REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 10, 2001 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Speed, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and Mr. Rodriguez.
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. David Anderson, 217 Cecil Street, expressed concern that action has not been taken regarding the repeal of the trash fee or the possibility of providing a credit to tax payers. He also indicated concern regarding City parks and the need for a recreation policy.
It was Mr. Anderson’s feeling that the City’s economic environment should be expanded to facilitate new businesses and to expand existing businesses.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance led by Girl Scout Troop #1090.
AGENDA ADDITIONS/DELETIONS
Mr. Ritter requested that item #11, Christmas Eve Holiday, be deleted from the agenda. Mr. Ruane requested the addition of a new item #11, City Solicitor’s Report. Mr. Carey requested the addition of item #12, Executive Session - Personnel Matters. Mr. Speed moved for approval of the agenda as amended, seconded by Mr. Ruane and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 26, 2001
The Minutes of the Regular Council Meeting of November 26, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Ruane and bore the written approval of Mayor Hutchison.
CERTIFICATE OF RECOGNITION - DOVER HIGH SCHOOL FOOTBALL TEAM
Mayor Hutchison presented a Certificate of Recognition to Coach Darwin Manges and each member of the Dover High Senators football team in honor of winning the Henlopen Conference Northern Division Championship and being the Division I State Runner-Up.
PRESENTATION BY KENT COUNTY - ANNUAL APPROPRIATION TO ROBBINS HOSE COMPANY
County Commissioner Mike Cebrick presented First Assistant Chief Jack Fortney with Kent County’s Annual Appropriation to Robbins Hose Company in the amount of $18,767.
PRESENTATION - KENT COUNTY SMARTMAP WEBSITE PROJECT (Kent County Department of Planning Services)
Mr. Reed MacMillan, Director of Planning Services for Kent County, demonstrated the Kent County Comprehensive Plan Website. He explained that the site provides parcel-based information on every parcel in the nine (9) hundredths of Kent County. The goal is to provide citizens with information on land use, zoning, comprehensive planning, infrastructure, environment, and the State’s strategy plan for spending.
Mr. MacMillan stated that Kent County is comprised of approximately 60,000 parcels of land. The website provides relevant land use information, such as the acreage and zoning, of each parcel. He stated that the website has proven to be very useful to Kent County by providing information to the public prior to land use public hearings.
Kent County has applied for a $10,000 grant to establish a municipal website. Mr. MacMillan is presenting the SmartMap project in Kent County with the hope of creating websites for each municipality. He indicated that it would cost $1,000 to have the consultant install City of Dover electronic zoning information on the municipal website. Mr. DePrima stated that the Planning Department has included in its budget the $1,000 necessary to install the data for the City of Dover.
County Commissioner Ronald Smith stated that Kent County has been utilizing the SmartMap for the past four (4) months and it has proven very useful in deciding rezoning issues. He noted that they have received positive feedback from citizens regarding the information on the website.
Mr. Ruane moved for endorsement of the concept of the SmartMap website project and to become partners with Kent County in that endeavor, seconded by Mr. Carey and unanimously carried.
TRANSPORTATION COMMITTEE REPORT
The Transportation Committee met on November 20, 2001 with Chairman Ruane presiding.
Citizens Meeting with City Council on Transportation Issues
Members discussed the possibility of holding a meeting for citizens to participate in discussing transportation issues, similar to the meeting held with DelDOT and City Council.
The committee recommended that Council hold an open forum type meeting which would allow citizens to address transportation issues and that the Public Advisory Committee of the Dover/Kent County Metropolitan Planning Organization be invited to co-sponsor this meeting.
Responding to Mr. Pitts, Mr. Ruane stated that the committee will be addressing current issues, as well as previously unresolved issues surrounding transportation.
Mr. Carey moved to accept the committee’s recommendation, seconded by Mr. Truitt and unanimously carried.
Proposed Route 1/Partial Interchange at Route 8
During general discussion, reference was made to the fact that the Mayor and City Council had endorsed “a central Dover Interchange” with certain conditions outlined in its October 26, 1998 Resolution. The conditions appeared to address the current issues regarding the potential impact of the proposed partial interchange at Route 8.
Councilman Ritter stated that the proposed interchange was not acceptable to the people in the Edgehill area, noting that they are concerned with the additional traffic that the proposed interchange will generate. It was also their feeling that the project will move forward without their concerns being addressed. He suggested that the committee take a position opposing the project.
Councilman Ruane reminded members that Secretary Hayward has assured the residents of Edgehill that they would have an important role in shaping how the project is actually implemented and invited them to participate in a “working group” to discuss the issues raised by citizens.
Councilman Ruane also pointed out that DelDOT representatives acknowledged the issues raised by the Edgehill Association meeting and suggested ways in which these issues could be addressed when they met with members of Council and City staff on September 28, 2001. He stated that there was an understanding that DelDOT’s proposals for alleviating traffic congestion, assuring pedestrian safety, protecting against development, etc. would be presented at a Public Workshop on November 29, 2001.
The committee recommended that City Council reaffirm the position taken in the October 26, 1998 Resolution.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Salters.
Mr. Ritter suggested that the interchange be located off of Leipsic Road since there are relatively few residential homes in that area. Noting that the State of Delaware has slated $9 million to buy developmental rights on East Division Street, he indicated that a Leipsic Road interchange would eliminate that expenditure of taxpayer dollars.
The motion to have City Council reaffirm the position taken in the October 26, 1998 Resolution was carried with eight (8) yes, one (1) no (Mr. Ritter).
Mr. Speed moved for acceptance of the Transportation Committee Report, seconded by Mr. Gorman and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 26, 2001 with Chairman Gorman presiding.
Election Board Report - Proposed Redistricting Plan for the City of Dover and Miscellaneous Recommendations
On behalf of the Board of Elections, Mr. Thomas Leary, Chairman, presented their recommendation for a Redistricting Plan for the City Council Districts. A map depicting a comparison chart of the 1990 and 2000 Census population figures for the City of Dover, as well as the current Council District Map and Proposed District Map (Dover Plan), were presented.
Mr. Leary stated that the most recent Decennial Census data was used when developing the proposed Redistricting Plan for the City of Dover. Members utilized certain criteria in considering the redistricting, as follows:
1) Develop districts that attain the ideal population number of 8,048;
2) Maintain the legal obligation of a 65% black district;
3) Attempt to keep neighborhoods together;
4) Utilize natural and man made, understandable boundaries in the development of new boundary lines.
As a result of consultations with the City Solicitor’s Office, members were advised of the following:
1) Redistricting must be accomplished prior to May 2002 (to be used in the April 2003 Municipal Election);
2) Federal Decennial Census figures must be used in the redistricting process;
3) The Four (4) Councilmanic Districts are mandated in the City Charter, not the City Code, which would require legislative action to change;
4) Actual district boundary changes will require a Code amendment; and
5) The City is obligated to abide by certain legal conditions as they relate to maintaining a 65% black district that is within the current legal precedence regarding one man, one vote.
Referring to the 2000 Census Report, Mr. Ritter questioned the reported population growth in the Third District when there has not been any major construction. He also questioned the reported 3,000 population relating to the Garrison Tract and Persimmon Tree Park areas. Responding, Mr. Leary reiterated that the City Charter specifies that the Federal Decennial Census is to be used in the redistricting process.
Mr. Ruane, noting serious discrepancies in the data that the Election Board was made to use, suggested that the City Planning Department review and compare the 1990 Census Report with the 2000 Census Report. Mr. Leary suggested the possibility that the 1990 Census was incorrect and that the 2000 Census may be more accurate.
Realizing that the City is no longer a segregated community, which caused difficulty in maintaining a 65% black district while maintaining the population within 10% of all other districts, the Election Board adopted a resolution recommending that the City Council and Mayor enter into negotiations with the interested parties to re-qualify and modify the terms of the consent decree.
Mr. Leary stated that it is not the recommendation of the Election Board to eliminate the minority district, only that consideration be given to amending the minority district requirements.
The committee recommended acceptance of the redistricting plan, as presented by the Election Board, contingent upon the following: 1) that the Planning Department verify the authenticity of the population numbers; 2) that a legal opinion be obtained regarding the possibility of an appeal process; and (3) request that the Mayor and City Manager meet with the NAACP to reevaluate the terms of the consent order.
Mr. Gorman stated that the Planning Department has taken the lead in working with the Census Bureau relative to having recourse regarding the numbers, which negated the necessity for a legal opinion. He also noted that the Mayor and City Manager will be meeting with the NAACP in early January to re-evaluate and discuss the terms of the consent order.
Mr. Gorman moved to refer the proposed redistricting plan to the Planning Department to verify the authenticity of the population numbers, that the Mayor and City Manager hold a meeting with the NAACP after the first of the year to reevaluate the terms of the consent order, and that the proposal be presented to the Legislative and Finance Committee for review and recommendation to City Council. The motion was seconded by Mr. Speed and unanimously carried.
Mr. Carey moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 26, 2001 with Chairman Ruane presiding.
Middle West Engineering Consultants Report
The City’s Electric Bond Resolutions require that the City retain an independent engineering consultant to inspect the City’s electric system and to review the electric budget and insurance program. The City’s current engineering consultant is Middle West Service Company. The Annual Report contains a summary of the operation results for fiscal year 2000 - 2001. It also includes the consultants’ conclusions and recommendations, as well as commentary on active and future projects planned for the electric system and plant operations. Mrs. Donna Mitchell, Finance Director/Treasurer, provided members with a summarized report.
The committee recommended that the City Manager be authorized to begin budgeting for a rate study for the next fiscal year and to begin preparing a RFQ (Request For Qualifications) for contracting a rate study consultant.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Gorman and carried by a unanimous roll call vote.
Mr. Truitt moved for acceptance of the Utility Committee Report, seconded by Mr. Speed and unanimously carried.
LUTHER VILLAGE - PROPOSED SENIOR HOUSING COMPLEX - PLANNED NEIGHBORHOOD SENIOR CITIZEN HOUSING CONDITIONAL USE REVIEW
The Planning Office has received an application for a proposed senior housing facility for Luther Village to establish eight (8), three-story, 535-unit senior citizen housing apartment buildings on a 30+/- acre portion of a larger 122-acre tract of land. The subject property is located northeast of and adjoining the Dover Crossing Shopping Center (Target and Safeway) and is zoned R-8 (One Family Residence), R-10 (One Family Residence), and RM-1 (Medium Density Residential). The project area is situated in the northwesterly corner of the vacant/agricultural tract that was previously approved for a residential subdivision known as Amberfield. The owner of record is John Hunn Brown. The equitable owner is Luther Towers of Dover, Incorporated.
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 and subdivision hearings before the Planning Commission. The “Senior Housing Option” was intended to encourage housing for senior citizens by allowing senior housing in nearly all zones through the “conditional use” process.
Mr. Petit de Mange presented the proposed project and provided details and sketches depicting the project and its features. The location appears to meet the minimum siting criteria as required by the Zoning Code with respect to proximity and access to public amenities and community services. Proximity and pedestrian access to local shopping, restaurants, a place of worship, and the State Library facility lend credibility to this site for the proposed purpose. In addition, Luther Towers of Dover, Inc. has an excellent reputation for providing much needed quality housing choices for senior citizens in Central Delaware. For these reasons, the Planning Office recommended that the conceptual plan for Luther Village senior housing facility be forwarded to the Planning Commission for further review and consideration through the Conditional Use process.
Mr. Petit de Mange noted that if Council chooses to forward the proposed project to the Planning Commission, the applicant has been advised of the requirement of preparing the Conditional Use Site Plan in accordance with the requirements set forth in Article 10, Section 1 of the Zoning Code.
Mr. Robert Bunnell, Executive Director of Luther Towers, stated that they currently have 209 senior citizens on a waiting list for housing. Of those, 147 have an income of less than $17,650 per year. He noted that the current waiting time for an apartment is between 18 months and two (2) years. In the last five (5) months they have received 28 applications from seniors for housing and only 8 apartments have been turned over. Mr. Bunnell stated that they hope to begin construction in 2003 or 2004 and their plan is to continue to grow as the senior population grows.
Mr. Keith Kooker, Landmark Engineering, Inc., presented the plan with the proposed right-of-way and interconnections to the existing roadway system. Responding to Mr. Ruane, Mr. Bunnell stated that 56% of the residents of Luther Towers own their own vehicles. The remainder, few of whom actually commute, use transportation provided by the Red Cross or Luther Towers. Mr. Kooker stated that the peak hourly traffic rate for Luther Village is two and a half to three times less than the proposed Amberfield subdivision. Mr. Ruane noted that Luther Village is depending on roadways being built for the Amberfield subdivision and, unless they are built, there will only be one entrance and exit for the site.
Mr. Ruane noted that the Comprehensive Plan recommends that this portion of the John Hunn Brown property be utilized for low and medium density residential development. The Luther Village project proposes 17.8 dwelling units per acre, which clearly exceeds the recommended development density of between five and eight dwelling units per acre. Mr. Ruane questioned why the developer did not consider utilizing the southeastern portion of the parcel which is designated for high density residential use.
Responding, Reverend Arthur Kringel, Chairman of the Board of Directors of the Luther Foundation of Dover, Inc., stated that the southeast corner does not have access and they would be required to construct a 750' road from South Little Creek Road into the site.
In response to Mr. Ruane’s concerns regarding the residents adjacent to the property, Reverend Kringel stated that they met twice with the Edgehill Civic Association and have received favorable responses to the proposal. Mr. Petit de Mange indicated that the adjacent neighbors were primarily concerned with the quality of development on the site and Luther Towers is known for providing high quality buildings and a good service to the community.
Mr. Gorman questioned if a proposal for a higher-density structure adjacent to this project would require rezoning. Mr. Petit de Mange stated that it would be subject to the rezoning process, including a public hearing and final approval by City Council. Mr. DePrima noted that a portion of the remaining John Hunn Brown property is currently zoned RM-1, which allows townhouses and prohibits apartments. A large portion of the remaining parcel is zoned RM-2, which would allow apartments.
Mr. Petit de Mange reminded members that only the appropriateness of the location should be considered at this time. If Council chooses to forward the proposal to the Planning Commission, a more detailed Conditional Use Site Plan review and public hearing will be held.
Mr. Salters moved to refer Luther Village, Proposed Senior Housing Facility - Planned Neighborhood Senior Citizen Housing Conditional Use Review, to the Planning Commission as recommended by staff. The motion was seconded by Mr. Carey and carried with eight (8) yes, one (1) no (Mr. Ruane).
APPOINTMENTS - COUNCIL EMPLOYEES
Building Inspector
Mr. Carey moved to appoint Mr. Michael J. Petit de Mange to serve as Building Inspector, seconded by Mr. Salters and unanimously carried.
City Assessor
Mr. Carey moved to appoint Mr. Jerome Cooper to serve as City Assessor, seconded by Mr. Salters and unanimously carried.
Assistant Assessor
Mr. Carey moved to appoint Ms. Cheryl Russell to serve as Assistant City Assessor, seconded by Mr. Gorman and unanimously carried.
EMERGENCY OPERATIONS TABLETOP DRILL
Mayor Hutchison stated on November 28, 2001, the City conducted an emergency operation drill involving every department manager in the City. He noted that the all-day session consisted of a half day of training and an actual tabletop drill for the second half of the day.
Mayor Hutchison reported that the drill went very well and a formal review by the City Manager, department managers, and himself would be conducted on December 19, 2001. He indicated that a yearly drill would be recommended, possibly involving state and federal agencies.
Mr. DePrima thanked the Delaware State Fire School for organizing and conducting the tabletop drill. He also thanked Mr. Dave Truax and Mr. Henry Baynum of the City Fire Marshal’s Office and Mr. Don Knox, Director of Emergency Preparedness, for planning the event. Mr. DePrima also thanked the department heads for their participation.
Councilmen Carey and Ruane both stated that City Staff worked together very well as a team and the drill was timely and necessary.
CITY SOLICITOR’S REPORT
During the Regular Council Meeting of November 26, 2001, Mr. Ruane brought to Council’s attention the sale of Mayfair Apartments to C-K Mayfair, LLC in the amount of $3,219,000. He noted that this transaction is part of a large package of transactions taking place across the country involving The Capital Trust Agency, a Florida trust agency that is permitted to issue tax-exempt, or multi-family, revenue bonds, to acquire various properties for conversion to affordability required apartments. Mr. Ruane stated that Capital Trust is required by Florida law to obtain a sign-off from local governments in whose jurisdiction the properties are located and that there must be an intergovernmental agreement authorizing Capital Trust to issue the bonds.
Mr. Ruane, noting that Kent County entered into the inter-governmental agreement for the sale of the property, requested that the City Solicitor clarify whether Kent County Levy Court had authorization, considering that one (1) of the apartment complexes is located within the City corporate limits. Mr. Ruane suggested that, if legal counsel advises that there is an opportunity to negotiate an inter-governmental agreement required by Florida Statute, the City should become involved in order to obtain a better understanding of who will operate the facility and how it will be operated, and to encourage them to engage in local property management.
Mr. Nicholas Rodriguez, City Solicitor, stated that a Florida Corporation is floating $140M in tax-exempt revenue bonds to purchase multi-family dwelling units throughout the United States. He indicated that both Federal and Florida law requires the local jurisdiction, whether it be the County or City, to enter into an inter-governmental agreement for the bonding. It was Mr. Rodriguez’ opinion that the County simply forgot that the Mayfair Apartments were in the jurisdiction of the City of Dover. He requested the authority to further inquire into the reason why the City was not approached to participate in the inter-governmental agreement.
Mr. Ruane moved to authorize Mr. Rodriguez to notify all of the principals in the situation as to the findings and to continue to pursue and instruct them as to the necessary requirements that need to be met should they desire to continue with the purchase of the Mayfair Apartments. The motion was seconded by Mr. Salters and carried with eight (8) yes, one (1) abstention (Mr. Ritter).
Mr. Speed moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:10 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 10, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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