REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 28, 2008 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. McGiffin, Mrs. Williams, and Mr. Ruane. Mr. Slavin and Mr. Salters were absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, 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 Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Eric O’Brien, 30 N. New Street, read a letter sent to the City through the Website Citizen Action Center regarding public nuisances, drug related activities, loitering, and other quality of life issues on North New Street (as on File in the Office of the City Clerk).
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Leary and unanimously carried.
Mr. Ruane requested that item #8B, Review of Proposed Amendments - C-2 (Central Commercial) and C-2A (Limited Central Commercial) Zoning Districts, be removed from the consent agenda.
Mr. Leary moved for approval of the consent agenda as amended, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF JUNE 30, 2008
The Minutes of the Council Workshop of June 30, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Williams and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 14, 2008
The Minutes of the Regular Council Meeting of July 14, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Williams and bore the written approval of Mayor Carey.
PRESENTATION - CERTIFICATE OF APPRECIATION AND CONGRATULATIONS - CLIFFORD WITHAM
The City Clerk read the following Certificate into the record:
MAYOR AND COUNCIL
Be It Hereby Known To All That
The Mayor and Council Commend
Clifford Witham
for Dedicated Service to the City of Dover
May 1988 - February 2009
20 Years of Service
The Mayor and Council Extend Sincere
Appreciation and Congratulations
Mayor Carey presented the Certificate and City Plaque to Mr. Clifford Witham in recognition of his 20 years of service to the City of Dover and congratulations on his retirement.
PRESENTATION - LUTHER TOWERS - PILOT
Mr. Gary Coy, Executive Director of Luther Towers, presented the City of Dover with a contribution in the amount of $15,024 for payment in lieu of taxes. He explained that although Luther Towers is exempt from paying City of Dover property taxes, they are very grateful for the services provided by the City and, therefore, it is their desire to share in the costs for City services that are associated with their facility.
On behalf of the City of Dover, Mayor Carey accepted the contribution and relayed appreciation for the voluntary contribution.
PRESENTATION - DOVER PUBLIC ANCHOR LIBRARY ARCHITECT
Mr. DePrima, City Manager, introduced several citizen volunteers who have been acting in an advisory capacity for the Dover Public Anchor Library and thanked them for the service they have been providing the City. He introduced Mr. Doug Moss of Holzman Moss, the architectural firm recommended for providing professional services for the Dover Public Anchor Library.
Mr. Moss provided posters serving as representative samples of libraries associated with Holzman Moss, each of which have very specific and unique attributes depending on the requirements of the community. Based on the Library’s current use, he noted the desperate need for its expansion, as well as the need to expand its opportunities. Mr. Moss stated that, as the architectural firm, they will begin the process by developing what a vision statement is and understanding the needs and objectives of the community and the City. He assured members that this will be a very inclusive process. He stated that the final phase of this step is the schematic design process, which is the first phase of an entire process of developing the design of the building, construction costs, scheduling, and funding. Upon completion and execution of a contract with the City, Mr. Moss anticipated that work would begin in August.
Responding to Mr. Ruane, Mr. Moss indicated that the professional services process should be completed by March 2009.
Council President Hogan suggested that the posters be provided for display at the Dover Public Library.
REQUEST FOR WITHDRAWAL OF REZONING APPLICATION/LAND DEVELOPMENT PLAN AMENDMENT - PROPERTY LOCATED AT 412 EAST LOOCKERMAN STREET, OWNED BY THE ESTATE OF GARY F. DALTON
A public hearing was duly advertised for this time and place to consider a rezoning and land development plan amendment for property located at 412 East Loockerman Street, owned by the Estate of Gary F. Dalton. The First Reading of the rezoning and land development plan amendment ordinance was held on May 27, 2008 at which time a public hearing was scheduled for July 28, 2008.
Mrs. Townshend, Director of Planning and Inspections, advised members that staff received a request from the applicant to withdraw the rezoning application. She explained that the applicants wish to pursue an alternative means to accomplish their plans for the property. She noted that during the latter part of the meeting (agenda item #14-A), members will be considering the referral of a zoning text amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One Family Residence Zone.
Responding to Mr. Ruane, Mrs. Townshend assured members that the zoning ordinance permits property owners to request text amendments.
Mr. McGlumphy moved for approval of the request to withdraw the rezoning application for property located at 412 East Loockerman Street, owned by the Estate of Gary F. Dalton. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 16 S. QUEEN STREET - BARBARA A. WILLIAMS AND OTHERS
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 16 S. Queen Street, owned by Barbara A. Williams and others.
Mr. Koenig, Public Services Manager, advised members that the structure at 16 S. Queen Street consists of a two (2) story brick dwelling with basement and wood framed addition and was found to be in violation of several building and property maintenance codes. The property was condemned on January 22, 2008, the utilities were disconnected on February 6, 2008, and the dwelling was boarded up and secured by City crews on February 7, 2008 after the property owner failed to secure the property. Mr. Koenig showed slides depicting the condition of the structure.
Mr. Koenig stated that the property owner, Mrs. Barbara A. Williams, has indicated that she does not have the financial means to repair the property. As of July 15, 2008, none of the violations have been corrected. He also advised members that, during the year, prior to the dwelling being boarded, the Dover Police Department responded to 20 complaints (3 being drug related) at 16 S. Queen Street. It was noted that demolition of the structure is estimated to cost $15,000 to $20,000.
Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by August 28, 2008 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.
Council President Hogan declared the public hearing open.
Mrs. Barbara A. Williams, 5500 West Godfrey - Philadelphia, indicated her desire for the property not to be destroyed. As the property owner, she advised members that the property has been in the family line and that she was financially unable to secure the property. She questioned if there was any grant monies or loans available that would provide her the necessary funds to refurbish the structure.
Mr. Rodney Wilson, the property owner’s son, advised members that he is currently in the process of obtaining funding to repair the house and noted that the house is over 100 years old. It is his understanding that the house is listed on the State’s Register of Historical Houses. It was his feeling that the house is repairable and that it should not be demolished at this time.
There being no one else wishing to speak, Council President Hogan declared the public hearing closed.
Mrs. Russell suggested that the property owners should be given the opportunity to make the necessary repairs and if action is not taken in a timely manner, then the demolition would occur.
In regards to the State’s Register of Historical Houses, Council President Hogan requested that staff confirm whether or not the house at 16 S. Queen Street is listed on the register.
Responding to Mr. Leary, Mr. Koenig stated that staff would need to evaluate the structure of the property to determine if the City could make the necessary repairs and place a lien on the property.
As a member of the Dover Housing Authority, Councilwoman Beverly C. Williams indicated that an option may be to contact the Authority for the purchase of the property. She explained that there is a program of the Dover Housing Authority to purchase properties, and in certain circumstances, demolish and rebuild homes for first time home buyers.
In response to Mrs. Russell, Mrs. Townshend reviewed the case history for this property, which included code violations beginning in 1999, ranging from routine housing inspections, exterior housing maintenance, etc. (approximately 20 cases). She explained that the case from January 22, 2008 came from a routine housing inspection in accordance with the annual rental dwelling inspections. The extent of the problems staff encountered was to the degree that condemnation was felt necessary, including electrical wiring, electric outlets, inoperable toilet facility with feces found in a pot in the bathroom, no working smoke detectors, cracks in walls, numerous water leaks, etc. She explained that these are not problems resulting from a structure not being maintained for a year, but significant issues that affect life safety and welfare of the residents, as well as the neighborhood.
Mrs. Townshend advised members that staff has taken pro-active code enforcement, specifically in the downtown area, and focused on housing inspections. In some cases, the violations are corrected, others are not, and there are others that have taken action by moving towards correction. In this case, she indicated that no corrections have been made to the numerous violations that were found.
Mr. McGiffin moved that the structure located at 16 S. Queen Street be declared a dangerous building and subject to demolition, as recommended by staff. The motion was seconded by Mr. Ruane.
Mrs. Russell moved to amend the August 28, 2008 date to be September 28, 2008 to provide an additional 30 days for the property to be repaired or demolished, seconded by Mr. McGlumphy and unanimously carried.
The motion that the structure located at 16 S. Queen Street declared a dangerous building and subject to demolition, as recommended by staff, with the amendment to replace August 28, 2008 with September 28, 2008, was carried by a roll call vote of six (6) yes, one (1) no (Mrs. Russell) and two (2) absent (Mr. Slavin and Mr. Salters).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 230 W. DIVISION STREET - SARAH E. JONES
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 230 W. Division Street, owned by Sarah E. Jones.
Mr. Koenig, Public Services Manager, advised members that the structure at 230 W. Division Street consists of a two (2) story brick and wood frame building with a basement. He stated that a fire occurred on October 16, 2007 and the building was condemned and posted by the Inspections Department on October 17, 2007. The utilities have been disconnected since October 16, 2007. Mr. Koenig stated that prior to the fire, two (2) businesses and four (4) apartments were located in the structure. Mr. Koenig showed slides depicting the condition of the structure.
As of July 15, 2008 no repairs have been made and no plans have been submitted to the City of Dover for review. The City originally sent notice to Ms. Jones on February 15, 2008 declaring the structure dangerous as per City Ordinance. Staff met with and informed both Mrs. Jones and representatives from H Construction Company of Delaware, Inc. of the City’s responsibility to move forward with the administrative process for condemnation of the property. Mr. Holmes of H Construction Company indicated that he would be presenting Ms. Jones with a contract to renovate the structure. It was understood that all plans for the commercial portion of the structure must be signed by an architect. Mr. Koenig advised members that Ms. Jones indicated her intentions to repair the structure. It was noted that demolition of the structure is estimated to cost $25,000 to $30,000.
Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by August 28, 2008 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.
Mr. Koenig advised members that since the committee action form was prepared, Mrs. Jones has met with Mr. Perez, Main Street Dover, and has had bank lenders examine the property and provide her with guidance regarding the action necessary to develop a financing package to bring forth a renovation project for this building. If a renovation package is presented for this building by Mrs. Jones, Mr. Koenig indicated that, due to the commercial nature of the project, a signed and sealed architect plan and a building evaluation by a structural engineer would be required. He explained that there would be significant renovations necessary for this building.
Council President Hogan declared the public hearing open.
Mrs. Sarah Jones, 1320 West State College Road, advised members that, as the property owner, she has attempted to keep the building in good repair since the fire occurred. She stated her desire to restore the building, explaining that contractors have been contacted for assistance, estimates are being obtained for plumbing and electric, and that an estimate has been received for the repair of the roof. She also indicated that attempts are being made to obtain funding assistance for the restoration. Mrs. Jones requested additional time for completion of this project, assuring members of her intentions to move as fast as possible in bringing the building to code.
There being no one else wishing to speak, Council President Hogan declared the public hearing closed.
Mr. Leary moved that the structure located at 230 W. Division Street be declared a dangerous building and subject to demolition, as recommended by staff. The motion was seconded by Mr. McGiffin.
Mrs. Russell moved to amend the August 28, 2008 date to be September 28, 2008 to provide an additional 30 days for the property to be repaired or demolished, seconded by Mr. McGlumphy and unanimously carried.
The motion that the structure located at 230 W. Division Street be declared a dangerous building and subject to demolition, as recommended by staff, with the amendment to replace August 28, 2008 with September 28, 2008, was carried by a roll call vote of six (6) yes, one (1) no (Mrs. Russell) and two (2) absent (Mr. Slavin and Mr. Salters).
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that propose to increase fees associated with Planning Commission, Board of Adjustment, and Administrative Applications.
Mrs. Williams moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of these ordinances was accomplished during the Council Meeting of June 9, 2008).
Mrs. Townshend, Director of Planning and Inspections, noted that the First Reading and referral of these ordinances were accomplished during the Council Meeting of June 9, 2008, explaining that zoning text amendments require the review of the Planning Commission and a public hearing. She advised members that since the referral of the proposed amendments was accomplished prior to the Budget Hearings held on June 10, 2008 whereby Council denied the City Manager’s recommendation to increase revenue through tax increases, permit fees, business licenses, and excess balances, the Planning Commission reviewed the proposed amendments. She reminded members that the FY2009 Budget was approved without any fee increases. Based on the volume of applications reviewed by the Planning Office, Mrs. Townshend advised members that the Planning Commission recommended that City Council consider increasing the fees associated with these applications so that the Planning Office can be adequately staffed.
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.
Mrs. Williams moved to table action of the proposed zoning text amendments, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
UTILITY COMMITTEE REPORT - JULY 14, 2008
The Utility Committee met on July 14, 2008 with Chairman Ruane presiding.
2008 Comprehensive Plan Review: Utility Chapter (with Committee Recommendations Incorporated)
During their meeting of June 9, 2008, members reviewed the Utility Chapter of the 2008 Comprehensive Plan, which included Chapter 7 - Public Utilities and Infrastructure Plan, and made several recommendations. As a result, staff provided a revised Chapter 7, which included the committee recommendations, for review.
Mrs. Townshend, Director of Planning and Inspections, referred to page 13 and indicated that the energy and electricity consumption information is still under development. She also indicated that staff will be providing additional information regarding storm sewers, as well as the Energy 2030 Plan. Mrs. Townshend advised members that the plan is to submit a draft 2008 Comprehensive Plan to City Council for forwarding to the State of Delaware. She assured members that although the Plan would be presented to the State, the City can continue to make revisions.
Responding to Mrs. Williams, Mrs. Townshend stated that staff did not include any comments regarding the Water Cooperative Project. Mrs. Williams suggested that staff review the Summary Report Analysis for consideration of some inclusion.
Mr. DePrima felt that the level of detail provided for the CIP Projects, which consists of several pages, is beyond what is expected for a Comprehensive Plan. He suggested that staff consider providing the CIP Project descriptions and including it in a chart, which would consist of a few pages. He explained that reference could be made to the City’s CIP Report for obtaining further details.
Referring to “Recommendation 2: Implement a Stormwater Utility within the City of Dover”, Mr. DePrima suggested that the language reference conducting a study to determine the need to create a stormwater utility, explaining that the current language insinuates that it has already been determined. He also suggested that staff consider eliminating the reference to the “Consolidated Utility Plan” (Recommendation 1: Update Utility Plans Regularly). He advised members that there was a previous desire to assure that the utility departments communicate with each other regarding their projects. Since these utility departments have been integrated into one (1) department, Mr. DePrima suggested that there may no longer be a need for the consolidated plan.
PACE/NAES Monthly Report (May)
Mr. DePrima provided the PACE/NAES Monthly Reports for May 2008. He reminded members that the reports are being provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. It was not his intention to make a presentation of the report; however, he welcomed any questions.
The committee recommended acceptance of the PACE/NAES Monthly Report for May 2008.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
By consent agenda, Mr. Leary moved for acceptance of the Utility Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 14, 2008
The Legislative, Finance, and Administration Committee met on July 14, 2008 with Chairman Slavin presiding.
Financial Policy Review
During their meeting of June 23, 2008, members were provided a revised Financial Policy for their consideration. Mrs. Mitchell, Controller/Treasurer, reviewed a presentation of the Financial Policies and proposed changes. Due to time constraints, members accepted the report for further discussion. For clarification, Mr. McGlumphy indicated that as a result of the explanation provided regarding the transfer of funds from the utilities to the General Fund, members will have additional questions of the Controller/Treasurer and the City Manager.
Mrs. Mitchell continued the review of the presentation (beginning with page 16), which included responses to the committee recommendations made during their meeting of June 23, 2008 (see page 17). In response to the concern regarding the increase in utility transfers to the General Fund, she provided a table depicting the impact of transfer based on percentage. She reminded members that there was a suggestion to use a fixed dollar amount rather than a percentage.
Responding to Mr. McGlumphy, Mrs. Mitchell stated that although she had shared the same concerns regarding the General Fund dependency on the utility transfers, she reminded members that the City Manager had explained that there are instances when utility repair or replacement causes repair or replacement to a General Fund asset. As an example, when a new water or sewer line is installed, the streets are damaged. Since the General Fund pays for street improvements, the transfer allows for the utility to help recover some of the costs that it created.
With reference to the suggestion for the use of a fixed dollar amount rather than a percentage, Mr. DePrima stated that there is a need to review the transfer amount each year. He explained his understanding regarding a dramatic increase in power costs becoming a windfall for the General Fund, which is why the percentage was decreased from 8% to 6.5%. As an alternative, he suggested that a review be required if the power costs were to increase above a certain amount, such as 10% in any given year.
Concurring with Mrs. Williams, Mr. McGlumphy felt that the public would better understand the use of a fixed dollar amount rather than a percentage and that it would provide a more transparent government for the residents.
The committee recommended acceptance of the Financial Policies.
Mrs. Mitchell reviewed additional amendments made to the Financial Policies, as suggested by the committee.
Mr. Leary moved for approval of the committee’s recommendation for the adoption of the Financial Policies (Exhibit #1) as presented. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
Selection of Architect - Dover Public Anchor Library
Members were advised that a “Request for Qualifications” (RFQ) was conducted for selection of an architectural firm for providing professional services for the Dover Public Anchor Library. Mr. Zach Carter, Parks and Recreation Director, advised members that 19 various entities responded to the RFQ and that 19 proposals were reviewed, with six (6) firms selected for interviews. In addition to himself, he advised members that the interview panel consisted of the following: Mr. DePrima, Councilman Ruane, Ms. Dorothy Snyder, Mr. Jim Stewart, Ms. Joan Stover, and Mrs. Kay Dietz-Sass. Mr. Mike Petit de Mange, Kent County Administrator, was also scheduled to be on the interview panel; however, he was not able to attend the interviews. Mr. Carter explained that the panel utilized criteria and a score sheet for determining the potential contractors. After the interview sessions and discussion among the panel, the firm of Holzman Moss was chosen for the project due to their experience with building public libraries. He indicated that Holzman Moss has been involved with the planning and design for more than 6.5 million square feet of library space and that the firm has developed a keen understanding of issues that must be addressed in the programming and design of libraries. Mr. Carter assured members that Holzman Moss has met all obligations to date.
Staff recommended awarding the Professional Services contract for the Dover Public Anchor Library to Holzman Moss Architecture firm for the amount of $530,750, which includes the total expenses and estimated 10 percent (10%) of project reimbursable expenses, and that the City Manager be granted permission to enter into the contractual agreement.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation to award the Professional Services contract for the Dover Public Anchor Library to Holzman Moss Architecture firm for the amount of $530,750, which includes the total expenses and estimated 10 percent (10%) of project reimbursable expenses, and that the City Manager be granted permission to enter into the contractual agreement. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
2008 Comprehensive Plan Review: Growth and Annexation Plan, Land Development Plan, and Economic Development
Due to time constraints, members deferred their review of the 2008 Comprehensive Plan during their meeting of June 23, 2008. Mrs. Townshend, Director of Planning and Inspections, provided members with Chapter 10 - Economic Development, Chapter 9 - Transportation, Chapter 12 - Land Development, and Chapter 13 - Growth and Annexation of the 2008 Comprehensive Plan Update for their review.
Mrs. Townshend advised members that the plan is to submit a draft 2008 Comprehensive Plan Update to City Council for forwarding to the State of Delaware. She assured members that although the Plan would be presented to the State, the City can continue to make revisions.
Responding to Mr. Slavin, Mrs. Townshend requested that, at this time, if there are any objections or concerns regarding these Chapters, that members provide their input; however, she reiterated that members will be provided the opportunity to make additional revisions.
The committee recommended acceptance of the 2008 Comprehensive Plan Review: Growth and Annexation Plan, Land Development Plan, and Economic Development as presented by staff.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
Audit Committee to Discuss the Fiscal Year 2008 Audit Program
Mrs. Mitchell, Controller/Treasurer, advised members that staff has been implementing a new standard for an Audit Committee for the last two (2) years. She introduced Ms. Janis Nesterak from the audit firm Faw, Casson and Company, LLP, who reviewed a presentation of the Auditor’s Responsibility for Communicating with the Audit Committee.
Mrs. Mitchell reviewed the planned scope and timing of audit, including future meetings and the audit calendar. To assist members with a better understanding, she provided information, including an article entitled A New Vision for Public Sector Audit Committees, issued by the Government Finance Review.
The committee recommended acceptance of report of the Auditor's Responsibility for Communicating with the Audit Committee.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JULY 15, 2008
The Parks, Recreation, and Community Enhancement Committee met on July 15, 2008 with Chairwoman Russell presiding.
Selection of Architect - Dover Public Anchor Library
Members were advised that a “Request for Qualifications” (RFQ) was conducted for selection of an architectural firm for providing professional services for the Dover Public Anchor Library. Mr. Zach Carter, Parks and Recreation Director, advised members that 19 various entities responded to the RFQ and that 19 proposals were reviewed, with six (6) firms selected for interviews. In addition to himself, he advised members that the interview panel consisted of the following: Mr. DePrima, Councilman Ruane, Ms. Dorothy Snyder, Mr. Jim Stewart, Ms. Joan Stover, and Mrs. Kay Dietz-Sass. Mr. Mike Petit de Mange, Kent County Administrator, was also scheduled to be on the interview panel; however, he was not able to attend the interviews. Mr. Carter explained that the panel utilized criteria and a score sheet for determining the potential contractors. After the interview sessions and discussion among the panel, the firm of Holzman Moss was chosen for the project due to their experience with building public libraries. He indicated that Holzman Moss has been involved with the planning and design for more than 6.5 million square feet of library space and that the firm has developed a keen understanding of issues that must be addressed in the programming and design of libraries. Mr. Carter assured members that Holzman Moss has met all obligations to date.
Staff recommended awarding the Professional Services contract for the Dover Public Anchor Library to Holzman Moss Architecture firm for the amount of $530,750, which includes the total expenses and estimated 10 percent (10%) of project reimbursable expenses, and that the City Manager be granted permission to enter into the contractual agreement.
Mr. Tenusak suggested that staff provide a more detailed timeline schedule in order for the public to participate in this project.
City Clerk’s Office Note: The Legislative, Finance, and Administration Committee considered this matter during their meeting of July 14, 2008 and recommended approval of staff’s recommendation.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation to award the Professional Services contract for the Dover Public Anchor Library to Holzman Moss Architecture firm for the amount of $530,750, which includes the total expenses and estimated 10 percent (10%) of project reimbursable expenses, and that the City Manager be granted permission to enter into the contractual agreement. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
Review of Proposed Amendments - C-2 (Central Commercial) and C-2A (Limited Central Commercial) Zoning Districts
During their meeting of October 23, 2007, members reviewed proposed zoning text amendments to Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A); Article 4 - Zoning Bulk and Parking Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A Zones]; and Article 5 - Supplementary Regulations, Section 10 - Open Space, Recreation, and Other Public Facilities. The committee recommended that the proposed ordinance amendments be revised to include the suggestions of members and that it be brought back to the committee for further review and recommendation. It was noted that Mr. Ruane previously requested that when this matter is brought back to the committee, that staff present it in a contextual manner, inclusive of examples and transparency.
Mrs. Townshend reminded members that the proposed ordinance amendments are intended to promote redevelopment of the downtown area. The amendments would makes changes to the uses permitted in the C-2A (Limited Central Commercial) Zone and to the parking and bulk standards of the C-2 (Central Commercial) Zone and C-2A Zone. She stated that they would also amend the requirements for active open space within these zones. The proposed amendments were developed to better facilitate mixed use development and redevelopment within the downtown area; however, Mrs. Townshend noted that there are other areas that would be affected by the proposed amendments. She indicated that the committee recommendations have been incorporated in the proposed amendments.
Responding to Mr. McGlumphy regarding the suggestion of requiring a cash-in-lieu of for parkland, Mrs. Townshend stated that developers have indicated that the costs for providing a cash-in-lieu of open space has been deterrent for developers coming into the downtown area as well as current developers considering the sale of property.
Mr. Connie Malmberg, 30 The Green, explained that anytime a cost is increased, there is a reduction in its supply. With regards to downtown, he stated that the parcels being considered for development currently consist of concrete. He explained that the open space requirement, if applied to multi-story residential units, would make it near impossible to bring residents downtown. It was his opinion that the current ordinance regarding open space was not intended for the downtown area.
If a fee is required of developers in the downtown area, Mr. DePrima suggested that the funds be earmarked for investing into the downtown by making it more attractive and increase demand. As an alternative, rather than focusing on the C-2 properties, he suggested that this issue be included in the downtown development incentives where it would become a waiver for any zone, such as RG-1 apartments. This would allow developers to apply for the waiver and then they would only be required to pay 10% of the value of the waiver, which would be provided to the Downtown Partnership Corporation who would invest it in the downtown.
Mr. Carter, Parks and Recreation Director, stated his opinion that as the downtown develops, people will want open space in the area. He felt that there should be a compromise regarding the contribution required for the downtown area.
Responding to the request of Mr. Lewis to include a description of Article 5, Section 10, as referenced in lines 34 and 35, Mrs. Townshend explained that when the Code references other sections in the Code, a description is not typically included since the reader can access the appropriate section. Mr. Lewis felt that this was a circumstance that the description should be included.
After much discussion, Mrs. Townshend suggested the elimination of lines 34 and 35 in their entirety, in order for the remainder of the ordinance amendments to be forwarded to Council for their consideration, that the current open space ordinance be amended to include the downtown target area as an exemption, and that a separate ordinance be presented to the committee to address the open space issue.
The committee recommended adoption of the proposed ordinance amendments with the removal of lines 34 and 35, the addition of developments in the downtown redevelopment area to the exemption section of Article 5, Section 10 of the Open Space, Recreation, and Other Public Utilities, and direct the Planning Director to develop an ordinance that would allow contributions from residential properties in the downtown redevelopment area for improvements to downtown development.
Mr. Ruane noted that the First Reading, scheduled to be held during the latter part of the meeting, does not include the amendments as recommended by the committee. Explaining his support, he suggested that the First Reading be reflective of the amendments recommended by the committee and not the document provided for the First Reading.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried.
2008 Comprehensive Plan Review
During their meeting of May 13, 2008, members began their review of the update on the Comprehensive Plan Amendment. Mrs. Townshend, Director of Planning and Inspections, provided members with Chapter 4 - Citizen Participation, Chapter 5 - Natural Resources and Environmental Protection Plan, and Chapter 6 - Historic Preservation, of the 2008 Comprehensive Plan Update for their review.
Mrs. Townshend advised members that the plan is to submit a draft 2008 Comprehensive Plan Update to City Council for forwarding to the State of Delaware. She assured members that although the Plan would be presented to the State, the City can continue to make revisions through September 30th and maybe longer.
Responding to Mr. Tenusak, Mrs. Townshend indicated that copies are available at the Library, at City Hall, and on the City’s Website.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, indicated that an informational meeting was held with the residents near the Puncheon Run Watershed, which was well attended. An additional meeting will be held once information is received from the Department of Transportation.
Planning and Funding for New Library
Mr. Carter, Parks and Recreation Director, reviewed a revised update provided to members regarding the planning and funding for the new library. In addition to the information provided, he advised members that staff met with representatives of the Kiwanis and announced that a $200,000 commitment to the new building was received from the Friends of the Dover Public Library. Mr. Carter indicated that a $500 donation has been received from the Friends of Old Dover for the new building and the donation is being made in the names of Ann Baker Horsey and Justice Henry Ridgely Horsey, who was awarded the James B. Jackson Historic Preservation Award by the Friends of Old Dover for 2008.
Mr. Carter advised members that the Dover Public Library participated in the African American Festival and that there were several visitors relaying their support of the project. He also indicated that the State’s Budgeted Bond Bill includes $4M for the project, providing a total of $5,164,300 committed by the State in the Bond Bill with more expected in the future.
Mr. Carter announced that a new Library Director has been selected, Marjorie Cyr, who will begin working for the City on September 16th and on September 17th, there will be an Open House to allow the public to meet and greet the new Library Director.
CDBG Program
Members were provided the status report on the FY 2007 Program Funds Spent for the CDBG Program. Mrs. Harvey, Community Development Director, indicated that the waiting list for the home ownership rehabilitation program was opened and that the City received the first 20 applications.
Skate Park Committee
Members were provided a detailed report on the Dover Public Skate Park Project, provided by the Dover Public Skate Park Project Committee. On behalf of Chairman Holden, Mr. Chris Asay and Ms. Dawn Pyne, members of the committee, reviewed the report and committee’s goals.
Mrs. Horsey noted the damage being caused by skate boarders on private and public property, particularly historical structures. Mr. DePrima suggested that the committee members attempt to provide education to skaters regarding the damages that can be caused as well as the restricted sites in the area.
Mr. Ruane moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - JUNE 2008
By motion of Mr. Leary, seconded by Mrs. Williams, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Manager's Report
Planning and Inspections Report
Dover Fire Department Report (May and June)
QUARTERLY REVENUE REPORT
Mrs. Mitchell, Finance Director/Treasurer, reviewed the Revenue Report as of June 30, 2008.
Mr. Ruane relayed his concern regarding the excess carry forward balance and explained his request that these amounts be clearly identified and, if not already accomplished, presented to Council for determining their use rather than for the budget team to assume they serve as revenue.
Responding, Mrs. Mitchell reminded members that the Financial Policies, as amended and adopted by Council this evening, have been revised to require the excess carry forward balances to be presented to Council for determining their use.
Mr. McGlumphy moved for acceptance of the Quarterly Revenue Report as of June 30, 2008, seconded by Mr. Leary and unanimously carried.
2008 COMPREHENSIVE PLAN - PRELIMINARY DRAFT
Members were provided a preliminary draft of the 2008 Comprehensive Plan, which was reviewed by Mrs. Townshend, Director of Planning and Inspections. She indicated staff’s desire to submit the Draft Plan to the State of Delaware for the preliminary land use service review process, which takes approximately two (2) to three (3) months. She assured members that the State’s review process will take place simultaneously with the City’s continuing to refine the text of the Plan and that additional revisions will be permitted by the City during this time. Mrs. Townshend stated that the State’s comments should be received by the end of September or the first of October. A public comment period would remain open until September 30th and it is hoped to schedule a Planning Commission meeting for October and City Council meeting in November or December to allow for a public hearing on the final Plan.
Mr. Ruane relayed his reluctance in moving forward at this time, feeling that this review of the plan is very preliminary and that there has been few workshops and public meetings to allow for comments. He suggested that the Plan be presented to the State as a “discussion” document only and not be reflective of Council’s endorsement.
Mr. Leary moved to instruct the Director of Planning and Inspections to move the 2008 Comprehensive Preliminary Draft Plan on through the process, with the understanding that the Plan will come back to Council at some future point. The motion was seconded by Mr. McGlumphy.
Responding to Mr. Ruane, Mrs. Townshend stated that the City of Dover adopted its Comprehensive Plan in 2003. By State law, the City is required to update the Plan every five (5) years; therefore, technically, the City’s Updated Plan should be adopted by September 2008. She stated that the State is aware of the City’s delay and has provided both counties several extensions in terms of their Comprehensive Plan. Mrs. Townshend advised members that where the delay specifically impacts the City the most is that if the City is not current with the Comprehensive Plan, the City cannot consider annexations. Therefore, any delay could impact the City’s ability to annex an enclave property that an applicant may wish to have developed.
The motion to instruct the Director of Planning and Inspections to move the 2008 Comprehensive Preliminary Draft Plan on through the process, with the understanding that the Plan will come back to Council at some future point, was carried by a roll call vote of six (6) yes, one (1) no (Mr. Ruane), and two (2) absent (Mr. Slavin and Mr. Salters).
EVALUATION OF BIDS - LAFFERTY LANE PUMP STATION REPLACEMENT
The FY-2008 Operating Budget for the Public Utilities Water/Wastewater Management Division included a capital project to replace and upgrade the existing Lafferty Lane Pumping Station. The Lafferty Lane Pump Station is a major hub station for the southeast side of the City and is now a collection point for flows being pumped into the Kent County Central Transmission Bypass (CTB). The following five (5) pumping stations currently discharge into the Lafferty Station: 1) South Little Creek Road; 2) McDaniel Business Park (private); 3) Bryan Business Park (private); 4) Kent County’s Little Creek Station; and 5) the Dover Brook Gardens pumping station. Mr. Lunt indicated that another station may be added in five (5) years (Pickering Beach). The Lafferty Lane Pumping Station was the first City of Dover pumping station to be directed into the Kent County Central Transmission Bypass and is currently pumping at the original design capacity. The White Oak Farms and US Route 13 East pumping stations have also been connected into the CTB which has drastically increased pressures in the force main and a capacity increase is required to handle the peak flows. Mr. DePrima, City Manager, advised members that the upgrade includes the replacement of the existing motors, pumps, internal piping, installation of new electrical equipment and controls, bypass pumping and miscellaneous site improvements.
Mr. DePrima stated that the bid package was advertised to the public as a Request for Proposal and that four (4) contractors submitted proposals. Staff recommended awarding the project to the low bidder, Zober Contracting Service, Inc., for $267,094.
Mr. McGlumphy moved for approval of staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
EVALUATION OF BIDS - ST. JONES SUBSTATION STRUCTURES
Mr. DePrima, City Manager, advised members that materials for the structural steel, switches, bus-work, and insulators are required to re-construct the St. Jones Substation. This work is related to the 69kV Feeders 3 and 4 Project.
Staff recommended awarding the bid to the low bidder, MD Henry Co. Inc, for the amount of $367,250.00.
Mrs. Williams moved for approval of staff’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
EVALUATION OF BIDS - SCADA EQUIPMENT TECHNOLOGY UPGRADE
Mr. DePrima, City Manager, explained that the purpose of the SCADA Equipment Technology Upgrade Project is to replace antiquated and/or obsolete remote terminal units (RTUs) at sewage pumping stations. The Public Utilities Department intends to purchase eight (8) RTU units. Installation and associated work is to be performed under either the existing SCADA Maintenance Contract or separate Pump Station Replacement installation bid package. He stated that these RTU’s are the field components of the SCADA system, which is a proprietary system; therefore, it is necessary to purchase the new RTU’s from the original equipment manufacturer, (OEM) Siemens Power Transmission and Distribution.
Staff recommended approval of the purchase of eight (8) RTU units for $5,800 each from the sole vendor, Siemens Power Transmission and Distribution, Inc., for a total amount of $46,400.
Mrs. Williams moved for approval of staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin and Mr. Salters absent).
FIRST READING - PROPOSED ZONING ORDINANCE AMENDMENTS
Council President Hogan 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 ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on August 18, 2008 and that a public hearing take place during the Council Meeting of August 25, 2008, at 7:30 p.m., at which time, final action by Council will take place. It was noted that the Parks, Recreation, and Community Enhancement Committee reviewed the proposed amendments during their meeting of July 15, 2008 and recommended their adoption with amendments (see recommendation considered earlier in the meeting).
Mrs. Townshend, Director of Planning and Inspections, explained that the Parks, Recreation, and Community Enhancement Committee’s recommendation would require a separate ordinance to resolve the issue of open space.