REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 23, 2009 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Strochine, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGiffin moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.
Mrs. Williams requested that item #7, Annual Report - Police Department, be removed from the consent agenda.
Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF FEBRUARY 2, 2009
The Minutes of the Special Council Meeting of February 2, 2009 were unanimously approved by motion of Mr. Leary, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 9, 2009
The Minutes of the Regular Council Meeting of February 9, 2009 were unanimously approved by motion of Mr. Leary, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
CERTIFICATE OF CONGRATULATIONS - DR. MICHAEL H. CASSON - INTERIM DEAN OF THE OFFICE OF GRADUATE STUDIES - DELAWARE STATE UNIVERSITY
The following Certificate of Congratulations was read into the record by the City Clerk:
WHEREAS, Dr. Michael H. Casson, born and raised in Dover, Delaware, earned a Bachelor of Arts in Economics from Florida A&M University, a Master of Arts in Economics from the University of Wisconsin-Milwaukee and a Ph.D. in Agriculture and Resource Economics from the University of Connecticut; and
WHEREAS, Dr. Casson returned to Dover after his schooling to begin his career at Delaware State University; and
WHEREAS, during his tenure at Delaware State University, Dr. Casson has served as the Associate Professor of Economics, Interim Director of Students, Interim Executive Director of Student Leadership Activities, Chair of the Accounting, Economics and Finance Department, and Interim Associate Dean of College Business; and
WHEREAS, on February 1, 2009, Dr. Casson began his appointment as the Interim Dean of the Office of Graduate Studies.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, are honored to present this Certificate of Congratulations to DR. MICHAEL H. CASSON on this 23RD day of February, 2009, in recognition of his appointment as the Interim Dean of the office of Graduate Studies.
On behalf of the Mayor and Council, Mayor Carey presented the Certificate to Dr. Casson and relayed appreciation for the assistance provided to the City of Dover with regards to economic development.
Dr. Casson indicated his appreciation for the presentation and stated that it has been an honor to serve the community and he looks forward to continuing this service in the future.
Mr. Salters stated his gratitude for the savings provided by Dr. Casson for his service in completing the feasibility study for the Cultural Center.
RECOGNITION OF SERVICE - RAYMOND R. COLA
The following Certificate of Recognition was read into the record by the City Clerk:
MAYOR AND COUNCIL
Be It Hereby Known To All That
The Mayor and Council Commend
RAYMOND R. COLA
for Dedicated Service to the City of Dover
August 1989 - August 2009
20 Years of Service
The Mayor and Council Extend Sincere
Appreciation and Congratulations
On behalf of the Mayor and Council, Mayor Carey presented the Certificate, City Plaque, and Dover Cup in appreciation for the years and service provided by Mr. Cola.
Mr. Cola thanked the Mayor and members of Council for their support during his years of employment, as well as the employees of the Finance Department.
Mr. McGlumphy noted that much of the work done by Mr. Cola has been at his request and he relayed special appreciation.
RECOGNITION OF SERVICES - JAMES D. MCGINNIS
The following Certificate of Recognition was read into the record by Mayor Carey:
CERTIFICATE OF RECOGNITION
Presented to
JIM MCGINNIS
for many years of continued public service to our
community in enhancing economic development.
With many thanks, from the City of Dover
Mayor Carey noted that Mr. McGinnis was understandably unable to attend this evening’s meeting and, therefore, presented the Certificate and a Dover Cup to his wife, Mary Jane McGinnis, son, Phil McGinnis, and daughter, Donna McKamy.
Mr. McGiffin advised members that Mr. McGinnis encouraged and recruited him to run for City Office and served as his mentor. He stated that although he has been very successful, Mr. McGinnis has always maintained humility and a sense of what is important. He looks forward to continuing to work with him in the future.
Mr. McGlumphy referred to the Blue Hen Mall project and the contentious residents of the area and noted that through his intermediary expertise and political experience, Mr. McGinnis assisted in resolving the issues.
Mr. Phil McGinnis, joined by his mother and sister, advised members that his father asked why the City wished to pay tribute to him. His response was that they wanted to recognize a fine gentlemen and honorable human being. He concurred with previous statements of his father working hard at everything he did and providing ready assistance whether requested of him or not. He stated that his father was proud to be a resident of the City of Dover and indicated the importance of the community. Knowing that he would not be able to attend the tribute, Mr. McGinnis stated that his father requested that he advise members that “he only tried to be a model citizen”.
PRESENTATION - PRESERVE AMERICA
Mr. Slavin, joined by Mayor Carey and Mr. DePrima, City Manager, announced that the City of Dover has been designated as a Preserve America Community, one (1) of only three (3) towns/cities in Delaware to achieve this status. He explained the importance of the City’s history and historical features. Mr. Slavin advised members that Preserve America is one of the highest distinctions that can be achieved by a community, and indicates that the City’s efforts have been worthy in the past, the City’s achievement is notable, and the City’s commitment is ongoing for historical preservation.
Referring to the First State Heritage Park in Dover, Mr. Slavin stated that one of the benefits is that there are a variety of activities. Due to this Park and its commitment, particularly the efforts of Ms. Elaine Brenchly, who was instrumental in the fruition of the Park, the City now has the distinction and designation as a Preserve America Community, which allows eligibility for federal grant funding that only flows to Preserve America communities.
Mayor Carey noted that he received a letter from the White House indicating the City’s distinction as a Preserve America community and thanked everyone who has been involved in this endeavor.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - FEBRUARY 9, 2009
The Parks, Recreation, and Community Enhancement Committee met on February 9, 2009 with Chairwoman Russell presiding.
Presentation - Skate Park Recommendations (Dean Holden)
Mr. Holden of the Skate Park Committee reviewed a Presentation of the Dover Public Skatepark Project, entitled Say “Yes” to your Neighborhood Skateboard Park. He advised members that the information provided was developed based on the current economic situation, feedback from members of the committee, members of City Council, and representatives of Kent County. He reiterated that the goals of the Skate Park Committee are as follows: show the need for skateboard recreation areas; gain the City’s desire to fulfill this need; and demonstrate how it would be included in the Parks and Recreation repertoire. Although initially it was the committee’s desire to make a presentation for the creation of a Skateboard Park, Mr. Holden stated that members understand the current economic situation and hope that by next year the economic environment would allow for “skate spots”.
It was noted that during their meeting of December 8, 2008, members were provided with an expanded list of all the sites reviewed by the Skate Park Committee and the pros and cons for their use as skate parks. The review determined that there were seven (7) sites preferred for further consideration. Responding to Mr. Ruane, Mr. Holden indicated that the two (2) sites eliminated from the preferred list were Governors Avenue (Capital Cleaners) and PW2.
Referring to the committee’s criteria for considering appropriate sites, Mr. Ruane suggested that members also consider parking issues and what activities would be displaced (particularly in neighborhood parks). He suggested that the committee talk with these communities and noted that the presentation would educate the community regarding the concept of a Skateboard Park.
Mr. Holden continued the review of the Presentation, as well as a video depicting skateboarding for those that are unfamiliar with the sport. He reiterated that this project is preliminary at this point, particularly since the focus has changed to “skate spots”. He stated that the committee is still in the process of working with the City and County and will be working with the community to obtain their support.
Mrs. Horsey felt that the “skate spots” was a good alternative to the skateboard parks and questioned the possibility of utilizing City owned parks for this purpose. Responding, Mr. Carter indicated that he will be meeting with members of the committee to further consider the options in this regard.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
Mr. Ruane reminded staff that during the last Puncheon Run Watershed Action Team meeting, there was an indication that there would be an inquiry made regarding the mapping and requested that staff apprise the committee of this matter. Responding, Mr. DePrima stated that the Team has looked into the idea of a letter of map revision. There is a question as to whether this would have any actual impact on any properties. The Team will not know whether it is cost efficient to have this accomplished until the bridge is completed, since it is changing the manner in which the stream functions.
Mr. Ruane requested that staff send a memorandum to update the community affected by the stream (residents of Lynnhaven Drive, Shadow Court, etc.) regarding the mapping issue and flood plain. He noted that flood insurance is a fairly expensive proposition; therefore, it is an issue for some of these residents.
Planning and Funding for New Library
Ms. Cyr, Library Director, reviewed the update information provided to members regarding the planning and funding for the new Library. She advised members that a public meeting will be held tomorrow evening at 7:00 p.m. allowing the public another opportunity to participate in the design of the building. It is hoped that by the end of March, the schematic designs will be completed and provide an exact idea of what the building will look like, what it will contain, and its future costs.
Responding to Mrs. Russell, Ms. Cyr stated that the size of the new Library was originally estimated at 52,000 sq. ft. and that it has been decreased to a 46,000 sq. ft. building. She stated that this decrease was recommended by the architect, explaining that a 52,000 sq. ft. building could not be built based on the original budgeted amount of $18.2M. Although there is a new budget for this project which is higher than the original budgeted amount, a final budget will not be known until the schematic design is complete. Ms. Cyr stated that the architect has assured staff that the reduction will not compromise the services that the library will offer to the public and noted that a priority is for the library to be placed and designed to allow for the expansion of the building if it is deemed necessary in the future.
In response to Mr. Ruane, Mr. DePrima reminded members that a City/County Meeting (which may include all members of Council and Levy Court Commissioners to be invited) is scheduled to be held during the end of the month. The plan is for both Mr. Petit de Mange, County Administrator, and himself to make a presentation regarding joint services, as well as funding.
CDBG Program
Mrs. Harvey, Community Development Director, reviewed the Status of the FY2008 CDBG Program provided to members. She advised members that staff continues to work with Dover Interfaith Ministry to the Homeless in assisting them with the purchase of a building.
In response to Mr. Ruane, Mrs. Harvey stated that she has requested clarification from HUD on the time frame for the receipt of the allocation so that meetings can be scheduled. She advised members that the application deadline is February 13, 2009. She assured members that the material will be provided to members prior to the committee meeting scheduled for consideration of the applications.
2008 Comprehensive Plan Update
Mrs. Townshend, Director of Planning and Inspections, advised members that the 2008 Comprehensive Plan is scheduled for the Council Meeting later in the evening and that there is the possibility that members of Council will take final action regarding this matter.
Proposal to Leverage Neighborhood Stabilization Program Funding
Members were provided information entitled “NMTC/Leveraging Proposal - Questions and Answers 2/1/09” as well as an example of a Letter of Intent. Although this matter was previously tabled (during agenda additions/deletions), at the request of staff and due to the receipt of information and attendance of representatives, Chairwoman Russell requested the desire of members regarding the consideration of this matter. It was noted that no action is being requested and that it was the desire to simply provide information to members at this time.
The committee removed the matter from the table and allow Mr. DePrima to speak on the issue.
Mr. DePrima explained that no information was provided to members since staff expected to orally report to members their comments regarding this matter. He apologized to members for their anticipation of a written recommendation.
Mr. Ruane explained his understanding was that the matter would follow the City’s ordinary protocol, which would entail staff’s review and that an action form would be presented to the committee. The packet material indicated that the material would be sent out under separate cover, which has not been accomplished. He indicated his unreadiness to respond to an oral presentation without having the opportunity to review the report of staff (pros, cons, and recommendation). He reiterated that this matter should have been handled like all other items brought to the committee.
Mr. Lewis reminded members that during their previous meeting, Mr. Temple had indicated more detailed information regarding the plans would be provided to members, which has not been provided to date. Responding, Mrs. Townshend stated that this information was included in a packet for the February 2, 2008, committee meeting, which was cancelled. In preparing the information for this meeting, after discussing the matter with the Chair, City Clerk, etc., she stated that it was determined that this information was not requested by the committee.
In response to Mrs. Russell, Mrs. Townshend stated that staff met with the City’s partnerships (suballocation) for NSP funds, including Mr. DePrima and Mrs. Mitchell. Mr. DePrima assured members that he and Mrs. Mitchell agree to the recommendation of staff and that Mrs. Mitchell was aware that he would be relaying their recommendation to members. Mrs. Russell indicated her preference for Mrs. Mitchell to provide her recommendation directly to members of the committee.
Mrs. Russell questioned the involvement of the presenters during their previous meeting as it relates to the issue, feeling that there must be benefits that would be provided to them.
Mr. Ruane relayed concern that the discussion was moving towards the issue. He reiterated his expectation for this matter to be treated like any other staff recommendation, which would include an action form that includes input from all principle staff members. He advised members that in discussing this matter with Mrs. Mitchell, she still has unreadiness.
The committee moved to recommend tabling the matter due to the unreadiness of members.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
By consent agenda, Mr. Leary moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 10, 2009
The Safety Advisory and Transportation Committee met on February 10, 2009 with Chairman Leary presiding.
Presentation - Traffic Calming Devices (Mike Sommers-DelDOT)
Mr. Koenig, Public Services Director, introduced Mr. Mike Sommers, State of Delaware Department of Transportation (DelDOT), and Mr. Todd Peterson, Parsons Brinkerhoff, who reviewed a presentation of Traffic Calming Treatments.
Responding to Mr. Leary, Mr. Sommers stated that the new speed bumps take into consideration the concerns of emergency responders.
Proposed Resolution No. 2009-04 Calling for an Improved National Rail Policy
Members were provided a proposed Resolution (No. 2009-04) that calls upon the Congressional delegation and the entire United States Congress to support the Railroad Competition and Service Improvement Act of 2007 (H.R.2125/S. 772) which would strengthen the freight rail system for the next century.
Mr. Phillip Bell with Go21 reviewed a Presentation regarding the Growth Options for the 21st Century (Go21) and explained how deregulation has been good for both businesses and the public. He advised members that the Go21 mission is to promote freight transportation alternatives and supports legislation to expand rail capacity.
Mr. Ruane relayed concern regarding the wording in line 18, which indicates “support The Railroad Competition and Service Improvement Act of 2007”, since he is not aware of what the Act contains. He questioned if the National League of Cities has indicated their position regarding this matter. He noted that the League may not support the legislation, explaining that there is a conflict between the providers and users. The railroads have created a situation whereby those that need the railroad are not able to negotiate a different price.
The committee moved to recommend tabling the matter to allow further review.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
Proposed Resolution No. 2009-05 - Proposing the Continuance of Existing Limits on Truck Size and Weight - Delaware Alliance for Safe Roads - Truck Weight
Members were provided a proposed Resolution (No. 2009-05) proposing the continuance of existing limits on truck size and weight, as well as letters to Senator Thomas R. Carper and Congressman Michael Castle. At the request of the Coalition Against Bigger Trucks, members considered a draft proposed Resolution in support of S.3021 Safe Truck and Operations and Preservations Act, which aims to maintain the current limit of 80,000 pounds for tractor trailer trucks on Interstate highways in place and establish a maximum length of 53 feet for trucks, both of which will improve safety and prevent excessive strain on the nations’s roads, tunnels, and bridges and extend that to the National Highway System.
Discussion and approval of such a Resolution would eliminate the dangerously large and heavy tractor trailer trucks from our roads while protecting our infrastructure and improving safety on our roads.
Ms. Kristen Siegel, representing the Delaware Alliance for Safe Roads, presented members with information regarding the safety and financial impacts of larger, heavier trucks. She advised members that the main objective of the Alliance is to keep trucks from getting any heavier and/or longer and have been successful since 1994. She informed members that the large trucking companies are pushing for an increase in the truck size and weight from 80,000 lbs. to 97,000 lbs., which equates to an 8½ ton increase per the single tractor-trailer trucks. These companies also have been pushing for longer combination vehicles, such as the double and triple trucks.
Ms. Siegel advised members that the Alliance is concerned about these issues due to two (2) public policies issues, as follows: 1) infrastructure damage caused by heavier trucks, particularly bridge deterioration; and 2) trucks paying their fair share for the damages they are causing. She advised members that one (1) 80,000 lb. truck causes as much damage as 8,860 automobiles.
Ms. Siegel urged members to approve the proposed Resolution and request their members of Congress to oppose any of these efforts to increase these truck sizes. She stated that Congressman McGovern is introducing legislation known as “SHIPA” (Safe Highway Infrastructure Preservation Act) and a similar legislation is being submitted to the Senate known as “STOP” (Safe Trucking Operation Preservation Act).
Responding to Mr. Davis, Ms. Siegel indicated that if the trucking companies agreed to pay their fair share for the use of the roadway, it would affect the concerns of the Alliance. She advised members that, based on an in-house study, an extra $5 per mile would be required. To her knowledge, the companies have agreed to pay an extra .10¢ per mile, which is not near enough.
Mr. Link indicated a need to review the material further before taking a position or developing a recommendation for City Council
Since there was no motion, Mr. Leary indicated that this matter would be reconsidered by members during their next meeting (March 24, 2009).
Discussion - Dover Transit Center
Mr. James Galvin, Dover/Kent County MPO, reviewed a site plan map of the proposed Transit Center for Dover to be located on the property located at Water, Queen, and West Streets, which is known as the former George and Lynch property. He stated that there are seven (7) residential properties in this area necessary for the Center and that DelDOT has acquired four (4) or five (5) of the properties and are currently negotiating the purchase of the remaining properties. It is the desire to acquire the entire block for the Intermodal Center. He noted that the facility will be located next to the railroad; therefore, if rail passenger service is extended to Dover, a facility will be available to serve passenger rail service.
Mr. Galvin advised members that the proposed facility will consist of a 3-story building. He stated that the first floor of the facility will serve busing services, including ticket offices, restrooms, waiting areas, etc. He noted that there is discussion for the building to also house taxi service, as well as ambulatory services. It is planned for the Dover/Kent County MPO to be located on the third floor of the building. There is also the idea for the E-Z Pass offices, currently located on Webbs Lane, to be located in this facility.
Mr. Galvin stated that DelDOT has acquired an environmental consultant who is currently working on this project. The plan is for DelDOT to bring this project forward as a designed building, which is part of the stimulus fund. The stimulus fund has a time limit for allocation/commitment of the funds (180 days). With regards to the schedule for this project, he stated that it is anticipated that a contractor would be selected by early/mid-summer and contracting for the project by early/mid-fall, which would be within the 180 days.
Mr. Ruane relayed concern with the entrance of the facility being located on West Street, due to the current traffic congestion on this street. Responding, Mr. Galvin indicated that this matter is being reviewed and that there may be a need for improvements to West Street.
Briefing on DelDOT Projects - Gary Laing
Due to the absence of Mr. Laing, there was no briefing on DelDOT Projects provided.
Briefing on MPO Projects - Juanita Wieczorek
On behalf of the Dover/Kent MPO, Mr. Galvin reminded members of a proposal to install a traffic signal on Route 13 at Lepore Road, south of State Street and Route 13 and stated that there is a plan to move this project forward. He also advised members that there are plans to make improvements to the intersection of Route 10 and Sorghum Hill Road, which would eliminate some of the turning movements for the purpose of increasing safety at this intersection. There is also a proposal to repave Route 1 from Milford Neck Road down to the north split, which is located at Route 1 and Route 13 north of Milford.
Briefing on City of Dover Projects - Wyoming Mill Road Projects
Mr. Koenig, Public Services Director, reminded members that the Wyoming Mill Road Project was a request of the City as a part of the 2006 Federal Transportation Budget Reauthorization of the Highway Bills and that Senator Carper earmarked $1.5M for the Wyoming Mill Road Realignment Project. He advised members that the design engineer is McCormick Taylor and that the City of Dover is essentially the project owner and sponsor, although it is being managed by DelDOT.
Mr. Koenig also reminded members that as a federal earmarked project, there is an 80/20 split (80% federal funds and 20% local government funds) requirement. In this case, because the City of Dover is the project sponsor, the 20% funding requirement is the City’s responsibility. Thus far, the City’s match has included approximately $80,000 worth of right-of-way dedication associated with the new alignment. The City recently authorized $12,328 worth of soil boring expenses. Therefore, the City has met the criteria for the match through the design phase. It is hoped that the design phase will be completed later this calendar year (2009) and at that point, the City will have firm construction amounts and will be able to determine if more or less funding will be necessary. Mr. Koenig anticipates the target for construction would be calendar year 2010.
Responding to Mr. Leary, Mr. Koenig stated that the original land donation was approximately 15 acres and, with 2.8-3 acres of right-of-way, there would be a net gain of 12 acres for Schutte Park. The realignment of Wyoming Mill Road will also realign bike route 1 to the intersection, create some additional opportunities to connect pedestrian paths, and improve the drainage and safety functionality of Hazlettville Road intersection.
By consent agenda, Mr. Leary moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
ANNUAL REPORT - POLICE DEPARTMENT
Members were provided the 2008 Annual Report of the City of Dover Police Department.
Mrs. Williams thanked the Police Chief and members of the City of Dover Police Department for their accomplishment in the clearing rate of crimes. Working in diversion programs for most of her career with children and adolescents, which has required her to work with law enforcement agencies, Mrs. Williams advised members that clearing rates serve as a benchmark for all law enforcement agencies. She indicated her pride in the Police Department for their efforts in this regard.
Chief Horvath relayed appreciation for the recognition and stated that the City of Dover far exceeds other communities in the clearing rates.
Mayor Carey indicated his appreciation and requested the Police Chief to relay congratulations to the men and women of the Dover Police Department for their success.
Council President Hogan announced that the entire report is available from the City’s Website (www.cityofdover.com) and urged residents that may be interested to review the report.
Mr. Salters noted that there has been a decrease in the Police contact with the City’s youth in the target area and stated that, based upon the report, the crime downtown is only a perception and not a reality. He stated that the downtown area is one of the cleanest in the country, which is due to the efficiency of the Police Department. He feels that the Dover Police Department is one of the finest organizations in the State.
Mrs. Williams moved for acceptance of the Annual Reports of the Police Department, seconded by Mr. Leary and unanimously carried.
APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT HOGAN - HUMAN RELATIONS COMMISSION - NAULEEN PERRY (TO FILL EXPIRED TERM OF MITTIE KELLY - TERM TO EXPIRE FEBRUARY 2012)
Council President Hogan recommended the appointment of Ms. Nauleen Perry to serve on the Dover Human Relations Commission, to fill the expired term of Ms. Mittie Kelly. This appointment is for a three (3) year term to expire February 2012.
By consent agenda, Mr. Leary moved for approval of the appointment of Ms. Perry, as recommended by Council President Hogan. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote.
PLANNED NEIGHBORHOOD DESIGN: SENIOR CITIZEN HOUSING OPTION - MAPLE DALE COUNTRY CLUB
The Planning Office received a proposal to establish a Planned Neighborhood Design: Senior Citizen Housing Option on a portion of the Maple Dale Country Club golf course land.
Mrs. Townshend advised members that staff received correspondence earlier today, dated February 23, 2009, from Mr. Ray Allen, President of the Board of Directors of Maple Dale, requesting that the application be put on hold until further notice (Exhibit #1).
Mr. Salters moved to table the Planned Neighborhood Design application for Maple Dale Country Club as requested, seconded by Mr. Leary and unanimously carried.
SELECTION OF POLLING PLACES FOR 2009 REGULAR MUNICIPAL ELECTION
Mrs. McDowell, City Clerk, reminded members that the 2009 Regular Municipal Election is scheduled for Tuesday, April 21, 2009, with three (3) seats being contested: At-Large; First District; and Second District. She stated that the Election Board met on February 19, 2009 to review polling place options in order to provide a recommendation to City Council (minutes of their meeting were provided to members).
The Election Board recommended that the Elk’s Lodge, located at 200 Salisbury Road, be utilized as the polling place for the 2009 Regular Municipal Election.
Although there are economic concerns, Mrs. Williams expressed her feeling of the importance of providing convenience to the residents and that providing additional polling places allow the residents to better provide a voice in how their money is spent.
Mrs. Williams moved to expand the polling places for the 2009 Regular Municipal Election to include the Dover Park and Seventh Day Adventist Church on Wyoming Avenue and that the monies required be restored to the Clerk’s budget. The motion was seconded by Mr. Ruane and unanimously carried.
REZONING REQUEST/FIRST READING - SOUTH SIDE OF WHITE OAK ROAD (SHR 66), EAST OF STATE ROUTE 1, OWNED BY BAY VILLAGE OF DOVER, LLC
A request was received to rezone property located on the south side of White Oak Road (SHR 66), east of State Route 1, consisting of 79.16+/- acres, owned by Bay Village of Dover, LLC. The property is currently zoned A (Agricultural) and subject to the AEOZ (Airport Environs Overlay Zone) and SWPOZ (Source Water Protection Overlay Zone) and the requested zoning is RM-2 (Medium Density Residential) and subject to the AEOZ and SWPOZ.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Staff recommended referral to the Planning Commission on March 16, 2009 and that a public hearing be set for April 13, 2009 at 7:30 p.m.
Mrs. Townshend, Director of Planning and Inspections, advised members that although the 2008 Comprehensive Plan designates the property as Residential Medium Density, it also states that “the City shall ensure that the development of the Bay Village site proceeds as a master planned community with transit access and bicycle and pedestrian amenities both within the site and connecting with Garrison Oak and other areas to the west. Additionally, the City must ensure that the viability of Garrison Oak is protected by requiring that the phasing and design of development on the site minimizes any potential conflicts between the residential and industrial uses. Development of the Bay Village site should coincide with a master plan for Garrison Oak, and the design of Bay Village must include adequate buffering from the industrial area.” With the application coming before the Garrison Oak master plan, she wanted to bring it to their attention.
Responding to Mr. Ruane, Mrs. Townshend stated that funds have been included in the budget next year for the Garrison Oak Master Plan and that there may be other funds available to allow for the process to begin, such as master planning for the utilities and infrastructure on the site, late spring. Completion would take 8-9 months.
Referring to the Special Council Meeting of January 5, 2009, Mrs. Townshend stated that there was concern of members that the development of the Bay Village site would come before the Garrison Oak. Although there was discussion of holding off on the rezoning of the Bay Village property, there was no motion to this effect. After speaking with Deputy City Solicitor Pepper, she explained that it is ambiguous, since the language in the plan refers to the development of the site, which could be considered either at the rezoning stage or site plan application stage.
Mr. Ruane moved to table the application. The motion failed for the lack of a second.
Mr. McGiffin moved to refer the request to the Planning Commission on March 16, 2009 and set a public hearing before City Council on April 13, 2009 at 7:30 p.m., seconded by Mr. Salters.
Mr. Ruane reminded members that the City of Dover is engaged in very serious and intense negotiations with potential economic development representatives interested in the Garrison Oak tract. It was his feeling that referral of the rezoning application would send the wrong message, explaining that these individuals had an understanding that there would be a master plan before development of property across the street, within 60 feet. He felt that such action would defeat the purpose of the economic development program and ties directly into the City’s energy supply. He urged members to consider the impact of this matter.
The motion to refer the request to the Planning Commission on March 16, 2009 and set a public hearing before City Council on April 13, 2009 at 7:30 p.m. was carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Ruane).
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A 79.16+/- ACRE PARCEL LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD (SHR 66) EAST OF STATE ROUTE 1.
COUNCIL MEMBERS ANNOUNCEMENTS
Council President Hogan noted that members have new microphones and that it has made a significant improvement to the quality of the sound during the meeting in the Chambers and hopes that this is the same for those watching the meeting on television.
Mr. McGiffin reminded members to mark their calendar for June 27, 2009 for the next African American Festival.
On behalf of the Youth Advisory Council, Mrs. Russell thanked the Clerk’s Office, Mrs. Sherwanda Rachal, and others involved in bringing the Council to fruition.
Mr. Leary reminded members that there will be a celebration for St. Patrick’s Day downtown on March 14th and invited everyone to participate.
Mr. Leary moved for adjournment, seconded by Mrs. Williams and unanimously carried.
Meeting Adjourned at 8:10 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of February 23, 2009, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Correspondence dated February 23, 2009, from Mr. Ray Allen, President of the Board of Directors of Maple Dale