy and unanimously carried.

Mr. Speed thanked Mr. Cooper, City Assessor, for including the additional information regarding the property tax assessments and collection in the monthly report.

Mr. Speed moved for acceptance of the City Assessor Report, seconded by Mr. McGlumphy and unanimously carried.

Mr. McGlumphy relayed appreciation for the inclusion of the committee action form update information. He noted that there is some lag time from the date approval is granted and the date that action is taken. It was his suggestion that staff begin projects in a more accelerated fashion and that staff provide reports in the future that include continuation and completion dates of these projects.

Responding, Mr. DePrima noted that in order to avoid a lengthy report, once a project is complete it is eliminated from the report.

Mr. Speed moved for acceptance of the City Manager’s Report, seconded by Mr. McGlumphy and unanimously carried.

SET PUBLIC HEARING - ELECTRIC FUND BUDGET

A public hearing on the Electric Revenue Fund Budget is required prior to adoption of the budget in order to be in compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution). Staff recommended that the public hearing be set for June 10, 2002 at 7:30 p.m.

Mr. McGlumphy moved for approval of staff’s recommendation, seconded by Mr. Speed and unanimously carried.

ANNEXATION/REZONING REQUEST - FIRST READING - 1100 FORREST AVENUE

A request was received for annexation and rezoning of property located at 1100 Forrest Avenue, owned by Shirley M. Moore. The equitable owner is Cardiology Consultants, P.A. Staff recommended that the request be referred to the Planning Commission on June 17, 2002, the Utility Committee on June 24, 2002, that an Annexation Referendum be set for July 12, 2002 and that a public hearing be set for July 23, 2002 at 7:30 p.m.

Mr. Speed moved for approval of staff's recommendation. The motion was seconded by Mr. McGlumphy and Council unanimously acknowledged the First Reading of the following ordinance, by title only, and adopted the following Resolution:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1100 FORREST AVENUE.

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 1100 Forrest Avenue, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.

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

1. That a special election be held for an area located at 1100 Forrest Avenue situated in East Dover Hundred, Kent County, State of Delaware.

2. That the election be held on the 12^th day of July, 2002 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4. That this resolution be published in accordance with the City of Dover Charter.

ADOPTED:  MAY 28, 2002

FINAL READING - PROPOSED ORDINANCE

The First Reading of the following proposed ordinance was accomplished during the Council Meeting of May 13, 2002. Copies of the proposed ordinance are available at the entrance of the Council Chambers.

Mr. McGlumphy moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.

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

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, 2001 and ending June 30, 2002:

A.  GENERAL FUND RECEIPTS

RECEIPTS	Current Budgets	Additions (Reductions)	Revised Budgets
Transfer from Water/Wastewater Fund	$0	$900,000	$900,000

B.  GENERAL FUND EXPENDITURES

EXPENDITURES	Current Budgets	Additions (Reductions)	Revised Budgets
Transfer to Workman’s Comp Fund	$0	$616,449	$616,449
Budget Balance	1,331,676	283,551	1,615,227

C.  WATER/WASTEWATER FUND EXPENSES

EXPENSES	Current Budgets	Additions (Reductions)	Revised Budgets
Transfer to Workman’s Comp Fund Workman’s	$0	$38,035	$38,035
Transfer to General Fund from Water	0	540,000	540,000
Transfer to General Fund from WW	0	360,000	360,000
Budget Balance – Water Fund	751,221	(559,018)	192,203
Budget Balance – Wastewater Fund	1,095,267	(379,017)	716,250

D.  ELECTRIC REVENUE FUND EXPENSES

EXPENSES	Current Budgets	Additions (Reductions)	Revised Budgets
Transfer to Workman’s Comp Fund	$0	$93,932	$93,932
Budget Balance	1,022,217	(93,932)	928,285

E.  INTERNAL SERVICE FUND – WORKMAN’S COMPENSATION

REVENUES	Current Budgets	Additions (Reductions)	Revised Budgets
Prior Year Balance	$183,685	($281,087)	($97,402)
Transfer from General Fund	0	616,449	616,449
Transfer from Water/Wastewater Fund	0	38,035	38,035
Transfer from Electric Revenue Fund	0	93,932	93,932

F.  INTERNAL SERVICE FUND – WORKMAN’S COMPENSATION

EXPENSES	Current Budgets	Additions (Reductions)	Revised Budgets
Budget Balance	$274,002	$467,329	$741,331

ADOPTED:    MAY 28, 2002

Mr. Speed moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.

Meeting Adjourned at 8:08 P.M.

                                                                        JANICE C. GREEN

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of May 28, 2002, are hereby approved.

                                                                        JAMES L. HUTCHISON

                                                                        MAYOR

/JG

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