REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 14, 2004 at 7:37 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Major Harding, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
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.
Mr. L.D. Shank of 309 Corey Lane, Odessa, Delaware, read the following into the record:
“Mr. Mayor, Madam President, Members of Council, City Staff, Ladies and Gentlemen:
My name is L.D. Shank. I am a native of Dover and a veteran of the US Army. I stand before you this evening to offer the City of my birth a unique opportunity to serve itself, its senior citizens and the veterans of our entire State.
So as to dispel any rumors before they begin, my family and I are offering 20 acres of the 224 acres of land the we either own or are the equitable owners of either bordering White Oak Road or Long Point Road, whichever might best serve the needs of the Veterans and the City of Dover.
All of this land is in the City of Dover with water, sewer, and utilities which makes it Liveable Delaware!
At your next Council meeting, I will be presenting a plan to place the entire 224 acres under the senior overlay zone to allow for a planned neighborhood design dedicated strictly to veterans and seniors alike. I am submitting to you this evening a preliminary sketch (as on file in the Office of the City Clerk) of some of what is possible under the senior overlay zone.
Development East of SR1 is currently not a popular subject but once members of the appropriate governing bodies discover that water and sewer were placed east of town long before the East Dover Bypass was ever conceived, I believe they will be firmly in favor of this utilization. We need to recall that historically George Carroll owned a 400 acre farm which he sold to Roland Garrison in the 1940's declaring that he could not make a living farming there. Crawford Carroll, George’s son, realized that marginal farmland existed east of the City, hence, encouraged the annexation of lands and the extension of utilities so that the land could grow a City instead of crops.
In closing, you should know that I am the grandson of two gentlemen who each had a profound effect on my life: Ralph C. Wilson (25 years as Secretary of State Board of Agriculture for the State of Delaware and contributor to the creation of Bombay Hook) and L.D. Shank, the first City Manager of Dover who, among other things, brought to Dover the International Latex Corporation which spawned the ILC, Playtex Family Products, Playtex Apparel and Reichold Chemical Industries.
In donating this land, my family hopes to honor these two gentlemen for their combined visions of preservation and economic development. I thank you for the courtesy of allowing me the opportunity to present this idea to you for consideration. If there are any questions, please advise.”
Ms. Janice Sibbald, 144 Blue Beach Drive, reiterated her concerns with the elimination of the Transportation Review Committee and reminded members of the discussion that occurred during the Legislative, Finance, and Administration Committee meeting of August 25, 2003, which is when the committee recommended that a new standing committee be established entitled Transportation Review Committee. Ms. Sibbald also reminded members of the benefits that have resulted from this committee and questioned what has changed in the past eight (8) months to warrant the elimination of this committee as a stand alone committee.
Mr. Eric O’Brien, 30 N. New Street, provided additional information regarding the quality of life on his street (as on file in the Office of the City Clerk), which consists of a 93 page document to be submitted to the Human Relations Commission for their review. He has been advised that the Safety Advisory Committee will be reviewing his concerns during their meeting scheduled for Wednesday evening, June 16, 2004; unfortunately, he will not be able to attend the meeting and suggested that members review the document in his absence.
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. Slavin and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 24, 2004
The Minutes of the Regular Council Meeting of May 24, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
PRESENTATION - CERTIFICATES OF APPRECIATION - SAL LEONE, JOHN J. FRIEDMAN, MICHAEL A. ZIMMERMAN, AND ROBERT A. BUNNELL - DONATIONS TO JULY 4TH CELEBRATION COMMITTEE
Mayor Speed presented Certificates of Appreciation to Mr. Sal Leone, Mr. John J. Friedman, Mr. Michael A. Zimmerman, and Mr. Robert A. Bunnell. Mayor Speed advised members that Mr. Friedman was not able to attend this evening’s meeting but assured members that he would be presenting the Certificate to Mr. Friedman.
The City Clerk read the following Certificates of Appreciation into the record:
Certificate of Appreciation - Sal Leone
WHEREAS, the State of Delaware, City of Dover, and the Central Delaware Chamber of Commerce, with assistance from Kent County government and Dover Air Force Base, worked as a collective unit to bring the Independence Day festivities to the Capitol Complex; and
WHEREAS, this partnership was successful for several years but unfortunately came to an end in 2003 because expenses for the ceremony far outweighed the monetary support; and
WHEREAS, after reading in the media that the Central Delaware Chamber of Commerce could no longer take the lead role in fundraising, citizens became concerned that there would be no July 4th celebration in the future; and
WHEREAS, on December 8, 2003 City Council approved the creation of the July 4th Celebration Committee and appointed members to serve until the Annual City Council Meeting in 2005; and
WHEREAS, Sal Leone, in order to show his support to the Committee and to the citizens of Dover and surrounding communities, donated $10,000 to the July 4th Celebration Committee.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby award this Certificate of Appreciation to SAL LEONE for his generous contribution which will enable our citizens to celebrate our independence on Sunday, July 4, 2004 with many festivities, culminating with a fireworks display on Legislative Mall.
Certificate of Appreciation - Michael A. Zimmerman
WHEREAS, the State of Delaware, City of Dover, and the Central Delaware Chamber of Commerce, with assistance from Kent County government and Dover Air Force Base, worked as a collective unit to bring the Independence Day festivities to the Capitol Complex; and
WHEREAS, this partnership was successful for several years but unfortunately came to an end in 2003 because expenses for the ceremony far outweighed the monetary support; and
WHEREAS, after reading in the media that the Central Delaware Chamber of Commerce could no longer take the lead role in fundraising, citizens became concerned that there would be no July 4th celebration in the future; and
WHEREAS, on December 8, 2003 City Council approved the creation of the July 4th Celebration Committee and appointed members to serve until the Annual City Council Meeting in 2005; and
WHEREAS, Michael A. Zimmerman, in order to show his support to the Committee and to the citizens of Dover and surrounding communities, donated $10,000 to the July 4th Celebration Committee.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby award this Certificate of Appreciation to MICHAEL A. ZIMMERMAN for his generous contribution which will enable our citizens to celebrate our independence on Sunday, July 4, 2004 with many festivities, culminating with a fireworks display on Legislative Mall.
Certificate of Appreciation - John J. Friedman
WHEREAS, the State of Delaware, City of Dover, and the Central Delaware Chamber of Commerce, with assistance from Kent County government and Dover Air Force Base, worked as a collective unit to bring the Independence Day festivities to the Capitol Complex; and
WHEREAS, this partnership was successful for several years but unfortunately came to an end in 2003 because expenses for the ceremony far outweighed the monetary support; and
WHEREAS, after reading in the media that the Central Delaware Chamber of Commerce could no longer take the lead role in fundraising, citizens became concerned that there would be no July 4th celebration in the future; and
WHEREAS, on December 8, 2003 City Council approved the creation of the July 4th Celebration Committee and appointed members to serve until the Annual City Council Meeting in 2005; and
WHEREAS, John J. Friedman, took the lead by chairing this newly established committee and is overseeing all components to carry on the tradition of a July 4th celebration in Dover.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby award this Certificate of Appreciation to JOHN J. FRIEDMAN for his tireless efforts and support to the citizens of Dover and surrounding communities which will enable us to celebrate our independence on Sunday, July 4, 2004 with many festivities, culminating with a fireworks display on Legislative Mall.
Certificate of Appreciation - Robert A. Bunnell
WHEREAS, the State of Delaware, City of Dover, and the Central Delaware Chamber of Commerce, with assistance from Kent County government and Dover Air Force Base, worked as a collective unit to bring the Independence Day festivities to the Capitol Complex; and
WHEREAS, since the late 1990s, Robert E. Bunnell chaired the Fourth of July Committee, and thanks to his leadership, the citizens of Dover and surrounding communities could take pride in patriotic celebrations in the Capital City; and
WHEREAS, during this time, he was not only responsible for program development, but his responsibilities also included chairing all subcommittees, setting up all chairs in the staging area, assembling people on the stage and making sure streets were closed; and
WHEREAS, Robert E. Bunnell, being devoted to this worthy cause, agreed to lend his expertise by agreeing to serve on the July 4th Celebration Committee established by the Dover City Council on December 8, 2003, after the Central Delaware Chamber of Commerce decided it could no longer lead this effort.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby award this Certificate of Appreciation to ROBERT E. BUNNELL for his tireless efforts and community support which have enabled us to celebrate our independence for several years on July 4th, with many festivities, culminating with a fireworks display on Legislative Mall.
PRESENTATION - LUTHERAN SENIOR SERVICES OF DOVER, INC. - CONTRIBUTION IN LIEU OF TAXES
Mr. Robert E. Bunnell, Executive Director of Lutheran Senior Services of Dover, Incorporated, presented Mayor Speed with a contribution of $25,865 (for payment in lieu of taxes) for expenses associated with City services provided to Lutheran Senior Services throughout the year.
Mayor Speed thanked Mr. Bunnell and Lutheran Senior Services for their contribution.
PRESENTATION - SPRING FLOWER PHOTO ALBUM
Mr. Koenig, Public Works Director, gave a Power Point Presentation of the City of Dover Spring Flower Photo Album (as on file in the Office of the City Clerk).
PRESENTATION - DELAWARE CIVIC CENTER (DR. SESSOMS AND E. STUART OUTTEN)
Dr. Sessoms, President of Delaware State University, presented a proposal for the Delaware Sports and Entertainment Complex, which provided an aerial view of the area for the complex, shared space diagrams depicting the arena and stadium, the associated costs, financing, and what they believe the complex will achieve.
Mr. E. Stuart Outten, Chairman of the Delaware Civic Center Corporation, reminded members that this project has been in the planning stages for several years and referred to an article on the proposed Civic Center in the Towne Crier for the Winter of 1974. He elaborated on the assets that the proposed complex would provide, such as strengthening Delaware as a tourist destination, attraction for conferences and conventions, obtaining new businesses, stimulating Delaware’s economy, etc.
Mr. Ruane referred to the $3M cost for the relocation of the City of Dover substation and questioned the possibility of sharing a ticket tax with the City of Dover to pay for these costs. Responding, Mr. Outten explained that there are several incentives for the City relocating the substation, noting the age of the existing substation and that a new substation would be built. More importantly, Mr. Outten stated that the Delaware Sports and Entertainment Complex would be a significant user of the City’s utilities and would be a very large electric customer for the City, which would help underwrite the costs.
Mayor Speed advised members that the substation is currently at capacity. He explained that there are some developments in the planning stages that are located in the area and provided a map depicting the lands designated for annexation that have the potential for development that would be supplied by the substation. There are potentially over 1,400 new residential units and 2 ½ million square feet of office/commercial space that would be served by the substation. The current substation could not serve this additional development unless it is upgraded, which should be factored into the $3M estimated cost of relocation.
Mayor Speed stated that the City Manager has estimated that the City nets $300 per year from a residential unit. He estimated an additional 842,000 square feet of office/commercial space, which would generate approximately 25 cents per square foot in net revenue, equaling over $200,000 per year. The City Manager has estimated that the civic center and stadium would net $110,000 per year. Therefore, the potential revenues would be in excess of $600,000 per year.
Responding to Mr. Slavin, Mr. DePrima stated that the Delaware Civic Center Corporation is seeking endorsement from the City on the concept of the relocation of the substation. He suggested that Council direct staff to incorporate the relocation of the Frazier Substation in the Capital Investment Plan for the FY2005/2006.
Mr. DePrima advised members that the City began building the Frazier Substation in 1982 and it became totally operational in 1984. It is estimated that the substation would have an additional 15 year life cycle. In addition to the electric revenue that could be generated, Mr. DePrima reminded members that the building permit fee aspect of this project is estimated at $500,000. What has not been considered is business licenses and other ancillary fees that would be associated with such a project.
Mr. Slavin moved to direct staff to place the relocation of the Frazier Substation in the Capital Investment Plan for FY 2005-2006 in support of the Delaware Sports and Entertainment Complex project, as outlined in the presentation. The motion was seconded by Mr. Hogan.
Mr. Ruane relayed appreciation for the information regarding the revenue projections; however, he requested that staff provide information relative to the City’s costs associated with such a project.
Responding, Mr. DePrima stated that the City estimates a cost of $3M for the relocation of the Frazier Substation. He stated that the assumption is that a new substation would be built and that very little of the equipment from the old substation would be used for the new substation; however, some parts may be used in other areas of inventory. Duke Energy recently built a very similar substation at a cost of $2M, and an additional $500,000 was included in the estimate since steel costs have increased. An additional $275,000 would be the cost of relocating 12 poles, and an additional $225,000 was included for contingency.
Mr. Ruane suggested that there are several ancillary costs that have not been estimated, such as policing, fire service, etc. and that when the issue is brought back to Council, staff should prepare a cost revenue analysis similar to what is required for consideration of annexations. He also suggested that the Corporation provide a specific statement with regards to their support of a ticket tax.
The motion to direct staff to place the relocation of the Frazier Substation in the Capital Investment Plan for FY 2005-2006 in support of the Delaware Sports and Entertainment Complex project as outlined in the presentation was unanimously carried.
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARINGS
The Assessment Appeals Committee met on May 18, 2004. Members present were Councilmen Salters (Chairman), Pitts, and Sadusky. Formal property assessment appeals were reviewed, as follows:
Crossroad Christian Church - 205-207 W. Loockerman Street
Members considered a request for tax exempt status from Crossroad Christian Church for property located at 205-207 W. Loockerman Street. The property is currently vacant and was acquired by the Church in April 2003.
The committee recommended denial of the request for property tax exemption for property located at 205-207 W. Loockerman Street.
Council President Williams declared the public hearing open. There being no one wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
Crossroad Christian Church - 630 W. Division Street
Members considered a request for tax exempt status for property located at 630 W. Division Street. The property is currently being used as a church and was acquired by the occupant in September 2002.
The committee recommended approval of the application for tax exempt status for only 70% of the property, which is being used solely by the Church. The remaining thirty percent (30%) of the property, which is occupied by two small businesses, will be taxed accordingly.
Council President Williams declared the public hearing open. There being no one wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
Kent County Theatre Guild - 140 Roosevelt Avenue
Members considered a request for tax exempt status for property located at 140 Roosevelt Avenue. The applicant has occupied this property for approximately 30 years and is a non-profit organization that meets the requirements as set forth in the State and City Codes.
The committee recommended approval of the request for property tax exemption for property located at 140 Roosevelt Avenue.
Council President Williams declared the public hearing open. There being no one wishing to speak, Council President Williams declared the public hearing closed.
Mr. Pitts moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
The Wellness Community - 812 S. Bradford Street
Members considered a request for tax exempt status for property located at 812 S. Bradford Street. The Wellness Community is a non-profit organization that meets the requirements as set forth in the State and City Codes. The applicant purchased this property in October 2003.
The committee recommended approval of the request for property tax exemption for property located at 812 S. Bradford Street.
Council President Williams declared the public hearing open. There being no one wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
Kraft General Foods - 1250 W. North Street
Kraft General Foods appealed their assessment of the property located at 1250 W. North Street. The Appeals Committee did not vote on the applicant’s appeal due to additional information being requested by the Assessor's Office. The appeal documents and the minutes are still under review by the Assessor's Office and Cole Layer Trumble (the contractor who conducted the assessment on the property) and will be submitted to City Council at a later date.
There was no further action taken by Council regarding this matter.
PUBLIC HEARING - 2004/2005 CITY OF DOVER BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by the 1990 Bond Resolution) prior to adoption of the budget. Notice of the public hearing was properly advertised. During their Regular Meeting of May 24, 2004, members of Council set a public hearing for the 2004/2005 City of Dover Budget.
Council President Williams declared the public hearing open. There was no one present wishing to speak during the public hearing.
Council President Williams declared the public hearing closed.
Mr. Carey moved for acceptance of the 2004/2005 City of Dover Budget, seconded by Mr. Sadusky.
Mr. Slavin stated that he realizes there is a need for an Assistant Finance Director and that the need was stated by a previous Council; however, he felt there has been a shift in the City’s priorities since the direction was given.
Mr. Slavin moved that the position of Assistant Finance Director be removed from the budget and that the monies budgeted, estimated at $100,000, be earmarked to address the brown water problems. The motion failed for the lack of a second.
Responding to Mr. Ruane, Mr. DePrima stated that the additional requests of the fire department and ambulance service have been included in the proposed ordinances. He explained that this was accomplished by reducing other budgets by approximately $81,000. Should the business license, permit, and zoning fees be approved, the monies could be restored and the budget ordinances amended accordingly.
Responding to Mr. Ritter, Council President Williams explained that approval of the motion would simply refer the budget ordinances for a First Reading, which will take place during the latter part of the meeting.
The motion for acceptance of the 2004/2005 City of Dover Budget was carried with Mr. Ritter voting no. It was noted that Council action on the 2004/2005 City of Dover Budget, including the Electric Fund Budget, will take place during the First Reading of the ordinances during the latter part of the meeting.
COUNCIL BUDGET HEARINGS REPORT OF MAY 18-20, 2004
The Minutes of the Council Budget Hearings of May 18-20, 2004 were approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
SETTING OF PROPERTY TAX RATE FOR FISCAL YEAR 2004/2005
The current property tax rate for the City of Dover is forty one and one tenth cents ($0.411) per one hundred of assessed valuation. The proposed budget maintains the same rate for the upcoming tax billing.
Mr. Carey moved that the property tax rate remain at forty one and one tenth cents ($0.411) per one hundred dollars of assessed valuation for the upcoming 2004/2005 property tax billing. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
IUE CONTRACT SETTLEMENT
Mr. Carey moved to approve the IUE Contract as set forth in the executive session held earlier this evening by the City Manager and Human Resources Director, seconded by Mr. Hogan.
Mr. DePrima summarized the contract settlement with the IUE-CWA for the period July 1, 2003 through June 30, 2007, including a bi-weekly pay period with Friday being payday; clarified language regarding the payment of over-time during severe weather emergencies; elimination of the “me too” clause; establishment of new pay steps with a 3% increase; advancement of current employees to “F” step; creation of new steps “A” through “E” for new employees; limits eligibility of terminal leave to 100 days of unused sick days for new employees; and an agreement that the City of Dover will drop its appeal of the “me too” parity arbitration case.
As requested by Mr. Ruane, Mr. DePrima stated that the costs for the contract settlement have been included in the budget; for fiscal year 2004 the cost to the City is $149,722.64 and the total cost cumulative over the four (4) years is estimated at $1,693,436.46. The costs for the arbitration settlement is estimated at $617,584.07. He advised members that it will be necessary to adjust the budget to include these expenses in the various accounts and that he will be requesting an amendment during the First Reading of the budget ordinances during the latter part of the meeting.
The motion to approve the IUE Contract, as presented by the City Manager and Human Resources Director, was carried by a unanimous roll call vote (Mr. Salters absent).
RIGHT-OF-WAY AND STREET DEDICATION FOR PERSIMMON PARK PLACE
During their Regular Meeting of March 22, 2004, members of Council authorized staff to begin the process for the right-of-way and street dedication for Persimmon Park Place.
Acceptance of Results of Property Owner Votes
The City Clerk, Mrs. Green, reported the results of the property owner votes for the question of acceptance of right-of-way and street dedication for Persimmon Park Place. She advised members that 196 ballots were mailed and that 130 ballots were received and tallied on June 2, 2004. There were 122 votes cast in favor of and 8 votes cast against the acceptance of the right-of-way and street dedication.
Mr. Hogan moved for acceptance of the property owner votes of Persimmon Park Place for the acceptance of the right-of-way and street dedication, as reported by the City Clerk, seconded by Mr. Ritter and unanimously carried.
Legal Opinion - Reassessment for Improved Property Values (Permissible under Delaware Law) and Confirmation - Persimmon Park Place Condominium Association to Assume all Legal Costs Associated with the Dedication
Council President Williams reminded members that staff was directed to obtain a legal opinion regarding the reassessment for improved property values to assure that the Persimmon Park Place Condominium Association would assume all legal costs associated with the dedication. She noted the receipt of a letter from City Solicitor Rodriguez and Mr. George Gardner, President of the Persimmon Park Place Condominium Council, Inc.
Responding to Mr. Ruane, Mr. Rodriguez indicated that document preparation and recording fees would be the only anticipated legal costs involved with the transfer of the roads.
Public Hearing and Action for Acceptance of Right-of-Way and Street Dedication for Persimmon Park Place
Mr. Carey moved to set a public hearing for June 28, 2004 at 7:30 p.m. for the acceptance of the right-of-way and street dedication for Persimmon Park Place, seconded by Mr. Ritter and unanimously carried.
PUBLIC HEARING/FIRST READING - REZONING OF PROPERTY LOCATED AT 40 N. SAULSBURY ROAD, OWNED BY RIVERVIEW ASSOCIATES
A public hearing was duly advertised for this time and place to consider rezoning of property located at 40 N. Saulsbury Road, owned by Riverview Associates. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is I-O (Institutional and Office).
Planner's Review
Mr. Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Public Hearing
Council President Williams declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Williams declared the hearing closed.
By motion of Mr. Hogan, seconded by Mr. Ritter, Council unanimously approved the rezoning request as recommended by the Planning Commission. The First Reading of the proposed ordinance was accomplished by title only: (The Final Reading of the rezoning ordinance will be accomplished during the Regular Council Meeting of June 28, 2004).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 40 N. SAULSBURY ROAD.
COUNCIL COMMITTEE OF THE WHOLE REPORT - MAY 24, 2004
The Council met as a Committee of the Whole on May 24, 2004 with Council President Williams presiding.
Proposed Permit, Planning and Zoning, and Fire Protection and Business License Fee Changes
Mr. Galvin, Director of Planning and Inspections, submitted proposed changes to the fees for permits, applications, and business licenses. Mr. Galvin gave a presentation and explained that the permit and application fees had not increased in over ten (10) years, the revenues have not kept pace with expenses for the office, the proposed fees are similar to those of other municipalities in the region, and that the fee proposals have been reviewed with several organizations for their comments and input.
The committee recommended approval of the permit, application, and license fee proposal as presented by staff. It was noted that the changes will require ordinance amendments.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent). The First Reading will take place during the latter part of the meeting.
Proposed Ordinance Amendments - Chapter 2 - Administration, Article VIII - Committees
Members were provided a proposed ordinance amendment to Chapter 2 - Administration, Article VIII - Committees, that would rescind a previous ordinance adopted by Council on September 22, 2003 which eliminated from the Safety Advisory Committee their responsibilities and functions that related to transportation issues and created a new standing committee entitled Transportation Review Committee. By better defining and expanding the Safety Advisory Committee, the Transportation Review Committee could be disbanded and allow for such matters to be handled by the Safety Advisory Committee, as has been done in previous years. The sponsors of the proposed ordinance are Councilmen Carey, Salters, and Williams.
The committee recommended approval of the proposed amendments to Division 3.5 and 2.5 of Chapter 2, Article VIII, of the Dover Code, as amended.
There was no further action taken by Council at this time. (City Clerk’s Office Note: Since Mr. Salters had sponsored the proposed ordinance amendment, Council President Williams deferred the matter until his return).
230 KV Tie Change Orders
The 230 KV Project was authorized on May 27, 2003 by City Council. The construction of a 230 KV tie station would allow the City to purchase power through the more reliable 230,000 volt system. This would accommodate the City’s load growth for a period of 20-30 years. The project is currently on target for completion in June 2004. The total project budget ($9.6 million) includes the construction of the 230 KV tie station, connecting 69 KV electric lines, connecting 230 KV electric lines, and property acquisition.
Staff recommended acceptance of the 230 KV Tie Project Change Orders to date, as follows: 1) Change Order #1 - $165,800; 2) Change Order #2 - $140,000; and 3) Change Order #3 - $50,000.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for acceptance of the 230 KV Tie Project Change Orders to date as recommended by the committee, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
By consent agenda, Mr. Carey moved for acceptance of the Committee of the Whole Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
SPECIAL SAFETY ADVISORY COMMITTEE REPORT - JUNE 2, 2004
The Safety Advisory Committee met on June 2, 2004 with Chairman Ritter presiding.
Concerns of Robbins Hose Company - Street Width Waiver Requests for New Developments (Chief Bashista)
Fire Chief Bashista provided a PowerPoint Presentation depicting areas throughout the City which, due to their street widths, present maneuverability problems for the Fire Department. He also provided members with information on the size of the fire apparatus and the area required to set the apparatus in place to fight a fire. Chief Bashista noted that the City of Dover Code specifies a roadway width of 38 feet for all streets, except arterial roadways and one-way alleys (at the discretion of the City Manager). He advised members that the majority of developers have requested and were granted street width waivers for new developments; therefore, the streets are being built as narrow as 24 feet. Chief Bashista stated that they would prefer that no street width waivers be granted for less than 36 feet. He also noted that all of the waivers are a good indication that the Code should be amended.
Mr. Koenig, Public Works Director, explained that the Public Works Department advocates reduced street widths since they are more economical to maintain. He noted that six (6) inches of street width equates to $20,000 per mile to repave. He also noted that reduced street widths provide stormwater management and ecological benefits. Mr. Koenig stated that a street width waiver should result in higher quality construction or a similar community investment due to the reduced costs to the developer.
Mr. Galvin, City Planner, stated that from a planning perspective, narrower streets mean slower travel speeds. He also noted that many of the situations depicted in the presentation appeared to be related to the radii at the entrances. He suggested discussing the matter with local engineering firms and developers in order to improve their entrances. Mr. Galvin noted that a recent requirement for a street width was for the developer to provide two-car garages and driveways in the development.
Mr. Ritter suggested that several different options could be provided to developers, such as parking on both sides of a 36 foot street, parking on one side of a 32 foot street, and no parking on a 28 foot street.
The committee recommended that staff be authorized to develop amendments to the street width requirements, with a recommendation to the Committee provided for the July 14, 2004 meeting.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 4, 2004
The Legislative and Finance Committee met on June 4, 2004 with Chairman Salters presiding.
Revised Hospitality Policy
During their Regular Meeting of October 27, 2003, members of Council adopted the Hospitality and Civic Function Policy which provided guidelines related to expenditures that are permitted from City funds for Council members based on the benefit derived by the taxpayer. Mrs. Mitchell, Finance Director/Treasurer, advised members that a review of the administrative work created by the policy indicated the need for adjustments in order for the policy to be more cost effective. She provided a detailed review of the recommended changes.
The committee recommended approval of the Revised Hospitality and Civic Function Policy, including the recommendations made by the committee.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (as on file in the Office of the City Clerk), seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
Revisions to the Financial Policy (Reserve, Rate Stabilization, Operating Transfers)
The Business Improvement District (BID) Ordinance adopted by City Council requires that Council adopt a BID budget and assessment every year. Members were provided the FY 2003-04 budget showing BID tax revenue and the expenses charged against that revenue, as well as the following tax calculation worksheet with recommended rates:
|
|
ZONE 1 |
ZONE 2 |
ZONE 3 |
TOTAL |
|
Assessment Tax Rate Per $100 Assessment |
0.087 |
0.0615 |
0.021 |
--- |
|
Revenue Raised |
$18,163 |
$21,450 |
$4,798 |
$44,411 |
|
% Revenue Raised |
41% |