REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 26, 2001 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 Mr. 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Gorman requested the deletion of item #5-C, Standardized Policy - Salary Increases. Mr. Gorman moved for approval of the agenda as amended, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF NOVEMBER 5, 2001; OPEN TOWN MEETING OF NOVEMBER 5, 2001; AND REGULAR COUNCIL MEETING OF NOVEMBER 13, 2001
The Minutes of the Special Council Meeting of November 5, 2001, the Open Town Meeting of November 5, 2001, and the Regular Council Meeting of November 13, 2001 were unanimously approved by motion of Mr. Truitt, seconded by Mr. Gorman and bore the written approval of Mayor Hutchison.
PRESENTATION - MAYOR’S PRAYER BREAKFAST CONTRIBUTION - USO
The Eighth Annual Prayer Breakfast for Mayor Hutchison was held on October 11, 2001. Each year, Mayor Hutchison donates proceeds from the event to an organization of his choice. Mayor Hutchison presented the proceeds from the 2001 Mayor’s Prayer Breakfast, in the amount of $1,000, to Ms. Joan Cote, Executive Director of the USO. Ms. Cote stated that Dover Air Force Base has a very unique relationship with the City of Dover and the men, women, and children of the Air Force appreciate the City’s support.
Mayor Hutchison also relayed his appreciation to the members of the Mayor’s Prayer Breakfast Committee (Mrs. Evans, Mrs. Green, Mr. Karia, Mrs. Sealund, and Ms. Skelton) for a most successful event.
PRESENTATION - MATTHEW G. HEESH - EAGLE SCOUT
Mayor Hutchison presented a Certificate of Recognition to Matthew G. Heesh in recognition of achieving the rank of Eagle Scout and relayed congratulations and best wishes for continued success.
PROPOSED RESOLUTION - MASTER LEASE AGREEMENT
By motion of Mr. Gorman, seconded by Mr. Carey, the following Resolution was adopted by a unanimous roll call vote:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOVER, DELAWARE, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT AND SEPARATE LEASE SCHEDULES WITH RESPECT TO THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.
WHEREAS, the City of Dover, Delaware (the “Lessee”), a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of Delaware, is authorized by the laws of the State of Delaware to purchase, acquire and lease personal property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions; and
WHEREAS, in order to acquire such equipment, the Lessee proposes to enter into that certain Master Equipment Lease-Purchase Agreement (the “Agreement”) and separate Lease Schedules from time to time as provided in the Agreement with LaSalle Bank National Association (the “Lessor”), the form of which has been presented to the governing body of the Lessee at this meeting; and
WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and the separate Lease Schedules as provided in the Agreement for the purchase, acquisition and leasing of the equipment to be therein described on the terms and conditions therein provided.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of the City of Dover, Delaware as follows:
Section 1. Approval of Documents. The form, terms and provisions of the Agreement and the separate Lease Schedules as provided in the Agreement are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the Finance Director of the Lessee or other members of the governing body of the Lessee executing the same, the execution of such documents being conclusive evidence of such approval; and the Finance Director of the Lessee is hereby authorized and directed to execute the Agreement and each Lease Schedule and any related Exhibits attached thereto and to deliver the Agreement and each Lease Schedule (including such Exhibits) to the respective parties thereto, and the City Clerk of the Lessee is hereby authorized to affix the seal of the Lessee to such documents, provided that the authority to enter into a particular Lease Schedule only applies to Lease Schedules that have been, or subsequently are, approved by City Council pursuant to annual budgeting or other appropriate action, such authority to be evidenced by a copy provided to Lessor of City Council minutes approving the expenditure related to an individual Lease.
Section 2. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement and each Lease Schedule to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Acceptance Certificates and any tax certificate and agreement, each with respect to separate Lease Schedules, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease Schedule.
Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease Schedule nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any Lease Schedule or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease are special limited obligations of the Lessee as provided in such Lease.
Section 4. Appointment of Authorized Lessee Representatives. The Director of Finance and City Manager of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Agreement and each Lease Schedule until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and each Lease Schedule.
Section 5. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 6. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.
Section 7. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.
ADOPTED: NOVEMBER 26, 2001
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 19, 2001 Robbins Hose Company Election for consideration as follows:
Fire Chief - Brian F. Bashista
Deputy Fire Chief - Charles H. Boyer
First Assistant Chief - Robert J. Whedbee
Second Assistant Chief - John A. McCoy
Third Assistant Chief - Jonathan W. Osika
Fourth Assistant Chief - William C. Triesler
First Fire Line Captain - David C. Carey
Second Fire Line Captain - Kevin T. McSweeney
Mr. Salters moved for acceptance of the election results, seconded by Mr. Ruane and carried by a unanimous roll call vote.
SPECIAL LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 19, 2001 with Chairman Gorman presiding.
Evaluation of Bids - Chevrolet C7500 (Six Ton) Dump Truck
The Electric Department currently owns and maintains a 1992 Dodge Pickup Truck (Vehicle #753). This vehicle, which is almost 10 years old and in need of extensive repairs to the drive train, was transferred from the Relay Division to the Line Crew Division to replace a small dump truck that was in poor condition. Bids were solicited for a dump truck to replace vehicle #753, which will be sent to the 2002 Auction, and received as follows:
Vendor Cost
Willis Auto Mall, Smyrna, DE $51,994.00
I. G. Burton, Milford, DE $57,479.00
Staff recommended that a purchase order be issued to Willis Auto Mall in the amount of $51,994.00 for the purchase of a Chevrolet C7500 (Six Ton) Dump Truck.
The committee took no action on the request for the purchase of a Chevrolet C7500 Dump Truck.
Mr. DePrima informed Council that both left-over models being considered for purchase were sold and are no longer available.
Mr. Salters moved to authorize staff to re-bid the purchase of the dump truck for presentation to the Legislative and Finance Committee, seconded by Mr. Speed and unanimously carried.
Request to Purchase Six Police Package Sedans
The Police Department budgets funds for replacement vehicles every year as identified in the City of Dover Capital Investment Plan and approved by the City Council. The plan for FY02 approved the procurement for six (6) replacement police package sedans. Five (5) of the vehicles being purchased are for the Police Department Patrol fleet and the sixth is a replacement for the Mayor. As a result, six (6) older Patrol Fleet vehicles will be disposed of at the next City Auction in June 2002. The State Contract vendor for this purchase, awarded on contract 00-121-RH, is Hertrich Fleet Services of Milford, Delaware. The vehicles were ordered in September since any additional delay in ordering would have put the order behind the bulk Delaware State Police order which slows down the delivery schedule. The quoted purchase price is as follows:
Five Patrol Fleet Vehicles ($20,488 each) $102,440
Mayor's Vehicle 21,453
Total $123,893
Staff recommended approval of the purchase of the above vehicles from Hertrich Fleet Services in the amount of $123,893 using the City's Master Lease Agreement.
The committee recommended approval of staff’s recommendation to purchase five (5) Patrol Fleet Vehicles at $20,488 each ($102,440) and the Mayor’s vehicle ($21,453) from Hertrich Fleet Services in the amount of $123,893 using the City's Master Lease Agreement.
Mr. Ritter stated that, while he is in favor of purchasing six (6) sedans for the Police Department, it was his feeling that all six (6) new vehicles should go to the Police Department instead of using one to replace the Mayor’s car.
Mr. Gorman moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried with seven (7) yes, two (2) no (Mr. Ritter and Mr. Speed).
REPORT - BUDGET TASK FORCE
Mr. Gorman reminded members that a Budget Task Force, comprised of Mrs. Mitchell (Chairperson), Mr. Salters, Mr. Ruane, and Mr. Snaman, was established in September. The Task Force was charged with developing guidelines for operating departments and reviewing financial policies with a recommendation to be presented to the Legislative and Finance Committee for consideration.
Budget Administration - Guidelines for Operating Departments
Mrs. Mitchell presented a procedure for Budget Administration - Guidelines for Operating Departments. She stated that the procedure was developed based on research of the practices of other communities and governments in the administration of their budgets.
After a lengthy discussion, the committee recommended approval of the Procedure for Budget Administration - Guidelines for Operating Departments, to include the amendments recommended by members.
Mr. Gorman moved for approval of the Procedure for Budget Administration - Guidelines for Operating Departments as recommended by the committee (as on file in the Office of the City Clerk). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Gorman moved for acceptance of the Special Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - OCTOBER 2001
By motion of Mr. Salters, seconded by Mr. Speed, the following monthly reports were unanimously accepted by consent agenda:
Chief of Police Report
Planning and Inspections Report
City Clerk/Alderman Report (Fines)
City Manager’s Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Referring to the City Assessor’s Report, Mr. Ruane noted the sale of Mayfair Apartments to C-K Mayfair, LLC in the amount of $3,219,000. He informed members that this transaction is part of a large package of transactions taking place across the country involving The Capital Trust Agency, a Florida trust agency. He indicated that, in addition to Mayfair Apartments, the Rodney Village Apartments are also being acquired. Mr. Ruane informed members that Florida law permits the Capital Trust Agency to issue tax-exempt, or multi-family, revenue bonds, to acquire various properties. According to the County records, the properties are being acquired in order to convert them to affordability required apartments. He noted, for example, that 155 of the Rodney Village Apartments would have to be occupied by residents earning 80% or less of the area median income.
It was Mr. Ruane’s feeling that the City has been co-opted by an action taken on the part of Kent County. Not wanting to impugn the County’s motive, he noted that Capital Trust is required by Florida law to obtain a sign-off from local governments in whose jurisdiction the properties are located and that there must be an intergovernmental agreement authorizing Capital Trust to issue the bonds.
Mr. Ruane requested that the City Solicitor clarify whether Kent County Levy Court has authorization, considering one (1) of the apartment complexes is located within the City boundaries. He expressed concern with the City losing its housing accountability function over a major piece of property. Mr. Ruane suggested that, if legal counsel advises that there is an opportunity to negotiate an inter-governmental agreement required by Florida Statute, the City should become involved in order to obtain a better understanding of who will operate the facility and how it will be operated and to encourage them to engage in local property management. He noted that the apartments will be owned by American Seniors Foundation, an Ohio based company, and will be managed by Brookside Properties, a Nashville Tennessee organization. It was Mr. Ruane’s feeling that this arrangement would present a challenge to the City.
Mr. Ruane questioned whether a lease audit was performed to the extent that it would prevent the displacement of people and expressed concern with the concentration of these apartment complexes within a very close proximity to one another, noting that the former Wedgewood Apartments are located nearby. Mr. Ruane, noting that the apartments are in his district, stated that the residents of his community have expressed concern about the potential impact of affordable housing on their properties. He stated that he is a supporter of affordable housing; however, it was his feeling that the City should be involved in the decision making process.
Mr. Ruane also expressed concern with the fact that the amount of the Bond Issue for the purchase of the property is $15 million and the two (2) properties are only valued at $8 million. He noted that the County agreement requires that $150,000 be used to meet renovation requirements and questioned the variance between the purchase price and the bond issue.
Responding to Mr. Pitts, Mr. Petit de Mange, City Planner, stated that the Mayfair Apartments are within the City limits and are subject to regular maintenance inspections. He noted that although there have been a number of complaint-based issues that his department has had to deal with, current ownership and management have been responsive to suggested improvements.
Mr. Salters moved for acceptance of the City Assessor’s Report, seconded by Mr. Carey and unanimously carried.
FINAL READING - PROPOSED ORDINANCE AMENDMENT
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of November 13, 2001.
Chapter 14, Offenses - Miscellaneous, Section 14-8 - Excessive Noise Prohibited
Mr. Pitts moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Gorman and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 14 - Offenses-Miscellaneous, Section 14-8 - Excessive Noise Prohibited of the Dover Code be amended by renumbering the current paragraph (c) as paragraph (d) and inserting a new paragraph (c) to read as follows:
(c)Owners, landlords, lessees, or renters of public or private premises where there is a failure to maintain compliance with this Section shall be notified of violations and complaints and shall take appropriate and recommended actions necessary to assist in bringing the premises in compliance with the Section.
ADOPTED: NOVEMBER 26, 2001
Mr. Gorman moved for adjournment, seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 8:02 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 26, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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