PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on August 14, 2007, at 12:01 p.m. with Chairwoman Russell presiding. Members present were Mr. McGlumphy, Mr. Ruane, Mrs. Horsey, and Mr. Lewis (departed 1:08 p.m.). Mr. Hogan and Mr. Carey were also present.
AGENDA ADDITIONS/DELETIONS
Mrs. Russell requested that Item #6, Updates, be renumbered as Item #4 and that the remaining items be renumbered accordingly.
Mr. McGlumphy moved for approval of the agenda, as amended, seconded by Mrs. Horsey and unanimously carried.
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. Horsey moved to remove the matter from the table, seconded by Mr. McGlumphy and unanimously carried.
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.
Mr. Ruane moved to forward a recommendation of approval of the revised Recreation Area Plan and Staff’s recommendations to the Planning Commission, seconded by Mr. McGlumphy and unanimously carried.
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. Anthony 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.
Mr. Ruane moved to allow public comment regarding utilizing a geothermal system for the John W. Pitts Recreation Center, seconded by Mr. Lewis and unanimously carried.
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.
Mr. Ruane moved 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. The motion was seconded by Mrs. Horsey and unanimously carried.
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, regarding rectifying 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.
Mrs. Horsey moved to table action to allow for review of the drawings and permits until their next meeting, seconded by Mr. McGlumphy and unanimously carried.
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.
Mr. McGlumphy moved to accept the Puncheon Run Action Team Update report as presented, seconded by Mrs. Horsey and unanimously carried.
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.
Mr. Ruane moved to recommend that Staff provide a report suggesting how the additional funds, in the amount of $605,962.25, should be disbursed during their next meeting. The motion was seconded Mr. McGlumphy and unanimously carried.
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.
Mr. Ruane moved for acceptance of the Community Development Block Grant Program Update, seconded by Mr. McGlumphy and unanimously carried.
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 (Attachment #1). 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 twenty-five 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 (Attachment #2). 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 (Attachment #3).
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. Ruane moved to allow public comment regarding the Animal Control Ordinance, seconded by Mr. Lewis and unanimously carried.
Mr. Jim Muche, Kent County resident, reviewed his comments regarding the proposed revised version of the City of Dover Animal Control Ordinance (Attachment #4) 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 (Attachment #5). 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 (Attachment #6) 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 (fourteen) years and indicated that 15 (fifteen) 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.
Mr. Ruane moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 1:29 P.M.
Respectfully submitted,
Sophia R. Russell
Chairwoman
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Attachments to Original Minutes and File Copy:
Attachment #1 - Dr. Chappell Comments regarding revised Animal Control ordinance
Attachment #2 - Dr. Sosnowski Comments regarding revised Animal Control ordinance
Attachment #3 - Delaware State Code, Title 17, Chapter 17, Subchapter 3
Attachment #4 - Muche Comments regarding revised Animal Control Ordinance
Attachment #5 - Gallagher Comments regarding revised Animal Control ordinance
Attachment #6 - Hogan Comments regarding revised Animal Control Ordinance