REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 24, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Pitts was absent.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, 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. Eric O'Brien, 30 N. New Street, stated that he has received no response to the official complaint he filed with the Human Relations Commission on April 29, 2004, which was resubmitted on October 9, 2004. He reiterated the problems of loitering, loud noise, and other quality of life issues he is experiencing in his neighborhood and submitted documentation of the various offenses (as on file in the Office of the City Clerk).
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Sadusky and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 10, 2005
The Minutes of the Regular Council Meeting of January 10, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
FIRST STATE HERITAGE PARK AT DOVER - PRESENTATION
Ms. Elaine Brenchley, Project Director for The First State Heritage Park at Dover, provided a PowerPoint presentation on the First State Heritage Park. She advised members that this is a partnership of state agencies seeking to work in collaboration with city and county government, nonprofit organizations, and the private sector to create Delaware’s first urban “park without boundaries” in the city that has been the seat of state government since 1777. The goal of the Park initiative is to raise the visibility of Delaware’s capital as an attraction for heritage tourists by creating and marketing a more comprehensive and cohesive picture of the historic significance and cultural asserts of Dover and the State of Delaware. Members were provided detailed information on the development of the park.
PUBLIC HEARING/FIRST READING - PROPOSED LAND SUBDIVISION AMENDMENT
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Appendix A - Land Subdivision Regulations, Article VI - Subdivision-General Requirements and Design Standards, Section A - Streets, Subsection 13. Final action by Council will take place during the Second Reading of the ordinance on February 14, 2005. Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office.
In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Proposed Ordinance as read by the City Clerk, by title only, as follows:
Appendix A - Land Subdivision Regulations, Article VI - Subdivision-General Requirements and Design Standards, Section A - Streets, Subsection 13 (Referred by the Utility Committee)
Mr. Galvin, Director of Planning and Inspections, advised members that the proposed ordinance was reviewed and recommended for approval by the Planning Commission, the Safety Advisory and Transportation Committee, and the Utility Committee.
Responding to Mr. Ritter, Mr. Galvin stated that the City does not have a Code requirement related to center islands at the entrances to subdivisions. He noted that DelDOT typically addresses those issues as a part of their Development Advisory Committee (DAC) comments. Mr. Ritter expressed concern with the Fire Department’s ability to access subdivisions with the reduced street widths. He stated that he would be more comfortable with a minimum street width of 26 feet, especially for cul-de-sacs. Fire Chief Bashista advised members that he was involved in the review of the proposed amendments. He stated that the street width proposed in the ordinance would be adequate to perform emergency services as long as vehicles are not illegally parked on the streets.
Mr. Hogan stated that developers will be required to provide the necessary off-street parking if they choose to build narrower streets with parking on one or two sides of the street. He noted that he lives on a thirty-eight (38) foot street and he feels that it is too wide since people tend to speed.
Mr. DePrima stated that other issues to be considered are that narrow streets promote slower travel speed, the reduced cost of paving and maintenance of narrow streets, less stormwater management, and environmental impact. He also advised members of the benefits of alleys, such as additional access for police patrol and enforcement and emergency access, neater neighborhoods on trash collection day, and rear-yard parking and utilities.
Council President Williams declared the public hearing open. With no one present wishing to speak, the public hearing was closed.
Council President Williams reminded members that final action by Council will take place during the Second Reading of the ordinance on February 14, 2005.
UTILITY COMMITTEE REPORT - JANUARY 10, 2005
The Utility Committee met on January 10, 2005, with Chairman Carey presiding.
Presentation - Electric Rate Study
In 2003, the City of Dover retained Burns & McDonnell Engineering Company to prepare a Comprehensive Electric Revenue Requirement Cost of Service and Rate Design Study. In September 2003, the Electric Rate Study Implementation Committee was established to further analyze and validate the findings of the Rate Study. The committee's ultimate goal was to suggest ways of implementing the Study's recommendations in such a way as to ensure its objectives.
The final recommendations of the committee were presented to the Utility Committee on February 24, 2004, at which time the City Manager was instructed to meet with the City’s customers to explain the rate study recommendations and discuss the impact of implementing the recommendations.
During the committee meeting, Mrs. Tieman, Administrative Services Director, provided a PowerPoint Presentation and reviewed the key points of the Study and the recommendations of the Electric Rate Study Implementation Committee.
Responding to Mr. Ruane, Mrs. Tieman stated that the gap between revenue and the cost of services could be closed if the entire study were implemented; however, after discussions with the community and large business groups, the committee did not feel it was prudent to recommend implementation of the entire study at this time. Mr. DePrima, City Manager, noted that the Chamber of Commerce was aware that the majority of its membership would realize a savings on their electric bills; however, they chose not to support the recommendation to decrease rates for small and medium commercial members due to their concern with the impact on the large primary customers. It was their feeling that it would ultimately have a greater impact on their small and medium commercial members.
Responding to Mr. Snaman, Mr. DePrima noted that although the City’s residential rate is higher than Conectiv’s rate, at the time of the study, the rates for Conectiv and Delmarva Power were frozen. He advised members that the moratorium will probably be lifted this year and the City’s rates will be more competitive.
The committee recommended approval of the following:
Option #3, changing the power factor to 95% from 90%, as recommended in the Study.
Option #6, moving the church, agricultural commercial, municipal, agricultural residential, primary time-of-use and primary 2 rate customers into their appropriate rate classes, phasing in one rate class at a time for a smooth transition.
Implementation Option #7, over the next three (3) to five (5) years, transition Playtex Products, Inc. to a less complicated rate structure that fits within the City of Dover's rate model, as recommended by the Burns and McDonnell Rate Study.
Option #2, increase customer charges, with the exception of the small commercial and medium commercial rate increases, increasing the large commercial customer charge from $5 to $10, the residential customer charge from $4 to $5, and the primary customer charge from $0 to $10.
That staff be requested to provide a revised Cost of Services Analysis showing the percent variance based on the rates recommended by the committee, once they are adopted by Council, and make a recommendation to close the gap between revenue and cost of service. It was noted that a memo dated January 24, 2005 presented by Mrs. Tieman explains that the recommendations, if approved, close the gap between revenue and cost of service; therefore, no further recommendation would be submitted by staff.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 10, 2005
The Legislative, Finance, and Administration Committee met on January 10, 2005, with Chairman Salters presiding.
Revised Purchasing Policy
As a result of a comprehensive review by the Finance Director, Mrs. Mitchell, members were provided proposed revisions to the City of Dover Purchasing Policy.
In their review, the Finance Director agreed with several additional amendments suggested by members. Due to time constraints, members had to defer further review of the Purchasing Policy until their meeting on January 24, 2005. Mr. Salters requested members to provide written suggestions to Mrs. Mitchell prior to the meeting.
The committee recessed until January 24, 2005.
Disposal of Hanson House - 134 E. Water Street
During the committee meeting held earlier this evening, members considered Disposal of the Hanson House, 134 E. Water Street (Tax ID# ED2-05-077.09-050-380), which is located on a 46.75' x 150' parcel west of and adjacent to the Delaware State Education Association building at 136 East Water Street. On the property is a 950 square foot, two story frame structure with a mansard roof. The building is considered historic and dates to the mid-1700s.
The City purchased the property in 1984 for the purpose of housing the Delaware League of Local Governments. The League occupied the site until 1996 when the building was determined to be no longer habitable. In 1999, the City, in partnership with Preservation Delaware, applied for and received a Transportation Enhancement Grant for $144,000. The total project cost was estimated at $180,000 and the $36,000 difference between the grant and the total project cost was to be contributed by the City and Preservation Delaware. The plan was to restore the building and turn it over to Preservation Delaware for use. After preliminary design work, it became evident that additional funds were needed for construction and required archeological work. The Department of Transportation (DelDOT) increased the total grant award to $323,000 to cover design work, archeological surveys, and restoration and stabilization of the building; however, it was not intended to cover costs for making it habitable and Preservation Delaware was to be responsible for those additional funds. In 2004, two efforts were made to bid the project. In both instances, the bids were over $395,000 for construction only to cover exterior restoration and stabilization.
Mr. DePrima stated that it is now clear that the building is far too deteriorated to be restored and demolition is warranted. However, the building's historic and architectural value can be somewhat preserved by selling the property to a buyer who would be willing to construct a modern replica of the building for office use with an appropriate addition and parking lot. The size of the lot would preclude a much larger building being built. In addition, this path would be most likely to be approved by the Historic District Commission and Planning Commission and have the least opposition from residents who value historic preservation. One potential buyer has come forth supporting this concept.
In accordance with the City of Dover Procedure for Sale and Disposition of Real Property, the property has been evaluated and no City departments have a need for it. The current zoning is I/O (Institutional Office) and changing the zoning would not enhance the value of the lot. The procedure encourages the sale of surplus land through auctions or sealed bids. In this case, advertising for sealed bids is recommended.
It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval and recommended that City Council:
1)declare the property surplus and agree that it would be in the best interest of the City to sell it;
2)have the City Manager make a determination of minimum value;
3)authorize the City Manager to publicize pertinent information on the property and its availability for purchase to the general public by placing ads once a week for two weeks in local newspapers and to accept sealed bids for the property on behalf of the City Council;
4)have as a condition of the sale that an accurate replica of the existing exterior of the building be placed on the property after the sale, and that the seller is responsible for all Planning Commission and Historic District Commission approvals as well as property demolition costs;
5)hold a public hearing February 14, 2005;
6)award the bid after the public hearing pending results and an affirmative vote by Council to sell the property.
Mr. Carey suggested that, if the property is sold, a right-of-way should be retained for access to the City-owned utilities on the property and an easement for the utilities to remain in place.
The committee recommended approval of staff's recommendation.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
SAFETY ADVISORY AND TRANSPORTATION REVIEW COMMITTEE REPORT - JANUARY 12, 2005
The Safety Advisory and Transportation Committee met on January 12, 2005, with Chairman Ritter presiding.
Tiers of Megan’s Law - Explanation by Community Policing Officer (Requested during Committee Meeting of October 27, 2004 - Review of Map/Chart of Incidents of Crime)
During their Regular Meeting of October 27, 2004, members requested Police Chief Horvath to provide information on the Tiers of Megan’s Law.
During the committee meeting, Community Policing Officer Benjamin Marvel explained to members the three (3) Risk Assessment Tier’s for sex offenders based on their charges and the disposition of their case. According to Department Policy, each Tier Level requires that an Officer physically goes to the offender’s residence, school, or place of employment to verify that they live, work, or attend school at that location. In some instances, Tier Level II and III offenders are placed on the Police Department website. Officer Marvel advised members that the Dover Police Department maintains records for 137 sex offenders within the City. He noted that 10 are Tier I, 101 are Tier II, and 26 are Tier III sex offenders.
Mr. Ritter asked if it would be possible to place a list of sex offenders located within the City on the City’s website. Officer Marvel suggested that a link to the Delaware Sex Offender registry would probably be the quickest and easiest way to have that accomplished. He noted that the database can be sorted by the location of the offender.
Mr. Ritter requested the City Manager and the Police Chief to investigate the possibility of posting sex offender information on the City’s and Police Department websites.
Fire Prevention Presentation - Sprinkling of Assembly Occupancies (Dave Truax - Fire Marshal)
The City’s Fire Marshal, Mr. David Truax, provided a PowerPoint Presentation of recommended Code amendments related to fire suppression. Members also viewed a video of a Rhode Island night club fire which killed more than 100 of the occupants.
According to current city code, a sprinkler system is required if the structure is at least 10,000 square feet or has an occupancy limit of 300. Based on the recently adopted edition of National Fire Protection Association (NFPA) 13 - Standards Related to the Installation of Sprinkler Systems, Mr. Truax recommended the following amendments:
• All newly constructed indoor places with an occupancy limit of 150 or more;
• Any existing structure in which interior renovations of 50 percent or more have been done and the building has an occupancy limit of 150 or more;
• Any additions or increase in the size of an existing structure that would create an occupancy limit of 150 or more;
• Educational buildings that are at least 5,000 square feet.
Existing buildings would be grandfathered unless they are renovated or increase their capacity. The occupancy limit would decrease to 100 in establishments where alcohol is served and consumed since alcohol starts to impair judgment and the ability to make rational decisions.
Mr. Ritter requested staff to bring the recommendations back in ordinance form for the committee’s consideration.
Update by DelDOT
Traffic Study - SR1/Route 8 and East Dover Housing Development Projects (Chairman Ritter requested Mr. Gary Laing to provide update during Committee Meeting of November 10, 2004)
During their Regular Meeting of November 10, 2004, members were advised that the traffic studies would take more time to complete. Mr. Gary Laing, DelDOT Municipal Liaison, was requested to provide an update in one month.
Mr. Laing stated that the SR1/Route 8 Traffic Impact Study (TIS) had been mailed to Mr. Galvin, Planning and Inspections Director, on November 22, 2004 and the TIS for Clearview Meadows was mailed on December 22, 2004. Mr. Galvin advised members that the Studies made recommendations for the entrances of all of the properties, as well as improvements shared by all of the developments, such as turn lanes, intersection improvements, and right-of-way acquisition costs. He noted that the City, DelDOT, and some of the developers met to discuss the recommendations.
Status of Traffic Signal - Greenway Lane and Kenton Road (Gary Laing, DelDOT)
Mr. Laing advised members that the study which was completed over one (1) year ago determined that a traffic light could not be installed at the intersection of Greenway Lane and Kenton Road due to its close proximity to Route 8. He stated that he has requested the Traffic Studies Division to revisit the study in order to develop creative alternatives to a traffic signal.
Mr. Laing advised members that the West Dover Connector scheduled for February has been postponed until March 23, 2005, from 5:30 to 8:00 p.m. at the Modern Maturity Center. He also noted that they plan to schedule two (2) or three (3) working group meetings in the first half of 2005, with a workshop being scheduled for July 2005. Responding to Mr. Ruane, Mr. Laing stated that DelDOT would be happy to meet with civic associations and requested that they be made aware when there are interested associations.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
MONTHLY REPORTS - DECEMBER 2004
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:
A. Budget Report
B. Chief of Police Report
C. City Assessor Report
D. City Clerk/Alderman Report (Fines)
E. City Manager’s Report
F. Mayor's Report
G. Planning and Inspections Report
H. Robbins Hose Company No. 1 Report
CONFIRMATION OF POLICE PENSION ELECTION - RET. LT. TIMOTHY MULLANEY - THREE YEAR TERM TO EXPIRE JANUARY 31, 2008
The term of office on the Police Pension Board of Ret. Lieutenant Timothy Mullaney expires on January 31, 2005. Pursuant to Section 18-47(2)(b) of the Pension Plan, notice of an election was given to all plan members. Only one nomination was received, therefore, no election was held. Chief Horvath nominated Ret. Lt. Timothy Mullaney to serve a three (3) year term, to expire on January 31, 2008.
Mr. Ruane moved for approval of the nomination of Ret. Lt. Timothy Mullaney to serve on the Police Pension Board, with a three (3) year term to expire on January 31, 2008. The motion was seconded by Mr. Salters and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of January 10, 2005.
Chapter 2 - Administration, Article III.I - Mayor, Section 2-91 - Duties and Responsibilities of the Mayor
Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent):
BE IT ORDAINED BY THE MAYOR IN COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 2, Administration, of the Dover Code be amended by deleting Section 2-91, Duties and Responsibilities of the Mayor, in its entirety and inserting in lieu thereof the following:
Sec. 2-91. Duties and Responsibilities of the Mayor.
The mayor shall have all of those duties and responsibilities set forth in sections 14 and 53 of the Charter, and as otherwise assigned in the Charter and this Code. In addition thereto, the mayor shall be available on a full-time basis to promote the economic and social interests of the city and the general welfare of its citizens by:
1. Interacting with private citizens, city employees, business people, and other major employers;
2. Interacting with civic and neighborhood associations;
3. Interacting with officials and representatives of other governments and lobbying said officials, as necessary, to promote the welfare of the city and its citizens;
4. Maintaining memberships and/or contacts with various organizations and committees whose purposes, services, or results significantly affect or could significantly affect the government of or the citizens of the city;
5. Representing the government of the city at various community functions;
6. Consulting with the Council on policy issues and, from time to time, offering policy initiatives;
7. Consulting with the City Manager on budgeting, policy and operational issues;
8. Representing the city, in consultation with the Council and City Manager, regarding major projects within or near the corporate boundaries of the city;
9. Making appointments to various commissions and committees as delineated in the City Charter and elsewhere in the City Code;
10. Taking such other decisions and actions, within the mayor’s Charter and Code assigned authority, as necessary to promote the safety, health, and welfare of the citizens of Dover.
Note: In reference to interacting with city employees, this provision does not grant the authority or responsibility to the Mayor to intercede in personnel matters which are the responsibility of Council or Council appointed staff members, unless otherwise granted by City Charter or Code. Furthermore, such interaction shall also be governed by the provisions of Section 36 of Article III of the City Charter.
ADOPTED: JANUARY 24, 2005
COUNCIL MEMBERS COMMENTS
Mr. Ruane commended the Public Works Department and the City Manager for their quick snow removal during the last snowstorm.
Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:15 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 24, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
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