Regular City Council Meeting
iCal

Jan 10, 2005 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on January 10, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.

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.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Council President Williams advised members that since a recommendation for item #4-A was not being forwarded by the Utility Committee, it would be necessary to delete item #11 - First Reading - Proposed Land Subdivision Amendment.

Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Sadusky and unanimously carried.

Mr. Ruane requested that item #5, Legislative, Finance, and Administration Committee Report of December 13, 2004, be removed from the consent agenda.

Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Salters and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 13, 2004

The Minutes of the Regular Council Meeting of December 13, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

UPDATE (240 DAY) - BROWN WATER

Mr. Scott Koenig, Public Works Director, reviewed the Water System Plan of Action Summary, Water Quality Complaints, and the November 2004 Flushing Summary (as on file in the Office of the City Clerk).

PROJECTS UPDATE - CITY MANAGER

Mr. DePrima provided the following project updates:

Garrison Oak Technology Park

The 381 acre Garrison Tract was purchased by the City in the fall of 1999 and re-zoned to a special, high technology zone of IPM-2 shortly thereafter. The property was initially marketed under Senator Carper’s Semi-Conductor Initiative. Last year, staff sent flyers and informational brochures to industrial brokers and corporate re-locators in an effort to attract businesses. Mr. DePrima stated that he would like to propose dividing the site into lots in order to market it as an industrial park, similar to Kent County’s Aeropark. He may also propose reducing the minimum lot size from 50 acres to 20 or 25 acres.

Duke Wholesale Power and Contract

Negotiation of the Duke Wholesale Power Contract began approximately two (2) years ago, well in advance of the contract termination in June 2006. These negotiations have taken an extended period of time due to completion of the electric rate study, waiting for settlement of Electric Bond Finance and IRS settlement, changes in ownership from DukeFlour Daniels to Duke Energy North America, resolution of how opacity regulations would be handled, negotiating PJM membership for the city, and negotiating a new Conectiv Interconnection Agreement for the 230KV tie. Mr. DePrima stated that he hopes to conclude the negotiations by March 2005.

Electric Rate Study Implementation

This study was originally commissioned and completed in July of 2003. The overall results were that the City’s financial system was in good shape, rates were covering expenses at the time and were projected to do so in the future, and that the City was competitive with other utilities on price. There were a number of recommendations regarding rate structure, including rate consolidation, ratcheting, and power factor.

The overall cost of service portion of the study revealed that some classes of customers, to a small degree residential customers and a larger degree primary customers, where underpaying their cost of service while small and medium customers were overpaying.

In 2004, a staff committee was formed to evaluate the study and make recommendations on implementation. That committee worked through the first half of 2004 running validation models of all the study scenarios, using all 20,000 account data files, and made ten recommendations to the Utility Committee. The committee then presented its recommendations to several large customers. The final staff committee recommendations were presented to the Utility Committee for a recommendation to Council.

E-government

Council previously directed staff to improve the appearance of the City’s website and to provide more interaction between the City and the citizens, via the website. In an effort to be more involved in e-government, the following actions have been taken: completely revamped the City’s general, library, and police websites to include meeting agendas, paperless packets, a calendar of events, department information, applications for numerous licenses and permits, online payment for business licences, job applications, job postings using Monster.com. Mr. DePrima noted that staff is working to provide online tax and utility payments. He also noted that the City’s website had been selected as one of MuniNet Guide’s top five picks for municipalities with populations under 200,000.

Hansen House

Renovation of this historic house (mid-1700's), which is owned by the City, was to be funded using a Transportation Enhancement Grant, and then turned over to Preservation Delaware. The concept was to re-build the existing structure, preserving as much of the original fabric as possible. After two attempts, due to the extensive and complex work necessary, staff was unable to find successful bidders within the project’s $260,000 budget. The State of Delaware has expressed an interest in purchasing the property from the City of Dover and using the enhancement funds to build a modern reproduction that can be used for State offices. Mr. DePrima stated that he is waiting for an appraisal from the State, which he will then present to Council.

Division Street Water Diversion

The purpose of this project is to replace and enlarge the older water line along Division Street from State Street to Route 13 in order to improve water flow from the east, where the source is, to the west, where the demand is. Mr. DePrima noted that this has been an active project since 2003; however, it has been delayed by complex survey work and the necessary staff design time being diverted to other, more pressing work. The field survey work is complete and staff is in the process of preparing contract documents. A final decision on the alignment will occur in the near future and the project will be bid in the spring.

Division Street and Mayfair Substation Upgrades

Both the Division Street and Mayfair Substation Upgrades originated in the 2002/03 fiscal year and are in various stages of completion. The Division Street substation, which feeds most of the Downtown area, is located at the corner of Kirkwood and Division Streets. The purpose of this upgrade is to change it from 4Kv to 12Kv as a part of the overall strategy to eliminate the 22kv-4kv system in the City. The purpose of the Mayfair substation upgrade, which is located on New Burton Road near Kesselring Avenue, is to eliminate the 22kv and upgrade to 69Kv to incorporate it into the 69Kv loop, thereby increasing reliability to the whole south side of Dover. Mr. DePrima noted that both projects are underway and have transformer pads and transformers on site. The Division Street substation material has been ordered and construction is now underway, with completion anticipated in May 2005. The Mayfair substation is in final structural design and bids should be presented to Council in February 2005, with construction commencing in April or May and completion anticipated by the summer of 2005.

Intelligent Signalization Project

This is a DelDOT project with the City in a supporting role. The project was funded by the State Bond Bill Committee in 2003, and involves bringing 18 Downtown Dover traffic signals under the central management of DELTRAC, with ownership of the lights being transferred to the State of Delaware. This project has been in design since 2003 and into 2004, and the budget has grown to over $3M. Mr. DePrima noted that the first intersections scheduled for design are North and State Streets, Loockerman and State Streets, Reed and State Streets, and Division and State Streets, with construction possibly starting in the spring.

Mr. DePrima noted that this project should not be confused with the Red Light Photo Enforcement program.

North Dover Transportation Study

This study was originally proposed by Senator John Still to look at the transportation impact that the Delaware Civic Center, expansion of the Dover Mall, proposals for other large retailers, and future expansion of colleges and the university would have on Route 13 north of State Street. Originally, the Chamber of Commerce was going to lead the study with the City writing an application for a $10,000 grant from State Planning. Mr. Galvin, who is now leading the project, advises that there have been several scoping meetings with the Chamber, DelDOT, and DoverKent MPO. Due to recent changes at the Chamber of Commerce, the lead for this project may shift to DoverKent MPO.

Puncheon Run Motor Control

The Puncheon Run Pump Station is one of the most important pump stations with a huge basin from Crossgates-Mayfair northwesterly to Walker Road, which encompasses the north industrial area where P&G, the City’s largest water and sewer customer, is located. The purpose of this project is to replace the outdated motor control center. Design work on this project has been slow due to changes in design parameters, changes in flows in the basin due to dropping flows from P&G and increasing residential flows, other issues revealed during the design investigation causing the scope to go beyond just motor controls to pump replacement, and piping and HVAC issues. Mr. DePrima also noted that they are trying to coordinate these changes with County transmission line changes. The latest construction estimates are far higher than the original budget and staff is now reviewing the construction estimates and designs to bring the project within budget.

Traditional Neighborhood Design at Eden Hill Farm

Staff is anticipating an application for development of the Eden Hill Farm under the Traditional Neighborhood Design zone, which was recently adopted by Council.

Indoor Recreation Center

Last summer, staff presented a concept for a 20,000 square foot indoor recreation center with a $2.8 million price tag. Council approved moving forward with seeking potential partners, talking with the community, and developing a financing plan. Mr. DePrima advised members that he, Mr. Zach Carter, Parks and Recreation Director, and Carolyn Courtney of Parks and Recreation, have met with Capital City Rotary, the YMCA, Modern Maturity Center, Capital School District, State Legislators, Central Delaware Soccer Association, Senior Olympics, and the Capital Baptist School.

Mr. DePrima noted that both the YMCA and the Modern Maturity Center have agreed to meet again and collaborate on the project and the State Legislators suggested that the project be submitted for Community Redevelopment Funds. He also noted that the Senior Olympics and the Capital Baptist School have provided letters of support.

Mr. DePrima stated that they are scheduled to meet with Bayhealth, Greater Dover Committee, representative of upstate foundations, other rotary clubs, Kiwanis, Lions, and the Lacrosse Association. He advised members that Dover Downs has reaffirmed their commitment to the project and pledged $100,000, should the City move forward.

Library

The Library Study, which was commissioned last year, concluded that the City is in need of a 40,000 square foot, centrally located Library. Council directed staff to begin exploring possible locations and develop a financing plan. Staff is still in the process of assembling potential sites and has identified approximately 22 potential sites. A site selection committee is being assembled which will include staff, members of the Library Advisory Commission, the City Council liaison, and members of The Friends of the Library. The site selection committee will narrow the list to the top four (4) or five (5) sites. Mr. DePrima noted that the effort is very much influenced by the statewide planning effort that is going on for a library master plan and the City is trying to be an influence in this effort. He also noted that it has been reported to him that the City is being recommended for a $500,000 matching grant from the State’s Library Fund for land acquisition.

Mr. DePrima noted that a public hearing on the Statewide Master Plan is being held at the State Library in Edgehill on January 20, 2005, and encouraged citizens and other interested parties to attend.

Mr. Ruane advised members that one of the suggestions in the draft Master Plan is to recognize the fact that the Dover Public Library has become a library for the entire county. He noted that more than 50% of the users are county residents outside of the City. It was Mr. Ruane’s understanding that the recommendation will be that there should be greater financial support from the State for an anchor, or regional library. He stated that the recommendation would provide a 75% financial contribution to the building of the library, noting that the County only contributes 30% now. Mr. DePrima advised members that Mr. Robert McLeod, Kent County Administrator, may recommend an increase in library funding to the City based on increased usage.

Facility Space Planning

Mr. DePrima reported that the Facility Space Planning Committee, comprised of himself, Janice Green, City Clerk, and Ed Baker of Facilities Management, is focused on City Hall, 5 East Reed, the Grounds Department, Williams Street Warehouse, and Parks and Recreation. An on-call architect has been retained and has done some preliminary drawings and the committee is currently interviewing department heads for their needs. This has been an issue for several years and staff was able to schedule and budget this effort for this year.

Persimmon Park Place

The streets in Persimmon Park Place were dedicated to the City earlier this year. The streets are scheduled for paving in the spring, as well as lighting if the budget permits.

Dover AFB Sewer Privatization

Last year, staff submitted a proposal in response to an RFP for someone to assume the sewer transmission system at Dover Air Force Base as part of the governments effort to privatize utilities and services at military bases. Staff felt that this was an opportunity to expand services to the benefit of the whole City system.

Mr. Koenig has been through four (4) full cycles of questions, responses, and amendments to the proposal. Staff now expects them to request our last and final offer and award the project to the winning bidder in May, if it goes forward.

Electric Generation Study

This is a relatively new initiative that was an outgrowth of discussions with Duke during contract negotiations regarding the City’s future commitment to increase its generating capacity, given the growth of Dover and the aging of Units 1 & 2. Mr. DePrima advised members that the Electric Director, Mr. Steve Sax, has been tasked with forming a group of staff members and officials from Duke and DEMEC to consider all options for increasing the City’s capacity by 50MW. This group will also consider a potential Landfill Gas Project which is a green energy project being proposed by the Delaware Solid Waste Authority.

Target Area Cleanup

The Planning and Inspections Department teamed with the Public Works Department on “Dunk the Junk”, which was a special pickup designed to clean up the target areas. Mr. DePrima noted that, during this special pick up, the Sanitation department picked up the following quantities of "extra" trash from the target areas:

4 loads of bulk trash, approximately 16 tons (at least 1/2 of this coming from the House of Pride)

1 load of hand trash, approximately 7 tons: 1 ton of wheels and tires;

15-20 car/truck batteries

Street Lights and Stop Signs

This past year the City has become very active in the area of placing stop signs in some of the more established neighborhoods in an effort to reduce speeding. Approximately ten signs have been placed in the CrossgatesMayfair and Edgehill areas and two (2) new sign requests are being evaluated. In addition, staff has been evaluating improved lighting. Mr. DePrima noted that, for the first time, he plans on introducing a Lighting Improvement Plan in next year’s CIP. The Plan will incrementally upgrade lighting throughout the City.

Red-light Photo Enforcement

The Webbs Lane cameras have been operational since April 2004 and the Roosevelt Avenue cameras will be operational by the end of this month. Warning signs and warning advertising will be occurring in advance of the turn on date.

UTILITY COMMITTEE REPORT - DECEMBER 13, 2004

The Utility Committee met on December 13, 2004 with Chairman Carey presiding.

Proposed Ordinance Amendments - Street Widths

Noting that City Council has granted numerous requests for street width waivers, during the committee meeting of April 28, 2003, members suggested that the Director of Planning and Inspections, Mr. James Galvin, prepare amendments to the street width requirements. As a result, Fire Chief Bashista relayed concerns with reducing street widths and, during the Safety Advisory and Transportation Committee Meeting of June 2, 2004, he presented a PowerPoint Presentation which visually depicted his safety issues and concerns with emergency response on narrow width roadways. It was suggested that the Chief Bashista and Mr. Galvin work together on developing an agreeable ordinance amendment.

Mr. Galvin submitted an ordinance that would amend Appendix A - Land Subdivision Regulations, Article VI - Subdivision-General Requirements and Design Standards, Section A-Streets, Subsection 13. The current 38-foot wide standard allows for parking on both sides of a street and two travel lanes of approximately 24 feet. The minimum of 24 feet of clear area has been required for the fire department’s ladder truck from Station 2 to access all properties. The alternatives requested by the development community are smaller street widths that do not allow parking on both sides or, in some cases, any on-street parking. Mr. Galvin explained that the text amendment will reconcile the frequent waivers for street widths for most subdivision applications that the Planning Commission, Utility Committee, and City Council have been considering, particularly in 2003 and 2004, and at the same time, accommodate the current fire fighting and other emergency apparatus. The Planning Commission has recommended approval of the ordinance amendment.

During previous discussions, it was suggested that the turning radii be increased at the intersections of developments to accommodate fire apparatus and questioned if it would be appropriate to include such language in the proposed amendment. Mr. Galvin suggested that this issue could be addressed during the Planning Staff review of the pre-application plans.

Mayor Speed suggested that the committee provide conditional approval of the proposed ordinance amendment for staff to provide additional language to address intersections and curved roadways.

Mr. DePrima, City Manager, suggested that there be included an incentive for alleyways. It was his opinion that there is a significant difference and improvement in terms of accessibility that an alley brings to a development that adding additional parking does not, such as emergency access, utility access, police patrol, sanitation collection, etc. He also noted that there are some minor corrections necessary, such as changing the word “minor streets” to “local streets”, and that there should be reference to streets for commercial properties.

The committee recommended amending the proposed ordinance to change the word “minor” to “local”. Mr. Galvin suggested that members forward the proposed ordinance to Council for adoption, contingent upon the inclusion of the radii, as mentioned, as well as an incentive for alleys.

Mr. Carey suggested that the revisions be reviewed by the Utility Committee during their meeting of January 10, 2005 and be forwarded to Council later that evening for a First Reading. Since the proposed ordinance would amend the Land Subdivision Regulations, Council would also be setting a public hearing for January 24, 2005. In order to meet a 15 day advertisement requirement, Mrs. Green stated that the ad could be placed the week prior to official action by Council setting the public hearing.

The committee recommended that action be deferred with the understanding that the revised ordinance will be provided to members at their next meeting for review in sufficient form after having been reviewed by all appropriate parties so that a final recommendation can be formulated and forwarded to Council later that evening.

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.

Report by City Manager - Public Hearing on Draft Summary Report for Statewide Mandatory Recycling Program

Members were provided a draft Memorandum of Agreement Report Summary on the Statewide Mandatory Curbside Recycling Program, dated November 2004. The Report Summary was prepared by the Delaware Recycling Public Advisory Council (RPAC), Delaware Department of Natural Resources and Environmental Control (DNREC), and Delaware Solid Waste Authority (DSWA). Mr. DePrima, City Manager, advised members that he attended a public information session entitled “Bringing Curbside Recycling to Delaware” on November 4, 2004, and that during the public comment section, he indicated that he would be submitting written comments. He provided a brief review of the proposal and reviewed the comments and questions he developed after consulting with the City’s Public Works Director, who manages the City’s Sanitation Division.

Mr. DePrima explained that the report summarizes the recommendations of the RPAC, DNREC, and DSWA. To his knowledge, the plan is for the final findings, recommendations, and draft legislation to be presented to the Governor and the General Assembly for their consideration in January 2005.

Mr. Ruane noted that the Report Summary references transfer stations and that, during the most recent review of the contract with the DSWA, he recalls there being a promise that Kent County would have a transfer station and questioned its status. Responding, Mr. DePrima stated that the DSWA has delayed any discussion of transfer stations until after the election. There was a site selected; however, it was too close to an Airpark and they have since begun investigating alternative sites. There has been no further information in this regard. A revised contract with the DSWA will be forthcoming. Mr. DePrima assured members that staff will look into the matter and report back. It was Mr. Ruane’s opinion that there is additional information regarding transfer stations in terms of cost savings, convenience, etc.

Mr. DePrima stated that the penalties for not participating in the recycling program are not well defined in the Report Summary. Although the plan provides for funds to be set aside for enforcement, there are no details in this regard. Many communities institute very mild enforcement for recycling.

Information - Use of Alternative Fuels for City Vehicles

With the advancement of alternative fuels for vehicles, such as bio-diesel and ethanol, Mr. Carey suggested that staff conduct further research to determine if the City should consider the use of alternative fuels for City vehicles.

Mr. DePrima advised members that under State contract, flexible fuel vehicles can be purchased that provide for the use of an alternative fuel at no additional cost. He felt that the City could take advantage of this opportunity and, should the fuel become available, the City would have that option if flexible fuel vehicles were acquired.

The committee recommended authorizing staff to research the use of alternative fuels for City vehicles for a report back to the committee within six (6) months of their findings and recommendations.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT OF DECEMBER 13, 2004

The Legislative, Finance, and Administration Committee met on December 13, 2004, with Chairman Salters presiding.

Proposed Ordinance Amendment - Section 2-91 - Duties and Responsibilities of the Mayor

Members considered a proposed ordinance prepared by Mayor Speed that would amend Section 2-91 - Duties and Responsibilities of the Mayor, of the Dover Code. The proposed ordinance would provide a better definition of the duties and responsibilities of the Mayor.

Mr. Ruane suggested that members review all sections of the Charter and Code that reference the Mayor to assure that all duties and responsibilities have been included in the proposed amendment.

The committee recommended adoption of the proposed ordinance amendment to Section 2-91 of the Dover.

Mr. Ruane moved to amend the ordinance by adding “Furthermore, such interaction shall also be governed by the provisions of Section 36 of Article III of the City Charter.” as the last sentence of the Note at the end of the ordinance. The motion was seconded by Mr. Carey.

Responding to Mr. Ritter, Mr. Ruane stated that the sentence, by reference, incorporates the provisions of Section 36 of Article III of the Charter into the protocol for interactions between the Mayor and employees. He noted that this section currently applies only to Council, its members, or committees. Mr. Ruane also noted that he discussed this amendment with the Mayor, who had no objections.

The motion to amend the ordinance by adding “Furthermore, such interaction shall also be governed by the provisions of Section 36 of Article III of the City Charter” as the last sentence of the Note at the end of the ordinance was unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).

Mr. Hogan moved for approval of the committee's recommendation, as amended, seconded by Mr. Ruane and unanimously carried.

Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and unanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - DECEMBER 14, 2004

The Parks, Recreation, and Community Enhancement Committee met on December 14, 2004, with Chairman Pitts presiding.

Tall Pines Condominiums - Open Space

In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.

Tall Pines Condominiums consists of approximately 2.7+/- acres of land, situated on the corner of Chestnut Grove Road and Dover Kenton Road. Mr. Greg Moore, Becker Morgan Group, presented the Active Recreation Plan for Woodbrook Development, L.L.C., which requires a minimum of one-half (.50) acre of active open space. The plan proposes two (2) separate areas of open space, which total one-half (.50+/-) acre, to include a gazebo, wood chip walking path, lawn games, horseshoe pits, and benches. The total investment for the above-mentioned items is $7,032. It was noted that the development is being designed for young adults and retiree’s with no small children; therefore, the active open space is geared toward that population.

Mr. Moore advised members that the intersection of Chestnut Grove Road and Dover Kenton Road is skewed, which presents some safety issues. Mr. Joseph Petrosky of Woodbrook Development, L.L.C. has agreed to provide DelDOT with 13,000+/- square feet (approximately a quarter of an acre) of land in order to realign the right-of-way and to provide safety improvements at this intersection.

Ms. Dawn Melson of the Planning and Inspections Department stated that staff had concerns with the applicant proposing to include the stormwater pond in the calculation for the active recreation area. She also expressed concern with regard to the walking path, noting that the code specifically states that only the developed trail shall be included in the calculation. She noted that, overall, staff is concerned with the applicant’s ability to meet the one-half acre requirement. Responding to Ms. Melson, Mr. Moore stated that they could find nothing in the code that prohibited them from including a stormwater pond. He also noted that there is a section of the code pertaining to open space that requires or allows ponds to be included in the calculations, since it is incorporated in the natural features.

Mr. Carter stated that the developer had the option of paying cash-in-lieu of land if the pond could not be included. Mr. Galvin stated that the calculation for cash-in-lieu is based on the appraised value and, excluding the pond, it would be approximately a quarter of an acre. Mr. Petrosky estimated the value at approximately $30,000, which would not be feasible. It was his feeling that he already meets the half acre requirement; however, the requirement would be obtainable with the land donation to DelDOT. Responding to Mr. Petrosky, Mr. Ruane stated that it has to be determined whether the committee has the authority to waive the pond area and, if so, would they be setting a precedence in terms of using ponds as a contribution. Mr. Moore stated that he believes a similar scenario was approved for the Silver Mills Apartment Complex. It was also his feeling that they were in compliance with Code regarding Open Space. After much discussion, Mr. Anderson requested staff to obtain a legal opinion on the use of the pond to meet the requirement for the active recreation area.

The committee tabled the matter and requested staff to obtain a legal opinion on the use of the stormwater pond in the calculation for the active recreation area. The Committee reconvened on December 20, 2004, to formulate a recommendation for the Planning Commission.

Mr. Galvin asked that the record reflect that, in the future, the committee will be provided sufficient information to formulate a recommendation.

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. (Note: See Special Parks, Recreation, and Community Enhancement Report of December 20, 2004 reported later in this meeting.)

Progress Review of Target Area (Mr. Galvin, Director of Planning and Inspections)

At the request of Mr. Salters and Mr. Pitts, Mr. Galvin provided members an update on the condition of properties in the “target area” located between Governor’s Avenue, North West Street, South West Street, Mary Street, and North Street. Mr. Galvin stated that there were three points he would like to emphasize: 1) What actually happened in 2004 with the properties in the target area; 2) What has happened since the memorandum was received from Mr. Salters and Mr. Pitts; and 3) A plan for the future.

Mr. Grant Prichard, Chief Building Inspector, provided an overview of the area and presented a color coded map that reflected both open and closed violations. He reported that in 2004 there were 374 violations associated with 144 properties, and 267 cases currently active compared with 500 cases in 2003. Mr. Prichard stated that the total number of complaints City-wide to date is 1,637 and 2,752 violations have been documented. He explained that if an Inspector is dispatched for a complaint at a specific residence, they also survey the surrounding properties.

Mr. Galvin reported that there are currently 202 open housing inspections and noted that the annual inspection focuses on rental properties only, since that is the only housing inspection allowed by code. Mr. Prichard stated that they are not focusing only on rental properties; however, the annual inspection allows the inspector to enter the house and ensure that the house is operational.

Mr. Galvin stated that they have begun the “Dunk Your Junk” campaign to encourage the neighborhood to clean up. Flyers have been passed out in the neighborhood and the event is taking place December 16th and 17th. Mr. Galvin stated that the revitalization process cannot be based on code enforcement alone, it is a three-step process. Code enforcement by the Inspectors is the first step, followed by a friendly approach, such as the current campaign, and, thirdly, making capital investments in the area. Mr. Galvin explained that the capital investments are at the preliminary stage for this area and are being made by the Dover Housing Authority, Habitat for Humanity, and a private investor.

Mr. Galvin stated that he is proposing the following: A quarterly clean up campaign, committing one staff person per week to the neighborhood, demolition of a few dangerous houses in the area (one (1) in 2004 and at least two (2) in 2005), and to continue support of the Dover Housing Authority and Habitat for Humanity. Mr. Galvin explained that approximately $300,000 will be available for demolitions and mortgage assistance through the Community Block Development Grant (CDBG) in 2005. Responding the Mr. Ruane, Mayor Speed stated that all of the CDBG funds are identified for use in the target area for streets. Mr. Galvin stated that staff would be submitting a new plan for the CDBG funds in May of 2005 based on input from the community.

Mr. Galvin informed the committee that all the CDBG funds have been allocated, except for a specific recipient. The initial amount was approximately $90,000 in economic development program loan funds, which is more than what can be used in a year for economic loans since the current limits are $15,000 per loan. Mr. Galvin noted that $15,000 is usually sufficient to replace a furnace, perform minor plumbing and electrical, insulation, and either window or roof replacements.

By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT OF DECEMBER 15, 2004

The Safety Advisory and Transportation Committee met on December 15, 2004, with Chairman Ritter presiding.

Update by City Manager - Traffic Concerns (Volume & Speed) on East Loockerman Street - John McNeal, Jr. (Committee requested Police Chief to meet with City Manager for installation of stop sign during committee Meeting of September 29, 2004 for a report back to the committee in 2 months)

During their Regular Meeting of September 29, 2004, members were provided an update on traffic concerns on East Loockerman Street. Police Chief Horvath was requested to discuss the installation of a stop sign with the City Manager, Mr. DePrima, and report back in two months with the results of that discussion and the new information from the speed counter.

Mr. DePrima reported that the Police Department evaluated traffic speeds in the area of East Loockerman Street. In reviewing the results, it was concluded that a three-way stop sign may help alleviate speeding. Mr. DePrima stated that he has instructed the Public Works Department to install the necessary stop signs at East Loockerman Street and Loockerman Court. He requested the City Clerk’s Office to send a letter to Mr. McNeal advising him that this task had been completed.

Responding to Mr. Ritter, Chief Horvath reported that staff returned to the area and relocated the metro strips. They found that there was sufficient speeding in the area to warrant the stop signs. Chief Horvath cautioned that there may be complaints from residents that motorists are running the stop sign.

Report by Chief Horvath - Update on Police Department Complaints/Code Enforcement Issues - Neighborhoods Surrounding Wesley College (Delaware Avenue, American Avenue, etc.)(Requested by Chairman Ritter during Committee Meeting of November 10, 2004 - Similar Agenda Item and that President of Neighborhood Link Association be invited to attend)

During their Regular Meeting of November 10, 2004, members were provided a six (6) month summary of activity in the Governors Avenue and Wesley College area. Chief Horvath was requested to provide a report at the next meeting on other areas surrounding Wesley College, such as Delaware Avenue and American Avenue. Staff was also requested to invite the President of the Neighborhood Link Association to this meeting.

Chief Horvath briefed the committee on the area between State Street and Silver Lake from east to west and between Division Street and Hazel Road from north to south. He noted that, overall, this is a safe neighborhood.

Mrs. Kathie Siler of 299 North State Street, President of the Neighborhood Link Association, reported that residents are frustrated because they cannot understand why people are not being cited for noise violations. She noted that Officer Kelli Burns of Community Policing has attended their meetings, which is encouraging to the residents. Chief Horvath stated that the officers cannot cite anyone unless they witness the crime; however, any resident who witnesses a crime can sign a warrant within a twelve-hour period. He noted that a misdemeanor citation can be issued up to two years later. Once the warrant is signed, an officer can then arrest the person. Chief Horvath encouraged Mrs. Siler to advise the members of the association to continue to report any incidents so that when he reviews the reports, he will be able to identify areas of concern.

Development of Three (3) Transportation Priority Projects for the City of Dover - Next Year’s State CIP (Chairman Ritter requested Councilman Ruane to provide information during Committee Meeting of November 10, 2004 - Same Agenda Item)

During the November 10, 2004 Safety Advisory and Transportation Committee meeting, Chairman Ritter requested that Mr. Ruane assist the committee in developing a list of the TIP transportation projects that the City should advocate to Secretary Hayward for Fiscal Year 2006. Mr. Ruane stated that the exhibits included in the package were reviewed with Mr. DePrima, City Manager, and Mr. Koenig, Public Works Director. In developing a list of the top priorities for FY 2006, the following were considered within the context of the overall benefit to the City: past ranking; new projects; project funding in DelDOT CIP; changes in the status in projects; ranking by the Dover/Kent MPO; and length of time a project has been proposed. When considering these factors, the following appeared to be the top three projects:

            #1 - Wyoming Mill Road Realignment

This is a new project that emerged as the result of the annexation and proposed subdivision of the Brittingham Farm west of Wyoming Mill Road. The developer of the project has agreed to move the road to the west so that it aligns with Westover Drive. This would eliminate a substandard intersection and allow the new intersection t be signalized. In addition, the developer has agreed to donate the 15 acres that will remain east of the new alignment to Schutte Park for recreation fields.

#2 - College Road (From McKee Road to Kenton Road) Pedestrian and Shoulder Improvements

This project, which was last years’ top priority, includes the construction of curbs, sidewalks, bike lanes, and drainage systems for this section of the road. It ranked fifth on the overall Transportation Committee list in July 2003. Projects #1 through #4 were already in the advanced stages of funding or planning by February 2004. This project is currently scheduled for funding between FY 2009 and FY 2011. It was the highest ranking project by the Dover/Kent MPO.

#3 - Kenton Road (From Chestnut Grove Road to Route 8) Pedestrian and shoulder

Improvements

This project includes the construction of curbs, sidewalks, bike lanes, and drainage systems for this section of the road. It was seventh in the July 2003 rankings and fourth in the Dover/Kent MPO ranking. A number of new developments have been proposed on Chestnut Grove Road near Kenton Road. This project was not recommended to Secretary Hayward as a top priority last year since it was outranked by the Crawford Carroll Avenue Extension; however, that project is not being recommended at this time since it is being further studied by DelDOT, along with the northern Route 13 Corridor.

Responding to Mr. Simmons, Mr. DePrima stated that the donation of the 15 acres was not contingent upon the Wyoming Mill Road Realignment, noting that the land will be donated as parkland to that subdivision either way. Mr. DePrima stated that there are many good reasons to have the road realigned. Mr. Simmons expressed concern with ranking the Wyoming Mill Road Realignment above the College Road Project, noting that College Road is heavily traveled and should be a higher priority due to the safety issues in that area. Mr. DePrima advised members that the three items on the list were in no particular order and could be adjusted.

The committee recommended that Council President Williams send a letter to Transportation Secretary Nathan Hayward stating that the top three transportation projects for the City of Dover are: (1) Wyoming Mill Road Realignment; (2) College Road (From McKee Road to Kenton Road) Pedestrian and Shoulder Improvements; and (3) Kenton Road (From Chestnut Grove Road to Route 8) Pedestrian and Shoulder Improvements.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Discussion - Quality of Life Task Force (Chairman Ritter)

Mr. Ritter advised members that the creation of a Quality of Life Task Force would involve hiring four (4) new police officers who would report to a Community Policing supervisor. This past summer, the program ran for a little over a month and was very effective in controlling quality of life offenses.

Chief Horvath stated that the Quality of Life Task Force would try to foresee problems before they arise. They will work throughout the City; however; they would not be focusing on just this type of offense. Responding to Mr. Ruane, Chief Horvath stated that this task force would be treated as a free-standing unit and would not be responding to routine complaints.

The committee recommended hiring four (4) additional police officers for the upcoming budget year to create the Quality of Life Task Force for the City.

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.

By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT OF DECEMBER 20, 2004

A Special Parks, Recreation, and Community Enhancement Committee meet

Agendas
Attachments