REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 24, 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.
Ms. Teresa Caldwell-Guinn, 102 North Kirkwood Street, stated that she provided a letter and a video tape to Councilman Salters, Mayor Speed, and Attorney General Brady regarding an incident between she and her neighbor related to placement of her fence. She advised members that Officer Ben Marvel has threatened her on more than one occasion based on a request made by City Inspector, Mr. Mike McGregor. Ms. Caldwell-Guinn requested assistance in holding the employees accountable and stopping the threats against her.
Mr. Eric O’Brien, 30 North New Street, advised members that there is still a lot of traffic on North New Street in the middle of the night, causing him to lose sleep and miss work.
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. Sadusky and unanimously carried.
Mr. Slavin requested that item #8 - Quarterly Revenue Report, be removed from the Consent Agenda.
Mr. Slavin moved for approval of the Consent Agenda, as amended, seconded by Mr. Carey and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 10, 2005
The Minutes of the Regular Council Meeting of October 10, 2005 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Carey and bore the written approval of Mayor Speed.
RESOLUTION - COUNCILMAN JOHN W. PITTS
The City Clerk read a proposed Resolution recognizing Councilman John W. Pitts.
By motion of Mr. Hogan, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of their fellow Council Member, John W. Pitts, who passed away on October 15, 2005; and
WHEREAS, John W. Pitts was sworn into office as Councilman of the Fourth District of the City of Dover on May 14, 1990 - a position in which he served with distinction for more than 15 years; and
WHEREAS, during his term as Councilman, John W. Pitts served as a member and chairman of the Parks, Recreation, and Community Enhancement Committee, and the Code Board of Appeals; and as a member of the Safety Advisory and Transportation Committee, Utility Committee, Kent County Tourism, Liaison to Kent County, and Downtown Dover Development Corporation; and
WHEREAS, although John W. Pitts will be respectfully remembered as having served the community in numerous capacities, he was particularly devoted to promoting healthy and positive environments for our youth, teens, and young adults and in honor of this commitment, the Mayor and Council adopted a Resolution on September 26, 2005 dedicating and naming the new west side recreation facility as the John W. Pitts Recreation Center; and
WHEREAS, John W. Pitts was very gracious and humble in serving as a member of City Council; earning the respect, admiration, and high regard of all with whom he came into contact; and
WHEREAS, our community has sustained a great loss in the death of John W. Pitts.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their regret for the loss of John W. Pitts and extend their deepest sympathy to the members of his family and hope that they will be consoled by the memories of his fine life and achievements.
2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent records of the City of Dover in recognition of the many contributions graciously given to the community by Councilman John W. Pitts.
ADOPTED: OCTOBER 24, 2005
Mr. Carey requested that the Resolution be displayed in the John W. Pitts Recreation Center once construction is complete.
PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mrs. Donna Mitchell for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2004. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
Mayor Speed presented Mrs. Mitchell, Finance Director/Treasurer, with the plaque. He noted that this was the 20th consecutive year that the City has received the award and commended her for an outstanding job. Councilman Salters (Chairman of the Legislative, Finance, and Administration Committee) also commended Mrs. Mitchell and her department on receiving the award. Mrs. Mitchell thanked the Mayor and members of Council for giving them the opportunity to participate in the award process. She also thanked her staff for all their hard work.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 174 MIFFLIN ROAD (OWNED BY MARY FRANCIS O'CONNOR)
An annexation referendum was held on October 13, 2005 for property located at 174 Mifflin Road, containing 25,070+/- square feet, owned by Mary Francis O’Connor.
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. Carey moved to accept the referendum results, seconded by Mr. Sadusky 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 certain lot, piece or parcel of land and premises, together with the improvements thereon erected, situate in East Dover Hundred, Kent County and State of Delaware, lying on the West side of the black top public road leading from the Dover-Hartly road (Horsehead Road) to the Dover-Hazlettville road, designated as Lot No. 9 on a plot of lands of the Atlantic Land Co., Inc., of record in the Office of the Recorder of Deeds at Dover, Delaware, in Plot Book 3, Page 157, bounded on the North by Lot No. 8 and on the South by Lot No. 10 as said lots appear on the aforesaid plot; on the West by other lands of the Atlantic Land Co., Inc. and on the East by the said black top public road, and being more particularly described as follows, to-wit:
BEGINNING at a point in the west right of way line of the aforesaid black top public road at a distance of eight hundred (800) feet South of lands of Donald G. Carey and Pauline H. Carey, his wife, said distance of eight hundred (800) feet being measured along the West right of way line of said black top public road; thence binding with the South line of Lot No. 8 South sixty-five (65) degrees thirty-five (35) minutes West a distance of two hundred fifty (250) feet to a point in line of other lands of the Atlantic Land Co., Inc.; thence binding with other lands of Atlantic Land Co., Inc. South twenty-four (24) degrees twenty-five (25) minutes East a distance of one hundred (100) feet; thence binding with the North line of Lot No. 10 North sixty-five (65) degrees thirty-five (35) minutes East a distance of two hundred fifty and seven-tenths (250.7) feet to a point in the West right of way line of the said black top public road; thence binding therewith on the arc of a curve (to the right) with a radius of two thousand eight hundred ninety-four and nine tenths (2,894.9) feet a distance of sixty-five and one-tenth (65.1) feet to another point in the West right of way line of the said black top public road; thence continuing therewith North twenty-four (24) degrees twenty-five (25) minutes West a distance of thirty-four and nine-tenths (34.9) feet to the place of BEGINNING, be the contents thereof whatsoever they may;
AND BEING the same lands and premises conveyed unto R. Pennell Emerson, single man, by deed of Richard E. Smith and Beverly A. Smith, his wife, by deed dated October 16, 1964, and of record in the Office of the Recorder of Deeds in and for Kent County and State of Delaware in Deed Record Book T, Volume 23, Page 39.
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 25th day of October, 2005 at 12:01 a.m. o'clock.
ADOPTED: OCTOBER 24, 2005
Public Hearing - Zoning Classification
Mr. Anthony DePrima, City Manager, reviewed the Petition to Annex and Zone property (Exhibit #1). He noted that this annexation is the result of a failed septic system and an emergency sewer line, which is capable of serving two additional houses, that was installed at a cost of $16,000. Mr. DePrima advised members that one-third of the cost was recouped through the hookup fees and 100% of the cost will be recouped when the other properties are brought online. The Planning Commission recommended that the zoning classification of this property be approved as R-8 (One Family Residence) upon annexation.
Council President Williams declared the public hearing open and, with no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved that the property located at 174 Mifflin Road be zoned R-8 (One Family 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 August 22, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 174 MIFFLIN 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 RS-1 - Single Family Residential (Kent County zoning classification) to R-8 - 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 RS-1 - Single Family Residential (Kent County) to R-8 - One Family Residence (City of Dover zoning classification) on that property located at 174 Mifflin Road, owned by Mary Frances O'Connor.
ADOPTED: OCTOBER 24, 2005
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF SEVENTEEN (17) PARCELS TOTALING 11.08+/- ACRES (OWNED BY DOVER INTERNATIONAL SPEEDWAY, INC.)
An annexation referendum was held on October 13, 2005 for property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, containing 11.08+/- acres, owned by Dover International Speedway, Inc.
Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) 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
Mr. Carey moved to adopt the annexation resolution, seconded by Mr. Salters.
Responding to Mr. Ruane, Mr. DePrima stated that a cost-benefit analysis was not done for this annexation since development is not proposed. He noted that the applicant has many parcels and they would like to consolidate them under as few titles as possible and to annex them into the City limits. Mr. Ruane stated that he would like to know the criteria for performing or not performing a cost-benefit analysis. Mr. DePrima stated that he would provide a cost-benefit analysis for this annexation. Mr. Hogan reminded members that a cost-benefit analysis was done for all properties being considered for annexation during the Comprehensive Plan Update. Mr. Ruane stated that the Utility Committee previously received cost-benefit analysis for annexations. He noted that, although the RC zone for this property will result in higher taxes to the City, there could be instances where annexation of a property would not be financially beneficial to the City. Mr. Ritter did not think it was necessary to have a cost-benefit analysis on this property since it would not be utilizing City utilities at this time.
By a unanimous roll call vote, Council adopted the following annexation Resolution:
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 and Little Creek 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, situated in East Dover Hundred, Kent County, State of Delaware, lying on the southwest corner of the intersection of State Route One and Leipsic Road, being bounded on the North by State Route One, on the East by Leipsic Road, on the South in part by Finish Line Drive and in part by other lands of Dover International Speedway, Inc. and on the West by other lands of Dover International Speedway, Inc. and more particularly described in accordance with a plan entitled “Annexation Plan – Dover International Speedway, Inc.” prepared by Becker Morgan Group, Inc., dated August 8, 2005, as follows to wit:
Annexation Parcel One (10.33 Acres):
Beginning for this description at a point at the intersection of the westerly right-of-way line of State Route One with the northerly right-of-way line of Leipsic Road, thence from the point of beginning and with the northerly right-of-way line of Leipsic Road 1) curving to the left on an arc of a circle having a radius of 938.83 feet an arc distance of 404.71 feet, the chord bearing of said arc being South 14˚ 05’ 37” West a distance of 401.59 feet to a point at a corner for this parcel and at the intersection of the northerly right of way line of Leipsic Road with the westerly right-of-way line of Finish Line Drive; thence with the westerly right-of-way of Finish Line Drive the following three courses and distances 2) South 75˚ 54’ 55” West a distance of 119.80 feet to a point; thence 3) South 14˚ 05’ 05” East a distance of 22.81 feet to a point; thence 4) South 75˚ 54’ 55” West a distance of 162.79 feet to a point at a corner for this parcel and other lands of Dover International Speedway, Inc.; thence turning and running with said Dover International Speedway lands the following two courses and distances 5) North 09˚ 58’ 48” West a distance of 180.68 feet to a point; thence 6) South 80˚ 01’ 12” West a distance of 212.53 feet to a point at a corner for this parcel and in line with other lands of Dover International Speedway, Inc., thence turning and running with other lands of Dover International Speedway, Inc. 7) North 10˚ 13’ 46” West a distance of 1,042.85 feet to a point at a corner for this parcel and in line with the westerly right-of-way line of State Route One; thence turning and running with the westerly right-of-way line of State Route One 8) South 49˚ 04’ 01” East a distance of 1,048.55 feet to the point and place of beginning and containing 10.33 acres of land, be the same more or less.
Annexation Parcel Two (0.75 Acres):
Beginning for this description at a point at the intersection of the westerly right-of-way line of State Route One with the southerly right-of-way line of Leipsic Road, thence from the point of beginning and with the westerly right-of-way line of State Route One 1) South 49˚ 04’ 01” East a distance of 272.48 feet to a point at a corner for this parcel and other lands of Dover International Speedway, Inc.; thence with said lands of Dover International Speedway 2) South 75˚ 54’ 55” West a distance of 272.16 feet to a point at a corner for this parcel and in line with the southerly right-of-way lane of Leipsic Road; thence with the southerly right-of-way line of Leipsic Road; thence with the southerly right-of-way of Leipsic Road 3) curving to the right on an arc of a circle having a radius of 758.83 feet and arc distance of 252.72 feet, the chord bearing of said arc being North 13˚ 21’ 33” East a distance of 251.56 feet to the point and place of beginning and containing 0.75 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 25th day of October, 2005 at 12:01 a.m. o'clock.
ADOPTED: OCTOBER 24, 2005
Public Hearing - Zoning Classification
Mr. Anthony DePrima, City Manager, reviewed the Petition to Annex and Zone property (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as RC (Recreation Commercial) upon annexation.
Council President Williams declared the public hearing open.
Mr. Gregory V. Moore of Becker Morgan Group, architects and engineers representing Dover International Speedway, advised members that they have no plans to change the use of the property, which is currently used as a staging and parking area for race day. He noted that they were planning to make improvements, such as walking paths and roadways for parking. With reference to the cost/benefit analysis, Mr. Moore stated that Dover International Speedway makes additional payments for fire, EMS, and police services related to their race events.
Council President Williams declared the public hearing closed.
Mr. Carey moved that the property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, containing 11.08+/- acres, be zoned RC (Recreation Commercial) as recommended by the Planning Commission. The motion was seconded by Mr. Ritter 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 August 22, 2005).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF SEVENTEEN (17) PARCELS TOTALING 11.08+/- ACRES
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 AR - Agricultural Residential (Kent County zoning classification) to RC - Recreation 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 AR - Agricultural Residential (Kent County zoning classification) to RC - Recreation Commercial (City of Dover zoning classification) on that property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc.
ADOPTED: OCTOBER 24, 2005
PRESENTATION - NATIONAL CITIZEN SURVEY RESULTS
Mr. DePrima conducted a presentation of the National Citizen Survey Results (as on file in the Office of the City Clerk).
MONTHLY REPORTS - SEPTEMBER 2005
By motion of Mr. Slavin, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
QUARTERLY REVENUE REPORT
Mr. Slavin thanked Mrs. Mitchell and Mrs. Tieman for preparing the Quarterly Revenue Report. He noted that the transfer tax revenue was higher than forecasted. Mrs. Mitchell advised members that the estimate was conservative and she would not be making an adjustment unless she sees a trend developing.
Responding to Mr. Slavin, Mrs. Mitchell stated that the Chancery Court fees were below the estimate due to timing of the receipt of the checks. She also noted that there was unplanned revenue in the amount of $152,000, which was an impact fee for Malmberg Hall.
Mr. Hogan moved for acceptance of the Quarterly Revenue Report, seconded by Mr. Carey and unanimously carried.
COMCAST FCC FILING FORMS 1240 AND 1205
Comcast files with the Federal Communications Commission Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services”, and Form 1205, "Determining Regulated Equipment and Installation Costs." Comcast is required to provide the City of Dover with a copy by August 1st of each year. Once the City receives a copy, Council has ninety (90) days (November 1st) to take action on the filing per the F.C.C. regulation. After ninety (90) days action cannot be taken. Our Franchise Agreement, Section 7.4.3 provides "The Franchising Authority may conduct a full compliance audit and hold public hearings at any time during the term of the Franchise, provided it gives the Company written notice thirty (30) days in advance of the commencement of such audits and associated hearings." The City currently relies on the Public Service Commission audits. The formulas and forms for the calculated rates are provided by the F.C.C. and the City has no recourse to stop a rate increase when these formulas are followed by the cable company.
Mrs. Mitchell, Finance Director/Treasurer, advised members that a franchise fee review is underway; however, the City has encountered a late start due to working out some details of a confidentiality agreement with Comcast. It is recommended that Council proceed with the adoption of the above-mentioned forms and the results of the review will follow at a later date.
By consent agenda, Mr. Slavin moved for acceptance of the Comcast FCC Filing Forms 1240 and 1205, seconded by Mr. Carey and carried by a unanimous roll call vote.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Section 46-43 of the City Code, the City Manager, Mr. Anthony J. DePrima, performed the inspection of the Robbins Hose Company on Thursday, October 13, 2005. The facility and vehicles appeared to be in good condition, well maintained and well organized and the new construction is on schedule.
By consent agenda, Mr. Slavin moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, seconded by Mr. Carey and carried by a unanimous roll call vote.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 21, 2005
The Robbins Hose Company election is scheduled for November 21, 2005. The following persons have been recommended to serve as judges for the election:
1. Harry Hayes 2. William Jacobs. 3. John Hurd (alternate)
By consent agenda, Mr. Slavin moved for approval of the appointment of judges for the Robbins Hose Company election, seconded by Mr. Carey and carried by a unanimous roll call vote.
AUTHORIZATION TO PURCHASE SECURITY FENCING - LONG POINT ROAD WATER TREATMENT PLANT
In August 2005, the City of Dover Department of Public Works, as well as other municipal Public Works Departments throughout the State, were notified by the Delaware Emergency Management Agency (DEMA) that Federal FY-2003 (Physical Security Enhancement) Grant Funds were available for use. The Department of Public Works proposed a project to install approximately 1,690 linear feet of 6' high black vinyl coated chain link fence around the perimeter of the Long Point Road Water Treatment Plant property. Also included in the project description are two (2) twelve foot wide swing gates to vehicular traffic entering the site and one (1) four-foot wide personnel gate for access to valves outside of the fenced area.
This type of fencing was listed on the City's annual fencing contract, which was awarded to Duck's Quality Fences earlier this fiscal year. Duck's Quality Fences will complete the fencing installation for this project upon authorization by the City of Dover. Public Works staff is awaiting the signed authorization from DEMA for this improvement and will utilize the sub-grant process offered by DEMA. Staff has received the email authorization for this project, and is anticipating the receipt of the written authorization from DEMA by October 31, 2005.
This purchase will be included in the mid-year budget revisions and will be 100% reimbursed through the Homeland Security Grant Program.
Staff requested authorization to use Federal FY-2003 Homeland Security Grant Funds to purchase and install a 6' high security fence around the perimeter of the Long Point Road Water Treatment Plant. Installation will be completed by the City's fence contractor, Duck's Quality Fences, using the annual fence contract. Staff will adjust the budget to reflect this purchase, as well as the receipt of the grant funds.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
SETTING OF DATES FOR SPECIAL ELECTION
In accordance with Section 13 of the City Charter, a Special Election must be held to fill the vacancy created by the death of Councilman John W. Pitts, since the vacancy created is in excess of six (6) months in duration. This position is for a Fourth (4th) District Council seat with a term that expires May 8, 2006.
The following dates were suggested for Council consideration and approval relative to the Special Election:
Date of Election - Tuesday, December 13, 2005 - The earliest the election can be held is November 15, 2005 and the latest it can be held is December 15, 2005.
Filing Petitions - October 25, 2005 through November 4, 2005 - This time frame allows nearly two weeks for filing of petitions and close to five (5) weeks for campaigning and absentee voting.
Voter Registration Close - November 15, 2005 - Voter registration (for the Special Election) shall close on November 15, 2005 and reopen on January 1, 2006. The State will continue to accept voter registration applications, but will not forward them to the City of Dover until our registration period reopens.
Mrs. Green advised members that the Elks Lodge (which has moved to their new facility on Salisbury Road) has been tentatively reserved as the polling place for the Special Election. She suggested that, if Council would prefer, another possible polling place could be City Hall. Newspaper notices for the filing petition dates will be prepared so that we can advertise immediately following the Council Meeting (upon Council approval of the dates).
It was the consensus of members that a Special Meeting be held soon after the election so that the new Council member could be sworn in as soon as possible.
Mr. Salters moved for approval of the proposed dates, as recommended by staff, seconded by Mr. Carey and carried by a unanimous roll call vote.
REZONING REQUEST/FIRST READING (RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION ON NOVEMBER 21, 2005 AND THAT A PUBLIC HEARING BE SET FOR DECEMBER 12, 2005 AT 7:30 P.M.)
A request was received to rezone property located on the west side of Silver Lake Boulevard adjacent to Silver Lake Convalescent Center, owned by Pelken, Inc. The property is currently zoned C-PO (Commercial/Professional Office) and the proposed zoning is RM-1 (Medium Density Residence).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Sadusky, Council unanimously referred the request to the Planning Commission and set a public hearing for December 12, 2005 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF SILVER LAKE BOULEVARD ADJACENT TO SILVER LAKE CONVALESCENT CENTER OWNED BY PELKEN, INC. THIS PROPERTY IS CURRENTLY ZONED C-PO (COMMERCIAL/PROFESSIONAL OFFICE) AND THE PROPOSED ZONING IS RM-1 (MEDIUM DENSITY RESIDENCE)
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of October 10, 2005.
Chapter 106 - Traffic and Vehicles, Section 106-17 - Truck Routes
Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Hogan moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 106 - Traffic and Vehicles - of the Dover Code be amended by adding a new section 106-17, to read as follows:
(a) Except as hereinafter provided, no commercial vehicle having three (3) or more axles shall be operated on any street in the City of Dover except on a "truck route."
(b) The following roads are designated as "truck routes" within the City of Dover:
(1) U.S. Route 13
(2) Bay Road
(3) Governors Avenue
(4) Saulsbury Road
(5) Dover-Kenton Road
(6) Persimmon Tree Lane
(7) Delaware Route 1
(8) Scarborough Road
(9) McKee Road
(10) South Little Creek Road
(11) Leipsic Road
(12) Denny's Road
(13) Delaware Route 8
(14) North Street
(15) New Burton Road
(16) White Oak Road
(c) This section shall not apply to any commercial vehicle with three (3) or more axles:
(1) Making a local delivery to or a pickup from a place in the City of Dover incapable of being directly accessed from a designated "truck route." The driver must have available proof of intended place of delivery or pickup and:
(a) If entering the City limits, the driver shall use the most direct practical route from a designated truck route to and from the delivery or pickup, and
(b) If originating from within the City limits, the driver shall use the most direct practical route to and from the place of delivery or pickup within the City and/or the most direct practical route to a designated "truck route" if going outside the City limits.
(2) Owned by or leased to the City or any volunteer fire company or emergency response organization when engaged in official business, including, by way of example, those vehicles of any fire department, or any police department or agency, or to any town or state public works department or agency.
(3) Owned by, leased to, or operated by any public utility company (or its subcontractor) while engaged in public utility operations.
(4) Garbage and solid waste haulers in the course of their business operations.
(5) Operated on any City street officially designated as a detour route where such vehicle could otherwise be lawfully operated upon the street for which such detour is established.
ADOPTED: OCTOBER 24, 2005
COUNCIL MEMBERS COMMENTS
Mr. Carey congratulated Mrs. Green, City Clerk, on the outstanding evaluation she received (4.9 out of 5) for teaching Parliamentary Procedures to the Delaware Municipal Clerks.
Mr. Slavin thanked Mayor Speed and Councilman Salters for their eloquent and heartfelt tributes to Councilman Pitts during his funeral service. Mr. Salters announced that the family of Councilman Pitts has asked him to relay their appreciation for the support shown them by the City and Council members.
Mr. Hogan reminded members of the “Goblins and Goodies” night being held on October 29, 2005 from 5:00 p.m. to 7:00 p.m. at the Delaware Agricultural Museum.
Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meet