REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 12, 2009 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters and Mr. Ruane.
Council staff members present were Police Captain Sammons, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Christiansen, Mr. DePrima, Ms. Erin Fitzgerald (City Solicitor’s Office), 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 Hogan 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 Kevin George of the Bahai Faith, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Slavin moved for approval of the agenda as presented, seconded by Mrs. Russell and unanimously carried.
Mr. Slavin moved for approval of the consent agenda, seconded by Mr. Leary and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF DECEMBER 1, 2008
The Minutes of the Council Workshop of December 1, 2008 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Leary and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 8, 2008
The Minutes of the Regular Council Meeting of December 8, 2008 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Leary and bore the written approval of Mayor Carey.
PRESENTATION - RECOGNITION OF SERVICE - MICHELLE LEE - DOVER HUMAN RELATIONS COMMISSION
On behalf of members of Council, Mayor Carey presented Ms. Michelle Lee with a Certificate of Appreciation in recognition of her service on the Dover Human Relations Commission, from August 13, 2007 through November 10, 2008, as read into the record by the City Clerk, as follows:
CERTIFICATE OF APPRECIATION
Presented to
MICHELLE LEE
for her service
on the
Dover Human Relations Commission
Your public service, selflessness, and talents
have increased the quality of life for your
neighbors, and all of Dover
January 12, 2009
PRESENTATION - RECOGNITION OF SERVICE - REPRESENTATIVE DONNA STONE
On behalf of members of Council, Mayor Carey presented a Certification of Recognition and a Dover Cup to Representative Donna Stone for the many years of continued public service she has provided to the community. The Certificate was read into the record by Mayor Carey, as follows:
CERTIFICATE OF RECOGNITION
Presented to
DONNA STONE
for your many years of continued public service to our community.
With many thanks, from the City of Dover.
Representative Stone stated that it has been her honor to serve for 14 years, representing the 32nd District, in the Delaware General Assembly. She stated that the relationship between the City of Dover and State of Delaware has resulted in much success for both entities. Referring to the Revenue Sharing Legislation she introduced, Representative Stone explained that the legislation has allowed the cities and counties to provide many services to their citizens without raising taxes. She thanked members for the recognition and, although she will not be a member of the General Assembly, she will continue to be an active member of the community and offered her assistance to anyone.
PRESENTATION - RECOGNITION OF SERVICE - SENATOR JOHN STILL
On behalf of members of Council, Mayor Carey presented a Certificate of Recognition and a Dover Cup to Senator John Still for the many years of continued public service he has provided to the community. The Certificate was read into the record by Mayor Carey, as follows:
CERTIFICATE OF RECOGNITION
Presented to
JOHN C. STILL, III
for your many years of continued public service to our community.
With many thanks, from the City of Dover.
Senator Still stated that during his 20 years of service with the Delaware General Assembly, much had been accomplished between the State and the City. He relayed his appreciation for the recognition and that it has been an honor and privilege to have worked with the City of Dover.
PROCLAMATION - HUMAN RELATIONS AWARENESS MONTH
The City Clerk read the following proclamation into the record:
WHEREAS, the American Declaration of Independence refers to “unalienable rights” which all humans possess; and
WHEREAS, the Constitution, Bill of Rights, and subsequent amendments have identified and expanded the rights and freedoms which the U.S. government must protect; and
WHEREAS, Delaware continues to take a leadership role in the elimination of all forms of discrimination through its State Human Relations Commission; and
WHEREAS, Governor Ruth Ann Minner has declared the month of January 2009 as Human Relations Awareness Month in the State of Delaware; and
WHEREAS, the Dover Human Relations Commission serves the local community through promoting tolerance, understanding, and intergroup cooperation.
Therefore I, Carleton E. Carey, Sr., Mayor of the City of Dover, Delaware, do hereby proclaim the month of January 2009 as HUMAN RELATIONS AWARENESS MONTH and urge all citizens of the city to be dedicated to justice and equality for all.
Mayor Carey presented the Proclamation to Dr. Hoff, Chairman of the Dover Human Relations Commission.
Dr. Hoff advised members of the recent comments made by Governor Minner indicating assurance of the State’s efforts to prevent discrimination and foster inter-group relations and tolerance and understanding would continue at the State level. He assured members that these efforts will also be continued at the local level with the Dover Human Relations Commission.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1002 AND 1008 SOUTH GOVERNORS AVENUE AND 210 AND 218 WYOMING AVENUE, OWNED BY GOVERNORS AVENUE REALTY, LLC AND JANICE L. SOSNOWSKI
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1002 and 1008 South Governors Avenue and 210 and 218 Wyoming Avenue (Governors Avenue Animal Hospital), consisting of four (4) parcels totaling 0.8379+/- acres (36,497 +/- square feet), owned by Governors Avenue Realty, LLC and Janice L. Sosnowski. The properties are currently zoned C-1 (Neighborhood Commercial) and the proposed zoning is C-1A (Limited Commercial).
Mr. Leary moved that the final reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. Slavin and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of November 24, 2008).
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). She noted that the Planning Commission recommended approval of the rezoning request.
Correspondence
Mrs. Townshend noted the receipt of an e-mail from Ms. Ruth Ann Miller, 1033 S. Bradford Street, dated November 17, 2008 (Exhibit #2), as well as a letter from Dr. Joel Halpern, 885 S. Governors Avenue, dated November 24, 2008 (Exhibit #3), both in support of the rezoning application.
Public Hearing
Council President Hogan declared the hearing open.
Mr. Garth Jones of Becker Morgan Group, 309 South Governors Avenue, who serves as the architect and engineer for the project, indicated support of the rezoning request. He stated that the rezoning will allow the Governors Avenue Animal Hospital the ability to expand. He advised members that the stie plan will also correct the parking situation that currently exists. Mr. Jones introduced Drs. Foor, Sosnowski, and Orth, with the Animal Hospital, who also support the rezoning.
Council President Hogan declared the hearing closed.
Mr. Slavin moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance:
CITY OF DOVER ORDINANCE #2008-42
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1002 AND 1008 SOUTH GOVERNORS AVENUE AND 210 AND 218 WYOMING AVENUE (GOVERNORS AVENUE ANIMAL HOSPITAL)
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-1 (Neighborhood Commercial Zone) to C-1A (Limited Commercial Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-1 (Neighborhood Commercial Zone) to C-1A (Limited Commercial Zone) on that property located at 1002 and 1008 South Governors Avenue and 210 and 218 Wyoming Avenue (Governors Avenue Animal Hospital) consisting of 0.8379 +/- acres, owned by Governors Avenue Realty, LLC and Janice L. Sosnowski.
ADOPTED: JANUARY 12, 2009
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS (PROPOSED ORDINANCE SS#2 TO #2008-39)
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that would require a smaller amount of active recreation for smaller properties with a higher density and for properties located within the Downtown Redevelopment Target Area. Mrs. Townshend, Director of Planning and Inspections, advised members that the Planning Commission recommended approval of the proposed amendments as submitted with the exception that the words starting with “may” on line 21 to “and” on line 22 be excluded from the proposed ordinance.
Mr. Leary moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried. (The First Reading of these ordinances was accomplished during the Council Meeting of November 24, 2008).
Mrs. Townshend, Director of Planning and Inspections, reviewed the petition to amend the zoning ordinance text and the findings and recommendations of the Planning Commission (Exhibit #4). She noted that during the Planning Commission meeting of December 15, 2008, members were provided correspondence submitted by Constantine Malmberg, 30 The Green, relaying support of the ordinance but expressed one concern, as follows: that the requirement of a minimum of 2,500 SF of required Active Recreation Area in the proposed Article 5 Section 10.515 does not work for smaller developments and would make two (2) of his future projects economically unfeasible (copy of letter was provided to members in the packet). As a result, she stated that the Planning Commission recommended approval of the zoning ordinance as submitted with the exception that the words starting with “may” on line 21 to “and” on line 22 be excluded from the proposed ordinance.
Council President Hogan declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Hogan declared the hearing closed.
Mr. Slavin moved for approval of the amendment as recommended by the Planning Commission to exclude the words starting with “may” on line 21 through “and” on line 22, seconded by Mrs. Williams.
Mr. Ruane expressed opposition to the proposed amendment to the zoning ordinance. He referred to the Parks, Recreation, and Community Enhancement Committee’s recommendation of November 10, 2008, and indicated their approval of Staff’s Substitute Amendment #2 to Ordinance #2008-39. It was his understanding that no matter what the size is of a facility, there should be a requirement for some active recreation space. It was his feeling that the principle of the ordinance would be subverted by removing any requirement and allowing cash to be utilized for fear that cash will become a substitute for providing the requirement for such facilities.
Mr. Salters stated his opinion that in areas where there is high density, there is not the luxury of space available for recreation. He reminded members that the amendments are to assist the City in the development of the downtown area, which does not contain the land area to accommodate large open spaces. He noted that by requiring developers to provide a cash in lieu of the open space, these funds often assist in the City’s overall recreation programs. Mr. Salters indicated his support of the proposed amendment to the zoning ordinance.
Mr. McGlumphy stated that he would support the proposed amendment with the stipulation that the funds obtained are strictly used for recreational uses and that the amount of funds required of developers are established.
The motion to approve the amendment as recommended by the Planning Commission to exclude the words starting with “may” on line 21 through “and” on line 22 was carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ruane).
Mrs. Williams moved for approval of the Ordinance SS#2 to #2008-39, as amended and recommended by the Planning Commission. The motion was seconded by Mr. Leary and by a unanimous roll call vote, adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning Ordinance, Article 5 - Supplementary Regulations, Section 10 - Open Space, Recreation and Other Public Facilities, Subsection 10.5 - Exemption to Recreation Area and Open Space Dedication be amended by adding new subsections 10.514 and 10.515, as follows:
10.514 Residential developments of ten (10) or fewer acres with a density over six units per acre. These developments shall be exempt from the area requirements set forth in section 10.16, but shall be required to provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. If the commission determines that the construction of some or all of the required active recreation area is not practical or desirable, the commission shall require a cash in lieu donation for the active recreation area determined as not practical or desirable. Cash in lieu amount shall be in accordance with subsection 10.173 of this article.
10.515 Residential developments located within the Downtown Redevelopment Target Area as defined in Appendix C. These developments shall be exempt from the area requirements set forth in section 10.16, but shall be required to provide 75 square feet of active recreation area per dwelling unit with a minimum of 2,500 square feet provided on site. If the commission determines that the construction of the entirety of the required active recreation area is not practical or desirable, the commission shall require a cash in lieu donation for the active recreation area determined as not practical or desirable. Cash in lieu shall be calculated in accordance with subsection 10.173 of this article.
ADOPTED: JANUARY 12, 2009
PRESENTATION - STATUS REPORT ON THE NEW ANCHOR LIBRARY
Ms. Marjorie Cyr, Director of the Dover Public Library, reminded members that since August 2008, the City has been working on the development of plans for the new Library for the City of Dover, by working with the firm of Holzman Moss Architecture. Ms. Cyr introduced Ms. Sullivan, Ms. Waters, and Ms. Roe of Holzman Moss Architecture. Members were provided a presentation reviewed by Ms. Sullivan and Ms. Waters (Exhibit #5). It was noted that there were diagrams that would be made available for public review after the presentation.
Ms. Sullivan advised members that her firm has been working with Becker Morgan Group in the development of the plans for the new anchor library and advised members of the benefits of the new library. She indicated that the plan is to create a multi-generational facility. Ms. Waters explained the process involved with the development of the new library, and although there has been no design developed, she indicated that they are approximately 75% complete in this process. She stated that several meetings have been held and objectives developed. Ms. Waters indicated that the schematic design should be completed by the end of March 2009 for both the exterior and interior of the facility, along with completion of a much more developed total project cost model at that time.
Council President Hogan relayed appreciation for the presentation.
PROPOSED COUNCIL RESOLUTION NO. 2009-03 - CREATION OF THE DOVER LIBRARY FOUNDATION
Members were provided a proposal Resolution (No. 2009-03) that would create the Dover Library Foundation. Mr. DePrima, City Manager, explained that the purpose of the proposed Resolution is to create a foundation to help raise private donations for the new anchor library. Adoption of the Resolution would allow for the creation of non-profit corporation for the purpose of receiving and expending funds for the construction of the new anchor library and appoints members to the Foundation.
Responding to Mr. Slavin, Mr. DePrima explained that if grant monies are received, the grant must be turned over to the City to expend. Mr. Slavin cautioned that if a recipient of grant money does not actually expend, but in effect grants the money, they may not be classified as a 501(c)(3). He suggested that “501(c)(3)” be deleted from line 7 of the proposed Resolution so that it references only a “non profit corporation” and allow the IRS to determine if the Foundation classifies as a 501(c)(3). Mr. DePrima indicated no objections to the recommendation.
In response to Council President Hogan, Mr. DePrima stated that the need for the Foundation may cease once the new library is complete; however, there may be a desire for it to continue for the purpose of creating an endowment for future maintenance.
Should there be a desire to continue the Foundation beyond construction to continue to assist the library, Mr. McGiffin relayed concern with the limitations for funds, as included in the proposed Resolution. He suggested that line 8 include “and maintenance” after the word “construction”. Mr. Slavin felt that “operations” should also be included. Mr. DePrima relayed no objections to the recommendations.
Mr. Salters moved for approval of Resolution #2009-03 proposing the creation of the Dover Library Foundation, as amended, seconded by Mr. McGiffin and by a unanimous roll call vote, Council adopted the following Resolution:
COUNCIL RESOLUTION NO. 2009-03
A RESOLUTION PROPOSING THE CREATION OF THE DOVER LIBRARY FOUNDATION
WHEREAS, the City of Dover and the State of Delaware have committed to the funding and construction of a new Dover Library; and
WHEREAS, a group of citizens, including city officials, has formed for the purpose of raising funds from individuals, corporations, and foundations for the construction of a new Dover Library; and
WHEREAS, in order to raise funds more effectively, this group of citizens wishes to form a non-profit corporation to receive funds on behalf of the new Dover Library, and to expend those funds toward the construction, maintenance, and operation of the new Dover Library.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. City Council hereby formally authorizes the creation of the non-profit corporation named Dover Library Foundation for the purpose of receiving and expending funds for the new Dover Library, its accounts and funds to be kept and managed by the City of Dover Controller.
2. The Foundation shall consist of the following members:
Gwen Elliot
N.C. Vasuki
Dorothy Snyder
Jim Stewart
Councilman Eugene Ruane
Controller/Treasurer, Donna Mitchell
City Manager, Anthony DePrima
Parks and Recreation Director, Zachary Carter
President of the Friends of the Dover Library, John Olenik
3. Additional Board members may be selected by the original Board. The original Board members shall serve indefinitely until replaced by majority vote of the Board. New members to the Board shall be elected by majority vote of the Board.
ADOPTED: JANUARY 12, 2009
SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - DECEMBER 1, 2008
A Special Safety Advisory and Transportation Committee Meeting was held on December 1, 2008 with Chairman Leary presiding.
Request for Waiver from Land Subdivision Regulations - Lot Frontage - College Business Park: Parcel B
Members were provided a waiver request to allow the creation of a lot without public street frontage for Parcel B within the College Business Park (part of 1221 College Park Drive), located north of College Road and east of College Park Drive, adjacent to the railroad corridor. The proposed parcel configuration to subdivide Parcel B does not result in the lot having frontage on a public street; therefore, the applicant has requested a waiver under the provisions of Article VII - Special Provisions, A - Variance and Waiver, of the Land Subdivision Regulations.
Mrs. Melson-Williams, City Principal Planner, explained that the developer has requested the subdivision of a property within the College Business Park known as Parcel B into two lots consisting of 4.6580+/- acres (B1) and 0.7942+/- acres (B2), which totals 34,596 S.F. of land. This would allow each building to be located on an individual lot: the existing building on Parcel B1 and the proposed building on Parcel B2. With regards to the Minor Subdivision Plan, she stated that the proposed parcels are in compliance with the lot requirements of the Zoning Ordinance. The two lots, as proposed, will exceed the 10,000 S.F. minimum lot area and comply with the setbacks and floor area ratio. The lot coverage percentage must be calculated for each parcel to confirm that the maximum of 70% is not exceeded. She noted that the overall Parcel B post-development plan proposed a lot coverage of 62%; it appears that each parcel, B1 and B2, will continue to comply with the lot coverage maximum.
Mrs. Melson-Williams advised members that, in accordance with Article VI Subdivision - General Requirements and Design Standards, Section E - Lots, of the Land Subdivision Regulations, Item 5 requires "All lots in a subdivision shall have frontage on a public street." She stated that access to Parcel B2 would be via a 24 foot wide cross access easement through the existing parking lot of Building 1 (Parcel B1) from College Park Drive. She noted that College Park Drive is a private street (as approved by City Council in 1993) and is subject to an established association for its care and maintenance by all properties taking access from it. A copy of the Record Plan and the associated Site Plan were provided to members for informational purposes.
Staff recommended approval of the waiver request to create a lot (Parcel B2) without public street frontage, recognizing the development of this area as a business park. The business park concept already established includes cross access links between properties, shared stormwater management
facilities, other easements, and an association responsible for the maintenance of the private street
(College Park Drive). In order to achieve any street frontage for Parcel B2 as a lot for a single building, an odd property line configuration resulting in a lack of compliance with lot width requirements, potential setback issues, and subdividing a parking lot would be the result. The configuration for Parcel B2, as presented with the waiver of lot frontage, is the better option for clarity.
The Planning Commission recommended approval of the waiver to allow the creation of a lot (Parcel B2) without public street frontage.
The committee recommended approval of the Planning Commission’s recommendation.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Recommendations from the Route 8 Study (including a new connector between Kenton Road and Independence Boulevard)
Members were provided the Executive Summary of the Delaware 8 Concept Plan and Operations Study. Mr. James Galvin of the Dover MPO reviewed a Presentation which included recommendations with regards to the preferred alternative for the Delaware 8 Corridor. In addition, he reviewed a map depicting the proposed roadway. Mr. Galvin indicated that the next steps would be to begin implementation of the recommendations, include elements of the Plan in the long range Regional Transportation Plan, and to include appropriate elements in the shorter range Transportation Improvement Plan.
Responding to Mr. Davis, Ms. Wieczorek, Director of the Dover/Kent County MPO, reiterated that the presentation consists of a Concept Plan only at this time. As a result, no rights-of-ways have been acquired for any of the projects, nor have the projects been included on DelDOT’s list of “things to do” yet; however, it is hoped that this plan can be considered along with the City’s Comprehensive Plan. As an example, she explained that if there is a development being proposed which includes a section of the right-of-way that would be necessary for the Delaware 8 Corridor, that section could be designated as such. She stated that any lands needed for the connectors are proposed to be acquired when development or re-development occurs.
Mr. Ruane relayed the importance of knowing if there are any incompatibility issues between some of the elements of the Delaware 8 Corridor and the City’s Comprehensive Plan.
Responding to Mr. Ruane, Mr. Galvin noted that the draft Regional Transportation Plan, which is the next item to be reviewed by members, takes these projects beyond 2030 for implementation; therefore, there is no need for the City to reconsider their prioritization of transportation improvement projects.
The committee recommended acceptance of the Report and that it be referred to staff for further review.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Draft Regional Transportation Plan Update
Ms. Wieczorek, Director of Dover/Kent County MPO, reviewed a Presentation of the Regional Transportation Plan Update. She reviewed the proposed priority funding/cost evaluation for the Dover/Kent County MPO 2008 Regional Transportation Plan Update, which was provided to members. Referring to the 2007 US Route 13 Circulation Study (see map on last page of the presentation), she stated that the Study is not complete; however, she felt confident that there should be adequate funding available for this project.
Ms. Wieczorek advised members that the draft Regional Transportation Plan is currently being distributed to the MPO committees for their review. She stated that the required 30-day public comment period will begin by the end of December/beginning of January and that it is anticipated that the Plan will be adopted during their meeting scheduled for January 27, 2009, at which time copies will be made available for anyone. She offered to return to the committee to review the final draft of the plan.
Responding to Mr. Ruane, Ms. Wieczorek was confident that all the City’s prioritized projects were included in the plan.
For clarification, Ms. Wieczorek explained that the last column in the proposed priority funding/costs for the 2008 Regional Transportation Plan entitled “Cumm. Cost After 2014” represents a total of all projects. She explained that this total was necessary in order to determine when the available funds would be depleted.
Update on State Council Transportation Hearing of 9/16/2008 (Councilman Leary)
Mr. Leary advised members that he attended the Delaware Capital Transportation Program (CTP) Public Hearing held on September 16, 2008. The hearing was to provide an opportunity to review the current CTP and suggest transportation projects and/or services to be considered for the proposed CTP for Fiscal Years 2010-2015. He advised members that there are some grant monies available for “Safe Routes to School”, “Safe Walking/Bicycling”, and the Highway Safety Improvement Program. He stated that when requesting funds, there are priorities for consideration of projects, which he suggested that staff should focus on, such as: resolving a safety problem, addressing congestion issues, solving pavement problems, addressing air quality, or analyzing traffic problems.
With regards to the Highway Safety Improvement Program (HSIP), Ms. Wieczorek stated that it is a Federally mandated and guided program in terms of what projects are eligible for funding. The crash data is examined to determine if a location meets certain criteria (safety severity), and if so, it would become a part of the HSIP. She stated that the “Safe Routes to School” Program has available funding for infrastructure improvements and noted that the school district has to be “on board” for the program and a plan established before any money can be allocated for any infrastructure improvement. Similarly to the Transportation Enhancement Program, she stated that there is a consultant available to work with the school system to develop a plan and identify the infrastructure improvements that are required. Ms. Wieczorek advised members that there is a limited amount of funding available; however, should the Capital School District be interested, they should act as soon as possible since there have not been many school districts that have become involved. This type of program is a reimbursable grant and requires a 20% match.
No further action was taken concerning this matter.
By consent agenda, Mr. Slavin moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote.
SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - DECEMBER 8, 2008
A Special Parks, Recreation, and Community Enhancement Committee Meeting was held on December 8, 2008 with Chairwoman Russell presiding.
Review of Active Recreation Plan for Woodmill Apartment Expansion (C-08-14)
Ms. Cornwell, City Planner, advised members of an application for the Active Recreation Plan for Woodmill Apartment expansion, which is a new residential development consisting of 216 apartment units - 6 apartment buildings with 36 units in each building. She stated that the proposed expansion will be located off of Commerce Way, north of North Street. The subject property consists of one parcel of land totaling 22.97+/- acres. A subdivision is a part of the development of this site that will create two (2) parcels. The residential portion will consist of 13.97+/- acres.
Ms. Cornwell stated that in accordance with Article 5, Section 10.16 of the Zoning Ordinance, 59,400 S.F. (1.363 acres) of active recreation area is required and that the applicant is proposing 60,000 S.F. (1.37 acres) of land to be reserved as active recreation area. The active recreation areas proposed are located near the stormwater management facility on the west side of the site. The proposed amenities include a walking path, a covered pavilion, four picnic tables, two grills, a bird and butterfly garden, a dog park, and benches.
Ms. Cornwell reviewed the application in detail which included the proposed active recreation areas as well as staff’s recommendations that was provided to members. She noted that staff recommended denial of the proposed bird and butterfly garden area as counting towards the Active Recreation Area requirement. In addition, staff’s recommendations included several other modifications to the proposed active recreation area.
Responding to Mr. Ruane, Ms. Cornwell indicated that staff briefly discussed staff’s recommendations with the applicant and that the applicant is present to address members regarding any concerns. Mrs. Townshend, Director of Planning and Inspections, advised members that the applicant wishes to discuss how this portion of the apartment complex will tie into their plans for a larger apartment complex and the active recreation plans that would be proposed for another site connected to the proposed site. One issue is that the applicant does not want to provide a playground on this site since they plan to provide a playground on the other site. She stated that the applicant cannot be provided credit on this site for providing a playground elsewhere; however, what is provided elsewhere, could affect what is required for the current site.
Due to a lengthy agenda and the time constraints involved, Mr. Ruane relayed concern with discussing these issues with the applicant at this time. He also felt that it may be premature to discuss these issues with the applicant without a thorough review and consideration of staff. Responding, Mrs. Townshend indicated that although this matter was originally scheduled to be reviewed by the Planning Commission during their meeting in December, due to concerns with the active recreation area as well as other concerns regarding the Site Development Plan, she anticipates that consideration by the Planning Commission will be delayed until their meeting in January.
Responding to Mr. Lewis, Ms. Cornwell stated that staff did not provide an alternative to the applicant’s proposal for the use of a chain linked fence.
The committee recommended that this matter be tabled until January 13, 2009 to allow staff the opportunity to further review the Active Recreation Plan with the applicant.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Neighborhood Stabilization Fund
During their meeting of October 27, 2008, members recommended approval of the Neighborhood Stabilization Program application, which was approved by Council during their meeting of November 10, 2008.
Mrs. Townshend, Director of Planning and Inspections, advised members that the City of Dover has been allocated $1.5M in grant funding through the Delaware State Housing Authority for the Neighborhood Stabilization Program. Members were provided a draft budget for each partner and a summary budget of all program costs.
Mr. Ruane relayed concern that the budget for the Dover Housing Authority provides for the acquisition of only three (3) units. Responding, Mrs. Townshend stated that the budget is reflective of the initial funding, explaining that as program income is received through the sale of properties, these funds will be available for reinvestment in additional units.
Noting that a meeting with the Delaware State Housing Authority and all grantees is scheduled for December 17, 2008, Mr. Ruane suggested that staff could provide members with an updated version of the draft budgets, which would include additional units provided through the resources of the Delaware State Housing Authority.
The committee recommended acceptance of staff’s report on the Neighborhood Stabilization Fund, with the understanding that this matter will be brought back to the committee at their next meeting.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Allocation of Uncommitted CDBG Funds
Members were provided information regarding the allocation of uncommitted CDBG funds, as follows:
FY2007 Projects
Mrs. Townshend, Director of Planning and Inspections, advised members that there is an additional $2,050 in funding remaining from two (2) FY 2007 projects where the bids came in lower than the allocated grant funding to complete their projects. The House of Pride has a project balance of $1,050 and Whatcoat Social Service Agency has a project balance of $1,000. The Planning and Community Development Department staff requested to reallocate the remaining balance of $2,050 to the Homeownership Program to provide additional funding for closing costs to first time homebuyers. The current FY 2008 budget for closing cost will have a balance of $5,112 after two (2) first time homebuyers close in December.
The committee recommended authorizing staff to reallocate the remaining balance in the amount of $2,050 from the FY2007 CDBG projects to the Homeownership Program to provide additional funding for closing costs to first time homebuyers, as recommended by staff.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
ADA Improvements
Members were advised that prior to the City becoming a CDBG Entitlement Community, the City received their grant funding through the Delaware State Housing Authority (DSHA). After an audit of the CDBG expenditures by the Finance Department, it was determined that there was an additional $23,223 of uncommitted CDBG funds in an account from when the City received funding from DSHA. The Community Development Office staff requested to reallocate this funding to make the necessary ADA improvements to City-owned buildings that were identified in the letter and compliance monitoring report of HUD, Office of Fair Housing and Equal Opportunity.
Members were reminded that as part of Dover’s Transition Plan, HUD recommended that the City install or remodel a wheelchair accessible bathroom on the first floor of City Hall. Staff also requested the installation of no slip treads and a hand rail to the landing steps in the Mayor’s Office, and the purchase of ADA compliant spigots for City-owned buildings. All of these projects would be completed with in-house staff. With the remaining funds left from the referenced projects, funding was requested to provide an accessible entrance for persons with disabilities at the John W. Pitts Recreation Center. The detailed costs associated with these projects are as follows:
Project Cost
Wheelchair Accessible Bathroom – 1st Floor City Hall $13,000
No-Slip Treads and Hand Rail on Landing Steps – Mayor’s Office $ 2,000
Accessible Spigots for City-Owned Buildings $ 5,000
Improve Accessibility of John W. Pitts Recreation Center Front Entrance $ 5,000
TOTAL $25,000
Staff recommended awarding $25,000 of CDBG funds to provide the necessary ADA improvements to city owned buildings.
Mrs. Townshend noted that the report provided by HUD indicates that the front entrance to the John W. Pitts Recreation Center is inaccessible to persons with disabilities. She advised members that the City Manager received a certification from the City’s architect that the front entrance is ADA compliant; however, she stated that the City could make the improvement as requested in the report.
For clarification, Mr. DePrima, City Manager, assured members that the John W. Pitts Recreation Center was built to ADA standards and that a letter has been submitted to HUD to clarify this issue; however, he supports the installation of the automatic doors, as requested in the report.
Responding to Mr. Ruane, Mrs. Townshend stated that HUD conducts an audit of the City’s program every five (5) years. Mr. DePrima noted that the funds were discovered through an internal audit by the Finance Department.
Mr. Ruane relayed concern regarding the tone of the HUD letter and report. Referring to the recommendation for not utilizing these funds for ADA compliance, he stated that it was indicated that the City should be meeting the ADA compliance issues through the use of General Fund money. He explained that although the ADA compliance issues are very important to the Council, it was his recollection that it was a matter of the choices provided at that time and the many needs of funds for other projects.
In response to Mr. Ruane, Mrs. Townshend stated that although HUD does not have the authority to mandate the City to use the residual funds for ADA compliance issues, based on their monitoring reports, the City has a transitional plan and many of those improvements have not been made to date.
Mrs. Horsey questioned what other programs would qualify for use of the residual funds. Responding, Mrs. Townshend stated although these funds cannot be given to a subcontractor, the funds could be used for the City’s rehabilitation or homeownership programs.
The committee recommended awarding $25,000 of CDBG funds to provide the necessary ADA improvements to city owned buildings, as recommended by staff.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
The committee recommended that the City Manager be instructed to provide the committee with an updated ADA Compliance document to correspond with the showing of this effort to be made and what projects are remaining for total ADA compliance so that a recommendation can be forwarded to Council for inclusion in the budget.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Discussion - Hours of Operation - John W. Pitts Recreation Center
During their meeting of November 10, 2008, there was a request for the John W. Pitts Recreation Center to open prior to 8:30 a.m.
Mr. Carter, Parks and Recreation Director, advised members that the John W. Pitts Recreation Center is open more than 75 hours per week and reviewed the hours of operation for the Center, as follows:
Monday - Friday 8:30 a.m. to 9:00 p.m.
Saturday 9:00 a.m. to 6:00 p.m.
Sunday 12:00 noon to 5:00 p.m.
Mr. Carter stated that recently, the indoor Field Hockey League began and that there are 42 teams. As a result, the hours for Sunday have been extended from 8:30 a.m. to 5:00 p.m. There have been times set aside for specific uses, such as walking activity for seniors from 8:30 a.m. to 11:30 a.m., Monday through Friday. To provide for the Center to open earlier, Mr. Carter explained that due to budgeting and staffing issues, it would be necessary to cut back on other hours or find other sources.
Mr. Ruane requested that staff provide the committee the financial fee schedule for the activities provided at the John W. Pitts Recreation Center for their review and determination that the fees are close to recovering costs for providing this service to the community.
Concurring, Mrs. Horsey felt that a review of the fee schedule may also provide members the opportunity to determine how competitive the City is with like facilities and the possibility of increasing fees and using the funds to provide earlier and extended hours of operations.
Mr. McGlumphy questioned if the fees for the use of the facility is different for City residents and those that are non-City residents. Responding, Mr. Carter indicated that “open” gym is free for everyone regardless of their residence.
The committee recommended that the financial fee schedule for the John W. Pitts Recreation Center be provided to the committee for further review.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. McGlumphy suggested the idea of partnering with local hotels by providing special rates during tournament and other events.
Mrs. Russell reiterated her concern that the senior citizens are not given due consideration for the use of the facility and urged members to consider opening the facility earlier, noting that seniors typically begin their day early.
Mr. Ruane noted that the Center is a regional facility and that the County should play a role by building a gym, which has been encouraged by the City, as well as participate in the funding for the regional library.
Proposed Letter to Transit Authority - Modification of Bus Route to Include John W. Pitts Recreation Center
As mentioned during their meeting of November 10, 2008, Mr. Ruane advised members that during a recent community meeting sponsored by the Human Relations Commission, there was concern regarding the lack of public transit (bus stop) for the Pitts Recreation Center. He suggested that a letter be submitted by the City to the Transit Authority requesti