REGULAR COUNCIL MEETING



The Regular Council Meeting was held on September 14, 2009 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.


Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.


OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.


Mr. Mark Lloyd, 1159 S. DuPont Highway, addressed members regarding the annual income and expense report requirements letter he and his wife recently received. It was his feeling that the required information would be difficult to gather in the time allotted and, although the City has indicated that the information would remain confidential, he noted the possibility of the information being left on an employee’s desk for anyone to see and become “water cooler” conversation. It was his feeling that this information is a red tape nightmare for both the property owners and employees having to keep track of the information.


Responding, Council President Williams suggested that Mr. Lloyd meet with the City Assessor for clarification, explaining that there was an error in the original letter that was sent out and that a revised letter has since been sent to property owners.


The invocation was given by Councilman Ruane, followed by the Pledge of Allegiance.


AGENDA ADDITIONS/DELETIONS

Mr. McGiffin moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.


Mrs. Russell requested that item #7D, City Manager’s Report, be removed from the consent agenda.


Mr. Slavin moved for approval of the consent agenda as amended, seconded by Mr. McGiffin and carried by a unanimous roll call vote.


ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 24, 2009

The Minutes of the Regular Council Meeting of August 24, 2009 were unanimously approved by motion of Mr. Slavin, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.




PROCLAMATION - NATIONAL ASSISTED LIVING WEEK

The City Clerk read the following Proclamation into the record:


WHEREAS, the number of elderly and disabled Americans is dramatically increasing; and


WHEREAS, assisted living is a long-term care service that fosters independence and autonomy in our elderly throughout the community; and


WHEREAS, The National Center for Assisted Living and Assisted Living at Westminster Village proudly sponsor National Assisted Living Week; and


WHEREAS, National Assisted Living Week highlights knowledge as a form of creative expression and recognizes that our seniors have mastered living in its broadest sense; and


WHEREAS, all citizens should visit friends and loved ones who reside at these facilities and learn more about assisted living services and how they benefit our seniors.


NOW, THEREFORE I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, proclaim the week of September 13-19, 2009, as NATIONAL ASSISTED LIVING WEEK.


PROCLAMATION - CONSTITUTION WEEK

The City Clerk read the following Proclamation into the record:


WHEREAS, September 17th, 2009 marks the two hundred and twenty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and


WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and


WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion and where Delawareans should recognize the importance particularly since it was first ratified by the State of Delaware; and


WHEREAS, public law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through the 23rd as Constitution Week.


NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim September 17th through the 23rd, 2009 to be CONSTITUTION WEEK in the City of Dover, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787.




PUBLIC HEARING/FINAL READING - ORDINANCE #2009-12 - PROPOSED ZONING TEXT AMENDMENTS

A public hearing was duly advertised for this time and place to consider approval of proposed land and zoning text amendments that propose to amend the parking regulations based on current parking

needs by adjusting the parking requirements for several uses, increases the allowance for cash-in-

lieu of parking in the downtown area, and adds a requirement for bicycle parking. Members were reminded that this ordinance was tabled by the Planning Commission and that the Public Hearing was rescheduled for this evening.


Mr. Hogan moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of these ordinances was accomplished during the Council Meeting of June 22, 2009).


Mrs. Townshend, Director of Planning and Community Development, reviewed the petition to amend zoning ordinance text and advised members that the Planning Commission recommended approval of the proposed amendments, including Staff Amendments 1, 3, 4, and 5; however, the Planning Commission recommended denial of Staff Amendment 2.


Responding to Mr. Ruane, Mrs. Townshend explained that Staff Amendment 2 would have changed the formula for calculating cash-in-lieu, which was drafted based on a meeting with the Chair of the Parking Committee of the Downtown Dover Partnership that took place before the Planning Commission public hearing. After meeting with the Partnership Board, it was determined that the amendment was not appropriate at this time and, therefore, was not necessary.


Council President Williams declared the hearing open.


There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.


Mr. Hogan moved for approval of the proposed amendments, including Staff Amendments 1, 3, 4, and 5, as recommended by the Planning Commission. The motion was seconded by Mr. McGiffin and, by a unanimous roll call vote, Council adopted the following ordinance:


BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:


That Appendix B – Zoning, Article 3 – District Regulations, Section 1 - One-Family Residence Zones, Subsection 1.15 - Accessory uses, limited to the following, Paragraph (f), be amended to read as follows:

 

(f)Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be considered one dwelling unit. Parking shall be calculated as identified in Article 6 - Off-Street Parking, Section 3 - Required off-street parking spaces, Paragraph 3.1 - Schedule of requirements.


BE IT FURTHER ORDAINED:


That Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 – Required Off-Street Parking Spaces, be amended to read as follows:

 

3.1   Schedule of requirements.  Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in article 4, zone bulk and parking regulations, or as specified below for each use in any zone, whichever is greater.


Table Inset:


For:   

At Least One Parking Space For Each   

Places of worship

Two hundred (200) square feet of floor area, but not less than one (1) space for each four (4) seats, where provided   

Libraries

Three hundred (300) square feet of floor area

Medical Offices –all types

Three hundred (300) square feet of floor area

Nursery school or kindergarten   

Adult attendant, plus one for every 20 children   

Elementary or junior high school

Eight (8) seats in main auditorium/cafeteria or gymnasium

High school, technical school, college or university

Five (5) seats in main auditorium/cafeteria or gymnasium; if none, see Article 4 - Zoning, Bulk and Parking Regulations

Hospitals or sanitariums    

Three beds

Apartments

Two (2) per dwelling unit and one (1) for every 200 square feet of office space and 0.25 per dwelling unit for visitor space

Rooming houses    

Guestroom   

Dormitories

Three (3) beds 

Eating and drinking places   

Four (4) seats plus one (1) for every three (3) bar seats  

Funeral homes

Two (2) employees, plus five (5) spaces for each chapel  

Hotels and motels   

Guestroom, plus one (1) for every 200 square feet of office space, banquet hall, or meeting areas

Athletic fields, baseball, football or boxing stadiums and arenas; race tracks   

Three (3) seats   

Golf courses 

Per employee and four (4) parking spaces for each hole 

Golf or baseball driving range   

One-half (½) stall   

Airports   

Per employee and for each two (2) airplanes in storage   

3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3.

3.3 Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In all cases, such parking spaces shall conform to the regulations of the district in which they are accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either:

                        (a)       Throughout the existence of such use to which they are accessory; or

                        (b)       Until such spaces are provided elsewhere.

 

3.4Size of spaces.  The minimum parking space dimensions shall be at least nine (9) feet in width and at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 

 

3.5Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at least ten (10) feet of width so that one-way drives have at least ten (10) feet of width and that two directional drives have two lanes of ten (10) feet each. Unless otherwise specified within this section, access shall be provided by at least one (1) two-directional drive lane or two (2) one-directional drive lanes.

 

            3.6       Drainage and surfacing.

 

(a)All open permanent parking areas and access drives shall be properly drained and all such areas shall be provided with paved asphalt, concrete or other hard, paved, dust–free surface.

 

(b)All permanent parking areas shall be enclosed with upright concrete curbing at least six inches in height. The Planning Commission may relax this requirement for a portion of a parking area when there is a demonstrated need to convey stormwater to a proposed or approved stormwater management area. Curbing shall not be required for loading areas, handicapped access and for parking spaces accessory to a one-family or two-family residence (see also article 6, section 5.3).

 

3.7Joint Facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve, jointly, two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

 

3.8Combined spaces.  When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the planning commission may reduce the total parking spaces required for that use with the least requirement.

 

(a)Campus Parking Plan - When a new building or building addition is made to a campus involving multiple buildings under common ownership where one or more of the uses will be generating demand for parking when the other use or uses are not in operation, the applicant shall present a campus parking plan as a part of the site development plan that includes an analysis of the parking needs based on the provisions of section 3.8 of this article.

 

3.9Adjustments to parking requirements.  The planning commission may reduce, in an amount not to exceed 50 percent (except as stated in Section 3.9d(1)), the number of parking spaces required when, in the opinion of the commission, it has been demonstrated that the use is adequately served by transportation and parking alternatives, including but not limited to: 

 

(a)Site plan proposals within the downtown redevelopment target area, as described in appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the amount of off-street parking normally required, due to the availability of mass transit, municipal parking and existing pedestrian amenities.

 

(b)Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities, in accordance with the following schedule:

 

(1)Each carpool space shall be equivalent to three (3) standard parking spaces.

 

(2)Each vanpool space shall be equivalent to five (5) standard parking spaces.

 

(3)Every group of five (5) bicycle parking spaces shall be equivalent to one (1) standard parking space.

 

(c)Employer participation in a traffic mitigation plan approved by the Delaware Department of Transportation.

 

(d)Cash-in-lieu of parking contributions toward the capital construction or improvement of municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be in a monetary amount equivalent to the estimated cost of construction for the number of standard surface parking spaces for which the reduction is sought. To take advantage of this option, the developer shall submit to the city engineer a cost estimate for the parking requested to be waived. The city engineer shall examine the estimate for accuracy in current prevailing costs of construction at the time of proposal and shall report to the planning commission his/her findings.

 

(e)Proposals involving superior urban design which contribute to an enhanced pedestrian environment and which include such features as pedestrian plazas and pocket-parks, pedestrian-way connections with existing sidewalk systems and community facilities, park benches and other street furniture, mass transit connections and shelters, and landscaping and shade tree plantings.

 

In all areas, except the downtown redevelopment target area, the development plans shall have an area of open space designated where parking could be constructed equal to the number being reduced and the plan shall bear a note which explains that the petitioner, in accepting a parking reduction, agrees to construct such additional parking as is otherwise required under the provisions of the zoning ordinance [this appendix], if the planning commission, after a hearing, determines that the reasons for granting said reduction no longer exist. In all such instances where the planning commission determines that the reasons for granting a reduction no longer exist, the owner of record for the subject property for which a reduction was previously granted must construct the parking required to meet the regulations of the city during the next construction season.

 

3.10Bicycle Parking. Bicycle parking shall be provided for parking spaces at a rate of one (1) bicycle parking space for every twenty (20) parking spaces or a fraction thereof.

 

3.11 Maximum number of parking spaces. The maximum number of parking spaces shall not exceed 25% over the number of parking spaces required by the code.

 

ADOPTED:    SEPTEMBER 14, 2009

 

UTILITY COMMITTEE REPORT - AUGUST 24, 2009

The Utility Committee met on August 24, 2009 with Chairman Ruane presiding.

 

Update on Federal Energy Stimulus Funds (Tabled by Committee on 8/10/09)

Due to the lack of information on the subject, this item was left on the table.

 

Revised Net Energy Metering Tariff

During their meeting of November 13, 2006, members recommended the acceptance of the Green Energy Program Net Metering Tariff. Mr. Ron Lunt, Public Utilities Director, advised members that on July 9, 2009, the 145th General Assembly approved amendments to the network energy metering standards, Delaware Code - Title 26, Chapter 10, § 1014. He stated that the purpose of the amendment is to encourage private investment in customer-owned renewable energy generation facilities. Mr. Lunt explained that the amendments required staff to modify the Net Energy Metering Tariff and reviewed a summary of the proposed changes as follows: (1) Include the 100 kW system maximums for installation; and (2) Direct customer payment for excess kWh delivered to Dover. Mr. Lunt stated that previously, if a consumer produced more kWh than were used, excess kWh credits were transferred to the Green Energy Fund; however, under the new legislation, excess kWh produced by a system will be credited to the consumer who produced the kWh. Mr. Lunt assured members that the proposed changes will bring the City of Dover into compliance with the Delaware Code.

 

In response to Mr. Hogan, it was Mr. Lunt’s feeling that the adjustment was made to encourage consumers to install systems larger than required to meet their needs.

 

Responding to Maj. Kosior, Mr. Lunt indicated that average residential consumption is approximately 1,000 kWh per month, and farm consumption varies according to the size of the farm.

 

In response to Mr. Ruane, Mr. Lunt stated that Dover currently has approximately 11 photovoltaic systems in place.

 

Responding to Mr. DePrima, Mr. Lunt indicated that he was unaware of any systems that are currently producing more energy than they are consuming. In addition, he stated that the City will be responsible for maintaining a monitoring system to track energy credits.

 

Staff recommended approval of the revised Net Energy Metering Tariff, to be effective upon Council approval.

 

The committee recommended approval of staff’s recommendation.

 

By consent agenda, Mr. Slavin moved for approval of the Revised Net Energy Metering Tariff (Exhibit #1), as recommended by the Committee. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote.

 

By consent agenda, Mr. Slavin moved for acceptance of the Utility Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote.

 

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 24, 2009

The Legislative, Finance, and Administration Committee met on August 24, 2009 with Chairman McGlumphy presiding.

 

Review and Recommendation - Filling of Critical Positions - System Operator I

During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed.

 

Mr. Anthony DePrima, City Manager, reviewed a request to recruit and the hiring justification outline to fill the position of System Operator I in the Public Utilities Department. Mr. DePrima explained that the incumbent of this position responds to incoming calls regarding problems and complaints at the Dispatch Center, which operates 24 hours per day, 7 days per week. He stated that if the position is not filled, the work will be performed by other employees who must be paid at the overtime rate of time-and-a-half, and that it would be more cost effective to fill the position than to pay the overtime.

 

In response to Mr. Salters, Mr. DePrima stated that the position is currently occupied and that the incumbent is planning to retire. He noted that several weeks of on-the-job training, as well as ongoing formal training, will be required for the selected applicant. Mr. DePrima stated that similar vacancies have previously been filled by in-house applicants with field experience who have technical knowledge of the City’s electrical and water systems. If this occurs, Mr. DePrima noted that a new vacancy would occur for a field position, and members would then have to determine whether that position would be filled. He added that, under the IBEW contract, the position must be offered first to IBEW members. Mr. DePrima noted that the incumbent of this position is required to have the ability to remain calm in emergency situations, as well as a strong technical background.

 

In response to Mr. Leary, Mr. DePrima stated that an amount equal to approximately half of the position salary would be required if current employees performed the duties of this position at an overtime rate, possibly more if weekend hours are needed. He noted that excess overtime could also create fatigue among current workers.

 

Mr. Ruane requested that members be informed whether vacant positions are budgeted in the current year when a permission to recruit is brought before the Committee, and that a plan for funding the position be provided if not accounted for in the budget.

 

Mr. McGlumphy noted that the starting salary for the position is $52,000 per year and that System Operators’ earnings in 2008 ranged from $69,000-$77,000 per year, including overtime pay. Mr. McGlumphy felt that this was a relatively high rate of pay and requested staff to analyze the position to determine if the salary is appropriate and develop a position description that reflects the level of technical knowledge required.

 

Mr. DePrima noted that the salary rate for this position is established in the IBEW contract and that any adjustment would require negotiation with the union.

 

It was Mr. Salters’ feeling that $52,000 was an acceptable salary for the position, since the incumbent functions as an electrical systems operator and is responsible for ensuring that a high level of service is maintained throughout the City.

 

The committee recommended that staff be granted permission to recruit for the position of System Operator I, as requested.

 

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.

 

 

Proposed Ordinance - New Business License Categories and Associated Fees/Adjustments

Mr. Scott Koenig, Public Services Manager, presented members with proposed amendments to Chapter 26 - Businesses, Article II - License, Section 26-35 - Licenses Required; Fees, of the Dover Code.

 

Mr. Koenig proposed the elimination of the following unused business license categories:

 

                      Bowling Alley Operator

                      Dental Lab

                      Outdoor Music Festival Promoter

                      Taxidermist

                      Parking Lot or Garage Operator

                      Television Repairman

                      Telephone Answering Service

 

Mr. Koenig stated that if an application is received for one of the above businesses, it will be grouped in the “All Other” category, with an associated fee linked to the number of employees, as identified in the ordinance. He indicated that if a need did arise in the future for licenses in these categories, staff would approach Council to request to add them back into the ordinance.

 

In addition, Mr. Koenig stated that staff is proposing the addition of the following business license categories:

 

                      ATM Machines (off Bank Premises)                   $49.00

                      Fitness Trainer                                                      $67.00

                      Home Day Care                                                    $25.00

                      Real Estate Development Corporation               $333.00

 

Mr. Koenig estimated that the revenue generated by licensing these categories would be $7,000-$15,000, based on current conditions.

 

In addition, Mr. Koenig stated that, in preparation for the recently expanded gaming venues authorized by State legislators, staff is proposing the addition of the following business license categories:

 

                Sports Betting and Horse Racing (simulcast) - Mr. Koenig noted that sports betting and horse racing activities would be licensed separately, and the licensee would incur a fee at a rate of $0.00046 of the aggregate gross receipts of the activity, with a minimum license fee of $121. He indicated that these fees would amount to approximately $460 per $1 million of aggregate gross receipts. Mr. Koenig estimated an annual revenue of $2,300-$4,600 per activity (sports betting and Simulcast), if Council adopts these licensing fees, which would place fees for these activities at a level comparable to those assessed to contra