REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 9, 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, Deputy Fire Chief Christiansen, 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.
Dr. Joel Halpern, 885 S. Governors Avenue, requested that City Council take action regarding the parking problem along South Governors Avenue.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Slavin moved for approval of the agenda as presented, seconded by Mr. McGlumphy and unanimously carried.
Mr. McGiffin moved for approval of the consent agenda as presented, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 26, 2009
The Minutes of the Regular Council Meeting of January 26, 2009, were unanimously approved by motion of Mr. McGiffin, seconded by Mr. Salters and bore the written approval of Mayor Carey.
PRESENTATION - RECOGNITION OF SERVICES - MITTIE KELLY - DOVER HUMAN RELATIONS COMMISSION
On behalf of members of Council, Mayor Carey presented Ms. Mittie Kelly with a Dover Cup in recognition of her years of service on the Dover Human Relations Commission and noted the many accomplishments of the Commission during her tenure.
Ms. Kelly stated it was her pleasure serving as a member of the Commission and thanked the City for providing her the opportunity.
PROPOSED RESOLUTION - NO. 2009-08 - ARMSTRONG BARRATT CULLEN, JR.
The City Clerk read a proposed Resolution (No. 2009-08) expressing the Mayor and Council’s deepest sympathy to the family members of Mr. Armstrong Barratt Cullen, Jr., who passed away on February 2, 2009.
By motion of Mr. Salters, seconded by Mr. Leary, Council, by a unanimous roll call vote, adopted the following Resolution:
COUNCIL RESOLUTION 2009-08
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of Armstrong Barratt Cullen, Jr., who passed away on February 2, 2009; and
WHEREAS, Armstrong Barratt Cullen, Jr. began his public service with the City of Dover when he was appointed to the Planning Commission in 1966, and during his tenure with the Commission, served as Chairman from 1969 through 1974 and from 1985 through February 1987; and
WHEREAS, Armstrong Barratt Cullen, Jr. was sworn into office as Councilman of the First District of the City of Dover on February 11, 1974 - a position in which he served with distinction until February 9, 1976; and
WHEREAS, during his term as Councilman, Armstrong Barratt Cullen, Jr. served on the Committee of Committees and as Chairman of the Parks, Playground and Trees Committee and the Safety Advisory Committee; and
WHEREAS, Armstrong Barratt Cullen, Jr. earned the respect, admiration, and high regard of all with whom he came into contact during his public service and will be remembered as having generously contributed his time and expertise for the good of the community; and
WHEREAS, the Dover community has sustained a great loss in the death of Armstrong Barratt Cullen, Jr.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their deepest sympathy to the members of Armstrong Barratt Cullen, Jr.’s family and hope that they will be consoled by the memories of his life and achievements.
2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent records of the City of Dover in recognition of Armstrong Barratt Cullen, Jr.’s many contributions to the community.
ADOPTED: FEBRUARY 9, 2009
PROPOSED RESOLUTION - NO. 2009-09 - DAVID JULIAN MASSEY
The City Clerk read a proposed Resolution (No. 2009-09) expressing the Mayor and Council’s deepest sympathy to the family members of Mr. David Julian Massey, who passed away on February 4, 2009.
By motion of Mr. Leary, seconded by Mr. Ruane, Council, by a unanimous roll call vote, adopted the following Resolution:
COUNCIL RESOLUTION 2009-09
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of David Julian Massey, who passed away on February 4, 2009; and
WHEREAS, David Julian Massey began his public service with the City of Dover when he was appointed to the Planning Commission in 1972. During his seventeen year tenure with the commission, he served as Chairman for nine of those years; and
WHEREAS, David Julian Massey was sworn into office as Councilman of the Second District of the City of Dover on February 10, 1964 - a position in which he served with distinction until February 14, 1966; and
WHEREAS, during his term as Councilman, David Julian Massey served as a member of the Parks, Playground and Trees Committee, and the Safety Advisory Committee; and
WHEREAS, David Julian Massey earned the respect, admiration, and high regard of all with whom he came into contact during his public service, and he will be remembered as having generously contributed his time and expertise for the good of the community; and
WHEREAS, the Dover community has sustained a great loss in the death of David Julian Massey.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their deepest sympathy to the members of David Julian Massey’s family and hope that they will be consoled by the memories of his life and achievements.
2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent records of the City of Dover in recognition of David Julian Massey’s many contributions to the community.
ADOPTED: FEBRUARY 9, 2009
On behalf of the Mayor and Council, Mayor Carey presented the Resolution to Mrs. Massey (spouse) and Mrs. Sidel (daughter) in honor of the contributions Mr. Massey provided the City of Dover.
UTILITY COMMITTEE REPORT - JANUARY 26, 2009
The Utility Committee met on January 26, 2009 with Chairman Ruane presiding.
Draft Letter to Legislators Addressing the Issue of the Clean Air Interstate Rule (CAIR) Vacation and How it is Impacting the City of Dover
During their meeting of September 22, 2008, members were provided information regarding the changes to the sulfur dioxide allowance market and it was explained that Title IV of the 1990 Clean Air Act Amendments enabled the first market-based mechanism for controlling emissions and created the SO2 allowance. Members were reminded that the DC Circuit Court vacated CAIR and, as a result, there is an abundance of SO2 allowances in the market place. It was suggested that Congress would like to address these allowances, which would return the value of the SO2 allowances. At that time, Mr. Ruane suggested that when the City is presented with opportunities, such as this, they should be discussed with the legislators.
After further discussion regarding this matter during their meeting of December 8, 2008, members
authorized the City Manager to prepare a draft letter to the City’s legislators addressing the issue of the CAIR vacation and how it is impacting the City of Dover.
As directed, members were provided a draft letter to the City’s legislators for their review and recommendation.
Major Kosior stated that “court” on line 17 should be capitalized.
Mr. Ruane noted that, during their December meeting, members were provided specific budgetary amounts (PACE/NAES Report). He suggested that these amounts be included in the narrative to provide a better understanding of the criticality of this issue. Concurring, Mr. DePrima suggested that after the word “investments” on line 45, a sentence could be included that would quantify the issue.
The committee recommended approval of the letter as amended.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation (Exhibit #1), seconded by Mr. Salters and carried by a unanimous roll call vote.
PACE/NAES Monthly Report (November and December)
Members were provided the PACE/NAES Monthly Reports for November and December 2008. The reports are being provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions.
Mr. Ruane recommended that staff issue a press release to educate the public regarding the City’s completion of the Pollution Remediation Project and to provide a better understanding of the City’s costs. Responding, Mr. DePrima requested that members consider this suggestion during the next month’s review of the PACE/NAES Report. At the conclusion of that meeting, he indicated that staff could have a press release prepared.
Discussion - State Energy Plan
Pursuant to Delaware Code, 29 Del.C. Subch. II, "The Delaware Energy Act," the Governor’s Energy Advisory Council is charged with spearheading the updating of the Delaware Energy Plan every five (5) years. The plan also includes a process for public input and measures for progress in attaining goals identified in the Energy Plan. The previous report developed by the Governor's Energy Task Force was released in the fall of 2003, while the new plan is expected to be developed and completed by spring of 2009.
Five (5) workgroups were established in the energy planning process to review current policies, resources and to make recommendations to the Governor’s Energy Advisory Council for Delaware's future energy goals, targets and policies. Members were provided details regarding the workgroups and their activities. These workgroups had completed their work and presented recommendations to the Governor’s Energy Advisory Council, which reviewed the recommendations during their meeting of January 22, 2009. Members were provided revised draft recommendations and advised that complete copies of the reports of the working groups are available at www.dnrec.delaware.gov/Admin/Pages/DelawareEnergyPlan.aspx.
Mr. Ruane advised members that it was his observation, during meetings he attended, that Delmarva is moving in the direction of trying to assure that whatever mandates the General Assembly is asking of them are passed on to the local utility. It was his opinion that the more the City anticipates this and moves forward with other projects, such as Bluewater Wind, 2030 Energy Planning, etc., the better position the City will be in to meet any mandates since the City has already been voluntarily and pro-actively moving in this direction without a mandate.
Mr. Ruane suggested that Ms. Andrea Kreiner, Principal of A.Kreiner Company, be invited to attend a future committee meeting to review the recommendations and the implications to the local utilities.
By consent agenda, Mr. McGiffin moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 26, 2009
The Legislative, Finance, and Administration Committee met on January 26, 2009 with Chairman Slavin presiding.
Actuary Presentation - Other Post Employment Benefit (OPEB)
Mrs. Mitchell, Controller/Treasurer, introduced Mr. Randy Gomez from Alliance Benefit Group who reviewed a Presentation of GASB 45 Results for 2008/09.
In reference to Mr. Slavin regarding the City’s current costs associated with healthcare coverage (100% responsible for employee; 75% responsible for employee’s spouse), Mrs. Mitchell indicated that this policy has been in effect for 20+ years. Mr. Gomez stated that this healthcare coverage benefit is very common in Delaware and the region, less common as you move westward in the country.
Mr. Gomez advised members that in the next 10 years, the City’s costs for healthcare coverage will double and explained the assumptions for this determination. He explained the advantages of pre-funding with an OPEB Trust and the City’s benefits for participating in the State’s health plan. He also explained other methods to manage liability.
Mr. Slavin noted that this is a very preliminary presentation and that it should not be misconstrued to indicate that the City is contemplating the elimination of or a change in benefits for employees and questioned the next step to be considered. Responding, Mrs. Mitchell explained that the City has taken the first step (10 year phase in) to allow the City to work through contract negotiations during the next three (3) to four (4) years. She advised members that the City is just beginning its first contract negotiations and that the plan is to negotiate through union contracts to provide the necessary cost savings.
Although there are costs associated with healthcare benefits, Mr. McGlumphy indicated his desire for the City to maintain providing health benefits as it is a critical and valuable benefit that government has been able to provide their employees. He requested that action be taken to allow the City to meet the requirements and provide healthcare benefits to the employees.
No further action was taken by the committee.
Financial Advisor Services Contract
In accordance with the City of Dover Debt Management Policy, the Finance Department completed a solicitation for Financial Advisory Services. Mrs. Mitchell, Controller/Treasurer, advised members that four (4) proposals were received and reviewed. Based upon their review, staff recommended the selection of Public Financial Management, Inc. of Philadelphia, PA. Members were provided additional information regarding the financial advisor scoring sheet and list of rates and services. She reminded members that, as in the past, all fees related to these services are paid out of the bond proceeds and not budgeted as current expenses in the City budgets.
Staff recommended the approval of a five (5) year service contract for financial advisor services with Public Financial Management, Inc.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation for approval of a five (5) year service contract from financial advisor services with Public Financial Management, Inc. (Exhibit #2). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. McGiffin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
MONTHLY REPORTS - DECEMBER 2008
By motion of Mr. McGiffin, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning Director’s Report
CIP Report
ANNUAL REPORTS - DOVER HUMAN RELATIONS COMMISSION AND FIRE DEPARTMENT
By consent agenda, Mr. McGiffin moved for acceptance of the Annual Reports of the Dover Human Relations Commission and Fire Department (as on file in the Office of the City Clerk), seconded by Mr. Salters and carried by a unanimous roll call vote.
CONTRACT FOR ENVIRONMENTAL LEGAL SERVICES (WILLIAM A. WHITE)
Mr. DePrima, City Manager, advised members that the City of Dover has been identified as a “Potential Responsible Party” in a series of lawsuits involving the Ward Transformer Superfund Site in Raleigh, North Carolina. The City has been identified in these law suits because it has been alleged that sometime prior to 1990, the City disposed of or had electric transformers repaired at the Ward Site. The site has been identified as a Superfund Site due to pollution from PCB’s contained in cooling oil within the Transformers of that period.
Mr. DePrima indicated that the Assistant City Solicitor recommended finding an Environmental Attorney from North Carolina who is knowledgeable of the situation. Mr. White worked with the City on a similar case and is already representing other potential responsible parties. Members were provided a proposal provided by Mr. White and a Joint Defense Agreement, which will allow him to represent the City and other clients collectively.
Staff recommended authorizing the City Manager to sign the representation letter from Mr. William White dated December 23, 2008 and Ward Transfer Site Joint Defense Agreement.
Mr. Salters moved for approval of staff’s recommendation authorizing the City Manager to sign the representation letter from Mr. White dated December 23, 2008 (Exhibit #3) and the Ward Transfer Site Joint Defense Agreement (Exhibit #4). The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote.
EVALUATION OF BIDS - 2030 POWER PLANT DEVELOPMENT - PHASE 3
Members were reminded that since May 2007, the Dover 2030 Energy Committee has been meeting almost monthly to review the PJM Market, evaluate the capacity/energy requirements of our system, and identify action plans to address future energy needs. After extensive discussion on the market and capacity/energy shortfall, it was decided to solicit the energy development market to gain knowledge of what options are available to the City through a Request for Qualifications process. The goal was to gain information and knowledge from the potential developers and identify possible solutions to our requirements. This concept was outlined at the January 14, 2008, Utility Committee Meeting. Phase II of the project was then completed, which was the evaluation of the proposals and the selection of four (4) options in which to enter negotiations.
Mr. DePrima, City Manager, explained that the recommended negotiated contract will be to compensate Pace Global Asset Management, LLC (PACE) for the expenses related to this negotiation. The authority to enter this partnership was outlined in the May 4, 2006 Energy Management Agreement whereby the City and PACE contracted to assist the City with its energy procurement, energy sale, purchase of fuels, establishment and management of risk policies, operation of assets, development and management of hedging protocols and related energy procurement challenges. Within this Agreement, Article 3 - Energy Manager Function, Section 3.1 (a) (iv) allows for other technical/consulting services at the disclosed hourly rate upon express written requests and instructions from the City. Mr. DePrima noted that PACE has outlined the scope of work and associated charges in the RFP which was provided to members. Within this proposal, he stated that they anticipated that the third phase of this process will take approximately 17 months, with a cost not to exceed $350,000 for the anticipated scope of work.
Staff recommended that the City Manager be authorized to execute the Pace Global Asset Management Generation RFP Phase 3, as presented, for a not to exceed amount of $350,000.
At the request of Mr. DePrima, Mr. Francis Hodsell of PACE briefed members on the third phase of this project, explaining that the objective is to negotiate with developers and others to present contracts to the City Council. He advised members that there currently is the opportunity for the City to develop generation plants: 1) a gas fired power plant at Garrison Tract; 2) a solar plant at Garrison Tract; and 3) an off-take agreement at a plant being built in New Jersey. The services provided by PACE would be negotiations, marketing analysis, etc., as well as supporting public education and clarification of statutory language involving solar projects, which are more complicated.
Mr. Ruane moved to authorize the City Manager to execute the Pace Global Asset Management Generation RFP Phase 3, as presented, for a not to exceed amount of $350,000, seconded by Mr. Salters.
Responding to Mr. McGlumphy, Mr. DePrima confirmed that a total or $300,000 had been budgeted for the current fiscal year and that $160,000 in expenditures had already been approved. The remaining $210,000 will be budgeted in the FY2010 Operation Budget and all expenses included for these fiscal years would total $510,000.
The motion to authorize the City Manager to execute the Pace Global Asset Management Generation RFP Phase 3, as presented, for a not to exceed amount of $350,000, as recommended by staff, was carried by a roll call vote of eight (8) yes and one (1) no (Mr. Leary).
DOVER HUMAN RELATIONS COMMISSION APPOINTMENTS
The following reappointments to the Dover Human Relations Commission, for three (3) year terms to expire February 2012, were presented for consideration:
Recommended by Council President Hogan
Ellen O. Wasfi
Recommended by Mayor Carey
Ivan F. Finney
Anlee Baccio-Walker
Mark S. Monroe
By consent agenda, Mr. McGiffin moved for approval of the reappointments to the Dover Human Relations Commission, as recommended by Mayor Carey and Council President Hogan, seconded by Mr. Salters and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CAREY - DOWNTOWN DOVER PARTNERSHIP - MICHAEL HARRINGTON, SR. - REAL ESTATE PROFESSIONAL WHOSE PRACTICE INCLUDES THE DOWNTOWN DOVER AREA (TO FILL UNEXPIRED TERM OF MR. JIM McGINNIS - TERM TO EXPIRE MAY 2010)
Mayor Carey recommended the appointment of Mr. Michael Harrington, Sr. to serve on the Downtown Dover Partnership, representative of the Real Estate Professional whose practice includes the Downtown Area, for a term to expire May 2010. This appointment is to fill the unexpired term of Mr. Jim McGinnis.
By consent agenda, Mr. McGiffin moved for approval of the appointment of Mr. Harrington, Sr., to the Downtown Dover Partnership, as recommended by Mayor Carey. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCE NO. 2008-44 - ADOPTION OF CITY OF DOVER 2008 COMPREHENSIVE PLAN “FROM THE PEOPLE - FOR THE PEOPLE 2008-2013”, AS AMENDED
Public hearings were held before City Council during their Special Meetings of January 5, 2009, and February 2, 2009, to consider approval of proposed ordinance No. 2008-44, Adoption of the City of Dover 2008 Comprehensive Plan “From the People - For the People 2008-2013”, as amended. The Final Reading and action by Council was tabled during their Regular Meeting on January 12, 2009.
Mrs. Williams moved to remove the matter from the table, seconded by Mr. Leary and unanimously carried.
Mr. Leary moved that the Final Reading of the proposed ordinance No. 2008-44 be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of December 8, 2008)
Planner's Review
Mrs. Townshend, Director of Planning and Inspections, reviewed the materials provided to members, as follows:
1. Listing of specific requests and final actions taken by City Council,
2.Summary of proposed or approved changes to text and maps, and
3.Revised Map 13-1 and 13-2, reflecting the agreement with the State of Delaware.
Mrs. Townshend stated that after working with both the Dover International Speedway and the State of Delaware, staff has developed text and map notes to be added to the 2008 Comprehensive Plan, which are agreeable to both Dover International Speedway and the State of Delaware, as follows:
Map 13-2 Potential Land use for Annexation Areas– Use a hatch mark, to address the Dover International Speedway and surrounding area, with a note to specify:
“Any development in this area will be subject to the provisions of a master plan to be developed in cooperation with the property owner, the State of Delaware, and the City of Dover. If any of this area annexes prior to plans for development, the land will be zoned A (Agriculture Zone). If annexation is associated with a development application, a zoning district will be applied that is compatible with a master plan associated with the property to be annexed. No amendment to the Comprehensive Plan is required as long as development is proposed in accordance with a master plan developed in coordination with the property owner, the State of Delaware, and the City of Dover.” The other lands that “round out” the annexation area will be designated as Agriculture on Map 13-2, except those that are already residentially developed. These will be identified as Residential Low Density.
Text to be added to page 170, at the end of the section on the Strategies for State Policies and Spending:
“In addition, the lands owned by Dover International Speedway (and immediately surrounding these lands), immediately north and south of Leipsic Road, are located within the Level 4 area. If any development is planned in this area, it will subject to a master plan developed in cooperation with the property owner, the State of Delaware, and the City of Dover.”
Text to be added to page 173 of the Comprehensive Plan at the end of the section on Category 2:
One area of land included in the Category 2 annexation area is land owned by Dover International Speedway (and lands immediately surrounding these lands) that is located east of State Route 1, immediately north and south of Leipsic Road. Much of this land is used for RV camping associated with NASCAR racing events.
Because of its location east of State Route 1 and adjacent to active agricultural lands (some of which are in agricultural preservation districts or easements), the City is sensitive to the concerns that any development planned in this area be very carefully planned in a way that respects the natural and agricultural environment. While Dover International Speedway has no immediate plans for development in this area, they have expressed interest in possible annexation of this land into the City. As Map 13-2 Potential land Use for Annexation Areas indicates, the appropriate zoning for this land will be determined at the time of annexation. If any of this area annexes prior to plans for development, the land will be zoned A (Agriculture Zone). If annexation is associated with a development application, a zoning district will be applied that is compatible with a master plan associated with the property to be annexed. No amendment to the Comprehensive Plan is required as long as development is proposed in accordance with a master plan developed in coordination with the property owner, the State of Delaware and the City of Dover.”
Council President Hogan reminded members that the public hearing for items #11A-#11F - Annexation Category - Lands Located East of Route 1, owned by Dover International Speedway was recessed during Special Meeting of February 2, 2009.
Mr. McGiffin moved to reopen the public hearing for the Dover International Speedway property, seconded by Mr. Slavin and unanimously carried.
Mr. David Edgell, representative of the Office of State Planning Coordination (122 William Penn Street), confirmed that several meetings have been held with representatives of the Dover International Speedway, City Planning, State Department of Agricultural (including Secretary Key), and Office of State Planning Coordination. He assured members that the differences involving the properties located east of Route 1, owned by Dover International Speedway, have been resolved and the parties are amenable to the revised language submitted by staff. He thanked the City staff and representatives of Dover International Speedway for their cooperation with the State regarding this matter.
There being no one else wishing to speak, Council President Hogan declared the hearing closed.
Mr. Ruane moved that the proposed change related to the annexation of Dover International Speedway, which is identified on the February 9, 2009, document (Summary of Changes table) as item C-29, be incorporated as a change on the pages and maps that are referenced. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mrs. Williams moved to reopen the public hearing of the Comprehensive Plan regarding Governors Avenue, seconded by Mr. Slavin.
Mr. Ruane relayed concern that not all parties involved with the Governors Avenue issues would have knowledge of the reopening of the public hearing and, for fairness, indicated his opposition to allowing only one (1) party the opportunity to speak.
Mrs. Williams stated that her purpose for reopening the public hearing was to allow clarification of a position at the time of the first public hearing.
Mr. Slavin reminded members that for every zoning text amendment presented to members, a public hearing is held during the meeting that the final reading and action by Council is scheduled. He noted that this is the process that has been in place for many years. He also was interested in obtaining clarification regarding statements that were previously made and questioned if the Governors Avenue area is a residential area or perhaps better suited for mixed use, due to the number of commercial businesses in the area. He requested the opportunity to gather further information prior to making a final decision.
Council President Hogan stated that the City Solicitor has suggested that the public hearing not be reopened since it has not been advertised.
Responding to Mr. Slavin, City Solicitor Rodriguez stated that the motion could be amended to allow the public hearing to reopen on a “date certain” to allow notification to the property owners.
Mrs. Williams moved to amend the motion by reopening the public hearing of the Comprehensive Plan regarding Governors Avenue on March 9, 2009 at 7:30 p.m., seconded by Mr. Salters.
Responding to Mr. McGlumphy, Mrs. Townshend stated that if Council were to move forward with the adoption of the Comprehensive Plan at this time, further amendments could be considered in the future when staff initiates a comprehensive rezoning to proactively rezone land to support implementation of the Comprehensive Plan, which would require the normal process, such as rezoning public hearings, notifications, etc.
In response to Mr. Leary, Mrs. Townshend stated that initially the City’s Comprehensive Plan should have been adopted and submitted to the State by September 2008. It was her feeling that since the State is aware that the City is attempting to work out issues a few more weeks would not cause problems with the State.
Council President Hogan stated that in order to allow for proper notification, the public hearing would need to be scheduled to be held during the Regular Council Meeting of March 9, 2009.
Referring to the suggestion alluded to by Mr. McGlumphy, Mr. Slavin explained the difficulty of residents requesting a rezoning of property that is against the Comprehensive Plan. He stated that if there is a property designated as residential in the Comprehensive Plan and someone submits an application for something other than residential use, there is a significant barrier. However, if the property was designated as “mixed use” in the Comprehensive Plan, there would not be such a significant barrier. It was Mr. Slavin’s opinion that the issue involves providing a balance between the desires of the residents, as well as considering the City’s key economic strategies, which is to take care of the businesses of the City. He suggested that if there is a definition for “mixed use”, it is that stretch of South Governors Avenue. If expediency is an issue, he indicated that members could make a motion to change the land designation; however, it was his feeling that there is a desire to have public input regarding this issue.
Mr. Ruane stated that the City has provided ample time to allow for public input and relayed concern regarding the City’s credibility, explaining that the public was aware of additional public hearings regarding issues and that this was not the case for this evening. He reiterated his objection to further delaying the process.
The motion to reopen the public hearing of the Comprehensive Plan regarding Governors Avenue on March 9, 2009 at 7:30 p.m. failed by a roll call vote of six (6) no and three (3) yes (Mr. Slavin, Mrs. Williams, and Mr. Salters).
Mr. Ruane moved for the adoption of the summary of proposed amendments as outlined A-H and C1-C29 identified on the February 9, 2009 document - Summary of Changes Table (Exhibit #5) to the Comprehensive Plan. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Mrs. Williams moved for the adoption of The Dover Plan: Comprehensive Plan “From the People - For the People 2008-2013”, as amended. The motion was seconded by Mr. Leary, and by a unanimous roll call vote, Council adopted the following ordinance:
CITY OF DOVER PROPOSED ORDINANCE #2008-44
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 701 - Establishment; Membership, of the Delaware Code, the City of Dover established a Planning Commission; and
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 - Comprehensive Development Plan, of the Delaware Code, the City of Dover adopted a
comprehensive plan update on September 22, 2003; and
WHEREAS, Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 - Comprehensive Development Plan, Paragraph (e) of the Delaware Code requires that "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 2003, the City desires to comply with the provisions of Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 - Comprehensive Development Plan, Paragraph (e), of the Delaware Code by reviewing and updating the 2003 Plan; and
WHEREAS, at a special meeting on December 2, 2008, the Dover Planning Commission reviewed and approved the 2008 Dover Comprehensive Plan Final Draft dated October 31, 2008, and has forwarded it, with revisions, to the City Council for adoption; and
WHEREAS, the City Council held public hearings on the 2008 Comprehensive Plan on January 5, 2009, and February 2, 2009, to consider the Planning Commission's recommended Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED THAT the Mayor and Council of the City of Dover adopt The Dover Plan: 2008 Comprehensive Plan “From the People - For the People 2008 - 2013", as amended.
ADOPTED: FEBRUARY 9, 2009
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Ruane relayed appreciation to the Planning staff for their involvement in the Comprehensive Plan process and gratitude to the State for their work, particularly Mr. Edgell and Mrs. Holland.
Mrs. Williams also reiterated appreciation to the Planning staff and for going the “extra mile” by meeting with members of Council for finalization of the Comprehensive Plan.
Mr. McGiffin reminded members to mark their calendar for June 27, 2009 for the next African American Festival.
Mr. Salters announced that on the first Friday in June, there will be an African American Festival to be held on the west side of town.
Mrs. Russell invited everyone to support the youth of the City on February 18, 2009 at 6:00 p.m. and that on April 4, 2009, at the Parks and Recreation Center, there will be a workshop for the youth on the reasons why they should stay away from alcohol, which will be held from 11:00 a.m. to 3:00 p.m. and requested that members attend to show their support.
Mayor Carey thanked the City and State for working together in the completion of the Comprehensive Plan. He also congratulated Mr. DePrima on his achievement for receiving his credentials for becoming a Certified City Manager issued by the International Association of City Manager’s.
Mrs. Williams moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:16 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of February 9, 2009, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Letter to Legislators Addressing the Issue of the Clean Air Interstate Rule (CAIR) Vacation and How it is Impacting the City of Dover
Exhibit #2 - Agreement for Financial Advisory Services - Public Financial Management, Inc.
Exhibit #3 - Representation Letter from Mr. White dated December 23, 2008
Exhibit #4 - Ward Transfer Site Joint Defense Agreement
Exhibit #5 - Summary of Changes Table dated February 9, 2009