REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 14, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, 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 Mr. Salters and unanimously carried.
Mr. Carey requested that items #7, Special Tax Appeals Committee Report, and #9, Appointment Recommended by Mayor Speed, be added to the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 24, 2005
The Minutes of the Regular Council Meeting of October 24, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1196 S. GOVERNORS AVENUE (OWNED BY FRANCIS G. AND BARBARA D. POWELL)
An annexation referendum was held on October 27, 2005 for property located at 1196 S. Governors Avenue, owned by Francis G. and Barbara D. Powell.
Referendum Results
The City Clerk reported that the referendum was held with two (2) eligible voters. One vote was cast in favor of the annexation, with no votes cast against the annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Slavin 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:
All that lot of land situated in East Dover Hundred, Kent County and State of Delaware, Near the City of Dover, and lying on the Westerly side of South Governors Avenue Extended, but not adjacent thereto, bounded on the North by lands now or formerly of Charles E. Campbell, et ux, on the East by lands now or formerly of Creekstone Development, L.L.C., on the South in part by other lands of Creekstone Development, L.L.C., and in part by a street 50 feet wide as laid out on a plot hereinafter referred to, and on the West by the center of Puncheon Run Branch, the lot being designated as Lot No. 4 on a plot of the subdivision of lands of Roy W. Deats, prepared by Charles C. Brown, Registered Land Surveyor, September 12, 1957, and of record in the office of the Recorder of Deeds at Dover in Plot Book 5, Page 48, and being more particularly described as follows:
Beginning at a point in the North line of the said street 50 feet wide as the same appears on the said plot, said beginning point being at the Southeast corner of the said Lot No. 4 being located North 47 degrees 45 minutes West a distance of 400 feet from the intersection of the North line of said street 50 feet wide with the West right-of-way of South Governors Avenue Extended; Thence from said beginning point and binding upon land now or formerly of Creekstone Development, L.L.C.; 1) South 42 degrees 15 minutes West a distance of 180 feet to an iron rod with cap found; thence 2) North 47 degrees 45 minutes West a distance of 290.03 feet to the center of Puncheon Run Branch; Thence by and with the center of Puncheon Run Branch the following courses and distances: 3) North 72 degrees 31 minutes 22 seconds East, a distance of 14.56 feet; 4) North 50 degrees 12 minutes 19 seconds East, a distance of 25.23 feet; 5) North 67 degrees 8 minutes 3 seconds East, a distance of 24.31 feet; 6) North 62 degrees 31 minutes 38 seconds East, a distance of 51.15 feet; 7) North 50 degrees 34 minutes 25 seconds East, a distance of 22.92 feet; 8) North 34 degrees 8 minutes 49 seconds East, a distance of 13.74 feet; 9) North 37 degrees 24 minutes 25 seconds East, a distance of 36.25 feet to a point in the center of Puncheon Run Branch; Thence departing the center of Puncheon Run Branch, 10) South 47 degrees 45 minutes East, a distance of 252.92 feet to the point of beginning, said lot containing 1.085 acres more or less.
Subject to: said property being subject to a perpetual right-of way and easement for the installation of sanitary sewer lines as deed to the City of Dover from Catherine C. Deats by deed dated January 20, 1983, as recorded among this and records of Kent County, Delaware in Deed Book I—38, folio 261.
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 15th day of November, 2005 at 12:01 a.m. o'clock.
ADOPTED: NOVEMBER 14, 2005
Public Hearing - Zoning Classification
Mr. Anthony DePrima, City Manager, reviewed the Petition to Annex and Zone property (Exhibit #1). He also provided information contained in the Cost/Benefit Analysis of this area which was completed for the Annexation Plan. Mr. DePrima stated that once staff is trained to run the Cost/Benefit Model, parcel by parcel analysis will be done for annexations. The Planning Commission recommended that the zoning classification of this property be approved as RM-1 (Medium Density Residence) upon annexation.
Council President Williams declared the public hearing open.
Mr. Joseph Petrosky of Creekstone Development stated that they intend to extend the Creekstone residential elements into this parcel.
With no one else present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Sadusky moved that the property located at 1196 S. Governors Avenue be zoned RM-1 (Medium Density Residence) 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 September 26, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1196 S. GOVERNORS AVENUE
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 RS-1 - Single Family Residence (Kent County zoning classification) to RM-1 - Medium Density 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 RS-1 (Kent County zoning classification) to RM-1 (City of Dover zoning classification) on that property located at 1196 S. Governors Avenue, owned by Francis G. and Barbara D. Powell.
ADOPTED: NOVEMBER 14, 2005
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1325 SOUTH STATE STREET EXTENDED (OWNED BY BF REAL ESTATE VENTURES)
An annexation referendum was held on October 27, 2005 for property located at 1325 South State Street Extended, owned by BF Real Estate Ventures.
Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter. One vote was cast in favor of the annexation, with no votes cast against the annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Carey and unanimously carried.
Annexation
By motion of Mr. Salters seconded by Mr. Carey, 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:
All that certain lot, piece or parcel of land with the improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the east side of South State Street, a short distance northwest of Huntley Circle; being bounded on the west by South State Street; on the north by lands now or late of The State of Delaware (Puncheon Run Connector); on the east and south by lands now or late of Asher B. Carey, III & Cynthia M. Carey and being more particularly described in accordance with a recent survey by Earl D. Smith, Inc. Professional Land Surveyors dated December 8, 2003 as follows to wit:
BEGINNING at a found pipe in the east line of South State Street at a corner for this lot and lands now or late of Asher B. Carey, III & Cynthia M. Carey; said point of beginning commencing from the intersection of north right-of-way of Huntley Circle with the east right-of-way of South State Street, North 09 deg. 30 min. 00 sec. West 582.45 feet to the point of beginning; thence running from said point of beginning with the east line of South State Street on the following two courses: (1) North 09 deg. 30 min. 00 sec. West 57.14 feet to a found pipe; thence (2) running in a northwesterly direction with a 2,834.79 foot radius curve to the right an arc distance of 213.56 feet having a chord bearing North 07 deg. 20 min. 29 sec. West 213.51 feet to a found pipe in the east line of South State Street at a corner for this lot and lands now or late of The State of Delaware (Puncheon Run Connector); thence running with lands now or late of The State of Delaware (Puncheon Run Connector), North 81 deg. 47 min. 11 sec. East 203.37 feet to a set pipe; thence continuing with lands now or late of The State of Delaware (Puncheon Run Connector), North 64 deg. 27 min. 32 sec. East 134. 75 feet to a set pipe; thence continuing with lands now or late of The State of Delaware (Puncheon Run Connector), North 88 deg. 09 min. 47 sec. East 35.36 feet to a set pipe at a corner for this lot and lands now or late of The State of Delaware (Puncheon Run Connector) in line of lands now or late of Asher B. Carey, III & Cynthia M. Carey; thence running in part with lands now or late of Carey, South 09 deg. 33 min. 00 sec. East 287.28 feet to a set pipe at a corner for this lot and lands now or late of Carey; thence continuing with lands now or late of Carey, South 79 deg. 46 min. 10 sec. West 178.63 feet to a found fence post at a corner for this lot and lands now or late of Carey; thence continuing with lands now or late of Carey, South 02 deg. 58 min. 37 sec. East 6.74 feet to a found fence post at a corner for this lot and lands now or late of Carey; thence continuing with lands now or late of Carey, South 79 deg. 51 min. 38 sec. West 196.79 feet to the point and place of beginning and containing 2.3315 acres of land be the same more or less.
AND BEING the same lands and premises, which were conveyed unto RICHARD E. HAMMOND AND DIANE M. HAMMOND, by deed of PAUL T. MORRIS dated July 3, 2001, and recorded in the Office of the Recorder of Deeds, Kent County, Delaware July 10, 2001, in Deed Book 424, Page 198. Subsequently, the said RICHARD E. HAMMOND did depart this life on or about October 23, 2002, leaving the said DIANE M. HAMMOND, Grantor herein, as the surviving tenant by the entireties.
Subject, however, to the reservations, restrictions, conditions and covenants of record and subject to such state of facts as an accurate survey and/or inspection of the lands and premises will disclose; the operation and effect of any zoning laws, and building restrictions imposed by public authority; and easements and public utility grants of record.
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 15th day of November, 2005 at 12:01 a.m. o'clock.
ADOPTED: NOVEMBER 14, 2005
Public Hearing - Zoning Classification
Mr. Anthony DePrima, City Manager, reviewed the Petition to Annex and Zone property (Exhibit #2). He also provided information contained in the Cost/Benefit Analysis of this area which was completed for the Annexation Plan. The Planning Commission recommended that the zoning classification of this property be approved as CPO (Commercial Professional Office) upon annexation.
Mr. DePrima advised members that the State Planning Office, in its transmission letter for the Plan of Services, noted that the 2005 Comprehensive Plan is not yet certified, and the earlier 2003 certified Comprehensive Plan calls for this area to be residential only. While the State Planning Office states that they support office zoning, they are advising prudence in moving forward without a certified plan. Mr. DePrima assured members that the comments regarding the certification of the 2005 Comprehensive Plan were not related to this parcel or the proposed designation. He also noted that the 2005 Comprehensive Plan should be certified within 60 days. Mr. Ruane expressed reluctance to approve the rezoning without a certified Comprehensive Plan.
Council President Williams declared the public hearing open.
Mr. Bruce Fisher of BF Real Estate Ventures advised members that he is currently renting office space and his lease will expire next summer. He stated that he plans to relocate his office to this location and a 60 day delay would significantly impact his plans.
With no one else present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Salters moved that the property located at 1325 South State Street be zoned CP-O (Commercial Professional Office) as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a roll call vote of seven (7) yes and one (1) no (Mr. Ruane), Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of September 26, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1325 S. STATE 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 RS-1 - Single Family Residence (Kent County zoning classification) to CP-O - Commercial/Professional Office (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 RS-1 (Kent County zoning classification) to CP-O (City of Dover zoning classification) on that property located at 1325 S. State Street, owned by BF Real Estate Ventures.
ADOPTED: NOVEMBER 14, 2005
ACTION RESULTING FROM EXECUTIVE SESSION ON OCTOBER 24, 2005 - ROBBINS HOSE COMPANY - REVIEW OF STATE FIRE PREVENTION COMMISSION DECISION
Council President Williams read the following statement:
“The Delaware Fire Prevention Commission recently denied the request of the City and Robbins Hose Company No. 1 to change the fire district boundaries for the Robbins Hose Company No. 1 so as to include the Bush Farm in the fire district.
In 2004, Council received a request for annexation of the Bush Farm from Shirley L. Bush and William G. Bush IV. The City complied with all the requirements of the Charter and Code of Ordinances in connection with the annexation of the Bush Farm. On August 12, 2004, the annexation referendum was held. Both property owners voted in favor of annexation. On August 23, 2004, Council accepted the referendum results and adopted an annexation resolution.
Section 20 of the City Charter provides: ‟The Council shall have power to adopt all measures requisite or appropriate for the protection against fire.” The City of Dover has adopted an ordinance which created a city fire department. That ordinance states: "Robbins Hose Company No. 1, Inc. is hereby recognized and designated as the fire company of the city." It is the City's intent that Robbins Hose Company provide primary fire protection to all parts of the City.
The State Fire Prevention Commission held a hearing on August 16, 2005, to consider the request for alteration of the fire district boundaries. On September 20, 2005, the Commission issued a decision denying Petitioners’ request.
The Commission failed to properly apply the decisions of the Superior Court in a similar case involving the City of Wilmington. The annexation of the Bush Farm had consequences. It altered who provided services to the Bush Farm. For example, the City of Dover Police Department provides police protection instead of the Delaware State Police. The annexation transferred responsibility for municipal services, including firefighting, to the City of Dover. The owners of the Bush Farm sought and voted for annexation and all its attendant benefits. Dover has recognized and designated Robbins Hose as the City’s fire department. By requesting the alteration of the boundary, Dover implicitly exercised its sovereign right to determine who fights fire within Dover’s city limits and who operates fire apparatus on City streets.
The Commission improperly disregarded the City’s boundaries. The City requested that the Commission alter the fire district boundaries to conform to the new municipal boundaries. The Commission is not free to disregard Dover’s boundaries. There are significant legal, important practical and appropriate political reasons why the City’s boundaries and its fire service should be co-extensive. Such reasons include:
1. Dover residents should be protected by Dover’s fire company;
2. Robbins Hose is involved in land use planning in Dover, especially in site plan approvals of subdivisions;
3. Property taxes paid by Dover residents support Robbins Hose; citizens supporting Robbins Hose should be entitled to use the services they pay for;
4. Dover should be permitted to determine how its charter-imposed obligation to protect against fire should be met;
5. Fire losses counted within City limits are against Robbins Hose without regard to whether the loss is within Cheswold’s fire district;
6. Co-extensive fire and municipal boundaries assist the coordination of municipal services;
7. Robbins Hose’s superior 1S0 rating will result in lower fire insurance premiums for residents of the Bush Farm’s subdivision.
For these reasons, I would entertain a motion that Council formally ratify the following actions that have been taken by the City Manager:
1. Directing the Deputy Solicitor to request that the Delaware State Fire Prevention Commission alter the fire district boundaries of the Robbins Hose Company No. 1 to include the property known as the Bush Farm;
2. Directing the Deputy Solicitor to file a petition for a writ of certiorari in the Superior Court to seek review and reversal of the Commission's decision denying the boundary change.”
Mr. Slavin moved to formally ratify the actions taken by the City Manager, as outlined. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - OCTOBER 24, 2005
The Utility Committee met on October 24, 2005, with Chairman Carey presiding.
Exemptions to Senior Citizens Report
Members were reminded that during the FY 2006 Budget Hearings, staff was directed to research the option of providing senior citizen discounts for the newly created customer charges for water and wastewater services.
Due to the concerns of the City’s financial and bond advisors and the lack of complaints regarding this matter, staff did not recommend creating an exemption for seniors at this time. As an alternative, it was suggested that Council could review the tax exemption to qualifying seniors to cover the $30 annual customer charge ($1.25 plus $1.25 per month times 12 months). This charge could be offset by increasing the tax exemption for senior citizens from $50,000 to $60,000. The $10,000 difference at the .33¢ tax rate would provide a $33 credit for the year.
It was noted that senior citizens average less than 3,000 gallons per month, which results in a monthly cost of $22.54. Mr. Ruane felt that Council conducted a fair assessment and he did not feel that evidence has been produced to warrant providing an additional exemption to senior citizens. Concurring, Mr. Sadusky suggested that this matter be reviewed next year.
Mrs. Tieman stated that there are approximately 412 senior citizen exemptions provided by the City. The revenue loss realized by the City would be $13,596, if the credit were to be provided by increasing the tax exemption for senior citizens as suggested. Mr. Ruane suggested that it would be more appropriate to further consider such a concept during the Budget Review.
Mr. Ruane reminded members that the City recently amended Section 102-183 of the Dover Code (ordinance adopted by City Council on May 23, 2005) that increased the exemption amount of assessed valuation from $25,000 to $50,000 for senior citizens. Mr. DePrima also indicated that Council lowered the age limit to qualify for the exemption, which allowed for more qualified seniors.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - OCTOBER 25, 2005
The Safety Advisory and Transportation Committee met on October 25, 2005, with Chairman Hogan presiding.
Traffic Concerns - The Overlook on Silver Lake
Members reviewed a letter received from Mr. Edward McNamara, President of the Overlook on Silver Lake Homeowners Association, Inc. The residents felt that the traffic problems being encountered would be eliminated by the placement of speed bumps at the two (2) entrances to the development.
Mr. DePrima advised members that he has been working with the residents of the neighborhood in an effort to close off or move the connecting point between the commercial area and the residential neighborhood. He advised members that there was an existing easement across the property before the development of the Overlook on Silver Lake. When the property was subdivided, the developer had the opportunity to either maintain or move the easement. In order to create additional lots, the easement was moved and the developer was required to preserve access to the commercial lots through this property, which is a legal agreement over which the City has no authority. The City has attempted to work with the owners to move the easement to help alleviate some of the neighborhood concerns. An extensive amount of enforcement and action that has been taken in this area. However, Mr. DePrima noted that staff has concentrated on the alleyway in order to provide some type of resolution and reminded members that speed bumps are prohibited in accordance with the Dover Code.
Police Chief Horvath advised members of the actions that have been taken and that 86% of the vehicles utilize the alley correctly (one-way). He requested that enforcement be increased in this area with a very low tolerance. He cautioned members that a narrow roadway that is close to your home may not necessarily translate to a high rate of speed on radar. Chief Horvath assured members that the Police Department will continue to respond to complaints. Fire Chief Bashista reviewed information that was provided to members regarding the use of speed bumps.
After much discussion, Mr. Hogan suggested a two-way stop sign on each end of the alley-way and a reduction of the speed limit to 15 MPH. Chief Horvath suggested that additional signage be erected under the speed limit sign indicating “strictly enforced”. There was some discussion regarding the possibility of returning to a one-way alley in the opposite direction as well as instituting a 15 MPH speed limit throughout the entire neighborhood.
The committee recommended that the speed limit for the alley be reduced to 15 MPH and that stop signs be erected at the entrance to the alley from the hotel and liquor store, and down the alley as you come to the entrance.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Status - Emergency Operations Plan
Chief Horvath introduced Lt. Bernat, who is responsible for the City’s Emergency Operations; Allen Metheny, Assistant Director of Public Safety with the Division of Emergency Management for Kent County; Jaime Turner, Director of DEMA; and Daniel Valley, Director of American Red Cross of Delmarva.
Chief Horvath advised members that the City of Dover’s Emergency Operations Plan (DEOP) was originally compiled in 1978, was significantly updated in March 1998, and is reviewed and updated annually. The Plan has been designed to provide guidance in developing a state of readiness for all conditions of emergency, including civil disorders, natural disasters or nuclear attack upon the United States.
Lt. Bernat advised members that the mission of the DEOP is to protect life and property by preparing for and carrying out emergency preparedness operations and to prevent or minimize repair and recovery from injury and damage which may result from a man-made or natural disaster. The authority to activate the DEOP rests with the Mayor of the City of Dover and, in his absence, Council President and then the City Manager. The responsibility for implementation of the DEOP Center rests with the City Manager or in his/her absence, the Police Lieutenant in charge of Emergency Preparedness. It also provides for the necessary coordination with the State, County, and other emergency service providers.
Mr. Metheny, Assistant Director of Public Safety with the Division of Emergency Management for Kent County, assured members that Kent County is made available to assist the City of Dover with any emergency related needs. He briefed members on the Emergency Operations Plan for Kent County, which was completely rewritten in 2004, and explained the role of Kent County Emergency Management, which is to provide assistance to various jurisdictions, including the City of Dover. The Plan was also developed to assist the citizens and visitors of Kent County in case of emergency. Mr. Metheny indicated that although there are evacuation routes established, DelDOT has not marked these routes. This matter is currently being resolved by the development of traffic management teams who have been charged with reviewing traffic management in detail. He stated that the area the team is currently working on is Route 1 and that they are developing detour routes for every mile of Route 1. The traffic management team is also developing evacuation route designations which will be marked as such. Mr. Metheny advised members that there are 17 shelters approved within Kent County which could provide for approximately 5,500 evacuees. He briefly explained the Delaware Emergency Notification System (reverse 911 system) and advised members that Delaware is the first in the Country to be designated as a “Storm Ready State”, which indicates that there are systems in place to alert the public to emergency situations very quickly.
Mr. Metheny stated that everything included in the Plan for Kent County also includes the City of Dover. He assured members that there are evacuation plans for the elderly and others that have physical limitations and are unable to evacuate; however, this is under the responsibility of the State of Delaware’s Plan, which the County is a part of and explained that the State requests assistance from the local levels with this responsibility. Mr. Metheny advised members that according to all emergency plans, including the federal level, citizens should be prepared to take care of themselves for the first 72 hours.
Mr. Turner, Delaware Emergency Management Agency (DEMA), explained that the traffic management team concept came out of issues resulting from the two (2) Nascar races that occur each year, which serve as practice sessions. He reviewed the processes that occur for the various types of emergency situations, assuring members that representation from the City of Dover is included in most of the situations.
Mr. Valley, Director of American Red Cross of Delmarva, explained the role of the Red Cross and the specific areas that the Delmarva Chapter is responsible for. The Red Cross partners with the City, County, and State. He explained that in addition to major emergency situations, Red Cross also deals with individual disasters such as house fires. The major role for the American Red Cross, when an emergency plan is engaged, is to provide mass care, sheltering, and feeding during major disasters.
Mr. Hogan stated that he was intrigued by the entire presentation and thanked each of the participants for their time.
DelDOT Request for Input on Corridor Preservation
In conjunction with the DelDOT Corridor Capacity Preservation Program (Delaware Code, Title 17, Section 145), the list of adopted corridors must be updated every three (3) years to account for change. The Mayor advised members that DelDOT has requested input from the City of Dover regarding the Corridor Preservation before selecting locations for inclusion in the Program. Mayor Speed recommended Route 8 or another suitable, existing east-west corridor, for preservation.
The committee recommended requesting that Route 8, or any other suitable existing east-west corridor, be included in the Corridor Preservation Program for the City of Dover.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
SPECIAL TAX APPEALS COMMITTEE REPORT - NOVEMBER 1, 2005
The Special Meeting of the Tax Appeals Committee was held on Tuesday, November 1, 2005, with Chairman Ruane presiding.
Technical Issues
Technical issues were discussed regarding the following parcels:
L- KENTON RD.
205 W. DIVISION ST.
122-128 W. DIVISION ST.
39 S. WEST ST.
222 RAILROAD AVE.
121 W. DIVISION ST.
19 N. GOVERNORS AVE.
430 W. WATER ST.
446 W. WATER ST.
704 S. WEST ST.
642 VISTA AVE.
637 VISTA AVE.
1530-1536 N DUPONT HWY.
1502 N. DUPONT HWY.
Due Process Complaints
Due Process Complaints were not heard or considered on the basis of a letter dated September 21, 2005 by Deputy City Solicitor William Pepper, Sr.
By consent agenda, Mr. Carey moved for acceptance of the Special Tax Appeals Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
PRESENTATIONS - GIS PROGRAM AND GPS OUTAGE REPORTING SYSTEM