REGULAR COUNCIL MEETING
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.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
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. 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).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 25, 2008
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:
Congratulations for an outstanding
2007-08 Football Season as MEAC Champs, American Sports Wire Division 1
Black College National Champions and first time appearance to the NCAA play-offs to
Delaware State University
Awarded this 10th day of March, in the year 2008
Congratulations and thank you for your dedication.
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:
Congratulations on an outstanding
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
Team of the Year Honors to Wesley College
Awarded this 10th day of March, 2008.
Congratulations and thank you for your dedication!
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
The City Clerk read the following Certificate of Recognition into the record:
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.
PROCLAMATIONS
The City Clerk read the following Proclamations into the record:
Women’s History Month
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
prevention; and
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.
Sunshine Week
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.
Purchasing Month
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.
PRESENTATION - GOVDEALS (PETER GREGG)
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. Koenig provided an estimated demolition cost of $10,000 to $15,000.
Council President Williams declared the public hearing open.
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.
Council President Williams declared the public hearing closed.
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).
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 #2).
Public Hearing
Council President Williams declared the hearing open.
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.
Council President Williams declared the hearing closed.
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.
ADOPTED: MARCH 10, 2008
UTILITY COMMITTEE REPORT - FEBRUARY 25, 2008
The Utility Committee met on February 25, 2008 with Chairman Ruane presiding.
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).
PACE/NAES Monthly Report (December)
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).
Maple Glen Development Concerns - Status Report
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.
The committee recommended acceptance of the status report provided 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).
Annexation Request - 1889 Kenton Road, Owned by Brian L. and William A. Bright
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 17th 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.
ADOPTED: MARCH 10, 2008
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).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 25, 2008
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.
The committee recommended approval of staff’s recommendation.
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).
Disposition of City Owned Land - Property Located at 101 Jefferson Court
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.
The committee recommended approval of staff’s recommendation.
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).
Status of Incentives for Downtown
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.
CDBG Program Guidelines and Update
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.
The committee recommended acceptance of the CDBG Program Guidelines and Update.
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).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 26, 2008
The Safety Advisory and Transportation Committee met on February 26, 2008 with Chairman Hogan presiding.
School Resource Officer Funding - Capital School District
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