REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 24, 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.
Mrs. Rosemary Twilley of 124 Meadow Glen Drive in Dover introduced her son and daughter-in-law, Mr. and Mrs. John Marble and one of her tenants, Mr. Gary M. Crawford. She advised members that she owns five (5) houses on North Kirkwood Street (212, 216, 218, 220, and 222), located in the City’s Historic District and across from the Elks Club. She is concerned with activities occurring in this area of town, such as loud noise, drinking, drugs, partying, and loitering in the streets and on her property. These activities begin at 10:00 p.m. and continue through to 2:00 a.m. or later. Mrs. Twilley stated that as landowners, her family works hard to provide housing for the working family. Many tenants work long shift hours, and have children that should not be subjected to these activities. The tenant’s driveways are often blocked by illegally parked vehicles and sometimes these individuals will park in the tenant’s private driveway. These individuals throw litter, such as bottles and cans, in the yards and trespass onto their property. Drugs have been found on and around these homes and there have been many instances of fighting. If a tenant is to approach one of these individuals, they are intimidated and threatened. Tenant’s and their children need sleep, which is often difficult to do with the loud noises occurring outside their homes.
Mrs. Twilley noted that one way to address these concerns is to call the police. Unfortunately, not all of the tenants can afford a telephone and she realizes that sometimes the police have more urgent calls to respond to and when these individuals see the police arriving, they run. She stated that her family cares about their tenants, the neighborhood, and the City of Dover and is present this evening to solicit assistance. She explained that the situation continues to worsen and that some type of action needs to be taken immediately. Mrs. Twilley stated that as landlords, the City requires that landlord and tenants maintain their property. These homes have passed inspection by the City. She noted that the City requires landlords to be responsible for their tenants actions and that tenants must not be cited for illegal activities on their property. Although this has been accomplished, the tenants nor the landlords have the ability to manage these individuals that trespass. She explained that on many occasions these individuals are so bold that they will actually sit on the porch of one of these homes uninvited and perform illegal activities. Mrs. Twilley requested that City Council assist the landlords and tenants in maintaining a good neighborhood and suggested that pressure be placed on the Elks Club to become responsible for their patron’s actions and the activities occurring outside their establishment. If they do not take heed to the request, she suggested that they be classified as a public nuisance and consideration be given to closing the establishment. Although she does not blame the Elks Club for all the activities, she does feel that they could assist in controlling some of activities and rectifying the problems. She suggested that the police monitor the street between 10:00 p.m. and 2:00 a.m., Thursday through Monday. She also requested that the curbing be painted yellow to prohibit parking between the driveways, explaining that the area is not large enough to provide on-street parking, which is why driveways are blocked or cars park in the driveways.
Mr. Gary Crawford, 212 N. Kirkwood Street, provided members with details of activities that are occurring in the neighborhood such as gunshots, individuals being chased down the street with meat cleavers, and residents being beaten in the middle of the street when they confront the individuals that are loitering on their property. He also reiterated the issues addressed by Mrs. Twilley, such as the loitering, loud noises, cursing, selling drugs, public drunkenness, and many other activities that are absolutely appalling. Mr. Crawford stated that these loiterers are beginning to harass and threaten the residents who attempt to protect their property and rights. He requested that action be taken before a murder occurs, which could be an innocent individual.
Mr. John Marble, 4495 N. Dupont Highway, stated that he performs a substantial amount of construction in the City. He is the new building committee chair for Habit for Humanity and has been working in the area of North Kirkwood Street. It is his feeling that if the City takes appropriate action, the problems can be resolved. He noted that there are several neighborhoods that include a club that do not have the problems that North Kirkwood Street is experiencing. Although the Elks Club is probably not at fault for the activities, it was his feeling that it provides a means for the criminal elements to mix in with a crowd.
Council President McGlumphy relayed confidence that the City can assist in rectifying the problem being experienced on North Kirkwood Street.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
Dover High School Select Ensemble sang “God Bless America”.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 10, 2001
The Minutes of the Regular Council Meeting of September 10, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison. (City Clerk’s Office Note: Revised minutes were distributed to members prior to the meeting. The approval of the minutes were as revised).
PROCLAMATION
The City Clerk read the following Proclamation into the record:
WHEREAS, cooking, heating, and electrical fires represent three of the nation’s leading causes of home fires, and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and
WHEREAS, the vast majority of home fires can be prevented by taking simple safety precautions and developing a home fire escape plan and practicing it at least twice a year to escape a fire safely; and
WHEREAS, proper installation, testing, and maintenance of smoke alarms are part of a thorough home fire escape plan; and
WHEREAS, by preventing the leading causes of home fires, and by developing and practicing a thorough home fire escape plan, people can greatly reduce their risk to fire; and
WHEREAS, the Fire Prevention Week 2001 theme - “Cover Your Bases and Strike Out Fire”, teaches the public how to prevent cooking, heating, and electrical fires, and encourages people to develop a home fire escape plan that includes working smoke alarms; and
WHEREAS, the Robbins Hose Company No. 1, serving as the City of Dover’s volunteer fire department, is dedicated to the protection of life and property from the devastating effects of fire; and
WHEREAS, the 20th Annual National Fallen Firefighters Memorial Service will honor 96 firefighters who died in the line of duty in 2000, paying tribute, at the site of the official national monument to all fallen firefighters, on October 7, 2001.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the week of October 7-13, 2001 as FIRE PREVENTION WEEK commemorating the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings, and urge the citizens of the City of Dover to participate in fire prevention activities at home, work, and school, and to take the steps needed to make their homes and families safe from the leading causes of home fires.
Mayor Hutchison presented the Proclamation to Councilman Carey (Member of the Robbins Hose Fire Company No. 1) and Councilman Truitt (Chairman of Safety Advisory Committee).
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on September 10, 2001 with Chairman Truitt presiding.
Petition - Traffic Signal at Intersection of Greenway Lane and Dover-Kenton Road
Committee members considered a petition, submitted during the Open Forum Segment of the Regular Council Meeting of August 27, 2001, requesting the support of the City of Dover for the installation of a traffic signal at the intersection of Greenway Lane and Dover Kenton Road.
Several members relayed concerns with traffic congestion in the area and felt that traffic control measures and improved signage were necessary. It was also noted that Greenway Lane was the only exit from the development.
Mr. Salters had suggested that the City take immediate action to reduce the speed limit on Dover Kenton Road in the area of Greenway Lane.
The committee recommended that a letter, signed by the Mayor and Council President, be forwarded to DelDOT requesting that a study be conducted to determine the feasibility of installing a traffic signal at the intersection of Greenway Lane and Dover Kenton Road.
Mr. Truitt moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried.
Mr. Truitt moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 10, 2001 with Chairman Gorman presiding.
Proposed 2001/2002 Budget Amendments for 2000/2001 Expenses Budgeted but not Expended
Committee members reviewed proposed budget amendments of items that were budgeted for in Fiscal Year 2000/2001 that were not implemented, purchased, nor carried forward in Fiscal Year 2001/2002. In accordance with City Council directive, only those amendments that met the criteria established by Council during their meeting of August 27, 2001, were presented for consideration.
The proposed budget amendments affect the Electric Improvement and Extension Fund, the Water Improvement and Extension Fund, and the Wastewater Improvement and Extension Fund. Each fund had prior year balances that were in excess of the projections and each can absorb the added projects while retaining a balance in excess of the projections.
The committee reviewed each of the projects and the associated costs in detail and recommended approval of the proposed 2001/2002 budget amendments for 2000/2001 expenses that were budgeted but not expended.
Mr. Gorman moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Salters 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.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 10, 2001 with Chairman Ruane presiding.
Discussion - Street Program Overview and 2001/2002 Capital Program
During the Utility Committee meeting of August 13, 2001, Mr. DePrima, Interim City Manager, along with Mr. Koenig, Public Works Director, conducted a comprehensive overview of the City’s Street Program and status of the 2001/2002 Capital Program, which included detailed information on Street Inventory, the Street Program, Revenue Resources, and the 2001/2002 Capital Program. Due to time constraints, discussion of the presentation was deferred.
During the committee meeting, Mr. DePrima and Mr. Koenig advised members of the current status of concrete and paving work. Although the paving portion of the projects is on schedule, the concrete work is moving slower. However, the concrete work has been completed on all streets scheduled for pavement this year. Members were advised of utility issues on Lotus Street which may require the deferral of paving in order to repair damaged sewer lines.
Mr. Ruane noted that the Special Assessment function of the City is still included in the Charter related laws and questioned why it was not being utilized to fund concrete repairs. He requested staff to consider assessing the property owner for such repairs. He also suggested that an inventory of all City sidewalks be conducted.
Mr. Ruane had suggested that the City Manager and Public Works Director work on making improvements to the Street Program, giving consideration to financial aspects and program implementation.
Mr. Ruane reiterated his request for a response regarding the funding for concrete repairs and requested staff to provide justification as to why the City has not been utilizing special assessments as a means to fund concrete repairs. He advised members that since this procedure has not been utilized, the City has become extremely dependent upon our local legislators for providing funds for the costs associated with making repairs to the streets and sidewalks. He also reminded staff of his request for a reassessment/revaluation of all concrete and paving needs in the City since it was last conducted in 1994.
There was no further action taken by Council regarding this matter.
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Truitt and unanimously carried.
MONTHLY FINANCIAL REPORTS - JULY 2001
By motion of Mr. Gorman, seconded by Mr. Carey, the following monthly financial reports were unanimously accepted by consent agenda:
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
MONTHLY FINANCIAL REPORTS - AUGUST 2001
Mr. Ruane noted that the City recently received grant monies for the Weed and Seed Program and questioned the potential use of these funds to address concerns regarding North Kirkwood Street. Responding, Mr. DePrima noted that the Weed and Seed Program has a target area that includes North Kirkwood Street and assured members that staff will look into this matter. Mr. Ruane requested that staff consider providing information regarding this grant program in the budget report.
Mr. Ruane felt that the Internet service provided by the City is not doing as well as projected and that the service should be reevaluated to determine if it should be continued. He also requested that staff provide an explanation for the amount included in the property tax receipt reports, noting that there are variances between the amounts reported by the City Assessor’s Office and those included in the Financial Reports. He also requested a report of those who are not current with paying their property tax. Mr. Ruane noted that staff has begun working on the Tax Abatement Program and requested that the information be forwarded to Council upon its completion.
Prior to the budget review scheduled to occur in January, Mr. Ruane urged staff to provide Council with revenue information such as how the projections are developed, who made the projections, what is included, their validity as compared to history, how accurate the projections are for the City’s future, etc.
Responding to Mr. Salters, Mr. DePrima stated that a substantial amount of money has not been expended on the Pear Street warehouse that was recently purchased by the City. It has not yet been determined what the City’s real needs are for this building or how it will be utilized. He assured members that staff is continuing to review alternatives for this site and that discussion recently occurred regarding the possibility of installing a dry sprinkler system. A full report regarding this matter will be forthcoming. The City has not had contact with Charter School regarding their desire to purchase the property. Mr. DePrima stated that although the Charter School has more than adequate space for their current needs, they have indicated that they would be interested in acquiring this site for future growth. A full evaluation report will be provided to Council regarding the City’s needs for this site.
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly financial reports were unanimously accepted:
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
MONTHLY REPORTS - AUGUST 2001
By motion of Mr. Salters, seconded by Mr. Gorman, the following monthly reports were unanimously accepted by consent agenda:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
APPOINTMENT - PUBLIC ADVISORY COMMITTEE (MPO) - RECOMMENDED BY MAYOR HUTCHISON
Mayor Hutchison recommended the appointment of Mr. Vernoris James to serve on the Public Advisory Committee of the MPO, to fill the unexpired term of Mr. Robert Owens, which will expire July 2003.
Mr. Gorman moved for approval of the appointment of Mr. James as recommended by Mayor Hutchison, seconded by Mr. Truitt 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 October 8, 2001.
Mr. Gorman moved for acknowledgment of the first reading of the following proposed ordinance by title only, seconded by Mr. Salters and unanimously carried:
Revised Budgets for Fiscal Year 2001/2002
Mr. Speed moved for adjournment, 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 September 24, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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