REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 24, 2008 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Melson-Williams, 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 Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGiffin moved for approval of the agenda, seconded by Mrs. Williams and unanimously carried.
Mrs. Russell moved for approval of the Consent Agenda, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF NOVEMBER 3, 2008
The Minutes of the Council Workshop of November 3, 2008 were unanimously approved by motion of Mrs. Russell, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 10, 2008
The Minutes of the Regular Council Meeting of November 10, 2008 were unanimously approved by motion of Mrs. Russell, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
CERTIFICATE OF RECOGNITION - YOUNG STUDIO 55TH ANNIVERSARY
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, Ross and Lois Young founded Young Studio on August 10, 1953 and have made downtown Dover the home for Young Studio for the past 55 years; and
WHEREAS, Young Studio has been a reputable business enhancing the downtown area and providing service to many in our community; and
WHEREAS, Young Studio has continued serving the needs of the community by having excelled with the latest technology to meet the growing needs of those with traditional photography as well as digital photography needs.
WHEREAS, it is deemed an honor and a privilege to present this Certificate of Recognition to Young Studio. The City of Dover acknowledges the tremendous contribution the Young Family has made to our community and extends best wishes on all of your future endeavors.
Mayor Carey presented the Certificate to Mr. and Mrs. Young of Young Studio and commended them for the service provided to the community.
Mr. and Mrs. Young thanked the City of Dover for the recognition.
CERTIFICATE OF RECOGNITION - ERIC YOUNG 20TH ANNIVERSARY WITH YOUNG STUDIO
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF RECOGNITION
Presented to Eric Young
of
Young Studio
In recognition of your 20 years of service.
Congratulations and we thank you for your continued dedication to the family business.
Presented to you on November 24, 2008
Mayor Carey presented the Certificate to Mr. Eric Young of Young Studio and commended him for the service provided to the community.
Mr. Young thanked the City of Dover for the recognition.
UTILITY COMMITTEE REPORT - NOVEMBER 10, 2008
The Utility Committee met on November 10, 2008 with Chairman Ruane presiding. Mr. Ruane welcomed Major Richard Kosior as a member of the committee.
Electric Projects - Financing
Mrs. Mitchell, Controller/Treasurer, reviewed the Electric Projects Financing Presentation. She reminded members that during this past year, the City issued bonds in the amount of $22,200,000 to finance certain electric projects. She advised members that due to project estimating and a reduction in the estimated bond financing costs, there are excess bond proceeds. She reviewed the revised budgeted estimated project costs, revised bond financing costs, and the proposed use of the excess bond proceeds.
Mrs. Mitchell noted that the FY2009 Budget included a $3M transfer from the Future Capacity Reserve, which has been eliminated from the revised FY2009 Budget (for this presentation) since it is no longer necessary. She advised members that, although this transfer has been eliminated for this presentation, this revision will require Council approval and stated that a budget revision will be presented to Council for adoption.
Mrs. Mitchell confirmed that the Pollution Remediation Project is the result of the 1146 Regulation, which is a State mandate to reduce emissions (air quality).
Referring to the ineligible costs listed on the 2008 Bonds Proceeds table, Mrs. Mitchell explained that Council adopted a Resolution that would reimburse the City for any money spent prior to completing the bond issue; however, the Resolution only provided for the reimbursement of expenses 90 days prior to the adoption date of the Resolution. She stated that there were monies spent on projects prior to the 90 day window; therefore, the City was not eligible for reimbursement of these costs.
Mrs. Mitchell stated that these necessary funds were obtained from the Fund Balance for the Improvement and Extension Fund, which has been replenished. She explained that the original budget provided for an ending budget balance in the amount of $5,395,920; therefore, the $5M provided by the transfers from the Depreciation Reserve and Future Capacity Reserve is not necessary. Although staff is proposing to eliminate the $3M transfer from the Future Capacity Reserve, the $2M transfer from the Depreciation Reserve is being maintained to cover the excess that was necessary to cover the budget balance.
Referring to the Contingency for Bonded Projects listed on the 2008 Bond Proceeds table, Mrs. Mitchell advised members that there are three (3) options: 1) the City could pay back on the bonds and payoff some of the bonds; 2) the City could correlate pieces of the projects that are related and add them to the projects; or 3) a Resolution could be presented to Council for adoption that would add unrelated projects to the bond issue. Action regarding these options is pending receipt of bids for the projects.
Mrs. Mitchell stated that, for arbitrage reasons, the City is given three (3) years from the date of the issue to expend the bond monies. She assured members that staff is aware of the three (3) year time frame.
With regards to the options, Mrs. Mitchell stated that once the bids for the projects have been received and the amounts are final, she would like for a decision to be made prior to the end of December. She assured members that a recommendation will be forwarded to the committee for their review and recommendation to Council.
Mr. Ruane requested that Mrs. Mitchell provide a schedule for the presentation of issues involving the bond issue, as well as other items to be brought before the committee.
Being a new member of the committee, Mr. Ruane suggested that Major Kosior meet with Mrs. Mitchell regarding the various issues to be brought before the committee.
PACE/NAES Monthly Report (July, August, and September)
Members were provided the PACE/NAES Monthly Reports for July, August, and September 2008. 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. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions.
Responding to Mr. Ruane, Mrs. Mitchell stated that her only concern is in regards to the emissions sales. Referring to the September Report, she noted that the 2nd paragraph of page 3, under Emissions and Allowance Management, indicates that it has been reported that “this would result in an $844,000 unfavorable variance for the emissions allowance.” She advised members that there was a planned emissions last year that was not sold in the amount of $200,000; therefore, the total variance is actually $1,044,000. Mrs. Mitchell stated that the current plan is to hold the credits in hopes that the market will improve.
Mr. Ruane suggested that a presentation of the Greenhouse Gas Reduction Grant be made to members during their meeting in January 2009.
The committee recommended acceptance of the PACE/NAES Monthly Reports for July, August, and September 2008.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mrs. Russell moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 10, 2008
The Legislative, Finance, and Administration Committee met on November 10, 2008 with Chairman Slavin presiding.
City of Dover Identity Theft Prevention Policy
Mrs. Tieman, Senior City Administrator, reviewed a Presentation of the City of Dover Identity Theft Prevention Policy and explained that the Fair and Accurate Credit Transactions Act of 2003 (FACT Act of 2003) was passed to set standards for guarding customer information. It took effect January 1, 2008; however, entities covered by the rule had until November 1, 2008, to implement programs to comply with the rule. The rule requires creditors (which includes utilities or any entity that would process payments and establish ongoing accounts) to establish identity theft prevention programs for covered accounts.
Mrs. Tieman explained that the FACT Act requires the City to develop a privacy policy; identify red flags; perform a needs assessment; document choices for mitigation; use best practices for record disposal; document employee training; document employee screening; form a privacy committee; document procedures for handling a breach in security; document procedures for handling address discrepancies; document procedures for handling a customer’s request for information; document internal and external IT security procedures; document complaints; perform yearly assessments; and compile annual reports for internal purposes. As the City proceeds through these tasks, Mrs. Tieman indicated that the current policy may need to be revised. Staff recommended approval of the Identity Theft Prevention Policy.
Mrs. Tieman stated that the Federal Trade Commission (FTC) enforces the FACT Act and punitive fines are expected to represent the degree of negligence and total loss; therefore, the City must demonstrate “reasonable security” of our customer’s information. She stated that although many of the procedures are already followed by some departments, staff felt that such a policy should be applicable to all departments, explaining that if someone’s identity is stolen and there is not an adopted policy, the City could be held responsible.
Mrs. Tieman advised members that due to mis-communication, the FCC has granted an extension for enforcement of the FACT Act until May 1, 2009. She explained that the policy presented for the City of Dover consists of the policy adopted by DEMEC and that it is staff’s intention to revise the City’s policy to be more specific to the City of Dover.
The committee recommended acceptance of the draft City of Dover Identity Theft Prevention Policy.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Charter Review - Amended Scope
During the October 6, 2008 Council Workshop, members reviewed the City’s Strategic Objectives for Fiscal Year 2008-2009. During their discussion, Mr. Ruane had questioned if members felt that Charter Amendments should be included. Mr. Slavin explained the struggles that the Legislative, Finance, and Administration Committee has had with the Charter Review and suggested that it would be helpful if members provided the committee direction regarding specific issues they feel warrant review. It was recommended that the Legislative, Finance, and Administration Committee continue with the Charter Review with primary attention being focused on those recommendations contained in the IAAO Report and those recommendations necessary as a result of the Comprehensive Plan.
Mr. Slavin suggested a change in scope for the review of the City Charter that would review only those items brought by Council for consideration for the upcoming legislative year, to be conducted annually. Should members wish to proceed in this manner, he requested that all Council identify those items they wish to have considered to be placed on the committee’s agenda in January/February of each year.
The committee recommended approval of the amended scope for the Charter Review for members of Council to identify those items they wish to have considered to be placed on the committee’s agenda in January/February of each year.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Draft Comprehensive Annual Financial Report (CAFR)
Mrs. Mitchell, Controller/Treasurer, provided members a Draft of the City’s Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2008, which has also been provided to the City’s audit firm, Faw, Casson, & Company, LLC. She stated that the auditors have not had the opportunity to review the financial statements or any recommended changes. She indicated that the final CAFR should be available in January 2009 and suggested a Council Workshop to allow for a thorough review. Mr. Slavin requested that the civilian members of the Legislative, Finance, and Administration Committee be invited to attend the workshop session.
Mrs. Mitchell provided a broad overview of the CAFR and explanations to major highlights.
Mr. Ruane noted that staff had occasionally included benchmarked areas throughout the document; however, benchmarks have not been included in other areas such as property tax revenue, costs of public safety, etc. He encouraged additional comparisons of other governments to include both growth and comparisons. Responding, Mrs. Mitchell suggested that it would be more appropriate to include such information in the budget. She advised members that both the CAFR and Budget is a part of the Government Finance Officers Association (GFOA) Excellence Awards process. The GFOA provided the City with a set of guidelines to be utilized for each of these documents. She assured members that each document is formulated based on those guidelines and that staff typically does not deter from the guidelines. Mrs. Mitchell indicated that staff includes extra supplementary information that is not required for disclosure purposes and suggested the possibility of including such information with that section of the CAFR.
Mrs. Mitchell advised members that the Director of Planning and Inspections provided the information regarding the local economy section since her department is more familiar with this information.
Staff recommended acceptance of the Draft CAFR.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Power Supply Hedges - Letter of Credit
Mrs. Mitchell, Controller/Treasurer, reviewed a Presentation of Power Supply Hedges - Letter of Credit. She advised members that the EEI Master Agreement establishes the financial terms, including the posting of security, in the event that a contract’s value exceeds a certain amount. The purpose of the clause is to provide financial security to either party in the event that a contract is overly beneficial or detrimental to the parties in order to dissuade an intentional breach or default. The EEI Master Agreement form that the City has executed with counter-parties allows cash or a letter of credit as collateral.
Mrs. Mitchell stated that a Letter of Credit will result in the City paying legal and bank fees each time one is issued or renewed. When cash collateral is given, it is held by the counter-party that has demanded the financial security. Unless the parties specifically agree, it does not have to be held in a qualified institution or with a qualified custodian.
Mrs. Mitchell advised members that the City has requested PACE to discuss with our counter-parties whether or not it would be acceptable for the City to establish an escrow account using reserve funds that would be held at the City’s banking institution, rather than a Letter of Credit. PACE is exploring this with the counter-parties and Mr. Kirk Betts, and, together, they will draft the appropriate terms in the Collateral Annex to the EEI Master Agreement to permit the type of escrow account described as an alternative to the Letter of Credit. Mrs. Mitchell stated that the escrow account would be held in the counter-party’s name and the contractual rights to draw on the account will essentially be the same as the current EEI Master Agreement. The Collateral Annex establishes clearer processes for managing collateral.
Staff recommended that the City Manager be authorized to sign the Collateral Annex to the EEI Master Agreement to authorize the Controller/Treasurer to post cash collateral when required by the terms of the EEI Master Agreement in an interest bearing Escrow Account using Reserve Funds. To provide City Council with notification of execution of the Collateral Annex and establishment of Escrow Accounts and related balances.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mrs. Russell moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 10, 2008
A Special Parks, Recreation, and Community Enhancement Committee met on November 10, 2008 with Chairwoman Russell presiding.
Ordinance SS#2 to #2008-39 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 10 - Open Space, Recreation and Other Public Facilities, Subsection 10.5 - Exemption (Tabled during the October 15, 2008 Committee Meeting)
During their meeting of October 15, 2008, members tabled consideration of the proposed ordinance amending Appendix B - Zoning Ordinance, Article 5 - Supplementary Regulations, Section 10 - Open Space, Recreation and Other Public Facilities, Subsection 10.5 - Exemption, to allow for further discussion between developers and staff, with the understanding that this matter be brought back for consideration at the next committee meeting on October 27, 2008. Staff was requested to provide specific examples of the results of the proposed ordinance for various projects.
Mr. Ruane moved to lift the matter from the table, seconded by Mrs. Horsey and unanimously carried.
Mrs. Townshend, Director of Planning and Inspections, reviewed a memorandum explaining Staff’s Substitute Amendment #2 to Ordinance #2008-39, which would require a smaller amount of active recreation for smaller properties with a higher density. She reminded members that the original proposed ordinance would exempt residential development within the Downtown Redevelopment Target area from open space and active recreation requirements in exchange for aesthetic improvements such as public art and streetscape and that the amendment ordinance would address open space and active recreation requirements in the downtown area and beyond.
Mrs. Townshend assured members that staff has reworked the proposed changes to Active Recreation Area requirements for residential developments that are high density and small in land area, and for residential developments within the Downtown Dover Target Area defined in Appendix C - Downtown Redevelopment (see Ordinance #2008-41).
Mrs. Townshend reviewed a table of the active recreation area requirements, including the current requirements and proposed, and examples of specific projects and the effects of the proposed amendment.
The committee recommended adoption of SS#2 for Ordinance #2008-39 for First Reading by Council and the setting of a public hearing and its referral to the Planning Commission.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
Ordinance #2008-41 - Appendix C - Downtown Redevelopment, Article IV - Development Incentive (Tabled during the October 15, 2008 Committee Meeting)
During their meeting of October 15, 2008, members tabled consideration of the proposed ordinance amending Appendix C - Downtown Redevelopment, Article IV - Development Incentive, to allow for further discussion between developers and staff, with the understanding that this matter be brought back for consideration at the next committee meeting on October 27, 2008. Staff was requested to provide specific examples of the results of the proposed ordinance for various projects.
Mr. Ruane moved to lift the matter from the table, seconded by Mrs. Horsey and unanimously carried.
Mrs. Townshend advised members that the proposed ordinance #2008-41 amending Appendix C - Downtown Redevelopment, Article IV - Development Incentive, would allow for the waiver of the cash in lieu amount associated with the active recreation area requirement in the Zoning Ordinance for residential development. If an applicant were to request utilization of cash in lieu of recreation area construction, the amount could be waived within the Downtown Target area, and the applicant would pay ten percent (10%) of the value of this waiver to the Downtown Dover Partnership for open space improvements in the downtown.
Mrs. Horsey questioned what the incentive would be for a developer to provide active recreation if they have the option to apply for a waiver. Concurring, Mr. Lewis stated that developers have a requirement to fulfill in all other areas of the City and felt that the purpose of the ordinance would be to provide an investment to the City.
Responding to Mrs. Russell, Mrs. Townshend advised members that if the proposed ordinance were adopted, any waiver or downtown incentive applications would go to the City Manager for approval.
The committee recommended against adoption of ordinance #2008-41.
In addition to the concerns already expressed, Mr. Ruane explained his objection to allowing a single individual to have such authority and stated that he felt that it takes from the true spirit of the original purpose of the statutes.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation against adoption of proposed Ordinance No. 2008-41, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
Due to the absence of Mr. Koenig, Public Services Director, there was no updated provided for the Puncheon Run Watershed Action Team; however, Mr. Ruane requested that the committee be provided a pledge from Mr. Koenig that he convene the meeting that was promised to take place prior to the holidays. He stated that the residents of the neighborhood are anticipating such a meeting which has yet to occur.
Planning and Funding for New Library
Members were provided update information regarding the planning and funding for the new Library.
The committee recommended acceptance of the Planning and Funding for New Library Update.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Skate Park Committee
Members were provided update information regarding the Skate Park, which was reviewed by Mr. Dean Holden on behalf of the Skate Park Committee.
Mr. Ruane stated his support for a partnership with Kent County, explaining that there will be several users from outside the City limits. He questioned if private sector funding has been identified. Responding, Mr. Holden stated that once a site has been selected, and the City and/or Kent County agree to move forward with the project, additional funding sources will be sought. Although there has been informal contact with such organizations, he stated that they are reluctant to make any commitment until the City and/or Kent County has relayed their support.
In response to Mr. Lewis, Mr. Holden stated that one of the goals for the committee is to establish themselves as a non-profit organization.
With reference to the Capital Cleaners site, Mr. Ruane indicated his expectation that the committee’s report would include a preliminary discussion with DNREC that would indicate that such a park could be located on the site.
After much discussion regarding the proposed sites, Mr. Holden stated that he would provide members with an expanded list of all the sites reviewed by the committee and the pros and cons for their use as a skate park.
The committee recommended acceptance of the Skate Park Committee Update and commended the Chairman of this committee for their work.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
CDBG Program
Members were provided the Status of the FY2007 CDBG Program.
Mr. Ruane relayed his concern with the delay in the completion of 301 W. Loockerman Street and suggested that the City should institute a deadline. Responding to Mrs. Russell, Mrs. Townshend stated that she would provide a comprehensive update regarding the property at 301 W. Loockerman Street to include the trash dumpster issue and blockage of the exit.
Referring to Community Policing, Mr. Ruane requested that staff provide members a memo indicating their objectives, the grant amount, number of foot patrols, etc.
The committee recommended acceptance of the CDBG Program Update.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Neighborhood Stabilization Fund
Mrs. Townshend, Director of Planning and Inspections, advised members that after the City submitted their grant application to the State for the Neighborhood Stabilization Fund, she was advised that Kent County also submitted an application in the amount of $6.2M.
Mr. Ruane noted that after the committee’s meeting, he received an email from the State indicating that there was a change. Responding, Mrs. Townshend stated that the State requested the City to explain why the City has foreclosures and how the program presented would help prevent future foreclosures.
Mr. Ruane noted that based on a document prepared by Ms. Kleimo, there are several reasons for foreclosures, such as overpriced housing in our area and increasing unemployment. Although there are several factors, he was not sure which ones are peculiar to Dover and suggested that such information would be beneficial.
The committee recommended acceptance of the Neighborhood Stabilization Fund Update.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
John W. Pitts Recreation Center
Mrs. Russell relayed a request of seniors who would like for the John W. Pitts Recreation Center to open prior to 8:30 a.m. and suggested that it be opened at 7:00 a.m. for the purpose of utilizing the walkway. Responding, Mr. Carter stated that although staff supports the idea, there are staffing and funding issues.
Mr. Ruane noted that during the community meeting sponsored by the Human Relations Commission there was concern regarding the lack of public transit (bus stop) for the Pitts Recreation Center. He suggested that a letter be submitted by the City to the Transit Authority requesting that the existing route be modified to provide for a bus stop at the Pitts Recreation Center.
The committee recommended that the City submit a letter to the Transit Authority requesting that the existing route be modified to provide for a bus stop at the Pitts Recreation Center.
(City Clerk’s Office Note: Because this item was not on the agenda, it will be placed on the December 9, 2008 Parks, Recreation, and Community Enhancement Committee Agenda for discussion and official action.)
Mrs. Russell stated that although she does not object to providing transportation, her fear was that the concerns relayed during the community meeting involved residents having the ability of having children dropped off at the site, explaining that she is adamantly opposed to the City providing “babysitting” services.
2008 Comprehensive Plan Update
Mrs. Townshend, Director of Planning and Inspections, reviewed the update provided to members regarding the 2008 Comprehensive Plan. She advised members that the draft has been made public and posted on the City’s Website and that staff has submitted a response to the PLUS comments. Mrs. Townshend noted that the public hearing before the Planning Commission has been scheduled for Tuesday, December 2, 2008 at 7:00 p.m. and the public hearing before City Council has been scheduled for Monday, January 5, 2009 at 6:00 p.m.
Responding to Mr. Ruane, Mrs. Townshend stated that no further review has been planned for the committees. It was Mr. Ruane’s opinion that the committee’s should be provided the opportunity to make comments regarding the final draft. Mrs. Townshend stated that a presentation of the final draft could be made during the committee meetings in December 2008.
The committee recommended acceptance of the 2008 Comprehensive Plan Update.
By consent agenda, Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Slavin and unanimously carried.
By consent agenda, Mrs. Russell moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and unanimously carried.
EVALUATION OF BIDS - PROPERTY REASSESSMENT SERVICES
The City Assessor, Ms. Russell, reminded members that the purpose of this City-wide revaluation is to maintain value equity and uniformity in real property values in the City of Dover. This revaluation fulfills our obligation pursuant to Chapter 102, Section 102-1 of the City Code to have a reassessment conducted by a certified independent outside appraiser for 2010.
Section 102-1 states "Pursuant to section 47 of the Charter, commencing with the year 2010 and every ninth year thereafter, the annual reassessment shall be conducted by a certified independent outside appraiser chosen by the council. In all other years, and in accordance with section 47 of the Charter, the annual valuation and assessment shall be conducted by the city assessor."
A Request for Proposal was advertised and sent to three revaluation companies. Tyler Technologies is the only vendor who has responded. Tyler Technologies has helped conduct City-wide revaluations in the past and the Assessor's Office is currently utilizing software from Tyler Technologies.
The proposal by Tyler Technologies states that they will conduct a comprehensive revaluation; wherein they will visit every parcel within the City of Dover limits and verify our existing information. Any discrepancies or additions to our existing information will be documented and given to the data entry personnel for input into the CAMA Software. The Company will be responsible for all mailings (except Income and Expense Statements); data collection; data entry; revaluing parcels; digital photography; and informal appeals. They will also be available for formal appeals for two weeks. There will be approximately five (5) to ten (10) field representatives, two (2) appraisers; two (2) data entry personnel; and one (1) project manager, all employed by Tyler Technologies. Many of the office staff and field staff will be hired and trained locally.
The Assessor's Office Staff will be actively reviewing information and services conducted by Tyler Technologies to ensure quality, in addition to the field quality checks that will be conducted by group leaders from the Company. We will verify a percentage of all work that comes through from the data collectors.
A bi-weekly progress report will be supplied to the Assessor's Office from Tyler Technologies which will be provided to the Council via the Assessor's Office Monthly Report for review. At the conclusion of the revaluation, a Mass Appraisal Report summarizing the work performed will be provided to the Assessor's Office to complement supporting materials that were provided during the course of the project. This report will also be provided to City Council upon completion.
Hardware will need to be provided for the Tyler technologies office staff that will be hired to conduct the Revaluation. We will utilize some of the money budgeted for this project to purchase four (4) computers and one (1) printer capable of mass printing. Tyler Technologies will provide paper and ink for the mass mailings (except for the Income and Expense Statements).
Regardless of the fees earned by the Company, the City's payment obligation will not exceed $350,000.00 in the fiscal year ending June 30, 2009. Any and all fees earned that exceed $350,000.00 will be billed in the fiscal year beginning July 1, 2009.
The project will begin upon approval and completion is anticipated by Spring 2010.
Responding to Mr. Ruane, Ms. Russell stated that Tyler Technologies has a public relations employee who will be providing press releases, as well as communicating with the Dover Police Department to keep them informed of the neighborhoods they will be working in. She also noted that they would be advertising on the website and Dover TV, as well as sending mailers to residents.
Ms. Russell advised members that the City of Dover would be sending Income and Expense statements to all income producing properties. The statements will be entered and analyzed by Tyler Technologies. Ms. Russell also noted that they would analyze all sales and realign neighborhoods.
Responding to Mr. McGlumphy, Ms. Russell stated that residents could expect the new tax bill in 2010. Mr. Slavin noted that the reassessment assesses the value of the properties. If the values increase, the tax rate will have to decrease to match previous revenue.
Staff recommended awarding the Proposal for Revaluation Services to Tyler Technologies for the amount of $731,500, plus any additional overage fees, as follows:
If the parcel counts in the January 1, 2010 assessment roll exceeds 11,635, the City will pay the
company the following parcel overage fees:
Vacant Land $20.00/parcel
Residential Improved $40.00/parcel
Commercial Improved $125.00/parcel
Digital Imaging Services for each image in excess of 10,973 $2.00/ea
Mrs. Williams moved for approval of staff's recommendation to award the Proposal for Revaluation Services to Tyler Technologies for the amount of $731,500, plus additional overage fees as indicated. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - SPECIAL ELECTION TO FILL VACANCY - ROBBINS HOSE COMPANY - FIRST FIRE LINE CAPTAIN - BRIAN HOYT (TERM TO EXPIRE DECEMBER 31, 2008)
Fire Chief Carey advised members that he received a letter of resignation from First Fire Line Captain Joseph Simmons. In accordance with the City Code and the By-Laws of the Robbins Hose Company, nominations were held during the October 6, 2008 Regular Monthly Meeting and, during the Special Election of November 17, 2008, members of the Robbins Hose Company No. 1 elected Brian Hoyt to fill the First Fire Line Captain vacancy with a term to expire December 31, 2008.
By consent agenda, Mrs. Russell moved for acceptance of the Fire Line Captain for Robbins Hose Company No. 1, as submitted, with a term to expire December 31, 2008. The motion was seconded by Mr. Slavin and unanimously carried.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2009 FIRE LINE OFFICERS
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 17, 2008 Robbins Hose Company Election for consideration as follows:
Fire Chief - Paul Strochine (uncontested)
Deputy Fire Chief - Sean Christiansen (uncontested)
First Assistant Fire Chief - Glenn Whitt (uncontested)
Second Assistant Fire Chief - Cole Enright
Fourth Assistant Fire Chief - Derek Larson (uncontested)
First Fire Line Captain - David Knight
Second Fire Line Captain - Carl Troubetaris (uncontested)
By consent agenda, Mrs. Russell moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2009, as submitted, seconded by Mr. Slavin and carried by a unanimous roll call vote.
ROBBINS HOSE COMPANY - APPOINTMENT TO FILL VACANCY - THIRD ASSISTANT FIRE CHIEF - JASON OSIKA (TERM TO EXPIRE DECEMBER 31, 2009)
Fire Chief Carey advised members that, after the closing of the nominations for the 2008 election for fire line officers, the nominee for the Third Assistant Fire Chief withdrew his name from consideration. In accordance with the City Code and the By-Laws of the Robbins Hose Company, members of the Robbins Hose Company No. 1 elected, by the Secretary’s Ballot, Jason A. Osika to serve as Third Assistant Fire Chief for the Year 2009.
Mrs. Russell moved for acceptance of the Third Assistant Fire Chief for Robbins Hose Company No. 1 for the Year 2009, as submitted, by consent agenda. The motion was seconded by Mr. Slavin and unanimously carried.
REZONING REQUEST/FIRST READING - PROPERTY LOCATED AT 1002 AND 1008 SOUTH GOVERNORS AVENUE AND 210 AND 21