ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 9, 2005 at 7:30 p.m. with Mayor Speed presiding. Council members present were Council President Williams, Mr. Carey, Mr. Pitts, 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, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, and Mrs. Green.
The invocation was given by Reverend P. Wayne Zschech, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Hogan and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 25, 2005
The Minutes of the Regular Council Meeting of April 25, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Pitts and bore the written approval of Mayor Speed.
OATHS OF OFFICE - CITY COUNCIL
The Honorable Henry duPont Ridgely, Justice of the Supreme Court, administered the Oath of Office to members of City Council, as follows:
Council - At-Large - Carleton E. Carey, Sr.
Council - First District - Kenneth L. Hogan
Council - Second District - Eugene B. Ruane
Council - Third District - Robert G. Ritter, Jr.
Council - Fourth District - Rueben Salters
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mr. Salters moved for the appointment of Beverly C. Williams to serve as Council President/Vice-Mayor for 2005/2006, seconded by Mr. Slavin and carried with Mr. Ritter voting no.
RECESS
Mr. Slavin moved to recess to take photographs of the Mayor and members of City Council, seconded by Mr. Hogan and unanimously carried.
Meeting recessed at 7:45 p.m. and reconvened at 7:53 p.m.
STATE OF THE CITY MESSAGE - MAYOR STEPHEN R. SPEED
Mayor Stephen R. Speed presented the State of the City Message (Exhibit #1) and gave a Power Point presentation.
UTILITY COMMITTEE REPORT - APRIL 25, 2005
The Utility Committee met on April 25, 2005 with Chairman Carey presiding.
Water System Master Plan
Mr. Koenig, Director of Public Works, introduced Mr. Andrew Cooper with Whitman, Requardt and Associates, and gave a Power Point Presentation on the Water System Master Plan. He noted that this presentation is the second of a series and that the information will be used for the Capital Investments Plan and for budgetary purposes.
Mr. DePrima explained that due to the complexity of the issues involved, although staff has budgeted funds for upgrades, the exact uses will not be known until the completed study is received. He requested that members realize that the Plan addresses issues that will not be considered anytime in the near future.
There was no further action taken.
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.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 26, 2005
The Parks, Recreation, and Community Enhancement Committee met on April 26, 2005 with Chairman Pitts presiding.
Open Space/Recreation Plan - Chestnut Grove Farms
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres. Chestnut Grove Farms consists of approximately 50.86+/- acres of land, situated on the south side of Chestnut Grove Road, west of Sweetgum Drive. Based on the number of dwelling units proposed (189), this subdivision requires 1.19+/- acres of land for active open space.
Ms. Dawn Melson of the Planning and Inspections Department presented the Active Recreation Plan for Chestnut Grove Farms, which proposes a total of two (2) recreation areas, all directly adjacent to the street or sidewalk. Included are a modular play system, walking path, welcome/safety sign, access ramp, and benches. The total investment for the above-mentioned items is $55,000.
Staff recommended approval of the Open Space/Recreation Plan with the following:
1. Changing the surface material of the Area 1 walking path to play structure to a hard surface material (i.e. concrete or bituminous).
2. Provide a hard surface path to access the first bench near the path west of the play structure in Area 1.
3. Consider relocation of several of the benches or proposed tree plantings in the vicinity of the play structure to achieve placement of benches within shady areas.
4. Provide construction details for the walking path construction.
5. The open lawn areas should be established and maintained in conditions suitable for recreation and pedestrian use. These areas should be appropriately graded and seeded with turf grasses as necessary.
6. The applicant should be aware of the requirements for construction phasing of the recreation area as associated with the development of the residential units.
Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.
7. There shall be provisions which insure that the common open space land, including the active recreation areas, shall continue as such and be properly managed and maintained. These provisions shall be in a form acceptable to the City of Dover. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space, i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance, and taxes on common open space and recreation facilities.
During the committee meeting, Mr. Hogan suggested realigning the bottom portion of the walking path near lot 66 in order to provide more open space in the area and to make it more accessible. Mr. Greg Scott of Scott Engineering stated that, although he intended to provide sufficient distance between the walking path and the houses, he could realign the walkway as suggested.
The committee recommended approval of the Open Space/Recreation Plan for Chestnut Grove Farms, with the understanding that the applicant will incorporate the changes verbalized by the committee, as well as the staff recommendations contained in the report.
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 Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - APRIL 27, 2005
The Safety Advisory and Transportation Committee met on April 27, 2005 with Chairman Ritter presiding.
Poor Drainage on Whiteoak Road - Entrance to Oak Shadows (Simpson Log Homes)
Mr. Ritter advised members that there has been an ongoing drainage problem at the Oak Shadows development, located off of Whiteoak Road. He noted that the development is located within the City; however, the drainage ditch, which, due to its elevation, is causing ponding on the road and residential lots below it, is located outside of the City limits. Due to its location, there is some uncertainty as to whether the ditch is under the jurisdiction of Kent County government or Kent Conservation. Mr. Ritter also noted that the ponding is presenting a road hazzard. He stated that Mr. Vasuki Hirasaeve, DelDOT Central District Engineer, had been to the site and indicated that the tax ditch needed to be cleaned out or a culvert needed to be installed past the high point on the ditch and then fill in the ditch. This would also provide a shoulder for the road.
The committee recommended that the Mayor and Council President send a letter to the State of Delaware, Kent County, and Kent Conservation, requesting them to evaluate the drainage situation.
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.
Traffic Signal Timing and DelTrac System - Report by Traffic Management Center
Mr. Gary Laing, DelDOT Municipal Liaison, advised members that a recent report grading states on their traffic management indicated that Delaware is addressing its traffic needs with the DelTrac system. He noted that DelTrac is operated from the Traffic Management Center, which is adjacent to the Delaware Emergency Management Agency (DEMA). Mr. Laing noted that the traffic engineers are able to monitor traffic conditions throughout the state via computers and cameras. He stated that adjustments are made to the signals as traffic conditions warrant or demand.
Mr. Laing stated that parallel, one-way streets could be timed in such a way that motorists have all green lights; however, multi-lane, two-way streets with varying speeds cannot be timed in that manner. He noted that the signals are timed to provide good traffic flow, eliminate extreme traffic backups, and reduce emissions by limiting idling time.
Mr. DePrima advised members that $4M had been committed to upgrading the 18 lights located within the City of Dover in order for them to become a part of the DelTrac system. He noted that conversion would begin on Division Street this year.
Mr. Ritter suggested that it may be beneficial for the committee to tour the DelTrac facility. Mr. Laing stated that he would make arrangements for a tour once a date was selected.
DART Bus Stop - Wild Meadows
Mr. Ritter recently attended a Wild Meadows civic association meeting where members expressed a desire to have a DART bus stop. He also informed members that the president of the Persimmon Park Place Civic Association advised him that the DART bus stop at Persimmon Park Place had been eliminated and the residents would like to see it reinstated. Mr. Ritter suggested that the route include both Persimmon Park Place and Wild Meadows. Mr. Laing stated that decisions to vary the bus routes were based on ridership numbers. He noted that residents can call DART 24 hours in advance to arrange for the bus to pick them up and take them to a central stop. Mr. Laing stated that he could provide literature to Wild Meadows regarding the bus services available.
Updates - DelDOT Projects
College Road Corridor Upgrade
Mr. DePrima advised members that this project has been delayed and is now included in either the FY2008 or FY2009 CIP.
Crawford Carroll Drive
Mr. Laing advised members that this project was delayed for several reasons; however, construction has resumed. Mr. DePrima indicated that it was scheduled for completion by the end of the year.
West Dover Connector
Mr. Laing advised members that there was a working group meeting three (3) weeks ago, at which time members eliminated some of the proposed conceptual plans from further study. Mr. Laing stated that, during the March working group meeting, the Rodney Village Civic Association and the engineering firm presented concepts for consideration. The information gathered from the meeting will be presented at the next working group meeting scheduled for May 25, 2005 at 5:30 p.m. at the Modern Maturity Center.
Walker Road Project Construction
Mr. Laing stated that this project appears to be nearing completion.
Discussion - Requirement for Fencing - Stormwater Retention Ponds (Mr. Simmons and Mr. Carey)
Mr. Carey advised members that concerns had been brought to his attention regarding the stormwater management ponds throughout the City. It has been suggested that the City consider requiring that the ponds be fenced.
Mr. James Galvin, Director of Planning and Inspections, stated that Appendix B, Article 5, Section 11.2 of the Dover Code references abiding by the Engineering Field Manual for the USDA and applying those calculations and regulations to retention ponds, which is what the Kent Conservation District does. No pond should be greater than three (3) feet deep and each pond has a reverse bench built into it so that the slope steps down gradually. He noted that the Kent Conservation District also participates with the City in evaluating any proposals with a disturbance area greater than 5,000 square feet. Mr. Galvin stated that the Delaware Code does not require fencing around stormwater facilities.
Mr. Galvin cautioned members that fences tend to collect garbage and it is easier for children to get over fences than adults, making it more difficult for a casual rescuer to reach a child in the pond.
During the committee meeting, Mr. DePrima stated that the Planning Commission evaluates the stormwater ponds and makes recommendations based on their location. He noted that they have recommended planting thorn bushes around ponds and, in some instances, the developer chooses to have their pond fenced. Mr. DePrima suggested contacting the building community for their insight in this matter. Mr. Galvin noted that underground storage tanks could be used as an alternative to ponds.
The committee recommended referring the matter back to staff in order to research options and to confer with members of the community and other agencies to obtain their input and report back to the committee.
Mr. DePrima noted that he and Mr. Galvin were currently finishing goals projected for completion this year and would schedule this project for sometime in July 2005.
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.
Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic - Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
Members reviewed a proposed ordinance amendment to Chapter 13, Motor Vehicles and Traffic, which would impose a time limit of twenty-four (24) consecutive hours for parking a boat trailer on residential streets. Currently, parking of boat trailers on residential streets is limited to two (2) hours.
Mr. Carey advised members that he had been contacted by a constituent regarding concerns with the time limit for parking boat trailers on the street. They advised him that the limit prohibits them from parking their boat at home the night before a fishing trip in order to leave early in the morning.
Responding to Mr. Lakeman, Mr. Carey stated that he had only received a complaint from one (1) citizen; however, they have been expressing this concern for some time. He stated that the citizen was willing to come to the next meeting to present his case for the committee.
The committee moved to defer the matter until the next meeting in order to have the citizen present to provide members additional information.
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 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 2, 2005
The Legislative, Finance, and Administration Committee met on May 2, 2005 with Chairman Salters presiding.
Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens
Section 19.5-52(b) of the Dover Code provides for a tax reduction in the amount of $25,000 for real property owners 65 years of age or over. The $25,000 was set when taxes were based on 60% of value. When the property tax base was increased to 100%, the Assessor’s Office increased the tax reduction amount accordingly, which totaled an amount of $41,700 ($25,000 divided by .6); however, Section 19.5-52(b) had not been amended to reflect this change. Members were provided a proposed ordinance amendment that would bring the Code in line with the City’s current practice. Staff recommended adoption of the proposed amendments to Section 19.5-52(b) of the Dover Code.
Members were provided historical information regarding the Over 65 Tax Exemption and correspondence received from Mr. and Mrs. Stephen R. Alexander, 140 Sweetgum Drive, requesting that the Senior Citizens Tax Exemption formula be reevaluated.
Noting that the figures were not realistic since they had not been changed in seven (7) years, Mr. Hogan felt the exemption amount and the property owner income amounts (both single and married) should be increased to provide greater relief to the senior citizens.
Concurring, Mr. Slavin noted that the cost of living has increased significantly for senior citizens in the last few years, including health insurance, the cost of prescription drugs, and a wide variety of costs that impact citizens on fixed incomes. Mr. Slavin stated that more and more people are retiring before age 65 and suggested that the age limit be decreased to 60 or 62 years of age. He also questioned why railroad pensions were not considered income. Mr. Salters stated that he objected to lowering the age since many people 65 years of age and older still receive income.
Mr. Ruane advised members that, currently, there are 263 property owners with a property value of $10M that are eligible to take advantage of the senior citizen discount. He noted that the City’s tax income is being reduced by $44,710 as a result of those exemptions based on the current limits.
Mr. Hogan suggested that the first $41,700 of assessed valuation be increased to $50,000, that individual income be increased from $10,400 to $15,000, and that the income for married couples be increased from $18,000 to $21,000. Mr. Ritter suggested that the ordinance also include verbiage directing Council to revisit the figures at the completion of each reassessment.
The committee recommended that Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens, be amended, as follows: 1) replace “twenty-five thousand dollars ($25,000.00)” with “fifty thousand dollars ($50,000)” in Subsection (b); 2) replace “ten thousand four hundred dollars ($10,400.00)” with “fifteen thousand dollars ($15,000)” in paragraph (1) of Subsection (b); 3) replace “eighteen thousand dollars ($18,000.00)” with “twenty-one thousand dollars ($21,000)” in paragraph (2) of Subsection (b); and by adding a new paragraph (14) to read “City Council will review these numbers at the conclusion of each reassessment.”
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. (The First Reading of the ordinance will take place during the latter part of the meeting).
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and unanimously carried.
COUNCIL APPOINTMENTS - 2005/2006
City Solicitor
Mr. Carey moved for the appointment of Nicholas H. Rodriguez to serve as City Solicitor for 2005/2006, seconded by Mr. Salters and unanimously carried.
Deputy City Solicitor
Mr. Carey moved for the appointment of William Pepper to serve as Deputy City Solicitor for 2005/2006, seconded by Mr. Salters and unanimously carried.
Fire Marshal
Mr. Carey moved for the appointment of David J. Truax to serve as Fire Marshal for 2005/2006, seconded by Mr. Salters and unanimously carried.
Treasurer/Finance Director
Mr. Carey moved for the appointment of Donna S. Mitchell to serve as Treasurer/Finance Director for 2005/2006, seconded by Mr. Slavin and unanimously carried.
City Clerk/Alderman
Mr. Salters moved for the appointment of Janice C. Green to serve as City Clerk/Alderman for 2005/2006, seconded by Mr. Slavin and unanimously carried.
Assistant City Clerk/Deputy Alderman
Mr. Salters moved for the appointment of Traci A. McDowell to serve as Assistant City Clerk/Deputy Alderman for 2005/2006, seconded by Mr. Sadusky and unanimously carried.
Assistant Treasurers
Mr. Carey moved for the appointment of Janice C. Green and Traci A. McDowell to serve as Assistant Treasurers for 2005/2006, seconded by Mr. Salters and unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL
The City Clerk read the following committee appointments as recommended by Council President Williams:
Legislative, Finance, & Administration Committee
Reuben Salters, Chairman
Kenneth L. Hogan
Timothy A. Slavin
Daniel Shevock (civilian member)
Dana T. Shelton (civilian member appointed by
Committee Chair)
Parks, Recreation, and Community Enhancement Committee
Robert M. Sadusky, Chairman
John W. Pitts
Eugene B. Ruane
William P. Truitt (civilian member)
James Long (civilian member appointed by
Committee Chair)
Safety Advisory Committee
Kenneth L. Hogan, Chairman
Carleton E. Carey, Sr.
Robert G. Ritter, Jr.
Paul Lakeman (civilian member)
John Link (civilian member appointed by
Committee Chair)
Utility Committee
Carleton E. Carey, Sr., Chairman
Eugene B. Ruane
Robert M. Sadusky
Richard Snaman (civilian member)
Edgar Cregar (civilian member appointed by
Committee Chair)
Construction Code Board of Appeals
Eugene B. Ruane, Chairman
Robert G. Ritter, Jr.
Civilian Pension Board
Kenneth L. Hogan
Eugene B. Ruane
Police Pension Board
Kenneth L. Hogan
Eugene B. Ruane
Noting that the Council President did not discuss his appointment to the Construction Code Board of Appeals and his difficulty in attending daytime meetings, Mr. Ritter stated that he would not be able to serve on the Board. He also noted the many accomplishments of the Safety Advisory and Transportation Committee during this past year while he served as Chair and requested that the Council President provide a public explanation for the decision not to reappoint him to serve as Chair of this committee.
Mr. Carey moved for approval of the committee appointments as recommended by Council President Williams, with the elimination of the appointment of Mr. Ritter to the Construction Code Board of Appeals. The motion was seconded by Mr. Slavin and unanimously carried.
MISCELLANEOUS COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT
The City Clerk reading the following miscellaneous appointments, as recommended by Council President Williams:
Liaison to Chamber of Commerce
and Greater Dover Committee
Stephen R. Speed, Mayor
Beverly C. Williams, Council President
Kent County Tourism
John W. Pitts
Liaison to Kent County (City/County Committee)
Stephen R. Speed, Mayor
Beverly C. Williams, Council President
Carleton E. Carey, Sr.
Reuben Salters
Timothy A. Slavin
Anthony J. DePrima, City Manager
Mr. Salters moved for approval of the miscellaneous appointments, as recommended by Council President Williams, seconded by Mr. Carey and unanimously carried.
COMMITTEE APPOINTMENTS - MAYOR
The City Clerk read the following committee appointments, as recommended by Mayor Speed, for Council confirmation:
Dover 4th of July Celebration Committee
John J. Friedman, President
Ron Poliquin, Vice-President & COO
Donna Mitchell, Treasurer
Dick Bundy, Military Liaison
Tim Slavin
Elaine Brenchley
Jim Flood, Jr.
Ron Shomo, Musical Director
Steve Speed, Chairman (ex-officio member)
Dover Public Library Advisory Commission (Annual)
Councilman Eugene B. Ruane
Downtown Dover Development Corporation (Annual)
Councilman John W. Pitts
Councilman Reuben Salters
Councilman Timothy A. Slavin
Anthony DePrima, City Manager
James Galvin, City Planner
Election Board (Three Year Term to Expire 5/2008)
William Garfinkel, At-Large Representative
Housing Code Board of Appeals (Annual)
Rexene Ornauer, Representative of Homeowners
Charles Martin, Representative of Local Real Estate
Mr. Hogan moved for approval of the appointments, as recommended by Mayor Speed, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mayor Speed announced that an ordinance is being presented for a First Reading as referred by the Legislative, Finance, and Administration Committee. He 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 ordinance will take place during the Council Meeting of May 23, 2005. In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Ordinance as read by the City Clerk, by title only, as follows:
Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens
Mr. Carey moved for adjournment, seconded by Mr. Slavin and unanimously carried.
Meeting Adjourned at 8:34 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Annual Meeting of May 9, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20055-09-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - State of the City Address