REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 23, 2001 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Mitchell, Deputy Fire Chief Bashista, Mrs. Green, and Mr. Pepper.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen 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. Salters requested the addition of item #3, Proposed Purchase of Police Mobile Data Terminals. Mr. Weller requested the addition of item #4, Evaluation of Bids - South Little Creek Road (Dover Post) Pump Station Wet Well, and item #10-C, Comments. (City Clerk’s Office Note: Item #4-B, Purchase of Weyandt Hall, was inadvertently listed on the agenda - final action was taken on this matter during the Council Meeting of April 9, 2001).
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Gorman and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 9, 2001
The Minutes of the Regular Council Meeting of April 9, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives and this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 2000 for the twelfth consecutive year by the National Arbor Day Foundation, recognizing Dover for its outstanding urban forestry program; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community and the community's tree planting program is a living memorial to the citizens' concerns for the quality of life; and
WHEREAS, planting and caring for trees is a very special gift that one generation gives to the next.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 27, 2001 as ARBOR DAY in the City of Dover, and urge all citizens to support the efforts to plant and care for our public trees along our streets and in our parks.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
Council President Christiansen announced that in celebration of Arbor Day, the City Grounds Department will be planting three (3) River Birch, three (3) flowering Red Bud, and three (3) Serviceberry trees in front of the pond area at Schutte Park on Friday, April 27, 2001 at 9:00 a.m., and that the public is invited to attend this planting ceremony.
PROCLAMATION - DAY OF PRAYER
The City Clerk read the following Proclamation into the record:
WHEREAS, the National Day of Prayer is held each year on the first Thursday in May with the 2001 National Day of Prayer to be held on May 3rd; and
WHEREAS, in 1952 the Congress resolved "that the President shall set aside and proclaim a suitable day each year, other than Sunday, as a national Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals"; and
WHEREAS, in observance of the National Day of Prayer, churches are encouraged to participate by ringing the church bells at 12:00 noon to remind our citizens of this specially designated day of prayer.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim May 3, 2001 as "A DAY OF PRAYER IN DOVER" and invite all to observe this day in ways appropriate to its importance and significance, and in particular, I request that all observe the time between 12:00 noon and 12:05 p.m. to ask God's blessing on their city, our nation, its leaders and its people and to thank Him for the blessing of liberty and peace.
PROCLAMATION - DELAWARE SMALL BUSINESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the history of America is one of a country at work - a country of farmers, manufacturers, and merchants joining together to create a greater society; and
WHEREAS, our growing and thriving nation is built on individual initiative, a competitive character, and intense pride in our achievements; and
WHEREAS, the Central Delaware Chamber of Commerce engages in activities to assist small business persons and each year nominates small business persons as examples of the quality of the business persons in Central Delaware; and
WHEREAS, this year, the Central Delaware Chamber of Commerce has nominated:
James A. Flood, Jr. - Dover Post Company
Michael G. Frebert - Dover Litho Printing Company
Gregory V. Moore - Becker Morgan Group
John C. Still, III - Dover Financial Group, Inc.
Melville F. Warren, Jr. - Pfister Insurance
as outstanding small business persons.
NOW, THEREFORE, I, JAMES L. HUTCHISON, Mayor of the City of Dover, do hereby proclaim the week of May 6 - 12, 2001, as DELAWARE SMALL BUSINESS WEEK in the City of Dover and ask that all in our fine City pay tribute to its small business men and women.
RECONSIDERATION OF REZONING - ONE YEAR LIMITATION EXPIRATION - PROPERTY LOCATED AT 811 BAY ROAD, OWNED BY BLUE HEN VENTURE
In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council. Mr. DePrima stated that during their Regular Meeting of April 10, 2000, City Council approved the rezoning of property located at 811 Bay Road from C-4 (Highway Commercial) to SC-3 (Regional Shopping Center). At the time of the rezoning, the property was owned by Delaware Industrial Enterprises, Inc. The property is currently owned by Blue Hen Venture.
On behalf of the property owners, Mr. Gregory Moore, Principal of Becker Morgan Group, submitted a letter requesting an extension to the SC-3 zoning classification. He explained that during the past year, the owners have been executing an agreement with the American Legion to enable that parcel to be incorporated into the proposed project. In addition, the traffic study has been completed and comments from DelDOT have been obtained. Mr. Moore explained that in
the near future, an application will be submitted to rezone the existing American Legion site to SC-3 and, at the same time, rezoning of their new site to C-4. The new American Legion site will be located on the far north side of the property along Route 13 next to Hardees. Once that is accomplished, Mr. Moore stated that the site design stages of the project will be initiated.
Staff recommended approval of the extension of the rezoning for property located at 811 Bay Road for an additional one year.
Mrs. Malone moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 9, 2001 with Chairman Salters presiding.
Community Development Block Grant - FY2001/02 Recommended Spending, Programs, and Proposed Resolution
Members were provided with a proposed Resolution for the approval of the Community Development Block Grant 2001 Action Plan. The Action Plan includes the City’s request for $311,000 Community Development Block Grant (CDBG) Entitlement. The Community Block Grant Advisory Committee reviewed proposals for funding and recommended the following activities to be funded for fiscal year 2001:
Dover Police Department Community Policing $20,000
NCALL Home Ownership Counseling 8,300
Program Administration 62,200
Fair Housing Counseling 500
Neighborhood Home Ownership Program 15,000
Preserve the Existing Housing Stock in the City 40,000
Direct Home Ownership Assistance 45,000
Target Area Economic Redevelopment 65,000
Move In Move Up Small Business Loans 25,000
Transitional Housing 30,000
TOTAL $311,000
The committee recommended approval of the FY 2001 CDBG Action Plan in the amount of $311,000 and adoption of the proposed Resolution, as recommended by staff.
By motion of Mr. Salters, seconded by Mrs. Malone, Council approved the committee’s recommendation and adopted the following Resolution by a unanimous roll call vote:
WHEREAS, the City of Dover is entitled to $311,000 through the United States Department of Housing and Urban Development’s Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2001 Action Plan, in accordance with United States Department of Housing and Urban Development guidelines, that serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for community development purposes in accordance with the National Community Development objectives of benefitting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development required the City of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $311,000 entitlement; and
WHEREAS, the City of Dover has prepared the attached Application for Federal Assistance, and presented it at an advertised public hearing held on April 2, 2001.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER approve the 2001 Action Plan and application for Federal Assistance included in the Action Plan, along with certifications and policies attached, and authorize its forwarding to the United States Department of Urban Development for consideration.
ADOPTED: APRIL 23, 2001
Proposed Purchase of Police Mobile Data Terminals (MDTs)
During the committee meeting held earlier this evening, members considered a request of the Police Department for the purchase of 11 Mobile Data Terminals (MDTs) from GTSI with funding consolidated from three (3) grants. The Police Department routinely applies for and receives grant funding from various State and Federal agencies. Grant funded items are included in the City’s Capital Investments Plan as required when the information is available for their inclusion.
For continuity of service, it was recommended that the same model and brand that was purchased in October 2000 be purchased at this time. This would eliminate configuration conflicts and streamline repairs when necessary. Although there is no State contract for this item, GTSI is a Federal contract vendor for the MDTs. It was noted that the order for 10 MDTs placed in October 2000 were from GTSI; however, they were ordered through CE Computers, a State contract vendor for computer equipment. Since then, CE Computers has gone out of business. Members were advised that GTSI has provided excellent technical support. The total cost for the 11 MDTs is $61,251, as follows:
Description Quantity Unit Price Total
Panasonic CF-27 Laptops 11 $4,182 $46,002
CF-27 Docking Station 11 693 7,623
Nite-Eyes Lighting System for CF-27 11 50 550
Gamber Johnson Adapter Plate 9 26 234
LEDCO 3 Year Warranty on Dock 11 130 1,430
24X CD-ROM for CF-27 11 332 3,652
64MB RAM Upgrade Chip for CF-27 11 160 1,760
TOTAL $61,251
Funding has been received through the Delaware Department of Public Safety Local Law Enforcement Technology Grant Program in the amount of $194,297 in 2000 (expires 9/30/2001) and $80,777 in 2001. In addition, funding has been received from the Federal Law Enforcement Block Grant Program. Staff recommended approval of the purchase of 11 MDTs in the amount of $61,251 as specified.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the committee’s recommendation for the purchase of 11 Mobile Data Terminals (MDTs) from GTSI in the amount of $61,251 as specified. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met earlier this evening, with Chairman Weller presiding.
Evaluation of Bids - South Little Creek Road (Dover Post) Pump Station Wet Well
The Department of Public Works prepared plans and specifications for the construction and installation of a 5' diameter concrete wet well approximately 20' deep to be used in conjunction with a previously purchased package pumping station. The wet well construction is the final phase of the work necessary to place the South Little Creek Road (Dover Post) Pumping Station into service. Once the wet well has been set, the pump package and force main will be connected to the wet well infrastructure. The pumping station is to be located on the northwest corner of the Dover Post property and will provide sanitary sewer service to an area of the City which is currently served by on-site septic systems.
Staff recommended awarding the contract for the construction of the South Little Creek Road (Dover Post) Pumping Station Wet Well to the low bidder, Hopkins Construction, in the amount of $39,400.
The committee recommended approval of staff’s recommendation.
Mr. Weller moved for approval of the committee’s recommendation to award the contract for the construction of the South Little Creek Road (Dover Post) Pumping Station Wet Well to Hopkins Construction, in the amount of $39,400. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Weller moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
ELECTION RESULTS - 2001 MUNICIPAL ELECTION
The City Clerk reported the following results for the 2001 Municipal Election as certified by the Election Judges:
At-Large First District
David Levi Anderson 610 Francis C. Nichols 164
Carleton E. Carey, Sr. 1,321 Stephen R. Speed 510
Holly L. Malone 721 Marcia J. Waters 119
Total Votes 2,652 Total At-Large Votes 789
Total Registered Voters 20,387 Total District Votes 798
Total Registered Voters 6,904
Second District Third District
Arthur G. Carney, Jr. 32 Roger F. Bulley 60
Peter V. Giglio 167 Robin R. Christiansen 268
Eugene B. Ruane 436 Samuel B. Hoff 81
Charles A. Weller 127 Robert G. Ritter, Jr. 414
James Rogin 166
Total At-Large Votes 738
Total District Votes 762 Total At-Large Votes 940
Total Registered Voters 3,658 Total District Votes 989
Total Registered Voters 6,976
Fourth District
Reuben Salters 122
Total At-Large Votes 185
Total District Votes 122
Total Registered Voters 2,849
Mrs. Malone moved for acceptance of the 2001 Municipal Election Results as reported, seconded by Mr. Carey and carried by a unanimous roll call vote.
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE
Council President Christiansen requested that the setting of the property assessment appeals and the appointment of the assessment appeals committee be deferred to allow the new Council to set the date for appeals and the Council President to appoint the committee.
Mrs. Malone moved to defer as requested, seconded by Mr. Salters and unanimously carried.
APPOINTMENTS (MAYOR HUTCHISON) - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC) - THREE YEAR TERMS TO EXPIRE APRIL 23, 2004
Mayor Hutchison requested the following appointments to the Downtown Dover Development Corporation for three (3) year terms to expire April 23, 2004:
Mr. Michael Harrington - Commercial Real Estate Representative (reappointment)
Mr. Gerald Street - Legal Representative (reappointment)
Mr. Joseph McDaniel - Financial Representative (to fill the term vacated by Mr. Wayne Holden)
Mr. Pitts moved for approval of the appointments as recommended by Mayor Hutchison, seconded by Mr. Weller and unanimously carried.
CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
In accordance with Section 7-18 of the Dover Code, the City Manager performed the semi-annual inspection of the Robbins Hose Company. Mr. O’Connor reported that the Robbins Hose Company continues to provide quality fire protection to the City of Dover and after meeting with the Fire Chief, noted the following points:
►The Company is still experiencing good response from the membership to fire calls and training.
►The Dispatch Orbacom System is experiencing some operational problems. Magnum Electronics, the maintenance company, has responded; however, there are questions between Orbacom and the City concerning who will be responsible for payment of bills. The City Solicitor’s Office has been contacted and hopefully there will soon be a resolution.
►The proposed delivery date of May 9, 2001 has been given by LTI (American LaFrance) for the new ladder truck. There is a $250 per day penalty for late delivery.
►A request has been made for the money that the County is providing to all fire companies for pagers be used instead for new radios. At this time, there does not seem to be any objection to the request.
►A new driver training class has begun and there are 12 individuals enrolled. The class takes about one year to complete.
►Volunteer response to fire calls has increased. The Chief thinks that since total calls are down from a year ago, the volunteers are not as tired of runs and are more likely to make all calls.
Members relayed their appreciation to the volunteers of the Robbins Hose Company for their efforts.
Mrs. Malone moved for acceptance of the City Manager’s report on the semi-annual inspection of the Robbins Hose Company, seconded by Mr. Truitt and unanimously carried.
MONTHLY REPORTS - MARCH 2001
By motion of Mr. Salters, seconded by Mrs. Malone, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor 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 Planning and Inspections Report, Mr. Gorman questioned the time period involved with the 1997 Downtown Pedestrian and Bicycle Amenities Enhancement Grant.
Responding, Mr. DePrima explained that the project began in 1997; however, considering the necessary paperwork, designing, contracts, etc., the actual construction work did not begin immediately. He stated that with the exception of a few minor items, the project is complete, and took approximately one year. Mr. DePrima stated that the City paid for the costs of the design work for the project and would be reimbursed only when the project is completed. For construction costs, he explained that the City pays for the costs and then is reimbursed periodically by submitting invoices to DelDOT.
Mr. Gorman moved to accept the Planning and Inspections Report, seconded by Mr. Salters and unanimously carried.
REZONING REQUEST/FIRST READING - 310-334 PEAR STREET
A request was received to rezone property located at 310-334 Pear Street, owned by Pear Street Associates, LLC. The property is currently zoned M (Manufacturing) and the requested zoning is I/O (Institutional and Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
Mr. DePrima reminded members that there was a previous rezoning request for 346 and 350 Pear Street which was referred to the Planning Commission for their review and recommendation. He noted that both rezoning requests are relative to the proposed Campus Community Charter School. The rezoning request for 346 and 350 Pear Street was considered by the Planning Commission during their meeting of April 16, 2001. Although this recommendation would normally be presented to Council for a public hearing during the first Council Meeting of the month following the Planning Commission’s meeting, since that is the Annual Council Meeting, the public hearing will be held on May 29, 2001. Since the rezoning for 310-334 Pear