REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 14, 2000 at 8:08 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 Major Mays, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Green, and Mr. Rodriguez. Chief Carey was absent.
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 Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Gorman moved for approval of the agenda, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 24, 2000
The Minutes of the Regular Council Meeting of July 24, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Gorman and bore the written approval of Mayor Hutchison.
PRESENTATION - REBECCA GORDON - SERVICE ON DOVER PARKING AUTHORITY AND DOWNTOWN DOVER DEVELOPMENT CORPORATION
Mayor Hutchison presented Mrs. Rebecca Gordon with a Dover Cup in recognition of her service to the City of Dover as a member of the Dover Parking Authority from August 1995 through July 2000, and the Downtown Dover Development Corporation from April 1999 through July 2000. He wished her much success in future endeavors.
Mr. DePrima, City Planner, thanked Mrs. Gordon for her contributions, noting that she navigated the Dover Parking Authority in the sale of the Water Street Parking Lot.
Mrs. Gordon indicated her memberships proved to be unique and challenging. She relayed appreciation for the recognition and thanked the Mayor and Council for their confidence and trust, and City staff and fellow Board Members for their support and cooperation.
RECOGNITION OF ANONYMOUS DONATION - DOWNTOWN DOVER WEST SIDE CLOCK
Mayor Hutchison advised members that a clock, which is to be erected on the west side of Downtown Dover, has been anonymously donated to the City of Dover. Although the individual making the contribution wishes to remain anonymous, Mayor Hutchison indicated that the donator has resided in Dover for 37 years and is a retired officer of the United States Air Force.
Members were provided a picture depicting the type and appearance of the clock. Mr. DePrima noted that the top of the clock consists of four faces and weighs 300 pounds and that the pole and base of the clock also weigh 300 pounds. The height of the clock is 16 feet. Although the picture displays a black iron style clock, the anonymous donator has selected a “green” color so that it will appear like aged copper.
Mr. DePrima advised members that the site location for the clock is in front of the former J.P. Court 7 Building (Old Train Station). It is anticipated that once the planned improvements for the west side of Dover are complete, the clock will be relocated as the center piece in the roundabout that is planned for the area. He announced that the clock will be erected on August 17th and invited anyone who wishes to attend.
There was a standing ovation given to acknowledge the generous gift of the anonymous donator.
PUBLIC HEARING/PROPOSED RESOLUTION - ABANDONMENT OF ELBERT STREET (PAPER STREET), RUNNING EAST TO WEST, PARALLEL TO COLLEGE ROAD - DELAWARE STATE UNIVERSITY
A public hearing was duly advertised for this time and place to consider abandonment of Elbert Street, which consists of 15.8760+/- acres located on the south side of College Road approximately 1,000’ west of the railroad. Elbert Street is a paper street that runs east and west parallel to College Road between Waters Street (dirt road) and Conwell Street (also a paper street). It has a 35’ right-of-way and is 900’ long and is located in the “College Settlement” subdivision which was never built.
Mr. DePrima, City Planner, reminded members that the Planning Commission and Utility Committee recommended approval of the abandonment of Elbert Street as requested by Delaware State University, considering that they are the only adjacent property owner and have proposed to construct four (4) dormitory buildings to house 260 students. Elbert Street is located in the center of the land that is proposed for development and would interfere with the proposed site development. The abandonment requires that utility easements be reserved for the City.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Weller moved for approval of the request to abandon Elbert Street. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN STREET (PAPER) 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 (paper) street:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a portion of a public street referred to as Elbert Street running east to west, lying on the southerly side of College Road, between Waters Street and Conwell Street and the street parallel to College Road, being 35 feet wide and approximately 900 feet in length, comprising 31,500 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid street, no compensation is awarded.
Section 3. The City shall retain utility easements 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 street.
ADOPTED: August 14, 2000
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 24, 2000 with Chairman Salters presiding.
Proposed Ordinance Amendment - Increase in Fines for False Alarms to Police
At the request of the City of Dover Police Department, members considered an ordinance amendment regarding fines for false alarms to the Police Department. In accordance with Section 14-3.5(c) of the Dover Code, when there is a false alarm signal for the Police Department that has been negligently caused by the alarm user, then the alarm user shall be fined $25 for each false alarm transmitted during the calendar year.
The proposed amendment, to become effective October 1, 2000, would allow a business to have two (2) false alarms every calendar year and establishes a tier schedule and increases the fines for such false alarms, as follows:
Number of False Alarms Amount of Fine Per False Alarm
3 - 5 $25
6 - 9 $50
10 - 15 $100
16 & over $150
During the committee meeting, Council President Christiansen alluded to the recent amendment which increased such fines for false alarms for the fire department. Mr. Carey stated that, unfortunately, the increase in fines has not reduced the number of false alarms called into the Fire Department.
The committee recommended adoption of the proposed ordinance amendment as recommended by staff.
Since the committee meeting, Mr. Salters advised members that staff has requested that where it reads “Effective October 1, 2000, a business is...” be changed to “Effective October 1, 2000, an alarm user is...”.
Major Mays stated that Mr. Tony Abbott of Delaware Signal has expressed concerns with the proposed amendment feeling that alarm users will hesitate to call the Police Department due to the increase in fines.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, including the amendment as requested by staff, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Amendments to Tree and Grass Ordinance
In an effort to improve enforcement of the tree and grass ordinance, the City Planner proposed amendments to Chapter 21 of the Dover Code regarding trees and other vegetation. The City’s current ordinance allows grass to reach a maximum height of 12 inches, at which time the property owner is given between 10 - 15 days, depending on form of notification, for correction. After the 15 day period, the City is then permitted to cut the grass and bill the property owner appropriately.
During the committee meeting, Mr. DePrima, City Planner, explained the proposed amendments. By reducing the maximum height and correction period, and eliminating the need for repeated notification, the City would improve their service to the community.
The committee recommended adoption of the proposed ordinance amendments as recommended by staff.
Mr. Weller relayed concerns with reducing the maximum height of grass and weeds from 12 inches to 8 inches. It was his observation that there are several individuals that maintain nice yards whose grass is 12 inches in height especially with the amount of rain we have had this summer.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
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 July 24, 2000 with Chairman Weller presiding.
Acceptance of Dedication of Rights-of-Way and Utilities - Village of Westover (Phase I)
The developer of the Village of Westover - Phase I, Frank Robino Associates, Inc., requested that the streets and utilities be accepted for maintenance and ownership by the City of Dover. A map was provided that depicted the general location and configuration of the rights-of-way. Upon completion, City staff inspected the public improvements and provided the developer with a list of repairs necessary to meet City standards and specifications and all work has been completed.
A one year Maintenance Agreement and Bond, in addition to a Release of Liabilities have been submitted by the developer and as-built drawings have been provided to the City for record purposes.
Staff recommended acceptance of dedication of rights-of-way and utilities for the Village of Westover, Phase I, as follows:
Sewer Utility Infrastructure
8" PVC Sanitary Sewer Main - 1,770 l.f.
10" PVC Sanitary Sewer Main - 717 l.f.
12" PVC Sanitary Sewer Main - 477 l.f.
15" PVC Sanitary Sewer Main - 783 l.f.
6" PVC Sanitary Sewer Laterals - 2,052 l.f. (108 laterals)
4' Diameter Sanitary Sewer Manholes - 18 each (329.32 v.f.)
6" Sanitary Sewer PVC Force Main - 1,530 l.f.
Smith & Loveless Pumping Station - 1 each
(4B2D - 15 H.P., 1760 R.P.M., 3 Phase, 60 HZ)
Water Utility Infrastructure
12" Ductile Iron Water Main - 2,640 l.f.
8" Ductile Iron Water Main - 2,920 l.f.
6" Ductile Iron Water Main - 90 l.f.
4" Ductile Iron Water Main - 130 l.f.
12" Gate Valves - 5 each
8" Gate Valves - 8 each
4" Gate Valves - 1 each
6" Hydrant Valves - 5 each
Fire Hydrants - 5 each
2" Blowoff Assembly - 1 each
Storm Water Infrastructure
Catch Basins - 23 each
15" Type III Reinforced Concrete Pipe - 355 l.f.
15" N-12 Plastic Pipe - 360 l.f.
18" Type III Reinforced Concrete Pipe - 170 l.f.
18" N-12 Plastic Pipe - 570 l.f.
21" Type III Reinforced Concrete Pipe - 360 l.f.
24" Type III Reinforced Concrete Pipe - 38 l.f.
24" N-12 Plastic Pipe - 330 l.f.
30" Type III Reinforced Concrete Pipe - 215 l.f.
36" Type III Reinforced Concrete Pipe - 145 l.f.
Roads
Westover Drive Station 0 + 00 to Station 5 + 95
Gagan Court Station 0 + 00 to Station 1 + 10
Northdown Drive Station 0 + 00 to Station 8 + 15
Thames Drive Station 0 + 00 to Station 8 + 32
Trafalgar Drive Station 0 + 00 to Station 9 + 17
Charring Cross Drive Station 0 + 00 to Station 3 + 20
During the committee meeting, Mr. O’Connor advised members that a majority of the utilities have been in place for approximately seven (7) years. At the time, the specifications were based on a previous sewer master plan that required the contractor to install the sewer line at a depth of 27 feet; therefore, a portion of the sewer main in the Village of Westover was installed extremely deep. Mr. O’Connor stated that, due to the depth, it is difficult to perform maintenance and/or repairs; therefore, during the construction of Phase III, the depth of the sewer line was significantly reduced. Since the City would prefer not to have the sewer line depth at 27 feet and the utilities exceed seven (7) years without being dedicated, he informed members that a one year bond on the sewer utility infrastructure was being required.
Mr. O’Connor indicated that he is in the process of drafting an ordinance that would expedite the process of street dedications.
Mr. Nichols stated that there have been problems with the flexibility of pipes at such depths and that if a problem should occur, the entire street could be affected. To protect the City, he suggested that the sewer utility infrastructure maintenance bond be increased from one (1) year to two (2) years.
The committee recommended approval of the acceptance of dedication of rights-of-way and utilities for the Village of Westover - Phase I, as recommended by staff, stipulating that the sewer utility infrastructure maintenance bond be increased from one (1) year to two (2) years.
Mr. O’Connor advised members that the contractor has agreed to provide a two (2) year maintenance bond.
Mr. Weller moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Pitts and unanimously carried.
Bid - South Little Creek Road Sanitary Sewer Pumping Station
The Department of Public Works designed a project to install a package pumping station on South Little Creek Road adjacent to property owned by the Dover Post. A six inch (6") force main was constructed in the area in 1999 to accommodate sanitary sewer flows from the Bryan Business Park and other properties in this vicinity. The original design used an old 10-horsepower package pumping station removed from The Meadows Subdivision during the construction of Phase I of the Mudstone Branch Interceptor Sewer. However, the estimated sanitary sewer flows and other design considerations have altered the original plans. The 10-horsepower package pumping station from The Meadows will be used to replace a deteriorating station on Horsepond Road.
Staff solicited a “sole source” bid from Smith & Loveless, Inc., for a 3-horsepower package pumping station, which more accurately fits the design parameters of the South Little Creek Road Pumping Station. Since all existing package pumping stations throughout the City’s system are manufactured by Smith & Loveless, Inc., staff requested that they be considered a sole source vendor. Funding for this project is available in the Wastewater Budget.
Staff recommended awarding the bid to Smith & Loveless, Inc., in the amount of $27,110, to provide the pump package and control system for the South Little Creek Road Pumping Station.
The committee recommended approval of staff’s recommendation.
Mr. Weller moved for approval of the committee’s recommendation that the bid be awarded to Smith & Loveless, Inc., in the amount of $27,110, to provide the pump package and control system for the South Little Creek Road Pumping Station. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Weller moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
MONTHLY FINANCIAL REPORTS - JUNE 2000
By motion of Mrs. Malone, seconded by Mr. Weller, the following monthly reports were 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
FIRST READING - PROPOSED ORDINANCES
Mr. Weller moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Malone 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 August 28, 2000.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mrs. Malone and unanimously carried:
► CHAPTER 14 - OFFENSES-MISCELLANEOUS, SECTION 14-3.5 - FALSE ALARMS TO POLICE, SUBSECTION (C) - VIOLATIONS; PENALTY
► CHAPTER 21 - TREES AND OTHER VEGETATION, SECTION 21-1 - MUNICIPAL TREE ORDINANCE, SECTION 21-17 - MAXIMUM HEIGHT, AND SECTION 21-18 - FAILURE TO MAINTAIN WEEDS AT PROPER HEIGHT; ABATEMENT BY CITY; COSTS AND LIEN
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of July 24, 2000.
Chapter 2 - Administration, Article III - City Council, Division 1.5 - City Chaplain, Section 2-74 - Appointment and Section 2-75 - Functions
Mr. Truitt moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Truitt moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by adding a new Division 1.5 to Article III - City Council, Chapter 2 - Administration, as follows:
DIVISION 1.5. CITY CHAPLAIN
Sec. 2-74. Appointment.
There shall be a City Chaplain who shall be appointed annually in June of each year by the Council President and confirmed by Council. The City Chaplain shall serve without compensation but Council may consider an annual donation to the congregation each year for which the Chaplain is associated.
Sec. 2-75. Functions.
The City Chaplain shall perform the following functions:
(3)He shall be in charge of giving the prayer before each Council meeting, which he may give either personally or delegate to another person.
(4)He may be called upon to represent the City as the City Chaplain in other City functions as requested by the Mayor and Council.
ADOPTED: August 24, 2000
Chapter 7 - Fire Prevention, Protection, Article II - Fire Department, Division 2 - Officers, Section 7-37 - Election and Voting Regulations for Nominees, Subsection (f)
Mr. Truitt moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Truitt moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by adding a new subsection (f) to Section 7-37 - Election and Voting Regulations for Nominees, of Chapter 7 - Fire Prevention, Protection, Article II - Fire Department, Division 2 - Officers, as follows:
(f) Absentee voting shall be permitted in accordance with the procedure adopted for absentee voting at regular municipal elections contained in Chapter 2, Sec. 2-14, et seq., of the Dover Code.
ADOPTED: August 24, 2000
Mrs. Malone moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:32 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 14, 2000, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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