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REGULAR COUNCIL MEETING
AGENDA
JUNE 25, 2012 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share
their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing
on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will
be provided during consideration of that item. Citizen comments are limited to three (3) minutes.
Council is prohibited from taking action since they are not in official session; however, they may
schedule such items as regular agenda items and act upon them in the future.
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN WILLIAMS
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
Those items on the Council Agenda which are considered routine and non-controversial shall be
marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There
will be no separate discussion of these items unless a member of Council so requests, in which
event the matter shall be removed from the Consent Agenda and considered a separate item.
* 1. Adoption of Minutes
A. Special Council Meeting (Budget Review) of May 22, 23, 30 and June 4, 2012
B. Regular Council Meeting of June 11, 2012
2. Presentation - Dover Public Library Donation
3. Public Hearings - Violations of Dangerous Building Ordinance
A. Property Located at 171 Orchard Avenue, Owned by William W. Jarman
B. Property Located at 488 North East Avenue, Owned by Jeffrey F. Garrison
C. Property Located at 827 Townsend Boulevard (Pool), Owned by Jennifer E. Brown
4. Board of Assessment Appeals Exemption Report - May 22, 2012
A. Union Missionary Baptist Church - Lot 8 Forest Street
(Board Recommended Denial of Request for Exemption)
B. Second Baptist Church - 136 South Queen Street
(Board Recommended Denial of Request for Exemption)
C. Chapter 850 Vietnam Veterans of America - Lot 1549 Rear - Forrest Avenue
(Board Recommended Approval of Request for Exemption)
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Council Agenda - June 25, 2012 Page 2
4. Board of Assessment Appeals Exemption Report - May 22, 2012 (Continued)
D. EJB Inc. - (Serenity Place) 327 Martin Street
(Board Recommended Approval of Request for Exemption)
E. House of Pride Inc.
e-1. 16 North New Street (Board Recommended Denial of Request for Exemption)
e-2. 102 South New Street (Board Recommended Denial of Request for Exemption)
e-3. 115 South New Street (Board Recommended Denial of Request for Exemption)
* 5. Parks, Recreation, and Community Enhancement Committee Report - June 11, 2012
A. Proposed Amendment to 2011 Community Development Block Grant Action Plan
(Committee Recommended That Staff Be Authorized to Reallocate $60,081 in FY11
CDBG Funding From the City of Dover Streets Program to Provide Funding For the
FY11 Housing Rehabilitation Program, American Disabilities Act (ADA) Improvements
to Council Chambers, and FY12 CDBG Projects As Presented)
B. Proposed Ordinances
b-1. #2012-13 - Amendment to Appendix B Zoning, Article 5 - Supplementary
Regulations, Section 4 - Supplementary Sign Regulations (See Item #13-A)
(Committee Recommended Adoption of Proposed Ordinance #2012-13)
b-2. #2012-14 - Amendment to Appendix B Zoning, Article 3 - District Regulations,
Section 23 - Agricultural Zone (A) (See Item #13-B)
(Committee Recommended Adoption of Proposed Ordinance #2012-14)
b-3. #2012-15 - Amendment to Appendix B Zoning, Article 3 - District Regulations,
Section 9 - General Residence and Office Zoning (RGO) (See Item #13-C)
(Committee Recommended Adoption of Proposed Ordinance #2012-15)
b-4. #2012-16 - Amendment to Chapter 114 - Vegetation, to Create a New Article III
- Bamboo (See Item #14-A)
(Committee Recommended Adoption of Proposed Ordinance #2012-16)
C. FY 2013 Five-Year Capital Investment Plan (CIP)
(Committee Recommended Acceptance of the FY2013 Five-Year Capital Investment
Plan (CIP))
D. Updates
(Committee Action Not Required)
* 6. Utility Committee Report - June 11, 2012
A. McKee Run Generating Station Industrial Wastewater Discharge System
(Committee Recommended Approval of the New Capital Investment Plan (CIP) For the
Industrial Waste Water Discharge System at the McKee Run Generating Station and
the Transfer of Funding From Existing CIPs, As Recommended by Staff)
B. Annual Engineering Consultant's Report on the Operation and Maintenance of the
Electric System - Fiscal Year 2011
(Committee Recommended Acceptance of the Report)
C. FY 2013 Five-Year Capital Investment Plan (CIP)
(Committee Took No Action)
D. Review of Utility Related Capital Investment Plan (CIP) (Electric and
Water/Wastewater)
(Committee Action Not Required)
E. Updates
(Committee Action Not Required)
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Council Agenda - June 25, 2012 Page 3
7. Legislative, Finance, and Administration Committee Report - June 11, 2012
* A. Review and Recommendation - Filling Critical Positions - Library Clerk II - Dover
Public Library
(Committee Recommended Approval of the Request to Fill the Position of Library
Clerk II, As Recommended by Staff)
B. Proposed 15% Healthcare Premium Cost Sharing Arrangement - Non-Bargaining
Only
(Committee Recommended Approval of Employee Cost Sharing of Health Insurance
Premiums for Non-Bargaining Employees Based Upon Scenario #2 - Premiums Based
Upon First State Basic, To Be Effective July 1, 2012)
* C. Proposed Ordinances
c-1. #2012-10 - Amending Chapter 1 - General Provisions, Section 1-13 - Denial of
Permits or Approvals for Failure to Comply with Requirements for Payment,
Actions, or Filings (Clean Hands) With CA-#1 through #4 (Referred to
Committee by City Council on May 14, 2012; Deferred by Council Committee
of the Whole on May 29, 2012) (See Item #15-A)
(Committee Recommended Adoption of Proposed Ordinance #2012-10, As
Amended to Include CA#2, CA#3, and CA#4)
c-2. #2012-17 - Amending Chapter 26 - Businesses, Article I - In General, Section
26-1 - Sale of Dangerous Substances (See Item #14-B)
(Committee Recommended Adoption of Proposed Ordinance #2012-17)
* D. Elimination of Pay For Performance (Anderson/Hutchison)
(Committee Recommended That the Pay For Performance Be Eliminated Effective
Upon the Approval of a New System To Be Brought Forth By the City Manager and
Staff)
* E. Reduced Rates for All-Electric Homes in December, January, and February
(Due To Time Constraints, This Item Was Deferred Until the Next Meeting)
8. FOP Labor Contract Agreement
9. Evaluation of Bids - City Hall Generator (DEMA Grant)
10. Setting of Electric Utility Rate for Fiscal Year 2012/2013
11. Reappointments - Recommended by Mayor Carey
A. Board of Adjustment - Three (3) Year Terms to Expire July 2015
a-1. James N. Keller
a-2. Richard Senato
B. Planning Commission - Three (3) Year Terms to Expire June 1, 2015
b-1. Michael J. Ambruso, Sr. - Second District
b-2. Thomas Holt - Second District
C. Public Advisory Committee (PAC) of the Dover-Kent County MPO -
Dr. Carlton L. Cannon, Jr. - Two (2) Year Term to Expire July 2014
12. Appointment - Recommended by Mayor Carey - Planning Commission - Three (3) Year
Term to Expire June 1, 2015 - Dean E. Holden - Third District
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Council Agenda - June 25, 2012 Page 4
13. First Reading - Proposed Zoning Text Amendments
The First Reading is offered on the following proposed ordinances. Since they are
amendments to the Zoning Code, they are recommended for referral to the Planning
Commission on July 16, 2012 and that a Public Hearing be set for August 13, 2012 at
7:30 p.m. and that the Second Reading and Final Action by Council take place at that
time. Copies of all proposed ordinances are available at the entrance of the Council
Chambers or can be obtained from the City Clerk’s Office.
A. Ordinance #2012-13 - Amendment to Appendix B Zoning, Article 5 - Supplementary
Regulations, Section 4 - Supplementary Sign Regulations
(Parks, Recreation, and Community Enhancement Committee)
B. Ordinance #2012-14 - Amendment to Appendix B Zoning, Article 3 - District
Regulations, Section 23 - Agricultural Zone (A)
(Parks, Recreation, and Community Enhancement Committee)
C. Ordinance #2012-15 - Amendment to Appendix B Zoning, Article 3 - District
Regulations, Section 9 - General Residence and Office Zoning (RGO)
(Parks, Recreation, and Community Enhancement Committee)
14. First Reading - Proposed Ordinances
The First Reading is offered on the following proposed ordinances. Final action by
Council will take place during the Second Reading of the ordinances on July 9, 2012.
Copies of all proposed ordinances are available at the entrance of the Council Chambers
or can be obtained from the City Clerk's Office.
A. Ordinance #2012-16 - Amendment to Chapter 114 - Vegetation, to Create a New
Article III - Bamboo
(Parks, Recreation, and Community Enhancement Committee)
B. Ordinance #2012-17 - Amending Chapter 26 - Businesses, Article I - In General,
Section 26-1 - Sale of Dangerous Substances
(Legislative, Finance, and Administration Committee)
15. Final Reading - Proposed Ordinance #2012-10
The First Reading of the following proposed ordinance was accomplished during the
Council Meeting of April 23, 2012. Copies of the proposed ordinance are available at the
entrance of the Council Chambers.
A. Ordinance #2012-10 - Amending Chapter 1 - General Provisions, Section 1-13 -
Denial of Permits or Approvals for Failure to Comply with Requirements for
Payment, Actions, or Filings (Clean Hands) With LF&A #1 through #3
(Legislative, Finance, and Administration Committee)
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Council Agenda - June 25, 2012 Page 5
16. Final Reading - Proposed Ordinance #2012-18
The First Reading of the following proposed ordinance was accomplished during the
Council Meeting of June 11, 2012. Copies of the proposed ordinances are available at the
entrance of the Council Chambers.
A. Ordinance #2012-18 - Budget Ordinances - 2012/2013 City of Dover Budget
17. Council Members Announcements
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CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.