REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 23, 2008 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters (arrived at 7:44 p.m.), and Mr. Ruane. Mrs. Russell was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, Mrs. Tieman (in the absence of 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
As a result of the Budget Hearings, Council President Hogan stated that staff has requested the deletion of item #17A-a-21 - Pay for Performance (P.F.P.) Calculation Worksheet - Non-Bargaining Employees.
Mr. Leary requested the deletion of item #15B - Rezoning Request/First Reading for Properties Located at 1211, 1223, and 1225 North DuPont Highway; and items #16A-E - First Reading of Ordinances (tabled during 5/27/2008 Council Meeting).
Mr. Leary moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.
Mrs. Williams requested that item #9C, City Assessor Report, be removed from the consent agenda.
Mr. Leary moved for approval of the consent agenda, as amended, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 9, 2008
The Minutes of the Regular Council Meeting of June 9, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mr. McGlumphy and bore the written approval of Mayor Carey.
PRESENTATION - DOVER INTERFAITH MISSION FOR HOUSING AWARDS FOR COMMUNITY SERVICE FOR THE HOMELESS
Mayor Carey presented Certificates of Recognition to Jeanine Kleimo, Lee MacCallum, Jack Hughes, Richard Katcher, Cathy Kopera, Mel Mahoney, and Lois Myers and relayed gratitude for the service they provided to the City of Dover in support of the temporary shelter for the homeless during the winter months of 2007-2008.
Ms. Kleimo thanked the City for their cooperation. As a result of the shelter closure operated by the House of Pride last year, she stated that faith community representatives met to determine what could be done to assist the homeless. In a short period of time, 20 faith communities were brought together to operate a shelter that rotated among four (4) local churches. This interfaith effort provided shelter for 49 men, during the eight (8) coldest weeks during the winter, of which 29 were regular guests. A partnership with the House of Pride provided a site for intake and showers for sheltered guests and gave volunteers a location to screen those seeking shelter. She advised members that several of these homeless men were able to stabilize their lives during this period of time by securing jobs and permanent housing and became regular working members of the community.
Ms. Kleimo indicated that over 300 volunteers contributed over 6,000 hours, including some members of City Council. She explained that need for a permanent homeless shelter as well as transitional housing in the City of Dover and that supportive services must accompany these shelter efforts. To work towards achieving these goals, she advised members that a new non-profit organization was formed, the Dover Interfaith Mission for Housing. In order for their efforts to be successful, Ms. Kleimo requested that the City of Dover become an active partner and meet with the organization to chart a course of action. She assured members that the result would be a City with a vibrant partnership between the public sector and citizen volunteers that are able to address the needs of the homeless and create paths of opportunity to enable them to regain productive lives.
Mr. Herb Conawitz advised members that, in addition to his volunteering for Score, to help the small businesses in the area that are struggling he became involved with the homeless and, as a result, became involved with the House of Pride. He reiterated the serious homeless problem in the community and the help required of the City to address these issues. In addition to the Dover Interfaith Mission for Housing, Mr. Conawitz noted that there is an established recovery facility in the City of Dover, the House of Pride. He reminded members that the House of Pride has been working with recovering alcoholics and those who suffer from drug addiction for over 25 years. He advised members of the important role the House of Pride provides to the community. Having recently been cited for over 200 code violations, he stated that 187 have been corrected and action is being taken to resolve the remainder of the violations. Noting that the House of Pride has been denied any grant monies as a result of these violations, which have been or are in the process of being corrected, he requested that the City provide support in recognition of their efforts.
PROPOSED RESOLUTION - INFANTSEE® PROGRAM
The City Clerk read a proposed Resolution - Infantsee® Program, into the record.
Mr. Slavin advised members that he was recently made aware of the importance of early detection of eye problems in children and of the Infantsee® Program, a public health program offered for a one-time, no-cost eye assessment for infants six (6) to twelve months of age. In an effort to inform the citizens of this program, he suggested that members consider adoption of the proposed Resolution and introduced Dr. Underwood.
Dr. Underwood explained the Infantsee® Program, which has been in operation for two (2) years throughout the country. He advised members that there are several optometrists in the City of Dover that offer this program and that additional information regarding this program, including participating optometrists, can be obtained from www.infantsee.org or by calling his office at 302-678-3932.
By motion of Mr. Slavin, seconded by Mr. Leary, Council, by a unanimous roll call vote (Mrs. Russell absent), adopted the following Resolution:
COUNCIL RESOLUTION NO. 2008-11
WHEREAS, The most critical stages of vision development occur in the first year of a child's life and undetected eye and vision problems can lead to permanent vision impairment or loss of life; and
WHEREAS, 1 in 10 children is at risk from undiagnosed eye and vision problems and 1 in 30 children will be affected by amblyopia- a leading cause of vision loss in people younger than 45 years, and 1 in 20,000 children have retinoblastoma (intraocular cancer), the seventh most common pediatric cancer; and
WHEREAS, Undetected vision problems can contribute to a decrease in a child's quality of life and may lead to developmental and behavioral difficulties which impede classroom learning, as well as increase the costs to society; and
WHEREAS, Early detection of vision problems is the best way to treat and prevent permanent vision impairment; and
WHEREAS, Member Optometrists of the American Optometric Association have created InfantSEE®, a public health program to provide a one-time, no-cost eye assessment for infants six to twelve months of age;
NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Dover, Delaware commends the profession of Optometry and the members of the Delaware Optometric Association for dedicating their expertise and services to the infants of Delaware; and
BE IT FURTHER RESOLVED, The Mayor and Council of the City of Dover encourage parents to schedule an InfantSEE® assessment for their infants.
ADOPTED: JUNE 23, 2008
Mr. McGlumphy suggested that Dr. Underwood assist staff in developing an appropriate informative message to be included on the City’s next cycle of electric billings in an effort to notify the residents of this program.
Mr. Salters offered to provide a table at the African American Festival for distributing information regarding the Infantsee® Program.
PROPOSED RESOLUTION - APPOINTMENT OF A SUCCESSOR TRUSTEE
Mrs. Mitchell, Controller/Treasurer, reminded members that the City will be issuing $22,200,000 of Electric Revenue Bonds. As a result, staff has reviewed various trustees to manage the bond reserve accounts. Based on the fee quotes received, staff recommended appointing The Bank of New York as successor trustee, replacing US Bank Corporation, and adoption of a Resolution for appointing a successor trustee.
By motion of Mr. McGlumphy, seconded by Mr. McGiffin, Council, by a unanimous roll call vote (Mrs. Russell absent), adopted the following Resolution:
COUNCIL RESOLUTION NO. 2008-12
A RESOLUTION APPOINTING A SUCCESSOR TRUSTEE FOR THE CITY OF DOVER ELECTRIC BONDS
WHEREAS, pursuant to Chapter 158, Volume 36, Laws of Delaware, as amended (the “City Charter”) and Chapter 111, Volume 52, Laws of Delaware, as amended (collectively, the Enabling Acts”), the City of Dover (the “City”) is authorized to issue revenue bonds for the purpose of financing and refinancing improvements to its electric system;
WHEREAS, pursuant to the Enabling Acts, the City adopted a Resolution on December 23, 1985, as subsequently supplemented (the “Original Bond Resolution”) in order to issue various series of electric revenue bonds;
WHEREAS, the Original Bond Resolution was amended and restated by a Resolution adopted on August 23, 2004 (the “Bond Resolution”) pursuant to which the City issued The City of Dover, Delaware $22,535,000 Electric Revenue Refunding Bonds (Taxable Series 2004) (the “2004 Electric Bonds”);
WHEREAS, Pursuant to the Bond Resolution, Wachovia Bank of Delaware, National Association (“Wachovia”), was appointed to serve as the trustee for the 2004 Electric Bonds;
WHEREAS, Wachovia subsequently was succeeded as trustee by US Bank Corporate Trust Services;
WHEREAS, the City Council has authorized the issuance and sale of additional electric revenue bonds in the aggregate principal amount of up to $22,200,000 (the “2008 Electric Bonds” and collectively with the 2004 Electric Bonds, the “Electric Bonds”);
WHEREAS, the 2008 Electric Bonds will also be issued pursuant to the Bond Resolution;
WHEREAS, US Bank Corporate Trust Services has resigned its position as trustee for the 2004 Electric Bonds;
WHEREAS, pursuant to Section 914 of the Bond Resolution, if there is a vacancy in the position of trustee, the City Council must appoint a new Trustee; and
WHEREAS, after review of fee quotes received, the Treasurer recommends appointing The Bank of New York as successor trustee, resulting in significant savings in trustee fees over the life of the Electric Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dover, Delaware as follows (a majority of all members thereof concurring therein):
1. The Council hereby appoints The Bank of New York Trust Company, National Association, as Trustee for the Electric Bonds.
2. The City Clerk shall forthwith cause to be published once per week for two (2) successive weeks in a daily newspaper of general circulation published in the City of Wilmington, Delaware and in a daily newspaper of general circulation or a financial journal published in the Borough of Manhattan, City and State of New York, a notice in substantially the following form:
“NOTICE
“The City of Dover, Delaware $22,535,000 Electric Revenue Refunding Bonds Taxable Series 2004
“US Bank Corporate Trust Services, as successor to Wachovia Bank, National Association, the Trustee for the above-referenced Bonds has resigned as Trustee and the Council of the City of Dover has appointed The Bank of New York Trust Company, National Association to serve as successor trustee to US Bank Corporate Trust Services, effective immediately.
“By Order of the City Council of the City of Dover, Delaware.
_______________________________”
City Clerk
3. The Mayor, Finance Director and Clerk of Council are hereby authorized and directed to take all action deemed by them as necessary and appropriate to carry out the intent of this resolution.
4. This resolution shall take effect immediately upon its passage and approval by the Mayor.
PASSED AND ADOPTED on the 23rd day of June, 2008.
APPROVED:
Mayor
Attest:
City Clerk
REQUEST TO WITHDRAW REZONING APPLICATION - PROPERTIES LOCATED AT 1001 AND 1003-1059 WALKER ROAD, OWNED BY HAMLET SHOPPING CENTER ASSOCIATES AND 100 WEST TENTH STREET CORPORATION
Council President Hogan reminded members that during the Regular Council Meeting of May 27, 2008, members considered a rezoning request for properties located at 1001 and 1003-1059 Walker Road, owned by Hamlet Shopping Center Associates and 100 West Tenth Street Corporation, accomplished the first reading of the rezoning ordinance, and set a public hearing for July 14, 2008.
Members received a letter, dated June 5, 2008, from Mr. Duplechain, Principal of Davis, Bowen, and Friedel, Inc., submitted on behalf of Mr. Silicato, requesting to withdraw the rezoning application.
Mr. McGlumphy moved to approve the request to withdraw the rezoning application for properties located at 1001 and 1003-1059 Walker Road, owned by Hamlet Shopping Center Associates and 100 West Tenth Street Corporation, seconded by Mr. Leary and unanimously carried.
SETTING OF RATES FOR FISCAL YEAR 2008/2009
As a result of the budget hearings, members considered the following rates for fiscal year 2008/2009:
Property Tax Rate
Council President Hogan noted that 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. Leary moved that the property tax rate remain at thirty-three cents ($0.33) per one hundred dollars of assessed valuation for the upcoming 2008/2009 property tax billing. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).
Electric Utility Rate
Council President Hogan reminded members that staff has recommended a 7% increase for all utility rate categories for fiscal year 2008/2009.
Responding to Mr. McGlumphy, Mrs. Tieman indicated that the increase represents an average 7% increase for all utility rate categories, explaining that the highest increase is 13% and that the residential rate will increase 7.68%.
Mr. Ruane moved for adoption of the proposed electric rates (page 36 of the packet), as recommended by staff (Exhibit #1). The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mrs. Russell absent).
Kent County Sewer Adjustment Charge
Council President Hogan indicated that the City has been notified that Kent County has proposed a sewer adjustment charge of $2.34 per thousand gallons for all billings on or after July 1, 2008. Staff recommended that the City adjust the Kent County Sewer Adjustment Charge accordingly.
Mr. McGiffin moved for approval of staff’s recommendation to adjust the Kent County Sewer Adjustment Charge to $2.34 per thousand gallons for all billings on or after July 1, 2008. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mrs. Russell absent).
UTILITY COMMITTEE REPORT - JUNE 9, 2008
The Utility Committee met on June 9, 2008 with Chairman Ruane presiding.
Report on Climate Control Initiatives
Mr. DePrima, City Manager, advised members that on April 9, 2008, City Council adopted a Resolution endorsing the U.S. Mayors Climate Protection Agreement. He explained that Mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S. Conference of Mayors meeting, states: “We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities...”. Since that time, he stated that the City has strived to implement a number of policies, programs, and projects to further the intent of the City Council.
Mr. DePrima reviewed a report provided to members on the City of Dover’s efforts to implement the recommendations of the U.S. Conference of Mayors Climate Protection Agreement and explained the various actions that have been taken by staff in this regard during the past year.
Responding to Mr. Ruane, Mr. DePrima stated that although staff has expanded the recycling program for the City, it was not included in the report since the program was initiated before City Council adopted the Resolution. Referring to the State’s Signalization Project, Mr. Ruane noted that one of its intents was to reduce emissions. Responding, Mr. DePrima indicated that he would contact DelDOT to determine if there is a measurement for vehicle idling.
At the suggestion of Mr. Ruane, Mr. DePrima stated that the Wind Energy Initiative (Bluewater Wind Project) would be added to the report, as well as the goal to expand the array of sources in the City’s energy portfolio as it relates to the 2030 Power Plant Development.
The committee recommended acceptance of the Report on Climate Control Initiatives, as amended.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation (Exhibit #2), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
2008 Comprehensive Plan Review: Utility Chapter
As directed, staff provided members with the Utility Chapter of the 2008 Comprehensive Plan for their review, which included Chapter 7 - Public Utilities and Infrastructure Plan. During their meeting of May 27, 2008, members deferred the review of the Utility Chapter of the 2008 Comprehensive Plan, at which time it was suggested that staff include a section that would consist of a general outline of how the electric is brought to the City. It was also suggested that if there is a goal statement, there should be a paragraph explaining why the goal is necessary (the problem or challenge).
Mrs. Townshend, Director of Planning and Inspections, reviewed Chapter 7 - Public Utilities and Infrastructure Plan, and advised members that the Background Information (Part I) of the Report will be replaced with a more appropriate introduction. She also indicated that additional information will be included in the storm sewer system as it relates to the Storm Water Utility. She assured members that staff will include a section that would consist of a general outline of how the electric is brought to the City.
Mrs. Townshend noted that currently, the recommendations are not very detailed; however, staff will be conducting additional workshops and anticipates that they will be further developed based on the comments received.
Mr. Ruane relayed his disappointment with the lack of stewardship and responsibility, as well as value and vision in the report. In addition to listing City assets, he suggested the inclusion of goals for clean and affordable energy, growth and sustainability as they relate to these utilities. He suggested that the staff include future challenges that the utilities are facing and acknowledgment of the successes. It was his opinion that there should be recommendations and goals for the challenges such as capacity issues, inter-relationships, costs, rates, etc. Mr. Ruane felt that goals regarding security issues, such as wellhead and source water protection, should be included in the report. Although there is a recommendation regarding brown water, the issue of brown water is not identified as a challenge.
By consent agenda, Mr. Leary moved for acceptance of the Utility Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 9, 2008
The Legislative, Finance, and Administration Committee met on June 9, 2008 with Chairman Slavin presiding.
Green Procurement Policy
Members were advised that in April of 2007, City Council adopted the U.S. Mayors Climate Protection Agreement as amended by the 73rd Annual U.S. Conference of Mayors. The Agreement lists ten examples of actions that cities can take. Examples #4 and #5 are as follows:
#4. Make energy efficiency a priority through building code improvements, retrofitting City facilities with energy efficient lighting and urging employees to conserve energy and save money.
#5. Purchase only Energy Star equipment and appliances for City use.
Mr. DePrima, City Manager, advised members that staff has developed a “Green Procurement Policy” that is proposed to be a new section in the City of Dover Purchasing Policy. He explained that the procurement policy would: 1) Establish a price preference of up to ten percent (10%) for recycled and other environmentally preferable products; 2) Establish the requirement for performing a Lifecycle Costing Analysis on equipment (a Lifecycle Costing Analysis considers operating, maintenance and energy costs over the useful life of the equipment); and 3) Require the purchase of “Energy Star” products, as designated by the federal Environmental Protection Agency, when such products are available.
Staff recommended amending the City of Dover Purchasing Policy to include a new Section 10 entitled “Green Procurement” as presented, to become effective upon approval by City Council.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
Donation of $10,000 for Vietnam War Memorial and Discussion of Donation Policy
During their meeting of March 31, 2008, members considered a letter from Mr. George Chabbott, President/Broker of Chabbott Petrosky Commercial Realtors, Ltd., requesting a donation in the amount of $10,000 to $60,000+/- for the purpose of building a monument to honor local service members killed and/or missing in action in Vietnam. For reference purposes, members were also provided with the City’s Community Leader and Organization Recognition Policy. The committee recommended support of the Vietnam War Memorial with in-kind contribution not to exceed $10,000 within the policies of the City; however, during their consideration of the committee’s recommendation at their Regular Meeting of April 14, 2008, City Council tabled the matter for clarification of the committee’s motion; therefore, the matter was referred back to the committee. Members of the committee reconsidered this matter during their meeting of April 28, 2008. In reviewing the committee’s report during the Annual Council Meeting on May 12, 2008, members of City Council referred the issue of providing a donation for the Vietnam War Memorial back to the Legislative, Finance, and Administration Committee to allow for full discussion of the Community Leader and Organization Recognition Policy in an effort to assist in the completion of projects.
Due to the absence of the Controller/Treasurer, during their meeting of May 27, 2008, members tabled the consideration of a donation in the amount of $10,000 for the Vietnam War Memorial and the discussion of the Community Leader and Organization Recognition Policy.
The committee removed the matter from the table.
Noting that this matter has been considered by the committee twice, Mr. Slavin reminded members that there has been confusion regarding which contributions would be permitted and which would not be permitted in accordance with the City’s Community Leader and Organization Recognition Policy. Although clarification is needed, he stated that several budget hearings have been held and members have been made aware that several contributions have been provided to organizations such as Kent County Tourism, Central Delaware Economic Development Council, etc. He suggested that members consider their original recommendation and requested clarification from staff.
Responding to Mr. Slavin, Mr. DePrima stated that initially, the cost for the City’s in-kind contribution was estimated at $6,500. After discussing this matter with the Public Utilities Director, he stated that a more realistic estimate is $2,500.
Mr. Slavin requested that staff also provide an estimate as to the on-going costs for providing electric service.
The committee recommended that the City contribute an in-kind contribution up to $3,500 in goods and services for the lighting portion of the Vietnam War Memorial. This contribution does not include paying for the actual electricity costs.
Once the design work is near completion, Mr. Slavin requested that Mr. DePrima provide members an estimate as to the on-going costs for providing electric service. He requested that the City Clerk include this matter on a future meeting agenda for consideration.
Upon completion of the budget review, Mr. Slavin suggested that members conduct a comprehensive review of the City’s Policy as well as the contributions that are provided by the City to various organizations.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation that the City contribute an in-kind contribution up to $3,500 in goods and services for the lighting portion of the Vietnam War Memorial. This contribution does not include paying for the actual electricity costs. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JUNE 10, 2008
The Parks, Recreation, and Community Enhancement Committee met on June 10, 2008 with Chairwoman Russell presiding.
Parks and Recreation/Open Space Plan - Review of Active Recreation Area - State Street Senior Apartments - Senior Housing Option
In accordance with Article 5, Section 10, of the Zoning Code, all residential developments shall provide Open Space and an Active Recreation Plan, which must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Conditional Use Site Plan by the Planning Commission. Subsection 10.7 of Article 5, Section 10, of the Zoning Code requires that all areas planned for public dedication, or cash donations provided under this section, must be submitted to and approved by the Parks, Recreation, and Community Enhancement Committee and shall be subject to final review and approval by City Council prior to acceptance by the Planning Commission.
Members were provided details regarding the State Street Senior Apartments: Planned Neighborhood Design - Senior Housing Option, which is proposed to consist of 52 residential units in one apartment building situated on the east side of South State Street and north of Wyoming Avenue. The property consists of approximately 1.0729+/- acres of land, owned by Wave Enterprises, LLC.
Mrs. Melson-Williams, City Planner, advised members that upon review of the Open Space and Recreation Plan for the State Street Senior Apartments: Planned Neighborhood Design - Senior Housing Option, the Department of Planning and Inspections staff submitted the following comments and recommendations:
1. The Committee must provide a recommendation to determine if the proposed recreation amenities satisfy the equivalent minimum acreage requirement of 0.5 acres for Active Recreation Areas.
2. The following items should be included on the Plan to clarify the construction of the recreation area improvements and/or proposed recreation amenities. See comments as related to each recreation component (Items 3-5).
3. Gazebo – The following items are recommended as conditions of approval for the Gazebo as a recreational amenity.
a.Provide additional information on the size, material, and form of the gazebo.
b.Provide a paved path to the gazebo entrance from the sidewalk.
c.The gazebo must include seating. In additional other benches could be included on the property.
4. Recreation Room and Furnishings & Equipment for Room – The following items are recommended as conditions of approval for the Recreation Room as a recreational amenity.
a.Provide a floor plan indicating the room’s location and layout within the building.
b.Describe the types of furnishings and equipment for the room.
c.Staff recommends the room provide for areas of natural light and views to the outside with the use of larger windows in a portion of the room.
d.Consideration could also be given to outdoor access for a patio area associated with the Recreation Room. This would provide opportunities for community interaction, outdoor seating, activities like gardening (in container pots or window boxes), etc.
5. YMCA Memberships / Programming Opportunities – The following items are recommended as conditions of approval for the YMCA Membership/ Programming Opportunities as a recreational amenity.
a.Provide additional information on the type of YMCA membership, cost per membership, etc. (as there are varying levels). The membership must allow for all members of the household in the dwelling unit to participate.
b.Documentation of the arrangement with the YMCA to purchase the memberships yearly must be provided.
c.Staff recommends that the applicant be required to provide a yearly documentation of the memberships purchased in order to confirm compliance.
d.Staff recommends a series of improvements to ensure pedestrian access between the apartment building and the YMCA facility. See items 6-8.
6. Identify the location of traffic control signage such a pedestrian crossing signs, etc. An accessible route should be provided from the north side of the building to allow for travel to the YMCA facility. Staff recommends that a clearly accessible route from the east entrance to the northern sidewalk be created with the addition of sidewalk connecting near the fire hydrant (revise tree planting location.) As proposed the YMCA is an element of the active recreation plan for the residents of this apartment building. A clear, direct, and accessible sidewalk/ pedestrian link for walking between the two facilities must be provided to ensure safe pedestrian across the main vehicular access drive. The access point must also include handicapped accessible ramps; improvements may be necessary for existing sidewalks.
7. Staff recommends revisions to the entrance to the parking lot drive aisle running north – south in front of the YMCA building. At the southern intersection of this drive aisle with the main site entrance drive aisle, we recommend lengthening (extending south) the parking lot island and sidewalk on the east side to refine the entrance and provide increased pedestrian safety. As currently shown on the Plan, a pedestrian would have to cross approximately fifty-five (55) feet of open pavement (vehicle drive area) between sidewalk areas.
8. Review the type of lighting proposed. The placement of light fixtures may be necessary to ensure pedestrian connections are well lit. The placement of street light lamp posts may be more appropriate for certain areas especially in the vicinity of the gazebo.
9. There shall be provisions which insure that the common open space areas including the active recreation areas shall continue as such and be properly managed and maintained. These provisions shall be in a form acceptable to the City of Dover. The developer shall either retain ownership and responsibility for maintenance of such open land or recreation areas/amenities (i.e. gazebo, Recreation Room, memberships); or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on common open space and recreation facilities.
a.A note should be added to the plan indicating the responsible entity.
10. In the event, that major changes and revisions to the Conditional Use Site Plan which affect the Recreation Plan occur in the review process and finalization of the Conditional Use Site Plan resubmittal may be required for review by the Parks Recreation and Community Enhancement Committee or other agencies and commissions making recommendations in regards to the plan.
Mr. Greg Moore, Becker Morgan Group, explained the project and provided a map depicting the area. He noted the close proximity of the YMCA and explained that the tenants will be offered a membership to the YMCA. He stated that the membership will be paid by the owners regardless of the tenants desires to utilize the facilities. He also advised members that the active recreation plan proposed consists of a gazebo, recreation room, as well as the YMCA membership.
Mr. Ruane suggested that unless a legal opinion is obtained indicating that indoor recreation space can be substituted for open space, he felt that members were challenged to approve the request. Responding to the alternatives questioned by Mr. Ruane, Mrs. Melson-Williams explained that in accordance with the Dover Code, active recreation is a type of open space. Mrs. Townshend further explained that open space and recreation are not usually exclusive. In terms of the recreation area, the Dover Code does not specify that the area needs to be within open space.
Concurring with the concerns relayed by Mr. Ruane, Mrs. Horsey expressed her understanding that open space includes “green” outdoors, landscaping, etc. provided for people to enjoy nature.
Responding to Mr. Ruane, Mr. Moore advised members that he is involved with the South Dover Elementary School design and desires of the Capital School District as it relates to interacting with the community. He stated that the School District considers the land as an open space area for the community. The School District does not prohibit use of the property during “off hours” as a public open space; however, this is not the case during school hours. In the redevelopment of the school, he assured members that the School District wishes to continue to be a good neighbor to the City of Dover and the neighborhood by continuing to allow use of the open spaces to be used by the community.
Mr. Ruane questioned if the owner of the State Street Senior Apartments would be amenable to making a financial contribution to the development of the school site to assist in meeting the open space requirement.
Mr. Carter, Parks and Recreation Director, suggested assurance that there is a safe path for seniors to go to and from the YMCA and questioned what the membership to the YMCA consists of for the residents. He also questioned what would happen to the agreement if the YMCA were to be relocated.
Responding, Mr. Moore explained that the membership to the YMCA is for access to and use of the facilities and that discussions regarding further details are necessary.
Noting that the concerns relayed by Mr. Carter have been outlined in staff’s report, Mr. Ruane questioned if the owners are in agreement with these comments or if they would not be able to address any of the recommendations. Responding, Mr. Moore stated that there were no objections to staff’s report.
The committee recommended acceptance of staff’s recommendations #2-#10 for the active recreation area for the State Street Senior Apartments - Senior Housing Option.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
The committee recommended that staff reword recommendation #1 to include that the applicant was amenable to establishing a relationship with the Capital School District regarding the possibility of a financial contribution to allow for use of their open space in lieu of providing open space at the apartment site; without this effort being made and satisfied, the committee does not feel that the plans meet the requirement of Section 24.61.
City Clerk’s Office Note: Planning staff, on behalf of the Parks, Recreation, and Community Enhancement (PR&CE) Committee, forwarded the following recommendation to the Planning Commission regarding their request for modification of Staff Recommendation Item #1 (as listed in the Recreation Plan Review Report, page 3) by rewriting it as follows: “Rewrite Recommendation Item #1 to show the possibility of utilizing the school site (nearby South Dover Elementary School) as a site to meet the Open Space area requirement. The Committee discussion indicated that the applicant should contact the School District (Capital School District) to discuss a contribution to the site (open space area) improvements at South Dover Elementary. The Committee notes that the applicants were amenable to establishing this relationship with the School District so that some payment could be made to the District as a contribution to the school’s site improvements in lieu of having the Open Space at the project site. The PR&CE Committee finds that if this effort is not made and satisfied then the PR&CE Committee determines that the Open Space Area as required in Zoning Ordinance, Article 3 §24.61 for this project is not met. This recommendation is forwarded to the Planning Commission.”
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell and Mr. Salters absent).
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 10 - Economic Development, of the 2008 Comprehensive Plan Update for their review.
Although he felt that there has been much improvement, Mr. Ruane suggested that additional supporting data and benchmarks be included. He also suggested that the report include reference to sustainable growth, and expand on the City’s economic forecast. He felt that the plan should include the plans for an anchor library, since it has an economic and planning component that will strengthen the downtown area.
Mr. Ruane suggested that events should be referenced in the plan and felt that the plan should include further explanation for tax increment financing as well as a full explanation of economic development financing. He stated that staff should include reference to land assembly and development, infrastructure improvements, work force training and programs, etc.
Mr. DePrima suggested that an “issues” section be included in the plan.
Mr. Ruane stated his reluctance for approving the creation of a Tax Increment Financing (TIF) District; however, he agreed with the possibility of exploring the feasibility of creating a TIF District. It was also his opinion that Dover Air Force Base needs to be a strategic goal and included in this Section of the Plan.
Formation of Youth Advisory Committee
Members were provided a proposed Resolution establishing a Youth Advisory Committee as well as a sample Youth Advisory Committee Membership Application. Mrs. Russell advised members that during their Regular Meeting of July 23, 2007, Council approved the formation of a Youth Advisory Committee. Memb