REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 14, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Major Hirt, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present to speak during the Open Forum.
The invocation was given by Reverend Gloria Cherry, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #5-B, Emergency Electric Distribution Upgrades. Mr. Carey moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 23, 1998
The Minutes of the Regular Council Meeting of November 23, 1998 were unanimously approved by motion of Mr. Truitt, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
PRESENTATION BY COMCAST - DONATION TO DRFC FOR DOVER REGIONAL RECREATIONAL FACILITY
Mrs. Malone advised members that Mr. Brian Lynch of Comcast was unable to attend this evenings meeting due to an ill child. She requested that the Mayor and Mr. O’Connor, those members of the Dover Recreational Facilities Committee (DRFC) and Parks and Recreation Committee that were present, and Mr. Carter to come forward for the presentation. As requested by Mr. Lynch, Mrs. Malone read the following letter into the record:
“Dear Holly:
On behalf of Comcast, I am pleased to confirm our commitment to a total of $90,000 over the 1999-2001 period to support the development and construction of the City of Dover Recreational Complex.
Our contribution will occur as follows:
$30,000 in cash contributions over the three (3) year period in installments of $10,000 each year. Each installment will be remitted in the first quarter of each calendar year beginning in 1999.
$60,000 in promotional air time over the three (3) year period in $20,000 increments per year. Promotional air time can take the form of production time, commercial spot inventory or other such Comcast advertising vehicle mutually agreed upon by Comcast and the development committee.
This commitment is contingent upon the project moving forward and remaining viable through the three (3) year term. Due to the impressive level of commitment shown by your committee, I am confident that this dream will be realized.
We are truly excited by the prospect of playing a small part in a facility which we believe can have a true impact in the quality of life for current and future Dover area residents. I wish you the best in bringing this project to fruition and hope our contribution helps you realize your goal.
With best regards,
Brian A. Lynch
Vice President and General Manager
Comcast Cablevision of Delmarva, Inc.”
Mrs. Malone relayed appreciation for the support provided by members of Council, members of the Dover Recreational Facilities and Parks and Recreation Committees, City staff, and the citizens for the proposed Regional Community Sports and Recreational Center at Schutte Park.
On behalf of the DRFC, General Vetter relayed appreciation for Comcast taking the initiative in providing a contribution in this endeavor. He indicated that this contribution has provided members with encouragement to continue in their efforts.
Mayor Hutchison indicated that although a lot of work has already been done on this project, in order for it to come to fruition, a lot of work remains to be done. He stated that it will take the cooperative efforts of many and that a partnership must be developed in order for a project of this magnitude to come to fruition. He believes that this partnership has begun to develop and hopes that the contribution provided by Comcast will serve as an example for other organizations to follow.
Mr. Salters noted the amount of money it costs, per year, to keep a child in Ferris School and questioned how much it will take for us to keep a child out of Ferris School. He suggested that the City of Dover and surrounding communities consider their priorities and begin taking action now that could have a great, positive impact on the future of our Country.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF DELAWARE ROUTE #9 (BAYSIDE DRIVE) AND KITTS HUMMOCK ROAD
A public hearing was duly advertised for this time and place to consider rezoning of property located on the northeast corner of the intersection of Delaware Route #9 (Bayside Drive) and Kitts Hummock Road, owned by Charles H. West Farms, Inc.
Planner's Review
The present zoning of R-20 (One Family Residence) permits agricultural uses, single family detached dwellings on 20,000 square foot lots, and public buildings. Permitted conditionally would be planned senior housing developments, planned neighborhood design developments on 20 or more acres with single and multiple family dwellings and a gross density of 1.6 units per acres, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs. The property is presently used for agricultural purposes.
The proposed zoning of A (Agricultural) permits agricultural uses, non-commercial recreational uses, public utility rights-of-ways and structures, single family dwellings on one (1) acre lots when served by water and sewer, two and one-half (2½) acres without public sewer and water, and rural residential clusters on 50 or more acres of land with single family detached and attached dwellings with a density of .75 units per acres. Permitted conditionally would be Kennels and Stables. The proposed use of the property is for agricultural purposes.
Mr. DePrima advised members that the Planning Commission considered the requested rezoning during their meeting on November 16, 1998 and recommended approval. In taking this position, the Planning Commission considered the following points:
Surrounding Land Uses: To the north, east and south of this property are lands located in the unincorporated areas of Kent County that are zoned and used for Agriculture. To the west and across Route #9 are lands of Dover Air Force Base that are zoned R-20.
Comprehensive Plan: The Comprehensive Plan calls for the maintenance and promotion of land uses around Dover Air Force Base that would protect its mission. The rezoning of this land from R-20 to the more restrictive Agricultural zone supports this goal. The Plan does not specifically categorize this land because of its close association with Dover Air Force Base.
Other Considerations: The applicant is seeking this rezoning as a prerequisite for having the land placed in an Agricultural Preservation District by the Delaware Department of Agriculture. Keeping this land agriculture strongly supports our goal of not promoting development around Dover Air Force Base.
Since this proposal is consistent with the Comprehensive Plan and it is compatible with the surrounding land uses, staff recommended approval of the rezoning.
Mr. DePrima advised members that there were no public comments at the hearing. In addition, the applicant failed to appear. The Planning Commission requested that Council be advised that their recommendation was made without the benefit of being able to ask any questions of the applicant.
Responding to Mr. Truitt, Mr. DePrima indicated that the City’s Agricultural Zone is not an exclusive use for agricultural purposes and would allow residential development at a very low density. Although both the present and proposed zoning classifications allow residential use, the proposed Agricultural zoning classification would allow far less density in residential areas. He stated, however, that the main reason for the rezoning request is for the property to be placed in an Agricultural Preservation District, which would restrict it from residential use.
Correspondence
A letter was received from Lt. Col. Willie P. Dean, Base Civil Engineer of the Department of the Air Force, indicating the support of the Dover Air Force Base for the rezoning request. The proposed rezoning would be more consistent with the DAFB Air Installation Compatible Use Zone (AICUZ) plan, which discourages residential development within this area because of the high noise environment resulting from flying operations.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Stanley West, representing Charles H. West Farms, Inc., was present in support of the rezoning and offered to respond to any questions Council may have with regards to the rezoning request.
Council President Christiansen declared the hearing closed.
Mr. Weller moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mrs. Malone absent) Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of October 26, 1998.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF DELAWARE ROUTE 9 (BAYSIDE DRIVE) AND KITTS HUMMOCK ROAD, CONSISTING OF 142+/- 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 R-20 (Single Family Residence) to A (Agriculture).
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 R-20 to A on that property located at the northeast corner of the intersection of Delaware Route 9 (Bayside Drive) and Kitts Hummock Road, consisting of 142+/- acres, owned by Charles H. West.
ADOPTED: December 14, 1998
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 23, 1998 with Chairman Salters presiding.
Proposed Ordinance Amendments, Appendix C, Downtown Redevelopment
The Downtown Dover Development Corporation (DDDC) recently considered proposed ordinance amendments to Appendix C, Downtown Redevelopment, of the Dover Code. The proposed amendments are as follows:
Article III - Definitions, Section 2 - Eligibility Period
In November 1990, when City Council adopted the Downtown Redevelopment Ordinance, the “eligibility period” was defined as “the period between January 1, 1991 and December 31, 1994", thus creating a sunset on eligibility. In 1995, the ordinance was amended so that the eligibility period would be extended another four (4) years to December 31, 1998. The DDDC recommended that the eligibility period be extended an additional year to December 31, 1999.
The committee recommended approval of the proposed amendment, as recommended.
Mr. Salters moved for approved of the committee’s recommendation under consent agenda format, seconded by Mr. Leary and unanimously carried. (The First Reading of the proposed ordinance will take place during the latter part of the meeting).
Article III - Eligibility, Section 3, Subsection (c)
The City Assessor, Mr. Lucas, relayed concern that there is no submission deadline for applying for incentives. It is his feeling that if someone were to do a project and realize several years later that it would have qualified, they would be able to successfully petition for incentives.
To avoid the possibility of any misunderstandings, DDDC recommended that a new subsection be added to Section 3 of Article III that would require applications for development incentives to be received prior to the issuance of a Certificate of Occupancy and/or the completion and finalization of the building permit.
The committee recommended approval of the proposed amendment, as recommended.
Mr. Salters moved for approval of the committee’s recommendation under consent agenda format, seconded by Mr. Leary and unanimously carried. (The First Reading of the proposed ordinance will take place during the latter part of the meeting).
Dover Realty Transfer Tax Review
In August 1998, the City began collecting an increased realty transfer tax and exempting first-time home buyers. The increase was ½ of 1% of the sale value not qualifying for a first-time buyer exemption. The exemption was ¾ of 1% of the sale value for a first-time buyer.
The City Assessor, Mr. Lucas, provided members with details as a result of instituting the First-Time Buyer Exemption Program, which he feels indicates that the original concept of this program is not being realized. He noted several situations whereby the City has lost revenues due to the net exemptions being greater than the net realty transfer taxes. Mr. Lucas expressed concern that he has no means of verifying ownership outside of Kent County for applicants of the First-Time Home Buyer Program. He stated that he is able to verify previous ownership in Kent County and that if abuse is found, the information will be forwarded to the City Solicitor to formulate a recommendation for consideration by Council.
Mr. Lucas also relayed concern with the high property values of the applications being received from first-time home buyers. He explained that several of the exemptions have been for applicants purchasing homes in the amount of $100,000 to $200,000. He does not feel that this is the market that was targeted for assistance in purchasing a home. In an attempt to address these concerns, Mr. Lucas submitted the following suggestions:
2. Setting a dollar amount, above which the First-time Buyer Exemption would not be permitted.
3. Requiring mortgage companies to certify that, to the best of their knowledge, buyers have never held title to a residential property.
4. Consider inserting a penalty section specifying fines and/or legal actions to be enforced if ordinance violations occur.
5. Including a non-refundable section stipulating that after a realty transfer tax is paid, any subsequent first time buyer refund requests will not be honored.
6. Authorizing the City Assessor to create a City of Dover First-Time Buyers Exemption form which, after Council’s acceptance, the City will distribute to all real estate attorneys as the only form acceptable.
Mr. O’Connor recommended that the dollar amount, above which the First-time Buyer Exemption would not be permitted, be set at $80,000. Mr. Lucas stated that he was agreeable with that amount. Mr. Leary concurred that a dollar amount should be set and added that an effective date of February 1, 1999 should also be set. Mr. Carey stated that he did not believe the $80,000 amount would affect a large portion of the market. Mr. O’Connor stated that the majority of eligible home buyers would be those purchasing townhomes.
Referring to verification of the First-time Buyer status, Mr. Lucas stated that he would consult with the City Solicitor regarding the legality of checking prior applications for violations of the First-time status.
Mrs. Malone requested that the policy be reviewed on May 1, 1999.
The committee recommended that staff prepare a procedure and an ordinance amendment, as recommended by staff with the committee’s suggestions to be incorporated to be presented back to the committee for further review during their meeting on December 14, 1998 (it is noted that this item was removed from the committee’s agenda for December 14, 1998).
There was no further action taken by City Council.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 23, 1998 with Chairman Lambert presiding.
McKee 69Kv Breaker Replacement
Currently, McKee Run has two 69Kv system breakers which were installed in 1971 and 1972 as part of the Unit #3 installation. Subsequently, these breakers were discontinued. In order to prevent prolonged outages and to allow Unit #3 on-line with the support system, the breakers need to be replaced.
Staff recommended replacing the breakers with SF6 guy-type breakers, which are currently in use throughout the 69Kv system, as well as installing a third, dedicated generator, breaker to eliminate the possibility of the plant closing the system when outages are being repaired.
Although Wesco is the sole distributor in this area for SF6 type breakers, for the purpose of checking market prices, bids were sent to three (3) vendors. The details are as follows:
Vendor Cost
Rumsey Electric No Bid
United Electric Supply No Bid
Wesco $104,019 (for three breakers)
Pending Council approval, a purchase order will be issued December 15, 1998 and the manufacturer will ship the breakers on June 15, 1999. In-house crews will install the breakers, and the work will be completed by December 15, 1999.
Staff recommended awarding the bid to Wesco in the amount of $104,019 for three (3) SF6 guy-type breakers. Funding for this project is available in the 1998-99 Improvement and Extension budget through an internal transfer from the Kent Industrial Park upgrade.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to approve awarding the bid to Wesco, in the amount of $104,019, for three (3) SF6 guy-type breakers. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Malone absent).
Emergency Electric Distribution Upgrades
Staff advised members that Joseph R. Smith, Inc. was previously awarded the bid for directional boring at various locations in the City, based on the cost per foot for boring, which was capped at $20,000 (this bid, under $25,000, did not require approval from City Council).
As a result of a storm that occurred in June 1998, a number of areas on the distribution system experienced extensive damage. Due to the nature of the damage, the Engineering Division determined that it was necessary to replace a number of these distribution services. To increase reliability, it was decided to change the overhead lines to underground lines.
The upgrade work has begun in Mayfair, Crossgates, and Rodney Village. The total engineering estimate for boring is $300,000. Due to the number of outages and continuing problems caused by the storm damage in June 1998, internal approval to start the project was given by the City Manager. This item now requires formal approval by Council. The above estimate is for work which has already been done or will be done by December 31, 1998.
There are no funds appropriated for these projects in the Improvement and Extension Fund. The budget will be revised with funds from the beginning balance in the Improvement and Extension Fund through the second budget revision in January 1999.
Staff recommended raising the cap on the contract to Joseph R. Smith, Inc. for the Electric Distribution Upgrade Projects for an amount not to exceed $300,000. The hourly rates for personnel and equipment will be in accordance with the current approved bid for Joseph R. Smith, Inc. Staff also requested that the item be added to Council’s agenda for December 14, 1998.
The committee recommended raising the cap on the contract to Joseph R. Smith, Inc. from $20,000 to an amount not to exceed $300,000, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Malone absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
APPOINTMENTS - COUNCIL EMPLOYEES
Building Inspector
Mr. Salters moved to nominate Mr. Anthony DePrima to serve as Building Inspector, seconded by Mr. Leary. Mr. Leary moved that nominations be closed, seconded by Mr. Salters and unanimously carried. The motion was carried by a unanimous roll call vote (Mrs. Malone absent) and Mr. Anthony DePrima was appointed to serve as Building Inspector.
City Assessor
Mr. Salters moved to nominate Mr. L. Chapman Lucas to serve as City Assessor, seconded by Mr. Leary. Mr. Leary moved that nominations be closed, seconded by Mr. Salters and unanimously carried. The motion was carried by a unanimous roll call vote (Mrs. Malone absent) and Mr. L. Chapman Lucas was appointed to serve as City Assessor.
FIRST READING - PROPOSED ORDINANCE AMENDMENTS, APPENDIX C, DOWNTOWN REDEVELOPMENT
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen 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 January 11, 1999.
Mr. Salters moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
Article II - Definitions, Section 2 - Eligibility Period
Article III - Eligibility, Section 3, Subsection (c)
Members of Council extended Best Holiday Wishes to everyone.
Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:58 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 14, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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