REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 22, 2007 at 7:34 p.m. with Council President Williams presiding. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Major Taraila, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Reverend Edward Lang, Pastor of Second Chance Ministries - 26 Stevenson Drive, advised members of the drug and noise problems for residents of Manchester Square. Although the police have been helpful to eradicate most of their noise problems, this has not been the case with the drug problem. He observes drug activities on a daily basis and has witnessed other illegal activities. Reverend Lang requested assistance of members of Council, explaining that these activities are becoming a safety and welfare concern for the residents and children of this neighborhood.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane requested the addition of #7D - Dover Mall Property Assessment Appeal. Council President Williams requested the deletion of 2A, Recognition of Service - Ken Robertson - Historic District Commission due to the absence of Mr. Robertson.
Mr. Slavin moved for approval of the agenda, as amended, seconded by Mr. McGlumphy and unanimously carried.
Mrs. Russell requested that item #6D - Update, Planning and Funding for New Library, be removed from the Consent Agenda.
Mr. McGlumphy moved for approval of the Consent Agenda, as amended, seconded by Mrs. Russell and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 8, 2007
The Minutes of the Regular Council Meeting of October 8, 2007 were unanimously approved by motion of Mr. McGlumphy, seconded by Mrs. Russell and bore the written approval of Mayor Speed.
PRESENTATION - THE MAYOR’S ARTS AWARDS
Mayor Carey advised members that last year, Mayor Speed initiated the presentation of an Award to recognize and honor those that promote and expand the arts in Dover. This is the first Arts Award Presentation, as follows:
1) Phyllis Levitt
2) Greater Dover Arts League, accepted by Zan Salas
Mayor Carey also recognized Ms. Kay Wood Bailey who served as Chair for Dover’s First Celebration of the Arts to Honor the 2007 Mayor’s Arts Awardees.
Mrs. Levitt thanked the Mayor, former Mayor Speed, members of the Greater Dover Arts League, and City Council. She advised members that Dover is very rich and diverse in the arts and that there are many volunteers who have contributed to this cause. It was her hope the City leaders understand the economic relationship of the arts to the growth of the community. She relayed appreciation for the support provided by the community in the various events and contributions.
PRESENTATION - REEL TRAILER
Mrs. Gardner, representing the Public Utilities Department, gave a presentation to members on a reel trailer that was built by City employees (Exhibit #1).
PRESENTATION - NATIONAL CITY SURVEY RESULTS
Members were provided a Presentation of the National Citizen Survey Report of Results for the City of Dover (Exhibit #2), which is conducted annually. Mr. DePrima, City Manager, explained that the survey is a standardized, weighted, mailed, random sample survey of citizens of Dover. He reminded members that the survey assists in prioritizing, project planning, budgeting, setting goals, bench marking, measuring progress, etc.
Mr. DePrima advised members that the survey is sponsored by the International City Manager’s Association (ICMA) and administered by the National Research Center. He stated that the ICMA issues awards for categories of scores and that the City of Dover received a “Voice of the People” Award for transformation. From 2005 to 2006, on a variety of scores related to inspections and planning services, the City of Dover had the highest improvement. He presented the award to Mr. Koenig, Director of Public Services, and Mrs. Townshend, Director of Planning and Inspections.
Mr. Koenig relayed appreciation for the recognition from the ICMA and assured members that they will continue to have high expectations of the property maintenance staff.
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS - APPENDIX B - ZONING ORDINANCE, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 29 - SOURCE WATER PROTECTION OVERLAY ZONE (SWPOZ)
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that establishes a Source Water Protection Overlay Zone (SWPOZ), which affects over 500 parcels within the City. The proposed ordinance was reviewed by the Parks, Recreation, and Community Enhancement Committee during their meeting of October 9, 2007 (City Clerk’s Office Note: Report provided to Council later during this meeting).
Mr. Slavin moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried.
Mrs. Townshend, Director of Planning and Inspections, gave a Power Point Presentation on the SWPOZ (Exhibit #3), explaining that its purpose is to provide protection of the drinking water supply, both the quality and quantity. It would provide protection for the recharge areas as well as the areas around the well-heads. Mrs. Townshend advised members that the Planning Commission recommended approval of the proposed amendments with an exemption from the impervious cover limitations along the Route 13 corridor, with the provision that within the excellent recharge (Tier 3) areas, green technologies that encourage infiltration be implemented for stormwater management. She also provided a copy of a letter from Mr. Donnelly, Director of Water Resources for DNREC, dated October 19, 2007 (Exhibit #4) and read, into the record, the comment provided by DNREC staff regarding the City’s proposed ordinance. Based on their comments and other discussions that have occurred since the Planning Commission meeting, Mrs. Townshend stated that it was staff’s opinion that providing for an exemption may not be the best alternative to address impervious cover limitations and suggested the possibility of balancing important economic development factors with the protection of the recharge areas. Staff recommended that the proposed ordnance be referred to the Utility Committee and that a Public Hearing be rescheduled for January 14, 2008, to allow staff and the Utility Committee to work through these issues to bring forward an ordinance that addresses the concerns realistically.
Mr. Ruane moved to defer the public hearing for the proposed zoning text amendment and that the ordinance, amending Article 3 - District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ) of the Zoning Ordinance, be referred to the Utility Committee in order to reconsider protective land use policies to protect Dover’s excellent water recharge areas and its well-heads and to present a revised ordinance to City Council for public hearing during January 2008. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote. City Clerk’s Office Note: The public hearing will be scheduled for January 14, 2008 at 7:30 p.m.
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS - APPENDIX B - ZONING ORDINANCE, ARTICLE 5 - SUPPLEMENTARY REGULATIONS, SECTION 1 - SUPPLEMENTARY REGULATIONS APPLYING TO RESIDENCE ZONES, SUBSECTION 1.10 - PORTABLE STORAGE UNITS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that propose to establish regulations relating to portable storage units. The proposed ordinance was reviewed by the Parks, Recreation, and Community Enhancement Committee during their meeting of October 9, 2007 (City Clerk’s Office Note: Report provided to Council later during this meeting). Mrs. Townshend, Director of Planning and Inspections, advised members that the Planning Commission recommended approval of the proposed amendments.
Mr. Slavin moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Council President Williams declared the hearing open.
Mr. Christopher Roethel, 30 Locust Circle - North Bear, Delaware, addressed members on behalf of PODS, as well as their customers. He explained that the units are to provide a service for customers that are moving and are not intended to be used for storage sheds. He advised members that when the units are placed for a customer, safety is considered to assure they are not placed in the way of traffic or obstructing vehicular visibility. Mr. Roethel relayed concern with the seven (7) day limitation, explaining that 30 days would be a more fair and reasonable amount of time for customers who are moving. He explained that there are situations when additional time is necessary.
Responding to Mr. McGiffin, Mr. Roethel stated that although 30 days is the average for a typical contract period for the units, there are some that have had contracts for several months and others for over a year. Clarifying, he explained that PODS offers off-site storage for those that have circumstances that require an extension of time, such as military personnel. Mr. Roethel indicated that a part of their service is to provide a secure off-site warehouse for storage of the units for those that would need their use for more than 30 days.
Mr. Rob Peterson, K&K Portable Storage - 608 September Lane, Chesapeake, Virginia, referenced material previously provided to members regarding the service provided by his company, including a sample ordinance. He requested that members give consideration to amending the proposed ordinance to allow more time for their constituents to adequately utilize their service. If not, he requested that members delay its adoption to provide more time to review additional data to make a fair ordinance for everyone. Mr. Peterson concurred with the need for regulations regarding portable storage units; however, it was his opinion that the proposed ordinance does not allow for residents to have adequate time to use portable storage units. He confirmed that data reflects that residents utilize the units for an average of 30 days at their location. Mr. Peterson suggested the use of a 30 day time limit, with additional time provided for construction and home repairs, which may include emergency home repairs caused by fire, flood, smoke damage, etc. and that a stipulation for these conditions be included in the adopted ordinance.
Mr. Mark Roethel, 27000 Gravel Hill Road - Millsboro, Delaware, spoke on behalf of customers who were unable to attend the meeting. With regards to the concerns of the portable storage unit located on Fiddlers Green, he advised members of the extenuating circumstances for the unit being utilized for over five (5) months. At the suggestion of Council President Williams, Mr. Roethel stated that tomorrow, he would provide copies of the letters submitted by several customers. He urged members to reconsider the amount of time provided for use of the units and stated that if sufficient time is not provided, it would result in the removal of this service in the area.
Ms. Arlene Tishler, Director of Regulatory Affairs for the Corporate Offices of PODS - 5585 Rio Vista Drive, Clearwater, Florida, explained the corporate initiative and training that is provided for the franchise. She stated that the customer rental agreements are for 30 days, and that the terms of the agreements were developed based on customer utilization. She explained the various uses for the units, including both residential, commercial, and emergency services. By limiting the amount of time for use of a unit to seven (7) days, Ms. Tishler stated that it would be detrimental to the community.
Responding to Mr. Hogan, Ms. Tishler stated that since people have to work, moving is typically a weekend initiative. She felt that most people can pack for moving in two (2) weeks.
There being no one else present wishing to speak during the public hearing, Council President Williams declared the hearing closed.
Mr. Ruane moved to amend Section 1.101 of the proposed ordinance by changing “seven (7) consecutive days” to “thirty (30) consecutive days”, seconded by Mr. McGlumphy.
After several questions of members, Mr. McGlumphy felt that there are issues that require additional information and suggested that the proposed ordinance be further reviewed by the committee to formulate a recommendation for City Council. Responding, Mr. Ruane explained that the City currently has no regulations with regards to these portable storage units; therefore, he suggested that members consider the proposed ordinance for amending, after which, members could further review the regulations in the future, if it is determined to be necessary.
The motion to amend Section 1.101 of the proposed ordinance by changing “seven (7) consecutive days” to “thirty (30) consecutive days” failed by a roll call vote of five (5) no, and three (3) yes (Mr. McGlumphy, Mr. Ruane, and Mrs. Williams).
Mr. Slavin moved that the proposed ordinance amendment be referred back to the Parks, Recreation, and Community Enhancement Committee for further study, seconded by Mrs. Russell and carried with Mr. Ruane voting no.
UTILITY COMMITTEE REPORT - OCTOBER 8, 2007
The Utility Committee met on October 8, 2007 with Chairman Ruane presiding.
Dedication of Rights-of-Way and Public Infrastructure - Village of Westover - Phases IV & V
The developer of the Village of Westover Subdivision (Phases IV and V), Frank Robino Companies, LLC, has requested that all rights-of-ways, public open space and public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a map showing the general location and configuration of the subject rights-of-way. The developer has constructed all of the improvements in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer. A one (1) year Maintenance Agreement, Maintenance Bond and a Release of Liabilities have been submitted by the developer. In addition, as-built drawings have been submitted to the Public Services Department for their permanent records.
Staff recommended acceptance of the dedication of rights-of-way and public infrastructure for Phases IV and V of The Village of Westover Subdivision, with the dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (estimated construction value = $ 3325,010.00):
8" PVC Sanitary Sewer Main - 3,125 l.f.
12" PVC Sanitary Sewer Main - 953 l.f.
6" PVC Sanitary Sewer Laterals - 4,609 l.f. (120 laterals)
4' Diameter Sanitary Sewer Manholes - 21 ea. (182.65 v.f.)
Water Utility Infrastructure (estimated construction value = $ 233,516.00):
6" Ductile Iron Water Main - 291 l.f.
8" Ductile Iron Water Main - 5,585 l.f.
1" Type "K" Copper Water Service Line - 4,606 l.f. (120 services)
8" Gate Valves - 12 ea.
6" Hydrant Valves - 8 ea.
Fire Hydrants - 8 ea.
4" Blow Off Assembly - 1 ea.
Storm Water Infrastructure (estimated construction value = $ 217,202.00):
Single Catch Basins - 30 ea.
4' Storm Water Manholes / Junction Box - 2 ea.
15" Type III Reinforced Concrete Pipe - 397 l.f.
18" Type III Reinforced Concrete Pipe - 423 l.f.
24" Type III Reinforced Concrete Pipe - 830 l.f.
12" HDPE Pipe - 20 l.f.
15" HDPE Pipe - 1,049 l.f.
18" HDPE Pipe - 492 l.f.
21" HDPE Pipe - 172 l.f.
24" HDPE Pipe - 533 l.f.
103" x 71" Corrugated Steel Arch Pipe - 481 l.f.
Street Infrastructure: (0.822 miles) (estimated construction value = $ 434,420.00)
Trafalgar Drive Station 09+16 to Station 28+96 (Phase IV)
Westover Drive Station 18+65 to Station 29+61 (Phase V)
Worchester Drive Station 00+00 to Station 11+16 (Phase V)
Northdown Drive Station 40+00 to Station 41+50 (Phase V)
Total = 4,342 l.f.
The committee recommended approval of staff’s recommendation for the acceptance of the dedication of rights-of-way and public infrastructure for Phases IV and V of The Village of Westover Subdivision, with dedication to include all of the referenced public improvements.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
FY 2007/08 Electric Capital Improvement Project (CIP) Briefing
Members were provided details for the FY 07/08 Electric Capital Improvement Projects. Mr. Lunt, Public Utilities Director, reviewed the projects in detail, as follows:
Lebanon Transformer
Mayfair Substation - 69kv/12kv
69KV Feeders 3 and 4
St. Jones Substation
Distribution Capacitors
Transmission Relaying, Replacement, and Calibrations
College Road Distribution Substation
Distribution Upgrades
Replacement of 69 KV Breakers
Horsepond 600 Transformer
Lighting Project and Rehabilitation (The committee requested that staff provide members with a schedule of the neighborhoods/developments that are to be considered)
Governors Avenue Rebuild
New Developments
Electric Radio Read Meter Change-Out
McKee Run Fuel Oil Tank Inspection
McKee Run Fire Protection System Upgrades
VanSant COMS Replacement
McKee Run Unit 3 Selective Non-Catalytic Reduction System
Mr. Lunt noted that the new CIP’s, the 69KV Feeders 3 and 4 and the St. Jones Substation, was presented to members during their meeting of September 24, 2007. Mrs. Mitchell, Treasurer/Finance Director, provided members with a summary of the 5-year cost details/funding sources for the projects.
PACE/NAES Monthly Report (July and August)
Mr. DePrima provided the PACE/NAES Monthly Reports for July and August 2007. He reminded members that the reports are being provided to provide members the opportunity to monitor what is being sold in electric and the revenues received, which will allow members to have a better understanding of any fluctuations and make improvements if deemed necessary. It is not his intent to make a presentation of the report; however, he welcomed any questions.
By consent agenda, Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 8, 2007
The Legislative, Finance, and Administration Committee met on October 8, 2007 with Chairman Slavin presiding.
Public Affairs Coordinator Update
The Public Affairs Coordinator Update was deferred by the committee during their meeting of September 24, 2007. Mr. DePrima reminded members that he was requested to provide an update on the new Public Affairs Coordinator position that was created replacing the City Manager’s Administrative Assistant position. He introduced Ms. Kay Deitz-Sass, Public Affairs Coordinator, and advised members that she began employment with the City on June 25, 2007.
Mr. DePrima reviewed the job description and responsibilities of the Public Affairs Coordinator. On average, Ms. Deitz-Sass handles four (4) to five (5) citizen issues each day. He advised members that the City is investing in a Citizen Request Management Software, which is a centralized program that will allow people to communicate over the Internet and allow the tracking of complaints to be monitored by City staff as well as members of Council. Ms. Deitz-Sass will also be responsible for issuing a City Newsletter to communicate to citizens and will have a section dedicated for members of Council. In addition, he stated that the Customer Quarterly that is distributed with the City’s utility bills will become the responsibility of Ms. Deitz-Sass and that she will also be coordinating any flyers that are distributed to customers.
Mr. DePrima also advised members that Ms. Deitz-Sass has direct contact with the media, issuing news releases, Mayoral statements, letters to the editors, coordinating public announcements, emergency management statements, etc. She also monitors the City’s Website to assure its accuracy and posting of information. She will also be assisting department heads in developing statements for the media and will be available for members of City Council in this regard as well. Ms. Deitz-Sass has been assigned to special events, such as the Mayor’s Prayer Breakfast, Dover Arts Council, and will be coordinating the City’s participation at the African American Festival. In the future, it is hoped that through the franchise negotiations with Verizon, the City will have access to a channel on the cable to allow for announcements dedicated to City information such as meetings, events, etc.
Ms. Deitz-Sass stated that the Citizen Request Management Software Program bolts into the City’s existing Website, which will allow citizens to file reports from home regarding any concerns or issues, or they can contact a City employee either in person or over the telephone to file such reports. The citizen will be able to track the status of the issue. The program will allow for consistent information, it will also provide information as to who is dealing with the issue, when it will be resolved, and accountability. The system will also assist in assuring that issues are resolved in a timely manner. Ms. Deitz-Sass stated that the program provides reports and provided members a sample of the reports.
Cost Benefit Analysis Model for Annexations
Mrs. Mitchell, Treasurer/Finance Director, advised members that the Annexation Cost Benefit Model was developed as a tool for providing guidance to the committees and Council for annexation approvals. She explained that the model takes into consideration only one aspect of the annexation review and does not consider all the socio-economic aspects.
The Annexation Cost Benefit Model was developed in a manner that would highlight the estimated financial impact of the City’s three (3) major funds (General, Water/Wastewater, and Electric). The
model also combines the net results of the three (3) major funds to determine the overall financial impact to the City. All the calculations are based on current dollars and are not adjusted for inflation. The model uses budget estimates and historical trends to calculate the financial impact.
Mrs. Mitchell advised members that in recent presentations it has been noted that the overall financial impact to the City has been presented with no presentation of the impact by major Fund. In doing so, Council is not aware if the proposed annexation creates a deficit for any one Fund and there is no discussion of how that deficit should be addressed. She stated that the Planning Department encounters problems when the land use for an approved annexation changes after the model has been presented for the originally proposed land use, which was the case with the Carey Farm. Mrs. Mitchell explained that the model for the Carey Farm was developed based on the original proposal of 300 plus residential units; however, since this time, the land has been purchased by the Capital School District as a school site. She advised members that another concern is that the property value being used for the property taxes are reflective of the County’s valuation since, at the time of the application, the parcel is not in the City limits.
Staff recommended the following: 1) the Annexation Cost Benefit Model be presented with the financial impact shown for each major fund and a discussion of how deficits will be resolved; 2) the Annexation Cost Benefit Model be revised when recent annexations apply for rezoning; and 3) the City Assessor perform a valuation on the parcel based on the City’s valuation methods and provide the input to the Planning Department for the model.
The committee recommended approval of the amended Annexation Cost Benefit Model, as recommended by staff.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
City Manager’s Budget Tracking Report
Members were provided the City Manager’s Annual Budget Tracking Report, which reflects each department’s percentage budget for the past five (5) years. Mr. DePrima, City Manager, advised members that he utilizes this report as a management tool for his department heads and explained that each of his departments have a goal to be within 5% of their budget and is scored accordingly which is included in the department head’s annual performance evaluation.
The committee recommended acceptance of the City Manager’s Budget Tracking Report as presented.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Review of 2005 Charter Review Committee Recommendations
During their meeting of September 10, 2007, members approved the schedule for completion of a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. As scheduled, members considered the recommendations to Article I - General Provisions, of the Dover Charter, as follows:
Preamble
Mr. Ruane noted that the recommendation is to include a Preamble, which is included in the Model City Charter issued by the National League of Cities; however, the committee has amended some of the wording. He noted that in the first sentence, the Model City Charter utilizes “Council-Manager government” and that the recommendation indicates “Mayor-Council government”. It was his opinion that the wording should be corrected to reflect “Mayor-Council government”.
In response to Mr. McGlumphy, Mr. Slavin questioned if it should be the committee’s responsibility to serve as a facilitator for the discussion of the recommendations of the 2005 Charter Review Committee or if it should become involved with determining the City Charter by debating and taking action regarding the recommendations of the 2005 Charter Review Committee. It was his opinion that it is not the committee’s responsibility to alter the recommendations of the 2005 Charter Review Committee.
Mr. Salters suggested that a professional, such as a constitutional lawyer, review the City’s Charter and the recommendations of the 2005 Charter Review Committee to submit a final recommendation.
Responding to Mrs. Jones, Mr. Slavin suggested that staff provide committee members with any relative documents such as the Model City Charter. Considering that this review can be extremely time consuming, he noted that there has been an additional Council Meeting scheduled to be held on the first Monday of each month and suggested that the committee could dedicate this review by scheduling an additional meeting each month to be held prior to the Council Meeting on the first Monday of each month.
Action on the following items were deferred to be listed first on the next agenda for consideration by members: 1) Section 1 - Municipal Corporation Continued; Boundaries; 2) Section 1A - Procedure to Extend Boundaries; 3) Section 2 - Status, General Corporate Powers, Specific Provisions for Condemnation of Property; and 4) Section 3 - Enumeration of Power Not Exclusive; Manner of Exercise of Powers; Employee Pension, Benefit and retirement Systems Authorized.
Mr. Slavin requested that members determine if they are comfortable with making recommendations to Council in this regard and that this matter will be presented to members for further consideration during their next meeting.
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 9, 2007
The Parks, Recreation, and Community Enhancement Committee met on October 9, 2007 with Chairwoman Russell presiding.
Skate Park Presentation - Bike Werx
Mr. Slavin introduced Mr. Eugene Stone, Owner of Bike Werx, and advised members that skateboarding today is like baseball was when he was a child. This sport has been pushed to the streets because of the lack of facilities. He advised members that many of the skateboarders have been utilizing historical State owned property and that the properties, particularly the steps, ramps, and planters are deteriorating. It was his hope that members will support the skateboard community to resolve this issue and stated that from his understanding, there are low costs associated with a skate park as well as low liability.
Mr. Stone presented a video from the Tony Hawk Foundation (http://www.tonyhawkfoundation.org/) to provide members an understanding of the sport and reviewed a presentation regarding skate parks. It was his opinion that a skate park would prove to be beneficial to the City. He advised members that he has a petition for a skate park with over 700 signatures.
Mr. Ruane reminded members that a skate park has been in the City’s long-range plan for several years. However, the dilemma has been in acquiring leadership and the development of a partnership with the business community.
Mr. DePrima advised members that, for next fiscal year, $10,000 has been budgeted for design work of a skate park. In the following year, $70,000 has been budgeted for construction of a skate park. He noted that the owner of the land, that is currently being used by skateboarders, has indicated a willingness to donate the land for a skate park. He stated that the City also has parkland that could be utilized for this purpose and that a determination would need to be made as to where a skate park would be best suited.
Mr. Slavin stated that DNREC has grant monies available for outdoor recreation purposes and that a skate park would meet the grant eligibility requirements. He suggested that staff pursue this avenue as a means of funding assistance. He also felt that it would be pertinent to develop a community group.
Mr. Carter explained that the first requirement, before submitting a grant application, is to provide a letter of intent, which would need to be accomplished by April or May 2008. Responding to Mr. DePrima, Mr. Carter felt assured that by February or March 2008, there could be a staff person assigned to assist the community group in this endeavor.
Mrs. Russell advised members that the youth of Liberty Baptist is interested in building a skate park and suggested that a collaborated effort be made.
Mr. Seth Baker, Executive Director of Delaware Youth for Christ, stated that in working in the community, it has been evident that there is a need for such a skate park. His role has been to work with foundations and organization to determine how it can become a reality. It was his opinion that there is some additional opportunities for collaborations.
The committee recommended that the Director of Parks and Recreation and City Manager form an Advisory Group to review the concept of building a skate park, with site and time to be determined, to include a preliminary time-table, for a report back to the committee within one (1) month.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Presentation - Silver Lake Park Revitalization Project
During their meeting of March 27, 2007, members recommended support of the St. Jones River Buffer Project at Silver Lake Park, as recommended by the Tributary Action Team (approved by Council during their meeting of April 9, 2007). Mr. Lyle Jones, DNREC Watershed Assessment Division, reviewed maps depicting the buffer project for the Silver Lake Park Revitalization Project and introduced Ms. Lorri Athey, Landscape Architect.
Responding to Mr. Ruane, Mr. Jones stated that adjacent property owners have been advised of the project and that during a workshop held in July, there were no objections relayed. He advised members that there are several phases to this project and that currently, concentration has been with the first phase.
Mr. Mark Biddle, Environmental Scientist for the Division of Water Resources of DNREC, distributed information regarding each of the phases of the project and details regarding the structural recommendations. He stated that not only is the goal to make the area more ecologically friendly, it is also to make sure its use for residents is not curtailed, and more importantly, to improve water quality.
Responding to Mr. Ruane, Mr. DePrima advised members that the City’s insurance company had the dam at Silver Lake inspected and, as a result, submitted several recommendations for making improvements. The City’s budget has included funding for completing the recommendations, which most have been accomplished. He assured members that he would provide DNREC a copy of the inspection report.
Mr. Biddle stated that there are employees of DNREC who are responsible for dam safety throughout the State of Delaware. At the request of Mr. Ruane, Mr. Biddle assured members that DNREC will conduct an inspection of the Silver Lake Dam.
Mr. Carter advised members that the Silver Lake Commission is scheduling a Community Workshop to be held in November 2007 to receive comments, concerns, and suggestions in order to finalize the Plan for the Revitalization Project. Once this is accomplished, a final recommendation will be submitted to the committee for their review and recommendation to City Council.
The committee recommended that the Chair and members of the Parks, Recreation, and Community Enhancement Committee be invited to the Community Workshop.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Presentation - 2007 Silver Lake Statistics
Members were provided a report of the 2007 Silver Lake Statistics, which was reviewed by Mr. Carter, Director of Parks and Recreation. He advised members that representatives of DNREC will be attending the Silver Lake Commission meeting on October 10, 2007 (5:30 p.m.) to provide information regarding the concerns of the blue/green algae in Silver Lake. Mr. Carter provided pictures depicting the results of what is felt the cause of blue-green algae to the aquatic wild life of Silver Lake. He felt confident that the DNREC will be providing assistance to the City to address these concerns.
In response to Mrs. Russell, Mr. DePrima explained that in the future, the data chart will include some average daily counts as well as the total counts for all summer.
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 3, District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ)
Mrs. Townshend, Director of Planning and Inspections, advised members that in 2001, the General Assembly passed the Source Water Protection Act, which requires all municipalities of a certain population size, including Dover, to adopt ordinances and maps meant to protect excellent recharge areas and wellhead protection areas. The law instructed the Department of Natural Resources to provide guidance to municipalities on developing these ordinances.
In the 2003 Comprehensive Plan Update, Mrs. Townshend stated that the City identified the development of Source Water Protection Ordinances as an implementation strategy. Planning staff began work on researching and developing the ordinance in late 2006, and presented a draft and background information to the Planning Commission during their Quarterly Workshop in May 2007. On August 9, 2007, staff held a public workshop to share the draft ordinance and receive public feedback. She assured members that all property owners whose property is impacted by the proposed Source Water Protection Overlay Zone were notified by mail. Following the workshop and public comment period, staff made modifications to the draft ordinance.
Mrs. Townshend presented a Power Point Presentation on the Source Water Protection Overlay Zone, which establishes an overlay zone and affects over 500 parcels within the City. She explained that within the overlay zone, there are three (3) distinct kinds of protection areas, each of which is identified by a tier number, which sets forth the regulation of these areas and creates distinct regulations for each tier as well as overall regulation of permitted uses on any parcel affected by the overlay zone.
Mr. Ruane requested that staff provide a map of the area to be exempted and an explanation of the policy determination in this regard. Noting that the proposed ordinance references waivers based on critical economic development goals, he also requested assurance with the establishment of stringent criteria to allow for an exemption.
The committee recommended that the ordinance be modified to include specific reference to the development of criteria to delineate more clearly when waivers would be obtained.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Mr. Ruane relayed disconcertment regarding some property owners being treated differently simply because of their location.
Responding to Mr. DePrima, Mr. Barndt, Representative of DNREC, explained the geological mapping procedures, advising members that this exercise does not take into consideration the current use or proposed use of the property. He advised members that there are means of addressing areas of contaminations, explaining that New Castle County has addressed a super fund site by permitting impervious cover to prevent recharge from occurring.
The committee recommended that staff develop some alternative to total blanket exemption in those areas that are in the recharge areas.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
The committee recommended adoption of the proposed ordinance amendment, as amended. (City Clerk’s Office Note: Members of Council considered the committee’s recommendation earlier in the meeting and deferred the public hearing for the proposed zoning text amendment and that the ordinance, amending Article 3 - District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ) of the Zoning Ordinance, be referred to the Utility Committee in order to reconsider protective land use policies to protect Dover's excellent water recharge areas and its well-heads and to present a revised ordinance to City Council for public hearing during January 2008 (January 14 2008 at 7:30 p.m.)
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 6, Off-Street Parking, Driveways and Loading Facilities and Article 10, Planning Commission
During their meeting of September 11, 2007, members considered an amendment to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking of the Zoning Code. Mrs. Townshend, Director of Planning and Inspections, explained that the amendment would add language to the off-street parking section to require a minimum width of 9' for a driveway. Currently, she advised members that there is no minimum width requirement for a driveway; however, the minimum width for a parking space is 9'.
Members also considered an amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval of the Zoning Code. Mrs. Townshend explained that the amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval would eliminate the need for any new businesses that are coming into an existing business, from having to go through the Planning Commission for approval. She stated that the amendment would only require those site plans with site disturbance greater than 2,000 sq. ft. and adjacent to residential properties to go through the Planning Commission for approval rather than any site plan that is adjacent to residential properties.
Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking
During their meeting of September 11, 2007, members recommended that the Director of Planning and Inspections move forward with the proposed zoning ordinance amendment with the understanding that input from this committee has been expressed as in the record. During the Regular Council Meeting of September 24, 2007, members rescheduled the October 8, 2007 public hearing and Final Reading to be held on November 13, 2007 at 7:30 p.m. for consideration of the proposed zoning text amendment to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking.
Mrs. Townshend reminded members that there was concern regarding the maximum driveway width and advised members that the Planning Commission tabled the amendment until October 15, 2007, pending a recommendation of the Committee.
In response to these concerns, staff recommended approval of the amendment for a minimum driveway width of 9' in residential zones. Mrs. Townshend stated that staff discourages a maximum driveway width at this time because there are too many variables that affect the driveway width. For a side entry garage, the turning radius to enter the garage causes a widening in front of the garage that a maximum width may not address. Additionally, the Zoning Ordinance permits garages in residential zones to have a capacity of up to three (3) vehicles. A maximum width would vary depending on the vehicle capacity of the garage. Staff maintains that regulating lot coverage should address the concern of driveways that are too wide for the individual lot.
Responding to Mr. Ruane, Mrs. Townshend advised members that a permit is not required for expansion of driveways. She assured members that staff will be developing an ordinance that would require a building permit to be obtained in order to expand a driveway.
The committee recommended adoption of the proposed zoning ordinance amending Article 6, with the understanding that an additional amendment will be forthcoming to address the expansion of driveways.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. (City Clerk’s Office Note: The public hearing and final reading has been scheduled for November 13, 2007 at 7:30 p.m.)
Article 10 - Planning Commission, Section 2 - Site Development Plan Approval
During their meeting of September 11, 2007, members recommended to refer the proposed zoning ordinance amendment back to staff for a revision to include a notification process for public input. During the Regular Council Meeting of September 24, 2007, members rescheduled the October 8, 2007 public hearing and Final Reading to be held on November 13, 2007 at 7:30 p.m. for consideration of the proposed zoning text amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval.
Mrs. Townshend reminded members that there was concern regarding the exclusion of adjacent residential property owners from the process on these projects. She explained staff’s concern that having a public notice process for items that do not go to the Planning Commission for public hearing will create confusion among the public as well as the business community. Staff is sympathetic to the concern of reducing the ability for the public to comment in the planning process; however, we are also concerned that the complexity of the Planning Commission process as well as the requirements for a site plan that goes to the Planning Commission could discourage prospective business owners from opening businesses in areas of the City that are adjacent to residential properties. Based on the concerns of the committee, staff offered two (2) potential options for proceeding on the amendments, as follows:
1)Recommend no changes to Article 10. Staff believes this could be problematic in that it could discourage businesses and contribute to vacancies.
2)Recommend lowering the threshold of site disturbance that would require Planning Commission review to either 1,000 square feet or 500 square feet, rather than the 2,000 square feet listed in the ordinance. This would be the staff’s preference because it would allow for public input on projects that could impact them but not be so cumbersome as to discourage businesses from locating in vacant buildings adjacent to residential properties.
Referring to paragraph (c), Mr. DePrima suggested that “Non-Residential” be inserted for clarification of the intent of the amendment.
The committee recommended that paragraph (c) be revised by inserting the words “Non-Residential”.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
The committee recommended adoption of option 2 for the proposed ordinance amendment, lowering the threshold of site disturbance that would require Planning Commission review to 500 square feet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. (City Clerk’s Office Note: The public hearing and final reading has been scheduled for November 13, 2007 at 7:30 p.m.)
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units
Mrs. Townshend, Director of Planning and Inspections, advised members that the department has received numerous complaints regarding portable storage units appearing in residential neighborhoods and remaining for several weeks and months. Although the City’s zoning ordinance regulates the location of trailers, boats, and recreational vehicles parked on residential lots, as well as the placement of accessory structures such as sheds, it does not currently address portable storage units due to their being relatively new. Members reviewed a proposed ordinance amending Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units of the Zoning Code (Appendix B).
Mrs. Townshend stated that if the portable storage units are not addressed, there is the potential for degrading the appearance of neighborhoods. She advised members that there are some cases where the units appear to be used as a shed, but they circumvent the requirements in place for a shed, garage, or other accessory structure. In preparing the proposed zoning ordinance, staff researched restrictions on portable storage units in other communities throughout the nation. She indicated that the proposed amendment was developed to allow for the use of these units for the purposes of moving or home renovation (once filled, the units can be moved to a remote location), while not allowing them to become a permanent fixture without regard to placement on the property.
Responding to Mrs. Russell, Mrs. Townshend explained that violation notices are issued prior to an individual being fined. She suggested that staff could begin issuing summonses with second notices, traditionally it has been done with third notices. It was her opinion that although some members of Council feel that staff should alter the manner in which code enforcement is conducted in this regard, there are others that may feel otherwise. Therefore, she requested that this matter be considered by members during an upcoming meeting.
Mr. DePrima explained that the results desired is to bring properties into compliance and that it has not been proven that fining individual accomplishes compliance. Mrs. Townshend advised members that the majority of residents are incredibly responsive to notices of non-compliance. For several years, when there has been a non-compliance issue, the policy has been to issue two (2) notices and that when the third notice is issued, a summons is issued as well. She stated that staff would amend this policy, if it is determined to be the desire of City Council.
In response to Mrs. Russell, Mr. DePrima stated his feeling that if the policy is amended, there will be a lot of angry citizens and Council will ultimately return to the current policy.
The committee recommended that the practice currently in place be modified to give only one (1) warning and then the summons.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
The committee recommended adoption of the proposed ordinance amending Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units of the Zoning Code (Appendix B). (City Clerk’s Office Note: Members of Council considered the committee’s recommendation earlier in the meeting and referred the proposed ordinance amendment back to the Parks, Recreation, and Community Enhancement Committee for further study).
Explore Locations for Proposed Boys & Girls Club
During their meeting of September 11, 2007, members reviewed the possible sites for a magnet Boys & Girls Club and their pros and cons. Mr. DePrima explained that the intent of the presentation was to allow members the opportunity to digest the information for its consideration during their next meeting. He stated that staff does not have a separate presentation and advised members that staff participated in the review of the various site options and that their input has been included in the presentation.
Mr. Ruane relayed concern with the consideration of this matter since all members were not in attendance.
The committee tabled the matter until the November committee meeting.
Update - Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, advised members that the next Action Team meeting will be held during the latter part of October (31st). The URS Corporation has been collecting data that they were employed by the Conservation District to collect. He expects to review preliminary projects at the next meeting of the Action Team and that the delay in the meetings is due to the data collection. He anticipates providing members with a more detailed report during the committee meeting next month.
Update - John W. Pitts Recreation Center
Members were provided with a construction schedule prepared by Bob Smith Contractors, Inc. for the John W. Pitts Recreation Center. Mr. Carter, Director of Parks and Recreation, advised members that progress meetings were held on September 18, 2007 and October 2, 2007 and the John W. Pitts Recreation Center Project is currently on schedule for a January 2008 opening.
Update - Planning and Funding for New Library
Mr. Richard Thau, Library Director, advised members that during their meeting of September 11, 2007, members of the Council on Libraries recommended that the Dover Public Library be given the number one project rating for the state for the FY2009 in accordance with the construction requests that are submitted to the State of Delaware for the Bond Bill.
Responding to Mr. Ruane, Mr. Thau advised members that he along with library stakeholders, Mr. Carter, Mr. DePrima, and Mr. Ruane meet every two (2) weeks to communicate further information and that they are going to attempt to work with in-house resources, with the Library Director serving as the spokesperson for the movement to work with the development of the Library Committee.
Mr. DePrima reminded members that the committee recommended that approximately $180,000 be reserved from the Library account to hire a project coordinator as well as formulating a building committee. An RFP was issued for a project coordinator, only two (2) were qualified, a firm and an individual. He stated that interviews were conducted and it was determined that the firm did not qualify and unfortunately, a financial package could not be agreed upon with the individual. Therefore, staff recommended that the Library Director lead the new building construction effort and that the Senior Adult Librarian be promoted to a new capacity as an Operations Manager, under the guidance of the Library Director, to manage the day-to-day operations of the Library. This would also authorize the Library Director to serve as coordinator for the various services such as the public relations, grant writing, architectural design, programming, etc.
The committee recommended approval of the alternative plan as recommended by staff.
Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Hogan and unanimously carried.
Update - CDBG Program
Members were provided the status report on the FY 2006 and FY 2007 Program Funds Spent for the CDBG Program.
Mrs. Russell moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Hogan and unanimously carried.
TAX APPEALS COMMITTEE REPORT - OCTOBER 15, 2007
The Tax Appeals Committee met on October 15, 2007 with Chairman Ruane presiding.
Tax Stipulations
Stover Professional Park
Location: 11 parcels within the Stover Professional Campus (ED-05-077.00-03-01.00, ED-05-077.00-03-03.00, ED-05-077.00-03-04.00, ED-05-077.00-03-05.00, ED-05-077.00-03-06.00, ED-05-077.00-03-07.00, ED-05-077.00-03-08.00, ED-05-077.00-03-09.00, ED-05-077.00-03-10.00, ED-05-077.00-03-11.00, ED-05-077.00-03-12.00)
The committee recommended to accept the stipulated values for all eleven parcels, owned by Stover Professional Park, as shown on attached spreadsheet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Russell and carried by a unanimous roll call vote.
Beiser Group
Location: 3 parcels within the Gateway West Shopping Center (ED-05-076.11-01-03.04, ED-05-076.11-01-03.05, ED-05-076.11-01-03.06)
The committee recommended to accept the stipulated values for all three parcels, owned by Beiser Group, as shown on attached spreadsheet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Russell and carried by a unanimous roll call vote.
Franklin Everett
Location: 105 Mont Blanc Blvd. (ED-05-067.19-04-50.00)
The committee recommended to accept the stipulated value of this parcel, owned by Franklin Everett, as shown on attached spreadsheet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Russell and carried by a unanimous roll call vote.
West Dover Professional Park
Location: Lot 2 – Beiser Blvd. (ED-05-076.15-01-03.08(
The committee recommended to accept the stipulated value of this parcel, owned by West Dover Professional Park, as shown on attached spreadsheet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Russell and carried by a unanimous roll call vote.
Administrative
Clearview Meadows
Location: Clearview Meadow Subdivision – undeveloped lots (ED-05-077.07-01-01.00)
The committee recommended to accept the corrected value of this parcel, owned by First Development Group LLC, as shown on attached spreadsheet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Russell and carried by a unanimous roll call vote.
M & L Ventures
Location: Farm Land – 10 AC Lafferty Lane (ED-05-077.00-01-28.04)
The committee recommended to accept the exemption of this parcel, owned by M & L Ventures, as shown on attached spreadsheet.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Russell and carried by a unanimous roll call vote.
Appeal Process
Members requested a better understanding of the Appeal Process and Procedures to aid in the upcoming/ongoing appeals, and requested that more focus be given to the Commercial/Industrial Properties. Members were provided Tax Policy #3, adopted by City Council on November 13, 2006, and the State of Illinois Administrative Code. Mr. Capuano explained that he has used the Administrative Code in the past, and although it was good for the size and scope of the State of Illinois, he did not feel it would work as well for the City of Dover. Mr. Capuano stated that the residential properties are generally not an issue during the appeal process, due to the nature of the complaints. They are usually due to a factual error and can usually be corrected or negotiated between the Assessor’s Office and the property owner.
Responding to Mr. Ruane, Mr. Capuano explained the appeal process timeline, as follows:
Annual Appeal:
May 01 of each year, the Assessor’s Office displays the final values for the new assessment/tax year. Property owners are given fourteen (14) days to appeal their value. This date is given to them at the time assessment registers are displayed.
Supplemental Appeals:
On October 01, January 01, and April 01 of each year, the Assessor’s Office sends out Supplemental Bills to the property owners for new construction, permits, annexations, etc. At the time a supplemental bill is sent out, the property owner is given a “new” value. They are, in letter form, given fourteen (14) days from the date of the letter to appeal their value, if they so desire.
The fourteen (14) day appeal deadline is not in writing, but has been a precedent with the Assessor’s Office on the annual appeals for at least the past fifteen (15) years.
Mr. Capuano stated that any changes in the appeal process may affect the tax collection process. Members discussed alternatives for handling appeals.
The committee recommended for the Tax Appeal Process to be backed up to March 31st for initial annual change of assessment notices; the appellant has thirty (30) days (April 30th) to appeal any differences from the prior tax year; if the appellant requires an appraisal, an additional sixty (60) days for a commercial/industrial property will be given; and that this additional sixty (60) days will also be applied to Supplemental Billing for Commercial/Industrial properties, if the appellant requires an appraisal.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
In response to Mr. Ruane, Mr. Capuano concurred that there is a need for a tax lawyer in the City Assessor’s Office. Mr. Ruane directed Mr. Capuano to begin the RFP Process for the hiring of a tax lawyer and suggested that Mr. Capuano draft an Administrative Code for the Assessor’s Office for the City of Dover, with the lawyer representation included.
The committee recommended that Mr. Capuano be responsible for designing the Administrative Code on the Property Tax Appeal Process.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
The committee recommended that the Assessor’s Office obtain an independent, experienced, and qualified tax lawyer for Ad Valorem taxation and Realty Transfer Tax, separate and apart from the City Solicitor’s Office, to be available on a contractual and as needed basis to the Tax Office and the Committee on Tax Appeals.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Dover Mall Property Assessment Appeal
Mr. Ruane moved that the City Assessor’s Office be instructed to set a date for the Tax Appeals Committee to hear an appeal of the FY08 Reassessment of the properties known as the Dover Mall and the Dover Commons, seconded by Mr. McGlumphy and unanimously carried.
Mr. Ruane moved for acceptance of the Tax Appeals Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - SEPTEMBER 2007
By motion of Mr. McGlumphy, seconded by Mrs. Russell, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report (August and September)
Dover Fire Department Report
CIP Report (August and September)
QUARTERLY REVENUE REPORT
Mrs. Mitchell, Finance Director/Treasurer, reviewed the Revenue Report as of October 2007.
Mr. Slavin moved for acceptance of the Quarterly Revenue Report as of October 2007, seconded by McGlumphy and unanimously carried.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Section 46-43 of the City Code, members of Council were provided the semi-annual inspection report for the Robbins Hose Company, submitted by the City Manager, Mr. DePrima.
By consent agenda, Mr. McGlumphy moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, seconded by Mrs. Russell and carried by a unanimous roll call vote.
PROPOSED AMENDMENTS TO THE CITY OF DOVER ELECTRIC SERVICE HANDBOOK - PROPOSED INCREASES FOR RESIDENTIAL AND COMMERCIAL UNDERGROUND EXTENSION FEE
During their Regular Meeting of October 8, 2007, City Council tabled action on the proposed amendments to the City of Dover Electric Service Handbook in order to provide the developers the opportunity to review and comment. Members were reminded that the proposed amendments provide increases for residential and commercial underground extension fees.
Mr. Slavin moved to lift the matter from the table, seconded by Mr. McGiffin and unanimously carried.
Mr. DePrima advised members that several hundred letters were sent to electrical contractors and developers that these fees would affect. He stated that there were only two (2) inquiries as a result of the letters and that there were no objections to the proposed increases.
Mr. Ruane moved to authorized that the Electric Service Handbook be amended to reflect an increase in the Residential Underground Extension Fee from $850 per service to $1,200 per service and increasing the Commercial and Industrial Underground Extensions from $850 per electrical service to total material cost recovery. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote.
TITLE V GRANT - CRIMINAL JUSTICE COORDINATING COUNCIL - OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION (OJJDP)
During the Legislative, Finance, and Administration Committee meeting held earlier this evening, members considered a Criminal Justice Coordinating Council - Office of Juvenile Justice and Delinquency Prevention (OJJDP) Title V Grant in partnership with Aid in Dover, Inc. During the Regular Council Meeting of July 23, 2007, City Council authorized staff to apply for the grant; however, members requested that, if approved, the grant budget be submitted to the committee for their review. As requested, members were provided the grant budget.
The committee recommended that the budget in the amount of $53,540 be expended to commence the grant program.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Council President Williams abstaining).
EVALUATION OF BIDS
Members reviewed the following bids:
Tapered Steel Structures - Bid 08-0022DPU
In conjunction with the 69KV Feeders 3 and 4 Project, bids were solicited for the tapered steel poles and caisson bases for the construction of the transmission lines for Feeders 3 and 4, from Cartanza Substation to Route 1.
Staff recommended awarding the bid to the low bidder, Pelco Structural, for the purchase of tapered steel poles and caisson bases in the amount of $1,078,747.
Mr. Slavin moved for approval of staff’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
Cartanza Substation Structures - Bid 08-0023DPU
In conjunction with the 69KV Feeders 3 and 4 Project, bids were solicited for structural steel, switches, breaker, buswork, and related grounding materials needed to modify Cartanza Substation for the operation of Feeders 3 and 4.
Staff recommended awarding the bid to the low bidder, HD Supply Utilities, for the purchase of structural steel, switches, breaker, buswork, and related ground materials in the amount of $109,063.95.
Mr. McGiffin moved for approval of staff’s recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Cartanza Relay Panels - Bid 08-0024DPU
In conjunction with the 69KV Feeders 3 and 4 Project, bids were solicited for two (2) relay panels, miscellaneous connecting materials, and freight. Mr. DePrima advised members that the relay panels are for the line protection for feeders 3 and 4 and will be placed in the control house at the Cartanza Substation.
Staff recommended awarding the bid to the low bidder, Schweitzer Engineering Laboratories, Inc., for relay panels, miscellaneous connecting materials, which includes freight expenses, in the amount of $33,654.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
College Road Substation Expansion Package - Bid 08-0025DPU
Bids were solicited for structural steel, switches, buswork, insulators, and related grounding materials necessary for the construction of the new College Road Substation.
Staff recommended awarding the bid to the low bidder, HD Supply Utilities, for structural steel, switches, buswork, insulators, and related grounding materials for the new College Road Substation in the amount of $45,771.29.
Mr. McGiffin moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 19, 2007
The Robbins Hose Company election is scheduled for November 19, 2007. The following persons have been recommended to serve as judges for the election:
1. Harry Hayes 2. William Jacobs 3. Roderick Fesel (alternate)
By consent agenda, Mr. McGlumphy moved for approval of the appointment of judges for the Robbins Hose Company election, seconded by Mrs. Russell and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of October 8, 2007.
Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 4 - Downtown Parking, Section 106-212 - Parking Limitations
Mrs. Russell moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Slavin moved for adoption of the following ordinance, seconded by Mr. Hogan and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 4 - Downtown Parking, Section 106-212 - Parking Limitations be amended by inserting a new subsection (d) as follows:
(d)Towing of Vehicles. Vehicles parked in a time-limited zone in excess of 24 hours may be towed.
ADOPTED: OCTOBER 22, 2007
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Hogan advised members that on Saturday evening, October 27th, the Dover Kiwanis Club and the Delaware Agricultural Museum and Village will be sponsoring a “Goodies and Goblins” at the Agricultural Museum. He stated that this is a “trick-or-treat” event for children, ages 2-11. There will be a children’s Halloween costume review, with prizes. The event is from 5:00 p.m. - 6:30 p.m., prizes to be announced at 7:00 p.m. He requested that the City Manager include this announcement on the City’s Website.
Mrs. Russell announced that, in connection with the Weed and Seed Program, Hallelujah Night will be held at the Calvary Baptist Church on October 31st. Fun for the children begins at 6:30 p.m. and ends at 8:30 p.m. It was requested that this information also be included on the City’s Website.
Mr. Salters moved for adjournment, seconded by Mr. Slavin and unanimously carried.
Meeting Adjourned at 9:25 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 22, 2007, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
/TM
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