REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 22, 2009 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Salters. Mr. Ruane was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Melson-Williams, Fire Chief Strochine, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
Members held a moment of silence for the family of Council President Williams, noting the death of her mother, Mrs. Elizabeth Humble Carter.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
Mr. McGlumphy moved for approval of the Consent Agenda, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 19, 2009
The Minutes of the Special Council Meeting of May 19, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 1, 2009
The Minutes of the Special Council Meeting of June 1, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 8, 2009
The Minutes of the Regular Council Meeting of June 8, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
CERTIFICATE OF RECOGNITION - ZACHERY CARTER - INDUCTION INTO DELAWARE BASEBALL HALL OF FAME
Mayor Carey presented the following Certificate of Recognition to Mr. Zachery Carter in recognition of his induction into the Delaware Baseball Hall of Fame:
This certificate of recognition is being presented to Mr. Zachery Carter on this twenty-second day of June, two thousand and nine for his outstanding achievement of being inducted into the Delaware Baseball Hall of Fame. His long devotion to baseball is very admirable and we wish him much success in all future endeavors. Congratulations and best wishes from his City of Dover family.
PRESENTATION - RECOGNITION OF SERVICE - JOHN LINK - SAFETY ADVISORY AND TRANSPORTATION COMMITTEE (MAY 2005 - MAY 2009)
On behalf of members of Council, Mayor Carey presented Mr. John Link with a Dover Cup in recognition of his service on the Safety Advisory and Transportation Committee from May 2005 through May 2009.
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2009-09 - APPENDIX F - FEES AND FINES
A public hearing was duly advertised for this time and place to consider Ordinance #2009-09, which proposes to establish a new Appendix F - Fees and Fines.
Mr. Leary moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of May 11, 2009)
Mr. DePrima advised members that the ordinance places all of the fees and fines currently located throughout the Dover Code into a new Appendix F - Fees and Fines. He noted that the appendix was created to provide ease of access to the fees and fines for reference and amendments. Mr. DePrima emphasized that there were no new or increased fees or fines.
Mrs. Melson-Williams, Principal Planner, advised members that the Planning Commission reviewed the amendments to Appendix A - Land Subdivision and Appendix B - Zoning. She noted that the Planning Commission discovered a few omissions; however, the ordinance has been amended to include the omissions and the Planning Commission recommended approval of the consolidation of the fees into Appendix F.
Council President Williams declared the hearing open.
There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.
Mr. McGlumphy moved for adoption of Ordinance #2009-09, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Ruane absent), Council adopted Ordinance #2009-09 (Exhibit #1).
SETTING OF PROPERTY TAX RATES FOR FISCAL YEAR 2009/2010
The current property tax rate for the City of Dover is thirty-three cents ($0.33) per one hundred of assessed valuation. The proposed budget maintains the same rate for the upcoming tax billing.
Mr. Salters moved that the property tax rate remain at thirty-three cents ($0.33) per one hundred dollars of assessed valuation for the upcoming 2009/2010 property tax billing. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr Ruane absent).
TAX APPEALS COMMITTEE REPORT OF MAY 20, 2009
The Tax Appeals Committee met on May 20, 2009 with Chairman Hogan presiding.
Exemption - Children’s Choice Properties
Location: 707 Walker Road (ED05067.15-04-76.01)
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
This parcel falls under State Statue 9 Del. C. §8105 Property Owned by Governmental religious educational or charitable agency.
Mr. Corbett and Ms. Neal came to the meeting to represent the organization. They both informed the Committee about the purpose and services of the organization. The organization provides service to foster children and training for parents who would like to become foster parents. The organization has been in business for about 25 years.
The Committee recommended approval of the exemption.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Exemption - NCALL
Location: 363 Saulsbury Road (ED05-067.19-02-02.02)
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
This parcel falls under State Statue 9 Del. C. §8105 Property Owned by Governmental religious educational or charitable agency.
Mr. Joe Myer represented the organization. The organization has been in Dover since 1976. They are a non-profit organization which provides affordable housing work, homeownership counseling, as well as foreclosure counseling.
The Committee recommended acceptance of the application for exemption.
Councilman McGiffin excused himself, as he sits on the Board of Directors for this organization.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Exemption - Maple Glen Homeowner Association
Location: 363 Saulsbury Road (ED05-056.20-01-48.00)
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
This parcel falls under State Statue 9 Del. C. §8110 Civic Organizations Owning Parkland.
Before the Committee met with the Association, Councilman Hogan asked Ms. Russell to explain why there are six parcels associated with this request for exemption. Ms. Russell stated that these parcels are considered open spaces and are part of the development.
Ms. Akin and Ms. Shernofsky came to the meeting to represent the Association.
Ms. Akin went over the upcoming expenses the Association would have and explained to the Committee that the Association would not have the funds to cover all of the expenses. Councilman Hogan asked if these parcels were all connected. Ms. Akin and Ms. Shernovsky explained where in the neighborhood these parcels were and what they are being used for. It was explained to the Committee that these parcels are common spaces and will not be able to be sold for any development. After going through the paperwork the Maple Glen Homeowners Association provided, Councilman McGiffin noticed that the exemption form 501(C)3 or the Certificate of Incorporation, which would indicate that the organization is a non-profit organization was missing fr0m the paperwork which had been filed for the appeal. Councilman McGiffin emphasized the importance of these papers and that one of these would be needed in order for the Committee to make any recommendations.
The Committee recommended acceptance of the exemption under the condition that the organization provide either the 501(C)3 or the Certificate of Incorporation before the Council meeting scheduled for June 22, 2009. (City Clerk’s Office Note: The City Assessor has confirmed that the necessary documentation was provided by the applicant)
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Exemption - Bayhealth Medical Center
Location: 547 South Governor’s Avenue (ED05-056.20-01-47.00)
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
This parcel falls under State Statue 9 Del. C. §8105 Property owned by Governmental religious educational or charitable agency.
Mr. Jerry White, Senior Vice President of Kent General Hospital, represented Bayhealth Medical Center.
Councilman Hogan asked Mr. White to explain where the property is located. He stated that the property is located right next to the old NAPA building. He explained that the hospital bought the property a long time ago and has been using it for parking until now, and that the building has been used as a central utility building up until now. Councilman McGiffin asked what exactly the building is to be used for. Mr. White explained that the building is to be used as support for the new emergency room, which is going to be twice the size of old emergency room, as well as a new cancer unit.
The Committee recommended acceptance of the application for exemption.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Exemption - Kent Swimming Club
Location: 825 Kenton Road (ED05-067.18-02-01.00)
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
This parcel falls under State Statue 9 Del. C. §8105 Property Owned by Governmental religious educational or charitable agency.
Mr. Dave Casto was present to represent the swimming club.
Mr. Casto explained to the committee that the club has had financial difficulties for a number of years. The swim club pays a number of electric charges, which they have talked to the City of Dover about to see if they could get a reduced rate, due to the high utility demand the club has. Mr. Casto went over the different recreational programs the club offers. He believes that because of the service the club provides for the community there should be some kind of tax break.
Councilman Hogan pointed out that the club did not have a copy of the 501(C)3 in their appeal paperwork. Councilman McGiffin explained that the Certificate of Corporation would also be acceptable. Councilman Hogan emphasized the importance of these papers and that at least one of them has to be brought to the Assessor’s Office before the June 22, 2009 Council Meeting. Councilman Hogan asked if the club has thought about selling part of the land. Mr. Casto stated that they did try to sell 15 acres but where not able to for the money they asked. Councilwoman Russell asked if the club has a lot of minority members. Mr. Casto stated that there are a few but not as many he would like to see. Councilwoman Russell also wanted to know how the club advertises. Mr. Casto explained that the club has a big sign on its premises and that some of the members hand out flyers. Councilwoman Russell asked what the club would do for the City if it would become exempt from property tax, at which time Mr. Casto offered some of his lifeguard staff to guard the Silver Lake swim area or he also suggested that the club could offer free swim lessons.
The Committee recommended approval of the exemption on the condition the club provides the 501(C)3 or the Certificate of Incorporation before the June 22, 2009 Council Meeting. (City Clerk’s Office Note: The City Assessor has confirmed that the necessary documentation was provided by the applicant)
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Exemption - Greater Dover Foundation
Locations: 156 South Bradford Street (ED05-077.09-02-28.00), 158 South Bradford Street (ED05-077.09-02-29.00), and 101 West Loockerman Street (ED 05-077.09-02-33.00)
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
This parcel falls under State Statue 9 Del. C. §8105 Property Owned by Governmental religious educational or charitable agency.
Ms. Rebecca Kidner represented the Greater Dover Foundation. She is the Vice President of the organization and also a volunteer for the organization.
Ms. Kidner explained that the organization just received their 501(C)3 exemption status in 2008.
She stated that the organization saw the need for a community service building where Non- Profit Organizations, such as Read Aloud and United Way, could be housed for a low rental cost. Demolition and renovation have started and they hope to be done by the end of the summer. She explained that only 501(C)3 charitable organizations will be able to rent within the building. Councilman McGiffin pointed out that the City Charter request that the organization requesting an exemption, has to be at 501(C)3 status before July 14,1988. Ms. Kidner was aware of this legislation but was under the understanding that the City Council would grant exemptions to organizations that are here to help the community.
The Committee recommended acceptance of the application for exemption.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Farmland Exemption - Bay Village of Dover LLC
Location: White Oak Road and Long Point Road
Assessor’s Comments: Staff recommended consideration of approval.
Background and Analysis:
LC05-068.00-01-03.01, LC05-069.00-01-04.0, LC05-069.00-01-05.00, LC05-068.00-01-06.00 and LC05-069.00-01-06.00
Per City Ordinance Chapter 102 Article II sec. 102.31, the first three parcels do not meet the requirement for the minimum land size. Mr. Shank has requested a consolidation of these lands with the parcel LC05-068.00-01-06.00.
Before Mr. Shank came to the meeting Ms. Russell informed the Committee about the Farmland Exemption. She also showed the Committee, by help of maps, where exactly the properties are located.
Ms. Russell also explained that two of the parcels would be too small for the exemptions and that Mr. Shank has already contacted the Planning Department to have these two parcels combined with a third parcel. Ms. Russell also explained that part of the property that the pole barn is located on, will be pulled out of the exemption and will be taxed, plus one acre of land.
Mr. Shank represented BayVillage of Dover, LLC.
Committee Members asked Mr. Shank to show on the map which parcels are to be consolidated and what parcel will be used for the proposed development. Mr. Shank is currently growing corn and soy beans but hopes to turn the farm into an organic farm.
The Committee recommended approval of the farmland exemption.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
By consent agenda, Mr. McGlumphy moved for acceptance of the Tax Appeals Committee Report of May 20, 2009, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
TAX APPEALS COMMITTEE REPORT OF MAY 21, 2009
The Tax Appeals Committee met on May 21, 2009 with Chairman Hogan presiding.
Withdrawal - Subramaniya, Venkataraman
Location: 228 Saxondale Lane
Ms. Russell explained to the Committee that Mr. Subramaniya wanted to have his assessment changed because he purchased the home for a much lesser price. When the Assessor’s Office researched Mr. Subramaniya’s purchase price, it came to their attention that the house was offered at a much lower price than it was listed for, at which time Mr. Subramaniyam withdrew his appeal.
The committee recommended acceptance of the withdrawal.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Stipulation - Congregation Beth Sholom
Location: 621 Carol Street (ED05-067.16-01-52.00)
Original Value: $220,900
Stipulated Value: $141,500
Background and Analysis:
Mr. Stuart Handler, a representative for Congregation Beth Shalom, contacted the Assessor’s Office early this year because of a new value placed on this property. The phone conversation was initially concerning the idea of this property being considered exempt due to being owned by the congregation. The Assessor’s Office researched leases for this property and realized that the property was being leased. Mr. Handler did agree that if the Rabbi did not wish to reside at this property, then it would be rented out.
This property was originally valued for $88,300 in the last billing cycle. When we recalculated the value for this property, the value that calculated was $220,900. This is the value that was appealed.
After looking into the matter, the Assessor’s office realized that the property classification was for an armory and a house. The system had valued additional information. This clerical error was corrected and the property owner was contacted with a new value, which was accepted by the appellant.
Ms. Russell explained to the Committee that there had been a clerical error in the system and that after the appeal had been filed, the Assessor was able to make the necessary corrections, which were accepted by the owner.
The Committee recommended acceptance of the stipulation.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Stipulation - 44 AASHA Hospitality
Location: 1706 North DuPont Highway (ED05-057.01-02-07.01)
Original Value: $8,269,600
Stipulated Value: $6,069,000
Background and Analysis:
Dr. Patel had originally met with the Assessor’s Office when the new value had been placed on his property for new construction. Dr. Patel had expressed concern for his land value at that time. He was informed that at that time for the supplemental billing, he could only appeal the added value. During the informal appeal, the value was looked at and an agreement based on the surrounding land values was accomplished.
The property owner was contacted with a new value, which was accepted by the appellant.
Ms. Russell explained to the Committee that the land value had been increased by too much by the former Assessor. After Ms. Russell looked into the matter, the necessary correction was made, which was excepted by the appellant.
The Committee recommended acceptance of the stipulation.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Stipulation - 1251 Limited
Location: 179 North DuPont Highway (ED05-068.18-01-33.00)
Original Value: $1,053,500
Stipulated Value: $ 348,300
Background and Analysis:
Information was supplied by LD Shank. Income and Expense Statements from 2003, 2004, and 2008 were submitted. The 2008 Income and Expense was a more detailed report and the Gross Income was similar to the earlier years submitted.
We reconstructed the Income and Expense report by adding the taxes back into the report and a value of $340,900 was calculated by the Assessor. Not understanding why there was still such a huge difference in value, the Property Record Card was thoroughly reviewed. It was found that in 2005 during the last revaluation, the property was incorrectly labeled. Once the error was corrected a value of $348,300 was calculated using the CAMA software.
An informal hearing was requested with Mr. Shank and his Appraiser, Mr. Gerry Records. The Assessor’s Office noted the year of the Income and Expense Report that was used was from 2008 and not from the period of the last revaluation, and because the value was so close, we were recommending the value that was generated from the CAMA system be used. The information that was used from CAMA was a model generated from Income and Expense statements that were submitted during the revaluation from 2005.
The new value was accepted by the appellant.
Ms. Russell explained to the Committee, that this had not been the first time Mr. Shank tried to appeal the value of this property but was denied by the previous Assessor.
By looking at the CAMA software Ms. Russell found that some of the information had been incorrectly labeled. Ms. Russell made the necessary correction. The new value was accepted by the appellant.
The Committee recommended acceptance of the stipulation.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Stipulation - Fogarty Enterprises
Location: 77 Acres - Lafferty Lane
Original Value: $ 4,847,800
Stipulated Value: $ 1,829,100
Background and Analysis:
Mr. Fogarty had requested an appeal of this property with Mr. Capuano in the fall of 2006 when this property was purchased and taken out of the Farm Land Exemption. At that time, Mr. Capuano had denied his request for an appeal since it was after the 30 day appeal period. Mr. Fogarty neglected to appeal the value in April 2007 and April 2008.
The property owner came in for an informal appeal on May 6, 2009. Before this meeting, the Assessor’s Office had researched area land sales and comparables and realized that the land was being valued as if it was not raw land. The property owner also submitted information that noted 34 acres of wetland.
Mr. Fogarty also submitted an appraisal from the bank when he purchased the property. This appraisal was reviewed, but could not be submitted as evidence since the City of Dover was not the intended user.
The property owner was going to request being put back into the Farm Land Program, but after much discussion, we determined that he was coming to the City for Site Plan Approval within the next 6 months and would have to be pulled back out of the program and taxed for the July taxes.
After looking into the matter, the Assessor’s office realized that the land value was not correct and was recalculated. The property owner was contacted with a new value, which was accepted by the appellant.
Ms. Russell explained to the Committee that Mr. Fogarty did supply the Assessor’s Office with information about the wetlands. After looking into the matter, the Assessor noticed a discrepancy with the land value and made the necessary changes. These changes were accepted by the appellant.
The Committee recommended acceptance of the stipulation.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Discussion - Tudor Industrial Park
Ms. Russell explained that this appeal was similar to Mr. Fogarty’s appeal, but that Mr. Tudor decided to have an appraisal done, which should be done by the end of May.
Discussion - Harman Brothers
Ms. Russell stated that this appellant decided to get an appraisal as well, which should be done by the end of May.
By consent agenda, Mr. McGlumphy moved for acceptance of the Tax Appeals Committee Report of May 21, 2009, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
SPECIAL UTILITY COMMITTEE REPORT - JUNE 1, 2009
A Special Utility Committee Meeting was held on June 1, 2009 with Chairman Ruane presiding.
Financial Forecast
Members were provided a Presentation of the 5-Year Financial Forecast for both the Electric Fund and Water/Wastewater Fund. Mrs. Mitchell, Controller/Treasurer, advised members that the forecast was developed based on certain assumptions and are subject to change.
Electric Fund
Mrs. Mitchell, Controller/Treasurer, reviewed the 5-Year Financial Forecast for the Electric Fund.
Responding to Mr. Ruane regarding the carbon tax (also referred to as a cap and trade), Mrs. Mitchell explained that a carbon tax has not been included in the forecast and that such an item would be reflected in the City’s power supply cost. She concurred that this item is a variable that could change the forecast for the future. Mr. DePrima, City Manager, also noted that the carbon tax could be reflected in the value of emissions credit.
Referring to purchased power, Mr. Snaman questioned why the costs are declining each year. Responding, Mrs. Mitchell explained that the hedges the City has in place are at the lower market rates and it is a combination of what is in place and what they are forecasting in the open market position.
Mrs. Mitchell advised members that during the budget process, she suggested that the financial forecasts be conducted in January, before the budget process begins, which would allow for a better understanding of the City’s position before preparing a draft budget. Mr. Ruane concurred and requested that there be an understanding that the Committee would be provided a revision of the Financial Forecasts in January.
The Committee recommended acceptance of the Electric Fund Financial Forecast with the understanding that the Committee would be provided a revision by January 2010.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Water/Wastewater Fund
Mrs. Mitchell, Controller/Treasurer, reviewed the 5-Year Financial Forecast for the Water/Wastewater Fund.
In response to Mr. Snaman regarding the manner in which the rates are raised for those customers who are “out of city”, Mr. DePrima, City Manager, advised members that the rates for “out of city” customers has traditionally been set to be 50% more than the “in city” rate. Mrs. Tieman, Senior City Administrator, indicated that the “out of city” rate is actually 1.5 times the “in city” rate.
Mr. Snaman suggested the possibility of increasing rates for “out of city” customers, explaining its benefits and incentive for annexation of property. Responding, Mr. DePrima stated that the “out of city” rates have not been proven to be an incentive for annexation and does not make up for the added tax that would be instituted. He recommended setting the rates based on a cost of service rather than as an incentive; however, he feared that a cost of service may not support the current “out of city” rate (50%). He also relayed concern with alerting the Public Service Commission, explaining that the City is not currently regulated by the Public Service Commission and he fears that if they began to receive complaints regarding the City’s “out of city” rate, then they may become involved.
Mrs. Mitchell advised members that this information was reviewed by the City’s financial advisor, Public Financial Management, and that they indicated that the forecast is an aggressive plan under a normal economic environment and relayed concern that approximately 30% of the City’s revenue will be attributed to rate increases.
Mrs. Mitchell provided members with “Alternative Forecasts - Combined Revenues and CIP” developed by staff and briefly reviewed and explained the various alternatives.
Due to time constraints, Mr. Ruane requested that the alternatives be presented back to the Committee at a future meeting to allow for further discussion and consideration.
The Committee recommended acceptance of the Water/Wastewater Fund - Five Year Financial Forecast, dated June 1, 2009, along with a commendation to Mrs. Mitchell and her staff for the work conducted on this matter.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
By consent agenda, Mr. McGlumphy moved for acceptance of the Special Utility Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JUNE 8, 2009
The Parks, Recreation, and Community Enhancement Committee met on June 8, 2009, with Chairwoman Russell presiding.
Presentation - Skate Park Update by Dover Public Skate Park Committee
On behalf of the Skate Park Committee, Mr. Chris Asay provided the Committee with an update on plans for a skate park. He explained that the Skate Park Committee had intended to come before the City to request a substantial amount of money to construct a permanent park. However, Mr. Asay acknowledged that, due to the current economic crisis, there are not sufficient funds available for a large regional skate park at this time. Reiterating the need for a skateboarding facility in the area, he requested the City’s support building a temporary skate park. Under this plan, the City would provide a paved area that members of the Skate Park Committee would develop into a temporary park until such time as the economy improves and a permanent park can be constructed.
Mr. Asay stated that the skate park would be constructed by volunteers, with the approval of Mr. Carter, Parks and Recreation Director, using donated materials. Construction would be a step-by-step process that would take place as materials become available. Mr. Asay presented a conceptual drawing to convey an idea of what such a park might look like. He explained that the Skate Park Committee and volunteers would be responsible for regular cleaning and management and that park hours would be from dawn to dusk. He requested that the City provide a port-a-potty at the site. It was his understanding that the City’s insurance carrier would cover the park as long as the property was properly posted, and with the requirement that the park not be monitored. Mr. Asay requested the Committee’s endorsement of the temporary skate park so that the proposal could be forwarded to City Council.
In response to Mr. Lewis, Mr. Asay stated some of the locations being considered included a parking lot south of Court No. 7, near the Police Department, the eastern half of the Pitts Center parking lot, the former Capital Cleaners site owned by Mr. Outten on Governors Avenue, and a parking lot near the site proposed for the new City library. He emphasized that, at this point, the Committee’s approval of the concept of a temporary skate park was being sought rather than an endorsement of a particular site.
In response to Mr. Hogan, Mr. Asay stated that at least 10,000 square feet (s.f.) would be required for a temporary park (as opposed to 16,000 square feet (s.f.) proposed for the permanent park) and that a park could conceivably be ready for use within two (2) months after approval, although several more months would be required for completion.
Mr. DePrima, City Manager, noted that using existing parking lots such as the Pitts Center and the area near the Police Department would present a violation of zoning ordinances, as zoning laws dictate a minimum number of parking spaces that must be available for these properties. In addition, Mrs. Townshend, Director of Planning and Community Development, explained that long-term, temporary use of a parking lot would also require site plan review, due to a change in use of the property. She also felt that the Pitts Center parking lot was heavily used during peak seasons and would not be a good option for this reason.
Mrs. Horsey expressed opposition to the Capital Cleaners location due to its proximity to the Historic District, the fact that it is unsafe due to traffic issues, and its location on a truck route. She noted that it is not a City-owned property. She feared that if it was approved as the location for a temporary skate park, it might then progress to a permanent site. She stated that this was not a preferred site for a permanent park in the Skate Park Committee’s original report, and she did not feel that it should be considered for a temporary park.
Mr. Eugene Stone, Skate Park Committee, stated that he shared Mrs. Horsey’s concerns regarding traffic but felt that provision of a sanctioned skate park would reduce this danger, as well as the threat to historic property.
Mr. DePrima suggested that the west side of Silver Lake Park near Washington Street might be a suitable location. He noted that the area is currently unpaved and that it already contains a port-a-potty. Mr. Carter, Parks and Recreation Director, concurred that this would be an acceptable area for a skate park.
In response to Mrs. Russell, Mr. Asay stated that the Skate Park Committee would consider using the Silver Lake location as a possible spot for the temporary skate park and would try to raise money for paving if the City cannot provide this service. He also noted that the Capital Cleaners site was eliminated from consideration for a permanent park due to the presence of hazardous materials that would complicate or prohibit excavation.
Mr. Dave Braun, Braun Engineering and Surveying, and owner of property adjacent to Capital Cleaners, stated his opposition to that location as a temporary skate park. He noted that over the past three (3) or four (4) years he has occasionally had to call the police to have skateboarders removed from the site due to language or safety issues. He stated that part of the lot is used as an alley, which is often obstructed by skateboarders and equipment and noted that there is a problem with trash. He urged the Committee to consider the welfare of the surrounding neighborhood. He agreed that skaters need a site; however, he did not feel that the Capital Cleaners location should be an option.
Mr. Stone responded that the area was unkept; however, he did not feel that skaters were necessarily responsible. He stated that one of the goals of the Skate Park Committee would be to clean and maintain the site.
Mr. Carter concurred with the concept of a temporary park. He felt that Silver Lake was the preferred location and that the Silver Lake Commission should be consulted.
Mr. Hogan moved to approve the concept of a temporary skate park with final site decision to be determined and brought back to the Committee. The motion failed for lack of a second.
Mr. DePrima stated that he had been negotiating with Mr. Outten to donate or lease his land at the Capital Cleaners site and requested the Committee’s guidance as to whether this option should be pursued or if the site should be removed from consideration.
The Committee recommended approval of the concept of a temporary skate park with final site decision to be determined and brought back to the Committee, with the understanding that the Capital Cleaners location would be removed from consideration.
By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Ruane absent).
Status Report on Americans With Disabilities Act (ADA) Compliance
During their meeting of December 8, 2008, the Committee recommended that the City Manager be instructed to provide an updated ADA compliance document to correspond with the showing of the effort to be made and what projects are remaining for total ADA compliance. Mr. DePrima provided the Committee with a status report on the City’s ADA Compliance Plan implemented in 2004, which indicated that out of 121 recommended improvements made in 2004, all but 26 items have been completed. He noted that an additional six (6) items were completed (replacement of paper towel dispensers) since the report was prepared and that by July 1, 2009, four (4) ADA-compliant port-a-potties will be installed in City parks, leaving 16 items remaining. Widening the bathrooms at the Dover Park is the biggest project remaining, as well as making the floor of the Council Chamber handicapped accessible.
Mr. DePrima thanked the Committee for having provided funding for this project through the Community Development Block Grant Program.
Proposed Ordinance #2009-12 - Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One-Family Residence Zones, Subsection 1.15 - Accessory Uses and Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces