REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 12, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Salters and Mr. Hare. Mr. Fenimore was absent as he is on active military duty during the week of June 12 - 16, 1995.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, 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.
There was no one present wishing to speak during the open forum.
Councilman Hare commended Mrs. Janice Green, Assistant City Clerk, for an excellent report on a national convention of the International Institute of Municipal Clerks that she recently attended. Mr. Hare suggested that members of Council that attend National League of Cities conventions submit a similar report for the benefit of Council members that are unable to attend.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #3A (Police Station Expansion Update) and the deletion of item #8A (Appointment to the Legislative and Finance Committee). Council President Christiansen requested the addition of item #13W (Downtown Dover Business Improvement District - Cash Receipts Budget).
Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 22, 1995
The Minutes of the Regular Council Meeting of May 22, 1995 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - YEAR OF THE CELEBRATION OF THE UNITED NATIONS
The City Clerk read into the record the following Proclamation:
WHEREAS, the United Nations was founded at the end of World War II in an effort to vanquish aggression and to prevent further world wars; and
WHEREAS, in October 1995, the United Nations will celebrate the golden anniversary of its establishment--fifty years in which it has promoted peace and justice in the world, through feeding and clothing children in developing nations through UNICEF; battling such deadly diseases as AIDS and chicken pox through the World Health Organization; sending troops to keep peace in troubled areas of the world, including Cyprus, Lebanon, and Bosnia; sending nuclear weapons inspectors to Iraq, North Korea, and other nations; and keeping the peace in a variety of ways; and
WHEREAS, the United Nations helps in the fight against global narcotics traffic, scourges such as malnutrition and tuberculosis, and illiteracy and works toward the goal of a cleaner environment; and
WHEREAS, the Fiftieth Anniversary of this world body gives all Americans an opportunity to salute these efforts and to rededicate ourselves to the principles of respect for all peoples, world peace, and efforts at understanding and reconciliation among all peoples.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that this year of 1995 be known as the "YEAR OF THE CELEBRATION OF THE UNITED NATIONS" in the City of Dover and urge that the citizens use this time to renew and rededicate themselves in their own lives to realizing the principles of consensus and reconciliation upon which the United Nations was founded.
PROCLAMATION - FLAG DAY - PAUSE FOR THE PLEDGE OF ALLEGIANCE
The City Clerk read into the record the following Proclamation:
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14th of each year was designated "NATIONAL FLAG DAY"; and
WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK"; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14th; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 14, 1995, as Flag Day in the City of Dover and urge all citizens to pause at 7:00 P.M. on this date for the Sixteenth Annual National PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America.
DISTINGUISHED BUDGET PRESENTATION AWARD
The Distinguished Budget Presentation Award, from Government Finance Officers Association, was awarded to the City of Dover for fiscal year beginning July 1, 1994. The award signifies the excellent manner in which the City prepares its budget. Mayor Hutchison presented the award to Mrs. Terry Tieman, Administrative Services Director, and relayed the appreciation of City Council for the diligence and hard work of Mrs. Tieman, Mr. Karia and City staff in preparing the budget.
Mrs. Tieman stated that it is the cooperative efforts of all City employees that make the budget preparation successful and relayed her appreciation to City employees and to City Council for their continued support. She also conveyed appreciation to Mr. Karia for the time he devoted to assisting with the budget preparation.
POLICE STATION UPDATE
Questions have arisen recently on the status of the Police Station addition and renovations. The City Manager invited Mr. Greg Moore and Mr. Ernie Olds of BM2OR (architect/engineer for the project) to update members of Council on the status of the project. Mr. Moore stated that they are now prepared to move forward with the bidding process with the plans and specifications. The bid process should take about four weeks and the results of the bids will be known by July 14th. Construction should last approximately 18 months.
Mr. Olds displayed a diagram depicting the current facility, which is approximately 17,000 sq. ft., as well as the proposed addition, which is approximately 32,000 sq. ft. It is primarily a single floor facility, but does have some basement and second floor space. The basement area will be used primarily for support services, mechanicals and training spaces. The first floor is primarily the workflow of the police station and includes a sally port for the transport of prisoners and a large holding area. It also will have meeting space and patrol and training areas for the police officers. The second floor is an extension of the existing building and will house detectives, drug operations, and juveniles. The new structure will blend with the existing building and is connected by a glassed link between the two. There is a slight difference in the brick pattern but the differences will not be easily detected. The plan calls for use of the latest technology in computers, video cameras and electronic locking security. The new addition will be built first and then the staff will move into the new facility while renovations are taking place in the older building.
Mr. O'Connor stated that the members of the Public Safety Issues Implementation Study Committee have been extremely helpful and relayed his appreciation for their participation and assistance. He stated that they will participate throughout the construction as an advisory group.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED EAST OF U.S. ROUTE #13, BETWEEN S. LITTLE CREEK ROAD AND E. LOOCKERMAN STREET - JOHN HUNN BROWN
A public hearing was duly advertised for this time and place to consider rezoning of property located east of U.S. Route #13, between S. Little Creek Road and E. Loockerman Street, containing approximately 122.8+/- acres, owned by John Hunn Brown. The property is currently zoned as R-8 (One Family Residence) and the requested zoning is RM-2 (Medium Density Residence).
Council President Christiansen announced that a letter was received from the equitable owner requesting that the rezoning request be withdrawn. The request for withdrawal is the result of the City's recent development policy and the City's desire to update the Comprehensive Plan prior to further development. No further action was taken by Council.
PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution) prior to adoption of the budget. Notice of the public hearing was properly advertised.
Mr. O'Connor stated that the budget is basically a maintenance fund, with no major new projects proposed. The budget contains a transfer of $3.7 million to the General Fund.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Council action on the Electric Fund Budget will take place during the latter part of the meeting.
SPECIAL LEGISLATIVE AND FINANCE COMMITTEE MEETING
A special meeting of the Legislative and Finance Committee was held on June 7, 1995 with Acting Chairman Leary presiding.
Business Improvement District (BID) for Downtown Dover
The Legislative and Finance Committee reviewed a proposed ordinance for a business improvement district in Downtown Dover. In an effort to preserve and enhance commercial enterprise in the downtown business district. The proposed ordinance would establish a business improvement district which would permit a tax to be levied for those within the district which would provide funds for enhanced services necessary for needed improvements and for marketing and promotional activities. The proposed zones and tax amounts were set up based upon the anticipated impact of enacted programs. As an example, those properties in Zone I benefit the most since promotional activities such as parades and holiday activities have a direct impact on those within the core area.
Mr. Leary stated that Main Street held a number of public meetings and provided informational mailings to those effected by the proposed ordinance. There were several members of the community that spoke in favor of the ordinance.
The committee recommended approval of the proposed ordinance as recommended by Main Street.
Mr. Leary moved for approval of the committee's recommendation, seconded by Mr. Pitts.
Mr. Hare stated that he has no objections to the ordinance, but feels that in order to make any differences in downtown, the City must become proactive in addressing the problems being experienced. He stated that a major police presence, demolition of substandard houses, and intense code enforcement is necessary in order to make the effort successful. This subject will be addressed fully in the Committee meetings of June 13, 1995.
While discussing the lack of a sunset on the proposed ordinance, Mr. Leary stated that although he had questioned the lack of a sunset in the revised ordinance, he does not necessarily feel that a sunset is necessary. Council reviews the budget annually and could end the BID at that time, or any other time that it is felt the BID is no longer necessary or is not successful. Mr. Christiansen and Mr. Lambert felt that a sunset is a good idea, since it would automatically terminate the BID and Council action would be required to continue it. This type of action makes members of Council more aware of the tax as it is felt by many that once a tax is initiated, it is never eliminated. Mr. Salters reminded Council that monthly reports will be submitted on the BID and annual review of its budget is mandatory. This required review, along with daily contact with those paying the tax, should keep members of Council abreast of the success of the program.
On a call for the question on the motion, the motion to approve the BID ordinance was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Salters) and one (1) absent (Mr. Fenimore). (The First Reading of the ordinance will take place during the latter part of the meeting.)
LEGISLATIVE AND FINANCE COMMITTEE MEETING - COUNCIL BUDGET HEARINGS
The Legislative and Finance Committee held Council budget hearings on May 23, 1995. Members of Council reviewed the proposed budgets in detail. The proposed budgets contain no proposed tax increase and no utility rate increases. Acceptance of the proposed 1995/96 budget was recommended and budget hearings scheduled for May 24 and 25, 1995 were cancelled.
Mr. Salters moved for approval of the recommendation to accept the proposed 1995/96 budget, seconded by Mr. Leary and unanimously carried. (The First Reading of the budget ordinances will take place during the latter part of the meeting.)
APPOINTMENTS OF CIVILIAN MEMBERS
Council President Christiansen presented the following appointments for civilian committee members: (It is noted that the appointment to the Legislative and Finance Committee was deleted from the agenda and will be handled at a later date.)
Utility Committee Safety Advisory Committee
Carleton E. Carey, Sr. Robert A. Coleman
Parks and Recreation Committee Communications Committee
Joan Medland Denney Irving S. Levitt
Kathleen S. Maxted Charles A. Weller
Mr. Hare moved for approval of the proposed appointments, seconded by Mr. Leary and unanimously carried.
APPOINTMENTS - PLANNING COMMISSION
Mayor Hutchison submitted the following three re-appointments to the Planning Commission. The term of the appointments will expire in June 1998.
Fourth District - Clarence Wallace Hicks
Fourth District - Ann Baker Horsey
At-Large - John Friedman
Mr. Leary moved for approval of the proposed appointments, seconded by Mr. Salters and unanimously carried.
PROPERTY ASSESSMENT APPEALS COMMITTEE REPORT
The Property Assessment Appeals Committee met on May 25, 1995 from 12:30 p.m. to 4:30 p.m. with Chairman Hare presiding. Members present were Mr. Salters and Mr. Lambert. Formal property assessments were reviewed and the Committee made the following recommendations:
Ken-Crest Housing
Value Appealed
Property Owner/Address Appealed Appraised Assessed
Ken-Crest Housing 129,800 77,900
1180 Walker Road
The committee recommended denial of the assessment appeal. Mr. Hare explained that the owners were unable to provide the financial information requested by the Appeals Committee. The owners were told that if the requested information was submitted prior to Council action, then the Appeals Committee would reconsider their recommendation. However, to date, additional information has not been received.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the committee's recommendation to deny assessment appeal of Ken-Crest Housing. The motion was seconded by Mr. Lambert and unanimously carried.
Luther Towers
Value Appealed
Property Owner/Address Appealed Appraised Assessed
Luther Towers 34,700 20,800
442 Kings Highway
The property was purchased by Luther Towers for use as a parking lot. Luther Towers meets the legal requirements for tax exempt status. The committee recommended that the property be granted exemption.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the committee's recommendation to grant exempt status to property located at 442 Kings Highway, owned by Luther Towers. The motion was seconded by Mr. Leary and unanimously carried.
Community Legal Aid
Value Appealed
Property Owner/Address Appealed Appraised Assessed
Community Legal Aid 442,000 254,400
Community Legal Aid meets the legal requirements for tax exempt status. The committee recommended that the property located at 840 Walker Road, owned by Community Legal Aid, be granted tax exempt status.
Council President Christiansen declared the hearing open.
Mr. Christopher White, managing attorney of Community Legal Aid in Dover, requested that Council approve the committee's recommendation for tax exemption and relayed his appreciation to the committee for their favorable recommendation. Mr. White stated that Community Legal Aid provides free legal services to (1) low income individuals, (2) individuals with disabilities, and (3) to senior citizens.
Council President Christiansen declared the hearing closed.
Mr. Hare moved for approval of the committee's recommendation that the property located at 840 Walker Road, owned by Community Legal Aid, be granted tax exempt status. The motion was seconded by Mr. Leary and unanimously carried.
Bay Court Plaza
Value Appealed
Property Owner/Address Appealed Appraised Assessed
SOHO Mgmt. - WSFS 4,312,000 2,587,200
Bay Court Plaza
Bay Court Plaza is going into bankruptcy and will be taken over by WSFS. Based upon information received, the committee recommended a 75% reduction for June 1995, with an appraised value of $2,749,000 and assessed value of $1,649,400 and a 25% reduction for June 1996 for an appraised value of $2,228,000 and an assessed value of $1,336,800. In the event there is a turn-around at Bay Court Plaza, the matter will be reconsidered.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Lambert
and carried with Mr. Christiansen voting no.
DDDC
Value Appealed
Property Owner/Address Appealed Appraised Assessed
DDDC 677,100 406,300
5 E. Reed Street
The committee recommended approval of an exemption of 38.09% which is the percentage of the building occupied by the City of Dover. This lowers the appraised value to $952,700 and the assessed value to $571,600.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Lambert and unanimously carried.
Blue Hen Mall
Update on Previous Appeal Value before Appeals of 1993/94
Blue Hen Corporate Center $13,276,100
Blue Hen Mall Value after Appeals of 1993/94
$ 7,364,100
Current Value
$15,876,600
Mr. Hare noted that the above is an informational report to Council and that no Council action is needed.
Mr. Hare moved for acceptance of the Property Assessment Appeals Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SETTING OF PROPERTY TAX RATE
The tax rate for the 1994/95 property tax billing was sixty eight and one half cents ($ .685) per one hundred dollars of assessed valuation. The proposed budget maintains the same rate for the upcoming tax billing.
Mr. Lambert moved that the property tax rate remain at sixty eight and one half cents ($ .685) per one hundred dollars ($100) of assessed valuation for the upcoming 1995/96 property tax billing. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE
Mr. Leary moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Hare 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. Final action by Council on the proposed ordinance will take place during the Council Meeting of June 26, 1995.
Mr. Leary moved for acknowledgement of the first reading of the following proposed ordinance, by title only, seconded by Mr. Hare and unanimously carried:
APPENDIX D - DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
FIRST READING - PROPOSED ORDINANCES
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of June 26, 1995. (It is noted that changes may be made to the budget prior to June 26, 1995. All changes will be made to the ordinances prior to their final reading.)
Mr. Salters moved for acknowledgement of the first reading of the following proposed budget ordinances, by title only, seconded by Mr. Leary and unanimously carried.
Revised 1994/95 - Proposed 1995/96
A. General Fund, Cash Receipts and Budget
B. Contingency Fund, Cash Receipts/Revenue and Budget
C. Water/Wastewater Fund, Revenue and Budget
D. Water/Wastewater Contingency Fund, Cash Receipts/Revenue and Budget
E. Water Improvement/Extension Fund, Cash Receipts/Revenue and Budget
F. Wastewater Improvement/Extension Fund, Cash Receipts/Revenue and Budget
G. Electric Revenue Fund, Revenue and Budget
H. Electric Revenue Fund, Fuel Related Items, Cash Receipts/Revenue and Budget
I. Electric Utility, Improvement and Extension Fund, Cash Receipts/Revenue and Budget
J. Electric Utility Depreciation Reserve, Source and Use of Funds
K. Electric Utility Insurance Stabilization Fund, Source and Use of Funds
L. Electric Utility Future Capacity (Restricted) Fund, Source and Use of Funds
M. Municipal Street Aid Fund, Cash Receipts/Revenue and Budget
N. Police Grant Fund, Cash Receipts/Revenue and Budget
O. Park Escrow Fund, Cash Receipts/Revenue and Budget
P. Library Grants Fund, Cash Receipts/Revenue and Budget
Q. Library Endowment Fund, Cash Receipts/Revenue and Budget
R. Community Development Fund, Cash Receipts/Revenue and Budget
S. Delaware Community Clusters Against Substance Abuse Project,
Cash Receipts/Revenue and Budget
T. Health Insurance Fund, Cash Receipts/Revenue and Budget
U. Workers Compensation Fund, Cash Receipts/Revenue and Budget
V. Intergovernmental Service Fund, Cash Receipts/Revenue and Budget
W. Downtown Dover Business Improvement District, Cash Receipts Budget
Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:25 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 12, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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