REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 26, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Deputy Police Chief Taraila, Mrs. Mitchell, Mrs. Townshend, Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Speed.
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. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
Mr. McGlumphy requested that item #6E - FY08 Revenue Forecasting (Attachment #4 of the Committee Minutes), and items #7A - Budget Report, #7D - City Manager’s Report, and #7G - CIP Report, be removed from the Consent Agenda.
Mr. Salters moved for approval of the Consent Agenda, as amended, seconded by Mr. Carey and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 12, 2007
The Minutes of the Regular Council Meeting of March 12, 2007 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.
PROCLAMATION - PURCHASING MONTH
The City Clerk read the following Proclamation into the record:
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, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim March 2007 as
PURCHASING MONTH
in the City of Dover and urge all citizens to recognize the influence of purchasing power on our economy.
Mayor Speed presented the Proclamation to the City’s Contract and Procurement Manager, Mr. Pete Gregg, and the Delaware Public Purchasing Association President, Ms. Janet Schukoske.
PROCLAMATION - MILITARY RETIREE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the Military Retiree is an integral part of the Dover community and it is especially appropriate at this time to give special recognition to those who have served our country; and
WHEREAS, these outstanding citizens have devoted a major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, we gratefully acknowledge that we live in freedom today because of the many sacrifices that have been made by valiant servicemen and women; and
WHEREAS, these patriots of Dover and many other communities will gather at the Dover Air Force Base for the Annual Retiree Appreciation Day celebration.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Saturday, March 31, 2007
MILITARY RETIREE APPRECIATION DAY
in the City of Dover and urge all citizens to honor these brave and heroic members of our community.
Mayor Speed presented the Proclamation to Lt. Col. Kenneth Smith, Director of Retired Activities at Dover Air Force Base, acknowledging the contribution that the military retirees bring to our community.
Lt. Col. Smith relayed appreciation for the recognition and advised members that there are 2,100 military retirees (8,000 in the State) who have chosen to reside in the City of Dover. The oldest retiree in the area who retired in 1948 is 97 years old. Lt. Col. Smith advised members that there are 170 retirees who volunteer to work on the Base, contributing approximately 36,000 hours to base activities last year, who also are involved and volunteer in the community. He introduced Lt. Col. Ret. Gerald Foss, Volunteer of the Year, who also serves on the City of Dover Election Board. He again thanked the Mayor and Council for the Proclamation.
PROCLAMATION - FAIR HOUSING MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, fair housing issues are of concern to all citizens; and
WHEREAS, discrimination continues against minorities in several areas of housing, including lending practices, areas of ownership & restrictive covenants dealing with the sale of homes; and
WHEREAS, the members of Dover’s City Council have committed thousands of dollars in Community Block Grant Funds to support efforts to increase home ownership within the City of Dover; and
WHEREAS, many groups in Delaware remain committed to fair housing for all citizens, including the Delaware State Housing Authority, Delaware Housing Coalition, Housing Opportunities of Northern Delaware, and the Statewide Association of Tenants; and
WHEREAS, the City of Dover has partnered with other groups to facilitate and advance housing issues.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the Month of April 2007 as
FAIR HOUSING MONTH
in the City of Dover and commend this observance to all of our citizens.
PRESENTATION OF AWARDS BY MAIN STREET DOVER - ST. PATRICK’S DAY PARADE
Mr. Ed Perez, Main Street Director, Ms. Gigi Windley, Member of the Main Street Board of Directors, and Mayor Speed presented awards for the 14th Annual St. Patrick’s Day Parade, as follows:
Parade Grand Marshal Mike Sullivan
Category Recipient
Pot O’ Gold - Anything with Wheels Award 1st State Corvette Club
Blarney Award - Best Mascot South Dover Elementary PTA
Green Machine Aware - Best Float Eastern Shore Natural Gas
Aran Award - Best Animal Delaware Jeep Association (Dog Driving Jeep)
Harp Award - Best Musical Group Polytech High School Band
Shamrock Award - Most Authentic Irish Theme Tom Weyant, Kent County Registrar of Wills
Leprechaun Award - Best Brigade/Marching Unit 373rd Training Group - DAFB
Mary Fitzpatrick Award (Best Overall) Del Tech Terry Campus Hammerin Hawks
Mayor Speed noted special appreciation for the support from the event co-sponsors, Comcast and The World Famous Loockerman Exchange, and thanked all who participated in the event.
PRESENTATION - GREATER DOVER COMMITTEE - BRIEF SUMMARY OF FEBRUARY 15, 2007 PUBLIC FORUM
Mr. Gregg Moore, Greater Dover Committee, reminded members that on November 27, 2006, he made a presentation to City Council of the main components of the HyattPalma Study. At that time, he stated that there was discussion regarding a public forum being held and that on February 15, 2007, City staff and members of DDDC, Main Street, and Dover Parking Authority held a public forum. He assured members that several advertisements were issued, both in local newspapers, direct mail, flyers, etc., regarding the public forum and the event was very well attended.
Mr. Moore advised members that during all of the committee meetings, presentations, and fact finding processes for the creation of the study, there were many participants and a great amount of endorsement. He, along with Mr. Patterson (DDDC), Mr. Lakeman (Main Street Dover), Mr. Smith (Dover Parking Authority), Mrs. Townshend (City Planner), and Mr. DePrima (City Manager) made a brief presentation and were available for questions and comments. Mr. Moore stated that from the comments received, mostly from businesses, there was a common thread which was issues involving permitting. The HyattPalma Study recommends the creation of an office in the City’s Planning Department that would provide small business owners in the downtown Dover area with a resource for easily understandable information and to alleviate some of the difficulty they encounter with obtaining permits. He commended Mrs. Townshend for the work that has been done and is continuing to be done in this regard.
Mr. Moore advised members that details of the Study are being further examined, specifically regarding the partnership and some of the other recommendations. A meeting will be scheduled in April to discuss details, implementation, what needs to be done, etc. The committee will not be reporting back to Council until such details can be presented. Depending on this review, the next report could take up to one (1) year.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED ON THE SOUTH SIDE OF NORTH LITTLE CREEK ROAD, WEST OF ROUTE 1 (OWNED BY CHRISTOPHER J. AND REBECCA R. RAUBACHER)
An annexation referendum was held on March 15, 2007 for property located on the south side of North Little Creek Road, west of Route 1, owned by Christopher J. and Rebecca R. Raubacher.
Referendum Results
The City Clerk reported that the referendum was held with two (2) eligible voters. Two (2) votes were cast in favor of the annexation, with zero votes cast against annexation.
Mr. Slavin moved to accept the referendum results, seconded by Mr. Hogan and unanimously carried.
Annexation
By motion of Mr. Carey, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ED-00-068.20-01-13.00
All that certain piece, parcel, or tract of land with improvements hereon erected in East Dover Hundred, Kent County, State of Delaware, lying on the south side of North Little Creek Road, being bound on the west by lands of Rojan Meadows, L.L.C., on the north by North Little Creek Road, on the east in part by other lands of Christopher J. & Rebecca R. Raubacher and in part by lands of American Vending Property, L.L.C. and on the south by lands of American Vending Property, L.L.C. and as shown on a plan entitled "Annexation Plan - lands of Christopher J. Raubacher, et ux", prepared by Becker Morgan Group, Inc. dated January 5, 2007 and being more particularly described as follows to wit:
Beginning at a point along the southerly right-of-way of North Little Creek Road at a corner for this parcel and other lands of Christopher J. & Rebecca R. Raubacher, said point of beginning as measured from the intersection of North Little Creek Road and State Route 1 right-of-ways the following four courses and distances; North 85°12'46" West a distance of 1.20 feet to a point; thence curving to the right on a arc of a circle having a radius of 2,900.00 feet and a arc length of 102.14 feet, chord bearing of said arc being North 84°12'13" West a distance of 102.14 feet to a point, thence turning and running South 06°48'20" West, crossing over a found iron pipe at 1.61 feet, a total distance of 5.00 feet to a point; thence curving to the right on a arc of a circle having a radius of 2,904.90 feet and a arc length of 95.34 feet, chord bearing of said arc being North 82°15'15" West a distance of 95.34 feet to a point; thence turning and running from said point of beginning and with said other lands of Raubacher the following two courses and distances 1) South 05°42'51" West and distance of 233.09 feet to a point; thence turning and running 2) South 82°17'09" East a distance of 30.47 feet to a found iron pipe at a corner for this parcel and lands of American Vending Property, L.L.C.; thence turning and running with said lands of American Vending Property, L.L.C. the following three courses and distances 3) South 05°42'51" West a distance of 245.06 feet to a found concrete monument; thence turning and running 4) South 89°00'51" West a distance of 143.97 feet to a found iron pipe; thence turning and running 5) North 36°14'09" West a distance of 80.11 feet to a found iron pipe at a corner for this parcel and lands of Rojan Meadows, L.L.C.; thence turning and running with said lands of Rojan Meadows, L.L.C. the following three courses and distances 6) curving to the left on a arc of a circle having a radius of 242.00 feet and a arc length of 95.50 feet, chord bearing of said arc being North 30°53'19" East a distance of 94.88 feet to a point; thence running 7) North 08°03'51" East a distance of 342.00 feet to a point; thence 8) curving to the right on arc of a circle having a radius of 25.00 feet and a arc length of 15.52 feet, chord bearing of said arc being North 37°22'05" East a distance of 15.27 feet to a point at a corner for this parcel and in line with the southerly right-of-way of North Little Creek Road; thence turning and running with the southerly right-of-way of North Little Creek Road; 8) curving to the left on a arc of a circle having a radius of 2,904.90 feet and a arc distance of 126.49 feet, chord bearing of said arc being S 80°04'00" East a distance of 126.48 feet to the point and place of beginning and containing 1.7597 acres of land be the same, more or less.
ED-00-068.20-01-14.00
All that certain piece, parcel, or tract of land with improvements hereon erected in East Dover Hundred, Kent County, State of Delaware, lying on the south side of North Little Creek Road, being bound on the west by other lands of Christopher J. & Rebecca R. Raubacher, on the north by North Little Creek Road, on the east by lands of American Vending Property, L.L.C. and on the south in part by lands of American Vending Property, L.L.C. and in part by other lands of Christopher J. & Rebecca R. Raubacher and as shown on a plan entitled "Annexation Plan - lands of Christopher J. Raubacher, et ux", prepared by Becker Morgan Group, Inc. dated January 5, 2007 and being more particularly described as follows to wit:
Beginning at a point along the southerly right-of-way of North Little Creek Road at a corner for this parcel and lands of American Vending Property, L.L.C., said point of beginning as measured from the intersection of North Little Creek Road and State Route 1 right-of-ways the following three courses and distances; North 85°12'46" West a distance of 1.20 feet to a point; thence curving to the right on a arc of a circle having a radius of 2,900.00 feet and a arc length of 102.14 feet, chord bearing of said arc being North 84°12'13" West a distance of 102.14 feet to a point, thence turning and running South 06°48'20" West, crossing over a found iron pipe at 1.61 feet, a total distance of 5.00 feet to a point; thence turning and running from said point of beginning and with said lands of American Vending Property, L.L.C. 1) South 05°42'51" West a distance of 233.04 feet to a found iron pipe at a corner for this parcel and said lands of American Vending Property, L.L.C.; thence turning and running in part with said lands of American Vending Property, L.L.C. and in part with said other lands of Raubacher 2) North 82°17'09" West and crossing over a found iron pipe at 64.87 feet to a total distance of 95.34 feet to a point at a corner for this parcel and said other lands of Raubacher; thence turning and running with said other lands of Raubacher 3) North 05°42'51" East a distance of 233.09 feet to a point at a corner for this parcel and in line with the southerly right-of-way of North Little Creek Road; thence turning and running with the southerly right-of-way of North Little Creek Road; 4) curving to the left on a arc of a circle having a radius of 2904.90 feet and a arc length of 95.34 feet, chord bearing of said arc being South 82°15'15" East a distance of 95.34 feet to the point and place of beginning and containing 0.5092 acres of land be the same, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 27th day of March, 2007 at 12:01 a.m. o'clock.
ADOPTED: MARCH 26, 2007
Public Hearing - Zoning Classification
Mrs. Townshend, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended that the zoning classification of this property be approved as C-PO (Commercial/Professional Office) upon annexation.
Council President Williams declared the public hearing open.
Mr. Gregg Moore from the Becker Morgan Group, architect and engineers representing the equitable owners, Home Builders Association of Delaware, stated that he was available to answer any questions. He advised members that the plan is to relocate their offices to this location.
Ms. Jane Dick, 1588 N. Little Creek Road, stated that although she is not concerned with the proposed office building, she is concerned with what may happen in the future. She explained that if the Home Builders Association decided to move from the site, since it will have a commercial zoning classification, there could be some other use of the property that she would not desire. Otherwise, she was not opposed to the rezoning request.
There being no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. Carey moved that the property be zoned from BN - Neighborhood Business (Kent County) to C-PO (Commercial/Professional Office) as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance (The First Reading of the proposed ordinance was accomplished during the Council Meeting of January 22, 2007):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF NORTH LITTLE CREEK ROAD, WEST OF ROUTE 1
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 BN - Neighborhood Business (Kent County zoning classification) to C-PO - Commercial-Professional Office (City of Dover zoning classification).
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 has been amended by changing the zoning designation from BN (Kent County zoning classification) to C-PO (City of Dover zoning classification) on that property located on the south side of North Little Creek Road, west of Route 1, owned by Christopher J. and Rebecca R. Raubacher.
ADOPTED: MARCH 26, 2007
FINAL READING - REZONING OF PROPERTY LOCATED AT 4242 WEST DENNEYS ROAD, OWNED BY DENNEYS ROAD, LLC
Council President Williams reminded members that the First Reading of the proposed rezoning ordinance was accomplished during the Council Meeting of April 24, 2006 to consider rezoning of property located at 4242 West Denneys Road, owned by Denneys Road, LLC. The property is currently zoned R-15 (One Family Residence) and C-1A (Limited Commercial) and the proposed zoning is RM-1 (Medium Density Residential). A public hearing was held by members during the Regular Council Meeting of September 11, 2006, at which time the matter was tabled to allow the applicant to work with the Planning staff to determine an appropriate zoning designation.
Mr. Carey moved to remove the matter from the table, seconded by Mr. Salters and unanimously carried.
Mrs. Townshend reminded members that when the request was presented to the Planning Commission in July 2006, they recommended denial of the request for RM-1 (Medium Density Residence Zone) because it is inconsistent with the zoning classifications identified for the Low Density Residential area in the Comprehensive Plan. However, the Planning Commission had recommended approval of an R-8 (One Family Residence) zoning classification. When the recommendation was presented to City Council, members tabled the request to allow the applicant time to meet with the Planning staff to determine a suitable zoning classification.
Mrs. Townshend stated that she has met with Mr. Ashburn and he is requesting that the residential portion of the property be rezoned to R-8, with the bike shop land excluded from the request, which would remain C-1A (current zoning classification). She advised members that the C-1A zone is not consistent with the comprehensive plan. She suggested that members could either vote in favor of the revised rezoning request or approve the recommendation of the Planning Commission to rezone the entire property to R-8, which would create a legal non-conforming use for the bike shop.
Responding to Mr. Ruane, Mrs. Townshend explained that the bike shop is currently zoned C-1A and if the zoning classification were to change to a non-commercial zoning classification, the bike shop would continue to be in existence, essentially and in perpetuity it would be limited in terms of its ability to expand and if its commercial use were to cease for more than one (1) year, then the use of the property would be required to be residential. Mrs. Townshend further explained that State law requires that the zoning to be consistent with the Comprehensive Plan within 18 months of the Plan’s adoption. If the bike shop were not included in the rezoning and remained commercial, it would be an area where the zoning is not consistent with the Comprehensive Plan.
Mr. Ruane moved to rezone the entire parcel as R-8, as recommended by the Planning Commission. The motion was seconded by Mr. Hogan and by a roll call vote of eight (8) yes, one (1) no (Mr. Slavin), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of April 24, 2006 .)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 4242 WEST DENNEYS 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 R-15 (One Family Residence) and C-1A (Limited Commercial) to R-8 (One Family Residence).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from R-15 and C-1A to R-8 on that property located at West Denneys Road, owned by Denneys Road, LLC.
ADOPTED: MARCH 26, 2007
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 12, 2007
The Legislative, Finance, and Administration Committee met on March 12, 2007 with Chairman Salters presiding.
Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2006
In accordance with Section 46 of the City Charter, the City's financial books are audited by independent auditors each year. The Treasurer/Finance Director, Mrs. Mitchell, submitted the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2006. It was noted that all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company, whose opinion has been included in the report. The City has received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last 21 years. Mrs. Mitchell gave a Power Point Presentation which highlighted the key points of this year’s CAFR.
Staff recommended acceptance of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2006.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Audit Services - Request for Proposals
Mrs. Mitchell, Treasurer/Finance Director, submitted a Request for Proposals for Professional Auditing Services for the committee’s review. She reminded members that in response to a previous request of the City’s Auditor, it was decided that the Legislative, Finance, and Administration Committee would function as the City’s Audit Committee. One of the functions is to review the request for proposals for professional auditing services prior to it being let.
Mayor Speed referenced an e-mail, dated March 11, 2007, he sent to Mrs. Mitchell containing typographical corrections, as well as other comments/questions and questioned, since staff is not able to suggest a definition for “significant” and “major” as noted in Paragraph IIC, if the final selected auditors should be required to provide these definitions. Mrs. Mitchell agreed with the Mayor and indicated that once the auditor is selected, the request would be made of them to include the definitions in their proposal.
The committee recommended acceptance of the Request for Proposals for Audit Services.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Strategic Evaluation and Work Plan - Tax Assessor’s Office
Members reviewed a report submitted by Mr. DePrima, City Manager, and Mr. Capuano, Tax Assessor, on an evaluation of the status of the Tax Assessment Office. Mr. DePrima advised members that after Mr. Capuano was hired in the spring of 2006, they inventoried all of the issues involving the Tax Assessment Office. He stated that the report provided contains a strategic evaluation, recommended solutions to the issues, a status of where implementation of corrective action has already started, and a work plan for the years 2007 through 2011. The goal of the report is to identify how the Assessment Office can become a model operation that uses modern practices to keep our assessment rolls, appeal processes, and transfer tax collections as effective and as fair as possible, while providing excellent customer service. The report includes four (4) sections, as follows: 1) Resources, which covers staff, training, and systems evaluations; 2) Planning, which focuses on the reassessment and revaluation requirements needed in the future; 3) Operations, which identifies improvements needed in current day-to-day practices and serves as a complete inventory of all of the functions of the office; and 4) Communication, which provides some ideas for improving relationships with customers.
Mr. DePrima stated that the big challenge will be for the City to determine how to move forward with revaluations/reassessments. He explained the difference between revaluation of properties, which reviews values, sales data, etc. and a reassessment, which reviews individual properties. He stated that the current Dover Code requires the services of an independent assessment company in 2007/2008, with an estimated cost of over $400,000, and again in 2010/2011, estimated at a cost of $1M. As an alternative, Mr. DePrima stated that the City could increase assessment office staff and do both the revaluation and reassessment in four-year increments ending in FY2010/2011 to be used in the June 2011 billing. He advised members that the City Assessor is conducting a pilot study on 2,800 properties located on the west side of Dover to determine which of these two (2) methods would be best for the City.
Mr. Ruane relayed concern that the three (3) year deadline for the reassessment, as required in the City Charter, will not be met. Concurring, Mr. Capuano suggested that an evaluation (equity) of the community be accomplished and from that, it can be determined what resources would be required to have it accomplished. He explained that it is difficult to make a recommendation regarding an old system which cannot be met with the prior or existing staff and noted that hiring a company would cost approximately $1M to meet the Charter deadline. He felt that an alternative plan should be considered and that additional information could be provided to members within a month.
Mr. DePrima explained that the City Charter requires an assessment every three (3) years, the Dover Code establishes the requirement for the independent reassessment and staff’s valuation and assessment, and sets forth the 2010 deadline.
In response to Mr. Ruane, Mr. Capuano suggested that before a Charter amendment is requested, there be a plan developed. At the request of Acting Chairman Slavin, Mr. Capuano was requested to provide an update on the plan during the second committee meeting in April. Mr. Ruane suggested that the plan include consideration of delinquent taxpayers and the provisions that were previously adopted by Council.
Mayor Speed requested that the plan include the long-term costs for salaries, benefits, etc. for hiring additional staff personnel for the Tax Assessment Office.
The committee recommended acceptance of the Strategic Evaluation and Work Plan 2007-2011 Report as presented by staff.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
State of the City Budget - Mid-Year Review
Mr. DePrima, City Manager, presented members with the mid-year review of the Fiscal Year 2007 City of Dover Budget. The purpose of this report is to give City Council a mid-year picture of the City’s operating expenses and revenues for all City budgets. This should be considered a proactive exercise so that Council can take necessary actions to adjust budgetary behavior if necessary.
Mr. DePrima stated that, overall, the report projects that the General Fund Budget Balance will increase by $217,169 to $2,909,867. The combined Water/Wastewater Fund Budget is projected to decrease by $1,015,818 to $4,077,224. The Electric Fund has no significant changes. He reported that “managing to the budget” continues to be successful and that the City Manager and the Finance Director continue to monitor budgets closely.
Responding to Mr. Ruane, Mrs. Tieman confirmed that, of the $66,473 increase in the City Manager’s budget, $49,303 is specifically for the legal expenses for an employee arbitration case. Mr. DePrima stated that the legal fees associated with the 1146 Rule are being paid for through existing resources. For informational purposes, Mr. Ruane requested that staff provide a breakdown of the legal expenses for the City Manager.
With regards to the administrative organization of the Public Utilities Department, Mr. Ruane reminded members that when originally presented to Council, there was a savings to be anticipated. He requested that staff provide the final organization and its financial results. Responding, Mr. DePrima assured members that the requested information would be made a part of the City’s Annual Budget.
Staff recommended approval of the mid-year review. If the committee recommends approval, budget ordinance amendments will be developed and presented to City Council for a First Reading to be accomplished during their Regular Meeting of March 26, 2007.
The committee recommended approval of the Mid-Year Budget Review for Fiscal Year 2007, as presented by staff.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote. (The First Reading of the budget ordinances will take place during the latter part of the meeting).
FY2008 Revenue Forecasting
As directed during the Special Council Meeting of May 10, 2006, the City Manager submitted the projected revenues, reserve fund balances, and excess carry forward balances for the coming year for the committee’s review.
Mrs. Tieman, Senior City Administrator, reviewed the Budget/Reserve Fund Balances as of the Mid-year Review (March 12, 2007) as well as the Revenue Forecast for FY2008.
Mr. Hogan relayed that his only concern with the Revenue Forecast for FY2008 is with the transfer from the Electric Fund. It was his opinion that it is too high, explaining that it is difficult to justify a $1.8M transfer and then having to discuss a possible increase in electric rates. Mr. DePrima stated that the transfer was reduced from 8% to 6.5% and reminded members that all the revenue modeling has been based on this percentage.
Concurring, Mr. Ruane also felt that the transfer from the Electric Fund is too high and unrealistic, and questioned if the modeling takes into account the short-fall in terms of the cost of the plant versus what the plant is earning. Responding, Mr. DePrima stated that the percentage has taken into account all plant costs and that the most recent model, which members of Council agreed to, is what the 6.5% is based on.
During the committee meeting, Mr. Ruane noted that no new revenues were included in the forecast and suggested that staff review the 2003 Revenue Manual to determine if items such as a water impact fee would be reasonable and that it be included when the committee’s report is presented to Council for consideration.
The committee recommended acceptance of the Revenue Forecast for FY2008, with the comments noted by members.
Mr. McGlumphy advised members that FY05 Receipts for the General Fund, Water/Wastewater Fund, and Electric Revenue Fund total $101.2M, for FY06, the total increases to $112.3M; and for the present Mid-Year Review for FY07, the total is $138.8M and that there is a possibility that this may increase. The projection for receipts for next year, FY08, is $148M. He noted that the City’s budget has increased from $101.2M to a projected amount of $148M, which equates to more than a 40% increase over the last four (4) years. Mr. McGlumphy explained that the fees and rates will continue to increase unless efforts are made to decrease the expenditures. He noted that the revised budget totals $138.3M; however, in reviewing the monthly report of February 2007, and in totalling the revenues, there is a total of $151.1M. He assumed that the difference is a result of the carry forward balance and requested that the Treasurer/Finance Director and City Manager review the totals for clarification.
Mr. McGlumphy stated that, while the City is growing, he felt that the City is spending at a quicker pace than the revenues are being generated. It is his belief that the revenues will be insufficient unless additional revenues are obtained to help fund these budgets. As the City moves into the budget process, he noted that members of Council will be faced with tough decisions, and requested that members reduce the budget expenditures before requesting an increase in fees and rates from our citizens.
Mr. Hogan thanked staff for including the transfers as separate items and noted that these transfer funds are in a sense separated. Referring to the General Fund, he noted that the last items are strictly transfer items, and explained that these transfers are not new money but are monies transferring to and from other funds; therefore, since these numbers are included, the total is inflated. It was his opinion that for totaling actual revenues for the fiscal years, the transfer amounts should be eliminated, since these amounts are coming from other parts of the budget.
Mr. Ruane relayed his unreadiness regarding the report and requested clarification as to the results if members approve the committee’s recommendation for acceptance of the Revenue Forecast for FY2008. It was his understanding that the intent of Council was to use the Revenue Forecast as a guide for the City Manager to develop the next year’s budget.
Responding, Mr. Slavin stated that his initial intent in requesting the revenue forecast was to use it for revenue projections, not the expense projections for the budget. He felt that when Council was presented with the budget, they were building expenses first and then developing revenues to meet the expenses versus reviewing revenues throughout the year, putting science to the trends to allow for a better understanding of how the amounts are projected, and then using that as the basis for the revenue before ever considering expenses.
Concurring, Mr. Hogan thought that the revenue forecast would be used to begin the planning process, not the expenses. Although he agreed that some of the revenues may be more than what he feels is necessary, it would provide a beginning. Council is not obligated to accept the revenues, it is only for staff to begin working on preparing the budget.
Mr. Ruane questioned if Council would be amenable to the idea of using the document in a more conservative manner, such as putting some constraints on the amounts projected. He also suggested that the City Manager be encouraged to look into the possibility of acquiring new revenue sources.
Mr. McGlumphy reminded members that the City Manager was directed to present a “zero based” budget and that the Revenue Forecast is not reflective of that directive.
Mrs. Mitchell explained that the $151.1M in the Monthly Budget Report includes the budget balances, which is not included in the Revenue Forecast. She advised members that the big increase is due to the power cost and electric rate increase, noting that the change in the revenue for each fund is consistent with the exception of the Electric Revenue Fund.
With reference to statements regarding new revenue sources, Mr. DePrima felt that it would not be appropriate of staff or staff’s responsibility to project new revenue sources, nor was staff requested to do so, explaining that it would be presumptuous of staff to assume that Council would approve new revenues. However, he advised members that staff is currently working on two (2) revenue sources that have been previously discussed, one of which is the water impact fees. Using a number recently approved by the PSC for a private utility, $1,500 a year per unit, would generate $500,000 for the Water Fund. The other is a Pole Attachment Fee, which would provide the Electric Utility with $70,000. Mr. DePrima stated that there was no clear direction of Council whether these are revenues that should be pursued or not; therefore, he did not feel comfortable including them in the Revenue Forecast Report, until such time as Council has thoroughly discussed and approved them.
Mr. McGlumphy moved for approval of the committee’s recommendation for acceptance of the Revenue Forecast for FY2008, with the comments noted by members. The motion was seconded by Mr. Slavin and carried with Mr. Ruane voting no.
Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and unanimously carried.
MONTHLY REPORTS - FEBRUARY 2007
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report
Mayor's Report
Planning and Inspections Report
Dover Fire Department Report
Mr. McGlumphy noted that he requested that the Budget Report be removed from the Consent Agenda to allow for its review in considering item #6E, FY08 Revenue Forecasting.
Mr. McGlumphy moved for acceptance of the Monthly Budget Report for February 2007, seconded by Mr. Hogan and unanimously carried.
In reviewing the City Manager’s Report and the CIP Report, Mr. McGlumphy noted that there are discrepancies regarding projects listed in the CIP for the Water/Wastewater Fund that are not included in the City Manager’s Report. Responding, Mr. DePrima stated that the CIP Report includes more updated information; however, he stated that he would meet with Mr. McGlumphy for specifics to assure this is the case.
Mr. McGlumphy noted that there are projects in the CIP Report that have been delayed (some since 2001) and, as a result, the costs for their completion has increased. Although he understands there are reasons for the delays, it is his hope that staff will attempt to improve working with the various entities to have these projects completed in a more timely fashion.
Mr. Carey moved for acceptance of the City Manager’s Report and CIP Report for February 2007, seconded by Mr. Salters and unanimously carried.
SUBDIVISION STREET REQUIREMENT WAIVERS - KENT COUNTY AEROPARK
Members considered a petition to waive certain subdivision standards for the Kent County AeroPark, located on the north side of Horsepond Road, southeast of Lafferty Lane. Mrs. Townshend advised members that the total area for the Kent County AeroPark project is 115.78+/- acres. When the development was first recorded, 24 lots were created with two (2) roads for circulation through the development named Starflifter Avenue and Galaxy Drive. Since the initial subdivision, she explained that several factors have taken place leading to the configuration of the streets and lots proposed by the request for waivers.
In accordance with Appendix A, Article VII, Section A1 of the Land Subdivision Regulations, the applicants have requested changing the street layout to create two dead-end streets. The proposed Galaxy Drive will be 700 feet in length and Starlifter Avenue will be 650 feet in length when measured from the intersection of the two (2) streets. As such, this creates two (2) dead end streets exceeding the maximum length of a dead end street. The Plan also proposes no cul-de-sac (turnaround) at the terminus of the end of each street as required by Article VI, Section A15.
The Planning Commission recommended approval of the requested waivers, length of a dead-end street and the requirement of a cul-de-sac, regarding the streets for the proposed lot line adjustment at the Kent County Aeropark.
Responding to Mr. Ruane, Mrs. Townshend confirmed that approval of the request will allow for maximized use of the property for economic development. She also advised members that a portion of Galaxy Drive has not been abandoned and that such a request will require a separate application.
Mr. McGlumphy moved for approval of the requested street waivers for the Kent County Aeropark in accordance with the Planning Commission’s recommendation. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCES
Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Regular Council Meeting of April 9, 2007.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:
Proposed Budget Revisions
COUNCIL MEMBERS ANNOUNCEMENTS
There were no announcements of members by Council.
Mr. Carey moved for adjournment, seconded by Mr. Hogan and unanimously carried.
Meeting Adjourned at 8:43 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 26, 2007, are hereby approved.
STEPHEN R. SPEED