REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 27, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Pepper.
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 Michelle White, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mr. Fenimore and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 13, 1995
The Minutes of the Regular Council Meeting of November 13, 1995 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Pitts and bore the written approval of Mayor Hutchison.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY
Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. The following results from the November 20, 1995 Robbins Hose Company Election were read into the record:
Fire Chief - Carleton Carey, Sr.
Deputy Fire Chief - Carleton Carey, Jr.
First Assistant Chief - Alan Farling
Second Assistant Chief - Robin R. Christiansen
Third Assistant Chief - Allen Jones
Fourth Assistant Chief - Dan Lott
Fire Line Captain #1 - David McKenzie
Fire Line Captain #2 - Kevin Fountain
Mr. Hare moved for acceptance of the election results, seconded by Mrs. Malone and unanimously carried with Council President Christiansen not voting.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 14, 1995 with Chairman Lambert presiding.
Middle West Service Company Report
The committee reviewed the Annual Engineering Consultant's Report for the Electric System of the City and related budget for fiscal year 1995/96 as submitted by the Middle West Service Company. In accordance with the City's Bond Resolutions, an independent engineering consultant must be retained to inspect the City's electric system and review the electric budget and insurance program.
Mr. O'Connor advised members that the report paraphrases the details of the electric system, insurance program and revenue tests related to the rates. Middle West Service Company considers the appropriation for operations, maintenance, and capital items to be appropriate. The report does not suggest any deficiencies or needed actions. According to the report, the revenues for the fiscal year 1995/96 are adequate and do not require rate changes. The age of the McKee Run Plant is a major factor and component for the rankings that were given of the systems. The City Manager noted that the report concludes that although the City's electric properties are generally in good condition, well maintained, and operated efficiently, it will be necessary for the City to continue to make extensive improvements to the McKee Run Plant. Mr. O'Connor explained that no matter how well maintained a system is, the efficiencies of an older plant will never meet the efficiencies of the plants that are being built today.
The committee recommended acceptance of the Annual Engineering Consultant's Report for 1995/96 as presented by the Middle West Service Company.
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on November 14, 1995 with Chairman Salters presiding.
Investment Policy - Format Change
Several years ago, City Council adopted an investment policy to formalize the objectives and provide the parameters of investments for all City funds. The United States Treasurer's Association has submitted a recommended format for all cities' investment policies. In reviewing the recommendations, the Finance Director/Treasurer indicated that the City's current investment policy has been revised by adding a provision that requires the Treasurer to provide copies of the monthly investment listing to Mayor and City Council and a glossary. Mr. Karia assured members that there were no changes made to the City's investment parameters.
The committee recommended adoption of the City's Investment Policy, with the format change as recommended by the United States Treasurer's Association.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
Proposed Ordinance - Keeping of Bees - Section 4-16
During previous meetings, members considered a proposed ordinance on the keeping of bees in residential neighborhoods. The Department of Agriculture requested that action on the proposed ordinance be delayed until the University of Delaware expert is back in the country and has an opportunity to participate in review of the ordinance. Since the beehive had been removed and there was no longer an immediate need for an ordinance, the City Manager requested that action be delayed on adoption of the ordinance to allow him additional time to confer with the University of Delaware's expert and ensure that the ordinance is the best possible ordinance. The matter was referred back to the City Manager to allow time for him to gather all the information needed for submission of a proposed ordinance on bee keeping.
The State Department of Agriculture submitted a letter in response to the City's proposed ordinance regarding the keeping of bees in the corporate limits of Dover. The Department of Agriculture relayed concern regarding the 150 foot setback requirement and "nuisance" language. However, the only recommended change they submitted was that the second sentence, which addresses Universities, colleges, museums and farms, be amended to require a 50 foot setback from buildings on adjacent properties rather than 150 foot setback. Mr. O'Connor noted that the proposed ordinance maintains a 150 foot setback requirement from residential, hospital, public eatery, church, office or school structures.
The committee recommended adoption of the proposed ordinance to Section 4-16 of the Dover Code that would regulate the keeping of bees in the City of Dover.
Mr. Lambert explained that although he does not object to an ordinance regulating the keeping of bees, he objects to the proposed ordinance as he feels that it is too restrictive.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and carried, with Mr. Lambert and Mr. Fenimore voting no. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Proposed Ordinance - General Employee Pension Plan - Section 2-186(b), Form of Benefits
The Civilian Pension Board considered a proposed ordinance that would amend Section 2-186(b) of the Dover Code that will establish a $100 per month minimum survivors' pension, to be effective November 1, 1995 and applied to current and future survivors of City retirees.
In accordance with Section 2-186(b) of the Dover Code, a survivor is entitled to a survivor's pension of 50% of the employee's pension. There are a few survivors of City retirees that receive a very low survivor's pension since their spouse had left the City employ several years ago. The Civilian Pension Board recommended approval of an ordinance establishing a minimum survivors' pension of $100 per month. (It was noted that ordinance amendments must be presented to the Legislative and Finance Committee for recommendation to Council for final approval; therefore, the effective date of the proposed ordinance was changed to January 1, 1996.)
The committee recommended adoption of the proposed ordinance amendment to Section 2-186(b) of the Dover Code, as recommended by the Civilian Pension Board.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Proposed Ordinance - General Employee Pension Plan - Section 2-196(f), Contributions
Members of the Civilian Pension Board considered a proposed ordinance that would amend Section 2-196(f) of the Dover Code that will allow employees who are currently enrolled in the pension option to withdraw from the plan in order to enroll in the deferred compensation plan. The irrevocable election will be made available February 1st of each year. Membership in either the retirement or deferred compensation options will remain mandatory. The Civilian Pension Board recommended adoption of the proposed amendment.
The committee recommended adoption of the proposed ordinance amendment to Section 2-196(f) of the Dover Code, as recommended by the Civilian Pension Board.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Proposed Base Wage Adjustment - Civilian Pension
The Civilian Pension Board reviewed a proposal that would provide retirees with a permanent increase in benefits for the past several months. Special consideration was given to those long time retirees that retired at a much lower salary level and have not received any benefit adjustment to keep their benefit current or near the rate of inflation. During their meeting of October 18, 1995, the Board recommended approval of a base wage adjustment, effective January 1, 1996, that will provide a permanent increase in benefits, as follows:
Eligibility
♦Must have been retired on or before June 30, 1991
♦Must have retired with unreduced benefits or been forced to retire because of disability or job elimination
♦Must currently be receiving $750 or less in benefits
Amount of Increase in Benefits
♦Current benefit of $0 to $250 per month - Increase by $3 per year of service to City
♦Current benefit of $250 to $500 per month - Increase by $2 per year of service to City
♦Current benefit of $500 to $750 per month - Increase by $1 per year of service to City
♦Surviving spouse will receive one-half (1/2) the amount that the retiree would have received
The committee recommended approval of the base wage adjustment as recommended by the Civilian Pension Board.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
Proposed Ordinance - Downtown Parking - Sections 13-70 - 13-72
Members reviewed a proposed ordinance that would address violators of the two hour, on-street parking limitation. The proposed ordinance was developed by the Police Department as a result of the Dover Parking Authority's Strategic Parking Plan. The proposed ordinance prohibits a vehicle to be parked in any two hour parking space in the downtown business district. This will discourage employees from parking in the on-street parking spaces and moving their cars to a different space every two hours, which will free on-street parking spaces to accommodate shoppers or visitors of downtown businesses. The Dover Parking Authority is currently in the process of obtaining additional parking lots/spaces to accommodate those violators of the two hour parking limitation. Upon adoption of the ordinance, it will be necessary to provide information to the public regarding this matter; therefore, it was requested that the proposed ordinance become effective January 1996.
The committee recommended approval of the proposed ordinance amendment to Sections 13-70 - 13-72 of the Dover Code.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Review of City Code - Chapters 11-13
As directed by Council, the Legislative and Finance Committee was charged with review and update of the City Code for possible additions, deletions or amendments. The following proposed amendments were reviewed:
Section 13-1 - Abandonment Prohibited (Definition of Abandoned Vehicle) - The Police Department requested that the definition of Abandoned Vehicle be amended by deleting any reference to private property and by increasing the period of time from 24 hours to five (5) days that a vehicle may be parked on a public street before the vehicle is determined to be abandoned. It was noted that private property regulations are contained within the City of Dover Zoning Code.
The committee recommended approval of the proposed ordinance amending Section 13-1, as recommended by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Section 13-7 - Notification of Funeral Processions Required - The amendment to Section 13-7 was submitted by the Police Department to eliminate "last minute" requests from funeral directors for assistance with funeral processions from the Police Department.
The committee recommended approval of the proposed ordinance amending Section 13-7, as recommended by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Section 13-30-2 - Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking - The Police Department submitted the proposed amendment in order to limit the parking of various types of vehicles, trailers, boats, etc. on City streets and will limit the parking of vehicles with a carrying capacity of more than one ton.
The committee recommended approval of the proposed ordinance amending Section 13-30-2, as recommended by staff.
Mr. Hare commented that several citizens have voiced concern with the two hour limitation and explained that the two hour limitation is already a part of the present ordinance. Also, any citizen that has a legitimate reason to exceed the two hour limitation can contact the City Police Department to request that the two hour limit be extended.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Section 13-36 - Abandonment Prohibited - The Police Department requested an amendment to Section 13-36 that would restrict the period of time a vehicle may be parked on any public street. This will give the Police Department the authority to control the parking of abandoned vehicles on public streets.
The committee recommended approval of the proposed ordinance amending Section 13-36, as recommended by City staff.
Mr. Lambert requested that a sentence be added to the ordinance to provide for some attempt of notification prior to towing of an abandoned vehicle. It was agreed that this sentence will be added prior to the final reading of the ordinance.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Proposed Amendment to Zoning Code - Article 6, Section 1.1 - Permitted Accessory Parking
The City Planner requested an amendment to Article 6, Section 1.1 of the Zoning Code to increase the carrying capacity from three-quarter-ton to one ton for vehicles parked in any residential zone. This regulation will coincide with regulations that limit the parking of vehicles with a carrying capacity of more than one ton on public streets and eliminates the need for it to be parked in a garage.
The committee recommended approval of the proposed ordinance amendment to Article 6, Section 1.1 of the Zoning Code, as recommended by staff. (Since this is an amendment to the Zoning Code, a public hearing is required. It was recommended that the public hearing be held during the second reading of the proposed ordinance on January 8, 1996).
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on November 14, 1995 with Chairman Hare presiding.
Update of Safety Sub-Committee and Proposed Survey
During the Safety Sub-Committee meeting of October 23, 1995, members considered the concept of a study being performed by Delaware State University to ascertain information from the people living and loitering in the target area. Rather than the committee determining what the people want who live in the downtown area, members felt that information should be ascertained from those residents regarding their perceptions of social problems of the area and provide possible suggestions for ameliorating the problems and improving conditions. Feeling that such a study may be beneficial in the committee's attempt to resolve problems in the target area, members supported the concept of the study and suggested that a proposal be submitted to the Safety Advisory Committee for their review and recommendation to City Council.
Members were provided with a proposal, submitted by Dr. Kofi Blay, Delaware State University, to conduct a survey of residents in the target area at a cost of $4,775. The survey will consist of interviews of at least one resident in each household in the target area and randomly selected residents of adjoining areas. Two trained interviewers will administer the survey questionnaire. It was proposed that planning of the study would begin in November and that the actual survey would begin in December and end in February. Data analysis will be made in February and March, with a report delivered to City Council in April.
Relaying concern with the proposal, Council President Christiansen reminded members that numerous community meetings have been held regarding the problems in this area. It was his feeling that the survey will not provide any additional information than what has been received already by the community. Rather than spending $4,775, he suggested that members utilize their own observations as well as those that have constant contact with the residents of the area, such as: Police officers; City Inspector, Mr. Jerome Cooper; and Community Development Director, Ms. Audrey Daniels. Council President Christiansen felt that the residents that would participate in the survey would be those same individuals that have participated in the community meetings and that no additional information would be ascertained by conducting the survey.
Responding to Council President Christiansen, Mr. Hare stated that the residents and community leaders of the target area are the individuals that suggested a survey.
Mr. Pitts stated his feelings that Section 8 Housing and the homeless are the main problems, explaining that there are more homeless people in the area than there are homeowners. Until this matter is addressed and solved, any action taken in the area will only calm the situation down for a short period of time. It was his fear that the results of the proposed survey will not provide the answers to the problems of the area.
Mr. Fenimore alluded to the planning workshops currently being conducted by the Planning Department and suggested that a similar workshop be held with only those residents of the target area.
Mr. DePrima advised members that when the Central Dover Planning Workshop was held, there were no residents from the area targeted for review by the sub-committee in attendance. He agreed to schedule another planning workshop just for those residents of the target area, if members of Council will assist in getting people from the target area to attend the workshop. Unlike the community meetings held by members of Council in the past, Mr. DePrima felt that the planning workshop would be successful since it brings organized structure to the meetings and, thus, reduces the chance of it turning into a gripe session. He suggested that members postpone consideration of the proposed survey at this time; however, if the planning workshop is unsuccessful, he suggested that the cost for the proposed survey be further discussed with Dr. Blay.
After discussing the matter at length, it was the consensus of members that the proposed survey be delayed to allow staff to conduct a Planning Workshop for the target area, with Council's assistance in getting residents to attend.
Utilizing the consent agenda format, Mr. Hare moved that the proposed survey be delayed to allow staff to conduct a Planning Workshop for the target area, and that Council assist in getting residents to attend the workshop to provide input to the committee. The motion was seconded by Mrs. Malone and unanimously carried.
Status - S.R. #1/Route #8 Interchange (Mr. Lambert)
Mr. Lambert referred to a letter received from Mr. Richard Ornauer, Chairman of the Public Advisory Committee to the Dover/Kent County Metropolitan Planning Organization (MPO), regarding the City's position on an interchange between S.R. #1 and Route #8 and requested that members discuss this matter. Mr. Lambert reminded members that on July 12, 1993, the City went on record as opposing a Route #8 interchange with S.R.#1, other than the emergency access already planned and that a letter was sent to DelDOT relaying this opposition. On October 25, 1994, the Mayor, as Chairperson of the MPO, addressed the Safety Advisory Committee and requested that the committee reconsider their opposition to this intersection. The committee elected not to take any action at that time until they were given the opportunity to review the Greater Dover Transportation Study, for fear of the negative impact an interchange may have on local residents living along Route #8. On December 1, 1994, the Mayor wrote a letter to Governor Carper where he voiced his personal feelings in support of a Route #8 interchange with S.R. #1. The City recently received a letter from the Chairman of the MPO Public Advisory Committee indicating that DelDOT is actively exploring the Route #8 interchange project, based on the City's request. It was Mr. Lambert's feeling that when the Mayor expressed his support in his December 1, 1994 letter to the Governor, it was viewed by DelDOT as a change in the City's previous position. Based on this misunderstanding, Mr. Lambert suggested that the City go on record reaffirming their opposition to a Route #8 interchange with S.R. #1.
Mr. Lambert suggested that City Council submit a request to DelDOT that no serious planning action be taken until the City has received a recommendation from the MPO regarding the Greater Dover Transportation Study.
Mr. Hare relayed concern with the length of time it is taking for completion of the Greater Dover Transportation Study, noting that approximately one year ago, the City was advised that a preliminary plan of the Greater Dover Transportation Study being performed by DelDOT should be complete in the Spring of 1995.
The committee recommended that the Chairman of the Safety Advisory Committee and Council President submit a letter to DelDOT (Secretary Canby), requesting that a presentation on the status of the Greater Dover Transportation Study be given to the Safety Advisory Committee during their meeting of December 12, 1995.
Utilizing the consent agenda format, Mr. Hare moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mrs. Malone and unanimously carried.
COMMUNICATIONS COMMITTEE REPORT
The Communications Committee reviewed Federal Communication (FCC) Form 1210 filed by Comcast Cablevision of Delmarva, Inc. during its meeting of November 16, 1995. This form includes a FCC permitted inflation adjustment factor of 1.0296. The Committee recommended acceptance of Form 1210 filed by Comcast.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a roll call vote of eight (8) yes, one (1) abstention (Mrs. Malone).
MONTHLY REPORTS - OCTOBER 1995
By motion of Mr. Fenimore, seconded by Mrs. Malone, the following monthly reports were accepted:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Referring to the City Manager's Report, Mr. Lambert stated that Council previously agreed that the fuel adjustment level fell below $3 million. It is noted that the fuel balance is now at $2.4 million. Mr. Lambert asked the City Manger if he is comfortable with the current balance. Mr. O'Connor stated that he is comfortable with the balance and hopes to hold off on any action until the first quarter of 1996. He stated that we are currently in a stable period but if that changes, he will notify Council immediately.
Mr. Salters moved for approval of the City Manager's Report for the month of October, seconded by Mrs. Malone and unanimously carried.
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 December 11, 1995.
Mr. Leary moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Fenimore and unanimously carried:
A. Sec. 4-16 - Keeping of Bees
B. Sec. 2-186(b) - Form of Benefits
C. Sec. 2-196(f) - Contributions
D. Sections 13-70 and 13-72 - Downtown Parking
E. Sec. 13-1 - Abandonment Prohibited (Definition of Abandoned Vehicle)
F. Sec. 13-7 - Notification of Funeral Processions Required
G. Sec. 13-30-2 - Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
H. Sec. 13-36 - Abandonment Prohibited
FIRST READING - PROPOSED ORDINANCE (ZONING CODE AMENDMENT)
Mrs. Malone moved to waive the reading of the proposed zoning text amendment before Council, seconded by Mr. Lambert and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since this is an amendment to the Zoning Code, a public hearing will be held on January 8, 1996 and the second reading and final action by Council will take place at that time.
Mrs. Malone moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Lambert and unanimously carried:
A. Proposed Amendment to Zoning Code - Art. 6, Sec. 1.1 - Permitted Accessory Parking
Mrs. Malone moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:00 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 27, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB