REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 26, 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 Faulkner, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Mitchell, Third Assistant Fire Chief Grapperhaus, 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 Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. James Hosfelt, Pebble Valley Place - President of F.O.P. Lodge 15
Mr. Hosfelt read the following into the record:
“Good Evening, Mr. O’Connor, City Council President Christiansen and Members of Council.
My name is James Hosfelt. In addition to being a City resident, I am also the President of the Fraternal Order of Police, Lodge 15. Lodge 15 represents the men and women of the Dover Police Department. I’m here this evening to address a few concerns that I have with the recent events, which have affected our community.
Prior to doing that, I would like to recognize Mr. Tom Penoza. He is the National Treasurer, Grand Lodge of the Fraternal Order of Police.
Yesterday, March 25, 2001, City Council held an Emergency Meeting to help bring citizens together in the wake of recent events involving public safety. Although the meeting was labeled an emergency, leaders of the NAACP, State Representatives, and certain members of the community were given notice as was the local press. The Fraternal Order of Police was not given that same courtesy; therefore, I am asking to be present at any meetings that are held which will ultimately affect both the NAACP and its interaction with members of the F.O.P.
All over the City, law abiding citizens have been voicing their support for our officers. I would like to thank those citizens publicly for their positive thoughts. Members of City Council have also offered provided encouragement to several officers and have not publicly condemned the Dover Police Department as one member of Council has. Therefore, Councilman Salters, I will make my parting comments to you. It is every police officer’s hope that you will not continue your campaign against the City of Dover Police Department. At various times over the last few weeks you have been quoted by the media making insightful and obviously self-serving remarks concerning the death of Reginald Hannah. Publicly you advised the family of Reginald Hannah to retain the best legal counsel they could. You have also publicly discussed your concerns with the ongoing investigation along with your feelings regarding a coverup. But in the same conversation you asked the public to remain calm. Councilman Salters which is it going to be? Stay calm and wait for the facts or continue to report biased comments? As an elected official you have an obligation to act in the best interest of this City, not just certain special interest groups.
Thank you for your time and attention.”
Mr. Laspencer Saunders - Resident
Mr. Saunders advised members of his concerns regarding the recent events in the community. As a resident, there is a blatant distrust between the community and the officials of the City. He relayed disturbance with the comments just made by Mr. Salters, stating that those types of feelings may be the reason why there is an elevating problem in the City. Mr. Saunders stated that the current situation is not just a problem in the Capital Green area but that of the entire City. In speaking with residents, he advised members that it is their feeling that City officials are not being truthful and are withholding information, which is elevating the problem between the community and the Police Department.
Mr. Saunders noted that there have been meetings held by residents of the community and that only a few City officials were in attendance. He suggested that the City hold a town meeting to discuss issues of concern and help render the trust of the community. He stated that there are children of this City that fear police officers and that unless this matter is addressed at this time, it will only continue to escalate. Not only is it time for the community to begin to trust the officials of the City and police officers but the officials and police officers need to begin to trust the community.
Ms. Kim Laughlin-Matthews - Resident
Ms. Laughlin-Matthews stated that all residents, regardless of their color, need to come together as a community. She stated that the police officers belong to the entire community and that they are very much needed. Referring to children having fear of police officers, she felt that as adults, it is our responsibility to set an example and to explain to the children what is occurring in the community. Ms. Laughlin-Matthews expressed her grave concern with the attacks made by the community on the police officers without all the facts being known. Although she agreed that answers are wanted and needed by the community, she urged everyone to have patience. She also urged those that attend any City meetings to remain after given the opportunity to speak, since on many occasions, answers and other pertinent information may be relayed later in the meeting.
Ms. Laughlin-Matthews reminded everyone that if respect is desired, it must be given and that there are several meetings held by the City that are opened to the public. She suggested that if residents of the community wish to speak to City officials, they could attend these City meetings. It was her feeling that the negative experiences that we all have had cannot continue to be blamed on everyone else and that each must begin to make changes in themselves.
Mrs. Malone apologized to the F.O.P. regarding the Emergency Meeting held, explaining that she too was unaware of the meeting until just hours before it was held. It was her feeling that this issue will not be resolved by meeting with just individual groups and that anytime an emergency meeting is held, all parties involved should be contacted. She suggested that the City facilitate a meeting between the F.O.P. and NAACP within the next couple of weeks in an attempt to resolve the concerns of the two (2) groups. After this meeting, she felt that a public meeting could then be held in a school auditorium or another facility that could accommodate the number of people that she would anticipate attending.
Mr. Salters stated that upon his return from South Africa, he was informed of the incidents involving Mr. Reginald Hannah and the Dover Police Department. He had read in the newspaper that the police officers were represented by counsel. Considering this, when he visited the family of Mr. Hannah, he advised them to obtain the best lawyer possible.
Mr. Art Carney - Resident
Referring to the comments of Mrs. Malone regarding the holding of a meeting, Mr. Carney cautioned members against assuming that one particular organization represents a specific group of people. He noted that the community is very diverse, therefore, he felt that it would be a mistake to make such an assumption. He felt that the quickest way to allow the current situation to worsen would be to allow people, feelings, mistrusts, and unanswered questions to continue to brew. As Dover continues to grow, there will be more residents coming from other areas.
Mr. Carney suggested that it is time we come together, listen to each other, and begin to take care of what we currently have so that all are informed of where the City is going with regards to our police department, other community activities, etc. He felt that any meeting of the City should be scheduled in such a manner that anyone could attend and be given ample time to prepare a statement if they wished. Mr. Carney stated that members of Council are responsible to the citizens of Dover and that the citizens should be given the opportunity to address members of Council in this manner.
Mr. McGlumphy requested everyone to keep in mind that the current situation is a “first” for the City of Dover and that everyone should refrain from making any judgement too quickly. Since this is the first time the City has had to deal with such a situation, mistakes may be inadvertently made and suggested that we learn from our experiences. He also agreed that any deliberations held regarding this matter should be held “all inclusive”.
The Open Forum Closed at 7:41 P.M.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Gorman and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 12, 2001
The Minutes of the Regular Council Meeting of March 12, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
RESOLUTION - SPRING CLEAN UP WEEK
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, 2001; 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 23 - 27, 2001 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 23 - 27, 2001 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: MARCH 26, 2001
Mrs. Malone moved for adoption of the Resolution, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING/PROPOSED RESOLUTION - ABANDONMENT OF TWO ALLEYS LOCATED BETWEEN BEDFORD DRIVE AND LINCOLN STREET (PARALLEL TO BERTRAND DRIVE AND PARALLEL TO LINCOLN STREET) - WALLACE R. DIXON AND WILLIAM H. HILL
A public hearing was duly advertised for this time and place to consider abandonment of two (2) alleys located between Bedford Drive and Lincoln Street: 1) parallel to Bertrand Drive; and 2) parallel to Lincoln Street.
Mr. DePrima reminded members that the alleys are unimproved and that there were no concerns from any City department regarding the abandonment of the alleys. Since these are paper alleys, review and approval by the D.A.C. and Planning Commission were not required. The Utility Committee recommended approval of the requested abandonments, stipulating that permanent easements equivalent to the length and width of the alleys be reserved for the City.
Council President Christiansen declared the public hearing open.
Mr. William H. Hill, 30 Bertrand Drive, stated that he favors the alley abandonment. He stated that he has been a resident since 1969 and that, although the alleys were to be opened at one time, that has not occurred; therefore, he and other neighbors have been maintaining the alleyway.
Ms. Mary Slade, 950 Bedford Drive, stated that she favors the alley abandonment and felt that it should remain closed.
Council President Christiansen declared the public hearing closed.
Responding to Mr. Carey, Mrs. Green, City Clerk, stated that all adjacent property owners have been notified of the proposed abandonment.
Mr. Salters moved for approval of the request to abandon the two (2) alleys located between Bedford Drive and Lincoln Street. The motion was seconded by Mr. Weller and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alleys:
Alley #1All that certain piece or parcel of land situated in City of Dover, Kent County, State of Delaware, a public alley running north to south lying on the westerly side of Bertrand Drive, between Bedford Drive and Lincoln Street and the alley parallel to Bertrand Drive, being 15 feet wide and approximately 199.27 feet in length, comprising 2,989 square feet, more or less.
Alley #2All that certain piece or parcel of land situated in City of Dover, Kent County, State of Delaware, a public alley running east to west lying on the southerly side of Bedford Drive, between Bedford Drive and Lincoln Street and the alley parallel to Bedford Drive, being 15 feet wide and approximately 170 feet in length, comprising 2,550 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alleys, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alleys and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alleys.
ADOPTED: MARCH 26, 2001
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 12, 2001 with Chairman Salters presiding.
Comprehensive Review of City Code - Chapter 3 - Advertising and Handbills
In conjunction with the City’s Comprehensive Review of the City Code, staff submitted proposed amendments to Chapter 3 - Advertising and Handbills of the Dover Code. According to the City Planner, Mr. DePrima, an amendment was adopted by Council August 14, 1995 that repealed Sections 3-26 through 3-31, which pertained to permits for bill posters and handbill distributors; however, the definitions as found in Section 3-1 were not eliminated at that time. The proposed amendments will eliminate the definitions for “bill poster” and “handbill distributor”.
The committee recommended approval of the proposed ordinance amendments to Section 3-1 of the Dover Code, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Delaware Civic Center Corporation - Frazier Pit Property
Members were provided a revised Agreement of Sale for the Frazier Pit Property to the Delaware Civic Center Corporation. Mr. O’Connor explained that a revision was made to Paragraph 14, which was requested by the City Solicitor, as well as modifications to Exhibit “A” to also exclude the dedicated streets and provide a reservation of easements for existing utilities. A plot plan was included which depicts the general location of the boundaries of the property (Exhibit “B”). He advised members that there have been several test sites on the property and, although there was a high level of arsenic found in one of the test wells, no significant contaminant sources were found on the property.
The committee recommended approval of the revised Agreement of Sale for the Frazier Pit Property as presented by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 12, 2001 with Chairman Weller presiding.
Proposed Contract with Duke Engineering & Services, Inc. (DE&S) to Perform Engineering, Technical and Construction Services
Included in the Long-Range Plan for the Electric Department are the design and construction of major projects to the transmission and distribution system, which includes the proposed 230KV to Conectiv. This is a very large project that requires extensive engineering, procurement and construction activities. These activities are presently beyond the capabilities of the Electric Department. In order to successfully complete these project most expeditiously, it is necessary to enlist the assistance of DE&S to perform these services “turn-key”.
Staff recommended that the City enter into a Master Services Agreement with DE&S to allow them to perform engineering work, all construction activities, and to procure equipment and materials for any project which is assigned to them. Since Duke is presently under contract to provide engineering services, it would be logical to utilize them to perform the procurement and construction activities on “turn-key” projects. Mr. O’Connor noted that the proposed Agreement does not commit the City to retain DE&S for any project nor does it commit the expenditure of funds. When required, a request for the expenditure of funds will be submitted for each and every project that is assigned to DE&S under this Agreement and will require approval of Council. The Agreement will expire June 30, 2006.
The committee recommended approval of the Master Services Agreement with DE&S, as recommended by staff.
Mr. Weller moved for approval of the committee’s recommendation, 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.
MONTHLY REPORTS - FEBRUARY 2001
By motion of Mrs. Malone, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Planning and Inspections 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 Chief of Police Report, Mr. Truitt noted that the number of traffic arrests have increased and that the number of accidents have decreased. Feeling that there may be a correlation between these, he commended Chief Horvath on the efforts of the Police Department.
Mrs. Malone moved to accept the Chief of Police Report, seconded by Mr. Carey and unanimously carried.
ANNUAL REPORT - DEPARTMENT OF PLANNING AND INSPECTIONS
Mr. DePrima, City Planner, submitted the 2000 Department of Planning and Inspections Annual Report. The report included a listing of highlighted accomplishments, a summary of the activities of the various Boards and Commissions associated with the department, a short analysis of Dover’s development activity in 2000, and statistical information regarding operations.
Mrs. Malone moved for acceptance of the 2000 Annual Report of the Department of Planning and Inspections, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mrs. Malone moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Weller and unanimously carried. Council President Christiansen 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 ordinances will take place during the Council Meeting of April 9, 2001.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Weller and unanimously carried:
CHAPTER 3 - ADVERTISING AND HANDBILLS, SECTION 3-1 - DEFINITIONS
REZONING REQUEST/FIRST READING - 627 W. DIVISION STREET - TOLANO D. AND CATHY ANDERSON
A request was received to rezone property located at 627 W. Division Street, owned by Tolano D. and Cathy Anderson. The property is currently zoned M (Manufacturing) and the requested zoning is C-3 (Service Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Carey, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for May 28, 2001 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 627 W. DIVISION STREET.
REZONING REQUEST/FIRST READING - 346 AND 350 PEAR STREET - CAPITAL INVESTMENTS L.P., LTD.
A request was received to rezone property located at 346 and 350 Pear Street, owned by Capital Investments L.P., Ltd. 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.
By motion of Mr. Carey, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for May 28, 2001 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 346 AND 350 PEAR STREET.
The benediction was given by Chaplain Wallace Dixon.
Mrs. Malone moved for adjournment, seconded by Mr. Weller and unanimously carried.
Meeting Adjourned at 8:08 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 26, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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