REGULAR COUNCIL MEETING

The Regular Council Meeting was held on July 14, 2008 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, and Mr. Salters. Mr. Ruane was absent.

Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, 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 Bishop L.T. Blackshear, who was introduced 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. Salters moved for approval of the consent agenda, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane absent).

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 23, 2008

The Minutes of the Regular Council Meeting of June 23, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Russell and bore the written approval of Mayor Carey.

CERTIFICATE OF RECOGNITION - BISHOP L. T. BLACKSHEAR

The City Clerk read the following Certificate of Recognition into the record:

WHEREAS, Bishop L.T. Blackshear is, at 92 years of age, the oldest active minister in Dover; and

WHEREAS, Bishop L.T. Blackshear is the prelate bishop in and for the State of Delaware; and

WHEREAS, Bishop L.T. Blackshear has been a minister for the Church of God in Christ, where he was ordained over 48 years ago by its founder, Bishop C.H.  Mason.

NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, are honored to present this Certificate of Recognition to BISHOP L.T. BLACKSHEAR on this 14^th Day of July, 2008, in recognition of 48 years of service to the Church of God in Christ and to the people of the City of Dover.

On behalf of the City of Dover, Mayor Carey and Chaplain Dixon presented the Certificate to Bishop L.T. Blackshear in recognition of his dedicated service. Bishop Blackshear expressed his appreciation for the recognition and indicated his intentions to continue to assist in the betterment of the City.

CERTIFICATE OF RECOGNITION - COUNCILMAN REUBEN SALTERS

The City Clerk read the following Certificate of Recognition into the record:

Certificate of Recognition

presented to

Mr. Reuben Salters

The Mayor and Council thank you for the dedication and devotion

                                              you have shown over the years with the
                                                        African American Festival.

Presented to you on

July 14^th, 2008

On behalf of the City of Dover, Mayor Carey presented the Certificate to Councilman Salters in recognition of his dedication and devotion. Mr. Salters relayed appreciation for the support provided by the City staff, as well as the citizens of the City that have assisted in the success of the African American Festival.

Mr. Salters introduced Ms. Kathrina Stroud and Mr. J.D. Shelton, who will be assuming his responsibilities for the African American Festival.

PRESENTATION - LUTHER TOWERS - PILOT

Due to the unavailability of a representative from Luther Towers, the presentation will be rescheduled for a later date.

PRESENTATION - SOLAR PANEL INSTALLATION

Mr. DePrima introduced Mr. Jeremy Johnson of the Public Utilities Department, who reviewed a presentation of the Public Utilities Solar Panel Installation (Exhibit #1).

PRESENTATION - RELIABLE PUBLIC POWER (RP₃) AWARD

Mayor Carey introduced Mr. Ron Lunt, Public Utilities Director, and Mr. Richard Gardner of the Public Utilities Department. Mr. Lunt advised members that a Certificate was awarded to the City of Dover by the Reliable Public Power Provider (RP₃) in recognition of the City’s achievement in reliability, safety, workforce development, and system improvement.

On behalf of the City of Dover, Mayor Carey relayed congratulations to the City staff for their achievement.

PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2007

The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mrs. Donna Mitchell for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2007. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.

Mayor Carey presented Mrs. Mitchell, Controller/Treasurer, with a plaque. Mrs. Mitchell stated that receipt of the award is the result of the dedication and hard work of the Finance Department staff, along with all other City staff, and thanked members of Council for their support. She gave special recognition to Mrs. Tracy Lisiecki, Accounting and Financial Manager, who has spearheaded the CAFR during the past couple of years.

RESOLUTION RATIFYING ELECTRIC BOND SALE

Mrs. Mitchell, Controller/Treasurer, reminded members that the City will be issuing $22,200,000 of Electric Revenue Bonds. As a result, she explained that a Resolution is required to ratify the Electric Bond Sale, which occurred on July 1, 2008. She requested that paragraph 8 be amended to indicate that the Trustee shall be the paying agent as well as the registrar for the 2008 and 2004 Bonds rather than the City of Dover.

Mr. Slavin moved for adoption of the Resolution, as amended (Exhibit #2), seconded by Mr. Leary, and carried by a unanimous roll call vote (Mr. Ruane absent).

PUBLIC HEARING - RECONSIDERATION OF REZONING/ONE YEAR LIMITATION EXPIRATION - NORTH SIDE OF WHITE OAK ROAD AND NORTHEAST OF THE INTERSECTION OF WHITE OAK ROAD AND HALSEY ROAD, OWNED BY LEON AND DOROTHY HANSEN

In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council.

Members were reminded that during their Regular Meeting of September 11, 2006, City Council approved the rezoning of property located on the north side of White Oak Road and Northeast of the intersection of White Oak Road and Halsey Road, from CPO (Commercial/Professional Office Development) to I/O (Institutional and Office). The property is owned by Leon and Dorothy Hansen. Members were advised that a rezoning extension was denied by members of Council during their Regular Meeting of September 24, 2007.

A First Reading of the ordinance reverting the property to its prior zoning classification was read during the Council Meeting of May 27, 2008.

Mr. Salters moved that the Final Reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried.

Mrs. Townshend, Director of Planning and Inspections, advised members that the Planning Commission recommended adoption of the rezoning ordinance reverting the zoning classification for property located on the north side of White Oak Road and Northeast of the intersection of White Oak Road and Halsey Road from I/O (Institutional and Office) to its original zoning classification of CPO (Commercial/Professional Office Development).

Council President Hogan declared the public hearing open. There being no one present wishing to speak, Council President Hogan declared the public hearing closed.

Mr. Leary moved for adoption of the rezoning ordinance, seconded by Mrs. Williams, and by a unanimous roll call vote (Mr. Ruane absent), Council adopted the following ordinance:

CITY OF DOVER ORDINANCE # 2008-28

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF WHITE OAK ROAD AND NORTHEAST OF THE INTERSECTION OF WHITE OAK ROAD AND HALSEY ROAD

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 IO (Institutional and Office) to C-PO (Commercial/Professional Office Development).

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 IO (Institutional and Office) to C-PO (Commercial/Professional Office Development) on that property located on the north side of White Oak Road and northeast of the intersection of White Oak Road and Halsey Road, consisting of 1.1152 +/- acres, owned by Leon and Dorothy Hansen.

ADOPTED:    JULY 14, 2008

PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT THE INTERSECTION OF NEW BURTON ROAD AND WEBBS LANE (429 WEBBS LANE), OWNED BY NEWBOFOX PROPERTIES, LLC

A public hearing was duly advertised for this time and place to consider rezoning of property located at the intersection of New Burton Road and Webbs Lane (429 Webbs Lane), owned by Newbofox Properties, LLC. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is C-2A (Limited Central Commercial).

Mr. Salters moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of May 27, 2008).

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3).

Public Hearing

Council President Hogan declared the hearing open. There being no one present wishing to speak, Council President Hogan 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. Leary and by a unanimous roll call vote (Mr. Ruane absent), Council adopted the following ordinance:

CITY OF DOVER ORDINANCE #2008-27

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE INTERSECTION OF NEW BURTON ROAD AND WEBBS LANE 429 WEBBS LANE).

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 C-3 (Service Commercial) to C-2A (Limited Central Commercial).

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 C-3 (Service Commercial) to C-2A (Limited Central Commercial), consisting of 2.20+/ acres on that property located at the intersection of New Burton Road and Webbs Lane (429 Webbs Lane), owned by Newbofox Properties, LLC.

ADOPTED:    JULY 14, 2008

 

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 23, 2008

The Legislative, Finance, and Administration Committee met on June 23, 2008 with Chairman Slavin presiding.

Financial Policy Review

Members were provided a revised Financial Policy for their consideration. Mrs. Mitchell, Controller/Treasurer, reviewed a presentation of the Financial Policies and proposed changes. She reminded members that the goal is to achieve the objectives of the policies without placing fiscal hardship on the City or its citizens. Mrs. Mitchell also reviewed proposed amendments to the Finance Department Procedure for Budget Administration - Guidelines for Operating Departments. She explained that this procedure is intended to permit the redistribution of funds in departmental budgets and establishes the procedure to be followed when the approval of a supplemental appropriation is requested. It restricts the redistribution of capital outlay accounts.

Responding to Mr. Ruane regarding the Electric Rate Stabilization Reserve, Mrs. Mitchell stated that if the City were able to accumulate10% of the purchase power costs, the excess amounts would be available to prevent a higher rate increase. Mr. Ruane suggested that the policy include a statement indicating that if the balance exceeds 10% of the purchase power costs in any given year, the difference would be utilized to lessen the percentage of rate increase necessary for that year. He felt that this would provide an understanding that the City would not accumulate balances. Mrs. Mitchell assured members that such an affirmative statement would be included in the Policy.

Mr. Ruane questioned if staff conducts periodic reviews of the incentives provided by the City, feeling that there should be standardized time-frames established for reviewing revenue losses as well as gains. Responding, Mrs. Mitchell indicated that there are no required reviews of the incentives included in the Financial Policies. Mr. Ruane recommended that the Controller/Treasurer review this issue and submit a recommendation for a periodic review of incentives due to their annual and long-term impact on the budget.

Referring to the Revenue Policy, Page 2, Item 10 - Operating Transfers from Utilities to General Fund, Mr. Ruane relayed his concerns regarding the use of a percentage of utility operating revenues, particularly in today’s market.

In response to Mrs. Williams regarding the proposal for eliminating Council’s approval of budget ordinances for budget revisions, Mrs. Mitchell explained that any budget revision requests that are within the parameters of the budget amendment procedure and Charter guidelines must be approved by both the City Manager and herself as Controller/Treasurer. Therefore, she felt assured that there is adequate control and the need for Council’s approval is not necessary; however, if a request is not within the parameters of City procedures or Charter guidelines, then Council approval would be necessary.

Referring to Mr. Ruane’s comments regarding the use of a percentage of the extra funds from the utilities to be transferred to the General Fund, Mrs. Mitchell advised members that she conducted the calculation in the forecast model from fiscal year 2009 to 2013 and determined what those transfers would be increased (by a percentage) due to the revenue increasing. She stated that in fiscal year 2009, that increases the General Fund revenue to $429,000 and in 2013, to $635,000, which is representative of the 6½% and 4½% from the utilities increase. Mrs. Mitchell noted that the City has capital asset reserves funded for asset replacements. The City Manager has explained that when a new water or sewer line is installed, the streets are damaged. Since the General Fund pays for street improvements, she stated that it is the City Manager’s opinion that the transfer allows for the utility to help recover some of the costs that it created. Concurring, Mrs. Mitchell advised members that she planned to suggest that the increases be earmarked to go to the capital asset reserve for recovering such costs; however, this suggestion has not been included in the policies at this time.

Due to time constraints, Mr. Salters suggested acceptance of the report for further discussion. For clarification, Mr. McGlumphy indicated that as a result of the explanation provided regarding the transfer of funds from the utilities to the General Fund, members will have additional questions of the Controller/Treasurer and the City Manager.

The committee recommended acceptance of the report for further discussion.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane absent).

2008 Comprehensive Plan Review: Growth and Annexation Plan, Land Development Plan, and Economic Development

Mrs. Townshend, Director of Planning and Inspections, provided members with Chapter 10 - Economic Development, Chapter 9 - Transportation, Chapter 12 - Land Development, and Chapter 13 - Growth and Annexation of the 2008 Comprehensive Plan Update for their review.

The committee recommended deferring consideration of the 2008 Comprehensive Plan Review until the next meeting.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane absent).

By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane absent).

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JUNE 24, 2008

The Safety Advisory and Transportation Committee met on June 24, 2008 with Chairman Hogan presiding.

2008 Comprehensive Plan Review: Transportation Chapter

Mrs. Townshend, Director of Planning and Inspections, provided members with Chapter 9, Transportation, of the 2008 Comprehensive Plan Update for their review.

Mr. Ruane referred to the various recommendations included in Chapter 9 and suggested that the reasons for the improvements be included to assist in obtaining support, as well as solutions. He also suggested that the objective of the recommendation, as well as a time line, be included in the Plan. He felt that another missing element was a traffic impact analysis and the adverse impacts of traffic and the connection between development and traffic, mitigation, and concurrence. He explained his feeling that there should be a recommendation for the City to review its use of traffic impact analysis and examine the code requirements to determine if they should be strengthened to come closer to adequate facility requirements, such as those adopted by New Castle and Kent Counties.

Mrs. Townshend relayed her fear of making it burdensome for development in Dover, explaining that those who may be interested in Dover would move to other surrounding communities, such as Camden and Smyrna.

Referring to the West Dover Connection Section, Mr. Ruane suggested that there be an indication that City Council has taken a position and that the recommendation include the specific position taken (option #5.c) and the reasons. He commended staff on the comments included regarding Air Quality; however, he suggested that global warming be a topic that should be included in the Plan. It was his feeling that the City of Dover has an obligation and opportunity to lessen the carbon created by transportation in its own vehicles (Cool Cities Program).

Mr. Ruane noted that there were no recommendations regarding the switching yard problems referenced in the Rail Transportation Section. He suggested that staff include a previous recommendation of the committee that was adopted by City Council for the City to work with DelDOT, DNREC, the chemical companies, and the railroad to secure locations. Responding to Mrs. Townshend regarding the recommendations being included in the Emergency Services Section of the Plan, Mr. Ruane felt that redundancy throughout the Plan would not be a problem.

Responding to Mr. Leary, Mrs. Townshend suggested that a revised draft of the Transportation Chapter could be presented to members during their meeting of July 29^th. In addition, she stated that the Community Services Chapter, which includes a section on public safety, could be presented to members during that time as well.

Comments by Wayne Hutchison, Emergency Management Coordinator

Mr. Wayne Hutchison, Emergency Management Coordinator, advised members of the role and responsibilities of his position with the City of Dover, serving as liaison between emergency services and the City. He explained his association with various outside agencies such as DEMA, Kent County Emergency Operations, etc. He indicated that a revised Emergency Operations Plan should be completed within the next six (6) months.

Members suggested that Mr. Hutchison review those chapters of the 2008 Comprehensive Plan regarding safety issues in order to provide comments.

Mr. Hutchison requested the opportunity to meet with the Chairman of the committee, as well as the Mayor, City Manager, Director of Public Services, and the Fire Chief to clarify what circumstances would activate the Emergency Management Coordinator position in order to avoid any misunderstandings.

By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane absent).

ANNEXATION/REZONING REQUEST/FIRST READING - 1156 SOUTH GOVERNORS AVENUE, OWNED BY PILGRAM HOLINESS CHURCH AND THE CHURCH OF CHRIST, INC.

A request was received for annexation and rezoning of property located at 1156 South Governors Avenue, owned by Pilgram Holiness Church and The Church of Christ, Inc. The property is currently zoned BG - General Business and RS-1 - Single Family Residence (Kent County) and the requested zoning is C-2A - Limited Central Commercial (City of Dover). Staff recommended that the request be referred to the Utility Committee on July 28, 2008, the Planning Commission on August 18, 2008, and that a public hearing be set for September 22, 2008 at 7:30 p.m.

Mr. Leary moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. Salters and unanimously carried.

In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments 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 PROPERTY LOCATED AT 1156 SOUTH GOVERNORS AVENUE

ANNEXATION/REZONING REQUEST/FIRST READING - 1154 SOUTH GOVERNORS AVENUE, OWNED BY CGS, LLC

A request was received for annexation and rezoning of property located at 1154 South Governors Avenue, owned by CGS, LLC. The property is currently zoned BG - General Business and RMH - Residential Manufactured Home (Kent County) and the requested zoning is C-2A - Limited Central Commercial (City of Dover). Staff recommended that the request be referred to the Utility Committee on July 28, 2008, the Planning Commission on August 18, 2008, and that a public hearing be set for September 22, 2008 at 7:30 p.m.

Mr. Salters moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. McGlumphy and unanimously carried.

In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments 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 PROPERTY LOCATED AT 1154 SOUTH GOVERNORS AVENUE

FINAL READING - PROPOSED ORDINANCE

The First Reading of the following proposed ordinance was accomplished during the Council Meeting of June 23, 2008.

General Capital Asset Replacement Fund - Cash Receipts, Revenue, and Budget Revised FY 2007-2008 and FY 2008-2009

Mr. Leary moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.

Mr. Leary moved for adoption of the following ordinance, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Ruane absent):

CITY OF DOVER ORDINANCE #2008-36

2008-2009 BUDGET ORDINANCES

GENERAL CAPITAL ASSET REPLACEMENT FUND

CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         The amounts hereinafter named aggregating Two Hundred Thirty Four Thousand Seven Hundred Seventy Six Dollars ($234,776) so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009:

Cash Receipts

Expense Summary

 

2.         The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

ADOPTED: JULY 14, 2008

COUNCIL MEMBERS ANNOUNCEMENTS

Mr. McGiffin announced that plans are underway for the next African American Festival which will be held on June 27, 2009.

Mrs. Russell advised members that on August 30^th there will be a “Back to School” party at the corner of Cecil and North New Streets and invited all to attend.

Mrs. Russell moved for adjournment, seconded by Mr. Leary 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 July 14, 2008, are hereby approved.

                                                                                    CARLETON E. CAREY, SR.

                                                                                    MAYOR

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Exhibits Attached to Original Minutes and File Copy

Exhibit #1 - Presentation of the Public Utilities Solar Panel Installation

Exhibit #2 - Resolution #2008-13 Ratifying and Confirming Electric Bond Sale

Exhibit #3 - Petition to Amend Zoning District - 429 Webbs Lane, Owned by Newbofox Properties, LLC