Regular City Council Meeting
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Jun 12, 2000 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 12, 2000 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. Lucas, 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 Councilman Salters, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Salters requested the addition of item #4-C, Bid - Purchase of a 15,000 GVWR Utility Tree/Landscape Truck with 11’ Dump Body. Mr. Weller requested the addition of the following items:

            #4-D, Acceptance of Dedication of Rights-of-Way and Utilities - West Rustic Lane

            #4-E, Bid - 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis

            #4-F, Bid - All Wheel Rubber Tire Backhoe with Loader

Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Pitts and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 22, 2000

The Minutes of the Regular Council Meeting of May 22, 2000 were unanimously approved by motion of Mr. Weller, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.

PRESENTATION - DR. DONALD PARKS - SERVICE ON GREATER DOVER ARTS COUNCIL (FEBRUARY 1989 - MAY 2000)

Council President Christiansen presented Dr. Donald Parks with a Dover Cup in recognition of service rendered on behalf of the City as a member of the Greater Dover Arts Council from its inception in February 1989 through May 2000.

Dr. Parks advised members that since the Dover Arts Council was formed, the City has grown by 11,000 residents. One of the assignments of the Council is to provide residents a better place to live, and it was his feeling that the arts are critical in this regard since without culture, there would not be much dignity within the community. Dr. Parks urged members of Council to constantly keep the arts in mind when considering other issues involving the City and thanked them for the recognition.

CERTIFICATES OF RECOGNITION - 2000 DOVER YOUTH LACROSSE

The City Clerk read the following Certificate of Recognition into the record:

WHEREAS, Lacrosse is a wonderful sport for developing eye and hand coordination, discipline, endurance, and strategic planning skills and is the fastest growing sport in the nation; and

WHEREAS, several community members desired to play lacrosse, however, it was unavailable to them in Dover. In 1999, three weeks before the beginning of the season, the Dover business community, parents, and children joined together to form an inaugural lacrosse team. The sport has been so well received that this year a girl’s team was formed; and

WHEREAS, special commendation is due all team members, the coaching staff, and the parents for their hard work and dedication; and

WHEREAS, it is deemed an honor and privilege to present this certificate as follows:

                BOYS DOVER YOUTH LACROSSE                          GIRLS DOVER YOUTH LACROSSE

Coaches

Charlie Smith

Bill Malone

Paul McCommons

Jay Haller

Ron Allen

Statisticians

Holly Malone

Becky McCall

Time Keeper

Gavin Malone

Sports Medicine

Rita McCommons

Team

Daniel Abrams

Tanner Allen

Joseph Bailey

Nick Barkins

Kyle Bartz

Jacob Barndt

Charlie Brunner

Garrett Cain

Will DiMondi

Jonathan Ebaugh

Ritchie Goodman

Stephan Hailey

Andrew Haller

John Haller

Scott Jackson

Colin Jackson

Robert Kaercher

Members

Joshua Lambertson

Cody Malone

Charlie McCall

Drew McCommons

Jordan Naftzinger

Ryan Pierce

Brandon Ward

Andrew Rapp

Todd Sack

Eric Schukoske

Daniel Selg

John Silverio

Mitchell Taylor

Joshua Vachelli

Robert Ventura

Aaron Vaughn

G. Eric Wallitsch

Coaches

Steve Spangler

Debbie Scheller

Statisticians &

timekeepers

Sandy Spangler

Tracey Lundblad

Support Staff

Carrie Watts

Lisa Traynor

Team Members

Ashley Bages

Margaret Bahsen

Ashton Brown

Luminita Hamilton

Cathy Horn

Nicole Johnson

Missy Louie

Kirsten Lundblad

Rachel Mays

Alex Mereider

Logan Nickerson

Samantha Ritter

Monique Rivera

Merritt Scheller

Emily Siegfried

Ali Spangler

Danielle Wilson

2000 DOVER YOUTH LACROSSE

Congratulations from the City of Dover

June 2000

Council President Christiansen along with Mrs. Malone (Chairwoman of the Parks and Recreation Committee), Mr. Charlie Smith (Coach, Boys Dover Youth Lacrosse), and Mr. Steve Spangler (Coach, Girls Dover Youth Lacrosse) presented each member with a certificate.

Mr. Smith thanked members for the recognition and gave special commendation to Mrs. Rita McCommons, explaining that she was the major force behind the organization of this club.

Mr. Weller moved to recess to allow guests to clear the Council Chambers, seconded by Mr. McGlumphy and unanimously carried.

Meeting Recessed at 7:59 P.M. and Reconvened at 8:04 P.M.

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, 2000, 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 First 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.

PROCLAMATION - MULTIPLE SCLEROSIS

The City Clerk read the following Proclamation into the record:

WHEREAS, Multiple Sclerosis is a disease that attacks the central nervous system, usually without warning, and the progress, severity, and specific symptoms of the disease cannot be predicted; and

WHEREAS, the symptoms of this disease may range from numbness to paralysis and blindness with most people being diagnosed with the disease between the ages of 20 and 40, however, the unpredictable physical and emotional effects can be lifelong; and

WHEREAS, there are approximately one third of a million Americans with Multiple Sclerosis, and every week, some 200 people are diagnosed with the disease - more than one person per hour; and

WHEREAS, the National Multiple Sclerosis Society, Delaware Chapter, is a non-profit health care agency dedicated to ending the devastating effects of the disease by assisting Delaware residents and thousands of those with Multiple Sclerosis by offering counseling, an equipment loan program for those needing mobility aids, exercise programs, support for limited in-home healthcare services, transportation assistance, educational literature, and a host of other vital care programs.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER do hereby proclaim JUNE 2000 as MULTIPLE SCLEROSIS AWARENESS MONTH in the City of Dover and urge all citizens to recognize the importance of this observance and encourage the Multiple Sclerosis Society in its mission.

On behalf of the Mayor and members of Council, Council President Christiansen presented the Proclamation to Ms. Michelle Corrice and Ms. Regina Byers, representatives of the National Multiple Sclerosis Society, Delaware Chapter. Ms. Corrice thanked members for the recognition.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met earlier this evening with Chairman Salters presiding.

Bid - Purchase of a 15,000 GVWR Utility Tree/Landscape Truck with 11’ Dump Body

Staff solicited bids for the purchase of a 15,000 GVWR Utility Tree/Landscape Truck with 11' Dump Body to replace the 1987 C60 Chevy Dump Truck, with a trade-in option on the C60 Chevy Dump Truck.

Staff recommended that the bid be awarded to the low bidder, Schodorf Truck Body & Equipment Co. in the amount of $35,995 for a new 1999 Chevy Utility Tree/Landscape Truck with 11’ Dump Body and the trade-in of the 1987 C60 Chevy Dump Truck.

The committee recommended approval of staff’s recommendation.

Mr. Salters moved for approval of the bid to Schodorf Truck Body & Equipment Co. in the amount of $35,995 for a new 1999 Chevy Utility Tree/Landscape Truck with 11’ Dump Body, which includes the trade-in of the 1987 C60 Chevy dump truck, as recommended by the committee. 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 Mrs. Malone and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met earlier this evening with Chairman Weller presiding.

Acceptance of Dedication of Rights-of-Way and Utilities - West Rustic Lane

The developer of the Lowes Home Improvement Store requested that the street (West Rustic Lane) and utilities constructed for access to the site 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. After construction was completed, staff inspected the public improvements and provided the developer with a list of repairs to be made 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 West Rustic Lane, as follows:

             Utilities

             12" Ductile Iron Water Main                   -           1,030 l.f.

             6" Ductile Iron Water Main                     -           35 l.f.

             12" Gate Valves                                       -           2 each

             6" Hydrant Valves                                   -           2 each

             Fire Hydrants                                           -           2 each

             Roads

             West Rustic Lane                                     -           Station 0 + 00 to Station 9 + 36

Note: The private pump station which is located on the property is excluded from this dedication.

The committee recommended approval of the acceptance of dedication of rights-of-way and utilities for West Rustic Lane, as recommended by staff.

Mr. Weller moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.

Bid - 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis (Contract #2000-05)

In conjunction with the revised FY2000 budget, staff requested permission to evaluate the purchase of a new 22 cubic yard automated side loading refuse body complete with chassis. The new equipment would replace vehicle #441, which has more than 450,000 miles on the chassis and maintenance costs have been substantial over the past few years and has been slated for disposal at this year’s City Auction. Staff solicited bids reflective of the current automated fleet’s standards and specifications.

Staff recommended that the bid be awarded to Heil Equipment Co. of Philadelphia, Inc., in the amount of $133,427 for the purchase of one (1) 22 cubic yard automated side loading refuse collection body and chassis.

The committee recommended approval of staff’s recommendation.

Mr. Weller moved to award the bid to Heil Equipment Co. of Philadelphia, Inc., in the amount of $133,427 for the purchase of one (1) 22 cubic yard automated side loading refuse collection body and chassis, as recommended by the committee. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.

Bid - All Wheel Rubber Tire Backhoe With Loader (Contract #2000-06)

In conjunction with the Department of Public Works FY2000 operating budget and the CIP, bids were solicited for one (1) All Wheel Drive Rubber Tire Backhoe with Loader. This equipment would replace a 1997 New Holland Backhoe that will be transferred to the Water/Wastewater Division upon receipt of the new equipment.

Staff recommended that a purchase order be issued to Alban Tractor Co., Inc. in the amount of $56,650 for the purchase of one (1) Caterpillar 416C All Wheel Drive Rubber Tire Backhoe with Loader.

Mr. Weller moved to authorized that a purchase order be issued to Alban Tractor Co., Inc. in the amount of $56,650 for the purchase of one (1) Caterpillar 416C All Wheel Drive Rubber Tire Backhoe with Loader, as recommended by the committee. The motion was seconded by Mr. Gorman and carried by a unanimous roll call vote.

Mr. Weller moved for acceptance of the Utility Committee Report, seconded by Mr. Gorman and unanimously carried.

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.

Mr. O’Connor stated that the total revenue and expenditures for the Electric Revenue Fund is $53,383,714 for fiscal year 2000/2001

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.

Council action on the Electric Fund Budget will take place during the First Reading of the ordinance during the latter part of the meeting.

COUNCIL BUDGET HEARINGS

Members of City Council and the Legislative and Finance Committee met in budget hearings on May 22, 2000. Mr. Salters, 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 budget for the City’s major funds for fiscal year 2000/2001 is approximately $77.5 million.

Mr. Salters moved for acceptance of the Council Budget Hearings Report, seconded by Mrs. Malone 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 31, 2000. Members present were Councilmen Salters (Chairman), McGlumphy, Weller, and Carey. Formal property assessment appeals were reviewed, as follows:

Value Appealed

            Central Delaware                                             Appraised      Assessed

            1241 College Park Drive                                $542,400         $339,000

The committee recommended approval of the request for property tax exemption for property located at 1241 College Park Drive.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried.

                                                                                         Value Appealed

            House of Pride, Inc.                                         Appraised      Assessed

            110 S. New Street                                           $66,080           $41,300

            102 S. New Street                                           $46,400           $29,900

            38 S. New Street                                             $33,440           $20,900

            37 S. New Street                                             $39,680           $24,800

The committee recommended approval of the request for tax exemption for property located at 110 S. New Street and denial of the request for tax exemption for those properties located at 102, 38, and 37 S. New Street.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone.

Mr. Weller relayed concern regarding the use of the property located at 110. S. New Street and felt that action should be delayed to allow the City Assessor to further investigate this matter.

Mr. Weller moved to table action to allow further investigation, seconded by Mrs. Malone and unanimously carried. The City Assessor was requested to investigate this matter and report back to Council during their Regular Meeting on June 26, 2000.

Value Appealed

            Friends of Capital Theater                               Appraised      Assessed

            Capital Theater                                               $206,720         $129,200

The committee recommended approval of the request for tax exemption for the Capital Theater property for two (2) years.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

Value Appealed

            Mt. Zion A.M.E. Church                                 Appraised      Assessed

            120 N. Queen Street                                       $11,500           $6,900

            108 N. Queen Street                                       $6,500$3,900

            118 N. New Street                                          $6,700$4,020

            102 N. New Street                                          $4,700$2,820

            106-108 N. New Street                                   $5,900$3,500

Council President Christiansen indicated that he was notified that a formal request of Mt. Zion A.M.E. Church was forthcoming regarding the recommendation of the Appeals Committee. He advised members that upon receipt of the formal request, Council will consider this matter during the Regular Council Meeting of June 26, 2000 and that no action regarding the report of the Appeals Committee for this item is required at this time.

Value Appealed

            Mom’s House                                                  Appraised      Assessed

            864 S. State Street                                          $68,960           $43,100

The committee recommended denial of the request for tax exemption for property located at 864 S. State Street.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by seven (7) yes, one (1) no (Mr. Truitt), and one (1) not voting (Council President Christiansen).

            Delaware Guidance Services

Mr. Salters indicated that a tax appeal was submitted by Delaware Guidance Services for property located at lot #2 of the Four Seasons Subdivision on Saulsbury Road. The committee did not take any action since the request was not submitted by the owner of the property. No further action was taken by Council.

Mr. Salters moved for acceptance of the Property Assessment Appeals Report, seconded by Mr. Weller and unanimously carried.

Mrs. Malone requested that, in the future, all members of Council be provided with minutes of the Property Assessment Appeals Meeting in order to provide a better understanding of the recommendations.

SETTING OF PROPERTY TAX RATE FOR FISCAL YEAR 2000/2001

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. Weller 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 2000/2001 property tax billing. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.

RE-APPOINTMENTS - RECOMMENDED BY MAYOR JAMES L. HUTCHISON

Mayor Hutchison recommended the following re-appointments:

            Board of Adjustments - 3 Year Terms to Expire July 1, 2003

            Dr. Edward Goate

            Richard Senato

Mr. Truitt moved for approval of the re-appointments as recommended by Mayor Hutchison, seconded by Mr. Pitts and unanimously carried.

            Dover MPO Public Advisory Committee - 2 Year Term to Expire July 1, 2002

            David L. Edgell

Mr. Carey moved for approval of the re-appointment as recommended by Mayor Hutchison, seconded by Mr. Salters and unanimously carried.

            Ethics Commission - 5 Year Term to Expire July 31, 2005

            Col. Arthur G. Ericson

Mr. Truitt moved for approval of the re-appointment as recommended by Mayor Hutchison, seconded by Mr. Pitts and unanimously carried.

            Historic District Commission - 3 Year Term to Expire July 26, 2003