REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 13, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin, Deputy Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, 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.
Mr. Eric O’Brien, 30 N. New Street, reiterated problems of loitering, loud noise, and other quality of life issues that continue in his neighborhood. He began reading a letter he had written and, due to time constraints, indicated that he would return at the next Open Forum (June 27th) to complete the reading, at which time he will submit it for the record.
Mr. Richard Snyder (Newark, Delaware) re-addressed members regarding concerns of toxic waste being distributed on the banks of the Delaware River by the DuPont Company. During the Open Forum Segment of the May 23, 2005 Council Meeting, he had submitted a resolution adopted by the City of Wilmington and requested that the City of Dover consider the same.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane moved for the addition of item #11-E to include Mr. Zachery Carter in the Appointments for the Silver Lake Commission, seconded by Mr. Carey and unanimously carried. Mr. Salters moved for the addition of item #9-C - Proposed Resolution and Approval of the CDBG 5 Year Consolidated Plan, seconded by Mr. Hogan and unanimously carried.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
Mr. Slavin moved to remove item #1A - Adoption of Minutes for the Special Council Meeting of May 17, 2005 from the consent agenda.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 17, 2005
Mr. Slavin requested that the minutes be corrected to reflect that he was present during the Special Council Meeting of May 17, 2005.
The Minutes of the Special Council Meeting of May 17, 2005, amended to reflect Mr. Slavin as being present, were unanimously approved by motion of Mr. Slavin, seconded by Mr. Hogan and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 23, 2005
The Minutes of the Regular Council Meeting of May 23, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
CERTIFICATE OF RECOGNITION - CENTRAL MIDDLE SCHOOL ODYSSEY OF THE MIND - WORLD FINALS - FIRST PLACE - STUNT MOBILES - DIVISION II
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, Odyssey of the Mind is an international educational program which teaches students to learn creative problem-solving methods by providing open-ended problems that appeal to a wide range of interests. Students learn how to identify challenges and to think “outside of the box” to solve those problems while being free to express their ideas and suggestions without fear of criticism; and
WHEREAS, having been successful at the State’s Odyssey of the Mind Competition, Dover’s Central Middle School team advanced to the World Odyssey of the Mind Competition, which attracted 765 teams from around the world, including students from Belarus, China, Czech Republic, Germany, Hungary, Japan, Russia, Singapore, Slovakia and practically every state in the U.S.; and
WHEREAS, this team of students from Dover's Central Middle School is the first team from Delaware to win the Odyssey of the Mind World Finals, a prestigious annual world competition, and special commendation is due all team members, the coach, and the parents for their hard work and dedication; and
WHEREAS, it is deemed an honor and privilege to present this Certificate of Recognition as follows:
Cooper Asay April Chestnut Andrew Davis
Gina DeFrancesco Jessie Girgis Hannah Lindsey
Erik Towne Trudean Davis (Team Coach)
FIRST PLACE - DIVISION II - STUNT MOBILES
2005 ODYSSEY OF THE MIND WORLD COMPETITION
Congratulations from the City of Dover
June 2005
The Certificates were presented to the participants by Mayor Speed.
PUBLIC HEARING/PROPOSED RESOLUTION - APPROVAL OF ISSUANCE OF BONDS OR NOTES BY THE ROBBINS HOSE FIRE COMPANY
Mrs. Mitchell, Finance Director/Treasurer, explained that the Resolution is to allow for the City of Dover to assist the Robbins Hose Fire Company in qualifying for tax exemption on Bonds and assured members that the City will not have any liability for any debt on the bonds or notes.
Council President Williams declared the public hearing open. There was no one present wishing to speak during the public hearing. Council President Williams declared the public hearing closed.
By motion of Mr. Ritter, seconded by Mr. Carey, Council adopted the following Resolution by a unanimous roll call vote:
RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the "Company") is a fire company organized and existing under the laws of the State of Delaware; and
WHEREAS, the Company has provided and continues to provide firefighting services to an area within the City of Dover, Delaware (the "City"); and
WHEREAS, the Company has advised the City that the Company proposes to issue up to $5,300,000 of bonds or notes of the Company (the "Bonds") for the purposes of financing: (1) up to $4,550,000 of the costs of the demolition, construction and reconstruction of a 12,900+ square foot addition to the existing fire station buildings and related site improvements on 1.14+ acres of land located at 103 South Governors Avenue, Dover DE 19904, including professional fees and costs of issuance incurred in connection therewith, and (2) up to $750,000 of the costs of a new, "100” Tower Ladder fire truck complete with all necessary equipment", including the professional fees and costs of issuance incurred in connection therewith (collectively, the "Project”); and
WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 150 of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not qualify for exclusion from gross income of the owners thereof for federal income tax purposes unless the issuance of the Bonds is approved by the applicable elected representative of a governmental unit with which the Company has entered into an agreement (or is required by statute) to provide exclusive fire fighting services, after a public hearing to consider the issuance of the Bonds has been conducted, following reasonable public notice; and
WHEREAS, the City and the Company previously entered into an Agreement (the "Agreement") pursuant to which the Company agreed, among other things, to provide exclusive firefighting services to the City; and
WHEREAS, notice of the requisite public hearing was published in the Delaware State News, on May 28, 2005, a newspaper of general circulation in the City; and
WHEREAS, on June 13, 2005 the City Council of the City of Dover conducted a public hearing on behalf of the Company for the purpose of considering the issuance of the Bonds;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the City of Dover, Delaware, for the sole purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to Section 103 of the Code, does hereby approve the issuance of bonds or notes by the Company in a maximum aggregate principal amount of up to $ 5,300,000 for the purpose of financing a portion of the costs of the Project, provided, that such bonds or notes shall be an obligation of the Company and shall never be a debt of the City and the City shall not be liable for any payment on such bonds or notes.
Approved by the Council of the City of Dover this 13th day of June, 2005.
PUBLIC HEARING - 2005/2006 CITY OF DOVER BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by the 1990 Bond Resolution) prior to adoption of the budget. Notice of the public hearing was properly advertised. During their Regular Meeting of May 23, 2005, members of Council set a public hearing for the 2005/2006 City of Dover Electric Fund Budget. However, Council President Williams set the agenda to allow for a public hearing on the entire budget.
Council President Williams declared the public hearing open. There was no one present wishing to speak during the public hearing. Council President Williams declared the public hearing closed.
SPECIAL COUNCIL MEETING OF MAY 11, 12, 18, AND 19, 2005 (COUNCIL BUDGET HEARINGS REPORT)
The Minutes of the Council Budget Hearings of May 11, 12, 18, and 19, 2005 were approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed. (The First Reading of the ordinances will take place during the latter part of the meeting).
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARINGS
The Assessment Appeals Committee met from on May 18, 2004. Members present were Councilmen Ruane (Chairman), Salters, and Sadusky. Mr. Ruane relayed appreciation to Mr. Diego Saminez from Tyler Technologies, who assisted the committee with the appeal hearings, as well as the assistance provided by Ms. Russell, Assistant Tax Assessor, and the City Clerk’s Office, particularly Mrs. Clendaniel.
Mr. Ruane advised members that the process of reviewing tax appeals included an informal review conducted by staff, and a formal review before the Property Assessment Appeals Committee, that numerous tax appeals were received and that the committee extended the hearings through June 17, 2005; therefore, additional property assessment appeals will be forthcoming to Council during their meeting of June 27, 2005. He also indicated that based on the comments received during the hearings, the City should consider conducting a comprehensive evaluation of property, which would consist of actual visits to the sites and review of structure interiors. Mr. Ruane explained that the Stipulated Values Report is a result of the property owner providing documentation to the committee that justifies an adjustment to the property value and is an indication that the property owner concurs with the adjustment recommended by the committee.
Mr. Ruane reviewed the 2005 Tax Appeals Hearing Report as of June 2, 2005 for the Stipulated Values, which provides for a total adjustment from $154,734,670 to $114,242,900, and the Tax Exemptions for Capitol Baptist Church, Capital Grange No. 18, and Holy Trinity Church.
Mr. Ruane moved for approval of the Stipulated Values as of June 2, 2005 as recommended by the 2005 Property Assessment Appeals Committee for the purposes of incorporating the adjustments into the City’s Tax Rolls (Exhibit #1). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Ruane moved for approval of the Exemptions as of June 2, 2005 as recommended by the 2005 Property Assessment Appeals Committee for the purposes of incorporating the exemptions into the City’s Tax Rolls (Exhibit #2). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Ruane explained that if a property owner remains dissatisfied with the recommendation of the Property Assessment Appeals Committee’s recommendation, the appellant is provided an additional opportunity to present their case during a public hearing before City Council. Considering the process that has been provided to appellants for hearing their case, and after consulting with the Deputy City Solicitor, Mr. Ruane stated that the Committee recommended that the City provide rules for the public hearing to be held before City Council, as follows:
Appellants who have gone before the Board of Tax Appeals and wish to present further information and appeal to the City Council on June 27, 2005 may do so under the following conditions:
a.They must submit to the City Clerk by 12:00 p.m. on June 22, 2005 a written summary of why they are appealing to City Council and a certified appraisal not more than 30 days old, which was not considered by the Board of Tax Appeals.
b. They will be given 3 minutes to speak to Council on June 27, 2005.
Mr. Ruane moved for approval of Rules for the Tax Appeals Hearings to be held before City Council on June 27, 2005, as recommended by the Property Assessment Appeals Committee, seconded by Mr. Salters and carried by a unanimous roll call vote.
Members of the Property Assessment Appeals Committee reiterated the need for the City to consider beginning a Comprehensive Assessment of Properties within the City to provide for a true and just property assessment for the City of Dover.
UTILITY COMMITTEE REPORT - MAY 23, 2005
The Utility Committee met on May 23, 2005 with Chairman Carey presiding.
Puncheon Run Pumping Station Upgrades
The FY-2005 Operating Budget for the Public Works Wastewater Management Division included a capital project to upgrade the existing Puncheon Run Pumping Station. The upgrade includes the replacement of the existing pumps and piping, installation of new electrical equipment and controls, installation of a new HVAC system, bypass pumping and miscellaneous building improvements. The low bid was received from C&D Contractors, Inc., Wilmington, Delaware, in the amount of $951,290.
During the committee meeting, members were advised that funds allocated for the U.S. 13 East Interceptor Sewer Project will be reassigned for this project. Since partial funding for the U.S. 13 East Interceptor Sewer Project was provided by a bond issue in 2003, to change the use of these bond funds from the U.S. 13 Interceptor Sewer Project to the Puncheon Run Pumping Station Upgrade, a resolution to amend bond documents will be required.
Staff recommended approval of the low bid submitted by C&D Contractors, Inc., in the amount of $951,290 for the construction of the Puncheon Run Pumping Station Upgrades and authorizing the Finance Director to prepare a bond resolution for Council consideration to amend the projects to be funded with the 2003 bond issues. The estimated total construction cost associated with the project is $1,061,290.
The committee recommended approval of staff's recommendation for awarding the construction contract to C & D Contractors, Inc. in the amount of $951,290 for the construction of the Puncheon Run Pumping Station Upgrades; to authorize staff to negotiate an engineering services agreement with Whitman Requardt & Associates to provide technical review of shop drawings, attend monthly construction meetings and answer all technical interpretation of the design and construction drawings (the estimated costs of these services will be $60,000. A separate agreement will be brought to Council for formal authorization); to authorize funding in the amount of $50,000 for a construction contingency for change orders, which represents 5.25% of the low bid; and to authorize the Finance Department to prepare a bond resolution for Council consideration to amend the projects to be funded with the 2003 bond issue.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
RESOLUTION AMENDING RESOLUTION WHICH AUTHORIZED THE ISSUANCE AND SALE OF UP TO $10,285,000 IN WATER AND SEWER REVENUE BONDS OF THE CITY OF DOVER (SERIES 2003)
WHEREAS, pursuant to Chapter 158, Volume 36, Laws of Delaware, as amended (the "City Charter") and Chapter 111, Volume 52, Laws of Delaware, as amended (collectively, the “Enabling Acts”), The City of Dover (the “City”) is authorized to issue revenue bonds for the purpose of financing and refinancing improvements to its water and sewer systems;
WHEREAS, pursuant to the Enabling Acts, the City Council (the “Council”) adopted a Resolution on February 27, 1989 (the “Original Resolution”) and pursuant to the Enabling Acts and the Original Resolution, the Council adopted Supplemental Resolutions on April 14, 2003 and October 13, 2003 (the “2003 Supplemental Resolutions”), authorizing the issuance of up to $10,285,000 of Water and Sewer Revenue Bonds (the “Series 2003 Bonds”) to refinance certain outstanding bonds and to finance certain new water and sewer capital projects (the “2003 Projects”);
WHEREAS, the 2003 Supplemental Resolutions identified the 2003 Projects as $600,000 for the Division Street Water Main Upgrade and $1,000,000 for the U. S. 13 East Sanitary Sewer Interceptor (the “U.S. 13 Project”);
WHEREAS, Council has determined to redirect the $1,000,000 of the bond proceeds originally expected to be applied to the U.S. 13 Project to the Puncheon Run Pump Station project (“Puncheon Run Project”) instead;
WHEREAS, the Original Resolution provides that it can be amended without the consent of the Bondholders in order to cure any “…formal defect contained in the Bond Resolution, if that cure does not, in the judgment of the Council, adversely affect the interest of the Bondholders.” and
WHEREAS, the redirection of these funds will not adversely affect the interest of the Bondholders since (i) the funds will be redirected to a qualified project; (ii) the reserve account balance is equal to the Maximum Annual Debt Service on all outstanding bonds; (iii) the engineer’s report in 2003 that projected that the net revenues would exceed the 1.20 coverage ratio in fiscal year 2004 has not been affected and the rate covenant and 1.20 coverage ratio projected by the engineer’s report have been satisfied; and (iv) the resulting financial impact will be positive because it will result in a reduction of maintenance expenses at Puncheon Run Project.
NOW, THEREFORE, BE IT RESOLVED by Council of the City of Dover, Delaware as follows (at least three fourths of all members thereof concurring therein):
1. The 2003 Supplemental Resolutions are hereby amended to change the definition of “2003 Projects” to include “or any other water or sewer capital projects approved by City Council”. Council further determines to use $1,000,000 of the Series 2003 Bond proceeds for the Puncheon Run Pump Station rather than the U.S. 13 East Sanitary Sewer Interceptor. Council finds that the aforesaid amendment to the definition of the “2003 Projects” is a correction of a formal defect in the Supplemental Resolutions and such amendment will not adversely affect the interest of the Bondholders.
2. The City Clerk shall forthwith cause to be published once in a newspaper published in the City a notice in substantially the following form:
“NOTICE
NOTICE IS HEREBY GIVEN that the City Council of The City of Dover, Delaware, on June 13, 2005, pursuant to Chapter 111, Volume 52, Delaware Laws, as amended, adopted a resolution entitled as follows:
RESOLUTION AMENDING THE RESOLUTION WHICH AUTHORIZED THE ISSUANCE AND SALE OF UP TO $10,285,000 IN WATER AND SEWER REVENUE BONDS OF THE CITY OF DOVER (SERIES 2003)’
The purpose of the resolution is to amend the description of the Projects to be funded from the proceeds of the sale of the above referenced Bonds and to redirect $1,000,000 of bond proceeds from the U. S. 13 East Sanitary Sewer Interceptor Project to the Puncheon Run Pump Station Project.
Any action or proceeding to contest the validity of said resolution or any of its provisions must be commenced within thirty (30) days after the publication of this notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of said resolution or any of its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period.
By order of the City Council of The City of Dover, Delaware.
3. The Mayor and Finance Director shall give notice to the Bond Insurer pursuant to the Bond Insurance Provisions related to the Series 2003 Bonds that require notice of any amendment to the Bond Resolution that does not require Bondholder consent.
4. The Mayor, Finance Director and Clerk of Council are hereby authorized and directed to take all action deemed by them as necessary and appropriate to carry out the intent of this resolution.
5. This resolution shall take effect immediately upon its passage and approval by the Mayor.
PASSED AND ADOPTED on the 13th day of June, 2005
Time and Material Contract - George & Lynch, Inc.
In July 2004, Kent County Levy Court approved a low bid from George & Lynch, Inc. for a general labor and equipment contract, also known as a time and materials contract. In accordance with Section 3.3 (J) of the City of Dover Purchasing Policy, “The City of Dover is permitted to use state, county, municipal, and other government or private company contracts to purchase material once it has been determined that the procedures outlined within this policy will not be violated. Any deviation from this policy for the purpose of cooperative purchasing must be approved by the City Manager prior to entering into any purchase agreement”. Since there have been a number of bidders on various projects during the current bidding environment, staff requested consideration of several projects to be constructed using the labor, materials, and equipment charges identified in the low bid from George & Lynch, Inc., as follows:
Location Remaining/Proposed Project Budget
Division Street Water Main Upgrade $598,340.00 (FY-2005)
U.S. 13 East Interceptor Sewer Main - Segment 1 $247,542.55 (FY-2005)
White Oak Farms Pump Station Force Main Rerouting $160,000.00 (FY-2006)
Kings Highway Sewer Diversion Project $ 60,000.00 (FY-2006)
George & Lynch, Inc. has offered to extend the low bid unit prices for labor, materials and equipment to the City through December 31, 2005. Staff recommended acceptance of the extension of the low bid from George & Lynch, Inc. through December 31, 2005 for the purpose of providing general labor, materials and equipment under a "Time & Materials" contract for the purpose of constructing public works projects as authorized by the City's Purchasing Policy.
During the committee meeting, Mr. DePrima explained his authorization for deviation in accordance with the Purchasing Policy. Although the Public Works Director had indicated his opinion that Section 3.3 (J) of the Purchasing Policy includes labor, Mr. DePrima stated he disagreed and explained that the Purchasing Policy allows for authorization by the City Manager for deviation, which is what should be considered in approving the recommendation.
Mr. Ruane questioned if Section 3.3 (J) of the Purchasing Policy should be amended to include the purchase of “labor”. He relayed concern with the City Manager having to continuously deviate from the policy.
The committee recommended that the City Manager, along with the Finance Director/Treasurer, review the Purchasing Policy for an amendment that would eliminate the need for the City Manager to routinely use deviation authority to be brought back to the committee for review.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
The committee recommended approval of staff’s recommendation to accept the extension of the low bid from George & Lynch, Inc. through December 31, 2005 for the purpose of providing general labor, materials and equipment under a “Time & Materials” contract for the purpose of constructing public works projects, as authorized by the City’s purchasing policy, and further authorize the Public Works Director to purchase project material when an analysis shows that direct purchases are less than material costs estimated by George & Lynch and under the budget amount.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - MAY 24, 2005
The Safety Advisory and Transportation Committee met on May 24, 2005 with Chairman Hogan presiding.
Consideration of Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic - Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
During their meeting of April 27, 2005, members reviewed a proposed ordinance amendment to Chapter 13, Motor Vehicles and Traffic, which would impose a time limit of twenty-four (24) consecutive hours for parking a boat trailer on residential streets. Currently, parking of boat trailers on residential streets is limited to two (2) hours. Mr. Carey advised members that he had received calls from citizens in reference to this matter and provided the new committee members with a summary of the last meeting. He explained that, due to their being some questions, this item was tabled in order for the Planning and Inspections Department to provide additional information and to give the concerned resident an opportunity to address the committee.
During the committee meeting, Mr. Kline Kemp, 228 Jefferson Terrace, stated that two complaints had been lodged against him for having his boat parked in front of his residence for longer than the two-hour limit. He explained that boat storage facilities are not open at 4:00 a.m. He would like to see the ordinance changed to allow time for the loading, unloading and cleaning of the boat, which is difficult to do in the two (2) hour time limit; however, it could be accomplished in twenty-four (24) hours.
Mr. Hogan suggested that rather than twenty-four (24) hours, the time limit be set at twelve (12) hours. Concurring, Mr. Link also suggested that a maximum boat size be included in the ordinance.
After much discussion, the committee recommended that Section 13-30.2 (d) be amended to read, as follows: “It shall be unlawful for any person to park a trailered boat under twenty-five (25) feet on the streets of Dover for a period longer than twelve (12) consecutive hours. For any trailered boat twenty-five feet or greater, refer to Section 13-30.2 (a).”
Noting that a number of citizens had expressed concern with motor homes at the previous meeting, Mr. Lakeman suggested that the committee consider motor homes with this amendment. Mr. Hogan requested that Mr. Galvin, Director of Planning and Inspections, provide members with a draft of the recommended changes for boats and include provisions for motor homes as well at the next meeting.
The committee recommended that the matter be deferred until the next meeting in order to allow Mr. Galvin an opportunity to provide members with the changes recommended for Section 13-30.2(d) and additional information to include motor homes.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 13, 2005
The Legislative, Finance, and Administration Committee met on June 13, 2005 with Chairman Salters presiding.
Downtown Dover Business Improvement District - Assessment (Tax) Rate for Fiscal Year 2005-2006
In accordance with Appendix D, Article III, Section 9(f) of the Dover Code, City Council must adopted a Business Improvement District (BID) budget and assessment every year. Members were provided the FY 2005-2006 budget showing BID tax revenue and the expenses charged against that revenue, as well as the following tax calculation worksheet with recommended rates:
JULY 1, 2005 TO JUNE 30, 2006
|
|
ZONE 1 |
ZONE 2 |
ZONE 3 |
TOTAL |
|
Aggregate Assessments |
$29,476,600 |
$55,927,600 |
$33,291,700 |
$118,695,000 |
|
Assessment Tax Rate Per $100 Assessment |
0.0849 |
0.0362 |
0.015 |
--- |
|
Revenue Raised |
$25,025 |
$20,246 |
$4,994 |
$50,265 |
|
% Revenue Raised |
50% |
40% |
10% |
100% |
|
Number of Parcels |
121 |
113 |
49 |
283 |
|
Average Assessment |
$207 |
$179 |
$102 |
$178 |
Mrs. Mitchell explained that the revenue percentages by zone have been calculated in accordance with Section 9(e) of Appendix D, Article III of the Dover Code and that there had been a discrepancy in this calculation in previous years. Staff recommended approval of the Downtown Dover Business Improvement District (BID) - Assessment (Tax) Rate for FY 2005-2006 and adoption of the proposed budget ordinance.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the committee’s recommendation to approve the Downtown Dover Business Improvement District (BID) Assessment (Tax) Rate for FY 2005-2006 and adoption of the proposed budget ordinance, seconded by Mr. Hogan and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Adoption of Recodification Ordinance
During their Regular Meeting of January 12, 2005, members of Council authorized the City Clerk to enter a Professional Services Contract with Municipal Code Corporation (MCC) for conducting a comprehensive legal review, republication, and electronic services of the City of Dover Charter and Code or Ordinances. Mrs. Green, City Clerk, explained that review of the Dover Code involved staff, as well as the City Solicitor and Deputy City Solicitor and identified obsolete provisions, conflicts and inconsistencies with current state statutes, as well as conflicts within the Code itself. State law citations were checked and necessary changes and additions have been noted for future implementation. Ordinances adopted after March 14, 2005, have not been included in the new Dover Code and will be made a part of the first supplement.
Staff recommended adoption of the proposed ordinance adopting and enacting a New Code for the City of Dover, Delaware.
The committee recommended adoption of the proposed ordinance adopting and enacting a New Code for the City of Dover, Delaware.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Approval of CDBG 5-year Consolidated Plan and Proposed Resolution
Members reviewed the 2005-2010 Consolidated Plan, which serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate-income residents of Dover. Mrs. Harvey, Community Development Director, explained that the 2005 Action Plan is a supplementary document to the 5-Year Consolidated Plan. The goals and objectives focus on developing and sustaining viable communities and improving low and moderate income persons are addressed in the Consolidated Plan as part of the strategy for addressing the needs of low and moderate income people. Each year, the U.S. Department of Housing and Urban Development, upon congressional approval, allocates to the City of Dover Community Development Block Grant Program. The City of Dover is in receipt of FY2005 CDBG fund assignment totaling $308,000 and anticipated program income totaling $50,363; therefore, the total CDBG Federal resources available for use is $358,363. Mrs. Harvey advised members that the Community Block Grant Advisory Committee reviewed proposals for funding and recommended the following activities for fiscal year 2005:
Dover Police Department Community Policing Program - $15,000
Homeowner Rehabilitation Assistance Program - $30,000