City Council Minutes - Regular City Council Meeting on 11/26/2007

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on November 26, 2007 at 7:30 p.m. with Councilman Salters presiding in the absence of Council President Williams. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Carey, 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. Councilman Salters declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.

Mrs. Russell moved for approval of the consent agenda, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

ADOPTION OF MINUTES - COUNCIL WORKSHOP OF NOVEMBER 5, 2007

The Minutes of the Council Workshop of November 5, 2007 were unanimously approved by motion of Mrs. Russell, seconded by Mr. McGlumphy and bore the written approval of Mayor Carey.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 13, 2007

The Minutes of the Regular Council Meeting of November 13, 2007 were unanimously approved by motion of Mrs. Russell, seconded by Mr. McGlumphy and bore the written approval of Mayor Carey.

PROPOSED RESOLUTION - APPLICATION FOR DESIGNATION AS A PRESERVE AMERICA COMMUNITY

Mr. Slavin advised members that Preserve America is a White House initiative to effectively grow grass-root support for historic preservation and issues in communities, especially for a variety of tourism and economic development issues. There are two (2) communities in the State of Delaware, the City of Lewes and the Town of Milton, that have achieved Preserve America status and, as such, are eligible for a significant amount of Preserve America grant funding available from the Federal Government. Staff prepared a proposed Resolution for the City of Dover to apply for the designation of City as a Preserve America Community.

By motion of Mr. Hogan, seconded by Mrs. Russell, Council, by a unanimous roll call vote (Council President Williams absent), adopted the following Resolution:

WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and

WHEREAS, the goals of this initiative include a greater shared knowledge about our Nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and

WHEREAS, this initiative is compatible with our community’s interests and goals related to historic preservation; and

WHEREAS, designation as a Preserve America Community will improve our community’s ability to protect and promote its historical resources

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

1.That the City of Dover, Delaware will apply for the designation of City as a Preserve America Community; and

2.That the City of Dover, Delaware will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs.

ADOPTED: NOVEMBER 26, 2007

PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS

A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that would establish a Source Water Protection Overlay Zone (SWPOZ), which addresses the “Wellhead Protection Areas” only (does not include the “Excellent Water Recharge Areas”).

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.

Members were advised that the Planning Commission recommended approval of the proposed amendments. City Clerk’s Office Note: During the Regular Council Meeting of October 22, 2007, a public hearing was scheduled to consider the adoption of proposed zoning text amendments that would establish a Source Water Protection Overlay Zone (SWPOZ), which effects 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. Based on several comments and other discussions that occurred since the Planning Commission meeting on October 15, 2007, 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 ordinance 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. Members of City Council, during their meeting of October 22, 2007, deferred the public hearing for the proposed zoning text amendment and referred the ordinance amending Article 3 - District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ), of the Zoning Ordinance, 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 on January 14, 2008. During a Special Utility Committee Meeting of November 6, 2007, members considered an alternative ordinance entitled “Wellhead Protection Only”. During their Regular Meeting of November 13, 2007, Council approved the committee’s recommendation for consideration of the adoption of the alternative proposed ordinance and that a public hearing be scheduled for November 26, 2007 at 7:30 p.m.

Mr. Koenig, Public Services Director, gave a presentation of the proposed zoning text amendments that would establish a Source Water Protection Overlay Zone (SWPOZ) which addresses the “Wellhead Protection Areas” only (Exhibit #1). He noted that the portion of the proposed amendments that address the “Excellent Water Recharge Areas” will be further considered by the Utility Committee and a separate public hearing will be held before City Council.

Mrs. Townshend reviewed the proposed zoning text amendment in detail. She explained that since members were not able to come to a consensus regarding the excellent recharge areas at this time, the alternative is presented for consideration. She reminded members that the State is requiring the City to adopt the Overlay Zone prior to the end of the year and that it was felt that the alternative may satisfy the requirement at this time. Mrs. Townshend referred to a letter, dated November 26, 2007, received from Mr. Barndt, Program Manager for Source Water and Wellhead Protection Programs for the Department of Natural Resources and Environmental Control (DNREC), which included recommended amendments to the proposed text amendment (Exhibit #2). She advised members that staff is in agreement with the recommended amendments.

Councilman Salters declared the hearing open. There being no one present wishing to speak during the public hearing, Councilman Salters declared the hearing closed.

Mr. Ruane moved to delete Section 29.51(p) in its entirety, seconded by Mr. McGlumphy and unanimously carried.

Mr. Ruane moved to delete the phrase “or substances” from Sections 29.83 and 29.93, seconded by Mr. Hogan and unanimously carried.

Mr. Ruane moved for adoption of the following ordinance, as amended, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Council President Williams absent) (the First Reading of the ordinance was accomplished during the Council Meeting of September 24, 2007):

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That Appendix B - Zoning Ordinance, Article 3 – District Regulations be amended by inserting the a new section as follows:

Section 29 Source Water Protection Overlay Zone (SWPOZ)

29.1 Purpose. The purpose of this Source Water Protection Overlay Zone is to provide a safe drinking water supply and to ensure that groundwater is adequately protected and maintained. The Overlay Zone’s purpose is to protect public health and safety by minimizing contamination of the aquifer and to ensure that the aquifer is property maintained and supplied with clean water through the reduction of impervious surfaces.

29.2 Definitions.

Aboveground Storage Tank (AST). An AST is a single containment vessel greater than 250 gallons as defined in the Delaware Regulations Governing Aboveground Storage Tanks. ASTs with a storage capacity greater than 12,499 gallons containing petroleum or hazardous substances, and ASTs with a storage capacity greater than 39,999 gallons containing diesel, heating fuel or kerosene are subject to the design, construction, operation and maintenance requirements of the Delaware AST regulations.

Hazardous Material. A material which is defined in one or more of the following categories:

Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline. Carcinogenic: A gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. Examples: PCB's in some waste oils.
Explosive: A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.
Highly Toxic: A gas, liquid, or solid so dangerous to man as to afford an unusual hazard to life. Example: chlorine gas. Moderately Toxic: A gas, liquid or solid which through repeated exposure or in a single large dose can be hazardous to man. Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

Underground Storage Tank (UST). An UST is one or a combination of Tanks including underground Pipes, the volume of which is 10% or more belowground, as defined in the Delaware Regulations Governing Underground Storage Tank Systems. The following USTs are not subject to the design, construction, operation and maintenance requirements of the Delaware UST Regulations: Residential Heating Fuel, Agricultural and Residential Motor Fuel USTs less than 1,100 gallons and any UST less than 110 gallons.

29.3 Use and Bulk Requirements. The uses and bulk standards which govern the underlying zoning designations attached to the properties within the Source Water Protection Overlay Zone shall apply in all instances except where uses are specifically prohibited by this section and except pertaining to Impervious Surface, Ground Cover, and Floor Area Ratio. Where issues of Impervious Surface, Ground Cover, and Floor Area Ratio are concerned, the provisions of the Source Water Protection Overlay Zone are the governing provisions, overriding the existing zoning for the property.

29.4 Zone Boundaries. This section of the Zoning Ordinance encompasses the lands demarcated on the City of Dover Zoning Map as set forth in Article 2 §2 of this Ordinance, as the Source Water Protection Overlay Zone.

29.5 Uses Prohibited. The following uses are specifically prohibited throughout the Source Water Protection Overlay Zone:

29.51 Uses Prohibited

a)Automobile body/repair shop, motor vehicle, boat or farm equipment service

b)Gas stations and motor vehicle service stations

c)Fleet/trucking/bus terminal

d)Dry cleaner

e)Electrical/electronic manufacturing facility

f)Machine shop

g)Metal plating/finishing/fabricating facility

h)Chemical processing/storage facility

i)Wood preserving/treating facility

j)Junk yard/scrap yard/salvage yard

k)Mines/gravel pit

l)Land divisions resulting in high density (>1 unit/acre) septic systems

m)Equipment maintenance/fueling areas

n)Injection wells/dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell

o)Underground storage tanks

p)All uses not permitted in the underlying zone district

29.6 Geothermal Wells. Geothermal wells are permitted uses within the Source Water Protection Overlay Zone in accordance with other City and State regulations.

29.7

Reserved

29.8 Tier 2: Primary Wellhead Protection Areas. Lands defined as Tier 2 lands, are areas which have been identified as Primary Wellhead Protection Areas.

29.81 Purpose and Intent. The purpose of the Primary Wellhead Protection Areas is to safeguard the potable water resources of Dover and Kent County and to safeguard the public health, safety, and resources through regulation of land use and development within zones of protection surrounding potable water supply well fields.

29.82 Areas within three hundred (300) feet of the well shall be one hundred (100) percent open space.

29.83 New development within five hundred (500) feet of the well must demonstrate that the new development will not produce, store, transfer or otherwise handle hazardous materials.

29.84 The Primary Wellhead Protection area around the well may be reduced to a one hundred and fifty (150) foot radius provided a hydrogeological report, prepared by a Delaware Registered Geologist and submitted to the satisfaction of the Delaware Geological Survey and the DNREC, is prepared. The report must certify that (1) the minimum 60-day time of-travel from a point to the public water supply well is maintained and (2) the well draws from a confined aquifer. Upon completion of such a report, the regulations governing Tier 1 lands within the Source Water Protection Overlay Zone will apply.

29.85 Runoff. The natural runoff flowing into wellhead areas shall be allowed and all new stormwater run-off shall be diverted around the wellhead protection areas wherever practical.

29.86 The stormwater system’s discharge to Tier 2: Primary Wellhead Protection Areas land shall be by sheet flow through a grassland or discharge from a stormwater management facility having a wetland or aquatic bench. Stormwater runoff from all parking areas shall be directed to a stormwater management facility before it is discharged into a Primary Wellhead Protection Area.

29.87 Boundary Disputes. For primary wellhead protection area boundary determinations, a site-specific geological and hydro-geological analysis shall be performed by a State-registered professional geologist and shall be based upon thorough site investigation, subsurface testing and other testing as may be determined appropriate by the City of Dover.

29.9 Tier 1: Secondary Wellhead Protection Areas. Lands defined as Tier 1 lands, are areas which have been identified as Secondary Wellhead Protection Areas. Secondary Wellhead Areas extend a buffer of 150 feet radius from the well point located in an area of the confined aquifer.

29.91 Purpose and Intent. The purpose of this Secondary Wellhead Protection Areas is to safeguard the potable water resources of Dover and Kent County and to safeguard the public health, safety, and resources through regulation of land use and development within zones of protection surrounding potable water supply well fields.

29.92 Open Space. Areas within fifty (50) feet of the well shall be one hundred (100) percent open space.

29.93 New development within seventy-five (75) feet of the well must demonstrate that the new development will not produce, store, transfer or otherwise handle hazardous materials.

29.94 The natural runoff flowing into wellhead areas shall be allowed and all new stormwater run-off shall be diverted around the wellhead protection areas wherever practical.

29.10 Intergovernmental Coordination

29.101 Review. The City of Dover, through the Development Advisory Committee, will coordinate with the Kent Conservation District and DNREC as necessary to ensure compliance with the Source Water Protection Overlay Zone.

29.102 Memorandum of Understanding. A Memorandum of Understanding must be kept and maintained between the City and any review agencies which evaluate the implementation of the required elements of the Source Water Protection Overlay Zone through the Development Advisory Committee process.

29.11 Data Distribution

29.141 The digital delineation of this overlay zone will be provided upon written request. Distribution of this information will be governed by the City of Dover’s Geographic Data Use and Distribution Policy.

29.12 Existing Development. Existing developed land which is located within the Source Water Protection Overlay Zone will be treated as a non-conforming use, subject to the provisions of Article 7.

29.13 Effective Date. The requirements of the Source Water Protection Overlay Zone shall apply to all site plan and subdivision applications filed after adoption of these requirements by City Council.

ADOPTED: NOVEMBER 26, 2007

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 13, 2007

The Parks, Recreation, and Community Enhancement Committee met on November 13, 2007 with Chairwoman Russell presiding.

Parks and Recreation/Open Space Plans - Review of Active Recreation Areas

In accordance with Article 5, Section 10, of the Zoning Code, all residential developments shall provide Open Space and an Active Recreation Plan, which must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Conditional Use Site Plan by the Planning Commission. Subsection 10.7 of Article 5, Section 10, of the Zoning Code requires that all areas planned for public dedication, or cash donations provided under this section, must be submitted to and approved by the Parks, Recreation, and Community Enhancement Committee and shall be subject to final review and approval by City Council prior to acceptance by the Planning Commission.

Members reviewed the following Active Recreation Areas:

Stonebrook East Planned Neighborhood Design

Members were provided an application for the Recreation Plan for Stonebrook East: Planned Neighborhood Design (PND) Development. Stonebrook East consists of 45.03^+/- acres of land located at the northeast corner of McKee Road and Denneys Road, north of the Mill Creek Subdivision. The applicant proposes the construction of 255 residential units (87 townhouses and 168 garden apartments), open space areas, community center, and street layout.

On behalf of the applicants, Chartwell Homes, Inc. and CLMS Development, Inc., Mr. Gregg Moore of Becker Morgan Group presented the Open Space and Active Recreation Plan for Stonebrook East (as on file in the City Clerk’s Office). It was noted that Stonebrook East and Stonebrook West (see next agenda item) will be interconnected. He noted, for clarification, that the plan has been modified to reflect that the residue area has not been incorporated into the open space/recreational area.

Members were advised that the overall Stonebrook Planned Neighborhood Design Development exceeds the minimum of 25% open space for a Planned Neighborhood Design Development by creating a series of open space areas, a community center, basketball court, swimming pool, gazebo, and children’s play structure. The Stonebrook East PND provides 23.78^+/- acres or 52.8% of the available land towards open space. Based upon the number of residential dwelling units proposed (255 units), this subdivision is required to provide 1.609^+/- acres (70,088 S.F.) of open space designed to function as Active Recreation space.

Upon review of the Open Space and Active Recreation Plan for Stonebrook East, the Department of Planning and Inspections Staff submitted the following recommendations:

1.Staff recommends approval of the Community Center Area, the Park Area and the associated amenities of club house, pool area, walking trail and gazebo, and hardtop court as the Active Recreation Areas for the Stonebrook PND. Staff recommends approval of the overall Open Space provided for the project. Recommendations suggested as conditions of this approval are listed below:

a.Staff recommends the addition of bicycle racks adjacent to the Clubhouse Building.

b.The community park area shows five ‘Green Giant Arborvitae' trees which will obscure the view of the park from the street. These should be relocated.

c.Recommend that play structure be selected for the 5-12 age group.

d.An extension of the walking path must be made to the tot-lot area.

e.The materials for the walking path in the community park providing access to the gazebo should be concrete sidewalk.

2.Staff recommends the repositioning of the clubhouse such that it faces Charlton Drive or has a side yard facing Charlton Drive. This will provide visibility of the main entrance from a public street.

3.The following items should be included on the Plan to clarify the construction of the recreation area improvements:

a.Provide a construction detail or specifications for the amenities such as the walking path construction including the width of the paths, hard court surface, etc.

b.All street trees must be relocated to the individual lot (side of the sidewalk) and not within the grass strip between the curb and sidewalk.

4.Staff recommends that street intersections with adjoining sidewalks should be made barrier free for access and include crosswalk markings in order to delineate pedestrian connections to the open space and recreation areas.

5.Identify the type of lighting proposed. The placement of street light style lamp posts may be more appropriate for certain areas especially in the vicinity of the gazebo and play structure.

6.The lawn areas should be appropriately planted (seeded or sodded) and maintained for active recreational activities.

7.Identify location of curb cut/driveway depression to allow for maintenance/equipment access to the park area. Due to size of grass area, larger tractor size equipment may be utilized in the maintenance activities.

8.The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units. (Zoning Ordinance, Article 5 §10.6)

Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.

9.There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.

10.In the event, that major changes and revisions to the Preliminary Subdivision Plan which affect the Recreation Plan occur in the review process and finalization of the Plan resubmittal may be required for review by the Parks Recreation and Community Enhancement Committee or other agencies and commissions making recommendations in regards to the plan.

Responding to Mr. Lewis, Mr. Moore stated that the relocation of the trees can be accomplished to provide visibility of children.

Mr. Moore concurred with staff’s recommendations with the exception of the repositioning of the clubhouse. He requested that the clubhouse remain positioned towards the parking.

Mrs. Melson-Williams, City Planner, explained that staff felt that the clubhouse should be positioned to face the public street rather than the pool. Responding, Mr. Moore stated that the concern is with parking, explaining that it is not desired for parking to occur on the roadway so that the main entranceway is not located where children will be walking back and forth. Mrs. Melson-Williams stated that it was staff’s hope that most individuals would be walking to the site. Responding to Mr. McGlumphy, Mrs. Melson-Williams stated that although staff would have no objections to the request, it was felt that the repositioning would provide for a better plan, since the clubhouse is meant for the entire community and not just the apartment residents.

With regards to front and back elevations, Mrs. Horsey stated that a back elevation can be designed to look like a front elevation. Responding, Mrs. Melson-Williams stated that such a design would be an option and that although staff has submitted their recommendation, the committee also serves as a recommending body to City Council. She explained that it was staff’s opinion that the recommendations would improve the plan by repositioning the clubhouse to the street, since it would serve as a public building.

The committee recommended approval of the open space/active recreation plan for Stonebrook East, as recommended by staff, with the exception of including the developers suggestion for the position of the clubhouse, stipulating that the back of the building appear as the front.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Stonebrook West Planned Neighborhood Design

Members were provided an application for the Recreation Plan for Stonebrook West: Planned Neighborhood Design (PND) Development. Stonebrook West consists of 88.97^+/- acres of land, located on the northwest corner of McKee Road and Denneys Road, east of the Carlisle Village subdivision and west of McKee Road. The applicant proposes the construction of a residential development consisting of 199 dwelling units (44 townhouses, 66 duplexes, and 89 single family homes). The northern portion of the property, consisting of approximately 21.3 acres located north of the Mudstone Branch is proposed to be retained by the owner.

Members were advised that the overall Stonebrook West Planned Neighborhood Design Development exceeds the minimum of 25% open space for a Planned Neighborhood Design Development with over 50 acres of open space. The open space includes active recreation areas, woodlands, wetlands, flood plain areas, and the area adjacent to the Mudstone Branch. Based upon the number of residential dwelling units proposed (199 units), this subdivision is required to provide 1.25 ^+/- acres (54,725 S.F.) of open space designed to function as Active Recreation space. The Plan provides for 3.76^+/- acres.

Upon review of the Open Space and Active Recreation Plan for Stonebrook West, the Department of Planning and Inspections Staff submitted the following recommendations:

1.Plan complies with the minimum acreage requirement for the Active Recreation Areas. The project plan also provides above the minimum 25% of total site area as Common Open Space.

2.Staff recommends approval of the general concept for the recreation area and its associated amenities of the gazebo, play structure (tot lot), hard court game surface, turf playground, and walking path as the Active Recreation Areas for the Stonebrook West PND. Recommendations suggested as conditions of this approval are listed below.

a.Provide a paved path (revise path surface material) from the sidewalk into the recreation area to access the gazebo and play structure area.

b.Provide a paved path to the gazebo entrance from the walking path.

c.Provide a paved path to the play structure area entrance from the walking path.

d.Recommend that play structure be selected for the 5-12 age group.

e.Adjust placement of at least one bench to be directly adjacent to the paved path.

f.Relocate some of the proposed evergreen tree plantings along Alexandra Drive to other areas of the subdivision to provide better visibility of recreation area.

3.The following items should be included on the Plan to clarify the construction of the recreation area improvements:

a.Provide a construction detail or specifications for the amenities such as the walking path construction including the width of the path, hard court surface, turf playground, etc.

b.Consider redesign and relocation of the connection of the walking path to the sidewalk system. A second link to the walking path as you approach from the south near Markland Drive is suggested.

c.All street trees must be relocated to the individual lot (side of the sidewalk) and not within the grass strip between the curb and sidewalk.

4.Identify the type of lighting proposed. The placement of street light style lamp posts may be more appropriate for certain areas especially in the vicinity of the gazebo and play structure.

5.The lawn areas should be appropriately planted (seeded or sodded) and maintained for active recreational activities.

6.Identify location of curb cut/driveway depression to allow for maintenance/equipment access to the park area. Due to size of grass area, larger tractor size equipment may be utilized in the maintenance activities.

7.The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units. (Zoning Ordinance, Article 5 §10.6)

8.There shall be provisions which insure that the common open space land including the active recreation areas shall continue as such and be properly managed and maintained. These provisions shall be in a form acceptable to the City of Dover. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on common open space and recreation facilities.

a.A note should be added to the Record Plan and other plan sheets indicating the responsible entity.

b.A note should be included on the Record Plan to indicate the Open Space areas.

9.In the event, that major changes and revisions to the Preliminary Subdivision Plan which affect the Recreation Plan occur in the review process and finalization of the Plan resubmittal may be required for review by the Parks Recreation and Community Enhancement Committee or other agencies and commissions making recommendations in regards to the plan.

The committee recommended approval of the open space/active recreation plan for Stonebrook West, as recommended by staff.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Blue Hen Apartments

Members were provided an application for the Active Recreation Area Plan for Blue Hen Apartments, which is being reviewed as a Site Development Plan. The property consists of 20.66^+/- acres of land located east of Bay Road, behind the Blue Hen Corporate Center. The applicant proposes the construction of 13 apartment buildings for a total of 162 units and a clubhouse building.

On behalf of the applicant, Blue Hen Apts., LLC, Mr. Gregg Moore of Becker Morgan Group presented the Open Space and Active Recreation Plan for Blue Hen Apartments (as on file in the City Clerk’s Office).

Upon review of the Open Space and Active Recreation Plan for Blue Hen Apartments, the Department of Planning and Inspections Staff submitted the following comments and recommendations:

1.The proposed plan meets the area requirements for the Active Recreation Area. The plan is required to provide 1.02 acres of Active Recreation Area and it is proposing 1.13 acres of Active Recreation Area.

2.Staff recommends approval of the swimming pool, clubhouse, and play area equipment (provided age of proposed equipment) with the swing set, benches, and other play equipment.

3.The following items should be included on the Plan to clarify the construction of the recreation area improvements:

a.A list of the proposed features needs to be provided on the Active Recreation Plan (i.e. the number of benches and the details of the items).

b.Show tree planting locations on the Recreation Plan.

c.Provide lighting around the play area.

d.Indicate if the area around the play area is grass. If it is a walkway into the site is needed for accessibility.

e.Lawn areas shall be appropriate planted (seeded or sodded) a maintained for active recreation activities.

f.Indicate the location of the access points into the play area.

4.Staff recommends the plan provide intraconnectivity (a sidewalk) between the dwelling unit buildings to the clubhouse and other Active Recreation Areas.

5.Staff recommends providing a walking path around the site. This could be in place of the basketball court to add a feature less age reliant. The walking path would allow for connectivity from the residential development to the Blue Hen Corporate Center.

6.In the event, that major changes and revisions to the Site Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. Examples include reorientation of building, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan.

7.The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.

8.There shall be provisions which insure that the common open space land (including active recreation area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.

a.Add a note on the Site Plan regarding who is responsible for maintenance, insurance and taxes on the common open space.

Mrs. Melson-Williams advised members that the plan has been revised and adjusted by the developer since staff prepared their comments and recommendations. Specifically, she stated that the original plan proposed a basketball court, which has since been eliminated from the plan by the developer.

Mr. Moore explained that although it has been agreed upon to eliminate the basketball court at this time, it remains on the plan since they would like to have this option if it is determined that such an amenity would benefit the neighborhood, which will be dependent upon the age group of residents.

Responding to Mr. McGlumphy, Mr. Moore assured members that the concerns of the residents of Schoolview have been taken into consideration and the plan developed to comply with their requests.

In response to Mr. Lewis regarding staff’s concerns with the basketball court, Mrs. Melson-Williams explained that there was concern due to its proximity to the rear of the Blue Hen Corporate Center and excessive parking available, which may invite users from other areas. She explained that there have been instances when these conditions have created police issues. Mrs. Townshend also stated that staff felt that there was a need for pedestrian opportunities; therefore, rather than an age specific activity, such as the basketball court, providing additional walking paths would prove to be more beneficial.

Mr. Moore questioned if the motion includes the understanding that although the basketball court would not be built initially, it would remain in the plan for possible inclusion at a later time. He explained that the basketball court must be considered during the calculation for the stormwater management, as it is an impervious surface. Responding, Mr. McGlumphy stated his understanding was that the basketball court would not be included in the plan at this time and that when and if it is desired, such a request would be presented at that time for consideration.

Ms. Fenorosky of Petinaro advised members that they would like to retain the option of the basketball court so that it can be accomplished if it is later determined to be the request of the residents. Responding, Mrs. Townshend noted that the concerns with regards to the basketball court, as previously mentioned, were located within developments where the recreation areas were managed by a homeowners association. She explained that this development is different in the sense that Petinaro will manage the development, including the recreation/open space areas.

Responding to Mr. Moore, Mrs. Townshend explained that a sidewalk waiver would be required to have the pedestrian walkway remain as proposed by the developer. Mr. Moore advised members that the placement of the walkway was developed with consideration for the adjacent Schoolview property owners.

The committee recommended approval of the open space/active recreation plan for Blue Hen Apartments, as recommended by staff, with the applicant working with staff on recommendations #4 and #5 regarding the walking paths and sidewalks.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Updates

Members were provided the following updates:

Puncheon Run Watershed Action Team Update

Mr. Koenig, Public Services Director, advised members that the Action Team meeting was held on October 31^st and that members were provided a very long and detailed engineering overview of all the options. Members will be reviewing the various options for commenting and will meet again to discuss the options. He stated that there is not one (1) single “fix” for the problem. There is work scheduled to occur in the basin, Governors Avenue project, and discussion with regards to removing vegetation on the southern end of the Puncheon Run. These actions are scheduled to occur this fall and early next year.

Mr. Koenig stated that the Action Team will be developing a series of recommendations and that, at this time, it is a matter of finalizing the projects, obtaining the necessary funding, etc.

John W. Pitts Recreation Center

Mr. Carter, Director of Parks and Recreation, advised members that it is important to have the building enclosed to begin the interior work. He stated that due to the rain, it may be difficult to meet the scheduled January 2008 opening. Noting that the report reflects a private donation being received in the amount of $25,000, Mr. Carter advised members that the correct amount should be $75,000, which was received from the Bieser-West Family.

Planning and Funding for New Library

Mr. Richard Thau, Library Director, provided an update on the planning and funding for the new library.

CDBG Program

Members were provided the status report on the FY 2006 and FY 2007 Program Funds Spent for the CDBG Program.

Responding to Mr. Lewis, Mrs. Harvey, Community Development Director, stated that once an applicant has been awarded the grant, the funds are required to be spent 60 days prior to the end of the current fiscal year.

2008 Comprehensive Plan Update

Mrs. Townshend, Director of Planning and Inspections, provided an update on the Comprehensive Plan development process for the 2008 Comprehensive Plan. At the next meeting, it is her intention to provide members with an outline of the various chapters and the responsible staff person as well as committee assignments.

By consent agenda, Mrs. Russell moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 13, 2007

The Legislative, Finance, and Administration Committee met on November 13, 2007 with Chairman Slavin presiding.

Review of 2005 Charter Review Committee Recommendations - Article I. General Provisions

During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.

As scheduled, members considered the recommendations to Article II - Mayor and Council, of the Dover Charter, as follows:

Section 4, City Charter - Government Vested in Mayor and City Council (Section 2.01, Model City Charter - General Powers and Duties.)

The committee recommended that Section 4 be replaced with Section 2.01, as stated in the Model City Charter, including the title.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 5, City Charter (1^st paragraph) - Council to be Legislative Body

Members considered the possibility of the 1^st paragraph of Section 5 being moved to appear with Section 6.02(a) of the Model City Charter.

It was the consensus of members that the 1^st paragraph of Section 5 follow Section 4, and that it not be included at Section 6.02(a) of the Model City Charter.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 5, City Charter (5^th paragraph) - Qualifications (Section 2.02, Model City Charter - Eligibility, Terms, and Composition - (a) Eligibility

The committee recommended retaining the language in Section 5 (5^th paragraph) rather than Section 2.02 of the Model City Charter, amending subsection (4) by replacing “Twenty-one (21)” with “Eighteen (18)”.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 5, City Charter (3^rd and 4^th paragraphs) - Terms of Mayor and Councilmen (Section 2.02, Model City Charter - Eligibility, Terms, and Composition - (b) Terms

It was noted that the 2005 Charter Review Committee recommended that the term for the Mayor be extended from two (2) to four (4) years.

Mr. McGiffin suggested that any changes recommended for the Mayor or of that position should be inclusive in their consideration rather than it being accomplished piecemeal.

After much discussion regarding the terms for both the Mayor and Council being increased to four (4) years, with the stipulation that a recall provision be added (to Section 6.04 of the Model City Charter), Mr. Slavin indicated that members could return to this Section for further consideration at a later time.

Section 5, City Charter (2^nd paragraph) - Size; Districts (Section 2.02, Model City Charter - Eligibility, Terms, and Composition - (c) Composition)

Mr. Slavin felt that the size and district issue should have the input of the NAACP and suggested that action be deferred and that representatives of the NAACP be invited to attend a meeting to further discuss this issue.

It was the consensus of members that consideration of the size and districts should be deferred to allow representatives of the NAACP to attend a meeting to further discuss this issue.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 14, City Charter - Duties of Mayor (Section 2.03, Model City Charter - Mayor, Subsection (a) Powers and Duties)

The committee recommended retaining the language of Section 14 rather than Subsection (a) of Section 2.03 of the Model City Charter.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 53, City Charter - Police; Mayor to be Conservator of Peace

The committee recommended retaining the language of Section 53 of the City Charter.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 15, City Charter - Council President/Vice-Mayor, Duties of (Section 2.03, Model City Charter - Mayor, Subsection (b) Election - Mayor Elected At-Large)

The committee recommended retaining the language of Section 15 rather than Subsection (b) of Section 2.03 of the Model City Charter.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Section 12, City Charter - Compensation and Expenses - Mayor and Council and Other Elected or Appointed Officials (Section 2.04, Model City Charter - Compensation; Expenses)

Members were advised that during their meeting of July 20, 2006, the 2005 Charter Review Committee recommended the establishment of a Compensation Commission. Mrs. McDowell, City Clerk, advised members that the 2005 Charter Review Committee recommended adoption of a Resolution establishing the Compensation Commission, which was provided to members for their review.

Prior to taking action, Mr. Slavin requested that the City Clerk provide members with the July 20, 2006 Minutes of the 2005 Charter Review Committee. He suggested that the Compensation issue be considered by members during their next meeting.

Due to time constraints, Mr. Slavin stated that members will review the remainder of the items, as well as continue their review of the 2005 Charter Review Committee Recommendations, in accordance with the schedule adopted.

Itron Mobile Lite Meter Reading Collection System - Sole Vendor

Members were advised that the portable Itron Mobile Lite Collection System demonstrates the advances in wireless meter reading technology and replaces the original system proposed in the CIP. The Mobile Lite System is a result of the advancement of portable collection technology and, unlike the original system, is designed for a utility the size of Dover. This system will maximize operational efficiency, reduce costs, and improve performance. The portable unit does not require installation and can be transferred between vehicles.

The City currently uses Itron handheld metering devices and the meters are compatible with these devices; therefore, due to the City’s investment in meters and electronic reading devices, this would be a sole vendor purchase. The quote received for the Mobile Lite Collection System is as follows:

Two Mobile Lite Units at $10,000 each $20,000

Upgraded Replacement Handheld Devices 4,300

Mobile Lite Portability Kit 400

Total Cost $24,700

Mrs. Tieman, Senior City Administrator, advised members that readings that would take two (2) hours for the meter readers would be reduced to half an hour by using the new devices. Responding to Mr. McGlumphy, she stated that the City could eventually eliminate one (1) to two (2) meter reading positions as a result of the use of the readers, which would be accomplished through attrition (due to retirement) or transfers.

Staff recommended approval of the purchase of two (2) Itron Mobile Lite meter reading collection systems, mobile life portability kit, and one (1) handheld meter reading device, in the amount of $24,700. It was noted that the plan would be to have the system installed and in use by June 30, 2008.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Review of Budget Instruction Package

Mrs. Tieman, Senior City Administrator, reminded members that during the recent Budget Post-Mortem, members of Council requested the opportunity to review the Budget Instruction Package. For clarification, Mr. Slavin explained that the package is provided to staff members for preparation of the draft budget, which is then presented to members of Council.

Mrs. Tieman explained the instruction package, including the instructions that are provided to staff for the development of their budget, as well as the budget calendar for FY 2008-2009.

Draft Comprehensive Annual Financial Report

Members were provided a Draft of the City’s Comprehensive Annual Financial Report for the year ending June 30, 2007, which was also provided to the City’s audit firm Faw, Casson, & Company, LLC. Mrs. Teal, Assistant Finance Director, distributed a summary and explained that the statistical section, divider tabs, and page numbers, as well as any changes recommended by the auditors, still need to be completed. She advised members that since the draft was prepared, negotiations with Duke Energy have been finalized; therefore, according to the auditors, it is necessary for some of the electric amounts to be corrected.

The final draft is expected to be completed and presented to members of the committee on November 26^th. Mrs. Teal suggested that members peruse the financial section, which summarizes the financial activities for the year, to gain an understanding.

Due to time constraints and the length of the report, Mr. Slavin requested that members be given additional time to review the report and that this matter be brought back to the committee for further review during their next meeting.

Bond Engineering Consultant Proposal

Members were reminded that the City of Dover Electric Bond Resolution requires the City to retain an independent engineering consultant to annually inspect the City’s electric system and to review the electric budgets and insurance program to ensure proper fiscal operation.

Mrs. Teal, Assistant Finance Director, stated that the contract was bid; however, only one (1) responsive proposal was received from Burns & McDonnell for a three (3) year contract, as follows: 1) 2007 - $15,500; 2) 2008 - $16,000; and 3) 2009 - $16,500, for a total firm fixed price in the amount of $48,000 for a three (3) year contract. Staff has determined that the proposal is based on adequately priced competition and is considered reasonable based on historical pricing for the same type effort. Burns & McDonnell has completed the Engineering Consultant Report for the City since 2002 and hase the previous experience to provide a thorough and cost effective study.

Staff recommended awarding a three (3) year contract to Burns & McDonnell (2007 - $15,500; 2008 - $16,000; and 2009 - $16,500) for a total amount of $48,000.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

Finance Procedures Regarding Grants and Grant Management

Members were provided revised Grant Application Procedures (#F317), developed by the Finance Director/Treasurer, which now include a “Decision Making Process” Form that was requested by City Council.

The committee recommended adoption of the Grant Application Procedures (#F317) as presented by staff.

By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

By consent agenda, Mrs. Russell moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.

MONTHLY REPORTS - OCTOBER 2007

By motion of Mrs. Russell, seconded by Mr. McGlumphy, 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

Dover Fire Department Report

IUE CONTRACT SETTLEMENT

Mr. DePrima, City Manager, provided members with detailed proposed changes to the IUE-CWA/City of Dover Contract Settlement Terms and reviewed the major changes to the contract (Exhibit #4). Staff recommended approval of the IUE Contract Proposal, which has been ratified by the Union.

Responding to Mr. Ruane, Mr. DePrima stated that the City’s current budget includes adequate funds and will not require additional funds for the items included in the Contract.

Mr. Slavin moved to ratify and confirm the settlement with the IUE-CWA (Exhibit #5) outlining the six (6) bullet points presented. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Council President Williams absent).

ELECTION RESULTS - 2007 SPECIAL AT-LARGE MUNICIPAL ELECTION

Mrs. McDowell, City Clerk, reported the results of the 2007 Special At-Large Municipal Election held on November 20, 2007, as follows:

AT-LARGE COUNCIL

Prameela D. Kaza 393

Thomas J. Leary 674

Total District Votes Cast 1,067

Total Registered Voters19,596

Mr. Hogan moved for approval of the Election Results as reported by the City Clerk. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote (Council President Williams absent).

ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2008 FIRE LINE OFFICERS

The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 19, 2007 Robbins Hose Company Election for consideration as follows:

Fire Chief - David Carey

Deputy Fire Chief - Sean Christiansen (uncontested)

First Assistant Fire Chief - Paul Strochine (uncontested)

Second Assistant Fire Chief - Glenn Whitt (uncontested)

Third Assistant Fire Chief - Mike O’Connor, II (uncontested)

Fourth Assistant Fire Chief - Benjamin Smetana (uncontested)

First Fire Line Captain - Joseph Simmons

Second Fire Line Captain - Cole Enright (uncontested)

By consent agenda, Mrs. Russell moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2008, as submitted, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Council President Williams absent).

COUNCIL MEMBERS ANNOUNCEMENTS

Mr. Hogan congratulated Mr. Leary on his recent election to serve as the At-Large Councilman and thanked Mrs. Kaza for her efforts.

Mr. Slavin extended congratulations to Delaware State University football team for a great season and suggested that the Mayor issue a proclamation to Dr. Sessom, the football coach, and team members.

Mr. McGlumphy moved for adjournment, seconded by Mr. Hogan and unanimously carried.

Meeting Adjourned at 8:15 P.M.

TRACI A. McDOWELL

CITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of November 26, 2007, are hereby approved.

CARLETON E. CAREY, SR.

MAYOR

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Exhibits Attached to Original Minutes and File Copy

Exhibit #1 - Presentation - Source Water Protection Overlay Zone (SWPOZ) the “Wellhead Protection Areas”

Exhibit #2 - Letter of November 26, 2007 from Mr. Barndt (DNREC)

Exhibit #3 - Grant Application Procedures (#F317)

Exhibit #4 - IUE-CWA/City of Dover Contract Settlement Terms (Major Items)

Exhibit #5 - IUE-CWA/City of Dover Contract