City Council Minutes - Regular City Council Meeting on 03/10/2008

The Regular Council Meeting was held on March 10, 2008 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters and Mr. Ruane. Mrs. Russell was absent.

Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.

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.

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

Mr. Slavin moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.

Council President Williams advised members that staff has requested that item #16, Proposed Bond Resolution - Authorizing the Sale of Up To $22,200,000 Electric Revenue Bonds of the City of Dover, be removed from the consent agenda.

Mr. Slavin moved for approval of the consent agenda, as amended, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The Minutes of the Regular Council Meeting of February 25, 2008 were unanimously approved by motion of Mr. Slavin, seconded by Mr. McGlumphy and bore the written approval of Mayor Carey.

PRESENTATION - CERTIFICATE OF CONGRATULATIONS - DELAWARE STATE UNIVERSITY - FOOTBALL SEASON

The City Clerk read the following Certificate of Congratulations into the record:

Black College National Champions and first time appearance to the NCAA play-offs to

On behalf of the City of Dover, Mayor Carey presented the Certificate to Dr. Allen Sessoms, Mr. Rick Costello, and Mr. Al Lavan..

PRESENTATION - CERTIFICATE OF CONGRATULATIONS - WESLEY COLLEGE - FOOTBALL SEASON

The City Clerk read the following Certificate of Congratulations into the record:

2007-08 season for being named for the third straight year Atlantic Central Football Champions.

Also your third straight trip to the NCAA Division III Play-Offs and being recognized

with the Lambert Meadowlands Trophy and the East College Athletic Conference Division III

On behalf of the City of Dover, Mayor Carey presented the Certificate to Mr. Mike Drass and Mr. Chad Robinson.

Mr. Drass introduced team members William Cohen, Sussex Tech High School; Eric Lowry, Del Castle High School; Josh Jones, Eastern Tech - Baltimore; Bryan Robinson, Caesar Rodney; Brian Mark, Woodpark Bench - Maryland; and Bobby Maguire, Concord High School.

PRESENTATION - CERTIFICATE OF RECOGNITION - DAVID SPICER - AMERICA’S MOST WANTED ALL STARS

WHEREAS, Master Corporal David Spicer, an 11 year veteran of the Dover Police Department assigned to the Criminal Investigations Unit, cleared 831 of 848 complaints in 2007 at a remarkable rate of 98%; and

WHEREAS, Master Corporal David Spicer was named Officer of the Year in 2000 and in 2001 received a Purple Heart and the DuPont Life Saver Award when he sustained a serious injury while making a large scale drug bust; and

WHEREAS, Master Corporal David Spicer is credited with solving the 2003 murder of a Dover man and; therefore, has been nominated for America’s Most Wanted All Stars which honors first responders - law enforcement officers, fire fighters, emergency medical technicians, and others who go above and beyond to keep our communities safe every day of every year.

NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, do hereby award this Certificate of Recognition to MASTER CORPORAL DAVID SPICER on this 10th day of March 2008, and extend our sincere appreciation for his many contributions to the City of Dover and its citizens.

On behalf of the City of Dover, Mayor Carey and Chief Horvath presented the Certificate to Master Corporal David Spicer.

Master Corporal Spicer relayed his appreciation for the recognition and stated that all the men and women of the Dover Police Department are deserving of this recognition.

WHEREAS, Women of every race and ethnic background have made substantial contributions to the history and heritage of America, in every field of endeavor and in 1977, it was recognized with a week-long commemoration in recognition of the invaluable accomplishments of women; and

WHEREAS, In 1980, President Jimmy Carter issued the first presidential proclamation pertaining to the achievements of women in America; and

WHEREAS, Following the lead of several state governors, the U.S. Congress and President Ronald Reagan designated March of 1987 as National Women’s History Month; and

WHEREAS, United Nations Security Council Resolution 1325, passed unanimously in 2000, reaffirmed the critical role of women in the prevention and resolution of conflicts and in peace building. Also stressing the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, and acknowledged the need to increase their role in decision making with regard to conflict

NOW, THEREFORE, I, CARLETON E. CAREY SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim March 2008 as WOMEN’S HISTORY MONTH in the City of Dover; and encourage all citizens to recognize the contributions made by women on a daily basis.

On behalf of the City of Dover, Mayor Carey presented the Proclamation to Dr. Sam Hoff, Chairman of the Dover Human Relations Commission.

WHEREAS, the basic principles of freedom of speech and freedom of the press guaranteed in the United States Constitution are fundamental to our national heritage; and

WHEREAS, the American Society of Newspaper Editors has initiated Sunshine Week: Your Right to Know as a way of illustrating the importance of open government; and

WHEREAS, Sunshine Week is established to spark a discussion about the importance of open government and public access to government documents and meetings; and

WHEREAS, conducting government in the sunshine, openly and with access for everyone, makes for a well-informed citizenry, improves the public policy, increases responsiveness and accountability, and enhances public confidence in governmental institutions.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover do hereby proclaim the week of March 16 - 22, 2008, as SUNSHINE WEEK and encourage all of our citizens to exercise their “right to know” and to become actively involved in their government.

WHEREAS, the purchasing and materials management professions play a significant role in the efficiency and effectiveness of both government and business; and

WHEREAS, purchasing and materials management professionals through their combined purchasing power, spend billions of dollars every year and so have a significant influence upon economic conditions throughout the world; and

WHEREAS, the Delaware Public Purchasing Association and other professional purchasing associations throughout the world engage in special efforts, during the month of March to inform the public about the importance of the role played by the purchasing profession in business, industry and government.

NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim March 2008 as PURCHASING MONTH in the City of Dover and urge all citizens to recognize the influence of purchasing power on our economy.

On behalf of the City of Dover, Mayor Carey presented the Proclamation to Mr. Pete Gregg, Contract and Procurement Manager for the City of Dover.

Mr. Gregg accepted the Proclamation on behalf of all the procurement professionals of the Delaware Public Purchasing Association. He introduced Ms. Janet Schukoske, Secretary and Past President, and Ms. Sussanne Jara, Treasurer, of the Delaware Public Purchasing Association.

Mr. Gregg, Contract and Procurement Manager, reviewed a Power Point Presentation on GovDeals (Exhibit #1), which is a government surplus auction service provider (www.govdeals.com).

PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 54-56-58 SOUTH QUEEN STREET - CORNELL L. JOLLEY

A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 54-56-58 South Queen Street, owned by Cornell L. Jolley. Mr. Koenig, Public Services Manager, stated that the utilities were disconnected at 54 S. Queen Street on April 24, 2007, at 56 S. Queen Street on June 26, 2007, and at 58 S. Queen Street on August 2, 2007. This two-story wood frame tri-plex dwelling was found to be in violation of several building and property maintenance codes on August 8, 2007. The dwelling was found to be unsecured on December 5, 2007. The doors were boarded up and secured by City crews on or about December 6, 2007 after the property owner failed to secure the property. The owner had previously secured the windows. There have been eight (8) notices sent to Mr. Jolley via certified mail, which were signed for by Mr. Jolley. As of this date, no repairs have been done. Mr. Jolley contacted City staff and indicated that he is in bankruptcy and has no intention of correcting the violations cited against the property. Mr. Koenig advised members that there is $800.00 in unpaid summonses related to the property and as of February 13, 2008, none of the violations have been corrected. During the 2007 calendar year, Dover Police responded to 54 S. Queen Street for 15 complaints (10 being drug related), 56 S. Queen Street for 13 complaints, and 58 S. Queen Street for 11 complaints (5 being drug related). Mr. Koenig showed slides depicting the condition of the structure.

Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by April 9, 2008 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.

Mr. Jolley, 100 Tree Top Road in Harrington, explained that he recently filed bankruptcy and is unaware of the process involved. His attorney has indicated that the financial institution now owns the property and that they are in the process of foreclosure on the house.

Mr. Salters moved that the structure located at 54-56-58 South Queen Street be declared a dangerous building and subject to demolition, as recommended by staff. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell absent).

PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 255 COLLEGE ROAD, OWNED BY DELAWARE STATE UNIVERSITY

A public hearing was duly advertised for this time and place to consider the rezoning of property located at 255 College Road, owned by Delaware State University. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is IO (Institutional and Office).

Mr. Salters moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007).

Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2).

Mr. Cathcart, Associate Vice-President of Administration at Delaware State University, offered to answer any questions members may have regarding the use of the property.

Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Hogan and by a unanimous roll call vote (Mrs. Russell absent), Council adopted Ordinance #2008-10, as follows:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 255 COLLEGE 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 C-3 (Service Commercial) to IO (Institutional and Office).

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 have been amended by changing the zoning designation from C-3 (Service Commercial) to IO (Institutional and Office) on that property located at 255 College Road, owned by Delaware State University.

Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System - Fiscal Year 2007

Members were provided the Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2007. Mrs. Mitchell, Finance Director/Treasurer, reminded members that the City of Dover Electric Bond Resolution requires that the City retain an independent engineering consultant to inspect the City’s electric system and to review the electric budgets and insurance program. She advised members that the City contracted with Burns & McDonnell to perform this year’s analysis and that the report provides information related to their annual review for Fiscal Year ended June 30, 2007. It was noted that the consultant’s conclusions and recommendations are outlined at the end of each section of the report.

Staff recommended acceptance of the Engineer’s Annual Report on the Operation and Maintenance of the Electric System for Fiscal Year 2007.

The committee recommended acceptance of the Engineer’s Annual Report, as recommended by staff.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Mr. DePrima provided the PACE/NAES Monthly Reports for December 2007. He reminded members that the reports are being provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. It was not his intention to make a presentation of the report; however, he welcomed any questions.

The committee recommended acceptance of the PACE/NAES Monthly Report for December.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

During their meeting of February 11, 2008, members recommended acceptance of the dedication of rights-of-way and public infrastructure for The Maple Glen Subdivision with the stipulation that staff provide a status report on the action taken regarding the concerns relayed by Mr. Gaudioso. Members were reminded that, on behalf of several residents of Maple Glen, Mr. Gaudioso addressed them regarding their concerns, including the cul-de-sac on Covington Drive, condition within the culvert, erosion occurring under the sidewalk, issues regarding uneven ground in the public open space area, and dead trees on public and private land.

Members were provided a letter, dated July 23, 2007, to Bay Developers which consisted of the final punch list of items they would be required to address prior to the dedications of the streets and utilities of Maple Glen. Mr. Koenig, Public Services Director, explained that he utilized this punch list to review the concerns relayed during the previous committee meeting and he met with Mr. Gaudioso and two (2) other property owners at the various sites. Mr. Koenig advised members of their conclusions, as follows:

► Silt Fencing - Mr. Koenig stated that the silt fencing is located on the private open space areas. After meeting with the homeowners at the site, it was determined that the silt fencing could remain at this time. It will degrade over time; therefore, when it becomes an eyesore or hindrance, City staff would remove the fence.

► Sidewalk and Drainage Ditch Slopes at the end of Covington Drive - Mr. Koenig stated that City staff performed some clearing and made small improvements and installed two (2) sections of split rail fence to resolve potential safety issues. The homeowners indicated their satisfaction with these improvements. The culvert itself is a part of the infrastructure dedication; therefore, if there are any problems with the culvert in the future, they would be a part of public maintenance and would not be the responsibility of the homeowners association.

► Top Soil and Seed of Park Area; Berms in Park Area; and Condition of Asphalt Path in the Walking Area - Mr. Koenig stated that City crews could resolve all the top soiling issues and repairs to the asphalt path. He suggested the opportunity to resolve these issues with the homeowners association once it has been turned over to the homeowners. Mr. Koenig indicated the homeowners’ concurrence since they are small issues that could be very easily resolved by City staff with minimal funds.

► Construction Debris in Private Open Space - Mr. Koenig felt that the debris is a sanitation collection issue which can be resolved by City staff.

► Trees located on Boundary of Private Open Space/Private Lots (not a part of original punch list) - Mr. Koenig stated that the issue involves small trees which can be easily resolved by City staff.

► Homeowners Association - Mr. Koenig stated that there is an incorporation document that has been presented by the developer to the City, along with a bank statement. At this point, the only remaining action necessary is to have the association turned over to the homeowners. Although the finalization of the homeowners association was included on the punch list, Mr. Koenig stated that the developer has assured him that the association would be turned over to the homeowners.

Mr. Koenig stated that there is a Maintenance Bond associated with the infrastructure dedication which will last one (1) year from the date of acceptance by City Council. In addition, the City is currently holding the building permit for the last lot. Therefore, he assured members that there are some financial incentives for the developer to accomplish all issues in the agreement. The only issue that he is aware of being unresolved at this time is regarding concerns of the conduit that runs through the park. Although he did not recall a requirement for lighting in the park, he assured members that staff would work through this issue with the homeowners association.

Mr. Ruane suggested that staff explore the possibility of establishing a procedure for finalizing homeowners associations. He requested that staff notify the committee when all matters are resolved.

Mr. Gaudioso, 167 Maple Glen Drive, relayed his appreciation for the assistance provided by Mr. Koenig and hoped that the concerns relayed by the homeowners have assisted the City in their consideration of these issues. He explained that the main concern is that the homeowners will somehow be held financially responsible and their desire for assurance by the City for protection from any financial burden.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Members were provided the Petition to Annex and Zone Property for property located at 1889 Kenton Road, consisting of .50^+/- acres, owned by Brian L. and William A. Bright.

Mrs. Townshend, Director of Planning and Inspections, advised members that water and sewer services are already available for the property. In July 2005, Mr. Bright paid his share of the proportionate costs and the City installed a low pressure sanitary sewer force main across Kenton Road to service his property. In addition, she stated that the City installed a 1" water service to the property line. Mrs. Townshend advised members that electric service is not available from the City of Dover and that the property is within the Delaware Electric Cooperative’s district.

Mrs. Townshend stated that a cost-revenue analysis was conducted which showed a positive cash flow to the City in the amount of approximately $18,868 over ten years. She noted that it is anticipated that the majority of this money would be collected in the first year due to the sale of the property.

Referring to the report provided by staff, Mrs. Townshend advised members that the report incorrectly indicates that the current County zoning classification is BG (General Business) and that the correct zoning classification is AR (Agricultural Residential).

The committee recommended adoption of the Resolution setting the date of an annexation referendum to be held on April 17, 2008 for property located at 1889 Kenton Road, consisting of .50^+/- acres, owned by Brian L. and William A. Bright.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and by a unanimous roll call vote (Mrs. Russell absent), Council adopted the following Resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 1889 Kenton Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a special election be held for an area located at 1889 Kenton Road situated in East Dover Hundred, Kent County, State of Delaware.

2. That the election be held on the 17^th day of April, 2008 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4. That this resolution be published in accordance with the City of Dover Charter.

By consent agenda, Mr. Slavin moved for acceptance of the Utility Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The Legislative, Finance, and Administration Committee met on February 25, 2008 with Chairman Slavin presiding.

Independent Accountant Report on Applying Agreed Upon Procedures - Haggerty & Haggerty, P.A.

During their meeting of February 11, 2008, members considered a request to amend the Robbins Hose Company Annual Contribution in the CIP. At that time, members tabled action to allow for the Haggerty & Haggerty Report to be brought forward and allow for the Fire Chief to be provided the opportunity to respond to the recommendations. Members were provided the Independent Accountant’s Report on Applying Agreed Upon Procedures pertaining to the Dover Fire Department prepared by Haggerty & Haggerty, Certified Public Accountants and Management Consultants.

Mr. Slavin noted that the goal of any audit is to provide the opportunity for improvements. It was his feeling that it’s the City’s desire to have the best fire department and best management of the City’s financial responsibilities and tax dollars.

Mrs. Mitchell, Finance Director/Treasurer, advised members that several months ago she relayed concerns regarding financial controls at the fire department, which resulted in a request for an independent accountant report.

Mr. Vincent Barbone of Haggerty & Haggerty advised members that he conducted the review of Agreed Upon Procedures for the Fire Department and reviewed the results contained in the report provided. With reference to the May 2006 withdrawal in the amount of $7,153.75 (Wilmington Trust Account #1294-4071), he advised members that since the finalization of the report, the Fire Department has provided documentation to substantiate that the withdrawal was used for the intended purpose; however, he explained that this does not substantiate the fact that the Fire Department spent more than the $31,000 approved by City Council.

Mr. Barbone explained that the Wilmington Trust Account #1305-3669 was established for use by the Fire Department to serve as a reserve fund for the repair or purchase of new equipment, along with City funds. Although the funds included in the report do not pertain to the City, he stated that the accountants were unable to locate the information when conducting the review; therefore, there is a lax in record keeping by the Fire Department. Although this concern is outside of the scope for the City, since the Fire Department is a 501-C3 tax exempt organization, they have a certain public accountability and would be encouraged to make improvements in this regard.

Responding to Mr. Salters, Mr. Barbone explained that the accountants were provided policies and procedures and were requested to determine if there were any issues that were not in concert with the policies and procedures.

Chief Carey advised members that all of the transactions mentioned in the report have been cleared and documentation has since been provided to Mr. Barbone.

Mr. McGlumphy thanked Chief Carey for his willingness to take action and for working with the Finance Department to resolve any issues. He concurred with the importance of eliminating any perception of a conflict of interest and suggested that the Fire Department take the necessary action to assure there is transparency. Mr. McGlumphy stated his hope that members of the Fire Department will continue to work with the Finance Director in a positive manner.

In reviewing the options provided in the report, Mr. Slavin suggested that the Fire Chief and Finance Director meet to develop recommendations for the committee’s review in the near future.

Mr. Hogan stated his experience with volunteer and non-profit organizations is that the quality of work varies from year to year. It was his opinion that allowing the City professionals to handle the finances involving City funds would prove beneficial to the Fire Department due to the constant change in officers.

Concurring, Mr. Leary reiterated the need for transparency and accurate bookkeeping. He relayed his appreciation for the positive manner in which this matter is being resolved.

The committee recommended acceptance of the Report, with the understanding that the Fire Chief and Finance Director will report back to the committee within two (2) to four (4) weeks with a set of procedures that will be beneficial to all parties involved.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Contract with IAAO for Technical Assistance - Review, Analysis, and Evaluation of City Assessor’s Office

Mr. DePrima, City Manager, advised members that the International Association of Assessing Officers (IAAO) is the leading professional organization for tax assessors. The IAAO has a technical assistance program where retired or employed professional assessors, when available, provide technical assistance and evaluation services for local governments in need.

Mr. DePrima stated his opinion that there is a strong need for a complete review of the City Assessors Office. He explained his opinion is based on management observations, the fact that the office has had three (3) different assessors over the past eight (8) years, and a lack of standards for a number of its routine procedures. It is hoped that such an evaluation would produce recommendations that, when implemented, would allow the City to become an IAAO certified city.

Members were provided a detailed Scope of Work which included information on the IAAO and its services. Mr. DePrima noted that the contract cost is $30,500. The IAAO has proposed to assign Frederick Chmura and Wayne Trout for this work, whose qualifications were also included. He advised members that the funding for the cost of the contract would come from the money budgeted for the City Assessor’s salary. He reminded members that a “commercial appraiser” position was budgeted for this year and indicated that the position would not be filled until the Assessor position was filled. He stated that the expense would be included in the mid-year budget review.

Due to the immediate need for these services and the IAAO’s unique position as a non-profit professional organization, a Request for Proposals as called for in the purchasing policy is not recommended at this time.

Staff recommended that the City Manager be authorized to contract with IAAO to perform a Review, Analysis, and Evaluation of the City Assessor’s Office at a cost of $30,500, waiving the purchasing policy requiring a Request for Proposals.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation to authorize the City Manager to contract with IAAO to perform a Review, Analysis, and Evaluation of the City Assessor’s Office at a cost of $30,500, waiving the purchasing policy requiring a Request for Proposals. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Members considered a request for the disposition of City owned land for property located at 101 Jefferson Court (Tax ID# ED-05-076.07-01-140.000-000), which is an end unit townhouse located in the Presidential Courts Town Home Development in West Dover.

Mr. DePrima, City Manager, advised members that in accordance with the City of Dover Procedure for Sale and Disposition of Real Property, he evaluated the property and determined that no City departments have a need for the parcel. He also determined that changing the current zoning classification of RG-3 (Townhouse) would not enhance the value of the lot. Mr. DePrima indicated that the property was acquired by the City through a condemnation. The interior of the property was completely demolished and cleaned as a part of the condemnation effort. In accordance with the Real Property Disposal Procedure, he recommended that the City sell the property through a sealed bid with a minimum value equal to the cost of the demolition and clean up of the property.

Staff recommended the following: 1) Determine property is excess real estate; and 2) authorize the City Manager to sell the property by sealed bid at a minimum acceptable price of $75,000 after advertising in a local paper once a week for two (2) weeks.

Responding to Mr. McGlumphy, Mr. DePrima stated that in accordance with City policy, any excess funds acquired beyond the costs of the demolition and clean up of the property would be credited to the Library Reserve Fund.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation to determine the property is excess real estate and authorizing the City Manager to sell the property by sealed bid at a minimum acceptable price of $75,000 after advertising in a local paper once a week for two (2) weeks. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

During the Council Workshop held on November 5, 2007, members were provided a presentation of the Downtown Incentives.

Mrs. Townshend, Director of Planning and Inspections, provided members details as to the status of proposed and existing incentives to encourage redevelopment of downtown Dover. Staff recommended feedback for progressing with the proposed incentives.

Referring to the incentive to Create a Fast-track Approval Process for all Development Issues in the Downtown Target Area, Mr. Slavin requested that staff develop and present a time-line for the committee to review. He also requested that the incentive for a Case Manager for new business issues scheduled for review by City Council also be submitted to the committee for their review. He advised members that the incentive regarding the elimination of the Bid Tax for downtown Dover would be scheduled for a future meeting for the committee’s review and recommendation.

The committee recommended acceptance of the Status of Incentives for Downtown Report submitted by staff.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

By consent agenda, Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - FEBRUARY 25, 2008

A Special Parks, Recreation, and Community Enhancement Committee meeting was held on February 25, 2008 with Chairwoman Russell presiding.

During their meeting of January 29, 2008, members reviewed the CDBG Program Guidelines and Update. Mrs. Townshend, Director of Planning and Inspections, advised members that revisions have been made based on the previous comments and concerns previously made by members.

Responding to Mr. Ruane, Mrs. Harvey, Community Development Manager, explained that projects are measured based on the monthly reports required to be submitted by the applicant. She noted that the requirement for the submission of the monthly reports is included in the contract. Mr. Ruane suggested that if there are any policy and/or programmatic expectations, such as monthly reports, monitoring, site visits, etc., they should be included in the program guidelines rather than or in addition to the contract. Mrs. Townshend indicated that an item #3 could be added to Section B - Program Performance Period to address this suggestion.

At the request of Mr. Ruane, Mrs. Townshend explained the criteria for the point system used by the committee in their review of the applications. She assured members that the “clean hands” ordinance will be incorporated into the guidelines to determine application eligibility.

Referring to the Management Capacity criteria and the requirement of an audit report, Mrs. Townshend questioned what additional information should be required and suggested a requirement of providing references. Mr. Ruane suggested that the title be amended to include “Past Performance and Management Capacity”. Mr. McGlumphy suggested that a performance audit also be required. Mr. Lewis relayed concern for new organizations having the ability to meet such requirements. Mrs. Townshend suggested that resumes would alleviate this concern. Mrs. Horsey felt that references would be beneficial to members.

In response to Mr. Ruane, Mrs. Townshend felt that an additional bullet could be included under “Description and Demonstrated Need for Proposed Program” that would allow for an explanation as to the availability of other funding.

After much discussion regarding the Cost Effectiveness criteria, Mrs. Townshend stated that additional details could be included to provide a better understanding of “reasonable”. She advised members that staff has been attempting to revise this section; however, it has been difficult to develop an explanation that is not subjective.

Referring to Performance Measurements, Mr. Ruane felt that neither of the questions provide a measurement and that HUD provided a better expectation for the outcome. Mrs. Harvey provided members with the HUD measurements. Mr. Ruane felt that there are better descriptors and requested that staff make this determination and provide them to members.

Mrs. Townshend assured members that staff will make revisions in accordance with the committee discussions. She suggested that during the committee meeting in April, members review the point system and scoring of applications which would occur immediately following their review of applications for the next year. It was her feeling that this would allow members to better determine any necessary improvements since they would have recently gone through a review of applications.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Noting that members will participate in the City Budget review, Mr. McGlumphy requested that representatives of the Dover Symphony be invited to attend the next committee meeting to present their needs, as well as other cultural activities in the community, to determine if there is a means for the City to provide assistance to these non-profit organizations. Rather than having a specific organization make such a presentation, Mr. Ruane suggested that the Dover Arts Council be contacted to do so which would include all such organizations.

As a reminder, Mrs. Russell stated that during the committee meeting of March 18, 2008, the committee will be conducting their review of the CDBG Applications.

By consent agenda, Mr. Slavin moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The Safety Advisory and Transportation Committee met on February 26, 2008 with Chairman Hogan presiding.

During their Special Meeting of May 11, 2004, Council approved a Revised Memorandum of Understanding between the City of Dover and the Capital School District and authorized the City of Dover Police Department to apply for the three year COPS in School 2004 Grant that would partially pay for School Resource Officers. The grant funds ended last fiscal year, however the City and School District were obligated to keep and fully fund the program a fourth year. The agreement for the fourth year, which is this fiscal year, called for the School District to pay 75% of the cost, estimated at $116,313.00. The Capital School District Superintendent would like a permanent arrangement to retain these officers and is proposing to have the school district pay $75,000 toward the expense of the program for next year and the following years. This is approximately 50% of the cost of the salary for a third-year patrolman.

Dr. Michael Thomas, Capital School District Superintendent, advised members that the grant provides two officers, one at Dover High School and one at Central Middle School. The District is unable to fund 100% of the program through local funding, which is not set up to cover recurring salary costs.

Responding to Mr. Hogan, Police Chief Horvath stated the salary and benefits for Corporal Ranger at Dover High School and Master Corporal Hester at Central Middle School is $176,979. He advised members that the contract cost for two first-year patrolmen is $129,875, two second-year patrolmen is $137,118 and two third-year patrolmen is $144,069.

Chief Horvath stated that he believes it would be a mistake to remove the police officers from the schools, feeling that they are well received and are bettering both schools. He also stated that the officers are assigned solely to the schools for 10 months of the year. Additionally, they volunteer their own time for after-school functions and sporting events.

Dr. Thomas agreed that having the school resource officers is good prevention, noting that they form relationships with the children in the schools. Chief Horvath stated that the statistics showing that the crime rate goes up when placing an officer in the school are misleading. He explained that the problems don’t increase, they are being closely observed and arrests are being executed.

Dr. Thomas stated the population of Dover High is 1,553-1,573, and the population at Central Middle School is 920-930. Mr. Slavin noted that if this number of youth congregated in any one place in Dover, police presence would be provided so it seemed that resource officers are a logical extension of services the City provides. He noted his support for continuing the program.

Mr. DePrima, City Manager, stated that there is no agreement beyond this grant year and suggested that the new agreement correspond with a specific salary instead of a flat rate, which would eliminate the need for continual adjustment as salaries increase over time. Chief Horvath noted that they placed experienced officers in the schools and the grant paid the lower salaries of new officers.

Chief Horvath stated that he would address the School Board regarding the use of tasers in school. He noted that, according to policy, there could be situations in high school where an officer might have to deploy their taser.

Chief Horvath advised members that the officers utilize the two months when there is no school to attend school resource training, participate in camps for underprivileged children, catch up on paperwork, and take their vacations. He stated that they could be available during the summer.

The committee recommended that a long term arrangement with Capital School District to fund School Resource Officers be referred to staff to develop funding details.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Proposed Resolution in Support of Weekend Bus Service (Dover Human Relations Commission)(Continued from Special Committee Meeting of February 5, 2008)

During the Special Safety Advisory and Transportation Committee meeting of February 5, 2008, members considered a Resolution in Support of Weekend Bus Service proposed by the Dover Human Relations Commission. Due to the lack of a quorum, no action was taken.

Members were provided a Resolution revised by Mr. Hogan to read like a Council Resolution.

WHEREAS, many residents of Dover need to travel to locations within the city on weekends and not all Dover residents own or rent a vehicle or have other means of travel; and

WHEREAS, tax dollars collected by local, county, and state governments should be used to address the needs and wants of citizens, of which accessible and affordable public transportation is clearly one such need; and

WHEREAS, it is unfair to expect Dover citizens to pay the entire cost of public transportation and

NOW THEREFORE BE IT RESOLVED that the City of Dover is greatly encouraged by the planned one (1) year test of Saturday bus service for Dover and supports the continuation of weekend bus service in the City of Dover.

BE IT FURTHER RESOLVED THAT the Dover City Council supports legislative efforts at the county and state level aimed at providing funding for public bus service in Dover on weekends.

The Dover Human Relations Commission (DHRC) recommended adoption of a proposed Resolution related to hate crimes. Due to the length of the proposed Resolution, members were provided a more concise draft revised by Mr. Hogan.

Mr. Hogan, noting that lines 35 thru 38 refer to local, state, and regional law enforcement agencies providing ongoing training for identifying, responding to, and reporting all bias crimes, questioned whether ongoing training for hate crimes is provided. Chief Horvath advised members that officers receive training for Hate Crimes in the Police Academy; however, to his knowledge, ongoing training is not provided in the State. He noted that the police respond to all crimes, and all reports are entered into the system and the State of Delaware reports the crimes to the FBI. Chief Horvath stated that the last time a hate crime was committed in Dover was in 1999, and that is the only one that he is aware of in Delaware. He noted that some crimes are investigated as hate crimes and are determined not to be hate crimes.

The committee recommended deletion of lines 35-38, revision of line 41 to read “is committed”, and revision of line 43 by deleting “: and” and replacing it with a period.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

WHEREAS, the City of Dover understands, recognizes and appreciates the dignity, worth, and potential of every individual; and is strongly committed to supporting the rights guaranteed to every individual by our state, local, and national laws and to the assurance of justice and equal treatment under these laws; and

WHEREAS, Public Law #103-322A, a federal law, defines a hate crime as: "a criminal offense committed against a person, property or society which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin"; and

WHEREAS, Delaware Law -- 11 Del. C &1304 (2000) defines a hate crime as a crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege or immunity protected by the First Amendment, a crime committed because the victim has exercised or enjoyed said rights, or because of the victim's race, religion, color, disability, sexual orientation, national origin or ancestry; and

WHEREAS, such violence disrupts the tranquility and safety of communities and is deeply divisive; and

WHEREAS, state and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias and the City of Dover is opposed to and condemns any form of discrimination; and

WHEREAS, when perpetrators of hate are not prosecuted as criminals and their acts not publicly condemned, their crimes can weaken even those communities with the healthiest race relations and

a core responsibility of government is to protect the civil rights of its citizens and to advance its inherent obligations to ensure good race and ethnic relations; and

WHEREAS, according to the International Association of Chiefs of Police hate crimes are often especially brutal or injurious.

NOW, THEREFORE, BE IT RESOLVED, that the City of Dover strongly supports hate crimes legislation at all levels of government and affirms its belief that the existence and effective enforcement of special laws addressing crimes based on prejudice sends a strong message that hate-based violence is particularly an anathema to the principles of freedom and equality forming the cornerstone of our democracy; and

BE IT FURTHER RESOLVED, that the City of Dover is committed to continuing to provide a forum for citizens to talk about racial and ethnic relations and encourage citizens to discuss their differences, commonalities, hopes and dreams

The Collegian Project is a multiple story mixed use commercial and residential project proposed by Mr. Michael Zimmerman and Mr. Sal Leone of the Collegian Plaza Hospitality Group, II LLC. The project is on the south side of Loockerman Street between Governors Avenue and State Street. It is located on the site of the former Capital Office Supply and Dover Hardware Store.

The project, as conditionally approved by the Planning Commission, has a sixth story balcony approximately 64 feet above grade. This balcony extends approximately five (5) feet over the property line into the City’s right-of-way. This encroachment does not interfere with any operations; however, it does require City Council approval.

Staff recommended authorizing the City Manager to sign a right-of-way encroachment easement for Collegian balconies after review and approval by the City Solicitor. The easement is to be prepared by the developer.

Responding to Mr. Hogan, Mr. Deprima stated that the balcony does not extend beyond the sidewalk.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Due to the absence of Ms. Juanita Wieczorek, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), the committee tabled the discussion regarding the prioritization of transportation projects until she would be available to be involved in this discussion.

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

By consent agenda, Mr. Slavin moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.

Councilman Salters asked why the land value was raised, when the property was already valued prior to the building permit. Ms. Russell explained that the land value had been raised because of the building permit. She went on to state that according to William W. Pepper Sr. Esquire, the land value cannot be changed until a Certificate of Occupancy has been issued.

The committee recommended values for Appeal # 2007-037, owned by Creekstone Dev. LLC, as shown on attached spreadsheet (Exhibit #4).

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The committee recommended values for Appeal # 2007-048, owned by William & Rosemarie Simpson, as shown on attached spreadsheet (Exhibit #4).

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Locations: 800 Silver Lake Blvd. - ED-05-067.16-03-08.02 - Appeal #2007-030; 820 Silver Lake Blvd. - ED-05-067.16-03-08.05 - Appeal #2007-031; and 802 Silver Lake Blvd. - ED-05-067.16-03-08.06 - Appeal # 2007-032.

The committee recommended acceptance of the stipulated values for the following: 1) Appeal #2007-030, 800 Silver Lake Blvd.; 2) Appeal #2007-031, 820 Silver Lake Blvd.; and 3) Appeal #2007-032, 802 Silver Lake Blvd., owned by Silver Lake Office Plaza LLC, as shown on attached spreadsheet (Exhibit #4).

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The committee recommended acceptance of the stipulated value for Appeal #2007-035, 600 Jefferic Blvd., owned by Dover Bowl LLC, as shown on attached spreadsheet (Exhibit #4).

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The committee recommended acceptance of the stipulated value of $10,000,000 for the land (unchanged) and $76,924,600 for improvements for Appeal #2007-039, 1131 N. DuPont Highway (Hotel and Casino), owned by Dover Downs Inc., as shown on attached spreadsheet (Exhibit #4).

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Location: 830 Walker Road, Suite 11-1, - ED-05-067.19-02-02.20 - Appeal #2007-046; and 830 Walker Road, Suite 11-3, - ED-05-067.19-02-02.22 - Appeal #2007-047.

The committee recommended acceptance of the corrected values in the amount of $66,500 for land and $44,300 for improvements for Appeal #2007-046, 830 Walker Road, Suite 11-1; and $66,200 for land and $44,000 for improvements for Appeal #2007-047, 830 Walker Road, Suite 11-3, owned by SJM Partnership, as shown on attached spreadsheet (Exhibit #4).

By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

The committee recommended dismissal of Appeal #2007-045, Poles/Lines City of Dover, owned by Comcast, as shown on attached spreadsheet (Exhibit #4).

(City Clerk’s Office note: Due to a notice issue, this item will be reheard by the Tax Appeals Committee on March 26, 2008)

The owner of record for BBC Properties is Mike Zimmerman. The properties under appeal are the Collegian Plaza, located on Loockerman Street, and Compass Pointe, located at the Blue Coat Inn site on N. State Street. This appeal is being brought up for discussion only. Members were advised that originally, the appeal was to be denied due to an issue of the appeal form being received by the due date. Mr. Capuano had sent a letter to BBC Properties before his resignation, allowing BBC Properties to move forward with their appeal. An additional letter, with clarification, was sent out Certified Mail on February 11, 2008 allowing them until April 15, 2008 to submit their Self-Contained Written Appraisal.

Members discussed the outstanding tax issue. There was a legal opinion from the City Solicitor that indicated that the “Clean Hands Act” was never intended to apply to Tax Appeals. Councilman Ruane asked the committee if they had seen the analysis prepared by the City Manager to substantiate allowing BBC Properties to move forward on the appeal process, and if anyone had any issues with it. No one disagreed with the analysis, as written by the City Manager. Mr. DePrima points out that he was asked to look at the paper trail that led to the decision on the appeal being heard and did not get involved with any other information or values concerned with the appeal.

Mr. DePrima commented on the issue of valuing land before a Certificate of Occupancy is issued, as mentioned earlier during the appeal hearing, as per the legal opinion of the Assistant City Solicitor. He asked if this ruling would also pertain to the appeal for BBC Properties. If this does apply to BBC Properties, Mr. Ruane asked Ms. Russell to bring this information to the scheduled March 26, 2008 appeal hearing.

Councilman Ruane suggested that the City move forward with the approval of an attorney for the Assessor’s Office. Mr. DePrima stated that he would assist Ms. Russell and authorize Pete Gregg to help create an RFQ for services.

Members were advised that the property located at 1127 S. DuPont Highway, which is the Hertrich Auto Dealership, is still in the appeal process. Ms. Russell explained that she has gone to the dealership and re-measured and collected data pertaining to the appeal. Mr. Capuano is no longer here to defend the value he placed on the property; therefore, Ms. Russell has sent the appraisal and her data and value to Tyler Technologies and asked for their review. This review should be ready for the next scheduled Appeal Hearing of March 26, 2008.

By consent agenda, Mr. Slavin moved for acceptance of the Tax Appeals Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

By consent agenda, Mr. Slavin moved for acceptance of the Planning and Inspections Annual Reports (as on file in the Office of the City Clerk), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Bids were solicited for the purchase and installation of Variable Frequency Drives (VFD’s) at Wells 11, 13R and 15 and the White Oak Farms Pump Station. Mr. DePrima, City Manager, advised members that a mandatory pre-bid was advertised according to the City purchasing policy under Bid #08-0058DPU and that eleven (11) potential bidders attended the meeting. Specifications were available via download from the City’s website prior to the meeting. He stated that questions were answered at the meeting, and an addendum was issued on January 16, 2008 and that bidders were instructed to submit their proposals by January 25, 2008.

Mr. DePrima noted that the City received three (3) proposal responses. Staff evaluated the proposals and it was determined that all three (3) bidders were qualified. A telephone interview was conducted with the three (3) bidders to discuss their experience and to confirm that all three (3) were going to provide the motors that were specified in the bid documents. All three (3) provided additional information regarding their experience and all three (3) were planning to purchase and install the Cutler-Hammer VFD’s that were specified in the bid documents. After a thorough review, staff determined that a contract offer should be extended to the low bidder, Tudor Electric, Inc.

During the interview with Tudor Electric, Inc., it was discovered that they had not specified a pump controller or PLC in their bid for the White Oak Farms Pump Station. The pump controller will allow the VFD’s to identify and alternate between lead and lag pump and control the VFD ramping up/ramping down functions. In accordance with the Purchasing Policy, staff negotiated a price and accepted a final and best offer from Tudor Electric. Including the adders for the Pump Controller and a TVSS, which provides surge protection to the station’s electronics, Tudor Electric, Inc., remained the low bidder.

Staff recommended awarding the project to the low bidder, Tudor Electric, Inc., in the amount of $86,074 for the purchase and installation of Variable Frequency Drives (VFD’s) at Wells 11, 13R and 15 and the White Oak Farms Pump Station.

Mr. Ruane moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mrs. Russell absent).

Mr. DePrima, City Manager, advised members that the Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as a “time and material” contract and may exceed $25,000 annually. The City solicited bids for concrete construction work which includes digging footings, forming and placing rebar, pouring concrete and related equipment required to perform the work. Tasks that will be completed include the construction of substation transformer pads, breaker footings and pads, substation steel support footing and similar work for both the College Road and Horsepond Substations, as well as other projects.

Bids were solicited and advertised according to City Policy under Bid #08-0066DPU. Bids were received from three (3) potential vendors. Staff evaluated the three (3) vendors by assuming a 40 hour job to determine the low bidder. It was noted that the specifics of this analysis was provided to members for their review. The duration of the bid is for a three (3) year contract with the possibility of the City extending it an additional two (2) years.

Staff recommended awarding a three (3) year blanket concrete construction contract, with a City option to extend it an additional two (2) years (five years total), to Shea Concrete, Ltd.

Mr. Ruane moved for approval of staff’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell absent).

REAPPOINTMENT RECOMMENDED BY MAYOR CAREY - DOVER HUMAN RELATIONS COMMISSION - ROY SUDLER, JR. - THREE (3) YEAR TERM TO EXPIRE FEBRUARY 2011

Mayor Carey recommended the reappointment of Mr. Roy Sudler, Jr. to serve on the Dover Human Relations Commission for a three (3) year term to expire February 2011.

By consent agenda, Mr. Slavin moved for approval of the reappointment of Mr. Sudler as recommended by Mayor Carey. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell absent).

Due to the recent resignation of Mr. Capuano, City Assessor, members considered the appointment of Ms. Cheryl Russell, Assistant City Assessor, to serve as Interim City Assessor.

By consent agenda, Mr. Slavin moved for approval of the appointment of Ms. Cheryl Russell to serve as Interim City Assessor, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell).

PROPOSED BOND RESOLUTION - AUTHORIZING THE SALE OF UP TO $22,200,000 ELECTRIC REVENUE BONDS OF THE CITY OF DOVER

Members considered a proposed Bond Resolution authorizing the sale of up to $22,200,000 Electric Revenue Bonds of the City of Dover. Mrs. Mitchell, Finance Director/Treasurer, explained that the proposed resolution is preliminary and that when the bonds are bid, a true interest rate will be obtained. A final resolution will be presented when the City goes to the market for the bonds. She also advised members that the City’s Engineering Consultant will be required to provide an update and review and approve the projects included prior to the issuance of the bonds. Mrs. Mitchell also stated that it will be necessary to update the financial forecast model to include the revised amounts and that she will be required to sign a certificate assuring that the City revenues will be sufficient to pay for the additional debt service.

Mr. Ruane moved to authorize the City Clerk to read the Resolution by title only, seconded by Mr. Leary and unanimously carried.

Mr. Ruane moved to authorize the sale of up to $22,200,000 Electric Revenue Bonds of the City of Dover. The motion was seconded by Mr. McGlumphy and by a unanimous roll call vote (Mrs. Russell absent), Council adopted the following Resolution:

A RESOLUTION AUTHORIZING THE SALE OF UP TO $22,200,000 ELECTRIC REVENUE BONDS OF THE CITY OF DOVER

WHEREAS, pursuant to Chapter 158, Volume 36, Laws of Delaware, as amended (the “City Charter”) and Chapter 111, Volume 52, Laws of Delaware, as amended (collectively, the Enabling Acts”), the City of Dover (the “City”) is authorized to issue revenue bonds for the purpose of financing and refinancing improvements to its electric system;

WHEREAS, pursuant to the Enabling Acts, the City adopted a Resolution on December 23, 1985, as subsequently supplemented (the “Original Bond Resolution”) in order to issue various series of electric revenue bonds;

WHEREAS, the Original Bond Resolution was amended and restated by a Resolution adopted on August 23, 2004 (the “Bond Resolution”) pursuant to which the City issued The City of Dover, Delaware $22,535,000 Electric Revenue Refunding Bonds (Taxable Series 2004);

WHEREAS, the City desires to issue additional revenue bonds pursuant to the Bond Resolution in order to make certain improvements to the electric system; and

WHEREAS, the City desires to be reimbursed for costs of improvements that it has already made to the electric system in anticipation of the bond financing;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dover, Delaware as follows (at least three fourths of all members thereof concurring therein):

1. The Council authorizes the sale of the City’s electric revenue bonds pursuant to the Bond Resolution in the aggregate principal amount of up to $22,200,000 (the “2008 Bonds”) for the following purposes (the “Project”):

Use of Funds		Estimated Costs

69kv Feeder Lines #3 and #4--Cartanza Station		$ 9,778,082
St. Jones Substation		6,208,777
Horsepond Road Substation--Transformer		1,020,000
Pollution remediation at McKee Run Plant		2,493,141
Deposit Debt Service Reserve Fund		2,190,000
Costs of Issuance		510,000
Total		$22,200,000

2. The 2008 Bonds shall be sold in a public or private negotiated sale in such manner, subject to such terms an at such price as the Mayor and Treasurer shall determine shall be in the best interest of the City.

3. The City declares its official intent within the meaning of Income Tax Regulation §1.150-2 to issue up to $22,200,000 aggregate principal amount of its 2008 Bonds to finance the Project and to reimburse certain original expenditures made for the Project and for other capital expenditures related thereto, which have been or will be incurred prior to the issuance of the 2008 Bonds.

4. The 2008 Bonds shall be issued in one or more series, shall bear interest at such rates, shall be payable and shall mature at such times, shall contain such provisions for optional and mandatory redemption, shall be in such form, certificated or book entry, and shall contain such other terms and conditions as the Mayor and Treasurer shall determine shall be in the best interest of the City.

5. The Mayor and Treasurer are authorized to prepare and distribute a Preliminary Official Statement in connection with the offering and sale of the 2008 Bonds and to deem such Preliminary Official Statement final for the purposes of Rule 15c2-12 of the Securities and Exchange Commission and to finalize and distribute an Official Statement.

6. The Mayor and Treasurer are each authorized to enter into a contract with one or more purchasers of the 2008 Bonds providing for the City to issue and sell said bonds in accordance with the terms of said contract and this Resolution.

7. Upon entering into a contract to issue and sell the 2008 Bonds, the Mayor shall promptly inform City Council of the terms thereof whereupon the Council shall adopted a Resolution confirming the terms thereof.

8. The City hereby covenants for the benefit of holders of the 2008 Bonds that, so long as any 2008 Bonds are outstanding, it will file, or cause to be filed, all financial information, operating data and notices of material events in order to comply with the requirements of Rule 15c2-12 of the Securities and Exchange Commission with respect to the 2008 Bonds.

9. The City Clerk shall forthwith cause to be published once in a newspaper published in the City a notice in substantially the following form:

“NOTICE IS HEREBY GIVEN that the City Council of the City of Dover, Delaware on March 10, 2008 pursuant to Chapter 111, Volume 52, Delaware Laws, as amended, adopted a resolution entitled as follows:

‘A RESOLUTION AUTHORIZING THE SALE OF UP TO $22, 200,000 ELECTRIC REVENUE BONDS OF THE CITY OF DOVER’

“The purpose of the issuance of said bonds is to provide funds to finance or refinance certain improvements to the City’s electric system, including, but not limited to the following: 69kv Feeder Lines #3 and #4--Cartanza Station, St. Jones Substation, Horsepond Road Substation Transformer, Pollution remediation at McKee Run Plant.

“Any action or proceeding to contest the validity of said resolution or any of its provisions must be commenced within thirty (30) days after the publication of this notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of said resolution or any of its provisions shall be asserted, nor shall the validity of such resolution or any of its provisions be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period.

10. The Mayor, Treasurer and Clerk of Council are hereby authorized and directed to take all action deemed by them as necessary and appropriate to carry out the intent of this resolution.

11. This resolution shall take effect immediately upon its passage and approval by the Mayor.

During the November 5, 2007 Council Workshop, Mr. Moore, President of the Greater Dover Committee, gave a presentation on the Downtown Dover Partnership Corporation (Exhibit #5). He advised members that the Downtown Partnership is a remnant of the Hyett-Palma Study (2006 Downtown Economic Enhancement Strategy), which recommended that the City implement a partnership that would combine the DDDC, Dover Parking Authority, and Dover Main Street.

Mr. Moore reviewed the presentation provided to members regarding the Downtown Dover Partnership, noting that in addition to the partnership, the other key recommendations from the Hyett-Palma Study were for the hiring of an economic development leader, and to invest in a professional marketing strategy. He advised members that the partnership has been approved by the Greater Dover Committee, DDDC, Dover Parking Authority, and Dover Main Street.

Mr. Moore requested that members authorize City staff to move forward with the ordinance amendments and other details and endorse the proposed By-Laws and Certificate for Incorporation for the Downtown Dover Partnership Corporation, which would allow for the partnership to be formed.

Responding to Mr. Ruane, Mr. Moore indicated that with regards to the membership for the Board of Directors, the presentation is accurate and that Article 6, Section 6 of the Articles of Incorporation will be revised accordingly.

Mr. DePrima advised members that any City employee created as a result of the partnership will be subject to the creation of goals, performance evaluations, and accountability, as with any other City employee. He noted that with the current commissions and boards, there is only one (1) full-time City employee, which is the Main Street Coordinator. The proposal maintains that position, to be known as the Downtown Coordinator, with the addition of two (2) additional positions: Marketing Administrative Assistant and the Economic Development Professional, whom would not only serve full-time on downtown redevelopment but would also be used for City-wide economic development.

For clarification, Mr. DePrima confirmed that the performance measures and objectives for this organization’s budget unit will be required.

Responding to Mr. Hogan, Mr. Moore stated that as he understood Mr. Lakeman, President of Main Street Dover, there would not be a loss in any current status of the Main Street Program under the proposed scenario.

Mr. Slavin moved to suspend the rules to allow public comments, seconded by Mr. Leary and unanimously carried.

Council President Williams noted the receipt of correspondence from Mr. Patterson, President of the DDDC, in support of the proposed partnership (Exhibit #6), and from Ms. Windley, Founding Member and current Board Member of Main Street Dover, in opposition to the proposed partnership (Exhibit #7).

Ms. Windley, 725 Bicentennial Boulevard, referred to the e-mail she submitted and explained her greatest concern is for the actual loss of the historic preservation aspect of the Main Street Program. She noted that the Main Street approach is a community driven program and that the proposed partnership would eliminate the program from being community driven. The By-Laws eliminate the historic preservation and tourism professionals. She stated that the historic preservation part of the mission statement has been eliminated. Noting that the historic and cultural architecture is one of the greatest assets of the City, it was her feeling that to eliminate this protection would be detrimental to the City. Mrs. Windley advised members that in discussions with the State Program, Main Street Dover will lose its National Trust designation. As included in her e-mail (Exhibit #7), she read that portion referencing the letter dated October 11, 2007, from Mr. Lakeman to Mr. Moore, into the record.

In response to Mr. Hogan, Ms. Windley explained that the Main Street Board of Directors voted in favor of the concept, with the caveats included in the letter dated October 11, 2007.

Mr. Slavin relayed his opinion that the new partnership would meet the spirit and letter of a Main Street Organization and if there is a loss of National Trust, it would be due to there being an end to one organization and not yet the beginning of another. He stated that this loss would not mean that the designation would not be granted to the new organization; however, the new organization would be required to earn such designation. With reference to the National Trust, Mr. Slavin stated that although they have good programs and perform great works, he did not feel that they know the specific and current needs of the City. Disagreeing with the concerns regarding the loss of historic preservation protections, he noted that the City also has the Historic District Commission, Planning Commission, and City staff, as well as the committee structure to assure these protections are maintained.

Mr. Moore assured members that this effort has been well communicated amongst a large community for over two (2) years. Referring to the concerns and position of Main Street regarding the proposed partnership, Mr. Moore advised members that meetings were held with Mr. Lakeman and that the issues mentioned tonight have been addressed. With regards to the concerns that the proposed partnership would not be a community effort, he noted that the Statement of Purpose included in the Bylaws for the Downtown Dover Partnership Corporation, states the following: “In particular the goal of the corporation is to improve the opportunities for job creation, broaden the tax base through the development of the commercial and residential potential of the Central Dover area, and to maintain and restore the historic architectural and community qualities of the downtown area consistent with the goals of the National Main Street Program.” It was his feeling that this statement addresses those concerns relayed by Ms. Windley. Mr. Moore expressed the dire need for a change for downtown Dover at this time and urged members to approve the implementation of the Partnership.

Mr. Moore stated that if Council determines that the City is unable to fund the new economic development director position in the first year, an interim plan has been developed that would allow for the Director of Planning and Inspections, Mrs. Townshend, to serve as the director and to provide staff support to the organization. He explained that this service is already being provided by Mrs. Townshend to three (3) different organizations and that the consolidation of the organizations would actually reduce the amount of work required of her at this time.

Referring to Section 2 of Article VII of the Bylaws, Mr. Ruane questioned if it would be the preference of Mrs. Townshend that there be a separate and distinct executive director rather than herself. Responding, Mrs. Townshend indicated that this would be the preference. She explained that with the budget and staffing plan that was developed, there would be a short period of time that she would assume the responsibilities; however, she reminded members that the current Main Street Manager, Mr. Perez, would be assuming many of the day to day tasks associated with this position. Mrs. Townshend advised members that by July 1^st, the Comprehensive Plan would be near completion. As mentioned, she stated that the planning staff and the Public Services Manager are already very much involved with all of the organizations being consolidated with the partnership; therefore, it was her opinion that the consolidation would provide efficiency by better allocating the existing staff amongst the committees rather than duplicating efforts. Mrs. Townshend reminded members that several staff members currently attend the various committee meetings.

In response to Mr. Ruane, Mrs. Townshend stated her understanding that if Council approves the Partnership, the City Manager would incorporate the required budget amounts into next year’s budget for consideration by City Council. Mr. DePrima advised members that there currently are no funds in the budgets of the current organizations to allow for the hiring of any positions in this fiscal year.

For clarification, Mr. DePrima stated that if Council approves the implementation of the partnership, the necessary corrections will be made to the Bylaws and Articles of Incorporation to be presented back to Council for their review and approval.

Mr. Slavin moved for approval of the implementation of the downtown partnership with the understanding that the Bylaws and Articles of Incorporation and following documents and/or ordinances will be presented to Council as separate action items, seconded by Mr. Hogan.

Mr. Ruane relayed his support with the concept of the consolidation of the organizations; however, he relayed concern with the current staffing arrangement, feeling that the current City Planner should not be required to assume additional responsibilities in this regard. It was his feeling that for the partnership to be successful, there is a need for a dedicated employee and until such time that Council authorizes the additional employee, he would not support the proposal.

Mr. DePrima reiterated that the intention is for implementation of the changes to occur after July 1^st, explaining that the Articles of Incorporation and Bylaws, as well as the budget, would not become effective until July 1^st. Therefore, he stated that there would be no extra duties required of Mrs. Townshend before July 1^st.

The motion for approval of the implementation of the downtown partnership with the understanding that the Bylaws and Articles of Incorporation and following documents and/or ordinances will be presented to Council as separate action items was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Mrs. Russell).

Council President Williams reminded members that information regarding the revised grade and salary for the Finance Director/Controller was provided to members during the executive session held on March 3, 2008.

Members were provided with a new position description for the Finance Director/Controller for their review. The recommended revised labor grade is 137 and, based on the current Finance Director’s qualifications, the standard Pay for Performance salary calculation indicates a salary of $113,229, to be effective March 10, 2008.

Referring to the mathematical requirement listed in the position description, Mr. Hogan noted that there is no meaning for the term “linear quadratic equation” and requested that it be striken.

Mr. Ruane moved for approval of the revised grade and salary with an effective date of March 10, 2008 for the position of Finance Director/Controller, the motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mrs. Russell absent).

Members were provided amendments to the required qualifications for the Tax Assessor. Council President Williams reminded members that the qualifications were for approval of the job posting and that the review of the job description, labor grade, and salary range are tentatively scheduled for the Legislative, Finance, and Administration Committee meeting of March 24, 2008.

Mr. Slavin moved for approval of the revised job posting for the Tax Assessor, seconded by Mr. Salters and unanimously carried.

Mr. Salters reminded everyone that the African American Festival will be held on June 4, 2008 at Legislative Mall.

Mr. Hogan suggested consideration of providing schedules of the local football teams, basketball teams, etc. on the City’s website.

Mr. Ruane stated that he participated in a mock City Council meeting with students of the Dover area and commended the staff of the Parks and Recreation D