City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

iCal

Jun 26, 2006 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 26, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. Hogan, Mr. Salters, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Speed was also present.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.

Mr. McGlumphy requested that item #9A - Budget Report, be removed from the Consent Agenda.

Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 2006

The Minutes of the Regular Council Meeting of June 12, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

5-STAR RECOGNITION PROGRAM

Mr. Gene Herbert, Chair Emeritus, Employer Support of the Guard and Reserve (ESGR ) and Mr. Donald Glanden, ESGR Committee Member and member of the Navy Reserve, were present to co-sign, with Mayor Speed, the ESGR 5-Star Statement of Support in recognition of the City of Dover’s long-standing commitment of support to its employees who are also members of the National Guard and Reserve.

Council President Williams noted that the following City of Dover employees are Reserve members: Mr. Rodney Rodriguez - Electric, Mr. J.R. (Harlen) Oman - Wastewater, Mr. Turhan Jordan - Finance, Mr. Don Stevens - Public Works - Sanitation, Mr. Ray Reed - Dover Police Department, and Mr. Brian Allen - Dover Police Department.

PACE GLOBAL ASSET MANAGEMENT PRESENTATION

Mr. James G. Utt, Pace Global Asset Management, LLC., and Mr. Steve Goers, North American Energy Services (NAES), the City’s operations and energy management and maintenance providers, gave a PowerPoint presentation of an overview of their companies. They also provided an update on the transition of operations management at the power plant (as on file in the Office of the City Clerk).

SPECIAL COUNCIL MEETING OF MAY 10, 11, 16, 17 AND JUNE 6, 7, AND 9, 2006 (COUNCIL BUDGET HEARINGS REPORT)

The Minutes of the Special Council Meeting of May 10, 11, 16, 17, and June 6, 7, and 9, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

SETTING OF PROPERTY TAX RATE FOR FISCAL YEAR 2006/2007

The current property tax rate for the City of Dover is thirty-three cents ($0.33) per one hundred of assessed valuation. The proposed budget maintains the same rate for the upcoming tax billing.

Mr. Salters moved that the property tax rate remain at thirty-three cents ($0.33) per one hundred dollars of assessed valuation for the upcoming 2006/2007 property tax billing. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 12, 2006

The Legislative, Finance, and Administration Committee met on June 12, 2006, with Chairman Salters presiding.

Electric Supply & Operations Purchasing Policy

In accordance with the Power Plant Operation and Supply contracts the City of Dover will establish all vendor accounts in the City’s name and using the City’s tax identification number. North American Energy Services (NAES) and PACE Global each have established their procurement procedures. These administrative procedures for the purchase of energy and plant operations have been reviewed and approved by the Finance Director. Pace Global is finalizing individual contracts with suppliers, so some changes may be submitted at a later date.

Staff recommended administrative approval of the procurement procedures for operation of the power plan and processing of fuel contracts under the terms of the Operation & Supply contracts.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. Cary moved for administrative approval of the procurement procedures for operation of the power plant and processing of fuel contracts under the terms of the Operation & Supply Contracts (Exhibit #1), as recommended by the committee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.

Proposed Ordinance - Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes - Affordable Housing Complexes

During their Regular Meeting of March 14, 2006, members were provided a presentation by the Ingerman Group on the renovation plan for Capitol Green Apartments. It was noted that the Ingerman Group's goal is to revitalize the apartments utilizing financing from the Delaware State Housing Authority and also obtaining low income housing tax credits. In order to comply with the requirements of the Delaware State Housing Authority, a letter of governmental support from the Mayor of Dover, certification that the property is located within a community revitalization area, and receipt of a local contribution is necessary. This contribution could be accomplished through property tax exemption or abatement. Mayor Speed stated that this project would be a great improvement to the City of Dover and also noted that the City does not receive taxes from the properties because they are owned by the State of Delaware. He suggested that when ownership does transfer, the City should consider some type of tax assistance to benefit the Ingerman Group.

Members considered a proposed ordinance amendment that would establish a tax abatement program for affordable apartment housing complexes. The first draft of the proposed ordinance was submitted by Mayor Speed and, upon further discussion with the Ingerman Group and members of Council, a second, more comprehensive ordinance, was submitted for review. Mr. Salters indicated that the Committee would proceed with the revised ordinance. Mr. Carey, as one of the sponsors of the original ordinance, voiced his support of the revised ordinance.

The committee recommended adoption of the proposed ordinance.

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 First Reading of the ordinance will take place during the latter part of the meeting).

Authorization to Purchase - CISCO Voice Over Internet Protocol (VOIP) Communications System

In Fiscal 2004, The Five Year Strategic Information Technology Plan recommended that the City replace its aging phone system with a voice over internet protocol communications system. The strategic plan recommended budgeting $100,000 for such a system. The project was budgeted for $130,000 in the FY 2006 Capital Investments Plan. In August 2005, the initial RFP was placed with two respondents whose prices were beyond the budgeted estimate. Because there were only two respondents, the decision was made to re-bid. The committee then reviewed seven vendor presentations and selected MTM Technologies. MTM Technologies provided two bids--one for an Avaya system and one for a Cisco system. MTM Technologies conducted departmental discovery meetings and a facilities tour to develop a best and final offer. In May 2006, MTM Technologies submitted their best and final offer to the committee.

Members were provided a brief review of the current and proposed systems. Once system installation begins it is scheduled to take approximately 90 days to complete. Training classes will be available to all employees on the proper operation of the system. Mr. DePrima expressed his thanks to all the members of the VOIP Committee.

Staff recommended authorizing the City Manager to award MTM Technologies the contract for installing a Cisco VOIP system, as presented.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JUNE 13, 2006

The Parks, Recreation, and Community Enhancement Committee met on June 13, 2006, with Chairman Ruane presiding.

Parks and Recreation/Open Space Plans - Review of Active Recreation Areas - DoveView Senior Apartments: Planned Neighborhood Design - Senior Housing Option

In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.

During their meeting of February 9, 2004, the Parks, Recreation, and Community Enhancement Committee reviewed and recommended approval of the Active Recreation Area for Fountainview Senior Apartments. The plan included one (1) pavilion, four (4) picnic tables, eight (8) benches, two (2) grills, one (1) trash receptacle and a shuffleboard court. The stormwater pond was also incorporated into active recreation area with landscaping and by having a two horsepower floating aerator pump (with light) and various water plants; a walking path was also to be constructed around the pond. The Planning Commission granted conditional approval of the plan on February 17, 2004. This Conditional Use Plan is a resubmittal of the Fountainview Senior Citizen Housing Option plan that was originally approved by the Planning Commission. During the check print process, significant changes were made to the plan requiring resubmission to the Planning Commission. The changes are a reduction from five (5) apartment buildings to four (4) and changes in the recreational and open space plan. The total number of apartment units remains at 192 units and the name of the project has changed from Fountainview to DoveView.

DoveView Senior Apartments consists of approximately 6.735^+/- acres of land, situated on the north side of Forrest Street west of Saulsbury Road. Mr. Matthew T. Spong of Larson Engineering presented a revised recreation plan for the DoveView Senior Apartments (as on file in the Office of the City Clerk) which requires 1.212^+/- acres of active open space. The plan proposes a pavilion with two (2) picnic tables on the north side of the stormwater pond within the complex. There are four (4) benches that surround the stormwater management pond located at the center of the site. A smaller area was identified on the northeast corner of the property with two (2) shuffleboard courts, two (2) picnic tables, two (2) grills and a trash receptacle. A winding walking path is provided around the stormwater management pond. In December 2004, subsequent to the approval of the Fountainview project, an interpretation of the City of Dover Zoning Ordinance, Article 5 Section 10.13, determined that stormwater management ponds can no longer be considered as a part of the required active recreation area unless the pond is of a significant size to allow for water based active recreation activities, such as fishing and boating. The plan for DoveView relies on the inclusion of the stormwater management pond to meet the active recreation area size requirements.

Staff noted that Article 5 Section 10.17 of the Zoning Ordinance provides for a cash-in-lieu of active recreation area donation in lieu of a portion of the required active recreation area. This may be an option for the applicant if the plan does not meet the requirements for the active recreation area.

Mr. Spong advised members that the pond would be approximately four (4) feet deep with an aeration fountain adequate to support fish. The proposed community is not designated as an assisted living community and all of the appropriate safety measures will be placed around the storm water pond. The developers will be responsible for maintaining the pond until the homeowner’s association is able to assume maintenance. The pond now meets all of the State of Delaware’s Storm Water Management requirements.

Staff made the following comments and recommendations:

1. The acreage and square footage of the proposed active recreation areas (pavilion, shuffleboard court and developed walking path) needs to be identified on the plan.

2. Provide a pedestrian link to the properties to the east.

3. Staff recommended approval of the shuffleboard courts, pavilion picnic area and developed area of the walking path components as active recreation areas.

4. The stormwater management pond is recognized as an area of open space; however, as per the previous interpretation, it does not meet the requirements for the pond to be considered an active recreation area.

5. The applicant should look into making a cash-in-lieu of Active Recreation Area, for a portion of the required active recreation area. This will require submittal of appraisal information for calculation of the amount in accordance with Article 5 Section 10.17.

6. The applicant should be aware of the following requirements for payment of the cash in lieu of Recreation Area Construction as associated with the development of the residential units:

Article 5 §10.175 Payment of Cash Donation. One hundred (100) percent cash donation provided under this section shall be collected prior to issuing the first building permit for the development.

7. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units, as follows:

Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.

8. There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.

The committee recommended approval of staff’s recommendations and to defer approval until the next meeting to allow staff time to review the revised plan and provide an analysis.

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.

Parks and Recreation/Open Space Plans - Review of Active Recreation Areas - Silver Lake Townhouses on the West Side of Silver Lake Boulevard (Lands of Silver Lake Properties LLC)

Silver Lake Townhouses consists of approximately 9.33^+/- acres of land, situated on the west side of Silver Lake Boulevard, north of Walker Road. Mr. Garth Jones, Becker Morgan Group, presented the Active Recreation Plan for Silver Lake Townhouses (as on file in the Office of the City Clerk), which requires one-half (.50) acres of active recreation space. The plan proposes a gazebo with four (4) benches, a picnic table and two (2) grill areas that surround the gazebo on the south side of the property. An asphalt walking path leads from the townhouses back to the gazebo and connects to Silver Lake Boulevard. The Active Recreation Area is located to the east of the stormwater management pond, just west of Silver Lake Boulevard and totals .58 acres. The area of the stormwater management pond is not counted towards the Active Recreation Area requirement. The pond is a part of the overall open space of the project.

Staff has a concern with the sidewalk access to the Active Recreation Area from Silver Lake Boulevard. The plan identifies a fence along Silver Lake Boulevard that would limit the access to the walking path. A gate or removal of the fence in that area needs to be made to allow access from Silver Lake Boulevard to the Active Recreation Area. The plan also shows a tree directly over the walking path. The tree or the walking path will need to be relocated to allow for access.

Mrs. Horsey stated that she would like to see the pond in a less rectangular shape in the final drawings.

Staff recommended approval of the Active Recreation Plan with the following:

1. The project name must be changed. Silver Lake Townhouses is the name of the existing community on the east side of Silver Lake Boulevard. This project does not appear to be an expansion of the community.

2. Staff recommends revisions to the plan to provide for the connection of the walking path to the sidewalk on Silver Lake Boulevard. This may include a gate or an open area in the fence line or the relocation of the tree or walking path that is over the walking path.

3. Staff recommends approval of the gazebo, picnic area, grills areas, benches and walking path components as active recreation areas.

4. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.

5. There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.

The committee recommended approval of staff’s recommendation.

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.

Eden Hill Farm: Traditional Neighborhood Design - Residential District

Eden Hill Farm: Traditional Neighborhood Design - Residential District consists of approximately 109.2049^+/- acres of land proposed for subdivision to permit 665 residential units, open space areas, community center, and street layout, located on the south side of West North Street and west of the railroad corridor and West Street. Mr. Greg Moore, Becker Morgan Group, presented the Active Recreation Plan for Silver Lake Townhouses (as on file in the Office of the City Clerk), which requires 4.1^+/- acres (182,875 S.F.) of open space designed to function as active recreation space. The plan exceeds the minimum of 25% open space for a Traditional Neighborhood Design development by creating a community walking trail area, parks, and greens throughout the site and a large open space/park area in the southwest portion of the site. The existing historic house of Eden Hill Farm and its tree alleys (entrance drives) are preserved within a large public open space area.

Mr. Moore noted that the majority of the cost of this project will be spent on the Community Center located in the central part of the development. Due to the size the proposed community, Mr. Moore detailed the plans to widen existing roadways. He also advised members that a Memorandum of Understanding was received from DelDOT stating their commitment to the West Dover Connector and other projects to help with the influx of traffic in the area. The City of Dover has also agreed to make the necessary improvements to Clarence Street. Mr. Moore stated that once the internal street system is complete, it is hoped that the State will dedicate them to the City of Dover.

Mr. Moore advised members that the time line for completion of this project is between five (5) and ten (10) years. The developer will be responsible for the maintenance of the lawns, parks, community center, and other open space until the complex is approximately 75% sold, then the homeowner’s association will assume the maintenance duties, with each homeowner paying approximately $465 yearly to the association.

Mrs. Horsey requested that prior to the final plans being finished that the shape of the ponds be revised so they will be less rectangular.

Staff recommended approval of the Traditional Neighborhood Design Implementation Plan - Residential District – Active Recreation Plan with the following:

1. Staff recommends approval of the Community Center Building with pool facility; the series of 12 park spaces with play equipment, benches, picnic and game tables; and walking trail system components as of the Recreation Areas and Open Space for the Residential District of the Eden Hill Farm TND. The project presents a variety of park areas with varying amenities throughout the development.

2. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.

3. There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Saltes and carried by a unanimous roll call vote.

Puncheon Run Watershed Action Team Update

Mrs. Ann Marie Townshend, City Planner, advised members that the data from the Kent Conservation District had not yet been submitted and the timeline for the project has not been reviewed. She noted that more information should be available prior to the next meeting. Mr. Greg Moore stated that the developers have agreed to contribute $16,000 each to the engineering firm retained to conduct the Puncheon Run Watershed Study.

John W. Pitts Recreation Center Update

Mr. Zach Carter, Director of Parks and Recreation, provided an update on the status of the proposed recreation center. He advised members that the Planning Commission approved the plans for the recreation center on June 5, 2006. Construction documents are expected by September and construction may begin as early as October 2006. Mr. Carter noted that the layout has been modified and now totals 19,646 square feet of useable space. The proposed geo-thermal heating element has been removed from the plans due to the recent departure of the Electric Department Director.

Responding to Mrs. Horsey, Mr. Carter noted that the lands to the south of the proposed recreation center could be considered for expansion or additional amenities. Mr. Carter advised members that the second payment has been received from Dover Downs in the amount of $25,000.

Library Site Search Committee

Ms. Sheila Anderson, Director of the Dover Public Library, informed the Committee that there is currently $685,000 in the Library Reserve Fund. Ms. Anderson stated that she will be attending the Kent County Library Advisory Meeting on June 19, 2006 to present the recommendations of the Library Site Selection Committee. Mayor Speed reiterated the importance using the term “partnership” when meeting with representatives of Kent County. Mr. Zach Carter, Director of Parks and Recreation, indicated that the current cost estimate for the proposed library is based on the projected cost for construction to begin in 2010. He noted that the estimate does not include the purchase price or operational costs.

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.

CIVILIAN PENSION BOARD MEETING - JUNE 21, 2006

The Civilian Pension Board met on June 21, 2006, with Chairman Ruane presiding.

Setting Effective Date for Pension Benefits to Be Paid to All Civilian Retirees (COLA)

During the Civilian Pension Board Meeting of February 27, 2000, members directed the City Clerk to maintain a permanent pending agenda item to review pension benefits paid to City of Dover retirees (COLA) prior to the third week in February each year.

During their meeting of February 8, 2006, Mr. Deprima moved to recommend tabling the matter of a Cost of Living Allowance for two months to allow for the review of the budget. During the Council Budget Hearing of June 9, 2006, members approved the funding of a one percent (1%) Cost of Living Allowance (COLA) for retirees, in the amount of $281,291 for the upcoming fiscal year, and paying down the unfunded liability by $120,000 using $250,000 from the General Fund, $50,000 from the Water/Sewer Fund, and $100,000 from the Electric Fund.

The Civilian Pension Board recommended that any individuals who retired prior to January 1, 2006, will receive a 1% COLA.

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.

Pension Benefit Memorandum - Janice Green

A memorandum was provided to members indicating the retirement of Janice Green with 25 years of service. She retired under Section 2-182(b), Early Retirement with Unreduced Benefits. Mrs. Green’s official retirement began May 17, 2006.

By consent agenda, Mr. Carey moved for acceptance of the Civilian Pension Board Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

MONTHLY REPORTS - MAY 2006

By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:

Chief of Police Report

City Assessor Report

City Manager's Report

Mayor's Report

Planning and Inspections Report

Robbins Hose Company No. 1

With reference to the Budget Report, Mr. McGlumphy noted that he reviewed the General Fund, Water/Wastewater Fund, and Electric Revenue Funds and the budget point of reference is now $111.8M; an $11.8M increase over a year ago. He stated that it could be assumed that the City received $11.8M in excess of the $100M budget designated based on the fact that taxes, rates, and fees would be raised.

Mr. McGlumphy moved for acceptance of the Budget Report, seconded by Mr. Carey and carried by a unanimous roll call vote.

EVALUATION OF BIDS - INFORMATION TECHNOLOGY (I/T) EMERGENCY PLAN

The I/T Department completed an I/T recovery plan analysis and is seeking to implement the two (2) main parts of the implementation, as follows:

The first part of the implementation is for a hot site (a fully equipped computer facility to be available in case of a disaster). Two vendors provided proposals (HTE, Inc. and SunGard, Inc.). SunGard, Inc. is used by the State, offered the most experience and provided the lowest cost. In addition, this vendor offered a mobile solution. Once a disaster is declared, they will load the necessary computer equipment in our agreement onto a large truck and drive to a location of our choosing within 48 hours. This is desirable versus the traditional fixed hot site as it keeps City staff as close as possible to home versus requiring travel to a remote location to use computer equipment during a disaster.

Bids for Part 1 (Five year cost) were received as follows:

HTE, Inc. – $116,888

SunGard, Inc. – $ 58,320

The second part of the implementation is for an alternate Internet connection should the City’s existing connection through the State of Delaware be compromised in a disaster. Should that connection be compromised in a disaster, data connectivity outside of City offices will be lost. Since the State uses high speed Verizon lines to connect Delaware to the rest of the digital world, staff searched for an alternative solution. The only valid proposal was withdrawn during negotiations (Cavalier, Inc.). Staff then began discussing a cable versus phone line solution and contacted Comcast, Inc. This provides a much less expensive solution than high speed phone lines and also provides a diverse data path off the peninsula should the State’s connection fail. The cost is for a cable based Internet connectivity data service. Comcast is the sole vendor for this type of connection in the City. For a two-year commitment, the City’s cost will be $1,920. The City has applied for a $100,000 Homeland Security sub-grant through DEMA. The above recommended contracts will be awarded once a written commitment from DEMA for reimbursement has been received.

Staff recommended awarding a five (5) year contract to SunGard, Inc. for Part 1 of the I/T Emergency Plan in the amount of $58,320 and awarding a two (2) year contract to Comcast for Part 2 of the Emergency Plan in the amount of $1,920.

Mr. Hogan moved for approval of staff’s recommendation, pending DEMA approval. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.

CONTRACT RENEWAL WITH DELAWARE PARENT ASSOCIATION TO IMPLEMENT CREATING LASTING FAMILY CONNECTIONS PROGRAM

The City of Dover's Delaware Prevention Network Program has been in existence for 16 years. The State of Delaware Department of Services for Children, Youth and Their Families, Office of Prevention and Early Intervention administers the grant to the City.

The DPN program is a specific science-based program known as Creating Lasting Family Connections (CLFC). Creating Lasting Family Connections was written by Ted N. Strader, Council on Prevention and Education: Substances, Inc. (COPES), Louisville, Kentucky. This is a comprehensive family strengthening, substance abuse and violence prevention curriculum that has scientifically demonstrated that youth and families in high-risk environments can be assisted to become strong, healthy, and supportive people. CLFC provides parents and children with strong defenses against environmental risk factors by teaching appropriate skills for personal growth, family enhancement, and interpersonal communication, including refusal skills for both parents and youth. This program is designed to serve youth ages 9 to 15 and their parents within "at-risk" populations. By focusing on at-risk youth and their parents, this program seeks to serve youth that are predominately under-served by traditional school-based prevention programs.

All program staff are required to obtain facilitator certification through completion of the official CLFC model training. Staff will not be permitted to conduct parent or youth groups until certification has been established. The CLFC will serve 15 to 20 youth and their families over a 20-week period allowing two sessions during the contract year. For the past three years, the City contracted with the Delaware Parents Association to implement this program, and it has done an outstanding job.

Staff recommended continuing to contract with the Delaware Parents Association for program implementation at a cost not to exceed $67,400 for a period of July 1, 2006 through June 30, 2007. Funding, in the amount of $70,000, will be provided by the State of Delaware Department of Services for Children, Youth and Their Families, Office of Prevention and Early Intervention.

Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

REAPPOINTMENTS - BOARD OF ADJUSTMENTS - THREE (3) YEAR TERMS TO EXPIRE JULY 2009 - MAYOR SPEED

Mayor Speed requested the following reappointments to the Board of Adjustments for three (3) year terms to expire July 2009:

Dr. Edward Goate'

Mr. Richard Senato

By consent agenda, Mr. Carey moved for approval of the reappointments to the Board of Adjustments, as recommended by Mayor Speed, seconded by Mr. Salters and carried by a unanimous roll call vote.

REAPPOINTMENT - DOVER MPO PUBLIC ADVISORY COMMITTEE - TWO (2) YEAR TERM TO EXPIRE JULY 2008) - MAYOR SPEED

Mayor Speed requested the reappointment of Mr. William Saunders to the Dover MPO Public Advisory Committee for a two (2) year term to expire July 2008:

By consent agenda, Mr. Carey moved for approval of the reappointments to the Dover MPO Public Advisory Committee, as recommended by Mayor Speed, seconded by Mr. Salters and carried by a unanimous roll call vote.

REAPPOINTMENTS - PLANNING COMMISSION - THREE (3) YEAR TERMS TO EXPIRE JUNE 1, 2009

Mayor Speed requested the following reappointments to the Planning Commission for three (3) year terms to expire June 1, 2000:

Mr. William J. DiMondi (Second District)

Mr. Thomas Holt (Second District)

Mr. John Friedman (Third District)

By consent agenda, Mr. Carey moved for approval of the reappointments to the Planning Commission, as recommended by Mayor Speed, seconded by Mr. Salters and carried by a unanimous roll call vote.

REZONING REQUEST/FIRST READING - PROPERTIES LOCATED AT THE CORNER OF FOX HALL DRIVE AND KENTON ROAD, OWNED BY CLIFTON AND MARIE HUTTON

A request was received to rezone properties located at the corner of Fox Hall Drive and Kenton Road, owned by Clifton and Marie Hutton. These properties are currently zoned RM-1 (Medium Density Residence) and the proposed zoning is RM-2 (Medium Density Residence).

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

By motion of Mr. Salters, seconded by Mr. Slavin, Council unanimously referred the request to the Planning Commission and set a public hearing for August 14, 2006 at 7:30 p.m.

In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED AT THE CORNER OF FOX HALL DRIVE AND KENTON ROAD.

FIRST READING - PROPOSED ORDINANCE

Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of July 10, 2006.

In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:

Proposed Ordinance - Chapter 102 – Taxation, Article IV – Abatement of Real Estate Taxes - Affordable Housing Complexes

(Legislative, Finance and Administration Committee)

FINAL READING - PROPOSED ORDINANCES

The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 12, 2006.

Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings

Mr. Hogan moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.

Mr. McGlumphy moved to waive the rules to allow Mr. Sean Lynne to address members regarding the vacant building ordinance, seconded by Mr. Slavin. The motion failed by a roll call vote of three (3) yes, five (5) no (Mr. Carey, Mrs. Russell, Mr. Salters, Mr. Ruane, and Mrs. Williams).

Mr. Ruane moved for adoption of the ordinance amending Chapter 22 - Buildings and Building Regulation, seconded by Mr. Hogan.

Mr. Slavin stated that, although he appreciated all of the work that has gone into this ordinance, he would be voting against it because he believes that a commensurate amount of work should have been put into identifying incentives for keeping properties occupied rather than applying another layer of penalties to people who are trying to do business in an area that is difficult for business.

By a roll call vote of seven (7) yes, one (1) no (Mr. Slavin), Council adopted the following ordinance:

BE IT ORDAINED BY THE MAYOR IN COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That Chapter 22 - Buildings and Building Regulations, be amended by creating a new Article XII - Vacant Buildings, as follows:

Article XII. Vacant Buildings

Sec. 22-400. Purpose; applicability; definitions

(a) Purpose. The purpose and intent of this article is to establish a registration and identification program of vacant buildings within the City of Dover. Vacant buildings are detrimental to the surrounding buildings and neighborhoods in which they exist. The article is also to ensure the public health, safety and welfare insofar as they are affected by vacant buildings within the City of Dover. The health, safety and welfare of the neighborhoods in which vacant buildings are located are of the utmost importance to the city, as is the general community character in which these vacant buildings are located.

(b) Applicability. The provisions of this article shall apply to all matters affecting or relating to vacant buildings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern.

(c) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribe to them in this subsection, except where the context clearly indicates a different meaning.

(i) Vacant building means a building, structure, residential structure or a dwelling unit or commercial unit within a building that has been left unoccupied or unattended for three months or more.

(ii) Actively for sale or lease means the building is being actively marketed through a licensed real estate broker or the owner who is regularly advertising the property in newspapers circulated in and around Dover, it is being offered for sale or lease at a cost of no more than 25% over market rate as determined by the City Assessor, and the building is in reasonable condition for sale or lease, including but not limited to: no trash has collected inside or outside of the building, the utilities are functional, and it is not being used as storage that is unrelated to the former use.

Sec. 22-401 Monitoring, Inspection and Condition Standards

(a) The Building Inspector shall inspect any premises in the City for the purpose of enforcing and assuring compliance with the provisions of this article. Upon request of the Building Inspector, an owner shall provide access to all interior portions of a vacant building in order to permit a complete inspection.

(i) Once a building/structure/unit or residence (hereon after referred to as building) is registered as a vacant building, the vacant building shall be inspected annually for as long as it is considered vacant.

(b) The vacant building shall be secured; however the windows and other entrances shall not be boarded or made opaque.

(c) The vacant building shall be in reasonable condition (all utilities shall be functional, there shall be no trash or debris inside or outside the building and it shall not to be used as storage that is unrelated to the former use).

Sec. 22-402 Agent- Responsible Person Required

(a) Property manager: any owner of a vacant building, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other real estate for a fee and who resides in the county acting as a property manager. The property manager, including family members and designated individuals, shall have charge, care and control of the vacant building, and shall provide access to the vacant building for inspection upon request by the building inspector, within 90 days.

(b) Corporate or partnership owners. Any corporation or partnership owning a vacant building shall have a designated member, partner, or employee having charge, care and control of the vacant building. The designated member, partner or employee shall reside in or have an office located in the county, or shall be required to have a licensed property manager residing or having an office located in the county, or other designated individual who does not manage any other real estate for a fee, and who resides in the county, acting as a property manager. The property manager, or other designated individuals shall have charge, care and control of the vacant building, and shall provide access to the vacant building for inspection, upon request by the building inspector, within 90 days.

Sec. 22-403 Registration & Registration Fee

(a) Registration of Building:

There are two ways to register the building as vacant.

(i) The owner shall register with the city not later than 30 days after any building in the city becomes vacant, as defined.

(a) The registration of the vacant building shall include the site address, the name of the current owner or owners, current address of the owner and of all applicable owners, tax parcel number, proof of insurance on the building, description of the condition of the building, plans for the building (to eliminate the vacancy), the responsible person or agent and their contact information and any other applicabl

Agendas

attachment_1

Attachments

attachment_3.pdf