REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 28, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. McGlumphy, Mrs. Russell, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Deputy Police Chief Taraila, Mrs. Mitchell, Mrs. Townshend, Fourth Assistant Fire Chief Strochine, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Clay Hammond stated that he owns a company which consults with governments around the country to increase diversity in procurement activities. He noted that commerce takes place at several levels and, historically, minority businesses are excluded from the informal purchasing, as well as purchases requiring three (3) bids. Mr. Hammond felt it was important for all segments of the business community to participate in doing business with the City of Dover. Mr. Hammond stated that, although he lives out of state, his mother lives in Dover.
Mrs. Janice Sibbald, President of the Mayfair/Crossgates Homeowner’s Association, expressed concerns regarding the recent styrene leak at the Dow/Reichhold chemical plant and the lack of notification to residents in the City of Dover. She noted that residents in her neighborhood could smell the chemical; however, they were not notified or advised of the situation. Mrs. Sibbald requested information on who to call in the future should a similar situation occur and what type of response they can expect from officials.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Slavin and unanimously carried.
Mr. McGlumphy requested that item #5A - Brown Water Solutions Update, and item #6B - Establishment of Capital Project Review Team, be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 14, 2006
The Minutes of the Regular Council Meeting of August 14, 2006, were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.
CERTIFICATE OF RECOGNITION - ALEXANDER HAMILTON CITIZENSHIP ACHIEVEMENT - KYLE JOSEPH BROWN
The following Certificate of Recognition was presented by Mayor Speed:
WHEREAS, Kyle Joseph Brown completed his sophomore year at Dover High School in 2006 and was the highest ranking sophomore in the school’s Air Force Junior Reserve Officer Training Corps (AFJROTC) during the 2005 – 2006 academic year; and
WHEREAS, Kyle Joseph Brown attended the Hugh O’Brien Youth Leadership (HOBY) program where he pledged to complete 100 hours of community service before beginning his junior year at Dover High School; and
WHEREAS, as a result of his involvement with AFJROTC and HOBY, Kyle Joseph Brown has been extensively involved in community service by visiting nursing homes, working on adopt-a-highway projects, and assisting in Special Olympics; and
WHEREAS, Kyle Joseph Brown has been awarded the Alexander Hamilton Citizenship Achievement Award.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE, do hereby present this Certificate of Recognition to KYLE JOSEPH BROWN on this 28th day of August 2006, to commend him for his outstanding commitment to community service and in acknowledgment of his citizenship achievements.
CERTIFICATE OF RECOGNITION - ALEXANDER HAMILTON CITIZENSHIP ACHIEVEMENT - ANDREW MICHAEL ZABACK
The following Certificate of Recognition was presented by Mayor Speed:
WHEREAS, Andrew Michael Zaback completed his junior year at Dover High School in 2006, is one of the school's top students, and a member of the National Honor Society; and
WHEREAS, Andrew Michael Zaback was inducted into the Boy Scout honor society Honor of the Arrow, earned his Eagle Scout Badge, and is a troop guide; and
WHEREAS, Andrew Michael Zaback is an active participant in numerous scholastic extra curricular activities; and
WHEREAS, Andrew Michael Zaback has been awarded the Alexander Hamilton Citizenship Achievement Award.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE, do hereby present this Certificate of Recognition to ANDREW MICHAEL ZABACK on this 28th day of August 2006, to commend him for his outstanding commitment to scholastic accomplishments and in acknowledgment of his citizenship achievements.
PRESENTATION - BROWN WATER SOLUTIONS UPDATE
Mrs. Sharon Duca, Assistant City Engineer, provided a Water Quality Update (Exhibit #1) and reviewed the recommendations made by Black & Veatch, as follows: additional monitoring, flushing operations, deep well contact time, prioritization system for ranking rehabilitation projects, system analysis, GIS tracking, and corrosion analysis.
Mrs. Duca noted that the Division Street upgrade project created a dead-end in the system at Bayard Avenue. She provided an update on staff’s efforts specifically to resolve the issue on Bayard Avenue, where the residents are experiencing higher instances of brown water.
Mr. McGlumphy read the following correspondence received from Bayard Avenue resident, Cameron LLewellyn:
“Dear Mr. McGlumphy,
As a resident of the City of Dover, I wanted to inform you that despite any efforts or expenditures being made to correct the brown water problem, we have seen no improvement. As I understand it, you are personally experiencing similar results. I know that you have continually voiced your opinion about this ongoing problem and appreciate that you continue to do so. I would be pleased to invite any other members of City Council, Mayor Speed, Public Works Employees, City Engineers, etc. to visit our home and sample the water that we use for drinking, cooking, bathing and laundering our clothing.
Please let me know who the home-owners of Bayard Ave should contact to discuss what efforts are being made."
Responding to Mr. McGlumphy, Mrs. Duca stated that the Bayard Avenue area is scheduled to be completed first and will not be moved into Fiscal Year 08. She estimated that staff could replace approximately two (2) miles of cast iron pipe per year, if it were necessary. Mrs. Duca cautioned members that it was important to remember that only a certain percentage of the pipe, less than 50%, is corrosive.
Mr. McGlumphy suggested that if additional funds were available this fiscal year or next fiscal year, that money should be appropriated to address the brown water issue. He also requested staff to provide an update on how much money has been spent to date and how much will be budgeted for the next several years to address the brown water issue.
Responding to Mr. Ruane, Mrs. Duca stated that they were in the process of training additional staff to address complaints. She noted that they were planning to send flyers with the utility bills which would include updates and suggestions for handling brown water when it occurs.
PRESENTATION - EMERGENCY CALL BOX - BLUE LIGHT INSTALLATION
During the Council Retreat held on January 27, 2006, members prioritized the Emergency Call Box- Blue Light Program as a project they wished to move forward with. During the Regular Safety Advisory and Transportation Committee Meeting of May 23, 2006, Mrs. Lisa Gardner, Administrative Assistant to the Public Utilities Director, advised members that two (2) emergency call box units were purchased and would be installed in Silver Lake Park.
Mrs. Gardner advised members that both emergency call boxes have been installed at Silver Lake Park, one located off of the North State Street entrance between the playground and the beach area, and the other located near the boat ramp and picnic area. Mrs. Gardner presented photos depicting the emergency call boxes.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF FORREST AVENUE, OWNED BY DONALD M. CAREY, RUTH E. CAREY, AND NANCY BAKER
A public hearing was duly advertised for this time and place to consider rezoning of property located on the south side of Forrest Avenue, approximately 1,425.5 feet west of Mifflin Road, owned by Donald M. Carey, Ruth E. Carey, and Nancy Baker. The property is currently zoned AC - Agricultural Conservation and RS-1 - Single Family Residence (Kent County) and the proposed zoning is R-10 - One Family Residence (City of Dover). This property was annexed into the City during the Regular Council Meeting of July 24, 2006; however, due to an error in the public notice, consideration of the zoning was referred back to the Planning Commission for a public hearing to allow residents to voice their concerns.
Council President Williams advised members that a petition had been received in opposition to the proposed zone (Exhibit #2). Mrs. Ann Marie Townshend, Director of Planning and Inspections, advised members that; although the petition contained 78 signatures, only 11 were adjacent property owners.
Planner's Review
Mrs. Ann Marie Townshend, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). The Planning Commission recommended approval of the zoning classification of R-10 (One Family Residential).
Mr. DePrima, City Manager, advised members that Mr. Carey was approached pro-actively by the City regarding annexation of this property.
Public Hearing
Council President Williams declared the hearing open.
Mrs. Nancy Baker, 1526 Forrest Avenue, stated that she has lived in the neighborhood for 56 years and their intent is to keep it as a livable neighborhood. She noted that, living adjacent to this property, she will be effected by its development as well. Mrs. Baker stated that she and her brother, Donald Carey, have tried to preserve the land with restrictions, such as lower density, which would benefit the neighbors.
Mr. Donald M. Carey, thanked City staff for their assistance in the annexation process. He stated that it was their desire to have the property develop as a community that the neighbors would be happy with and one that would be an asset to the City of Dover.
Council President Williams 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: (The First Reading of this ordinance was accomplished during the Council Meeting of May 8, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,425.5 FEET WEST OF MIFFLIN ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from AC - Agricultural Conservation and RS-1 - Single Family Residence (Kent County) to R-10 - One Family Residence (City of Dover).
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 has been amended by changing the zoning designation from AC and RS-1 (Kent County) to R-10 (City of Dover) on that property located on the south side of Forrest Avenue, approximately 1,425.5 feet west of Mifflin Road, containing 101.55+/- acres, owned by Ruth E. Carey, Donald M. Carey and Nancy Baker.
ADOPTED: AUGUST 28, 2006
UTILITY COMMITTEE REPORT - AUGUST 14, 2006
The Utility Committee met on August 14, 2006, with Chairman Carey presiding.
Brown Water Solutions Update
Mrs. Sharon Duca, Assistant City Engineer, provided a Water Quality Update and reviewed the recommendations made by Black & Veatch, as follows: additional monitoring, flushing operations, deep well contact time, prioritization system for ranking rehabilitation projects, system analysis, GIS tracking, and corrosion analysis. She stated that work would begin in the older areas of Dover. Mrs. Duca noted that some pipes will require replacement and others will require relining.
Members noted the importance of budgeting for the implementation of the recommendations, and possibly applying for grant money for improving the water supply. It was also requested that updates be routinely provided to residents and that a fully trained staff member be available to provide an immediate response to brown water complaints. Mrs. Duca stated that there is currently one (1) staff member in the Public Utilities department who is very familiar with the process for handling brown water complaints. She noted that they are in the process of training other staff members to handle complaints as well.
The committee took no action.
Mr. McGlumphy requested staff to provide a brief report on the amount of money spent to date to address the brown water problem.
Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mr. Hogan and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 14, 2006
The Legislative, Finance, and Administration Committee met on August 14, 2006, with Chairman Salters presiding.
Proposed Ordinance - Disruption of Funeral, Memorial Service or Funeral Procession
At the request of Councilman Carey, members reviewed a draft ordinance which would prohibit disorderly conduct near a funeral, memorial service, funeral procession, or burial and establishes penalties for such actions. Members were advised that the federal government and the State of Delaware have adopted legislation which prohibits protesting at funerals. Noting that there was a recent incident in Seaford, Delaware, involving protestors at a military funeral, Mr. Carey suggested that it would be beneficial for the City of Dover to have a similar ordinance. Violation of the ordinance would result in a class A misdemeanor for the first offense and a class F felony for a second or subsequent offense. Mr. Carey indicated that Police Chief Horvath has reviewed and approved the ordinance.
Referring to correspondence received from the law firm of Young, Conaway, Stargatt & Taylor, Mr. Hogan suggested that the ordinance be reviewed by the City Solicitor prior to taking further action. Mr. Hogan also requested additional information regarding the Police Department’s Application for Parades and Assemblies. Mr. Ruane questioned the need for a City ordinance, since there is State law in place to address the issue. If challenged on State law, the Attorney General and the State of Delaware would bear the burden to defend the suit. Mayor Speed indicated that the City would be a party in any lawsuit brought against the State if the violation occurred within the City.
The committee recommended tabling the matter pending a formal review by the City Solicitor.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Establishment of Capital Project Review Team
During the Special Council meeting of May 11, 2006, members unanimously referred to the Legislative, Finance, and Administration Committee the establishment of a Capitol Project Review Team to review the projects contained in the CIP in order to provide better projections.
Mr. DePrima advised members that the CIP was presented to Council members prior to the budget review process and again during the budget review process.
Mr. Hogan stated that he thought the intent was to monitor the CIP projects and their status. He noted that both the City Manager’s and the Finance Department’s Monthly Reports provide the updates on the various CIP projects.
It was the consensus of members that the CIP information be removed from the City Manager’s and the Finance Department’s reports and that a new CIP report be created, as recommended by staff.
The committee took no further action.
Mr. McGlumphy stated that he had hoped that a Capital Project Review Team would monitor the reports, cost overruns, and length of time to complete projects. Mr. DePrima stated that the new report would be consolidated and easy to attract.
Mr. McGlumphy moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
CONSOLIDATED PLAN ADVISORY GROUP REPORT - AUGUST 15, 2006
The Consolidated Plan Advisory Group met on August 15, 2006 with Chairman Ruane presiding.
Recommendations for Reallocation of CDBG Funds for 2006 Projects
During their Annual Meeting of May 8, 2006, Council approved the 2006 CDBG 5-year Consolidated Plan. Mrs. Townshend, Planning Director, advised members that unanticipated program income was available for reallocation to current CDBG projects. The income, in the amount of $76,283.17, is from the following sources: Economic Development Loan Payoffs - $22,321.26; Lease Payments (41 S. New Street) - $14,904.84; and Loan Repayments (Rehabs/ Settlement Assistance) - $39,057.07.
Staff recommended the following reallocation:
• 2006/07 Streets Project - Additional funding is needed to complete $50,000.00
the streets project for South Kirkwood as part of the revitalization
efforts to enhance the downtown area.
• Down Payment Settlement Assistance Program - Funds for this $26,283.17
program have been depleted. Six (6) first-time homebuyers will
purchase homes with settlement assistance. Funding is being
requested for an additional 2 to 3 families to purchase homes.
Reallocation Total $76,283.17
Mrs. Townshend advised members that, upon approval by the committee, the proposed recommendations would be advertised in the newspaper and citizens would be provided a 30-day comment period. She noted that final action by Council would take place on September 25, 2006.
The committee recommended approval of staff’s recommendations.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane requested staff to determine what action, if any, is necessary to assign the Consolidated Plan Advisory Group functions to the Parks, Recreation, and Community Enhancement Committee. He noted that the membership is the same on both committees and City Council has assigned responsibility for the Community Development Block Grant program to the Parks, Recreation, and Community Enhancement Committee.
The committee recommended that staff be directed to amend the Consolidated Plan, if necessary, to permit the Parks, Recreation, and Community Enhancement Committee to serve as the CDBG advisory committee.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane requested staff to provide monthly updates on the status of CDBG programs during the Parks, Recreation, and Community Enhancement Committee meetings.
Mrs. Townshend advised members that a tour of sites that have requested funds is in the planning stages.
By consent agenda, Mr. Carey moved for acceptance of the Consolidated Plan Advisory Group Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - AUGUST 15, 2006
The Parks, Recreation, and Community Enhancement Committee met on August 15, 2006 with Chairman Ruane presiding.
Puncheon Run Watershed Action Team Update
Mr. DePrima stated that, due to a recent article in the Delaware State News, he wanted to provide clarification regarding the membership of the Puncheon Run Watershed Action Team. He advised members that the City has taken the lead with this inter-agency team, along with the Kent Conservation District and the Department of Natural Resources and Environmental Control (DNREC). Mr. DePrima noted that URS, a national consulting firm, has been contracted to conduct the hydrology study and the developers of Eden Hill and Kesselring have agreed to contribute $15,000 each for the study. The study has begun and the results are scheduled to be released in September. The action team will then formulate recommendations and gather additional data, if necessary.
Mr. Deprima advised members that he has requested the Kent Conservation District to provide quotes for cleaning out the stream. He noted that the bushes and hedges along the stream have been trimmed. Mr. DePrima stated that he has requested permission from DNREC to remove the riprap from the south bank of the stream west of Governors Avenue. He also advised members that DelDOT has placed the Governors Avenue project back on track with a new bridge to be constructed over Governors Avenue at the stream.
Mr. DePrima advised members that a formal presentation would be made to Council members once all of the necessary information has been gathered and the hydrology study has been finalized. He noted that the City would be applying for grant funds to defray the cost associated with the necessary improvements.
Open Space Plans - Review of Active Recreation Areas - Kesselring Farm
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
The Kesselring Farm consists of approximately 182.361+/- acres of land, situated south of the Puncheon Run on the west side of the railroad corridor and New Burton Road. Based upon the number of residential dwelling units proposed (335 units), 2.09+/- acres (91,040.4 S.F.) of active recreation open space are required and the Plan provides for 5.49+/-acres (239,144.4 S.F.).
Ms. Dawn Melson, Senior Planner, presented the Active Recreation Plan for the Kesselring Farm, (as on file in the Office of the City Clerk). She noted that the overall Kesselring Farm plan exceeds the minimum of 25% open space by creating a community center, trails, ponds, community gardens, and a large active recreation area in the south portion of the site, which includes a lawn area and children’s play structure. This is a phased development and both active recreation areas are scheduled to be completed in Phase 1 of development. The plan provides 78.65+/- acres, or 44% of the available land towards open space. The eastern edge of the property is reserved for the possible extension of Saulsbury Road (currently under study as part of the West Dover Connector project) and does not count towards open space calculations.
Article 3, Section 24.7 of the City of Dover Zoning Ordinance allows for a density bonus of up to 20 percent to be granted “if the developer furnishes improvements that significantly demonstrate to the planning commission that the improvements contribute to superior design and which exceed the standard requirements of the city ordinances…” The Kesselring Farm PND has proposed a density of 1.84 dwelling units per acre, which exceeds the 1.6 dwelling units per acre by 15 percent. The Planning Commission granted approval of the density bonus during their June 19, 2006 meeting. This permits the Kesselring Farm PND a 15 percent density bonus beyond the allowable 1.6 dwelling units, for a density of 1.84 units per acre permitted in the PND in the R-20 zoning district.
Ms. Melson advised members that the conservation easement located along the northern boundary of the Kesselring Farm PND is proposed for dedication to the City of Dover. This area is located south of Puncheon Run and north of the proposed Riverside Road and the existing City of Dover utility easement, bounded by the western property line of the Kesselring PND and bounded to the east by the utility easement and railroad. The Conservation Easement area is 12.91 acres in size and includes a forested area, wetlands, and areas within the 100-year flood plain. The proposed dedication is adjacent to the City owned property of Schutte Park.
Staff recommended approval of the Open Space/Recreation Plan with the following:
1. Approval of the community center area and southern community park area and the associated amenities as the active recreation areas and approval of the overall open space provided for the project, including the interconnected open space area with pond system, community gardens, walking trails, and agricultural buffer. The project presents a variety of park areas with varying amenities and interconnected open space areas throughout the development.
2. Approval and acceptance of the conservation easement area of approximately 12.91 acres to the City of Dover. Staff recommends this action due to the conservation easement’s proximity to Schutte Park and its proximity to the Puncheon Run, including environmentally sensitive lands. Staff also recommends the applicant coordinate with city staff to fulfill the required actions for this dedication to occur including the necessary City Council approvals.
3. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.
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.
4. 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.
5. Sheet #2 of the Parks and Recreation Plan set should be corrected to properly display areas of ‘Active Open Space’ on the map as listed in the map legend. Currently, these areas are shown as ‘Common Open Space’.
6. Staff recommends the addition of bicycle racks to the community center area adjacent to the Clubhouse Building.
7. Staff recommends that bicycle racks, which are listed in the inventory for the Southern Community Park, be identified on Sheet #5 of the Parks and Recreation Plan set.
8. 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.
The committee recommended approval of staff’s recommendations.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
John W. Pitts Recreation Center Update
Mr. Zach Carter, Director of Parks and Recreation, informed members that the construction documents have been completed and the bid has been placed. A pre-bidders meeting is scheduled for August 22, 2006 at the Dover Park Recreation Center and sealed bids are due to be submitted by September 14, 2006. Mr. Carter anticipates presenting the bids to members of Council at the end of September and construction may begin as early as October of this year. Mr. Carter noted that cost estimates are as originally projected.
Library Site Search Committee Update
Ms. Sheila Anderson, Library Director, advised members that $1.6M has been allocated as a result of fund raising. Additionally, the Library Reserve Fund contains $685,000. She noted that a meeting with representatives of the Post Office has been scheduled in September to discuss relocation. During this fiscal year, staff will be planning and evaluating the site, in addition to utilizing an architect for some design work.
By consent agenda, Mr. Carey moved for approval of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
MONTHLY REPORTS - JULY 2006
By motion of Mr. Carey, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report (June and July)
City Manager's Report
Planning and Inspections Report
EVALUATION OF BIDS - 69KV BREAKER EQUIPMENT
The Electric Department introduced replacing the oil filled breakers in the 2000/2001 budget year. The project was funded in the 2005/2006 budget and is a multi-year project ending in 2009/2010. The purpose of this project is to replace all oil filled breakers with SF6 gas breakers. The existing breakers in the field have reached expected equipment life and are due to be replaced. In addition to replacing the aged oil filled breakers with SF6 gas, the project will reduce the environmental costs associated with record keeping and oil spills.
Staff recommended purchasing four (4) 69KV breakers, in the amount of $131,200, from the low bidder, Siemans Power T&D/Siemans Energy and Automation, Inc./NTS.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
CONTRACT EXTENSION - BASIC LIFE SUPPORT
PrimeCare Medical Transport, LLC became the City of Dover's basic life support service provider in 2004 when it purchased Ambulance Service, Inc., the company which had been providing these services to the City since March 4, 1996. Service had been provided at no cost to the City.
On August 23, 2004, City Council approved an addendum to the basic life support contract allowing the dedication of a second ambulance to provide service within the Robbins Hose Fire District daily between the hours of 12 Midnight to 8:00 AM at a cost of $40/hour for each hour during which the second unit is on duty. The current contract terminates on August 31, 2006, and, due to an oversight, bids have not been solicited to date.
Staff recommended a six-month extension to the current contract so that there will be no interruption of service. The extension will run from September 1, 2006 thru February 28, 2007.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
APPOINTMENT (COUNCIL PRESIDENT WILLIAMS) - SAFETY ADVISORY AND TRANSPORTATION COMMITTEE - UNEXPIRED TERM TO EXPIRE MAY 2007
Council President Williams requested the appointment of Councilman James G. McGiffin, Jr. to the Safety Advisory and Transportation Committee (To Fill Unexpired Term of Robert G. Ritter, Jr. - Term to Expire May 2007).
By consent agenda, Mr. Carey moved for approval of the appointment of Councilman James G. McGiffin, Jr. to the Safety Advisory and Transportation Committee, as recommended by Council President Williams, seconded by Mr. Slavin and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ZONING ORDINANCE AMENDMENTS
Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the ordinance is an amendment to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on September 18, 2006; the Parks, Recreation, and Community Enhancement Committee on October 10, 2006; and that a public hearing take place during the Council Meeting of October 23, 2006, at 7:30 p.m., at which time, final action by Council will take place.
Mr. Hogan moved to refer the amendment and set a public hearing before City Council for October 23, 2006 at 7:30 p.m. as suggested by staff. The motion was seconded by Mr. Salters and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
ARTICLE 5 - SUPPLEMENTAL REGULATIONS, SECTION 1 - SUPPLEMENTARY REGULATIONS APPLYING TO RESIDENCE ZONES, STORAGE OF FURNITURE AND APPLIANCES OUTDOORS
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Carey thanked Dover High School and Dr. Thomas the use of their building during the evacuation related to the chemical spill.
Mr. Ruane requested a briefing on how and when the City became involved in the August 25th Reichhold Chemical incident and how its Emergency Plan was utilized in a coordinated response, especially the efforts taken by the City to communicate in a timely manner with the residents of Dover. And in a broader context, while there have actually been "practice drills"for such occurrences, Mr. Ruane requested an update on the status and details of the City's training and plans for responding to any incident of this nature, which may just as easily occur along New Burton Rd.(as evidenced by the incident that required the evacuation of the Clearview Apartment complex).
The daily use of the rail yard along New Burton Rd for the marshalling and storage of Dow Reichhold train cars should also be re-examined by the relevant City of Dover departments. This practice has been a major concern of current residents who live along New Burton and the nearby neighborhoods;and, it will become a major concern of the new residents who will be moving into the Eden Hill and the Kesselring farm properties over the coming years.
Mrs. Russell stated that she would like to consider legislation to establish a curfew for children under a certain age. Council President Williams requested the City Manager to look into the matter for Mrs. Russell.
Mr. Hogan moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:49 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 28, 2006, are hereby approved.
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