REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 8, 2002 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, 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 McGlumphy 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, relayed concerns as the spokesperson for a group of homeowners in the Villas of Spruance regarding the deterioration of 5 housing units in the development. It is her understanding that a demolition will be considered by Council during their Regular Meeting scheduled for April 22, 2002, and invited members to participate in a walk-around so that they will have knowledge of the issues when it is time for their vote.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Speed requested the addition of item #4D, Bid - Puncheon Run Sewer Channel Grinding System. Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 25, 2002
The Minutes of the Regular Council Meeting of March 25, 2002 were unanimously approved by motion of Mr. Carey, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
CERTIFICATE OF RECOGNITION - DOVER PUBLIC LIBRARY - 100TH ANNIVERSARY
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, in books are stored the accumulated wisdom of the ages and we are fortunate to have the excellent library facilities that are available and convenient for our use in this community; and
WHEREAS, in the year 1902 the referendum for a Dover town library passed and the Dover Public Library began with $200 from Dover, $100 from the State, and $1,000 from an endowment and has been a tax-supported library for the past one hundred years; and
WHEREAS, the town appointed a Library Commission and assets of library subscriptions including books, furnishings, and $27.00 were turned over.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover do hereby recognize that the Dover Public Library is celebrating its one hundredth anniversary of being a tax-supported library and of meeting the recreational and educational needs of Dover residents.
Mayor Hutchison, along with Mr. Ruane (Council Liaison Member to the Dover Library Commission), presented the Certificate to Ms. Sheila Anderson, Library Director for the City of Dover.
Ms. Anderson relayed appreciation for the recognition and invited members and citizens to visit the library, reminding them that they provide all sources of information.
PRESENTATION - APPOINTMENTS TO HUMAN RELATIONS COMMISSION
Members of Council adopted an ordinance amending Chapter 2, Article I, Division 6, of the Dover Code by adding Section 2-17, which established a City of Dover Human Relations Commission. Council President McGlumphy advised members that several applications were received from citizens interested in serving on the Commission and that interviews with these applicants were held. As a result, he announced the initial appointments, and terms, to the City of Dover Human Relations Commission, as follows:
Mayor Appointments
Robin F. Case (2/2003)
Dr. Walter R. Davis, III (2/2003)
John J. Kotzun (2/2003)
Michael J. Malkiewicz (2/2004)
Maisha D. Britt (2/2005)
Council President Appointments
Mittie Kelley (2/2003)
Ellen O. Wasfi (2/2003)
Phyllis Levitt (2/2004)
Renora H. Lott (2/2004)
Dr. Nilakantan Nagarajan (2/2004)
Dr. Warren A. Rhodes (2/2004)
Gregory J. Bunkley (2/2005)
Dr. Phyllis Edamatsu (2/2005)
Dr. Peter A. Oldziey (2/2005)
Susan Salkin (2/2005)
Mr. Speed moved for approval of the appointments to the Human Relations Commission, as recommended by the Mayor and Council President. The motion was seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 25, 2002 with Chairman Ruane presiding.
Bid - 2002 Spring Resurfacing Program
In conjunction with the City of Dover’s Capital Investments Plan, the resurfacing of various streets and alleys throughout the City is proposed for the spring of 2002. Most of the proposed program is a continuation of work which was not completed in the 2001 construction season. Committee members were advised that the funding sources for the selected locations are a combination of Suburban Street Aid funds, Dover Parking Authority funds, and fiscal year 2002 Street Division operating funds. The locations that are fully funded include: Greenhill Road North Alley, Loockerman Way Parking Area, Lotus Street, Elm Terrace North Alley, Bradford Street Parking Lot, and the City Hall Parking Lot. The remaining locations are either unfunded or partially funded, as follows: Edgehill Alleys, Clara Street Extended, City Hall Employees’ Parking Lot, Queen Street (Division Street to Mary Street), and Fulton Street. The City will continue to seek the necessary funds to complete all of the locations. Comparable streets may be substituted for both Queen Street and Fulton Street depending on the availability of Suburban Street Aid funds.
Staff recommended awarding the contract for the 2002 Spring Resurfacing Program to George & Lynch, Inc., in the amount of $563,558.20. The average cost breakdown is $8.92/square yard.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved to approve awarding the contract for the 2002 Spring Resurfacing Program to George & Lynch, Inc., in the amount of $563,558.20, as recommended by the committee. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
Bid - Lineman, Ground-Hand/Laborer, Man and Bucket Truck, Man and Line Truck
The Electric Department occasionally needs outside help for various electric projects throughout the year. Mr. DePrima explained that the assistance is for work that cannot be performed in-house or any backup or supplemental services that may be necessary. The bids solicited were for Lineman, Ground-Hand/Laborer, Man and Bucket Truck, and Man and Line Truck is a blanket bid with no particular jobs specified and is used only on an on-call, as needed basis.
Upon evaluation of the bids, staff recommended that the bid be awarded to the low bidder, Byers Electrical Construction (New Castle, Delaware) for a three-year period to commence upon approval by Council, as follows:
Year 2002/2003 Year 2003/2004 Year 2004/2005
Lineman $40.00 per hour $42.00 per hour $42.00 per hour
Ground-Hand/Laborer $35.00 per hour $37.00 per hour $37.00 per hour
Man & Bucket Truck $65.00 per hour $67.00 per hour $67.00 per hour
Man & Line Truck $65.00 per hour $67.00 per hour $67.00 per hour
Funding for all jobs is available in the Electric Department’s budget for various projects. Estimated expenses for fiscal year 2002/2003 should not exceed $200,000.
The committee recommended awarding the bid to Byers Electrical Construction for a three-year period, as recommended by staff.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.
Information - Merger of Comcast and AT&T Broadband
Members were provided information regarding the plans of Comcast Corporation and AT&T Corporation to combine their cable systems into a new company - AT&T Comcast Corporation. It is noted that the merger of Comcast and AT&T Broadband will establish one of the world’s leading communications, media, and entertainment companies. In addition, by utilizing the combined expertise and initiative of Comcast and AT&T Broadband, their goal is to expand both the availability and choice of products and services offered to their customers. Members were advised that in reviewing the document, it was determined that there was a lack of information; therefore, Deputy City Solicitor Pepper has been requested to write to Comcast.
Mr. Ruane advised members that the City’s current franchise agreement, dated July 9, 1996, is in force until July 8, 2014. He noted that in accordance with the Franchise Agreement, Comcast may be required to pay an amount equal to the costs and expenses which are incurred as the result of a merger proposed. The City is permitted to charge up to an amount of $5,000 in connection with the merger for the purpose of legal counsel and other consultants deemed necessary. He also noted that the Franchise Agreement refers to the protocol, guidelines, and regulations regarding service to the FCC requirement. Because of this, it is felt that the City is in a good position in this regard. Mr. Ruane stated that this information is being provided for information purposes only and that no action is being requested at this time.
There was no further action taken regarding this matter.
Bid - Puncheon Run Sewer Pumping Station Channel Grinding System
During the committee meeting held earlier this evening, members considered a request for a grinding system in the Puncheon Run Pumping Station, located on South Governors Avenue, to replace an existing mechanical bar screen system, which has reached the end of its service. The existing screen removes coarse solids by intercepting them as they enter the station. This material is then dumped in a cart and manually deposited in a private 3 c.y. trash dumpster. Emptying of the cart is part of the daily maintenance requirements at this pumping station. Staff has elected to replace the screen system with a channel grinder in an effort to better protect our pumping equipment and lower our operation and maintenance costs at the station. The proposed grinding system will reduce large particles of debris to a size which does not require their removal from the waste stream. These reduced particles pass through the pumping system and are transferred along with the rest of the waste stream to the Kent County Wastewater Treatment Facility for processing. The system will be installed by City staff. Davis, Bowen & Friedel, Inc., assisted the City in the preparation of the bid documents and technical specifications for the proposed grinding system.
After evaluation of the bids, staff recommended that the bid be awarded to JWC Environmental in the amount of $36,996 for the purchase of a CMD 3200 Channel Grinding System.
The committee recommended that staff issue a purchase order to JWC Environmental in the amount of $36,996 for the purchase of a CMD 3200 Channel Grinding System, to be installed by City staff at the Puncheon Run Pumping Station.
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.
ACCEPTANCE OF VALUES FOR PROPERTY REVALUATION AND REVIEW OF APPEALS SCHEDULE - CITY ASSESSOR
The City Assessor, Mr. Cooper, prepared new property values established during the recent Revaluation Project. The last revaluation project was performed in 1990. It was noted that prior to February 2001, the total taxable value for properties of the City of Dover was $1,491,548,700 less exemptions in the amount of $5,149,800. The total taxable values for 2002 are $1,659,993,160 less exemptions in the amount of $5,149,800. Although the average increase in the property values is 11+%, Mr. Cooper stated that some neighborhood values increased more than 30% and others decreased up to 30%. He provided members with details regarding the residential cost per neighborhood, their prior value, new value, and percent change. The complete listing of individual property values is available for public inspection in the City Assessor’s Office.
Responding to Mr. Ruane, Mr. Cooper confirmed that the total amount of exemptions include those of senior citizens only and does not include the non-taxable properties in the City of Dover. He relayed the importance of property revaluations and for continuing to maintain equitable and uniform property values, explaining that being consistent in this regard will alleviate confusion due to inequities. He stated that the purpose of the revaluation is to have each property carry its appropriate share of the expense of operating this City. It is not Council’s desire to cause hardship, it must be done in order to make the situation more equitable among property owners in the City. Mr. Ruane commended the Assessor’s Office in providing the City with a more accurate and equitable appraisal and doing so with limited staff and resources.
Council President McGlumphy felt that the current formula for developing property tax, using 60% of the appraised value multiplied by a tax rate set by Council, is confusing and suggested that members consider utilizing 100% of the appraised value to determine the tax rate in the future.
Mr. Speed moved for acceptance of the fiscal year 2002/2003 property values as submitted by the City Assessor and for approval of the following schedule:
April 2002 Review and Acceptance of Values by Council
April 2002 Notices of new Values sent to Property Owners
April 15th - May 30th Informal Appeals
May 2002 Formal Appeals (decided by Appeals Committee)
The motion was seconded by Mr. Gorman and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of March 25, 2002.
Revised Budgets for Fiscal Year 2001/2002
Mr. Gorman moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Gorman moved for adoption of the following ordinance, seconded by Mr. Carey 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
CURRENT ADDITIONS REVISED
RECEIPTS BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance $1,753,599 ($1,373,433) $380,166
Right-of-Way Revenue 200,000 (140,000) 60,000
Rent Revenues 286,660 (286,660) 0
State Grant – Downtown Amenities 294,860 (253,983) 40,877
Transfer from Electric I & E Fund 0 1,887,950 1,887,950
B. GENERAL FUND EXPENDITURES
CURRENT ADDITIONS REVISED
EXPENDITURES BUDGETS (REDUCTIONS) BUDGETS
Weyandt Hall Debt Service $286,660 ($286,660) $0
Retiree’s Health Care 313,966 65,000 378,966
Construction & Inspection 97,893 (4,500) 93,393
Fleet Maintenance 547,145 (28,160) 518,985
Human Resources 78,613 24,500 103,113
Budget Balance 1,267,982 63,694 1,331,676
C. WATER/WASTEWATER FUND REVENUES
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance – Water $728,769 $279,624 $1,008,393
Prior Year Balance – Waste Water 108,972 497,925 606,897
Prior Year Balance – County Adj. 14,619 192,256 206,875
D. WATER/WASTEWATER FUND EXPENSES
CURRENT ADDITIONS REVISED
EXPENDITURES BUDGETS (REDUCTIONS) BUDGETS
Right-of-Way Fees $260,000 $(260,000) $0
Construction & Inspection 456,832 (21,000) 435,832
Fleet Maintenance 80,051 (4,120) 75,931
Human Resources 33,691 10,500 44,191
Budget Balance – Water Fund 334,287 416,934 751,221
Budget Balance – Wastewater Fund 460,032 635,235 1,095,267
Budget Balance – County Adj. 0 192,256 192,256
E. ELECTRIC REVENUE FUND REVENUES
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance $782,467 ($109,433) $673,034
Rental Income – Weyandt Hall 0 286,660 286,660
Right-of-Way Revenue 900,000 (688,000) 212,000
F. ELECTRIC REVENUE FUND EXPENSES
CURRENT ADDITIONS REVISED
EXPENDITURES BUDGETS (REDUCTIONS) BUDGETS
Right-of-Way Fees $260,000 ($260,000) $0
Retiree’s Health Care 254,100 45,000 299,100
Weyandt Hall Building Maint. 0 80,000 80,000
Construction & Inspection 97,892 (4,500) 93,392
Fleet Maintenance 149,999 (7,720) 142,279
Human Resources 112,304 35,000 147,304
Budget Balance 1,420,770 (398,553) 1,022,217
G. ELECTRIC IMPROVEMENT FUND REVENUES
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance $4,568,605 ($150,011) $4,418,594