REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 14, 1996 at 7:30 p.m., with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Fenimore, Mr. Salters and Mr. Hare. Mrs. Malone was absent.
Council staff members present were Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, 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 Reverend Howell Wilkins, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Fenimore moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1996
The Minutes of the Regular Council Meeting of September 23, 1996 were unanimously approved by motion of Mr. Hare, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROCLAMATION - DOVER BUSINESS WOMEN'S WEEK
The Assistant City Clerk read into the record the following Proclamation:
WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and
WHEREAS, working women constitute 43 million of the nation's work force; and
WHEREAS, the major goals of business and professional women are to help create better conditions for business women through the study of social, educational, economic and political problems; to help them be of greater service to their communities, their states and their nation; and to further friendships with women throughout the world; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 21 - 25, 1996 as DOVER BUSINESS WOMEN'S WEEK in conjunction with National Business Women's Week, sponsored by the National Federation of Business and Professional Woman's Clubs, Inc., and urge all citizens, civic and fraternal groups, all educational associates, all news media and other community organizations to join in this salute to working women by encouraging and promoting the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes.
Mayor Hutchison presented the proclamation to Ms. Becky Moreno, President of Dover Business and Professional Women, and Ms. Helen McCusker, President Elect and Woman of the Year. Ms. Moreno thanked the Mayor and Members of City Council for their support and recognition of all business and professional women in Dover.
PROCLAMATION - WORLD POPULATION AWARENESS WEEK
The Assistant City Clerk read into the record the following Proclamation:
WHEREAS, more than half of the world's population will live in urban agglomerations by the turn of the century; and
WHEREAS, within the first quarter of the 21st Century urban population alone will grow by 93 million per year, the equivalent of all annual population growth in the world today; and
WHEREAS, the unprecedented burgeoning of cities provides opportunities, but also portends enormous risks that could intensify poverty, pollution, disease, social disintegration, violence and human misery; and
WHEREAS, urban poverty is already as high as 60 percent in some metropolitan areas; more than one-third of the urban population have substandard housing; 40 percent lack access to safe drinking water or adequate sanitation; and
WHEREAS, in all regions of the world -- north and south, rich and poor -- rapid urbanization has spawned a number of common problems, including unemployment, a shortage of adequate housing, traffic congestion, declining infrastructure, and lack of funds to provide for basic services; and
WHEREAS, urban crises stemming from high population density and activity is expected to be among the major challenges of the 21st century.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 27, 1996 through November 2, 1996 as World Population Awareness Week and urge all citizens of this City to reflect on the consequences of rapid population growth and rapid urbanization and the vital necessity of balancing human numbers, environment and resources to improve the quality of life for the world and its people.
PROCLAMATION - CHILD HEALTH MONTH
The Assistant City Clerk read into the record the following Proclamation:
WHEREAS, every child deserves to grow up safe and healthy, free from the real or perceived threat of violence; and
WHEREAS, the United States is the most violent country in the industrialized world where young children witness much of this country's violence not on the street, but in their own homes; and
WHEREAS, children learn how to react to stress and conflict by watching others--family members, peers, teachers, television and movies teach them how to respond; and
WHEREAS, children watch an average of 23 to 28 hours of television a week and American television and movies are among the most violent in the world; and
WHEREAS, the majority of studies conclude that there is a cause-and-effect link between media violence and real-life violence and that children in violent families are at high risk for future violence; and
WHEREAS, violence is deemed one of the most preventable of the harms facing our nation's children. Preventing interpersonal violence includes helping parents and other adults learn effective, nonviolent ways to discipline children; helping school children learn how to control their anger and resolve problems peacefully; and helping young people learn to avoid violent activities and situations; and
WHEREAS, pediatricians are by definition preventive health care specialists and support healthier environments for children by advising in the areas of anger management, discipline, media violence--especially on television and in movies--family violence, peer violence, and guns in the home; and
WHEREAS, healthy children should be our nation's first priority.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the month of October 1996 as "CHILD HEALTH MONTH" and urge all who reside in this City to take responsibility for the safety and well being of all children by modeling and teaching nonviolent, problem--solving behaviors.
Dr. Julia Pillsbury accepted the proclamation, presented by Mayor Hutchison, on behalf of her associates, Dr. Grobe and Dr. Proctor, as well as the members of the Delaware Chapter of the American Academy of Pediatrics. Dr. Pillsbury thanked all City agencies and community sponsors that are supporting and participating in this year's Child Health Month. She announced that a Child Health Month Preventive Seminar will be held on Thursday, October 17th from 3:00 p.m. to 6:00 p.m., at 942 Walker Road, Dover, and invited anyone who wished to attend.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on September 23, 1996 with Chairman Salters presiding.
Special Assessment Fund - Transferring to Other Funds
The City currently has a separate fund for special assessment activities. The curbing, water, and sewer special assessment activities are recorded in the Special Assessment Fund. At the end of the year these activities are included in the General Fund and Water/Wastewater Fund. City staff is proposing that this fund be merged and the activities be recorded directly in the General and Water/Sewer Funds during the year. The money from each activity will be kept separate and there will be no change in the concept. Merging the fund will reduce one bank account, reduce the year-end work and make the deposit process a little easier.
Mr. Karia informed members that several years ago there was a considerable amount of activity taking place in the funds and the City Manager, at that time, preferred that the funds be separated. There is less activity in some of the special assessment areas now. Mr. Karia assured the committee that the Special Assessment concept will be continued and that only the separate fund will be discontinued. The City's independent auditors foresee no problems with the proposal. It was noted that the funds available to transfer total $387,989.
The committee recommended approval of the request to transfer the Special Assessment Fund into the General Fund and Water/Wastewater Fund.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Tax Exempt Status for Space Used by City of Dover - Weyandt Hall
The City of Dover currently occupies a portion of the Weyandt Hall building, located at 5 E. Reed Street, owned by the Downtown Dover Development Corporation. Each year, the DDDC applies for a property tax exemption for the square footage occupied by the City. To save time and eliminate the need for review each year by the Appeals Committee, City staff recommends that a general property tax exemption be granted to DDDC for the office space occupied by the City in the Weyandt Hall Building.
The committee recommended that the City Assessor be authorized to exempt from taxation the portion of the facility occupied by the City at the 5 East Reed Street property (which is owned by the Downtown Dover Development Corporation), stipulating that the exemption be based upon the square footage figures supplied annually by the Finance Director.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Proposed Amendment to Section 2-99 of City Code and to Policy for Sale and Disposition of Real Property
The Policy on the Sale and Disposition of Real Property was adopted by Council on May 10, 1993. Since that time, it has become apparent that some minor changes are needed. The City Clerk and City Assessor suggested a change that will allow the City more flexibility in the area of the donation of land such as the recent donation of land in the Capitol Green area. It is also suggested that Section 2-99 of the City Code be amended to add the words "and upon approval of City Council". This will formalize the procedure currently followed by the City Manager.
The committee recommended approval of the proposed amendment to Section 2-99 of the City Code and that the Sale and Disposition of Real Property Policy be adopted as revised.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Amendment to Dangerous Building Code to Include Drug Houses as Dangerous Buildings
During a meeting with Mayor Hutchison, City Council representatives and City staff, discussed ways to reverse the decline being seen in some of our neighborhoods. At that time, Mr. DePrima suggested strengthening our Dangerous Building Ordinance so that we can use it more effectively to vacate, repair or demolish dangerous buildings. In order to facilitate the changes, Mr. DePrima submitted revisions to the Dangerous Building Ordinance for the committee's review. The major changes are as follows:
1. Adds the "use of" structures for drug activity and abandoned houses to the list of what defines a "dangerous building".
2. Clarifies the City's authority to: close buildings; require closed buildings to have a Certificate of Occupancy before reopening; disconnect utilities to closed buildings; and remove personal property from closed buildings.
3. Requires the Chief of Police to provide testimony on drug activity as a part of the City Council's public hearing prior to declaring it dangerous.
4. Increases the fines for dangerous buildings to a $100 per day minimum.
The committee recommended approval of the proposed changes to the Dangerous Building Ordinance as proposed by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Review of City Ordinances Regulating Abandoned Vehicles on Private Property - (Roy Bogus)
In a letter to City Council, Mr. Roy Bogus of 229 Frear Drive, informed the committee that his neighborhood has a serious problem with cars that have either no license plates or expired plates or are disabled. He suggested that an ordinance be drafted that would prohibit vehicles from being parked in the driveway or in back yards if the tags on the vehicle have expired within three months. He also suggested that the City's meter readers be given tape recorders so they can comment on which houses have junk, vehicles, tall grass and other ordinance violations. The tapes could then be transcribed daily and sent to the appropriate department for proper action and follow up.
Mr. DePrima stated that the current City Code allows one unlicensed and unregistered vehicle on a property. The City does not allow junk cars and it is not unusual for City Inspectors to require an owner to startup and move the vehicle just to ensure that it works. He also advised members that his department is in the process of creating a "Nasty Gram" form that employees from other departments could keep with them to jot down obvious violations for referral to the Inspections Department. With regards to the concerns of weeds and grass growing under and around vehicles parked in yards, Mr. DePrima stated that if the grass is in violation of our ordinances, then the Inspectors would require that the vehicle be moved so that the grass could be cut.
Agreeing with Mr. Bogus, Mr. Hare stated that he has observed similar problems throughout other neighborhoods. Allowing dismantled vehicles to be parked in yards and driveways detracts from the appearance of the entire neighborhood. Mr. Hare stated no problem with allowing someone to work on or restore a vehicle at their home as long as it is stored within a structure when not being worked on.
Relating to the City ordinance that permits one untagged and unregistered vehicle, Mr. Bogus suggested that this ordinance be amended to permit one untagged and unregistered vehicle for a period not to exceed three months. He felt that three months is sufficient time to make necessary repairs to a vehicle in order to have it tagged. Referring to his suggestion for use of tape recorders by City personnel to record violations throughout the day, Mr. Bogus stated that it would be much more convenient for an employee to make a note on a tape recorder than to fill out a violation form for every violation seen.
Mr. DePrima reminded members that there are instances where a vehicle is parked for several months due to the absence of an owner that may be required to work away from home, such as those in the armed forces. Mr. Bogus suggested that the City offer some type of permit to those that find themselves in this kind of situation.
Mr. Lambert felt that a part of the problem is an enforcement issue and a part may be the need for the strengthening of our ordinances. However, he is somewhat reluctant to make our ordinances too stringent without having the knowledge of possible repercussions.
Referring to vehicle violations, Mr. Fenimore suggested that the requirements of the Division of Motor Vehicles be taken into consideration prior to changing our ordinances to ensure coordination between the two governmental bodies.
There was general discussion on ways to balance the rights of property owners with the need to keep our neighborhoods aesthetically pleasing. The committee recommended that the matter be referred to City staff for a recommendation on proposed solutions. In the interim, it was suggested that citizens report all known violations to the Inspections Department so that they can move on enforcement procedures as soon as possible.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mower Bids
Three mower bids were received for a 32HP diesel mower with 4-wheel drive and a 52 HP diesel mower with a 126" cut. The low bid was received from Hoober Equipment, Inc., as follows:
32 HP Mower - $21,424 52 HP Mower - $27,112 Trade-In - $3,300
Total Bid - $45,236
Noting that the low bid was considerably less than the other bids, Mr. Hare asked if the same type of equipment was quoted. Mr. O'Connor stated that all three bids met the bid specifications. In response to the committee's request, copies of the bid specifications and the submitted bids were provided to members.
The committee recommended that the bid be awarded to Hoober Equipment, Inc., in the amount of $45,236.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
COMMUNICATION COMMITTEE - BASIC CABLE SERVICE FORM 1240 AND EQUIPMENT/SERVICE CHARGE FORM 1205
Mr. Lambert reported that Comcast Cablevision of Delmarva, Inc. (Comcast) has filed FCC Form 1240, relating to the basic cable service rate and Form 1205 relating to the equipment and service charges. He stated that the forms were filed with the City on August 1, 1996 and that once the forms are filed, the City has 90 days to act. In summarizing the filings, Mr. Lambert stated that the rate for basic cable service would increase from $14.59 to $16.00 per month (9.66% increase); that the rate for expanded service would increase from $12.31 to $13.80 (12.1% increase); and that there are several adjustments, both increases and decreases, for equipment and installation charges. The proposed new rates would become effective November 1, 1996. It was noted that the City has no authority regarding the expanded service.
Mr. Lambert advised members that the Communications Committee held a public hearing on October 9, 1996 and that Mr. Tom Worley and Mr. Bryan Lynch of Comcast were present to explain the proposed increases. The increase would cover a total period of 22 months, to include a true-up adjustment for 10 months preceding November 1, 1996 and a period of 12 months following November 1, 1996. It was also noted that rate increases will be accomplished annually rather than quarterly. Mr. Lambert stated that the majority of the complaints heard during the public hearing were with regard to programming and the proposed increases. He explained that the regulatory authority granted by the FCC to the City is only for the City's franchise agreement. The City does not have the authority to regulate programming or basic rates, unless they were to exceed the maximum amount that is allow by the FCC. Any rate below this maximum is pre-approved by the FCC. The only function of the City is to ensure that the Comcast rate increase does not exceed what has already been approved by the FCC.
Mr. Lambert advised members that the State of Delaware Public Service Commission reviewed the FCC Form 1240 and FCC Form 1205 as well as the supporting documents and calculations. He assured members that the figures resulting in the increased rates flow within the FCC guidelines. Mr. Lambert stated that the current cable franchise is non-exclusive and that the City could grant the cable franchise to any other cable company that would provide the service to Dover. It was the Communications Committee's feeling that the rates could be effectively controlled through competition and that they will continuously work in this direction. The Communications Committee recommended adoption of the FCC Form 1240 and FCC Form 1205 as filed by Comcast.
Mr. Lambert moved to recommend approval of the Communications Committee's recommendation, seconded by Mr. Fenimore and carried by a roll call vote of six (6) yes, two (2) no (Mr. Truitt and Mr. Christiansen) and one (1) absent (Mrs. Malone).
Mr. Lambert stated that any complaints regarding Comcast's basic or extended rates should be directed to the City's Finance Director, Mr. Mike Karia, P.O. Box 475, Dover, Delaware 19903, which will be forwarded to the FCC.
FIRST READING - PROPOSED ORDINANCES
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Fenimore 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 October 28, 1996.
Mr. Leary moved for acknowledgement of the First Reading of the following proposed ordinances, by title only, seconded by Mr. Hare and unanimously carried:
A. SECTION 2-99, POWER TO DISPOSE OF EXCESS PROPERTY
B. SECTION 5-86, "DANGEROUS BUILDINGS" DEFINED
C. SECTION 5-87, STANDARDS FOR REPAIR, VACATION OR DEMOLITION
D. SECTION 5-88, DANGEROUS BUILDINGS DECLARED
E. SECTION 5-89, DUTIES OF BUILDING INSPECTOR
F. SECTION 5-90, HEARING BEFORE COUNCIL
G. SECTION 5-91, VIOLATIONS; PENALTY FOR DISREGARDING NOTICES OR ORDERS
H. SECTION 5-92, DUTIES OF THE CITY SOLICITOR
I. SECTION 5-93, EMERGENCY CASES
Mr. Fenimore moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:58 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 14, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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