REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 27, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mrs. Russell, Mr. Slavin (departed at 8:00 p.m.), Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Sadusky was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed (departed at 8:00 p.m.).
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.
Mrs. Evelyn Greenwood, 547 Pennsylvania Avenue, relayed concerns regarding the recent action by Council in adopting the Resolution for Censure of Councilman Ritter on March 13, 2006. She indicated her support for her councilman and does not feel he has done anything that warrants this action, noting that censure is a very serious charge. She stated that Councilman Ritter represents his constituents well; he was elected by the people, and the people like what he stands for. It was her feeling that Council acted without following proper procedure and that Councilman Ritter is entitled to an investigation of the charges by an impartial committee. Mrs. Greenwood urged members to remove the censure from the record, explaining that it is not only a mark on a Councilman but that of the entire Council.
Mr. Tom Keitel, 212 Meadow Drive, addressed members regarding the explosion of home growth in the area and the impact that it has had and will continue to have on the school districts. Both the Capital and Caesar Rodney School Districts are effected by actions of Council. The new home growth brings with them children that are welcomed; however, it is necessary to educate these children. Referendums continue to fail and he suggested that developers be responsible for providing $5,000 - $7,000 for each new home. Mr. Keitel requested that members consider requiring an impact fee or surcharge for new homes in the City that would provide funding for our schools.
Mr. Robert Peilmeier, Camden, requested Council’s assistance in providing much needed funding for schools. He noted that many school referendums continue to fail because those residents that have been here do not feel it is fair to pay for something needed without assistance of these builders. Although Kent County Levy Court is currently considering applying such a fee to benefit schools, this would not affect homes built within the jurisdiction of municipalities. The proposal being considered by Kent County would cost an additional fee of $2,688 for a $275,000 home to be applied when application is made for a building permit. Although there have been a substantial number of homes recently built, Mr. Peilmeier stated that there are a lot more planned to be built. He submitted a copy of the draft ordinance being considered by Kent County Levy Court and a table depicting quantitative figures on the various surcharges proposed and the benefits that could be provided to the schools. He requested that the City consider a surcharge similar to Kent County.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
Council President Williams introduced and welcomed the new Director of Planning and Inspections, Mrs. Ann Marie Townshend.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan requested the deletion of item #14 - Request of League of Women Voters, noting that as a result of newspaper articles, various organizations have agreed to contribute and a facility has been secured. Mr. Salters requested that item # 9C - Recommended Budget Amendment for the John W. Pitts Recreation Center be considered along with item #8D - Mid-Year Review. Council President Williams requested that items #4 and #5 be switched in their order
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Hogan and unanimously carried.
Mr. Ruane requested that item #11C - City Assessor’s Report, be removed from the Consent Agenda. Council President Williams requested that item #12B - Annual Report Presentation of the Planning and Inspections Department be considered under the Consent Agenda, with the understanding that a Presentation will be made by Mrs. Townshend at the next meeting.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Sadusky absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 13, 2006
The Minutes of the Regular Council Meeting of March 13, 2006 were unanimously approved (Mr. Sadusky absent) by motion of Mr. Carey, seconded by Mrs. Russell and bore the written approval of Mayor Speed.
CERTIFICATE OF RECOGNITION - BAXTER WEBER
At the request of Mr. Slavin, Mayor Speed presented a Certificate of Recognition to Mr. Baxter Weber for service and dedication to the residents of White Oak and Towne Pointe as President of the Civic Association and Chairman of the Neighborhood Watch. Mayor Speed advised members that there is a lot of work involved with these positions and commends Mr. Baxter for his service.
As representatives of the Third District, Councilmen Ritter and Slavin relayed their appreciation for the service provided by Mr. Weber to the citizens of his community and wished him the very best.
RECOGNITION OF AWARD - PATROLWOMAN JENNIFER M. KING - B.P.O. ELKS LODGE #1903 - POLICE OFFICER OF THE YEAR
Mayor Speed was joined by Chief Horvath in paying special recognition to Patrolwoman Jennifer M. King for receiving Police Officer of the Year by the B.P.O. Elks Lodge #1903. As an officer for the City of Dover, they relayed appreciation to Officer King for her dedication and commitment. Mayor Speed read an excerpt from the nomination letter that was written by Major Taraila, as follows:
“As a Patrol Officer, Ptlw. King takes great pride in her profession and ensures that crime victim's and the public at large are treated fairly and professionally. She ensures that her investigations are complete and thorough and remains committed to a case all the way through a successful prosecution. She has been commended by judges for her professionalism and courtroom demeanor.
While on duty, Ptlw. King patrols in a manner to always be on the lookout for criminal activity and yet remains highly visible to those in need of police assistance. Her efforts have paid off, whereas she has detected crimes in progress and subsequently made apprehensions of criminals for crimes such as vehicle thefts, and drug offenses.”
Mayor Speed advised members that during 2005, Officer King was nominated by her Sergeant to be considered for the Department's Officer of the Quarter for both the 2nd and 4th quarters. Due to her efforts in apprehending criminals and her diligence for follow-up investigations, she was named Officer of the Quarter for the 4th quarter of 2005.
PROCLAMATIONS
The City Clerk read the following Proclamations into the record:
Fair Housing Month
WHEREAS, fair housing issues are of concern to all citizens; and
WHEREAS, discrimination continues against minorities in several areas of housing, including lending practices, areas of ownership & restrictive covenants dealing with the sale of homes; and
WHEREAS, the members of Dover's City Council have committed thousands of dollars in Community Block Grant Funds to support efforts to increase home ownership within the City of Dover; and
WHEREAS, many groups in Delaware remain committed to fair housing for all citizens, including the Delaware State Housing Authority, Delaware Housing Coalition, Housing Opportunities of Northern Delaware, and the Statewide Association of Tenants; and
WHEREAS, the City of Dover has partnered with other groups to facilitate and advance housing issues.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the Month of April 2006 as FAIR HOUSING MONTH in the City of Dover and commend this observance to all of our citizens.
Military Retiree Appreciation Day
WHEREAS, the Military Retiree is an integral part of the Dover community and it is especially appropriate at this time to give special recognition to those who have served our country; and
WHEREAS, these outstanding citizens have devoted a major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, we gratefully acknowledge that we live in freedom today because of the many sacrifices that have been made by valiant servicemen and women; and
WHEREAS, these patriots of Dover and many other communities will gather at the Dover Air Force Base for the Annual Retiree Appreciation Day celebration.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Saturday, April 8, 2006 MILITARY RETIREE APPRECIATION DAY in the City of Dover and urge all citizens to honor these brave and heroic members of our community.
Mayor Speed presented the Proclamation to Lt. Col. Ken Smith, Director of Retired Activities at DAFB. Lt. Col. Smith relayed appreciation for the recognition and advised members that there are 2,200 retirees and 500 retiree widows that have chose to reside in the City of Dover and that he expects there will be many more in the near future.
PRESENTATION OF AWARDS BY MAIN STREET DOVER - ST. PATRICK’S DAY PARADE
Council President Williams acknowledged the efforts of the committee members of the 13th Annual St. Patrick’s Day Parade held on March 11, 2006, which was co-sponsored by Comcast Cablevision of Delmarva, Inc., as follows: Paul E. Lakeman (MSD Board President) Tom Smith and Barbara Burkert (Parade Co-Chairs), Carole Gallagher (Event Coordinator), Steve and Connie Welde, Jeff Reed, Cathy Marker, Michelle Robinette, Barbara Williams, Dan Houghtaling.
Mr. Lakeman, Main Street Dover Board President, relayed appreciation to the many people that participated in this year’s event and a special thank you to the Dover Police Department and Fire Department for their assistance in making this a successful event.
Mr. Ed Perez, Main Street Director, and Mr. Lakeman presented the following awards for the 13th Annual St. Patrick’s Day Parade:
Category Recipient
Pot O’ Gold - Anything with Wheels Award: Nur Shrine Potentate & Divan Members
The Blarney Award - Best Mascot South Dover PTA
The Green Machine Aware - Best Float Irish Society of Dover
The Aran Award - Best Animal Robert & Tally Bodner Irish Pomeranians
The Harp Award - Best Musical Group Academy of Dover Marching Band
The Shamrock Award - Most Authentic Irish Theme Steppin Seniors
Leprechaun Award - Best Brigade/Marching Unit Dover High School Jr. ROTC Color Guard and Marching Unit
Mary Fitzpatrick Award (Best Overall) Smyrna’s Citizens Band
Mr. & Mrs. Steve Welde 10 Years of Devoted Service to the St. Patrick’s Day Parade
PRESENTATION - CITY OF DOVER SAFETY COMMITTEE
Mr. DePrima, City Manager, advised members that there was a Safety Committee established in keeping with the Success Factor is safety and employee satisfaction. As a result, there is now a Citywide safety program and he wanted to make members aware of the importance of their work as well as their accomplishments.
Mr. Frank Szyjka, Human Resources Director, stated that the City’s insurance carrier, St. Paul Insurance had suggested that the City establish a citywide safety program. A committee was formed and in April 2004, this committee held their first meeting, with a goal of establishing and enhancing safety in the City of Dover. He introduced Mrs. Kim Hawkins, Human Resources and Safety Coordinator for the City.
Mrs. Hawkins stated that there are 11 members that serve on the City’s Safety Committee and introduced those that were in attendance. She provided a brief overview of the program by giving a Power Point Presentation (Exhibit #1).
PRESENTATION - UPDATE - COMPREHENSIVE STUDY OF DOWNTOWN DOVER
Representing the Greater Dover Committee, Mr. Greg Moore and Ms. Lisa Ratliff, Executive Director, provided an update on the Comprehensive Study of Downtown Dover. Mr. Moore reminded members that the Greater Dover Committee, along with several other key organizations downtown, has hired a consultant to complete a comprehensive study of Downtown Dover. Approximately one (1) year ago, there was a change in leadership and as a result, the Greater Dover Committee established several focus groups. From the information gathered by these groups and listening to the community, it was evident that there are two (2) dire needs of this community: 1) vitalization of downtown; and activities for youth. Mr. Moore stated that as Chairman of the Downtown Revitalization Program, it is his intentions to provide periodic updates on this program.
Mr. Moore explained that the Greater Dover Committee has teamed with various organizations associated with downtown, such as the Downtown Dover Development Corporation (DDDC), Dover Parking Authority, First State Heritage Park, and Kent County Tourism. Meetings have been held over past few months in an effort to select a consultant which would provide guidance on how to approach revitalizing downtown. Considering the vibrant growth being experienced throughout the Kent County area, it is apparent that there is not enough stimulation in our downtown. The goal is to make downtown as vibrant everyday as it was during the St. Patrick Day Parade. The planned approach is holistic; improve businesses, add restaurants and residents, increase residential properties, and to make downtown a safe place, one that serves as a destination point.
The Greater Dover Committee has brought interested groups together to serve as a team to improve downtown and to use their resources for securing an outside consultant to complete a comprehensive study of Downtown Dover. After reviewing and interviewing several firms, the firm of HyettPalma was selected to complete the work. Mr. Moore advised members that HyettPalma is a national firm from Alexandria Virginia, one that is most recognized in the country for knowing how to improve downtowns. It is hoped that through this process, a unified vision will be developed for the revitalization of downtown Dover that will, in turn, guide the implementation of suggested projects which will be in the form of an action plan. The action plan will be prioritized and give details with respect to which organization should lead specific projects, who should fund specific projects, etc. The study is being jointly funded by such organizations as the Greater Dover Committee, the Parking Authority, and the Downtown Dover Development Corporation. In addition, several grants have been awarded including a $10,000 Livable Delaware grant and a $5,000 grant from the Delaware River and Bay Authority.
Mr. Moore stated that at this time, the first matter of business is to create a Process Committee and they would like for a Council representative to serve on this committee (City Clerk’s Office Note: The appointment will take place during the latter part of the meeting). Mr. Moore stated that it is his intentions to provide members of City Council periodic updates on this project.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1542 AND 1554 NORTH LITTLE CREEK ROAD (OWNED BY JOYCE A. BORDLEY AND ROJAN MEADOWS, LLC) AND 1566 AND 1572 NORTH LITTLE CREEK ROAD (OWNED BY TIMOTHY W. AND LYNNE V. MAURER)
An annexation referendum was held on March 16, 2006 for property located at 1542 and 1554 North Little Creek Road, owned by Joyce A. Bordley and Rojan Meadows, LLC., and 1566 and 1572 North Little Creek Road, owned by Timothy W. and Lynne V. Maurer.
Referendum Results
The City Clerk reported that the referendum was held with four (4) eligible voters. Four (4) votes were cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Hogan and unanimously carried.
Annexation
By motion of Mr. Hogan, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote (Mr. Sadusky and Mr. Slavin absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ED00-068.20-01-06.00 - 1542 NORTH LITTLE CREEK ROAD (BORDLEY)
BEGINNING at a found pipe in the southerly right-of-way line of North Little Creek Road at the northwest corner for this lot running S 05O 22' 32" W, 155.09' to a found pipe at the southwest corner for this lot and in the line of lands now or formerly of Mast and Associates, L.L.C.;
THENCE turning and running with the line of lands now or formerly of Mast and Associates, L.L.C. and the southerly line of a 10.00' wide easement for an alley S 76O 20' 26" E, 60.00' to the southeast corner of this lot and in the line of lands now or formerly of Rojan Meadows, L.L.C.;
THENCE turning and running with the easterly line of lands now or formerly of Rojan Meadows, L.L.C., N 05O 22' 32" E 155.04' to the northeast corner of this lot and the southerly right-of-way line of North Little Creek Road;
THENCE turning and running with the southerly right-of-way line of North Little Creek Road N 76O 17' 39" W, 60.00' to the point and place of beginning.
Containing 9,206+/- square feet of land.
ED00-068.20-01-07.00 - 1554 NORTH LITTLE CREEK ROAD (ROJAN MEADOWS)
BEGINNING at a found pipe in the southerly right-of-way line of North Little Creek Road at the northwest corner of lands now or formerly of Joyce A. Bordley;
THENCE running from said point along the southerly right-of-way line of North Little Creek Road S 76O 17' 39" E 60.00' to the northeast corner of lands now or formerly of Joyce A. Bordley to the point and place of beginning;
THENCE running from said point of beginning with the easterly line of lands now or formerly of Joyce A. Bordley S 05O 22' 32" W 155.04' to a corner for this lot and for lands now or formerly of Joyce A. Bordley and in line of lands now or formerly of Mast and Associates L.L.C. and in the southerly line of a 10' wide alley easement;
THENCE turning and running with lands now or formerly of Mast and Associates, L.L.C. and with the southerly line of 10' wide alley easement S 76O 20' 26" E 179.82' to a found concrete monument at the southeast corner for this lot and in the line of lands now or formerly of Mast and Associates, L.L.C.;
THENCE turning and running with the westerly line of lands now or formerly or Timothy W. Maurer N 05O 59' 59" E 159.71' to the northeast corner of this lot and in the southerly right-of-way line of North Little Creek Road;
THENCE turning and running with the southerly line of North Little Creek Road N 76O 17' 39" W 177.93' to the northwest corner of this lot and in the southerly right-of-way line of North Little Creek Road;
THENCE turning and running S 05O 22' 32" W 5.05' to the point and place of beginning.
Containing 28,034+/- square feet of land.
ED00-068.20-01-09.00 - 1572 NORTH LITTLE CREEK ROAD (MAURER)
All that certain lot, piece or parcel of land with the improvements thereon erected situated in East Dover Hundred, Kent County, State of Delaware, lying on the southerly side of North Little Creek Road between Fox Road and Dover; being all of Lot 9 as shown on a plan of Millington Farm and being more particularly bounded and described in accordance with a recent survey by Robert L. Larimore, RLS, dated July 22, 1986, as follows, to wit:
Beginning at a point in the south line of North Little Creek Road at a corner for this lot and for Lot 10, said point being located the following two courses and distances from the center of the intersection of North Little Creek Road with Fox Road: (1) running in a westerly direction along the centerline of North Little Creek Road 1,691.7 feet to a point; thence (2) crossing North Little Creek Road South 15 deg. 21 min. West 35.37 feet to said beginning point; thence from said beginning point along line of Lot 10 South 15 deg. 21 min. West 154.95 feet to a point at a corner for Lot 10 in line of lands now or formerly of Ernest V. Keith; thence along line of lands now or formerly of Ernest V. Keith and with the southerly line of a ten foot easement for an alley North 66 deg. 24 min. West 60.00 feet to an iron pipe found at a corner for Lot 8; thence along line of Lot 8 North 15 deg. 21 min. East 154.95 feet to a point at a corner for Lot 8 in the south line of North Little Creek Road; thence along the south line of North Little Creek Road South 66 deg. 24 min. East 60.00 feet to the place of beginning and containing 9,201 square feet of land, be the same more or less.
ED00-068.20-01-08.00 - 1566 NORTH LITTLE CREEK ROAD (MAURER)
All that certain lot, tract, piece or parcel of land, with improvements, situated in East Dover Hundred, Kent county and State of Delaware, and lying on the southerly side of the public road leading from Dover to Little Creek, known as the North Little Creek Road, bounded on the North by said North Little Creek Road; on the East by Lot no. 9 as shown on plot of Part of Lands of Edgar D. Loper as laid out by Charles C. Brown in February 1951, plot of which is of record in the office of the Recorder of Deeds at Dover, in and for Kent County, in Plot Book 2, Page 32, and which said Lot no. 9 was conveyed unto Mildred Albers; on the South by other lands of Edgar D. Loper; and on the West by Lot No. 7 as shown on said plot, said lot hereby conveyed being designated as Lot No. 8 on the plot aforesaid, and having a frontage on said north Little Creek Road of sixty (60) feet and extending back therefrom a distance of one hundred sixty (160) feet, be the contents thereof what they may.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 28th day of March, 2006 at 12:01 a.m. o'clock.
ADOPTED: MARCH 27, 2006
Public Hearing - Zoning Classification
Mrs. Townshend, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as RG-1 (General Residence) upon annexation.
Council President Williams declared the public hearing open.
Mr. Keith Kooker, Landmark Engineering, appeared before members on behalf of the applicants Rojan Meadows and Joyce Bordley. He explained that the proposed use would be to demolish the existing structures, re-subdivide the land into four (4) lots and construct four (4) new structures.
Responding to Mr. Ruane, Mr. Kooker stated that there was a Traffic Study done involving several developments in this area and incorporated proposed lots. The Study developed a series of recommendations that each developer must meet in order to receive entrance plan approvals for the projects. He assured members that the developer is aware of the requirements as a result of the Traffic Study. He explained that there are already three (3) existing homes and that the plan would take two (2) of these entrances off of Route 8 and onto Rojan Meadows; however, they will not be considered a part of the Rojan Meadows development. He does not know the specifics regarding the additional properties proposed for annexation owned by Timothy and Lynne Maurer.
Council President Williams declared the public hearing closed.
Mr. Salters moved that the property be zoned RG-1 (General Residence) as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote (Mr. Sadusky and Mr. Slavin absent), Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of January 23, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1542 AND 1554 NORTH LITTLE CREEK ROAD
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 RMH - Residential Manufactured Home (Kent County zoning classification) to RG-1 - General Residence (City of Dover zoning classification).
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 has been amended by changing the zoning designation from RMH (Kent County zoning classification) to RG-1 (City of Dover zoning classification) on that property located at 1542 and 1554 North Little Creed Road, owned by Rojan Meadows, LLC and Joyce Bordley.
ADOPTED: MARCH 27, 2006
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 13, 2006
The Legislative, Finance, and Administration Committee met on March 13, 2006 with Chairman Salters presiding.
Discussion - Increase of Bond Limit
During their Regular Meeting of February 13, 2006, members considered increasing the debt limit. Staff was requested to provide the dollar amount that the debt limit of $1,000,000 would be if it were adjusted for inflation from the time the limit was set and a schedule of the debt limits of other municipalities in Delaware for consideration at the next meeting.
Mrs. Mitchell presented a PowerPoint Presentation which included responses to questions previously raised by the committee and provided additional information regarding Debt Management Policies and Referendum requirements. It was Mrs. Mitchell’s opinion that both a policy and referendum would not be necessary; however, that is a policy decision that should be made by Council. She further explained the purpose and reasons for Debt Management Policies, as well as conditions for debt issuance.
Staff recommended authorization to develop a Debt Management Policy that would: 1) incorporate capital planning and affordability analysis to determine if current revenues can support additional debt or if rate/fee increases would be necessary or if there is a potential additional revenue source; 2) debt service financed through taxes and rates of those who benefit from the project; and 3) include conservative policy elements, such as general obligation aggregate indebtedness, General Obligation Bonded debt per capita; annual debt service, and sinking fund requirements. Should members wish to keep some type of referendum requirement, rather than a fixed dollar amount, Mrs. Mitchell suggested that the allowable debt be subject to a percentage and recommended that an additional debt service equate to a property tax rate increase greater than 10% (example for current values, at $.033 rate would equal $771,258 in receipts towards debt service payment of $770,000 or $7 million bonded indebtedness).
Members noted that the Charter Review Committee is in the process of reviewing this matter and felt that further consideration would take place once a recommendation is brought forward. Mr. Ruane relayed concern with delaying consideration due to its effect on potential capital projects. Mr. Slavin cautioned members not to allow particular projects to dictate the type of amendments that should be considered. He suggested that the Charter Review Committee be requested to give Section 50 expedient attention, since this may be a time sensitive issue.
The committee recommended acceptance of the report. It was also suggested that Mrs. Mitchell make a presentation to the Charter Review Committee for their review and recommendation.
Noting that Mrs. Mitchell indicated that it would take a minimum of two (2) months to develop a comprehensive Debt Management Policy, members felt that the Charter Review Committee could bring forth a recommendation with regards to Section 50 of the Charter at the same time that staff submits a recommendation for a Debt Management Policy.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Sadusky absent).
Pay for Performance Evaluation Changes
Feedback received from department heads following last year's PFP evaluations included suggestions to better define a performance rating definition and revising the PFP Evaluation document to combine a redundant core competency. It as noted that there was an error on the action form and that “and address concerns about the overall scoring for commendable and outstanding employees” should be deleted.
Mr. DePrima, City Manager, noted that the performance rating definition of “Needs Improvement” was changed to “Acceptable with Some Improvement Needed” to better reflect that the employee has not failed entirely in an area but has not performed the assigned duties in a fully competent manner, thus requiring additional support of others. He also noted that the competency elements were reduced from seven (7) to six (6) by combining the somewhat redundant competencies of Work Management and Accountability and Leadership into the suggested revised competency of Accountability/Leadership/Work Management. These revisions, along with developing a user friendly, electronic evaluation system were developed for use effective May 1, 2006.
The committee recommended approval of the new electronic form and changes to the PFP Evaluation, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Sadusky absent).
Proposed Ordinance - Appendix D - Downtown Dover Business Improvement District (DDBID) Area
In updating the BID District map (GIS), it was discovered that the map was in conflict with the text. The proposed ordinance amendments to Appendix D - Downtown Dover Business Improvement District, Article II - Definitions, Section 3 - Assessment Zone, and Section 3 - Geographic Boundaries and Paragraph (f) of Section 9 - Method of Assessment of Article III - Establishment, of the Dover Code would correct and update the map describing the BID District.
Staff recommended adoption of the proposed Ordinance amendments to Appendix D - Downtown Dover Business Improvement District of the Dover Code.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Sadusky absent). The First Reading of the ordinance will take place during the latter part of the meeting.
Proposed Ordinance - Reaffirmation of Dover Parking Authority and Dover Housing Authority
While working with the 2005 Dover Code (Green Book), it was discovered that there was little to no mention of a Housing Authority or Parking Authority for the City of Dover. In researching this matter, it was determined that the 1981 Dover Code (Black Book) included a reference to both as an "Editor's Note" in Chapter 2 - Administration. This reference was simply that the City had created the authorities in accordance with Delaware Code. The 1968 Dover Code (White Book) included separate divisions for each in the "Administration" Section that simply noted their creation as provided by the Delaware Code.
In talking with the Deputy City Solicitor, it was suggested that Council adopt ordinances that create the Housing Authority and Parking Authority for the City of Dover in accordance with the Delaware Code. Once these ordinances are adopted, the City Solicitor's Office will assist the City in executing confirmatory deeds for all properties that were reconveyed to the Parking Authority when it was revived.
Staff recommended adoption of the proposed Ordinance amendments to Section 22-2 - Housing Authority and Section 106-111 - Parking Authority of the Dover Code.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Sadusky absent). The First Reading of the ordinance will take place during the latter part of the meeting.
State of the City Budget - Mid-Year Review
Mr. DePrima, City Manager, presented members with the mid-year review of the Fiscal Year 2006 City of Dover Budget. The purpose of this report is to give City Council a mid-year picture of the City’s operating expenses and revenues for all City budgets. This should be considered a proactive exercise so that Council can take necessary actions to adjust budgetary behavior if necessary.
Mr. DePrima stated that, overall, the report projects that the General Fund Budget Balance will increase by $785,230 to $3,768,431. The combined Water/Wastewater Fund Budget is projected to decrease by $29,649 to $1,238,302. The Electric Fund will also decrease by $14,000 to $3,916,880. He reported that “managing to the budget” continues to be successful and that the City Manager and the Finance Director continue to monitor budgets closely.
Mr. DePrima reviewed the details provided and noted that as recently requested, staff provided members with budget replacement pages reflecting the proposed mid-year review budget amendments. If members recommend approval, staff will develop budget ordinance amendments that will be presented to City Council for First Reading on March 27, 2006.
During the committee meeting, Mr. Ruane noted that staff included information for the Recreation Center Funding Plan. The Plan reflects a $400,000 requirement of additional funds, which is anticipated to be funded by the State of Delaware payment in lieu of taxes, as well as private funding in fiscal year 2007. Since the fund balance exceeds the 8% requirement by $715,382 in the General Fund, Mr. Ruane suggested that it would behoove the City to provide all funding necessary for this project and suggested an additional $400,000 be transferred to the Parkland/Recreation Reserve.
Mr. Ruane suggested that members consider designating any residual funds from the carry forward balance to a new account for funding a new Library. He explained that until the City shows some type of commitment, other agencies and organizations are reluctant to do so.
The Legislative, Finance, and Administration Committee recommended approval of the Mid-Year Budget Review for Fiscal Year 2006, as presented by staff.
Mr. Salters advised members that during the Parks, Recreation, and Community Enhancement Committee Meeting of March 14, 2006, members discussed the possibility of including all funding necessary for the John W. Pitts Recreation Center at this time since the fund balance exceeds the 8% requirement by $715,382 in the General Fund. Members were provided a budget sheet for the Parkland/Recreation Reserve depicting an additional amount of $439,891 necessary to fully fund this project.
The Parks, Recreation, and Community Enhancement Committee recommended the additional allocation of $439,891 be transferred to the Parkland/Recreation Reserve and included in the budget amendments proposed by the Legislative, Finance, and Administration Committee. City Clerk’s Office Note: Since the Committee Meeting, the Budget Administrator and Finance Director reviewed the account balance and noted that some contributions were not included; therefore, the amount to be proposed to complete the funding would reflect this change.
Mr. Salters moved for approval of the budget amendments as recommended by the committee, including the adjustments recommended by the Parks, Recreation, and Community Enhancement Committee recommendations, seconded by Mr. Carey.
For clarification, Mr. Ruane noted that the motion is for approval of the budget ordinance that reflects an addition in the amount of $1,174,850 to the Parkland/Recreation Reserve (purple pages) rather than the budget ordinance that reflects an addition in the amount of $834,850 to the Parkland/Recreation Reserve (white pages).
The motion for approval of the budget amendments as recommended by the committee, including the adjustments recommended by the Parks, Recreation, and Community Enhancement Committee was carried with Mr. Ritter voting no (Mr. Sadusky and Mr. Slavin absent). The First Reading of the ordinance will take place during the latter part of the meeting.
Mr. DePrima reminded members of the purpose of the State of the City Budget and read an explanation recently provided to him by the City’s Finance Director/Treasurer, Mrs. Mitchell, as follows: “budgets are dynamic and not static. The City, much like the State, periodically reviews their actual revenues and compares them to budget revenues and if they are found to be higher than the a