REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 11, 2006 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 Captain Taraila, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Fire Chief Bashista, 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.
Mr. Robert Neylan, resident of the 500 block of North Bradford Street, stated that he surveyed the residents of the 400, 500, and 600 blocks of North Bradford Street regarding the recently instituted two (2) hour parking restrictions. He noted that they were asked if they had a problem with parking in front of their homes and 94% said they did not. Residents were also asked if they were notified of the parking restriction and 100% said they were not. When asked if they were in favor of the two hour parking restriction, all but one (1) said no. Mr. Neylan noted that two (2) residents did have problems with other residents parking in front of their driveway. He suggested that the area of real concern is in the 200 and 300 blocks near Wesley College.
Mr. Allen Muller of Green Delaware noted that the City of Dover is appealing Delaware Regulation 1146: Electric Generating Unit (EGU) Multi-Pollutant Regulation based on an improper, arbitrary, and capricious decision by the State to adopt the regulation. He noted that he has visited the McKee Run power plant and met with City staff to obtain more information on the effect the regulation would have on the City. Mr. Muller stated that the return on the investment to clean up the power plant would be realized through better health for the residents of Delaware. He advised members that the McKee Run power plant produces more pollution in proportion to the amount of energy produced than any other plant that falls under the regulation. Mr. Muller requested members to change course because it is unwise, unethical, and harmful to the citizens they represent.
Mr. Eric O’Brien, 30 N. New Street, reiterated his concerns of noise, prostitution, and suspicious behavior on New Street. He noted that last New Year's Eve was particularly loud because of people setting off fireworks and he requested that the police try to keep the chaos to a minimum this year. Mr. O’Brien also noted that the circulation department of the Dover Post has advised him that early morning loitering is preventing them from delivering the paper to his neighborhood.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 27, 2006
The Minutes of the Regular Council Meeting of November 27, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
PRESENTATION - DISK GOLF COURSE (NICHOLAS ABRAMS)
Mr. Nicholas Abrams provided a presentation on the disk golf course he recently installed in Dover Park as one of his Eagle Scout projects. He noted that disk golf is very similar to regular golf; however, frisbee type disks are used. Members thanked Mr. Abrams for his contribution.
PARLIAMENTARY PROCEDURE REVIEW
Mrs. Traci McDowell, City Clerk, provided a presentation on Parliamentary Procedures, including Reading Prepared Statements, Negative Motions, and Amending Motions (as on file in the Office of the City Clerk).
Mr. Hogan stated that, as a courtesy to members, he would like to have any statements or documents that will be read by another member during the Council meeting provided to all members in advance of the meeting.
UTILITY COMMITTEE REPORT - NOVEMBER 27, 2006
The Utility Committee met on November 27, 2006, with Chairman Carey presiding.
Annexation Request - Property Located at 1889 Kenton Road
Members were provided the Petition to Annex and Zone Property and a Cost/Revenue Analysis Summary for property located at 1889 Kenton Road, containing 0.50+/- acres, owned by Brian L. and William A. Bright.
Mrs. Ann Marie Townshend, City Planner, advised members that, in July of 2005, the City installed a low pressure sanitary sewer force main across Kenton Road to serve the property. Additionally, the City has installed a 1" water service to this property. This property is within the Delaware Electric Co-op’s district and Mrs. Townshend stated that she will provide additional information regarding the possible use of City electric. The Cost-Revenue analysis showed a positive cash flow to the City of approximately $6,279 over ten years.
Mrs. Townshend informed members that neighboring land owners were contacted, with no one showing interest in annexation at this time.
The committee recommended adoption of a Resolution setting the date for an annexation referendum to be held on January 11, 2007, for property located at 1889 Kenton Road .
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation. The motion was seconded by Mr. Salters and, by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 1889 Kenton Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 1889 Kenton Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 11th day of January, 2007 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: DECEMBER 11, 2006
Dedication of Rights-of-Way and Public Infrastructure - Hidden Creek
The developer of the Hidden Creek Subdivision, Hidden Creek, L.L.C. (Dilsheimer Homes), has requested that all rights-of-way and public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Hidden Creek, L.L.C. 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. All work has been completed and a one-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 Services for its permanent records.
Staff recommended acceptance of the rights-of-way and public infrastructure for the Hidden Creek Subdivision, with dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (construction value = $ 523,391.00):
10” PVC Sanitary Sewer Main - 4,107 l.f.
8" PVC Sanitary Sewer Main - 3,975 l.f.
4” PVC Sanitary Sewer Laterals - 2,284 l.f. (70 laterals)
4' Diameter Sanitary Sewer Manholes - 35 ea. (318 v.f.)
Water Utility Infrastructure (construction value = $ 161,916.00):
6” Ductile Iron Water Main - 95 l.f.
8” Ductile Iron Water Main - 4,270 l.f.
12” Ductile Iron Water Main - 805 l.f.
1” Type “K” Copper Water Service Line - 2,140 l.f. (68 services)
8” Gate Valves - 11 ea.
12” Gate Valves - 1 ea.
6” Hydrant Valves - 5 ea.
Fire Hydrants - 5 ea.
2” Blow Off Assembly - 2 ea.
Storm Water Infrastructure (construction value = $ 192,958.00):
Yard Basins - 6 ea.
Single Catch Basins - 33 ea.
Double Catch Basins - 3 ea.
4’ Storm Water Manholes - 2 ea.
15” Type IV Reinforced Concrete Pipe - 1,583 l.f.
18” Type IV Reinforced Concrete Pipe - 617 l.f.
24” Type IV Reinforced Concrete Pipe - 1,491 l.f.
Street Infrastructure: (0.78 miles) (construction value = $ 520,306.00)
Riverside Road Station 0+00 to Station 12+52.24 1,252.24 l.f.
Creek Bend Road Station 0+00 to Station 9+45.70 945.70 l.f.
Canal Street Station 0+00 to Station 6+95.68 695.68 l.f.
Crickle Creek Lane Station 0+00 to Station 12+28.83 1,228.83 l.f.
4,122.45 l.f.
During the committee meeting, Mr. Carey requested that additional maps be provided that include landmarks to make the surrounding area easier to identify.
The committee recommended approval of staff’s recommendation for the acceptance of the dedication of rights-of-way and public infrastructure in the Hidden Creek Subdivision, to include all of the referenced public improvements.
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.
Potential Electric Rates for January 1, 2007
The current electric rates were adopted in June 2006 and implemented on July 1, 2006. At that time, it was conveyed that there would be a need to adjust the rates again in the next six (6) to twelve (12) months. Members were provided proposed rates designed to provide the $3.144M additional revenue which was discussed during the Burns & McDonnell presentation of October 23, 2006 and in the November 13, 2006 presentation by Mrs. Mitchell, Finance Director. Some adjustments have also been made to the demand rates. These adjustments were made so as not to overcharge these customer classes and are based on a cost of service analysis by Burns & McDonnell. Only Tilcon and the Dover Air Force Base currently have a power cost adjustment. Both of these customers are contractual. The combined rates for power cost adjustment and energy equal the standard Dover energy rates of Primary and Transmission respectively. These two customers also have seasonal demand charges (charges that are different in the summer and winter billing months). Tilcon’s contract will expire in February. Beginning in March 2007, Tilcon will be moved to the standard Primary rate. Staff is currently working with the Dover Air Force Base to move them to the standard Transmission class.
Staff recommended adoption of the potential rates, if City Council determines that the additional revenue is needed.
Mr. Carey expressed concern regarding the current financial situation, especially the buy back of inventory from Duke Energy. Mrs. Mitchell stated that the $4.5M short-fall with the power plant includes materials and the buy back of inventory will be a balance sheet item, and will not be considered revenue. Mr. Ruane stated that the proposed 8% rate increase does not satisfy the cost of the power plants, and an additional 6% increase would be needed to reflect a true cost of service.
Responding to Mr. Snaman, Mrs. Tieman, Senior City Administrator, stated that the City’s rates are the second lowest in the State of Delaware, behind Delaware Electric Co-op. Mr. McGlumphy requested additional information regarding the proposed rate increase per 1000 megawatt hour for a typical residential bill.
It was the consensus of members that no action would be taken at this time.
The committee recommended that a joint meeting of the Legislative, Finance and Administration and Utility Committees be held on December 11, 2006 to further discuss the potential electric rates.
Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and unanimously carried.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 27, 2006
A Special Legislative, Finance, and Administration Committee meeting was held on November 27, 2006 with Chairman Salters presiding.
Financial Reporting and Information Flow
Mrs. Donna Mitchell, Finance Director, continued the Financial Reporting and Information Flow presentation from the November 13, 2006, Legislative, Finance, and Administration Committee meeting. Mr. Hogan expressed concerns regarding the proposed rate increases and the $1.2M being placed in the Rate Stabilization Fund. Mrs. Mitchell stated that approximately $5M has already been used to off-set rate increases and the additional $1.2M will replenish the fund. Prior Council action placed the Duke Energy rebates into the Rate Stabilization Fund, which was established in 2002 when the City began receiving the rebates. Mrs. Mitchell informed members that the Fund should be used as a component when calculating electric rates during the budget process. Responding to Mr. Salters, Mrs. Mitchell stated the City’s carry forward balance is currently 8.9% or $7.6M.
Mr. Ruane stated that the shortfall in revenue and the lower than expected rate of growth are significant components in establishing any proposed rate increases. Mrs. Mitchell informed members that if growth is less than projected, fixed costs will be not covered. She stated that the growth rate has been reduced to 1% based on historical data from the five previous fiscal years. Mr. McGlumphy, noting that the total shortfall of $7.6M is for fiscal year 2007, questioned the setting of the growth rate at 3% based on the historical information available. He also expressed concern regarding the $20 million bond issue scheduled for 2008.
Based on the assumption that the power plant will be revenue neutral or break even, Mrs. Mitchell stated that if the substation short fall is not factored into the proposed electric rate increases, the budget balance going forward will be zero. She also stated that the current cash flow issues are due to large energy bills that are in excess of the available budget balance.
Mr. Slavin noted that eliminating the transfers to the general fund would reduce the stress on the Electric Fund and help to protect the bond rating. He also stated that, to reduce the gap in the current year and in future years, expenditures and transfers to other reserve accounts must be reviewed in addition to the proposed electric rate increase. Mr. Hogan stated that efforts should be made to cut expenses and eliminate the transfer of funds to the Rate Stabilization Fund this year. He also suggested evaluating next year’s budget in effort to reduce expenses.
Staff was requested to provide information on the efforts to preserve the bond rating, a reduction in the transfer to the General Fund from the Electric Fund, and the details on the impact to the General Fund. Staff was also requested to provide the following scenarios: 1) A rate increase only; 2) A reduction in expenses only; and 3) If rates were adjusted to cover the true cost of providing the service, what adjustments would need to be made to expenses and the transfer to the General Fund.
The committee took no action.
Mr. Salters moved for acceptance of the Special Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 28, 2006
The Parks, Recreation, and Community Enhancement Committee met on November 28, 2006, with Chairman Ruane presiding.
Presentation - URS Stormwater Report
Mr. Jared Adkins, Stormwater Engineer with the Kent Conservation District, provided an update on the URS Stormwater Report regarding the Puncheon Run Watershed. Mr. Adkins stated that he would present the first half of the study and provide a detailed look at the water flowing into the Puncheon Run and how much water is in the stream at certain points.
Mr. Adkins stated that the Kent Conservation District has information regarding the flooding issues with the Puncheon Run dating back to the 1970's. He noted that most of the properties along the Puncheon Run have property lines that run to the center of the stream. Most residents have an expectation that the flood plain area can be utilized, which causes a conflict when there is a major event, such as a hurricane, which will cause the stream to rise beyond its bank into the flood plain area and into residents backyards.
Mr. Adkins noted that an initial watershed model was built approximately six (6) years ago for the Puncheon Run watershed, from the railroad tracks to Route 8, which indicated under-management of the area downstream and over-management of the area upstream. He stated that numerous developments such as Hidden Creek, Nottingham Meadows, Kesselring, and Eden Hill have agreed to over-manage their stormwater management ponds to help alleviate the downstream flooding. The water flowing upstream will be held back to allow for the initial peak downstream to clear out. Mr. Adkins provided a summary sheet that compared the Puncheon Run water flows between existing conditions vs post-development (over-detention) and a summary sheet that compared water flows between post-development (current detention practices) vs post-development (with over-detention).
Mr. Adkins indicated that the State requirement to manage stormwater for Sussex and Kent Counties is 3.5 inches of rain for a two-year storm and 5.3 inches of rain for a ten-year storm. He noted that the developers were asked to over-manage their stormwater management ponds, according to the 100-year storm requirement.
Mr. Akins stated that, in order to try to alleviate the flooding problems, a survey crew would need to take cross sections of the 90 degree bends located in the Puncheon Run, upriver from the South Governors Avenue bridge, to see how this affects the water flow. He noted that channel straightening may be involved, which would require the approval of property owners affected, as well as obtaining a permit from the Army Corps of Engineers. Mr. Adkins felt that it would be best to complete the study prior to requesting permits from the Army Corps of Engineers. He indicated that a funding request in the amount of $30,000 - $45,000 will be made to the Clean Water Council to begin the second half of the study, which will consider options for alleviating the flooding issue.
Mr. DePrima stated that he would like to receive the estimated cost of funding so that a share of that cost can be brought before City Council for consideration.
During the committee meeting, Mr. Robert Sadusky, 88 Lynnhaven Drive, stated that he has lived along the Puncheon Run since 1977 and that the last two (2) rains, which were 1.9 inches and 1.8 inches, caused the stream to raise above its banks and flood his backyard. He noted that normally that much rainfall did not change the water level of the Puncheon Run. Mr. Sadusky felt that an improvement in water flow would be seen if the riprap, located in the center of the stream, and the two 90 degree bends were removed, as well as the debris from the lower part of the Puncheon Run.
Mr. Rex Bell, 72 Lynnhaven Drive, stated that if buying out the properties would take care of the flooding problem, and be the cheapest solution, then maybe it should be considered. He suggested that a call to the local Legislators should be made asking for assistance with the permitting process from the Army Corps of Engineers.
Mr. Ruane stated that he understood that this was a preliminary view of the URS Stormwater Report and suggested that Mr. Adkins present a more refined update, including specific recommendations to reduce flooding and an update on the funding necessary to complete the second part of the study.
Mr. DePrima noted that a subaqueous permit for the removal of the sandbar at the Governors Avenue bridge has been submitted to DNREC.
The committee recommended that Staff be directed to contact DNREC regarding the removal of debris from Puncheon Run downstream from State Street.
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.
Presentation - Survey Results - Spring and Summer Performing Arts Presentation
Mr. Zachery Carter, Director of Parks and Recreation, reviewed the Spring and Summer Performing Arts Survey Results. He advised members that for the past four (4) years, the Delaware State News has donated funds to help support the program.
Mr. Carter noted that a drop in attendance is expected once an event is moved inside due to inclement weather. He advised members that shuttle buses are utilized as an outreach to citizens in residential facilities.
Mr. Ruane suggested that Mr. Carter present Council with an abbreviated version of the Spring and Summer Performing Arts Survey Results presentation.
The committee took no action
Presentation - Survey Results - Softball Leagues
Mr. Carter reviewed the Softball League Survey Results and distributed the final page of the Softball League presentation that indicated constituent responses. He stated the ballfields currently being utilized are located at Schutte Park, Dover Park, and New Street. Mr. Carter noted that only one organization supplies umpires and the league fees help pay for that cost.
Ms. Carolyn Courtney, Administrative Assistant with the Parks and Recreation Department, stated the Summer Men’s Softball League fee was $835 and that the Co-Ed League fee was $485.
Mr. Ruane suggested that Mr. Carter present Council with an abbreviated version of the Softball Leagues Survey Results presentation.
The committee took no action
Presentation - Silver Lake Swimming Statistics
Mr. Carter reviewed the Silver Lake Swimming Statistics. He noted that out of the sixty-eight (68) days that the Silver Lake Beach was closed, twenty-nine (29) of those days were due to water advisories and thirty-nine (39) days were due to lifeguards not being available. Mr. Carter indicated that one of the goals for the Parks and Recreation Sports Coordinator is to develop a program to train and recruit lifeguards to help address this issue.
Mr. DePrima stated that an outdoor Splash Park, which is included in the Capital Investments Plan, would be a cheaper alternative when compared to the beach at Silver Lake due to less operating costs, liability, and the number of lifeguards that would need to be on duty.
The committee took no action
Evaluation of Bids - John W. Pitts Recreation Center
During the meeting of October 10, 2006, Mr. Carter informed members that due, to the receipt of only one (1) bid, in the amount of $2.9 million, the construction of the project was re-bid with a new due date of November 6, 2006.
Six (6) bids were subsequently received for the construction of the John W. Pitts Recreation Center, with the two (2) lowest bids being received from Kent Construction, with a base amount of $2,745,000, and Bob Smith Contracting, with a base amount of $2,749,000. The bid documents required a single general price and four alternatives that would deduct material from the Center, and one alternative that would add a mezzanine. A unit price for concrete was also requested because each manufacturer’s design of the building is slightly different. The precise location of the columns, especially the corner columns, almost always varies among manufacturers. The concrete price helps gauge possible costs of design changes. The project architect has determined that the differences in concrete unit prices will not impact the low bidder status of each option. After analyzing the bids, staff determined that it was not to the City’s advantage to remove the interior or exterior masonry, as suggested in Alternates #1 and #2, or the Kalwal, as suggested in Alternate #3, which lets natural light into the gym. It was also decided not to add a mezzanine to save on expenses.
Staff was willing to evaluate dropping the air conditioning for the gym with the idea that it could be added later, perhaps using geothermal cooling, a green technology which may qualify for grant funding. An analysis was done for the gym using scenarios of “with” and “without” air conditioning and the project with air conditioning leaves $61,605 for contingency costs, while the project without air conditioning leaves $100,605 for contingency. Constructing the project without air conditioning will result in the gym not being able to be used on some days. While there has been no analysis, it would be more costly to retrofit the gym, unless a grant or funding for green energy can be found. Operating expenses without air conditioning would be less. Retrofitting with geothermal will have a long term cost savings on related energy costs and show leadership in this area by the City. Staff was comfortable with either alternate and believes a solid discussion of the pros and cons at the Committee level will render the appropriate decision.
Staff noted that fundraising continues and other legislators are expected to contribute Community Transportation Funds. Private sector fundraising will be easier once construction has been approved.
Responding to Mr. Ruane, Mr. DePrima stated that the offices, multi-purpose room, and classroom will be air conditioned. If air conditioning is not installed in the gym at this time, the immediate cost saved will increase the contingency cost to $100,605.
Mr. Peter Vyverberg, Architect with Becker Morgan Group, Inc., stated that the cost of a geothermal system would be approximately 35-40% (percent) more than a traditional air conditioning system. A geo-technical study will have to be done to test the soil for conductivity in order to even consider a geothermal system.
Mr. Lewis and Mrs. Russell suggested that the low bid, including the cost for air conditioning the gym, be accepted. Mr. McGlumphy stated that he could not make a firm decision due to the uncertainties with a geothermal system. Mrs. Horsey stated that her preference is for a geothermal system; however, the study regarding soil conductivity must be completed first to see if the site can actually support a geothermal system. Mr. Ruane stated that he favored a geothermal system and suggested that members accept the bid without air conditioning to allow time for staff to present a more detailed cost for a geothermal system.
The committee recommended awarding the bid to the low bidder, Bob Smith Contracting, in the amount of $2,706,000, excluding Alternate #5 (No HVAC in the gym), as recommended by staff.
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.
The committee recommended that staff present a report examining the cost differential between a geothermal system and a traditional air-conditioning system.
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.
Proposed Amendment to 2005 Consolidated Plan - CDBG Citizen Participation Plan
Mrs. Tracey Harvey, Director of Community Development, reviewed the proposed amendment to the 2005 Consolidated Plan - CDBG Citizen Participation Plan, that would assign the functions of the Consolidated Plan Advisory Group (CPAG) to the Parks, Recreation, and Community Enhancement Committee.
The committee recommended approval of the proposed amendment to the 2005 Consolidated Plan assigning the functions of the CPAG to the Parks, Recreation, and Community Enhancement Committee, as recommended by staff.
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.
Proposed Amendment to Plus Memorandum of Understanding (MOU)
On February 9, 2004, City Council approved a Preliminary Land Use Services (PLUS) Memorandum of Understanding (MOU) between the State of Delaware Office of State Planning Coordination and the City of Dover. The PLUS MOU established a coordinated review of certain development activities in order to achieve a more efficient, effective and timely use of resources and consistency and coordination between the various levels of government and other interested parties. Paragraph 4 of Section C of the PLUS agreement acknowledges that “Any project of any size proposed to the east of Delaware Route 1 and north of South Little Creek Road” would be subject to the State PLUS review in recognition of the Garrison Tract MOU, which acknowledges in Section 2 that the City shall “Strongly adhere to existing Comprehensive Plan and zoning designations for the remaining areas east of SR1, which support agricultural uses and low-density development.”
A recent application to the City for rezoning of a property east of SR1 provided evidence that Paragraph 4 of Section C of the PLUS MOU should be amended to include such rezoning applications east of SR1 in the PLUS review process, as well as “any project of any size”.
Mr. Ruane reviewed the proposed amendment to the Preliminary Land Use Services (PLUS) Memorandum of Understanding (MOU), which would make any rezoning proposed to the east of Delaware Route 1 and north of South Little Creek Road subject to State review under Title 29, Chapter 92, Delaware Code.
The committee recommended approval of the proposed amendment to the PLUS Memorandum of Understanding (MOU), as recommended by staff, and that the amendment be forwarded to the Planning Commission for review and recommendation to Council.
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.
Discussion - Revisions to Animal Control Ordinance
Due to insufficient time, discussion on Revisions to the Animal Control Ordinance was deferred until the next committee meeting.
Update - Planning and Funding for New Library
Due to insufficient time, the update on Planning and Funding for New Library was deferred until the next committee meeting.
Update - CDBG Program
Due to insufficient time, the update on the CDBG Program was deferred until the next committee meeting.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - NOVEMBER 28, 2006
The Safety Advisory and Transportation Committee met on November 28, 2006, with Chairman Hogan presiding.
Briefing on DelDOT Projects (Juanita Wieczoreck)
Ms. Juanita Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), provided the following updates:
DelDOT Mega Traffic Study (SR1/Route 8 and East Dover Housing Development Projects)
No update available at this time.
West Dover Connector
A decision on the preferred alternative for the West Dover Connector will be made during the 2007 calendar year. The alternatives are currently being reviewed by the State Historic Preservation Office.
Traffic Signal at Greenway Lane and Kenton Road
Consideration of a traffic signal at Greenway Lane and Kenton Road will be included in the Kenton Road Study, which will also address the lack of shoulders, sidewalks, and bike paths. The study group held its first meeting on November 15, 2006.
South Governors Avenue Improvements
The South Governors Avenue Improvements project includes South Governors Avenue from Water Street to Webbs Lane. Funding has been authorized for right-of-way acquisition and construction. The final design stage has begun, with construction scheduled to begin in the Spring of 2008.
Signalization Project
The Signalization project has been fully funded and is moving forward. A more detailed update will be provided at the next meeting.
Wyoming Mill Road Project
The Wyoming Mill project has been earmarked to receive funding that requires a 20% (twenty percent) match. Staff is currently investigating the possibility of using the land donated for the right-of-way as the required 20% (twenty percent) match.
Ms. Wieczoreck indicated that a Public Advisory Committee was formed and is currently conducting a study of Route 8, from the railroad tracks to Artis Drive, which will review operational and aesthetic aspects. The next committee meeting for this study is scheduled for January 2007. Mr Hogan suggested that Mr. Carey serve on the committee, since he lives in that area of Route 8.
This past Summer and Fall the MPO conducted an elderly mobility survey of approximately 687 senior citizens, 55 years and older with most being between the ages of 63 and 85 years old. According to the survey, 42% (forty-two percent) were located within the City of Dover limits and 73% (seventy-three percent) still drive. The top three (3) main issues that seniors felt needed to be corrected were that there is too much traffic, too many aggressive drivers/speeders, and a lack of bicycle paths and sidewalks. Ms. Wieczoreck advised members that Seniors can request trips on DART’s ParaTransit service; however, they need to call a day in advance and need to be ready two hours prior to each scheduled pickup, therefore, it’s not very convenient. She noted that seniors can call SCAT (Senior Citizen Affordable Taxi) for discount DART tickets, which reduces the fare price by half. She also stated that the MPO is currently working with DART to put together a coordinated human services transportation plan for the whole State of Delaware.
Responding to Mr. Hogan, Ms. Wieczoreck stated that the Walker Road Improvement Project is currently awaiting funding.
The committee took no action.
Proposed Ordinance Amendment - Maintaining a Known Hazzard
Mr. David Truax, City Fire Marshal, reviewed a proposed ordinance amendment that would provide the Fire Marshal a means to take corrective action when property owners and/or tenants have been made aware of fire code violations and continue to maintain the hazard or violation. It will also help to insure that violations do not go uncorrected for long periods of time, and make it more costly to pay the fine than to fix the violations.
Responding to Mr. Carey, Mr. Truax indicated that if a fine goes unpaid, a summons for arrest could be issued and, depending on the violations the establishment could be closed down.
Mr. Hogan suggested that the proposed ordinance amendment be revised to include a statement indicating that fines will be levied according to Chapter 1 - General Provisions, Section 1-17, of the City of Dover Code, and that the establishment could be closed down due to a violation that goes uncorrected. He requested that the amendment then be brought back to members for their review.
The committee took no further action.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION AND UTILITY COMMITTEE REPORT - DECEMBER 11, 2006
A Joint Legislative, Finance, and Administration and Utility Committee Meeting was held earlier in the evening, with Council President Williams presiding.
Budget and Electric Rate Review and Recommendations
During their Regular Meetings of November 27, 2006, both the Utility Committee and the Legislative, Finance, and Administration Committee considered items related to electric rates (Potential Electric Rates for January 1, 2007 and Financial Reporting and Information Flow). The Utility Committee recommended that a joint meeting of the Legislative, Finance, and Administration and Utility Committees be held to further discuss the potential electric rates.
Mrs. Donna Mitchell, Finance Director, provided a presentation regarding the Budget and Electric Rate Review and Recommendations. Mrs. Mitchell informed members that a one percent (1%) rate increase would equal approximately $393,000. Referring to slide number #7, she advised members that the average increase in the annual kilowatt hour sales was 1.2% per year. Mr. Carey suggested lowering the 2007 projection based on the previous three (3) years. Mr. Hogan suggested that trend lines be added to graphs and that ten years be the standard measurement used when reviewing and analyzing information.
Responding to Mr. Slavin, Mrs. Mitchell stated that the Finance Department developed the allocated expense ratios by fund, based on head count, benefits, and salaries. These ratios are then averaged together. Ratios for the City Manager, City Clerk, Finance Director, and the Mayor are done based on fixed assets and budgets. She noted that this process has been in place for the last three (3) years; however, it has not been compared to other municipalities. Mrs. Mitchell also stated that she will provide additional information regarding a comparison.
Responding to Mrs. Williams, Mrs. Mitchell stated that even if the electric rates are not increased until July, Moody’s will look for evidence that the City has taken the necessary steps to correct the budget short fall before the end of the fiscal year. At the request of Mayor Speed, Mrs. Mitchell provided information on the downgrading of the City’s water bonds and the three (3) years it took to restore the water bonds to a favorable rating.
Responding to Mr. Salters, Mrs. Mitchell stated that if the power supply and PACE Management fee of $84 a megawatt hour increases, then the electric rates would need to be adjusted to cover any increase. She stated that a decrease is also possible.
Mr. Tony DePrima, City Manager, suggested that members focus on the remaining fiscal year and the next fiscal year, noting that the recommended rate increases will cover those periods. Mr. Slavin reminded members that any disciplines adopted this year will be carried over into later fiscal years and it would be prudent for Council to address the out years, in addition to the remaining and the next fiscal years.
Responding to Mr. Ruane, Mrs. Mitchell stated that the electric improvement pro