REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 10, 2007 at 7:30 p.m. with Council President Salters presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Williams.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Salters declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Mickey Reed, 868 Lincoln Street, advised members that on April 25, 2005, an adolescent hit a child of a parent she was interviewing for the possibility of providing day care service. When she asked the adolescent to leave her property, he threatened to “go home and get his gun”. At that point, Ms. Reed stated that she contacted the Dover Police Department and that the dispatcher (to her recollection, the dispatcher’s name was Trish) had suggested that she go to the mother of the adolescent, after being told that the adolescent resides in Simon Circle. She then questioned the dispatcher that if she lived in another neighborhood, would she still advise her to take the same action. Responding, the dispatcher indicated that she was making the matter a racial issue.
Ms. Reed advised members that on July 25, 2005, she heard the alarm at her daycare, located in the rear of her house. As she approached the daycare to investigate, with her one (1) year old daughter on her hip, an individual came from her house whom she recognized as being a homeless, “crack” addict. She immediately contact the Dover Police Department and talked with Officer Barrett, who had indicated he too was familiar with this individual. Ms. Reed stated that the Police took no action to secure her property after the individual had used her toilet, shower, took items from her pocketbook, and had been climbing in and out of her windows.
Ms. Reed relayed her frustration in the lack of attention and response provided by the Dover Police Department and that she had voiced her concerns during an NAACP meeting on November 29, 2005. She was advised by one of the police officers who was also in attendance that she had called the aforementioned dispatcher a racist. At this time, she requested a copy of the recording for incident #10250.
With the recent killing of a child, Ms. Reed stated that she has continuously taken action to improve the quality of living for the Fourth District and has pleaded with the Mayor, City Manager, and others to take necessary action. She advised members that her children are not safe to attend church anymore and requested that members take immediate action to resolve these issues for residents of the Fourth District.
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. Carey and unanimously carried.
Mr. Ruane requested that item #6, Reappointment Recommended by Mayor Williams - Historic District Commission, be included to the consent agenda since it is of a routine and non-controversial matter.
Mr. Slavin moved for approval of the consent agenda as amended, seconded by Mr. Carey and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 27, 2007
The Minutes of the Regular Council Meeting of August 27, 2007 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Carey and bore the written approval of Mayor Williams.
PRESENTATION - ELECTRONIC TAX PAYMENTS
As a part of the City’s e-government strategy, Mr. DePrima advised members that the City is continuously exploring avenues to improve and provide services to our citizens through the Internet. Mr. Callan, Information Technology Director, gave a Power Point Presentation regarding the Electronic Tax Payments and explained the process (Exhibit #1). He noted that the City’s Website has always provided information to our customers and that the City is now beginning to become interactive with the customers by accepting payments. Mr. Callan advised members that this service became active in July 2007, and that there were a total of 30 tax bills paid on-line, totaling over $20,000. He stated that this is the first service providing on-line bill payments and that other services will be added in the near future, with more payment options. Mr. Callan thanked the Finance Department and Administrative Services Department for their assistance in bringing this service to fruition and thanked members of Council for their support.
RESOLUTION - ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) PRINCIPLES AND POLICIES
By motion of Mr. Hogan, seconded by Mr. Carey, Council adopted the following Resolution by a unanimous roll call vote:
WHEREAS, in Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) that provides a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System (ICS) to enhance command, control and communications capabilities; and HSPD-5 requires that all federal, state, territorial, local, and tribal entities institutionalize the use of both NIMS and ICS within their emergency response systems; and
WHEREAS, in order to receive FY 2006 preparedness funding, minimum implementation requirements must have been met; and for FY 2007 and beyond, federal preparedness assistance will be conditioned by full compliance with the NIMS; and
WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will enhance the City's response readiness capabilities, first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of the Dover Emergency Operations Plan (DEOP) as well as various incident management activities throughout the State and Kent County, including public safety and emergency response organization training programs.
NOW THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE mandate that the concepts and principles of the National Incident Management System and the Incident Command System be utilized as the City's official incident management system for day-to-day emergency operations, and during major incident response operations involving State or Federal participation within the City of Dover.
ADOPTED: SEPTEMBER 10, 2007
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 967 SOUTH GOVERNORS AVENUE, OWNED BY HALPERN FAMILY PARTNERSHIP ONE
A public hearing was duly advertised for this time and place to consider rezoning of property located at 967 South Governors Avenue, owned by Halpern Family Partnership One. The property is currently zoned C-PO (Commercial/Professional Office) and R-8 (One Family Residence) and the proposed zoning is C-PO (Commercial/Professional Office). (The First Reading of this ordinance was accomplished during the Council Meeting of July 23, 2007)
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended that the southern portion of the subject parcel be rezoned to C-PO.
Responding to Mr. Ruane, City Solicitor Rodriguez stated that the City could require the applicant, who is currently in violation, to become compliant before accepting a site plan application. Mrs. Townshend assured members that her office would not accept a site plan application for this property until staff is assured that the site is in full compliance.
In response to Mr. Hogan, Mrs. Townshend explained that if the rezoning is granted and then a site plan application is submitted, which is expected, staff would require a minor lot line adjustment. This would alleviate the buildings overlapping separate parcel lines. Mr. Hogan questioned if the City is obligated to correct errors that occurred several years ago. Mrs. Townshend stated that if the zoning is to be extended to the southern parcel boundary, the existing house would become a legal non-conforming use. There would be some expectation that, with the site plan application, that commercial use would be brought on to the property in order to eliminate the legal non-conforming use. She stated that the challenge has been the desire to maintain residential properties in this area; however, generally, for a new site plan application, the desire would be for the legal non-conforming use to be discontinued.
Mrs. Townshend stated that the City could not require the applicant to subdivide the property. She further explained that this action would not resolve the parking problem and the residential lot that would be created would not meet the zoning requirements; therefore, it would require approval of the Board of Adjustment. She explained that there have been errors involving these parcels mixed with zoning violations that create these difficulties.
Public Hearing
Council President Salters declared the hearing open.
Mr. Ben Snyder from the law firm Pricket, Jones, and Elliott - 11 N. State Street, was present on behalf of the applicant and introduced Mr. Braun, engineer for the project. He advised members that the gravel driveway that connected the site to Wyoming Avenue is not currently being used and has been blocked off from access off of Wyoming Avenue. He stated that Dr. Halpern operates his optometry practice from this parcel. There is a severe shortage of parking for commercial businesses along South Governors Avenue, forcing individuals to park along South Governors Avenue, which is a busy street during most of the day. Even with this on-street parking, it does not provide enough parking for Dr. Halpern’s employees. Mr. Snyder stated that Dr. Halpern currently leases parking spaces from The Grange which has not proven to be a safe and practical alternative, particularly in the winter when it becomes dark before the office closes. He advised members that, as noted in the DAC Report, DelDOT has planned to install a 14' center turning lane along this portion of South Governors Avenue, which will leave only a 5' shoulder, thus eliminating all of the on-street parking for Dr. Halpern’s practice.
Mr. Snyder stated that Dr. Halpern has attempted to resolve this parking problem for several years. In December 2001, Dr. Halpern first attempted to rezone an adjacent parcel to the north of this site that connected to South Bradford Street. Due to the public and neighboring property owner’s opposition, the request was withdrawn. He then submitted another rezoning application for the parcels along South Governors Avenue and south of the current site; however, due to comments at the initial Reading of the Zoning Ordinance, that application was withdrawn. Mr. Snyder stated that earlier this year, Dr. Halpern filed a variance application based upon the plans DelDOT proposed for South Governors Avenue; however, since the specific plans were unknown, this application was also withdrawn.
Mr. Slavin moved to suspend the rules, given the fact that Council has a light agenda, to allow those wishing to speak, in favor of and against, the opportunity to do so without a time limit. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
Mr. Snyder explained that the rezoning request is for 6,600 SF of a parcel totaling approximately 20,000 SF from R-8 to C-PO. He noted that it involves a relatively small rezoning along South Governors Avenue and does not encroach properties along South Bradford Street. He also noted that split zoned parcels are disfavored and that there is case law indicating that a split zoned parcel is presumed to have been a mistake. It was his opinion that the rezoning being requested is required by State law since it is consistent and contemplated by the City’s Comprehensive Plan. He reminded members that the State law provides that the Comprehensive Plan shall “have the force of law” and that the City, within 18 months of its adoption of the Comprehensive Plan, must “rezone all lands within the municipality in accordance with the uses of land provided for in the Comprehensive Plan”; therefore, he stated that the law actually requires and mandates that the zoning request that is before members be granted.
It was Mr. Snyder’s opinion that the rezoning request meets the statutory standard in accordance with the Dover Code for rezonings as well. He stated that it is clear that the proposed change is appropriate for the area, does not implicate public school facilities or services, and is in accord with existing and proposed plans for this vicinity, most obvious are the Comprehensive Plan and DelDOT’s plans. It was his opinion that the decision as to whether this property should be commercial was determined in 2005 when the City adopted the Comprehensive Plan.
Mr. Snyder assured members that any concerns of adjacent property owners regarding buffering will be addressed by Dr. Halpern during the site plan review process.
For clarification, Mr. Ruane noted that The Grange is located within the same block and within easy walking distance to and from Dr. Halpern’s business.
Concurring with Mr. Hogan, Mr. McGlumphy stated that he also took offense to the reminder provided by Mr. Snyder regarding the State law. Apologizing, Mr. Snyder indicated that members his comments were not intended to be a lecture. He assured members that the applicant intends absolute future compliance.
Mr. David Braun of Braun Engineering and Survey, 429 South Governors Avenue, stated that he has been working with Dr. Halpern since prior to 1995 when additions were made to the building. At that time, he stated that all of the lot line and zoning issues were the same as now, explaining that whatever errors there are, they must have been pre-1995. In 2001, Dr. Halpern recognized a parking problem and attempted to develop ways to resolve the parking issue and a rezoning request was submitted, which was ultimately withdrawn. He was not aware of any further action until 2005, when the City notified Dr. Halpern that the parking lot and driveway from Wyoming Avenue was not in compliance with zoning codes. Since that time, he stated that his firm has been working with the City to develop a solution and to his knowledge, there has been no parking on the gravel lot. However, the driveway was not actually closed-off until the recent consideration of the rezoning request by the Planning Commission. Dr. Halpern has also been working on having the gravel removed. If the rezoning is approved, he assured members that his firm will meet with City staff to determine what level of compliance will be necessary in order to use the rear of the property for parking before the site plan is submitted.
Responding to Mr. McGiffin, Mrs. Townshend explained that although there may not have been parking on the gravel lot, due to the fact that the gravel lot is in existence, there has not been full compliance. She advised members that inspectors have observed cars parked on the gravel lot on occasions; however, no violations of this nature have been observed for the past six (6) to eight (8) months. As long as the gravel parking area exists, there will be a violation
In response to Mr. Hogan, Mr. Braun indicated that during the site plan review, it will be determined if the house would remain as a viable rental property. He confirmed that currently, the house is being rented and used as a residential property.
Council President Salters declared the hearing closed.
Mr. Ruane moved to deny the rezoning request for property located at 967 South Governors Avenue, seconded by Mr. McGiffin.
Mr. Ruane explained his concern that the rezoning would eventually allow the use of the property for commercial purposes and further denigrate this neighborhood. Based on the history, he did not feel confident that the applicant will assure compliance. He reminded members that there has been an understanding that Council would not allow further commercialization of this area.
On a call for the question by Mr. Hogan, the motion to deny the rezoning failed by a roll call vote of five (5) no, and three (3) yes (Mr. McGlumphy, Mr. McGiffin, and Mr. Ruane).
Mr. McGlumphy, Mr. McGiffin, and Mr. Ruane explained their opposition to the Planning Commission’s recommendation is due to the non-compliance issues involving this applicant and property and the concerns with allowing further commercialization in this area.
Concurring with Mr. Hogan’s concerns, Mr. Slavin instructed staff to assure that the applicant is in full compliance prior to the acceptance of any site plan application.
Mr. Slavin moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a roll call vote of five (5) yes and three (3) no (Mr. McGlumphy, Mr. McGiffin, and Mr. Ruane), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 967 SOUTH GOVERNORS AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property 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 C-PO (Commercial/Professional Office) and R-8 (One Family Residence) to C-PO (Commercial/Professional Office).
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 C-PO (Commercial/Professional Office) and R-8 (One Family Residence) to C-PO (Commercial/Professional Office) on that property located at 967 South Governors Avenue owned by Halpern Family Partnership One.
ADOPTED: SEPTEMBER 10, 2007
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 118 AND 122 ROOSEVELT AVENUE, OWNED BY F. L. AND D., INC. (DR. BRUCE FISHER)
A public hearing was duly advertised for this time and place to consider rezoning of property located at 118 and 122 Roosevelt Avenue, owned by F. L. and D., Inc. (Dr. Bruce Fisher). The property is currently zoned R-8 (One Family Residence) and the proposed zoning is C-4 (Highway Commercial).
The First Reading of this ordinance was accomplished during the Council Meeting of June 25, 2007 and during their Regular Meeting of August 13, 2007, Council approved the request to postpone.
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). The Planning Commission recommended rezoning of the property to C-1A (Limited Commercial).
Responding to Mr. Ruane, Mrs. Townshend stated that the present use is residential rental properties.
Public Hearing
Council President Salters declared the hearing open.
Dr. Bruce Fisher, Rehoboth Beach, advised members that the area surrounding the properties is owned by Hertrich car dealership. With the recent expansion of the Hertrich car dealership, he stated that the residential use does not fit for residential use. There are currently two (2) rental dwellings, neither of which are in good condition.
In response to Mr. Ruane, Dr. Fisher advised members that he is a part owner of a limousine company and that on occasions some of the vehicles for that particular business have been parked at one of the properties; however, the business itself is not run out of that location. The address for the business license is 33718 West Coats Road, Lewes, Delaware. There are a total of seven (7) vehicles for the limousine business and that the majority are parked at the business in Lewes. Depending upon the need for the limousine service in the Dover area, Dr. Fisher stated that there could be three (3) to four (4) vehicles at the Roosevelt property. He also indicated that there have been instances when these vehicles have been washed at the property on Roosevelt Avenue and occasions when drivers go to this location to pick up a limousine, depending upon the location of the need for the vehicles.
Responding to Mr. McGiffin, Dr. Fisher stated that although both of the properties are currently occupied, one (1) of the rental units will be empty and due to termite and mold issues, he intends to obtain a demolition permit for that particular unit as it is not repairable.
Ms. Ruby Newman, 126 Roosevelt Avenue, indicated that she has resided at this location for 60 years and also owns property at 124 Roosevelt Avenue. She advised members of her opposition for any further commercial use along Roosevelt Avenue. Ms. Newman stated that Roosevelt Avenue is a dead-end street, 2/10th of a mile, with two (2) trailer parks, River Chase Apartments with 78 units, Outten Brother Apartments with six (6) units, Patchwork Playhouse Theater, commercial properties where the Blue Hen TV repair was located, Winner Ford, Shore Car Wash, and the new service entrance and exit for Hertrich. She also stated that the road width is 38', with parking allowed on both sides of the road. When the Shore Car Wash backs up, the vehicles in line are on the street. With all of these uses along a 2/10th of a mile, she explained the difficulty in using the street. She advised members that the limousine service uses the property on a daily basis and that there are two (2)-15 passenger busses, two (2) to three (3) stretched limousines, and a van all located on a 50' lot and that these vehicles are stored in the rear of the property. She has tolerated the noise created by the limousine service for a year now and fears allowing another commercial use on this road. Ms. Newman relayed concern with the potential future use of the property if rezoned to commercial and the property were to sell. She provided pictures depicting the use of the properties proposed for rezoning which is viewed from the front of her property on a daily basis.
There being no one else wishing to speak, Council President Salters declared the hearing closed.
Mr. Ruane moved to deny the rezoning request from R-8 to C-1A for properties located at 118 and 122 Roosevelt Avenue. The motion was seconded by Mr. McGiffin.
Responding to Mr. McGlumphy, Mrs. Townshend stated that the applicant is not in compliance with the use of the properties. She advised members that the situation was just brought to her attention and that she observed the property being used for the limousine service. In checking the business license for this business, she stated that the address provided is 1001 South Bradford Street, which is an active business license.
In response to Mr. Carey, Mrs. Townshend stated that the C-1A zoning classification would not allow for the limousine service business.
Mr. Hogan relayed concern with the number of properties where the zoning of properties do not conform to the Comprehensive Plan and suggested that staff make an active search of these situations in order for them to be resolved. He also relayed concern with the actual use of properties and suggested that there be an effort to determine those properties where the usages do not conform to the zoning classification.
By a unanimous roll call vote, Council denied the rezoning request from R-8 to C-1A for properties located at 118 and 122 Roosevelt Avenue.
Since the Planning Commission recommended that the properties be rezoned to C-1A, members provided their reasons for not approving the Planning Commission’s recommendation, as follows: Mr. Carey - changing the zoning classification would not bring the current use in conformance; Mrs. Russell - due to current use being non-compliant; Mr. McGlumphy - due to current use being non-compliant; Mr. Slavin - based on testimony presented; Mr. McGriffin - based on testimony presented, particularly that of Dr. Fisher; Mr. Hogan - violation of current zoning; Mr. Ruane - neither Planning Office or Planning Commission were provided full disclosure regarding the property and that if it were, the Planning Commission would have possibly rendered a recommendation to deny, as well as based on the testimony presented as to its current violation; and Council President Salters - due to current use not being in compliance with present zoning classification.
Mr. Ruane requested that, tomorrow, staff send an inspector to the property to enforce compliance and check licensing discrepancy, and to bring back to Council through the Planning Commission a correction to the Comprehensive Plan due to the encroachment of commercial properties to this neighborhood. It was his opinion that there are two (2) residential properties that could be repaired and provide affordable housing in this community, feeling that there is no need for further commercialization on Roosevelt Avenue.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 27, 2007
The Legislative, Finance, and Administration Committee met on August 27, 2007 with Chairman Slavin presiding.
Budget Process Post- Mortem/Review
Having recently completed the budget process for this fiscal year, Mr. Slavin suggested that members provide staff feedback in order to improve, enhance, etc. the budget process.
Mr. Slavin stated that there should be an earlier opportunity for Council involvement, such as setting priorities. Noting that there are two (2) civilian members of the Legislative, Finance, and Administration Committee, who are charged with overseeing the budget of the City, he felt that they should be invited to all budget hearings and be compensated for their attendance. He also felt that there should be an opportunity provided for a “mark up” session that takes place after the initial budget hearings. Mr. Slavin suggested that the budget schedule be published during this time of the year for the next budget hearings to allow for Council to plan accordingly.
Mr. McGlumphy felt that the Charter should be reviewed as it relates to newly elected members of Council and the budget cycle. He explained that the “hard core” review of the budget begins after the new Council members are sworn in. He suggested that rather than placing the burden on newly elected members, that the budget process begin one (1) month earlier.
Mr. Carey stated that as he had previously suggested, assigning departmental budgets to a particular time worked well, which allowed department heads to schedule accordingly. It was his opinion that three (3) consecutive nights of review is too much which causes the review to become cumbersome. He suggested that there only be two (2) consecutive nights to allow members time to digest the information provided.
Mr. Hogan concurred that having staff scheduled for particular times worked well. He suggested that staff include the “what if” scenarios. With regards to newly elected members of Council, it was his opinion that the problem is with the date of the election and time that new members take office, which would require a Charter change.
Mr. Ruane relayed his disappointment that the City Manager sends out guidance to departments prior to Council’s input. He felt that Council’s input should come prior to the direction given to departments. As it has been in the past, he felt that it makes the budget document more difficult for Council to challenge. He suggested that Council’s budget goals scheduled for January should be developed prior to any direction sent to department heads.
Mrs. Jones questioned if the budgeting process is based on a strategic plan (5 year) and if the departmental budgets are developed in concert with goals and objectives for a period of time. Responding, Mr. DePrima stated that the Capital Improvement Projects are a part of a plan and that a strategic plan was updated a few years ago, which was the result of a Council exercise. Mrs. Tieman stated that the Council has developed a vision and mission for the City and that these are updated every two (2) years. She stated that as a result of the goal session (Council Retreat), some of the issues are incorporated into the budget for the upcoming year, otherwise, they are included in the next year’s budget. She stated that there are critical success factors, such as customer service, revenue protection, etc., that are used to develop the budget.
Mr. Slavin noted that the City is planning to institute a third Council Meeting each month and suggested that the first Council Meeting in November be assigned to discuss issues facing the City that would be drivers to the budget such as healthcare costs, as well as goals that were discussed during the Council Retreat and not included in the budget and any new goals that were not previously considered. This information could provide staff direction in developing the draft budget.
Responding to Mrs. Jones, Mr. DePrima stated that each department has the ability to request new positions during the budget process; however, he stated that there is a hiring justification form that must be completed that includes a cost and benefit section, which is then reviewed by the budget team. Although some of these requests are the result of the department reacting to their own needs, the efficiency of the department, workload, etc., sometimes such a request is the result of a Council directive. There have also been instances when the Council has approved a program which resulted in additional staff.
In response to Mr. McGlumphy, Mr. DePrima stated that he has been tracking each departmental budget to assure that they are within five (5) percent of their budget, which is reflected in each department’s goals.
Mr. Slavin requested that Mr. DePrima prepare a tracking report to be submitted to the Legislative, Finance, and Administration Committee for their review.
Budget Schedule for FY2009 Budget (For Publication by September 1st)
Members were provided a tentative Budget Schedule for fiscal year 2009. Mr. Slavin noted that comments regarding the previous item were relative to the budget schedule, and questioned if members had other comments or suggestions other than the addition of another Council session in November.
Mr. Salters felt that three (3) hours is a long time and suggested that it be reduced to two (2) hour sessions, feeling that it would prove to be more sufficient. Responding, Mr. DePrima felt that the three (3) hour sessions, with a recess, worked much better. He assured members that staff can poll Council to determine their preference as well as the possibility of providing a break that was suggested by Mr. Carey.
Mr. McGlumphy suggested the possibility of the Legislative, Finance, and Administration Committee reviewing the departmental budgets that do not have a large budget, which would allow for Council to concentrate on the budgets involving electric and public works.
Referring to the Revenue Review Committee, Mr. Ruane felt that members of City Council should also have a role in this process.
Mr. Slavin offered to meet with Mr. DePrima and Mrs. Tieman to re-work the schedule to address the concerns relayed by members.
Overview of Allocated Services Departments
Mrs. Mitchell, Treasurer/Finance Director, reviewed and explained the Administrative and Service Department Allocations and the methodology. She stated that these allocations guide what is charged to the utilities for services provided, which is identified in the budget as inter-fund service allocations.
Discussion - Council Policy Statement Regarding Cost of Living Allowances (COLA)
As a result of the recent discussion during the budget hearings with regards to a cost of living allowances (COLA) for retirees, Mr. DePrima advised members that the Human Resources Director has been directed to develop alternative means, other than an “across the board”, for providing a COLA to retirees. He stated that this report will be submitted to the Pension Board and the Legislative, Finance, and Administration Committee for their review. He also suggested the need to revisit the requirement for the Pension Board to review and submit a recommendation to Council with regards to a COLA. It is his opinion that the Pension Board should not be making recommendations to the Council if it involves using fund money (General, Electric, and Water) to support the COLA. If the pension investments can support a COLA, due to a surplus of money in the investment funds, then it would be legitimate for the Pension Board to make a recommendation on a COLA based on the funds in their investments. Mr. DePrima further explained his opinion that the function of the Pension Board is to manage the funds of the pensioners to assure their security and that it is not the position of the Pension Board to make recommendations on what is affordable in the budget.
Mr. Slavin stated that this matter will remain as an open agenda item pending the report to be presented by the Human Resources Director.
By consent agenda, Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote.
REAPPOINTMENT RECOMMENDED BY MAYOR WILLIAMS - HISTORIC DISTRICT COMMISSION - RICHARD SCRAFFORD - THREE (3) YEAR TERM TO EXPIRE JULY 26, 2010
Mayor Williams recommended the reappointment of Mr. Richard Scrafford to serve on the Historic District Commission for a three year term to expire July 26, 2010.
By consent agenda, Mr. Slavin moved for approval of the reappointment of Mr. Scrafford as recommended by Mayor Williams. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 27, 2007.
Chapter 102 - Taxation, Article I - In General, Section 102.4 - Omitted Real Property Assessments
Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Slavin moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 102 - Taxation, Article I - In General, be amended by inserting a new section 102-4 - Omitted Real Property Assessments, to read as follows:
Sec. 102-4. Omitted real property assessments.
(a) Definition: Omitted Assessment. Land or improvements not valued and assessed or included on the assessment rolls or billed due to, but not limited to, the following reasons: computer error, clerical errors, conversion of software or records; missing building permits, failure to issue temporary and final certificates, errors in the preparation of the annual and supplemental tax rolls and billing by any employee or contractor working for the City of Dover.
(b) Collection of Taxes. The failure to receive a bill, or receive an accurate bill does not relieve the taxpayer of the obligation to pay taxes. The City Assessor shall cause for the collection of any and all taxes due for the respective years or any supplemental tax periods that may result from omitted assessments. The omitted assessments shall be applicable and consistent with and shall apply to every assessment of taxes for the previous year or years and to the collection of the taxes.
(c) Periods Covered, and Penalties. Errors that cause an inaccurate assessment or billing can be corrected and the correction shall be applied. Every such omitted assessment shall be collected retroactively for a period of ten (10) years, in addition to the current tax year, prior to the discovery by the City Assessor of omitted assessments. The city shall add a penalty of one and one-half percent per month for each respective month not assessed unless it is evident that there was no prior knowledge of the omitted assessment by the property owner.
(d) Notice; required. The City Assessor shall give notice of any proposed omitted assessment of any real property for any previous tax year or years or supplemental tax periods, to all persons liable to the tax. The notice shall contain a general description, according to Kent County Property Identification Numbering system (PIN), of the real estate and state the year or years for which the real estate is liable to assessment, the name or names of the person or persons liable to assessments or reassessments, according to the legal owners of record on file with the Kent County Recorder of Deeds, and further the value of the assessment. Notice of “Omitted Assessments” shall be by certified mail, return receipt requested and regular United State Postal Mail Service within 30 days of discovery of any omitted assessment.
(e) Appeal. Appeals for omitted assessment shall be the same as general and supplemental assessments appeals.
ADOPTED: SEPTEMBER 10, 2007
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Hogan reminded the public that the Special Municipal Election for Mayor will be held on Tuesday, September 18, 2007 and encouraged residents to exercise their right to vote.
With regards to the Special Election, Mayor Williams announced that the polling places are as follows: Elks Lodge on Saulsbury Road, Seventh Day Adventist Church on Wyoming Avenue, and Dover Park and Recreation Center on White Oak Road. Polls will open at 7:00 a.m. and close at 8:00 p.m.
Mr. Carey reminded members that tomorrow is the anniversary of the 9-11 attack and suggested that everyone take a moment to remember the event and the American Troops that are serving to protect the American people today.
Mrs. Russell stated that her constituents have indicated that they have attempted to apply for positions with contractors who are erecting new buildings in the City and are being advised that the contractors are bringing their own employees who are not residents of the area. She suggested that members take this into consideration when contractors are permitted to work in the City in at attempt to assure that residents who live in the area are able to acquire employment.
Council President Salters announced that tomorrow at 11:00 a.m., the American Legion on Route 113 will be commemorating the 9-11 attack.
Mr. Slavin moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 9:04 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of September 10 2007, are hereby approved.
BEVERLY C. WILLIAMS
MAYOR
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S:ClerksOfficeAgendas&MinutesCouncil-Minutes20079-10-2007 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Presentation - Electronic Tax Payments
Exhibit #2 - Petition to Amend Zoning District-967 S. Governors Avenue, owned by Halpern Family Partnership One
Exhibit #3 - Petition to Amend Zoning District - 118 and 122 Roosevelt Avenue, owned by F. L. and D., Inc. (Dr. Fisher)