REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 25, 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, 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 McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Jack Costello, 21 Par Haven Drive, referred to the naming of the Circle in front of the Old Train Station in honor of Reverend Coleman. He offered several suggestions to enhance the entire area with the Old Train Station being the center of attention. It was his feeling that if the City accomplished these enhancements, a dedication of the complex could be made in honor of Reverend Coleman.
Mr. Charles Johnson, 419 S. State Street, relayed concerns of safety at the bus terminal located on Water Street, suggesting that shrubs be trimmed. He also urged members to be aware of the sensitivity of the Historic District and that by referencing Dover as an Historic area, members must make it “fit the part”.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane requested the addition of item #8, Executive Session for Personnel Matters.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - OPEN TOWN MEETING OF MARCH 4, 2002
The Minutes of the Open Town Meeting of March 4, 2002 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 11, 2002
The Minutes of the Regular Council Meeting of March 11, 2002 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 14, 2002
The Minutes of the Special Council Meeting of March 14, 2002 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PROPOSED PARTNERSHIP - DELAWARE STATE UNIVERSITY/CAPITAL SCHOOL DISTRICT AND CITY OF DOVER - YOUTH LEADERSHIP INITIATIVE
Mayor Hutchison advised members that the City of Dover has been working in a partnership with Delaware State University and Dover High School to help students to advance their skills in leadership. Mayor Hutchison joined Dr. DeLauder (President of Delaware State University) and Dr. Leone (Interim Superintendent for the Capital School District) in formally signing a partnership agreement for a Youth Leadership Initiative. Dr. DeLauder introduced Dr. Johnny Tolliver, Provost/Vice President for Academic Affairs and Dr. Hazell Reed, Dean of the School of Graduate Studies, Research and Continuing Eduction, who have been instrumental in bringing this program to fruition.
Mr. Darrell Andrews, President of FamQuest, Inc., explained that the program’s goal is to teach and train students to become role models and examples to others in their community. Recently, 18 Dover High School students began training to better equip themselves to be leaders in their community. As part of the training, the students will take part in 13 training modules that will feature role-playing and different scenarios where strong leadership and good decision making skills will be needed. The students will also be shadowing many local leaders, including elected officials, school administration, policemen, and others. Mr. Andrews stated that eventually the program will lead to the creation of a Youth Council, which will provide information to City and other community leaders regarding concerns of the youth.
RESOLUTION - SPRING CLEAN UP
The City Clerk read the following Resolution into the record:
WHEREAS, we are fortunate to live in a City so abundantly blessed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, the Annual Old Dover Days celebration, a period set aside to honor the past and heritage of the City, will be celebrated on May 4 - 6, 2002; and
WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1.That the week of April 22 - 26, 2002 is designated as SPRING CLEANUP WEEK in the City of Dover.
2.That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.
3.All Spring Cleanup debris should be placed for pickup along with regular household garbage during the week of April 22 - 26, 2002 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: MARCH 25, 2002
Mr. Truitt moved for adoption of the Resolution for Spring Clean Up, seconded by Mr. Carey and carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 12, 2002 with Chairman Gorman presiding.
Legal Opinion - Census Data/Redistricting
During their Regular Meeting of February 11, 2002, City Council referred the Redistricting of Council Districts back to the Election Board for further review with the direction of readjusting the Fourth Council District, utilizing the 2000 Census Data, so that no current members of Council would be in contention for the 2003 City Election, while maintaining the integrity of the 65% requirement of the Consent Decree. Prior to the Election Board taking further action, Chairman Leary requested that a legal opinion be obtained to clarify if the City is obligated to use the 2000 Census Data as received.
As requested, a legal opinion was submitted by Deputy City Solicitor Pepper which recommended that the City make no changes in the current districts until the Census Bureau resolves the appeal. The City would continue to use the districts which were drawn after the 1990 Census. When the Census Bureau rules on the appeal, the Election Board can then redraw the boundaries. He further explained that the Census situation is analogous to a litigation setting whereby if a court rules for one side and the losing side asks the court to re-examine the first decision by a timely motion for new trial, the matter is not final until the court rules on the motion for a new trial. In this situation, the Census Bureau provided its count to the City and the City filed a timely request for reconsideration. Until the Census Bureau rules on that request, the Census count is not final.
For clarification, Mrs. Green, City Clerk, stated that the first legal opinion obtained indicating that action must take place prior to May 1, 2002 was based on the fact that the Census Data was received and was thought final. Since that time, Mr. Petit de Mange has been in contact with the Census Bureau and an appeals process is available (and is in the process); therefore, a second legal opinion was requested.
The committee recommended acceptance of the Legal Opinion provided by Deputy City Solicitor Pepper and that no further action be taken at this time. It was noted that if the new data is not finalized to allow for new districts to be redrawn and required ordinances adopted prior to May 1, 2002 to become effective for the April 2003 election, then the new Council Districts would not become effective until the April 2004 election, in accordance with the City Charter. Since this matter was previously referred to the Election Board, it was suggested that the Election Board be discharged from the directive of Council during their Regular Meeting of February 11, 2002.
Mr. Gorman moved for approval of the committee’s recommendation and that the Election Board be discharged from the previous directive of Council regarding this matter. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Update - City Purchasing Policy
Mrs. Mitchell, Finance Director/Treasurer, provided members with a revised draft of the City of Dover’s Purchasing Policy and explained that there are two (2) major changes, as follows:
1)Section 3, paragraph 1 - changed from $400 to $750: Purchases for $750 or less are not subject to the purchasing restrictions as outlined in the Purchasing Policy but are left to the discretion of the individual department managers.
2)Throughout the entire policy, an emphasis is placed on the requirement to have all transactions over $751 go through the Central Services Department.
The committee recommended acceptance of the Updated City Purchasing Policy as presented by staff.
Mr. Gorman moved for approval of the committee’s recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Request to Purchase (Bid) Toro Groundsmaster 455-D Mower
Bids were solicited by the Grounds Division for the replacement of a 1993 Howard Price Turf Blazer Mower (which is non-operational). In an effort to standardize equipment and due to satisfaction with the performance of the Toro Groundsmaster 455-D Mower that was leased/purchased in the summer of 2001, the Grounds Division solicited bids specifically for a Toro Groundsmaster 455-D Mower. Large mowing equipment is crucial to the City’s mowing program and allows the City’s Grounds Division to maintain over 285 acres of turf.
Staff recommended that a purchase order be issued to Turf Equipment & Supply Co., Inc., in the amount of $35,426.52, for the purchase of a Toro Groundsmaster 455-D Mower.
The committee recommended approval of staff’s recommendation.
Mr. Gorman moved to recommend approval of the committee’s recommendation to purchase a Toro Groundsmaster 455-D Mower from Turf Equipment & Supply Co., Inc., in the amount of $35,426.52. The motion was seconded by Mr. Ruane and carried by a unanimous roll call vote.
Request to Purchase (Bid) Case 621D Front End Loader
At the beginning of FY-2002, the Department of Public Works owned and maintained three (3) front end loaders as part of their overall fleet. Two (2) loaders are assigned to the Streets Division, and one (1) is assigned to the Construction Division. Currently, Public Works is operating with two (2) loaders in the overall fleet. Loaders are used for a variety of purposes in the Department of Public Works including construction, utility repairs, material transport and delivery, leaf collection, and snow removal.
Staff received a quote in the amount of $91,725 from Folcomer Equipment Corporation, the vendor for the State of Delaware Department of Transportation’s Statewide Contract (#20-800-02C) for a 621D Front End Loader ($86,925) and 4-in-1 Multi-Purpose Bucket ($4,800).
The committee recommended approval of staff’s recommendation to purchase a Case 621D Front End Loader with Bucket, at a total purchase price of $91,725 from Folcomer Equipment Corporation, using the City’s Master Lease Agreement.
Mr. Gorman moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Request to Purchase (Bid) Bulk Truck with Crane
Prior to FY-2002, the Department of Public Works owned and maintained three (3) bulk refuse trucks with cranes for the purpose of picking up large bulk waste items from our sanitation customers. City Vehicle #447, a 1984 Ford Bulk Truck with crane, needed extensive repairs to the chassis, engine and other mechanical systems and was sold at the 2001 City Auction. The FY-2002 budget for the Sanitation Division set aside funds to purchase one (1) Bulk Truck with Crane to meet the current needs of the Sanitation Division. In an effort to standardize the City’s fleet of bulk trucks, staff developed a set of specifications focused on an International Chassis and the “Lightning Loader” crane system.
The committee recommended approval of staff’s recommendation to purchase a Sterling L7500 truck chassis with a Peterson Model tL3 “Lightning Loader” crane, in the amount of $84,377 from Bayshore Ford Truck Sales, Inc., using the City’s Master Lease Agreement, contingent upon the delivery date being prior to June 30, 2002.
Responding to Mr. Speed, Mr. DePrima confirmed that the funds were not initially budgeted for this purchase and that it was included in the budget revisions submitted to Council in the fall of 2001. He explained that there was an effort to order the equipment earlier; however, there was only one bid received that was unsatisfactory to staff. New specifications were developed and the equipment was re-bid, which resulted in the delay for this process.
With regards to the contingency placed on this order, Mr. DePrima stated that the vendor has been made aware and will make every attempt to have the equipment delivered by June 30, 2002; however, they have not made this a guarantee. If there is any change in the expected delivery date, he assured members that an alternative purchasing plan will be presented for consideration.
Mr. Gorman moved for approval of the committee’s recommendation to purchase a Sterling L7500 truck chassis with a Peterson Model tL3 “Lightning Loader” crane, in the amount of $84,377, using the City’s Master Lease Agreement, contingent upon the delivery date being prior to June 30, 2002. The motion was seconded by Mr. Carey and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Speed).
Budget Revisions #2
Staff provided the second budget revision submissions for fiscal year 2002. The revision reflects the changes in Revenues, Beginning Balance and Expenditures, and Budget Balance/Working Capital, as per the audited financial statements. Staff recommended that the budget revisions be incorporated into an ordinance for adoption.
Mr. Ruane requested that the budgets be amended to reflect the Compensation and Job Classification Study/Organization Study that was approved by City Council on March 11, 2002.
The committee recommended approval of the Budget Revision, as revised.
Mr. Gorman moved for approval of the committee’s recommendation, seconded by Mr. Ruane and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Gorman moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Carey and unanimously carried.
MONTHLY REPORTS - FEBRUARY 2002
By motion of Mr. Salters, 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
REQUEST TO WITHDRAW APPLICATION FOR REZONING OF PROPERTY LOCATED AT 885 S. GOVERNORS AVENUE OWNED BY HALPERN FAMILY PARTNERSHIP
Members considered a letter from Mr. David Braun, President of Gerald A. Donovan Associates, Inc., requesting that the rezoning request be withdrawn for a portion of the property located at 885 South Governors Avenue, owned by Halpern Family Partnership.
Mr. Petit de Mange reported that the rezoning request was considered by the Planning Commission on March 18, 2002 and that there was considerable opposition as well as a petition received from area residents. The Planning Commission recommended denial of the rezoning application; therefore, the applicants are now requesting that the rezoning request be withdrawn.
Mr. Ruane moved to accept the request to withdraw the rezoning application for property located at 885 S. Governors Avenue, owned by Halpern Family Partnership. The motion was seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Carey moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Truitt and unanimously carried.
Council President McGlumphy reminded the public that copies of the proposed ordinance 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 ordinance will take place during the Council Meeting of April 8, 2002.
Mr. Carey moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Truitt and carried with Mr. Ritter and Mr. Speed voting no:
Revised Budgets for Fiscal Year 2001/2002
Mr. Speed moved to adjourn into Executive Session to discuss personnel matters, seconded by Mr. Gorman and unanimously carried.
Meeting Adjourned at 8:11 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 25, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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