COUNCIL COMMITTEES
The Council Committees Meeting was held on November 22, 1999 at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller and Mayor Hutchison. Mr. Leary was absent.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested that the Parks and Recreation Committee convene prior to the Legislative and Finance Committee. Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Carey and unanimously carried.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairwoman Malone presiding. Members present were Councilmen Pitts and Truitt, Mrs. Moerschel and Mr. Davis.
Discussion - Super Summer Playgrounds
During the Council Meeting of September 13, 1999, members were advised of a letter received from the Capital School District indicating that their facilities would not be available for use during the summer of 2000. It was noted that without the use of these indoor facilities, it would be difficult to offer the Super Summer Playground Program of the City of Dover Parks and Recreation Department. As a result, staff met with the Finance Director of the Capital School District to discuss this matter. Unfortunately, the Capital School District will not be able to assist the City in providing a facility.
Mr. Carter, Parks and Recreation Director, advised members that in order to prepare for the Super Summer Playground Program, hiring of summer staff and advertising for the program begins in February, with registrations for the program being accepted in March. In order to begin to prepare for the program, a facility must be confirmed by January 2000. Mr. Carter indicated that all options will continue to be considered, including other locations within the City, modifications to the program, as well as the possibility of the program being canceled.
As previously mentioned, Mr. O’Connor advised members that there are approximately 200 youths that will be affected, should this program not be offered by the City.
Responding to Mr. Davis, Mr. Carter stated that the age of the youth that participate in the program range from five (5) to 12 year old children. Registration is first opened to City residents only, if the program does not become full, it is then opened to County residents.
In response to Mrs. Moerschel, Mr. Carter stated that although the alternative and higher education facilities have not been contacted for possible assistance, he advised members that Delaware Technical and Community College does not have a gymnasium and Delaware State University has a program of their own that utilizes their gymnasium. He stated that Kent County and the YMCA have utilized the Capital School District facilities for some of their summer programs and noted that this will affect many other summer programs that are offered to our youths. The City’s program typically begins around the third week in June and is held for six (6) weeks, Monday through Friday, with activities from 9:00 a.m. to 3:00 p.m. (although staff is present from 8:00 a.m. to 4:00 p.m.). In the past, the City has utilized three (3) separate facilities for this program.
Mr. Lambert suggested that staff investigate the availability of the Armory, Wesley College, and local churches. Mayor Hutchison suggested that staff contact Murphy School and Mr. Weller suggested utilizing facilities at the Dover Air Force Base.
Responding, Mr. Carter stated that at this time, staff is brainstorming and is open to any and all suggestions. He advised members that many of the churches hold summer camps and school and that there would be security issues at Dover Air Force Base. However, he assured members that all alternatives will be investigated further and staff will report back to members in January when the City’s options will be more known.
In response to Mr. Truitt, Mr. Carter explained that access to indoor facilities would be necessary since the program is on a daily basis and not held dependent upon the weather. He also noted that the City would be required to provide restroom facilities for participants since it is an all day program.
Mr. Truitt moved to adjourn, seconded by Mrs. Moerschel and unanimously carried.
Meeting Adjourned at 6:29 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilwoman Malone, Mr. Gorman and Mr. Merritt. Councilman Carey was deputized to serve in the absence of Councilman Leary.
Proposed Ordinance Amendments - Chapter 2 - Administration, Article III - City Council, Section 2-70 - Compensation and Expenses for Mayor, Council, Employees and Other Elected or Appointed Officials
As a result of the Council Meeting of November 8, 1999, members considered proposed ordinances that would amend Section 2-70, Subsection (2) - Council Members and Council President, Subsection (6) - Civilian Committee Members, and Subsection (8) - Planning Commission Members.
Considering the discussions that have occurred since the Council Meeting, Mr. Salters offered several alternatives for the committee’s review, as follows:
1)Original recommendation of the Legislative and Finance Committee, approved by City Council on November 8, 1999, which was based on projections and statistical data presented by Councilman Leary, to become effective January 1, 2000. Proposed ordinances enclosed.
2)Same as above with the exception of the effective date being May 14, 2001.
3)Increase the salary of Council Members by $1,400, which would bring their salary to $5,000 per year, with the salary of the Council President to be increased proportionately; each year thereafter, Council Members and Council President would receive a cost-of-living increase as provided to all other City employees, with the recommendation of the Legislative and Finance Committee for the Planning Commission and Civilian Committee Members to remain as presented, and become effective January 1, 2000.
4)Same as above with the exception of the effective date being May 14, 2001.
5)As recommended by Councilman Lambert, that there be no increase provided to Council Members; however, original recommendation for Planning Commission and Civilian Committee Members would remain.
6)No remuneration increases.
Mrs. Malone stated her feeling that the original recommendation of the Legislative and Finance Committee is the proposal that should be adopted. Considering the current demands of the positions and for fairness, she felt that the increases should become effective January 1, 2000, as has been recommended.
Mrs. Malone moved to recommend adoption of the proposed ordinance amendments to Section 2-70, originally recommended and presented, as follows:
Subsection (2) - Council Members and Council President
“Each council member shall receive an annual salary of seven thousand eight hundred dollars ($7,800), to be paid monthly, effective January 1, 2000. The council president shall receive an annual salary of nine thousand dollars ($9,000), to be paid monthly, effective January 1, 2000. Council members shall receive reimbursement for actual and necessary expenses incurred when an official business as prescribed by ordinance or policy.”
Subsection (6) - Civilian Committee Members
“For each appointed member to any city council committee not serving an elected term to any city office for preparation and attendance at each committee meeting to which the member is appointed - Seventy five dollars ($75), effective January 1, 2000.”
Subsection (8) - Planning Commission Members
“For each appointed member of the planning commission per diem reimbursement for expenses to be paid quarterly for preparation and attendance at each meeting of the planning commission - One hundred dollars ($100), effective January 1, 2000.”
The motion was seconded by Mr. Salters.
In response to Mr. Lambert, Council President Christiansen indicated that when the proposed ordinance amendments are presented to Council, there will be separate votes taken for each amendment.
Mr. Lambert reiterated his feeling that not only is the amount of the increase in salary for Council too high, any increase should not occur mid-term. It was his feeling that the earliest any salary increase for members of Council should occur would be after each member’s current term of office. He reminded members that according to the information obtained from the National League of Cities, the current salaries for City Council is average; therefore, he could not justify an increase at this time. Mr. Lambert also felt that members should consider the possibility of the City’s short-fall in next year’s beginning balance, stating that the perception of constituents will be that the short-fall is due to the increase in salaries. Should a pay increase be approved for members of City Council, Mr. Lambert again stated that he would not accept the increase.
Council President Christiansen echoed the comments of Mrs. Malone, stating that the responsibility of being a “hands on” member of Council requires working day to day with City staff, the Mayor, and citizens. Although there are some remuneration adjustments necessary, he suggested that the recommendation for a $9,000 annual salary of the Council President be adjusted and that it be set at the current rate of $50 more per month than that of Council.
Mr. Weller agreed that Council deserves the proposed increase and knows the responsibilities that the position requires; however, it was his feeling that it should not be done at this time and that members should consider a substantially smaller increase or none at all.
Relaying his feelings, Mr. Truitt stated that the proposed salary increases are exorbitant and ludicrous. He reminded members that to serve as a member of Council is a privilege and if presented to Council as recommended, he will oppose the recommendation.
Mrs. Malone referred to those members that feel that all terms should expire before a salary increase is provided, and questioned if they actually feel that the question should be determined by the citizens. If so, she suggested that the question be put before the citizens at the next election to be held in April 2000.
Council President Christiansen advised members that the only items that a referendum can be held for are monetary issues.
On a call for the question by Mrs. Malone, the motion failed by a vote of two (2) yes, three (3) no (Mr. Carey, Mr. Gorman, and Mr. Merritt).
Mr. Gorman moved to recommend that an ordinance be adopted to amend Section 2-70, Subsection (2), by increasing the salary of Council Members by $1,400, which would bring their salary to $5,000 per year, with the salary of the Council President to be increased proportionately; each year thereafter, Council Members and Council President would receive a cost-of-living increase as provided to all other City employees, to become effective May 14, 2001. The motion was seconded by Mr. Salters.
Responding to Mrs. Malone, Mr. Gorman stated that providing an automatic increase in salaries will eliminate the current dilemma and avoid the need for substantial increases when the issue is brought before members.
In response to Mr. Lambert’s suggestion to replace the term “salary” with “remuneration”, Council President Christiansen reminded members that when Council was reimbursed for attendance at each meeting, a 1099 form and Schedule E was required to be filed with the Internal Revenue Service. It was his recollection that the Finance Director/Treasurer indicated that any monies received as compensation, under federal accounting rules, would need to be reported as a salary and termed as such.
Mr. Pitts relayed concern with that portion of the motion that provides an automatic adjustment by a cost-of-living increase. He stated that since Council is involved with the negotiations for City employees, which would include cost-of-living increases, it was his feeling that there would be a conflict of interest.
Council President Christiansen concurred, indicating that although staff is responsible for the contract negotiations of City employees, members of Council are privy and part and parcel of the negotiations; therefore, there would be a conflict of interest. He suggested that as an alternative, there could be a requirement that the ordinance be reviewed three (3) years after its adoption.
Mr. Gorman moved to recommend that the motion be amended by eliminating “each year thereafter, Council Members and Council President would receive a cost-of-living increase as provided to all other City employees”, and adding “to be reviewed every three (3) years upon adoption” (Attachment #1). The motion was seconded by Mr. Salters and carried by a vote of three (3) yes, two (2) no (Mrs. Malone and Mr. Carey).
On a call for the question by Mr. Salters to adopt the proposed ordinance amending Section 2-70, Subsection (6) - Civilian Committee Members (Attachment #2), the motion was unanimously carried.
Council President Christiansen requested that members consider including the Fire Chief to be remunerated $75 per meeting for attendance at Council Meetings.
Responding, Mr. Salters requested that an ordinance be prepared and necessary sponsors obtained for further consideration by the Legislative and Finance Committee.
Referring to the proposed amendment for Planning Commission Members, Mr. Truitt questioned if members should be paid for one (1) or two (2) meetings when a meeting is recessed and then reconvened the following evening.
Responding, Mr. DePrima noted that when there are several items to be reviewed by the Planning Commission, two (2) separate meetings are scheduled; however, there have been instances when it was necessary to recess a meeting until the next evening. In the past, members were paid for only one (1) night; however, payments have recently been made for each day a meeting is held. He assured members that staff will make payment based on the direction of Council.
On a call for the question by Mr. Salters to adopt the proposed ordinance amending Section 2-70, Subsection (8) - Planning Commission Members (Attachment #3), the motion was unanimously carried.
Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Article V - Tax Credits for Historic Properties, Section 19.5-40 - Voluntary Tax Credits for Preservation, Restoration, and/or Rehabilitation of Historic Properties, Subsection (f)
In January 1998, City Council approved a Tax Credit Program for Historic Properties on a trial basis, with a two (2) year sunset. In accordance with Section 19.5-40 of the Dover Code, owners of historic properties located in the Dover Historic District Zone or properties listed on the National Register of Historic Places would be entitled to tax credits if qualifying improvements were made to the property. A sunset provision was included in the ordinance, subsection (f), thereby establishing the eligibility period from January 1, 1998 to December 31, 1999.
At the time the ordinance was adopted, it was estimated that each year there would be approximately $1,500 to $2,000 in waivers granted. Since its inception, there have been only two (2) projects approved each year, with each being granted a $600 waiver. Therefore, the tax impact was actually $1,200 each year, which was slightly lower than anticipated.
Mr. DePrima advised members that the program has been a useful tool in encouraging superior historic restoration and preservation and it serves as a downtown redevelopment incentive. He also noted that Kent County has passed a comparable law that can be used in Dover to offset County taxes. Since Section 19.5-40, subsection (f) of the Dover Code sets the two (2) year sunset, staff recommended that an ordinance be adopted that would amend Section 19.5-40 by deleting subsection (f) in its entirety. Mr. DePrima stated that the Historic District Commission and Downtown Dover Development Corporation endorse making the program permanent.
Mr. Carey moved to recommend adoption of the proposed ordinance amendment to Section 19.5-40, Subsection (f), of the Dover Code (Attachment #4). The motion was seconded by Mrs. Malone and unanimously carried.
Proposed Ordinance Amendments - Appendix C - Downtown Redevelopment
In accordance with Appendix C, Article II, Section 2 - Eligibility Period, the Downtown Dover Development Incentives will expire December 31, 1999. Mr. DePrima reminded members that when Council extended the sunset last year, it was with the intent that the Downtown Dover Development Corporation (DDDC) would evaluate the incentive program for possible recommendations. Members of the DDDC have reviewed the program and recommend the following revisions:
►Eliminate the automatic sunset.
►Reduce the impact fee waiver by 50%.
►Make the impact fee waiver specifically for multiple story new construction on one lot, and that have a combination of residential, office, retail, or commercial service uses and that at least two of these uses are established.
►Increase the construction fee benefit by eliminating construction permit fees for eligible projects.
Mr. DePrima explained that the recommendations would make the incentives more accessible for smaller projects while, at the same time, better serving the Impact Fee Reserve Account which provides capital for infrastructure expansion. These recommendations would require ordinance amendments, which were presented to members for their review.
Mr. Carey moved to recommend adoption of the proposed ordinance amendments to Appendix C, Article II, Section 2 - Eligibility Period and Article IV - Development Incentives, Section 1 and Section 2, of the Dover Code (Attachment #5 and #6). The motion was seconded by Mr. Gorman and unanimously carried.
Review - Licensing and Inspection of Rental Properties
During the recent Council Retreat, members suggested that the City investigate the possibility of expanding the multiple occupancy licensing program to cover all rental housing in the City and perhaps bring more uniformity to their inspections.
Mr. DePrima provided members with detailed information regarding the manner in which the City’s current system works, as well as descriptions of the programs for Newark and Rehoboth Beach. In order to develop ordinance amendments to conform with the desires of Council, he distributed a questionnaire regarding inspection fees, inspection frequency, types of rental units to inspect, etc. and requested that they be returned by December 13th. He assured members that once the ordinance amendments are drafted and sponsors obtained, they will be presented to the Legislative and Finance Committee for their review and recommendation to City Council.
Mr. Carey moved to recommend that the matter regarding licensing and inspection of rental properties warrants further review and that this matter be referred to staff to draft ordinance amendments to be presented back to the committee. The motion was seconded by Mrs. Malone and unanimously carried.
Mr. Weller moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:15 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/jg
S:ClerksOfficeAgendas&MinutesCommittee-Minutes199911-22-99.CMTmin