REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 22, 2003 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Ms. Melson, Chief Bashista, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.
Note: Due to time constraints, time was allotted during the Open Forum to afford citizens an opportunity to speak regarding the Hospitality and Civic Function Policy considered during the Legislative and Finance Committee Meeting.
Ms. Linda Graham, General Manager of the Sheraton Hotel and Conference Center, indicated she has served as the President of Kent County Tourism and the Delaware Hotel/Motel Association, and is currently President and Chairperson of the Delaware Tourism Alliance. She informed members that Dover serves as “host” City approximately once a month for many conventions. Those conventions bring visitors to our City, which results in revenues. She indicated that Mayor Hutchison has been a key factor in securing many of these conventions. She also agreed that guidelines are necessary; however, to get the job done, the Office of the Mayor needs leeway.
Mr. Frank Fantini, 7 Pewter Court, stated that, he too, understood the need for a policy to regulate expenditures; however, he requested that, upon adoption of the Hospitality and Civic Function Policy, Council not constrict or demean the Mayor of the City of Dover and his ability to do his job. He felt that the guidelines in the proposed policy too restrictive. Mr. Fantini, noting that $8M was raised for the Schwartz Center for the Arts, stated that he strongly believes that it would not have been possible if he had to abide by the proposed Hospitality and Civic Function Policy. He stated that whomever should hold the Office of the Mayor should have the authority and the maturity to practice good discretion. He felt that Council did not have the right to impose such restrictions and stated that the Mayor is elected by the citizens of Dover. He believes that when rules are set up to cover every circumstance, it leads to a bureaucratic response.
Mr. James Flood, 89 Laurel Drive, reiterated that guidelines, along with accountability, were necessary; however, he felt that the proposed policy was cumbersome. Attempting to determine if 60% of a meeting was directly related to City business, he felt, could be very argumentative. He believes a good policy would include enough flexibility so that all employees representing the City could conduct their business in a friendly and hospitable way. He indicated that the proposed policy was an inhospitable way of providing hospitality.
Mr. Philip Troxler, 24 Gristmill Drive, stated that last July he submitted a Resolution to City Council regarding the Patriot Act and requested an update on the status of the Resolution. Council President McGlumphy stated that no action had been taken on the Resolution.
Mr. Vincent Sertile, as a member of the Green Party of Delaware representing the views of Green Party and Independent voters in the City of Dover, requested Council members to adopt Mr. Troxler’s Patriot Act Resolution. He stated that there are cities and towns throughout the country, including Wilmington City Council, that were seriously considering similar Resolutions because of the serious abuse of power that the Patriot Act represents.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy requested the addition of item #13-D, Update on Storm Activity. Mr. Ritter requested the postponement of item #5, Comptroller/Auditor Review - Mayor's Budget, until the next Council meeting.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 8, 2003
The Minutes of the Regular Council Meeting of September 8, 2003 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following proclamation into the record:
WHEREAS, public safety is a top priority in the City of Dover and the Robbins Hose Company No. 1, serving as the City of Dover’s volunteer fire department, is dedicated to the protection of life and property from the devastating effects of fire; and
WHEREAS, cooking, heating, and electrical fires represent three of the nation’s leading causes of home fires and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and
WHEREAS, residents of the City of Dover must take action to prevent fires and protect themselves if fire strikes - awareness of simple safety practices can help lower our local fire death and injury rates; and
WHEREAS, proper installation, testing, and maintenance of smoke alarms are part of a thorough home fire escape plan, and developing a home fire escape plan, with two ways out of each room and an outside meeting place, and practicing it twice a year with every member of the household are critical to escaping a fire safely; and
WHEREAS, the Fire Prevention Week 2003 theme, “When Fire Strikes: Get Out! Stay Out!” is an important reminder for all citizens of the City of Dover.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of October 5 - 11, 2003 as FIRE PREVENTION WEEK, and call upon the citizens of the City of Dover to remember the Fire Prevention Week 2003 caution, “When Fire Strikes: Get Out! Stay Out!” and urge all citizens to heed the advice to install smoke alarms and plan and practice fire drills.
Mayor Hutchison presented Chief Bashista with the proclamation and, on behalf of the citizens of Dover, thanked him and the volunteer firefighters for the work that they do. Mayor Hutchison also praised the Robbins Hose Company for doing an outstanding job during the recent hurricane.
PROCLAMATION - ROBBINS HOSE COMPANY NO. 1 VOLUNTEER APPRECIATION DAY
The City Clerk read the following proclamation into the record:
WHEREAS, the Robbins Hose Company No. 1 is recognized and designated as the fire company of the City of Dover; and
WHEREAS, the firefighters of the Robbins Hose Company No. 1 serve as volunteers and are ready to respond on short notice to help fellow citizens in need; and
WHEREAS, the City of Dover volunteer firefighters protect our lives, our families, and the economic life of our community from the threat of destructive fire, often at great personal sacrifice; and
WHEREAS, the City of Dover values these trained and organized volunteers, our neighbors, and recognize the excellent service provided to our citizens, as well as their dedication, participation, and support; and
WHEREAS, volunteers of the Robbins Hose Company No. 1 possess such dedication, and as a result of the effective work of this organization, homeowners and merchants are privileged to live in a community that is provided the utmost fire protection as well as the lowest available fire insurance rates.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim, Monday, October 6, 2003 as ROBBINS HOSE COMPANY NO. 1 VOLUNTEER APPRECIATION DAY, in recognition of the dedication and hard work that is put forth by the volunteers to protect the citizens and property of the City of Dover and ask the citizens to participate in this event by taking a moment to thank a volunteer firefighter for their dedication and commitment to our community.
Mr. McGlumphy reminded Council members that a presentation would be made on October 6, 2003 at 7:00 p.m. at the Robbins Hose Fire Company and that all members were invited to attend.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 870 FORREST STREET, OWNED BY BENNIE SMITH
Due to improper public notice by the applicant, the public hearing before City Council regarding the rezoning was held during their Regular Meeting of September 8, 2003, with action being deferred until the Planning Commission had an opportunity to consider the application.
Planner's Review
Ms. Melson, Interim City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). The Planning Commission recommended that the request for rezoning be approved.
Public Hearing
Council President McGlumphy declared the hearing open. There being no one present wishing to speak, Council President McGlumphy declared the hearing closed.
Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Speed and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of July 28, 2003.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 870 FORREST STREET
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 (General Residence Zone) and COZ-1 (Corridor Overlay Zone) to C-PO (Commercial/Professional Office Zone) and COZ-1 (Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RG-1(General Residence Zone) and COZ-1 (Corridor Overlay Zone) to C-PO (Commercial/Professional Office Zone) and COZ-1 (Corridor Overlay Zone) on that property located at 870 Forrest Street, total lot area containing 32,532 square feet, owned by Bennie Smith.
ADOPTED: SEPTEMBER 22, 2003
PUBLIC HEARING - THE DOVER PLAN: 2003 COMPREHENSIVE PLAN UPDATE
Ms. Melson presented the draft Dover Plan: 2003 Comprehensive Plan Update (as on file in the Office of the City Clerk) and outlined the review process that the draft has undergone to arrive at this stage. She noted that the Planning Commission, at their meeting of September 16, 2003, voted to adopt the draft which was issued in July 2003, with the revisions identified in the Dover Plan Amendments Table (Exhibit #2).
Ms. Melson acknowledged and thanked the many people who participated in updating the plan.
Mr. Ruane, referring to the “Status” section on page 153 in Chapter 12 of the Plan, stated that the paragraph should be amended to include the bold text as follows:
It is recognized that this policy shall be in effect until such time as a policy be developed . . .
Ms. Melson noted that the Annexation Plan Study analysis could be presented to Council with a recommendation for adoption as an amendment to the Comprehensive Plan Update once staff, the Planning Commission, and the State Agencies have reviewed it. Mr. Ruane clarified that the Annexation chapter should now be viewed as a temporary guideline until such time as they have the completed study. Ms. Melson responded that the current Annexation Plan chapter meets the requirements for State certification and the work that is being done by the consultant exceeds the requirements.
Referring to Chapter 14 - Implementation, Mr. Ruane asked if the list of actions still to be implemented was meant to be comprehensive. Ms. Melson stated that Chapter 14 provides a guideline for some of the implementation recommendations for the larger “study” items that are found throughout the document.
Responding to Mr. Ruane, Ms. Melson stated that the Mixed-Use Traditional Development zone that initially will apply to Eden Hill Farm, has been identified as a future study item that requires additional research by staff and other groups. She noted that the item would be brought forth for consideration as an amendment.
Mr. Speed stated that he was unable to review all of the material related to the Comprehensive Plan Update due to his work schedule. He also noted that he had forwarded a number of questions and comments to Ms. Melson and, although he received those answers in his packet, he did not have an opportunity to go through them and discuss them with staff. Mr. Speed requested that the vote on the Comprehensive Plan Update be deferred until the next meeting. He noted that the purpose of the document was to guide the City through the next five (5) years and, since delaying the vote for two (2) weeks would create no hardship, he thought that the other members would also want to ensure that the document would be the best they could possibly produce and that they would not want to amend it two weeks after its adoption.
Responding to Mrs. Williams, Ms. Melson stated that delaying Council action would postpone the Planning Commission’s review of any changes until October. She also noted that there was one (1) annexation matter pending that may be affected by the adoption of the draft plan. She stated that it was unknown what, if any, expenses would be related to the postponement of adoption. Mrs. Williams stated that she was in favor of taking a vote on the draft plan in order to maintain the timetable.
Responding to Mr. Salters, Ms. Melson stated content changes could be reviewed specifically as an amendment to the plan.
Council President McGlumphy asked if there were any other annexations pending within the next month. Ms. Melson stated that there were not. She also noted that the next time an application for annexation could be submitted would be to meet the October 10th deadline for consideration by the Planning Commission during their November meeting; therefore, Council would not consider any other annexation applications before late November or early December.
Council President McGlumphy declared the public hearing open.
Mrs. Janice Sibbald, Blue Beach Drive, stated that she recently learned that the survey regarding Eden Hill Farm, referenced on page 55 of the plan, only included 40 participants. Mrs. Sibbald noted that the wording in the survey did not offer the option of “not extending Saulsbury Road”, only options for where Saulsbury Road should connect with New Burton Road. Mrs. Sibbald stated that the following statement: “the majority of participants (77%) agree that Saulsbury Road should be extended to New Burton Road, and that Webbs Lane is the preferred location for the linkage” is very misleading considering 77% of 40 participants is only 30 people. She stated that if the City were looking for a survey of a large group of people, the Crossgates, Mayfair, Wedgewood, Mayfair II Association held a meeting with DelDOT, the Mayor, and members of City Council which provided a forum for discussion of this issue. Mrs. Sibbald indicated that one of the issues raised during the meeting was the possible alignment and extension of Saulsbury Road at New Burton onto the Loper Farm, which is now owned by Capital Baptist Church. She stated that the Neighborhood Association is adamantly opposed to any such alignment and, while they assume there are several hypothetical options, they strongly urge the City to drop this option. The local farm directly abuts the backyards and entire row of houses that front Blue Beach Drive. Building a flyover or overpass over the railroad at this juncture in New Burton Road to bring it down on this property would create an “Unlivable Delaware” situation. Mrs. Sibbald stated that the Webbs Lane connection, while less damaging to the livability of various neighborhoods, presents significant problems that need to be addressed. A school is located a short distance from the Webbs Lane/New Burton intersection and the majority of those students walk to school.
Mrs. Sibbald referred to a memorandum dated May 20th from Mayor Hutchison to City Council which stated “Staff has expressed to the Department of Transportation it is our considered opinion that any connection of New Burton Road should occur southwest of a point at or below Webbs Lane”. She noted that this recommendation was not included in the draft plan.
Mrs. Sibbald stated that it was her understanding that the State and the City would be working together to draw up the rezoning without a City Planner (due to vacancy). She noted that she spoke with Mr. Jorgenson, City Planner, prior to his leaving the City, and he indicated that the zone had to be drafted so that it could be enforced exactly without providing leeway to the builder and that there would be no industrial park. Mrs. Sibbald asked how the Comprehensive Plan would protect the citizens of Dover, as well as future residents of the Eden Hill Farm Development, with the development occurring in phases.
Referring to page 104, Mrs. Sibbald stated that she thought the Enhanced Public crossing at New Burton Road should be moved ahead. She stated that she was delighted to see that the traffic problems at Webbs Lane and Route #13 were finally being addressed.
Ms. Ann Rider, Blue Beach Drive, began by quoting the following from the draft Comprehensive Plan:
“ . . . The Comprehensive Plan is also an official statement about the future of the City. Readers will find The Dover Plan: From the People-For the People is a positive plan that supports Dover’s continued growth and development but is tempered by the people’s demand that Dover keep its small town feel and high quality living and natural environment.”
Ms. Rider stated that she hopes that Dover keeps its small town feel and that the Plan is not only concerned with future growth, but includes the needs of its present citizens. Ms. Rider stated that her home borders the property formerly known as the Loper Farm. She stated that her biggest concern is the west Dover bypass, or extension of Saulsbury Road to New Burton Road. Throughout the Plan this is referred by its inclusion to the development of Eden Hill Farm. Ms. Rider stated that she was not opposed to the development of Eden Hill Farm; however, she asked that Council give considerable thought to the way in which the matter is addressed in the new Comprehensive Plan. The 2003 Plan was compiled using data from the 1996 Comprehensive Plan, which was created with the inclusion of working groups from target areas around the City, as well as approximately 40 citizens that attended the 2003 meeting. With the 1996 Plan, areas that were adjacent to vacant properties were mailed invitations. They were questioned, given surveys, and asked for input. Ms. Rider stated that she was unable to attend the Comprehensive Plan meeting due to surgery; however, she read the draft Plan and feels many of the surveys that were taken regarding the extension of Saulsbury Road did not include an adequate sampling of Dover’s population. Ms. Rider, noting that page 47 of the draft Plan states “In the 2003 workshops 77% of the participants agreed that Saulsbury Road should be connected with New Burton Road.”, stated that 77% only averages out to be 30 participants of approximately 50,000 residents of Dover and the surrounding areas. Ms. Rider stated that it is contradictory because the Plan states that it should be connected to New Burton Road but the Metropolitan Planning Organization (MPO) has identified that the area between Governors Avenue and Alder Road already has considerable problems. She stated that she is familiar with the Webbs Lane area and cannot see it as being the future west Dover bypass.
Ms. Rider noted that one of the MPO’s goals was to increase the livability of neighborhoods. She asked how her neighborhood could be livable with an overpass behind their houses and adjacent to their City park - The Mayfair Park. Ms. Rider stated that she would like more studies to be conducted on the extension of Saulsbury Road, not necessarily for the development of Eden Hill Farm, but for the residents that will be affected by it. She suggested that alternate routes be included in the Comprehensive Plan, such as: 1) extending Saulsbury Road along Route 15, as proposed in the 1960 Dover Comprehensive Plan; and 2) extending Saulsbury Road along Kraft Foods and bringing it down behind Angerstein’s out to Route 13 between Rodney Village and Brecknock Park, thus eliminating the effect to housing developments.
Ms. Rider stated that she was against the Mixed Lane Use zoning because it is too broad and too general and will eventually cause problems.
Ms. Gail Hartley, 372 Mockingbird Avenue (Mayfair) stated that she shared the same concerns that were previously expressed by the other residents. She stated that they have worked a long time to make their community what it is today and they would like the opportunity to provide input and protect their community.
Mr. Matt Kropiewnicki of Blue Beach Drive in Crossgates stated that he attended the DelDOT meeting with Secretary Hayward and he still has questions regarding where the road is going to cross New Burton Road, whether there will be a bridge or intersection, where the road is going to intersect with Route 13, and how the road will enter Route 1. Mr. Kropiewnicki stated that he is in favor of the bypass and new developments to raise the tax base; however, he felt that the State should determine the connection with Route 1 before any other decisions were made.
Mr. Simon Lowe, 140 Blue Beach Drive, stated that the traffic on Route 13 is backed up every day between 4:30 p.m. and 5:00 p.m. He did not feel that Webbs Lane could handle any more traffic and suggested that a traffic study be conducted.
Mr. Mike Moore, 865 Westview Terrace, stated that he was neither for or against the Comprehensive Plan and that there would be both pros and cons for any proposal. Referring to Mr. Speed’s request for additional time to review the Plan, Mr. Moore stated that to deny his request would disenfranchise 1/9th of Dover’s population because he directly represents that population.
Mr. Moore expressed concern with the number of participants in the survey and the perception that there was overwhelming support for the extension of Saulsbury Road. He suggested that a mandatory sampling of the citizens be required.
With no one else present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Speed moved to defer the vote on the Comprehensive Plan until the next regularly scheduled Council meeting. The motion was seconded by Mr. Ritter and failed by a roll call vote of six (6) no and three (3) yes (Mr. Ritter, Mr. Speed, and Mr. McGlumphy).
Mr. Ruane stated that he agreed with the public comments regarding the survey results being easily skewed. It was his feeling that the Comprehensive Plan was co-opting the working group process. Mr. Ruane noted that the Secretary of Transportation, Nathan Hayward, sent a letter to Governor Minner indicating that he was going to form a working group made up of neighborhood people. He also noted that the City Council has gone on record as being interested in participating in the process of determining the extension of Saulsbury Road. Mr. Ruane noted that Secretary Hayward has been advised of the City’s position in the regard. For the record, he explained that adoption of the Comprehensive Plan only means that the City is recommending that a study be done and that it should be clear in the record that the study is about whether, where, and when such an extension should be done.
Referring to page 110 of the Comprehensive Plan, Mr. Ruane noted that “City should work with DelDOT, the MPO, private property owners, neighborhood and school organizations to evaluate the desirability of extending Saulsbury Road to New Burton Road. Any study regarding this extension should evaluate the impact of the road extension on the surrounding neighborhoods, environmental resources (such as the Puncheon Run stream corridor) and surrounding land uses such as schools and parks.” He stated that adoption of the Comprehensive Plan does not in any way suggest that they are selecting a road. Mr. Ruane wanted to make very clear that they were aware of the number of participants in the survey and pointed out that page 42 states “Please be aware that because of different sample sizes (375+/- in 1995-96; 40+/- in 2003) it may be somewhat misleading to directly compare the results.”
Mr. Ruane suggested that staff make a minor technical amendment to the last sentence of the Eden Hill Farm section on page 55 as indicated below in bold and strikeout:
As reported above, the majority of the 40+/- participants (77%) agree that Saulsbury Road should be extended to New Burton Road and that, of the three (3) choices provided, Wyoming Avenue, Webbs Lane, or Camden Wyoming Avenue, Webbs Lane is the preferred location for the linkage.
Responding to Mr. Carey, Mr. Rodriguez stated that those revisions would not change the Plan; therefore, it would not require additional review by the Planning Commission.
Mr. Carey moved for approval of the amendment, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Mrs. Williams stated that the important issue was holding Secretary Hayward to the workgroup concept so that the citizens could take part in the process. It was Mr. Salters’ feeling that the workgroup should consist of members of that community, as well as the City Planner.
Mr. Carey moved to direct Council President McGlumphy to send a letter to the Secretary of Transportation, Nathan Hayward, announcing that The Dover Plan: 2003 Comprehensive Plan Update had been adopted by City Council and, in doing so, they addressed the issue of the Saulsbury Road Extension and reiterate Recommendation 9: Saulsbury Road Extension, which states that “the City should work with DelDOT, the MPO, private property owners, neighborhood and school organizations to evaluate the desirability of extending Saulsbury Road to New Burton Road. Any study regarding this extension should evaluate the impact of the road extension on the surrounding neighborhoods, environmental resources (such as the Puncheon Run stream corridor) and surrounding land uses such as schools and parks. The study should identify recommendations to mitigate traffic impacts in existing neighborhoods when and if the road extension is completed.” The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote.
Mr. Ruane expressed his concern that there was nothing in place to ensure that the developer implements the original community development design and plan as proposed. Ms. Melson stated that the first step in the development of the Eden Hill property would be the rezoning process. The property is currently zoned for industrial uses and residential development would not be permitted under that zone.
Responding to Mr. Carey, Ms. Melson noted that any site development plan goes through an application and review process which includes a public hearing before the Planning Commission.
By motion of Mr. Carey, seconded by Mrs. Williams, the following resolution was adopted by a roll call vote of seven (7) yes and two (2) no (Mr. Ritter and Mr. Speed):
A RESOLUTION ADOPTING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, pursuant to Title 22, Section 701 of the Delaware Code, the City of Dover established a Planning Commission; and
WHEREAS, pursuant to Title 22, Section 702 of the Delaware Code, the City of Dover adopted a new comprehensive plan on June 10, 1996, and the Dover Planning Commission adopted the plan on June 17, 1996; and
WHEREAS, Title 22, Section 702(c) of the Delaware Code requires that "[A]at least every five years a municipality shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the municipality or in the surrounding areas"; and
WHEREAS, having adopted a comprehensive plan in 1996, the City desires to comply with the provisions of Section 702(e) by reviewing and updating the 1996 Plan; and
WHEREAS, at a special meeting of September 16, 2003, the Dover Planning Commission reviewed and approved the 2003 Dover Comprehensive Plan Update and have forwarded it, with revisions, to the City Council for adoption; and
WHEREAS, the City Council held a public hearing, on the Plan Update on September 22, 2003 to consider the Planning Commission's recommended Plan Update.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover adopt The Dover Plan: 2003 Comprehensive Plan Update “From the People - For the People “2003 - 2008", as amended.
ADOPTED: SEPTEMBER 22, 2003
SAFETY ADVISORY COMMITTEE REPORT - SEPTEMBER 8, 2003
The Safety Advisory Committee met on September 8, 2003, with Chairman Truitt presiding.
Assignment of DEMA Funds - Robbins Hose Company
As a result of the President’s Day storm (February 14, 2003), the City received a check in the amount of $67,622.35 for DEMA reimbursable costs for Fire Department volunteers, which was 90% of the requested amount. Based on the review of the application and supporting documentation, it was found that all the reimbursable costs were for volunteer man hours (Robbins Hose Company) and for the Fire Department’s equipment.
Mrs. Mitchell noted that the City of Dover received a separate check, dated June 11, 2003, for additional expenses incurred by the snow storm in the amount of $66,262.56.
At the request of Mr. Salters, Fire Chief Bashista met with the Finance Director and they determined that a total of $299.94 in fuel from Central Service was used by the Robbins Hose Company during the time of the storm. It was Mr. Salters’ feeling that the City should be reimbursed for those expenditures from the funds received from DEMA.
The committee recommended that the DEMA funds, in the amount of $67,622.35, be processed as a pass through to Robbins Hose Company, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Speed and carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - SEPTEMBER 8, 2003
The Legislative and Finance Committee met on September 8, 2003, with Chairman Speed presiding.
Amendment to Financial Policy - Excess Carry-Forward Balance
At the end of each fiscal year, the General Fund, Water/Wastewater Fund, and Electric Revenue Fund may have audited carry-forward balances in excess of the budgeted carry-forward amounts. The proposed amendment to the Financial Policy would allow the City to decide the disposition of any and all excess carry-forward balances, as determined by the annual audit. The excess carry-forward amount is defined as any funds that are over and above the minimum eight percent (8%) carry-forward balance. The specific Excess Carry-Forward Policy will become a temporary addendum to the Financial Policies.
The Excess Carry-Forward Policy Addendum reads as follows:
For fiscal years 2002-2003 and 2003-2004, unless otherwise directed by Council, any and all excess carry-forward amounts, as determined by the annual audit, shall be used to fund the previously unfunded pension liabilities, except in those where the individual Major Fund has fully funded its total allocated portion of the liability. For fiscal years 2002-2003 and 2003-2004, unless otherwise directed by Council, excess carry-forward amounts in any Major Fund which has fully funded its total allocated portion of the liability shall be placed in an appropriate Reserve Fund.
Mr. Speed stated that carry-forward amounts vary from year to year, and would be placed into the Operating Fund, unless Council directed other uses for it. He indicated that if the operational cash flow exceeded the minimum eight percent (8%), staff would not be permitted to make the changes and action would have to be taken by Council.
Mr. Speed indicated that because there was more than one unfunded pension liability, it was his intention to have the Finance Director make allocation decisions. Mr. Ruane suggested that, prior to being presented to Council, staff provide a specific scenario for review.
Responding to concerns of Mr. Ruane, Mr. Speed indicated that the language used in the proposed policy would permit Council to direct the use of the funds for other specific purposes.
The committee recommended approval of the proposed amendment to the Financial Policy, as presented.
Mr. Ruane noted that, in addition to the minimum requirement of an eight percent (8%) carry-forward balance for the General Fund, there is a minimum requirement of a ten percent (10%) carry-forward balance for the Water/Wastewater Fund and a minimum requirement of a five percent (5%) carry-forward balance for the Electric Revenue Fund.
Responding to Mr. Ruane, Mrs. Mitchell agreed that the Excess Carry-Forward Policy Addendum should be amended by changing “unfunded pension liabilities” to “unfunded retirement liabilities”. Mr. Speed stated that he agreed with the recommended amendment.
Mr. Carey noted for the record that this amendment would not affect the normal carry-forward funds necessary for cash flow and every day operating expenses.
Mr. Speed moved for approval of the committee’s recommendation, as amended, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Mr. Speed moved for acceptance of the Legislative and Finance Committee report, seconded by Mr. Salters and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT - SEPTEMBER 11, 2003
The Utility Committee met on September 11, 2003, with Chairman Ruane presiding.
Discussion - Proposed Staff Implementation Plan for Electric Rate Study
As a result of the Special Utility Committee Meeting of August 26, 2003, staff was requested to develop a specific time table of events for implementing the proposed electric rate adjustments. The Electric Rate Study Implementation Team (Paul Gallagher and Mark Callan, IT Department, Terry Tieman, Administrative Services, Les Blakeman, Electric Director, and Marie Dee, Metering Supervisor) developed the following objectives for members to review:
• Competitive Rates – The Study found that the City’s basic rates across the board are competitive with neighboring utilities. The only deficiency is that the Study did not consider the power cost adjustment. The implementation plan calls for this to be corrected.
• Provide Proper Economic Signals – The Study found that the City’s current rates are not detracting economic development in the City of Dover.
• Promote Revenue Stability – The Study found that the City’s current rates, as long as they are adjusted for increased power costs, will provide revenue stability.
• Fair and Non-Discriminatory Rates - The Cost-of-Service Study found that other than three (3) small and specific rate classes (Street Lighting, Tilcon, NRG), there were no gross variations in allocated revenue versus the revenue from existing rates. Small commercial customers had the highest with an 11.5% variance; all the rest were below 10% variation. The City’s largest residential class was only 2% out of alignment.
• Easily Understood – While the Study found that the City had an unusually high number of rate classes, there was no indication from the Study or our customers that the rates were not easily understood.
• Revenues to Recover Costs – The Study found that our current rate structure covers costs.
Mr. DePrima indicted that the Implementation Plan provides a methodical approach to implementing recommendations of the Electric Rate Study in a way that would insure that the City’s objectives are met. He reminded members that staff has actively participated in a rate study implementation or major rate changes and stressed the importance of being accurate throughout the process.
Mr. DePrima informed members that along with the changes in electric rates comes changes to the City’s AS400 computer software and stated that there is a possibility of having to bring in an outside HTE programmer for assistance.
In an effort to keep members of Council updated on staff’s progress, Mr. Ruane requested that the agenda item Update - Electric Rate Study Implementation Plan, be placed on all future Utility Committee Agendas.
Mr. Farling suggested that Mr. DePrima add target dates for each of the seven (7) steps to the Implementation Plan. Mr. Ruane requested Mr. DePrima to also provide a gant chart, depicting the time period and staff allotted for each step.
By consent agenda, Mr. Carey moved for acceptance of the Special Utility Committee Report, seconded by Mr. Speed and carried by a unanimous roll call vote.
PARKS AND RECREATION OPEN SPACE REPORT - SEPTEMBER 15, 2003
The Parks and Recreation Open Space Committee met on September 15, 2003, with Chairman Pitts presiding.
Lexington Woods Recreational Plan
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
Lexington Woods Subdivision consists of 38.36+/- acres of land and situated on the north side of North Little Creek Road. Mr. Randy Duplechain, of Davis, Bowen & Friedel, Inc., presented the Preliminary Subdivision Plan for the Lexington Woods Subdivision (as on file in the City Clerk’s Office) which proposes 1.67 acres of active open space and 14.92 acres of passive open space (totaling 16.59 acres of open space), to include two (2) swing sets, five (5) park benches, two (2) picnic tables, and one (1) 10' hexagon cedar gazebo, shade trees, and an open play area. The total investment for the above-mentioned items is $17,104.
Responding to Mr. Carter, Mr. Duplechain indicated that the proposed walkway could be relocated to the edge of the open space to allow for a larger open area. Mr. Duplechain suggested that the two (2) swing sets be clustered, as opposed to having them located at each end of the open space, again, to allow for a larger open area.
The committee moved to recommend approval of the Preliminary Subdivision Plan for the Lexington Woods Subdivision, with the recommendation to relocate the walkway and cluster the two (2) swing sets.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Parks and Recreation Committee Open Space Report, seconded by Mr. Speed and carried by a unanimous roll call vote.
APPOINTMENTS - GREATER DOVER ARTS COUNCIL - RECOMMENDED BY MAYOR HUTCHISON
Mayor Hutchison requested the following appointments to the Greater Dover Arts Council:
• Ted Ressler - Term to Expire June 1, 2004 (to fill the unexpired term of Jeff Fulgham)
• Shelly Cecchett - Term to Expire June 1, 2005 (to fill the unexpired term of Jane Richter)
By consent agenda, Mr. Carey moved for approval of the appointment of Ted Ressler for a term to expire June 1, 2004 and Shelly Cecchett for a term to expire June 1, 2005, as recommended by Mayor Hutchison. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
MONTHLY REPORTS - AUGUST 2003
By consent agenda, Mr. Carey moved for acceptance of the following monthly reports, seconded by Mr. Speed and carried by a unanimous roll call vote.
Chief of Police Report Mayor's Report
City Assessor Report Planning and Inspections Report
City Clerk/Alderman Report (Fines) Robbins Hose Company No. 1 Report
Noting the absence of the City Manager, Mr. Ritter requested that the City Manager’s Report be deferred until the next meeting.
EVALUATION OF BIDS
Schutte Park Ball Field Parking Lot
The Department of Public Works was approached by the Dover Little League and area legislators regarding the improvement of an existing gravel parking lot adjacent to the Little League ball fields located at the rear of Schutte Park. The land is owned by the City of Dover and leased to the Dover Little League. Staff designed a 94-space parking lot and associated stormwater management improvements based on the request. The Planning Commission approved the site plan for the improvements in January 2003.
The following bids were received:
George & Lynch, Inc. Dover, Delaware $149,705
Garden State Landscaping Co., Inc. Deptford, New Jersey $157,796
At the time bids were received, the funding level provided by the legislators was not substantial enough to cover the cost of construction. The Dover Little League solicited additional funds from area legislators and they have now secured the necessary funding to cover all costs associated with construction of the parking area and stormwater management improvements. The funding levels are as follows: Representative Wagner - $53,546; Representative Stone - $35,000; Senator Still - $35,000; Representative Thornburg - $2,000; Representative Buckworth - $41,000.
The bid documents state that no bid may be withdrawn for a period of one hundred and twenty (120) days from the date of the bid opening. The referenced period ended on September 15, 2003; however, George & Lynch, Inc. has submitted correspondence that states they will extend their bid until October 15, 2003 provided a Notice to Proceed is issued on or prior to October 24, 2003.
Staff recommended awarding the contract to the low bidder, George & Lynch, Inc., Dover, Delaware, in the amount of $149,705.
Responding to Mr. Salters, Mr. Koenig, Public Works Director, stated that this contract would not interfere with the work George and Lynch is currently doing for the City. He noted that the contract includes a penalty for failure to complete that project on time.
Mrs. Williams moved to award the contract to the low bidder, George & Lynch, Inc., Dover, Delaware, in the amount of $149,705, as recommended by staff. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Well Head Redevelopment Program
The Department of Public Works has designed a program for the systematic rehabilitation and maintenance of the City’s deep wellheads. The goal of the program is to increase the yield of each well as this yield relates to the permitted allocation for each well. Over time, the yield decreases due to a buildup of mineral deposits, clay, and silt on the screen. In addition, mechanical efficiency of the pump and motors often decreases. The program is intended to improve operating efficiency and reliability of the wells. A professional geologist employed by Davis, Bowen & Freidel, Inc. prepared the specifications and bid documents for this project. Bids for this work were publicly advertised in accordance with city policy and the following bid was received:
A.C. Schultes of Delaware, Inc. Bridgeville, Delaware $ 67,280
The bid includes the following work:
Well #5
Mobilization, Pump Tests, Television Inspection, Redevelopment, Reinstallation $10,785
Well #8
Mobilization, Pump Tests, Television Inspection, Redevelopment, Reinstallation. $10,385
Well #2
Mobilization, Screen Testing, Redevelopment, New 150hp Submersible Pump & Motor $46,110
In addition, the contractor provided the City of Dover with an on-call emergency service rate of $5,600 for a 5-day period ($1,120 per day). This rate is not part of the Wellhead Redevelopment Program and would only be used at a future date should there be a mechanical failure at one of the production wells.
Staff recommended awarding the contract to A.C. Schultes of Delaware, Inc. in the amount of $67,280.
Responding to Mr. Ruane, Mr. Koenig stated that due to mechanical issues with wells #2 (Horsepond Road), #5 (Bayard Avenue) and #8 (East of East Dover Elementary School), the tentative Wellhead Redevelopment schedule presented in the CIP was modified.
Responding to Mr. Speed, Mr. Koenig stated that the work on large production wells is rather specialized and, although there are several contractors on the Delmarva Peninsula and in New Jersey that were notified, it was his feeling that they were not interested due to the volume of work that is currently available.
Mr. Carey moved to award the contract, in the amount of $67,280, to A.C. Schultes of Delaware, Inc., as recommended by staff. The motion was seconded by Mr. Speed and carried by unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 8, 2003.
Mr. Speed moved that the Final Reading of the following ordinances be acknowledged by title only, seconded by Mr. Carey and unanimous carried:
Chapter 2 - Administration, Article VIII - Committees - Council Standing Committees
By motion of Mr. Speed, seconded by Mr. Carey, the following ordinance was adopted by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 2 - Administration, Article VIII - Committees, be amended by deleting Divisions 1, 1.5, 2, 2.5, and 3 in their entirety and inserting in lieu thereof the following:
DIVISION 1. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
Sec. 2-146. Created.
There is hereby created a Legislative, Finance, and Administration Committee.
Sec. 2-147. Members.
(a) The Legislative, Finance, and Administration Committee shall be composed of five (5) members, four (4) of which are appointed by the Council President and one (1) appointed by the committee chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected city officials, and the two (2) remaining members shall be City residents. The members of the committee shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City Council excluding any Councilman under consideration after written notice shall have been given the member being considered for removal at a reasonable time prior to the proceeding stating the time, place and date of the removal proceeding.
Sec. 2-148. Functions.
The Legislative, Finance, and Administration Committee shall advise City Council on proposed charter amendments, ordinances to be adopted or amended, and other legislative matters; and shall advise City Council on financial matters, including the City’s budget, assessments, and taxation; and advise City Council on administrative issues, policy, procedures, and operations of the City of Dover. The Legislative, Finance, and Administration Committee shall act as an advisory committee to the City Council regarding matters relating to the Mayor, Council, City Manager’s Office, Finance Department, Administrative Services, City Clerk’s Office, Tax Assessors Office, Human Resources Department, Central Services Department, Information Technology Department, Election Board, Pension Boards, and any omitted or new departments or committees, and other areas as deemed appropriate.
DIVISION 2. PARKS, RECREATION, & COMMUNITY ENHANCEMENT COMMITTEE
Sec. 2-156. Created.
There is hereby created a Parks, Recreation, and Community Enhancement Committee.
Sec. 2-157. Members.
(a) The Parks, Recreation, and Community Enhancement Committee shall be composed of five (5) members, four (4) of which are appointed by the Council President and one (1) appointed by the committee chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected city officials, and the two (2) remaining members shall be City residents. The members of the committee shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City Council excluding any Councilman under consideration after written notice shall have been given the member being considered for removal at a reasonable time prior to the proceeding stating the time, place and date of the removal proceeding.
Sec. 2-158. Functions.
The Parks, Recreation, and Community Enhancement Committee shall advise the City Council on parks, playgrounds, open space, and other recreational facilities and programs; shall advise the City Council on matters relating to the community enhancements by reviewing and commenting on community plans, and recommend appropriate funding for each community improvement project; and advise the City Council on landscaping and beautification programs and tree preservation requirements, and assist in developing an understanding of the objectives and methods of tree conservation. The Parks, Recreation, and Community Enhancement Committee shall act as an advisory committee to the City Council regarding matters relating to the Parks and Recreation Department, Planning Department, Grounds Department, Community Development, Silver Lake Commission, Greater Dover Arts Council, Library Commission, and other areas as deemed appropriate, including funding.
DIVISION 2.5. SAFETY ADVISORY COMMITTEE
Sec. 2-161. Created.
There is hereby created a Safety Advisory Committee.
Sec. 2-162. Members.
(a) The Safety Advisory Committee shall be composed of five (5) members, four (4) of which are appointed by the Council President and one (1) appointed by the committee chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected city officials, and the two (2) remaining members shall be City residents. The members of the committee shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City Council excluding any Councilman under consideration after written notice shall have been given the member being considered for removal at a reasonable time prior to the proceeding stating the time, place and date of the removal proceeding.
Sec. 2-163. Functions.
The Safety Advisory Committee shall advise City Council on public safety issues, policies, procedures, and operations relative to emergency operations, and fire and police services. The Safety Advisory Committee shall act as an advisory committee to the City Council regarding matters relating to the Police Department, Fire Department, Inspections Department, and other areas as deemed appropriate.
DIVISION 3. UTILITY COMMITTEE
Sec. 2-166. Created.
There is hereby created a Utility Committee.
Sec. 2-167. Members.
(a) The Utility Committee shall be composed of five (5) members, four (4) of which are appointed by the Council President and one (1) appointed by the committee chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected city officials, and the two (2) remaining members shall be City residents. The members of the committee shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City Council excluding any Councilman under consideration after written notice shall have been given the member being considered for removal at a reasonable time prior to the proceeding stating the time, place and date of the removal proceeding.
Sec. 2-168. Functions.
The Utility Committee shall advise the City Council on the installation, maintenance, repair, improvement, and relocation of electric, water, sewer, streets, communication utilities and other infrastructures within the City and lawfully extending beyond the City corporate limits; and shall advise the City Council on the issue of utility consumption rates, suggested code amendments, condemnation of public rights-of-way; and shall act as an advisory committee to determine and establish utility issues, policies, procedures, and operations relative to electric, water, sewer, communications, etc., including, but not limited to, non-consumption utility fees, utility extensions, impact fees, and service connection fees. The Utility Committee shall act as an advisory committee to the City Council regarding matters relating to the Electric Department, and Public Works Department, including Water, Sewer, and Sanitation Divisions, and other areas as deemed appropriate.
DIVISION 3.5. TRANSPORTATION REVIEW COMMITTEE
Sec. 2-170. Created.
There is hereby created a Transportation Review Committee.
Sec. 2-171. Members.
(a) The Transportation Review Committee shall be composed of five (5) members, four (4) of which are appointed by the Council President and one (1) appointed by the committee chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected city officials, and the two (2) remaining members shall be City residents. The members of the committee shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City Council excluding any Councilman under consideration after written notice shall have been given the member being considered for removal at a reasonable time prior to the proceeding stating the time, place and date of the removal proceeding.
Sec. 2-172. Functions.
The Transportation Review Committee shall advise City Council on vehicle regulations, traffic, parking, pedestrians, and other transportation related matters; and shall advise City Council on the overall planning and programming of transportation improvements. The Transportation Review Committee shall act as an advisory committee to the City Council regarding matters relating to the Streets Division of the Public Works Department, State Department of Transportation, Greater Dover Metropolitan Planning Organization, other organizations concerned with transportation issues in the City of Dover and other areas as deemed appropriate.
ADOPTED: SEPTEMBER 22, 2003
Doubling of Fines Not Paid Within 14 Days
By motion of Mr. Salters, seconded by Mr. Speed, the following ordinances were adopted by a roll call vote of eight (8) yes and one (1) no (Mr. Ritter):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 1-10, General Penalty for Violation of Code; Separate Offenses, of the Code be amended by adding a new paragraph to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Paragraph (g), Violations, of Section 4-7, Animal Excrement, of the Code be amended by adding the following sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 4-14, Fines, of the Code be amended by adding a new paragraph (5) to read as follows:
(5) Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 4.5-12 , Penalties for Violation, of the Code be amended by adding the following sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 5-91, Violations; Penalty for Disregarding Notices or Orders, of the Code be amended by adding a new paragraph to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 7-75 of the Code be amended by adding a new paragraph (f) to read as follows:
(f) Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Subsection (g), Penalties, of Section 7-62, Smoke Detection Devices; Requirements, of the Code be amended by adding the following sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 8-15, Penalties for Violation, of the Code be amended by adding the following sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 13-15, Off Road Motor Vehicle Regulations, of the Code be amended by adding the following sentence to Subsection (c) to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 13-16, Violations, of the Code be amended by adding a new sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 14-3.5, False Alarms to Police, of the Code be amended by adding a new sentence to Subsection (c), violation; penalty, to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 14-6.1, Consumption or Possession of Alcoholic Liquor, of the Code be amended by adding a new sentence to Subsection (b) to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 14-8, Excessive Noise Prohibited, of the Code be amended by adding a new sentence to Subsection (d) to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 14-15, Smoking Regulations, of the Code be amended by adding a new sentence to Subsection (e), Violations and Penalties, paragraph (2), Penalties, to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 15-51, Same-Fine, of the Code be amended by adding a new sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 19.5-26, Penalty for Violations, of the Code be amended by adding a new sentence to read as follows:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 21-19, Fines, of the Code be amended by adding a new Subsection (e) to read as follows:
(e) Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: SEPTEMBER 22, 2003
Section 1-10 - General Penalty for Violation of Code; Separate Offenses
By motion of Mr. Speed, seconded by Mr. Carey, the following ordinance was adopted by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 1 of the Dover Code be amended by deleting Section 1-10 - General Penalty for Violation of Code; Separate Offenses, in its entirety and inserting in lieu thereof:
Whenever in this Code or in any ordinance of the city any act or omission is prohibited or is made or declared to be unlawful or a violation, or whenever in said Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a violation, and no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable by a fine not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00). Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense.
ADOPTED: SEPTEMBER 22, 2003
UPDATE ON STORM ACTIVITY
Mrs. Green, City Clerk, provided the following:
“At about 6:15 Thursday evening, dispatch began to receive calls of electric outages, which appeared to be widespread, scattered throughout the City. There were a variety of problems such as service drops to residences up to and including transmission poles down caused by downed trees. At peak, there were 2,500 people without electric service; city crews worked through the night; by 5:00 p.m. Friday, that number was down to 800 (½ on 1 circuit, shortly at 400 back on). By midnight Friday all electric service was restored - total outage time was about 30 hours. No further problems were reported over the weekend - good news - means repairs were good. More specific details regarding electric service will be forthcoming.
Public Works crews began working on cleanup Thursday afternoon and worked throughout the night and all day Friday, Saturday, and part of Sunday picking up debris. The debris is being stored at Schutte Park - there is too much for the landfill. Power outages caused crews to be brought in for sanitary sewer pumping stations. All stations were back on line shortly after power was restored. To our knowledge, there were no sanitary sewer backups; no damage to our water system or elevated storage towers.
Trash collection has resumed, crews picked up today for Monday’s route, will go back to picking up Thursday and Fridays routes as time permits. All crews (streets, grounds, and sanitation) will work until dark this evening. There are no special charges for storm debris within city limits; bulk collection fees have been suspended; and leaf collection system will begin later in week.
All in all, there was no major damage; however, Isabel created a massive amount of storm debris.
It is noted that there is no change to the published water system flushing that has been scheduled - it will begin at 10:00 this evening.”
Members of Council expressed their appreciation to the City crews for all of their hard work.
COUNCIL MEMBER COMMENTS
Mr. Salters, noting that the Request for an Audit of the Mayor’s Expenses has been on the agenda for two (2) or three (3) meetings and has been deferred each time, requested Mr. Ritter to delete the item forever from the agenda. He also asked who would be responsible for paying for the audit.
Mr. Speed moved for adjournment into executive session, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:20 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of September 22, 2003, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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