REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 24, 2007 at 7:30 p.m. with Council President Salters presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell.
OPEN FORUM
The Open Forum was held at 7:13 p.m., prior to commencement of the Official Council Meeting. Council President Salters 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. Carey moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.
Mr. Slavin requested that item #6C, Request for Approval of CAMA Software Contract, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 10, 2007
The Minutes of the Regular Council Meeting of September 10, 2007 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Williams.
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living in and visiting our city; and
WHEREAS, the National Fire Protection Association (NFPA) has documented through its research that most families never practice an at home drill; and
WHEREAS, Dover's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and
WHEREAS, it is not enough to have an escape plan, you also have to be sure everyone in the home has practiced this; and
WHEREAS, each fire that is prevented in Dover is an opportunity to prevent painful injury and costly property damage; and
WHEREAS, the 2007 Fire Prevention Week theme, "Practice Your Escape Plan," effectively serves to remind us all of the simple actions we can take to stay safe during Fire Prevention Week and year-round.
NOW, THEREFORE, I, Beverly C. Williams, MAYOR, OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 7-13, 2007 as Fire Prevention Week and urge all citizens to heed the important safety message of Fire Prevention Week 2007, and to support the efforts of our fire and emergency services.
PRESENTATION - RECOGNITION OF SERVICE - KEN ROBERTSON - HISTORIC DISTRICT COMMISSION
Due to the absence of Mr. Robertson, Mr. Slavin requested that this matter be deferred to a meeting of his convenience. There were no objections by members of Council for the deferment.
REQUEST FOR EXTENSION OF REZONING APPROVAL - 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. THE PROPERTY WAS REZONED FROM C/PO (COMMERCIAL/PROFESSIONAL OFFICE) TO I/O (INSTITUTIONAL AND OFFICE) ON SEPTEMBER 11, 2006
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, consisting of 1.1152+/- acres, from C/PO (Commerical/Professional Office) to I/O (Institutional and Office). At the time of the rezoning, the property was owned by Leon and Dorothy Hansen.
A letter has been received from Mr. Robert Lawhon requesting an extension of the I/O zoning classification. He explained that the delay has been due to financial reasons and that they are now in negotiations with a lender and the property owner. Mr. Lawhon requested additional time in order to secure financial and to begin the site plan processes.
Mrs. Townshend, Director of Planning and Inspections, provided members with staff’s response to the request (Exhibit #1) and explained that if Council were to approve the extension of the rezoning for an additional year, it would be in accordance with Subsection (b) of Article 10, Section 5.183 of the Zoning Code.
Responding to Mr. Ruane, Mrs. Townshend stated that although she has had several conversation with Mr. Lawhon, there has not been a formal pre-application meeting or a site plan submitted for this property. There is no further evidence provided with the exception of the letter submitted by Mr. Lawhon. It was her opinion that there has not been a reasonable assurance that construction will commence anytime in the near future. Mrs. Townshend reiterated that there are no specific details provided in the letter nor has there been any applications filed for formal pre-application meetings for this property. She explained that from the time a site plan application is filed to the time of construction could be months, at the very least, and that it could take upwards to a year.
In response to Mr. Hogan, Mrs. Townshend stated that to her knowledge, the property is owned by Leon and Dorothy Hansen and that Mr. Lawhon is the equitable owner.
Feeling that the request does not meet the requirements of Subsection (b) of Article 10, Section 5.183 of the Zoning Code, Mr. McGlumphy questioned the responsibility of staff to advise a requester of the specifics that are required for consideration of an extension. Mrs. Townshend stated that in accordance with the Zoning Code, if the request does not meet the requirements within one year from the effective date of the amendment, an amendment to rezone the land to its prior classification is automatically placed on the agenda to be reconsidered by Council. She further explained that if a request for an extension is received and denied by Council, staff would schedule an amendment to the zoning map and a public hearing would be scheduled to be held by the Planning Commission and City Council.
Mr. Ruane moved that in accordance with Article 10, Section 5.183, of the Zoning Code, staff be instructed to bring forward to City Council an amendment for reconsideration of 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, consisting of 1.1152+/- acres, to its prior classification of C/PO. The motion failed due to the lack of a second. Council President Salters indicated that the motion does not specifically address the request that has been submitted to Council for consideration.
Based on the testimony and further review of the letter submitted by Mr. Lawhon, Mr. Ruane moved to deny the request for an extension of the rezoning for 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, for an additional year. The motion was seconded by Mr. Hogan.
For clarification, Mrs. Townshend explained that the denial of the request does not actually revert the zoning classification to its prior zoning classification. She advised members that the action will actually allow for the public process for a rezoning request.
The motion to deny the request for an extension of the rezoning for 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, for an additional year was carried by a unanimous roll call vote.
In response to Mr. Ruane, Mrs. Townshend stated that the motion to deny the extension will result in a rezoning request being placed on the next Council agenda for its referral and scheduling of public hearings to rezone the property from I/O to C/PO.
Mr. Ruane requested that the City Solicitor provide a legal opinion regarding the requirements of Article 10, Section 5.183 of the Zoning Code, feeling that the zoning classification automatically reverts without going through the rezoning process. Responding, City Solicitor Rodriguez assured members that the process requires the reversion of the zoning classification to be considered by the Planning Commission and that a public hearing be held by City Council as specified by the Director of Planning and Inspections.
UTILITY COMMITTEE REPORT - SEPTEMBER 10, 2007
The Utility Committee met on September 10, 2007 with Chairman Ruane presiding.
Comcast FCC Filing Forms 1240 and 1205
Mrs. Mitchell, Finance Director/Treasurer, advised members that on August 1, 2007, Comcast filed FCC Form 1240 related to the cost of service for basic cable service and Form 1205 related to cost of equipment installation and service charges. In accordance with the Franchise Agreement, these forms were filed and the City has 90 days to act. Members were provided a summary of the rate changes.
The committee recommended acknowledgment of receipt of Comcast FCC Filing Forms 1240 and 1205.
By consent agenda, Mr. Carey moved for acceptance of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Subdivision Street Waivers - The Arbors
In accordance with Appendix A, Article VII, Section A of the Land Subdivision Regulations, street waiver requests have been received from JNK, LLC (c/o Tony Ashburn & Son, Inc.), for property located on the north side of College Road west of the intersection with McKee Road, to be known as The Arbors Senior Condominiums.
Mrs. Melson-Williams, Senior Planner, advised members the Plan was revised in response to the Planning Commission’s request from its June 18, 2007 meeting to consider the redesign of The Arbors site layout to accommodate the continuation of the Topaz Circle “Stub Street” as a public street to interconnect with College Road as recommended by the Planning Staff. She explained that a public street better addresses safety and traffic circulation for the residents of this site and adjoining areas. In addition, it will provide a distinct second entrance to Emerald Pointe.
Mrs. Melson-Williams advised members that the main entrance for The Arbors is from this continuation of Topaz Circle. The Plan includes sidewalks along street frontages of Topaz Circle and College Road. In order to establish this segment of Topaz Circle, several waivers are required and were requested by the applicant. The first waiver request is a reduction in the horizontal curve radius of the street from 150 feet to 100 feet (Land Subdivision Regulation, Article VI, Section A, Subsection 10). The second street waiver request is a reduction of street right-of-way from 60 feet to 46 feet (Land Subdivision Regulation, Article VI, Section A, Subsection 13).
The Planning Commission recommended approval of the street waivers for the revised horizontal curve radius and the reduction of the right-of-way width from 60 feet to 46 feet.
The committee recommended approval of the requested street waiver to allow for the revised horizontal curve radius and the reduction of the right-of-way width from 60 feet to 46 feet, as recommended by the Planning Commission.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
NAES Contract Amendment 2, Incentive Calculation
Mr. Lunt, Public Utilities Director, advised members that Article VII, Section 7.7 of the North American Energy Services Company (NAES) agreement discusses the opportunity for operator incentives and lists the specific goals in Appendix B. The parties are in agreement on 4 of the 5 criteria; however, there is a discrepancy on the interpretation of the criteria titled “Equivalent Forced Outage Rate” (EFOR). There are several industry definitions and the contract did not provide a definition or a sample of the calculation. NAES inferred from the contract that the old method of incentive would be used with the addition of a capacity loss factor and had been reporting this number during the fiscal year. The City had interpreted a different calculation as defined by industry standards (although there are several different calculations used in the industry).
Since EFOR was not clearly defined in the contract, this lead to a dispute as to the intent of the provision. PACE Global Asset Management (PACE), the City’s contract manager over NAES, NAES staff, and City staff held several meetings to discuss this issue. Since the contract did not properly define the components of EFOR, it was decided that it would be prudent to determine what the proper incentive metrics should be in the future and apply that retroactively to the 2006/07 operating year. It was decided by the parties, and agreed to by the Power Management Committee, that the proper metric for the incentive should be a term referred to as “Commercial Unavailability” (CU) which factors the size of the generator (Mwh), the unavailable hours and/or de-rate hours, and the potential operating hours in the year. This is defined in the Second Amendment to the Operation and Maintenance Agreement between North American Energy Services Company and the City of Dover.
Staff recommended that the Mayor be authorized to execute Amendment 2 as presented.
Responding to Mr. Ruane, Mr. Lunt explained that the Amendment is an incentive for the company so that if the units are not available and PJM calls for them, they would be penalized for the unavailability. This would ultimately cost the City and the rate payers because if the units are not available when they are called for, our credit in the future for capacity is reduced. This particular incentive is aimed for this purpose, which would give an $80,000 bonus for the company to improve the system and plant availability.
The committee recommended that the Mayor be authorized to execute NAES Contract Amendment 2, Incentive Calculation.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #2), seconded by Mr. Slavin and carried by a unanimous roll call vote.
Evaluation of Bids - College Road Switchgear
Bids were solicited for the College Road Switchgear. Mr. Lunt advised members that the switchgear is a pre-manufactured building that contains the distribution breakers, relays, batteries, and other components related to the substation. It receives the distribution voltage from the transformer and splits it to the eight distribution circuits and contains components that protect the transformer from overload and/or faults.
Staff recommended awarding the bid for the College Road Switchgear to the lowest responsive bidder, HD Supply, in the amount of $1,181,986.
There were several concerns relayed by members regarding the estimated cost being much lower than the actual cost. Mr. Lunt stated his feeling that the construction cost should be lower than estimated which will prevent the project costs from exceeding the budget.
The committee recommended awarding the bid for the College Road Switchgear to the lowest responsive bidder, HD Supply, in the amount of $1,181,986, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Evaluation of Bids - SCADA Equipment Technology Upgrade
Mr. Lunt, advised members that the purpose of the SCADA Equipment Technology Upgrade Project is to replace antiquated and/or obsolete remote terminal units (RTUs) at sewage pumping stations. He stated that staff intends to purchase seven (7) RTU units and that the installation and associated work is to be performed under the existing SCADA Maintenance Contract. Mr. Lunt explained that the RTU’s are the field components of the SCADA system, which is a proprietary system; therefore, staff is required to purchase the new RTU’s from the original equipment manufacturer, Siemens Power Transmission and Distribution, Inc.
Staff recommended authorization to purchase seven (7) RTU units from the sole vendor, Siemens Power Transmission and Distribution, Inc., in the amount of $40,600.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved to authorize the purchase of seven (7) RTU units from the sole vendor, Siemens Power Transmission and Distribution, Inc., in the amount of $40,600, as recommended by the committee. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
FY 2007/08 Water/Wastewater Capital Improvement Project (CIP) Briefing
Members were provided details for the FY 07/08 Water/Wastewater Capital Improvement Projects. Mrs. Duca, Assistant City Engineer, reviewed the projects in detail, as follows:
2nd Meter Reading Tech Upgrade
Inflow/Infiltration Removal (presentation to be made to committee next month)
Miscellaneous Sewer System Improvements
SCADA Equipment Technology Upgrade
South Governors Avenue Sewer Main Upgrade
Due to time constraints, Mr. Ruane indicated that the review of the Water/Wastewater CIP will be continued during the committee’s next meeting.
Having recently become more familiar with her job duties and responsibilities, Mr. Ruane commended Mrs. Duca for the outstanding job she has done for the City.
Update - Verizon Franchise Agreement Negotiations
Mr. Ruane advised members that there have been meetings, telephone conference calls, etc. held regarding the Verizon Franchise Agreement negotiations. The Sub-committee (consisting of Mr. Ruane, Mr. Carey, Mrs. Mitchell, Mr. Lunt, and Mr. DePrima) are reviewing the most recent draft agreement and that a conference call is scheduled to be held tomorrow with the City’s attorney in Philadelphia in an attempt to resolve the matter.
Mr. Ruane welcomed any suggestions that other members may have with regards to this issue.
PACE/NAES Monthly Report (July)
Due to time constraints, Mr. Ruane suggested that the PACE/NAES Monthly Report for July be deferred until the next meeting.
The committee deferred the PACE/NAES Monthly Report for July until the next committee meeting.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - SEPTEMBER 10, 2007
The Legislative, Finance, and Administration Committee met on September 10, 2007 with Chairman Slavin presiding.
Proposed Ordinance Amendments
During their Regular Meeting of August 22, 2007, the General Employee Pension Board and the Law Enforcement Pension Board reviewed and recommended adoption of the following proposed ordinance amendments:
Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision II - Board of Trustees, Section 2-362 - Composition, Paragraph (3) - Participants and Section 2-365 - Vacancies
Members were advised that the amendments would allow for absentee voting in the General Employee Pension Election, change the election notification for eligible participants from five (5) days to the first week of April of each year, and will change the time to fill a vacancy from 30 days to 60 days to afford time to notify participants.
Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision II - Board of Trustees, Section 2-335 - Termination of Employment of the General Employee Pension Plan and Statement
Over the years, the number of former employees who have not requested a refund of their general employee pension contributions has increased. For each of these former employees, pension contribution statements are maintained for future reference and calculation of refund. All employees are provided upon resignation/termination, a Statement of Intent requesting they advise the City of their intent with their contributions. Occasionally, the request is not returned. Although the Statement of Intent indicates that contributions will be refunded in 90 days of the date the notarized request is received, this language is not stated in the pension ordinance. Members were advised that the proposed amendment would include such language.
The committee recommended adoption of the proposed ordinance amendments as recommended by the General Employee Pension Board.
By consent agenda, Mr. Carey 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 will take place during the latter part of the meeting).
Chapter 62 - Law Enforcement, Article III - Pension Plan, Division 2 - Retirement Committee, Section 62-102 - Members, Subsection (c) - Election
Members were advised that the amendment would allow for absentee voting in the Police Pension Election.
The committee recommended adoption of the proposed ordinance amendment as recommended by the Law Enforcement Pension Board.
By consent agenda, Mr. Carey 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 will take place during the latter part of the meeting).
Request for Approval of the CAMA Software Contract
The iasWorld CAMA (Computer Aided Mass Appraisal) Software is conversion software being offered by Tyler/CLT, the City’s current CAMA software vendor, to replace the existing Orion CAMA Software. The Orion CAMA Software is no longer being supported at the end of the current contract which is October 1, 2007. The iasWorld is a CAMA system designed by Tyler/CLT for smaller communities like Dover and is being deployed in the Northeast.
Mr. DePrima advised members that the City considered re-bidding CAMA software; however, he explained that option was ruled out because there was not enough time for a new vendor to be selected and have completely new software deployed by the end of the current contract. It was also apparent that completely new software would be much more expensive then the proposed conversion software. In addition, he indicated that CLT/Tyler has assured the City that they would continue to support the Orion Software beyond October 1, 2007 while the conversion was ongoing.
Staff recommended that City Council authorize the purchase of the iasWorld CAMA Software including data table conversion and emulation from Tyler/CLT in the amount of $53,030, and authorize the purchase of supporting hardware in the estimated amount of $8,000.
Responding to Mr. Slavin’s concerns, Mr. DePrima stated that initially Mr. Capuano, City Assessor, had submitted a request for a totally new system in the budget; however, during the budget hearings, it was determined that this alternative would be much more cost effective. The initial amount budgeted was $350,000. Mr. Slavin felt that Council was misled regarding a very expensive item and deserves more exploration.
Mr. DePrima explained that the amount budgeted for this item was $45,000. The additional amount of $16,030 needed will come from within the City Assessor’s current budget by saving $16,000 from the $1,800 monthly Orion maintenance that was budgeted for nine (9) months that will not be needed.
In response to Mayor Williams, Mr. DePrima stated that the City Assessor had originally wanted new software, system, and vendor and that the estimates he had obtained at the time were approximately $350,000. Mayor Williams recalled that the request of the City Assessor for a particular software was the result of his preference and not necessarily due to its cost effectiveness. Mr. DePrima could not explain why Mr. Capuano was not comfortable with purchasing from Tyler/CLT and why he wanted new software.
Due to there being unanswered questions, Mr. Slavin requested that Mr. Capuano appear before the committee for further explanation.
The committee recommended that City Council authorize the purchase of the iasWorld CAMA Software including data table conversation and emulation from Tyler/CLT in the amount of $53,030, and authorized purchase supporting hardware in the estimated amount of $8,000, with the understanding that Mr. Capuano will appear before the Legislative, Finance, and Administration Committee on September 24, 2007 to answer some issues that have been raised by members.
Mr. Slavin advised that members are continuing to probe the functionality of the software, and that this action may be an interim solution. The committee began to further discuss this issue during their meeting preceding the Council Meeting; however, he advised members that due to time constraints, the meeting was recessed and that the meeting will reconvene at the conclusion of the Council Meeting at which time members will continue their discussion regarding this matter.
Mr. Slavin moved for approval of the committee’s recommendation to authorize the purchase of the iasWorld CAMA Software including data table conversation and emulation from Tyler/CLT in the amount of $53,030, and authorized purchase supporting hardware in the estimated amount of $8,000. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Evaluation of Bids - Automated Trash Trucks
The Department of Public Services solicited bids to replace two (2) critical vehicles within the City’s Sanitation fleet (vehicles #441 and #451). The low bid was received from Mid-Atlantic Waste, Easton, Maryland, for a Peterbilt Chassis and Heil Body, in the amount of $382,526. (City Clerk’s Office Note: The timetable incorrectly indicated that the award letter would be issued September 11, 2007; it should have indicated September 25, 2007).
Staff recommended awarding a purchase order to Mid Atlantic Waste Systems in the amount of $382,526 for the purchase of two (2) 22 Cubic Yard Automated Side Loading Refuse Trucks with a Peterbilt Chassis and Heil Body.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation to award a purchase order to Mid Atlantic Waste Systems in the amount of $382,526 for the purchase of two (2) 22 Cubic Yard Automated Side Loading Refuse Trucks with a Peterbilt Chassis and Heil Body. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
Schedule for Review of Charter Review Committee Recommendations
As requested during the committee meeting of July 23, 2007, the City Clerk prepared a proposed 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.
The committee recommended approval of the Legislative, Finance, and Administration Committee Schedule for Review of the 2005 Charter Review Committee Recommendations as presented by staff with the understanding that it may be necessary to make adjustments.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - SEPTEMBER 11, 2007
The Parks, Recreation, and Community Enhancement Committee met on September 11, 2007 with Chairwoman Russell presiding.
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance
Mrs. Townshend, Director of Planning and Inspections, advised members that staff is currently in the process of working on several zoning text amendments. She presented draft amendments that are essentially “clean-up” amendments, as follows:
Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking
Mrs. Townshend explained that the proposed amendment to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking, would eliminate the need for any new businesses that are coming into an existing business from having to go through the Planning Commission for approval. She stated that the amendment would only require those site plans with site disturbance greater than 2,000 sq. ft. and adjacent to residential properties to go through the Planning Commission for approval rather than any site plan that is adjacent to residential properties.
Responding to Mr. Ruane, Mrs. Townshend stated that the amendment essentially eliminates those that have little or no site disturbance. The concept is that there should be some degree of site disturbance in order to be considered by the Planning Commission. Using the Pretzel Factory as an example, Mrs. Townshend stated that there was no site work involved; however, since it was required to go to Planning Commission, they had additional requirements such as tree planting. It was felt that these are items that are not realistic for an existing building that is essentially changing occupancy, going from one type of business to another.
Mr. Ruane relayed concern that the amendment would eliminate public input, which could be imperative for adjacent property owners. He suggested that staff develop an alternative that would allow for notification to the public of the area without defeating the purpose of the amendment.
Mr. Ruane moved to refer the amendment back to staff for a revision to include notification process for public input, seconded by Mr. Lewis.
In response to Mr. McGlumphy, Mrs. Townshend advised members that there are administrative site plans and those that require Planning Commission review and approval. She stated that there could be a public notice component included in the amendment that would require notification to be made to adjacent property owners for administrative site plans that are adjacent to residential properties.
Mrs. Townshend noted that during their meeting of August 27, 2007, Council referred the zoning text amendment to the Planning Commission for public hearing on September 17, 2007 and scheduled a public hearing before City Council on October 8, 2007. She explained that members could recommend that a sentence be added after Paragraph C in the proposed zoning text amendment to read: “Site plans adjacent to residential where there is less than 2000 sq. ft. site disturbance, public notice to property owners within 200' is required” for consideration by the Planning Commission to be forwarded to Council for the public hearing. Otherwise, she suggested that during their Regular Meeting of September 24, 2007, Council could be requested to reschedule their public hearing to allow the committee to reconsider the proposed amendment.
Mr. Ruane suggested that staff present the committee’s concerns to the Planning Commission and that members of Council will have the opportunity to review the proposed amendment during the Council’s Public Hearing.
The committee recommended that the amendment be referred back to staff for a revision to include a notification process for public input.
Mrs. Russell moved that the October 8, 2007 public hearing and Final Reading be rescheduled for November 13, 2007 at 7:30 p.m. for consideration of the proposed zoning text amendment to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
Article 10 - Planning Commission, Section 2 - Site Development Plan Approval
Mrs. Townshend explained that the amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval adds language to the off-street parking section to require a minimum width of 9' for a driveway. Currently, she advised members that there is no minimum width requirement for a driveway; however, the minimum width for a parking space is 9'.
Responding to Mr. Ruane, Mrs. Townshend indicated that the maximum width would be regulated through lot coverage. She stated that there currently is no permit requirement for driveways, which is a matter that is currently being reviewed by staff.
Mr. Ruane noted that throughout the City, driveways seem to be expanding. Mrs. Townshend suggested that the amendment be revised to include “and that the maximum width shall be 20'”.
Mr. Ruane felt that there was no need to resolve the issue at this time; however, he suggested that staff consider it during their review of the Dover Code.
Mrs. Townshend stated that the City currently does not have a system to regulate impervious surfaces since permits are not required for driveways, patios, etc. Staff intends to consider the inclusion of permit requirements for impervious surfaces for this purpose.
Mrs. Horsey suggested that the wording specify that the requirement is for new applications.
The committee recommended that the Director of Planning and Inspections move forward with the proposed amendment with the understanding that input from this committee has been expressed as in the record.
Mrs. Russell moved that the October 8, 2007 public hearing and Final Reading be rescheduled for November 13, 2007 at 7:30 p.m. for consideration of the proposed zoning text amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
Presentation - YMCA of Delaware
Mr. Buzz Mathews, Executive Director of the Central Delaware YMCA, advised members that the organization has been in existence in Kent County since the 1940's , and that the facility in the City of Dover on State Street has been in existence since 1966. There was a major expansion of this facility in 1996. He stated that in order to continue to serve Central Delaware, there will be a need to expand this facility. Since the present facility is landlocked, which would prohibit the expansion of the facility, Mr. Mathews explained that the YMCA is willing to work with other organizations such as the City of Dover to better provide services to the residents of Central Delaware.
Mr. Ruane suggested that the YMCA bring forward their long-range plan, which would include a needs assessment.
Mrs. Townshend stated that the Comprehensive Planning process will include recreation and community services components. Mr. Ruane felt that this could be another opportunity for the YMCA to be considered by the City. He also noted that the County may have the same requirement within their Comprehensive Planning process.
Mr. Mathews stated that the YMCA is willing to meet with any organization in an effort to coordinate opportunities for our citizens.
Responding to Mrs. Horsey, Mr. Mathews stated that although 80% of the membership of the YMCA on State Street is within a seven (7) mile radius, they serve members from Middletown to Milford as well as Maryland. Other nearby YMCA facilities are in Rehoboth (Sussex County) and in Newark (New Castle County). In addition, he advised members that a new facility is currently being constructed in Bear (Route 40 and 896) and that the YMCA is planning to expand in the Middletown area in the future.
In response to Mr. Ruane, Mrs. Townshend indicated that the actual land available at Eden Hill will not be known until the location of the West Dover Connector is determined.
The committee recommended acceptance of the presentation by the YMCA.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Presentation - Girls, Inc.
Ms. Saron Coffield, Representative of Girls, Inc., explained that it is a non-profit organization that inspires girls to be strong, smart, and bold. She stated that the purpose of the presentation is to request that the City consider Girls, Inc. as an organization for use of the John W. Pitts Recreation Center.
In response to Mr. McGlumphy, Ms. Coffield clarified that the request is for the City to consider providing Girls, Inc. a designated use of the John W. Pitts Recreation Center facility. She explained that the request is for space to be provided in order for Girls, Inc. to provide their services to the girls that are members.
Noting that the need of Girls, Inc. is for the use of space, Mr. DePrima advised members that the Parks and Recreation Director, Mr. Carter, is in the process of considering the rental of space at the John Pitts Recreation Center to various organizations and that there are other opportunities within the City that could provide the use of space. He suggested that anyone with further interest should contact Mr. Carter.
The committee recommended acceptance of the presentation by Girls, Inc., and their request and to embrace Girls, Inc. for their availability in Dover and to work with the Parks and Recreation Director to investigate a location for their meetings.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Explore Locations for Proposed Boys & Girls Club
During their meeting of July 10, 2007, a presentation was given on meeting some of the increasing needs of the youth in Dover. The Study identified the need for additional recreational outlets and additional affordable wraparound after school care services for the youth. Various land options were discussed and it was noted that the Greater Dover Boys and Girls Club, in partnership with other organizations, could address some of the critical needs for our youth at an affordable cost for our families if given the proper facilities. Mrs. Russell recommended that Mr. DePrima and Mr. Carter explore possible land options for the proposed club and report back to the committee during their August meeting.
Ms. Lisa Ratliff, Executive Director of the Greater Dover Committee, reminded members that the Greater Dover Boys and Girls Club is in a position to raise capital dollars for the construction of a 40,000-50,000 sq. ft. magnet club if they can obtain the land to build the facility. She advised members that the Greater Dover Committee became involved in this project after some independent research was done on the needs of the community, which identified the need for additional recreational services for the youth as well as affordable wraparound after school care services. She stated that although there are several organizations that provide great services, the issue is that there are not enough facilities to serve the existing and expanding population. Ms. Ratliff stated that a major issue is the lack of output facilities for organizations such as Dover Parks and Recreation, YMCA, Girls, Inc., etc. to run the programs they offer. She explained that the goal of the Greater Dover Committee is to form partnerships. Although they are currently working with the Greater Dover Boys and Girls Club, they are not working with them exclusively. The desire of the Greater Dover Committee is to have facilities constructed for the youth of Dover in order for organizations to provide the much needed services for the youth.
Mr. Darrell Tingle, Executive Director of the Greater Dover Boys and Girls Club, reviewed the possible sites for a magnet club and their pros and cons (as on file in the office of the City Clerk). He explained that the pros and cons of the Lewis Farm were not included since the property is located out of the City limits. Mr. DePrima stated that the Lewis Farm is not in a centralized location, is not easily accessible, there are only three (3) proposed subdivisions in the immediate area - no existing subdivisions, etc. The pros for the Lewis Farm were ownership, the large size of the land area which would provide athletic fields as well as a potential building site, availability of the land, close proximity to a future Kent County park, etc.
Mr. Ruane reiterated that the issue is that these facilities are to serve regional population and not just the citizens of Dover, explaining that there is a need to involve Kent County.
Responding to Mr. McGlumphy, Mr. Tingle stated that the Boys and Girls Club preference would be site option #1 - connected to the John W. Pitts Recreation Center. Mr. Carter stated that the City of Dover’s preference would be site option #4 - Independent Facility located at Dover Park.
Mr. DePrima explained that the intent of the presentation was to allow members the opportunity to digest the information for its consideration during their next meeting. He stated that staff does not have a separate presentation and advised members that staff participated in the review of the various site options and that their input has been included in the presentation.
Land Donation - Kesselring Property
Members were advised that the City of Dover has been offered a donation of 12.91 acres of land located in the Kesselring Planned Neighborhood Development. The land, which is located adjacent to the lands of Schutte Park, is designated as a conservation easement area on the plot plans with the Kesselring Farms Homeowners Association as owner of the land. The plan has been approved by the Planning Commission.
Staff recommended that the City Manager be authorized to accept the donation of 12.91 acres of land from the developer of the Kesselring Planned Neighborhood Development.
Mr. Carter advised members that staff supports City ownership for the following reasons:
1) Land would expand Schutte Park and provide the City the ability to create a walking/bicycle path from the development to the John W. Pitts Recreation Center.
2) This is an important area for protection of the Puncheon Run Watershed. The head water of the Puncheon Run starts just west of this site. With ownership of the 12.91 acres of property, the City would control the undeveloped land. Through this land donation, the City would be able to protect the Puncheon Run Watershed, wild life habitat, and provide additional recreational opportunities for the residents of Dover.
3) If there are any flood control projects possible in the area, then the City ownership would make it easier to implement such controls.
The committee recommended that the City Manager be authorized to accept the donation of 12.91 acres of land from the developer of the Kesselring Planned Neighborhood Development.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Discussion - Use of Reciprocal Borrowing Funds
Members were advised that on April 26, 1994, Kent County Levy Court passed an ordinance (94-07) which established a Library Tax District for all of the County outside the Town of Smyrna, City of Dover, City of Harrington, and the Milford Library Service Area. With this Library Tax District, a county-wide reciprocal borrowing program was created. Through this agreement, the City of Dover was reimbursed at the rate of $1.95 per circulation for Kent County residents that live outside the City of Dover, for use of the Dover Public Library. There was a balance of $655,859.08 in the Library Tax Fund at the end of June 30, 2006. In addition, the County estimated an additional fund balance of $199,019.02 for fiscal year 2007, which would create a total Library Tax Fund balance of $765,878.10.
Mr. Carter, Parks and Recreation Director, advised members that in July 2007, the Levy Court approved distribution of the fund balance to all reciprocal borrowing participants using a distribution rate of $2.65 instead of the $1.95 per book for fiscal years 2004, 2005, 2006, and 2007. From this new calculation, the City of Dover has received a check in the amount of $605,962.25, as the City’s reimbursement from the Library Tax Fund Balance.
Staff recommended that $554,088.25 be deposited in the Library Reserve Fund and the remaining $51,874 be used for improvements to the existing Library. This improvement would include purchasing additional laptops for the computer lab that was approved in this year’s budget, replacement of digital microform system, and increasing the number of hours for security guards in the Library.
The committee recommended approval of staff’s recommendation for disbursement of Kent County Tax Fund balance in the amount of $605,962.25, as follows: 1) Deposit $554,088.25 to the Library Reserve Fund earmarked for the construction of the new Library; 2) Allocate $30,174 to fund the development of a computer lab within the existing Library which will include the purchase of 13 laptops, security cart, black/white printer, computer software and wireless access point/injector/antenna; 3) Allocate $11,606 in funding to increase the hiring of security guards for the Library from 20 hours per week to 36 hours per week; and 4) Purchase digital microform system to replace current model that was purchased in 1998, in the amount of $10,094.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. DePrima stated that staff plans to invite Kent County Levy Court to a future Council Meeting to relay the City’s appreciation for this action.
Update - Puncheon Run Watershed Action Team Update
Mrs. Townshend, Director of Planning and Inspections, advised members that, as mentioned during the previous update, the Action Team will schedule a meeting once the URS Corporation has completed their technical study.
Mr. Ruane requested that, during future updates, staff provide update information regarding the stormwater management ponds.
Update - John W. Pitts Recreation Center
Members were provided with a construction schedule prepared by Bob Smith Contractors, Inc. for the John W. Pitts Recreation Center. Mr. Carter, Director of Parks and Recreation, advised members that progress meetings were held on August 21, 2007 and September 4, 2007 and the John W. Pitts Recreation Center Project is currently on schedule. He stated that the floor will be poured tomorrow, weather permitting.
Update - CDBG Action Plan Amendment
Regarding a previous concern of members, Mrs. Townshend, Director of Planning and Inspections, stated that there are no inspections scheduled for 301 W. Loockerman Street. She stated that Mr. Anderson understands the requirements for permits and inspections for all work done to the building.
Members reviewed the status report provided on the FY 2005 and FY 2006 Program Funds Spent for the CDBG Program.
Mr. Hogan moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote.
MONTHLY REPORTS - AUGUST 2006
By motion of Mr. Carey, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report
City Manager's Report
Dover Fire Department Report
ELECTION RESULTS - 2007 SPECIAL MAYORAL ELECTION
Mrs. McDowell, City Clerk, reported the results of the 2007 Special Municipal Election held on September 18, 2007, as follows:
MAYOR
Carleton E. Carey, Sr.. . . . . . 959
William H. Daisey. . . . . . . . . . 646
Urie B. Glass. . . . . . . . . . . . . . . .18
David A. Lewis, Jr.. . . . . . . . . . .76
R. Jefferson Reed. . . . . . . . . . . 320
Reuben Salters. . . . . . . . . . . . . 571
Karlton H. Schmidt. . . . . . . . . . .61
Carl P. Snowman