REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 25, 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. Mr. Pitts was absent.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mr. Galvin, 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.
Mr. Richard Snyder, Newark, Delaware, advised members that he was in attendance during the last Council Meeting and was impressed with the proposed Eden Hill Farm Project. It was his feeling that it will prove to be beneficial to the City and commended members for supporting such a project.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Slavin and unanimously carried.
Mr. Ritter requested that item #4D, City Manager’s Report, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 11, 2005
The Minutes of the Regular Council Meeting of July 11, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
PROPOSED RESOLUTION - SUPPORT OF APPLICATION FOR THE GREATER DOVER COMMITTEE’S LIVEABLE DELAWARE APPLICATION - $10,000 GRANT - COMPREHENSIVE STUDY OF DOWNTOWN DOVER
Ms. Lisa Ratliff, Executive Director of the Greater Dover Committee, requested consideration of a Resolution in support of a comprehensive, solution-focused study of downtown Dover. Mr. Galvin, Director of Planning and Inspections, explained that the “Livable Delaware” Planning Program provides funding for activities of this type to assist municipalities in dealing with issues related to their development, transportation, land use regulations and planning. The Greater Dover Committee wishes to submit an application for funding through the “Livable Delaware Assistance to Municipalities Counties Program” in the amount of $10,000 to aid in conducting the study. Mr. Galvin stated that essentially, the Greater Dover Committee wishes to conduct a study with five (5) goals, as follows: 1) identify opportunities and related barriers to the success of downtown Dover to become a day and night destination; 2) identify solutions from other venues similar to downtown Dover; 3) evaluate current incentive programs and identify and prioritize new incentives to catalyze the revitalization of downtown; 4) identify needed changes in the mix or balance of core uses in the subject area and identify ways of changing the mix; and 5) identify the ways to coordinate the various groups and organizations working on issues in downtown Dover.
Mr. Hogan moved to approve the request of the Greater Dover Committee, seconded by Mr. Carey, and by a unanimous roll call vote (Mr. Pitts absent), Council adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover support the Greater Dover Committee and their project to conduct a comprehensive, solution-focused study of the downtown Dover in order to develop findings and conclusions that will be directed toward the long-range improvement of the vitality of downtown Dover; and
WHEREAS, the “Livable Delaware” Planning Program provides funding for activities of this type to assist municipalities in dealing with issues related to their development, transportation, land use regulations and planning to implement the goals and objectives of the “Livable Delaware” initiatives; and
WHEREAS, the City of Dover does not possess the total capitol required to conduct the activity described herein.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover approves the submission of an application for funding through “Livable Delaware Assistance to Municipalities Counties Program” in the amount of $10,000 to aid in conducting a comprehensive, solution-focused study of downtown Dover.
ADOPTED: JULY 25, 2005
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 11, 2005
The Legislative, Finance, and Administration Committee met on July 11, 2005 with Chairman Salters presiding.
Proposed Ordinance Amendments - Relief of the Real Estate Transfer Tax for First Time Home Buyers and Abatement of Real Property Taxes in the Downtown Area
During their Regular Meeting of March 28, 2005, members of Council approved the Parks, Recreation, and Community Enhancement Committee’s recommendations regarding a homeownership initiative for the downtown area. This approval required the development of ordinances that would extend the first time home buyer transfer tax exemption to the seller in the target area and to provide real estate tax abatement for home purchasers in the target area. The target area has been defined as Mary Street to Loockerman Street and Governors Avenue to West Street. Members were provided proposed ordinance amendments as prepared by City Solicitor Rodriguez.
Responding to Mr. Hogan, members concurred that there should be a sunset provision to allow members the opportunity to revisit this subject to determine if it is a program they wish to continue or if it should be discontinued.
Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, Paragraph (a)(3) {Old Code Section 19.5-19 (9)}
During the committee meeting, members amended Section 102-71 by adding the following sentence to Paragraph (a)(3): “This homebuyer’s exemption is to be effective from the date of adoption to August 1, 2010". The committee recommended adoption of the ordinance amending Section 102-71, Paragraph (a)(3), as amended.
Mr. Salters noted that the Mayor has suggested that the last sentence of Paragraph (a)(3) be amended to include “for the seller” between the words “exemption” and “is”. He also noted that the Mayor has suggested adding the following sentence to Paragraph (a)(3) of Section 102-71: “Council shall have the right to deny this exemption to any property owner where the sale and purchase appears to be done fraudulently to take advantage of the realty transfer tax exemption ordinance”.
Mr. Salters moved for approval of the committee’s recommendation and the additional amendments as recommended by Mayor Speed. The motion was seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose and Section 102-113 - Qualifications, Paragraph (d) {Old Code Sections 19.5-31 and 19.5-33(e)}
During the committee meeting, members noted a typographical error in Paragraph (d) of Section 102-113 that should be corrected by replacing “twenty-five percent (25%)” with “seventy-five percent (75%)” and by replacing “seventy-five percent (75%)” with “twenty-five percent (25%)”. This correction has been confirmed by City Solicitor Rodriguez and is a true reflection of the Parks, Recreation and Community Enhancement Committee’s recommendation. Members also amended Section 102-113 by adding the following sentence to Paragraph (d): “In order to be eligible for this program, application must be received by the City of Dover prior to August 1, 2010”.
The committee recommended adoption of the ordinance amending Section 102-111 and Paragraph (d) of Section 102-113, as corrected and amended.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
E-Government Strategic Plan Presentation
Members reviewed an E-Government Strategic Plan for the City of Dover that was developed by Mr. Callan, Information Technology Director. He reminded members that the City of Dover Internet site won an award for being among the top 10 municipal sites for 2003. The E-Government Strategic Plan provides the City’s goals, current status, methodology, future initiatives, measurement of success and its purpose is to communicate how the City can continue to expand and advance Internet based services. It was noted that the Plan includes information regarding on-line payment method options. Mr. Callan explained that in order for Dover to provide an on-line payment method for a growing list of services, the City must determine what methods of payment the City will accept.
Staff recommended endorsement of the E-Government Strategic Plan which provides a direction for continuing the expansion of the City’s services on the Internet.
The committee recommend approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for endorsement of the E-Government Strategic Plan as recommended by the committee, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and unanimously carried.
MONTHLY REPORTS - JUNE 2005
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report (March, April, May, and June)
City Clerk/Alderman Report (Fines)
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
Referring to page 15 of the City Manager’s Report, Mr. Ritter questioned how the funding was acquired for the Richardson Park Fencing since Council approved a request of staff to transfer these project funds to another project a few months back. Responding, Mr. DePrima stated that during the discussion, members of Council relayed concern with delaying the installation of the fence due to safety issues. It was apparent that members wanted the fencing installed around Richardson Park; therefore, the necessary funds were actually acquired to accomplish both projects. Since he could not recall exactly which project or budget line item the funds were obtained from, Mr. DePrima indicated that he would provide this information to members. Note by City Clerk: According to the City Manager, staff requested authorization to transfer funds earmarked for the Richardson Park Fencing to complete the St. Jones River Pedestrian Bridge Project. Because the project was carried into fiscal year 2005/06, instead of using fiscal year 2004/05 funding from the Richardson Park Fence project, the City Manager decided to make up the difference by using funds from the ADA project funds or transferring funds from a “yet to be identified” general fund account that is under budgeted at the time of the mid-year review.
Mr. Ritter referred to page 14 of the City Manager’s Report and requested that staff include a bar graph depicting total flow to Kent County parallel with the total water production. This would provide an idea of the water production versus the flow going into Kent County and provide an understanding of how much excess the City is paying to Kent County. Mr. DePrima indicated that he would attempt to provide the information for the next report.
Mr. Ritter noted that the Water Master Plan is 96% complete and questioned when Council would be provided an update. Mr. DePrima indicated that there is one more review scheduled and that the final report is in draft form. He assured members that Council would be provided an update in the near future. Mr. Ritter also questioned why there is sometimes a strong chlorine smell in the water. Responding, Mr. DePrima stated that there are various reasons, such as the amount of water used, which wells are operating, the aquifer sources, etc. Mr. Ritter suggested that the City consider the use of zinc orthophosphate, which many municipalities have recently started to introduce into their water systems.
Mr. Hogan moved for acceptance of the City Manager’s Monthly Report for June 2005, seconded by Mr. Salters and unanimously carried.
EVALUATION OF BID - FISCAL YEAR 2006 STREET PROGRAM
In conjunction with the City’s Capital Investments Plan, it is proposed to rehabilitate various pavement sections throughout the City during fiscal year 2006. The following 18 locations were tentatively outlined in the proposed scope of work:
Babb Drive Pennsylvania Avenue Crescent Drive
Old Forge Drive Millcreek Circle Mimosa Avenue
Village Drive George Washington Sackarackin Avenue
S. Queen Street S. Kirkwood Street Willis Road
Wilson Drive Reed Street Woodburn Circle
S. Bradford Street Legislative Avenue Woodcrest Walkway
Mr. DePrima advised members that the proposed work for Babb Drive includes site layout, storm drainage, excavating for the installation of a stone base, curbing, sidewalk, and Type B & C Asphalt for a 235 linear foot section of new road. Two (2) contractors submitted bids: Pennsy Supply, Inc., in the amount of $1,576,386.30; and George & Lynch, Inc., in the amount of $1,666,360.75. Members were provided unit prices received from the two (2) contractors.
Staff recommended awarding a unit price contract for the Fiscal Year 2006 Street Program to Pennsy Supply, Inc. based on the unit prices identified. The scope of work for the program will be altered to reflect the funding that has been secured to complete each location. Staff will add or delete from the contract based on available funding throughout the fiscal year and inform the City Manager of such additions or deletions. All work will be paid for at the unit prices bid for work completed and accepted by the Department of Public Works. The total work authorized under this contract will not exceed the available funding.
Mr. Carey moved to award the Fiscal Year 2006 Street Program to Pennsy Supply, Inc., as recommended by staff. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
SOUTHEAST WATER LOOP - ENGINEERING SERVICES AGREEMENT (DESIGN)
In November 2004, a Request for Qualifications for water and wastewater engineering services was issued. Based on the review of the submission from various engineering firms, staff requested a cost proposal from Pennoni Associates, Inc. to provide professional engineering services for the design of the Southeast Water Loop. The project will involve the design of water main to connect existing infrastructure in River’s Edge Apartments with existing infrastructure on DelDOT’s Danner Farm Campus. This project will increase transmission capacity from east to west in the City’s water system as well as improve system pressures during peak demands in this sector of the distribution system. This loop was modeled as part of the 2005 Water Master Plan Update and is an important capital improvement to the southern end of the distribution and transmission system.
Staff recommended awarding the engineering services agreement to Pennoni Associates, Inc. in the amount of $76,500 to design all of the improvements necessary to construct the Southeast Water Loop which will connect the City’s water distribution system from River’s Edge Apartments to the DelDOT Danner Farm Campus.
Mr. Carey moved to award the engineering services agreement for the Southeast Water Loop to Pennoni Associates, Inc. in the amount of $76,500, as recommended by staff. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts absent).
FIRST READING - PROPOSED ORDINANCES
Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of August 8, 2005. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed ordinance amendments as read by the City Clerk, by title only, as follows:
Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, Paragraph (a)(3)
Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose and Section 102-113 - Qualifications, Paragraph (d)
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of July 11, 2005. Note by City Clerk: Initial discussions regarding the proposed amendment reference the 1981 Dover Code, Chapter 13 - Motor Vehicles and Traffic, Division I - Generally, Section 13-30.2 - Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking.
Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 1 - Generally, Section 106-123 - Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
Council President Williams noted that there was a typographic error. She advised members that the Chapter of the ordinance should be reflected as 106 rather than 102 and assured members that the City Clerk will correct the ordinance for its final adoption.
Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing, and Parking, Division I - Generally, of the Dover Code, be amended by striking Section 106-123 - Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking in its entirety and inserting in lieu thereof the following:
(a) It shall be unlawful for any person to park any vehicle with a carrying capacity of more than one (1) ton, any trailer which includes but is not limited to boat, utility, construction or one that is used to carry goods regardless of weight capacity and is designed to be towed or pulled by another vehicle, or any vehicle or trailer on the City of Dover streets for a period longer than two (2) consecutive hours.
(b) It shall be unlawful for any person to park any commercial vehicle with a carrying capacity of more than one (1) ton, any trailer which includes but is not limited to utility, construction or one that is used to carry goods regardless of weight capacity and is designed to be towed or pulled by another vehicle, or any vehicle or trailer combination thereof, or any travel trailer in any residential zone in the city except for temporary parking for immediate deliveries, pickups, and/or service calls to residences or for construction work on residential properties. A commercial vehicle shall be one which is used or maintained for the transportation of persons or property for hire, compensation or profit, except taxicabs.
(c) It shall be unlawful for any person to park a trailered boat under twenty-five (25) feet on the streets of Dover for a period longer than twelve (12) consecutive hours. For any trailered boat twenty-five (25) or greater, refer to Section 13.30.2(a).
(d) It shall be unlawful for any motor home to park on any residential street for a period longer than twelve consecutive hours without a permit. A resident owner of a motor home may request a parking permit from the City of Dover to park on a residential street in the vicinity of their residence for a period not to exceed 72 hours. The permit would be made available at no cost to the resident. The parking permit shall be displayed in the front window of the vehicle visible from the street. A resident may only request such a permit three times in any twelve month period.
(e) Nonresidents are exempt from subsection (d) for a period of up to seven (7) days as long as their motor home or travel trailer does not create a safety hazard or interfere with traffic in the residential area that they are parked in.
(f) All parking allowed in this section only applies to streets that can accommodate parking in compliance with Appendix A, Article VI, Section A.
ADOPTED: JULY 25, 2005
COUNCIL MEMBERS COMMENTS
Comments made by Mr. Ritter have been made a part of the record under the Monthly Reports (City Manager).
Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:03 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 25, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20057-25-2005- Council.wpd