Regular City Council Meeting
iCal

Apr 13, 2009 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on April 13, 2009 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mrs. Williams, Mr. Salters and Mr. Ruane. Mr. McGiffin was absent.

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

OPEN FORUM

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

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

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

AGENDA ADDITIONS/DELETIONS

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

Mrs. Russell requested that item #6A, Special Parks, Recreation, and Community Enhancement Committee Report - Community Development Block Grant (CDBG) Application Review, and item #10D, City Manager’s Monthly Report, be removed from the consent agenda.

Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGiffin absent).

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 23, 2009

The Minutes of the Regular Council Meeting of March 23, 2009 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Carey.

PROCLAMATION - ARBOR DAY

The City Clerk read the following Proclamation into the record:

WHEREAS, almost 140 years ago J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and

WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and

WHEREAS, the City of Dover was named a Tree City USA in 2009 for the twentieth consecutive year by the National Arbor Day Foundation recognizing Dover for its outstanding urban forestry program; and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce both heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and

WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas while adding beauty to our community; and

WHEREAS, the planting and caring for trees is a special gift that one generation passes down to the next; and

NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 25th, 2009 as ARBOR DAY in the City of Dover, and urge all citizens to support the efforts to care for our trees along our streets, in our parks and in our own yards.

Further, as the City of Dover plants trees on public property, I urge all citizens to plant trees on their private property to enhance the environment and promote the well-being of present and future generations.

On behalf of the City of Dover, Mayor Carey presented the Proclamation to Mr. William Cooper, Grounds Superintendent.

Mr. Cooper invited everyone to attend and assist in the planting of trees, shrubs, etc. in celebration of Arbor Day, to be observed at Silver Lake Park on Saturday, April 25th, from 9:00 a.m. to 1:00 p.m.

PROPOSED RESOLUTION 2009-11 - SPRING CLEANUP WEEK

The City Clerk read a proposed Resolution (#2009-11) - Spring Cleanup Week.

By motion of Mr. Salters, seconded by Mr. Leary, Council unanimously adopted the following Resolution:

COUNCIL RESOLUTION NO. 2009-11 - PROPOSING SPRING CLEANUP WEEK

WHEREAS, we are fortunate to live in a City so abundantly blessed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and

WHEREAS, the Annual Old Dover Days celebration, a period set aside to honor the heritage of the City, will be celebrated May 1 - 3, 2009; and

WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.

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

1.That the week of April 20 - 24, 2009 is designated as SPRING CLEANUP WEEK in the City of Dover.

2.That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.

3.All Spring Cleanup debris should be placed for pickup along with regular household garbage during the week of April 20 - 24, 2009 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.

ADOPTED:    APRIL 13, 2009

PRESENTATION - RESIDENTIAL UTILITY AUDIT (LISA GARDNER)

Mrs. Lisa Gardner of the Public Utilities Department reviewed a presentation entitled “Residential Utility Audits” (Exhibit #1).

PRESENTATION - DELDOT - STIMULUS FUNDING

Mr. Brett Taylor, Financial and Legislative Policy Advisor for the Delaware Department of Transportation (DelDOT), advised members of the www.deldot.gov website that provides a link to a final list of projects to be funded through the American Recovery and Reinvestment Act (ARRA). He noted that the $140.9 million will fund big-ticket items such as the additional highway-speed E-ZPass lanes at the I-95 Toll Plaza and more than $25 million worth of paving and rehabilitation work statewide. Members were provided a Final Project List which includes details regarding each project (Exhibit #2).

Mr. Taylor explained the process involved and requirements for obtaining the stimulus funding, which resulted in the development of the final project list.

Responding to concerns of Mrs. Williams, Mr. Taylor indicated that the reason Kent County had less funds for projects is due to the number of federally eligible roadways. As requested, Mr. Taylor stated that he would provide the number of federally eligible roadways that are located in Kent County at a later date. He explained that there are other issues involved in the qualifications of projects such as right-of-way issues, job impact, environmental review process, etc. He noted that there are a significant number of federal eligible roadways located in New Castle County.

With reference to the $7 million for paving and rehabilitation for Kent County, Mr. Ruane questioned if the list of projects has been developed and if any are located in the City of Dover. Responding, Mr. Taylor indicated that there were no roadways located in the City of Dover and that although there are federally eligible roadways located in the City, he explained that those particular roadways do not currently require repaving or rehabilitation.

In response to Mr. Ruane, Mr. Taylor indicated that consideration will be given to the inclusion of New Burton Road and indicated that any further suggestions are welcomed. With regards to the re-authorization, Mr. Ruane questioned the needs of the State of Delaware, and specifically, how Dover could have some projects funded. Responding, Mr. Taylor stated his willingness to work with any City committee; however, he explained that the previous re-authorization took 22 months to complete. Therefore, he noted that there will be a considerable amount of time involved and that there is an expectation for a decrease in the amount of funds that will be available. He suggested that in order to determine if there are projects in Kent County, members should continue dialogue regarding the important projects, and explained that the vehicle for this is through the Kent County MPO.

PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 2161 FORREST AVENUE, OWNED BY JIREH CHRISTIAN CENTER (DESTINY CHRISTIAN CHURCH)

A public hearing was duly advertised for this time and place to consider rezoning of property located at 2161 Forrest Avenue, consisting of 30+/- acres of a 42+/- acre parcel, owned by Jireh Christian Center (Destiny Christian Church). The property is currently zoned R-10 (One Family Residence) subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning for the 30+/- acres is RM-2 (Medium Density Residential) subject to the COZ-1.

Council President Hogan noted that the Planning Commission tabled this matter for 30 days during their meeting of February 17, 2009. As a result, during the Regular Council Meeting of March 9, 2009, Council approved staff’s recommendation that the Public Hearing before City Council be rescheduled for April 13, 2009 at 7:30 p.m.

Mr. Leary moved that the final reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. Slavin and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of January 26, 2009).

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). She advised members that the Planning Commission recommended approval of the rezoning request, acknowledging as part of this project, the Delaware Route 8 Concept Plan and Operation.

Responding to Mr. Ruane, Mrs. Townshend stated that there have been investments on the City’s part of infrastructure to support development of medium density. Mr. DePrima stated that the City has already invested in extending water to the area and that a plan is in place for extending wastewater to the area.

Public Hearing

Council President Hogan declared the hearing open.

Mr. Blair Rinnier, Rinnier Development Company, reviewed a presentation which included an overview of the proposed development for the property, as well as an executive summary (Exhibit #4). He requested approval of the rezoning request as recommended by the Planning Commission. Mr. Rinnier also explained the plans that will address the concerns relayed at the Planning Commission meeting.

Pastor Dale Mast, Frederica - representing Destiny Christian Church, visited the Marley Manor facility in Salisbury and felt that the operation would be a good offer for Dover.

Mr. Jeff Mast, 477 Lambert Drive - Magnolia, attends Destiny Christian Church and felt that the proposed facility would be an asset to Dover.

Mr. Arthur Queen, 219 East Evans Road - Viola, attends Destiny Christian Church and also visited the facility in Salisbury. He felt that the facility would provide an improvement to Dover and noted that construction of the facility would increase job opportunities.

At the request of the Dr. Michael Thomas, the City Clerk, Mrs. McDowell, read a letter from the Capital School District into the record (Exhibit #5).

There being no one else wishing to speak, Council President Hogan declared the hearing closed.

Responding to Mr. Ruane, Mrs. Townshend explained that the Route 8 Study indicates that there will be some expectation that the School District connect to the south side of the property. She noted that there are three (3) sub-streets that end at the school property and that the children that live in those developments should not be expected to get on a bus and drive out to Route 8, thereby contributing to the problem. She reiterated that the school district has had involvement with the Route 8 Study working group and that every discussion has included that there would be some south connection from the high school property to the properties to the south.

Referring to the executive summary provided by the applicant, Mr. Ruane questioned if Council were to accept the Planning Commission’s recommendation, should they be more specific regarding the Route 8 Plans and the applicant’s willingness to pay for certain improvements. Responding, Mrs. Townshend explained that there can not be conditions on a rezoning; however, reinforcing the Planning Commission’s recommendation would allow staff to require certain actions of the applicant.

In response to Council President Hogan, Mrs. Townshend explained that the location of any traffic signals would be determined during site plan approval.

Mr. Slavin moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Leary and by roll call vote of seven (7) yes, one (1) no (Council President Hogan), and one (1) absent (Mr. McGiffin), Council adopted the following ordinance:

PROPOSED ORDINANCE #2009-01

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A 30+/- ACRE PORTION OF A 42+/-ACRE PARCEL LOCATED AT 2161 FORREST AVENUE (DESTINY CHRISTIAN CHURCH).

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 R-10 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) to RM-2 (Medium Density Residential Zone) and subject to the COZ-1 (Corridor Overlay Zone).

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 R-10 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) to RM-2 (Medium Density Residential Zone) and subject to the COZ-1 (Corridor Overlay Zone) on a 30+/- acre portion of a 42+/- acre parcel located at 2161 Forrest Avenue, owned by Jireh Christian Center, Inc. (Rinnier Development Company - equitable owner).

ADOPTED:    APRIL 13, 2009

PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD (SHR 66), EAST OF STATE ROUTE 1, OWNED BY BAY VILLAGE OF DOVER, LLC

A public hearing was duly advertised for this time and place to consider rezoning of property located on the south side of White Oak Road (SHR 66), east of State Route 1, consisting of 79.16+/- acres, owned by Bay Village of Dover, LLC. The property is currently zoned A (Agricultural) and subject to the AEOZ (Airport Environs Overlay Zone) and SWPOZ (Source Water Protection Overlay Zone) and the requested zoning is RM-2 (Medium Density Residential) and subject to the AEOZ and SWPOZ.

Mr. Leary moved that the final reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of February 23, 2009).

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #6). The Planning Commission recommended that, to avoid any conflicts with coordinated activities later on, that Council defer approval of this application until the planning process on Garrison Oak is further along. Mrs. Townshend referred to the footnote provided in staff’s report, explaining that in accordance with the 2008 Comprehensive Plan, “the City shall ensure that the development of the Bay Village site proceeds as a master planned community with transit access and bicycle and pedestrian amenities both within the site and connecting with Garrison Oak and other areas to the west. Additionally, the City must ensure that the viability of Garrison Oak is protected by requiring that the phasing and design of development on the site minimizes any potential conflicts between the residential and industrial uses. Development of the Bay Village site should coincide with a master plan for Garrison Oak, and the design of Bay Village must include adequate buffering from the industrial area.”

Mrs. Townshend advised members that staff has issued an RFQ for a Civil Engineering Firm. The idea is to select a firm to work on a Master Plan for Garrison Oak in June 2009, and once it is completed, staff can begin working with the developer on the sites to ensure that the sites are planned in such a way that they complement each other rather than creating friction between the two uses.

Public Hearing

Council President Hogan declared the hearing open.

Mr. Gerry Records, 46 S. State Street - owner of G.M. Records, stated that as the representative for Bay Village of Dover, LLC, they concurred with the Planning Commission’s recommendation for deferral of the request until the July 13th meeting to allow for a coordinated effort in the planning process and development of the Garrison Tract, which is located directly across from the property.

Responding to Mr. DePrima, Mrs. Townshend stated that her understanding was that the Planning Commission’s action was to recommend that Council defer approval of the request; therefore, the matter would not be presented back to the Planning Commission for further consideration. However, she indicated that she would verify this action during the next commission meeting.

Mr. McGlumphy relayed concern regarding City Council assuming the Planning Commission’s responsibilities. It was his feeling that the matter should be reconsidered by the Planning Commission and that a more definite recommendation be forwarded to Council for their consideration.

Mr. Doug Drummond, 2110 White Oak Road, indicated his opposition to the proposed project and rezoning request. He expressed concern regarding the wetlands and the effect construction in the area would have on the water table. He questioned if there have been any impact studies conducted on the surrounding properties and if there are any limits on residential development on the properties.

Responding, Mrs. Townshend stated that the RM-2 is capped at 8 units per acre. In terms of impact studies, she stated that prior to it being presented to the Planning Commission and before construction, DelDOT would require a traffic impact study and the developers would be required to mitigate any traffic issues. With regards to concerns with wetlands, she indicated that the City has a woodland preservation ordinance and does not permit construction in wetlands, and that any concerns in this regard would be addressed during site plan review.

There being no one else wishing to speak, Council President Hogan declared the hearing closed.

At the request of Mr. Ruane, Mr. DePrima reminded members of the importance of the Garrison Tract as it relates to economic development and its consideration as a location for possible electric generation (solar farm) as well as the possibility of a gas fired power plant. Staff worked very hard in including language in the Comprehensive Plan in order to protect integrity of the land since it is key to the City’s economic development strategy. Mr. DePrima explained the importance of a coordinated approach in the development of these properties since there are issues regarding entrances, exits, buffering locations, views, etc. He further explained that once a rezoning is approved, the owner has the right to a site plan and there is very little discretion for the Planning Commission in this regard unless there are code violations. Without a master plan for the Garrison Tract, he indicated that there would be no comments that could be provided regarding the site plan for the adjacent property.

Responding to Mrs. Williams, Mr. DePrima anticipates six (6) to nine (9) months for completion of a master plan. However, he indicated that a status report could be provided to either members of Council or the Planning Commission in July.

Mr. Ruane moved for approval of the Planning Commission’s recommendation to defer approval of the rezoning request until the planning process on Garrison Oak is further along. The motion was seconded by Mr. Slavin.

Mr. Leary relayed concern regarding action to defer, explaining that it does not provide specifics and suggested the possibility of tabling the matter.

Responding to Mrs. Williams, Mrs. Townshend felt that the motion would not preclude her from verifying the intentions of the Planning Commission’s motion.

To allow for better clarification of the motion, Mr. Ruane suggested that his motion be withdrawn. There was no objections from seconder, Mr. Slavin.

Mr. Ruane moved to postpone approval of the rezoning request until the planning process on Garrison Oak is further along, as recommended by the Planning Commission, and receipt of a progress report from the City Manager and City Planner in regards to the Garrison Oak planning process. The motion was seconded by Mr. Slavin and carried by a roll call vote of six (6) yes, two (2) no (Mr. McGlumphy and Mr. Salters), and one (1) absent (Mr. McGiffin).

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 23, 2009

The Parks, Recreation, and Community Enhancement Committee met on March 23, 2009 with Chairwoman Russell presiding.

Community Development Block Grant (CDBG) Application Review

Mrs. Harvey, Community Development Manager, noted that members will be serving as the CDBG Review Panel for the Community Development Block Grant Applications for Fiscal Year 2009. As such, members were provided a list of applicants and staff report summarizing each application, CDBG interview schedule, federal resources available for use, total grant requests, scoring criteria for CDBG funding, and a CDBG Review Panel Scoring Sheet for each applicant. She requested each member, at the end of the review period, summarize their evaluation of each application on the Review Panel Worksheet based on needs determined from the oral presentations from each applicant and individual scoring of each applicant. She explained that the number in the parenthesis for each measure to be scored is the maximum score for a given category. The maximum total points is 100.

Mrs. Harvey advised members that the total grant available for activities is $224,439 and explained the allocation requirements of the grant, as follows:

            CDBG Funds Allocation                                                        $269,266

            Anticipated Program Income                                                  11,282

$280,548

            20% of the grant must be allocated for                                   $280,548

               Program Administration                                                        x .20

$ 56,109

            Public Service activities cannot exceed 15%                         $280,548

               of the grant                                                                            x .15

$ 42,082

            Total Grant Available for Activities                                       $224,439

ORAL PRESENTATIONS

Each applicant was provided an opportunity to make oral presentations before the committee, as follows:

GEM Properties - 217-219 West Reed Street - $8,650

Mr. David Pierson, Principal for GEM Properties, reviewed the grant application, in the amount of $8,650, and explained that the request is to replace the roof at 217-219 West Reed Street, which serves as a multi-family dwelling unit. It was his feeling that not only would this make an improvement to the property but also to the neighborhood. He noted that the property serves all low income residents.

Mrs. Horsey indicated her familiarity with the neighborhood and urged the applicants to use the gray colored metal roofing material to provide for its original colors and material.

Elizabeth W. Murphey School - $50,483

Mr. Michael Kopp, Executive Director of Elizabeth W. Murphey School, reviewed the grant application, in the amount of $50,483, and advised members that the request is for the replacement of 77 windows at the children’s cottages at Murphey School. He stated that the current windows are the original, single pane glass, since its construction in the 1920’s. Mr. Kopp indicated that the school recently upgraded their heating system and at that time was advised that a substantial amount of heat is lost through the windows. He advised members that each year, it costs the school an average of $55,000 to $60,000 for fuel for heating and explained that the window replacement project is significant for the school.

Members were reminded that the Murphey School is a non-profit group home that provides services to neglected and abused children as well as safe and affordable housing for hundreds of economically depressed children.

Whatcoat Social Service Agency - $15,000

Ms. Ruth Pugh, Executive Director of Whatcoat Social Service Agency, reviewed the grant application, in the amount of $15,000, and explained that the request is for the replacement of windows and doors on the Ruth N. Dorsey Shelter and siding for the educational building. She reminded members that Whatcoat Social Service Agency provides emergency assistance for the homeless in the form of a shelter, transitional housing, and crisis intervention.

Ms. Pugh advised members that the City of Dover Inspections Department has cited the agency for violations and is requiring the improvements. The City has been given additional time to complete the requirements in order to go through the CDBG grant process. She advised members that as of today, only an informal cost estimate has been obtained.

First State Resource Conservation & Development Council (RC&D) - $35,000

Ms. Christine L. Stillson, Housing Programs Director for the RC&D Emergency Home Repair Project, reviewed the grant application, in the amount of $35,000, and indicated that the request is to support the activities of the Emergency Home Repair Project for repairing an estimated six (6) to ten (10) homes in the City of Dover during the 2009/2010 fiscal year. She advised members that these funds will assist very low income homeowners in the elimination of severe housing conditions that constitute immediate health or safety hazards to the residents of the home, such as heating systems, roof replacements, hazardous electrical systems, and wheelchair ramps.

Having received CDBG Grant money in previous years, Ms. Stillson stated that the grants have provided qualifying home repairs to 29 homeowners within the City limits.

Tolano and Cathy Anderson, 301-305 W. Loockerman Street - $75,000

Mr. Tolano Anderson, Owner/Manager of 301 W. Loockerman Street, reviewed the grant application, in the amount of $75,000, and advised members that the request would allow for the continuation of the rehabilitation of residential housing at 301-305 W. Loockerman Street, consisting of three (3) units to be made available exclusively for low to moderate income population. He noted that the properties are located within the heart of the target area where the need for such rehabilitation activity is greatest and would have the most significant impact. Mr. Anderson stated that although last year much of the work was completed, there were additional requirements requested by the Fire Marshal and City Building Inspector.

Responding to Mrs. Russell, Mr. Anderson felt that a fence gate could be installed to provide a safer location for children to play outdoors.

Dover Housing Authority: Dover Community Partnership - $60,000

Ms. Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority/Dover Community Partnership (DCP), reviewed the grant application, in the amount of $60,000, and explained that the request is to be utilized in conjunction with its homeownership program, the Carper/City of Dover Homeownership Initiative, which has been in existence for approximately five (5) years. More specifically, she advised members that the grant money requested would be utilized for building 1-2 houses on two (2) vacant lots that have been purchased on the corner of Mary and West Streets. Ms. Sebastian-Hauer reminded members that the DCP, an entity created and managed by the Dover Housing Authority was established in collaboration with several housing and finance agencies, community organizations, and government entities for the purpose of promoting homeownership in the City of Dover, beginning with the downtown area.

In response to Mr. Ruane regarding staff’s concerns, Ms. Sebastian-Hauer explained that previous CDBG requests involved rehabilitation of homes and that this year’s request involves the building of new homes; therefore, she felt confident that any funds received will be spent within the one year timeframe. She also advised members that a lot of the preparation work has already been accomplished and that the contractor has indicated a 90-120 day projection for construction of the homes. She anticipates that construction would begin in the fall of 2009 and that settlement for the purchase of the property would occur approximately 120 days thereafter, between February and April 2010.

Dover Police Department - $25,000

Ms. Robin Adkins, Resources Manager, and Sgt. Al Rachko, Supervisor for the Special Enforcement Unit (Quality of Life, Community Policing, and Sex Offender Enforcement Unit), representing the Dover Police Department, reviewed the grant application, in the amount of $25,000. Ms. Adkins stated that the request would allow for the continuation of the Operation Downtown Program in the target area. She explained that since its inception in 1995, this program has had a significant impact on crime rates in the target area. Members were also advised that this program helps the department to provide better service to the residents of the area and foster more positive interaction between police officers and the local community.

Downtown Dover Partnership, Inc. - $42,000

Mr. Ed Perez, Coordinator of the Downtown Dover Partnership, Inc., (DDP), reviewed the grant application, in the amount of $42,000, and reminded members that the DDP is a department that was recently created within the City of Dover to serve the economic development needs of the City. He stated that the request would allow the DDP to administer an employment and education program for high school youths between the ages of 14-18 from low to moderate income families. The goal of the Program is to foster relationships between youth and the business community in the City while providing the youth the opportunity to gain job and personal development skills that will benefit them in the future. Mr. Perez advised members that the Program would support the DDP’s economic revitalization activities. The grant monies received would pay the youth (approximately 20) at minimum wage.

House of Pride - $43,000

Ms. Marian Harris, Executive Director/Founder of the House of Pride, and Mr. Randall Revay, were present to review the grant application, in the amount of $43,000, for the House of Pride. Mr. Revay explained that the request is for rehabilitation costs associated with 110 S. New Street, to consist of the installation of vinyl siding and structural repairs ($35,000) and a fire escape ($8,000). Members were reminded that the organization provides transitional housing for substance abuse and drug addicted individuals, community outreach, short-term and long-term emergency and transitional housing, and community beautification projects.

Homeownership Assistance Program (City of Dover Community Development Project) - $30,000

Mrs. Tracy Harvey, Community Development Director, reviewed the grant application, in the amount of $30,000, and indicated that the Homeownership Assistance Program funds would be used to provide three (3) first time home buyers down-payment or settlement assistance who purchase property in the City of Dover.

The committee recessed the meeting until March 24, 2009 at 11:00 a.m.

Meeting recessed at 1:05 p.m. and reconvened the meeting on March 24, 2009 at 11:04 a.m.

The Special Parks, Recreation, and Community Enhancement Committee Meeting of March 23, 2009, was reconvened on March 24, 2009 at 11:04 a.m. with Chairwoman Russell presiding. Members present were Mr. Ruane, Mrs. Horsey, and Mr. Lewis. Mr. McGlumphy was absent.

To avoid a possible conflict of interest (due to her affiliation with one of the grant applicants), Mrs. Russell relinquished the chair to Mr. Ruane and noted that she would not be a participant in the deliberations of the review and scoring of the grant applications.

Staff Clarification of Downtown Dover Partnership, Inc. Grant Application

Mr. DePrima explained that the grant application for the Downtown Dover Partnership for youth employment included jobs throughout the City and not just downtown. He stated that, after surveying City departments, there has been a great deal of interest in employing the youths in positions ranging from office work to field work and that these responses exceed the 20 positions included in the grant application. Mr. DePrima apologized for any confusion regarding the grant application.

REVIEW/SCORING OF CDBG GRANT APPLICATIONS

Members reviewed and discussed the various CDBG grant applications to develop a score for each applicant. Members were reminded that in accordance with the HUD regulations, public services activities cannot exceed 15% of the total grant, which amount to $42,082. It was noted that since the total request for public service activities totals $67,000 (Downtown Dover Partnership, Inc. - $42,000 and Dover Police Department - $25,000), it will be necessary to make reductions that total a minimum of $24,918.

Responding to Mr. Ruane, Mrs. Harvey indicated her concerns regarding the Dover Housing Authority’s ability to meet the required timeline due to State Historic Preservation Office (SHPO) review requirements, which could delay the process by an additional 60 to 90 days.

With regards to the Dover Police Department’s application, Mrs. Horsey suggested that funds may be available through the stimulus funding being provided to the Police Department. She felt that members of Council could stipulate that the hiring of an additional police officer be designated for the downtown area.

Concurring, Mr. Ruane stated that there may be other grant applicants that may qualify for stimulus funding being distributed by the federal government.

In reviewing the various applications, Mr. Ruane suggested that there be a caveat to the award of the grant, explaining that if it is determined that a program qualifies and receives funds from other sources (stimulus funding), then their grant will be reviewed for consideration of distribution to other CDBG grant applicants.

Each member conducted a review of each grant application and provided individual scores on the Review Panel Scoring Sheet for each applicant (as on file in the Office of the City Clerk).

After much discussion regarding the Public Service Grant Requests, members relayed support for both the Downtown Dover Partnership and Dover Police Department grant request. Mrs. Townshend reminded members that the Public Service cap cannot exceed $42,082. She advised members that the City would be receiving additional funds this year for this program and that an amended action plan could be submitted to designate a portion of the funds to the Police Department.

Upon completion of each member’s review of the grant applications, staff tallied the scoring sheets. Mr. Ruane noted that the grant applications involving rehabilitative activity were grouped separately for scoring purposes.

After much discussion, based on the scoring of the grant applications, it was noted that the committee supports the distribution of the CDBG grant monies, as follows:

                                                                                                         Amount              Amount

                          Applicant                                                              Requested         Recommended

             GEMS Properties 217-219 West Reed Street                     $ 8,650             $ 6,956

             Murphy School                                                                   $50,483             $50,483

             First State; Resource Conservation and

                Development Council (RC&D)                                        $35,000             $35,000

             Dover Housing Authority                                                   $60,000             $60,000

             Downtown Dover Partnership, Inc.                                    $42,000             $42,000

             City of Dover Community Development Project:

                Homeownership Assistance Program                               $30,000             $30,000

The committee recommended approval of the distribution of the CDBG grant monies based on the scoring of the grant applications conducted by the committee.

To avoid a possible conflict of interest (due to her affiliation with one of the grant applicants), Mrs. Russell indicated her request to remove this matter from consent agenda was to allow for her to abstain from voting on this issue.

Mr. McGlumphy moved for approval of the committee’s recommendation for approval of the distribution of the CDBG grant monies based on the scoring of the grant applications conducted by the committee. The motion was seconded by Mr. Leary.

Mrs. Townshend noted that, in addition to Mrs. Russell, there are several other members who should abstain from voting. As a reminder, she indicated that those members of Council who serve on the Dover Housing Authority or Downtown Dover Partnership should abstain.

Mr. Slavin noted that due to the absence of one member, there would an inadequate number of votes for this issue. He suggested the possibility of tabling the matter until all members of Council are present.

Mr. Slavin moved to table the matter. Due to the lack of a second, the motion failed.

Council President Hogan stated that since members will only be voting on the committee’s report and not an action, members of Council would be permitted to vote.

Mrs. Russell questioned why she would not be permitted to vote during the committee meeting if she would be permitted to vote at this time. Responding, Mrs. McDowell, City Clerk, explained that at this time, members of Council would be voting on the committee’s report only. After the 30-day comment period for the CDBG Program, then the matter will be presented back to Council as well as a Resolution approving the CDBG Program funds, at which time, any member with a conflict of interest would be required to abstain. At this time, she explained that members of Council are simply accepting the action that was taken by the committee during their meeting.

Mr. Ruane explained that a vote at this time, is not for approval of the list since the public hearing has not yet been held and that Council would have the opportunity to modify the list at their next meeting. He also clarified that the reason certain members are required to recuse themselves from voting is since they are considered applicants due to their membership on certain boards.

Mr. Ruane moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mrs. Russell and unanimously carried (Mr. McGiffin and Mr. Slavin absent).

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 23, 2009

The Legislative, Finance, and Administration Committee met on March 23, 2009 with Chairman Slavin presiding.

Agendas
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