ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 14, 2007 at 7:30 p.m. with Mayor Speed presiding. Council members present were Council President Williams (departed at 7:55 p.m.), Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Captain Sammons, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Fire Chief Osika, City Solicitor Rodriguez, and Mrs. McDowell.
The invocation was given by Reverend Terrence Burns, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mrs. Russell and unanimously carried.
Mayor Speed advised members that the Treasurer/Finance Director, Mrs. Mitchell, has requested that item #8A, Purchase of Tasers - Sole Source Vendor, be removed from the consent agenda. Additionally, Mr. Ruane requested that item #8C, Proposed Ordinance Amendment to Appendix C - Downtown Redevelopment, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as revised, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 23, 2007
The Minutes of the Regular Council Meeting of April 23, 2007 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
OATHS OF OFFICE - CITY COUNCIL
The Honorable James T. Vaughn, Jr., President Judge of the Superior Court, administered the Oath of Office to members of City Council, as follows:
Council - At-Large - Carleton E. Carey, Sr.
Council - First District - Kenneth L. Hogan
Council - Second District - Eugene B. Ruane
Council - Third District - James G. McGiffin, Jr.
Council - Fourth District - Reuben Salters
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mr. Salters moved for the appointment of Beverly C. Williams to serve as Council President/Vice-Mayor for 2007/2008, seconded by Mrs. Russell and carried with Mr. Hogan abstaining.
Mrs. Williams thanked everyone for their confidence and appointing her to serve as Council President/Vice-Mayor. She assured members that she would continue to serve in this capacity, working very hard, for the betterment of the City.
RECESS
Mr. Slavin moved to recess to take photographs of the Mayor and members of City Council, seconded by Mr. Carey and unanimously carried.
Meeting recessed at 7:48 p.m. and reconvened at 7:57 p.m.
STATE OF THE CITY MESSAGE - MAYOR STEPHEN R. SPEED
Mayor Stephen R. Speed presented the State of the City Message (Exhibit #1) and gave a Power Point presentation. He gave special appreciation to Ms. Evans-Jackson, Mayor’s Administrative Assistant, for her work on the State of the City Message and thanked the various city departments who provided information to be included.
CERTIFICATE OF RECOGNITION - MAYOR STEPHEN R. SPEED
The City Clerk read the following Certificate into the record:
WHEREAS, in 1985, Stephen R. Speed, graduated from the United States Naval Academy and was designated as a Naval Aviator in August of 1986; and
WHEREAS, in 1994, after nine years, he left active duty and joined the Navy Reserves where he distinguished himself as Commander of Patrol Squadron 64; and
WHEREAS, the members of City Council of the City of Dover wish to congratulate Stephen R. Speed on the occasion of his promotion to the rank of Navy Captain in the Navy Reserves.
NOW, THEREFORE, WE, THE MEMBERS OF CITY COUNCIL OF THE CITY OF DOVER, DELAWARE, are honored to present this Certificate of Recognition to STEPHEN R. SPEED on this 14th Day of May 2007, and commend him for his dedication and commitment and extend our best wishes for success in all his future endeavors.
On behalf of City Council, Mr. Salters presented the Certificate to Mayor Speed. Mayor Speed relayed his appreciation for the recognition given by Council. He noted that there are several individuals doing great things for our Country who deserve recognition and although it is not possible to give such recognition, he accepted the Certificate on their behalf as well. Mayor Speed advised members that the Navy and the United States of America have been extremely good to him and that he has been blessed to have had the privilege to work with some of the most amazing men and women. If it were not for the team effort of these individuals, he would not have been promoted to the rank of Captain. Mayor Speed thanked the Navy and United States of America for giving him the opportunity to continue to serve and lead such great people.
UTILITY COMMITTEE REPORT - APRIL 23, 2007
The Utility Committee met on April 23, 2007 with Chairman Carey presiding.
Annexation Request - 1086 South State Street, Owned by Investments Together, LLC
Members were provided the Petition to Annex and Zone Property and a Cost/Revenue Analysis Summary for property located at 1086 South State Street, owned by Investments Together, LLC.
Mr. Koenig, Public Services Director, advised members that there is a sewer manhole at the edge of the CN-MRI property to the west; however, the Public Utilities Department does not believe that the depth is sufficient to extend gravity sewer to the site. Although the property could be serviced with a grinder pump, an easement would have to be obtained from the adjacent property between the subject parcel and the manhole in order to dump into the manhole. He advised members that water service is available on State Street and that the property is located within the City’s electric service territory. The Cost-Revenue analysis showed a positive cash flow to the City of approximately $4,870 over ten years.
Staff recommended adoption of the Annexation Resolution setting the date of the Annexation Referendum to be held on June 14, 2007.
Responding to Mr. Ruane, Mr. Koenig stated that the applicant is aware that all costs associated with extending the sewer service to this property will be the responsibility of the developer.
The committee recommended adoption of the Resolution setting the date of the Annexation Referendum to be held on June 14, 2007 for property located at 1086 South State Street.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 1086 South State Street, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 1086 South State Street situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 14th day of June, 2007 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: MAY 14, 2007
Annexation Request - South Side of Forrest Avenue, West of Mifflin Road, Owned by Edwin B. Baker, III, Donald M. Carey, and Ruth Carey
Members were provided the Petition to Annex and Zone Property and a Cost/Revenue Analysis Summary for property located on the south side of Forrest Avenue, approximately 1,495.5+/- feet west of Mifflin Road, owned by Edwin B. Baker, III, Donald M. Carey, and Ruth Carey.
Mr. Koenig, Public Services Director, advised members that all utilities are available for the referenced property. The owner/developer will be responsible for all costs and impact fees associated with connecting and extending sanitary sewer and water service to serve the property. He also advised members that the City reserves the right, at the time the property is redeveloped, to require the owner/developer of the property to pay for or make improvements related to any downstream capacity upgrades deemed necessary by the Public Utilities Department. The Cost-Revenue analysis showed a positive cash flow to the City of approximately $29,550 over ten years; however, Mr. Koenig noted that the analysis was performed based on the residential zoning of the subject property. This parcel, as well as the remainder of the Carey Farm (annexed in July 2006) is now planned to be used as a public school site.
Staff recommended adoption of the Annexation Resolution setting the date of the Annexation Referendum to be held on June 14, 2007.
In response to Mr. Ruane, Mr. Koenig stated that the developer of this property will be responsible for any costs associated with extending water and sewer service to this property or a combined parcel. Although it is anticipated that the property will be owned by a school district, Mr. Koenig stated that, in the interim, should an individual wish to reside in the home located on this property and desired to have public water and sewer, they would be required to pay the costs associated to extend these services to the house. The City will not bear the costs to extend these utility services.
The committee recommended adoption of the Resolution setting the date of the Annexation Referendum to be held on June 14, 2007 for property located on the south side of Forrest Avenue, approximately 1,495.5+/- feet west of Mifflin Road.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located on the south side of Forrest Avenue, approximately 1,495.5+/- feet west of Mifflin Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located on the south side of Forrest Avenue, approximately 1,495.5+/- feet west of Mifflin Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 14th day of June, 2007 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: MAY 14, 2007
Update - Franchise Agreement Comprehensive Strategy - Video Services - Parameters for the Negotiations with Verizon for the Franchise Agreement
During their Regular Meeting of April 9, 2007, City Council approved the committee’s recommendation (March 26, 2007 Utility Committee Meeting) that the Treasurer/Finance Director be authorized to seek and engage, through the proper protocols, legal counsel specializing in this area to protect the City's interest in the negotiations with Verizon for a Franchise Agreement. In addition, City Council approved the committee’s recommendation that the Treasurer/Finance Director be authorized to investigate both the legality and methodology for getting reimbursement for the legal counsel costs from the applicant.
As a result, Mrs. Mitchell, Treasurer/Finance Director, presented a proposal from Cohen Law Group to perform Cable Franchise Services. She noted that the Cohen Law Group specializes exclusively in representing municipalities in cable franchise matters and that they have negotiated franchise agreements with Verizon on behalf of over 75 municipalities.
Mrs. Mitchell stated that the Cohen Law Group submitted a flat fee proposal, with a cost in the amount of $12,480, which does not include any extraordinary services requested by the client outside the scope of services contained in this proposal or any unforeseeable developments.
Mr. Ruane requested that the City Manager assure that all due diligence is being followed in regard to Verizon making changes to the wiring on the poles in anticipation of service with the City of Dover. He questioned if staff is monitoring the work being done by Verizon to assure that materials and supplies (such as roll wire being left by a pole and the hanging devices) are not abandoned and requested that this information be reported back to the committee.
In response to Mr. Cregar, Mr. DePrima confirmed that the City currently has working agreements for utilities on City owned poles. He explained that Verizon has the right to install the fiber optic lines; however, at this time, they are not permitted to put video through the lines. Their position is that the fiber optic lines are not used just for video, they also provide for data services and telephone services. He stated that Verizon is simply exercising their right under the telephone franchise to install fiber optic in advance of offering video services.
This information was provided for informational purposes only and no further action was requested of the committee.
PACE/NAES Monthly Reports (March)
Mr. DePrima provided the PACE/NAES Monthly Reports for March 2007. He reminded members that these reports are being provided each month to afford members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements, if deemed necessary. It is not his intent to make a presentation of the reports; however, he welcomed any questions.
Mr. Ruane referred to a memorandum dated April 22, 2007, from Mrs. Mitchell, Treasurer/Finance Director, with the subject “March Monthly Report & Electric Fund Monitoring”. He noted that according to the last paragraph of this memo, PACE informed us the calculation was being done incorrectly and our incentive should be budgeted at approximately $1.6 million rather than our budgeted $964,000. Responding, Mrs. Mitchell indicated that the increased amount has not been factored into the report.
Members concurred that staff should provide members with an update on the calculation issue at their next meeting.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE, FINANCE, & ADMINISTRATION COMMITTEE REPORT - APRIL 23, 2007
The Legislative, Finance, and Administration Committee met on April 23, 2007 with Councilman Slavin presiding.
Purchase of Tasers - Sole Source Vendor
The Police Department submitted a request to purchase 94 Tasers™ and associated equipment for police officers. Captain Sammons, Administrative Division Commander, advised members that the purchase would provide officers with an additional, less lethal, tool to be used during the apprehension of violent, noncompliant and/or resisting offenders. The Tasers™ will add an additional step currently available to the officers prior to utilizing/deploying deadly force. The use of the Tasers™ has statistically reduced the number of injuries officers and offenders alike receive during violent confrontations.
Members were advised that the Police Department has acquired grant funding to pay for these Tasers™ and the associated equipment. The funding which has been approved will pay for the Tasers™, holsters, training probes, regular probes and also the extended four (4) year warranty for a total of five (5) years of warranty. To their knowledge, the Lawmen Police Supply (1484 East Lebanon Road, Dover, DE 19901) is the only distributor in the State of Delaware who is an authorized sales representative of this project.
Staff recommended approval of the sole source contract with Lawmen Police Supply for Tasers™ in the amount of $104,540.85 to be paid through SLEAF, SALLE/EDIE, and grant funds.
The committee recommended approval of staff’s recommendation.
Mrs. Mitchell, Treasurer/Finance Director, advised members that a bid protest was received from another vendor disputing the sole source vendor. Staff requested that this matter be deferred to allow further research.
Mr. Hogan moved to defer the sole source contract with Lawmen Police Supply for Tasers™ in the amount of $104,540.85 to be paid through SLEAF, SALLE/EDIE, and grant funds until next month. The motion was seconded by Mr. Carey and unanimously carried.
Proposed Resolution in Support of the Delaware Civic Center
During a Special Joint Meeting of the City Council and the Legislative, Finance, and Administration, Parks, Recreation, and Community Enhancement, Safety Advisory and Transportation, and Utility Committees held on April 12, 2007, Ms. Carolyn Courtney, Delaware Civic Center Administrator, and Mr. D. Wayne Holden, Vice President of the Delaware Civic Center Corporation, presented a promotional video of the proposed Delaware Civic Center Multi-Purpose Arena. As a result, the City Clerk prepared a Resolution for support of the Delaware Civic Center, similar to the one adopted by Kent County, for the committee’s consideration.
Mr. Hogan requested confirmation that the proposed Resolution served as a statement of support and in no way committed funding of the City.
Responding, Mr. Slavin stated that although it appears that there is an uncoupling of the issue of support for the Civic Center and support for a separate Business Improvement District Tax, both of these issues were presented simultaneously. He felt it would be difficult to disentangle the two (2) issues, since the manner in which it was presented was how it would be accomplished and how it would be financed. He also felt that members would be placing themselves on “slippery footing” if they begin selecting the easier issues for supporting projects such as this, while turning a blind eye towards the more difficult issues, such as financing.
Concurring, Mr. Ruane stated that it is evident that there is linkage between support for the Civic Center and providing financial support. He noted that the perception is that the City would be contributing funding support for the Civic Center and that the purpose of the Resolution is to approach the General Assembly for additional funding. As a result, he is reluctant to move forward with the adoption of the proposed Resolution. Mr. Ruane also felt that it does not provide the opportunity to acknowledge what the City has already done in support of the Civic Center and relayed his disappointment for it not being included. He advised members that according to the City Assessor, the value of the land that was donated by the City (approximately 43 acres in May 2001) is estimated at $33M. He relayed concern with the City providing support that is not specific.
With regard to the value of the property donated by the City, Mr. DePrima explained that the City Assessor was not aware that the property was once a landfill and is unbuildable land, with restrictions; however, it can be capped for parking. In addition, he stated that the majority of the property (3/4) consists of wetlands and that the City Assessor based his previous estimate on only 20% of the property consisting of wetlands. Mr. DePrima reiterated that the estimate provided to Mr. Ruane by the City Assessor was based on not understanding that the property was once a landfill and not buildable, and that the majority of the property is in wetlands.
Responding to Mr. Slavin, Mr. DePrima stated that the Civic Center is proposed to be built on approximately 7-8 acres of land that the Delaware Civic Center Corporation purchased from the Sheraton Dover. The property that was donated by the City will be used for parking.
Ms. Linda Graham-Parkowski, General Manager of the Sheraton Dover, spoke on behalf of the businesses along the Route 13 corridor. She stressed that no business is opposed to the Civic Center; however, before the Civic Center Resolution is passed, they requested that an updated Pro-Forma for the Civic Center be presented to the City, that a special committee be created comprised of Route 13 business owners or their representative and members of Council, so that there can be realistic discussion about the impacts of the Civic Center on the businesses and/or alternative solutions to funding. She requested that members not endorse the proposed Resolution until these two (2) requests are met, stating that although the business owners support the Civic Center, they want to assure that the Civic Center can fund itself without imposing taxes on the business community.
Mr. Scott Kidner, Delaware Hotel Lodging Association, stated that there truly is a perception that the support of the Resolution does in fact, by defacto, make an endorsement for a new business improvement district tax along the Route 13 corridor. The Delaware Tourism Alliances, an umbrella organization made up of many of the restaurants, hotels, tourist related industries in the State of Delaware, along with the Hotel Lodging Association, have both taken the position of “caution”. He stated that neither of the organizations have relayed opposition to the Civic Center, just a concern regarding the new business improvement district.
Mr. Phil McGinnis, Kent County Association of Realtors, stated that although the organization has not met to form an opinion, the Realtors would be opposed to any tax increase in the form of a business improvement district for an issue such as this. It is hoped that some type of task force would be created to study the issue for revenue enhancement for the Civic Center and that the Realtors would be included in the membership.
Mr. McGlumphy reminded members that the previous Mayor, James Hutchison, was the initial supporter of this project, representing the City. Members of Council were informed that the City’s contribution was the land. He relayed concern that now there is an additional request for funding from the City. It was his recollection that the estimated value of the property was $24M when it was donated by the City to the Delaware Civic Center Corporation.
Mr. Slavin noted that during the last three (3) years, the City of Dover property rate increased as well as the electric rate, the Capital School District has instituted two (2) increases, and that there is another expected rate increase. There will be seven (7) recent increases that we have requested the business community to absorb, as well as the residential community. It was his opinion that requesting businesses and residents to absorb another increase for a special project would not be doing service if the issue were not studied, as has been recommended.
The committee recommended that the Council President appoint a Special Committee to study the issue of the City’s support of the Delaware Civic Center and that this committee be charged with looking at a complete financial analysis of the capital operational debt service issues related to the Civic Center.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
The committee tabled consideration of the proposed Resolution.
Proposed Ordinance Amendment - Appendix C - Downtown Redevelopment, Article IV - Development Incentives, Section 2 - Multiple Story New Construction Projects
Mrs. Townshend, City Planner, presented an amendment to Appendix C - Downtown Redevelopment, Article IV - Development Incentives, Section 2 - Multiple Story New Construction Projects of the Dover Code. She reminded members that during a recent Council Retreat, downtown redevelopment was noted as a priority. As a result, staff reviewed what could be improved upon and determined that the City currently allows for a partial impact fee waiver for multiple story new construction projects in the downtown defined area.
Mrs. Townsend stated that the current ordinance does not necessarily help with the preservation of historic buildings located in the Historic District and in need of extreme repairs. She explained that these types of repairs are very costly. Therefore, staff felt that it would be beneficial to include as an eligible project renovations of existing buildings, in addition to the multi-story new construction projects. This will keep it mixed use to allow for a combination of residential, office, retail, and commercial. Additionally, Mrs. Townshend stated that rather than waiving ½ of the impact fee, the entire City impact fee would be waived. It was staff’s feeling that this waiver would reduce the costs for bringing people downtown, allowing them to put these savings into the buildings necessary for renovations.
Mrs. Townshend advised members that staff will be submitting additional ordinance amendments with regards to downtown redevelopment in the near future.
Responding to Mr. Ruane, Mrs. Townshend stated that the amendment would apply to any structure owner who has not yet paid the impact fees for their renovations. She stated that staff is anticipating renovations on a number of buildings currently being sold. Cost projection estimates related to the proposed ordinance amendment have not been prepared. Responding, Mr. DePrima stated that, as an example, for the Collegian project, there would be an estimated savings in the amount of $12,000. In the scope of the impact fees overall, City-wide, it would not be a large amount. He reminded members that during the Retreat, members of Council indicated a desire for more incentives for downtown redevelopment.
The committee recommended adoption of the proposed ordinance amending Appendix C - Downtown Redevelopment, Article IV - Development Incentives, Section 2 - Multiple Story New Construction Projects of the Dover Code.
Mr. Ruane moved to refer the proposed ordinance amending Appendix C - Downtown Redevelopment, Article IV - Development Incentives, Section 2 - Multiple Story New Construction Projects of the Dover Code back to the Legislative, Finance, and Administration Committee to consider a substitute amendment, as well as the entire context in which the proposal is being made, particularly Section 3, which was not available to the committee when they considered the proposed amendment; as well as encouraging them to review not only the fiscal impact statement that they received since the meeting, but also in larger context, a fiscal note that would take into account all the incentive package and then determine how it fits into the context and then bring it back to the full Council. The motion was seconded by Mr. Slavin and unanimously carried. City Clerk’s Office Note: As a result of this motion, the First Reading of this proposed ordinance will not take place during the latter part of the meeting.
Audit Request - Robbins Hose Company
As a result of the Executive Session held by City Council on March 12, 2007, Mrs. Mitchell, Treasurer/Finance Director, obtained a price estimate in the range of $15,000-$20,000 for an independent audit to be conducted of the Robbins Hose Company’s account for fiscal years ended 2004, 2005, and 2006 . The cost for the audit will be paid through the City’s Fire Department budget. The audit will include obtaining reasonable assurance of compliance requirements with the policy and procedures of the Company and the City of Dover, provide written recommendations for establishing and maintaining effective internal controls, disclosing control weaknesses, segregation of duties, and the application of the City appropriations to the respective loans and capital expenses.
The committee recommended approval of the audit of the Robbins Hose Company for fiscal years ended 2004, 2005, and 2006, as recommended by the Treasurer/Finance Director.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Presentation - Other Post Employment Benefits (OPEB)
Mrs. Mitchell, Treasurer/Finance Director, reminded members that the Government Accounting Standards Board has issued a new accounting standard (GASB 45) that the City needs to implement on July 1, 2008. In anticipation of the new standards, she stated that the City’s Actuary was requested to update Other Post-Employment Benefit (OPEB) liability. She provided members a summary of the full report and reviewed the results with members.
Mrs. Mitchell explained that the City’s current benefit obligations consist of providing pension benefits upon retirement, and medical benefits for employees while active and also upon retirement. GASB 45 requires the City to recognize expense for actual costs plus to spread the retirement benefits over the employee’s years of service. There is also the requirement of matching principle, thereby requiring the City to match when the services are rendered to the period when the expense is recorded.
Mrs. Mitchell advised members that when the analysis of the OPEB was accomplished in 2005, the City’s liability for future benefits was over $50M and that the new analysis indicates the liability being at $33M. Part of the reason for the decrease is that by setting up the account in an irrevocable trust, a 7.5% interest rate can be used. The other reason is due to the decrease in the medical trend on the Medicare Part B, since the City reimburses the retiree for this expense. There has been a decrease in the Pre-65 medical claims and there has been a change in the method in which the liability is amortized (from a level dollar method to a percentage of payroll method).
Mrs. Mitchell stated that the budget impact is estimated at $1.9M, as follows: General Fund - $1.5M; Water & Wastewater Fund - $152,000; and Electric Fund - $285,000.
Concurring with Mr. Slavin, Mrs. Mitchell stated that, as a result of the decrease in the liability, the City would not be required to put as much money towards the unfunded liability. Mr. Slavin questioned if the City were to maintain the current discipline and continue to fund at the current levels to close the gap, what it would do to accelerate the buy-down of the liability. Responding, Mrs. Mitchell stated that she could not provide specific amounts; however, she stated that it would accelerate the buy-down. Mr. Slavin requested that Mrs. Mitchell give this issue consideration and what the benefits would be to the City if the liability were to be closed. He requested that staff determine if it would be beneficial to buy-down the liability sooner or “lock in” on the current calendar, maintain discipline, and when the City is able to make such adjustments, provide funds for other items or if this matter should continue to be a high priority and the discipline be maintained in order to remove the liability from the City’s books.
The committee recommended acceptance of the GASB 45 Other Post-Employment Benefits as of July 1, 2006 Report, as presented.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Update - Strategic Evaluation and Work Plan - Tax Assessor’s Office
During the committee meeting of March 12, 2007, members reviewed a Strategic Evaluation and Work Plan 2007-2011 Report of the Tax Assessment Office. Members were advised that the City Charter requires an assessment every three (3) years, the Dover Code establishes the requirement for the independent reassessment and staff’s valuation and assessment, and sets forth the 2010 deadline. Responding to Mr. Ruane, Mr. Capuano, Tax Assessor, suggested that before a Charter amendment is requested, there be a plan developed. Acting Chairman Slavin requested that staff provide an update on the plan during the second committee meeting in April. It was also requested that the plan include consideration of delinquent taxpayers and the provisions that were previously adopted by Council and that the plan include the long-term costs for salaries, benefits, etc. for hiring additional staff personnel for the Tax Assessment Office.
Mr. Capuano advised members that the Cole Layer and Trumble (CLT) Software issue is on-going; there has been a “band-aid” approach for its repair. He stated that this cannot be evaluated until such time as it has been repaired so that an evaluation can be accomplished. Staff is currently seeking replacement or repair of the CLT software. The repair could cost between $15,000-$20,000, which is to occur in May. He indicated that there has been much progress on the realty transfer tax procedures in the office. There are now 27 basic steps, which can be audited. There is also a new Administrative Assistant in the Tax Assessment Office.
Mr. Capuano stated that a series of ordinances are being discussed to close some of the loop holes, such as the omitted assessment. The City currently has no basis to go back and charge companies that have not paid taxes in the past three (3) to five (5) years. Once the ordinances have been developed, they will be brought to the committee for their review and recommendation to Council.
Mr. Capuano stated that April has been a very busy month, with the senior citizens filing their tax exemptions. He advised members that there are 600 applicants this year as compared to 359 last year.
Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 24, 2007
The Parks, Recreation, and Community Enhancement Committee met on April 24, 2007 with Chairman Ruane presiding.
Review of Schutte Park Master Plan
Mr. Zachery Carter, Director of Parks and Recreation, compared the original Master Plan for Schutte Park that was dated 1991 with the most recent Master Plan. Responding to Mr. Ruane, Mr. Carter stated that the installation of tennis courts are included in the five (5) year plan, as well as playground equipment. Mr. Carter noted that the amount budgeted, two (2) or three (3) years out, for the playground equipment is $80,000. Responding to Mr. DePrima, City Manager, Mr. Carter indicated that the amphitheater and park will be built where the soccer fields currently are located.
Responding to Mr. Ruane, Mr. Scott Koenig, Public Services Manager, stated that the road alignment project is in year three (3). He stated that the earmarked funds are $1.5 million over a period of six (6) years and that there is $900,000 accumulated to date. Mr. Koenig indicated that the plan is to use the lands dedicated for the right-of-way towards the required twenty percent (20%) match. He also noted that he would rather not pursue the intersection improvements due to the same improvements being required for the Kesselring Development.
The committee recommended that the five (5) year Capital Improvement Plan for Schutte Park be brought back for members to review at their next meeting.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Update - John W. Pitts Recreation Center
Mr. Carter stated that the John W. Pitts Recreation Center project is on hold due to the weather. He indicated that once the ground dries out, construction will continue.
Update - Planning and Funding for New Library
Mr. Carter indicated that the Request For Proposals for the new library will be released during the week of April 30, 2007. He stated that he met with Kent County Library staff last week and they are planning to go before Levy Court to determine how members of Levy Court can get involved with this project. Mr. Carter advised members that there is approximately $1.3 million set aside for this project and that no funds have been budgeted for this upcoming budget year.
Mr. DePrima stated that Mr. Richard Thau will start as the new Library Director for the Dover Public Library on June 11, 2007. Mr. Thau has over 20 years of experience in libraries, most recently as the Library Director of the Pennsauken New Jersey Library.
Proposed Zoning Text Amendment - Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2)
Members were provided a proposed zoning text amendment to Appendix B - Zoning Ordinance, Article 3 - Section 2 - General Residence Zones (RG-1 and RG-2), of the Dover Code, which would be amended by adding a new section as follows:
2.6 Administrative Waivers: The City Planner shall have the authority to waive the Bulk Standards and Parking Requirements of Article 4 Section 4.2 for all non-conforming lots that existed in the RG-1 zone prior to January 1, 2007, when deemed necessary for redevelopment. The applicant must request such waivers in writing, stating the reasons that such waivers are necessary for development or redevelopment of the subject parcel.
Ms. Janelle Cornwell, City Planner, advised members that staff was requested to prepare this new section due to the number of non-conforming parcels located within city limits. The current variance requires sixty (60) feet of frontage and twenty feet (20) on each side of the proposed structure, therefore, it would be impossible to build a home on a parcel that is thirty (30) to forty (40) feet wide. She also noted that this would solve the problem of having to request a variance from the Board of Adjustment.
Responding to Mr. Ruane, Ms. Cornwell also indicated that the parking requirements could also be waived from the requirement of two (2) off-street spaces to one (1) or no off-street space.
Responding to Mayor Speed, Ms. Cornwell indicated that the main uses for RG-1 and RG-2 are residential and that the corner lot at Reed and New Streets recently went before the Board of Adjustments for a variance due to the parcel size.
Mrs. Horsey indicated that the proposed zoning text amendment should help encourage development.
The committee recommended adoption of the proposed zoning text amendment, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. (City Clerk’s Office Note: The First Reading of this ordinance took place during the Regular Council Meeting of April 23, 2007 and a Public Hearing/Final Reading has been scheduled for the Regular Council Meeting of May 29, 2007).
Loockerman Way Land Sale - Amend Decision to Dispose of Excess Land
Mr. DePrima stated that during the October 9, 2006 City Council meeting, the Council authorized the City Manager to dispose of the city owned property known as “Loockerman Way” to the owner and equitable owner of four adjacent properties to the east and west known as the Collegian Hospitality Group II, LLC. Mr. DePrima indicated that one of two conditions placed on the sale was that a pedestrian access-way be included in the plan for the Collegian for the purpose of allowing access from Loockerman Street to North Street. Originally it was thought that this would not be a problem; however, after several design considerations, it was determined that such an access-way could not be safely designed without severely impacting the overall project design. The project was reviewed by the Planning Commission and approved without such an access-way. Mr. DePrima indicated his concurrence with the overall concern of safety and recommended that condition “b” be removed as a condition of sale.
Staff recommended amending the City Manager’s authorization to sell property known as Loockerman Way at value based on an unbiased appraisal plus appraisal costs, legal cost, and cost of relocating public utilities by eliminating the former condition (b) that a new pedestrian access-way between North Street and Loockerman Street be included in the design of “The Collegian” project. Condition (a) that all construction permits for “The Collegian” project be obtained by the developer of adjacent properties prior to sale will remain as a condition.
The committee recommended that condition (b) - inclusion of a pedestrian access-way be included in the plan for the Collegian for the purpose of allowing access from Loockerman Street to North Street, be removed as a condition of sale.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Discussion - Revisions to Animal Control Ordinance
During their meeting of January 23, 2007, members reviewed the current City of Dover Code, Chapter 18 - Animals, and suggested numerous revisions. Staff was directed to prepare a draft amendment to the ordinance, including the revisions discussed, to be brought back for further review by the committee.
During their meeting of February 27, 2007, members were provided binders which included the ordinance with the recommended revisions, an excerpt from the meeting minutes of the January 23, 2007 Parks, Recreation, and Community Enhancement Committee meeting, the original Dover Code, Chapter 18 - Animals, and the animal ordinances for the City of Wilmington and the City of Newark. It was the consensus of members that a final review of the amendments to Chapter 18 - Animals, which would also include a fines section, definition of animals similar to the City of Newark’s ordinance, and a section regarding convicted felons being prohibited from owning Pit Bulls, be presented at the next meeting.
Members reviewed Draft Version #2 of the Dover Code, Chapter 18 - Animals and suggested several additional changes. After further discussion, it was recommended that a Draft Version #3 be presented for members to review during the next committee meeting.
Update - Puncheon Run Watershed Action Team Update
No update was given.
CDBG Program
No update was give.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - APRIL 24, 2007
The Safety Advisory and Transportation Committee met on April 24, 2007 with Chairman Hogan presiding.
Presentation by Darrel Cole
Mr. Darrel Cole, Delaware Department of Transportation Director of Public Relations, gave a PowerPoint Presentation on DelDOT”s Transportation Fund, which is separate from the General State Fund. Mr. Cole stated that Governor Minner recommended several revenue enhancements, which he is advocating support for, to bring more funding to the transportation system.
Responding to Mr. DePrima, Mr. Cole stated that he will provide a status report on the Wyoming Mill project.
Briefing on MPO Projects
Ms. Juanita Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), provided members with the DelDOT Draft Capital Transportation Plan for Dover Area Projects for FY 2008-2013, DelDOT Capital Transportation Plan Proposed Expenditures for Kent County Projects FY 2008-2013, and Project Status Report for Dover/Kent County MPO Region.
Ms. Wieczoreck stated that the Route 8 Project Consultant has begun an analysis on the impact of the different land uses along the roadway, including the possibility of building a high school on the Carey Farm property. She indicated that with each combination of improvement alternatives the intersection of Route 8 and Saulsbury Road consistently failed. Ms. Wieczoreck noted that the public comment received during the Public Workshop that was held on April 2, 2007 at the DelDOT Administrative Building was incorporated into the different alternatives.
Ms. Wieczoreck stated that Mr. Ralph Reeb, DelDOT Director of Planning, indicated that most of the projects listed in the City of Dover Transportation Project Prioritization List are in, or close to beginning, the planning stages.
Discussion - Ambulance Service Report
Lt. Paul Bernat gave an informational PowerPoint Presentation on the City of Dover Ambulance Service provided by PrimeCare Medical Transport.
No further action was taken.
Discussion - Full-Time Emergency Management Coordinator
During the meeting of March 27, 2007, Lt. Bernat advised members that he serves the Dover Police Department as the Selective Enforcement Unit Commander, which oversees the motorcycle unit, community policing (including the quality of life unit), parking enforcement, animal control, and special events. These responsibilities are in addition to emergency management for the City of Dover. It was his opinion that the citizens of Dover have high expectations for emergency preparedness and that the citizens would be better served if there was a full-time position devoted to emergency preparedness. He felt that the position should be a civilian. Lt. Bernat stated that some of the other cities similar in size to Dover, such as Newark, have their emergency preparedness director under the Director of Building. He stated that Annapolis, Maryland, also a capital city with relatively the same population, has a retired Police Captain serving as their Homeland Security Director as a civilian; for the City of Hagerstown, Maryland, there is a civilian Emergency Management Director for Washington County, which includes an Emergency Planner who oversees nine (9) other cities. Mr. Carey made a motion to recommend acceptance of the concept for the City of Dover to have a full-time Homeland Security/Emergency Management employee and authorizing staff to provide a formal written proposal for the committee’s review, inclusive of details as discussed by members. Mr. McGiffin seconded the motion and it was unanimously carried.
Mr. Scott Koenig, Public Services Manager, reviewed the overview of the proposal for an Emergency Preparedness Coordinator. Responding to Mr. McGiffin, Mr. Koenig indicated that the Emergency Preparedness Coordinator is an added position with a primary function of implementation of the emergency plan, training Staff on the eme