REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 27, 2003 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Jorgenson, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. William Hare of 20 Homestead Drive, Camden, addressed members as a former member of Council. Having observed recent actions of Council, he felt compelled to remind members that they were elected to serve in the best interest of the citizens of the City of Dover. It was his feeling that during the past couple of weeks, some members have been promoting personal agendas. Mr. Hare indicated that there are two (2) powerful committees within the City’s structure, Utility and Legislative and Finance Committees, and to suggest that there are only a few members capable of serving indicates to him a hidden agenda. In response to the comment made by the Council President regarding his nominations that he “wanted to place individual council members who have demonstrated an independence in the past to speak out, challenge the status quo, and delve into the issues”, Mr. Hare hoped he wasn’t confusing the “independence to speak out” with a lack of knowledge, “challenge of the status quo” with political inexperience, and “delving into the issues” with micro-managing areas and city jobs for which they have no experience. Mr. Hare alluded to the contract negotiations and hoped that they would be concluded in a timely manner, noting that the City has obtained a labor attorney, which has not been necessary for former councils. In the best interest of the citizens of Dover, he requested reconsideration of appointing the same members to committees that have provided the City with “checks and balance”, otherwise, there will be no “checks and balance”.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President McGlumphy requested the deletion of item #6, Proposed Bond Resolution - Authorizing the Sale of up to $33,810,000 Electric Revenue Bonds of the City of Dover.
Mr. Speed moved for approval of the agenda as amended, seconded by Mr. Ritter and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 12, 2003
The Minutes of the Annual Council Meeting of May 12, 2003 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
CERTIFICATE OF RECOGNITION - COUNCILMAN STEPHEN R. SPEED - COMMANDING OFFICER, UNITED STATES NAVAL RESERVE
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, on Saturday, May 17, 2003, Patrol Squadron 64 of the United States Department of the Navy held its twenty-fourth Change of Command Ceremony, promoting Stephen R. Speed to Squadron Commander; and
WHEREAS, according to the Change of Command Tradition, “There is one who alone is ultimately responsible for the safety, effectiveness and morale of his squadron. He is the Commanding Officer. He is the squadron!”; and
WHEREAS, the men and women of VP-64 take great pride in their squadron’s achievements and “realize the extent to which an entire squadron reflects the personality and ability of one individual, the Commanding Officer”; and
WHEREAS, the Mayor and Council of the City of Dover share that pride and wish to express their congratulations to their fellow member, Councilman Stephen R. Speed, on the occasion of his promotion to Commander of Patrol Squadron 64.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, am honored to present this Certificate of Recognition to STEPHEN R. SPEED on this 27th Day of May 2003, and commend him for his dedication and commitment. On behalf of the entire City Council and the citizens of the City of Dover, I extend best wishes for success in all his future endeavors.
On behalf of the City of Dover, Council President McGlumphy presented Mr. Speed with the Certificate of Recognition in honor of his promotion to Commander of Patrol Squadron 64.
Mr. Speed thanked members for the recognition.
MAIN STREET DOVER - PRESENTATION OF AWARDS - ST. PATRICK’S DAY PARADE
Mr. Ed Perez, Executive Director of Main Street, and Mr. Tim Slavin, President of the Board of Directors for Main Street, presented awards for the 10th Annual St. Patrick’s Day Parade, as follows:
Category and Award Winners
Pot O’Gold (anything on wheels) - Lone Wolf Outlaw Cruisers (P T Cruisers)
Leprechaun (Brigade or Marching Unit) - Civil Air Patrol Mobile Command Post (Marching Unit)
Blarney (Best Mascot) - USAF Recruiter “Ricky Recruiter”
Green Machine (Best Float) - “Liberty Bell” T-33 Jet Aircraft with 512th Airlift Wing
Aran (Best Animal) - Teddy and Tiffany
The Harp (Best Musical Group) - Citizens Hose Company Band, Smyrna
Grand Marshall (Best Participant) - Steppin Seniors
Shamrock (Best Overall) - Irish Society of Delmarva
PUBLIC HEARING - RECONSIDERATION OF REZONING - ONE YEAR LIMITATION EXPIRATION - 811 BAY ROAD, OWNED BY DELAWARE INDUSTRIAL ENTERPRISES
In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council.
Mr. Jorgenson, City Planner, reminded members that during their Regular Meeting of April 10, 2000, City Council approved the rezoning of property located at 811 Bay Road from C-4 (Highway Commercial) and IPM (Industrial Park Manufacturing) to SC-3 (Regional Shopping Center). At the time of the rezoning, the property was owned by Delaware Industrial Enterprises. He also indicated that a rezoning extension was granted by members of Council during their Regular Meeting of April 23, 2001 and a second extension granted April 22, 2002. The Zoning Code does not indicate a limit to the number of times that an extension of the rezoning may be granted.
Mr. Jorgenson advised members that the Planning Office has not received any applications for the redevelopment of the subject property. Since no request for an extension has been received, staff recommended that the property revert to the zoning classification of C-4 and IPM.
Mr. Ruane noted that staff indicated that the Comprehensive Plan Update 2003 will evaluate the future land use for this property as part of the Land Development Plan chapter and map and questioned if any preliminary evaluation has been done and if so, is the property more appropriately classified at its present or previous zoning classification. Responding, Mr. Jorgenson stated that an analysis has been conducted and it has been concluded that the reversion of the land to its previous zoning classifications would be a more appropriate designation.
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Speed moved that the property revert back to its original zoning classifications of C-4 and IPM, as recommended by the Planning Staff. The motion was seconded by Mr. Salters and unanimously carried. The First Reading of the following proposed ordinance was accomplished by title only (final action by Council on the rezoning ordinance will take place during the Council Meeting of June 9, 2003):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 811 BAY ROAD.
RETURNED CHECK FEE INCREASE
During the Legislative and Finance Committee Meeting on April 28, 2003, members reviewed a proposal to increase the returned check fee by $5, to $25. The committee’s recommendation, under the sub-heading of Administrative Services, was inadvertently omitted from the Council agenda on May 12, 2003. Although the committee report was accepted, Council action will ratify the committee’s recommendation regarding the returned check fee increase.
Administrative Services
The Administrative Services Department reviewed revenue from late payment fees, sale of flags and site maps, and returned check fees. After reviewing costs and comparable communities, staff recommended that the returned check fee be increased $5 to $25. This recommendation is based on the following comparisons: Citizens Bank $35, PNC Bank $30, Wilmington Trust $30, City of Milford $35, Town of Smyrna $30, Delaware Electric Co-op $25, Chesapeake Utilities $17, Conectiv $15, Newark no charge.
The committee recommended approval of staff’s recommendation that the returned check fee be increase by $5, to $25.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT - MAY 19, 2003
The Utility Committee met on May 19, 2003 with Chairman Ruane presiding.
Waiver Requests - Luther Village Planned Neighborhood Design (Senior Citizen Housing Option)
Mr. Jorgenson, Director of Planning and Inspections, advised members that the Luther Village Plan encompasses nine (9) development phases with eight (8) apartment buildings and a town center building. The project consists of a total of 524 units and the associated road system, parking, open space, and stormwater management areas. This Site Plan is for Phase 1 of the project. Each phase typically consists of an apartment building, associated parking lots, stormwater management elements, active recreation areas such as, walking trails and open space landscaping. The total area for the Luther Village project is 34+/- acres.
The application for Luther Village Phase I includes three subdivision waiver requests as follows:
Public Street Frontage and Building Setbacks
The applicant of Luther Village has submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Paragraph E, Section 5 and Appendix B, Article 4, Section 4.10). Specifically, the applicant has requested a waiver from the requirement that the lot have public road frontage and a waiver from the building setback distances from property lines to allow for minor subdivision of the Phase I building area.
The Planning Commission reviewed the proposed public street frontage and building setback waiver requests as part of its review of the Conceptual Subdivision Plan for Luther Village Phase I and recommended approval of the waiver as requested.
The committee recommended approval of the requested waiver from the requirement that the subdivision lot provide public road frontage and the waiver from the building setback distances from property lines to allow for minor subdivision of the Phase I building area for the Luther Village Subdivision, as recommended by the Planning Commission.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and unanimously carried.
Right-of-Way and Paved Street Width Reduction
The applicant of Luther Village has submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of thirty-eight (38) feet to permit a pavement width of twenty-four (24) feet on Babb Drive. The Plan proposes to reduce the right-of-way width of sixty (60) feet to fifty (50) feet for Babb Drive.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Luther Village Phase I and recommended approval of the requested waiver from a thirty-eight (38) foot paved width requirement for the Babb Drive, to permit a paved width of twenty-four (24) feet and the waiver to reduce the right-of-way from sixty (60) feet to fifty (50) feet.
During the committee meeting, members relayed concern with a twenty-four (24) foot street being adequate to serve the site. Although the application was reviewed by the Development Advisory Committee and nothing in their review indicated opposition to the reduced pavement width, it was noted that this would probably be the last request for a twenty-four (24) foot paved width that would be supported by the Planning Department. Mr. Jorgenson indicated that the Fire Chief has expressed a desire for at least twenty-eight (28) feet of paved roadway to accommodate vehicle movements. After much discussion, it was the consensus of members that a twenty-eight (28) foot paved width would be preferable to a twenty-four (24) foot paved width.
The committee recommended approval of the request for a waiver from the required thirty-eight (38) foot paved width requirement for Babb Drive, to permit a paved width of twenty-eight (28) feet and the waiver to reduce the right-of-way from sixty (60) feet to fifty (50) feet.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried.
Lexington Woods Subdivision - Right-of-Way and Paved Street Width Reduction
The applicant of Lexington Woods Subdivision has requested a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of thirty-eight (38) feet to permit a paved width of thirty-two (32) feet for all streets in the subdivision. The Plan proposes to maintain the minimum right-of-way width of sixty (60) feet throughout the subdivision.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Lexington Woods Planned Neighborhood Development and recommended approval of the waiver as requested.
The committee recommended approval of the requested street waivers for the Lexington Woods Subdivision, as recommended by the Planning Commission.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried with Mr. Salters voting no.
Dedication of Rights-Of-Way and Public Infrastructure - Enterprise Business Park
The developer of Enterprise Business Park, Del-Homes Group, L.L.C., has requested that all public rights-of-way and infrastructure be dedicated to the City of Dover for permanent ownership and maintenance. When the construction was complete, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover’s Standards and Specifications for Public Works Construction. All repairs have been completed by the developer. In addition, as-built drawings of the improvements have been submitted to the Department of Public Works for their permanent records. Members were provided a list of all public improvements proposed for acceptance by the City of Dover.
Mr. Koenig, Public Works Director, noted that the developer has submitted a performance bond that will be in effect for one (1) year from the date of acceptance. Staff recommended acceptance of the dedication of rights-of-way and public infrastructure in the Enterprise Business Park as presented.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for acceptance of the dedication of rights-of-way and public infrastructure in the Enterprise Business Park as recommended by the committee. The motion was seconded by Mr. Pitts and unanimously carried.
230 KV Tie Project
Mr. DePrima explained that the proposed 230 KV Tie Project will create a new tie to the Conectiv lines which run east of Route 9. He stated that this is one of the most important electric projects that the City has undertaken since the construction of the VanSant Combustion Turbine.
Purchase/Condemnation of Property
Mr. DePrima informed members that site selection activities began in the fall of 2001 and four (4) prospective sites were evaluated for the possible location of the 230KV tie station (page 60 in the 2003-07 CIP and page 70 of the 2004-08 draft CIP). Dover Consulting Services, Inc. was selected as the City's real estate appraisal consultant in January 2002 to assist in site selection and acquisition. Analysis and discussions with the property owner resulted in the selection of a site on the south side of Donas Landing Road, east of Route 9. Acquisition includes a nineteen (19) acre parcel and a 100-foot wide access easement. The landowner gave the City permission to seek conditional use approval from the Kent County Levy Court for an electric tie station. Applications were made and, after a number of meetings with Kent County Planning Services, the Department of Agriculture, and a number of others, a conditional use permit was approved for the site in October 2002.
After several meetings, negotiations and legal reviews, an offer to purchase the site was prepared by Mr. William Pepper, the Deputy City Solicitor, and presented to the property owner. The offer stated that if the offer was not accepted by May 16, 2003, the City would move forward with condemnation. As of May 16, 2003, the offer has not been accepted. Dover Consulting Services, Inc. has appraised the value of the property at $127,400. Mr. DePrima noted that discussions are ongoing with the property owner, including the option to lease back the agricultural portion of the property to allow continued use.
Staff requested authorization to initiate condemnation action against this property for use as a site for the 230KV tie station. The City Solicitor, Mr. Nicholas Rodriguez, will take the necessary legal action which would include the deposit of $127,400 in an escrow account and the payment of the necessary legal and appraisal fees. The City Solicitor will also prepare a condemnation resolution for the next City Council meeting.
The committee recommended authorizing the City Solicitor to take the necessary legal action, which would include the deposit of $127,400 in an escrow account and the payment of the necessary legal and appraisal fees and that a Resolution be adopted authorizing the City Solicitor to proceed with condemnation in accordance with Del. Code Section 6102.
Responding to Mr. Speed regarding the offer price versus the condemnation price, Mr. DePrima explained that according to the City Solicitor the price offered by the City had to be the appraised price for the property. He advised members that a lower price was also offered with the option of leasing back some of the land for farming purposes. The owners not only requested more money but also suggested moving the project to another location on the farm. Mr. DePrima reminded members that the City has been working on this location for more than a year and although communications will continue, the City Solicitor felt that the City should begin condemnation proceedings.
In response to Mr. Ritter, Mr. DePrima explained that the entire property is being acquired due to a 100' setback requirement of the Levy Court and additional 100' of property for buffering. Due to the zoning ordinances of Kent County, the City is required to acquire additional land; however, the buffer area can be utilized as farmland under the Kent County ordinances. Mr. DePrima advised members that there is a large amount of the property that is located in wet woodlands which is not farmable nor buildable.
Mr. DePrima assured members that if an agreement is reach without going through the condemnation process, the matter will be presented to Council for approval.
Mr. Ruane moved for approval of the committee’s recommendation authorizing the City Solicitor to take the necessary legal action, which would include the deposit of $127,400 in an escrow account and the payment of the necessary legal and appraisal fees, seconded by Mr. Carey and by a roll call vote of eight (8) yes, one (1) no (Mr. Speed), Council adopted the following Resolution:
WHEREAS, The City of Dover has determined that, in order to continue to provide reliable electric service to its residents, it is necessary to expand its electric generation capabilities by building an additional substation; and
WHEREAS, it is highly desirable to locate the substation immediately adjacent to existing high voltage transmission lines; and
WHEREAS, a suitable site has been identified that would serve the short and long term needs of the City; and
WHEREAS, it is necessary that the property, more particularly described in the attached legal description, be procured using the eminent domain process.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover endorse the acquisition of the necessary land and easements required to build a new electric substation to serve the short and long term needs of the City of Dover and authorize the City Solicitor to move forward with the eminent domain proceeding, as governed by Del.C. Title 10 - Courts and Judicial Procedures, Part IV - Special Proceedings, Chapter 61 - Condemnation.
ADOPTED: MAY 27, 2003
Description of Lands for Proposed City of Dover Substation Property - Portion of Lands of Philip P. and Sandra L. Cartanza, Dover, DE - to be conveyed to the City of Dover
Portion of Tax Map Parcel No. LC-00-059.00-01-20.01-000
ALL that certain lot, piece or parcel of land with all improvements thereon erected, situate in Little Creek Hundred, Kent County, State of Delaware, lying southeasterly of, but not adjacent to the southerly side of County Road #87 (Donas Landing Road), a short distance east of County Road #86 (Savannah Road), being bounded on the east by lands now or formerly of Loblolly, LLC, on the south by the Herring Branch and lands now or formerly of Walker L. Mifflin Estate, and on the west and north by residue lands of Philip P. and Sandra L. Cartanza, and being more particularly bounded and described in accordance with a recent survey by Scott Engineering, Inc., consulting engineers and surveyors, as depicted upon a Conditional Use Site Plan for Proposed City of Dover Electric Substation, Drawing No. 2281-02-1, dated July 16, 2002, comprising of two (2) sheets, as follows to wit:
BEGINNING for the same at a point in the southwesterly line for lands now or formerly of Loblolly, LLC in the northwesterly third of an irrigation pond, said point being located the following five (5) courses from the point of commencement, said point of commencement being located at a point of curvature in the southerly right-of-way line of County Road #87 (50 feet wide) in the center of a ditch, said point of commencement also being the northeasterly most corner for residue lands of Philip P. and Sandra L. Cartanza and the northwesterly most corner for lands now or formerly of Loblolly, LLC: running from the point of commencement with the line for lands of said Loblolly, LLC (1) with the center of a ditch South 15° 05’ 53” East – 47.60 feet to a point; thence (2) leaving said ditch and running South 15° 04’ 32” East – 433.93 feet to a point; thence (3) South 22° 35’ 52” East – 101.43 feet to a point; thence (4) South 39° 08’ 04” East – 64.30 feet to a point in the center of a ditch at the northwesterly end of the aforesaid irrigation pond; thence (5) running through said irrigation pond South 51° 08’ 05” East – 142.45 feet to the point of beginning; thence from the said point of beginning continuing through the said pond and with lands of said Loblolly, LLC, South 51° 08’ 05” East – 379.10 feet to a point at the southeasterly end of said pond at the beginning of a ditch; thence running more or less with the center of said ditch and continuing with the line for lands of said Loblolly, LLC the following eleven (11) courses: (1) South 62° 58’ 16” East – 31.70 feet to a point; thence (2) South 69° 15’ 55” East – 323.03 feet to a point; thence (3) South 53° 38’ 31” East – 276.12 feet to a point; thence (4) South 57° 56’ 50” East – 73.02 feet to a point; thence (5) South 35° 05’ 38” East – 56.05 feet to a point; thence (6) South 19° 00’ 19” East – 39.23 feet to a point; thence (7) South 70° 02’ 09” East – 67.95 feet to a point; thence (8) South 20° 05’ 33” East – 41.81 feet to a point; thence (9) South 86° 56’ 46” East – 39.52 feet to a point; thence (10) South 04° 11’ 53” West – 41.20 feet to a point; thence (11) South 22° 25’ 29” East – 47.60 feet to point more or less at the intersection with the center of the Herring Branch in line for lands now or formerly Walker L. Mifflin Estate at a corner for this parcel and lands of said Loblolly, LLC; thence running more or less with the center of the said Herring Branch and lands of the said Mifflin Estate the following twenty-two (22) courses: (1) South 12° 11’ 33” West – 58.47 feet to a point; thence (2) South 33° 55’ 00” West – 129.14 feet to a point; thence (3) North 82° 12’ 47” West – 79.39 feet to a point; thence (4) South 57° 33’ 41” West – 101.94 feet to a point; thence (5) North 46° 48’ 15” West – 116.78 feet to a point; thence (6) South 57° 01’ 37” West – 42.11 feet to a point; thence (7) South 16° 59’ 58” West – 66.67 feet to a point; thence (8) South 88° 57’ 43” West – 52.69 feet to a point; thence (9) North 04° 44’ 55” East – 82.87 feet to a point; thence (10) North 66° 12’ 55” West – 46.46 feet to a point; thence (11) South 18° 02’ 08” West – 115.89 feet to a point; thence (12) North 86° 22’ 08” West – 47.28 feet to a point; thence (13) North 12° 26’ 09” East – 83.00 feet to a point; thence (14) North 59° 12’ 39” West – 32.09 feet to a point; thence (15) South 30° 48’ 17” West – 45.86 feet to a point; thence (16) North 80° 14’ 30” West – 77.43 feet to a point; thence (17) South 30° 28’ 28” West – 141.56 feet to a point; thence (18) North 49° 34’ 04” West – 72.47 feet to a point; thence (19) South 78° 30’ 30” West – 44.11 feet to a point; thence (20) South 61° 55’ 36” West – 75.64 feet to a point; thence (21) South 06° 11’ 23” West – 35.60 feet to a point; thence (22) South 81° 41’ 15” West – 55.61 feet to a point at a corner for this parcel and residue lands of said Cartanza; thence running with new lines hereby created dividing this parcel and residue lands of said Cartanza, the following two (2) courses: (1) North 44° 21’ 27” West – 560.98 feet to a point; thence (2) North 20° 44’ 05” East – 763.50 feet to a point, the Place of Beginning.
Containing within the above described metes and bounds 19.016 acres of land, be the same more or less.
Property subject to certain leased back easements and benefitting from a 100 feet wide access easement as may be shown or noted on the above referenced Conditional Use Site Plan for Proposed City of Dover Electric Substation.
Description of 100 Feet Wide Access Easement Across Lands of Philip P. and Sandra L. Cartanza To be granted to City of Dover
ALL that certain 100 feet wide strip of land lying on the northeasterly side of the lands of Philip P. and Sandra L. Cartanza, situate in Little Creek Hundred, Kent County, State of Delaware, said strip of land being a 100 feet wide access easement leading from County Road #87 (Donas Landing Road) to the lands for the new City of Dover electric substation, and being more particularly bounded and described in accordance with a plan entitled “Conditional Use Site Plan for Proposed City of Dover Electric Substation” as prepared by Scott Engineering, Inc., consulting engineers and surveyors, Drawing No. 2281-02-1, dated July 16, 2002, comprising of two (2) sheets, as follows to wit:
BEGINNING for the same at a point of curvature in the southerly right-of-way line of County Road #87 (50 feet wide) in the center of a ditch, said point also being the northeasterly most corner for residue lands of Philip P. and Sandra L. Cartanza and the northwesterly most corner for lands now or formerly of Loblolly, LLC; thence from the said point of beginning running in part more or less with the center of said ditch and with the lands of said Loblolly, LLC, South 15° 05’ 53” East – 47.60 feet to a point; thence leaving said ditch and continuing with the lands for said Loblolly, LLC South 15° 04’ 32” East – 433.93 feet to a point; thence leaving said lands of Loblolly, LLC and running through lands of said Cartanza, South 15° 04’ 32” East – 445.38 feet to a point in the westerly line for lands of the City of Dover Electric Substation; thence running with the westerly line of said substation lands South 20° 44’ 05” West 170.91 feet to a point; thence leaving the westerly line of said substation lands and running through the lands of said Cartanza, North 15° 04’ 32” West – 1,013.45 feet to a point in the southerly line of County Road #87; thence running with the southerly line of County Road #87, N 45° 18’ 08” East – 49.67 feet to a point of curvature; thence running with the same in a northeasterly direction along a 478.45 feet radius curve to the right, said curve having a chord bearing of North 49° 05’ 03” East and a chord length of 63.12 feet, an arc length of 63.16 feet to a point, the Place of Beginning.
Containing within the above described metes and bounds 97,165 sq. ft. (2.231 acres) of land, be the same more or less.
Description of Lease Back Areas
Agricultural Land
ALL that certain lot, piece or parcel of land situate in Little Creek Hundred, Kent County, State of Delaware, lying between the City of Dover electric substation perimeter access road and the westerly and southwesterly property lines of the City of Dover electric substation, and being more particularly bounded and described in accordance with a plan entitled “Conditional Use Site Plan for Proposed City of Dover Electric Substation” as prepared by Scott Engineering, Inc., consulting engineers and surveyors, Drawing No. 2281-02-1, dated July 16, 2002, comprising of two (2) sheets, as follows to wit:
BEGINNING for the same at a point in the southerly edge of a 25 feet wide stone access road where it crosses the westerly line of the City of Dover electric substation property separating the lands described herein from residue lands of Philip P. and Sandra L. Cartanza, said point being located the following six (6) courses from the point of commencement, said point of commencement being located at a point of curvature in the southerly right-of-way line of County Road #87 (50 feet wide) in the center of a ditch, said point of commencement also being the northeasterly most corner for residue lands of Philip P. and Sandra L. Cartanza and the northwesterly most corner for lands now or formerly of Loblolly, LLC: running from the point of commencement with the line for lands of said Loblolly, LLC (1) with the center of a ditch South 15° 05’ 53” East – 47.60 feet to a point; thence (2) leaving said ditch and running South 15° 04’ 32” East – 433.93 feet to a point; thence (3) South 22° 35’ 52” East – 101.43 feet to a point; thence (4) South 39° 08’ 04” East – 64.30 feet to a point in the center of a ditch at the northwesterly end of the aforesaid irrigation pond; thence (5) running through said irrigation pond South 51° 08’ 05” East – 142.45 feet to a point; thence (6) continuing in part through said irrigation pond and in part along the easterly end of a 100 feet wide access easement, South 20° 44’ 05” West – 285.18 feet to the point of beginning; thence from the said point of beginning running with the southerly edge of said access road in an easterly direction along a 125.00 feet radius curve to the left, said curve having a chord bearing of South 55° 29’ 58” East and a chord length of 51.48 feet, an arc length of 51.85 feet to a point in the westerly line of a proposed 20 feet wide grass vegetation buffer; thence running with the westerly line of said buffer the following three (3) courses: (1) South 20° 44’ 05” West – 346.07 feet to a point of curvature; thence (2) in a southeasterly direction along a 61.00 feet radius curve to the left, said curve having a chord bearing of South 24° 15’ 55” East and a chord length of 86.27 feet, an arc length of 95.82 feet to a point of tangency; thence (3) South 69° 15’ 55” East – 429.33 feet to a point near an existing tree line; thence running more or less with said tree line South 64° 59’ 58” West – 132.84 feet to a point; thence with the same South 49° 14’ 34” West – 156.05 feet to a point at a newly created line separating these lands from the residue lands of Philip P. and Sandra L. Cartanza; thence running with the line for residue lands of said Cartanza North 44° 21’ 27” West – 411.39 feet to a point; thence with the same North 20° 44’ 05” East – 478.32 feet to a point, the Place of Beginning.
Containing within the above described metes and bounds 92,308 sq. ft. (2.119 acres) of land, be the same more or less.
Irrigation Pond
ALL that certain lot, piece or parcel of land situate in Little Creek Hundred, Kent County, State of Delaware, lying between the northerly side of the City of Dover electric substation perimeter fence and the northerly property line of the City of Dover electric substation, and being more particularly bounded and described in accordance with a plan entitled “Conditional Use Site Plan for Proposed City of Dover Electric Substation” as prepared by Scott Engineering, Inc., consulting engineers and surveyors, Drawing No. 2281-02-1, dated July 16, 2002, comprising of two (2) sheets, as follows to wit:
BEGINNING for the same at a point in the southwesterly line for lands now or formerly of Loblolly, LLC in the northwesterly third of an irrigation pond, said point being located the following five (5) courses from the point of commencement, said point of commencement being located at a point of curvature in the southerly right-of-way line of County Road #87 (50 feet wide) in the center of a ditch, said point of commencement also being the northeasterly most corner for residue lands of Philip P. and Sandra L. Cartanza and the northwesterly most corner for lands now or formerly of Loblolly, LLC: running from the point of commencement with the line for lands of said Loblolly, LLC (1) with the center of a ditch South 15° 05’ 53” East – 47.60 feet to a point; thence (2) leaving said ditch and running South 15° 04’ 32” East – 433.93 feet to a point; thence (3) South 22° 35’ 52” East – 101.43 feet to a point; thence (4) South 39° 08’ 04” East – 64.30 feet to a point in the center of a ditch at the northwesterly end of the aforesaid irrigation pond; thence (5) running through said irrigation pond South 51° 08’ 05” East – 142.45 feet to the point of beginning; thence from the said point of beginning, continuing through the said pond and with lands of said Loblolly, LLC, South 51° 08’ 05” East – 379.10 feet to a point at the southeasterly end of said pond at the beginning of a ditch; thence running with the bank of said pond the following three (3) courses: (1)South 29° 26’ 54” West – 111.18 feet to a point; thence (2) South 71° 44’ 44” West – 29.73 feet to a point; thence (3) in a northwesterly direction along a 637.78 feet radius curve to the right, said curve having a chord bearing of North 50° 11’ 49” West and a chord length of 333.48 feet, an arc length of 337.40 feet to a point; thence leaving said pond bank and running through said pond North 20° 44’ 05” East – 135.93 feet to a point, the Place of Beginning.
Containing within the above described metes and bounds 52,640 sq. ft. (1.208 acres) of land, be the same more or less.
Evaluation of Bids - Engineer, Procure and Construct (EPC) Agreement
The Electric Department is requesting authorization to select an EPC contractor to build the 230KV electrical tie station that will serve as the City’s future tie point with Conectiv. The City of Dover currently purchases power from the Conectiv system at 138,000 volts through the College Road tie station. Electrical consumption within the City’s service area has increased to the point where the equipment in that station is not large enough to handle the electrical load during peak periods. Additionally, the 138,000 volt transmission system which supplies power to that station has reached capacity. The construction of a 230KV tie station will allow the City to purchase power through the more reliable 230,000 volt system. This would accommodate the City’s load growth for a period of 20-30 years.
A Request for Proposals for the Engineering, Procurement and Construction of the station was sent out to prospective bidders and eighteen (18) responses were received. Quoted prices ranged from $6.05 to $9.96M. A short-list of four (4) bidders was chosen as follows:
Company Name Bid
Black & Veatch, Inc.$ 6,048,610
Dominion Technical Solutions, Inc.$ 6,500,800
Power Resources, Inc $ 7,040,000
Beta Engineering, Inc. $ 7,145,560
The above-mentioned bidders were interviewed and their bids were scrutinized by a group consisting of the City’s Electrical Engineer, Mr. John F. Mayan, P.E., two representatives from Conectiv Power Delivery, and Mr. Curt Wilson, a paid consultant to the City of Dover. As a result of the bid and interview process, staff recommended that Black & Veatch, Inc. be awarded the contract to build the 230KV tie station in the amount of $6,048,610.