REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 23, 2006 at 7:30 p.m. with Vice President Salters presiding in the absence of Council President Williams. 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, 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 Hollingsworth, 228 N. Caroline Place, thanked Council Members and the Public Services Department for assisting with the cleanup of the Mallard Pond park. He noted that sidewalks were installed and trees were planted and the park looks very nice.
Mr. Eric O’Brien, 30 N. New Street, provided a letter and supporting documentation expressing his feeling that his constitutional rights are being violated by the behavior and noise of people on the streets (Exhibit #1).
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey requested that item #2A, Presentation - Certificate of Congratulations - David J. Truax, be deleted from the agenda.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Slavin and unanimously carried.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 9, 2006
The Minutes of the Regular Council Meeting of October 9, 2006, were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Speed.
PRESENTATION - CERTIFICATE OF RECOGNITION - CHRISTOPHER LAVELLE
The following Certificate of Recognition was read into the record by Mayor Speed:
WHEREAS, on September 18, 2006, Christopher Lavelle was promoted to1st Lieutenant, Civil Air Patrol, Commander of the Dover Composite Squadron; and
WHEREAS, Christopher Lavelle was instrumental in executing a Memorandum of Understanding between the Civil Air Patrol and the City of Dover, which will allow the City to make the most of the services offered by the Civil Air Patrol and its volunteers for the public good; and
WHEREAS, the Memorandum of Understanding will also allow the utilization of such services as aerial reconnaissance during natural disasters to survey traffic situations, flooding, and the utility infrastructure; and
WHEREAS, thanks to the dedication and commitment of Christopher Lavelle, the Civil Air Patrol and the City of Dover will now work together to ensure the safety of our City and its residents; and
WHEREAS, it is deemed an honor and a privilege to present this Certificate of Recognition to CHRISTOPHER LAVELLE on this 23rd day of October 2006.
Colonel Russell M. Opland, Commander of the Delaware Wing of the Civil Air Patrol, provided a PowerPoint presentation of the mission, vision, and values of the Civil Air Patrol (Exhibit #2).
Mr. DePrima advised members that Mr. Lavelle is also a City of Dover dispatcher.
PRESENTATION - FIRST NIGHT DONATION FROM PACE GLOBAL
Mr. Tim Sutherland, Chief Executive Officer of Pace Global Energy Services, and Mr. Jim Utt, Director of Pace Global Asset Management, presented Mayor Speed with a check in the amount of $10,000 for First Night. Mrs. Shelley Cecchet, Executive Director of First Night, and Mr. Tom Holt thanked Mr. Sutherland and Mr. Utt for their very generous donation.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 349 ACORN LANE (OWNED BY LUIS A. LIRANZO AND VIRGINIA RODRIGUEZ) AND 446 ACORN LANE (OWNED BY THOMAS M. ROMANOWSKI)
An annexation referendum was held on October 12, 2006 for property located at 349 Acorn Lane, owned by Luis A. Liranzo and Virginia Rodriguez, and 446 Acorn Lane, owned by Thomas M. Romanowski.
Referendum Results
The City Clerk reported that the referendum was held with three (3) eligible voters. No votes were cast in favor of the annexation, and no votes were cast against the annexation.
Mr. McGlumphy moved to accept the referendum results, seconded by Mr. Hogan and unanimously carried.
In accordance with Section 1A - Procedure to extend boundaries, of the City of Dover Charter, if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion of that territory within the limits of the City of Dover, the proposed annexation of said territory shall be declared to have failed. Nothing in this Charter shall prohibit the council from resubmitting a proposal of annexation to the voters of said territory, or any portion thereof, under the authority of this section and in accordance with the provisions thereof.
Staff recommended that the annexation referendum be rescheduled for November 2, 2006, and that a public hearing be set for November 13, 2006 at 7:30 p.m.
Mr. McGlumphy moved for approval of staff’s recommendation, seconded by Mrs. Russell and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD WEST OF MOURNING DOVE LANE, CONSISTING OF 12.7898+/- ACRES, OWNED BY TLFD MANAGEMENT, LLC.
A public hearing was duly advertised for this time and place to consider rezoning of property located on the south side of White Oak Road, west of Mourning Dove Lane, consisting of 12.7898+/- acres, owned by TFLD Management, LLC. The property is currently zoned R-20 (One Family Residence Zone) and the proposed zoning is R-8 (One Family Residence Zone).
Planner's Review
Mrs. Townshend, City Planner, reviewed the Petition to Amend the Zoning District and the findings and recommendations of the Planning Commission (Exhibit #3). Mrs. Townshend advised members that the Planning Commission recommended approval of the rezoning request.
Responding to Mr. Ruane, Mrs. Townshend stated that there were references to maintaining the character of the area east of Route 1 scattered throughout the Comprehensive Plan. She noted that the Memorandum of Understanding (Exhibit #4) clearly states that commercial rezonings would not be looked upon favorably.
Referring to the Strategies for State Policies and Spending, Mr. Ruane asked how development of this parcel would be impacted by its location in an area that the State has designated as an area that they are not going to invest in. Mrs. Townshend advised members that this area has been designated in the Strategies for State Policy and Spending as a level two and three investment area. She noted that since the parcel is east of Route 1, and the State has purchased the development rights to parcels surrounding this property, it is unlikely that the State would contribute to infrastructure upgrades, such as road improvements. Mrs. Townshend noted that, regardless of the investment designation, the State does not support development east of Route 1.
Responding to Mr. Hogan, Mrs. Townshend stated that the Oak Shadow’s log home community is located to the north and east of this property. She noted that she is still trying to obtain information on which parcels the State has purchased development rights for.
Public Hearing
Vice President Salters declared the hearing open.
Mr. Frank DiMondi, Jr., owner of TLFD Management, LLC, stated that there are a variety of uses surrounding the parcel, including several properties zoned R-8, general industrialized zoning, and a salvage yard. He noted that they anticipate having approximately 5.10+/- acres to develop and they plan to construct approximately 19.5 units. If they receive a density bonus, they could add another four (4) units, for a total of 22 or 23 units. Mr. DiMondi stated that they fully intend to comply with the tree ordinance and they have included those requirements in their design.
Responding to Mr. Ruane, Mr. DiMondi stated that they were willing to be responsible for the cost of any necessary road improvements. He noted that DelDOT may not require a deceleration lane due to the small size of the parcel.
Mr. Bill Simpson, 3 Meadowlark Lane, owner of Oak Shadows, expressed concerns about the woodland and wetland requirements for the site. Mrs. Townshend stated that the woodlands and wetlands would be evaluated during the plan review process. She noted that the applicant would be required to preserve 50% of the woodland on site. Mr. Simpson stated that, due to the lot size, it would be difficult to move heavy equipment around without damaging the trees.
Vice President Salters declared the hearing closed.
Mr. McGlumphy moved for approval of the rezoning request, as recommended by the Planning Commission, seconded by Mr. Carey.
Mr. Ruane stated that the rezoning would be in opposition to the Memorandum of Understanding between the City of Dover, Kent County, and the State of Delaware and would send the wrong message to other developers. He noted that the State’s purchase of the development rights for the surrounding properties, at a considerable cost, indicate that they do not want these properties developed. Mr. Ruane also noted that the Garrison Tract is a very important asset for the City of Dover and he would not want to set the precedent of rezoning parcels in the areas east of Route 1. He also advised members that the Strategic Plan for the State of Delaware discourages this type of amendment east of Route 1 because of how it impacts Route 1 and the Garrison Tract.
Mr. Hogan cautioned members that they could be setting a precedence for property owners to request rezoning in this area in order to persuade the State to buy the development rights for the property.
Responding to Mr. McGiffin, City Solicitor Rodriguez stated that the Memorandum of Understanding was a “gentlemen’s agreement” between the parties. Mr. DePrima suggested that the State and Kent County be requested to provide their position on the rezoning of this parcel in relation to the rezoning request.
Mr. Slavin moved to table the matter until November 13, 2006, in order to allow staff time to contact the State of Delaware and Kent County regarding their position on the rezoning request. The motion was seconded by Mr. Hogan and unanimously carried.
UTILITY COMMITTEE REPORT - OCTOBER 9, 2006
The Utility Committee met on October 9, 2006 at 6:00 p.m. with Chairman Carey presiding.
Water Quality Improvement Projects - Consulting Services
In the spring of 2004, the Department of Public Works went through the RFQ process for professional engineering services related to the water quality of the City of Dover's water system. The purpose of the evaluation was to assist the City in determining the appropriate steps, improvements and/or upgrades necessary to stabilize the water distribution system and to determine the cause of the brown water.
During their Regular Meeting of January 10, 2005, City Council approved the contract with Black & Veatch to perform a water quality evaluation. The results of this evaluation were provided in June 2006 and resulted in 22 recommendations to facilitate improvements to the water system. These recommendations consisted of the following:
(1) additional monitoring of the system through chemical and data analysis;
(2) water system flushing and operational controls;
(3) design and construction of deep well contact time piping for improved chemical stability;
(4) distribution system controls and rehabilitation;
(5) development and incorporation of system analysis tools such as water quality modeling, on-line analyzers and GIS tracking; and
(6) corrosion analysis of the water system.
Mr. DePrima, City Manager, stated that some of the recommendations could be implemented in-house, while others require further consulting services for design and analysis. As the approved water quality consultant, Black & Veatch prepared a proposal to provide consulting services that will assist with the implementation of selected water quality recommendations.
The Water Quality Improvements CIP Project has $300,000 budgeted for FY 2007. To date, $23,702.25 has been spent for the Bayard Avenue Tie-in Project and equipment necessary to implement certain water quality recommendations. In addition to requiring consulting services this year, Mr. DePrima stated that it may also be necessary to reserve funding to complete the Bayard Avenue Tank control improvements in conjunction with Bayard Avenue Well (#13R) deep well contact time construction, Well #8 deep well contact time construction, and additional chemical analyses and associated materials.
It is currently estimated that these projects could cost approximately $100,000. Mr. DePrima stated that a more appropriate cost estimate can be determined when the design has been completed for the deep well contact time. In order to stay within budgetary parameters, staff recommended that Notices to Proceed be provided to Black & Veatch for the following tasks, upon contract approval, due to timing constraints:
• Task #1 - Well Piping Improvements (deep well contact time),
• Task #1A - Well Station Surveying (deep well contact time) and,
•Task #2 - Preparation for New / Pending Regulations (required submission to State / EPA in 2007).
Mrs. Sharon Duca, Assistant City Engineer, stated that once Task #1 has been completed, it will be determined if additional funding is available for deep well contact time construction and materials, as well as the need for Erosion & Sedimentation Control Plans (at a cost of $46,000). At that time, improved estimates will aid in determining whether additional consulting tasks or construction projects can be included for FY 2007, as well as determining the appropriate amount of funding necessary to complete the consulting tasks, deep well contact times, and other water quality recommendations within FY 2008.
Mrs. Duca introduced Mr. Christopher Evans and Mr. George Budd of Black & Veatch, who where available to answer any questions.
Staff recommended approving the proposal submitted by Black & Veatch, Inc. for an amount not to exceed $250,000 for FY 2007 for the provision of consulting and design services related to Water Quality Improvements. This would allow for a notice to proceed on tasks #1 and #2. Black & Veatch, Inc. would then be required to submit an updated proposal for FY 2008 for all tasks that are not completed in FY 2007, due to their projected billing rate increase starting July 1, 2007.
Responding to Mr. Ruane, Mrs. Duca stated that there are sufficient funds to complete the Bayard Avenue project. Mr. DePrima noted that the City has not identified any construction easements that may be needed to construct the deep well contact time areas.
Mr. Carey questioned if Black & Veatch had any installed similar systems. Mr. Evans responded that Black & Veatch has installed similar systems in New Jersey and several other states around the country. Mr. Budd also indicated that the criteria for installing the increased contact time is specified by the EPA (Environmental Protection Agency) which has begun to implement these regulations for ground water systems. The installation of the deep well increased contact time will be become required by the EPA within the next year. Initial analysis has determined that the City may qualify for exemptions from certain portions of the regulations.
The committee recommended approval of the proposal submitted by Black &Veatch, for an amount not to exceed $250,000 for FY 2007 for the provision of consulting and design services related to Water Quality Improvements.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
Evaluation of Bids - U.S. 13 East Sanitary Sewer Intercepter
Mr. DePrima provided members with background information on the installation of the U.S. Route 13 East Sanitary Sewer Interceptor project. He stated that this project has been proposed for the past few years and would allow for the installation of large diameter gravity sewer from just south of the entrance road to Dover Downs to the Schwartz pumping station at U.S. Route 13 and West Rustic Lane. The overall project would allow for the abandonment of the Schwartz pumping station, as well as the more effective re-routing of flows within the City’s sanitary sewer transmission system.
Mr. DePrima stated that the primary difficulty in implementing this project has been obtaining the necessary easements to install the sanitary sewer interceptor. Due to the expansion project proposed at Dover Downs, the easement across this property will be finalized as part of the plan review process. Failure to take advantage of this opportunity would seriously impact the future cost of the project by requiring the City to re-route the interceptor or install it after completion of the Dover Downs expansion and cause additional costs related to penetrating a new roadway and restoring it.
Mr. DePrima stated that in order to minimize the impact to the Dover Downs property, and to coordinate the sewer installation with the site work proposed for the property, Dover Downs is willing to incorporate the work into the construction work proposed for their property. This would allow Dover Downs to oversee the project and coordinate work activities on their property while avoiding potential delays due to the City’s contractor involvement or future disturbance on their property. The City would then reimburse Dover Downs for the cost of the sanitary sewer interceptor installation. Although Dover Downs will oversee the contract and necessary coordination on their site, the work will be inspected by the Public Utilities Department according to the approved time and materials policy. The section of sanitary sewer interceptor across Dover Downs property to be installed represents approximately 20% of the overall U.S. Route 13 East Sanitary Sewer Interceptor project.
The construction of the sanitary sewer on the Dover Downs property will be implemented through a time and materials contract between Dover Downs and George & Lynch. The time and materials contract awarded to George & Lynch by Kent County is effective through June 30, 2007. George & Lynch has prepared a cost estimate of between $275,000 and $300,000, which includes 1,015 l.f. of 27-inch diameter sanitary sewer pipe, three 6-foot manholes, tie-ins to the existing main, line testing, restoration of lawns and pavement, well-pointing, and select backfill.
Mr. DePrima informed members that due to the need to integrate this project with the Dover Downs project, awarding the project as prescribed does not meet the standard bidding requirements of the purchasing policy or any of the listed exemptions; therefore, a waiver of the City’s purchasing policy is necessary.
The committee recommended waiving the City of Dover Purchasing Policy and authorizing Dover Downs to administer the time and materials contract with George & Lynch for the installation of 1,015 linear feet of a 27-inch sanitary sewer interceptor across the Dover Downs property to avoid undue disturbance or scheduling delays for the planned Dover Downs expansion project at an estimated cost of between $275,000 and $300,000.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - OCTOBER 10, 2006
A Special Safety Advisory and Transportation Committee Meeting was held on October 10, 2006, at 5:00 p.m. with Chairman Hogan presiding.
City Manager’s Report - Reichhold Chemical Incident
During the Council meeting of August 28, 2006, staff was requested to provide a briefing on how and when the City became involved in the August 25, 2006 Reichhold Chemical incident and how its Emergency Plan was utilized in a coordinated response, especially the efforts taken by the City to communicate in a timely manner with the residents of Dover. Additionally, staff was requested to provide an update on the status and details of the City's training and plans for responding to any incident of this nature, as well as a re-examination by relevant City of Dover Departments of the daily use of the rail yard along New Burton Road for the marshaling and storage of Dow Reichhold train cars.
Mr. DePrima provided members with a report on the Reichhold Chemical incident which addressed how and when the City became involved in the incident, how the City’s Emergency Operations Plan was utilized, and provided an update on the status, including details, of the City’s training and plans for responding to any incident of this nature in the future. It also suggested the re-examine use of the rail yard along New Burton Road for the marshalship and storage of Dow Reichhold train cars with relevant City of Dover departments. Concluding the report were two time-lines of events completed by Lt. Paul M. Bernat, Dover Police Department, and Fire Chief Brian Bashista, Dover Fire Department.
Responding to Mr. Hogan, Mr. DePrima stated that the odor was caused by the evaporation of the chemical. Lt. Bernat stated that an inhibitor used to prevent the chemical from expanding was not working properly and the pressure release valve was allowing the chemical to leak out in order to reduce the pressure building up inside the tank. The rail car temperature, which was monitored by a robot, never exceeded 175 degrees. The temperature would have had to reach 400 degrees before the possibility of an explosion would exist.
Lt. Bernat noted that the State Police were present during the incident and some officers encouraged evacuation due to the strong odor in the area. The severity of the incident did not warrant the use of gas masks by the officers.
Mr. Hogan stated that the Federal Government is going to provide every public school in the Nation a NOAA radio for warnings of weather and other issues.
Responding to Mr. Ruane, Lt. Bernat stated that a Joint Information Center is formed under the National Incident Command System so that all the information is released correctly and at the same time. He also noted that people were assigned to go door-to-door as another means of communication.
Mr. Ruane questioned what the evacuation radius would be if an incident occurred on New Burton Road. Responding, Lt. Bernat stated that it would depend on the type of incident. In the same scenario, there would be a 1,500 foot evacuation radius, if necessary, with notification within up to a five (5) mile radius.
Assistant Fire Chief Sean Christiansen stated that the Emergency Response Guides contain sufficient information regarding chemicals and what should be done while investigating the situation prior to the arrival of the professional hazmat team. He also noted that railcars should have placards or identification numbers indicating what type of chemicals are inside.
Mr. DePrima indicated that the length of time railcars can sit in one place on public tracks is regulated by Federal Guidelines and he believed that once the railcars reach Reichhold property they are regulated by company guidelines. Mr. Hogan noted that the problem of transporting hazardous materials extends from the railroad yards to the public highways.
Responding to Mr. Link, Mr. Hogan stated there would be further discussion regarding the Reichhold incident, with a possible public hearing, during the October 24, 2006 Safety Advisory and Transportation Committee meeting.
The committee recommended acceptance of the report, as presented.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
By consent agenda, Mr. Carey moved for acceptance of the Special Safety Advisory and Transportation Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 10, 2006
The Parks, Recreation, and Community Enhancement Committee met on October 10, 2006 with Chairman Ruane presiding.
Proposed Zoning Text Amendments - Article 5 - Supplemental Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Storage of Furniture and Appliances Outdoors
Members were provided a proposed zoning text amendment to Appendix B - Zoning Code, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.9 - Storage of Furniture and Appliances Outdoors, which would prohibit the outdoor storage of furniture and appliances not intended for use outdoors.
Mrs. Ann Marie Townshend, City Planner, advised members that staff was requested to prepare a draft ordinance due to the growing concern regarding recliners, sofas, refrigerators, and other indoor items being stored outside, specifically on porches.
Responding to Mr. Lewis, Mrs. Townshend stated that a maximum of two (2) written notices will be issued over a period of time for non-compliance. After the second written notice has been issued, if the property owner is still not in compliance, then a summons will be issued. She noted that the proposed fines are consistent with other property maintenance violations.
The committee recommended adoption of the proposed zoning text amendment, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent). (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Zoning Text Amendments - Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1)
Members were provided a proposed zoning text amendment to Appendix B - Zoning, Article 3- District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1) of the Dover Code, which would allow the Planning Commission to waive certain requirements of the Corridor Overlay Zone when the applicant demonstrates superior urban design. Additionally, it would require that the corridor elevation of buildings within the COZ include a primary entrance door and a primary entrance feature.
Mrs. Townshend provided members with a map outlining the Corridor Overlay Zone 1 (COZ-1), which includes McKee Road, Saulsbury Road, and Route 8 from the railroad tracks west to Artis Drive. She stated that the COZ-1 was adopted in the early 1990's and, to a large degree, has been very successful.
Mr. Ruane expressed concern that the reference to “superior urban design” was vague. Mrs. Townshend agreed that it is subjective, to a degree. The difference is providing the required sidewalks or providing safe and attractive pedestrian and bicycle facilities, which would invite people to walk.
Mr. DePrima, City Manager and former Planning Director, agreed with clarifying the definition of a superior urban design by referencing other buildings and, if more parking will be allowed towards the front of the lot, screening should be utilized.
Mrs. Horsey suggested that providing photos of commercial and residential sites exhibiting superior urban design would be helpful. Mr. DePrima stated that an enhanced definition, including illustrations, of superior urban design could be presented during the next meeting.
Responding to Mr. Ruane, Mrs. Townshend stated that staff recommends an 80- foot setback, which would be consistent with the other properties on that corridor. The Planning Commission would also have the flexibility to allow all of the parking in the front of the proposed building. She advised members that staff would provide a clear explanation of how the applicant has demonstrated superior urban design.
Mr. Raymond Harbeson and Mr. Joseph Wutka, 1206 Forrest Avenue, provided members with a list of their concerns regarding the proposed zoning text amendment.
Responding to Mr. McGlumphy, Ms. Juanita Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO) stated that the first meeting regarding the study of the SR 8 corridor is tentatively scheduled for November 18, 2006. She also noted that the study is expected to last for one (1) year with three (3) public meetings being held within that time frame. Mr. McGlumphy felt that the amendments should go forward as proposed and suggested that the MPO work with the Planning Department as the study moves along.
Mr. Wutka stated that the original scope of the SR 8 corridor study included providing short, intermediate, and long term recommendations while the study was underway and that it may be possible to include an update regarding the City’s proposed changes within the short term recommendations. Mr. DePrima stated that the ordinance would be basically preserved, even with the suggested amendments.
Mr. James Hutchison, Representative for Commerce Bank, stated that he strongly supported the proposed amendments to the COZ-1 ordinance. He also agreed that there have been success stories along Route 8; however, there have been others, such as the Happy Harry’s store that moved from the area.
The committee tabled the proposed Corridor Overlay Zone 1 text amendment until the meeting of October 24, 2006 to allow staff time to clarify the definition of superior urban design.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
Proposed Change of Meeting Day and Time
Mr. Ruane proposed moving the Safety Advisory and Transportation meeting to the Tuesday following the fourth Monday of each month at 4:00 p.m.
Mrs. Russell moved for approval of the recommended meeting day and time change for the October 24, 2006 meeting only, seconded by Mrs. Horsey and unanimously carried.
Alum Injection Study Update - Silver Lake Commission
During their regular meeting of November 9, 2005, Mr. David Edgell, Chairman of the Silver Lake Commission, provided an update on the Silver Lake Water Quality Study and the idea of exploring alum treatments to control algae blooms. He explained that an apparatus would inject an alum solution into the water, which would cause the phosphorous to fall from the algae and create a thin, crusty layer on the bottom of the lake which would prevent the particles from re-suspending into the water. Mr. Edgell stated that this method, which would greatly reduce the algae in the lake, had been used successfully in many areas throughout the country on lakes of varying sizes and was recommended by the Department of Natural Resources (DNREC).
Mr. Edgell stated that URS completed a Silver Lake Water Quality Management Alum Treatment Feasibility Study with funding provided by DNREC. Mr. Edgell provided a summary report regarding the study and indicated that the alum dosages required to lower the concentration of phosphorous in the water would cause the water to become more acidic and would increase the residual aluminum concentrations in the water to alarming concentrations; therefore, the Alum System will not be pursued. Mr. Edgell also noted that a series of studies have been completed since 1995 and it is believed that a combination of these studies, along with a management plan, would help solve the problem as a whole.
Mr. Zachary Carter, Director of Parks and Recreation indicated that he was recently advised of a foreign substance being seen in the lake. An initial investigation determined that it was either caused by an algae bloom or possibly latex paint. Further research will be done to determine what it was.
Puncheon Run Watershed Action Team Update
Mr. DePrima informed members that the Puncheon Run Watershed Study has been completed and a meeting is currently being scheduled between DNREC and the City of Dover for review.
Responding to Mr. Ruane, Mrs. Townshend noted that the Kesselring and Eden Hill projects are exceeding the current requirements for stormwater management.
Mr. DePrima noted that a subaqueous permit for the removal of the sandbar and some of the riprap at the Governors Avenue bridge will be submitted to DNREC by the Public Utilities Department.
Mr. Ruane indicated that the State is funding the rehabilitation of all stormwater management ponds within New Castle County even though New Castle County is partly responsible for the maintenance.
John W. Pitts Recreation Center Update
Mr. Zachary Carter, Director of Parks and Recreation, stated that due to the receipt of only one (1) bid, in the amount of $2.9 million, the construction of the project is currently being re-bid with a new bid due date of November 6, 2006. A few alternatives added to the bidding process, to be more cost-efficient, are removing the bleachers and air conditioning from the gymnasium, along with eliminating the outside brickwork.
Responding to Mr. Ruane, Mr. DePrima stated that the goal is to retrofit the gymnasium for a geothermal system, to be installed at a later date. He also noted that confirmation from several local Legislators has been received regarding contributing funds towards the construction of the parking lot.
Library Site Search Committee Update
Mr. Carter stated that Ms. Sheila Anderson, Director of the Dover Public Library, recently provided the City Manager with information regarding how the City and County could work and manage the library together. He also noted that staff would explore Federal funding for the library project.
Mr. DePrima noted that a meeting with representatives from the Post Office and their Architects and Engineers has been scheduled for October 16, 2006. Potential locations will also be reviewed during that meeting.
CDBG Program Update
Mrs. Townshend advised members that an update would be provided during the next regularly scheduled meeting.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENT
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to Appendix B - Zoning Code, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.9 - Storage of Furniture and Appliances Outdoors, which would prohibit outdoor storage of furniture and appliances not intended for outdoor use. Mrs. Townshend advised members that the Planning Commission recommended approval of the proposed amendment.
Vice President Salters declared the hearing open.
There was no one present wishing to speak during the public hearing.
Vice President Salters declared the hearing closed.
Mr. Carey moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Ruane moved for adoption of the following ordinance, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent) (the first reading of the proposed ordinance was accomplished during the Council Meeting of August 28, 2006):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning Code, Article 5 - Supplementary Regulations, Section 1 - Supplementary regulations applying to residence zones, be amended by adding a new Subsection 1.9 - Storage of furniture and appliances outdoors, as follows:
1.9 Storage of furniture and appliances outdoors. The storage of any equipment, materials, furnishings or appliances that are not designed or manufactured for exterior placement is prohibited. Items such as lawn furniture, barbeque grills, garden tools, and children’s outdoor play equipment may be stored outside in an orderly fashion.
ADOPTED: OCTOBER 23, 2006
MONTHLY REPORTS - SEPTEMBER 2006
By motion of Mr. Carey, seconded by Mr. Hogan, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Manager's Report
Planning and Inspections Report
Robbins Hose Company No. 1
CIP Report
QUARTERLY REVENUE REPORT
Mrs. Mitchell, Finance Director/Treasurer, reviewed the Revenue Report as of September 2006.
Responding to Mr. McGlumphy, Mrs. Mitchell stated that she was confident that they would recover the $800,000 shortfall in property tax receipts. She also noted that approximately $300,000 in State Pay-in-lieu of taxes was not included in the report.
Mr. Slavin noted that the FY 08 projections would be included in the January report and the revenue projections would be aligned at that time. Mr. DePrima advised members that they would be working with the both Delaware State University and the University of Delaware on developing forecasting models.
Mr. Hogan moved for acceptance of the Quarterly Revenue Report as of September 2006, seconded by Mr. Slavin and unanimously carried.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Section 46-43 of the City Code, the City Manager, Mr. Anthony J. DePrima, performed the inspection of the Robbins Hose Company on Monday, October 16, 2006.
A tour of Headquarters and the new construction was provided. Chief Bashista reported that they are within their budget; however, they are approximately three months behind schedule. The construction is nearing completion and the final product will be something which everyone can be very proud to have in Dover.
The existing facility and vehicles appeared to be in good condition. The new Special Operations truck that was acquired through DEMA grants is in service, but was unavailable for inspection. Due to construction, a lot of spaces that are usually well maintained and well organized are doing double duty as storage. The station is being prepared for the new VoIP phone system and the State of Delaware is preparing to install the new Alarm Room Communication System, which was a CIP project for this year.
Station 2 was completely repainted over the summer by Central Services staff. They are now preparing for new carpeting and floor tiles.
Mr. DePrima noted that this was his last semi-annual inspection under Chief Bashista's administration. He stated that he has performed an outstanding service to the community, was always available, and his knowledge is unparalleled.
By consent agenda, Mr. Carey moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 20, 2006
The Robbins Hose Company election is scheduled for November 20, 2006. The following persons have been recommended to serve as judges for the election:
1. Harry Hayes 2. Carlton Dill 3. William Jacobs (alternate)
By consent agenda, Mr. Carey moved for approval of the appointment of judges for the Robbins Hose Company election, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
REAPPOINTMENT RECOMMENDED BY MAYOR SPEED - ETHICS COMMISSION - ROBIN CASE (FIVE-YEAR TERM TO EXPIRE JULY 2011)
Mayor Speed recommended the reappointment of Ms. Robin Case to serve on the Ethics Commission for a five-year term to expire July 2011.
By consent agenda, Mr. Carey moved for approval of the appointment of Ms. Case, as recommended by Mayor Speed. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Hogan reminded members that Gobblins and Goodies Night, sponsored by the Agricultural Museum and the Kiwanis Club, would be held on Saturday, October 28, 2006 at the Agricultural Museum from 5:00 - 6:30 p.m. The cost is $1.00.
Mr. Hogan advised members that the Safety Advisory and Transportation Committee would be discussing the proposed RV Ordinance at its meeting on Tuesday, October 24, 2006.
Mr. Slavin noted that the State of Delaware is sending out coupons for two (2) free florescent light bulbs, which are available at the Dover Public Library.
Mr. DePrima advised members that a brown water informational flyer would be mailed out later in the week.
Mr. Carey moved for adjournment, seconded by Mr. Hogan and unanimously carried.
Meeting Adjourned at 8:47 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 23, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
/TM
S:ClerksOfficeAgendas&MinutesCouncil-Minutes200610-23-2006.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Correspondence - Eric O’Brien
Exhibit #2 - PowerPoint presentation of the mission, vision, and values of the Civil Air Patrol
Exhibit #3 - Petition to Amend Zoning District and Findings of the Planning Commission for property located on the south side of White Oak Road west of Mourning Dove Lane, owned by TLFD Management, LLC.
Exhibit #4 - Memorandum of Understanding