UTILITY COMMITTEE
The Utility Committee Meeting was held on August 11, 2008 at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. McGiffin, Mr. Cregar, and Mr. Snaman. Mrs. Williams was absent. Council President Hogan was also present.
AGENDA ADDITIONS/DELETIONS
Mr. McGiffin moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried.
Request for Alley Abandonment (paper) - 1124, 1128, and 1130 Forrest Avenue - Ennis Business Associates, L.L.C.
A request was received from Mr. Bruce C. Ennis, Managing Member of Ennis Business Associates, LLC., for the abandonment of an alley which runs southerly 215 feet from Forrest Avenue and then easterly 200 feet between 1124, 1128 and 1130 Forrest Avenue. The alley is unimproved and is considered to be a “paper” alley; therefore, it does not require review by the D.A.C. or Planning Commission. Members were provided a map of the area and a summary of comments submitted by City departments.
Staff provided members with a line drawing map of the area surrounding the requested alley abandonment (Attachment #1). Mr. Koenig, Public Services Director, advised members that he met with Mr. Ennis to review the alley abandonment and that it was Mr. Ennis’ opinion that the alley actually extends approximately 100’ east. He indicated that there seems to be a discrepancy in the tax parcel map with the deeds of the properties.
Staff recommended approval of the “paper” alley abandonment, to include the extended alley to the east property lines, should the deeds reflect the paper alley, and with a parcel consolidation plan as a condition of approval. In addition, all of the requested easements (utility and public access) should be granted without compensation if the abandonment is authorized by City Council.
Responding to Mr. Ruane, Mr. Koenig advised members that since all adjacent properties are owned by Ennis Business Associates, LLC., it is not necessary to have a public hearing on the abandonment.
At the request of Mr. McGiffin, Mr. Ennis explained that there are six (6) different parcels owned by Ennis Business Associates, LLC: four (4), 50’ lots, and two (2), 3 acre parcels, which are located in the rear.
In reviewing the comments submitted by City staff, Mr. Ennis requested assurance that the entire length and width of the alley is abandoned. With regards to there being a main electrical circuit/feeder running through the alley, although he is not aware of any, he assured members that there would be no issues involved with signing an easement as requested. Mr. Ennis referred to the concern relayed by the Public Services Department for providing the City the opportunity to extend a public access easement service for a service road scenario. He stated that there is extensive depth involved with the property and suggested that any request to provide for a service road should be considered by the City under a site development plan, which should be forthcoming upon sale of the property. It was his opinion that the request to set forth an area 1,000’ deep, 400’ across for a service road in order to be granted an alley abandonment is not appropriate. He suggested that the word “must” as indicated in the comments provided by the Public Services Department be replaced with the word “should”.
Mr. DePrima advised members that he met with the Public Services Director, Mr. Koenig, and that they concur with Mr. Ennis regarding the access easement for a service road. He explained that staff was not requesting such dedication of land to be considered as a part of the alley abandonment but rather to put the property owner on notice of plans for a future service road. Mr. DePrima stated that the appropriate time for such consideration would be during site plan review and reiterated that the purpose of the language was to put the owner and any future owners on notice.
Mr. Ruane suggested that members temporarily table this matter to allow staff the opportunity to provide a revised recommended motion that would address any concerns and contingencies prior to committee action.
Mr. Cregar moved to table the matter, seconded by Mr. McGiffin and unanimously carried.
Mr. McGiffin moved to remove the alley abandonment request from the table, seconded by Mr. Snaman and unanimously carried.
Mr. Koenig provided members with a proposed motion for their consideration of the request for alley abandonment, as follows: Staff recommended favorable consideration of the paper alley abandonment to include the paper alley which runs 215 feet from Forrest Avenue in a southerly direction and 200 feet in an easterly direction to property now or formerly owned by Cardiology Consultants. In addition, staff recommended and is supportive of a future parcel consolidation plan, as well as a site development plan, for the parcels; both final utility easements and a public access easement will be requested by the City of Dover during the site development process.
Mr. Ennis indicated his concurrence with the recommendation provided by staff.
Mr. Cregar moved to recommend approval of staff’s recommendation, seconded by Mr. Snaman and unanimously carried. (City Clerk’s Note: In accordance with the City’s Procedure for Alley Abandonments, a Resolution setting the Public Hearing (Attachment #2) will be presented to Council for consideration for adoption.)
Mr. Koenig also requested the continuation of any existing easements on the properties.
Mr. Ennis confirmed his support for the continuation of any existing easements on the properties.
After much discussion, Mr. DePrima assured members that staff can determine if there are any existing easements on the properties and submit a report when this matter is presented to Council. He stated that requests for alley abandonments typically include maintaining any easements.
Responding to Mr. McGiffin, Mr. Lunt indicated that although there may be a utility line within the alley, there is a possibility that there may not be a specific easement for the utility line since it would be located within the alley. Should staff determine that such a utility line exists, he stated that an easement should be granted to the City and considered with the alley abandonment.
Update on the Expenditures to Resolve the Brown Water Issue
Mrs. Duca, City Engineer, reviewed a presentation of the Water Quality Expenditure Update (Attachment #3). She reminded members that the City began experiencing brown water concerns in December 2002 when the City was mandated to chlorinate the water system. To assist in resolving these concerns, the City has invested in improvements. The 2006 Water Quality Evaluation indicated that there was no single solution to the City’s brown water problem. Since 2002, the City has invested in making improvements to the water production, the distribution system, operations, and additional engineering.
Members were also provided details regarding all expenditures relative to water quality. Mrs. Duca assured members that staff will continue to make improvements to the City’s aging water system infrastructure and alleviate brown water concerns.
Responding to Mr. Ruane, Mrs. Duca indicated that there have been improvements resulting from the deep well contact chambers. In regards to the flushing, she stated that staff is in the process of determining the actual cost of services for budgeting purposes.
Mr. Ruane relayed his appreciation to Mrs. Duca for the clarity provided in presenting the information to members regarding this important issue.
Mr. McGiffin moved to recommend acceptance of the report presented on the Water Quality Expenditure Update and commended staff for the clarity and information included in the report. The motion was seconded by Mr. Snaman and unanimously carried.
PACE/NAES Monthly Report (June)
During their meeting of July 28, 2008, members were provided the PACE/NAES Monthly Reports for June 2008. The committee deferred its consideration to allow staff the opportunity to summarize the yearly comparison of the data to present to members.
Mr. DePrima introduced Mr. Francis Hodsoll, Pace Global, who reviewed a presentation of the City of Dover Fiscal Year Energy Cost in Review for 2007-2008 (Attachment #4).
In regards to the SO2 Market, Mr. Hodsoll explained that the DC Circuit Court determined that EPA should not have written what is known as the Care Rule. As a result, there was a large supply of SO2 allowances in the market place. The market expected that if the Care Rule was in place, inventory of SO2 would dramatically be decreased since the EPA had a 2:1 conversion to be replaced by 2010. When the Care Rule was vacated by the DC Circuit Court, Mr. Hodsoll stated that it was realized that there was a large stockpile of allowances with nothing available for its reduction, which resulted in a decrease in its price.
Due to time constraints, Mr. Ruane requested that members defer discussion regarding the Dover 2030: Current Status of Proposal Process and Enhanced Reporting for FY2008 to the next committee meeting. He also noted that there are items discussed that will require further consideration by members at a future meeting.
Mr. Snaman moved to recommend acceptance of the PACE/NAES Monthly Report for June, seconded by Mr. McGiffin and unanimously carried.
Mr. Snaman moved for adjournment, seconded by Mr. Cregar and unanimously carried.
Meeting Adjourned at 5:59 P.M.
Respectfully submitted,
Eugene B. Ruane
Chairman
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Attachments
Attachment #1 - Line Drawing Map of the Area Surrounding the Requested Alley Abandonment
Attachment #2 - Resolution - Alley Abandonment (Paper) - 1124, 1128, and 1130 Forrest Avenue
Attachment #3 - Presentation: Water Quality Expenditure Update (to original and file copy)
Attachment #4 - Presentation: City of Dover Fiscal Year Energy Cost in Review for 2007-08 (to original and file copy)