REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 27, 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, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, 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 Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda as presented, seconded by Mr. Slavin and unanimously carried.
Council President Hogan noted that staff has requested that item #8A - Proposed Fee Increases and New Fees, be removed from the consent agenda.
Mr. Ruane requested that item #11A (a-1), Tax Appeal - Beulah Gray, be removed from the consent agenda.
Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF MAY 5, 2008
The Minutes of the Council Workshop of May 5, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 12, 2008
The Minutes of the Regular Council Meeting of May 12, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
CERTIFICATE OF CONGRATULATIONS - CAMPUS COMMUNITY CHORUS
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Campus Community
High School Choir
Congratulations on being awarded Choral Music Grand
Champions at the Fiestaval Celebration in Music 2008
held in Atlanta, Georgia
May 27, 2008
Mayor Carey presented the Certificate to Ms. Shannon Webb, Music Director, and Mr. Bob Bennett and Ms. Heidi Greene, Administrators, and members of the Chorus present.
Ms. Webb thanked the Mayor and Members of City Council for the recognition and members of the community for their support.
CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL CHORUS
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Dover High School Chorus
Congratulations on your outstanding performance
in the New York National Freedom Festival
April 26, 2008
Concert Choir: Gold Rating
Select Ensemble: Gold Rating
Woman's Choir: Silver Rating
Men's Choir: Silver Rating
May 27, 2008
Mayor Carey presented the Certificate to Mr. Nathan L. Bankert, Director of Choral Activities, and members of the Chorus present.
CERTIFICATE OF APPRECIATION - TAX EXEMPTION REVIEW COMMITTEE
The City Clerk read the following Certificate of Appreciation into the record:
WHEREAS, the Tax Exemption Review Ad-hoc Committee was created by the Mayor and Council during their Regular Meeting of August 27, 2007; and
WHEREAS, the initial scope of the Committee was to review the fairness and appropriateness of the current tax exemption ordinance, the standards, and the process to determine if it is responsive to the needs of the citizens of Dover to provide a recommendation to the Legislative, Finance, and Administration Committee; and
WHEREAS, members of the Tax Exemption Review Ad-hoc Committee have worked diligently in researching the issues in order to develop recommendations that are objective and that have been thoroughly considered; and
WHEREAS, as a result of their efforts, the Tax Exemption Review Ad-hoc Committee submitted their Final Recommendations to City Council and on April 28, 2008, ordinances reflecting the Committee's recommendations were adopted, and thus, the Tax Exemption Review Ad-hoc Committee is hereby dissolved with gratitude to all members for their time and attention to this matter. It is deemed an honor and privilege to present this
Certificate of Appreciation to
James G. McGiffin, Jr., Chairman
Charles Bradley
Barbara C. Ford
Barry Hawlk
Jeffrey Mask
Joseph McDonough
Richard Snaman
Tom Williams
CITY OF DOVER
TAX EXEMPTION REVIEW AD-HOC COMMITTEE
Best Wishes on all Future Endeavors from the City of Dover
May 2008
Mayor Carey presented the Certificates to the members of the committee.
PRESENTATION - BRICK BY BRICK CAMPAIGN
Mr. Ray Book, Past-Chairman of the Greater Dover Foundation, introduced Ms. Lisa Ratliff, Executive Director of the Greater Dover Foundation and the Greater Dover Committee, and Mr. Joe McDaniel, Chairman of the Greater Dover Foundation. Ms. Ratliff provided background information regarding the Greater Dover Foundation and read a statement into the record regarding the Brick by Brick Campaign, as follows:
“Good evening and thank you for giving me a few minutes of your time tonight. My name is Lisa Ratliff and I am the Executive Director of the Greater Dover Committee and the Greater Dover Foundation. I am here tonight to give thanks to three great Dover organizations that gave their time and effort to support the Greater Dover Foundation during the recent Brick by Brick Community Matching Challenge.
Let me begin by giving a little background:
The Greater Dover Foundation as some of you know, is an endowment fund administered by the Delaware Community Foundation. It was started back in the early 90's by the Greater Dover Committee with an initial sum of $50,000. Today, the Greater Dover Committee is proud to announce that the fund has grown to just over $600,000.
Each year, the GDC gives the income that is generated by this fund back to the Dover community in the form of grants to non-profit organizations and public institutions. As the principle fund grows, so does the amount of money we have to give away each year. This year the Foundation will donate $16,000 back to the community. In the future, when the Foundation grows to become the multi-million dollar Foundation we plan for it to become, we will give 100s of thousands back to the community each and every year.
Recently, the GDF challenged the community to match a $110,000 principle pool of money that was created by local businesses and individuals. Our community, without hesitation, rose to this challenge and met the goal on December 31, 2007. For this reason, it would only be appropriate for me to begin giving thanks to the community members who helped make this possible through general donations and the purchases of bricks now placed along Loockerman Street.
In addition to the community members who participated, we are incredibly grateful for three organizations that helped to make the campaign a success. First, we would like to thank Rick Hill from Hill Design Group. Rick not only gave his time and expertise to help us market the campaign, he gave us great advice in the early stages of our campaign as we tried to work out the details of how the campaign would work. Rick could not be here tonight, but I wanted to express our thanks and let you and the community know what an asset Rick and his business are to Dover and the surrounding area.
Secondly, I would like to thank Mr. Dave Tucker and Delaware Brick Company. Delaware Brick was kind enough to donate the actual bricks for our campaign which helped us to keep costs down. Mr. Tucker, however, was the individual at Delaware Brick who helped me in particular through the ordering process…which was a bigger job than I first anticipated. I cannot thank him enough for making what could have been a very difficult process one that I would describe today as being quite enjoyable. We are lucky to have Mr. Tucker and Delaware Brick here in our community. They are doing their part to make Dover a better place.
Finally, we would like to thank the City of Dover. The city helped in a lot of ways during our campaign. First, they allowed the bricks to be placed along Loockerman Street and supported us as we began our efforts for this campaign. Tony DePrima and Scott Koenig couldn't have been more helpful during our organization phases. Secondly, the City donated their services and installed four different brick orders in the sidewalk throughout the campaign (often in several different locations). For this I have to thank Ron Swaggard and his crew. They never complained, always greeted me with a smile and helped to make a somewhat challenging project easy and fun. If you haven't seen the work Ron and his crew did you have to take a walk down Loockerman Street. The bricks look great and we have the City and Delaware Brick to thank for this.
We could not have been successful with this campaign if it were not the organizations I just mentioned. Tonight, we would like to present a small token of our appreciation and place Thank You Bricks for each organization along Loockerman Street. I have a brick here for Hill Design Group which I will present to Mr. Hill when he returns from being out of town….One for Delaware Brick which I would like to present to Mr. Tucker and one for the City of Dover that I would like to present to Mayor Carey, Scott Koenig, and Ron Swaggard.
In closing I would like to say that the Greater Dover Committee's goal is to help endow Dover's future with a Foundation that really makes a difference and helps to improve the quality of life for residents in the greater Dover area. This campaign has shown me that together, we really are stronger than when we stand alone. Thank you for your support, kindness and generosity.”
PRESENTATION - RECOGNITION OF SERVICE - PAUL LAKEMAN - SAFETY ADVISORY AND TRANSPORTATION COMMITTEE (MAY 2004-MAY 2008)
Mayor Carey presented a Dover Cup to Mr. Paul Lakeman in appreciation of his service as a member of the Safety Advisory and Transportation Committee, having served from May 2004 through May 2008.
PROPOSED RESOLUTION - GORDON MASSEY, JR.
The City Clerk, Mrs. McDowell, read a proposed Resolution acknowledging the recent death of Mr. Gordon Massey, Jr.
By motion of Mr. Slavin, seconded by Mrs. Williams, Council, by a unanimous roll call vote, adopted the following Resolution:
COUNCIL RESOLUTION NO. 2008-10
WHEREAS, the Silver Lake Commission members have been greatly saddened by the death of their fellow Commission Member, Gordon Massey, Jr., who passed away on January 1, 2008; and
WHEREAS, Gordon Massey, Jr. was appointed into office as a Commission member representing the citizens of Dover on May 28, 2002, a position in which he served with distinction for more than 5 years; and
WHEREAS, during his term as a Commission member, Gordon Massey, Jr. served the Commission by unmatched outreach and dedicating much of his time to the restoration and revitalization of Silver Lake in Dover and has demonstrated, in many practical ways, his deep and genuine belief in Silver Lake as an asset for the City of Dover; and
WHEREAS, although Gordon Massey, Jr. will be respectfully remembered as having served the community in numerous capacities, he was particularly devoted to Silver Lake, the Silver Lake Commission adopted a Resolution on May 27, 2008 in dedication of his tireless efforts; and
WHEREAS, Gordon Massey, Jr. was very gracious and humble in serving as a member of the Silver Lake Commission; earning the respect, admiration, and high regard of all with whom he came into contact; and
WHEREAS, our community has sustained a great loss in the death of Gordon Massey, 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 regret for the loss of Gordon Massey, Jr. and extend their deepest sympathy to the members of his family and hope that they will be consoled by the memories of his fine 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 the many contributions graciously given to the community by Gordon Massey, Jr.
ADOPTED: MAY 27, 2008
Mayor Carey presented the Resolution and a Dover Cup to Mrs. Massey. On behalf of the members of the Silver Lake Commission, Mr. David Edgell, Chairman, extended deepest sympathy for the loss of Mr. Massey.
PLANNING AND INSPECTIONS - PRESENTATION OF ANNUAL REPORT
The Planning and Inspections Department submitted their Annual Report to City Council during their Regular Meeting of March 10, 2008. Mrs. Townshend provided a Power Point Presentation (Exhibit #1) depicting highlights of the report.
PUBLIC HEARING/FINAL READING - REZONING AND PROPOSED COMPREHENSIVE PLAN AMENDMENT - LAND DEVELOPMENT PLAN AMENDMENT TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005, September 2006, March 2007, and March 2008 by amending Land Development Map 11-1 and amending the Zoning Ordinance and Zoning Map of the City of Dover by changing the Land Use Classification from Industrial to Residential High Density and changing the Zoning Designation from IPM (Industrial Park Manufacturing) to RG-2 (General Residence) on a 13.967+/- acre portion of a 22.967+/- parcel located on the north side of Commerce Way, owned by H&M Properties, LLC.
Mr. Salters moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of February 25, 2008).
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission (Exhibit #2). She explained that the application is to amend the Land Development Plan map of the Comprehensive Plan and the zoning of the subject parcel. The amendment is being requested by H&M Properties, LLC. The subject parcel is currently zoned IPM and is part of the Enterprise Business Park. It is also adjacent to the Woodmill Apartments. She stated that the subject parcel is depicted on the Land Development Plan map as Industrial and Public Utilities. The applicant is requesting a zoning classification of RG-2, with the intent to construct garden apartment buildings on the site. Mrs. Townshend explained that the requested plan amendment would change the land use category from Industrial and Public Utilities to High Density Residential.
Mrs. Townshend noted the receipt of correspondence from Mr. E. Stuart Outten, President of Capital Uniform and Linen Service, which was submitted to the Planning Commission. She also noted receipt of a letter received from the State Planning Coordination Office which indicated opposition to the proposed change from Industrial to High Density Residential.
Mrs. Townshend advised members that the Planning Commission recommended approval of the application. However, she noted that one (1) member voted in opposition and requested that members of City Council be provided his explanation, as follows: “Mr. von Reider stated that he feels that it is a loss of a single tract of land developable for business or other purposes. He feels that it is encroaching residential onto existing industrial property which is already there, exists, and is
operational. He certainly hopes that residents of this community do not call the City complaining of noise.”
Correspondence
Mrs. Townshend noted correspondence received from Ms. Keira Potter and the Central Delaware Economic Development Council in opposition to the Rezoning/Comprehensive Plan Amendment (as on file in the Office of the City Clerk).
Council President Hogan declared the public hearing open.
Mr. Jim McGinnis, Realtor representing the applicants, introduced Ms. Laura Swiski, engineer for the project. He advised members that the parcel of land has not been used for 30 years and a vacant parcel and warehouses are adjacent to the property. He noted that the project includes apartments, attached to the Woodmill Apartments, which will solve some of the affordable housing issues.
Responding to Mr. Ruane, Mr. McGinnis stated that the current rental fees for Woodmill Apartments range from $700 to $1,000. He stated that the proposed apartments are already 97% filled, explaining that there is a need for more housing in the Dover area.
Referring to concern relayed regarding the wooded portion of the parcel (north side adjacent to City drainage easement area), Ms. Swiski advised members that it is the intent of the developer to leave that portion of the property, which serves as a natural buffer, intact.
Mr. Jack Melvin, adjacent property owner - Landlord to Stock Building Supply, advised members that since 1992, to his knowledge, there has never been a complaint from any of the adjacent residents nor has there been any complaints against adjacent residents. He relayed no objections to the proposed project.
Ms. Carol White, 1254 S. Farmview Drive, advised members that the Woodmill development is one of the on-ground drainage experiments, explaining that between approximately every sixth house, there is a culvert (to carry water from the houses back to the drain ditch). She noted that these culverts also carry foot traffic and that there currently is limited foot traffic in this area. She stated her hope that if the housing is increased, there will be some kind of barrier or fence erected to keep these culverts from becoming foot, bicycle, and motorcycle paths. Ms. White also relayed concern regarding additional traffic on Woodmill and Independence Drives. Although she felt that these issues would not be of concern if the current zoning was maintained; however, if Council approves the proposed amendments, she requested that consideration be given to protect the residents of the Farmview Drive area.
Ms. Keira Potter, 1168 S. Farmview Drive, relayed opposition to the rezoning from an Industrial zone to a residential zone. In response to Mr. McGinnis’ comments regarding the availability of affordable housing, she stated that Woodmill Apartments is owned by Vintage Apartments, which is a market property industry; therefore, it does not consist of affordable housing or accept individuals with low income levels. She clarified that the rent for the apartments begin in the $800’s for one (1) bedroom up to almost $1,100. Ms. Potter advised members that she purchased her home three (3) years ago and if she would have been aware that there was a possibility of additional apartments in the area, she would have either remained as a resident of an apartment or would have searched for housing elsewhere. She indicated that the vacant warehouse located directly behind her property currently serves as a buffer. If the City approves the request, she suggested that the developers be required to install some type of fencing. Being in total opposition, she urged members of Council to consider the ramifications before approving the request.
There being no one else wishing to speak, Council President Hogan declared the hearing closed.
Responding to Mr. Ruane, Mrs. Townshend advised members that the rental fees for Woodmill Apartments range from $809 (1 bedroom) to $1,099 (3 bedrooms).
Mr. Ruane moved that the ordinance to amend the Comprehensive Plan and rezoning be denied, seconded by Mrs. Williams. The motion failed by a vote of six (6) no and three (3) yes (Mr. McGlumphy, Mrs. Williams, and Mr. Ruane).
Mr. McGlumphy explained that his opposition to the Planning Commission’s recommendation for approval is due to concerns regarding economic development. He felt that high density housing creates additional problems and noted that there was no input provided by the Chief of Police. He also relayed concern regarding the testimony provided by adjacent property owners and stated that he has not obtained any information that would indicate that those problems would be mitigated. For these reasons, he voted in favor of denying the proposed amendments.
Mrs. Williams explained that her support to deny is based on concurring with those comments provided by PLUS and concerns regarding the intended use of the property.
Mr. Ruane explained his reasons for voting in favor to deny the proposed amendments are for those as previously stated as well as the concerns indicated by the PLUS, which supports staff’s recommendation for denial. He also noted that there is a need for property zoned industrial and that changing the zoning classification would create an incompatible use in the area.
Mr. McGiffin moved for the adoption of the Rezoning and Comprehensive Plan Amendment as recommended by the Planning Commission, seconded by Mr. Leary and by a roll call vote of six (6) yes and three (3) no (Mr. McGlumphy, Mrs. Williams, and Mr. Ruane), Council adopted the following ordinance:
ORDINANCE #2008-08
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008 BY AMENDING LAND DEVELOPMENT MAP 11-1 AND 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 COMMERCE WAY
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the City of Dover and 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 land use classification of property described below from Industrial to Residential High Density and to change the zoning designation from IPM (Industrial Park Manufacturing) to RG-2 (General Residence).
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 Comprehensive Plan Update, 2003, as Amended in May 2005, September 2006, March 2007, and March 2008 and the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the land use classification from Industrial to Residential High Density and the zoning designation from IPM to RG-2 on a 13.967+/- acre portion of the Lands of H & M Properties, LLC, located on the north side of Commerce Way, with the total parcel consisting of 22.967+/- acres.
ADOPTED: MAY 27, 2008
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 5, 2008
A Special Legislative, Finance, and Administration Committee Meeting was held on May 5, 2008 with Chairman Slavin presiding.
Proposed Fee Increases and New Fees
During their meeting of March 10, 2008, members reviewed a presentation of proposed fee increases and new fees. In accordance with the Revenue Manual, members were reminded that staff is directed to review fees; however, it was noted that the review does not necessarily equate to an increase. Staff advised members that as a result of meetings with the business community, the proposed fees have been decreased from staff’s initial presentation. Members were also provided ordinance amendments representing the proposed new fees and increases for consideration. After public testimony and much discussion, members tabled the matter.
Mr. DePrima reviewed an updated presentation which provided a general overview of the proposed fee increases and new fees. Members were also provided draft ordinances related to the proposed fee increases and new fees. Based on the comments made by the business community at the last meeting, he stated that the final fire inspection fee has been eliminated.
In response to Mr. McGlumphy, Mr. DePrima estimated that the proposed fee increases and new fees will generate $300,000. He stated that the fees will cover approximately 60% of the planning and inspection costs; however, in previous years, these fees would cover approximately 80%-90% of the costs.
Mr. DePrima advised members that the Revenue Manual currently suggests a review every three (3) to five (5) years. Staff recommended that the Revenue Manual be amended to require the review of business license fees every five (5) years, rental license fees every four (4) years, and construction and planning permit fees every three (3) years.
Members suggested that staff review the possibility of including an automatic escalator clause, feeling that those subjected to the fees could plan accordingly.
Staff recommended approval of the new fees and fee increases and adoption of applicable ordinance amendments.
Mr. DePrima explained that action regarding this matter is required to provide guidance to staff in the preparation of the budget; therefore, he requested that the committee forward this matter to Council for action.
The committee forwarded this matter to Council without a recommendation.
Mr. Slavin noted that the committee felt that consideration of this matter should occur during the fiscal year 2009 Budget deliberations, which members of Council are currently conducting.
No further action was taken by Council. It was noted that the First Reading of the proposed ordinances is scheduled to occur during the latter part of the meeting.
Review of 2005 Charter Review Committee Recommendations - Article II (Continued)
During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.
During their meeting of March 3, 2008, Mr. Slavin noted that members would continue their review of the 2005 Charter Review Committee Recommendation at “Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Model City Charter)”. As scheduled, members continued consideration of the recommendations to the Dover Charter, as follows:
Language Requested by Committee Related to Section 13 - Filling Vacancies for Council or Mayor
During the committee meeting of March 3, 2008, members reviewed Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter). Upon review, members suggested developing language that would authorize City Council, if reduced to less than five (5) members (majority), to appoint additional members, by majority action, to raise the number of members to seven (7). Staff provided members with sample language for their review.
Mrs. McDowell, City Clerk, advised members that upon Council approval, this request would be forwarded to the local legislators to be submitted to the General Assembly, explaining that amendments to the City Charter require the approval of the General Assembly.
Mr. Slavin suggested that members defer action regarding this matter to provide members the opportunity for further review.
Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Subsection (a) - Meetings, Model City Charter)
There being no comments of members regarding Section 9 - Meetings of Mayor and Council-Generally, Mr. Slavin stated that the record would indicate concurrence with the wording provided in the current City Charter.
Section 10 - Meetings of Mayor and Council-Procedures (Section 2.11 - Procedure, Subsections (b) - Rules and Journal, and (c) - Voting, Model City Charter)
The committee recommended maintaining the language in Section 10 - Meetings of Mayor and Council-Procedures, of the current City Charter, including the amendment to strike the word “may” and insert in lieu thereof “shall”.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane relayed concern regarding the requirement for the Mayor’s written approval as indicated in the second paragraph of Section 10. He advised members of research conducted and requested the opportunity to submit the information for further consideration. Responding, Mr. Slavin suggested that the information be provided in the next packet and that Mr. Ruane be considered first on the agenda to address this issue during their next review.
Section 2.12 - Action Requiring an Ordinance, Model City Charter
The committee recommended including the language in Section 2.12 - Action Requiring an Ordinance, as stated in the Model City Charter.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane noted the reference to “initiative power” in item #10 of Section 2.12. Mr. Slavin explained that once the committee’s recommendations have been completed, he anticipates the requirement for an additional review of the amendments. At the request of Mr. Ruane, Mr. Slavin indicated that this matter will be further reviewed at the conclusion of the committee’s recommendations of the 2005 Charter Review Committee Recommendations.
Section 2.15 - Codes of Technical Regulations, Model City Charter
The committee recommended including the language in Section 2.15 - Codes of Technical Regulations, with the amendments to Subsections (1) and (2) as submitted, as stated in the Model City Charter.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Article III - City Manager
Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendation at “Article III - City Manager” during their next meeting.
Mr. Slavin moved for acceptance of the Special Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and unanimously carried.
UTILITY COMMITTEE REPORT - MAY 12, 2008
The Utility Committee met on May 12, 2008 with Chairman Ruane presiding.
PACE Wholesale Power Supply Review
During their review of the January 2008 PACE/NAES Monthly Reports at their meeting of March 24, 2008, staff was requested to provide a summary of major issues, both positive and negative, involving the electric utilities during the next committee meeting.
Mr. Francis Hotsell, PACE Global Asset Management, reviewed a presentation of the Dover Wholesale Power Supply Budget. He noted that for the 2008/2009 Budget, power supply costs increased 5.4% over last year's budget. This increase was primarily caused by extraordinary increases in wholesale energy prices and an increase in the net cost of capacity. He advised members that Dover is located in a high-priced capacity constrained region, which has exacerbated the general increases in energy costs. In addition, the landscape for environmental regulations is not only adding costs but also creating uncertainty, thereby limiting new generation. By pro-actively managing these challenges, Mr. Hotsell stated that the City of Dover has contained the cost increases to its ratepayers, explaining that without risk management, customers would be experiencing a 13% increase in power supply costs (budgeted market prices); however, risk management contained the cost increase to 5.4%.
Mr. Ruane thanked Mr. Hotsell for a very thorough presentation and relayed appreciation for the partnership.
Mr. Lunt, Public Utilities Director, provided members of City Council a presentation of the Dover Wholesale Power Supply Budget (Exhibit #3).
Electric Cost of Service Study by Burns & McDonnell
Mr. Ted Kelley, Principle with Burns & McDonnell, reminded members that the City recently authorized Burns & McDonnell to conduct an update to the Electric Cost of Service Study for the City of Dover. Therefore, he advised members that the information being provided is preliminary. Mr. Kelley reviewed a presentation of the Electric Cost of Service Study and Rate Adjustment Considerations, explaining the need for adjustments, net margins, cost of service considerations, and potential rate adjustments. He noted that the rate design analysis indicates the need for a seven percent (7%) rate adjustment on July 1, 2008, explaining that the rate adjustments by class may vary depending on the cost of service results.
Referring to the Financial Forecast, Mrs. Mitchell, Controller/Treasurer, stated that the negative net margin in FY2008 is attributed to the College Road Substation. She explained that prior to the construction of the Cartanza Substation, the College Road Substation was the City’s tie to Connectiv. Since the College Road Substation is no longer used as a tie station, it is no longer a transmission substation. She advised members that the Electric Department is in the process of dismantling it and converting it to a distribution substation. Mrs. Mitchell stated that the transmission substation was not fully depreciation, which contributed to the $1.5M that is being written-off for the College Road Substation.
Mr. Ruane reiterated that the percentage increase for each class is not known at this time and that this information will be made available on May 27, 2008. In preparing for this meeting, Mr. Ruane requested that staff provide a breakdown depicting the average household and average customer, by class, using 1,000 kwh, which will indicate how competitive the City is with other buyers.
Rate Stabilization Reserve Funding
Mrs. Mitchell, Controller/Treasurer, reviewed a presentation of the Rate Stabilization Reserve Funding. She advised members that the City currently has a set of Financial Policies which includes the Rate Stabilization Reserve. She reminded members that the City used the reserve ($5M of the Stabilization Reserve Fund) to help manage the budget (included as revenue) the first year the City came off of the Duke Contract to help off-set the cost of power supply. Mrs. Mitchell advised members that Moody’s had an issue with the manner in which this transfer was handled by the City because the money in the reserve came from actual revenue that the City received from either the Duke rebate, interest earnings, etc. By recording the funds originally received as revenue and again as a transfer to manage the budget, she stated that Moody’s considered this as double counting revenue.
To resolve this issue, Mrs. Mitchell suggested changing from using revenue sources for managing the Rate Stabilization Reserve. She explained that the proposed amendment to the policy protects the customer from rate increases attributed to supply and generation cost fluctuations driven by market conditions, thus allowing the customer to better budget their energy bills. She stated that the proposed method of funding the Rate Stabilization Reserve will have no adverse impact on the operating budget. This method of managing the power supply cost is a more appropriate procedure and preferred by outside creditors and the rating agencies.
Responding to Mr. Ruane, Mrs. Mitchell stated that the Financial Policies are reviewed by the Legislative, Finance, and Administration Committee and that she will be forwarding recommended policy amendments to that committee. She felt that it would be beneficial if members accepted the concept of the amendment for the Rate Stabilization Reserve.
Referring to the wording in the proposed policy, Mr. McGiffin suggested that, for clarification, staff re-word the sentences to eliminate the use of “less/more” and “to/from”.
The committee recommended acceptance of the amendments for the Rate Stabilization Reserve for consideration by the Legislative, Finance, and Administration Committee for review of the Financial Policies.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Amendment to Regulation 1146 Agreement
Members were provided a letter dated May 5, 2008, written to the State of Delaware Department of Natural Resources (DNREC), Air and Waste Management advising them of the City’s withdrawal of the Regulation 1146 Compliance Plan for the McKee Run Generating Station Unit 3.
Mr. Vince Scire, Plant Manager at McKee Run, provided an update on the Regulation 1146 Agreement, reminding members that the regulations apply to coal and residual oil fired units, which would include McKee Run Generating Station Unit 3. Since the submission of the Regulation 1146 Compliance Plan to DNREC, the City has determined that the technology chosen would not provide the expected NOx reductions needed to comply with the Regulations. As a result, Mr. Scire advised members that the City reviewed the operational and financial implications of this finding and have determined that the appropriate action is to withdraw the City of Dover Regulation 1146 Compliance Plan and make the McKee Run Unit 3 exempt from complying with Regulation 1146 by converting Unit 3 from firing residual oil and natural gas to firing distillate oil and natural gas effective January 1, 2009.
Responding to Mr. Ruane, Mr. DePrima stated that although a written response has not been received, he explained that the letter from the City is the result of several meetings with DNREC and assured members that there was an understanding of the City’s intentions in this regard.
Mr. Scire also advised members that although the engineering design has not been completed, it is anticipated that there will be a significant decrease in the cost of the alternative plan over the original compliance plan. As requested by Mr. Ruane, Mr. DePrima assured members that staff would be kept abreast of this matter. He noted that information is also included in the monthly report received from PACE.
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MAY 13, 2008
The Parks, Recreation, and Community Enhancement Committee met on May 13, 2008 with Chairwoman Russell presiding.
Proposed Zoning Text Amendment - Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection 27.62 - Building Placement
During their Regular Meeting of April 28, 2008, City Council conducted a First Reading and referred a proposed zoning text amendment to Subsection 27.62 - Building Placement of Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), of the Dover Code.
Mrs. Melson-Williams, City Planner, advised members that an amendment to the Zoning Ordinance, by adding a new Subsection 27.62(a), was requested by Mr. Constantine Malmberg. She explained that the proposed amendment would relieve applicants from any potential hardship imposed by the location of a corner lot with frontages on two (2) corridors subject to the COZ. Specifically, it limits the applicability of the parking location and setback requirements set forth in the COZ to only one (1) corridor.
Responding to Mrs. Russell, Mrs. Townshend, Director of Planning and Inspections, advised members that Mr. Malmberg represents the owners of the property located on the southeast corner of the intersection of Route 8 and Saulsbury Road (old Exxon Station). During the layout of the site, it was discovered that applying the COZ to both frontages created challenges. Mrs. Townshend advised members that the COZ requires the primary entrance to face the corridor and explained that this requirement, along with the setback requirements of a minimum of 20’ and maximum of 30’ would require a building to be located in close proximity to the streets, which would prevent them from providing a practicable location for parking. She advised members that staff agrees that corner properties with both frontages subject to the requirements of the COZ may experience a hardship in meeting the parking location and setback requirements of the COZ; therefore, staff supports the text amendment in concept. However, staff recommended that the proposed text amendment be located within a new Subsection 27.7. In addition, staff has recommended alternative language to accomplish the same results. Members were provided staff’s proposal in addition to the applicant’s version of the proposed amendment.
In response to Mr. Ruane, Mrs. Townshend advised members that there is only one intersection where both corridors are subject to the COZ, which is the intersection of Route 8 and Saulsbury Road.
Staff recommended approval of the Substitute Ordinance #2008-25, amending Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 27 Corridor Overlay Zone 1 (COZ-1) by adding a new Subsection 27.7.
The committee recommended adoption of the Substitute Ordinance #2008-25, with the understanding that staff and the Planning Commission will adhere strictly to the requirements that are contained elsewhere in the amended section related to what constitutes superior design.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. (The First Reading of the Ordinance took place during the Council Meeting of April 28, 2008 and a Public Hearing has been scheduled for June 9, 2008 at 7:30 p.m.)
Update - Skate Park Committee
Mr. Carter, Parks and Recreation Director, reminded members that staff was recently requested to provide the committee with monthly updates of the Skate Park Committee. He indicated that the committee has been formed and have met twice. He introduced Mr. Dean Holden, Chairman of the Skate Park Committee.
Mr. Holden advised members that the committee has begun initial discussions regarding the type of skate park, design, size, parking, location, legal issues, public support, etc. He stated that discussions have been held with Mr. Hugg, Town of Smyrna, regarding their experience in the development of a skate park. He advised members that a comprehensive report will be presented to the City for their review and consideration in support of a skate park.
Mr. Ruane reminded members that in their support of a skate park, Council was specific regarding the requirement of a parent organization (citizen’s group) that will continue beyond the planning of the park and be responsible for establishing the rules and assuring that the rules are followed by the users. He noted that any petition should include an actual mailing address (street and city).
Update - Planning and Funding for New Library
Mr. Carter, Parks and Recreation Director, provided an update on the planning and funding for the new library. He introduced Ms. Joan Stover, Acting Library Director.
Update - Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, indicated that the Puncheon Run Watershed Action Team met and that the consultant has finalized the report, which will be forwarded to members this week. He anticipates that the Action Team will be meeting again to discuss the finalized report prior to July 1, 2008. Mr. Koenig noted that there are several recommendations included in the report for consideration.
Update - CDBG Program
Members were provided the status report on the FY 2007 Program Funds Spent for the CDBG Program. Mrs. Townshend, Director of Planning and Inspections, advised members that during their Annual Meeting of May 12, 2008, City Council approved the 2008 CDBG Action Plan and Resolution.
Members requested clarification regarding the project details (furnishings) for Connections Community Support as well as further details regarding the unencumbered balances.
Update - Schutte Park Space - Boys and Girls Club/CDSA
There was no information to report on the Schutte Park Space for the Boys and Girls Club/CDSA.
State Eminent Domain Proposed Legislation
Mr. DePrima, City Manager, advised members that there are three (3) Bills in the legislature that call for changes in the way eminent domain is exercised. He explained that eminent domain is the right of the government to take property for public purposes, and requires the property owner to be fairly compensated. A recent U.S. Supreme Court decision that allows eminent domain to be used for “economic development” has caused many State established laws to prevent the practice. Members were provided information regarding the Bills: SB194, HB289, and SB245.
It was Mr. DePrima’s opinion that such legislation is not necessary, and indicated his understanding that some of the legislation is in response to an eminent domain action by the City of Wilmington. Of the three Bills, he stated that HB289 seems to be reasonable and does not infringe on the City’s right to eradicate public nuisances or re-develop blighted areas. He advised members that SB245 has more restrictive language regarding economic development in Section (a), but does allow eminent domain for removing blight and slum areas, structures beyond repair, and abandoned property. He noted that SB194 is vaguely written and that the lobbyists for the League of Local Governments has indicated that its “vagueness” would not meet a court test.
Mr. Ruane indicated that SB245 is a substitute Bill for SB194 and HB289 and explained that the provisions of SB194 and HB289 have been inserted into SB245. He provided members with a copy of a letter received from the City of Wilmington, indicating their opposition. He referred to a Resolution recently adopted (April 14, 2008) that is germane to this issue since it, in effect, designates the City as being responsible for slum and blight area clearance and encourages redevelopment in these areas. He advised members that SB245 could jeopardize these efforts.
The committee recommended that the Mayor, City Manager, and other appropriate parties be authorized to speak at the various hearings in opposition of this legislation.
Mr. Slavin relayed his concern, feeling that the City may be overacting. He noted that the City very rarely has exercised the right of eminent domain, nor is there an indication of a need to do so in the near future. He suggested that the City support the League of Local Government in their opposition; however, it was his opinion that the City should not take an active role lobbying for or against any legislation that does not pertain to City business.
As a member of the Legislative Committee for the League of Local Governments, Mr. Ruane expressed the importance of the Mayor, City Manager, and members of Council speaking before the legislators regarding these issues. He explained that when municipalities do not take this type of action, there is an assumption made by the General Assembly that such legislation does not affect municipalities. Although the League will address the General Assembly, he stated that they request that representatives of m