REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 27, 2007 at 7:30 p.m. with Council President Salters presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Williams.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Salters 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
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.
Mr. McGlumphy requested that item #4B, Explanation of Utility Bill, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda, as amended, seconded by Mr. Hogan and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 13, 2007
The Minutes of the Regular Council Meeting of August 13, 2007 were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Williams.
PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2006
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mrs. Donna Mitchell for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2006. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
Mayor Williams presented Mrs. Mitchell, Finance Director/Treasurer, with a plaque and noted that the City has received this award every year since 1985. Mrs. Mitchell thanked the Finance Department staff for their dedication and hard work, along with the City Manager and his staff for their assistance in this achievement.
PRESENTATION - SPECIAL ACHIEVEMENT IN GIS AWARD - ESRI USER CONFERENCE
Mayor Williams presented the award to Mr. Koenig, Mr. Nowak, and Ms. Cornwell for the Special Achievement in GIS Award presented to the City of Dover during the ESRI User Conference. Mr. Koenig advised members that this award is the direct result of the hard work and achievement of Mr. Nowak and his ability to share his knowledge.
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE AMENDMENT
A public hearing was duly advertised for this time and place to consider approval of proposed ordinance amendments to Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, Division 2 - Permit, Section 22-351 - Generally (Rental Permit Fees) of the Dover Code that would increase the rental permit fees for residential rental properties.
Mr. Hogan moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mrs. Townshend reminded members that the proposed increases would fund an additional inspector for the Property Maintenance Division within the Department of Planning and Inspections. During Council Retreats, she stated that Council had identified proactive property maintenance as a priority for the City. An important component of proactive code enforcement is the annual housing inspection program whereby rental properties are routinely inspected for compliance with applicable codes. Mrs. Townshend advised members that there have been deplorable situations involving unsanitary conditions. She stated that all residents of the City, whether renter or homeowner, should have access to safe, sanitary living conditions and that this program would help to ensure that rental properties are held to this standard. Due to the strong relationship between the inspection of rental properties and proactive code enforcement, Mrs. Townshend assured members that the increase of rental permit fees to support code enforcement is justified.
Mr. McGlumphy reiterated his opposition to the proposed amendments, explaining that additional personnel should be funded within the budget. As an example, he stated that when the Police Department requested additional officers, Council did not require additional fines to fund the positions. He also relayed concern that the City would be collecting more money than what would be necessary to fund the additional position and that this sets a bad example. As a result, it was his opinion that the City and its citizens would be better served if the costs were absorbed within the framework of the budget, without raising these fees at this time, and that staff come back next year with a comprehensive package of all fees.
Council President Salters declared the hearing open.
Mr. Phil McGinnis, McGinnis Realty, addressed members on behalf of the Kent County Association of Realtors, indicating opposition to increasing the fees, feeling that it would be an obstacle to housing affordability. He explained that all fees are passed onto renters and requested that members reconsider the amounts of the fees or their elimination.
Mr. Todd Stonesifer, 115 N. State Street, stated that he owns rental properties throughout the City of Dover and will be affected by the proposed increase. It was his opinion that this fee can be delayed and suggested consideration of the proposed fees being totally eliminated.
Ms. Karen Kimbleton, owner of Remax Avenues, stated that she manages a magnitude of properties for various investors. She explained that in today’s market, many sellers of properties are finding it difficult to sell their properties and are therefore forced to either rent or having to go to foreclosure on their property. Although it is perceived that a lot of landlords are in a money making situation, there are many landlords that are not even making their mortgage payments. Some are in a position of having to rent and then making up the difference in order to make their mortgage payment so that they are not in a foreclosure situation. Ms. Kimbleton noted that the proposed increases will hurt a substantial number of landlords that are currently in a rental necessary position and not in a money making position.
Council President Salters declared the hearing closed.
Mr. Slavin indicated his support for the additional inspector to provide more inspections; however, he explained his opposition to the fee increase which is why he requested the public hearing. It was his feeling that there is an opportunity to uncouple the two (2) issues by moving forward with the hiring of an additional inspector to be paid for out of existing revenues that appear to be hire than planned and having the proposed fee increase to be reviewed when other fees are reviewed by the Legislative, Finance, and Administration Committee.
Mr. Slavin moved that the proposed fee increase ordinance be referred back to the Legislative, Finance, and Administration Committee with the understanding the staff can proceed with the hiring of the inspector. The motion was seconded by Mr. Carey.
Mr. Ruane relayed his opposition to the motion, explaining that Mrs. Townshend has explained that this is an issue of public safety and welfare. It was his opinion that most of the services provided by the Department of Planning and Inspections should be self-supporting and that the fee schedule should be raised periodically to reflect the costs of providing the services. He stated that if rental properties are not a money making proposition then the number of rental units would not be increasing. He relayed his support for the proposed ordinance amendment and stated that the citizens of the City would agree that this type of service which is imposed upon the City because of the investment community, should be paid by that community and not the citizens.
The motion that the proposed fee increase ordinance be referred back to the Legislative, Finance, and Administration Committee with the understanding that staff can proceed with the hiring of the inspector (to be funded through the existing budget) was carried by a roll call vote of seven (7) yes, and one (1) no (Mr. Ruane).
UTILITY COMMITTEE REPORT - AUGUST 13, 2007
The Utility Committee met on August 13, 2007 with Chairman Ruane presiding.
Dedication of Rights-of-Way and Public Infrastructure - Village of Westover - Phase III
The developer of the Village of Westover Subdivision (Phase III), Frank Robino Companies, LLC, has requested that all rights-of-ways, public open space and public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a map showing the general location and configuration of the subject rights-of-way. The developer has constructed all of the improvements in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer. A one (1) year Maintenance Agreement, Maintenance Bond and a Release of Liabilities have been submitted by the developer. In addition, as-built drawings have been submitted to the Public Services Department for their permanent records.
Staff recommended acceptance of the public infrastructure for The Village of Westover Subdivision (Phase III), with dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (estimated construction value = $ 325,800.00):
8" PVC Sanitary Sewer Main - 1,957 l.f.
12" PVC Sanitary Sewer Main - 1,182 l.f.
4" PVC Sanitary Sewer Laterals - 3,630 l.f. (121 laterals)
4' Diameter Sanitary Sewer Manholes - 13 ea. (201 v.f.)
Water Utility Infrastructure (estimated construction value = $ 266,200.00):
6" Ductile Iron Water Main - 896 l.f.
8" Ductile Iron Water Main - 3,131 l.f.
3/4" Type "K" Copper Water Service Line - 3,630 l.f. (121 services)
8" Gate Valves - 9 ea.
6" Gate Valves - 2 ea.
6" Hydrant Valves - 6 ea.
Fire Hydrants - 6 ea.
Storm Water Infrastructure (estimated construction value = $ 260,500.00):
Single Catch Basins - 33 ea.
4' Storm Water Manholes - 1 ea.
15" Type III Reinforced Concrete Pipe - 1,127 l.f.
18" Type III Reinforced Concrete Pipe - 295 l.f.
24" Type III Reinforced Concrete Pipe - 748 l.f.
30" Type III Reinforced Concrete Pipe - 50 l.f.
36" Type III Reinforced Concrete Pipe - 1,152 l.f.
Street Infrastructure: (0.656 miles) (estimated construction value = $ 455,500.00)
Northdown Drive Station 08+16 to Station 20+05 l.f.
Charring Cross Drive Station 16+60 to Station 23+51 l.f.
Westover Drive Station 06+82 to Station 18+65 l.f.
Fairness Court Station 00+00 to Station 04+01 l.f.
Total = 3,464 l.f.
Mr. Koenig, Public Services Director, advised members that the total construction value of the improvements is $1.3M.
The committee recommended approval of staff’s recommendation for the acceptance of dedication of public infrastructure for The Village of Westover - Phase III to include all of the referenced public improvements.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Explanation of Utility Bill (Terry Tieman, Senior City Administrator)
At the request of Councilman McGlumphy, Mrs. Tieman, Senior City Administrator, provided a review of “How to Read Your Bill”; an explanation of the charges on the City of Dover utility bills. She noted that the information is included on the City’s website and will be given to new customers when they sign up for service. Mrs. Tieman also advised members that the explanation will be sent to existing customers with their October utility bills.
Responding to Mr. Ruane, Mrs. Tieman stated that the charge per Kilowatt Hour (KWH) is not included on the bill. She noted that it was excluded since it would require programmatic changes every time the rates changed. Mrs. Tieman advised members that the City’s Technical Advisory Committee (TAC) is currently considering revisions to the utility bill, which include the KWH rate.
Mr. Ruane suggested providing a better explanation of the Charges noted in explanation #14, such as Energy Charge, Green Energy Charge, Res. Customer Charge, etc.
Mrs. Tieman noted that there is a systematic meter reading cycle and the meters are read at the same time every month, within 1 or 2 days. The systematic route is indicated on the bill under “cycle”. Mrs. Tieman also advised members that the July 1st increase was charged for all billings which included July 1st; in some cases, half of June was charged the new July rate.
Mr. McGlumphy stated that although an explanation was provided during the Utility Committee Meeting, constituents had concern regarding the increase in their electric rates, and that little attention was paid to the water rates; therefore, he requested that staff provide a detailed explanation of the City’s utility bills. As a result, he stated that customers will be sent a comprehensive detailed explanation of their utility bill which is scheduled to be accomplished during the October billing cycle.
In addition, Mr. Ruane requested that the explanation include the wastewater fees which is a direct result of Kent County.
Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 13, 2007
The Legislative, Finance, and Administration Committee met on August 13, 2007 with Chairman Slavin presiding.
Proposed Ordinance - Chapter 102 - Taxation, Article I - In General, Section 102-4 - Omitted Real Property Assessments
One of the issues identified in the Strategic Evaluation Plan for the Assessment Office was the lack of any standards or regulations for omitted assessments. These are property assessments that, for a variety of reasons, had dropped off the tax role and were not being assessed or billed. Omitted assessments can be caused by computer error, clerical errors, conversion of software or records, missing building permits, or failure to issue temporary and final certificates. A few cases were recently found by the Assessor. The Assessor researched omitted assessment regulations from other communities and developed, with the City Manager, a draft ordinance. It is important to note that in the cases found by the Assessor the properties were billed taxes for past years, and the tax bills were paid. However, having regulation in the code would validate the city's effort when trying to collect on omitted assessments.
Staff recommended adoption of the proposed ordinance amending Chapter 102 - Taxation, Article I - In General, by adding a new Section 102-4 - Omitted Real Property Assessments.
Mr. Ruane, referring to the reasonable penalty in paragraph (c) of the proposed amendment, noted that Section 49A of the City of Dover Charter specifies that “said taxes shall be paid within 30 days of billing and those taxes not paid shall accrue a penalty in the amount of 1 and ½% per month.” Mr. DePrima, City Manager, stated that he would consult with the City Solicitor regarding inclusion of the penalty percentage in the ordinance.
Responding to Mr. Salters, Mr. DePrima advised members that if ten (10) year old omissions were discovered, staff would develop a repayment plan for the property owner. He noted that State law limits recovery for omissions to ten (10) years. Mr. Hogan suggested that paragraph (c) be revised to include a provision for mitigating circumstances.
The committee recommended adoption of the proposed ordinance amending Chapter 102 - Taxation, Article I - In General, by adding a new Section 102-4 - Omitted Real Property Assessments, as amended.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
Discussion - Senior Tax Exemption
During their Regular Meeting of April 4, 2007, members of the Services to Seniors Committee considered a proposal by Mr. McGiffin and Mr. Capuano, City Tax Assessor, to allow a $6,000 income deduction for medical and drug expenses for senior citizens. The committee recommended that the tax exemption level be raised from $15,000 to $18,000 for individuals and from $21,000 to $26,000 for married couples to match the County rate and that the issue be reviewed within the year for a permanent recommendation.
Mr. McGiffin advised members that the City of Dover currently provides a property tax exemption for senior citizens on fixed social security incomes; however, senior citizens on fixed military, federal, or other incomes do not qualify, regardless of their financial position. Additionally, there is not an allowance for citizens with unusually high medical and prescription drug expenses.
Mr. McGiffin suggested that an ad-hoc committee be formed, comprised of one (1) appointee nominated by each Councilperson, to review the fairness and appropriateness of the current tax exemption ordinance, the standards, and the process to determine if it is responsive to the needs of the citizens of Dover.
The committee recommended that an ad-hoc committee be formed, comprised of one (1) appointee nominated by each Councilperson, to review the fairness and appropriateness of the current tax exemption ordinance, the standards, and the process to determine if it is responsive to the needs of the citizens of Dover to provide a recommendation to the Legislative, Finance, and Administration Committee.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Finance Department Procedure - Cell Phone Use
Mrs. Mitchell, Finance Director/Treasurer reviewed Finance Department Procedure # F320 - Cellular Phone Assignment and Usage. She noted that the procedure was developed to strengthen internal controls and to resolve issues arising from employee cell phone use.
Responding to Mr. Ruane, Mrs. Mitchell stated that Section VI - Non-Compliance, addresses misuse of the phones. She noted that it could be revised to include reimbursement of charges in cases of abuse. Mr. DePrima noted that abuse is also addressed in the Employee Handbook.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - AUGUST 14, 2007
The Parks, Recreation, and Community Enhancement Committee met on August 14, 2007 with Chairwoman Russell presiding.
Parks and Recreation/Open Space Plan - Review of Revised Active Recreation Areas - The Arbors Senior Condominiums: Planned Neighborhood Design - Senior Housing Option (Previously reviewed as College Road Garden Apartments)
During their meeting of May 29, 2007, the Parks, Recreation, and Community Enhancement Committee reviewed the Active Recreation Area Plan for The Arbors Senior Condominiums: Planned Neighborhood Design - Senior Housing Option.
Upon review of the Recreation Plan for The Arbors, the Department of Planning and Inspections Staff submitted several comments and recommendations for the committee’s consideration. Responding to Mr. Ruane, Mrs. Melson-Williams, Senior Planner, concurred that there were several items included in the Plan that staff suggested for clarification and revisions to the recreation area concept that would improve the Plan. She indicated that staff has not had contact with the applicant regarding the comments and recommendations of the Planning Department. The item was tabled by members until their next meeting to allow the applicant to respond and to provide further information regarding staff’s comments and recommendations.
Mrs. Melson-Williams presented the revised Recreation Area Plan for The Arbors Senior Condominiums: Planned Neighborhood Design - Senior Housing Option (as on file in the office of the City Clerk). Mr. Douglas Barry, Project Manager with Pennoni Associates, Inc., indicated that the overall site design had been revised to continue Topaz Circle south as a public street to connect with College Road and to place the proposed building and its associated parking on the east side of Topaz Circle. He noted that the Revised Recreation Area Plan will be presented to the Planning Commission for review on August 20, 2007.
The following are comments and recommendations from Staff of the Department of Planning and Inspections upon review of the revised Recreation Area Plan.
1. Compliance with the minimum acreage requirement of 0.5 acres for Active Recreation Areas is confirmed. The Plan shows only the area of the developed trail/ walking path and adjoining open lawn areas as counting towards the area requirement in accordance with Zoning Ordinance, Article 5 §10.155.
2. The following items should be included on the Plan to clarify the construction of the recreation area improvements:
a. Identify the surface material under the bench areas.
b. Provide a construction detail for the walking path construction including the width of the path.
c. Identify the location of traffic control signage such a pedestrian crossing signs, warnings on path for upcoming crossings, etc.
3. Provide a paved path to the gazebo entrance from the walking path.
4. Review the type of lighting proposed. The placement of light fixtures may need to be more closely spaced if using the low landscape style fixtures to light the walking path. Also consider the long term maintenance of this style of fixture. The placement of street light lamp posts may be more appropriate for certain areas especially in the vicinity of the gazebo. Some of the walking path may be lit by the street lights required to be placed along Topaz Circle.
5. The lawn areas should be appropriately planted (seeded or sodded) and maintained for active recreational activities.
6. There shall be provisions which insure that the common open space land 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 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.
b. A note should be included on the Record Plan to indicate that area on the west side of Topaz (Street) Circle is required Open Space.
7. 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.
Responding to Mr. McGlumphy, Mr. Barry stated that the streets are 24 feet wide.
The committee recommended approval of the revised Recreation Area Plan and that staff’s recommendations be forwarded to the Planning Commission.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Update on Report Examining the Cost Differential Between a Geothermal System and a Traditional Air-conditioning System - John W. Pitts Recreation Center
During their meeting of June 12, 2007, members reviewed the cost differential between a geothermal system and a traditional air-conditioning system for only the gymnasium area of the John W. Pitts Recreation Center. Mr. DePrima, City Manager, stated that he would provide Mrs. Russell with the payback savings information regarding utilizing a geothermal system for the entire building. Mr. Ruane suggested that Mr. DePrima and Mr. Carter explore the funding or cost sharing possibility available with the State of Delaware and provide a report back to members for review. He also suggested that a report be provided regarding the one hundred wells supporting a potential addition to the John W. Pitts Recreation Center. Members accepted the report examining the cost differential between a geothermal system and a traditional air-conditioning system for the John W. Pitts Recreation Center with the understanding that the concerns expressed by members will be addressed during their next meeting.
Mr. Zachery Carter, Director of Parks and Recreation, advised members that the cost estimate for a geothermal system for the gymnasium area of the John W. Pitts Recreation Center is $391,000. Mr. Carter stated that the payback period for a geothermal cooling system for the gymnasium area, which would only be used during a three (3) month period each year, would be approximately 30 years. He stated that he felt the cost of a geothermal cooling system, along with the length of payback, does not justify the installation of a geothermal system for the gymnasium. Mr. Carter noted that they will continue to look at other potential conservation and renewable energy measures as the project continues to move forward.
Responding to Mr. Alan Simpson, citizen of Dover, Mr. Carter stated that numerous wells would be installed if a geothermal system is utilized; however, he is unsure of the depth and that the estimated cost of fuel increases were included when figuring the pay back period.
The committee recommended to accept the report examining the cost differential between a geothermal system and a traditional air-conditioning system for the John W. Pitts Recreation Center.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
CDBG Action Plan Amendment
During their meeting of July 10, 2007, Mrs. Ann Marie Townshend, Director of Planning and Inspections, stated that an application for a business license was received to open a recording studio at 301 W. Loockerman Street. The applicant indicated the studio was to be located in the basement of the building and that the work was completed and ready for occupancy. Mrs. Townshend noted that an inspection of the building revealed that a tenant fit-out had been performed in the basement of the building without obtaining building permits. Mrs. Townshend indicated within the 2007 Action Plan for the CDBG Program, $57,000 was allocated for a rental rehabilitation for this location and staff is concerned that providing grant funding to a property, currently in violation of City codes, could send an inconsistent message and set a precedent that causes problems in the future. She also stated that the CDBG funds were not associated with the basement project. Mr. Grant Prichard, Chief Building Inspector, stated that Mr. Tolano Anderson, property owner, had indicated that the wall studs and electric were already existing in the basement when he purchased the property and that he only closed in the walls. Mr. Prichard advised Mr. Anderson that the work he preformed did need a permit and that the change of use for that area would require a Certificate of Occupancy, a Fire Marshal and building inspector approval, and architectural plans. Responding to Mrs. Russell, Mrs. Townshend stated that Mr. Anderson has completed numerous projects within the City of Dover.
Responding to Mr. Lewis, Mrs. Townshend stated that a formal violation had not been issued to date and has only been verbally discussed between Inspection Staff and Mr. Anderson to assist in bringing the building up to code. Mrs. Russell recommended that the item be tabled until their next meeting so that both parties can try to rectify the problem and present a solution in writing to members. Mr. McGlumphy stated that clarification should be made with regards to what had been done, what needs to be corrected to bring the building up to compliance, and what is planned for the future and presented to members during their next meeting.
Mrs. Townshend indicated that a meeting with Mr. Anderson was held, which included the Fire Marshal and Mr. Prichard, in order to rectify the issue. She advised members that the required drawings and permits were submitted on August 13, 2007, and are in the process of being reviewed. Responding to Mrs. Russell, Mrs. Townshend noted that some demolition work will be required to conform to City Code.
The committee recommended tabling action to allow for review of the drawings and permits until their next meeting.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Update - Puncheon Run Watershed Action Team Update
Mr. Scott Koenig, Public Services Manager, stated that the Puncheon Run Watershed Action Team met on July 25, 2007. He indicated that a preliminary report of the Puncheon Run will be released by the end August. Mr. Koenig advised members that the mapping of the stormwater system for the Puncheon Run basin has been completed for Hidden Creek, Cannon Mill, Nottingham Meadows, and a portion of Cross Gates/Mayfair. He noted that there have been funds appropriated in the DNREC budget and believes that once the projects have been identified, funds will become available.
Mr. Koenig noted that DelDOT is moving forward with the South Governors Avenue upgrade, which will include the replacement of the box culvert located at Governors Avenue. The project is expected to start in early Spring of 2008. Responding to Mr. Ruane, Mr. Koenig indicated that a reply letter will be sent to Senator Still regarding a time-line of this project and that a permit from DNREC for channel modifications and rip-rap at the Puncheon Run pump station should be received by the end of August.
Responding to Mr. McGlumphy, Mr. Koenig stated that DelDOT was to perform work at the intersection of the Puncheon Run and New Burton Road with regards to the removal of debris and growth.
The committee recommended acceptance of the Puncheon Run Action Team Update report as presented.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Update - John W. Pitts Recreation Center
Mr. Zachery Carter, Director of Parks and Recreation, advised members that the John W. Pitts Recreation Center construction is progressing and remains on schedule. He also noted that the foundation work has been completed and the building construction has begun.
Responding to Mr. McGlumphy, Mr. Carter indicated that he would provide a complete project breakdown.
Update - Planning and Funding for New Library
Mr. Carter advised members that applications for the Library Project Coordinator position are being reviewed and that interviews should be scheduled within the next two (2) to three (3) weeks.
Mr. Carter indicated that the Library Tax Fund balance has additional funds from FY04, FY05, FY06, and FY07 in the amount of $605,962.25. He advised members that he will present this information to Council for their review and to determine how these additional funds will be disbursed. Mr. Carter stated that the reciprocal borrowing agreement distribution rate has been increased from $1.95 per book to $2.65 per book.
The committee recommended that staff provide a report suggesting how the additional funds, in the amount of $605,962.25, should be disbursed during their next meeting.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Update - CDBG Program
Members reviewed the status report provided on the FY 2005 and FY 2006 Program Funds Spent for the CDBG Program. Mrs. Tracey Harvey, Community Development Director, advised members that the 2007 Action Plan funding has been received. Responding to Mrs. Russell, Mrs. Harvey indicated that the training session packet on the guidelines for the CDBG program will be provided during their October meeting.
The committee recommended acceptance of the Community Development Block Grant Program Update.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Presentation - Delaware Veterinary Medical Association
Dr. Kimberly Chappell, President-Elect of the Delaware Veterinary Medical Association (DVMA) Executive Board, reviewed her comments regarding the proposed revised version of the City of Dover Animal Control Ordinance. Dr. Chappell thanked members for allowing the DVMA to relay their concerns regarding the proposed changes. She also reiterated that the DVMA has concerns regarding Section 18-18, Special Requirements for the identification, registration, and ownership of so-called dangerous breed dogs and that they are opposed to breed-specific legislation.
Dr. Janice Sosnowski, DVMA Executive Board member, indicated that she has been practicing veterinary medicine in the Dover area for the past 25 years and complimented committee members for their thoughtfulness and hard work in rewriting the Animal Control Ordinance. She reviewed her comments regarding the proposed revised version of the City of Dover Animal Control Ordinance. Dr. Sosnowski noted that she has concerns regarding the banning of specific breeds to control dog bite injuries, indicating that mixed breed dogs can only be truly identified by doing a DNA test, and that breed specific legislation has raised constitutional issues in the past concerning the 14th Amendment rights of dog owners.
Dr. Craig Stonesifer, member of the DVMA, noted that he has been practicing veterinary medicine in the Dover area since 1974 and concurred with both Dr. Chappell and Dr. Sosnowski. He also indicated that he has a concern with breed specific legislation and felt that it echoes profiling, which is inappropriate. Dr. Stonesifer advised members that the State of Delaware has a dangerous dog law in effect , which is Title 7, Chapter 17, Subchapter 3, that could be a viable alternative to breed specific legislation.
Dr. Natalie Titus, DVMA Executive Board member, stated that she practices veterinary medicine within the City of Dover and does not support breed specific legislation.
Mr. Ruane suggested that the DVMA appoint a liaison to attend committee meetings as members go through the revision process of the Animal Ordinance. Dr. Chappell indicated that Dr. Sosnowski has been chosen to be the liaison to the Parks, Recreation, and Community Enhancement Committee.
Mr. McGlumphy suggested that the DVMA submit a letter regarding a combination of points that indicate their position on breed specific legislation.
Mr. Jim Muche, Kent County resident, reviewed his comments regarding the proposed revised version of the City of Dover Animal Control Ordinance and indicated that he is opposed to breed specific legislation.
Mrs. Janice Gallagher, resident of Wyoming, Delaware, reviewed her comments regarding the proposed revised version of the City of Dover Animal Control Ordinance. Mrs. Gallagher indicated that attributing generalized behavior characteristics to an entire breed is not scientifically sound. She noted that Pit Bulls are not mean by nature, but people make these dogs mean.
Mr. Kenneth Hogan, City of Dover Resident and Councilman of the First District, reviewed his comments regarding the proposed revised version of the City of Dover Animal Control Ordinance and indicated that he is extremely opposed to the dangerous breed concept.
Mrs. Nancy Rigg of the Keeshond Club Rescue for Kent County, stated that she has been in operation for approximately 14 years and indicated that 15 Keeshond’s have been rescued from horrible conditions inside the city limits of Dover. Mrs. Rigg noted that the Keeshond is sometimes considered a Chow-Chow and that she currently is fostering six (6) rescue dogs.
Mrs. Erin Gergen, City of Dover resident, suggested that the affect of this proposed ordinance revision, especially the breed specific legislation, on the Kent County S.P.C.A. should be taken into consideration.
Mrs. Russell noted that the wording will be reviewed again in future meetings and that members look forward to working with the DVMA Liaison on making those changes.
(Note: The City Clerk’s Office has on file packets of information on the AKC and The Westminster Kennel Club that were handed out after the meeting.)
Discussion - Revised Animal Control Ordinance
Due to the time constraints, this item was deferred until the next committee meeting.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
MONTHLY REPORTS - JULY 2007
By motion of Mr. Carey, seconded by Mr. Hogan, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
Dover Fire Department Report
CIP Report
EVALUATION OF BIDS - CONTACT CHAMBER PIPING MATERIALS
The City solicited bids for piping materials required to install contact chambers at various well sites. As a part of the proposed Water Quality Improvements to the City of Dover’s water system, the Public Utilities Department is installing contact chambers (piping systems) at the deep well facilities in order to improve the contact time available at the well site. This activity is being performed due to recommendations developed in the Water Quality Evaluation performed on the water system.
Staff recommended awarding the bid to the lowest bidder, Dover Plumbing Supply Company, in response to City of Dover Bid #08-0002DPU, in the amount of $248,810.89. Mr. DePrima, City Manager, advised members that the bid reflects piping materials required to install contact chambers at six (6) well sites (#1, #2, #4, #7, #9 and #15).
At the request of Mr. Ruane, Mr. Lunt, Public Utilities Director, explained that the contact chambers at the deep well facilities should allow for the chemical reaction, caused by the addition of chlorine with old piping, to occur prior to entering the water system. This should substantially reduce the brown water issue that has been experienced throughout the City during the past few years.
Mr. Carey moved to award the bid to the lowest bidder, Dover Plumbing Supply Co., in the amount of $248,810.89 as recommended by staff. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote.
EVALUATION OF BIDS - CONTACT CHAMBER CONCRETE VAULTS
The City solicited bids for concrete vaults at various well sites. As a part of the proposed Water Quality Improvements to the City of Dover’s water system, the Public Utilities Department is installing contact chambers (piping systems) at the deep well facilities in order to improve the contact time available at the well site. This activity is being performed due to recommendations developed in the Water Quality Evaluation performed on the water system.
Staff recommended awarding the bid to the lowest bidder, Gillespie Precast, LLC, in response to the City