REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 12, 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, Mr. Salters and Mr. Weller. Mrs. Malone was absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. O'Connor, Mrs. Bradley, Mrs. Mitchell, 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.
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
Council President Christiansen requested the addition of item #1A - Clarification by City Manager, Distribution of Handbills and item #2D - Appointment by Mayor Hutchison to DDDC. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 26, 2001
The Minutes of the Regular Council Meeting of February 26, 2001 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
CLARIFICATION BY CITY MANAGER - DISTRIBUTION OF HANDBILLS
During the Legislative and Finance Committee meeting held earlier in the evening, members reviewed a proposed ordinance amendment to Chapter 3, Advertising and Handbills, of the Dover Code. Mr. O’Connor alluded to an incorrect statement made regarding the distribution of handbills and explained that in accordance with Section 3-6(b), unless posted otherwise, handbills are permitted to be distributed at a residence with the stipulation that they either be directly handed to someone or are secured in there placement so that they cannot be blown or drift elsewhere.
PROCLAMATION - EMPLOYEE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover employees work diligently for all our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 16, 2001, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
PROCLAMATION - MILITARY RETIREE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the Military Retiree is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted a major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on March 31, 2001 these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim that Saturday, March 31, 2001 be known as “MILITARY RETIREE APPRECIATION DAY” in the City of Dover and urge the citizens of this City to honor these members of the community on this day.
Mayor Hutchison presented the Proclamation to (Ret.) Lt. Col. Kenneth H. Smith and relayed appreciation to all those that have served our Country. Ret. Lt. Col. Smith introduced Ms. Clara Walls, who has been an office volunteer for 23 years for the military retiree. He thanked members for the recognition and for providing such a great City for the military, which is why many retirees choose to live in this area.
PROCLAMATION - RED CROSS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, the American Red Cross has served our community by providing lifesaving information, training, and disaster relief to individuals and families since 1905; and
WHEREAS, the Red Cross is a leading voluntary agency meeting the needs of individuals and families affected by personal emergencies and disaster; and
WHEREAS, the Red Cross is designated by the Congress of the United States in the Act approved January 5, 1905, as amended, 36 U.S.C. Sections 1-9, as the lead voluntary agency responsible for national and international relief in time of peace and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measurers for preventing the same; and
WHEREAS, the Red Cross has trained thousands in our community in essential skills such as first aid and CPR, and provided disaster preparedness information, saving untold numbers of lives; and
WHEREAS, March has been designated as “Red Cross Month” by U.S. Presidential Proclamation.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the month of March 2001, as RED CROSS MONTH, and urge our community to acknowledge and support the Red Cross to help our families prevent, prepare for, and respond to emergencies and disasters.
Mayor Hutchison presented the Proclamation to Mrs. Sandy Yates, representing the American Red Cross. Mrs. Yates thanked members, on behalf of the American Red Cross of the Delmarva Peninsula, for the recognition and support of the City of Dover.
APPOINTMENT (MAYOR HUTCHISON) - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC)
Mayor Hutchison requested the appointment of Ms. Arden M. Bardol (Representative - Private Citizens) to fill the unexpired term of Mr. Wallace Taylor, which will expire April 23, 2002.
Mr. McGlumphy moved for approval of the appointment of Ms. Bardol to the DDDC, as recommended by Mayor Hutchison. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Malone absent).
VIOLATION OF DANGEROUS BUILDING ORDINANCE - 200 NORTH NEW STREET - FRANK AND LINDA CHICK
During the Regular Council Meeting on January 22, 2001, a public hearing was held to consider a violation of the Dangerous Building Ordinance at 200 N. New Street, owned by Frank and Linda Chick. After much discussion, City Council tabled action to allow the property owner the opportunity to finalize the sale of the property and that the matter be reconsidered at this time and place.
Mr. Salters moved to remove the item from the table, seconded by Mr. Carey and unanimously carried.
Mrs. Bradley, Inspector III, of the Inspections and Planning Department, recommended that the City move forward in declaring the property located at 200 N. New Street as dangerous and subject to demolition in accordance with the dangerous building ordinance.
Mr. Salters moved to suspend the rules to allow the property owner, Mrs. Chick, the opportunity to address members. The motion was seconded by Mr. Carey and unanimously carried.
Mrs. Chick advised members that there is a signed sales agreement for the property, with settlement to occur on March 20, 2001. The buyer, Mr. F. Wayne Pritchett, is a contractor who plans to restore the building with the first floor to become a store and an office area and the second floor to become an apartment.
Responding to Mr. Weller, Mrs. Chick stated that Mr. Pritchett has indicated his desire to begin construction immediately. It was her understanding that Mr. Pritchett has spoken to the City Planner regarding his intentions.
In response to Mr. Salters, Mrs. Bradley stated that in reviewing this matter with the City Planner, Mr. DePrima, the meeting he had with the contractor resulted in the determination that the plans proposed for the structure would not be permitted in the present zoning district.
Responding, Mrs. Chick explained that the contractor had originally proposed to convert the property into two (2) apartments; however, since that would not be permitted in accordance with the present zoning classification, the contractor has proposed to restore the structure to its original use, which was a store on the first floor and an apartment on the second floor. Mrs. Chick stated that the contractor is prepared to move forward with the restoration immediately upon settlement.
Mr. Salters suggested that the contractor make a presentation to Council regarding his plans and provide a time frame for the project.
Mr. O’Connor reminded members that should Council move forward with the demolition process for this property, there would be a 15 day notice to begin repairs or demolition. Taking this into consideration, it was his feeling that since the sale of the property is scheduled for closing on March 20th, the contractor would have a week or so to obtain a building permit, which would cause the demolition process to terminate as long as repairs are being made to the property. If a building permit were issued, the proposed use would be agreeable with the zoning classification. Mr. O’Connor felt that if Council approved the demolition, there would be adequate time for Mrs. Chick and Mr. Pritchett to satisfy the requirements to terminate the demolition process. He relayed confidence that the Inspections Department would work with the property owners in this regard.
Mr. Salters moved that the property located at 200 N. New Street be declared a dangerous building to be subject to demolition and in accordance with the specifications as indicated by the City Manager. The motion was seconded by Mr. McGlumphy and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Weller), and one (1) absent (Mrs. Malone).
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on February 26, 2001 with Councilman Pitts presiding.
Pre-Exhibit of Capital Theater
At the invitation of Mr. Jeff Fulghum, Executive Director, and Mr. Frank Fantini, Chairman, of the Friends of the Capital Theater, members of Council and City Staff toured the Capital Theater to view the infrastructure of the facility. Mr. Fantini indicated that the anticipated completion date for the center is August 2001.
No action was taken regarding this matter.
Mr. McGlumphy moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 26, 2001 with Chairman Salters presiding.
One-Year Review - Web Browsing Policy
During their Regular Meeting of February 28, 2000, City Council approved the Web Browsing Policy, stipulating that it to be reviewed in one (1) year. As directed, the Information Services Department reviewed the policy and contacted department heads to solicit their feelings regarding the policy.
During the committee meeting, Mr. O’Connor reported that the employee’s use of the Internet has increased significantly during the past year, with 50 employees that have signed the policy in order to use this valuable resource. The Web Browsing Policy focuses on employee use of this technology for City business. Usage of the Web to gather information from other government agencies and vendors can save employees considerable time in researching data and thereby provides more time for making quality decisions. Having a formal policy which requires signatures has become more the rule than the exception in government as well as industry. Based on the productive usage of the Internet under this policy and the feedback received, staff recommended that the Web Browsing Policy continue to remain in effect in its current form.
The committee recommended approval of the Web Browsing Policy, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried.
Fiscal Year 2000 Comprehensive Annual Financial Report
In accordance with Section 46 of the City Charter, the City's financial books are audited by independent auditors each year. The Finance Director/Treasurer, Mrs. Mitchell, submitted the Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2000. It was noted that all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company for fiscal year ended June 30, 2000 and that the auditors have given the City of Dover a clean (unqualified) opinion. The City has received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last 15 years.
The committee recommended acceptance of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2000.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried.
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 on February 26, 2001 with Chairman Weller presiding.
Request for Two Alley Abandonments Located Between Bedford Drive and Lincoln Street (Parallel to Bertrand Drive and parallel to Lincoln Street) - Wallace R. Dixon and William H. Hill
Members considered a request from Wallace R. Dixon and William H. Hill to abandon two (2) alleys located between Bedford Drive and Lincoln Street: 1) parallel to Bertrand Drive; and 2) parallel to Lincoln Street.
During the committee meeting, Mr. O’Connor advised 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. Staff recommended that a public hearing be set to abandon the alleys, and that if abandoned, it be stipulated that a permanent easement equivalent to the length and width of the alleys be retained for future utility installation if necessary.
In response to Mr. Carey, Mrs. Green assured members that all adjacent property owners will be notified of the proposed abandonment and will be sent a letter advising them of the public hearing, which will provide them the opportunity to relay their support or opposition to the proposed abandonment.
The committee recommended approval of staff’s recommendation for a public hearing to be set for March 26, 2001 to consider abandonment of alleys as requested, stipulating that an easement be maintained for the entire length and width of said alleys.
Mr. Weller moved to approve the committee's recommendation. The motion was seconded by Mr. Pitts and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF 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 favors the vacating and abandoning of the following alleys:
Alley #1 All 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 #2 All 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. The Council of the City of Dover will sit on Monday, March 26, 2001, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover.
ADOPTED: MARCH 12, 2001
Evaluation of Bids - Fulton Street Parking Lot
In an effort to address the current parking problems around Wesley College, the City has received funding from area legislators through a Suburban Street Aid Agreement to construct a 48 space parking lot at the corner of Fulton Street and North Governors Avenue. Although the proposed lot will be open to the public, it will be maintained by Wesley College. Staff solicited bids for the construction of the Fulton Street Parking Lot and recommended awarding the contract to the low bidder, Melvin L. Joseph Construction Co., Inc. (Georgetown, Delaware), in the amount of $110,759.00.
The committee recommended awarding the contract for the construction of the Fulton Street Parking Lot to the low bidder, Melvin L. Joseph Construction Co., Inc., in the amount of $110,759.00, as recommended by staff.
Mr. Weller moved for approval of the committee’s recommendation, seconded by Mr. Truitt and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen), and one (1) absent (Mrs. Malone absent).
Mr. Weller moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances were accomplished during the Council Meeting of February 26, 2001.
Revised Budgets for Fiscal Year 2000/2001
Mr. Gorman moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote (Mrs. Malone absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2000 and ending June 30, 2001:
A. GENERAL FUND RECEIPTS
CURRENT ADDITIONS REVISED
RECEIPTS BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance $1,630,710 $1,196,660 $2,827,370
Right-of-Way Revenue 200,000 24,000 224,000
Rent Revenues 0 37,050 37,050
Transfer from Water/Wastewater Fund 225,000 (225,000) 0
B. GENERAL FUND EXPENDITURES
CURRENT ADDITIONS REVISED
EXPENDITURES BUDGETS (REDUCTIONS) BUDGETS
Assessor $106,635 $74,700 $181,335
Recreation 448,441 5,023 453,464
Police 7,975,260 (43,600) 7,931,660
Inspections 729,321 20,000 749,321
Streets 1,001,443 26,877 1,028,320
Sanitation 1,829,974 88,619 1,918,593
Allocated Expenses 2,348,690 (42,286) 2,306,404
Health Self-Insurance Fund 0 329,234 329,234
Schutte Park Project Appropriation 0 300,000 300,000
Weyandt Hall Purchase 0 1,131,920 1,131,920
Transfer to Electric Improv./Ext. Fund 0 100,000 100,000
Environmental Expense 30,000 20,000 50,000
Budget Balance 1,467,666 (977,777) 489,889
C. WATER FUND REVENUES
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance $1,380,429 $436,166 $1,816,595
D. WATER FUND EXPENSES
CURRENT ADDITIONS REVISED
EXPENSES BUDGETS (REDUCTIONS) BUDGETS
Right-of-Way Revenue $130,000 $397,326 $527,326
Allocated Expenses 856,678 1,244 857,922
Health Self-Insurance Fund 0 100,573 100,573
Transfer to General Fund 112,500 (112,500) 0
Budget Balance 493,445 49,523 542,968
E. WASTEWATER FUND REVENUES
CURRENT ADDITIONS REVISED
REVENUES BUDGETS (REDUCTIONS) BUDGETS
Prior Year Balance $236,091 85,207 $321,298
F. WASTEWATER FUND EXPENSES
CURRENT ADDITIONS REVISED
EXPENSES BUDGETS (REDUCTIONS) BUDGETS
Right-of-Way Revenue $130,000 $397,327 $527,327
Allocated Expenses 856,675 1,245 857,920
Health Self-Insurance Fund 0 100,573 100,573
Transfer to General Fund 112,500 (112,500) 0
Budget Balance 418,710 (301,438) 117,272
G. ELECTRIC REVENUE FUND REVENUES
CURRENT ADDITIONS REVISED
REVENUES