REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 22, 1995, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, Mrs. Boaman 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.
Clay Hammond - 505 Troon Road
During the last Legislative and Finance Committee, a motion was made to table action on a petition requesting the renaming of Kirkwood Street to Martin Luther King Street. Mr. Hammond relayed his opinion that it was unfair of a committee member to table action on the matter without giving consideration to the request. He stated his opinion that the committee has an obligation to consider the wishes of their constituents. He reminded members of Council that throughout the country, the streets that have been designated as Martin Luther King streets or roads are not necessarily the best streets in the City. Mr. Hammond stated that Martin Luther King’s vision was of hope and what a community can be and he felt the request to rename Kirkwood Street was a valid request that should be considered by Council.
The invocation was given by Reverend Bernard S. Shuhayda, followed by the Pledge of Allegiance which was led by representatives of Mrs. Lambert’s third grade class from the Allen Frear Elementary School.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of agenda item #4F (Automated Meter Reading System) and #4G (Purchase of Land). Mrs. Malone moved for approval of the agenda, seconded by Mr. Lambert and unanimously carried.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 1, 1995
The Minutes of the Quarterly Open Town Meeting of May 1, 1995 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 8, 1995
The Minutes of the Regular Council Meeting of May 8, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON EASTERLY SIDE OF ACORN LANE - ACORN LANE APARTMENTS
A public hearing was duly advertised for this time and place to consider rezoning of property located on the easterly side of Acorn Lane, approximately 1,400+/- feet north of North Little Creek Road, containing approximately 7.5+/- acres, owned by Acorn Lane Apartments.
Planner’s Review
The City Planner relayed that the recommendation of the Planning Commission is for approval of the rezoning. In taking this position the Committee considered the following points:
Surrounding Land Uses: To the north of the site and along Acorn Lane are several single family homes that are in an unincorporated portion of Kent County and zoned RS (Residential Single Family). To the northeast and east are additional lands of Acorn Lane Apartments, Inc. that are zoned RG-2 (General Residence) which are not a part of this rezoning application. These lands are principally wooded or farmed. Beyond these lands are single family homes along Vondaway Drive and the Delaware State Route 1 (SR1). To the south are the single family homes in the Independence Village development that are zoned R-8 (Single Family). To the west and across Acorn Lane are single family homes in the County zoned RS and one home in the City zoned R-10. Also across Acorn Lane are lands of the Dover Park owned by the City of Dover.
The Comprehensive Plan recommends this area to be developed for Medium Density Residential Development (from three to eight Dwelling Units/Acre). This land seems to have been selected for medium density residential development because of its proximity to Dover Park and to serve as a transition between the low density single family homes to the south and the high density apartment zones (including the Dover Housing Authority) located to the northwest on White Oak Road. The existing RG-2 zoning is not conforming with the Comprehensive Plan in that it is considered to be a high density zone.
Housing Policy #2 within the text of the Comprehensive Plan states that the City should “encourage cluster and planned residential development based on specified design standards within each of the density classifications, but especially in conservation and resource protection areas”. The subject property has mature woodland which is a natural resource.
Other Considerations:
1. This parcel was a part of a large residential project that was once proposed and approved in the mid 1970's. The project included the Independence Village and a large apartment complex known as Acorn Lane Apartments, which included the subject land. The apartment complex project consisted of 173 acres and included 1376 dwelling units. The project was never constructed and the land was later bisected by SR1. It appears that this apartment complex is the origin of the existing RG-2 zoning which permits garden apartments.
2. Robino Brothers Inc. also intends to develop an additional adjacent 9 acres for garden apartments and duplex homes in accordance with the existing RG-2 zoning. The combined 16.5 acres that Robino Brothers Inc. intends to develop compromises the front 38% of this property. There have been no plans submitted regarding the rear 62% of the land.
In making its recommendation of approval, the Planning Commission felt that the proposal is consistent with the Comprehensive Plan land use designation and with moderate buffering along the south and west sides of the project would be compatible with most of the surrounding land uses. The change from RG-2 to RG-3 is effectively a down-zoning in that permitted multi-dwelling apartments and condominium style townhouses are exchanged for “fee simple” single family townhouses in which the town homeowners own the land that the townhouse is on. The density per unit lowers slightly from one (1) Dwelling Unit (D.U.)/per 1700 Sq. Ft. of lot area to one (1) D.U. per 1800 Sq. Ft. of lot area.
The City Planner pointed out that the weakness of this particular application is that it does not further the Housing Goal of encouraging unified cluster and planned development because the parcel is being spilt into two different zones, and the development of the remaining land is not contemplated or even projected. The City Planner feels that this application would be more desirable if all 43.7+/- acres were proposed and developed as one unified site. However, the Planning Commission felt that this proposal was more of a down-zoning of the 7.5 acres that is consistent with the Comprehensive Plan.
This recommendation was made after hearing the comments of surrounding landowners and residents. In general the residents were against any development of a density higher than that found in the neighboring Independence Village neighborhood.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. George Gardner, attorney representing the equitable owner (Robino Brothers, Inc.) addressed Council requesting approval of the rezoning request. Mr. Gardner explained that Robino Brothers, Inc. are under a contract of sale for approximately 18 acres of the parcel which consists of approximately 43 acres in total. Although they have an option to purchase additional land at a later date, they feel that has nothing to do with the current project. Therefore, although the Planner would favor rezoning of the entire parcel, it would be impossible since the owners have a contract of sale for only a portion of the land. Mr. Gardner stated that the equitable owners are seeking the rezoning to build townhouses rather than condominiums. Under the City’s zoning regulations, the current RG-2 zone permits apartments, but it does not permit the construction of townhouses unless they are dealt with as condominiums. Since financing is more readily available for townhouses than for condominiums, the developer wishes to market the project as townhouses.
Mr. Gardner reminded members of Council that the requested zoning classification is in compliance with the Comprehensive Plan and the existing zoning classification is not. He stated that the Planning Commission recommended approval of the rezoning based on the following:
1) it represents a down-zoning
2) it decreases the ability of the developer to develop this parcel to its maximum density
3) the current zoning classification does not conform with the Comprehensive Plan but the requested classification does
4) the requested zoning classification will eliminate as a permitted use, the ability to develop apartments on the 7.5 acre parcel
Mr. Gardner stated that the developers have attempted to work with the adjacent property owners and have resolved some of their problems. However, it is felt that the neighbors will only be happy if the property is kept as vacant open space. This is unrealistic and would be very unfair to the current owner. One concern the residents brought up is that the parcel is in the flight path of Dover Air Force Base. Mr. Gardner stated that the parcel is not in an aircraft accident zone and is not in a primary or secondary noise zone.
Asked by Mr. Tudor what hardship would be created if the rezoning is denied, Mr. Gardner stated that equitable owners have expended time and money into the project which would be lost if the project cannot move forward.
Mrs. Sandy Yates of 1413 S. Hancock Drive, representing the residents of Independence Village, spoke in opposition of the rezoning request. A petition in opposition has been submitted from the residents to the City of Dover. The residents request that the rezoning be denied. They understand that rezoning from RG-2 to RG-3 would reduce the density on paper. However, they believe that the rezoning would provide the funding necessary to increase the development onto the adjacent 11.5 acres. In effect, the reduced density of the land is simply a smoke screen since the developer has an option to purchase the remaining land and plans to develop it. Their concerns are:
1) Traffic congestion on an unaccommodating road structure
2) The DAFB flight path
3) The increased need for fire department services, ending in a possible tax increase for all City residents
4) The City’s limited resources; specifically, water and sewage.
Referring to traffic congestion, Mrs. Yates stated that there have been at least three vehicular accidents at the intersection of White Oak Road and Acorn Lane since completion of the overpass. Because there are no walkways or sidewalks on these roads, pedestrians will encounter increased safety hazards as vehicular traffic increases. Both Baytree and Acorn Farms are currently incomplete and as those developments become complete, the traffic and population will increase further. The residents question the wisdom of increasing the residential population density in the flight path of DAFB. Should a crash occur, tragedy would be inevitable. They believe the increase in vehicular traffic, density in the DAFB flight path, the need for fire department services and the taxation on the City’s resources would not be in the best interest of the City of Dover. Mrs. Yates stated that the current zoning of RG-2 was established in 1972 and that the Comprehensive Plan does not particularly reflect a current recommended use for this area since many changes have taken place over the past 23 years. She recommended that no development be permitted until such time as the Comprehensive Plan is updated and the houses in Baytree and Acorn Farms are complete so that their effect can be determined. The residents have grave concern with the future use of the remaining land and its effect on their homes and their quality of life, especially since the developer only wishes to down zone this small parcel of land and not the entire parcel.
Mr. Vincent Partrich of 1403 S. Hancock Drive urged Council to vote in opposition to the proposed rezoning because of the already existing high density properties located within one mile of the site (Baytree and Acron Farms) and other high density proposals in the general area (John Hunn Brown and the mobile home park). Acorn Lane, immediately adjacent to the proposed site, is all single family residential homes and Mr. Partrich stated that to allow townhouses and eventually apartments and duplexes would erode the value of the existing homes and increase traffic on a very narrow road that is already dangerously busy. Also, the development would take away a natural resource (mature woodland) which exists on the proposed site and acts as a buffer to the noise created by the by-pass. When staff is preparing the updated Comprehensive Plan, Mr. Partrich recommended that the entire tract be zoned for single family residential use.
Council President Christiansen declared the hearing closed.
Mr. Lucas reported that a petition containing names of those property owners permitted to protest a rezoning under the provisions of 22 Delaware Code Section 305 was submitted to the City Clerk and the percentage of the total area protesting was 72.7%. Since more than 20% of the permitted area protested, the rezoning amendment shall become effective with a three-fourths vote (seven) of the legislative body of the municipality.
Mr. Tudor moved to deny the rezoning request. The motion was seconded by Mrs. Malone and by a roll call vote of six (6) yes, three (3) no (Mr. Leary, Mr. Pitts and Mr. Hare), Council denied the request for rezoning.
Since the recommendation of the Planning Commission was not approved by Council, Council President Christiansen requested that those voting in favor of the motion state, for the record, their reason for denying the request.
Mr. Lambert - stated that he voted to deny the rezoning request based upon the fact that the Comprehensive Plan is outdated and is currently being updated. The Planning Commission recommended approval based upon the fact that requested rezoning was in compliance with the Comprehensive Plan but the presumption is that the Comprehensive Plan is correct. The reason the Plan is being updated is because it is felt that the zoning classifications are out of date and are no longer correct. It is his personal feeling that the area in question would be better suited as single family residential. He felt it improper to make a decision to rezone the parcel until the Comprehensive Plan is updated or until the Planner is prepared to make a recommendation based upon updated information for the Comprehensive Plan.
Mr. Tudor - stated that he voted to deny the rezoning request based upon his personal observation of the massive growth on the east side of Dover and our inability to keep up with the growth properly. He stated that many of the streets on the east side of Dover are very old and narrow with many being only 24' wide, with no shoulders or sidewalks. He stated that the traffic concerns must be addressed before additional development is permitted. He felt that the potential hazard stemming from the traffic concerns mandate that Council approve no rezonings that could increase the dangers without first addressing a solution.
Mrs. Malone - stated that she voted to deny the rezoning based upon the two issues already addressed by Mr. Lambert and Mr. Tudor. She also voted for denial since the parcel was being rezoned in a piecemeal fashion and because she felt that it is unfair to the residents already living in the area to leave the matter of zoning and ultimate development of the remaining land unresolved. Mrs. Malone felt that Council should not rezone large parcels of land until the updated Comprehensive Plan is available to lend its guidance.
Mr. Fenimore - stated that he voted to deny the rezoning based upon the issues already relayed by Mr. Lambert, Mr. Tudor and Mrs. Malone. He stated that his objections to the rezoning include concerns of the City having an outdated Comprehensive Plan and the traffic congestion and possible safety issues. Mr. Fenimore stated his feeling that a traffic impact study should be required, taking into consideration the possible development of the remaining portions of the parcel and the completion of other developments in the area. He also felt that possible detrimental effect to the City's infrastructure due to increased development is a valid concern and must be addressed by the City before further development is permitted to take place.
Mr. Salters - stated that he voted to deny the rezoning based upon the issues already relayed by other members of Council as well as the adverse effect the development would have on the quality of life of those already living in the area. He strongly objected to rezoning only a portion of the property when development of the remaining land could have a major impact on this decision.
He felt that Council should wait until the updated Comprehensive Plan is completed before making zoning decisions on large parcels of land.
Mr. Christiansen - stated that he voted to deny the rezoning based upon the issues already relayed by other members of Council and because he feels that Council has an obligation and responsibility, not only to those already living in the area, but to those that will move into the new development, to provide a safe and properly planned place to live. He felt that available infrastructure, traffic congestion and safety concerns must be addressed before Council can add to the problem by approving additional rezoning requests.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on May 9, 1995 with Chairman Pitts presiding.
A presentation was made to the committee by Public Electric & Gas Company (PSE&G), proposing the construction of a fish ladder at the Silver Lake Spillway to the St. Jones River. As a part of their Estuary Enhancement Program they will enhance, preserve and restore approximately 21,000 acres of land in Delaware and New Jersey. They plan to install five fish passageways within the Delaware estuary. One of the proposed sites is the Silver Lake Spillway. It was explained that Herring migrate into the lake area in the spring, they spawn, and the adults migrate back to the ocean areas. The eggs, larvae and juveniles will grow over the summer and will then migrate back to the ocean. The fish passageways (ladders) cause a turbulence which attracts the fish. They will swim along the passageway which has resting pools along the way. Ultimately, the fish will end up in the lake. The program is monitored by DNREC. PSE&G will also repair the rip rap in an area that is now experiencing erosion. PSE&G requests that the City Manager be authorized to sign an agreement between the City of Dover and PSE&G which authorizes the installation of the fish ladders. There is no cost to the City of Dover. A fee of $25,000 will be paid to the City for the use of the dam which will go towards overhead.
The committee recommended that the Mayor be authorized to sign the Agreement as proposed by PSE&G and that the City move forward with the project.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on May 9, 1995 with Chairman Salters presiding.
Banking Proposals
The Finance Director informed members that the City invited proposals for banking services from local banks. The proposal is for one year with a two-year option. Seven proposals were mailed to banks in Dover and three were returned. Mr. Karia, Finance Director, explained the process of the proposal, stating that all figures for comparison purposes are on a uniform basis so that all banks are using the same numbers in their proposal. For example, income from sweep accounts, based on a uniform average balance of $5 million in our account is utilized for the banks to calculate the net income to the City. Cost of services, based on each bank's proforma account analysis is determined and subtracted from the proposed income. The result is the net income to the City. The net income to the City under the above formula was $14,932 from Wilmington Trust, $14,849 from Delaware Trust and $12,522 from PNC.
Based on the above, the Finance Director recommended that Wilmington Trust Company be chosen as the official custodian and banking institution for the City of Dover, for a one year contract, with the City's option to renew the contract for two years.
The committee recommended approval of a Resolution that authorizes that Wilmington Trust Company be selected as the primary banking institution/depository for the City of Dover for the period of one (1) year, beginning July 1, 1995, with an option to renew the arrangement for an additional two (2) years at the City's desire.
Mr. Clay Hammond, President of the New Century Community Development Corporation, asked if the City, when analyzing the banking institutions, took into consideration their CRA rating (Community Reinvestment Act). The rating depicts a bank's lending activity to low income communities and purposes. Mr. Hammond stated that although federal regulations have specific guidelines that banks must follow, the City could make the banking institutions aware that the City will look at CRA ratings and will take the rating into consideration when making a selection for our banking services. (It is noted that a subsequent memorandum from Mr. Karia revealed that all three banking institutions were rated as Outstanding in overall CRA rating categories.)
By motion of Mr. Salters, seconded by Mr. Leary, Council accepted the committee's recommendation and adopted the following resolution by a unanimous roll call vote:
WHEREAS, the Wilmington Trust Company is authorized to transact all banking activities for the City of Dover, which includes checks, drafts, certificates of deposits, collection of deposited checks, inter-account transfers, direct payroll deposits, wire transfers, and all other banking transactions; and
WHEREAS, this authorization extends to all types of accounts including but not limited to checking, interest checking, money market, savings and sweep arrangements; and
WHEREAS, the Treasurer and Assistant Treasurers of the City of Dover are authorized to transact all such banking transactions and the Treasurer and Assistant Treasurers are authorized to sign the forms and other documents related to all banking transactions, with a provision that the Treasurer may authorize appropriate personnel for certain transactions; and
WHEREAS, the Wilmington Trust Company is hereby further authorized to execute wire transfers initiated by the above authorized personnel, and that the Wilmington Trust Company is also authorized to accept computer and machine signatures of the authorized personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL that the Wilmington Trust Company is approved as the City of Dover's primary depository and banking institution for a one year period beginning July 1, 1995, with a provision for renewal for two additional years at the option of the City of Dover, at the same fee schedules which are submitted by Wilmington Trust Company as per their proposal dated April 6, 1995.
BE IT FURTHER RESOLVED that the PNC Bank, Delaware Trust Company and Mellon Banks are accepted as depositories and banking institutions for the City of Dover for the accounts that may be opened by the Treasurer.
Adopted: May 22, 1995
Authorization to Open Account
The City Investment Policy allows investments in Certificates of Deposits and the City invests up to $100,000 in CD's or money market accounts with banks insured by the F.D.I.C. When opening these certificate accounts, some banks require an authorizing resolution for their records. In order to save time and paperwork, the Finance Director, Mr. Karia, requested that a general resolution be adopted for submission to various banking institutions when needed. This will eliminate the need for Council to adopt a resolution for each specific bank and will give the Finance Director the latitude of investing funds in the most advantageous accounts within a short period of time.
The committee recommended adoption of the general banking Resolution as requested by the Finance Director.
Mr. Salters moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000 per banking institution; and
WHEREAS, the banking institution requires an Authorizing Resolution for the opening of an account.
THEREFORE, BE IT RESOLVED that the Treasurer and Assistant Treasurers are hereby authorized to open the account, not to exceed $100,000 per banking institution, and that they are authorized to sign the related forms and papers; and
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature.
Adopted: May 22, 1995
Health Inspection Program
Mr. DePrima investigated the feasibility of transferring our Public Eating Establishment inspections to the State Division of Public Health which operates the same public inspections in all other communities in Delaware and which has oversight authority of the City program. During previous discussions, members of Council had expressed specific concerns that they wanted addressed. Mr. DePrima stated that all of those concerns have been addressed, as well as other issues brought to the table by himself and the Division of Public Health, which are addressed in the proposed Memorandum of Understanding. If approved by Council, the Memorandum of Understanding would become effective July 1, 1995. Mr. Richard Stiman, Chief of Health Systems Protection, was present to answer any questions on the proposal. After careful review of the proposal, Mr. DePrima recommended that the City transfer the program, based upon the following:
1. After discussion with State officials, it was felt that they can take on the program and are best able to handle its future growth and the increasing complexity of doing public health inspections.
2. Over the past few years as restaurants increased, along with other demands of the office, the City had to decrease the frequency of inspections to cover the added work. This trend would either continue or additional staff would be required.
3. This year the Inspections/Planning Department eliminated the Supervising Inspector, Planning Technician, and part-time Inspector Aid positions and added only an Inspector I. Based on observations over the past few months, it is felt that we cannot maintain this reduced staffing level and carry the burden of a growing health inspection program.
Mr. DePrima is confident that the State and the City can work in concert to make this proposal successful. He stated that this is a good example of a duplication of services; the State provides this service and our taxes pay for the service. The State’s program has gone though significant changes in the past few years and Mr. DePrima stated that he is comfortable that the City’s level of service will be maintained by the State. He reminded Council that the City is under the supervision of the State and that our Inspector is standardized by the State.
The State will maintain the City’s practice of performing two inspections per year. Mr. Stiman informed the committee that the manner in which inspections are performed is changing in that they are also focusing on the quality of food and food preparation. He stated that the State issues the license free of charge. However, they charge $50 per re-inspection, should re-inspections be required. The City charges a fee, which would result in a revenue loss to the City. However, the revenue is less than the costs associated with running the program.
Council President Christiansen voiced objections to the proposal. He stated that the City originally established its own health inspections program so that we could respond to local complaints and maintain local control. He stated that over the last few years, the City has relinquished control over its paramedics and vehicle maintenance department and are in the middle of relinquishing our senior surrey program. Once these programs are transferred, the City of Dover loses all control and has very little involvement if problems occur.
Rehertha Carmona of 120-7 Haman Drive suggested that the State require TB testing for all employees that work around food. She stated that it was a condition of employment in her former residence in New York.
The committee recommended approval of the Memorandum of Understanding between the City of Dover and the State Division of Public Health as presented by staff.
Mr. Christiansen reiterated concerns with the proposal, stating his feeling that local control is very important to the success of the program. He reminded members of Council that the voice of the City is often ignored by the State when requesting action on traffic concerns within the City and he fears that the same situation will occur if control is relinquished on the restaurant inspection program.
Mr. Leary reminded Council that the Memorandum of Understanding clearly states that at any time, at the discretion of the City, the City may take the restaurant inspection program back under the control of the City of Dover.
Mr. Salters moved for approval of the committee’s recommendation to approve the Memorandum of Understanding between the City of Dover and the State Division of Public Health. The motion was seconded by Mr. Hare and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Proposed Use of CDBG Funds - 1995/96
Committee members were presented with a proposed resolution for the approval of the Community Development Block Grant Consolidated Plan which includes the City's request for its $316,000 Community Development Block Grant (CDBG) Entitlement. Contained in the Consolidated Plan is the proposed use for the funds, along with certain required policy statements and certifications. The Consolidated Plan is very similar to the Comprehensive Housing Assessment Strategy (CHAS) which City Council approved last year. In developing the proposed allocations, staff considered the comments from several groups and from two public hearings. The proposed funding is as follows: (It is noted that the figures are estimates and that the projects can be amended.)
Housing Rehabilitation
Forgivable grants to owner/occupied or rental rehabilitation for non-profits.
Total Funding .................... $81,500
Peoples Place II
Second phase of renovations for two units of Transitional Housing for Homeless Families located at 221 W. Division Street.
Total Funding .................... $23,341
Bayard Hotel
The proposed renovations will include 10 apartments on the second and third floors of the hotel to house the elderly with efficiency style sleeping and kitchen area.
Total Funding .................... $150,000
CDBG Program Administration
General administration of the CDBG Program including payment of indirect costs incurred by the City.
Total Funding ................... $60,000
Referring to the proposed $150,000 for the Bayard Hotel, Mr. DePrima explained to committee members that in the event that the elderly housing project does not come to fruition, the proposal can be amended and the money can be redirected.
Mr. Clay Hammond informed the committee that CDBG funds can now be used in many other ways. Prior to the City of Dover becoming its own entitlement, the State Housing Authority controlled the funds and all funds were used for housing rehabilitation. Although housing is important, Mr. Hammond stated that there are many other issues that need to be addressed, such as employment, quality of life, recreation, etc. Mr. Hammond suggested that Council create a Citizens Advisory Board specifically to address the CDBG program, to be composed of persons that live or work in the CDBG target area, and to look at innovative ways to utilize the funds.
Mr. Hare stated his opinion that there are better used for the $150,000 targeted for the Bayard Hotel that what staff has proposed. Mr. DePrima explained that the funds are not targeted to development of the Bayard Hotel, but rather are targeted for the creation of 10 assisted living housing units for the elderly which could be at the Bayard Hotel site. He stated that the facility is proposed to work in tandem with Queens Manor where some of their residents should not be living in independent apartments but do not necessarily need to be in nursing homes. The concept of the 10 units would be a project for “assisted senior living” quarters. Mr. DePrima stated that the 65 and above population is the fastest growing segment of the population and is an area that we must pay more attention to from a planning standpoint.
In the event that the Bayard Hotel Project should fall through, Mr. Fenimore asked if there are other assisted senior housing projects that would qualify for the funds. Mr. DePrima stated that at the current time there are no other assisted senior living projects. Should the funds need to be redirected, they would try to find a high priority project that would qualify.
The committee recommended adoption of the approving Resolution as recommended by staff.
Mr. DePrima noted that the Bayard Hotel has been purchased by a private developer and will not be developed by the Housing Authority. He clarified that the $150,000 that was targeted for senior assisting living at the Bayard Hotel will be directed to other senior assisted living projects. In the event that no such project exists, the matter will be brought back to Council for approval to target the money in another direction.
Mr. Salters moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and by a unanimous roll call vote, the following Resolution was approved:
WHEREAS, the City of Dover is entitled to $316,000 through the United States Department of Housing and Urban Development's Community Development Block Grant program; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for community development purposes in accordance with the National Community Development objectives of benefiting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover to submit a Consolidated Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $316,000 entitlement; and
WHEREAS, the City of Dover has prepared the attached Application for Federal Assistance, and presented it at an advertised public hearing held on April 20, 1995.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER approve the application for Federal Assistance included in the Consolidated Plan along with certifications, and policies attached and authorize its forwarding to the United States Department of Urban Development for consideration.
Adopted: May 22, 1995
Request by Petition to Change Street Name - Kirkwood Street
A petition was received requesting that the City change the name of Kirkwood Street to Dr. Martin Luther King Street (or Avenue). The committee tabled action on the matter. Council to no action.
The following items were addressed by the Committee on May 22, 1995:
Automated Meter Reading System
The proposal for an automated meter reading system was approved in the 1994/95 budget and is part of a plan to efficiently read the water and electric meters at the same time and to bill customers for both utilities on one bill. The new system would allow the City to bill a customer the day following the utility reading. Four responses were received from vendors. One vendor was eliminated because their system was prohibitively priced. Bids were received from NCC/Itron for a total five year cost of $37,996; from Datamatic for a total five year cost of $35,271.94; and from WaterPro/Sensus for a total five year cost of $30,613.87.
Although WaterPro/Sensus was the lowest priced bid, they were eliminated because their technology and products are more compatible with water meters than electric meters. NCC/Itron was selected as the system best fitting the needs of the City of Dover. Although they did not submit the lowest bid, non-quantitative issues entered into the decision. NCC/Itron have the stability of 25 years of experience and have provided service to more than 1,00 gas, electric, and water utilities throughout the world, including Delaware Electric Cooperative in Greenwood, Delaware and Milford, Delaware.
The committee recommended the selection of NCC/Iton to provide the Automated Meter Reading System for the City of Dover at a cost of $37,996 for five years.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Purchase of Land - Property on Hazletteville Road
A proposal was considered to purchase land on Hazletteville Road, owned by Delmarva Power and Light, to facilitate the development of a new electric substation. Mr. O'Connor explained that the location is ideal since it would have the least cost to the City for an additional interconnection with DP&L. The new interconnection would provide additional reliability and system security and would provide us with additional future capacity to serve the area. The parcel consists of slightly over one acre of land and can be purchased at a negotiated price of $24,900. This price was based upon estimates from our Assessor and negotiations between the two parties.
The committee recommended authorization of the purchase of the land as described above at a cost of $24,900.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Hare and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 9, 1995 with Chairman Lambert presiding.
Dedication of Streets - Fox Hall West
During the last Utility Committee meeting, discussion took place on the possible dedication of the remaining undedicated portions of Pebble Valley Drive and Sweetgum Drive. Councilwoman Malone had requested that action be taken to ensure the dedication so that school buses could board and discharge children from within the development rather than from the heavily used Kenton Road. The committee referred the matter to the Safety Advisory Committee.
Mr. Hare, Chairman of the Safety Advisory Committee, reported that the developer, Mr. Tony Ashburn, has submitted a letter saying that the streets will be paved and ready for dedication by August 1995. This will facilitate the Capital School District to make plans for their September bus schedules.
The committee recommended that the Council President be authorized to write a letter to the Department of Public Instruction requesting that the necessary action be taken to provide bus service from within the Fox Hall West development for the 1995/96 school year and a letter of appreciation to Mr. Tony Ashburn.
No further action was necessary by Council.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
COMMITTEE APPOINTMENTS - MAYOR HUTCHISON
Mayor Hutchison offered the following Committee appointments for Council's confirmation:
Awards Committee
Willie G. Adams
Forthcoming
Forthcoming
Election Board
Third District
Jack Fisher (5/98)
Fourth District
Beulah Gray (5/98)
Dover Public Library Advisory Commission
Robin R. Christiansen (Council Liaison Member)
Downtown Dover Development Corporation
Councilman Reuben Salters
Councilman Robert Lambert
Councilman Philip R. Fenimore
James O’Connor (staff)
Anthony DePrima (staff)
Silver Lake Commission
Michael J. Malkiewicz
John Armistead
Edward J. Bennett
Robert Gorkin
John Stith
Sherman L. Townsend
Don S. Knox (staff)
Mr. Leary moved for approval of the Mayor’s appointment, seconded by Mrs. Malone and unanimously carried.
COMMITTEE