REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 13, 1998 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 Major Hirt, 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 Pastor Wilbur Bubb, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of item #6A, Parks and Recreation Open Space Subcommittee Report. Mr. Carey moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 23, 1998
The Minutes of the Regular Council Meeting of March 23, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL JOINT COUNCIL AND PLANNING COMMISSION MEETING OF MARCH 30, 1998
The Minutes of the Special Joint Council and Planning Commission Meeting of March 30, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PRESENTATION - RETIREMENT OF DEBRAH J. BOAMAN, CITY CLERK
Mayor Hutchison and Council President Christiansen presented Mrs. Debrah J. Boaman with a Certificate of Retirement, Dover Cup and City Plaque as a token of appreciation for her 25 years of dedicated service to the City of Dover. In addition, a City of Dover 25 year service pin was given as a gift from members of Council. Mayor Hutchison noted that Mrs. Boaman began her employment with the City of Dover as a Clerk Typist in 1973 and, due to her outstanding abilities and perseverance, was able to rise to the level of City Clerk. Members expressed their sincere congratulations and best wishes to Mrs. Boaman during her retirement.
Mrs. Boaman stated that although she looks forward to retirement, it is also difficult leaving something that has been a big part of her everyday life. She thanked Mayor Hutchison, Council President Christiansen, members of Council and past Mayors and members of Council for the support given to her during the past 25 years. She stated that she is confident that her successors will meet the high expectations of Council. Mrs. Boaman also thanked her family for their support of her goals and God for the many blessings that have been given to her and her family.
PROCLAMATION - ARBOR DAY
The Assistant City Clerk read the following proclamation into the record:
WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives and this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 1997 for the ninth consecutive year by the National Arbor Day Foundation, recognizing Dover for its outstanding urban forestry program; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community and the community's tree planting program is a living memorial to the citizens' concerns for the quality of life; and
WHEREAS, the planting and caring of trees is a very special gift that one generation gives to the next; and
WHEREAS, the City of Dover Planning Department was recognized by the Delaware Community Forestry Council for their work with the City Green G.S.I. computer software program that performs an analysis of tree resources for both energy conservation and stormwater management.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 24, 1998 as "ARBOR DAY" in the City of Dover and urge all citizens to support the efforts to plant and care for our public trees along our streets and in our parks.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
Mr. Mike Brown, State of Delaware Department of Agriculture, and Mr. Don Knox and Mr. William Cooper of the City of Dover were presented with the Proclamation by Mayor Hutchison. Mr. Brown congratulated the City of Dover for being designated Tree City USA for the 9th consecutive year.
Mrs. Malone, Chairwoman of the Parks and Recreation Committee, noted the many uses of trees and thanked staff for their outstanding work in keeping our City beautiful year round.
PROCLAMATION - DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
The Assistant City Clerk read the following proclamation into the record:
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and
WHEREAS, Jews were the primary victims - six million were murdered; Gypsies, the handicapped and Poles were also targeted for destruction or decimation for racial, ethnic or national reasons; and
WHEREAS, this year’s theme, “Children of the Holocaust: Their Memories, Our Legacy”, demonstrates the importance of teaching today’s children about this unprecedented event and reminds us all of our solemn duty to keep alive the memory of the millions who perished during the Holocaust, more than one and a half million of whom were innocent children; and
WHEREAS, we should always remember the terrible events of the Holocaust and should remain vigilant against bigotry and tyranny and continually rededicate ourselves to the principles of equality and justice for all; and
WHEREAS, the Days of Remembrance have been set aside for the people of the City of Dover to remember the inhumanity of those who perpetrated the Holocaust as well as to reflect upon our own humanity and the need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress, the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust to be Sunday, April 19, 1998 through Sunday, April 26, 1998, including the international Day of Remembrance known as Yom Hashoah on April 23, 1998.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of Sunday, April 19, 1998 through Sunday, April 26, 1998, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of the victims, the survivors and their liberators, and further proclaim that we, as citizens of the City of Dover should strive to overcome intolerance and indifference through learning and remembrance.
RESOLUTION - TELECOMMUNICATORS OF THE YEAR
By motion of Mr. Salters, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, the week of April 12, 1998 through April 18, 1998 has been set aside to honor Public Safety Telecommunicators throughout the nation; and
WHEREAS, telecommunicators, comprised of administrators, 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 Associated Public Safety Communications Officials, Inc., who serve the Delaware, Maryland and District of Columbia area is such a service organization who annually honor the outstanding “Telecommunications” 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 “Telecommunicator of the Year” awards ceremony to be held at the Dover Elks Lodge in Dover on April 16, 1998.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover join in congratulating all of the recipients of the “Telecommunicator of the Year” award for their unselfish dedication to their jobs as Emergency 911 administrators, dispatchers, operators and call-takers.
ADOPTED: April 13, 1998
Mayor Hutchison, along with Chairman of the Safety Advisory Committee, Mr. Truitt, presented the Resolution to Mr. Richard Reynolds, President of the Mid-Eastern Chapter of the Associated Public Safety Communications Officials, Inc. Mr. Reynolds thanked the City for the recognition and for participating in honoring telecommunicators.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 23, 1998 with Chairman Salters presiding.
Audit Services for Fiscal Years 1997-98 through 2001-02
The City awards independent audit services through a Request for Proposals (RFP) process every three (3) years. The current agreement ended with the June 30, 1997 audit and the Comprehensive Annual Financial Report (CAFR) publication in December 1997. A total of three (3) firms submitted proposals with all-inclusive fees, as follows:
Barbacane, Reznick, Fedder &
Audit Services for Thornton & Co. Faw Casson & Co. Silverman
Fiscal Year Wilmington, DE Dover, DE Baltimore, MD
1997-98 $ 25,000 $ 25,900 $ 54,750
1998-99 $ 25,000 $ 26,675 $ 57,500
1999-00 $ 25,000 $ 27,475 $ 60,375
2000-01 $ 25,000 $ 28,300 $ 63,400
2001-02 $ 25,000 $ 29,150 $ 66,500
TOTALS $125,000 $137,500 $302,525
During the committee meeting, the Finance Director, Mr. Karia, explained that the proposals were reviewed using various factors with emphasis on fees, accessibility and local preference. Staff recommended the appointment of Faw Casson & Co. for audit services for fiscal year 1997-98, at a fee not to exceed $25,900, and with an option for the City to renew the appointment for one year at a time for the next four (4) years at fees not to exceed the amounts provided. It was also noted that staff will negotiate the fees with Faw Casson for possible reduction.
The committee recommended that Faw Casson & Co., of Dover, Delaware, be appointed to perform the City of Dover’s audit services for fiscal year 1997-98, as recommended by staff.
As authorized by the committee, Mr. Salters advised members that staff negotiated the proposal of Faw Casson & Company and as a result of these negotiations, Faw Casson & Company has agreed to reduce their proposal in the amount of $750 per year for five (5) years.
Mr. Salters moved for approval of the committee’s recommendation with the reduction of $750 per year for five (5) years, as follows:
1997-98 $ 25,150
1998-99 $ 25,925
1999-00 $ 26,725
2000-01 $ 27,550
2001-02 $ 28,400
TOTAL $133,750
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 Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 23, 1998 with Chairman Lambert presiding.
Evaluation of Bids - Pumping Station #7 Replacement
In conjunction with the FY 1998/99 Capital Investments Plan, bids were solicited for replacement of the existing Pump Station #7 with a new pumping station to be constructed on the lands of Dover Downs, Inc., adjacent to the speedway. Staff recommended awarding the bid to the lowest bidder, Mumford & Miller Concrete, Inc., from Odessa, Delaware, in the amount of $1,251,753.50. Funding for the construction of the Pumping Station #7 will be available through the Impact Fee Reserve Fund, FY 1998 Operating Budget, and FY 1999 Proposed Operating Budget. It was noted that Dover Downs will be contributing approximately $200,000 towards this project.
During the committee meeting, Mr. O’Connor advised members that the proposed Pumping Station #7 will replace two (2) lift stations in the Dover Downs area, which includes a watershed area that extends to the Scarborough Road Extension. The pump station will manage the peak flows from Dover Downs and the constant flow from the watershed area. Mr. O’Connor assured members that there will be emergency backup power in case of power outages and that the deep well will be large enough to allow staff ample time to respond should there be an alarm. The SCADA system indicates alarms at the Electric Department as well as the Police Department.
Mr. O’Connor also indicated that during race weekends at Dover Downs, two (2) employees man the current pump station at all times to assure that the system is working at its fullest capacity. There are problems with solids, such as t-shirts, that come through the system. The proposed pump station will include a grinder that will allow this type of material to go through the system with no problems.
The committee recommended that the contract for the replacement of Pumping Station #7 be awarded to Mumford & Miller Concrete, Inc., in the amount of $1,251,753.50, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Weller and carried by a unanimous roll call vote.
Evaluation of Bids - Fiscal Year 1998 Curb Replacement Bid Contract #98-01
In conjunction with the City’s Capital Investments Plan, bids were solicited for the removal and replacement of approximately 15,000 linear feet of curb and miscellaneous concrete work on existing streets and rights-of-way scheduled for resurfacing. Funding for the project is being provided by the City of Dover and DelDOT Suburban Street Aid Agreements. Funding has been allocated for the following streets:
Jawd Drive Paul Drive Coldspring Place
Fieldstone Court Green Blade Drive Meetinghouse Lane
Maple Lane Merion Road Whitemarsh Court
Maple Dale Road West Street Pat Lynn Drive
North Queen Street Bank Lane Westview Terrace
Garfield Drive Crawford Avenue Roberta Avenue
Bids were submitted by four (4) vendors with the low bid received from Davis Concrete Company, Inc., Aberdeen, Maryland, in the amount of $443,237. Staff has met with the low bidder and contacted their project references. Staff recommended that the contract for the FY 1998 Curb Replacement Program be awarded to Davis Concrete Company, in the amount of $443,237.
The committee recommended approval of staff’s recommendation
Mr. Lambert moved to award the contract for the FY 1998 Curb Replacement Program to Davis Concrete Company, in the amount of $443,237, seconded by Mr. Weller and carried by a unanimous roll call vote.
Mr. Lambert noted that a portion of these funds were provided by our local legislators and relayed his appreciation to Representatives Wagner and Stone and Senators Still and Bonini for their support of these projects.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION OPEN SPACE SUBCOMMITTEE REPORT
Mrs. Malone reported that the Parks and Recreation Open Space Subcommittee met on April 2, 1998 and that this report is being provided for information only.
Open Space - Westminster Village
Westminster Village is a large senior housing complex located on the southeasterly corner of College and McKee Roads. The 24 acre site currently contains a nursing home, a community center, three apartment buildings for senior citizens, 60 duplex units, and a maintenance building. This complex provides a range of housing, dining and support services for senior citizens. The developers are seeking approval in accordance with the new “Planned Neighborhood Design Senior Housing Option” ordinance. The project will be required to meet age oriented recreation activities standards in accordance with the ordinance
The proposal represents a large scale expansion of the complex, with three (3) new buildings planned. A proposed “link building” of 20,000 sq. ft. will link the existing nursing home with the existing community center. The construction of a 48,854 sq. ft. assisted living facility is also planned. The third component of the plan is the construction of an 18 unit apartment building for senior citizens.
During the subcommittee meeting, Mr. Mike Dill, representing BM2OR, and Mr. Robert Kratz, Executive Director of Westminister Village, were present to explain their proposal for open space for Westminster Village. He explained that they plan the following improvements:
• Install new sidewalks and paths that lead to the private open space in the center of community
• Install a horseshoe pit
• Build a putting green
• Build a “raised” vegetable/flower garden that can also be used by persons in wheelchairs
• Install bench swings and benches around the assisted living facility
• Install picnic tables
Mr. Kratz stated that they plan to eventually have small shops such as a gift shop, small bank and a convenience store. This will provide, on a small scale, everything that their residents need without requiring them to leave the facility. This will be very helpful to those that no longer drive or find it difficult to travel.
Mr. Dill displayed a plan of the area which outlined the site, the proposed open space area and proposed park equipment. He explained that in accordance with City Code, Westminster Village is required to provide 2.26 acres for the entire development. Their proposal for open space totals 2.29 acres, which slightly exceeds the requirement.
The committee accepted the proposal for open space at Westminster Village as presented.
Lands of John Hunn Brown
The proposed subdivision consists of approximately 122 acres of land situated northeast of the intersection of U.S. Route 13 and S. Little Creek Road, and has frontage on North and South Little Creek Roads. The plan proposes a mixed use residential neighborhood containing 148 single family homes, 221 townhouses and 116 duplexes. These homes will be attractive to first time home buyers and senior citizens.
As a Planned Residential Development Neighborhood design, the developer is required to provide 25% total open space area, and approximately 3.3 acres in active open space. For the John Hunn Brown Subdivision, the 25% requirement equates to approximately 33 acres of open space. They are proposing total open space of 33.8 acres. In the active open space, they are proposing a total of approximately 10 acres, of which seven acres is located in one parcel. The large area will accommodate up to 65 children at any given time. An open pavilion, picnic tables and benches will be located throughout the parcel. A basketball court is also planned for this site. The remainder of active open space is a small tot lot, which will contain appropriate age play equipment, such as swings, sliding board, climber and play bus.
Staff explained that the developers are proposing that the open space be dedicated to the City of Dover. Typically, the open space is private and is maintained by the developer and/or homeowner’s association. However, since the parcel is very large and the City has limited public parks on the east side of Dover, staff has no objections to this park being added to our public parks, with the City assuming maintenance responsibility. Mr. Petit de Mange explained that the developers would make the initial improvements, including all park equipment, and the City would then assume maintenance.
Referring to the submitted list, Mr. O’Connor stated that “Alternate A” calls for the use of asphalt. It is his recommendation that Alternate A not be used and that concrete be used as shown in the main list of park equipment.
The committee accepted the proposal for public open space for the lands of John Hunn Brown as presented, stipulating that concrete be used and that “Alternate A” (use of asphalt) be deleted from the proposal.
INTERNET ACCEPTABLE USE POLICY (DOVER PUBLIC LIBRARY ADVISORY COMMISSION)
Members were provided with an Internet Acceptable Use Policy, as recommended by the Dover Public Library Advisory Commission, for their approval. In order for the Dover Public Library to finalize the “E-Rate” applications for the FCC, an Acceptable Use Policy must be in place and on file with the Delaware Division of Libraries. Staff noted that more than $4,000 can be saved this year through E-Rate discounts available to schools and libraries.
The Internet is a vast universe of computers located throughout the world. To access the Internet, libraries have turned to the World Wide Web, which provides a framework by which the resources of the Internet can be made available to the general public. Since the Dover Public Library is a member of KentNet, the county-wide library automation system maintained by the Kent County Department of Library Services, the library has a high-speed connection to the Internet. Using this connection, library patrons have been able to access the Internet through the Digital Library of Delaware, maintained by the Delaware Division of Libraries. Up to this time, the access has been via a text-based interface, and the Internet Acceptable Use Policy developed by the Division has served as Dover Public Library’s policy. Now, with the advent of graphical Web browsers, which will be available on Dover Public Library computers in 1998, the library must adopt its own Internet policy. The proposed policy has been developed by the directors of KentNet libraries. Each library in the consortium will adopt this policy prior to implementing a graphical user interface (GUI) for viewing the World Wide Web.
Mr. O’Connor explained that the policy is an attempt to balance the legitimate concerns we all have about Web-based pornography being displayed within the library and that of the First Amendment Rights of our users. In striking down the Communications Decency Act of 1996, the Supreme Court ruled that we cannot abridge the right of adults to access such Constitutionally-protected speech in the name of protecting children. Although filtering software is available which can block some undesirable sites, such filters are not permitted on computers which are viewed by adults. Therefore, while the proposed Acceptable Use Policy will allow the installation of filters on computers viewed by children, it will provide unfiltered access in the adult reference area.
Mr. O’Connor stated that the City Solicitor has reviewed the proposed policy and recommended amending the second paragraph on page 3 by adding the following sentence: “The Library is not responsible for any virus transported from the workstation diskette to any personal computers”.
Responding to Mr. Lambert, Mr. O’Connor stated that it is staff’s intent to advise parents of children that utilize workstations at the library of the possibility of their children viewing pornography.
Mr. Christiansen relayed his concern with approving a policy that would allow children to access pornography through the Web.
In accordance with the proposed policy, parents have the right to block all Internet privileges for their minor children. Mr. O’Connor stated that the computers are in view of anyone using the Library; therefore, prohibiting a child from using the Internet would not necessarily be assurance that they would not see pornography being viewed by another user.
Mr. Leary noted that the Internet is the newest technology with a vast array of information available. He feels that staff is attempting to aggressively handle the concerns of children having access to pornography with as much technology, observation and management skills as possible. As an example, Mr. Leary stated that prohibiting this type of access would be similar to banning books. He noted the magnificent resources available from the Internet and feels that children should not be deprived of the right to access the type of information that is available for research papers, homework, etc. Mr. Leary suggested that this matter be kept in perspective, feeling that the concern of pornography is a very small problem that is a part of a very wonderful resource.
Mr. Salters agrees that it is a user’s right to access the Internet as desired. It is his feeling that it is the family’s responsibility to explain to their children that they should not access information that is vulgar.
Mr. Lambert moved to approve the Internet Acceptable Use Policy as recommended by the Dover Public Library Advisory Commission, to include the additional sentence as recommended by the City Solicitor. The motion was seconded by Mr. Carey and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Mr. Weller moved for adjournment, seconded by Mr. Pitts and unanimously carried.
Meeting Adjourned at 8:20 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 13, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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