REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 22, 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, Mr. Salters, 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 8, 2001
The Minutes of the Regular Council Meeting of October 8, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Gorman and bore the written approval of Mayor Hutchison.
PROCLAMATION - MAKE A DIFFERENCE DAY
The City Clerk read the following proclamation into the record:
WHEREAS, serious social problems concern our nation and threaten its future; and
WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and
WHEREAS, we, the American people, have a tradition of philanthropy and volunteerism; and
WHEREAS, millions of self-sacrificing individuals have touched and enhanced the lives of millions on the tenth annual day of doing good by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn, and inspiring those who had lost hope; and
WHEREAS, USA WEEKEND magazine and its affiliate newspapers and The Points of Light Foundation and its affiliate volunteer center have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and
WHEREAS, volunteer service is an investment in the future we all must share.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim October 27, 2001 as MAKE A DIFFERENCE DAY in the City of Dover, and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives and with religious, school and civic groups to engage in projects benefitting their community.
HUMAN RELATIONS COMMITTEE UPDATE
Ms. Juana Fuentes-Bowles, Director of the Delaware State Division of Human Relations advised members that a group of community members have worked diligently to begin dialogue, and develop objectives and strategies to restore and rebuild the community. As an enforcement agency of the State Human Relations Commission, she stated that there are many tasks one of which is to promote amicable relationships among all racial ethnical groups in the State of Delaware. During the past six (6) months, the State Human Relations Commission felt that due to the climate in the Dover community, it was important to take necessary steps to develop strategies to avoid potential escalating tension within the community.
Ms. Fuentes-Bowles relayed appreciation for those members of Council and staff that have been participating in the meetings that have occurred for the past several months. As a result, she stated that the group has identified seven (7) priority issues that need to be addressed, as follows: 1) concerns of citizens; 2) how citizens are viewed by local officials; 3) how citizens view the Dover Police Department; 4) isolation; 5) Dover Police Department recruitment, promotions, retention, new hires, minority group members, etc.; 6) role of the Capital School District; and 7) the media.
Referring to the first issue being citizens’ concerns, Ms. Fuentes-Bowles explained that citizens feared that if they made a complaint, there would be adverse actions towards them, and that many were not aware of how to make a complaint to the City or the Police Department. A Task Force was developed in formulating a process to address these issues. On behalf of the Task Force, she presented a new Citizen Complaint Form and Citizen Complaint Process Brochure to Chief Horvath developed to be used by the City of Dover Police Department. It is hoped that the Chief, as well as Mayor and Council will welcome and implement the form and brochure as a part of City policy.
On behalf of the Dover Police Department, Chief Horvath commended all those that worked on this project and relayed assurance that the new form and brochure will be utilized, stating his feeling that it will enhance the department’s public service.
Ms. Fuentes-Bowles advised members that the next Human Relations Commission’s meeting is scheduled to be held on November 20, 2001 at 6:30 p.m. at the State DelDOT facility. The topic for discussion is to consider the establishment of a local Human Relations Commission.
Council President McGlumphy thanked Ms. Fuentes-Bowles and the members of the Human Relations Commission and other community participants for beginning the building of harmony in the City and for taking positive action in this regard.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 8, 2001 with Chairman Gorman presiding.
Request to Purchase 6-Wheel Dump Truck (State Contract)
The Department of Public Works currently owns and maintains one (1) medium duty 6-wheel dump truck (Vehicle #424) as part of the equipment fleet for the Construction Division for various purposes, including utility construction, material transport and delivery, and snow removal. The truck scheduled for replacement is a 1985 GMC dump truck. Staff met with a representative of Bayshore Ford Truck Sales, Inc., the vendor for the State of Delaware Department of Transportation, and developed a total price using the statewide contract (Contract #21-800-01A). Bayshore Ford Truck Sales, Inc. has submitted the following quotation:
2002 Sterling L7500 Truck Chassis: $49,189.00
- Solid Steel Dump Body with a Hoist:$22,270.00
- Snow Plow Package: $ 7,321.00
Total Price: $78,780.00
Staff recommended that a purchase order be issued to Bayshore Ford Truck Sales, Inc., in the amount of $78,780 for the purchase of a 2002 Sterling L7500 truck chassis, solid steel dump body with a hoist and a snow plow package, to be financed using the City’s Master Lease Agreement. It was noted that the lease would be for four (4) years.
The committee recommended approval of staff’s recommendation.
Mr. Gorman moved for approval of the purchase as recommended by the committee, seconded by Mr. Salters and carried by a unanimous roll call vote.
Compensation to Committee Members
As a result of being approached by an appointed member of the Board of Adjustments, Mr. Gorman requested consideration of providing compensation for members who are appointed to serve on a City committee that currently do not receive compensation in accordance with the Dover Code. Members were provided a list of all committees, commissions, and boards that have been established and whose members are appointed by Council, as well as a copy of Section 2-70 of the Dover Code whereby compensation and expenses for the mayor, council, employees, and other elected or appointed officials is addressed.
In reviewing the listing of the various committees, it was noted that some committees act in an advisory capacity and others make final decisions. It was also noted that the Dover Code specifically indicates that the Ethics Commission and Awards Committee shall serve without compensation.
During the committee meeting, Mr. Ruane questioned what constitutes a “city council committee”. Staff advised members that the city council committees consisted of the four (4) standing committees that report directly to Council, as follows: 1) Legislative and Finance; 2) Parks and Recreation; 3) Safety Advisory; and 4) Utility. Mr. Ruane felt that there needed to be a common definition for the commissions and boards and the issue of fairness should be addressed. He also indicated that the additional compensation would create a substantial financial impact on the budget.
After much discussion, the committee moved to table the matter for further review. Mr. Ruane offered his assistance in developing a proposal for consideration.
Mr. Gorman moved to accept the committee’s recommendation to table the matter for further review by consent agenda. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Gorman 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 October 8, 2001 with Chairman Ruane presiding.
Evaluation of Bids - Material Handling Aerial Truck
Bids were solicited for the purchase of a material handling aerial truck to replace a 1989 International (Vehicle #766) with a Telelect T5051 aerial device and received as follows:
Baker Equipment - Richmond, VA $153,140 with trade
Altec Industries - Plains, PA $134,674 with trade
Lift All East - Bethlehem, PA $132,930 with trade
Bayshore Ford - New Castle, DE $132,387 with trade
The minimum bid specification for the lower boom lay over is 105 degrees; anything lower is unacceptable and any degree greater provides better performance. Although Altec was not the low bidder, their vehicle exceeded the bid specifications with a lower boom lay over at center of 115 degrees and a boom design that provides more reach all the way around the unit. Their boom also has a safety latch for the upper boom in the stowed position, while the others did not. Altec also uses a powder coat on the metal parts of the boom, which will last much longer than the other manufacturers’ painted products. Altec’s hydraulic bucket levers require no mandatory maintenance, while the other suppliers use rod and chains that require costly, five-year maintenance. Altec also has a mobile maintenance department that can provide on-site repair.
Staff recommended approval of the lease of the material handling aerial truck from Altec Industries, in the amount of $134,674, including trade.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Carey and carried by a unanimous roll call vote.
Purchased Power Adjustment
Members were advised of the intent of the purchased power adjustment, which is to adjust the rate charged to all electric customers based on the cost to purchase power. The adjustment was originally known as a “fuel adjustment”; however, in September 1996, Council changed the name to “purchased power adjustment” to reflect the purchase power agreement the City made with Duke during FY 1995/96. Under the purchase power agreement with Duke, the City’s cost of electricity is based on fixed costs with an annual increase.
In accordance with City Council’s approval of the FY 2001/02 budget, staff was authorized to move forward with the resetting of the purchased power adjustment credit from .0037 kWh to .0000 kWh, effective with billings on or after November 1, 2001. The resetting of the credit puts the projected electric revenue in balance with projected electric operations. This change forecasts a revenue increase of $1,723,492.68 for the remainder of FY 2001/02 and $2 million per year thereafter, based on current usage trends. The impact of this change would be a 3.99% increase in electric charges. With the effective increase, the City is still competitively priced compared to utility prices that are regularly monitored.
Staff recommended that the purchased power adjustment be set at $0.00 per kWh, effective with billings on or after November 1, 2001.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation to set the purchased power adjustment at $0.00 per kWh effective with billings on or after November 1, 2001. The motion was seconded by Mr. Truitt and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Ritter and Mr. Speed).
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
TRANSPORTATION COMMITTEE REPORT
The Transportation Committee met on October 16, 2001 with Chairman Ruane presiding.
Workshop Session with DelDOT/MPO and City Council
Members discussed priority issues and recommended that two (2) meetings be held regarding transportation issues with City Council and the Delaware Department of Transportation, with representative from the Dover/Kent County Metropolitan Planning Organization present. A second meeting will be held to include citizens and Council.
Mr. Ruane explained that the purpose of the meetings will be to receive status reports on current and future projects affecting the City and to allow Council the opportunity to discuss these and other transportation issues. The purpose of the second meeting will be to provide a forum for citizens to voice concerns and make recommendations about transportation needs in the City.
Mr. Ruane noted that the committee developed a list of issues to be topics at the meeting, which has been scheduled to be held on November 5, 2001 at 9:00 a.m.
Mr. Ruane moved for approval of the committee’s recommendation that a workshop session be held with DelDOT/MPO and City Council on November 5, 2001 at 9:00 a.m., seconded by Mr. Carey and unanimously carried.
Priority Agenda Items Identified
The committee recommended priority agenda items for future meetings, as follows:
►Proposed Route 1/Partial Interchange at Route 8
►Governors Avenue Project (Water Street to Webbs Lane)
►Dover Signal and Intersection Upgrade (including additional signal controlled turn lanes at specific intersections to include Route 13/113 and downtown)
►Status of City’s Bike/Pedestrian Plan and Revisions to the City’s Bike Ordinance
►Large Cargo Type Truck Parking for Extended Periods of Time Along Various Dover Roadways (e.g. Saulsbury Road and West Street near Court/Police Buildings)
Mr. Ruane moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Truitt and unanimously carried.
Mr. Ruane moved for acceptance of the Transportation Committee Report, seconded by Mr. Truitt and unanimously carried.
MONTHLY REPORTS - SEPTEMBER 2001
By motion of Mr. Ruane, seconded by Mr. Speed, the following monthly reports were unanimously accepted by consent agenda:
Chief of Police Report
Planning and Inspections Report
City Clerk/Alderman Report (Fines)
Mayor's Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Referring to the City Assessor’s Report, Mr. Ruane felt that the City has a serious issue with regards to delinquent tax payments. He advised members that for the 1998 tax year, there are four (4) outstanding accounts in the amount of $3,600; for the 1999 tax year, there are 50 outstanding accounts in the amount of $9,000; for the 2000 tax year, there are 331 outstanding accounts in the amount of $72,000; and in the current 2001 tax year, as of October 4th, there were 1,200 outstanding accounts in the amount of $395,236. Mr. Ruane indicated that the outstanding accounts are of reputable citizens and businesses, not necessarily those that are considered “less fortunate”. Feeling that some action should be taken to address this matter, he suggested the possibility of posting delinquent accounts at City Hall for public inspection and/or the possibility of the Legislative and Finance Committee considering an increase in the delinquency interest rate, which is currently set at 1½%. Noting that the City does not pursue legal action until an account is two (2) years delinquent, he suggested the possibility of pursuing legal action after one (1) year.
Mr. Pitts moved for acceptance of the City Assessor’s Report, seconded by Mr. Gorman and unanimously carried.
Mr. Gorman stated that the City Manager’s Report notes that revenue recovered from 793 electric disconnects for nonpayment totaled $364,487.28, which has increased $233,188.74 from the previous year and questioned if there is a reason for such an increase. Responding, Mr. DePrima assured members that an explanation would be forthcoming.
Mr. Speed moved for acceptance of the City Manager’s Report, seconded by Mr. Gorman and unanimously carried.
Mr. Speed referred to the General Fund, Cash Receipts and Budget Report, and noted that at this point in the year, 25% of the budgeted receipts should be collected and 25% of the budgeted expenses should be expended. Considering this, he wanted to bring to member’s attention that receipts appear to be under the 25% and that expenses are at or above the 25%.
Mr. Speed moved for acceptance of the General Fund, Cash Receipts and Budget Report, seconded by Mr. Carey and unanimously carried.
ZIMMERHAUS II - PROPOSED SENIOR HOUSING FACILITY - PLANNED NEIGHBORHOOD SENIOR CITIZEN HOUSING CONDITIONAL USE REVIEW
The Planning Office has received a proposed senior housing facility for the Zimmerhaus II to establish a 12 unit apartment building for senior citizen housing at the northeasterly corner of the intersection of Kings Highway and American Avenue. The property consists of 0.3085 acres of land zoned RG-1 (General Residence). This property is the current location of the Wesley College, Property Maintenance Division. The proposal includes the partial demolition of the existing building and the construction of a three (3) story senior housing apartment building.
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 explained 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. With this proposal, an existing non-conforming maintenance facility use would be eliminated and replaced with a conforming senior housing use if approved. The Downtown Redevelopment Target Area has been identified as an area where redevelopment activity and adaptive re-use of older properties would be encouraged. For these reasons, the Planning Office recommended that the conceptual plan for the Zimmerhaus II 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. The Conditional Use Plan submission shall also include an application for Architectural Review Certification in accordance with the provisions of Article 3, Section 21 (Historic District), and Article 10, Section 3 (Architectural Review) for review by the Historic District Commission.
Mr. Truitt moved to refer the Zimmerhaus II, Proposed Senior Housing Facility - Planned Neighborhood Senior Citizen Housing Conditional Use Review to the Planning Commission as recommended by staff. The motion was seconded Mr. Pitts and unanimously carried.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Section 7-18 of the City Code, the Interim City Manager, Mr. Anthony J. DePrima, met with the Fire Chief to discuss fire company issues. The following points were noted during the on-site visit:
1)Volunteer response rate remains strong to fire calls and training.
2)Fire calls have increased by 16 compared to this time last year. There have been 766 calls this year so far.
3)Two (2) new pieces of equipment are now in service. This includes the Ladder 1 (LTI/American-LaFrance) and Brush Truck #9. The Brush Truck, which is used for quick attack and off-road brush fires, relieves the problem of bringing fire trucks off the road.
4)The operation problems dispatch was having with the Orbacom system that was previously reported in April, have been resolved. Only some minor issues exist.
5)Fire Prevention Week was held October 8-13. The station was very active during the week hosting over 3,500 school children. At the time of the visit, headquarters was full of young children learning about fire safety. A number of programs off-site were also conducted.
Mr. Truitt moved for acceptance of the report as submitted by the Interim City Manager, seconded by Mr. Gorman and unanimously carried
FINAL READING - REZONING OF PROPERTY LOCATED AT 771 AND 777 SOUTH LITTLE CREEK ROAD, OWNED BY ANTHONY AND SANDRA LIBERTO
A public hearing was held on October 8, 2001 to consider rezoning of property located at 771 and 777 South Little Creek Road, containing approximately 3.76 acres, owned by Anthony and Sandra Liberto. The property is currently zoned RM-1 (Medium Density Residential) and the proposed zoning is C-3 (Service Commercial). It was noted that Mr. Speed was not present during the meeting and that a majority of Council could not come to a consensus; therefore, Council tabled action until Mr. Speed has been given the opportunity to listen to the testimony regarding this matter and is available to vote on the issue.
Mr. Gorman moved to remove the matter from the table, seconded by Mr. Carey and unanimously carried.
Mr. Truitt moved to approve the rezoning of property located at 771 and 777 South Little Creek Road, owned by Anthony and Sandra Liberto, from RM-1 to C-3, seconded by Mr. Ritter.
Mr. Ruane referred to the legal opinion submitted by Deputy City Solicitor Pepper and felt it was important that Council understand the intent of 22 Del. C. §702(d), which indicates that “once adopted, the comprehensive plan has the force of law and no development shall be permitted except as consistent with the plan”. In this particular instance, he stated that the City’s Comprehensive Plan indicates that the area be zoned for residential development. Should the rezoning be approved, he relayed concern with additional changes that would be permitted to the area. Mr. Ruane also noted that the legal opinion suggested review of the zoning text as well as the zoning map. The zoning text provides more specifics in how to achieve goals for a particular area and that in this instance, it is to provide residential housing. He indicated that the proposed rezoning would alleviate from the intent of the zoning text. Section 7.3 of the Comprehensive Plan refers to proper separation of incompatible land uses through fiscal difference and buffering, to create stronger neighborhoods, etc. Mr. Ruane felt that a storage facility at this location would be in violation of the incompatible land use requirements. If the City does not follow its own Comprehensive Plan, it will take away from achieving the goals that have been established. He also felt that it would be difficult to prove that the rezoning is consistent with the Comprehensive Plan and that approval would be a disservice to the community and to the purpose of the Plan. Mr. Ruane relayed concern with the approval of a rezoning based upon the specific use as proposed without consideration of the allowable uses in the zoning classification. He explained that there have been instances when a rezoning request has been approved based on its proposed use only for the project not to come to fruition and another project developed that would otherwise be unwanted; however, because of the other allowable uses within the zoning classification, there was no recourse to prevent the development from occurring.
Concurring, Mr. Pitts reminded members that those who vote in favor of the rezoning would be required to provide an explanation as to how the rezoning is consistent with the Comprehensive Plan.
Mr. Truitt also referred to the legal opinion that was previously mentioned and noted that the Comprehensive Plan includes a map and narrative and that the narrative is often broader than the map. In considering rezoning requests, he noted that the plan narrative can and should be utilized in making such decisions.
In anticipation of the concerns that the City has not always followed the Comprehensive Plan, Mr. Petit de Mange provided a table of rezonings that have been approved in 1999, 2000, and 2001, which indicates whether they conformed with the Comprehensive Plan Map or conformed with the Comprehensive Plan Text. He noted that the tables indicate that the City has followed the Comprehensive Plan, either map or text, during the past three (3) years as it relates to rezoning requests.
Mr. Truitt relayed appreciation for the Comprehensive Plan; however, it was his feeling that it is not always fully encompassing and that there are errors made in specific areas. He felt that although there may be a need to reclassify the allowable uses as indicated in the C-3 zoning classification, the proposed mini-storage facility would be compatible in this area.
Mr. Speed assured members that he viewed the video tape of the meeting of October 8, 2001, reviewed the information, and visited the site. In support of the rezoning, he explained his feeling that the neighborhood is currently mixed in character, the rezoning is supported by the neighbors, development to the site will provide improvements, and text in the Comprehensive Plan would allow for the site to be zoned commercial. Since Luther Towers currently has a contract on approximately one-quarter of the proposed Amberfield property, the development of the Amberfield residential development will probably not come to fruition unless there are significant changes made. He also mentioned that his opinion regarding this rezoning has nothing to do with the previous rezoning of property on New Burton Road for a mini-warehouse facility and that this approval would not be setting a precedent for Council or the Planning Commission since his opinion regarding each rezoning is not related.
On a call for the question by Mr. Speed, by a roll call vote of five (5) yes, four (4) no (Mr. Pitts, Mr. Gorman, Mr. Salters, and Mr. Ruane), the motion for approval of the rezoning request of property located at 771 and 777 South Little Creek Road from the current zoning classification of RM-1 to C-3 was carried and the following ordinance was adopted (the first reading of this ordinance was accomplished during the Council Meeting of August 27, 2001):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 771 AND 777 SOUTH LITTLE CREEK ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RM-1 (Medium Density Residential) to C-3 (Service Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RM-1 to C-3 on that property located at 771 and 777 South Little Creek Road, owned by Anthony and Sandra Liberto.
ADOPTED: OCTOBER 22, 2001
Since the Planning Commission recommended denial of the rezoning request, each member who voted in favor of the rezoning was required to provide an explanation.
Mr. Ritter felt that the property is a good location for a mini-warehouse facility; that the site is currently in bad condition and needs refurbishing, which he feels the proposed project will accomplish; that adjacent property owners have relayed their approval; and his feeling that the proposed project is an overall good plan.
Mr. Truitt explained he supports the rezoning due to receipt of a letter from the Church members in support of the proposed project, which is the only property between it and the other commercial property, as well as receipt of the letter of support from the property owner of the proposed Amberfield development. He also felt that the City’s Comprehensive Plan provides enough flexibility to allow for consideration of this location as a place for such a project and due to its close proximity to the corridor of commercial enterprises.
Mr. Carey stated that he voted in favor of the rezoning since support from all adjacent property owners has been obtained. He also felt that the proposed project will enhance the area and will prove to be an asset upon completion of the new housing proposed for the area.
Mr. Speed alluded to the statements made previously in explanation of his support for the rezoning request.
Mr. McGlumphy stated that he favors the rezoning request, feeling that it will enhance the area given that it currently consists of such diverse composition and has the support of the neighbors. He also noted that the rezoning actually reverts the property back to a previous zoning classification prior to the 1996 Comprehensive Plan.
Mr. Gorman moved to adjourn into executive session to discuss legal and personnel matters pursuant to 29 Del. C. §10004(b)(4) and (9). The motion was seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 9:05 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 22, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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