REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 11, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, 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, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams 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, seconded by Mr. Salters and unanimously carried.
Mr. Salters requested that item #9A - Consideration of Reimbursement for Board of Adjustment Members, be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 29, 2007
The Minutes of the Regular Council Meeting of May 29, 2007 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
PROCLAMATION - FLAG DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY"; and
WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK"; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of unity, devotion to freedom, and the equal rights of all.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim June 14, 2007 as FLAG DAY in the City of Dover and urge all residents to PAUSE FOR THE PLEDGE OF ALLEGIANCE in honor of the Flag of the United States of America.
PROCLAMATION - RACE UNITY DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the greatest challenge facing humanity is the recognition of the oneness of humankind; and
WHEREAS, any act which discriminates against or otherwise restricts the human rights of any person or group of persons demeans their dignity; and
WHEREAS, it is important that we uphold an equal standing of human rights for all persons; and
WHEREAS, we affirm our belief in the kinship of humankind, the equality of men and women, and that all persons are equal in their spiritual essence and human dignity; and
WHEREAS, the recognition that humankind belongs to one family brings with it a responsibility to respect and to help one another in every way; and
WHEREAS, Race Unity Day was inaugurated in 1957 and has been recognized by the United Nations and by a resolution of the Delaware General Assembly; and
WHEREAS, the goals of Race Unity Day are consistent with the objectives of the Dover Human Relations Commission.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Saturday, June 9, 2007 as Race Unity Day in the City of Dover and urge all residents to promote in themselves and in their community, those qualities and attributes which will generate the recognition that humankind belongs to one family, to fight prejudice wherever it is found, and to ensure that all persons have an equal opportunity to develop their unique capacities.
PRESENTATION - REPORT AND RECOMMENDATIONS OF THE SERVICES TO SENIORS COMMITTEE
Councilman Slavin and Councilwoman Russell, Co-Chairs of the Services to Seniors Committee, provided a PowerPoint Presentation of the Interim Report of the Services to Seniors Committee (as on file in the Office of the City Clerk).
Mr. Slavin advised members that they would be bringing their recommendations forward to the appropriate committees for consideration and implementation.
Mr. Slavin and Mrs. Russell thanked members for their service and remembered Mr. Truitt with a moment of silence. The civilian members expressed their gratitude for the opportunity to serve on the committee.
Noting that one of the committee’s recommendations was for the committee to continue for another year, Mr. Slavin requested that the current members be reappointed for an additional one year term.
Mr. Carey moved for acceptance of the Interim Report of the Services to Seniors Committee, seconded by Mr. Hogan and unanimously carried.
Mr. Carey moved to reappoint C. Wallace Hicks, Lillie Johnson, William Hare, Corrine Massey, Cherritta Laws Matthews, Barbara Pohlmann, and Richard Snaman for an additional one year term, seconded by Mr. Hogan and unanimously carried.
Mr. Salters moved to allow Mr. Victor J. Stephens to continue to serve, although he has moved outside of the City limits, seconded by Mr. Hogan and carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy).
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1004 SOUTH STATE STREET, CONSISTING OF .07635+/- ACRES, OWNED BY SUNOCO, INC. THE EQUITABLE OWNER IS BBC PROPERTIES, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 1004 South State Street, consisting of .07635+/- acres, owned by Sunoco, Inc. The equitable owner is BBC Properties, Inc. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is C-2A (Limited Central Commercial).
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Public Hearing
Council President Williams declared the hearing open.
Mr. Doug Lieberman of Larson Engineering, on behalf of the applicant, BBC Properties, stated that this was a downzone which was consistent with the zoning in the area. He noted that there has been no public opposition to the rezoning.
Council President Williams declared the hearing closed.
Mr. Ruane moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1004 SOUTH STATE STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-3 (Service Commercial) to C-2A (Limited Central Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-3 (Service Commercial) to C-2A (Limited Central Commercial) on that property located at 1004 South State Street owned by Sunoco, Inc.
ADOPTED: JUNE 11, 2007
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARINGS - MAY 21, 2007
The Committee on Tax Appeals was brought to order at 10:01 AM by Chairman Councilman Ruane. Council members present were: Councilman Ruane, Councilman Salters and Councilman Hogan. Staff present were: City Assessor, Donald Capuano and Assistant City Assessor, Cheryl Russell. The meeting was adjourned at 11:08 AM by Chairman Councilman Ruane.
The following appeals/exemptions were heard:
Appeal # 07-005 Wild Meadows LLC (Land Only– Wild Meadows)
LC-05-058.14-01-01.00-000
LC-05-058.18-02-01.00-000
Value Appealed: $11,500,000
Value Requested: $6,200,000
Committee Recommendation: Motion to table appeal until July 25, 2007 to allow time for the Assessor to review the Appraisal Report submitted by Gerry Records, pending re-submission of a USPAP (Uniform Standards of Professional Appraisal Practices) Self-Contained Appraisal Report by July 2, 2007.
Appeal # 07-004 Ernest Woodcock (32 Muirfield Court)
ED-05-067.13-01-62.00-000
Value Appealed: $194,300
Value Requested: N/A
WITHDRAWN
Appeal # 07-007 Margaret McKay (54 Rodney Road)
ED-05-068.17-01-51.00-000
Value Appealed: $206,000
Value Stipulated: $181,800
Improper Building Grade Applied.
Committee Recommendation: Motion to accept the stipulated value of $181,800 made by Councilman Hogan, seconded by Councilman Salters. Motion passes 3-0.
10:25 AM Recess for 5 minutes before JC Penney Appeal
10:30 AM Reconvene. Hearing brought back to order by Chairman Councilman Ruane.
Appeal # 07-002 JC Penney (1365 N. DuPont Highway)
ED-05-057.00-01-13.05-000
Value Appealed: $10,996,400
Value Requested: $ 4,700,000
Representative Did Not Appear.
Councilman Hogan requests that the Committee reconvene at 10:35, in case the representative shows up. 10:31 AM Recess. 10:36 AM Reconvene. Hearing brought back to order by Chairman Councilman Ruane. Representative from petitioner has not arrived.
Committee Recommendation: Motion to deny the appeal made by Councilman Hogan, seconded by Councilman Salters for failure to appear and to submit documentation. Motion passes 3-0. 10:37 AM Motion to recess until 11:00 AM made by Councilman Hogan, seconded by Councilman Salters. Motion passess 3-0. 11:00 AM Reconvene. Hearing brought back to order by Chairman Councilman Ruane.
Appeal # 07-003 Dover Downs (1131 N. DuPont Highway)
ED-05-057.00-01-32.00-000
Value Appealed: $60,224,600
Value Requested: N/A
Mr. Capuano states that the owners filed an appeal in response to an annual assessment change based on a building permit for the construction of the hotel addition. A temporary certificate of occupancy to be issued by June 1, 2007 for ½ of the building permit amount. Mr. Capuano and Ms. Russell visited the site and met with the superintendent of construction, where he indicated a value of $54,000,000 construction cost, instead of the $24,000,000 indicated on the building permit. Dover Downs filed an appeal to protect their interest. A representative from Dover Downs, Mr. Margetich, informed Mr. Capuano via telephone that he needed to converse with “higher ups”. To this date this office has not received any written documents or verbal confirmation for reasons of the appeal.
11:02 AM Recess appeal until 11:05 to make sure a representative does not show up.
11:03 AM Re-open Wild Meadows Appeal # 07-001. Mr. Capuano wanted to note for the record that the Appraisal Report submitted by Mr. Records was received on May 17, 2007 unsigned. Mr. Records signed today at the appeal hearing and back dated it to May 8, 2007. 11:05 AM Dover Downs. Representative from petitioner has not arrived.
Committee Recommendation: Motion to deny the appeal made by Councilman Hogan, seconded by Councilman Salters for failure to appear and to submit documentation. Motion passes 3-0.
Appeal # 07-005 McGinnis Properties (154 S. Governor’s Avenue)
ED-05-077.09-01-51.00-000
Value Appealed: $278,300
Value Requested: $207,400
Mr. Capuano notified Philip McGinnis in writing that he was granted an extension to prepare a USPAP (Uniform Standards of Professional Appraisal Practices) Self-Contained Appraisal Report.
Appeal # 07-006 The Dover Century Club (40 The Green)
ED-05-077.09-03-39.00-000
Value Appealed: $392,300
Request for Exemption. The owner’s submitted proper documentation
(IRS 501©3)
Committee Recommendation: Motion to accept the appeal made by Councilman Hogan, seconded by Councilman Salters. Motion passes 3-0.
A motion to adjourn the meeting made by Councilman Hogan, seconded by Councilman Salters. The meeting was adjourned at 11:08 AM.
Mr. Ruane, Chairman of the Assessment Appeals Committee, reviewed the report and recommendations of the Committee.
Council President Williams declared the public hearing open and, with no one present wishing to speak, the public hearing was closed.
Mr. Ruane moved for approval of the Assessment Appeals committee’s recommendations, seconded by Mr. Salters and carried by a unanimous roll call vote.
PUBLIC HEARING - 2007/2008 ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with Section 505 of the 2004 Electric Revenue Refunding Bond Issue (Refunding 1993 and 1990 Electric Revenue Bonds) prior to adoption of the budget. Notice of the public hearing was advertised for this time and place.
Council President Williams declared the public hearing open. There being no one present wishing to speak during the public hearing, Council President Williams declared the public hearing closed.
No further action was taken.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MAY 29, 2007
The Parks, Recreation, and Community Enhancement Committee met on May 29, 2007, with Chairman Ruane presiding.
Presentation - Central Delaware Soccer Association - Growing Needs and Land Availability
Mr. Craig Elliason, Travel Team Coach for the Central Delaware Soccer Association (CDSA), advised members that he has been involved with the CDSA since 1995. He introduced Mr. John Andrade, Travel Team Coach, Ms. Beth Johnson, President of CDSA, and Ms. Joanne Baker, Board Member of the CDSA. Mr. Elliason advised members of the goals for the CDSA, as follows:
• To encourage the widest interest, at all levels, in the game of soccer.
• To make the game as enjoyable as possible for the player by minimizing criticism and by discouraging "win at all costs" attitudes.
• To teach soccer by introducing the player to various positions and skills at practices.
• To inspire an interest in learning the finer points of the game of soccer.
• To allow every member (players, parents, coaches, referees, Board and Council members) to attain the highest level of knowledge and skill of which they are capable.
• To protect and foster the spirit of "Good Sportsmanship" both on the field and off, and to hold on to the high ideals of the sport of soccer.
Due to their partnership with the City of Dover, Mr. Elliason stated that the CDSA has been able to meet these goals everyday due to the use of the fields at Schutte Park. There is a Recreational Program for children from four (4) to 15 years of age, which assists with the development of basic skills. He explained that this program is a very important component of the CDSA Program because representative players (travelers) are developed. Participants of the Representative Program represent the CDSA across the Mid-Atlantic Region. This Program provides more intense training for those participants who wish to pursue a greater challenge.
Mr. Elliason advised members that there are 18 representative teams, 11 girls and seven (7) boys teams. He indicated that the John Pitts Recreation Center will have a significant impact on the CDSA Program. He explained that in the fall, there were six (6) full sided soccer fields and two (2) small sided fields. This past spring, two (2) of the full sided fields have been lost due to the construction of the Recreation Center. At the same time, Mr. Elliason stated that there has been remarkable growth in the CDSA Program and distributed detailed information. He explained that the decline in the number of participants during the spring is due to the boys leaving the CDSA recreation program temporarily in order to play little league baseball, lacrosse, etc. who then return in the fall. There is a Women’s World Cup scheduled to take place in China this summer which he felt would draw additional participants. This will be occurring when there is less space at Schutte Park rather than more space.
Mr. Elliason noted that with the proposed reconfiguration of Wyoming Mill Road (with the roadway bending slightly to the west towards the entrance of the Village of Westover), there will be a “pie-shaped” area of land, consisting of 10-12 acres of land, between Schutte Park and the reconfigured Wyoming Mill Road. He felt that this reconfiguration will allow for Schutte Park to extend to the west and, with there being approximately 1.6 acres necessary for a full sided soccer field (1 acre for a small sided field), this may provide an opportunity for more fields to be available to CDSA, as well as other organizations.
Mr. Elliason requested that dialogue begin with the City of Dover to solve the field space issue facing the CDSA and that, although the CDSA has made a suggestion, there may be other suggestions that the City could provide to allow for the CDSA to continue to provide opportunities for children of this community.
Mr. Andrade stated that to fulfill the immediate needs of the CDSA for the next two (2) years, four (4) full sided fields would be necessary. He explained that although the actual field size is 1.6 acres, approximately 2½ to 3 acres would be necessary to make up a true field to allow for spacing around the field, parking, etc.
Ms. Baker stated that there is a Long-Range Planning Commission for the CDSA, which has been meeting with representatives of the City of Dover since 2003. Mr. Ruane requested that staff provide the committee with details regarding these meetings, and an understanding of what the long-range possibilities are specifically with the land resulting from the reconfiguration of Wyoming Mill Road, and the timing of this issue. It was his feeling that the committee would then request a staff report, along with a time-line. He also encouraged staff to provide members with information regarding other alternatives that have been explored.
With regards to other alternatives, Mr. Andrade stated that there have been several discussions regarding the Eden Hill property. Although the land was originally going to be donated to the City, according to the last conversation that occurred with DelDOT, they are now indicating their desire to sell the land to the City. Therefore, the City no longer has the same expectations. There is also talk regarding more land needed for roadways and a retention pond.
Ms. Baker indicated that a few years ago, the CDSA put in a bid for acreage for soccer fields at the Garrisons Lake Golf Course area and also Garrisons Farms (Garrison Oak Technology Park). However, there has been no response received. Mr. Andrade noted that the long-term goal would be for the CDSA to acquire 65 acres for 18-20 soccer fields. He indicated that the CDSA will provide a copy of their long-range plan. The long-range need would include 60-100 acres of land.
Mr. Andrade indicated that the cost for membership to the CDSA is $55 for the Recreation Program and $110 for the Representative Program (traveling) and that there is a family discount provided, as well as scholarships.
Parks and Recreation/Open Space Plan - Review of Revised Active Recreation Areas - The Arbors Senior Condominiums: Planned Neighborhood Design - Senior Housing Option (Previously reviewed as College Road Garden Apartments)
In accordance with Article 5, Section 10, of the Zoning Code, all residential developments shall provide Open Space and an Active Recreation Plan, which must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Conditional Use Site Plan by the Planning Commission. Subsection 10.7 of Article 5, Section 10, of the Zoning Code requires that all areas planned for public dedication, or cash donations provided under this section, must be submitted to and approved by the Parks, Recreation, and Community Enhancement Committee and shall be subject to final review and approval by City Council prior to acceptance by the Planning Commission.
Members were advised that The Arbors: Planned Neighborhood Design - Senior Housing Option on College Road previously moved through the site development application process and now the applicants have revised the project, changing it from a two (2) building concept to a one (1) building concept, with the number of units slightly reduced from 48 to 44. The project was previously known as College Road Garden Apartments: PND - Senior Housing Option and was reviewed by the committee during their meeting of April 12, 2005.
The Arbors consists of approximately 4.51+/- acres of land (4.32+/- acres after right-of-way dedication), situated on the north side of College Road, west of the McKee Road intersection. Mr. Greg Voshel, Pennoni Associates Inc., representing the applicant, JNK, LLC (Tony Ashburn & Son, Inc.) presented the Active Recreation Plan for The Arbors (as on file in the City Clerk’s Office).
Upon review of the Recreation Plan for The Arbors, the Department of Planning and Inspections Staff submitted several comments and recommendations for the committee’s consideration. Responding to Mr. Ruane, Mrs. Melson-Williams, Senior Planner, concurred that there are several items included in the Plan that staff has suggested clarification and revisions to the recreation area concept that would improve the Plan. She indicated that staff has not had contact with the applicant regarding the comments and recommendations of the Planning Department.
Mr. Ruane relayed reluctance in taking action until some of the issues mentioned by staff have been resolved. Due to the extensiveness of the suggestions and the need to clarify, it was his feeling that the committee would be in a better position to formulate a recommendation once staff has had the opportunity to discuss their comments and recommendations with the applicant and members be advised of the corrective action taken.
Concurring, Mrs. Horsey felt that there are too many unanswered questions and issues that need to be resolved for the committee to take action at this time.
The committee tabled action to allow for the applicant to respond and provide further information regarding staff’s comments and recommendations.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Review of Current Capital Investment Plan (CIP) Project for Schutte Park
Mr. Carter, Parks and Recreation Director, reviewed and provided members with the current Capital Investment Plan (CIP) Project for Schutte Park. Members actually reviewed the entire Parks and Recreation category.
Noting that several members had questions regarding the various City Parks, along with there being new members of the committee, Mr. DePrima suggested that before the heat of the summer, a tour be scheduled of all City owned parks for members of the committee to familiarize themselves with City parks and facilities.
The committee recommended acceptance of the Report on the CIP Projects for Schutte Park as presented.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Update - Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Manager, stated that another Puncheon Run Watershed Action Team meeting will be held during the second week in June. It was his understanding that the URS Study is underway and will consider additional information regarding base flood elevation from DelDOT.
Responding to Mr. Ruane, Mr. Koenig stated that the grant received, in the amount of $45,000, was for the Clean Water Advisory Committee for conducting the 2nd Phase of the Hydrologic Study (engineering study) to determine if there are any “bottle necks” in the Puncheon Run Basin. This is the Study currently underway with URS and it is expected to be completed during June 2007. The URS would then develop project recommendations to be submitted for funding consideration through the Clean Water Advisory Committee, DNREC, etc. The URS is supposed to make a Study recommendation in the next couple of months for actual fiscal improvements to the basin that will help mitigate flooding.
Mr. Koenig advised members that staff has been working on a pilot mapping project in the basins to depict the stormwater mapping and upper basin on some of the newer developments. The GIS Coordinator has developed a demonstration for the Puncheon Run Watershed Action Team meeting to show mapping that has been accomplished internally. It is hoped the older sections of the basin, such as Crossgates, Mayfair, etc. will be transferred to the GIS system in the upcoming budget year.
Update - John W. Pitts Recreation Center
Mr. Carter, Director of Parks and Recreation, advised members that a progress meeting was held earlier this morning and that the John W. Pitts Recreation Center Project is on schedule. Some of the blacktop is being done today; some of the footers are scheduled to be poured this afternoon; over the next 2-3 weeks, these footers will be put in; and then about mid-July, construction on the actual structure will begin.
With regards to the air conditioning, Mr. Carter advised members that the costs for the geothermal energy is estimated at $750,000. The City’s architects estimated this cost at $100,000; therefore, it is not the intent to pursue the geothermal energy. Mr. DePrima indicated that the plan was to make the cost of geothermal equal to regular air conditioning by subsidizing it with the energy fund money that is being set aside. The amount that has been set aside for Dover totals approximately $100,000. To his knowledge, there is no state moneys that can be used by the City of Dover for this purpose.
Noting that there is relative legislation being considered by the General Assembly, Mr. Ruane encouraged staff to continue to seek grant money or other means, such as cost sharing, to help off-set the costs for using geothermal energy.
Update - Planning and Funding for New Library
Mr. Carter, Director of Parks and Recreation, advised members that the vacancy notice for recruiting a project coordinator for the planning and funding efforts for a new library will be on the Website and that such a notice has been sent to library professionals. Rather than including a closing date, the vacancy will be advertised to remain open until the position is filled.
Members had received a presentation made to Kent County Levy Court, entitled “Libraries in Kent County”. Mr. Carter stated that the Library staff for Kent County made the presentation to the Community Service Committee of Kent County Levy Court. He noted that the recommendations of Staff for Kent County are: 1) for the County to build a Regional Kent County Library south of Dover; 2) as service needs and growth continues, build a second Regional Kent County Library in the Cheswold area; and 3) Eliminate reciprocal borrowing agreements and replace them with a Library Services Grant Program. Mr. Carter advised members that the City of Dover currently has a reciprocal borrowing agreement with Kent County, who has a tax district, and explained that the money comes back to the City, which will pay for circulation for County residents. He noted that the Staff recommendations included items that should not be done, as follows: 1) Combine KCPL and Harrington or Smyrna Libraries; and 2) Do not fund municipal building projects directly, allow the municipalities to build what they can support.
Mr. Carter stated that following the review of this presentation, including the recommendations, he understands that several of the Levy Court Commissioners had concerns and directed that their staff go back to review the issue and to discuss the issue with the various municipalities. He assured members that Levy Court Commissioners have not taken any action nor do they anticipate doing so any time in the near future. Mr. Carter stated that discussions have occurred with the County Administrator and that the City continues to look forward to working with Kent County in the building of the City’s anchor library and continuing library services in Kent County. Mr. DePrima advised members that the County Administrator was not aware of the recommendations until the presentation was made to the Kent County Levy Court.
Update - CDBG Program
Members reviewed the status report provided on the FY 2005 and FY 2006 Program Funds Spent for the CDBG Program.
Discussion - Revisions to Animal Control Ordinance
During their meeting of January 23, 2007, members began reviewing Chapter 18 - Animals of the Dover Code and have suggested numerous revisions. During their meeting of April 24, 2007, members recommended that a Draft Version #3 be presented for further review by the committee.
Mr. Ruane reviewed the previous amendments suggested by the committee, as well as the legal opinion as a result of the last committee meeting. He advised members that he, along with Mrs. Russell, met with representatives of the Police Department to review the proposed ordinance amendments. During this meeting, he stated that he was made aware that the City spends a substantial amount of money on animal control, without recovering any costs for this service. Therefore, as members consider the fees included in the proposed ordinance, Mr. Ruane requested that members justify the increase for cost recovery purposes, since the animal control costs are close to $100,000 for the City.
The following comments were given by Mayor Speed regarding Draft Version #3:
► Page 9, typographical correction to paragraph (a), in the last sentence the word “leach” should be “leash”.
► Page 9, questioned if the terminology of the word “animal” in paragraph (d), subparagraph (1), should be “breed”. Members confirmed that the word should remain as “animal”.
► With regards to fines, he noted that the Charter limits the amount of fines to $1,000. Members requested that staff look into this matter further.
► Pages 14-15, he noted that there are several definitions and questioned if these definitions should be moved to the beginning where all other definitions are located in the ordinance. Members agreed that the definitions should be moved to one area.
► Page 15, the 3rd to the last paragraph, first sentence, the word “processing” should be “possessing”.
► Throughout the document, he noted that when the words “pit-bull terriers” were replaced with “dangerous breeds”, there may be the need to correct the singularly or plurality of the word.
► Page 18, paragraph (d), the words “pit bull terrier” should be changed to “dangerous breed”.
► Page 21, paragraph (f), he noted there is a requirement to render assistance to injured animals and relayed concern since the most dangerous animal is one that is “cornered” and/or injured. He did not feel that the City should codify a requirement to provide assistance when there is a personal safety danger to the person involved.
Mrs. Horsey also noted that cats are known to roam the City and that it may be very difficult or even impossible to find the owner of a cat. She suggested that this paragraph be clarified to address these issues.
Mrs. Russell suggested that members recommend that the City begin charging a license fee for dogs. Responding, Mr. Ruane stated that a dog license is one of the many issues discussed at the meeting with the Police Department. He agreed that such a license requirement should be included in the proposed ordinance amendment. He advised members that the most disappointing issue that came from the meeting was with regards to who would be responsible for the registration. Lt. Bernat intends to approach the SPCA in this regard; however, he does not feel that they will be willing to assume this responsibility.
Mr. Lewis questioned why the registration would not be handled by the Police Department or animal control officer in order for the registration fees to remain with the City.
With regards to Page 8, members felt that cats should be included with the requirement of a license, as well as rabies vaccinations. There was also discussion regarding the possibility of requiring cat licenses if a resident owns more than two (2) cats. Mr. Ruane suggested that other municipalities be reviewed with regards to requiring licenses for cats.
Mrs. Russell felt that the 2nd to the last paragraph on page 11 should be amended by replacing the word “fourth” with “third”.
Mr. Ruane noted that the animal control ordinance for New Zealand includes substantial fines and disqualification of ownership. In reviewing their requirements, members felt that the City should include a provision to disqualify residents from ownership. It was suggested that this paragraph should read as follows: “When there is a third offense, the animal control officer may seize the animal and the person shall be disqualified from owning an animal for ‘a number of years’”.
Mrs. Russell moved to recommend amending the 2nd to the last paragraph on page 11 by replacing the word “fourth” with “third” and that the sentence be amended to include “and the person shall be disqualified from owning an animal for ‘a number of years’”. The motion was seconded by Mr. Lewis and unanimously carried.
Referring to Page 15, Mr. Ruane stated that the legal opinion received from the City Solicitor indicates that the City can include such language; however, there should be an explanation included and requested the committee’s input in this regard. Members felt that the City Solicitor should be contacted to provide appropriate wording.
Noting that there will be another review required, Mr. Ruane suggested that members consider who should be responsible for enforcing the licensing of required animals to be discussed during their next meeting, along with other proposed amendments.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT - MAY 29, 2007
The Utility Committee met on May 29, 2007 with Chairman Carey presiding.
Dedication of Rights-of-Way and Public Infrastructure - Fox Hall West
The developer of Fox Hall West Subdivision (Phases IV and V), Tony Ashburn, Inc., has requested that all rights-of-ways and public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Tony Ashburn, Inc. has constructed all of the improvements in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer. A one (1) year Maintenance Agreement, Maintenance Bond, and a Release of Liabilities have been submitted by the developer. In addition, as-built drawings have been submitted to the Department of Public Works for their permanent records. Staff recommended acceptance of the dedication of rights-of-way and public infrastructure in Phases IV and V of the Fox Hall West Subdivision, with dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (estimated construction value = $ 81,600.00):
8" PVC Sanitary Sewer Main - 2,946 l.f.
4" PVC Sanitary Sewer Laterals - 1,526 l.f. (48 laterals)
4' Diameter Sanitary Sewer Manholes - 13 ea. (78.23 v.f.)
Water Utility Infrastructure (estimated construction value = $ 100,500.00):
4" Ductile Iron Water Main - 165 l.f.
6" Ductile Iron Water Main - 337 l.f.
8" Ductile Iron Water Main