REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 24, 2003 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, 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, Deputy City Solicitor Pepper, 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 Carey 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

Mrs. Williams requested the addition of item #10, National Accreditation - Police Department.

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

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 10, 2003

The Minutes of the Regular Council Meeting of March 10, 2003 were unanimously approved by motion of Mrs. Williams, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.

RESOLUTION - SPRING CLEANUP

The City Clerk read the following Resolution into the record:

WHEREAS, we are fortunate to live in a City so abundantly blessed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and

WHEREAS, the Annual Old Dover Days celebration, a period set aside to honor the heritage of the City, will be celebrated on May 2 - 4, 2003; and

WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.    That the week of April 21 - 25, 2003 is designated as SPRING CLEANUP WEEK in the City of Dover.

2.    That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.

3.    All Spring Cleanup debris should be placed for pickup along with regular household garbage during the week of April 21 - 25, 2003 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.

ADOPTED:    March 24, 2003

Mr. McGlumphy moved for adoption of the Spring Cleanup Resolution, seconded by Mr. Speed and unanimously carried.

PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 217 MCKEE ROAD AND 223 MCKEE ROAD - OWNED BY KEVIN A. GEORGE

Public hearings were duly advertised for this time and place to consider violations of the Dangerous Building Ordinance at 217 McKee Road and 223 McKee Road, owned by Kevin A. George. Mr. Ronald Coburn, City Inspector, advised members that both properties were declared dangerous on January 7, 2003. The properties have been vacant and unattended for more than three (3) months. The weather and lack of maintenance are accelerating the deterioration of the buildings and there is extensive exterior and interior damage requiring repair. Mr. Coburn showed slides depicting the condition of the structures: 217 McKee Road is a single story frame, single family house, with an estimated demolition cost of $3,000; and 223 McKee Road is a two story frame, with three units, with an estimated demolition cost of $10,000.

Staff recommended that City Council take the following action for properties located at 217 and 223 McKee Road: 1) declare the property dangerous; 2) order the property repaired or demolished by April 7, 2003 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equitable owner within ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.

Council President Carey declared the public hearing open.

Mr. Theophilous Morgan, 109 Gordon Place, addressed members representing the National Association of Black Professionals. He advised members that he has been in contact with City staff regarding the property located at 223 McKee Road. Feeling that the structure may be sound, he requested 17 days to allow for attempts to acquire the property. He assured members that if acquired, the organization will pledge to bring the property up to code. In accordance with data obtained from the Urban Housing Authority, there are many families that may have an interest in the property. Mr. Morgan indicated that it is not his intention to impede due process.

Mr. Jorgenson indicated no objections to three (3) additional days, thereby requiring the property to be repaired or demolished by April 10, 2003.

Mr. Pitts advised members that he is familiar with the property and its owner. He did not feel confident that an extension would prove beneficial and that it would simply delay the process. It was his opinion that the properties would be more desirable without the structures.

Responding to Mr. Ruane, Mr. Morgan explained that the National Association of Black Professionals is a new organization which is instituting a pilot program within the community. A goal is to have African-American youths become more involved in the community in order to help them to be more productive.

Council President Carey declared the public hearing closed.

At the request of Council President Carey, Mr. Jorgenson stated that although it has not been specifically requested, he would not be adverse to changing the date for both properties to allow an extension until April 10, 2003.

Mr. McGlumphy moved that the properties located at 217 and 223 McKee Road be declared dangerous buildings to be subject to demolition, as recommended by staff, amending the date for ordering the repair or demolition from April 7, 2003 to April 10, 2003, as indicated in item #2. The motion was seconded by Mr. Salters and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Pitts).

UTILITY COMMITTEE REPORT

The Utility Committee met on March 10, 2003 with Chairman Ruane presiding.

Revenue Requirement Options - Electric Rate Study

In conjunction with the revenue requirement determination phase of the Electric Rate Study, Burns & McDonnell provided a financial plan based on the City’s historical trends. During the Special Utility Committee Meeting of February 6, 2003, a preferred case for the consultant to follow for the remainder of the project was determined. After further analysis of the Preferred Case, staff found certain Operating Expenses to be understated and interest earnings to be overstated.

The Preferred Case has since been updated to reflect the FY03 Operating Budget, with a reduction of approximately $550,000 in Transmission & Distribution (T&D) and Engineering expenses as presented in the Mid-Year Review. The Plant & Equipment additions have been revised to reflect the FY04 Draft CIP, as presented to Council a few weeks ago. The net result is still a recommendation to use reserves to finance projects, with the goal of replenishing the reserves based on the availability of funds. Members reviewed the changes to the Comparative Cases, as follows:

Cash from Operations decreased $9,995,016, which lengthened the timing for the replenishment of the reserves. The final results are as follows:

1.   We exceed our required debt coverage ratio of 1.25%, see page 1, line 12.

2.   We maintain a positive cash flow and our operating reserve requirement of 5%.

3.   We maintain a reserve as a percentage of Operating Revenues of no less than 38% and by Year 5 (2007) we are at 45%.

4.   We will still be using reserves to finance projects as in the February 6, 2003 presentation, and not issuing additional debt.

The committee recommended approval of the preferred case that includes the concept of using reserves to finance capital projects with the goal of replenishing the reserves based on the availability of funds, as recommended by staff.

Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.

Evaluation of Bid - Dover High School Drainage Ditch Storm Drain Junction Box

The Department of Public Works solicited bids for the construction of a 60-foot length by 20-foot width by 10-foot height concrete junction box to direct storm water flows through the Dover High School drainage ditch. Staff secured the services of a structural engineer to assist with the preparation of specifications for the junction box and foundation slab. In addition, a Nationwide 39 Permit was secured to allow construction of the ditch improvements to move forward under the process approved by the U.S. Army Corps of Engineers. Once the channel box and miscellaneous entrance pipes to the box are constructed, the construction crew will complete the installation of the storm water pipes, along with the approved conservation environmental mitigation area identified in the approved permits.

The total funding for the project, $260,139, has been secured. The State of Delaware Division of Soil and Water Conservation has provided $155,139 as agreed to per Senate Bill No. 250 of the 141^st General Assembly and House Bill No. 384 for Pat Lynn Drive/Dover High School Drain Pipe Installation. In addition, the City of Dover has secured $105,000 in Community Transportation Funds for the referenced project. To date, the Department of Public Works has spent $70,863.72 for the preparation of permits, engineering services, and purchase of pipe and related material for the project.

The committee recommended approval of the low bid submitted by Mumford & Miller, Inc. in the amount of $105,750 for the construction of the Dover High School Drainage Ditch Storm Drain Junction Box, as recommended by staff.

Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.

Mr. Speed moved for acceptance of the Utility Committee Report, seconded by Mr. McGlumphy and unanimously carried.

TRANSPORTATION COMMITTEE REPORT

The Transportation Committee met on March 18, 2003 with Chairman Ruane presiding.

Signalization (DelTrac)

The Transportation Committee met on February 25, 2003 to review the preliminary estimate to upgrade the City’s 18 existing signalized intersections and incorporating them into the DelTrac System. It was noted that staff intends to have the MPO reaffirm its support and request that the improvements be included in the State’s Capital Transportation Program. It was also noted that the Comprehensive Plan suggested that one of the City’s goals should be to upgrade the 18 intersections.

The committee recommended that the City consider this signalization improvement project as one of its priorities in terms of moving it forward to the State of Delaware and the MPO for funding, support, and implementation.

Mr. Ruane moved that the City go on record in support of a joint effort between the City and DelDOT to consider the signalization improvement project as one of its priorities by: 1) accepting the cost estimates; and 2) authorizing the City Manager with due diligence of moving this project through the process and forward to the State of Delaware and the MPO for funding, support, and implementation. The motion was seconded by Mr. Speed.

Relaying concern, Mayor Hutchison requested that members give consideration for the Eden Hill Farms Project as a priority. He reminded members that Secretary Hayward had requested that the City provide a prioritized list. He explained that there is an urgency for the Eden Hill Farms Project to be a priority since it is currently for sale. Secretary Hayward supports the Eden Hill Farms Project as a priority and although he supports the signalization project, it was the Mayor’s opinion that the Eden Hill Farms Project has a priority.

Mr. Ruane clarified that the requested action would not prioritize projects, but that it allows the City to go on record listing the signalization project as a priority transportation improvement and authorize staff to move forward. He advised members that the Transportation Committee is scheduled to review the prioritization of City Transportation Projects at their next meeting and that a recommendation will be formulated for review by Council.

Mr. DePrima advised members that currently these signals are operated by the City and that the City is responsible for their maintenance. Once this project has been completed, these signals will be included in the DelTrac system and handled by DelDOT. It was his feeling that both the Eden Hill Farms and the Signalization Projects are equally important. The Signalization Project is considered a short-term, scoped project and that Eden Hill Farms Project is absolutely the City’s number one project in terms of long-term planning; however, it is currently in its very early stage of acquisition, design, and scoping. Considering this, Mr. DePrima felt confident that both projects can be considered.

Responding to Mrs. Williams, Mr. DePrima stated that both projects are State projects that the City should be advocating. The level of funding for both projects is not unusual for the City to consider concurrently and that the amount of revenue for both projects is not unusual for DelDOT to be investing. He did not feel that the City would be precluding one project by relaying support of the other.

Mr. Ruane moved to call for the question, seconded by Mr. Speed and unanimously carried.

The motion calling for the City to go on record in support of a joint effort between the City and DelDOT to consider the signalization improvement project as one of its priorities by: 1) accepting the cost estimates; and 2) authorizing the City Manager with due diligence of moving this project through the process and forward to the State of Delaware and the MPO for funding, support, and implementation was carried by a roll call vote of seven (7) yes and two (2) no (Mrs. Williams and Council President Carey).

House Bill 56 - Establishment of an Environment Priority Account within the Transportation Trust Fund

During the Transportation Committee Meeting of February 25, 2003, members were advised of House Bill 56 which proposes to establish an Environmental Priority Account within the Transportation Trust Fund. Pursuant to this Act, beginning July 1, 2004, 10% of all monies in the Transportation Trust Fund which are made available to the Department’s annual Capital Transportation Program shall be transferred into this account and shall thereafter be used through the Program to acquire and preserve open spaces and farmlands in the State, to acquire other real property in order to establish or extend preserved open spaces or farmlands in Delaware, and to secure bonds to be used to achieve these ends. This Act provides that funds expended and bonds secured by the Environmental Priority Account be used or issued pursuant to the recommendations of the Delaware Open Space Council and the Delaware Agricultural Lands Preservation Foundation.

The committee recommended disapproval of House Bill 56.

Mr. Pitts relayed reluctance in supporting the motion due to the lack of information from sponsors of the legislation.

Mr. Ruane moved that City Council go on record and advise the General Assembly of the City’s opposition to House Bill 56, as recommended by the committee. The motion was seconded by Mr. Ritter and carried by a roll call vote of five (5) yes, three (3) no (Mr. Pitts, Mrs. Williams, and Council President Carey) and one (1) absent (Mr. Salters).

In conjunction with the SR1/SR8 Partial Interchange Project, DelDOT has recognized the need for implementing traffic mitigation measures along Division Street (SR8), as well as within the Edgehill neighborhood. It has been DelDOT’s position that no action should be taken regarding these issues until after the interchange project was complete.

It was Mr. Ruane’s feeling that, since DelDOT is preparing to compare traffic counts taken prior to the opening of the interchange with counts currently being taken, DelDOT should consider the impact of the three (3) housing developments being proposed in the immediate vicinity of the interchange.

During the committee meeting, Mr. Laing indicated that the promise made to the community was that traffic counts would be taken in March 2002 for comparison with counts to be taken in March 2003 to determine the impact of the opening of the partial interchange on the existing homes, with the existing traffic, in the Edgehill Community and on the side-streets between White Oak Road and Division Street. He noted that the next phase will be to consider the impact of the proposed developments if they are built. To include them now would be an exercise in “guess work”. It was Mr. Ornauer’s feeling that a determination could easily be made through “modeling”. Mr. Ruane recalled that the residents of Acorn Lane were equally concerned with the opening of the partial interchange and they should be given the same consideration.

Responding to Mr. Laing, Mr. Koenig stated that construction of two (2) of the proposed subdivisions for which concept plans have been submitted could occur as early as Spring 2004. He noted that the traffic projections that were done by Century Engineering prior to the interchange opening identified 5-year increments and they are currently collecting “post opening” data in order to project over the planning horizon. It was Mr. Koenig’s feeling that the opening of the SR1/SR8 Partial Interchange was the catalyst for development of those parcels, therefore, they should be included in the mitigation plan. He noted that DelDOT was silent on the issue of requiring the developers to perform traffic impact studies for the first two (2) applications. Mr. Laing noted that Transportation Secretary Nathan Hayward, during the Special Council Meeting of February 24, 2003, indicated that DelDOT could require the impact study by looking at the three (3) developments as a group. Mr. Ruane noted that, to date, that has not occurred.

Mr. Koenig, noting that he was a part of the working group for the SR8 Mitigation Study, stated that by the time the working group reconvenes, there will be land development applications that will change the actual number of developable units on the properties surrounding the partial interchange. When they did the pre-opening projections over the planning horizon, some type of potential development should have been included if the modeling was done correctly. For example, those hundred acres, under Dover’s Zoning Ordinance, could possibly yield 400 units. Mr. Koenig stated that the mitigation study was intended to determine alterations to the road network that would be required over a planning horizon, not just a snapshot of the impact of the opening of the SR1/SR8 Partial Interchange. It was his feeling that, if the mitigation study was limited to one year, the study is fatally flawed.

The committee recommend that City Council advise the Department of Transportation to include the subdivisions proposed in the vicinity of the interchange between SR1 and SR8 in its traffic mitigation study concerned with SR8. Maps depicting traffic counts were provided as attachments to the committee minutes for reference.

Mr. Jorgenson stated that the Planning Department concurs with the concerns of the Transportation Committee, explaining that the impact of the potential subdivisions will be significant. In accordance with Article 5, Section 8 of the Zoning Code, the Planning Director has the ability to direct, through the performance measures section of this code, that an analysis of this type be conducted by the project proponents. Mr. Jorgenson advised members that staff is scheduled to meet with the engineers of these respective subdivisions later in the week to strongly encourage that they work in tandem with DelDOT in order to properly gage this impact and properly mitigate the impact to whatever extent possible.

Mr. Ruane moved that City Council correspond to the Department of Transportation requesting that the subdivisions proposed in the vicinity of the interchange between SR1 and SR8 be included in the traffic mitigation study concerned with SR8. The motion was seconded by Mr. Ritter and unanimously carried.

Mr. Speed moved for acceptance of the Transportation Committee Report, seconded by Mr. McGlumphy and unanimously carried.

MONTHLY REPORTS - FEBRUARY 2003

By motion of Mr. McGlumphy, seconded by Mr. Speed, the monthly reports for February 2003 were unanimously accepted by consent agenda, as follows:

            Budget Report

            Capital Projects and Vehicle/Equipment Purchases

            Chief of Police Report

            City Assessor Repot

            City Clerk/Alderman Report (Fines)

            City Manager’s Report

            Mayor’s Report

            Planning and Inspections Report

            Robbins Hose Company No. 1 Report

ANNUAL REPORT - PLANNING AND INSPECTIONS DEPARTMENT

Members were provided with the 2002 Annual Report of the City of Dover Planning and Inspections Department for their review. Mr. Jorgenson, Director of Planning and Inspections, introduced those staff members present who are responsible for the daily work of his department and gave a Power Point Presentation. He advised members that there are four (4) specific divisions: Community Development, Fire Marshal’s Office, Building Inspections and Code Enforcement, and Planning that work cohesively and explained the functions of each.

Mr. Jorgenson explained the various Boards and Committees that the department staffs and supports, and summarized the applications reviewed by the Board of Adjustment, Historic District Commission, and the Planning Commission. He noted that the department provides support to the DDDC, and the Parking Authority. Members were also provided information regarding the revenue generated by the department as well as the permits and licenses issued.

Several members commended Mr. Jorgenson on the preparation of an outstanding report and relayed their appreciation for the work provided by the Planning and Inspections Department.

Mr. McGlumphy moved for acceptance of the 2002 Annual Report of the City of Dover Planning and Inspections Department, seconded by Mrs. Williams and unanimously carried.

FOUNTAIN VIEW SENIOR APARTMENTS PLANNED NEIGHBORHOOD DESIGN SENIOR HOUSING OPTION

The Planning Office has received a proposal to establish a senior citizen apartment housing complex (Fountain View Senior Apartments) on a portion of a 9.4246^+/- acres of land located on the north side of Route 8, adjacent to the Modern Maturity Center complex. The owner of record is Elks Lodge #1903 and the equitable owner is Mr. L.D. Shank, III. The property is zoned I-O (Institutional and Office) and subject to the zoning overlay COZ-1 (Corridor Overlay Zone -1). The proposal includes the construction of a 240 unit senior citizen apartment housing complex to consists of three (3) four-story apartment buildings. Access to the site would be provided from Route 8 with a cross-access connection linking the property to the Modern Maturity Center complex. The proposal also includes a medical office building and bank. Mr. Jorgenson reviewed the Conceptual Site Plan provided to members and reviewed the features of the proposal for the Fountain View Senior Apartments.

Members were reminded that, in accordance with Article 3, Section 24.1.b of the Zoning Code, City Council must determine whether the proposed project is of such a design and type that it warrants further review by the Planning Commission. If it is determined that further review is warranted, then the project shall proceed to the more detailed Conditional Use Site Plan review and public hearings before the Planning Commission. The “Senior Housing Option” is intended to encourage the development of high quality housing opportunities designed to accommodate the particular needs of senior citizens by allowing senior housing in nearly all zones through the Conditional Use process.

Mr. Jorgenson noted that the Comprehensive Plan recommends that this property be utilized for Institutional development. The Plan also provides specific information regarding the general location of the proposed project (page 7-14), as follows: “The Plan recommends institutional uses north of DE Route 8 and west of Salisbury Road on vacant lands adjacent to, and including, the Dover Elks Club and Modern Maturity Center properties. The vacant land north of the Modern Maturity Center and the Elks Lodge is seen as an ideal location for senior housing or similar use in conjunction with the senior center use”.

Mr. Jorgenson explained that in reviewing this request, City Council should consider both the land use recommendations and the stated Land Use Goals of the Comprehensive Plan in determining the appropriateness of Fountain View Senior Apartments at the proposed location. He suggested particular attention be given to the growing need for high quality senior citizen housing opportunities, as articulated in the Comprehensive Plan in conjunction with the intentionally permissive/performance based nature of the Senior Citizen Housing Option.

For these reasons, the Planning Office recommended that the Conceptual Plan for the Fountain View Senior Apartments be forwarded to the Planning Commission for further review and consideration through the Conditional Use process. Mr. Jorgenson reminded members that if Council chooses to forward the proposal to the Planning Commission for further review, it is not intended to represent, nor shall it be construed to mean that the project is approved. The approval authority over Conditional Use applications rests with the Planning Commission.

Mrs. Williams moved to refer the Fountain View Senior Apartments - Planned Neighborhood Design (Senior Housing Option) Conceptual Plan to the Planning Commission as recommended by staff, seconded by Mr. Pitts and unanimously carried.

RE-APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC) - THREE (3) YEAR TERMS TO EXPIRE APRIL 23, 2006 (RECOMMENDED BY MAYOR HUTCHISON)

Mayor Hutchison recommended the re-appointments to the Downtown Dover Development Corporation for three (3) year terms to expire April 23, 2006 , as follows: 1) Gary Patterson (Private Citizen Representative); 2) Robert Berglund (Business Representative); and 3) Lyle DeMarie (Dover Parking Authority Representative).

Mr. Truitt moved for approval of the re-appointments as recommended by Mayor Hutchison. The motion was seconded by Mrs. Williams and unanimously carried.

NATIONAL ACCREDITATION - POLICE DEPARTMENT

Chief Horvath reminded members that the Dover Police Department received National Accreditation three (3) years ago by the Commission on Accreditation for Law Enforcement Agencies (C.A.L.E.A.). He noted that the accreditation was due to expire this month. In December 2002, there was an on-site assessment team that inspected the department in order to ensure compliance with the standards set forth by the commission.

Chief Horvath advised members that, last week, he appeared before the Board of Commissioners on Accreditation for Law Enforcement Agencies. The Board also reviewed the report submitted by the C.A.L.E.A. on-site inspection team. The Board unanimously granted the re-accreditation request and, as of March 22, 2003, the Dover Police Department was officially re-accredited. Chief Horvath commended the employees of his department for their hard work and dedication.

Mr.