REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 14, 2008 at 7:32 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, Mr. DePrima, Deputy City Solicitor Pepper, and Mrs. McDowell.
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. Hogan moved for approval of the agenda as presented, seconded by Mr. Leary and unanimously carried.
Mr. Hogan requested that item #11-A, Discussion - Prioritization of Transportation Projects, be removed from the consent agenda.
Mr. McGiffin moved for approval of the consent agenda as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 24, 2008
The Minutes of the Regular Council Meeting of March 24, 2008 were unanimously approved by motion of Mr. McGiffin, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
CERTIFICATE OF RECOGNITION - DOVER HIGH BOYS BASKETBALL - FINAL 4
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Dover High School Boys Basketball
Congratulations for an exceptional 2007-2008 Basketball Season as the Salisbury Holiday Classic Tournament - Chesapeake Bracket Champions and for making the Semi Finals/Final Four of the DIAA State Tournament
April 14, 2008
On behalf of Mayor Carey, Mr. Slavin presented the Certificate to Mr. Montaño - Dover High School Principal, Mr. Eric Tolbert - Director of Athletics, and Mr. G.R. Myers - Boy’s Basketball Coach in recognition of their accomplishments.
Noting that no team members were in attendance, Mr. Montaño assured members that there are upcoming events that will provide him the opportunity to acknowledge the Certificate of Recognition issued by the City.
CERTIFICATE OF RECOGNITION - DOVER HIGH GIRLS BASKETBALL - HENLOPEN CONFERENCE
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Dover High School Girls Basketball
Congratulations for an exceptional 2007-2008 Basketball Season as Henlopen Conference Northern Division Champions, Henlopen Conference Tournament Champions and for making the Second round of the DIAA State Tournament
April 14, 2008
On behalf of Mayor Carey, Mr. Slavin presented the Certificate to Mr. Montaño - Dover High School Principal, and Mr. Eric Tolbert - Director of Athletics, in recognition of their accomplishments.
Mr. Montonyo relayed the regrets of Mr. Thornton Spellman - Girl’s Basketball Coach, who was unable to attend the presentation and assured members that there are upcoming events that will provide him the opportunity to acknowledge the Certificate of Recognition issued by the City.
CERTIFICATE OF RECOGNITION - DOVER HIGH CHEERLEADERS
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF RECOGNITION
Presented to
Dover High School Cheerleaders
for placing third in the 2008 Delaware Cheerleading Coaches Association State Championship Small Varsity Division
Congratulations on an excellent season and thank you for your dedication
April 14, 2008On behalf of Mayor Carey, Mr. Slavin presented the Certificate to Mr. Montaño - Dover High School Principal, Mr. Eric Tolbert - Director of Athletics, and Ms. Ashley Callahan - Cheerleader Coach, in recognition of their accomplishments.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, it has now been 139 years since J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and
WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 2008 for the nineteenth consecutive year by the National Arbor Day Foundation recognizing Dover for its outstanding urban forestry program; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas and beautify our community, and the community’s tree planting program is a living memorial to the citizens’ concerns for the quality of life; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, planting and caring for trees is a special gift that one generation gives to the next.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 26, 2008 as Arbor Day in the City of Dover, and urge all citizens to support the efforts to care for our trees and woodlands.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
On behalf of Mayor Carey, Mr. DePrima presented the Proclamation to Mr. William Cooper, Grounds Superintendent.
HEARING FOR APPEAL OF FINAL ORDER ON BUSINESS LICENSE FINAL ORDER - TAPROOM/ICE LOUNGE
During their Regular Meeting of March 24, 2008, City Council considered an appeal of the revocation of the business license for the Taproom/Ice Lounge and set an appeal hearing for this time and place.
Deputy City Solicitor Pepper reviewed the material provided to members including the license officer’s order, notice of appeal, and material provided by both parties (as on file in the Office of the City Clerk). He explained that the issue before City Council is whether the license officer’s decision should be upheld. The appellant and license officer were provided 10 minutes for each of their presentations, after which time, members of Council could pose questions.
Mr. Basil Kollias of Wilmington, attorney representing the Taproom/Ice Lounge located at 1036 Lafferty Lane in Dover, advised members that the Taproom/Ice Lounge is owned by Ms. Teresa Owens and Mr. Justin Ruiz. He stated that Ms. Owens first approached the City in October 2006, and explained what her intentions were for the business in an effort to obtain a business license. Since the application was for a “gentlemen’s club”, the City (Mrs. Townshend) indicated that the property owners would be required to apply for a property variance, since it was considered adult entertainment. He stated that during the hearing in December 2006, the Board of Adjustments denied the variance; however, he noted that the Board’s reason for the denial was due to the description of the business use not seeming to fall within the description of adult entertainment and that the use would be permitted under the present use of the property without the requirement of a variance. Although the variance was not granted, the business license was issued the following month and, in January, the business opened under their taproom license.
Mr. Kollias advised members that all performers are independent contractors and not employees of the Taproom/Ice Lounge. There were no problems until July 2007 when the business received their first provisional order, which is when he was contacted by the owners. At that time, he contacted the City and spoke with Mrs. Townshend. He stated that their conversation was very productive and resulted in the Taproom/Ice Lounge adopting several documents, such as rules and regulations, for employees and independent contractors, a statement of drug and alcohol policy, policy of investigations, etc. In addition, an abbreviated version of the rules and regulations were posted throughout the club. As a result of these actions, the City indicated that their concerns were resolved and that there were no further hearings as long as the establishment continued to follow the rules, which, he noted, included some specifics regarding appropriate dress and conduct. Sometime in September 2007, during the NASCAR Race weekend, Mr. Kollias stated that City officials inspected the establishment and that no violations were found, with the exception of one (1) inappropriate clothing issue, which was immediately resolved.
Mrs. Townshend, Director of Planning and Inspections, advised members that when Ms. Owens originally approached the City to obtain a business license, a “gentlemen’s club” was included on the application. At that time, Ms. Owens was requested to review the definition provided for adult entertainment to determine if the entertainment planned was consistent with the definition and, since it was, Mrs. Townshend explained that the only means for allowing such entertainment would be to apply for a variance. She advised members that what was explained by Ms. Owens to the Board of Adjustments and what was indicated to her regarding their intentions were totally different.
Mrs. Townshend stated that after several inquiries and complaints, staff contacted the Police Department for the use of undercover officers, who visited the establishment in July. She advised members that on July 31, 2007, the City of Dover issued a provisional order on the business license for the Taproom/Ice Lounge. The reason for the order was due to adult entertainment at the establishment. She stated that at that time, the owners had the opportunity for a hearing before the licensing officer, for which she serves. She stated that a letter was received from the appellant’s attorney as well as a phone call and was advised that the owners acknowledged that the type of activities were inappropriate and there were discussions regarding the changes that would be made at the establishment so that it did not fall under the definition of adult entertainment. Mrs. Townshend explained that the purpose for the hearing was to provide them the opportunity to deny the adult entertainment activities; however, since they agreed that there were adult entertainment activities, there was no need to conduct a hearing. She advised members that in accordance with the Dover Code, the owners are provided five (5) days to make corrections under the provisional order. She stated that again, during the past winter months, the Police Department, as well as her office, received numerous inquiries in addition to the complaint. She referred to the police reports (both July 2007 and March 2008) and noted that the documentation is very clear regarding the type of activities that were observed. Mrs. Townshend stated that after several complaints received in January and February of 2008, staff visited the site in March 2008 and observed that the activities being performed on the site clearly met the definition of adult entertainment. On March 14, 2008, the City issued a final order, which is a revocation of the business license and ordered the business to cease operations.
Mr. Kollias stated that he requested copies of any and all complaints that were submitted to the Planning and Inspections Department, as well as the Police Department. The only document that has been received is a copy of the police report which contains very few specifics.
Ms. Teresa Owens of Smyrna, owner of the Taproom/Ice Lounge, explained that her definition of a “gentlemen’s club” was a male review with females in bikinis and that her request for a variance was at the direction of Mrs. Townshend. Ms. Owens advised members that although the variance was denied, she was permitted to operate the business. She indicated that Mrs. Townshend visited the establishment and observed the same activities as the undercover officers and had indicated to her, as well as her partners and managers, that they were “doing a great job”.
Mr. Ruane moved to uphold the revocation of the business license, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 442 KINGS HIGHWAY, OWNED BY LUTHER SENIOR SERVICES OF DOVER
A public hearing was duly advertised for this time and place to consider rezoning of property located at 442 Kings Highway, consisting of 0.38+/- acres, owned by Luther Senior Services of Dover. The property is currently zoned RG-5 (General Residence for Mid-Rise Apartments) and the proposed zoning is C-4 (Highway Commercial). (The First Reading of this ordinance was accomplished during the Council Meeting of February 25, 2008).
Council President Williams noted that a request has been received to withdraw the rezoning application.
Mr. Hogan moved to accept the request to withdraw the rezoning application for property located at 442 Kings Highway, owned by Luther Senior Services of Dover. The motion was seconded by Mr. Salters and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING AND PROPOSED COMPREHENSIVE PLAN AMENDMENT - LAND DEVELOPMENT PLAN AMENDMENT TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, AND MARCH 2007 BY AMENDING LAND DEVELOPMENT MAP 11-1 AND AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF COMMERCE WAY
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005, September 2006, and March 2007 which would amend Land Development Map 11-1 by changing the land use type from Industrial to Residential High Density on that property located on the north side of Commerce Way, owned by H & M Properties, LLC. (The First Reading of this ordinance was accomplished during the Council Meeting of February 25, 2008).
Members were advised that a request was received to postpone the public hearing. Staff recommended that a Public Hearing be rescheduled for Tuesday, May 27, 2008 at 7:30 p.m.
Responding to Mr. Ruane, Mrs. Townshend, Director of Planning and Inspections, indicated that the owner requested the postponement to allow them to consider other zoning options. She explained that the applicant was provided a copy of staff’s report that was being submitted to the Planning Commission and that staff’s recommendation was to deny the request.
Mr. Ruane moved to deny the request to postpone and continue with the public hearing. The motion was seconded by Mr. McGlumphy.
In response to Mr. Leary, Mrs. Townshend noted that the applicant was not present. She also indicated that the Planning Commission has not issued a report regarding the rezoning and text amendment.
Deputy City Solicitor Pepper indicated that since the Planning Commission has not issued a report, nor has the 75 days lapsed that they are provided to do so, Council cannot hold a public hearing.
The motion to deny the request to postpone and ccontinue with the public hearing failed by a roll call vote of seven (7) yes and two (2) no (Mr. McGlumphy and Council President Williams).
Mr. Slavin moved to approve the request to postpone the public hearing and that it be rescheduled for Tuesday, May 27, 2008 at 7:30 p.m., seconded by Mr. Hogan and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ruane).
CIVILIAN PENSION BOARD REPORT - FEBRUARY 29, 2008
The Civilian Pension Board met on February 29, 2008 with Chairman Hogan presiding.
Discussion - Alternatives to the Standard Across the Board Pension COLA
Members were provided a booklet of information reviewed by Mrs. Mitchell, Controller/Treasurer. For discussion purposes, she provided members a proposed policy which would establish a process for Ad Hoc Pension COLA.
Referring to the review of the CPI (first bullet), Mr. DePrima suggested that an expectation of the review be included and that, with regards to determining if the asset to liability percentage decreases in the year (last bullet), he suggested that there should be more explanation to make the determination. He relayed concern with the establishment of the proposed policy, explaining his opinion that it would lead to a mandatory COLA. Noting that the Police Pension provides for an automatic COLA, Mr. DePrima explained that it was developed as a result of a negotiated matter with the union. He suggested that if the City is to consider a mandatory COLA, it should be accomplished by the retirees approaching the union members and requesting that it be considered as a negotiated matter.
Responding, Mrs. Rigby indicated appreciation for the evaluation factors since she felt they would provide protection to the plan. She relayed concern with the suggestion of involving the unions with current retirees, explaining her feeling that it would be unfair for current retirees to be tied to employees. She noted that, normally, the benefits negotiated by the unions do not affect retirees.
Mr. Hogan noted that the proposed policy is suggesting a required contribution every year. It was his opinion that the policy should suggest a review to determine if the evaluation factors indicate the ability to contribute $191,670 each year and to determine if it would be feasible for the City to include the contribution amount in the City’s budget.
Responding to Mr. McGiffin, Mrs. Mitchell explained that the proposed policy suggests that the City commit to a contribution in the amount of $191,670 each year for three (3) years; however, this would not necessarily guarantee that Council would provide retirees with a COLA.
To address the concern relayed by Mr. Hogan, Mr. DePrima suggested the addition of another paragraph that would direct the City Manager to include a contribution in the amount of $191,670 in the City’s Budget each year, with the understanding that this contribution is subject to the review and approval of City Council.
In response to the union negotiations, Mrs. Hawkins, Human Resources Director, advised members that not all union members are members of the pension plan. She noted that when the police negotiated their COLA, there was only one (1) pension plan, of which the union representatives were members. She explained that another issue is that if the unions bring this matter to the table, they represent their members and that management employees are not represented by any union.
Responding to Mr. Hogan, Mrs. Hawkins estimated that 2/3 of the employees are members of the defined pension plan and that the remaining 1/3 are members of the deferred pension plan.
Mr. Hogan suggested that Mrs. Mitchell formalize the proposed policy and make revisions based on the discussion of members to be further reviewed by members at a later date.
Discussion on Procedures and Timing of COLA Requests
During a Special Pension Board Meeting on January 16, 2008, members continued a discussion regarding alternatives to the standard across the board pension cost of living adjustment (COLA). As a result, action was deferred on this matter and staff was requested to provide members with those sections of the Charter and Code relative to the City’s Pension Plans, as well as any legal opinions and other pertinent information, for their review and consideration.
Referring to the legal opinion submitted by City Solicitor Rodriguez, dated January 9, 2008, Mr. DePrima noted that the conclusion was based on the concerns that the pension fund included monies contributed by members and the City. He reminded members that the proposal to provide differential COLA’s to retirees included the use of City funds only. Taking this into consideration, as well as the fact that so many other jurisdictions provide differential COLA’s to retirees, Mr. DePrima felt assured that there would be no legal concerns should the City choose to provide differential COLA’s to their retirees.
Mr. Hogan suggested that the next meeting be scheduled for March 26, 2008 at 1:30 p.m. with the only agenda item to be the discussion of this topic.
COLA Request for 2008
During a Special Pension Board Meeting on January 16, 2008, members considered a COLA request for 2008. The majority of members felt that the age formula provided the best alternative and was most equitable for all retirees. It was suggested that the stipend be distributed either once a year (November) or twice per year (July and November) and that the stipend be provided to those retirees that retired prior to January 1, 2008.
The committee recommended that City Council fund a $100,000 one-time stipend to retirees to be provided based on the age of the retiree, to be distributed July 15th and November 15th.
Mrs. Hawkins suggested that there be clarification regarding the retiree’s age, as to whether it is referring to the retiree’s age as of a certain date or when the stipend is dispersed. In addition, she questioned if the stipend would be provided to recent retirees. Mr. Lucas noted that members previously suggested that the stipend be provided to those retirees that retired prior to January 1, 2008.
Mr. Hogan requested that when this matter is presented to Council, Mrs. Mitchell include clarification of the date to be used regarding the retiree’s age in determining the stipend, as well as an effective date that the stipend would be provided to retirees who retired by a certain date.
Mr. DePrima provided members with details regarding the Deferred Compensation Plan and recommended that the retirees of this plan be treated equally, noting that there are only two (2) retirees of this plan at this time.
Mrs. Mitchell reminded members that she recently provided a presentation on the Worker’s Compensation Fund and noted that there was an excess carry forward balance. She stated that during the presentation, staff recommended that $100,000 of this money be transferred to the General Fund for the stipend payment to retirees; however, no action was taken.
Mr. Hogan moved for approval of the stipend for current retirees, including those that retired from the Deferred Compensation Plan, with funding to be provided from the excess carry forward balance in the Worker’s Compensation Fund. The motion was seconded by Mr. McGiffin.
Responding to Mr. Leary, Mrs. Mitchell stated that since the recommendation is to provide a one-time stipend, which will be paid from the General Fund and not the Pension Fund, federal regulations are not involved.
Mr. McGlumphy questioned the precedent that would be set to include those employees that retired from the Deferred Compensation Plan. Responding, Mr. McGiffin explained his concerns regarding this issue. He advised members that when an employee makes a choice between the Defined Pension Plan or Deferred Compensation Plan, neither of them contemplates a COLA. By providing this stipend, he felt that it would provide a compromise until the COLA issue is resolved by the Pension Board.
Mr. Hogan advised members that a workshop will be scheduled to further discuss the issues involving a COLA.
Mr. Ruane suggested that it would be more appropriate for this matter to be considered by City Council during the Budget Hearings.
Mr. Ruane moved to table this matter to allow for its consideration by City Council during the Budget Hearings, seconded by Mr. Slavin and carried by a roll call vote of six (6) yes and three (3) no (Mr. McGiffin, Mr. Hogan, and Council President Williams).
Mr. Hogan moved for acceptance of the Civilian Pension Board Report, seconded by Mr. Leary and unanimously carried.
TAX APPEALS COMMITTEE REPORT - MARCH 26, 2008
The Tax Appeals Committee met on March 26, 2008 with Chairman Ruane presiding.
Dismissal - Comcast Appeal #2007-045
Location: Poles and Lines
Staff recommended that this Appeal be dismissed for lack of submission of requested Appraisal Report. Members were advised that Comcast was given an extension on their appeal. They were given an additional ninety (90) days to submit a USPAP Self-Contained written Appraisal Report (January 31, 2008). On March 6, 2008, a letter was sent to Comcast with the Assessor’s Recommendation for dismissal of the appeal.
Mr. Salters and Mr. Ruane wanted to make sure that the appropriate persons have been notified via Certified Mail - Return receipt. Ms. Russell assured the committee that Comcast had been notified via Certified Mail - Return receipt and that no contact with the Assessor’s Office had been made.
The committee recommended approval of staff’s recommendation to dismiss Comcast Appeal #2007-045.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Assessor’s Recommendation for Change of Value - Hertrich Capitol Auto Dealership Appeal #2007-038
Location: 1127 S. DuPont Hwy. (ED05-077.18-02-900.000-000)
Staff recommended that value be approved as follows:
Market Value appealed: $8,455,900 Recommended Value: $4,153,000
Staff changed their position regarding the valuation of the Hertrich Capitol Auto Dealership. Members were provided a memo from Eugenia Flynn with Tyler Technologies, indicating that she rendered her opinion on the valuation of the property. Mrs. Flynn reviewed the City’s data and the Appraisal submitted by the property owner. Mr. Hertrich has agreed to this value submitted by Tyler Technologies.
Mr. Ruane would like it to be known, that the Committee will continue to support a USPAP appraisal to be required; however, with this case, since a USPAP compliant firm is representing the City, the Committee will accept this appraisal. Members agreed; however, for the future, the Committee would like a representative from Tyler Technologies to be present at such meetings, where they are representing the City, in case the Committee has some question.
The committee recommended approval of the recommended value in the amount of $4,153,300, for Appeal #2007-038, considering that the adjustments made by Hertrich and reviewed by Genie Flynn are not complete and must be revisited upon completion.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Status Clarification
Members considered the following status clarifications:
Collegian Plaza Appeal #2007-030
Location: 116 W. Loockerman St. (ED05-077.09-04-080.000-000)
Staff recommended approval of the value, as follows:
Market Value Appealed: $413,800 Recommended Value: $62,200
Staff changed their position regarding the valuation of the Collegian Plaza Land Value. Members were provided an email from the Assistant City Solicitor, who rendered his legal opinion on the valuation of the land. The value of the land was prematurely valued without a Certificate of Occupancy or change in zoning and should be reverted back to the original value until such time as a Certificate of Occupancy or rezoning is issued.
Members questioned the location of the property and requested Ms. Russell to make sure the property has not been rezoned recently.
The committee recommended approval of the recommended value in the amount of $62,200, for Appeal #2007-030.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Compass Pointe Appeal #2007-031
Location: 800 N. State Street
Staff recommended that the value be approved, as follows:
Market Value Appealed: $2,000,000 Recommended Value: $255,000
Staff changed their position regarding the valuation of the Compass Pointe Land Value. Members were provided an email from the Assistant City Solicitor, who rendered his legal opinion on the valuation of the land. The value of the land was prematurely valued without a Certificate of Occupancy or change in zoning and should be reverted back to the original value until such time as a Certificate of Occupancy or rezoning is issued.
Members requested that staff make sure that the property has not been rezoned recently.
The committee recommended approval of the recommended value in the amount of $255,000, for the Appeal #2007-031.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. McGiffin moved for acceptance of the Tax Appeals Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 18, 2008
A Special Parks, Recreation, and Community Enhancement Committee Meeting was held on March 18, 2008 with Chairwoman Russell presiding.
FY08 Grant Application Presentations, Review, and Recommendations
It was noted that the committee will serve as the FY08 Grant Application Review Panel for the Community Development Block Grant Applications for Fiscal Year 2008. As such, members were provided application details, staff reports summarizing each application, scoring criteria for CDBG funding, a CDBG Review Panel Scoring Sheet, and a worksheet for summarizing individual evaluations of each application. Mrs. Harvey, Community Development Coordinator, requested that each member summarize their evaluation of each application on the CDBG Review Panel Worksheet based on needs determined from the oral presentations from each applicant and individual scoring of each applicant. She explained that the number in the parenthesis for each measure to be scored is the maximum score for a given category. The maximum total points is 100. Mrs. Harvey advised members that the total grant available for activities is $257,336 and explained the allocation requirements of the grant, as follows:
CDBG Funds Allocation $269,266
Anticipated Program Income 52,404
$321,670
20% of the grant must be allocated for $321,670
Program Administration x .20
$ 64,334
Public Service activities cannot exceed 15% $321,670
of the grant x .15
$ 48,250
Total Grant Available for Activities $257,336
ORAL PRESENTATIONS
Each applicant was provided an opportunity to make oral presentations before the committee, as follows:
First State; Resource Conservation and Development Council (RC&D) - $25,000
Ms. Christine L. Stillson, Director of Emergency Home Repair Project, and Ms. Kelley Steed, Field Coordinator, for the First State Resource Conservation and Development Council (RC&D), explained that the grant application, in the amount of $25,000, is to support the activities of the Emergency Home Repair Project for repairing an estimated eight (8) to ten (10) homes in the City of Dover during the 2008/2009 fiscal year. She advised members that these funds will assist very low income homeowners in the elimination of severe housing conditions that constitute immediate health or safety hazards to the residents of the home, such as heating systems, roof replacements, hazardous electrical systems, and wheel chair ramps.
Having received CDBG Grant money in previous years, Ms. Stillson stated that the grants have provided qualifying home repairs to 23 (24 by end of current fiscal year) homeowners within the City limits. Members were provided details regarding the site locations and the repairs that have been accomplished from July 2005 to date.
Connections Community Support Programs, Inc. - $25,000
Representatives of Connections Community Supports Programs, Inc., Mr. Chris Devaney, Vice President of Program Operations, and Mr. Russell Buskirk, Director of Substance Abuse Services, advised members that the organization serves individuals that have been chronically homeless for one (1) year or more and have extremely low income. The grant application, in the amount of $25,000, will increase their capacity to provide access to entitlements and housing for chronically homeless adults in the City of Dover, Connection to Housing and Entitlements for Homeless Persons in Dover Program.
Mr. Devaney explained that Connections Community Support Programs, Inc. provides a comprehensive array of community-based treatment, support, housing, and rehabilitation services for people recovering from and living with mental health and substance use conditions, homelessness, and HIV/AIDS.
City of Dover Police Department - $25,000
Lt. Paul Bernat, Patrol Unit Commander for the City of Dover Police Department, explained that the grant application, in the amount of $25,000, would allow for the Police Department to re-start the Operations Downtown Program in the Target Area. He advised members that this program enhances the quality of life in low and moderate income areas by preventing crime through increased drug enforcement and community policing, especially in the target block and other problem areas. Lt. Bernat indicated that this program allows for additional foot patrols and police involvement in the downtown areas.
Dover Interfaith Ministry to the Homeless - $60,000
Ms. Jeanine Kleimo, Representative of Dover Interfaith Ministry, addressed members regarding the Dover Interfaith Ministry CDBG application in the amount of $60,000 for the development of a shelter for the homeless and to provide services to the homeless to assist in obtaining permanent housing. She advised members of the critical and ongoing need for shelter for men, explaining that other organizations such as Whatcoat and Shepard’s Place give women and children priority.
House of Pride - $15,000
On behalf of Ms. Marian Harris, Mr. Tim McGee, Case Manager, and Mr. Randall Revay, client, represented the House of Pride. Mr. McGee addressed members regarding the House of Pride CDBG application in the amount of $15,000 for operating costs. He stated that the organization provides transitional housing for substance abuse and drug addicted individuals, community outreach, short-term and long-term emergency and transitional housing and community beautification projects.
Staff advised members that the House of Pride received a CDBG grant in 2003 for $25,000, which was returned to the City for failure to comply with program guidelines and to expend the funds in a 24 month period. In addition, the House of Pride received a CDBG grant in 2007 for operating costs which the payments were delayed due to code compliance, life safety code, and zoning compliance issues.
Responding to Mrs. Russell, Mrs. Townshend advised members that a recent inspection of all the properties owned by the House of Pride indicated that there were several code violations. A detailed report was provided to the House of Pride which indicated that they would be provided 30 days to bring the violations into compliance. Although some of the corrections were made, Mrs. Townshend indicated that there are numerous deficiencies. In addition, she advised members that the inspectors had significant concerns regarding the structural stability of two (2) of the properties. The House of Pride was provided 30 days to obtain a structural engineer to conduct an inspection, which has not been accomplished. Mrs. Townshend advised members that there are two (2) additional buildings that are on the City’s Dangerous Building list and are scheduled to be submitted to Council for demolition.
As a client, Mr. Randall Revay advised members that prior to becoming homeless, he had many of the amenities of most Americans, big house, cars, and other luxuries. When his wife became ill, he stated he had trouble dealing with the situation and turned to drugs. In seeking help for himself, he explained the many benefits that the House of Pride has provided to him in his desire to once again be self-sufficient and gain his independence back.
City of Dover Community Development Project: Homeowner Rehabilitation Assistance Program - $91,000
Mrs. Tracy Harvey, Community Development Director, stated that the Homeowner Rehabilitation Assistance Program funds, in the amount of $91,000, will be used to rehabilitate six (6) owner occupied homes and bring them up to housing code for low to moderate income homeowners.
Responding to Mr. Ruane, Mrs. Harvey advised members that each homeowner is allowed $15,000; however, the average amount used by each homeowner in the past has been $8,000 to $12,000. In response to concerns of Mr. Ruane regarding the unencumbered balances for this program, Mrs. Townshend explained that staff cannot assume that the bids will be less than the $15,000 allowed for each homeowner.
City of Dover Community Development Project: Homeownership Assistance Program - $50,260
Mrs. Tracy Harvey, Community Development Director, indicated that the Homeownership Assistance Program funds, in the amount of $50,260, will be used to provide five (5) first time home buyers down-payment or settlement assistance who purchase property in the City of Dover.
Staff provided members with a Status Report of the FY07 CDBG Program Expenditures and a Status Report of the FY06 CDBG Program Expenditures.
REVIEW/SCORING OF CDBG GRANT APPLICATIONS
Members reviewed and discussed the various CDBG grant applications to develop a score for each applicant. In accordance with the HUD regulations, Mrs. Townshend reminded members that public services activities cannot exceed 15% of the total grant, which amount to $48,250. She noted that since the total request for public service activities total $65,000, it will be necessary to make reductions that total a minimum of $16,750. If members decide to fully fund the $48,250 for public services activities, Mrs. Townshend stated that it will be necessary to take $33,924 from the remainder of the requests. She explained that if members wish to fully fund the public services activities, the non public services activities would be reduced by $33,924.
Responding to Mr. Ruane, Mrs. Townshend indicated that the House of Pride is the only applicant that is not compliant with the City Codes and noted that compliance is mandated in accordance with the City’s policy that was recently approved. She explained that staff was required to prepare the CDBG Grant Applications in time for the committee’s review, which was prior to the extension deadline provided to the House of Pride for addressing the non-compliance issues. Since the preparation of the packet material, the House of Pride still has not taken any action to address these issues. Mrs. Townshend stated that if this information would have been known, staff would have excluded them from the submitted applications to be considered by members since they would not have met the criteria in accordance with the City’s policy that was recently approved.
The committee recommended that the House of Pride CDBG application for FY09 be removed based on extensions that have been granted to fulfill their requirements for the FY07 CDBG grant awarded; no such monies shall be awarded until all code violations have been met and the House of Pride is in compliance with all the City’s rules and regulations; it was noted that the members believe in their mission.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane noted that the City has approved two (2) additional police officers dedicated to the work required involving Sex Offenders. He stated that the Police Department had indicated that prior to these additional officers, other police officers shared in this responsibility. It was his feeling that since the additional police officers will relieve the other officers from this responsibility, they would be available for the Operations Downtown Program. If this is not the case and additional officers are necessary to carry out this program, he suggested that the Police Department submit this as a request in their budget.
Mrs. Russell advised members of the positive impact that there is in the target area with the presence of the additional police officers.
With regards to the scoring system, Mr. Ruane felt that there should be a requirement to indicate if there are other funding resources, noting that this is the case for some of the applicants. He also questioned the need for members to use the scoring system in instances when all applicants will be provided grant monies.
After much discussion, it was the consensus of members that the CDBG grant monies be distributed as follows:
Amount Amount
Applicant Requested Recommended
First State; Resource Conservation and
Development Council (RC&D) $25,000 $25,000
Connections Community Support Programs, Inc. $25,000 $15,000
City of Dover Police Department $25,000 $21,000
Dover Interfaith Ministry to the Homeless $60,000 $60,000
City of Dover Community Development Project:
Homeowner Rehabilitation Assistance Program $91,000 $91,000
City of Dover Community Development Project:
Homeownership Assistance Program $50,260 $45,000
The committee recommended that all eligible applicants receive 100 points on their scoring, noting that the House of Pride was eliminated from consideration since it was determined that they were ineligible.
By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. McGiffin moved for acceptance of the Special Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - MARCH 24, 2008
The Utility Committee met on March 24, 2008 with Chairman Ruane presiding.