REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 27, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, 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. Green, and Mr. Pepper. Fire 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. Carey requested the deletion of item #3, Presentation - Proctor & Gamble, and that a new item #3 be added, Remarks by Mayor Hutchison. Mr. Weller requested the addition of item #6-B, Evaluation of Bids - Groundwater Production Wells.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 13, 2000
The Minutes of the Regular Council Meeting of March 13, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROCLAMATION - NATIONAL TELECOMMUNICATIONS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the week of April 9 - 15, 2000 is designated as National Telecommunications Week to honor Public Safety Telecommunication Professionals throughout the nation; and
WHEREAS, these Telecommunication Professionals, comprised of administrators, technicians, dispatchers, operators, and call-takers who work with Emergency 911 public safety communications systems and equipment, are recognized by various public safety service organizations for the role they play in providing a vital link between those who need help and those who provide it, such as the police, fire, and emergency medical personnel; and
WHEREAS, the men and women of the Mid-Eastern Chapter of the Association of Public Safety Communications Officials International, Inc., who serve the Delaware, Maryland, and District of Columbia area is such a service organization who annually honors the outstanding Telecommunication Professionals from our community; and
WHEREAS, nominations have been accepted by the Mid-Eastern Chapter from which awards will be made to selected men and women who serve the citizens of Delaware; and
WHEREAS, the recipients of these awards will be honored at the Annual Telecommunication Awards Ceremony to be held at the Dover Elks Lodge in Dover on April 20, 2000.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of April 9 - 15, 2000, as TELECOMMUNICATIONS WEEK in the City of Dover and ask that citizens join in congratulating all of the recipients of the Telecommunication Awards of the Year for their unselfish dedication to their jobs as Emergency 911 administrators, technicians, dispatchers, operators, and call-takers.
Mayor Hutchison presented the Proclamation to Mr. Richard R. Reynolds, Past Chapter President, and relayed appreciation for the work of these individuals. Mr. Reynolds thanked members for the recognition.
REMARKS BY MAYOR JAMES L. HUTCHISON
City of Dover Police Department - National Accreditation
Mayor Hutchison advised members that the City of Dover Police Department recently received National Accreditation, which is a high honor and a true reflection of the outstanding leadership and hard work and effort of the men and women of the Police Department. He indicated that the process of acquiring this status began in 1988; however, national accreditation could not be achieved due to the need to expand the building of the Police Department. He stated that there are 407 standards that the Police Department has been recognized for in order to attain national accreditation.
On behalf of members of Council and citizens, Mayor Hutchison extended sincere congratulations to Chief Faulkner and all the men and women of the City of Dover Police Department for their accomplishment.
Approval of Legislation - 140th General Assembly - House Bills 373 and 375
Mayor Hutchison advised members of legislation that was recently considered by the 140th General Assembly (H.B. 373 and H.B. 375) regarding binding arbitration. Although he testified before the State Senate and House of Representatives in opposition to the legislation and relayed the City’s concerns, H.B. 373 and H.B. 375 were approved and will now be forwarded to the Governor for signing. Mayor Hutchison stated that the legislation provides for binding arbitration with regards to collective bargaining, requiring an additional step in the negotiation process, extending the length of negotiations, and involving additional costs to municipalities. Considering that the legislation was initiated due to concerns of the City of Wilmington, in making his argument before the State Senate and House of Representatives, Mayor Hutchison requested that members consider an amendment so that the legislation would only affect communities with a population of 65,000 or more. Unfortunately the proposed amendment failed, which will create an additional burden on the City of Dover and many other municipalities. Mayor Hutchison advised members that there was an amendment to the legislation that provides for a four (4) year sunset provision.
Several members relayed concerns regarding the lack of communication between members of Council and the State Legislature. Mr. Leary noted that the League of Local Governments is constantly advising municipalities of these types of issues and urged members to attend the monthly meetings in order to be kept abreast of matters.
Noting that the legislation has not been signed by the Governor, Council President Christiansen suggested that a letter be written to the Governor relaying the City’s concerns with the legislation and request that he veto the bills.
After much discussion, Mr. Truitt moved that a Resolution be adopted, to be signed by the Mayor and each member of Council, indicating the City’s opposition to the legislation and request that the Governor consider these concerns. The motion was seconded by Mr. Leary and unanimously carried.
Mayor Hutchison indicated that the legislation will now be forwarded to the Governor for his consideration and requested that the Resolution be drafted, signed, and delivered to the Governor as soon as possible.
Note by the City Clerk: The following Resolution was drafted, read, and signed by the Mayor and each member of Council, and delivered to the Governor on March 29, 2000 by the Council President (copies were also provided to the Lt. Governor and each member of the 140th General Assembly):
WHEREAS, the City of Dover recognizes the value in negotiating a collective bargaining agreement with employees; and
WHEREAS, the City of Dover has a mutual agreement with our employees for the purpose of dealing with matters of collective bargaining in order to achieve a better understanding between the employer and the employees; and
WHEREAS, the use of collective bargaining negotiations provides for the equitable adjustment and successful resolution of differences which may occur between employer and employees; and
WHEREAS, that is why the City of Dover finds it totally unconscionable and unacceptable that the State Legislature, as a body politic, through passage of House Bill 373 and House Bill 375 has chosen to once again diminish the responsibilities of Mayors and Councils in the State of Delaware; and
WHEREAS, we feel that as elected officials who have in the past and will in the future bargain in good faith with our employees, our municipality should be exempt from these pieces of legislation; and
WHEREAS, this legislation may cause undue financial hardships to many municipalities throughout the State, but more over, remove the citizens of these municipalities further from the process of controlling their respective futures through their elected officials by delegating that authority to a non-elected third party.
WE, THEREFORE, RESPECTFULLY REQUEST THAT GOVERNOR CARPER consider vetoing House Bills 373 and 375 and/or that the State Legislature of the 140th General Assembly reconsider this legislation and amend it or make it specific to any problems which may currently be occurring in the State of Delaware.
FURTHER, we feel that immediate action by the Governor and/or the Legislature will redress any undue hardship that this potential legislation may impose upon the citizens of the municipalities affected.
SIGNED AND SEALED THIS 28th DAY OF MARCH, 2000.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 13, 2000 with Councilman Leary presiding in the absence of Chairman Salters.
Proposed Ordinance Amendment - Article 5, Section 1 - Supplementary Regulations Applying to Residence Zones (Mr. Carl Moore)
During their Regular Meeting of January 24, 2000, Council considered the request of Mr. Carl Moore to allow commercial vending on residential property adjacent to Dover Downs during Nascar events. As recommended by the Legislative and Finance Committee, Council authorized staff to prepare an ordinance amendment that would provide an exemption for commercial vendors on Old Leipsic Road during Nascar events, without prejudice, to be submitted to the committee for their review and recommendation. It was requested that the Police Department be actively involved in the preparation of the amendment.
City Planner, Mr. DePrima, submitted an amendment that would have the effect of allowing commercial vending/sales operations on residential properties adjoining or in the immediate vicinity of Dover Downs International Speedway during automobile racing events. He advised members that the Planning Commission considered and recommended denial of the proposed amendment.
During the committee meeting, Mr. Michael Malkiewicz, attorney representing Mr. Moore, addressed members and explained that the residents along Old Leipsic Road are in a unique situation. These individuals own the only residential properties immediately adjacent to the Dover Downs racetrack and absorb and tolerate the intense, constant commercial activity, including foot traffic across personal property, parties until all hours of the evening, and noise created by generators and air conditioning units operating 24 hours a day. Since the residents along Old Leipsic Road do not object to commercial vending on residential properties along Old Leipsic Road during race weekends, Mr. Malkiewicz requested approval of the proposed ordinance amendment.
The committee recommended that the proposed ordinance amendment be denied, as recommended by the Planning Commission.
Mr. Leary moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried.
Proposed Ordinance Amendments - Create Rental Housing Inspection Program and Permit Fees
During their Regular Meeting of February 28, 2000, Council considered the proposed ordinance amendments that would create a rental housing inspection program and permit fees. Taking into consideration that there were several representatives of the real estate community, colleges, hotels, and other interested parties that relayed concerns regarding the proposed ordinance amendments, the matter was referred back to staff for further review, focusing on the concerns of all involved parties, for a report back to the committee within 30 days.
During the committee meeting, Mr. DePrima advised members that meetings were held with representatives of the real estate industry and rental property owners. As a result, staff presented members with changes to the original proposal for consideration. He explained that there is a slight change in the recommendation for implementation of the program. Staff still proposes to expand the current compliment of two (2) property maintenance inspectors to five (5) inspectors. The permit applications for the rental properties will be mailed out in early January 2001, rather than mid-March 2000. This will allow staff time to begin obtaining addresses of single family rentals and develop the necessary database for the mailings. Mr. DePrima stated that the fee structure would become effective January 2001 and that although there was no “sunset” provision built into the proposed ordinance amendments, it was agreed that the fee structure would be reviewed after three (3) years.
The committee recommended adoption of the proposed ordinance amendments to Chapter 10 of the Dover Code.
Mr. Leary 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).
Mr. Leary moved for acceptance of the Legislative and Finance Committee Report by consent agenda, seconded by Mrs. Malone and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 13, 2000 with Chairman Truitt presiding.
Update - Woodcrest Issues/Concerns
As a result of an article that appeared in the March 5, 2000 issue of the Delaware State News concerning student disturbances in the Woodcrest neighborhood, staff provided members an update regarding this matter.
During the committee meeting, Police Chief Faulkner advised members that there have been problems with students of Dover High School creating disturbances in the Woodcrest neighborhood for several years. The more recent concerns of residents have been of students congregating at the gate and crosswalk leading from Dover High School to the Woodcrest Development. The residents have complained that the students are disrespectful, obscene, and have become destructive. Chief Faulkner reminded members that the gate was initially installed to provide students living in the Woodcrest Development the convenience of walking to and from school. Since students are no longer permitted to smoke on school property due to state and district laws, they have been passing through the gate and congregating in the Woodcrest Development, which may have contributed to these problems.
After meeting with Mr. Robert Adams, Dover High School Principal, concerning this issue, Chief Faulkner stated that the school initiated a process whereby students living in the Woodcrest Development were identified and provided special identification buttons that permits them to pass through the gate before and after school. The gate is locked once school begins at 7:35 a.m. and is not unlocked until after school has been dismissed. Chief Faulkner reported that since this process has been in effect, the problems appear to have been alleviated.
There was no further action taken by the committee or City Council.
Mr. Truitt moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Weller and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 13, 2000 with Chairman Lambert presiding.
Evaluation of Bids - S. State Street Water Main Upgrade (Materials Only)
As per the FY-2000 Capital Investments Program, the Department of Public Works has proposed the replacement of the existing four inch (4") water main in State Street from Water Street to the YMCA with a new twelve inch (12") ductile iron pipe water main. The existing water main is located in the travel lanes of South State Street and is undersized to supply water to the central Dover area due to the growth of the City over the past 40 years. The new main will increase flow volume along South State Street and increase the fire suppression flows in the area from less than 1,000 gallons per minute to more than 1,000 gallons per minute. In addition to providing better transmission of water from central Dover to the outlying customers on South State Street, the new main will be located outside of the travel lanes and under the west side sidewalk for most of the project limits. There will be several crossings of South State Street to connect into the existing water main on the side streets. The State Department of Transportation has approved a southbound lane detour for the duration of the project. Construction of the water main will be completed by the City of Dover Construction Department.
Staff recommended awarding the bid to Dover Plumbing Supply Company in the amount of $106,477.23, based on the lowest bid received and local vendor preference.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the bid to Dover Plumbing Supply Company in the amount of $106,477.23, as recommended by the committee. The motion was seconded by Mr. Weller and carried by a unanimous roll call vote.
Bid - Groundwater Production Wells
During the committee meeting held earlier this evening, members considered a bid for the groundwater production wells. In an effort to expand the City’s water production capacity from the Cheswold Aquifer, staff solicited bids for the construction of two (2) groundwater production wells to be located within the City of Dover corporate limits. The bid package and specifications were prepared by Davis, Bowen & Friedel, Inc. The new groundwater wells will replace a well (#13) that was abandoned at the intersection of Kirkwood and Division Streets in the late 1980’s. The new wells are expected to yield a total of 600-800 gallons per minute. Both wells are necessary to regain our permitted withdrawal capacity from the Cheswold aquifer.
Staff recommended awarding the contract to American Water Well Systems in the amount of $134,112 for the construction of two (2) Cheswold groundwater production wells as detailed in the project specifications (as on file in the Public Works Department).
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the contract to American Water Well Systems in the amount of $134,112 for the construction of two (2) Cheswold groundwater production wells, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - FEBRUARY 2000
By motion of Mr. Leary, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Chief of Police Report
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
ANNUAL REPORT - POLICE DEPARTMENT
Members were provided with the 1999 Annual Report of the City of Dover Police Department for their review.
Several members commended the Chief of Police on the preparation of an outstanding report that is thorough and easy to understand, feeling that it depicts the quality of City employees.
Mr. Salters moved for acceptance of the 1999 Annual Report of the City of Dover Police Department, seconded by Mr. Carey and unanimously carried.
Referring to the excellent report and recent accreditation, Mr. Carey moved that a letter of appreciation and congratulations be sent to Chief Faulkner and the employees of the Police Department for their outstanding performance and dedicated service. The motion was seconded by Mr. Leary and unanimously carried. It was noted that the letter would be signed by the Mayor and each member of Council.
FIRST READING - PROPOSED ORDINANCES
Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary 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 10, 2000.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
► Chapter 10 - Housing Code (Title)
► Chapter 10 - Housing Code, Article I - In General, Section 10-5, Housing Code Board of Appeals
► Chapter 10 - Housing Code, Article IV - Lodging
► Chapter 10 - Housing Code, Article V - Multiple Dwellings
Mr. Weller moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:12 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 27, 2000, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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