REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 12, 1996 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman 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.
Mr. Thomas Christian Connell of 59 S. Governors Avenue addressed members of Council relative to problems in Downtown Dover. Mr. Connell read into the record the following:
"Of mind and heart do I address this Council. A situation has developed within the City of Dover that necessitates the attention and scrutiny of both the City Council and Planning Commission members in order to effect a solution. There is an area of troubled significance within central Dover that is interconnected with the revitalization that is currently taking place with Downtown Dover's business community. At the heart of this situation is the health and safety of both the residential and business community. Last night a patron of Perk Place, which is a recent addition to the business community of downtown, was assaulted while using the public pay phone near the intersection of Loockerman and New Streets. The young woman was approached by several men who became belligerent with her and then struck her on the face before fleeing. On August 5, a cyclist was attached near the intersection of Queen and Division Streets. On July 19, a man was assaulted and robbed while walking at 11:30 p.m. on Governors Avenue, in which the assailants fled on foot.
There is a direct relationship between these crimes and the proliferation of housing stock for low income individuals found within the central Dover area. I am petitioning the members of Council and Planning Commission to develop a map which illustrates the locations of housing stock used for low and moderate income individuals within the central Dover area. Such a map will cover the streets of Loockerman, Queen, New, Governors, Division, Fulton, Reed, Mary Kirkwood and Bradford. I feel it is vital for the Council and Planning Commission to see physically now many properties in this are being used as housing stock for low income individuals, because the number of such properties within a business and historical community determines the success of that community. This project would involve Planning, Council, the Dover Housing Authority and the Delaware State Housing Authority. The benefits of this map include producing a detailed blueprint of a population in need of more assistance than a place of residence, as well as providing the foundational element for further revitalization of the community within central Dover. I appreciate your time, attention and concern in resolving this matter."
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of agenda item #4C to discuss a financing concept for the purchase of two fire trucks. Mr. Lambert requested the addition of agenda item #6A to consider approval of the Utility Committee Report.
Mr. Leary moved for approval of the agenda, seconded by Mr. Fenimore and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 22, 1996
The Minutes of the Regular Council Meeting of July 22, 1996 were unanimously approved by motion of Mr. Fenimore, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PRESENTATION - LUTHER TOWERS
Luther Towers is exempt from paying City of Dover property taxes. It is their desire, however, to participate in the costs associated with their facility. Since 1989, they have voluntarily contributed to the City a payment in lieu of taxes with the initial payment being $5,000. Since then, it has consistently grown, with this year's contribution being $20,000. Over the entire period, their total contributions have amounted to $98,500.
Council President Christiansen acknowledged that the generosity and good citizenship of Luther Towers is greatly appreciated and it is hoped that it will serve as an example of community commitment for other tax exempt organizations to follow.
In recognition of the City's appreciation, Council President Christiansen, Councilman Salters and City Assessor Lucas presented Reverend Arthur Kringel, President of Luther Towers, with a plaque containing the City Seal and expressing the appreciation of the Mayor and City Council. Council President Christiansen reminded the public that the City of Dover and its citizens are fortunate to have such an exemplary facility, dedicated to the care of senior citizens, located within our City. Reverend Kringel stated their appreciation for the wonderful services they receive from the City of Dover and assured Council that they will continue to pay as much as they can afford in order to share in the costs associated with City services.
RESOLUTION - AIMEE MICHELLE VOSHELL
Mr. Hare moved for approval of the following Resolution, seconded by Mr. Leary and unanimously carried.
WHEREAS, Miss Aimee Michelle Voshell was crowned Miss Dover on March 2, 1996, was crowned Miss Delaware on June 8, 1996 and will compete for the title of Miss America from September 10-14, 1996, in Atlantic City; and
WHEREAS, Miss Voshell is a 1996 graduate of Lake Forest High School and will be attending George Mason University where she will Major in Dance; and
WHEREAS, Miss Voshell has been dancing since the second grade at the Central Delaware Dance Academy and is a member and soloist of the Delaware Ballet and Center Stage; and
WHEREAS, Miss Voshell established "ACTS", Arts and Children Together Successfully - a program that exposes at risk, elementary students to the arts through dance, and promotes the integration of the arts in education and works towards an arts requirement for high school graduation.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover extend their congratulations to Aimee Michelle Voshell for her accomplishment in obtaining the Miss Delaware 1996 title and wish her the best of luck and success in the Miss America Pageant.
The Proclamation was presented to Aimee Michelle Voshell and her parents by Councilman Leary and Council President Christiansen. Ms. Voshell expressed her appreciation for the Proclamation and stated that she will represent our State to the best of her ability.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on July 22, 1996 with Chairman Salters presiding.
Quarterly Write-Off of Uncollectible Electric Bills
Members were provided with a list of uncollectible electric bills, in the amount of $51,090.33. It was noted that the list of bills covers two quarters, covering the period of July 1, 1994 through December 31, 1994. The list includes $4,608.23 from accounts that filed for bankruptcy. Federal law prohibits us from making attempts to collect these outstanding debts. The list consists of those accounts from July 1, 1994 through December 31, 1994 that have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in our utility customer base.
The committee recommended that Council write-off the list of uncollectible electric bills in the amount of $51,090.33.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Request for City Property - Capitol Green Housing Corporation
It was requested that a triangular piece of land, owned by the City of Dover, be deeded over to the Capitol Green Housing Corporation. The land is contiguous to property that will house a planned Community Building project. They feel that the City land would be an ideal parcel to be utilized for additional open space and playground equipment.
Mr. O'Connor informed the committee that City staff has no objections to deeding the property to Capitol Green Housing Corporation since it is an unusual and odd shaped parcel that would be difficult for the City to develop. Deeding the property over as requested would save the City the cost of maintaining the parcel. If Council wishes to approve the request, Mr. O'Connor requested that an easement be required for utility purposes.
The committee recommended that the City Manager be authorized to dispose of the property as requested by the Capitol Green Housing Corporation, stipulating that the required utility easements be maintained by the City.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Fire Trucks Purchase - Financing Concept
Robbins Hose Company would like to purchase two new fire trucks, and proposes the following financing concept:
-- Both the City and Fire Company will participate in the financing.
-- The total estimated purchase price is $625,000.
-- Assuming a 10-year plan, the payments would end in the year 2007.
-- The City currently contributes $70,000 towards the truck purchased in 1993. This truck will be paid off in the year 2001.
-- The City will continue the $70,000 appropriation from 2001 to 2007.
-- A plan that was provided to you earlier is attached.
According to the plan, the Fire Company will appropriate $28,000 per year for debt service, beginning in 1997 and ending in 2007. The debt service amount may be around $25,000 at the current interest rate. The Fire Company projects that they would be able to appropriate $15,000 annually. The staff and Fire Company representatives feel that they will be able to find some savings within the Fire Department budget to help them meet their goal.
Voicing his support for keeping the Fire Company equipment as up to date as possible, Mr. Fenimore stated that in the future we should consider looking at CDBG Funds as a revenue source for this type of community development issue.
Noting that the $70,000 appropriation was increased from $60,000 some years ago, Mr. Christiansen requested a caveat to any agreement that at some point prior to the payment of the two new trucks, that Council review the amount of the appropriation to determine if an adjustment is needed.
In light of the growth in the City and of the service received from Robbins Hose Company, Mr. Hare stated no objections to increasing the $70,000 appropriation to $85,000 to offset the expenses of equipment purchase if such an increase is warranted.
Mr. O'Connor reminded members that the purchase price is only an estimate. If the purchase costs fluctuate, then the numbers in the financing plan will change accordingly.
The committee recommended acceptance of the concept of the purchase of two fire trucks by Robbins Hose Company and to accept the concept of a financing plan as recommended by representatives of Robbins Hose Company, the City Manager and Finance Director.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Fenimore 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.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 22, 1996 with Chairman Hare presiding.
Traffic Signal - Forest Street - Pedestrian Crossing
On behalf of several residents living near the West Dover Elementary School, Councilman Salters requested consideration of the installation of a traffic control device to allow for pedestrian crossing at the school's traffic signal located on Forest Street. Although there is a crossing guard at this location before and after school, there are activities before and after school when there is no crossing guard available for the children to cross the street safely. It is felt by residents that some type of control device should be installed to allow for pedestrians to control the traffic signal for safe crossing. Since Forest Street is a State maintained roadway, Mr. Salters requested that the Safety Advisory Committee review the matter for endorsement and recommendation to the State of Delaware, Department of Transportation.
Mr. Hare noted that this portion of Forest Street is a very heavily travelled street and stated that it is difficult to cross the street safely without a crossing guard or traffic signal. He suggested that a letter to the Department of Transportation be prepared, for signature by himself and Mr. Christiansen, requesting that they review this suggestion.
The committee recommended that the City of Dover endorse the proposal for installation of a traffic control device to allow for pedestrian crossing at the traffic signal located on Forest Street in front of the West Dover Elementary School and that a letter be sent to the Department of Transportation conveying this proposal.
Utilizing the consent agenda format, Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Leary and unanimously carried.
REPORT BY CITY MANAGER - STONEY CREEK ACCESS ROADWAY
During the Council Meeting of July 22, 1996, City Council approved a motion to delay for a two week period, a decision on the request to close the access roadway between Stoney Creek Development and Dover East Townhomes, but that in the interim, the roadway be temporarily closed to ensure the safety of the residents of both developments.
Mr. O'Connor noted that in addition to the petition formerly received from residents of Stoney Creek requesting the closure of the accessway, a petition was recently received from residents of Barrister Place requesting that the accessway be reopened.
Mr. O'Connor stated that the roadway was temporarily blocked off as directed by City Council and it is his recommendation that the closure remain. He explained that the accessway was never intended to be a roadway, but instead was installed as an accessway for emergency vehicles and was intended for limited use only. Use of the accessway permits vehicles to enter the rear of a subdivision where headlights enter homes from the rear. Under the City's Subdivision Regulations, homes are prohibited from having double frontage and use of the accessway lends itself to double frontage of homes.
Mr. Salters stated that he has been contacted by Barrister Place residents who have expressed concern that the closure has made it very difficult for a Head Start bus to turn around. Mr. O'Connor stated that although it was easier for the bus to continue through Stoney Creek, it is possible for the bus to turn around at the deadend of Barrister Place where there is a small cul-de-sac.
There was some discussion about people gathering at the point where the accessway has been barricaded. Mr. O'Connor stated that this is an enforcement issue that will be handled by the City Police Department.
Noting that the barricade is not a permanent structure, Mr. Leary suggested that it be maintained for a period of time to determine its success. If Council wishes to review its action at a later date, the barricade could be easily removed.
Mr. DePrima stated that since the barricade can easily be removed, it can still provide an emergency accessway in cases where emergency vehicles need to enter either of the developments from the rear.
Since there seems to be some safety issues that residents of Barrister Place would like to discuss, Council President Christiansen requested that the Safety Advisory Committee review this matter during an upcoming meeting. No further action was taken.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 12, 1996 with Chairman Lambert presiding.
Evaluation of Bids - U.S. Route #13 Water Main Upgrade
In conjunction with the City's Capital Investment Plan, the Department of Public Works proposed the relocation and upgrading of the existing U.S. Route #13 water main from 6" D.I.P. to 16" D.I.P. Due to several site plan applications in the project area, the Public Works Department has had the opportunity to acquire easements which will reduce the cost of construction on this project. However, construction of this project may have to be further segmented to meet the construction deadlines proposed by the sites under development application. Bids were solicited to purchase approximately 1,225 l.f. of 16" ductile iron pipe and all other appurtenances to construct the water main upgrade. The following bids were received:
Utility Piping Systems, Inc. $33,683.22
Dover Plumbing Supply Co. 33,805.57
Water Pro, Inc. 33,540.27
Mr. O'Connor stated that the bid is for material only since the City's in-house construction crew will perform the work. He stated that this work is the first phase of approximately four phases in expanding the water capacity from the east side of Route #13 to the west side of Route #13, which will allow more efficient use of our Water Plant.
The bids were evaluated and it was determined that all bids met our specifications. Staff recommended that the contract be awarded to the low bidder, Water Pro, Inc. in the amount of $33,540.27. Mr. O'Connor stated that the City has a local vendor preference, so staff has no objections for approval of the higher bid since they are a local vendor.
Consistent with the local vendor preference, the committee recommended that the contract be awarded to Dover Plumbing Supply Co. in the amount of $33,805.57 for the purchase of approximately 1,225 l.f. of 16" ductile iron pipe and all other appurtenances to construct the U.S. Route #13 Water Main Upgrade Phase I.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Mr. Lambert moved for approval of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of July 22, 1996.
Mr. Hare moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article V of the City Code by adding the following new subsection:
Sec. 2-118 - Implementation and Maintenance of the City of Dover Records Management Program
The City of Dover Records Management Program shall consist of an established Policy and Procedures, as follows:
(a) Records Management Policy - A Records Management Policy shall be established and implemented by the City of Dover to ensure the safety of essential records; to provide for an archival depository for the permanent preservation of historical records; and to provide an orderly system of maintaining, retrieving and storing of records and proper and legal disposal of obsolete records. In order to establish an efficient and economic records program, it shall be the duty and responsibility of each department head to ensure compliance within their department of the City of Dover Records Management Policy. Should a department fail to comply with the Records Management Policy, the Records Manager or his designee has the authority to serve as the Records Coordinator for the department in implementing the Policy.
(b) Records Manager/Procedures - The City Clerk is hereby designated as the Records Manager for the City of Dover and is responsible for the implementation and maintenance of the City of Dover Records Management Policy. The Records Management Policy shall incorporate the minimum requirements and guidelines set forth in 29 Del. C. § 501, et seq. The Records Manager shall serve as the City's liaison with the State Bureau of Archives and Records. The Records Manager shall also serve as the coordinator of all City departments and shall develop, or assist in the development of, records management procedures specific to those departments consistent with Delaware State Law, the City Charter and the City Code.
ADOPTED: August 12, 1996
Mr. Fenimore moved to adjourn, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:05 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 12, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB