REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 8, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mrs. Townshend, Assistant Fire Chief Strochine, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried.
Mr. McGlumphy requested that item #7-A, Budget Report, and item #7-F, CIP Report, be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 11, 2006
The Minutes of the Regular Council Meeting of December 11, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1166 SOUTH BAY ROAD, OWNED BY WILLIAM M. AND DELOIS SHIREY, TRUSTEES
An annexation referendum was held on December 14, 2006 for property located at 1166 South Bay Road, containing 2.2+/- acres, owned by William M. and Delois Shirey, Trustees
Referendum Results
The City Clerk reported that the referendum was held with one (1) vote cast in favor of annexation and no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Hogan and unanimously carried.
Annexation
By motion of Mr. Carey, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Lying on the westerly right-of-way line of Bay Road (U.S. 113) with variable widths, adjoining lands now or formerly of Berlin H. & Ruth D. Semans, State Route], and lands now or formerly of Assets Management Group, LLC, being more part iculariy described as follows, to wit:
Beginning at a corner for lands now or formerly of Assets Management Group, LLC and on the westerly right-of-way line of Bay Road (County Road 113), said point being 200 feet, more or less from the right-of -way intersection with State Route 1; thence following Bay Road (US Route 113) South 10 degrees 45 minutes 00 seconds East 193.45 feet to a corner for lands now or formerly of Berlin H. & Ruth D. Semans; thence following said Semans lands the following two (2) courses and distances;
1)South 79 degrees 15 minutes 00 seconds West passing over a found concrete post at 1.34 feet a total distance of 281.29 feet to a found capped rebar and
2)South 65 degrees 44 minutes 51 seconds West 176.53 feet to a found capped rebar at a point on line of State Route 1;
thence running with State Route 1 the following three (3) courses and distances;
1)North 12 degrees 29 minutes 22 seconds West 21.00 feet to Del DOT concrete right-of-way monument
2)North 13 degrees 27 minutes 04 seconds East 200.69 feet to a point
3)North 25 degrees 51 minutes 20 seconds East 287.29 feet to a found capped rebar at a corner for lands now or formerly of Assets Management Group, LLC;
thence following said Assets Management Group, LLC lands the following two (2) courses and distances;
1)South 10 degrees 45 minutes 00 seconds East 200.00 feet to a found capped rebar and
2)North 79 degrees 15 minutes 00 seconds East 200.00 feet to the place of beginning, containing 2.20 acres of land, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 9th day of January 2007 at 12:01 a.m. o'clock.
ADOPTED: JANUARY 8, 2007
Public Hearing - Zoning Classification
Mrs. Ann Marie Townshend, City Planner, reviewed the Petition to Annex and Zone property and the Cost/Revenue Analysis (Exhibit #1). The Planning Commission recommended that the zoning classification of this property be approved as C-4 (Highway Commercial) upon annexation.
Council President Williams declared the public hearing open and, with no one present wishing to speak, the public hearing was closed.
Mr. Hogan moved that the property be zoned C-4 (Highway Commercial, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of October 9, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1166 SOUTH BAY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from BG - General Business District (Kent County zoning classification) to C-4 Highway Commercial (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from BG-General Business District (Kent County zoning classification) to C-4, Highway Commercial (City of Dover zoning classification) on that property located at 1166 South Bay Road, containing 2.2+/- acres, owned by William M. and Delois M. Shirey, Trustees.
ADOPTED: JANUARY 8, 2007
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8, BETWEEN ARTIS DRIVE AND DOVER, OWNED BY CALVARY BAPTIST CHURCH; AND PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8 BETWEEN MIFFLIN ROAD AND ARTIS DRIVE, OWNED BY DESTINY CHRISTIAN CHURCH (JIREH CHRISTIAN CENTER, INC.); AND PROPERTY LOCATED ON THE SOUTH EAST SIDE OF ROUTE 8, OWNED BY DONATO POLISENO
An annexation referendum was held on December 14, 2006 for property located on the South Side of Route 8, between Artis Drive and Dover, consisting of 75.65+/- acres, owned by Calvary Baptist Church; and property located on the South Side of Route 8 Between Mifflin Road and Artis Drive, consisting of 42+/- acres, owned by Destiny Christian Church (Jireh Christian Center, Inc.); and property located on the South East Side of Route 8, consisting of 1.60+/- acres, owned by Donato Poliseno
Referendum Results
The City Clerk reported that the referendum was held with three (3) votes cast in favor of annexation and no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mrs. Russell and unanimously carried.
Annexation
By motion of Mr. Salters, seconded by Mrs. Russell, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described areas, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ED00-075.00-01-29.00 - PROPERTY LOCATED ON THE SOUTH EAST SIDE OF ROUTE 8 (DONATO POLISENO)
Lying on the southernly side of State Highway leading from Dover to Marydel, via Pearsons Corner, the metes and bounds, courses and distances whereof in accordance with J. Paul Hayes survey of May 1943, being as follows:
Beginning at a point on the southerly right of way line of said Highway, corner for adjoining lands formerly of Daniel O. Hastings but now of Donald B. Carey (said beginning point being twenty (20) feet measured in right angles, from the southerly line of the twenty (20) foot wide concrete pavement of said State Highway), from the beginning point thus established with the Carey land and by division line wire fence South thirty-one (31) degrees, forty (40) minutes East, a distance of two hundred fifty-two (252) feet to a point in said division line wire fence for Carey, corner for the property hereby conveyed and other adjoining lands of Charles A. Moor, thence leaving the Carey lands and binding with lands of said Moor by a right angle to the right, South fifty eight (58) degrees twenty (20) minutes West, a distance of two hundred fifty-two (252) feet to a point which is a corner for the property hereby conveyed and for said lands of said Moor, thereto continuing to bind with the adjoining Moor lands and by a line parallel to the first course of this description North thirty-one (31) degrees forty (40) minutes West a distance of three hundred two and ten hundredths (302.10) feet to another corner for adjoining Moor lands in the aforesaid southerly right-of-way line of the said State Highway; thence binding with the right-of-way line of said State Highway and running North sixty-eight (68) degrees ten (10) minutes East, a distance of one hundred twenty-two and thirty-two hundredths (112.33) feet to another point in said right-of-way line beginning a slight curve in said right-of-way line, and thence continuing with the said right-of-way line on the arc of a circle with radius of fourteen hundred thirty-two and seventy hundredths (1,432.70) feet, a further distance with said right-of-way line of one hundred thirty-five (135) feet to the aforesaid place of beginning, corner for said adjoining Carey lands and making total highway frontage of two hundred fifty-seven and thirty-two hundredths (257.32) feet, containing one and sixty hundredths (1.60) acres of land, be the same more or less together with the improvements thereon erected.
And being the same lands and premises as conveyed unto Elwood V. Scotten and Edna B. Scotten, by Deed of Gerald W. Copeland and Julia V. Copeland, by deed dated January 18, 1965 and recorded in the office of the Recorder of Deeds in and for Kent County, State of Delaware, in Book V, Volume 23, Page 142. The said Elwood V. Scotten having departed this life on January 1, 1980, leaving Edna V. Scotten as his surviving joint tenant. The said Edna B. Scotten having departed this life on May 30, 1998 and pursuant to her Last Will and Testament recorded in Will Book C, Vol., 8, Page 227 in the Kent County Register of Wills Office, Article III devised said property unto her sons, the grantors herein.
ED00-075.00-01-29.01 - PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8 BETWEEN MIFFLIN ROAD AND ARTIS DRIVE (DESTINY CHRISTIAN CHURCH)
Lying on the south side of Delaware Route 8, between Mifflin Road and Artis Drive, being bounded on the north in part by Delaware Route 8 and in part by land now or late of Edna E. Scotten, on the east by lands now or late of Donald C. and Pauline Carey, on the south by lands now or lane of Edith D. Raughley and on the west by other lands now or lace of Lois N. Lamborn, and being more particularly described in accordance with a recent survey by Earl D. Smith. Professional Land Surveyor, dated Jun. 28, 1985, as follows, to-wit:
BEGINNING at a pipe in the south line of Delaware Route #8 at a comer for this parcel and for other lands of Lois N. Lamborn, said point of beginning being the following two (2) courses from the intersection of the centerline of Artis Drive with the centerline of Delaware Route 8: (1) running with the centerline of Delaware Route 8 in a northeasterly direction a distance of 619.70 feet; thence (2) South 27 degrees 50 minutes 29 second, East 30.16 feet to the place of beginning; thence running from said point of beginning with the south line of Delaware Route 8 North 68 degrees 09 minutes East 700.0 feet to a pipe at a corner for this parcel and for lands now or late of Edna B. Scotten; thence running with said lands now or late of Edna Scotten on the following two (2) courses: (1) South 31 degrees 38 minutes 26 seconds East 302.10 feet to a fence post; thence (2) North 58 degrees 21 minutes 34 seconds East 252.0 feet to a point in line of lands now or late of Donald G. and Pauline Carey; thence running with said lands now or late of Donald G. and Pauline Carey South 31 degrees 38 minutes 26 seconds East 1536.84 feet to a corner in a tree at a corner for this parcel and for lands now or late of Edith D. Raughley; thence running with said lands now or late of Edith D. Raughley South 57 degrees 49 minutes 09 seconds West 1072.54 feet to a pipe at a corner for this parcel and for other lands of Lois N. Lamborn; thence running with said other lands now or late of Lois N. Lamborn North 27 degrees 50 minutes 29 seconds West 1972.42 feet to the point and place of beginning, and containing 42.0006 acres of land, be the same more or less.
AND BEING a part of the seem lands and premises which were conveyed unto Lois N. Lamborn by dead of Raymond C. Lamborn, dated October 15, 1981 and on record in the Office of the Recorder of Deeds, in and for Kent County, at Dover, Delaware, in Deed Record Bock N. Volume 36, Page 318.
ED00-075.00-01-30.00 - PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8 BETWEEN ARTIS DRIVE AND DOVER (CALVARY BAPTIST CHURCH)
Lying at the east intersection of Hartly Road and Artis Drive; being bounded on the north by Hartly Road; on the northeast by lands now or late of Jireh Christian Center, Inc.; on the southeast by lands now or late of Farm Lands, L.P.; on the southwest by lands now or late of Ben D. A. Miller & Fannie Miller and lands now or late of J. Richard Jones & Joan Mead Jones; on the west by lands now or late of Harry E. Brown & Treasa L. Brown, lands now or late of Ann W. Moffett and lands now or late of William E. Moffett & Ann W. Moffett; on the northwest by Artis Drive and being more particularly described in accordance with a survey by Earl D. Smith, Inc. Professional Land Surveyors dated January 30, 2002 as follows to wit:
Beginning and commencing from a set P.K. nail at the intersection joining the centerline of Artis Drive with the south right-of-way of Hartly Road; thence running from said point of beginning with the south line of Hartly Road on the following two courses: (1) running in a northeasterly direction with a 2,321.83 foot radius curve to the left an arc distance of 49E.84 feet having a chord bearing North 77 deg. 16 min. 47 sec. East 495.90 feet to a found pipe; thence (2) North 68 deg. 09 min. 00 sec. East 200.76 feet to a found pipe in the south line of Hartly Road at a corner for this lot and lands now or late of Jireh Christian Center, Inc.; thence running with lands now or late of Jireh Christian Center, Inc., South 27 deg. 49 min. 52 sec. East 1,972.34 feet to a found pipe at a corner for this lot and lands now or late of Jireh Christian Center, Inc. in line of lands now or late of Farm Lands L.P.; thence running with lands now or late of Farm Lands L.P., South 57 deg. 49 min. 09 sec. West 1,818.92 feet to a set pipe at a corner for this lot and lands now or late of Farm Lands L.P. in line of lands now or late of Ben D. A. Miller & Fannie Miller; thence running with lands now or late of Miller, North 33 deg. 58 min. 58 sec. West 180.88 feet to a found ipe at a corner for this lot and lands now or late of J. Richard Jones & Joan Mead Jones; thence running with lands now or late of Jones, North 30 deg. 58 min. 16 sec. West 547.96 feet to a set pipe in line of lands now or late of Jones in the centerline of prong of Cahoon Branch (6 feet wide) at a corner for this lot and lands now or late of Harry E. Brown & Theresa L. Brown; thence running with the centerline of prong of Cahoon Branch (6 feet wide) with lands now or late of Brown on the following eighteen courses: (1) North 27 deg. 27 min. 46 sec. East 15.82 feet to a point; thence (2) North 20 deg. 20 min. 57 sec. East 27.51 feet to a point; thence (3) North 56 deg. 35 min. 53 sec. East 33.06 feet to a point; thence (4) North 29 deg. 16 min. 12 sec. East 45.43 feet to a point; thence (5) North 14 deg. 45 min. 56 sec. East 34.21 feet to a point; thence (6) North 47 deg. 47 min. 42 sec. East 29.11 feet to a point; thence (7) North 17 deg. 28 min. 02 sec. East 35.10 feet to a point; thence (8) North 06 deg. 56 min. 36 sec. West 27.14 feet to a point; thence (9) North 29 deg. 10 min. 51 sec. West 57.28 feet to a point; thence (10) North 16 deg. 14 min. 02 sec. East 23.96 feet to a point; thence (11) North 52 deg. 03 min. 29 sec. West 23.60 feet to a point; thence (12) North 01 deg. 38 min. 14 sec. East 22.58 feet to a point; thence (13) North 11 deg. 06 min. 09 sec. West 37.19 feet to a point; thence (14) North 16 dea. 45 min. 24 sec. West 48.29 feet to a point; thence (15) North 12 deg. 11 min. 13 sec. West 50.83 feet to a point; thence (16) North 18 deg. 29 min. 55 sec. West 230.92 feet to a point; thence (17) North 17 deg. 43 min. 37 sec. East 106.77 feet to a point; thence (18) North 25 deg. 53 min. 38 sec. East 139.24 feet to a point; thence continuing with the centerline of prong of Cahoon Branch (6 feet wide) with lands now or late of Brown and running with lands now or late of Ann W. Moffett, North 23 deg. 03 min. 00 sec. East 74.49 feet to a point; thence continuing with the centerline of prong of Cahoon Branch with lands now or late of Moffett on the following two courses: (1) North 39 deg. 57 min. 57 sec. East 13.35 feet to a point; thence (2) North 18 deg. 36 min. 53 sec. East 28.07 feet to a point; thence continuing with the centerline of prong of Cahoon Branch with lands now or late of Ann W. Moffett and running with lands now or late of William E. & Ann W. Moffett, North 04 deg. 06 min. 22 sec. West 258.29 feet to a point; thence continuing with the centerline of prong of Cahoon Branch with lands now or late of Moffett on the following three courses: (1) North 04 deg. 31 min. 55 sec. West 212.99 feet to a point; thence (2) North 42 deg. 39 min. 18 sec. west 30.13 feet to a point; thence (3) North 33 deg. 30 min. 31 sec. west 126.97 feet to a found railroad spike at a corner for this lot and lands now or late of Moffett in the centerline of Artis Drive; thence running with the centerline of Artis Drive, North 55 deg. 24 min. 41 sec. East 473.93 feet to the point and place of beginning and containing 75.6811 acres of land be the same more or less.
AND BEING the same lands and premises which were conveyed unto Calvary Baptist Church by Deed of P. Lloyd Sheets and Sharyn M. Sheets, his wife, and David E. Sheets and Carol K. Sheets, his wife, dated October 23, 2000 and recorded on October 24, 2000 in the Office of the Recorder of Deeds, in and for Kent County, Dover, Delaware, in Deed Record Book 386, Page 35.
2. The above described properties shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 9th day of January 2007 at 12:01 a.m. o'clock.
ADOPTED: JANUARY 8, 2007
Public Hearing - Zoning Classification
Mrs. Ann Marie Townshend, City Planner, reviewed the Petition to Annex and Zone property and the Cost/Revenue Analysis (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as R-10 (One-Family Residence) upon annexation.
Responding to Mr. Hogan, Mrs. Townshend stated that, upon annexation, it would be necessary for Calvary Baptist Church and Destiny Christian Church to apply for conditional use permits.
Council President Williams declared the public hearing open and, with no one present wishing to speak, the public hearing was closed.
Mr. Carey moved that the property be zoned R-10 (One-Family Residence), as recommended by the Planning Commission. The motion was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of October 9, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH EAST SIDE OF ROUTE 8, CONSISTING OF 1.60+/- ACRES, OWNED BY DONATO POLISENO; AND PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8 BETWEEN MIFFLIN ROAD AND ARTIS DRIVE, CONSISTING OF 42+/- ACRES, OWNED BY DESTINY CHRISTIAN CHURCH; AND ON THE SOUTH SIDE OF ROUTE 8, BETWEEN ARTIS DRIVE AND DOVER, CONSISTING OF 75.65+/- ACRES, OWNED BY CALVARY BAPTIST CHURCH.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from AC - Agricultural Conservation and RS-1 - Single Family Residence (Kent County zoning classification) to R-10 - One-Family Residence (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from AC and RS-1 (Kent County zoning classification) to R-10 (City of Dover zoning classification) of property located on the south east side of Route 8, consisting of 1.60+/- acres, owned by Donato Poliseno; and property located on the south side of Route 8 between Mifflin Road and Artis Drive, consisting of 42+/- acres, owned by Destiny Christian Church; and on the south side of Route 8, between Artis Drive and Dover, consisting of 75.65+/- acres, owned by Calvary Baptist Church.
ADOPTED: JANUARY 8, 2007
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Appendix B - Zoning Ordinance, Article 6 – Off-Street Parking, Driveways and Loading Facilities, Section 1- Permitted Accessory Parking; Chapter 106, Article I, Section 106-123 – Vehicle Parking Time Limited Where Carrying Capacity Is In Excess Of One Ton, And Trailer And Motor Home Parking; and Article 12 - Definitions.
Mrs. Townshend and Councilman Hogan, Chairman of the Safety Advisory and Transportation Committee, provided a presentation on the proposed amendments (Exhibit #3).
Mrs. Townshend advised members that the Planning Commission recommended referring the proposed ordinance amendments back to the Safety Advisory and Transportation Committee with its specific concerns on five points: 1) the fencing requirement would be difficult to enforce, due to economics and conflicts with other deed restriction regulations in the City; 2) the time limit of twenty-four hours may not be sufficient to make use of a camper either in preparing it for departure or unloading; 3) the number of units that can be stored on a property could be reconsidered with the possibility of considering an aggregate size for weight and the number of vehicles; 4) the size of the units allowed, and 5) the waiver for the sixty day window after the Ordinance is adopted, particularly in the instances where property is annexed with an existing violation.
Mr. Hogan and Mrs. Townshend reviewed the process taken in reviewing the ordinance amendments and the draft ordinance amendments suggested by Councilmen Ruane, McGlumphy, and Hogan (Exhibit #4).
Mr. Slavin suggested that, for purposes of illustration, only photographs of violations within the City limits should be used.
Mr. Ruane suggested that there be a requirement that any landscape screening should be a certain height “at the time of planting”. He also requested that the reference to “compliance with all provisions” be clarified to mean compliance with the current code, including screening. Mr. Ruane noted that many residents have complied with the whole ordinance, including screening.
Mr. Hogan felt that it was wrong to impose screening, whether it be a fence or vegetative planting. He noted that many residents do not want fences in their neighborhoods and some residents have deed restrictions prohibiting or regulating fences.
Mr. Salters moved to refer the proposed ordinance amendments to the Safety Advisory and Transportation Committee, seconded by Mr. Slavin.
Mr. Ruane, noting that the amendments have already gone through a lengthy review process, suggested that Council move forward section by section and vote on the amendments. Noting that there are 14 different variables, Mr. McGiffin suggested that it should be sent back to the committee in order that they may consider the variables and provide a recommendation to Council on a comprehensive package.
The motion to refer the proposed ordinance amendments to the Safety Advisory and Transportation Committee was carried by a roll call vote of five (5) yes, three (3) no (Mrs. Russell, Mr. McGlumphy, and Mr. Ruane), and one (1) abstention (Mr. Hogan).
UTILITY COMMITTEE REPORT - DECEMBER 11, 2006
The Utility Committee met on December 11, 2006 with Chairman Carey presiding.
Green Energy Presentation
Ms. Kimberly Schlichting, Delaware Municipal Electric Corporation (DEMEC), provided a presentation regarding the State of Delaware’s Renewable Energy Portfolio Standards. Ms. Schlichting stated that the City has control over their Green Energy Fund and $0.178 of every megawatt hour sold, transmitted, or distributed in the State is placed in the fund. Beginning June 1 thru October 31, 2006, the City has contributed approximately $60,000 to the fund. Ms. Schlichting also provided a copy of the Municipal Utilities’ Green Energy Fund Program policy. She outlined the limits that other municipalities have designated for grant funding. Ms. Schlichting stated that the City can contribute additional funds, if so directed by Council.
Ms. Schlichting informed members that when applications for residential and non-residential green energy projects are received, they will be reviewed by the State’s Energy Office for compliance and processing. Once the processing is complete, the State will contact DEMEC, who will then coordinate with the appropriate City departments. Ms. Schlichting noted that the State’s Energy Office is the main contact for all green energy project applications.
Ms. Schlichting stated that developers and contractors will be permitted to submit applications to receive funding for green energy projects. She also noted that grant funds will be distributed on a first come first served basis, beginning January 1, 2007.
Mayor Speed asked if the interconnection agreements and net metering tariff mentioned in the policy will be required for residents who will not be producing enough green energy to contribute to the City’s system. Ms. Schlichting stated that net metering is not a requirement of the program and each municipality has the authority to institute the tariffs based on their capacity and infrastructure. Mr. Scott Lynch of the State’s Energy Office, stated that net metering is based upon dependent energy usage and it is possible that, during the daytime hours when no one is home, a residential system can generate and contribute energy to the City’s system.
Mayor Speed expressed concern with a net metering tariff being charged to residents with small green energy systems that do not contribute to the City.
The committee took no action.
Green Energy Grant Limits and Regulations
Due to time constraints, the committee deferred Green Energy Grant Limits and Regulations to the next scheduled meeting to allow more time for discussion and questions.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 11, 2006
The Legislative, Finance, and Administration Committee met on December 11, 2007, with Chairman Salters presiding.
Police Station Heating and Air Conditioning (HVAC) Controls
The Police Station’s current heating and air-conditioning (HVAC) system system was installed during the renovations of the building in August 1997. Captain Ray Sammons, Administrative Division Commander, Dover Police Department, advised members that the current system is an older generation computer designed by Trane to run and control the building HVAC system which uses a DOS-based program (Tracer 100), that accesses data from a cassette drive. Unfortunately, Trane equipment is proprietary in nature; and the local distributor, Seiberlich Trane Inc., projected the system to be non-supportable after 2004. The program held on until last year when the computer program crashed. The HVAC system ran uncontrolled for days until Trane was able to reboot the computer. Fortunately, the hardware and software was available; however, they indicated that if anything happened to the computer again, they would not be able to fix it due to the unavailability of the parts.
Captain Sammons noted that the vendors for the HVAC system maintenance contract were changed three years ago. During that process, three vendors looked at the system; however, only one, Services Unlimited, LLC of New Castle, provided a contract proposal. Neither of the other two vendors had Trane-qualified repairmen, and neither wanted to deal with the proprietary equipment and computer controls. Anticipating problems in maintaining the Tracer 100 computer program that regulates and controls our HVAC system due to its antiquated technology, it was budgeted for replacement using Services Unlimited’s proposal in the CIP several years ago; however, the funding process was delayed at least twice. Their proposal replaces proprietary Trane components of the system with universally available Honeywell components that are less expensive and extremely user friendly.
In order to maintain continuity of service, staff recommended awarding the contract for the Police Station heating and air conditioning (HVAC) controls to Services Unlimited, LLC, in the amount of $70,985. Captain Sammons advised members that they have worked with the Police Department diligently and have provided outstanding service since they assumed the contract three (3) years ago. Services Unlimited, LLC also assisted in working with Trane on all major issues to date. Trane does not provide any service priority to customers who do not have maintenance agreements with them.
The committee recommended awarding the contract for the Police Station heating and air conditioning (HVAC) controls to Services Unlimited, LLC, in the amount of $70,985, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Digital In-Car Video Camera and Associated Equipment
The Police Department has applied for and received grant funding from two (2) separate funding sources in order to purchase digital in-car video cameras and the equipment associated with the cameras. Captain Sammons informed members that the Police Department is currently utilizing VHS in-car video cameras and the technology industry is moving toward digital technology, due to its superior quality. Currently, the Police Department does not have enough VHS in-car video cameras to equip all of the patrol vehicles. The purchase of ten (10) new digital in-car cameras will ensure that all vehicles assigned to the Patrol Division will be equipped with the digital video cameras.
Three (3) vendors were contacted, as follows: ICOP Digital Inc., Kustom Signals, and Mobile Eye. Of the three (3) vendors, only ICOP Digital Inc. and Kustom Signals offered a level of security regarding their storage devices; therefore, Mobile Eye was not considered. The remaining vendors offer software which creates tamperproof evidence, unlike many other vendors who use regular digital memory cards which allow the video to be edited by most computer video software programs.
Captain Sammons advised members that of the six (6) companies that provided bids, Digital Alley Inc. was the lowest bidder; however, they did not meet the specifications regarding security of their storage devices and their bid was not considered. The lowest bidder was Kustom Signals, with a bid of $68,874.00, and the next lowest bidder was ICOP Digital Inc., with a bid of $73,590.22.
Staff recommended awarding the bid to ICOP Digital Inc., in the amount of $73,590.22, based on the fact that this vendor’s equipment is actually installed in the dashboard, replacing the AM/FM radio space. The only equipment which occupies the passenger compartment space is the camera itself. The recording device is inside the unit which is inside the vehicle’s dashboard. The other vendor’s equipment (Kustom Signals) has an overhead console which could be injurious to an officer and occupants of the vehicle during an accident. Additionally, the recording device is located in the trunk of the vehicle, occupying space which could be used for other equipment.
Captain Sammons advised members that, although both bids included installation of the cameras, the City’s current contract with the State of Delaware Department of Communications allows the units to be installed for an amount considerably less than that offered by the companies.
The committee recommended awarding the bid for the purchase of digital in-car video cameras and associated equipment to ICOP Digital Inc., with the understanding that the expenditure required would be less than the stated amount due to the adjustment for the installation process.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Utility Meter Test Van - City Vehicle #763
Due to extensive and costly repairs, the Metering Department’s 1998 Ford Van (87,000 miles and extensive engine hours) was targeted by Fleet Maintenance to be replaced in the 2006/07 budget year. Mr. DePrima, City Manager, informed members that this vehicle is essential when complying with the City of Dover’s Meter Testing Tariff, assuring a field test of all electric meters. It will be equipped with the Mobile Test Bench Unit (which was purchased with funds from the current fiscal year) that allows the Metering Department to test meters on site, avoiding travel back and forth to the shop, while assuring the accuracy of electric meters.
The following bids were received:
Brian Hoskin Ford Ford E350 $32,370
I.G. Burton Dodge Sprinter $33,565
In early preparation for the 2006/07 budget year, internet quotes were under $30,000 on a high roof cargo van. The Dodge Sprinter is equipped with a 2.7L turbo diesel engine and receives 23 to 27 miles per gallon (MPG), as opposed to the Ford E350 which is equipped with a 6.0L diesel engine and receives 14 to 16 MPG. Additionally, the Sprinter has a turning radius of 22 feet which will help while maneuvering in the downtown area, as opposed to the Ford’s turning radius of 24 feet. Moreover, the Sprinter’s interior walls are at a 90-degree angle in conjunction with the floor, allowing the mobile test unit to be stationed closer to the wall with less wasted place. Although the Dodge Sprinter is slightly more expensive ($1,195) than the Ford, the difference is covered by funds in the amount of $2,255 that were saved when City Vehicle #772 was purchased. Additionally, the cost savings in diesel fuel alone will, in time, help to defray the difference in cost. Funds are available in the 2006/2007 Budget,
Staff recommended purchasing the Dodge Sprinter from I.G. Burton in the amount of $33,565.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for approval of the purchase of a Dodge Sprinter from I.G. Burton in the amount of $33,565, as recommended by the committee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Hogan requested that, in addition to the account numbers, the account names be included in the committee action forms when referencing funding sources.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
MONTHLY REPORTS - NOVEMBER 2006
By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
With reference to the Budget Report, Mr. McGlumphy noted that the First Reading of the Revised Budget Ordinances would be held later in the evening. He noted that the current budget, according the to Council Action Form, is $146,875, 992, and the amendment will transfer $5,524,191 back to the individual funds. Mrs. Mitchell clarified that the figures were included in the presentation to give credit to the Electric Fund for revenues under the accrual based accounting and not budget based accounting. She noted that including the figures would create double counting of revenue. Mrs. Mitchell also noted that the addition of the $440,000 from the Bond Reserve was already budgeted as a reduction to the debt service payments and was not included for the same reason.