REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 24, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mrs. Russell, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Deputy Fire Chief Osika, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. Green, and Mayor Speed (departed at 9:18 p.m.).
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.
Ms. Pauline Koff and Mr. Robert Hollingsworth of Mallard Pond requested that members provide improvements to their neighborhood and surrounding areas, which would include an improved walkway to the park and drainage at the end of the walkway. Whenever there is heavy rain, it becomes flooded at the foot of the walkway making it impassable. Ms. Coff also advised members that there is a problem with litter in the area and that the lake is in need of algae clearing. She also noted that the drainage ditches need cleaning. At the Marsh Creek Lane entrance of the park, the residents feel it would be advantageous to have a designated parking area. There should be signage erected warning visitors that snapping turtles live in the area and other signs reminding those who brings their dogs to cleanup any excrement.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Williams requested the deletion of item #8E - Monthly Report for the Robbins Hose Company No. 1 at the request of Chief Bashista.
Mr. Carey requested the deletion of item #12 - Power Supply and Plant Management Contracts. He explained that it was anticipated that a final agreement could be presented at this time; however, during the executive session held earlier in the evening, Dover’s consultant presented several matters that require further refinement which would make a final recommendation at this time premature. Mr. Carey stated his expectation that the matters discussed during this executive session would be resolved in a timely manner and a final agreement would be available to Council in the near future.
Mr. Salters requested the deletion of item #13 - Clarification of Policy for Training and Conference Reimbursement - Explanation of Request for Reimbursement for Attending Organizational Leadership and Behavior Course. He requested that this matter be referred to the Legislative, Finance, and Administration Committee for their review and recommendation.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Salters and unanimously carried.
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 APRIL 10, 2006
The Minutes of the Regular Council Meeting of April 10, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
CERTIFICATE OF RECOGNITION - HOUSE OF PRIDE
Mayor Speed presented a Certificate of Recognition to Ms. Marian Harris, as well as staff and clients of the House of Pride for the service given to those in need, particularly those efforts to provide shelter to the homeless during the inclement weather this past winter. The following Certificate of Recognition was read into the record by Mayor Speed:
Certificate of Recognition
presented to
Marian Harris
Staff & Clients of the House of Pride
for years of dedication, support and service given to those in need. Your efforts to provide shelter to the homeless during the inclement weather are sincerely appreciated.
The City of Dover extends sincere thanks and best wishes.
Monday, April 24, 2006
Ms. Harris thanked the Mayor and City Council for the recognition and those members of her staff who assisted with these efforts. She also recognized Mr. Jack Willis from Wesley United Methodist Church who coordinated the volunteers who also assisted with these efforts.
PROCLAMATION - DOVER HIGH SCHOOL BOYS LACROSSE WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, by playing lacrosse, many young men cultivate strong moral and athletic character by dedicating themselves to countless hours of physical conditioning and practice drills in order to perform at their best; and
WHEREAS, the discipline they develop both on and off the lacrosse field sets a good example for other young men to follow; and
WHEREAS, more than ever, the youth in our community need the strong and constructive guidance athletic programs offer and the valuable lessons on how to be good sportsmen; and
WHEREAS, team oriented sports programs help young people develop the essential traits and characteristics that comprise good character and help them become valued members of society; and
WHEREAS, on April 26 and April 28 at 4:00 P.M., the Dover High School Boys Lacrosse team will host two visiting boys high school lacrosse teams.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of April 24, 2006 as Dover High School Boys Lacrosse Week and urge the citizens of Dover including students from Dover High School and other Capital School District schools to show their support of the Dover High School Boys Lacrosse team by attending the home games scheduled on April 26 and April 28 at 4:00 P.M. and to recognize the outstanding efforts made by these young men to participate in the physically demanding sport of lacrosse for Dover High School.
Mayor Speed presented the Proclamation to Mr. Bill Malone (President) and Mr. Ron Silverio (Vice-President).
Mr. Malone relayed appreciation for the recognition, advising members that although Lacrosse may not be as well known as football and basketball, it is known as the fastest sport on two (2) feet. He invited everyone to attend an upcoming game and lend their support to the students who participate.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting and appreciation of trees; and
WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 2005 for the seventeenth consecutive year by the National Arbor Day Foundation; and
WHEREAS, once again the City of Dover has applied for and received funds to plant more than 160 trees through the Weed & Seed and the Urban & Community Forestry Programs; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, in 2005, the City of Dover also received a grant through the Delaware Coastal Program to fund a comprehensive tree inventory and management plan. This plan enables the City to assess the condition of existing trees, give priority to the trees that need the most attention and plan for future tree planting and maintenance; and
WHEREAS, the planting and caring for trees is a very special gift that one generation gives to the next.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 28, 2006 as Arbor Day in the City of Dover, and urge all citizens to support the efforts to care for our trees and woodlands.
Mayor Speed presented the Proclamation to Mr. Bill Cooper, Grounds Superintendent, and relayed appreciation for staff’s phenomenal job in making the City of Dover a beautiful City.
Mr. Cooper advised members that staff takes trees seriously in the City, especially with the two (2) Arborists, Mr. Dave Morgan and Mr. James Lewis, who are very dedicated employees. He invited the public, Mayor, and Council to help plant trees on Arbor Day, Friday, April 28, 2006, at 11:30 a.m. at Park Drive.
PRESENTATION - CITY OF DOVER FLOWER DISPLAY (BILL COOPER)
Mr. Cooper, Grounds Superintendent, presented a Power Point Presentation of the City of Dover Flower Display (Exhibit #1).
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED NORTH OF BUT NOT ADJACENT TO COLLEGE ROAD, OWNED BY COLLEGE ROAD MANAGEMENT, INC., KENT STORAGE FACILITIES, LLC, AND LORALEX COMPANY, LLC
An annexation referendum was held on April 13, 2006 for property located north of but not adjacent to College Road, north of Raymond Street and east of the railroad corridor and Railroad Avenue with the eastern boundary of the subject area being the St. Jones River, consisting of four (4) parcels, containing 30.776+/- acres, owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC.
Referendum Results
The City Clerk reported that the referendum was held with one (1) vote cast in favor of the annexation, and no votes cast against annexation.
Mr. Carey moved to accept the referendum results, seconded by Mr. Sadusky and unanimously carried.
Annexation
By motion of Mr. Carey, seconded by Mr. Slavin, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL THAT TRACT PIECE OR PARCEL of land situated in the East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows:
COMMENCING at a point on the easterly line of the Delaware Railroad Company at its intersection with the northerly right-of-way of College Road (variable width right-of-way) and being the southwest corner of lands now or formerly belonging to Delaware State College as recorded in deed Book U, Volume 52, at page 253; thence the following two courses and distances: 1) N 22-52'-34" W along the easterly line of said Delaware Railroad Company lands for a distance of 381.38 feet to a point being the northwest corner of said Delaware State College lands; 2) N 67-24'-13" E along the northerly line of said Delaware State College lands for a distance of 35.00 feet to a point being on the easterly right-of-way of Railroad Avenue (35 foot wide right-of-way) and the southwest corner of the parcel herein described to the TRUE POINT OF BEGINNING: thence n 22-52'-34" w ALONG THE EASTERLY RIGHT-OF-WAY OF SAID Railroad Avenue for a distance of 1,085.09 feet to a point being on the southerly line of lands now or formerly belonging to Marian F. Smith and Martha E. Baynard as recorded in deed Book U, Volume 36 at page 95 and Will Book IS, Volume 22 at page 445 and being the northwest corner of the lands herein described; thence N 46-30'-26" E along the southerly bounds of said Smith and Baynard for a distance of 1,305.12 feet to a point in the centerline of the Saint Jones River, also known as the Dover River and Fork Branch; thence southerly along the centerline of the Saint Jones river the following twelve courses and distances:
1) S 56-11'-34" E for a distance of 112.22 feet;
2) S 12-39'-00" E for a distance of 170.04 feet;
3) S 13-06'-47" E for a distance of 139.98 feet;
4) S 00-32'-36" E for a distance of 79.38 feet;
5) S 03-13'-28" E for a distance of 83.29 feet;
6) S 74-32'-12" E for a distance of 65.67 feet;
7) S 42-36'-43" E for a distance of 221.72 feet;
8) S 43-22'-37" E for a distance of 148.00 feet;
9) S 40-20'-24" E for a distance of 106.69 feet;
10) S 80-17'-38" E for a distance of 89.65 feet;
11) S 58-50'-04" E for a distance of 126.37 feet;
12) S 45-09'-26" E for a distance of 42.51 feet to a point being on the northerly right-of-way of Jason Street (35 foot wide right-of-way); thence S 56-40'-15" W along the northerly right-of-way of said Jason Street for a distance of 648.40 feet to a point being the southeast corner of lands now or formerly belonging to The Mishoe Trust being Parcels ‘H’ and ‘I’ as recorded in deed Book C, Volume 54, at page 162; thence along the Mishoe Trust lands the following four courses and distances; 1) N 23-27'-10" W for a distance of 310.52 feet to a found concrete monument; 2) S 56-37'-50" W for a distance of 475.00 feet to a found concrete monument; 3) S 23-27'-10" E for a distance of 113.50 feet to a found concrete monument; 4) S 57-12'-26" W for a distance of 238.53 feet to a point on the westerly right-fo-way of the former Grove Street and the lands herein described; thence S 22-52'-34" E along the westerly right-of-way of the former Grove Street for a distance of 200.00 feet to a point on the northerly right-of-way of the former Jason Street; thence S 32-47'-34" E for a distance of 35.00 feet to a point on the southerly right-of-way of the former Jason Street and being on the northerly line of lands now or formerly belonging to The Mishoe Trust being Parcel ‘G’ of deed Book C, Volume 54, at page 162; thence S 57-12'-26" W along the northerly one of said Mishoe Trust and the northerly line of the aforesaid Delaware State college for a distance of 206.12 feet to the point of beginning and containing 30.776 acres, as surveyed by McCrone, Inc. In December 2005.
Being the same lands as conveyed unto Kent Storage Facilities, LLC and Loralex, LLC from Jemm Investors by deed dated September 3, 2004 and recorded among the land records of Kent County, Delaware in deed record D 649/106 and all of the lands conveyed unto College Road Management, Inc. From Jemm Investors by deed dated September 3, 2004 and recorded among the land records of Kent County, Delaware in deed record D 649/110.
Together with an easement from Delaware State College to Loralex Company, LLC and Kent Storage Facilities, LLC as recorded in deed Book 649 at page 264.
Subject to a Reserved Lease Agreement from Atlantic Coast Environmental, Inc. To Loralex Company, LLC and Kent Storage Facilities, LLC as recorded in deed Book 649 at page 99.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 25th day of April, 2006 at 12:01 a.m. o'clock.
ADOPTED: APRIL 24, 2006
Public Hearing - Zoning Classification
Mr. Koenig, Director of Public Services, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as M (Manufacturing) upon annexation.
Mr. Ruane noted the reference to a Brownfield area on these parcels of land and questioned its consequences in terms of development. Responding, Mr. Koenig stated that lands that are designated as Brownfield areas restrict certain types of activities such as residences. Any Brownfield development would require a limited use development proposal on that site such as warehousing, possibly office space, depending on the extent of the Brownfield management plan.
Mr. Ruane questioned if the County zoning classification were to be maintained, would the actual uses be permitted under a Brownfield designation. It was Mr. Koenig’s understanding that any prohibition or development concerns would be consistent under a county development as they are under the proposed development. Although he agreed that it would be an accurate statement that the proposed uses is one of the few possible uses because of the nature of the Brownfield, Mr. Koenig suggested that the applicant comment on the accuracy of this statement.
Council President Williams declared the public hearing open.
Mr. Connie Malmberg and Mr. Mark Schaeffer, owners of the properties, addressed members of Council regarding their request. Mr. Malmberg advised members that the properties total approximately 30 acres and that the Comprehensive Plan designates this property for Industrial use. He suggested that the Manufacturing zoning classification would allow less intense uses than an Industrial zoning classification. The proposed use for the property is for mini-warehousing which would provide low traffic volume and low impact on neighborhood properties. Mr. Malmberg indicated that he and Mr. Schaeffer acquired the properties through the State of Delaware’s Brownfield Redevelopment Program. He explained that the State favors the redevelopment of Brownfields as some useable development rather than sitting idle. The majority of the site has been through the remediation process. Mr. Malmberg stated that there is approximately 1½ acres that was more contaminated and is proceeding through a program with DNREC, as well as the former owner of the site, and will be until at least the year 2019, which would eliminate this portion of the property from being useable in the foreseeable future. He advised members that the intended use of the property is for mini-storage facilities, which would provide a lot of impervious surface that will prevent percolation through the ground and causing further distribution of contaminants, if present.
Dr. Wilma Mishoe, 353 Rita Wilma Road, relayed concern with the rezoning of this property, which is currently predominately zoned residential lands, as manufacturing. Her belief is that the rezoning of this land to manufacturing could significantly impact the quality of life for the residents who live there now as well as those of the future. Dr. Mishoe stated that she understands that the intended use of the lands is for mini-storage facilities; however, the owners could change the use as well as any future owners. The question then is to consider what a manufacturing zoning classification would allow. There are no guarantees that there would not be the possibility that this property would be used for other purposes that could create environmental pollution. Dr. Mishoe reminded members that there are several residential developments located within the near vicinity of this property, as well as an elementary school and an assisted living, senior citizens and medical facility. She requested that members of Council consider the future possibilities, if a Manufacturing zoning classification is approved, of the uses of this properties, and suggested that the zoning classifications remain or another classification be assigned that would ensure that construction of environmental pollutants would not occur.
Mr. Hogan noted that there are four (4) parcels involved with a variety of zoning classifications. He requested a description of the current classifications as zoned in the County and the portions of the land currently zoned Industrial. Responding, Mr. Koenig indicated that the exhibits provided with the packets did not specifically identify this information. Mr. Schaeffer stated that the majority of the property is zoned Industrial; however, he could not provide specific percentages.
In the future, when similar matters are brought before Council that involve multiple zoned property, Mr. Hogan suggested that the packet material include specific details of the zoning classifications for the property.
Council President Williams declared the public hearing closed.
Mr. Sadusky moved that the property be zoned in accordance with the recommendation of the Planning Commission. The motion failed due to the lack of a second.
Mr. Hogan moved to defer action on the rezoning of the property to allow for detailed information to be provided on the current zoning classifications assigned by the County. The motion was seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING/PROPOSED RESOLUTION - ALLEY ABANDONMENT - FORREST AVENUE AND LINCOLN STREET
A public hearing was duly advertised for this time and place to consider abandonment of an unimproved alley located between Forrest Avenue and Lincoln Street, east of Bertrand Drive.
Mr. Koenig briefed members on the alley abandonment request and reminded members that the Planning Commission and Utility Committee recommended denial of the requested abandonment. However, it was noted that since these meetings, a letter was received from Union Missionary Baptist Church requesting that Council move forward with the alley abandonment request. During their Regular Meeting of April 10, 2006, Council adopted a Resolution setting a public hearing for this time and place.
Mr. Ruane reminded members that in formulating their recommendations, there was discussion regarding the City’s practice for abandoning alleys that required concurrence from adjacent property owners and that there has been opposition relayed by the adjacent property owners for abandonment of the alley.
Mr. Koenig advised members that the current practice is that if the alley abandonment is approved, every contiguous property would be deeded their portion of the alley (the alley is divided equally to adjacent property owners). There is a cost for this conveyance for the recordation of the new deed.
Mr. Salters questioned if there would be any legal ramifications for the action of Council with an abandonment. Responding, Deputy City Solicitor Pepper stated that if Council voted not to abandon the alley, it would be difficult for a challenger to have that action overruled; however, if Council voted for approval of the alley abandonment, the possibility of a successful challenge would be increased, although he felt it would not be likely.
Responding to Mr. Ruane, Mr. Koenig stated that there are nine (9) adjacent properties with five (5) different adjacent property owners, noting that some adjacent property owners own multiple adjacent properties. The petition was received by only one (1) of the adjacent property owners, which was Union Missionary Baptist Church, who is a multiple property owner of the alley.
Council President Williams declared the public hearing open.
Reverend R.G. Moore, Jr., Pastor of Union Missionary Baptist Church, advised members that he is representing the congregation of the Church, which consists of approximately 380 members. He clarified the ownership of the adjacent properties to the alley, noting that the Church recently purchased two (2) additional adjacent properties. He explained the reasons for submitting the request for the alley abandonment, stating that the Church is attempting to add additional off-street parking spaces. When the Church was approached regarding the purchase of additional property on Forrest Street, members began considering the possibility of creating a one-way entrance to the proposed additional parking lot from Forrest Street. Reverend Moore stated that there currently are driveways to the properties on Forrest Street and that the purchase of these properties was with the understanding that one of the driveways could be extended to the back of the Church’s current lot and tie into their parking lot. Vehicles would then exit onto Lincoln Street, which would provide safety for vehicles exiting by use of stop signs and signals.
Reverend Moore stated that he has made attempts to contact adjacent property owners to assure them, based on his understanding of the opposition, that the driveway would not extend through to Lincoln Street and that the Church would address any security issues. Unfortunately, he was not able to meet and talk with all adjacent property owners. He assured members that the Church is willing to work with adjacent property owners to resolve any concerns and if any adjacent property owners are not interested in their portion of the alley, the Church would accept the addition land.
Responding to Mr. Hogan, Reverend Moore explained that the Church owns all those properties located east of and adjacent to the alley, which consists of four (4) properties, and two (2) of the properties located west of and adjacent to the alley.
Mr. Clarence Hicks, 934 Forrest Street (adjacent property owner), spoke in opposition to the alley abandonment and explained that his understanding of the intentions of the Church was to provide a private roadway. This road would begin at Forrest Street and travel through to the Church. This would require eliminating approximately 50'-60' of sidewalk in order to provide for a deceleration lane, which would be located in front of his property. He reminded members that this area currently has a heavy amount of traffic, which is a problem that worsens every day, and of the close proximity of the schools and the pedestrians and children in the neighborhoods. Mr. Hicks also relayed concern that the quality of life will be affected, noting that although there is less today, when he first moved into the neighborhood there was wildlife and greenery, which was enjoyed by residents. In order to install the driveway proposed, the quality of life for the residents will be diminished as well as the entire community. He also advised members that the Church has access to their property from existing streets and he does not feel there is a need for this additional access.
Mr. Clarence Hicks, Jr., addressed members in support of his father and suggested that members consider the request as a quality of life issue. He also urged members to consider the traffic safety issues that would be created if the alley is abandoned and used as proposed by the Church.
Council President Williams declared the public hearing closed.
Mr. Ruane and Mr. Hogan both felt that they were of the understanding that during this time, when the matter was presented to Council for action, all adjacent property owners would be in concurrence with the abandonment. Mr. Hogan also relayed concern with the proposed roadway being installed and its probability of being used as a throughway. He suggested that the City’s policy require adjacent property owners to vote and only those requests for abandonment that have all adjacent property owners’ concurrence would be presented to Council for consideration.
In addition, Mr. Ritter stated that a property owner adjacent to an alley being considered for abandonment may not oppose the abandonment; however, they may not be interested in receiving their portion of the alley. He suggested that the procedure address this issue and that it be resolved before the matter is presented to Council for action.
Mr. Ruane moved to deny the Resolution vacating and abandoning the alley located between Forrest Avenue and Lincoln Street, east of Bertrand Drive. The motion was seconded by Mr. Sadusky and carried by a roll call vote of six (6) yes, two (2) no (Mrs. Russell and Mr. Slavin), and one (1) abstention (Mr. Salters).
It was Mr. Ruane’s opinion that the City should review the procedure and requirements for the consideration of alley abandonments. Responding, Mrs. Green advised members that the City Charter (Section 27) authorizes Council to abandon alleys.
Mr. Ruane moved to direct staff to develop a procedure for considering alley abandonments, using the suggestions made by Council, and to provide suggested amendments to the Charter Review Committee for their review of that section of the City Charter (Section 27) that authorizes alley abandonments. The motion was seconded by Mr. Hogan and unanimously carried.
Mr. Salters moved for a 5-minute recess, seconded by Mr. Slavin and unanimously carried.
Meeting Recessed at 9:15 p.m. and Reconvened at 9:20 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 11, 2006
The Parks, Recreation, and Community Enhancement Committee met on April 11, 2006 with Chairman Sadusky presiding.
Proposed Ordinance - Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings
During the committee meeting of March 27, 2005, members recommended that the City move forward with the development of a vacant building and lot ordinance, covering residential, commercial, and industrial properties and that this process involve the Parks, Recreation, and Community Enhancement Committee holding public evening meetings, along with the Planning Department. When the committee report was presented to Council for their consideration, members were advised that information had been received from other interested parties regarding the development of a vacant building ordinance. It was suggested that the matter be referred back to staff to provide them the opportunity to meet with all interested parties and report back to the committee. Members of Council, during their Meeting of April 11, 2005, referred the development of a vacant building and lot ordinance for residential, commercial, and industrial properties back to staff. Since that time, staff has met with the various interested parties for developing revisions to the City’s Vacant Building Ordinance, Chapter 22, Article XII, Section 22 of the Dover Code.
Ms. Cornwell, City Planner, reviewed and explained the comments and recommendations received thus far. At this time, the draft is presented to members for informational purposes only and comments. She stated that staff will continue to receive comments and will make revisions based on those comments to ensure that the final proposed ordinance will provide the best possible outcome regarding vacant buildings. Ms. Cornwell stated that staff relied heavily on the City of Wilmington in drafting the ordinance.
During the committee meeting, several members provided suggestions for possible amendments. Mr. DePrima had indicated that staff was requesting guidance regarding other groups that members may feel should be contacted for comments. Mr. DePrima suggested that staff advertise and conduct a public hearing on the ordinance in order to develop a draft ordinance to present to the committee for their review and recommendation to Council. He felt that staff could schedule a public hearing and develop a draft ordinance for presentation to the committee during their meeting in June.
Mr. Lakeman suggested that an executive summary of the draft ordinance be prepared for distribution and comments be requested for consideration.
Mr. Ruane recommended notifying neighborhood associations to receive comments on vacant housing issues in their neighborhood.
The committee recommended acceptance of staff’s report on the status of the draft vacant building ordinance with the understanding that consideration of a draft ordinance, in a First Reading format, will be presented to the committee during their first meeting in June (June 13, 2006), at which time public comments will be accepted.
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 - Vacant Planner Position
Mrs. Townshend, Director of Planning and Inspections, reminded members that a planner position was included in this year’s budget; however, due to the Director vacancy, Council requested that upon the hiring of the Director, the need would be evaluated and a report would be given to Council explaining the job responsibilities of the new planner prior to the position being filled. Having recently assumed the responsibilities of Director, Mrs. Townshend advised members that she has been reviewing the internal reorganization of the department and that she will be responsible for the planning and community enhancement functions, which includes community development and property maintenance and inspections. It was felt that it would be beneficial to hire a planner to focus on downtown and redevelopment issues and that this employee should have knowledge of Brownfields and experience in the review of redevelopment projects. Mr. DePrima felt that it would be beneficial to provide a requirement for candidates to have experience with economic development, statistics, etc.
The committee recommended that staff be authorized to advertise for the planner vacancy in the Planning Department, stipulating that a description of the experience required for this position would be provided 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.
Status Report - John W. Pitts Recreation Center
Mr. Carter, Parks and Recreation Director, presented a Conceptual Plan depicting the proposed John W. Pitts Recreation Center, and explained the proposed changes to the plan which will provide for better control and more space. The Conceptual Design will be presented to the Planning Commission for their review in May, at which time various State and other agency comments will be provided.
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.
MONTHLY REPORTS - MARCH 2006
By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Budget Report
City Assessor Report
City Manager's Report
Mayor's Report
Planning and Inspections Report
CITY MANAGER'S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
Members reviewed the Semi-Annual Robbins Hose Company Inspection Report by the City Manager, Mr. DePrima. The inspection is required in accordance with Section 46-43 of the Dover Code.
By consent agenda, Mr. Carey moved for acceptance of the City Manager's Semi-Annual Inspection of the Robbins Hose Company. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
ELECTION RESULTS - 2006 MUNICIPAL ELECTION
Mrs. Green, City Clerk, reported the results of the 2006 Municipal Election held on April 18, 2006, as follows:
TOTAL VOTES CAST - 3,168
MAYOR
William H. Daisey 1,138
Karlton H. Schmidt 131
Stephen R. Speed 1,899
Total Votes Cast for Mayor 3,168
Total Registered Voters19,503
FIRST DISTRICT COUNCIL
David A. Lewis, Jr. 162
James P. Webster 160
Beverly C. Williams 578
Total District Votes Cast 884
Total Votes Cast for Council 867
Total Votes Cast for Mayor 880
Total Registered Voters 5,774
SECOND DISTRICT COUNCIL
William P. McGlumphy