REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 27, 2009 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Mr. Slavin was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Strochine, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan 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
Due to Mr. Slavin’s absence, Council President Hogan requested that item #9 - Recommendation of Haggerty & Haggerty Ad-Hoc Review Committee, be removed from the agenda.
Mr. Leary moved for approval of the agenda, as amended, seconded by Mr. Salters and unanimously carried.
Mr. Leary moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Slavin absent).
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF MARCH 10, 2009
The Minutes of the Council Workshop of March 10, 2009 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 13, 2009
The Minutes of the Regular Council Meeting of April 13, 2009 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Carey.
CERTIFICATE OF CONGRATULATIONS - 100TH ANNIVERSARY OF THE NAACP
The City Clerk read the following certificate into the record:
WHEREAS, On February 12, 2009, the NAACP marked its 100th anniversary. The NAACP Headquarters, based in Baltimore, Maryland, along with its 1,700 units nationwide, will host celebrations and observances throughout the year ending on February 12, 2010, that highlight the significant role the organization has played in leading social change in America; and
WHEREAS, The Central Delaware NAACP Branch #2028 originated on April 13, 1953, 56 years ago, when it was granted a charter which encompassed all of Kent County towns, cities and school districts.
WHEREAS, Past presidents of the Central Delaware NAACP Branch #2028 include Reverend Homer Minus, Mr. Wilber Cooper, Mrs. Marian Harris, Mr. Cecil Wilson, Mr. Reuben Salters. Mr. John Pitts, Reverend Bernard Brown, Mrs. Sandy Yates, Mrs. Alfreda Dean, Mr. Leon K. Lewis and the current branch President Mrs. Roxie Smiley-Carter; and
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby congratulate the NAACP for celebrating 100 years of service and the Central Delaware NAACP Branch # 2028 on 56 years served.
On behalf of the City of Dover, Mayor Carey presented the Certificate to Mrs. Roxie Smiley-Carter, President of the Kent County Chapter of the NAACP.
CERTIFICATES OF CONGRATULATIONS - ODYSSEY OF THE MIND
The City Clerk read the following certificates into the record:
WHEREAS, Odyssey of the Mind is an international educational program which enables students to learn creative problem-solving methods by providing open-ended problems that appeal to a wide range of interests. Students learn how to identify challenges and to think “outside the box” to solve those problems while being free to express their ideas and suggestions without fear of criticism; and
WHEREAS, with over 200 teams competing in the State’s annual Odyssey of the Mind tournament, twelve (12) teams from the Dover area placed in the top three winning spots in their respective categories; and
WHEREAS; special commendation is due all team members, coaches, parents, and administrators for their hard work and dedication; and
WHEREAS; it is deemed an honor and privilege to present this Certificate of Congratulations to:
Allen Frear Elementary School - Division I Team
Ashish Bachavala Justin Jones
Jeff Gary Andrew May
Simon Johnson Tori Sebastian
Team Coaches
Lauren Bailey
Troy Seitz
Julie Walls
THIRD PLACE - SHOCK WAVES
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Allen Frear Elementary School - Division I-B Team
Jazlynn Billups Haley Prillaman
Michael Canning Emma Statham
Kyle Hoover Madeline Stevenosky
Team Coaches
Lauren Bailey
Michael Statham
Julie Walls
FIRST PLACE - TEACH YER CREATURE
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Booker T. Washington Elementary - Division I-A Team
Charlie Liston Sawyer Nathaniel Sanchez
Diego Marcano Robert Sandberg
Anirudh Narayanan Shreya Venkat
Srija Putta
Team Coaches
Robin Sanchez
Kristin Truitt
SECOND PLACE - EARTH TREK
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Dover High School - Division III Team
Rebecca Barker Rebecca Ritter
Jennifer Halama Matt Towne
Emily Pierce Zachary Weber
Lauren Mirzakhalili
Team Coaches
Kenneth Ritter
Kim Ritter
SECOND PLACE - LOST LABOR OF HERACLES
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Dover High School - Division III Team
Andrew Davis Erik Towne
Gabrielle Green Alyssa Walter
Jenna Rogge Alejandra Whitney-Smith
Team Coaches
Stephen Towne
Victoria Feliciano
FIRST PLACE - EARTH TREK
AND
THIRD PLACE - SUPERSTITION
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Holy Cross - Division I-B Team
Logan Bibb Sean Letavish
Meghan Bibb Elijah Simon
Andrew Gardner Trip simon
Katie Josefowski
Team Coach
Shannon Bibb
SECOND PLACE - LOST LABOR OF HERACLES
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Star Hill Elementary - Division I-B Team
Jennifer Atkinson Gary Gray
Aaron Debloois Brianna Kohout
Christin Dilorenzo Jeremy Voshell
Byron Edwards-Coope
Team Coaches
Gillian Sessler
Laura Voshell
FIRST PLACE - EARTH TREK
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
W. B. Simpson Elementary - Division I-B Team
Christian Cosden Liam O'Connor
Jayden Mosley Kristin Reigle
Steven Nye Katie Richardson
Team Coach
Michael Kenney
THIRD PLACE - SUPERSTITION
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
W. Reilly Brown Elementary - Division I-A Team
R. J. Conk Shelbie Rundle
David Haynes Laura Wagner
Abigail Herrera Sarah Wearden
Victoria Phillipson
Team Coach
Sue Moore
THIRD PLACE - SUPERSTITION
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
W. Reilly Brown Elementary - Division I-A Team
Brice Baker Krista Jarrell
Meagan Barter McKenzie Melvin
Hannah Booth Emily Pearson
Aysia Eskridge
Team Coach
Nathalie Melvin
THIRD PLACE - TEACH YER CREATURE
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Mayor Carey congratulated each team member and presented them with their certificates. (Dover High School Division III Team - Lost Labor of Heracles not in attendance)
RESCHEDULING OF PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 171 NORTH EDGEHILL AVENUE AND 705 MAPLE PARKWAY, OWNED BY SUZANNE NOLL
A request was received to rezone property located at 171 North Edgehill Avenue, consisting of 22,914+/- square feet, and 705 Maple Parkway, consisting of 65,764+/- square feet, owned by Suzanne Noll. These properties are currently zoned R-7 (One Family Residence Zone) and the requested zoning is RM-2 (Medium Density Residential Zone). During their Regular Meeting of March 23, 2009, members held the First Reading of the rezoning ordinance, referred the rezoning request to the Planning Commission on April 20, 2009, and set a public hearing for May 26, 2009 at 7:30 p.m.
Council President Hogan advised members that, due to lack of public notice, it was necessary to reschedule the Council and Planning Commission public hearings. It was recommended for referral to the Planning Commission on May 18, 2009 and that a Public Hearing/Final Reading be rescheduled for Monday, June 8, 2009 at 7:30 p.m.
Mrs. Williams moved to refer the request to the Planning Commission on May 18, 2009 and set a public hearing for June 8, 2009 at 7:30 p.m. The motion was seconded by Mr. Leary and unanimously carried.
TAX APPEALS COMMITTEE REPORT - APRIL 8, 2009
The Tax Appeals Committee met on April 8, 2009 with Chairman Hogan presiding.
Appeal Procedures
Members were provided Property Assessment Appeal Procedures for their review and recommendations.
Mr. McGiffin suggested removing the last two (2) sentences of paragraph #3 on page six (6), which will be implemented.
Mr. Hogan asked for clarification about the Exemptions. Ms. Russell, City Assessor, explained that appeals that fall under the seven categories listed in the Appeals Procedure would not have to be presented to the Committee on Tax Appeals but would be approved by the City Assessor and notice would be given to Council in the Monthly Report.
Mrs. Russell, referring to a Non-Profit Organization who just bought a new property within the city and was told by the Kent County Assessor that the property purchased would not qualify, questioned if this organization would be able to qualify for an exemption with the City of Dover. Ms. Russell advised Mrs. Russell that the organization would have to apply for exemption with the City, which can only be done during the month of April. Responding to Mrs. Russell, Ms. Russell explained that if the organization has outstanding taxes from the year 2008, they would have to be paid or a penalty would occur. Mr. DePrima, City Manager, also explained that even though the property owner was turned down by the County, it does not mean that the organization would not be able to qualify for exemption by the City.
Mr. DePrima suggested a change to page number 7, Inadmissible Evidence. He suggested changing the following sentence from: Assessed Values of other property. (May be used if it can be shown that illegal methods are being used) to Assessed Values of properties that are not comparable. This suggestion will be implemented.
Mr. DePrima thanked Ms. Russell for writing the Appeal Procedure. He mentioned that the City had been in need of Appeal Procedures and that they will be helpful to our citizens.
The committee recommended approval of the Property Assessment Appeal Procedures, as amended.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation (Exhibit #1), seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Slavin absent).
Tax Policy #3
Members were provided Tax Policy #3 for their review and recommendations. Ms. Russell, City Assessor, explained that most of the changes to the policy are recommendations by the IAAO, as a result of the Audit, which was conducted in 2008. Mr. McGiffin, as well as Mr. Hogan, suggested a few changes in the language, which will be implemented.
Ms. Russell showed each of the committee members a copy of the "Application for Valuation, Assessment and Taxation of Land under the Farmland Assessment Act of 1968", as it is a revised form and could be used in the future.
Mrs. Russell asked if the appeal would be denied if an appeals applicant were not able to make the appeal hearing. Ms. Russell explained that if the applicant does not appear and does not call with a valid excuse, the appeal might be denied. Mrs. Russell also wanted to know if the applicant would incur penalties if an appeal has been filed and is still ongoing at the time the property taxes are due. Ms. Russell explained that no penalties would be imposed if the appeal has not been settled.
The committee recommended approval of Tax Policy #3, as amended.
By consent agenda, Mr. Leary moved for approval of Tax Policy #3, as amended, (Exhibit #2), seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Slavin absent).
By consent agenda, Mr. Leary moved for acceptance of the Tax Appeals Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Slavin).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 13, 2009
The Parks, Recreation, and Community Enhancement Committee met on April 13, 2009 with Chairwoman Russell presiding.
Presentation - Collaboration on Regional Library District
Mr. Carter, Director of Parks and Recreation, reviewed a presentation entitled “Library Services for Dover and Kent County - Options for the Future”, a presentation entitled “Dover/Kent County Regional Library District - A Conceptual Framework for a Unified County Library System, and a presentation entitled “Analyzing the Costs of Consolidation”. He advised members that the presentations were prepared by both the County Administrator, Mr. Petit de Mange, and the City Manager, Mr. DePrima. He noted that, although six (6) options are being presented, a recommendation has not been developed.
The committee recommended acceptance of the report without any recommendation at this time.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Slavin absent).
Mr. McGlumphy suggested that when this report is submitted to Council, a motion could be made at that time to schedule a public hearing; however, he did not feel that it would be appropriate for the committee to recommend the scheduling of a public hearing for City Council.
Funding Campaign Dover Public Anchor Library
Mr. Carter, Director of Parks and Recreation, advised members that in January of 2007, the City approved funding, in the amount of $180,000, to hire a Project Coordinator to work with the Building Committee of the Dover Public Anchor Library. This Project Coordinator was to be involved with all aspects of the planning and development of the library program. Under the direct supervision of the Pa