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Page 1
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 12, 2010 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 Hosfelt, Ms. Russell, Mrs. Mitchell,
Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and
Mrs. McDowell. Mayor Carey was also present.
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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Hogan
and unanimously carried.
Mr. McGlumphy moved for approval of the consent agenda, seconded by Mr. Salters and
carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 22, 2010
The Minutes of the Regular Council Meeting of March 22, 2010 were unanimously
approved by motion of Mr. McGlumphy, seconded by Mr. Salters and bore the written
approval of Mayor Carey.
CERTIFICATE OF APPRECIATION - FRIENDS OF THE LIBRARY
The City Clerk read the following Certificate of Appreciation into the record:
Certificate of Appreciation
Presented to
FRIENDS OF THE LIBRARY
In appreciation of your ongoing years of volunteer service at the Dover Library and the
Carriage House. The money saved by selling used books at the Carriage House helps with the
funding of library services.
We thank each of you for dedicating your time to making the Dover Community a place where
people want to live.
Congratulations and thank you!
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 2
Mayor Carey presented the Certificate to Ms. Margery Cyr, Director of the Dover Public
Library. Ms. Cyr recognized the service provided by the Friends of the Library and introduced
the following Board members: Mr. John Olenik, President; Ms. Beverly Bresnahan, Secretary;
Ms. Barbara Qaissaunee; Ms. Sharon Creamer; and Mrs. Ann Stewart. She relayed appreciation
to the Board Members for their financial support and advocacy on behalf of the community.
CERTIFICATE OF RECOGNITION AND CONGRATULATIONS - RICHARD
HUDSON - SEPTEMBER 1989 THROUGH MARCH 2010
The City Clerk read the following Certificate of Recognition and Congratulations into the
record:
MAYOR AND COUNCIL
Be It Hereby Known To All That
The Mayor and Council Commend
RICHARD HUDSON
for Dedicated Service to the City of Dover
September 1989 - March 2010
20 Years of Service
The Mayor and Council Extend Sincere
Appreciation and Congratulations
Mayor Carey presented the Certificate to Mr. Hudson and relayed appreciation for the service
provided to the City of Dover. Mr. Hudson thanked current and former City Councils and the
City Manager for allowing him to serve the residents of the City of Dover for the past 20 years.
PROCLAMATION - DUKE ELLINGTON MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, Duke Ellington was born on April 29, 1899, in Washington DC; and
WHEREAS, he began studying piano at age seven, performed professionally at age seventeen
and ultimately became the greatest jazz composer and bandleader; and
WHEREAS, he produced over 2000 compositions which include instrumental, popular, large
scale, sacred music, film scores and opera concerts; and
WHEREAS, in his lifetime he played over 20,000 concerts nationally and internationally; and
WHEREAS, he received many awards, but the following are the most prestigious; the Grammy
Lifetime Achievement Award in 1966, the Presidential Medal of Freedom in 1969 and the
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 3
Legion of Honor by France in 1973, which are the highest civilian honors in each country; and
WHEREAS, in 2009 he was the first African American to appear by himself on a circulated U.S.
coin, the Washington DC quarter; and
WHEREAS, April 29, 2010 will be the 110th anniversary of Duke Ellington's birth.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim April 2010 as DUKE ELLINGTON MONTH in the City of
Dover; and encourage all citizens to honor and recognize the countless accomplishments of a
great American pianist.
Mayor Carey presented the Proclamation to Ms. Sandra Conner, Executive Director for the
Schwartz Center of the Arts, and Ms. Sylvia Cowell, Arts Council Board Member. The Mayor
expressed his appreciation for the contribution made by Mr. Ellington to our nation=s musical
heritage and commended the Board Members of the Schwartz Center for the Arts for their
contributions to the local community. Ms. Conner expressed her appreciation to the Mayor,
Council, and citizens of Dover for their help in commemorating this great American artist and
invited all who were attendance to participate in "A Duke Ellington Celebration", scheduled for
April 29, 2010, at 7:00 p.m. at the Schwartz Center.
PROCLAMATION - NATIONAL LIBRARY WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, libraries everywhere play a vital role in supporting the quality of life in their
communities; and
WHEREAS, our nation's school, academic, public and special libraries make a difference in the
lives of millions of Americans, today, more than ever; and
WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find
and interpret the information they need to live, learn and work in a challenging economy; and
WHEREAS, libraries serve as crucial technology hubs for people in need of free Web access,
computer training, and assistance finding job resources; and
WHEREAS, libraries are part of the American Dream – places for opportunity, education, self-
help and lifelong learning; and
WHEREAS, library use is up nationwide among all types of library users, continuing a decade-
long trend.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 4
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim April 11–17, 2010 as NATIONAL LIBRARY WEEK and
encourage all residents to visit the library this week to take advantage of the wonderful library
resources available at your library.
Mayor Carey presented the Proclamation to Ms. Margery Cyr, Director of the Dover Public
Library, and the following Board Members of the Friends of the Library: Mr. John Olenik,
President, Ms. Barbara Qaissaunee, Ms. Sharon Creamer, Mrs. Ann Stewart, and Ms. Beverly
Bresnahan, Secretary. Ms. Cyr stated expressed her pride in serving the community and
presented the Mayor and Council with Dover Public Library tote bags as a token of appreciation
for their support and in commemoration of National Library Week.
PROCLAMATION - SCOTS-IRISH MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, from our great nation=s earliest beginnings, America has inspired the hopes and
dreams of many from around the world, who join in wanting to experience and share the gifts of
freedom and opportunity; and
WHEREAS, the majority of the Scots-Irish who came to America in the colonial period settled
in Pennsylvania, Virginia, and the Carolinas. Nonetheless, there was significant Scots-Irish
settlement in each of the thirteen American colonies, including Delaware; and
WHEREAS, traces of a more lasting legacy with the Scots-Irish may perhaps be found in the non-
material culture - in the language and music of Appalachia, in their belief in the importance of
the family farm, individualism, and public education - all features that one can detect in the
typical American; and
WHEREAS, Scots-Irish month provides us the opportunity to recognize the contributions made
by the Scots-Irish and the aid they provided in the formation of our nation and in our country's
rich heritage.
NOW, THEREFORE, I, CARLETON E. CAREY SR., MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of April 2010 as SCOTS-IRISH MONTH and urge
all citizens to take an active role in celebrating the accomplishments of the Scots-Irish in our
society today.
Mayor Carey presented the Proclamation to Mr. Peter Gregg, Chieftain of the Delaware Clan
Gregor Society.
Mr. Gregg noted that, when he is given the opportunity to meet people, he realizes that
represents not only the Clan Gregor, but also the people of the City of Dover, and he promised to
continue to do so to the best of his ability. Mr. Gregg indicated his acceptance of the
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 5
Proclamation on behalf of the Scots-Irish citizens of the City of Dover.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
225 NORTH BRADFORD STREET (D & S INVESTMENTS CO., LLP)
In accordance with Article XI - Dangerous Buildings, Sec. 22-388 - Emergency cases, of the
Dover Code, in cases where it reasonably appears that there is an immediate danger to the life or
safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or
demolished, the building inspector shall report such facts to the council, which may cause the
immediate repair, vacation, or demolition of such dangerous building.
Mr. Scott Koenig, Public Services Manager/Director of Public Works, provided and reviewed a
Presentation on the condition of the property located at 225 North Bradford Street, owned by D
& S Investments Co., LLP (Exhibit #1). Members were advised that this is considered an
"emergency case" due to the testimony presented by neighbors regarding the property during the
Open Forum of the Regular Council Meeting of March 22, 2010. Mr. Koenig reminded
members that, according to the testimony, parts of the accessory barn structure on the property
are considerably tilted, the building is packed with junk and trash, and it presents a potential
public safety and fire hazard to the neighboring properties. Additionally, neighbors indicated
that the structure is occupied by a resident who occasionally utilizes electricity from neighboring
garages to power electric heaters and lights. The neighbors= testimony also included concerns
about the stockpiling of garbage in the yard. Mr. Koenig stated that staff has visited the property
and verified all of the above concerns except the use of electricity, since this appears to be
intermittent. He noted that the garbage has been removed, but additional junk and debris
continues to be stored in the yard, and this has attracted rats to the property.
Mr. Koenig relayed appreciation to the neighbors for bringing this matter to the City=s attention.
He advised members that the property owner has been responsive to the requests of the City and
is moving forward expeditiously at this time.
Due to the evidence of a fire hazard, public health and safety violations, and suspected illegal
habitation of the structure, staff recommended the immediate demolition of the structure to
remedy the situation.
Staff recommended that City Council: 1) declare this accessory building dangerous; 2) order the
structure repaired or demolished by May 12, 2010 by the owner or equity owner at their own
risk; 3) order the Building Inspector to cause the repair or demolition of the building, if not
completed by the owner within ten (10) days of the date set by Council; and 4) order the City
Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be
charged against the land on which the building exists as a municipal lien or cause such cost to be
added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in
a suit of law against the owner.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 6
Responding to Mr. McGiffin, Mr. Koenig stated that the City does not have to provide a property
owner 30 days to demolish the structure; however, he explained that 30 days has traditionally
been the standard timeframe provided. He advised members that the presentation regarding this
matter was prepared prior to the issuance of the demolition permit and that there has been
activity on the property subsequently.
Council President Williams declared the public hearing open.
Mrs. Sara Herbert, 223 N. Bradford Street, advised members that, since demolition began, there
have been five (5) dead rats and two (2) dead opossums found, as well as several live animals
roaming the area. She noted that, although there has been some recent action taken by the
property owners, it has been the neighbors= experience, that the owners do not always follow
through on promises to improve the property. She relayed appreciation to the City for making
sure this matter is completely resolved. On behalf of the neighbors, she conveyed thanks for the
City=s quick response to the concerns presented at the Council Meeting of March 22, 2010.
There being no one else wishing to speak, Council President Williams declared the public
hearing closed.
Mr. Hogan moved that the accessory structure located at 225 North Bradford Street be
declared a dangerous building and subject to demolition, as recommended by staff, with
the stipulation that the date of May 12, 2010, included in Item #2, be replaced with "within
10 days of date set by Council (April 12, 2010)". The motion was seconded by
Mr. McGlumphy and carried by a unanimous roll call vote.
RESCHEDULING OF PUBLIC HEARING/FINAL READING - REZONING
A public hearing was duly advertised for this time and place to consider rezoning of property
located on the south side of White Oak Road, 1,340+/- feet west of Long Point Road, owned by
TLFD Management, LLC, consisting of 12.73+/- acres. The property is currently zoned R-20
(One-Family Residence) subject to SWPOZ (Source Water Protection Overlay Zone) and the
proposed zoning is R-8 (One Family Residence) subject to SWPOZ.
Council President Williams advised members that this item was tabled by the Planning
Commission until April 19, 2010. As a result, staff recommended that a Public Hearing/Final
Reading before City Council be rescheduled for May 24, 2010 at 7:30 p.m.. The First Reading
of Proposed Ordinance #2010-04 was accomplished during the Council Meeting of February 22,
2010.
Mr. McGlumphy moved to reschedule the Public Hearing/Final Reading before City
Council for May 24, 2010 at 7:30 p.m. for the rezoning of property located on the south
side of White Oak Road, 1,340+/- feet west of Long Point Road, owned by TLFD
Management, LLC, consisting of 12.73+/- acres. The motion was seconded by Mr. Salters
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 7
and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT
1051 COLLEGE ROAD, OWNED BY LANDS OF JNK, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property
located at 1051 College Road, owned by Lands of JNK, LLC, consisting of 4.32+/- acres, less a
street right-of-way area consisting of 0.55+/- acres that divides the original tract into two (2)
pieces. These properties are currently zoned R-8 (One Family Residence) and the proposed
zoning is RG-2 (General Residence).
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 8
Council President Williams reminded members that the First Reading of Proposed
Ordinance #2009-29 was accomplished during the Council Meeting of November 23, 2009. Due
to inclement weather, the Planning Commission was unable to consider this item on
December 21, 2009. On January 19, 2010, this item was tabled by the Planning Commission
until March 15, 2010, and on February 22, 2010, the Public Hearing/Final Reading before City
Council was rescheduled for April 12, 2010 at 7:30 p.m.
Mr. Salters moved that the Final Reading of Proposed Ordinance #2009-29 be
acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried. (The
First Reading of Proposed Ordinance #2009-29 was accomplished during the Council Meeting
of November 23, 2009).
Planner's Review
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the
petition to amend the zoning district and the findings and recommendations of the Planning
Commission (Exhibit #2). The Planning Commission recommended approval of the rezoning
request to RG-2.
At the request of Mr. Ruane, Mrs. Townshend explained that the RM-2 zoning classification
allows for garden apartments but not for a large apartment building. The RG-2 zoning
classification allows for garden apartments and, as a conditional use, allows for multiple
dwellings, not necessarily garden apartments. She noted that the primary difference between the
RM-2 and RG-2 classifications are the density and housing styles, explaining that the RG-2
allows for fewer varieties of housing and does not allow duplexes, townhouses, etc., and the
RM-2 allows for these types of structures with density capped at eight (8) units per acre. She
indicated that, while RG-2 allows for a higher density, it is limited to single-family detached
dwellings or apartments.
Responding to Mr. Ruane, Mrs. Townshend indicated that approval of the Arbors Senior
Condominiums project included, as a condition, a road from College Road that connects to
Emerald Pointe via Topaz Circle. When the matter came before the Planning Commission in
January, there was public testimony and discussion among members that indicated concern
regarding the through road and the effect it would have on traffic. The Planning Commission
requested staff to reconsider the road. Mrs. Townshend stated that, since this is a rezoning
application, there is no decision to be made regarding the roadway. She noted that the road is
recorded, and future action by Council would be required to vacate the right-of-way if the
recordation is to be changed.
Public Hearing
Council President Williams declared the hearing open.
Mr. Douglas Berry, Professional Engineer for Pennoni Associates, provided members with the
site plan, acknowledging that it was not to be considered in conjunction with the rezoning
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 9
request and was presented only to assist in a better understanding of the streets, etc. He noted
that the Planning Commission recommended approval of the rezoning request to RG-2,
contingent upon having sole access to the site from Topaz Circle in the adjacent Emerald Pointe
subdivision, so that there would be no means or ingress or egress via College Road due to safety
concerns relayed during the Public Hearing before the Planning Commission.
Mr. Berry advised members that the developers have indicated a cap on development density in
the amount of 11.11 units per acre, which is essentially the same as proposed for the Arbors
Senior Condominiums project. The developer also understands that their desire to construct a
multiple-
dwelling facility will be subject to submission and approval of a conditional use site plan
application.
Responding to Mr. Ruane, Mr. Berry confirmed that the original intent of the rezoning
application was to provide for senior housing; however, due to current market conditions, the
developer is not able to market to seniors only. He stated that this is the reason for the new
rezoning request, as well as the fact that, in accordance with the City of Dover=s Comprehensive
Plan, the RG-2 is an acceptable zoning designation for this property. Since the developer had
not started any work on the Arbors seniors project, it became their desire to rezone the property
and propose the exact same building, however, to remove the age-restricted designation from
the record plan.
There being no one else present wishing to speak, Council President Williams declared the
hearing closed.
Mr. McGlumphy moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Leary.
Responding to Mr. McGiffin, Mrs. Townshend explained that the road issue was not a part of the
Planning Commission=s motion; however, prior to making his motion, the motion maker had
indicated that if there was no access to College Road, it would be acceptable. As a result, she
stated that, although the road issue cannot be a condition for the rezoning, it will be a matter that
the Planning Commission will consider during the site plan review.
The motion to approve the rezoning request, as recommended by the Planning
Commission, was carried by a roll call vote of seven (7) yes and two (2) no (Mrs. Russell
and Mr. Ruane) and Council adopted Ordinance #2009-29, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 1051 COLLEGE ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 10
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-8 (One Family Residence Zone) to RG-2 (General
Residence Zone).
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 11
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and
Zoning Ordinance of the City of Dover have been amended by changing the zoning designation
from R-8 (Single Family Residence Zone) to RG-2 (General Residence Zone) on that property
located at 1051 College Road, consisting of 4.32+/- acres, less a street right-of-way area
consisting of 0.55+/- acres that divides the original tract into two (2) pieces, owned by JNK, LLC.
ADOPTED: APRIL 12, 2010
UTILITY COMMITTEE REPORT - MARCH 22, 2010
The Utility Committee met on March 22, 2010 with Chairman Ruane presiding.
Extension of Recycling Contract and Option for the Future
Mr. Anthony DePrima, City Manager, advised members that the City of Dover=s contract
agreement for curbside recycling with Delaware Solid Waste Authority (DSWA) expired on
February 15, 2010.
He stated that bids were solicited for recycling services in the Fall of 2009 and that DSWA was
not the lowest bidder. He stated that $1.74 per pick up, which is based on 26 pick ups per year,
per account, was the lowest proposal the City received. He noted that, based on the fee of $1.74
and the estimated number of average customers (7,740) per month, the cost to provide curbside
recycling services using a contractor is $350,158 for FY 2011. Mr. DePrima also noted that
DSWA recently informed the City of their intention to discontinue operating the trucks that pick
up recyclables; however, they have agreed to extend their contract from March 1, 2010 until
June 30, 2010. He stated that the existing price of $1 per pick up ($2.00 per month) per account
will remain in effect during this time and that the estimated cost to extend the program is
$61,324.00.
It was Mr. DePrima=s feeling that recycling services could be provided by the City at a
substantially lower cost if the work force in this area were expanded by a maximum of four (4)
new employees; therefore, staff does not recommend awarding a contract to the lowest bidder.
He advocated continuing recycling service in the future, as it is supported by many residents and
conserves landfill space. Mr. DePrima also noted that Governor Jack Markell recently
announced his intention to propose legislation that would mandate recycling in Delaware and
require municipalities to operate under the new legislation by September 2011. He advised
members that he is working with Mrs. Donna Mitchell, Controller/Treasurer, on preparing a
detailed cost analysis for the City of Dover to run its own recycling program. A side-by-side
comparison will be provided to members during their next meeting.
Staff recommended authorizing the City Manager to execute the contract extension with DSWA.
Mr. Ruane requested that, in addition to the cost analysis, staff also provide members with an
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 12
outline of the proposed recycling legislation during their next meeting.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 13
Responding to Mr. Hogan, Mr. DePrima stated that some of the recycling fees collected by the
State will be used to establish grants and loans for municipalities. He also noted that the State of
Delaware will be required to give the existing recycling containers to municipalities and that the
City has been discussing the option of purchasing equipment from DSWA.
In response to Mr. Ruane, Mr. Scott Koenig, Public Services Manager/Director of Public Works,
stated that 85% percent of residents currently participate in the recycling program; however, the
program has not been extended to apartment complexes and parts of the downtown area did not
receive containers in the initial roll out.
Referring to the Report on Recycle Tracking for FY 2010, Mr. Koenig stated that the City has
avoided $58,000 in landfill charges by operating the curbside recycling program and that 945
tons were pure recycling.
The Committee recommended authorizing the City Manager to execute the addendum for
Curbside Recycling with the Delaware Solid Waste Authority, with the terms outlined in the
agreement.
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation (Exhibit #3), seconded by Mr. Salters and carried by a unanimous roll call
vote.
Review of Utility Related CIP=s (Electric and Water/Wastewater)
Members were provided the Water/Wastewater Capital Investment Plan Project Tracking Report
(as of January 31, 2010) and Major CIP Project Reports for the General Fund, Community
Transportation and General Fund Street Funds, Water/Wastewater Improvement and Extension
Fund, and Electric Improvement and Extension Fund.
Mr. Anthony DePrima, City Manager, advised members that the City has recently resolved the
water loans. He also noted that a number of electric and water/wastewater projects have been
started and that great progress is being made.
With regards to the Inflow and Infiltration (I & I) Removal Project, Mr. Ronald Lunt, Public
Utilities Director, stated that the project is funded through the revolving loan fund and bids were
previously solicited; however, because the Davis-Bacon Federal Wage provision was not
included in the original contract, the City will have to re-bid the project. He explained that the
bidding process will be a minimum of three (3) months.
In response to Mr. Ruane, Mr. Lunt explained that the cost of the project is unknown until the
City receives the bid proposals, and it is anticipated that the cost of labor will increase; however,
the increase will be offset by savings and interest.
The Committee recommended acceptance of the report.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 14
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 15
FY 2011 Five-Year Capital Investment Plan (CIP)
Members were provided the Five (5) Year Capital Investment Plan for FY 2011 (included as an
attachment to the Committee minutes). Mr. Anthony DePrima, City Manager, noted that new
projects were highlighted in yellow.
Responding to Mr. Ruane, Mr. Ronald Lunt, Public Utilities Director, stated that most of the
projects listed in Wastewater Management were for pump stations and work on a force main that
is 30-40 years old and has exceeded its life cycle. He stated that the City currently uses a
program to evaluate the lift stations. Mr. Lunt explained that the Master Plan did not discuss lift
stations unless related to capacity issues; therefore, the City is following the recommendations of
staff.
In regards to the Electric Engineering Transmission Relay and Coordination Project, Mr. Lunt
advised members that, with the recent 69Kv system expansion, the City has experienced mis-
operations within the system. He stated that the system is extremely complex; therefore, the City
has neither the equipment nor resources to review the settings to rectify the problems in-house.
Mr. Lunt explained that staff proposes hiring an outside firm to review each relay so that the
problem may be resolved.
Responding to Mr. Snaman, Mr. Lunt stated that there are two (2) facets associated with the cost
of the project, including purchasing an internal program to review impedances (less than half of
the expense), and hiring a contractor to examine each wire and relay setting. He stated that it is
anticipated that the project will take at least one (1) year to complete.
In response to Mr. Ruane, Mrs. Donna Mitchell, Controller/Treasurer, stated that Capital
Improvement Plan (CIP) assumptions and rate structures have been operated through financial
models that have been used in the past. She noted that the model is lacking the departmental
budget for Fiscal Year 2011. Mrs. Mitchell explained that these improvements were originally
modeled at $3M and are now being modeled at $4M, due to the addition of projects. As a result,
Operating Funds have been transferred to Capital Funds. Mrs. Mitchell also noted that funds
were transferred from the Operating Fund to the Improvement and Extension fund for Plant
Engineering and Transmission and Distribution (T&D) projects. Mrs. Mitchell advised members
that there are sufficient funds in the Operating Fund; therefore, the City is able to transfer $4M
without financing.
Mr. DePrima advised members that a life study analysis was conducted on units 1, 2, and 3 of
the power plant and that the results of the study would be brought to the Committee at a later
date.
Responding to Mr. Ruane, Mr. Lunt stated that the analysis examined the cost and the
anticipated revenue of the units. He explained that the revenue from the Capacity Market
exceeds the expense outlined. Mr. Lunt noted that the analysis included a 20-year projection and
that the anticipated revenues were favorable, especially on Unit 3. He stated that the term of the
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 16
Capacity Market is three (3) years; therefore, the City's revenue is known during the three (3)
year period, and the revenue for years four (4) and five (5) could be reasonably projected.
However, he cautioned that, due to the instability in the market, further projections are very
difficult, and after five (5) years the Capacity Market is based on assumption. Mr. Lunt stated
that he was confident that the City would receive compensation for generation far beyond three
(3) years.
In response to Mr. Hogan, Mr. Lunt stated that, although Indian River has recently closed some
of their plants, it is unlikely that the City will increase operations due to the units= inefficiency;
however, if the load were to expand, then operations would increase. He noted that the primary
purpose is to maintain capacity. Mr. Lunt advised members that the City is currently at 100% of
the available capacity payment. He stated that capacity payments are as follows:
FY 2010-2011 - $11.3M ($2.3M for units 1 and 2)
FY 2011-2012 - $6.9M ($1.3M for units 1 and 2)
FY 2010-2013 - $14M ($2.7M for units 1 and 2)
Mr. DePrima advised members that the new power plant was classified as a gas plant; therefore,
the City is exempt from performing a test that would have cost $500,000 in fuel.
Mrs. Mitchell stated that the City has stressed to PACE the importance of ensuring that
investments provide a return. She noted that some projects were re-evaluated and scaled down
for this reason.
Responding to Mr. Snaman, Mr. Lunt stated that the new gas power plant will be nearly twice as
efficient as the existing units. He noted that the heat rate on the existing units is 13,500 to
14,000 BTU/kWh and would be 7,200 BTU/kWh on the new plant. Mr. Lunt explained that the
current plant operates 2 percent of the time, and that the new plant would operate 40-50 percent
of the time. He noted that the operation of the plant would increase to 60 percent in the out
years. Mr. Lunt stated that it is anticipated that units 1 and 2 will eventually be retired.
The Committee recommended acceptance of the FY 2011 Five-Year Capital Investment Plan
(CIP) report.
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. McGlumphy moved for acceptance of the Utility Committee
Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
MARCH 22, 2010
The Legislative, Finance, and Administration Committee met on March 22, 2010 with
Chairman McGlumphy presiding.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 17
Review and Recommendation - Filling of Critical Positions
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. McGlumphy noted that there were no critical positions to be considered; therefore, no
further action was required.
Presentation - Summary of Pay for Performance (PFP) Employee Meetings
Council President Williams reminded members that when the MAG overview of
recommendations was presented to the Committee during their meeting of November 23, 2009,
staff was requested to schedule dates for members of Council to meet with employees to assure
their understanding and provide them with an opportunity to comment before the plan is
presented to Council. Further discussion of the MAG Study was tabled until these employee
meetings were held. She noted that all members of Council were invited to attend the meetings.
After meeting with the employees, Council President Williams indicated that employee
comments were returned to the department to verify accuracy, submitted to the City Clerk, and
then forwarded to City Council.
Council President Williams reviewed a Presentation of the Summary of Pay for Performance
(PFP) Employee Meetings (included as an attachment to the Committee minutes).
Referring to the statement in the Presentation that "employees are told that Council is responsible
for current methodology", Mr. McGiffin inquired what that methodology was.
Responding, Council President Williams explained that this refers to the fact that Council
implemented "across the board" pay increases, even though the pay for performance evaluation
system was being used. She indicated that the same methodology for pay increases was provided
for all employees regardless of whether or not employee goals were achieved.
Council President Williams stated that increases were considered during the budget hearings,
and a fixed rate increase for all employees was implemented to "correct" budgetary issues. She
felt that Council was not given information regarding the effect this would have on employees.
She indicated that, as a member of Council, she was not aware that employees who had
completed a majority of their goals, or in some cases all of them, would be treated the same as
those employees who did not complete their goals.
Mr. McGlumphy explained that some employees stated that they understood that the
methodology originally established was to provide pay increases based on performance, and they
felt that the methodology was changed by Council when across the board increases were
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 18
provided. As a result, he advised members that a majority of the employees relayed opposition.
It was Mr. McGiffin=s understanding that Council took the action to provide across the board pay
increases as a compromise measure due to the City=s economic situation at the time and that he
was aware of the effect of Council=s action in this regard; therefore, the results were clearly
Council=s responsibility.
In response, Council President Williams stated that when she voted in favor of the increase, it
was her understanding that the total 3.5% increase would be doled out according to pay for
performance procedures. When employees questioned the across the board raise, staff indicated
that this was the result of Council=s action and that they would need to talk to Council regarding
this matter.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 19
Mr. Hogan stated that his interpretation of Council=s action was the same as that of Mr.
McGiffin. He requested further explanation regarding the statement that "many executive
decisions are conducted without awareness or knowledge of Council". Responding, Council
President Williams stated that employees provided information and data regarding executive
decisions that were made without the knowledge of herself, Mr. McGlumphy, or other members
of Council who were present at the meetings; however, the employees were advised that these
decisions were vetted through Council. She reiterated that she is serving as a messenger of
information provided by employees and assured members that she could review her notes to
provide more specifics regarding this matter.
Dr. Jones questioned the supervisory authority/responsibility of the Human Resources Director
based on the correspondence and information regarding Mr. Peter Gregg (see Attachment #1
included in the Committee minutes) and on the presentation under goal setting, bullet number
two (2). Responding, Mr. DePrima, City Manager, indicated that there is some confusion
regarding the term "pay for performance", which refers to the evaluation system, but is being
used in discussions which go beyond the evaluation. With regards to Mr. Gregg, he explained
that the concern is with the overall compensation system and not pay for performance.
Unfortunately, he stated, the term "pay for performance" has been used to discuss both systems.
Mr. DePrima advised members that there is an appeal process for the pay for performance
evaluation process. He stated that there is no appeal process for the compensation system, which
is relevant to the concerns relayed by Mr. Gregg. The compensation system is conducted by
consultants and is outlined in a report to the Committee; therefore, there is no employee appeal
process. The compensation system addresses compensation points and has nothing to do with
Mr. Gregg=s evaluation.
With regards to the role of the Human Resources Department, Mr. DePrima stated that this
department is responsible for determining whether the grade indicated on an evaluation is
justified by the language provided. This justification is required for both high and low grades.
In addition, Mr. DePrima stated that the Human Resources Department is also responsible for
assuring that the goals are detailed (strategic, measured, attainable, realistically high, and time
bound). The only role the Human Resources Department has with the compensation system is to
assure that the data provided to the consultant is accurate.
Mr. McGlumphy suggested that Mr. DePrima review the presentation provided and respond to
the Committee within the next month.
Responding, Mr. DePrima stated that there is an expectation among employees that Council will
be taking action regarding this matter. He reminded members that staff presented the MAG
overview of recommendations to the Committee in November 2009 and that there were 21
recommendations for improvements to the pay for performance system, there was a policy
presented, and that employees have waited for four (4) months for action. It was his feeling that
to delay action for another month would be unfair and requested that the MAG overview of
recommendations be discussed at the next Legislative, Finance, and Administration Committee
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 20
meeting.
The Committee recommended that this matter be tabled until the next Legislative, Finance, and
Administration Committee meeting and that the Chair do his best to assure this is an agenda item
to allow for discussion at that time.
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Latest Estimate (LE) for Fiscal Year 2010 Budget
Mrs. Teresa Tieman, Senior City Administrator, reviewed the Latest Estimate (LE) for the Fiscal
Year 2010 Budget. She advised members that the purpose of the report is to provide City
Council with a recent estimate of the City=s Budget for FY 2010. Mrs. Tieman explained that the
report contains a series of revisions that were made to the City=s Budget, which include the Prior
Year Balance, Loss of Municipal Street Aid, impact of the Fraternal Order of Police (FOP)
Settlement, and revised expenses for power supply and generation that positively impact the
Electric Fund. She also noted that during the City Council meeting of January 25, 2010,
members were provided with the Quarterly Revenue Report as of December 2009, which
included deductions in revenue as well as any changes to the Utility Forecast models and have
been reflected in the latest estimate.
Mrs. Tieman also indicated that the impact of the reduced number of furlough days for non-
bargaining, FOP, IUE, and IBEW employees from 11 to 9 days is detailed in the report. Hiring
freeze reductions, which include reductions in benefits, are also reflected in this update. A
second shift of ambulance coverage and the estimate for the winter snowstorms of 2010 are also
included in this latest estimate.
Mrs. Tieman advised members that the General Fund balance projection will not meet the
financial policy criteria. She explained that the fund balance is equal to approximately 7.87% of
revenues and, while not compliant, it is close to the policy of 8% of revenues. Mrs. Tieman
stated that the Water and Wastewater Fund balance exceeds policy guidelines of 12%: Water is
25% ($676,265 in excess) of revenues and Wastewater is 27.6% ($533,562 in excess) of
revenues. She indicated that the Electric Fund balance is in compliance with policy, noting that
the current fund level is 11.6% of the fund balance.
Responding to concerns of Mr. Ruane, Mr. Anthony DePrima, City Manager, stated that most of
the Water/Wastewater projects are being financed this year through loans and bonds. He noted
that the biggest expense in the Wastewater fund is the Inflow and Infiltration (I&I) expenses.
Mr. DePrima stated that the City would have to take action to address the shortfall in revenues
and reminded members that this was mentioned during the Council Retreat on January 25, 2010.
He assured members that departments are taking every action available to reduce expenses;
however, he noted that although the large decrease in expenses is necessary, it is difficult when
all capital projects have been eliminated.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 21
Presentation - Comprehensive Annual Financial Report - Fiscal Year Ended June 30, 2009
Due to time constraints, Mr. McGlumphy stated that the Presentation of the Comprehensive
Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2009 would be deferred until
the next meeting.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 22
FY 2011 Five-Year Capital Investment Plan (CIP)
Due to time constraints, Mr. McGlumphy stated that the FY2011 Five-Year Capital Investment
Plan (CIP) would be deferred until the next meeting.
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mr. Salters and carried by a unanimous
roll call vote.
SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE REPORT - MARCH 24, 2010
The Parks, Recreation, and Community Enhancement Committee met on March 24, 2010 with
Chairwoman Russell presiding.
Community Development Block Grant (CDBG) Application Review
Mrs. Harvey, Community Development Manager, noted that members would be serving as the
Community Development Block Grant (CDBG) Review Panel for the CDBG Applications for
Fiscal Year 2010. As such, members were provided a list of applicants and staff reports
summarizing each application, a CDBG interview schedule, a breakdown of Federal resources
available for use and the total amount of grant funds requested, CDBG scoring criteria, and a
CDBG Grant Application Review Sheet for each applicant. She requested that members
summarize their evaluation of each application on the CDBG Grant Application Review Sheet
and provide a score based on information presented. Mrs. Harvey explained that the numbers in
parenthesis next to each measure indicate the maximum score for a given category and that the
maximum total points is 100.
Mrs. Harvey advised members that the total grant available for activities is $227,434 and
explained the allocation requirements of the grant, as follows:
CDBG Funds Allocation $274,000
Anticipated Program Income $ 10,292
Total CDBG Funds $284,292
20% of the grant must be allocated for $284,292
Program Administration x.20
$56,858
Grant Funds Available for Activities $227,434
Total Grant Funds Requested $433,938.37
Mrs. Harvey cautioned that, according to CDBG requirements, public service activities cannot
exceed 15% of the total grant amount ($42,643).
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 24
Oral Presentations
Each applicant was provided an opportunity to make oral presentations before the Committee, as
follows:
GEM Properties - 217-219 West Reed Street - $14,350
Mr. David Pierson and Mr. Matthew Davis, Principals for GEM Properties, reviewed the grant
application, in the amount of $14,350. Mr. Pierson explained that the request is to introduce
Americans with Disabilities Act (ADA) upgrades to two (2), first-floor, one (1) bedroom
apartment units. Mr. Pierson stated that plans for the project include: 1) creation of two (2) ADA
compliant ramps on either side of the apartment house; 2) installation of new wooden gates at the
front of the apartment dwelling on both the left and right sides to facilitate ease of access to the
dwelling units; 3) construction of a fence to divide the common backyard into two (2) distinct
backyard areas; 4) installation of two (2) new ADA compliant back doors; and 5) creation of a
"garbage can keeper" on the front, left side of the building. He noted that the dwelling currently
houses four (4) low to moderate income residents.
In response to Mrs. Russell, Mr. Pierson noted that on-street parking is available for the dwelling
and there is no curb cut-out at the present time; however, the proposed ramps will provide
gradual access from the existing sidewalk. He noted that the purpose of the proposed gate would
be to provide security and that a gradual slope will be provided to grant access to the building
entrance.
Mrs. Harvey indicated that, because the property is located in the Historic District, the project
would require review by the State Office of Historic Preservation.
First State Resource Conservation & Development Council, Inc. (RC&D) - $40,000
Ms. Christine L. Stillson, Project Director for the First State Resource Conservation &
Development Council, Inc. (RC & D) Emergency Home Repair Project, reviewed the grant
application, in the amount of $40,000, to make repairs to homes in Dover which are owned by
very low income homeowners. Members were provided a memo dated March 24, 2010,
summarizing Ms. Stillson=s remarks (included as an attachment to the Committee minutes). She
stated that projects undertaken by her organization typically include repairs of an emergency
nature which involve heating systems, electrical work, plumbing, and roof repairs, as well as
smaller requests such as window replacement and construction of ramps for handicapped
individuals. Ms. Stillson noted that, to date, eight (8) homes within the corporate limits of Dover
have been repaired with the CDBG funds received last year. Over the past five (5) years, RC &
D has repaired 38 homes as a grant sub-recipient at an average cost of $2,500 per home. She
noted that the homeowners served represent a diverse population. Ms. Stillson stated that the
funds requested would provide repairs to an estimated ten (10) to fifteen (15) homes and the
average repair would be approximately $3,200. She noted that the organization strives to
preserve the existing stock of homes in Dover by supporting rehabilitation of owner-occupied,
low income homes. She emphasized that the need in this area continues to be great.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 26
Connections Community Support Program - $15,000
Ms. Sarah Weimer, Grant Manager, and Ms. Leslie Catts, Director of Homeless Services,
reviewed the grant application, in the amount of $15,000, stating that funds are being requested
to finance motel stays for homeless people in Delaware. Ms. Weimer explained that there is
frequently a transitional period before homeless individuals can be accommodated in local
shelters or permanent supportive housing, and the provision of hotel vouchers helps to bridge
that gap. She noted that two (2) years ago, Connections received a $15,000 CDBG grant and,
over a five (5) month period, was able to assist 69 homeless people.
In response to Mr. Lewis, Ms. Weimer indicated that most clients are accommodated for a one
(1) week period at an average rate of $250-275 per week.
In response to Mr. Hogan, Ms. Weimer indicated that very few clients are repeat users,
estimating that out of the 69 clients served during the previous year, one (1) or two (2) returned
for additional services.
People=s Place II, Inc. - $9,338.37
Mr. Del Failing, Associate Director, People=s Place II, reviewed the grant application, in the
amount of $9,338.37, and advised members that the funding request is to upgrade the
heating/ventilation/air conditioning system at the Ruth Dorsey Emergency Homeless Shelter. He
noted that this upgrade will improve the energy efficiency of the HVAC system and will result in
lower propane and electric bills.
Responding to Mr. Hogan, Mr. Failing explained that People=s Place II, which is based in
Milford, was established in the 1970's and provides services as far north as Townsend and as far
south as Millsboro. He noted that the organization combats domestic violence by providing a
variety of services such as counseling, a 24-hour hotline, psycho-educational groups for
batterers, treatment for victims of violence, including youth and adults, and programs for
veterans. Mr. Failing also noted that the organization operates residential shelters and foster care
homes. He stated that People=s Place II assumed ownership and operation of the Whatcoat
Shelter in Dover in October of 2009 and is performing a number of renovations to this site.
Responding to Mr. Ruane, Mr. Failing stated that the organization has not explored State or
Federal funding sources for grants related to projects that promote energy efficiency; however,
he concurred that this would be a good option to explore for other planned projects.
Central Delaware Habitat for Humanity (CDHFH) - $40,000
Ms. Jocelyn McBride, Executive Director, Central Delaware Habitat for Humanity (CDHFH),
reviewed the grant application, in the amount of $40,000, and explained that the request is to
rehabilitate the property located at 101 Jefferson Court in Dover. She explained that, in 2006,
the City of Dover declared this dwelling to be a dangerous property and began an environmental
clean-
up. At the completion of the clean-up, the property was boarded up and, due to the economy, the
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 27
City was unable to sell the property until October 2009, when CDHFH purchased the property.
The property was completely gutted by the City, and the integrity of the structure remains solid.
Ms. McBride noted that it is the goal of CDHFH to renovate the dwelling to be a simple, decent,
affordable home for a moderate-income family. She stated that this project will benefit the
surrounding property owners, as well as the family who will occupy the home. Ms. McBride
read into the record a statement submitted by Mrs. Renai Comstock, one of the prospective
property owners, as follows:
"Hello, my name is Renai Comstock, and my family was selected as a partner
family with Habitat for Humanity. We chose a home to be rehabbed in the City
of Dover, 101 Jefferson Court, to be exact. We chose this location because my
husband works in Cheswold and I work in Dover, so it is kind of in the middle for
us. Also, my children go to school in the Caesar Rodney School District, and it is
important for us to reside in Dover because Dover has been very welcoming to
our family since we moved here in March of 2008. We will not only have the
opportunity to purchase our own house, we will now finally have a home - a place
for our children to feel safe and have no more worries for our future. Habitat has
been a Godsend to our family. So, in closing, I would like to just say thank you to
Habitat for this generosity, and to the City of Dover for having such a beautiful
city to call home."
Ms. McBride stressed that CDHFH has operated very successfully in the area, having built 12
homes within Dover City limits, none of which have been foreclosed on and two (2) of which
have been paid off. She indicated that this project would be the first renovation project for the
organization, noting that typically their dwellings are constructed from the ground up.
Diamond State Community Land Trust (DSCLT) - $40,000
Mr. Van Temple, Executive Director of the Diamond State Community Land Trust (DSCLT),
reviewed the grant application, in the amount of $40,000, and advised members that the request
would allow for the purchase and thorough renovation of one (1) single-family home in
Northwest Dover Heights, Lincoln Park, or surrounding areas for a low-income family. He
noted that one of the criteria for selecting the home will be the roof orientation and size, so that
solar panels can be installed to provide energy for solar hot water and possibly electricity
generation to achieve maximum benefit from these renewable energy investments. Mr. Temple
provided members with a cost breakdown for the Dover Community Development Block Grant
(CDBG) Request (included as an attachment to the Committee minutes) for review.
In response to Mr. Hogan, Mr. Temple indicated that, under this program, the homeowner will
purchase the home; however, DSCLT will retain ownership of the land. The homeowner will
sign a 99-year renewable lease for exclusive rent of the land for a set, below-market fee of $40
per month. Mr. Temple explained that the rental fees collected by DSCLT help to fund the
organization. In addition, he stated that, under this model, DSCLT homes are affordable not only
for the first time buyer but for future buyers of the property as well.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 28
In response to Mr. Ruane, Mr. Temple explained that CDBG funds would be used for the
purchase of the land rather than for renovations. Mrs. Harvey confirmed that this is an eligible
use of CDBG funds.
Mr. Hogan suggested that pictures of properties and a map with a description of the location
would be useful in evaluating applications in the future.
Tolano and Cathy Anderson - 301-305 West Loockerman Street - $62,500
Due to the failure of the applicant to appear, there was no action taken on this application.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that
Mr. Hogan would not be present for the afternoon portion of the meeting and noted that he had
provided a score for all applications reviewed during the morning session.
City of Dover Streets Project - $100,000
Mr. Anthony DePrima, City Manager, and Mr. Scott Koenig, Public Services Manager/Director
of Public Works, reviewed the grant application, in the amount of $100,000. Mr. DePrima
reminded members that the Community Development Block Grant (CDBG) program was created
by the Federal government to assist local governments in providing for the needs of low and
moderate income residents. He explained that municipalities are often shouldered with
providing infrastructure repairs such as street, sewer, and sidewalk work, in neighborhoods
where property values are not high and there is not a great amount of tax income. For this
reason, he stated, the Federal government incorporated a category for public infrastructure
improvements within the CDBG program. Mr. DePrima explained that the City of Dover is
facing reduced revenues and increased costs and needs funds for street improvements in low and
moderate income neighborhoods. In addition, he reminded members that three (3) to five (5)
years ago, the Committee made a commitment to fund street improvements over a series of years
and, as a result, new sidewalks were constructed and repaving was done in the area north of
Loockerman Street on New, Queen, Kirkwood, and West Streets. He noted that, if funds were
approved, target areas would likely include Mitscher Road or other streets where a majority of
residents are low or moderate income, or streets located in a low or moderate income census
track. He added that the downtown area south of Loockerman Street should also be addressed at
some point.
Mr. Koenig explained that the City of Dover manages just over 100 miles of streets and alleys
and this network is growing. He noted that there are a number of streets throughout the City
which are aging and the past winter has been very hard on pavement. He explained that street
funding is typically drawn from the City=s General Fund as part of an annual appropriation
request received from area legislators under the Community Transportation Program
(discretionary funds that legislators can use for transportation-related projects), or has been
funded through CDBG grants. Mr. Koenig noted that receiving CDBG funds would allow staff
to leverage additional funds for an overall City street program. He advised members that a large
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 29
number of individuals would benefit from the program.
In response to Mr. Ruane, Mr. DePrima noted that South Queen and South New Streets are both
in very bad condition, but neither are in a low to moderate income census track; therefore,
residents on these streets would have to be surveyed to prove a majority of low and moderate
income.
Mr. Koenig stated that South New Street from Loockerman Street down to Water Street is the
third worst pavement section on the project list and was last paved in 1982. He estimated the
cost of the project at between $225,000 and $250,000.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 30
He requested the opportunity to return to the Committee with a proposal for an allocation for the
streets program from future CDBG allocations. Mr. DePrima noted that receiving a multi-year
commitment from the Committee to address a particular area, possibly the South New and South
Queen Street area, would enable staff to develop an area-wide strategy to present to legislators
and City Council in order to leverage funds from the General Fund and discretionary funds.
Mr. Ruane stated that if funds were allocated to the Streets Project, his preference would be to
know specifically which area would be targeted.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, indicated that
some City streets are located in an approved low to moderate income census track and, therefore,
automatically meet CDBG requirements, whereas other areas would potentially require a survey.
She noted that the 2010 census data should be available next year and could alter the requirement
for a survey.
City of Dover - Housing Rehabilitation Program - $60,000
Mrs. Tracey Harvey, Community Development Manager, reviewed the grant application, in the
amount of $60,000, and explained that the request is for funds to be used in the City of Dover=s
Housing Rehabilitation Program to rehabilitate up to five (5) houses. She noted that the
program=s 2008 waiting list has been depleted and all applicants have been served. In January,
the waiting list was reopened and 20 applicants have been placed on that list. Mrs. Harvey stated
that remaining funds from last year=s program will be used to repair four (4) to five (5) homes,
and another four (4) to five (5) homes are planned for renovation in the fall, so a total of eight (8)
to ten (10) homes will be rehabilitated during the year. She noted that the program has been very
successful and there is a great demand for it.
Mrs. Horsey stated her support for this program as it assists in bringing houses up to code and
allows residents to continue to occupy their dwellings.
Home Ownership Assistance Program (City of Dover Community Development Project) -
$50,000
Mrs. Tracey Harvey, Community Development Manager, reviewed the grant application, in the
amount of $50,000, and explained that the request is for funds to provide five (5) first time home
buyers with down payment assistance or closing costs to purchase affordable housing in the City
of Dover. She noted that there is a great need for this program, that all FY 2009 project funding
has been expended, and that she has received numerous calls of interest from potential
homeowners and housing providers in Dover.
Review/Scoring of Community Development Block Grant (CDBG) Applications
Members reviewed and discussed the various CDBG grant applications to develop a score for
each applicant.
The Committee recommended that the application for grant funds for 301-305 West Loockerman
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 31
Street not be reviewed any further by the Committee, due to the failure of the applicant to appear
for the interview, although staff provided him with a letter notifying him of the date and time of
the scheduled CDBG review and discussed this further with him by telephone.
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Ruane suggested that future application packages contain a statement indicating that a time
and date will be set for application review by the Committee and that failure to attend will result
in withdrawal from consideration.
Mr. Lewis suggested that the package include a request to the applicant to return a written
acknowledgment of receipt.
Mr. Ruane expressed his support for the City of Dover Streets Project; however, felt that targeted
areas should be identified so that funds are not blended into the General Fund.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, explained that
funds could not go into the general program and must be spent on an eligible street. She noted
that the Committee could request by motion that staff provide a list of recommendations of
targeted areas; however, she noted the challenges of the timeframe involved since there is no
way to anticipate what legislators will allocate for streets during the next fiscal year.
After a period of discussion, members conducted a review of each grant application and provided
individual scores on the CDBG Grant Application Scoring Sheet for all applicants (as on file in
the Office of the City Clerk), and staff tallied the scoring sheets. Members agreed to fund the
First State Resource Conservation District (RC&D), Connections Community Support Program,
Central Delaware Habitat for Humanity, and the City of Dover Housing Rehabilitation Program
at 80% of the requested level, and to allocate the remaining funds to the City of Dover Streets
Program.
Based on the scoring of the grant applications, it was noted that the Committee supports the
distribution of the CDBG grant monies, as follows:
Amount Amount
Applicant Requested Recommended
First State Resource Conservation
and Development Council (RC & D) $ 40,000 $ 32,000
Connections Community Support Program $ 15,000 $ 12,000
Central Delaware Habitat for Humanity $ 40,000 $ 32,000
City of Dover Streets Program $ 100,000 $ 63,434
City of Dover Community Development Projects:
Housing Rehabilitation Program $ 50,000 $ 48,000
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 32
Homeownership Assistance Program $ 50,000 $ 40,000
The Committee recommended approval of the distribution of the Community Development
Block Grant (CDBG) monies based on the scoring of the grant applications conducted by the
Committee.
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. McGlumphy moved for acceptance of the Parks, Recreation, and
Community Enhancement Committee Report, seconded by Mr. Salters and carried by a
unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT -
MARCH 24, 2010
The Safety Advisory and Transportation Committee met on March 24, 2010 with Chairman
Slavin presiding.
Truck Route Traffic: West of Dover through Bicentennial Village
Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that a
complaint was received from a resident regarding noise and danger to pedestrians due to
commercial trucks traveling on residential roads, including Walker Road and Independence
Boulevard extending to Superfresh/Ace Hardware. The complainant requested that signs
prohibiting trucks over 5,000 lbs., except for local deliveries, be placed in these areas. Mr.
Koenig stated that this request was approved and that signs would be installed on Walker Road
and just past the northbound entrance of Superfresh by March 26, 2010.
Mr. Koenig stated that the same resident requested the installation of similar signs on Walker
Road from Saulsbury Road to Kenton Road, on College Road from Saulsbury Road to Kenton
Road, and on Fire School Road. He indicated that a letter to the Delaware Department of
Transportation (DelDOT) has been drafted and, if approved, City-maintained signs will be
installed at those locations as well.
Mr. Koenig further mentioned that there might be a need for signs to warn drivers that truck
traffic is prohibited on certain streets to help police with enforcement.
Mr. Koenig stated that another component of the complaint was noise from motorcycles and loud
mufflers; however, he noted that these issues cannot be addressed by the Public Services
Department.
Police Chief Jeffrey Horvath stated that after the signs have been installed, soft enforcement,
with the issuance of warnings, will be in effect for up to two (2) weeks. He further mentioned
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 33
that the noise complaints are city-wide and will be enforced with tickets; no warnings will be
issued.
Responding to Mr. Gary Laing, DelDOT Community Relations Officer and Public Relations
Liaison, Mr. Anthony DePrima, City Manager, stated that the sign verbage "Local Deliveries
Only" is acceptable to eliminate the need for custom signs.
In response to Mr. Harmon, Chief Horvath stated that information regarding "local deliveries
only" could be placed on the bottom of electric bills and on the City=s website. Mr. DePrima
noted that notifications would be sent out to the tenants at Greentree Shopping Center.
The Committee recommended approval of the actions presented by staff and requested staff to
provide an update during the April 12, 2010 City Council Meeting.
As requested by Mr. Slavin, Mr. Koenig advised that the signs on Independence Boulevard have
been erected north of the Superfresh entrances and signage has also been installed on
Independence Boulevard near the intersection of Walker Road. He stated he received an email
from Lt. Alan Rachko, Dover Police Department, stating that the Department would prefer to
have advance warning signs posted, in fairness to motorists, and Mr. Koenig anticipated that
these would be installed by the end of the week.
Mr. Koenig noted that the second component of the request was for the same type of restrictions
on both Walker Road and College Road from Kenton Road to McKee Road. He advised
members that these are both State maintained right-of-ways and that a request letter has been
drafted and will be forwarded on April 13, 2010. Mr. Koenig indicated that, if the State is
agreeable, the City will erect truck posting signage on behalf of the State. He stated that there
may be a need to provide advance warning signs; therefore, the issue may not be totally resolved
for an additional 30 days.
Police Chief Hosfelt advised members that the Community Policing Unit will visit businesses in
the area to make them aware of the change and request that delivery drivers be briefed on the
restrictions. The Police Department will begin enforcement once the correct signage has been
erected.
Mr. Slavin moved for approval of the Committee=s recommendation for approval of the
action presented by staff, seconded by Mrs. Russell and unanimously carried.
FY 2011 Five-Year Capital Investment Plan (CIP)
Members reviewed the FY 2011 Five-Year Capital Investment Plan (CIP). Mr. Anthony
DePrima, City Manager, offered to respond to any questions that members might have regarding
the submitted report.
Responding to Mr. Slavin, Mr. DePrima stated that the road life of a police vehicle is
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 34
approximately four (4) to five (5) years.
In response to Mr. Hogan, Mr. DePrima stated that the engine and rescue trucks for the Fire
Department are on a three (3) year cycle and the ladder trucks are on a fifteen year cycle.
Mr. DePrima advised members that he will hold a meeting with Fire Chief Sean Christiansen,
Mrs. Teresa Tieman, Senior City Administrator; and Mrs. Donna Mitchell, Controller/Treasurer,
to discuss longer finance terms on fire vehicles and fire vehicle replacement cycles.
The Committee recommended acceptance of the report.
By consent agenda, Mr. McGlumphy moved for approval of the Committee=s
recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Update on Wyoming Mill Road Project (Gary Laing)
Mr. Gary Laing, DelDOT Community Relations Officer and Public Relations Liaison, advised
members that a public workshop to discuss the Wyoming Mill Project would be held at the Pitts
Center on April 21, 2010 from 4:00 p.m. to 7:00 p.m.
Mr. Koenig advised members that all phases of the construction project are fully funded and that
no additional matching funds would be required. He noted that utility construction will begin in
the Fall of 2010.
Mr. Laing noted the following:
• DelDOT has approved a request from the Dover/Kent County Metropolitan Planning
Organization (MPO) to prohibit left turns from westbound North Street unto southbound
West Street.
• Construction for the four (4) way traffic signal at the entrance/exit to Eden Hill on North
Street will begin as early as April.
• Construction on the transit hub will begin shortly and is funded through Recovery Act
monies in the amount of $4.4 M; buses from that location should begin running as early
as December 2010.
Responding to Mr. Slavin, Mr. Laing stated that the North State Street repaving project should
begin sometime in April.
In response to Mr. Ruane, Mr. Laing advised members that paving on south Governors Avenue
should begin in mid-to-late April; however, this has not been confirmed.
Discussion - Concerns Related to New Traffic Light on Rt. 13 (at Gena=s Steaks and Kirby
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 35
& Holloway Crossover)
Members were provided a letter from Mr. Clive Sadler regarding the traffic light installed at the
intersection of Route 13 and Lepore Road, between Kirby & Holloway and Gena=s Steaks
(included as an attachment to the Committee minutes). Mr. Slavin advised members that since
this item was added to the agenda, no action would be taken; however, the topic would be open
to discussion.
Mr. Laing advised members that prior to the installation of the light, motorists were making poor
decisions, resulting in severe accidents, including side collisions and fatalities. The light was
installed to give motorists a safe amount of time to make a left turn.
Mr. Slavin requested that copies of any correspondence regarding this matter be forwarded to the
City of Dover.
Mr. Slavin moved for acceptance of the Safety Advisory and Transportation Committee
Report, seconded by Mrs. Russell and unanimously carried.
Page 36
CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 36
MONTHLY REPORTS - FEBRUARY 2010
By motion of Mr. McGlumphy, seconded by Mr. Salters, the following monthly reports
were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
City Planner=s Report
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY SPECIAL ELECTION -
APRIL 19, 2010
A Special Election for the Robbins Hose Company is scheduled for April 19, 2010. The
following persons have been recommended to serve as judges for the election:
1. John Hurd 2. Jack Mitchell 3. Nancy Auten (alternate)
By consent agenda, Mr. McGlumphy moved for approval of the appointment of judges for
the Robbins Hose Company election, seconded by Mr. Salters and carried by a unanimous
roll call vote.
FINAL READING - PROPOSED ORDINANCE #2010-05
The First Reading of the following Proposed Ordinance was accomplished during the Council
Meeting of March 22, 2010.
Proposed Ordinance #2010-05 Amending Chapter 2 - Administration, Article VI - Other
Post-
Employment Benefits Fund, Section 2-505 - Medicare Part B Premium Reimbursements
Mr. Ruane moved that the Final Reading of the Proposed Ordinance be acknowledged by
title only, seconded by Mr. Leary and unanimously carried.
Mr. Ruane moved for adoption of Ordinance #2010-05, seconded by Mr. Leary and carried
by a roll call vote of eight (8) yes and one (1) no (Mr. Hogan):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, be
amended by inserting a new Section 2-505 - Medicare Part B Premium Reimbursements, as
follows:
Sec. 2-505. Medicare Part B Premium Reimbursements
Page 37
CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 37
On July 27, 2009, Counci1 approved the recommendation of the Legislative, Finance, and
Administration Committee's recommendation not to provide for Medicare Part B premium
reimbursement for all non-bargaining employees which applied only to new hires after July 27,
2009.
The City currently provides Medicare Part B premium reimbursement for all other non-
bargaining employees and the Legislative, Finance, and Administration Committee recommends
that this practice be continued provided that it is clearly stated and understood that the decision
of Council, if approved by Council, is not vested and can be changed or eliminated at any time.
The City of Dover shall continue to provide Medicare Part B premium reimbursements for all
non-bargaining employees other than those new hires after July 27, 2009, as it has done in the
past, provided that this is not to be considered a vested right and can be changed or eliminated by
Council at any time by ordinance or resolution enacted to that effect and, further, that as required
by the Charter, Section 3, the fund for payment of the costs of such premium reimbursement
shall be continued as in the past.
ADOPTED: APRIL 12, 2010
COUNCIL MEMBERS ANNOUNCEMENTS
Council President Williams announced that Comcast has moved the television coverage from
Channel 21 to Channel 14.
Mr. McGiffin reminded members to mark their calendars for June 26, 2010, for the next African
American Festival, which will feature music of the Drifters.
Mr. McGiffin also announced that the City of Dover 2010 Municipal Election will be held on
Tuesday, April 20th, between the hours of 7:00 a.m. and 8:00 p.m. The polling places are as
follows:
1st and 4th Districts - Elks Lodge #1903 entrance at the rear of the building
200 Saulsbury Road
2nd District - Seventh Day Adventist Church
647 Wyoming Avenue
3rd District - Dover Park and Recreation Center
1210 White Oak Road
Mr. Salters advised members that Africa Our Friend, a production by Don Blakey, will be held
at the Kirkwood Community Center during the weekends of April 29 and May 6, 2010,
beginning at 7:00 p.m.
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CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 38
Mr. Ruane reminded the public to complete and mail their Census forms.
Mr. Leary moved for adjournment, seconded by Mr. McGlumphy and unanimously
carried.
Page 39
CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 39
Meeting Adjourned at 8:23 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
April 12, 2010, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 225 North Bradford Street, owned by
D&S Investments Co., LLP
Exhibit #2 - Rezoning Petition - Property Located at 1051 College Road, owned by Lands of JNK, LLC
Exhibit #3 - Addendum to Curbside Recycling Agreement with the Delaware Solid Waste Authority
Page 40
EXHIBIT #1
Regular Council Meeting of 04/12/2010
Violation of Dangerous
Building Ordinance
225 North Bradford Street
Public Services Department
EXHIBIT #1
Dover, Delaware
Regular Council Meeting of 04/12/2010
Page 41
225 North Bradford Street
Case History
The subject property currently has four (4) open
Code Enforcement cases, three (3) relating to the
rear of the property:
– Condemnation of barn in rear yard (3/23/2010)
– Junk and debris in yard (opened 9/2009)
– Disrepair of barn in rear yard (opened 3/2008)
Neighbors attended open forum prior to the City
Council meeting on March 22, 2010 regarding the
condition of the property.
Staff followed up with an inspection and
contacted the property owners.
Page 42
Code Citation
Chapter 22, Article XI
Sec. 22-388. Emergency cases.
In cases where it reasonably appears that there is an
immediate danger to the life or safety of any person,
unless a dangerous building is immediately repaired,
vacated and closed, or demolished, the building
inspector shall report such facts to the council, which
may cause the immediate repair, vacation, or
demolition of such dangerous building. The costs of
such emergency repair, vacation or demolition of such
dangerous building shall be collected in the same
manner as provided in section 22-385(5).
Page 43
225 North Bradford Street
Status of Violations
Garbage removed from yard (complete
3/25/10)
Barn partially demolished (photos 4/12/10)
Page 53
Recommended Council Action
Declare this accessory building dangerous.
Order the property repaired or demolished by May 12, 2010.
Order the Building Inspector to cause the repair or demolition of
the structure if not completed by the owner within (10) days of
the date set by Council.
Order the City Manager with the assistance of the City Solicitor
to cause the cost of repairs or demolition to be charged against
the land on which the building exists as a municipal lien or
cause such cost to be added to the tax duplicate as an
assessment, or to be levied as a special tax, or to be recovered
in a suit at law against the owner.
Page 54
EXHIBIT #2
Regular Council Meeting of 04/12/2010
PETITION TO AMEND AND ZONING DISTRICT
Public Hearing before the Dover City Council
April 12, 2010
Applicants/Owners: JNK, LLC
Location: 1051 College Road
North Side of College Road, West of McKee Road
Tax Parcel ID #: ED-05-067.00-01-35.03-000
Size: 4.32+/- acres
Present Use: Vacant – Previously approved for Senior Citizen PND
Proposed Use: Residential – Garden Apartments
Comprehensive
Plan Designation: Residential Medium Density
Present Zoning: R-8 (One Family Residence Zone)
Proposed Zoning: RG-2 (General Residence Zone)
Reason for Request: To construct medium density residential dwellings without age
restriction
Recommendation of Following a public hearing before the Planning Commission on
Planning Commission March 15, 2010, Planning Commission moved 6-0 to
recommend approval of the rezoning request.
File Number: Z-09-05
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Z-09-05 Lands of JNK, LLC
Report to City Council – April 12, 2010
Page 2
Existing Property
The property is currently zoned R-8 (One Family Residence Zone). It was previously approved
by the Planning Commission as The Arbors: Planned Neighborhood Design - Senior Citizen
Housing Option (C-07-05). As a part of this approval, a road right-of-way was recorded through
the site, connecting College Road with Topaz Circle in Emerald Pointe.
Surrounding Land Uses:
The property is surrounded to the north, west and east by residential uses. To the southeast,
across College Road, there is a church. Emerald Pointe, to the north is zoned R-8 (One Family
Residence Zone), and Hidden Oaks, to the west, is zoned R-10 (One Family Residence Zone).
The adjacent parcel to the east is zoned R-8 (One Family Residence Zone) has an existing
residential use.
Comprehensive Plan:
The 2008 Comprehensive Plan depicts the subject area as Residential Medium Density land use
on the Land Development Plan Map. The requested zoning classification of RG-2 is consistent
with the 2008 Comprehensive Plan.
Request for RG-2 (General Residence Zone)
The following description of the RG-2 zoning district is provided from Article 3 §2 of the Zoning
Ordinance.
Section 2. General residence zones (RG-1 and RG-2).
2.1Uses permitted. In a general residence zone, no building or premises shall be
used, and no building or part of a building shall be erected, which is arranged,
intended or designed to be used, in whole or in part, for any purpose, except the
following:
2.11 Any use permitted in one-family residence zones, except that:
Not more than one professional office or studio, other than accessory to a use
otherwise permitted, shall be permitted for each 25 dwelling units or major fraction
thereof on the lot. Such office or studio shall be only on the street floor of any
building and on the floor immediately above the street floor only if there [shall] be
direct access to such office or studio from outside the building.
2.12 Garden apartments limited to placement within the RG-2 district only.
2.13 Off-street parking accessory to uses located within the central commercial C-2
zone, provided that:
(a) Such parking is situated not more than 150 feet from the C-2 zone.
(b) Parking areas are screened by landscaping from adjoining properties used for
residence.
(c) Illumination of parking areas is shielded from the view of adjoining properties
used for residence.
2.14 Reserved.
2.2Performance standards. All uses are subject to performance standards as set
forth in article 5, section 8.1.
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Z-09-05 Lands of JNK, LLC
Report to City Council – April 12, 2010
Page 3
2.3Site development plan approval. Site development plan approval in accordance
with article 10, section 2 hereof shall be required prior to the issuance of building
permits for the erection or enlargement of all structures and related accessory
structures. Such approval shall also be required prior to the issuance of certificates of
occupancy for a change of use.
2.4[Conditional uses.] Conditional uses permitted upon the approval of the planning
commission in accordance with the procedures and general conditions set forth in
article 10, section 1 of this ordinance:
(a) [Omitted, as it only applies to RG-1]
(b) Student homes subject to the following siting and bulk criteria:
i. No student home shall be located closer than 500 feet from any other
student home.
ii. The maximum allowable occupancy shall be four persons or the
occupancy limit as determined by the building and fire codes adopted by the
City of Dover, whichever is less.
iii. Two off-street parking spaces shall be provided per dwelling unit.
iv. A student home shall not be permitted to be established within any semi-
detached dwelling, duplex dwelling, group dwelling, or townhouse dwelling
unit.
v. Buildings or groups of buildings on the same lot with 15 or more units on
the lot shall not be subject to the student home regulations.
vi. Student homes shall be licensed under chapter 10, Housing Code
[chapter 22, Buildings and Building Regulations], article V [X], Rental
Dwellings, of the Code of Ordinances.
vii. Student homes shall be subject to the provisions of chapter 10, Housing
Code [chapter 22, Buildings and Building Regulations], article III [VIII],
Leases, of the Code of Ordinances.
(c) Multiple dwellings subject to the following restrictions:
i. Conversions of single-family dwellings to multi-family residential dwellings
shall be limited to the RG-2 district.
The RG-2 district permits a higher density and a wider range of housing styles than the R-8
district.
Recommendation of the Planning Staff and Planning Commission:
In recommendation to the Planning Commission, the Planning Staff expressed concerns about the
proposal for RG-2 (General Residence) zoning. Staff recommended that RM-2 (Medium Density
Residence) zoning might be more appropriate, as it permits a wider variety of housing styles
(such as one-family detached dwellings, duplex dwellings, apartments, townhouses, and garden
apartments) and a density cap of eight (8) dwelling units per acre. RG-2 zoning does not include
a density cap, and would permit more than eight (8) dwelling units per acre of RM-2. The
surrounding residential subdivisions, Hidden Oaks and Emerald Pointe, are one-family residential
developments.
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Z-09-05 Lands of JNK, LLC
Report to City Council – April 12, 2010
Page 4
Planning Staff recommendations are made prior to public testimony on the application.
Following public testimony where members of the public expressed concern about the requested
RG-2 zoning classification, as well as the RM-2 recommended by Staff, the Planning
Commission voted on March 15, 2010 to recommend to City Council that the property be rezoned
to RG-2 in accordance with the applicant’s request.
Excerpt from Minutes of January 19, 2010 and March 15, 2010 Planning Commission
Meetings:
A transcription of the testimony presented at the Planning Commission meeting on January 19,
2010 is below:
Representatives: Mr. Doug Berry, Pennoni Associates; Mr. John Paradee, Prickett,
Jones, & Elliott; and Mr. Jordan Ashburn, Ashburn Homes.
Mrs. Townshend presented and overview of the application.
Mr. Berry stated that this property was subject to an age restricted condominium
application that was approved by the City of Dover in 2009 and known as the Arbors
Senior Condominium project. Due to market constraints, the developer wishes to
remove the age restricted designation. In order to do that the property must be rezoned
to RG-2, which would be consistent with the most recent Comprehensive Plan. There
are no changes to the building foot print, site considerations, or the development density
of 11.11 that is proposed. At this time, a rendering was passed out of the previous
application. We recognize that in the Staff report they had some concerns with regards
to the RG-2 zoning due to a theoretical maximum density of twenty-five (25) dwelling
units per acre for the site. We did a density analysis and presented it to Staff and at this
time, that analysis was handed out to Commission members for overview.
Mr. Berry further stated that how Staff came up with twenty-five (25) units per acre was
to take the minimum required lot area of 1,700 square feet per dwelling unit and divided
it by the total square footage of the property to come out to 110 dwelling units. If you
look at the rendering of the previous application, a lot of this site acreage would come
out of that developable acreage. A public thoroughfare was required to connect the
Emerald Point subdivision to College Road. The right-of-way on that road was
approximately 6/10th’s of an acre which would render this undevelopable. The west side
of the road which is called Senior Way is not developable either because of the building
setbacks required which would render 9/10th’s of an acre undevelopable. Of the
remaining acreage, .4 acres were reserved for stormwater management; therefore,
there was only 2.5 acres rendered feasible for development. Of that 2.5 acres, the site
was laid out in a fashion where the buildings, the parking areas, landscaping, required
active recreation space, and if you take these areas that were set aside for
development, the net developable acreage is approximately 2.5 acres.
Mr. Berry further stated that if you look at the building footprint expansion in any
direction it is not feasible. If you go to the west you are in the stormwater management
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Z-09-05 Lands of JNK, LLC
Report to City Council – April 12, 2010
Page 5
area and if you go to the south you are in an arterial buffer that is required by Code. If
you expand to the east you would be in someone’s yard. If you expand to the north you
are in the active space that is required for the application. Expansion vertically is not
feasible because the height limitation is forty (40) feet. According to the developer it is
not practical to reduce the size of the individual dwelling units within the building;
therefore, the maximum number of units that could be constructed would be forty-eight
(48) units. A greater density would not be feasible for the property.
Mr. Hemmig stated that he noticed that on one of the bullets on the handout there is a
statement regarding height variance being permissible without a height variance for
height restriction, does that go to the Board of Adjustment? Responding to Mr.
Hemmig, Mrs. Townshend stated that it would go to the Board of Adjustment and it
would be a very difficult argument to achieve a height variance.
Mr. Nichols questioned with regards to the right-of-way, originally the right-of-ways were
sixty (60) feet then some of them dropped down to fifty (50) feet and now we are down
to forty-six (46) feet. Where do we stand on this issue? Responding to Mr. Nichols, Mr.
Berry stated that this was previously recorded as part of the Arbors Senior
Condominiums and is a recorded right-of-way.
Also responding to Mr. Nichols, Mr. Koenig stated that the right-of-way was reduced to
forty-six (46) feet for this project and was approved by City Council because waiver
requirements go to City Council for final approval.
Mrs. Townshend stated that Mr. Berry has done an analysis for density and has showed
you the site plan. Anything you recommend to City Council for approval, and is
approved, does not get tied to a Site Plan; however, in the RG-2 zoning district
apartments are a Conditional Use so you would have more flexibility to review the plan.
The RM-2 zoning district is capped at 8 dwelling units per acre and RG-2 does not.
What the applicant is demonstrating is they probably could not get much more than 11
units per acre and this is what they would like to do with the property.
Mr. Friedman opened a public hearing.
Mrs. Lisa Whiteman – 11 Pin Oak Drive – Stated that her concerns are basically that
this is her backyard. The easement that is the passage way for a road is her backyard
that they are talking about. When she bought this house, just like others, she bought it
with the intention that it would stay at the value she bought it or increase in value. She
is very afraid that with the implementation of these buildings, this in fact would not
happen. She knows that it is labeled Senior Way and you want to put up homes for
seniors or the intent is to put up homes for seniors; however, she has three major
concerns. First, is there guaranteed funding that this would be completed? She can
see by the description the mention that it is for senior housing and that there is a need
for it and that is apparent because she also teaches within the district and there is
senior housing that has started to be built between the corner of Route 8 and Saulsbury
Road that is now stopped. (Mr. Friedman interrupted to state that this is not for
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Z-09-05 Lands of JNK, LLC
Report to City Council – April 12, 2010
Page 6
approval of senior housing; however, with the rezoning request it would not be required
to be senior housing).
Mrs. Whiteman further stated that if it was not going to be senior housing than she
would like to know if the rezoning was going to risk the dwellings being turned into
section 8 housing. Because if this happens she knows that the value of her home
would go down and she would have to share her back yard with whatever is going on.
Her other concern is if this does go up, is there a plan in force to fence it in or
structurally separate it from the neighborhoods that we paid a lot of money to move into
and we want to keep that value up. There would be extra traffic and noise and it is
already pretty loud on College Road.
Mr. Bruce Shamir – 23 Pin Oak Drive – Stated that he also has the same concerns as
his neighbor who just spoke. As he recalls, from the last public hearing that was held
on this application, that the right-of-way for the roadway in-between Emerald Point and
the Arbors was a restricted use right-of-way for fire vehicles and not for open traffic.
Responding to Mr. Shamir, Mrs. Townshend stated that this was to be dedicated as a
public street at the 2007 hearing.
Mr. Shamir further stated that this is his third time addressing this issue and each time it
has gotten smaller. If we keep delaying it maybe we will get it to single family housing
where he would like to keep it. He does not want to see this big structure in his
backyard. The argument he had the last time is that none of you live there. He has to
look at it all the time and you do not. As far as the traffic analysis adding forty-eight (48)
more units and trying to get out onto College Road during rush hour, it is not the easiest
task in the world. There was also mention with regards to garden apartments and if
your definition of garden apartments is the same as his, where he grew up it was two
stories is that still in fact? Responding to Mr. Shamir, Mrs. Townshend stated that with
regards to garden apartments, the primary issue relates to direct access to open space
so that it would not be surrounded by a parking lot and would allow for three stories with
a maximum height of forty (40) feet. The definition in the Code book for garden
apartments does not state the number of stories that is driven by bulk standards.
Mr. Richard McKee – 1021 W. State College Road – Stated that he is the owner of
the property to the east where this project is planned. He shares the sentiment of the
previous two speakers. If this is not going to be for senior housing that it was originally
planned to be then he would prefer it to be single family detached dwellings. His
second concern is the access road because of traffic. If you have ever tried to get out
onto College Road during rush hour traffic you cannot do it. He understands the desires
for a connecting road between the southern portion of Emerald Point and College Road;
however, he firmly believes that this must be an emergency use connector only and
should not be general public access 24/7. If it is kept that way, there is going to be
multiple accidents just waiting to happen and we already have enough of them.
Mr. Friedman read into record a letter received on January 19, 2010 from Mrs. Betsy
Duncan, 19 Pin Oak Drive who was unable to be at the meeting this evening.
“Unfortunately, I am unable to attend the hearing scheduled tonight, however, ask you
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Z-09-05 Lands of JNK, LLC
Report to City Council – April 12, 2010
Page 7
take my concerns into consideration. As a resident of Hidden Oak Subdivision, I have
an interest in the rezoning of the above property. Per discussion with your office, I
understand the rezoning request would include single family homes as well as garden
apartments. This property is surrounded by single family homes, and we believe the
property should be consistent with the area. We are concerned with the adverse effects
an apartment building will have on our property values as well as to our neighborhood.
We knew when we bought our property there eventually would be construction;
however, we were confident our City would protect our neighborhood and would not
allow a building that would degrade, or be invasive, and overbearing. I understand the
rezoning is on the table tonight; however, I am asking that you take our concerns into
consideration and understand the surrounding properties are single family homes and
wish to preserve the integrity of our area that includes our property and personal values.
Thank you for your time and consideration.”
Mr. Friedman closed the public hearing after seeing no one else wishing to speak.
Mr. Paradee stated that he would like to allay what seems to be some concerns in the
room that this is going to somehow change dramatically what has already been
approved for this property. It is important for you to understand that this project is
already approved for 48 condominium units. The only reason that the developer is here
tonight is because he wants to change it from condominiums to apartments due to
changing market conditions. Condominium units are simply not marketable. The
developer is committed to keeping the building exactly the same with the same footprint
and number of units. Staff expressed some concern with the change in zoning that
theoretically there could be an increase in density. The developer is willing to go on
record and does hereby go on the record as committing that he will not change anything
about the building as it will not be section 8, any taller, and will be the same footprint
and same number of units.
Mr. Ashburn stated that he would like to reiterate that there are a lot of faces that have
seen this go from two buildings to one building because of market constraints. Prior to
us coming back this would not have been possible due to the fact of the different
Comprehensive Plan and now that the Comprehensive Plan has changed, it does
permit this change. He has spent a lot of money with architectural design on this
building and he has engineered this site for the second time. He would really like not to
have to spend any more additional money funds on a new architectural design. The
intent is to just be able to bring this back to you for Site Plan approval less the age
restriction. With the economic constraints with the aged qualified residents, they have a
higher rate of vacancy in this building and seniors are having less of an ability to be able
to pay a higher rent rate.
Mrs. Townshend stated that she would like to clarify a few things. When a number of
people who spoke asked some questions that are design oriented, those issues would
be taken up at a later date if the rezoning is approved and they come back with a
development application. In terms of the RG-2 (General Residence Zone), the
permitted uses are essentially one family residence uses and the things that are allowed
in that zone as well as garden apartments. Multiple dwellings which would be
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apartments that are not considered garden apartments would be a Conditional Use. In
some ways the RG-2 zoning classification has more restrictions such as not being able
to do townhouses and duplexes. The RM-2 zoning classification would allow for a wider
range of housing styles included townhouses and does cap the density.
Mr. Hemmig stated that Senior Way has been recorded as a dedicated street; however,
can this be changed with an application that comes back before this Commission?
Responding to Mr. Hemmig, Mrs. Townshend stated that the recordation can change in
the future as part of a future application.
Colonel Welsh stated that originally this was going to be the Ashburn Construction
Company, then it was going to be single family homes, and then senior apartments and
now it is a building. He has heard some of the neighbor’s concerns with what will
ultimately end up here and he can understand why they would have these concerns.
One of the things that bothers him is that you received approval for senior housing with
a three story building that was Conditional Use with R-8 zoning for single family homes.
Now you are asking to remove the only thing that allowed you to do that and that is the
fact that it was senior housing. If you had come to us and asked to build a three story
apartment building with R-8 zoning we would have never approved it. One side of this
building is bordered by a major artery known as State College Road and two of the
other sides of the building are single family homes. On the other side of the building
there is a small single story shopping center to the east. What you are talking about is
building a three story building so he can understand how the people who have invested
money in those homes are going to be upset.
Colonel Welsh further questioned if this were to be used for some other purpose, the
recordation of Senior Way from the development out to State College Road, does it
have to be designed the way it is or does it just have to be an access point?
Responding to Colonel Welsh, Mrs. Townshend stated that it would have to be an
access point because the site constraints made it what it is. Code requires that they
have two access points to a public street.
Mr. Hemmig questioned what the applicant would do if this was approved as an RM-2
zoning classification? Responding to Mr. Hemmig, Mr. Ashburn stated that honestly he
was not sure because of the fact that there are two stub streets there already, which
really limits him to how he can develop the property.
Mr. Tolbert questioned if it would be feasible to recommend tabling this application to
give the applicant time to get their thoughts together on this project? Responding to Mr.
Tolbert, Mr. Friedman stated that this application will move forward to City Council who
will make the final decision regarding zoning for the property.
Mr. Ashburn stated that the building, as it is, if we had kept it as a parking lot we could
have made it work as garden apartments. The public road as a public thoroughfare
sinks this project as it currently is.
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Colonel Welsh questioned what it is that drives the requirement for the roadway?
Responding to Colonel Welsh, Mr. Koenig stated that back in the planning of Emerald
Point of 150 units there was a requirement for access to two public streets. They have
a stub street that goes over to the back of Hidden Oakes and would connect into Hidden
Oakes if there ever was an extension of that development. There are environmental
constraints in this area and that connection will likely not happen. For the public
hearings for Emerald Point it was made very clear that this stub street would extend
across this property and he thought that the owner of this property who was not
Ashburn at that time was represented at those hearings. The alignment of this stub
street was not objected to by the property owner at that time. The developer of Emerald
Point picked the location of this stub street which from this developer’s standpoint has
constrained his property. The stub street was recorded prior to the purchase of this
property so the constraint has been there the entire time.
Mr. Hemmig questioned if Senior Way did not exist and you did not have to put a street
through there, how would that change what you could do with this property in its current
form or with an RM-2 zoning classification? Responding to Mr. Hemmig, Mr. Ashburn
stated that what that would allow them to do is be able to utilize more of the property. It
is a higher standard when you have to build to a street standard rather than just a
parking lot standard as you have different pavement widths and additional
requirements.
Mr. Hemmig stated that he feels that they do need to table this application because we
need to look at this street requirement and if it has to be built because he does not feel
that it is necessary. He feels that it was planned as a second entrance for Emerald
Point; however, Emerald Point has been there several years now. He also feels that the
developer needs to look at that if this street was not developed, how could they utilize
the land without going to a density higher than eight (8) units per acre and make it
feasible before we go forward with this application. It would seem that there are too
many problems with this that need to be addressed with this application and if we
approve it with this rezoning request then we are opening ourselves up to basically
anything because we have approved other things that then do not get built and gets
changed several times.
Mr. Hemmig moved to table Z-09-05 Lands of JNK, LLC located at 1051 College Road
until the next Planning Commission meeting and in the mean time he would like the
Planning Commission and Staff to discuss the requirement for the Senior Way Road
access and would make it incumbent upon the developer to come back and make a
good faith effort to figure out what they could do with this property within eight (8)
dwellings per acre restriction without the access road that would be more in keeping
with the neighboring properties of single family homes that surround this property,
seconded by Mr. Nichols and the motion was unanimously carried 8-0.
Mr. Ashburn questioned if this was something they could look at the economic feasibility
of keeping this property at its current zoning with the PND or senior option and
decrease the standards for the road and turn it more into a private driveway so that he
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does not have to scrap the architectural drawings and the money that he has spent on
them?
Responding to Mr. Ashburn, Mr. Hemmig stated that their problem is that it was planned
for a senior community, we thought that this was an appropriate development and would
be something that would fit within the neighborhood that would not be a possible
problematic situation. As an open apartment complex, it presents a more problematic
situation than a senior complex would. Additionally, when you open it up to any age
restriction then the density also becomes something that we look at a little more closely
than we would with a senior complex. We are looking at either keeping it as a senior
complex or reducing the density and at the same time making it something more
compatible with the neighborhood.
Mrs. Townshend stated that if Mr. Ashburn wishes to keep the rezoning at what it
currently is, he would need to request to withdraw the rezoning application if he feels
this is the most feasible solution and then submit a subsequent application.
A transcription of the testimony presented at the Planning Commission meeting on March 15,
2010 is below:
Colonel Welsh moved to lift from the table Z-09-05 Lands of JNK, LLC at 1051 College
Road, seconded by Mr. Baldwin and the motion was unanimously carried 6-0 with Mr.
Shomo, Mr. Hemmig and Mr. Ambruso absent.
Representatives: Mr. Jordan Ashburn, Ashburn Homes; and Mr. Douglas Berry,
Pennoni Associates.
Mrs. Townshend provided an update of the application.
Mr. Berry stated that this application was tabled on January 19, 2010 in order to allow
the developer some additional time to determine if the project would be feasible under
and RM-2 designation rather than the RG-2 requested designation with the
understanding that the College Road entrance and the public improvements between
that and the building would be removed. Since that meeting we have met with City Staff
and DelDOT to determine if the entrance could be removed at all and while we have
been directed that it can be moved, there is secondary EMS access that would have to
be addressed. In addition, there may be some improvements to the Emerald Point
entrance adjacent to McKee Road. While it will help to remove the entrance in the
public right-of-way, this project is economically feasible to the developer only under the
RG-2 Zoning designation. We ask that you consider the development density of 11.11
that was approved for the Arbors Senior Condominiums will not be jeopardized. They
would be proposing a new development with an equal or less development density than
that proposed under that application.
Colonel Welsh questioned what has been gained by the two months delay other than
your coordination with the City of Dover Planning Commission? Responding to Colonel
Welsh, Mr. Berry stated that they had the opportunity to meet with the City after the
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business meeting and DelDOT we did not meet with until three weeks after that and
then the snowstorm occurred so they had to wait an additional two weeks to have the
meeting so it was necessary that we table the application to tonight. DelDOT has stated
that the entrance can be removed and if that is the case, they have no jurisdiction over
entrance improvements to this subdivision because access would be entirely via a City
street and we would have to coordinate with the City to determine if any improvements
would be required.
Mrs. Townshend stated that one of the things that was discussed was eliminating
access off of College Road entirely and coming through Emerald Point. Their
discussion with DelDOT was to find out how they would feel about that. DelDOT
indicated because their access would be from a City street that they would not have any
requirements or objections to that.
Colonel Welsh questioned that access would be through Emerald Point only and
eliminating access off of College Road. Responding to Colonel Welsh, Mrs. Townshend
stated that yes it would be eliminating; however, having some type of emergency
access in the event of emergency apparatus.
Colonel Welsh questioned what Staff’s position would be on this issue? Responding to
Colonel Welsh, Mr. Koenig stated that Staff’s position at this point would be that they
would have to come back through the process because there is a recorded right-of-way
at this time that is undedicated; however, it would solve the transportation problem that
would possibly be created by additional development on College Road by eliminating
the access on College Road. The only problem is that it will place some additional
burdens on the entrance off of McKee Road and those improvements have not been
discussed publicly at a public hearing so we do not have any type of public comment at
this point.
Colonel Welsh further questioned what the status was for the application? Responding
to Colonel Welsh, Mrs. Townshend stated that what you are looking at now is whether
or not currently the zoning is R-8 and the request is to change it to RG-2. At one point
staff had suggested that RM-2 maybe more appropriate. You heard public testimony
about the rezoning at the January meeting and essentially, at this point, the applicant is
stating that they want to proceed forward with the RG-2 request and are not interested
in RM-2 zoning which would cap the density at eight (8) dwelling units per acre. They
have approximately eleven (11) dwelling units per acre under the Senior PND that they
have now. Senior Housing did not require rezoning what they want to be able to do is
lift the senior age restriction and build the same product; however, cannot do that in the
R-8 zoning district.
Mr. Ashburn stated that as a reminder with the RG-2 zoning it has some fairly restrictive
design criteria that you can place on this to make sure that we are doing what we say
we are going to do. Responding to Mr. Ashburn, Mrs. Townshend stated that you
cannot necessary hold him to anything that is promised this evening; however, because
in RG-2 apartments are a Conditional Use and not a permitted use you are able to place
conditions on that.
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Colonel Welsh stated that he still had reservations on this because the original
application was for increased density as senior housing which was approved and no
action was ever taken on it. He realizes that there were some circumstances that drove
this; however, if we can eliminate one access point and keep the traffic level down on
Baltustrol Road then we can proceed forward.
Colonel Welsh moved to forward approval to City Council Z-09-05 Lands of JNK, LLC at
1051 College Road to RG-2 (General Residence Zone), seconded by Mr. Nichols and
the motion was unanimously carried 6-0 with Mr. Shomo, Mr. Hemmig and Mr. Ambruso
absent.
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City of Dover Application No.: Z-09-05
Department of Planning & Inspections
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Plan Title: Lands of JNK, LLC Legend
Location: 1151 College Road
Plan Type: Rezoning Dover Parcels
Tax Parcel: ED-05-076.12-04-02.00-000
Zoning
Zoning: R-8 current, RG-2 proposed
Owner: JNK, LLC
Date: 12-13-09
0 190 380 760 Feet
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ATTACHMENT #1
EXHIBIT #3
Utility Committee Meeting of 03/22/10
Regular Council Meeting of 04/12/2010