REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 12, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Osika, Mr.DePrima, City Solicitor Rodriguez, 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.
Mr. James Page, 355 Rita Wilma Road, stated that a petition was recently submitted to the Fourth District Representatives addressing concerns with the activity of the residents of University Courtyard on College Road. He noted that the complex is now enforcing its parking rules and regulations and the students are smoking, using drugs, blocking driveways, urinating in the streets, making loud noise, etc. in their neighborhood. Mr. James requested that the curbs be painted and signs erected to improve this situation.
Mr. Roy Sudler, 353 Rita Wilma Road, reiterated the concerns expressed by Mr. James and read the following:
“We the constituents of the Fourth District residing on State College Road, Mishoe Street, Raymond Street, and Rita Wilma Road need your help with restoring the quality of life in our community. For the last six (6) to twelve (12) months, Delaware State University students and their guests have been parking disrespectfully in our community. Because Delaware State University is enforcing their parking regulations in the University Courtyards, DSU students are parking across the street on Mishoe Street, Raymond Street, and Rita Wilma Road in a disrespectful manner. They are parking in front of residents driveways, making them late for work. Beer bottles and other sorts of debris are found beside residents yards on a daily basis. Cars speeding and loud music is being played throughout the night and early morning. People are walking in yards and urinating beside residents homes. They are having sex outside and leaving their used condoms near the street corners for our youth and our community to find and even pick up. This kind of deviant and malicious behavior sends a clear message to our community and the message says we need “no parking” signs after a certain hour and more frequent visits from our Dover community police officers before things get any further out of hand. In closing, we the constituents of the Fourth District that reside on State College Road, Mishoe Street, Raymond Street, and Rita Wilma Road, are requesting your immediate and urgent attention to this matter before our community becomes undesirable to live in and another eyesore in the City of Dover. Enclosed, you will find a petition from the constituents of the Fourth District requesting a plan of action to help this problem.”
Mr. Sudler advised members that the petition contained approximately 45-65 signatures.
Ms. Lisa Ratliff, 414 West Carnoustie Road, stated that she represented a group of concerned citizens that want to take action regarding issues related to sex offenders. She thanked those citizens present (approximately 10) to show that they support the creation of a committee to research these issues. Ms. Ratliff stated that, in January, she learned that Mayor Speed proposed that City Council adopt an ordinance or ordinances which would restrict where sex offenders could live and would limit sex offender movements, similar to those recently adopted by the Town of Bridgeville and rejected by the Town of Smyrna. The ordinances suggest limiting registered offenders to addresses certain distances away from schools, child care centers, playgrounds, and other places where children can congregate. Ms. Ratliff stated that, on the surface, the proposal seems like a good way to protect families, but in reality, there may be other, bigger, issues or laws that need to be researched as well. She noted that they want the City to avoid providing a false sense of security with an ordinance that limits where sexual offenders can live and make sure that they are researching the broader issues related to this topic.
Ms. Carrie Kopenhaver, 215 Walker Road, stated that they wanted to be proactive in their fight against sexual abuse crimes. She noted that, according to MissingKids.com, a website sponsored by the National Center for Missing and Exploited Children, nationwide there are more than half a million registered sex offenders with State and local watchdog groups, excluding offenders who commit minor offenses. Ms. Kopenhaver stated that, in Delaware alone, there are more than 1,800 registered moderate Tier II and high risk Tier III sex offenders, with nearly 400 living in the City of Dover. She noted that most sex offenders are not in prison, and those who are tend to serve limited sentences, and most sex offenders are largely unknown to the people of the community and have a high risk of re-offending. Ms. Kopenhaver requested the implementation of a committee to help research what citizens can do in the efforts to protect children of all ages against sexual predators.
Dr. Sean Mercer, 101 Shinnecock Road, stated that they were concerned residents that want to be informed and educated on the topic of sex offenders. They think the City of Dover should be as informed as possible so that, together, they can do everything in their power to protect the children from repeat sex offenders. Dr. Mercer noted that their research tells them that, as parents, their ability to protect their children from repeat sex offenders is limited to an unreliable registry and gut instincts. He requested City Council to sponsor a committee to research the following: 1) current sex offender laws; 2) current bills going through the State Legislature that are related to sex offenders; 3) the current enforcement of our sex offender laws; 4) what other cities and states are doing to protect children from those who commit sexual offenses against minors; and 5) consider what measures the City of Dover can adopt to elicit a standard where sexual offenses will not be tolerated. Dr. Mercer advised members that Ms. Ratliff would be the point of contact for their group and the Mayor and several members of Council have her contact information.
Mr. Eric O’Brien, 30 North New Street, recommended that the City incorporate the target block area in the effort to redevelop downtown Dover and combine businesses and neighborhoods to create a Downtown Dover Town Watch.
Mr. O’Brien requested someone to look into the new group home at 31 North New Street. He noted that there are ex-drug users living there and it has become a hang-out.
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 Mr. Slavin and unanimously carried.
Mr. McGlumphy requested that item #10 - Special Legislative, Finance, and Administration Committee Report of May 23, 2006, 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 MAY 22, 2006
The Minutes of the Regular Council Meeting of May 22, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 30, 2006
The Minutes of the Special Council Meeting of May 30, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
CERTIFICATE OF CONGRATULATIONS - TODD STONESIFER
The following Certificate of Congratulations was read into the record by Mayor Speed:
WHEREAS, in 1999 Todd Stonesifer became a licensed realtor with ERA Harrington Realty, was named “Rookie of the Year” during this same year, and earned a place in the Million Dollar Club in 2001 and 2002; and
WHEREAS, Todd Stonesifer served as chairman of the Social Committee for the Kent County Association of Realtors in 2002, chairman of the Realtor Political Action Committee in 2004, and received the President’s Award from the Delaware Association of Realtors in 2005; and
WHEREAS, having over $14 million in sales during 2003, doubling that figure in 2004, and having sales in excess of $33 million during 2005 speak highly of the commitment and enthusiasm he shows to his profession and clients; and
WHEREAS, Todd Stonesifer’s fund-raising capabilities for local charities, financial contributions to worthwhile establishments, and his volunteer services to organizations such as the American Heart Association, Mom’s House, Special Olympics, and Habitat for Humanity represent his allegiance to the entire community.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE do hereby present this Certificate of Congratulations on this 12th day of June 2006 to TODD STONESIFER in recognition of being named Realtor of the Year by the Kent County Association of Realtors. His outstanding service and dedication to his profession have earned him this honor, and the City of Dover congratulates him on a job well done.
Mayor Speed presented Mr. Stonesifer with the Certificate of Congratulations.
CERTIFICATE OF RECOGNITION - WILLIAM P. TRUITT
Mayor Speed presented a Certificate of Recognition to Mr. William P. Truitt in appreciation for his service as a member of the Parks, Recreation, and Community Enhancement Committee, having served from May 2004 through May 2006.
CERTIFICATE OF RECOGNITION - JAMES LONG
Mayor Speed presented a Certificate of Recognition to Mr. James Long in appreciation for his service as a member of the Parks, Recreation, and Community Enhancement Committee, having served from May 2005 through May 2006.
PROCLAMATION - FLAG DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14th of each year was designated “NATIONAL FLAG DAY”; and
WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14th occurs as “NATIONAL FLAG WEEK”; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14th; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation’s symbol of unity, a democracy in a republic, and stands for our country’s devotion to freedom to the rule of all, and to equal rights for all.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim June 14, 2006 as FLAG DAY in the City of Dover and urge all citizens to pause at 7:00 P.M. on this date for the twenty-seventh annual “PAUSE FOR THE PLEDGE OF ALLEGIANCE” to the Flag and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America.
PROCLAMATION - RACE UNITY DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the greatest challenge facing humanity is the recognition of the oneness of humankind; and
WHEREAS, any act which discriminates against or otherwise restricts the human rights of any person or group of persons demeans their dignity; and
WHEREAS, it is important that we uphold an equal standing of human rights for all persons; and
WHEREAS, we affirm our belief in the kinship of humankind, the equality of women and men, and that all persons are equal in their spiritual essence and human dignity; and
WHEREAS, the recognition that humankind belongs to one family brings with it a responsibility to respect and to help one another in every way; and
WHEREAS, Race Unity Day was inaugurated in 1957 by the National Spiritual Assembly of the Baha’is of the United States, and has been observed annually on the second Sunday in June; and
WHEREAS, Race Unity Day has been recognized by the United Nations and by a resolution of the Delaware General Assembly; and
WHEREAS, the goals of Race Unity Day are consistent with the objectives of the Dover Human Relations Commission.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Sunday, June 11, 2006 as Race Unity Day in the City of Dover and urge all residents to make this a day of resolve to promote in themselves and in the community those qualities and attributes which will generate the recognition that humankind belongs to one family, to fight prejudice wherever it is found, and to assure that all persons have an equal opportunity to develop their unique capacities.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 201, 205, AND 207 WEST DIVISION STREET, OWNED BY SOUTH SMYRNA DEVELOPERS, LLC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 201, 205, and 207 West Division Street, owned by South Smyrna Developers, LLC. These properties are currently zoned C-1A (Limited Commercial Zone) and the proposed zoning is C-2 (Central Commercial).
Planner's Review
Mrs. Ann Marie Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 1).
Responding to Mr. Ruane, Mrs. Townshend stated that the C-2 zone would allow commercial retail on the first floor and residences on the second floor, unlike the current C-1A zone. She noted that the Student Housing ordinance applies to the RG-1 zone adjacent to this property. Mrs. Townshend advised members that the RG-1 zone prohibits retail use and additional apartments within a certain distance of other apartments.
Public Hearing
Council President Williams declared the hearing open.
Mr. Connie Malmberg, 30 The Green, stated that the intent for the property is mixed use, which conforms to the Comprehensive Plan, with retail on the first floor and approximately six (6) apartments on each of the second through fourth floors, for a total of 18 apartments which will serve primarily as student housing.
Responding to Mr. Ruane, Mr. Malmberg stated that, although a site plan had not yet been prepared for this property, they would comply with the code requirements for parking. Mr. Malmberg noted that their previous projects in this area have exceeded the minimum requirement for parking.
Mrs. Russell expressed concern with the potential for increased congestion and limited parking in the area.
Responding to Mr. Salters, Mr. Malmberg stated that they were trying to assist Senator Carper’s office in rehabilitating Division Street.
Council President Williams declared the hearing closed.
Mr. Ruane noted that this area of the City would certainly benefit from retail improvements and he supports that aspect of the proposal; however, the addition of 18 apartments would place an additional burden on the adjacent neighbors with regard to parking and student parties. He noted that Council intended to address these neighborhood issues by establishing distance requirements between student housing and he felt this proposal contradicted that effort.
Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a roll call vote of five (5) yes, three (3) no (Mrs. Russell, Mr. McGlumphy, and Mr. Ruane), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of April 24, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 201-205-207 WEST DIVISION STREET.
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 C-1A (Limited Commercial) to C-2 (Central Commercial).
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 have been amended by changing the zoning designation from C-1A to C-2 on that property located at 201-205-207 West Division Street owned by South Smyrna Developers, LLC.
ADOPTED: JUNE 12, 2006
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 122-128 WEST DIVISION STREET, OWNED BY SOUTH SMYRNA DEVELOPERS, LLC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 122-128 West Division Street, owned by South Smyrna Developers, LLC. These properties are currently zoned C-1A (Limited Commercial Zone) and the proposed zoning is C-2 (Central Commercial).
Planner's Review
Mrs. Ann Marie Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 2).
Public Hearing
Council President Williams declared the hearing open.
Mr. Malmberg and Mr. Ruane stated that their comments regarding the previous application were also applicable to this request for rezoning.
Council President Williams declared the hearing closed.
Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a roll call vote of five (5) yes, three (3) no (Mrs. Russell, Mr. McGlumphy, and Mr. Ruane), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of April 24, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 122-128 WEST DIVISION STREET.
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 C-1A (Limited Commercial) to C-2 (Central Commercial).
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 have been amended by changing the zoning designation from C-1A to C-2 on that property located at 122-128 West Division Street owned by South Smyrna Developers, LLC.
ADOPTED: JUNE 12, 2006
PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with Section 505 of the 1993 Electric Revenue Refunding Bond Issue (Refunding 1985 Electric Revenue Bond) prior to adoption of the budget. Notice of the public hearing was advertised for this time and place.
Council President Williams declared the public hearing open. There being no one present wishing to speak during the public hearing, Council President Williams declared the public hearing closed.
No further action was taken.
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARINGS
The Assessment Appeals Committee met on May 23, 2006, with Chairman Ruane presiding. Members present were Councilmen Salters and Hogan. Formal property assessment appeals were reviewed as follows:
A brief summary was presented regarding the following appeals, individually, and were voted on immediately after review:
CURRENT PROPOSED
VALUE VALUE
Wegemer, Christopher, 173 Continental 178,400 167,000
Assessor’s Action - Changed Value Per Square Foot Issue
Phillips, Raymond, 112 Shadow Court 210,700 164,300
Assessor’s Action - Resketched Property/Add Pool & Deck
Kelly, Thomas, 53 S. Bradford Street 200,700 180,300
Assessor’s Action - Changed Grade from B+ to C+
Majeed, Nauman & Zubia, 463 Topaz Circle 267,100 256,400
Assessor’s Action - Change Price per Square Foot to Match Comps
Tablang, Corazong, 529 Greenhill Road 229,400 201,700
Assessor’s Action - Changed Grade & Condition of House & Garage
A motion was made for each appeal, individually, to approve, by Councilman Hogan, seconded by Councilman Salters and were unanimously approved.
The following exemption requests were heard:
CURRENT PROPOSED
VALUE VALUE
House of Pride, 20 N. New Street 50,100 0
Assessor’s Recommendation - Approve Exemption
House of Pride, 35 N. New Street 66,100 0
Approve Exemption
Union Missionary Baptist Church, 922 Forest Street 80,200 0
Tabled
Union Missionary Baptist Church, Land-Forest Street 34,800 0
Tabled
The Arc of Delaware, 6 Bellrive Court 182,300 0
Approve Exemption
CURRENT PROPOSED
VALUE VALUE
Wesley College, 22 N. State Street 225,500 0
Approve Exemption
Wesley College, 108 N. Governor's Avenue 31,100 0
Approve Exemption
Wesley College, 116 N. Governor's Avenue 120,100 0
Approve Exemption
Wesley College, 119 W. Division Street 57,300 0
Approve Exemption
Wesley College, 2 N. Bradford Street 193,100 0
Approve Exemption
Wesley College, 120 N. Governor's Avenue 114,200 0
Approve Exemption
Wesley College, 128 N. Governor's Avenue 24,800 0
Approve Exemption
Wesley College, 102 N. Governor's Avenue 31,100 0
Approve Exemption
Each group of owners were individually voted on as a whole. A motion for approval was made by Councilman Hogan, seconded by Councilman Salters and unanimously approved on all properties, except for Union Missionary Baptist Church; this property was tabled pending a further inspection by the City Assessor.
Mr. Ruane moved for approval of the Assessment Appeals committee’s recommendations, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Property Assessment Appeals Report, seconded by Mr. Ruane and unanimously carried.
Members were advised that no one has come forth requesting to appeal to City Council; therefore, Council President Williams stated that a public hearing would not be necessary.
UTILITY COMMITTEE REPORT - MAY 22, 2006
The Utility Committee met on May 22, 2006, with Chairman Carey presiding.
Annexation Request - Property Located on the South Side of Forrest Avenue, Approximately 1,495.5 Feet West of Mifflin Road, Containing 5.0+/- Acres, Owned by Edwin B. Baker, III, Donald Carey, and Ruth Carey
A request for annexation was received for property located on the south side of Forrest Avenue, approximately 1,495.5+/- feet west of Mifflin Road, owned by Edwin B. Baker, III, Donald Carey, and Ruth Carey.
Chairman Carey advised members that a letter was received from the property owner requesting that the annexation/rezoning request be withdrawn. He noted that the property owner requested annexation of two parcels; however, only the smaller (5.0+/- acres) parcel was being considered for withdrawal.
Mr. Carey, the property owner, stated that he would like to have the entire parcel annexed into the City; however, due to the property taxes that would be imposed on the 5.0 acre residential tract, they have decided to withdraw. Mrs. Townshend, Director of Planning and Inspections, advised members that the larger tract of land (101.55+/- acres) qualifies under the farmland/agricultural assessment, which means taxes would not be assessed. She noted that the smaller parcel does not qualify and would be taxed as a residential parcel. Mrs. Townshend noted that discussions with the tax assessor, Mr. Capuano, have indicated that the smaller parcel is on a separate deed with its own tax parcel number. Mr. DePrima advised members that the City approached the Carey family and strongly encouraged pro-actively annexing the parcel prior to development.
Mr. Ruane stated that annexing the larger portion surrounding this property would create an enclave and he would prefer to bring both parcels in at the same time.
The committee recommended approval of the request to withdraw the annexation/rezoning of property located on the south side of Forrest Avenue, approximately 1,495.5 feet west of Mifflin Road, containing 5.0+/- acres, owned by Edwin B. Baker, III, Donald Carey, and Ruth Carey.
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.
Annexation Request - Property Located on the South Side of Forrest Avenue, Approximately 1,425.5+/- Feet West of Mifflin Road, Containing 101.55+/- Acres, Owned by Donald M. Carey and Nancy Baker
Members were provided the Petition to Annex and Zone Property for property located on the south side of Forrest Avenue, approximately 1,425.5+/- feet west of Mifflin Road, consisting of 101.55+/- acres, owned by Donald M. Carey and Nancy Baker.
Mrs. Townshend advised members that the initial cost revenue model indicated a negative cash flow of approximately $400,000 over 10 years. She noted that additional information now shows a positive cash flow of approximately $4.9 million over ten years. Responding to Mr. Ruane, Mrs. Townshend stated that the developer would be responsible for extending the infrastructure onto the property and making any necessary upgrades to the system. Mrs. Townshend noted that the Plan of Services would be submitted to the State once the Planning Commission has made their recommendation. Staff assured members that utilities are currently available to the parcel.
The committee recommended adoption of a resolution setting the annexation referendum for property located on the south side of Forrest Avenue, approximately 1,425.5+/- feet west of Mifflin Road, containing 101.55+/- acres, owned by Donald M. Carey and Nancy Baker.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 of 101.55 acres located on the south side of Forrest Avenue approximately 1,425.5 feet west of Mifflin Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area of 101.55 acres located on the south side of Forrest Avenue approximately 1,425.5 feet west of Mifflin Road situated in West Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 13th day of July, 2006 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: JUNE 12, 2006
Water Quality Presentation (Black and Veatch)
The purpose of the Water Quality Evaluation was to make recommendations to resolve discolored water complaints resulting from the chlorination of the City’s water distribution system. The process started with an evaluation of the water quality monitoring program, flushing program and historical water quality data. Water supply corrosion potential was evaluated and recommendations were made for the implementation of a corrosion control program.
The age and material of water distribution mains were evaluated, along with the main rehabilitation
program presented in the Water System Master Plan. Indicators of distribution system health that
were analyzed included the distribution system renewal rate, distribution system leaks/breaks, and
unaccounted for water.
Mr. Doug Brinkman of Black & Veatch advised members that the recommendations of the Water Quality Evaluation need to be implemented and integrated with those of the Water System Master Plan in order to improve overall system condition and to appropriately maintain the system. He noted the recommendations for the City of Dover's water system are categorized according to the level of priority attributed to each recommendation.
Mr. Brinkman stated that, at this time, Black & Veatch does not recommend feeding a corrosion inhibitor into the City's distribution system. Rather, stabilizing treatment at each of the well stations will have the desired effect of minimizing the level of corrosion in the distribution system. They recommended an increased contact time, via a pipe routing system at the City’s wells. Mr. Brinkman noted that the next phase of this project will include designs of a pipe routing system for the Bayard Avenue well.
The committee recommended acceptance of the Black & Veatch report.
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.
Street and Sidewalk Program Update
Mr. Koenig provided an update on the City’s Street and Sidewalk Program. He noted that they have encountered several delays, including weather and contractor scheduling issues. Mr. Koenig also noted that the crews made greater than anticipated progress with the concrete work due to mild winter and the 2006 program is anticipated to be completed in late July. Mr. DePrima indicated that several legislators have not yet allocated funds for street improvements; however, he will continue to work with them to get the list of streets finalized.
The committee recommended acceptance of the Street and Sidewalk Program update.
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.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - MAY 23, 2006
The Safety Advisory and Transportation Committee met on May 23, 2006, with Chairman Hogan presiding.
Discussion Transportation Projects (Secretary Wicks)
During their Regular Meeting of April 10, 2006, members of Council endorsed additional projects for the Transportation Project Prioritization List, to include the Water Street Railroad Crossing - Eden Hill Farm, and the Intermodal Transportation Terminal. At that time, Transportation Secretary Wicks was invited to address members regarding transportation projects.
During the committee meeting, Secretary Wicks informed members that the Governor recently formed a task force to evaluate DelDOT’s revenues and expenditures. She advised members that the task force identified significant funding issues and noted that there are a number of transportation demands and not enough revenue to meet those demands.
Secretary Wicks advised members that DelDOT has determined that the best course of action is to focus on their core business, such as Transportation Enhancement, Municipal Street Aid, Community Transportation Fund, Paving, etc.; maximize Federal money; evaluate their authorization and review, including re-prioritization and de-authorization where appropriate; evaluate the project prioritization process, including coordination with Metropolitan Planning Organizations, Federal Highways, and elected officials; focus on providing a safe travel environment, reducing congestion, multi-modal transportation expansion, etc.; management and oversight of expenditure tracking and reporting; and anticipating future revenue needs.
Responding to Mr. Hogan, Secretary Wicks stated that the design work has not been completed on the long-term plan to build a bus terminal on the George & Lynch property and that dialog between the City and DelDOT must continue in order to tie the project together. Secretary Wicks advised members that there are several projects, including the Signalization Project, Governors Avenue, and Wyoming Mill Road that will stay on DelDOT’s project list. Responding to Mr. Ruane, Mr. Bob Taylor, Chief DelDOT Engineer and Director for Transportation Solutions, advised members that concerns regarding the current bus terminal should be directed to the Inter-State Commerce Commission, which is the entity that licenses the buses.
Mr. Ruane asked if funding for South Governors Avenue right-of-way acquisition was included in the DelDOT budget. Secretary Wicks stated that the design work has moved forward and the real estate funding is proposed for FY07. Construction of the project is scheduled to begin in FY08. Mr. Ruane recommended that, in the interim, some attention be paid to the poor condition of the roadway.
Emergency Call Box - Blue Light Program
During the Council Retreat held on January 27, 2006, members prioritized the Emergency Call Box- Blue Light Program as a project they wished to move forward with.
Mrs. Lisa Gardner, Administrative Assistant to the Public Utilities Director, advised members that two (2) emergency call box units have been purchased and will be installed in Silver Lake Park. She noted that the Electric Department will install the devices, which will then be turned over to the Parks & Recreation Department for monitoring. The call boxes will utilize a cell phone package at a cost of $25 per month, per unit and calls made from the boxes will be directed to the 911 Kent Center.
Mr. DePrima, City Manager, stated that if the pilot program is successful, it will be expanded when additional money has been allocated and approved for the purchase of additional units.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 23, 2006
The Legislative, Finance, and Administration Committee met on May 23, 2006, Chairman Salters presiding.
Request to General Assembly - Increase Bond Limit (Recommendation of the 2005 Charter Review Committee)
During their Regular Meeting of March 27, 2006, Council referred Discussion - Increase of Bond Limit to the 2005 Charter Review Committee for their review and recommendation, as recommended by the Legislative, Finance, and Administration Committee. During the 2005 Charter Review Committee meeting of April 13, 2006, Mrs. Mitchell, Finance Director provided a presentation on Debt Limit and Debt Management Policy.
Mr. Thomas Leary, Chairman of the 2005 Charter Review Committee, advised members that, after review and discussion, the committee recommended amending Section 50 of the City Charter by amending Subsection (b), second paragraph by decreasing the aggregate of the amounts so borrowed together with all other bonded indebtedness from 25 percent to 5 percent, and Subsection (c)(i) by changing $1,000,000.00 aggregate principal amount to 1/4 of one percent (.25%) of total assessed value of real property of aggregate principal amount, as recommended by staff. Mr. Leary noted that members also recommended retaining the requirement of a referendum vote of the qualified voters and establishing a Debt Manageme