REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 23, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, 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.
Dr. Ed Goate’ -State Funds for Homeless Shelters
Dr. Ed Goate’, President of the Board of Directors of the Shepard Place for the Homeless, addressed City Council. Dr. Goate’ stated that all Delaware shelters for the homeless have been informed that they stand to lose approximately $516,000 over the next year. Shepherd Place will lose $54,000. In previous years, the Community Services Block Grant, which comes to the State of Delaware, was distributed by the Health & Social Services Department. A portion of the funds were directed to all 17 shelters throughout the State of Delaware. A recent change by the federal government has given this responsibility to an organization entitled, The First State Community Action Agency. A decision has been made that the monies that would be distributed to homeless shelters will be controlled by three concepts: 1) The money should promote self-sufficiency; 2) It should support and prove family stability and 3) It should lead towards community revitalization. Although these are all good things, Dr. Goate’ stated that shelters for the homeless will be ta a great disadvantage to receive funds under the above criteria. He reminded Council that shelters for the homeless only provide homes for a maximum of 30 days and are basically short term relief for those in need. The First State Community Action Agency has determined that the funds cannot be used for certain expenditures, to include such things as food, heat, staff and utilities. This puts homeless shelters at an extreme disadvantage and their existence will be in great danger.
Dr. Goate’ requested that City Council join him in a campaign of support to look towards the homeless as people that are in dire need. He requested that City Council request, in writing to the Governor and elected Senators and Representatives, that they make a part of the State budget the needed funds to help sheltered people.
As a matter of record, Dr. Goate’ reported that during July 1, 1993 through June 30, 1994, Shepherd Place took in 393 people of which 205 were children. The sad part, however, is that they turned away 804 homeless people due to a shortage of space. During this same period, the State of Delaware took in 326 people monthly, but turned away 850 people each month. Shelters throughout the State, during the same period of time, took in 3,912 people of which 1,617 were children. Dr. Goate’ beseeched City Council to go on record as requesting that the State of Delaware include in its next budget and a permanent part of all future budgets, the necessary funding to take care of people less fortunate than ourselves.
City Manager, Jim O’Connor, stated that he is a member of the First State Community Action Agency as the Dover representative. He agreed that the Agency has interpreted the guidelines as requiring that the funds be used for long term benefits for those in need. Last week, however, they voted to provide $125,000 to the homeless shelters between the period of July 1 and December 31, 1995. If the Agency is funded, they have committed to consider funding for a portion of 1996. The problem being encountered by the Agency is that they have to account for the funds under the guidelines that were set by HUD. Unfortunately, short term shelters for the homeless do not fit the guidelines.
Council President Christiansen assured Dr. Goate’ that the Mayor and Council will do whatever possible to support his position.
Jeff Lord - 27 Heatherfield Way - Proposed Marsh Creek Subdivision
Mr. Jeff Lord, representing several of his neighbors, addressed Council on the proposed Marsh Creek Subdivision, to be located adjacent to their homes off of Route #8. Mr. Lord reminded Council that his community has opposed the proposed development since its inception and asked what recourse they have at this time. He stated that they feel their concerns and suggestions have been ignored. Mr. DePrima stated that Council approved the site plan. The project was originally proposed as a 24 unit townhouse development but has been scaled back to an 18 unit townhouse development. The original plan called for a looping road that is now been scaled back to a cul-de-sac. Mr. DePrima stated that many of the changes to the project were a direct result of neighbor’s concerns. Referring to Mr. Lord’s reference to a buffer zone, Mr. DePrima stated that some buffers have been built into the plan but that the need really fell away when the design of the road was changed.
Mr. Salters suggested that Mr. Lord set up an appointment with Mr. DePrima to receive additional information and attempt to resolve any further conflicts.
Tony Galla - Water Treatment Facility
Mr. Tony Galla stated that the City Manager took him on a tour of the City’s new water treatment facility. He found the plant to be a great facility and congratulated the City for their ability to plan for the future in providing the residents of Dover with the best water available.
Representatives of Muslims of America
Several representatives of Muslims of America, currently residing in Lakeland Trailer Park, addressed Council to express their concern and displeasure with the City’s Police Department. They feel that the Dover Police Department has been making “profile stops” of their fellow Muslims and that they are being treated unfairly.
Council President Christiansen suggested that they set up an appointment with Chief Smith to review all details associated with this matter in attempt to resolve the problem.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JANUARY 7, 1995
The Minutes of the Special Council Meeting of January 7, 1995 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 9, 1995
The Minutes of the Regular Council Meeting of January 9, 1995 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
RESOLUTION - SENATOR WILLIAM C. TORBERT
By motion of Mr. Hare, seconded by Mr. Salters, Council adopted the following Resolution:
WHEREAS, William C. Torbert serves as a Senator in the 16th Senatorial District, which encompasses a portion of the City of Dover, from 1981 through 1994; and
WHEREAS, over the 13 years of service to his constituents, Senator Torbert devoted his time and attention to the many important issues facing the State of Delaware and he contributed greatly to the betterment of the City of Dover and to Kent County; and
WHEREAS, Senator Torbert has been a true friend to the City of Dover and its residents, always willing to assist the Mayor and Council in any way possible, resulting in a strong, cooperative effort of the two governing bodies on behalf of the residents of the City of Dover and Kent County.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Members of Dover City Council recognize the hundreds of hours and personal sacrifice unselfishly given by Senator William C. Torbert and recognize the important role he has played in our community.
BE IT FURTHER RESOLVED that the Mayor and Council extend their best wishes to William C. Torbert in his future endeavors and wish he and his family good health and happiness in the years to come.
ADOPTED: January 23, 1995
The Resolution was presented to Senator Torbert during ceremonies held last week.
RESOLUTION - EDWARD J. BENNETT
By motion of Mr. Hare, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, Edward J. Bennett served the community well as a State Representative of the 32nd District from 1976 through 1994; and
WHEREAS, his dedicated interest and devotion to his constituents had a valuable effect on the many important issues facing the Legislature during his 18 years of public service; and
WHEREAS, Representative Bennett was always willing to assist the Mayor and Council of the City of Dover and could be depended on to represent the best interests of the citizens of Dover.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Members of Dover City Council extend their sincere appreciation to Representative Edward J. Bennett for the many years he dedicated to the betterment of Kent County and the City of Dover.
BE IT FURTHER RESOLVED that the Mayor and Council extend their best wishes to Edward J. Bennett in his future endeavors and wish he and his family good health and happiness in the years to come.
ADOPTED: January 23, 1995
The Resolution will be presented to Representative Bennett at a later date.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 9, 1995 with Chairman Lambert presiding.
Quarterly Fuel Adjustment Review
The committee reviewed the quarterly fuel adjustment which is reviewed at least quarterly. The current fuel adjustment is set at $0.00100 per KWH. The 1994 fuel adjustment was set at -$0.00255 and revised to -$0.0100 on May 1, 1994 in order to refund a surplus in the fuel adjustment fund.
The current cost for low sulfur oil is $19.78 per barrel (0.47/gallon). The price of oil has gone from a low of $14.82 a barrel in December 1993 to a high of $20.78 in February to the current price of $19.78 (20th of December). The fuel fund had a balance of $4,010,351.16 at the end of November 1994.
Current projections set the price for low sulfur oil at $18.00 a barrel or $0.429 a gallon for 1995. With this price as the basis for 1995 projections, the fuel adjustment can be set at -$0.00370.
City staff recommended that the fuel adjustment be set at -$1.11370 per KWH for all bills mailed on or after February 1, 1995. Assuming there are no major increases in oil, Mr. O’Connor felt that the rate should hold for a 12 month period and should maintain a fuel fund balance of between $1 and $2 million. Although he had no objection’s to staff’s recommendation, Mr. Tudor stated that in the event the fuel fund balance rises to the $5 million mark again, that should signal the need for immediate re-examination.
The committee recommended that the fuel adjustment be set at -$0.00370 per KWH for all bills mailed on or after February 1, 1995.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on January 9, 1995 with Chairman Hare presiding.
Police Mutual Aid Agreement - City of Dover/State of Delaware
Chief Smith requested approval of a Police Mutual Aid Agreement pursuant to the provisions of 11 Del. C. Sec. 1941, et. seq. Chief Smith explained that the Agreement would formalize the practice of utilizing police officers from other police agencies to assist the City of Dover Police in non-emergency situations. He cited examples such as the Tour duPont Race, where bicycle officers from the Town of Milford are borrowed to assist the City, and large public gatherings for special events where additional traffic control officers are needed. The Agreement mandates that each party shall indemnify and hold harmless the other party from claims from third parties. He explained that each police agency would be covered by their own insurance carriers.
Mr. Lambert stated that the Agreement refers to the need for assistance in times of emergency, and asked if the Agreement includes non-emergency situations. Chief Smith stated that violations of that nature are included with City ordinance violations. Asked by Mrs. Malone of the existence of a State law that prohibits a motorist from leaving their vehicle running, Chief Smith stated that there is such a law that prohibits an unattended vehicle. This law would only be enforced if the violation occurred on State or City maintained roadways.
Responding to Mr. Weyandt, Mr. DePrima stated that an update on the Comprehensive Plan will be a permanent part of this monthly report until the project is completed. Referring to discussions on Drug Houses, Mr. Salters highlighted information on page 3 of the Building Inspector’s Report, stating that Mr. Rodriguez has recommended no further action on an amendment to the City ordinance. A new State law was recently enacted that may eradicate the need for the City’s action and Mr. Rodriguez suggested that the City take no further action at this time.
Referring to the City Manager’s Report, Administrative Services Department, Mr. Weyandt asked if the City has a policy for dealing with returned checks. Mr. O’Connor stated that the City charges a $20 fee for returned checks and has a good record for collecting the debt. In repeat offender situations, we require cash or certified checks when necessary. Referring to rising landfill fees, Mr. Weyandt asked if the City Manager anticipates a budgetary problem in this area. Mr. O’Connor stated that although our tonnage has increased, the matter will be watched closely and necessary steps taken.
Referring to questions by Mr. Weyandt on increased expenditures by the Cable Committee, Mr. Lambert stated that they have utilized the expertise of an attorney from Washington and they have generated a much more detailed agreement. Although their costs have increased, he feels that the long term benefits will justify the costs. The proposed Agreement will be presented in the very near future.
By motion of Mr. Weyandt, seconded by Mr. Hare, the following monthly reports were accepted.
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager 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
Mr. Leary moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 8:35 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 23, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR