REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 14, 2008 at 7:30 p.m. with Council President Williams presiding. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Leary was absent.
Council staff members present were Police Chief Horvath, 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.
Mr. Richard Ornauer, 17 Mifflin Road, noted that there is an ordinance that prohibits the use of commercial vehicles as advertisement for establishments. He advised members that he recently observed several violations in this respect and requested that the City take the necessary action to enforce the ordinance.
Mrs. Rexene Ornauer, 17 Mifflin Road, relayed concern regarding the traffic situation on North Street resulting from the medical building. It was her feeling that adequate planning was not done to determine the manner in which vehicular traffic would travel through the intersection at North and West Street. She questioned if the City is taking action to resolve the problem that currently exists and if there are plans to resolve problems that will result as this property continues to be developed, noting that a childcare facility is planned where traffic will be entering and exiting during a time when traffic is excessive. Mrs. Ornauer requested that staff provide her the opportunity to review a copy of the traffic study that was accomplished before the permit was granted for Eden Hill.
Mr. James Bordley, 622 Crawford Avenue, advised members of the difficulty in exiting his development since the building of the new homes in front of Schoolview, as well as another development in the area. He questioned if there are any plans to install a traffic signal in this area and if the City would be willing to survey the traffic in an effort to resolve this problem.
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 Mrs. Russell and unanimously carried.
Council President Williams noted that item #9D(d-2), Proposed Zoning Text Amendments to Subsection 1.10 - Portable Storage Units of the Parks, Recreation, and Community Enhancement Committee Report of December 11, 2007 should be included on the consent agenda.
Mr. McGlumphy requested that item #12B(b-4), Waiver Request of Land Subdivision Regulations - Blue Hen Apartments of the Special Safety Advisory and Transportation Committee Report of December 13, 2007, be removed from the consent agenda.
Mr. Slavin moved for approval of the consent agenda as amended, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 10, 2007
The Minutes of the Regular Council Meeting of December 10, 2007 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Hogan and bore the written approval of Mayor Carey.
PRESENTATION - CERTIFICATE OF APPRECIATION AND CONGRATULATIONS - RONALD L. SHORT, SR.
The City Clerk read the following Certificate of Appreciation and Congratulations into the record:
MAYOR AND COUNCIL
Be It Hereby Known To All That
The Mayor and Council Commend
RONALD L. SHORT, SR.
for Dedicated Service to the City of Dover
August 1989 - January 2008
18 Years of Service
The Mayor and Council Extend Sincere
Appreciation and Congratulations
Mayor Carey presented the Certificate to Mr. Ronald Short. Mr. Short thanked the City for providing him the opportunity to work for the City and relayed special appreciation to the Police Department, City Clerk’s Office, and Public Works Department for their assistance during his years of employment.
PRESENTATION - WAL-MART POLICE GRANT
Chief Horvath advised members that Wal-Mart representatives were scheduled to present a grant to the Dover Police Department this evening, which would be for the purchase of taser holsters for detectives and, more importantly, for the purchase of bullet proof vests for Police K-9's. Chief Horvath stated that Wal-Mart has always been an avid supporter of the Dover Police Department and relayed appreciation for their efforts and the contributions continuously provide to the Dover Police Department.
PRESENTATION - MAYOR’S PRAYER BREAKFAST CONTRIBUTIONS - BOYS & GIRLS CLUB AND USO DELAWARE
Mayor Carey noted that each year, proceeds from the Mayor’s Prayer Breakfast are donated to an organization of the Mayor’s choice. Mayor Carey announced that the proceeds from the 2007 Mayor’s Prayer Breakfast will benefit both the Boys & Girls Club and USO Delaware. He presented both organizations with a check, in the amount of $500, as follows: 1) Ms. Joan Cote for the USO Delaware; and 2) Mr. Tingle for the Boy’s & Girls Club.
PRESENTATION - CERTIFICATE OF RECOGNITION - DOVER FIRE DEPARTMENT - 125TH ANNIVERSARY
On behalf of the Mayor and Council, Mayor Carey presented a Certificate of Recognition to Fire Chief Carey and Dover Fire Department President, Mr. Timothy Mullaney, in recognition of 125 years of dedicated voluntary service by the Dover Fire Department in protecting the lives and property of the citizens of the City of Dover from the devastating effects of fire. Mayor Carey noted the millions of dollars saved as a result of the volunteers of the Dover Fire Department and requested that the citizens of Dover continue to support their volunteer fire department.
Chief Carey relayed his appreciation for the recognition and continued support of the Mayor, Council, and citizens of the City of Dover.
PRESENTATION - CIVIC CENTER FEASIBILITY ANALYSIS COMMITTEE - REPORT OF ANALYSIS AND RECOMMENDATIONS
Members were provided the Final Report of Analysis and Recommendations of the Civic Center Feasibility Analysis Committee for the Dover Civic Center Facility, dated December 15, 2007. Mr. Phil McGinnis, Chair of the Civic Center Feasibility Analysis Committee, provided the following replacement pages: 1) pages 8 and 9 of the Final Report; 2) Exhibit G; and 3) page 10 of the presentation pages following Exhibit H. He introduced those members of the committee that were present during the meeting. Mr. McGinnis gave a detailed presentation of the Final Report of the Committee (Exhibit #1). He noted that the committee felt that the 2.9% Kent Tax Increase provided in the Johnson Report must have been a misprint and wanted to bring this to their attention so that residents were not misled.
Mr. Ruane referred to the Brookings Institute Study dated January 2005, which was provided to members and questioned if the committee considered the opportunity costs of not investing the money in other public goods (i.e. by committing funds for a Civic Center, what other choices would be eliminated). Responding, Mr. McGinnis stated that such consideration was beyond the scope of the committee’s charge, which was to review the feasibility of the Civic Center and to make recommendations on how to repay the City’s fair share contribution. Mr. Ruane noted that, in addition to those reported, such as the removal of electric lines, reserves, etc., there are other missing costs. Mr. McGinnis also advised members that the total estimated cost of $61M was reduced from $75M as a result of the redesign of the proposed Civic Center. He stated that the $61M estimate would remain if construction were to begin within the next 12 months and completed within the next 24 to 30 months.
In response to Mr. Slavin, Mr. DePrima stated that the Civic Center Corporation has obtained quotes from qualified appraisers to conduct the appraisal for the 40 acres of land contributed by the City; however, since the quotes to conduct the appraisal were costly, they have not taken any action to conduct the appraisal. Mr. Slavin relayed his frustration that when the Civic Center Corporation initially approached the City, there was an indication that if the land were donated by the City, this would be all that the Corporation would ask of the City. He also relayed frustration that there is no information regarding the value of the 40 acres when donated, what the land has appreciated to, and they are now being requested to make a monetary contribution, in addition to the land donation.
Mr. Salters relayed his recollection that the value of the 40 acres of land donated by the City was estimated at $2M when donated approximately 10 years ago.
Mr. Hogan moved for acceptance of the Final Report of Analysis and Recommendations of the Civic Center Feasibility Analysis Committee, seconded by Mr. Salters and unanimously carried.
CERTIFICATES OF APPRECIATION - CIVIC CENTER FEASIBILITY ANALYSIS COMMITTEE
The City Clerk read the following Certificate of Appreciation into the record:
WHEREAS, the Civic Center Feasibility Analysis Committee was created by the Mayor and Council during their Annual Meeting of May 14, 2007; and
WHEREAS, the initial scope of the Committee was to study the issue of the City's support of the Delaware Civic Center by completing a financial analysis of the capital operational debt service issues related to the Civic Center; and
WHEREAS, members of the Civic Center Feasibility Analysis Committee have worked diligently in researching the issues involved in order to develop a recommendation that is objective and has been thoroughly considered; and
WHEREAS, as a result of their efforts, the Civic Center Feasibility Analysis Committee submitted their Final Report and Recommendations to City Council on January 14, 2008, and thus, is hereby dissolved with gratitude to all members for their time and attention to this matter. It is deemed an honor and privilege to present this
Certificate of Appreciation to
Philip J. McGinnis, Chairman Michael Gast Gerry Records
Michael J. Ambruso, Sr. Timothy Horne Victor Schimp
Scott Brown Linda Parkowski
CITY OF DOVER
CIVIC CENTER FEASIBILITY ANALYSIS COMMITTEE
Best Wishes on all Future Endeavors from the City of Dover
January 2008
On behalf of the Mayor and Council, Council President Williams presented members of the Civic Center Feasibility Analysis Committee with a Certificate of Appreciation and relayed appreciation for their time and efforts. It was noted that as a result of the receipt of their final report, the committee was dissolved.
PROPOSED RESOLUTION - EDWIN L. SAPP
The City Clerk read a proposed Resolution expressing regret for the loss of Mr. Edwin L. Sapp and extending their deepest sympathy to members of his family.
By motion of Mr. Salters, seconded by Mr. Hogan, Council, by a unanimous roll call vote (Mr. Leary absent), adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of Edwin Lee Sapp, a City of Dover retiree, who passed away on December 31, 2007; and
WHEREAS, Edwin Lee Sapp faithfully served the City of Dover in the Library and Parks and Recreation Department from 1978 until 1996; and
WHEREAS, Edwin Lee Sapp has been a member of the Robbins Hose Volunteer Fire Company, Dover’s Fire Department, since 1961; and
WHEREAS, Edwin Lee Sapp will be deeply missed by his friends and fellow employees of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their regret for the loss of Edwin Lee Sapp and extend their deepest sympathy to members of his family and hope that they will be consoled by the memories of his fine life and achievements.
2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent records of the City of Dover in recognition of the faithful and loyal service of Edwin Lee Sapp.
ADOPTED: JANUARY 14, 2008
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE WEST SIDE OF NORTH DUPONT HIGHWAY (ROUTE 13) AT THE SOUTHWEST CORNER OF THE INTERSECTION WITH COLLEGE ROAD, OWNED BY THE STATE OF DELAWARE (DELAWARE STATE UNIVERSITY)
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of North DuPont Highway (Route 13) at the southwest corner of the intersection with College Road, consisting of 17.84+/- acres of a larger parcel, owned by the State of Delaware (Delaware State University). The property is currently zoned IO (Institutional and Office) and the proposed zoning is SC-2 (Community Shopping Center).
Mr. Salters moved that the final reading of the proposed rezoning 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 November 13, 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). The Planning Commission recommended approval of the rezoning application.
Responding to Mr. Ruane, Mrs. Townshend stated that there are properties owned by the State and other levels of government that have different zoning classifications. She explained that although most properties owned by Delaware State University have a zoning classification of IO, there are no requirements for this zoning classification.
Public Hearing
Council President Williams declared the hearing open.
Mr. Greg Moore, representing Delaware State University, stated that he is available for any questions and advised members that the University has reviewed the legal nature of leasing parcels on this site to national vendors and have determined that this practice does meet their Charter and is lawful. He advised members that it is a common practice throughout the United States for colleges to seek national vendors in their facility.
Responding to Mr. Ruane, Mr. Moore confirmed that the University plans to obtain long-term leases to national retailers in an attempt to maximize economic benefit to the University for making improvements to their campus. Mr. Ruane relayed concern with allowing a shopping center use on property owned by the State and his disagreement with the substantiation of the shopping center need, as it will compete with existing and proposed shopping centers in the area.
There being no one else wishing to speak, 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 roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Mr. Leary), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PORTION OF PROPERTY LOCATED ON THE WEST SIDE OF NORTH DUPONT HIGHWAY (ROUTE 13) AT THE SOUTHWEST CORNER OF THE INTERSECTION WITH 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 IO (Institutional and Office) to SC-2 (Community Shopping Center)
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 IO (Institutional and Office) to SC-2 (Community Shopping Center) on a 17.84 +/- acre portion of that property located on the west side of North DuPont Highway (Route 13) at the southwest corner of the intersection with College Road, owned by the State of Delaware (Delaware State University).
ADOPTED: JANUARY 14, 2008
SPECIAL UTILITY COMMITTEE REPORT - DECEMBER 3, 2007
The Utility Committee met on December 3, 2007, with Chairman Ruane presiding.
Presentation - I & I (Inflow and Infiltration) Removal
Mr. Koenig, Director of Public Services, and Mrs. Duca, Assistant City Engineer of the Public Utilities Department, gave a presentation on the Sanitary Sewer Inflow and Infiltration (I & I). Members were advised that inflow and infiltration may be the result of cracked mains, storm sewer connections, cracked manholes, faulty manhole covers, roof drain connections from private properties, sump pump connections, broken laterals, etc. Mrs. Duca reminded members that an I & I Study was performed in fiscal years 2006 and 2007. As a result of the video inspection conducted, Mr. Koenig advised members of the various repairs that were identified. He also reviewed the results of the smoke testing that was conducted. In regards to the private property issue, he noted that there were actually 13 properties (rather than 21 as indicated in the presentation), identified through property maintenance inspections. Mr. Koenig advised members that the City has worked with the owners in removing the root drains from the sanitary sewer system. In reviewing this information, staff developed and reviewed future actions necessary for both the Public Utilities and the Public Services Departments.
Mr. Koenig explained that Kent County has authorized Impact Fee Credits for removal of inflow and infiltration ($1,430 / E.D.U.), which is a one time credit per removal. Staff recommended that the credit received by the City from Kent County for the removal of private property connections be passed on to the property owner.
In response to Mr. Ruane, Mr. DePrima expressed the importance of approaching property owners who are in violation in a customer service manner; therefore, to fix the problem, staff is recommending a cost incentive for property owners.
Responding to Mr. Salters, Mr. Koenig advised members that it is no longer standard practice to tie roof or area drains into the sanitary sewer system. Although there may not be a substantial amount of money saved by the City for providing a credit to customers, Mr. Koenig stated that the administrative burden of unhappy customers far outweigh the costs of the reimbursement proposed. He explained that the “dollars and cents” on paper is very small in the amount of time it takes to resolve some of these types of issues. He also explained that the City will continue to reap the benefits from the removal of the inflow and infiltration from the system year after year.
Mayor Carey requested that the procedure for the credit provided to the customer be worded so it specifies that only the amount of expense would be reimbursed up to a maximum amount. Responding, Mr. Koenig expressed concern that people value their time differently and that it is difficult for staff to value someone’s time. The manner in which staff has proposed to calculate the credit is purely based on the area of removal, which is very defensible. If a customer spends more than the calculated credit, the customer will have an understanding of the amount that will be credited and if their costs are less, then they will have benefitted.
The committee recommended approval of the impact fee credit proposal, as recommended by staff.
Mr. DePrima indicated that affected residents will be contacted and advised of a public meeting in order for staff to give this same presentation. He requested anyone with suggestions for improving the presentation to contact him after the meeting.
By consent agenda, Mr. Slavin moved for acceptance of the committee’s recommendation for approval of the impact fee credit proposal, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Proposed Ordinance - Chapter 110 - Utilities, Article III - Water Service, Division 7 - Water Impact Fees
Members considered a proposed ordinance that would establish water impact fees by creating Division 7 - Water Impact Fees in Chapter 110 - Utilities, Article III - Water Service, in the Dover Code. Mrs. Tieman, Senior City Administrator, reviewed a presentation on the water impact fee proposal, explaining that the impact fees would offer an efficient way to pay for infrastructure and ensure benefits to those who pay them. Without instituting impact fees, the City may not have the revenue necessary to support or sustain growth. She reminded members that the development of the water impact fee was based on projects taken from the City’s Water Master Plan prepared by Whitman, Requardt and Associates and the six-year Capital Investments Plan (CIP) for Fiscal Years 2008-2013.
Mrs. Tieman indicated that the premise of the water impact fee is to establish equitable distribution of the costs associated with the City’s water system expansion related to growth. The City has had a sewer impact fee for 20 years. Recently, the Public Service Commission authorized Tidewater Utilities and Artesian Water to implement water impact fees. Mrs. Tieman stated that the proposed water impact fee ordinance would ensure that the cost of such expansion is proportionately borne by those who receive the benefits of the water system expansion.
Mrs. Tieman advised members that over the next six (6) years, the City’s capital plans include $25.5 million in projects and that $7.5 million is for expansion of our system due to growth. Members were provided detailed information regarding the proposed capital projects for the next six (6) years. If the City continues to subsidize growth the way they have in the past, the existing rate payers will be burdened with funding the $7.5 million for these projects. She stated that this increase would be in addition to any increases needed to maintain and improve the existing water system and its infrastructure and that the six-year plan proposes spending $18 million for improvements to the existing infrastructure.
Mrs. Tieman stated that the impact fee proposed in the ordinance was calculated by dividing the expanded capacity from capital projects, which is $1,900 per equivalent dwelling unit. The implementation of this fee is projected to generate approximately $665,000 per year, which was based on the revenue from the sewer impact fee charges (350 equivalent dwelling units). The total amount collected in each fiscal year should be equal to or greater than the funds that are necessary to cover the water expansion portion of all capital projects. She explained that all funds collected in excess of this amount are to be transferred to the Water Impact Fee Reserve Fund. All impact fees are proposed to be collected upon application for Certificate of Occupancy by the Planning and Inspections Department. Those entities with existing building permits or contracts of sale dated prior to February 1, 2008 would not be subject to the impact fees.
Staff recommended approval of the proposed Water Impact Fee Ordinance as submitted and that the Water Impact Fee be set at $1,900 per equivalent dwelling unit effective February 1, 2008.
Members were advised that on November 1, 2007, an informational meeting was held to present the proposed impact fees and that local builders, realtors, developers, the Central Delaware Economic Development Council, the Delaware Association of Realtors, the Delaware Home Builders Association, and the Chamber of Commerce were invited to attend. Those in attendance were requested to submit their comments, which were provided to members for their review. Mrs. Tieman noted that although several of the comments received reflect an understanding of the purpose and need for a water impact fee, it was suggested that the fees be phased in over time. Should City Council wish to phase in the fees, it was recommended that the Capital Projects plan be adjusted from a six-year implementation to an eight-year implementation plan and increase the final fee by $200. By doing this, staff felt that the fees could be phased in as follows: February 1, 2008 - $700 per EDU; February 1, 2009 - $1,400 per EDU; and February 1, 2010 - $2,100 per EDU. The $200 added in the third year would, within ten years, recoup the loss from the lower fees in the first two (2) years.
The committee recommended approval of the phase in schedule for the water impact fees, as presented by staff.
By consent agenda, Mr. Slavin moved for acceptance of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Responding to Mr. Ruane, Mr. DePrima stated that the proposed ordinance will be revised to include the recommendations of the committee, such as the phase in schedule, prior to its consideration by Council.
Mrs. Tieman indicated that some of the other comments received on the implementation of Water Impact Fees referred to grandfathering issues. Staff recommended that sites meeting the following criteria be exempt from Water Impacts Fees upon enactment: 1) all sites issued a building permit as of the effective date; and 2) all sites which can produce proof of contract with the end user of the proposed facility executed as of the effective date. These exemptions would apply to all forms of development including residential, commercial, institutional and industrial.
The committee recommended that the water impact fee be effective February 1, 2008 and that the fee not be imposed upon sites for which a building permit was issued before the effective date or for sites for which the owner has produced proof of contract with an end user of the proposed facility as of the effective date.
By consent agenda, Mr. Slavin moved for acceptance of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Mrs. Tieman noted that a sliding scale was also mentioned. This would change the charge per EDU based on the type of structure being built - a townhouse would be differentiated from a single family dwelling, etc. This concept would need to be discussed further and examined with Kent County since the City’s impact fees (both sewer and proposed water) are calculated based on Kent County’s formula. No further action was taken by the committee with regards to the sliding scale issue.
The committee recommended adoption of the proposed ordinance, as amended, that would establish water impact fees by creating Division 7 - Water Impact Fees in Chapter 110 - Utilities, Article III - Water Service, of the Dover Code.
By consent agenda, Mr. Slavin moved for acceptance of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent). (The First Reading of the ordinance will take place during the latter part of the meeting).
Dark Fiber Lease Policy
Members were advised that the City owns and operates a fiber optic loop around the perimeter of the City. This loop is used as part of the electric transmission protection system, two-way radio communications system, and data/telephone transmission for utility facilities. Mr. Lunt, Public Utilities Director, advised members that within this fiber network, there are spare fibers that are not utilized or planned to be utilized in the near future. Bayhealth Medical Center approached the City with a request to install their own fiber optic lines on the City’s utility poles or lease dark fiber from the City. In considering this request, staff felt that it would be mutually beneficial to lease the current assets rather than install new facilities. As a result, staff developed the Dark Fiber Leasing Standard Operating Policy to govern this arrangement. He advised members that this policy was reviewed by Bayhealth and they concur that it is fair and acceptable.
Mr. Lunt advised members that the policy would be the governing document regarding the operation, ownership, and pricing for this service. He noted that the policy includes the following: 1) requires a five (5) or 10 year lease with annual escalation fees; 2) new extensions require a total cost recovery and include a 5% annual maintenance fee plus an 8.5% rate of return; 3) existing fiber lease is $0.0009541/fiber strand/foot/month which includes the 5% maintenance fee and an 8.5% rate of return; 4) includes an annual cost of living escalation fee; 5) includes a $200 engineering fee per splice location to recover expenses related to fiber documentation and design; 6) electric service restoration is a priority over fiber restoration; and 7) the City does not guarantee service and will not be liable for any interruption of service.
Staff recommended approval of the Dark Fiber Leasing Standard Operating Policy.
In response to concerns of Mr. Ruane, Mr. DePrima assured members that staff would request a legal review of the policy prior to this matter being presented to Council for consideration.
The committee recommended approval of staff’s recommendation, with the understanding that the policy will be legally reviewed prior to its consideration by Council. (City Clerk’s Office Note: The policy was reviewed by City Solicitor Rodriguez and it was his opinion that the policy was well written and; therefore, no changes were recommended.)
By consent agenda, Mr. Slavin moved for acceptance of the committee’s recommendation for approval of the Dark Fiber Leasing Standard Operating Policy (Exhibit #3), seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
PACE/NAES Monthly Report (September and October)
Mr. DePrima provided the PACE/NAES Monthly Reports for September and October 2007. He reminded members that the reports are being provided to give members the opportunity to monitor what is being sold in electric and the revenues received, which will allow members to have a better understanding of any fluctuations and make improvements if deemed necessary. It is not his intent to make a presentation of the report; however, he welcomed any questions.
Responding to Mr. Ruane with regards to the City’s plan to comply with Delaware Regulation 1146, Mr. DePrima stated that in June, DNREC accepted the City’s plan to comply with Delaware Regulation 1146 and that there is an agreement for this to occur by a specific date. As a result of recent meetings with Mr. Blaha, NAES Division Director, Mr. DePrima stated that although they continue to make strides to make the deadline, it was agreed that once it is felt that the City may not meet the deadline, they would approach DNREC. It was his feeling that as long as the City is showing due diligence and making a good effort to locate engineering firms to meet this requirement, DNREC will be reasonable in this regard.
By consent agenda, Mr. Slavin moved for acceptance of the Special Utility Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
TAX APPEALS COMMITTEE REPORT - DECEMBER 10, 2007
The Tax Appeals Committee met on December 10, 2007 with Chairman Ruane presiding.
Tax Appeals
Creekstone Properties
Location: 1198 S. Governors Avenue (ED-05-068.05-01-12.00)
Mr. Ruane advised members that the committee originally denied the appeal for Creekstone Properties due to the applicant not appearing before the committee; however, at the conclusion of the meeting, the City Assessor explained that the applicant was not given due process. Therefore, there is no recommendation being forwarded by the committee at this time.
Hertrich Capitol Auto Dealership
Location: 1127 S. DuPont Highway (ED-05-077.18-2-90.00)
Mr. Ruane advised members that there is no recommendation being forwarded at this time, and that this matter will be presented at a later date.
General Discussion - Dover Downs Inc.
Location: 1131 N. DuPont Highway (ED-05-057.00-1-32.00)
Mr. Capuano recommended that the cost approach be utilized versus the income approach, explaining that the cost approach would yield a higher value for this property at this time. If they use the cost approach, they will be using actual invoices by the contractor and should have all their contractor billings by the end of the year. Mr. Capuano recommended that the date be changed to January 29, 2008 due to the enormous amount of paper work involved. Mr. McGlynn stated that they were given an additional sixty (60) days from the date of the filing of the Appeal Form to produce an appraisal.
Mr. Capuano explained that although the cost approach will be utilized, it is necessary to value the land as well and that a certified appraisal will be necessary. He advised members of the difficulty for a taxpayer to obtain a qualified appraiser to value the land.
The committee recommended that the date for the Appraisal for Dover Downs, Inc. be extended to February 28, 2008.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Stipulations
Joseph S. McDaniel III
Location: 122 Bank Lane (ED-05-077.09-04-48.00)
The committee recommended to accept the stipulated values for 122 Bank Lane, owned by Joseph S. McDaniel III, as shown on attached spreadsheet.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Phoenix Properties
Location: 30 S. New Street (ED-05-076.08-05-68.00)
The committee recommended to accept the stipulated values for 30 S. New St., owned by Phoenix Properties, as shown on attached spreadsheet.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
New Hope Housing/New Street LP
Location: 130-134 S. New Street (ED-05-077.09-01-26.00)
The committee recommended to accept the stipulated value of 130-134 S. New St., owned by New Street LP, as shown on the attached spreadsheet.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President William declared the public hearing closed.
Mr. Ruane moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Leary absent).
Wild Meadows LLC
Location: 223 Units of Manufactured Housing Units (LC-05-058.18-02-01.00 and LC-05-058.14-01-01.00)
The committee recommended to accept the stipulated value of these two parcels, owned by Wild Meadows LLC, as shown on the attached spreadsheet.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President William declared the public hearing closed.
Mr. Ruane moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Leary absent).
Administrative
Investments Together LLC
Location: 1084 S. State Street (ED-05-077.17-07-19.00)
The committee recommended to accept the corrected value of this parcel, owned by Investments Together LLC, as shown on the spreadsheet provided.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Senior Citizen Request - Essie Durham
Location: 426 Court Street (ED-05-077.10-01-10.00)
The committee recommended to accept the senior citizen request of this parcel, owned by Essie Durham, as shown on the attached spreadsheet.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Mr. Hogan moved for acceptance of the Tax Appeals Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT - DECEMBER 10, 2007
The Utility Committee met on December 10, 2007 with Chairman Ruane presiding.
Draft Franchise Agreement – Verizon Delaware LLC
Mrs. Mitchell, Finance Director/Treasurer, advised members that in January 2007, the City received a request for a cable franchise from Verizon in order to offer FiOS TV services to the residents of Dover. A sub-committee was formed, consisting of Mr. Ruane, Mr. Carey, Mrs. Mitchell, Mr. Lunt, and Mr. DePrima to review the request. She advised members that the City obtained the services of Mr. Dan Cohen of Cohen Law Group to assist the City in negotiations with Verizon for the cable franchise. After several negotiation sessions and draft agreements, a final draft agreement has been developed that is felt to be fair and equitable to both the City and Verizon, and that will provide the citizens with an alternative provider.
Staff recommended that a Public Hearing be scheduled before the Utility Committee on January 2, 2008 and that this item to be placed on the January 14, 2008 Council agenda for consideration.
Referring to the 7th paragraph on page 1 of the draft agreement, Mr. Ruane stated that the major focus of this meeting is to provide public notice to our residents and to set a date for a public hearing. He also noted that any questions regarding the availability of the service should be directed to Mr. Al Karr, Service Manager for Verizon, by calling at 301-282-8339. Mr. Ruane also introduced Ms. Bonnie Metz, Vice-President of Government and State Affairs for Verizon.
Members relayed concern with the vagueness of Section 3.1.1 with regards to service availability. Mr. DePrima explained that Section 3.1.1.1 was a compromise supported by the sub-committee to assure deployment of the cable services in the franchise area. Mr. McGiffin requested that, in addition to the number of subscribers, the location of the subscribers should be provided by the Local Franchising Authority (LFA).
Responding to Mr. Cregar, Mr. Ruane stated that the sub-committee was very concerned that there would be recognition of the fact that they were interested in deployment throughout the City and were pleased that the entire City was included in the service area. He stated that members were looking for opportunities to review those areas of the City that would not be able to receive the service and be provided the reasons. It was his opinion that Section 3.1.1.1 would provide the City the opportunity to discuss any reservations or concerns and would allow members of Council to seek information regarding deployment of the service.
Elaborating, Mr. DePrima stated that Verizon provided a service area map that depicted the locations of areas that they were able to provide the service at this time and those areas that they were not. Deployment of the system has no relevance to any socioeconomic demographic information. It was his feeling that the areas of deployment is based on the current system, and its cost effectiveness for planning and deployment.
Mr. McGiffin stated that his inquiry was based on constituents requests and his ability to provide details on the expectations for the service.
With reference to Section 3.1.1, Mr. Hogan noted that the last sentence of Section 3.1.1, which references density requirements, should be corrected to reflect “Section 3.2" rather than “Section 3.1.1.1".
Mr. Hogan suggested that Appendix C, Section 4, Paragraph H also address those instances when only a few channels are lost.
Should members have any questions prior to the public hearing, Mr. Ruane suggested that they contact Mrs. Mitchell who would convey them to Mr. Cohen to obtain clarification. Mr. Ruane requested that any comments, questions, or concerns be submitted in written form, including specifics as to the paragraph of the Agreement, to the City Clerk’s Office to be considered by members during their public hearing. He stated that the committee would acknowledge receipt of the correspondence and provided assurance that they will be addressed at that time.
The committee recommended that a public hearing be scheduled before the Utility Committee on January 2, 2008 at 6:30 p.m. in the Council Chambers at City Hall for the purpose of reviewing the Franchise Agreement with Verizon Delaware LLC, as recommended by staff.
Mr. Ruane noted that the committee’s action after the public hearing would be submitted to City Council for consideration on January 14, 2007, at which time members of Council will have the opportunity to formally vote on the proposal.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent). City Clerk’s Office Note: The Special Utility Committee Report of January 2, 2008 was considered by Council during the latter part of this meeting.
By consent agenda, Mr. Slavin moved for acceptance of the Utility Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 10, 2007
The Legislative, Finance, and Administration Committee met on December 10, 2007 with Chairman Slavin presiding.
Review of 2005 Charter Review Committee Recommendations - Article II (Continued)
During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.
Mr. Slavin noted the receipt of additional information provided by Mrs. McDowell, City Clerk. Due to time constraints and there being no objections, Mr. Slavin stated that there will be no further discussion regarding the review of the 2005 Charter Review Committee recommendations during this meeting. At the request of Mr. Slavin, Mrs. McDowell explained the additional documents provided (as on file in the Office of the City Clerk), as follows: 1) Regular Council Minutes of February 9, 1987 and April 13, 1987 regarding the ordinance that amended the 6th paragraph of Section 5 which requires a member of Council to relinquish their seat in order to file to run for Mayor; and 2) a summary of actions by the committee to date.
City Clerk’s Office Note: Members will continue their review of the 2005 Charter Review Committee Recommendations at “Section 36 - Council not to Interfere with Appointments or Removals of Manager; Giving Orders to Subordinates of Manager Prohibited; Penalty for Same (Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, Model City Charter)” during their next meeting.
Position Change - Treasurer/Finance Director to Controller/Treasurer
During the Treasurer/Finance Director’s evaluation, members of City Council requested the Director to revise the Treasurer/Finance Director position description to include Controller responsibilities. The purpose of which is to emphasize the responsibility for providing support to the Legislative Branch of the City, similar to the State of Delaware.
Members were provided a position description for Controller/Treasurer. Mrs. Mitchell, Finance Director/Treasurer, explained that the position is titled Controller/Treasurer since the City Charter refers to Treasurer. Currently, the position is appointed by City Council as Treasurer/Finance Director. In developing the description, she advised members that research was conducted on other like positions using the internet, publications, as well as a comparison to similar high level positions for the City. The pay grade and salary range for this position is to be determined using the City’s position qualification factor software.
The committee recommended acceptance of the position change for the Treasurer/Finance Director to Controller/Treasurer and the position description.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Leary absent).
Proposed Ordinance - Downtown Incentive - Sewer Impact Fee Waiver - New Construction
During their meeting of April 23, 2007, members considered an amendment to Appendix C - Downtown Redevelopment, Article IV - Development Incentives, Section 2 - Multiple Story New Construction Projects of the Dover Code. Although the committee recommended adoption of the proposed ordinance amendment, during the Annual Council Meeting of May 14, 2007, City Council referred the proposed ordinance back to the Legislative, Finance, and Administration Committee to consider a substitute amendment, as well as the entire context in which the proposal is being made, particularly Section 3, which was not available to the committee when they considered the proposed amendment; as well as encouraging them to review not only the fiscal impact statement that they received since the meeting, but also, in larger context, a fiscal note that would take into account all of the incentive package and then determine how it fits into the context and then bring it back to the full Council.
Mrs. Townshend, Director of Planning and Inspections, reminded members that the City of Dover has been working on strategies and incentives to help revitalize the downtown area. The Downtown Dover Development Corporation formed a sub-committee to discuss a variety of incentives. The expansion of the impact fee waiver is one of several incentives discussed.
With regard to the proposed ordinance, Mrs. Townshend advised members that there were previous concerns regarding the effect of the amendment on projects that were currently in progress. She stated that the proposed ordinance amendment has been re-written to specify that those projects that have received Planning Commission approval on or before January 31, 2008 would fall under the current provisions. Any projects considered after January 31, 2008, would be eligible for a full impact fee waiver.
Mrs. Townshend reminded members that the current ordinance does not necessarily help with the preservation of historic buildings located in the Historic District which are in need of extreme repairs. She explained that these types of repairs are very costly. Therefore, staff felt that it would be beneficial to include, as an eligible project, renovations of existing buildings, in addition to the multi-story new construction projects. This will allow for a combination of residential, office, retail, and commercial uses. In addition, Mrs. Townshend stated that rather than waiving half of the impact fee, the entire City impact fee would be waived. It was staff’s feeling that this waiver would reduce the costs for bringing people downtown, allowing them to put these savings into the necessary building renovations.
Mr. Ruane recalled that it was the desire of members for staff to provide financial context, such as an accumulation of all the incentives currently available for a project, such as the Collegian, and what the amount would total.
Responding to Mr. Ruane’s concerns regarding the recent water impact fee ordinance considered by Council, Mrs. Townshend stated that since the current ordinance does not specify “sewer impact fee”, the waiver of the impact fee would expand to the water as well. Regarding the Collegian project, she stated that not all of the information would be available until the application is received since the cost of the building permit is related directly to the cost of construction. Mrs. Townshend noted that the value of some of the incentives is based on certain costs, such as the waiver for the building permit fee. The construction value of the Collegian is not known at this ti