REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 11, 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, Fire Chief Bates, 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. Rexene Ornauer, 17 Mifflin Road, relayed concerns regarding noise emanating from the Wawa during the middle of the night. It was her feeling that as a property owner, Wawa is responsible for what occurs on their property. Mrs. Ornauer stated that if she continuously had loud parties on her property, she would be given a summons to deter her from doing it in the future. It was her feeling that if noise occurs on property owned by Wawa, they too should be issued a summons and if it cannot be accomplished in accordance with the City’s current noise ordinance, she suggested that the ordinance be amended. Mrs. Ornauer also advised members that there is a substantial amount of traffic on her roadway during late evening and early morning hours. These types of activities and noise are being experienced throughout the entire City and is affecting the peace and quiet residents deserve. She stated that the noise pollution in Dover is getting out of control and suggested that the City establish quiet zones for residential areas. If businesses near these locations are open between the hours of 11:00 p.m. and 7:00 a.m., it was her feeling that these property owners need to assure that business is done quietly on their property.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Gorman moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 29, 2001
The Minutes of the Regular Council Meeting of May 29, 2001 were unanimously approved by motion of Mr. Gorman, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PROCLAMATION - FLAG DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, by Act of Congress of the United States dated June 14th, 1777, the first official Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3rd, 1949, June 14th of each year was designated “NATIONAL FLAG DAY”; and
WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14th occurs as “NATIONAL FLAG WEEK”; and
WHEREAS, on December 8th, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14th; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation’s symbol of unity, a democracy in a republic, and stands for our country’s devotion to freedom to the rule of all, and to equal rights for all.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 14th, 2001, as FLAG DAY in the City of Dover and urge all citizens to pause at 7:00 P.M. on this date for the Twenty Second Annual “PAUSE FOR THE PLEDGE OF ALLEGIANCE” to the Flag and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America.
PROPOSED RESOLUTION - SUPPORT OF HOUSE JOINT RESOLUTION NO. 6 - ESTABLISHING THE WILMINGTON-DOVER RAIL SERVICE TASK FORCE
By motion of Mr. Ruane, seconded by Mr. Truitt, the following Resolution was adopted by a unanimous roll call vote:
WHEREAS, House Joint Resolution No. 6, presently before the General Assembly for consideration, would permit the House of Representatives and the Senate of the 141st General Assembly of the State of Delaware, with the approval of the Governor, to establish the Wilmington-Dover Rail Service Task Force to research the feasibility of providing rail transportation between Dover and Wilmington for the benefit of Delaware residents; and
WHEREAS, the State of Delaware is required to develop both short and long term measures to conform with the Federal Clean Air Act, including alternative modes of travel that serve to reduce single occupancy vehicle use, generate less pollution, and are more energy efficient than automobiles; and
WHEREAS, there is a growing need to provide alternative links between the State’s two major urban centers, Dover and Wilmington, to support government centers and spur healthy economic growth of business, tourism, and recreation; and
WHEREAS, the City of Dover recognizes that rail transportation between Wilmington and Dover would be a significant asset to the community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council support House Joint Resolution No. 6 and offers to provide assistance with this endeavor.
2. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: June 11, 2001
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 622 SOUTH STATE STREET, OWNED BY BAYHEALTH MEDICAL CENTER
A public hearing was duly advertised for this time and place to consider rezoning of property located at 622 South State Street, owned by Bayhealth Medical Center. The property is currently zoned R-10 (One Family Residence) and the proposed zoning is I/O (Institutional and Office).
Planner's Review
The present zoning of R-10 permits agricultural uses, single family detached dwellings on 10,000 square foot lots, and public buildings. Permitted conditionally are Planned Senior Housing Developments, Planned Neighborhood Design Developments on 20 or more acres with single family and multiple family dwellings and a gross density of 3 units per acre, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs. The present use of the property is vacant - residential.
The proposed zoning of I/O permits business, professional, and governmental offices, public and institutional uses, and restaurants. Conditionally permitted are Planned Senior Housing Developments, fire arm ranges, correctional facilities, and public incinerators. The proposed use of the property is for converting the house to an office or other use.
The recommendation of the Planning Commission is approval. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the immediate north is a single family home which is zoned RG-O (Residential General Office) and the Masonic Hall, zoned I/O, which is also used for professional offices. At one time, an accessory doctors office was located on the property. To the northeast and across South State Street is a single-family home zoned R-10. To the east and immediately across South State Street is an office and institutional uses associated with Bayhealth Medical Center. To the southeast is the Holy Cross Church Campus. To the immediate south and west are the buildings and parking lots associated with Bayhealth Medical Center.
Comprehensive Plan: The Comprehensive Plan provides the following as a Goal for Government and Institutional Land Uses: “To maintain and improve the City position as a center of government, higher education, and medicine through support of existing institutions and encouraging well designed campuses that are integrated into the community and that have room to expand”. The Comprehensive Plan kept the residential designation for this property because at the time it was still being used as a residence even though the hospital owned it. Now that it is no longer used as a residence, it is a natural expansion of the campus and is supported by the Comprehensive Plan Goal as mentioned.
Recommendation of Planning Staff: Considering that this proposal is consistent with the Comprehensive Plan and because it is compatible with most of the surrounding land uses, staff recommended approval of the rezoning. Mr. DePrima advised members that Dr. and Mrs. Bryan appeared before the Planning Commission and expressed concern for the use of the driveway that leads to the property that is located behind their house. Hospital representatives stated they did not intend to use it as a commercial drive. It was also noted that the drive would be substandard width for use as a commercial drive in the I/O zone.
Public Hearing
Council President McGlumphy declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President McGlumphy declared the hearing closed.
Mr. Speed moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and by a unanimous roll call vote, Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of April 23, 2001.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 622 SOUTH STATE STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-10 (One Family Residence) to I/O (Institutional and Office).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from R-10 to I/O on that property located at 622 South State Street, owned by Bayhealth Medical Center, Inc.
ADOPTED: JUNE 11, 2001
PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by the 1990 Bond Resolution) prior to adoption of the budget. Notice of the public hearing was properly advertised for this time and place.
Mr. DePrima stated that the total revenue and expenditures for the Electric Revenue Fund is $55,949,986 for fiscal year 2001/2002.
Council President McGlumphy declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President McGlumphy declared the public hearing closed.
Mr. Carey moved to approve the Electric Revenue Fund Budget for fiscal year 2001/2002, seconded by Mr. Gorman and carried by a unanimous roll call vote. Since approval of the Electric Revenue Fund Budget requires the adoption of an ordinance, it was noted that the First Reading of the ordinance will take place during the latter part of the meeting.
COUNCIL BUDGET HEARINGS REPORT
Members of City Council met in budget hearings on May 22, 2001 and May 23, 2001. Mr. Gorman, Chairman of the Legislative and Finance Committee, explained that the proposed budgets were prepared by the City Manager, Finance Director/Treasurer, and Administrative Services Director, with the assistance of City staff. The total operating budget for fiscal year 2001/2002, including the Improvement and Extension Funds for Water/Wastewater and Electric, is approximately $93.7 million. Mr. Gorman noted that expenses in the original proposed budget was reduced by $2.7 million.
Mr. Pitts moved for acceptance of the Council Budget Hearings Report, seconded by Mr. Carey and unanimously carried (the First Reading of the budget ordinances will take place during the latter part of the meeting).
PROPERTY ASSESSMENT APPEALS REPORT
The Assessment Appeals Committee met on May 30, 2001. Members present were Councilmen Salters (Chairman), Truitt, Carey, and Speed (alternate). Formal property assessment appeals were reviewed, as follows:
Delaware Guidance Services Value Appealed
for Children and Youth, Inc. Appraised Assessed
103 Monte Blanc Drive $730,500 $438,300
The committee recommended approval of the request for tax exemption for property located at 103 Monte Blanc Drive. It was noted that Delaware Guidance is currently located at 884B Walker Road, which currently has an exempt status with the City of Dover. They are in the process of constructing a new building located at 103 Monte Blanc Drive, in the Four Season’s Subdivision, which is expected to be completed by August. The tax exempt status for property located at 884B Walker Road will be rescinded once the exempt status for the property located at 103 Monte Blanc Drive is applied.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried.
Value Appealed
Mom’s House Appraised Assessed
864 South State Street $ 68,960 $ 43,100
The committee recommended approval of the request for tax exemption for property located at 864 South State Street.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Truitt and unanimously carried.
Value Appealed
Planned Parenthood of Delaware Appraised Assessed
805 South Governors Avenue $272,166 $163,300
The committee recommended approval of the request for tax exemption for property located at 805 South Governors Avenue.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Gorman and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Ritter and Mr. Speed).
Value Appealed
Mr. Lee D. Anders Appraised Assessed
21 Elm Terrace $ 89,167 $ 53,500
Mr. Lee Anders requested property tax relief as a result of the $5.00 per month trash fee instituted by the City last year. The committee took no action regarding this matter since it did not relate to the tax appeal process.
No further action was taken by Council.
Mr. Salters moved for acceptance of the Property Assessment Appeals Report, seconded by Mr. Carey and unanimously carried.
SETTING OF PROPERTY TAX RATE FOR FISCAL YEAR 2001/2002
The current property tax rate for the City of Dover is sixty-eight and one half cents ($0.685) per one hundred of assessed valuation. The proposed budget maintains the same rate for the upcoming tax billing.
Mr. Truitt moved that the property tax rate remain at sixty-eight and one half cents ($0.685) per one hundred dollars of assessed valuation for the upcoming 2001/2002 property tax billing. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
APPOINTMENT OF CITY CHAPLAIN (RECOMMENDED BY COUNCIL PRESIDENT MCGLUMPHY)
Council President McGlumphy recommended the reappointment of Chaplain Wallace Dixon to serve as City Chaplain for a one year term to expire June 2002.
Mr. Salters moved for approval of the reappointment of Chaplain Wallace Dixon as recommended by Council President McGlumphy. The motion was seconded by Mr. Gorman and unanimously carried.
APPOINTMENT - DOVER PUBLIC LIBRARY COMMISSION (RECOMMENDED BY MAYOR HUTCHISON)
Mayor Hutchison recommended the appointment of Ms. Dorothy Snyder to serve on the Dover Public Library Commission for a five year term to expire June 16, 2006.
Mr. Speed moved for approval of the appointment as recommended by Mayor Hutchison. The motion was seconded by Mr. Salters and unanimously carried.
APPOINTMENT - CIVILIAN MEMBER - SAFETY ADVISORY COMMITTEE (RECOMMENDED BY CHAIRMAN TRUITT)
Mr. Truitt, Chairman of the Safety Advisory Committee, recommended the appointment of Mr. Frederick Tolbert to serve as the civilian member of the Safety Advisory Committee.
Mr. Carey moved for approval of the appointment as recommended by Chairman Truitt, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED BUDGET ORDINANCES
Mr. Gorman moved to waive the reading of the proposed budget ordinances before Council, seconded by Mr. Carey and unanimously carried. Council President McGlumphy reminded the public that copies of the proposed ordinances 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 budget ordinances will take place during the Council Meeting of June 25, 2001.
Mr. Carey moved for acknowledgment of the First Reading of the following proposed budget ordinances, by title only, seconded by Mr. Gorman and unanimously carried:
Budget Ordinances - Proposed 2001/2002
A. General Fund - Cash Receipts and Budget
B. Contingency Fund - Cash Receipts/Revenues and Budget
C. Municipal Street Aid Fund - Cash Receipts/Revenues and Budget
D. Police Grant Fund - Cash Receipts/Revenue and Budget
E. Library Grants Fund - Cash Receipts/Revenue and Budget
F. Library Endowment Fund - Cash Receipts/Revenue and Budget
G. Community Development Fund - Cash Receipts/Revenue and Budget
H. Weed and Seed Fund - Cash Receipts/Revenue and Budget
I. Delaware Prevention Network - Cash Receipts/Revenue and Budget
J. Intergovernmental Service Fund - Cash Receipts/Revenue and Budget
K. Water Fund - Revenue and Budget
L. Water Improvement/Extension Fund - Cash Receipts/Revenue and Budget
M. Wastewater Fund - Revenue and Budget
N. Wastewater Improvement/Extension Fund - Cash Receipts/Revenues and Budget
O. Kent County Sewer Adjustment Related Items - Revenue and Budget
P. Water/Wastewater Contingency Fund - Cash Receipts/Revenues and Budget
Budget Ordinances - Proposed 2001/2002 (continued)
Q. Electric Revenue Fund - Revenue and Budget
R. Electric Utility Improvement and Extension Fund - Cash Receipts/Revenues and Budget
S. Electric Utility Depreciation Reserve - Sources and Uses of Funds
T. Electric Utility Insurance Stabilization Fund - Sources and Uses of Funds
U. Electric Utility Future Capacity (Restricted) Fund - Sources and Uses of Funds
V. Health Insurance Fund - Cash Receipts/Revenues and Budget
W. Workers Compensation Fund - Cash Receipts/Revenues and Budget
Mr. Salters moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:00 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 11, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2001\06-11-2001.min.wpd