REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 9, 2003 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane. Mrs. Williams was absent.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mr. Jorgenson, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Lois Myers, 136 Spruance Road, reminded members of a complaint made during their meeting of April 28, 2003, regarding parked cars. The next day, a community police officer came and met with neighbors. Letters were distributed by the Police Department to every residence on Spruance Road advising them of the parking violations. If there were parking violations within one (1) week, the officer indicated that warnings would be issued and then citations would be necessary. Ms. Myers indicated that she was aware of warnings being issued; however, there has been no further action by the police officers in issuing citations. She was hopeful that her contacting them would resolve the issue.
Ms. Myers advised members that there are two (2) businesses located at the end of Spruance Road (White Oak Road) whose garbage has become litter throughout the neighborhood. She questioned if there was any action that could be taken, such as requiring some type of barrier to prevent the litter from scattering throughout the neighborhood.
Ms. Myers also indicated that the gates at Silver Lake are opened past dusk. She stated that there is a lot of loud music and partying occurring after dusk, well into the evening hours, at the Silver Lake Park.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey requested the addition of item #1A, Adoption of Minutes - Special Council Meeting of May 28, 2003.
Mr. Speed moved for approval of the agenda as amended, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 27, 2003
The Minutes of the Regular Council Meeting of May 27, 2003 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 28, 2003
The Minutes of the Special Council Meeting of May 28, 2003 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
PRESENTATION - DR. WALTER R. DAVIS, III - SERVICE ON DOWNTOWN DOVER DEVELOPMENT CORPORATION AND CITY OF DOVER HUMAN RELATIONS COMMISSION
Mayor Hutchison presented Dr. Walter R. Davis, III with a Dover Cup in recognition of services rendered as a member of the Downtown Dover Development Corporation, serving from September 2001 through April 2002, and of the City of Dover Human Relations Commission, serving from April 2002 through May 2003. Mayor Hutchison noted that Dr. Davis served on the Human Relations Commission in its first year, which is always a trying time in developing policies, procedures, etc. He relayed appreciation for the contributions of Dr. Davis and wished him much success in future endeavors.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED 500+/- FEET NORTH OF THE ROUTE 8 AND SAULSBURY ROAD INTERSECTION, OWNED BY K.B. INVESTMENTS
A public hearing was duly advertised for this time and place to consider rezoning of property located 500+/- feet north of the Route 8 and Saulsbury Road Intersection, owned by K.B. Investments. The property is currently zoned RG-1 (General Residence) and COZ-1 (Corridor Overlay) and the proposed zoning is C-PO (Commercial/Professional Office) and COZ-1 (Corridor Overlay).
Planner's Review
Mr. Jorgenson, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). The Planning Commission recommended that the request for rezoning be approved.
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Randy Duplechain of Davis, Bowen & Friedel, indicated he was present representing the owner of the property to answer any questions of members.
Council President McGlumphy declared the hearing closed.
Mr. Speed moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and by a unanimous roll call vote (Mrs. Williams absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of April 28, 2003.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED ON THE EAST SIDE OF SAULSBURY ROAD, 500' +/- NORTH OF THE INTERSECTION OF ROUTE 8 AND SAULSBURY 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 RG-1 (General Residence) and COZ-1 (Corridor Overlay Zone) to CPO (Commercial/Professional Office) and COZ-1 (Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RG-1 and COZ-1 to CPO and COZ-1 on those properties located on the east side of Saulsbury Road, 500' +/- north of the Intersection of Route 8 and Saulsbury Road, owned by K.B. Investments.
ADOPTED: JUNE 9, 2003
PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with Section 505 of the 1993 Electric Revenue Refunding Bond Issue (Refunding 1985 Electric Revenue Bond) prior to adoption of the budget. Notice of the public hearing was properly advertised for this time and place.
Mr. DePrima stated that the total revenue and expenditures for the Electric Revenue Fund has been projected at $63,479,599 for fiscal year 2003/2004. He noted that approximately $54,000,480 is anticipated from sales of basic electric rates and an additional $3,270,000 is anticipated from the power cost adjustment. The actual power cost for basic rates is estimated at $35,199,465 and, in accordance with the contract with Duke, an additional power adjustment cost is estimated at $3,270,474. Mr. DePrima indicated that although there is no increase proposed for the basic rates, the budget does call for an increase in power adjustment cost charge from $.00129 kilowatt to $.00466 kilowatt, which, for a home with an annual kilowatt usage of 1,000, would equate to a $3.27 increase in their electric bill.
Mr. Ruane noted that the copy of the proposed electric budget is a “work in progress” and has been provided for the purpose of discussion. City Clerk’s Office Note: The notice of public hearing indicated that the “budgets have been submitted to the Mayor and Council for their review and consideration and the amounts are subject to change.”
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak during the public hearing, Council President McGlumphy declared the public hearing closed.
No further action was taken.
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARINGS
The Assessment Appeals Committee met on May 21, 2003. Members present were Councilmen Salters (Chairman), Truitt, and Speed. Formal property assessment appeals were reviewed as follows:
Whatcoat Social Service Agency: Members considered a request for a tax exemption for property located at 369 College Road and Lots 158/159 College Settlement.
The committee recommended approval of the Whatcoat Social Service Agency application for Tax Exempt Status for 369 College Road and Lots 158/159 College Settlement (exempt amount - $462.61).
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Salters moved for approval of the committee’s recommendation for approval of the application of Whatcoat Social Service Agency for tax exempt status for property located at 369 College Road and Lots 158/159 College Settlement. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Williams absent).
Turnberry Maintenance Association: Members considered a request for a tax exemption and waiver of 2002-2003 taxes ($355.52) for properties located at L S. Turnberry, 1.083 Ac N. Turnberry, and 2.6 Ac N. Turnberry.
Mr. Cooper, City Assessor, informed the committee that properties that are designated open space (Parkland) are exempt from taxes in accordance with 9 DEL C., Section 8110 (a) (2) a, b, and c.
The committee recommended denial of the waiver of taxes for the year 2002-2003 and approval of the Turnberry Maintenance Association’s application for Tax Exempt Status on the properties located at L S. Turnberry, 1.083 Ac N. Turnberry, and 2.6 AC N. Turnberry (amount exempt amounted -$355.52). (The committee recommended denial of the waiver of taxes due ($355.52) because the applicant filed for exemption after the 2002 Appeals Committee hearings; therefore, the applicant will have to pay 2002-2003 taxes.)
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Salters moved for approval of the committee’s recommendation to deny the request of Turnberry Maintenance Association for waiver of taxes for the year 2002-2003 and approval of the application for tax exempt status for properties located at L S. Turnberry, 1.083 Ac N. Turnberry, and 2.6 AC N. Turnberry. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote (Mrs. Williams absent).
Christ Episcopal Church: Members considered a request for a tax exemption and waiver of 2002-2003 taxes ($467.17) for property located at 507 S. State Street.
During the hearing, it was suggested that the City reduce taxes owed due to the fact that the structure on the property was damaged by fire in 2002 and that the applicant pay taxes ($140.43) on the vacant land only.
The committee recommended denial of the waiver of taxes for the year 2002-2003 and approval of the Christ Episcopal Church application for Tax Exempt Status on the property located at 507 S. State Street (amount exempted - $140.43). (The committee recommended decreasing the amount owed due to fire damage to the structure located on the property and a waiver of the remainder of taxes due ($140.43) because the applicant filed for exemption after the 2002 Appeals Committee hearings; therefore, the applicant will have to pay 2002-2003 taxes.)
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Salters moved for approval of the committee’s recommendation to deny the request of Christ Episcopal Church for waiver of taxes for the year 2002-2003 and approval of the application for tax exempt status for property located at 507 S. State Street. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote (Mrs. Williams absent).
Luther Towers: Members considered a request for a tax exemption on the property located at 101 Babb Drive (Luther Village).
Members requested the applicant to provide additional financial information (from Luther Towers) due to the fact that the Form 990 that was supplied showed insignificant expenses and income. The committee was advised that Luther Towers has five (5) separate foundations, which is why the form 990 shows insignificant income and expenses.
The committee recommended approval of the Luther Towers application for Tax Exempt Status on the property located at 101 Babb Drive (amount exempted - $838.44).
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Salters moved for approval of the committee’s recommendation to approve the application of Luther Towers for tax exempt status for properties located at 101 Babb Drive. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Williams absent).
St. Johns Lutheran Church: The committee considered a request for a tax exemption on the property located at 1156 Walker Road. The current use of the property is for a school.
The committee recommended approval of the St. Johns Lutheran Church application for Tax Exempt Status on the property located at 1156 Walker Road (amount exempted - $1,534.40).
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Salters moved for approval of the committee’s recommendation to approve the application of St. Johns Lutheran Church for tax exempt status for property located at 1156 Walker Road. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote (Mrs. Williams absent).
Marantha Christian Church: The committee considered a request for a tax exemption and waiver of 2002-2003 taxes ($1,017.92) for property located at 1207 and 1235 E. Division Street. The current use of the property is for a Church.
Members had previously requested the 501-C-3 Federal Exemption Approval Form. Since the requested information was not submitted with the application, it was suggested that the applicant’s request for exempt status be approved contingent upon the receipt of the 501-C-3 Federal Exemption Approval Form.
The committee recommended denial of the waiver of taxes for the year 2002-2003 and approval of the Christ Marantha Church application for Tax Exempt Status on the property located at 1207 and 1235 E. Division Street, contingent upon the receipt of the 501-C-3 Federal Exemption Approval Application (amount exempted - $1,017.92). (The committee recommended denial of the waiver of taxes due ($1,017.92) because the applicant filed for exemption after the 2002 Appeals Committee hearings; therefore, the applicant will have to pay 2002-2003 taxes.)
Council President McGlumphy declared the public hearing open. There being no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Salters moved for approval of the committee’s recommendation to deny the request of Christ Marantha Church for waiver of taxes for the year 2002-2003 and approval of the application for tax exempt status for properties located at 1207 and 1235 E. Division Street, contingent upon the receipt of the 501-C-3 Federal Exemption Approval Application. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Williams absent).
Mr. Salters moved for acceptance of the Property Assessment Appeals Report, seconded by Mr. Speed and unanimously carried.
SETTING OF PROPERTY TAX RATE FOR FISCAL YEAR 2003/2004
The current property tax rate for the City of Dover is forty-one and one hundredth cents ($0.411) per one hundred of assessed valuation. During their Regular Meeting of November 12, 2002, City Council authorized that the basis for the property tax calculation be changed from sixty percent (60%) of the appraised value to one hundred percent (100%) of the appraised value with a corresponding decrease in the tax rate from $0.00685 to $0.00411.
The City Manager recommended approval of the same rate for the upcoming tax billing and that the 2003/2004 tax rate be set at $.00411 per hundred of assessed value.
Mr. Salters moved that the property tax rate remain at forty-one and one hundredth cents ($0.411) per one hundred dollars of assessed valuation for the upcoming 2003/2004 property tax billing. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Williams absent).
TRANSPORTATION COMMITTEE REPORT - MAY 20, 2003
The Transportation Committee met on May 20, 2003 with Chairman Ruane presiding.
House Bill 111 - Legal Level for Drunk Driving
Members were provided HB 111, proposed legislation which would establish .08 as the prohibited blood or breath alcohol concentration for driving, operating or having physical control of a motor vehicle in the State of Delaware and establish a limit on entering the First Offender Program to those individuals who have a reading of less than twice the prohibited concentration (.16). Members were also provided a summary of federal sanctions to be imposed if HB 111 is not passed by the State Legislature.
The committee recommended to City Council that it support House Bill 111.
Mr. Ruane moved for approval of the committee’s recommendation (Exhibit #2), seconded by Mr. Carey and carried with Mr. Speed voting no (Mrs. Williams absent).
Dover Signalization Project
Mr. Koenig stated that a Transportation Improvement Project (TIP) submission has been prepared for the Dover Signalization Project. He noted that the City would be willing to negotiate the terms of implementation. Ms. Wieczoreck stated that she was under the impression that the DelDOT Signal Department would like to complete the Wilmington Signalization project prior to beginning the Dover project. She noted that they are also concerned with the maintenance cost of the 18 Dover signals. Mr. DePrima stated that the City could develop a plan to gradually transfer the maintenance costs to the State. Mr. Ruane suggested that the installation of cameras at various intersections and the resulting increased fines could contribute to the signalization support.
During the committee meeting, Mr. DePrima recommended that, if City Council ranks the signalization as the number one or two priority for the City, a very specific letter, including the TIP submission, could be sent to Secretary Hayward. He thought it should also include the proposal to discuss the phasing of the transfer of the maintenance cost of the signalization. Noting that five (5) of the seven (7) participants have ranked Signalization as the number one (1) project, Mr. Ornauer recommended that the recommendation be forward to Council without finalizing the project prioritization.
The committee recommended that City Council endorse Signalization as the City’s number one project, and recommended that City Council bring this matter to the attention of the Secretary of Transportation, Nathan Hayward, along with advising him of the City’s willingness to discuss the phasing and financing of the costs associated with the project and subsequent maintenance.
Mr. Ruane moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. Ritter and unanimously carried.
Eden Hill Farm
Mr. Ruane, referencing a memo dated May 8, 2003 from Secretary Hayward to Governor Minner, noted that they “will be working with the community to decide whether, how, and when to build the extension” and that “the question of where the road might go and where it might be tied into New Burton Road remain to be answered with the help of the people who live in the area.”. Mr. Ornauer suggested that, once it is prepared, the scope of the project be presented to the Transportation Committee.
Mr. DePrima suggested writing a letter to Secretary Hayward indicating that the Committee is privy to his memo to the Governor and that they support 100% his efforts and his eagerness to include the area neighbors. He also suggested that the Transportation Committee relay its willingness to help with the transportation aspect of the project.
The committee recommended that a letter be sent to Secretary Hayward recognizing his memo to the Governor and lauding him for the memo with respect to the openness of the study and his determination to include the concerns of the neighbors in the study and requesting that the City of Dover Transportation Committee be given some role, in either the study group or the hearing process, with respect to the road network issues.
Mr. Ruane moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Speed and unanimously carried.
Mr. Ruane moved for acceptance of the Transportation Committee Report, seconded by Mr. Salters and unanimously carried. (Mr. Ruane noted that this report of the Transportation Committee is a draft and that they have not yet been presented to the committee for their approval).
PARKS AND RECREATION COMMITTEE RECREATION COMMITTEE REPORT - MAY 27, 2003
The Parks and Recreation Committee Recreation Committee met on May 27, 2003 with Chairman Pitts presiding.
Bid - Playground Equipment - Division/Kirkwood Streets
The Parks and Recreation Committee Recreation Department solicited bids for the purchase of new playground equipment and structures including the installation at Division/Kirkwood Streets. The bid package was reflective of the public workshop, which included approximately 20 families, and the current safety standards meeting CPSC, ASTM F1487-01 and ADA Regulations. Staff recommended awarding the bid to the low bidder, West Recreation, Inc. of Queenstown, Maryland, in the amount of $49,942 for the purchase and installation of playground equipment and structures as specified in the bid.
The purchase of the Division/Kirkwood Street playground equipment and structures is identified on page 34 of the 2003-2007 Capital Investments Plan and on page 149 of the FY2003 Operating Budget in the amount of $75,000, with designated funding from the Parkland Reserve. The bid amount of $49,942 will be transferred from the Parkland Reserve Account.
The committee recommended that a purchase order be issued to West Recreation, Inc. of Queenstown, Maryland, in the amount of $49,942 for the purchase and installation of playground equipment and structures as specified in the bid, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Ritter and carried by a unanimous roll call vote (Mrs. Williams absent).
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Recreation Committee Report, seconded by Mr. Speed and unanimously carried.
UTILITY COMMITTEE REPORT - MAY 27, 2003
The Utility Committee met on May 27, 2003 with Chairman Ruane presiding.
North Street Water and Sewer Utility Improvements - State of Delaware Reimbursement
Members were advised that during the initial discussions with the State of Delaware Department of Transportation regarding the upgrade and widening of North Street from Mifflin Road to West Street, the Department of Public Works was requested by the former City Manager to identify all of the necessary water and sewer utility upgrades to provide service to the Eden Hill Farm. The projected improvements were then incorporated into the final contract drawings for the North Street Upgrades.
The City of Dover executed a letter agreement regarding the utility relocation and adjustment under State Contract #98-045-01 North Street, Mifflin Road to West Street on January 31, 2001. The water and sewer utility improvements are now complete and the State of Delaware Department of Transportation is requesting reimbursement in the amount of $53,525.88 (water utility improvements - $39,036.88 and sewer utility improvements - $14,489).
Staff recommended that the State of Delaware Department of Transportation be reimbursed $53,525.88 to be charged against the water utility in the amount of $39,036.88 and the sewer utility in the amount of $14,489.
As a result of this issue, Mr. Ruane indicated that the committee requested staff to develop a policy for the consideration of such improvements to provide guidance and outlines for the negotiation process. Such a policy will also include a methodology for assessing the costs to the property owners that are gaining from the improvements.
The committee recommended approval of staff’s recommendation to reimburse the State of Delaware Department of Transportation in the amount of $53,525.88 and that $39,036.88 be charged against the water utility and $14,489 be charged against the sewer utility.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Williams absent).
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Speed and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE FINANCE COMMITTEE REPORT (COMMITTEE OF THE WHOLE) - MAY 27, 2003
The Legislative and Finance Committee Finance Committee met as a Committee of the Whole on May 27, 2003 with Council President McGlumphy presiding.
Proposed Ordinance Amendments - Chapter 2 - Administration, Article VIII - Committees
Members considered proposed amendments to Chapter 2 - Administration, Article VIII - Committees, Sections 2-147, 2-157, 2-162, and 2-167 - Members. These amendments would allow nominees to vote for themselves when the council president has nominated them to serve on a standing committee by eliminating the wording “with any nominee not entitled to vote” from each of these sections.
During the committee meeting, there was much discussion regarding the intent of the proposed amendments and the legality of their consideration.
The committee recommended adoption of the proposed ordinance amendments.
Mr. Speed moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Ritter and carried by a roll call vote of five (5) yes, three (3) no (Mr. Carey, Mr. Truitt, and Mr. Salter), and one (1) absent (Mrs. Williams).
Proposed Land Subdivision Amendments - Appendix A, Article III - Definitions and Article VI - Subdivision - General, Requirements and Design Standards, Section A - Streets, Paragraph 8 - Street Layout (Request Two Means of Access into Major Subdivisions)
Members reviewed a proposed amendment to Appendix A - Land Subdivision Regulations, Article III - Definitions and Article VI - Subdivision - General, Requirements and Design Standards, Section A - Streets, Paragraph 8 - Street Layout. Mr. Jorgenson, City Planner, explained that the proposed text amendments provide for a second entrance to subdivisions, provided such entrance is permitted by the Delaware Department of Transportation. This text amendment is also an attempt to comply with Chapter 4, Means of Access, Section 4-1-2 of the National Fire Prevention Associations’ Fire Protection in Planned Building Groups which requires “(access) to the Property of the planned building group shall be provided by a minimum of two distinctly separate routes of ingress and egress, each located as remotely from the other as possible”. A second entrance provides that in an emergency situation, if one access is blocked, emergency vehicles have access into the subdivision via a second route. Staff recommended approval of the proposed amendments.
During the committee meeting, it was suggested that the following wording be added to the proposed amendment to Article VI, Section A, Paragraph 8: “or is determined to be unfeasible”.
The committee recommended approval of the proposed land subdivision amendments as amended. Since these are Land Subdivision Amendments, it is recommended for referral to the Planning Commission on July 21, 2003 and that a public hearing be set for July 28, 2003 at 7:30 p.m.
Mr. Speed moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Ritter and carried by a roll call vote of six (6) yes, two (2) no (Mr. Carey and Mr. Salters), and one (1) absent (Mrs. Williams). (City Clerk’s Office Note: During the Regular Meeting of June 23, 2003, Mr. Truitt requested that this motion be corrected to reflect his support of the committee’s recommendation.) The First Reading of the ordinance will take place during the latter part of the meeting.
Proposed Legislation - H.B. 157 - Real Estate Transfer Tax
Mayor Hutchison provided members with a copy of current legislation that is before the House of Representatives known as H.B. 157, related to the taxation of real property. This legislation proposes to increase the State Realty Transfer Tax from 1 and ½ percent to 1 and 7/8 percent and decrease the level of tax that county and municipal governments may impose on real property transfer from 1 and ½ percent to 1 and 1/8 percent. Since this legislation would have a serious financial impact on the City of Dover, Mayor Hutchison requested that members adopt a Resolution opposing H.B. 157.
The committee recommended adoption of a Resolution in opposition to H.B. 157.
Mr. Speed moved for approval of the committee’s recommendation by consent agenda. The motion was seconded by Mr. Ritter and by a roll call vote of six (6) yes, two (2) no (Mr. Carey and Mr. Salters), and one (1) absent (Mrs. Williams), Council adopted the following Resolution: (City Clerk’s Office Note: During the Regular Meeting of June 23, 2003, Mr. Truitt requested that this motion be corrected to reflect his support of the committee’s recommendation.)
WHEREAS, House Bill 157, presently before the General Assembly for consideration, would increase the State Realty Transfer Tax from 1 and ½ percent to 1 and 7/8 percent and decreases the level of tax that county and municipal governments may impose on real property transfers from 1 and ½ percent to 1 and 1/8 percent; and
WHEREAS, the Mayor and Council of the City of Dover have several concerns with the proposal and recognize the serious impact House Bill 157 would have upon the City’s financial operations; and
WHEREAS, it is realized that the affect of House Bill 157 is a tax rate increase imposed by the State of Delaware, which will result in the City’s need to acquire the necessary funds through other fees imposed upon our citizenry; and
WHEREAS, during their Regular Meeting of June 9, 2003, members of City Council authorized the issuance of a Resolution to be sent to the General Assembly indicating the concerns of Council and their opposition to the House Bill 157.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER that the Mayor and Council of the City of Dover oppose the passage by the General Assembly of House Bill 157, which would increase the State Realty Transfer Tax and decrease the level of tax that county and municipal governments may impose on real property transfers.
ADOPTED: JUNE 9, 2003
Mr. Speed moved for acceptance of the Legislative and Finance Committee Finance Committee Report by consent agenda, seconded by Mr. Ritter and carried by a roll call vote of five (5) yes, three (3) no (Mr. Carey, Mr. Truitt, and Mr. Salters), and one (1) absent (Mrs. Williams).
ELECTION TO FILL VACANCIES - ROBBINS HOSE COMPANY - FIRE LINE OFFICERS
Fire Chief Bashista advised members that he received letters of resignation from Assistant Chief Triesler and Assistant Chief Whedbee. In accordance with the City Code and the By-Laws of the Robbins Hose Company, nominations were held during the June 2, 2003 Regular Monthly Meeting, members of the Robbins Hose Company No. 1 elected, by the Secretary’s Ballot, the following to serve as Fire Line Officers for the Year 2003, for Council consideration:
First Assistant Chief - David C. Carey
Third Assistant Chief - John L. Lecompte, III
Fourth Assistant Chief - William R. Staats, Jr.
First Fire Line Captain - Edwin B. Baker, III
Second Fire Line Captain-Jason A. Osika
Mr. Salters moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2003 as submitted by consent agenda. The motion was seconded by Mr. Speed and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Pitts moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Speed and carried by a roll call vote of five (5) yes, three (3) no (Mr. Carey, Mr. Truitt, and Mr. Salters), and one (1) absent (Mrs. Williams). Council President McGlumphy reminded the public that copies of the proposed ordinances 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 June 23, 2003.
Mr. Pitts moved for acknowledgment of the First Reading of the following proposed ordinances, by title only, seconded by Mr. Speed and carried by a roll call vote of five (5) yes, three (3) no (Mr. Carey, Mr. Truitt, and Mr. Salters), and one (1) absent (Mrs. Williams).
CHAPTER 2 - ADMINISTRATION, ARTICLE VIII - COMMITTEES
➛ Division 1.5 - Legislative and Finance Committee, Section 2-147 - Members, Subsection (a)
➛ Division 2 - Parks and Recreation Committee, Section 2-157 - Members, Subsection (a)
➛ Division 2.5 - Safety Advisory Committee, Section 2-162 - Members, Subsection (a)
➛ Division 3 - Utility Committee, Section 2-167 - Members, Subsection (a)
FIRST READING - PROPOSED LAND SUBDIVISION AMENDMENTS
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Carey and unanimously carried. Council President McGlumphy reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Since the ordinances are amendments to the Land Subdivision Regulations, a public hearing is required and it is recommended for referral to the Planning Commission on July 21, 2003. A public hearing and final action by Council on the proposed ordinances will take place during the Council Meeting of July 28, 2003 at 7:30 p.m.
By motion of Mr. Salters, seconded by Mr. Carey, Council unanimously referred the proposed ordinances to the Planning Commission and set a public hearing for July 28, 2003 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only:
➛ ARTICLE III - DEFINITIONS, K - MAJOR SUBDIVISION
➛ ARTICLE VI - SUBDIVISION - GENERAL REQUIREMENTS AND DESIGN STANDARDS, SECTION A - STREETS, PARAGRAPH 8
FINAL READING - RECONSIDERATION OF REZONING - ONE YEAR LIMITATION EXPIRATION
During their Regular Meeting of May 27, 2003, members held a public hearing for the reconsideration of a rezoning as a result of a one year limitation expiration for property located at 811 Bay Road, owned by Delaware Industrial Enterprises. The property was previously zoned C-4 (Highway Commercial) and IPM (Industrial Park Manufacturing) is currently zoned SC-3 (Regional Shopping Center). Since no request for an extension had been received, staff recommended that the property revert to the zoning classifications of C-4 and IPM. Council approved staff’s recommendation and held a First Reading of an ordinance reverting the property back to its original zoning classifications of C-4 and IPM.
Mr. Salters moved for adoption of the zoning ordinance for the property located at 811 Bay Road to revert back to its original zoning classifications of C-4 and IPM. The motion was seconded by Mr. Carey and by a unanimous roll call vote (Mrs. Williams absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of May 27, 2003.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 811 BAY 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 SC-3 (Regional Shopping Center) to C-4 (Highway Commercial) and IPM (Industrial Park Manufacturing).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from SC-3 to C-4 and IPM on that property located at 811 Bay Road, owned by Delaware Industrial Enterprises.
ADOPTED: JUNE 9, 2003
CORRESPONDENCE - COMCAST - PROPOSED RATE INCREASES
Council President McGlumphy noted receipt of correspondence from Comcast Cablevision regarding price increases to become effective July 1, 2003 for Limited Basic and Full Standard cable services. It was noted by Comcast that the adjustments are driven by continual escalation of the costs charged to them by programmers and incremental operating cost increases. The price structures excluding any taxes and fees are as follows:
Service Level Current Price New Price
Limited Service $18.25 $20.00
Expanded Service $21.99 $23.19
Standard Service $40.24 $43.19
(Limited Service plus Expanded Service)
COMMENTS - MEMBERS OF COUNCIL
Mr. Salters announced that the 13th Annual African American Festival would be held on Saturday, June 28, 2003 and invited all to attend.
Mr. Speed moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:40 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of June 9, 2003, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20036-09-2003.min.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit 1 - Planner’s Review - East Side of Saulsbury Road between Route 8 and Carver Road
Exhibit 2 - Letter to General Assembly - Support of H.B. 111
Exhibit 3 - Letter to Secretary Hayward - #1 Project - Dover Signalization
Exhibit 4 - Letter to Secretary Hayward - Community/City Participation - Development of Eden Hill Farm