REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 28, 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, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Assistant Fire Chief Carey, Mr. Koenig (Public Works Director serving in the absence of the City Manager, 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.
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.
Council President Williams requested that item #8A be removed from the consent agenda. Mr. Ritter requested that items #8B and #8C be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 14, 2005
The Minutes of the Regular Council Meeting of March 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
RESOLUTIONS: PRESENTATION OF CITY OF DOVER MEDALS - TIMOTHY PORTER (BRONZE MEDAL) AND DAVID HISER (SILVER MEDAL)
The City Clerk read the following Resolutions into the record:
WHEREAS, on December 3, 2004 , Mr. David A. Hiser and Mr. Timothy A. Porter, linemen for the City of Dover Electric Department, were working in the vicinity of Lakeland Mobile Home Park when they observed that a mobile home on Pugh Avenue was on fire; and
WHEREAS, once Mr. Hiser and Mr. Porter notified the Fire Department of the situation, Mr. Porter disconnected the electric source, a common practice of the Fire Department, and Mr. Hiser entered the mobile home to search for trapped occupants; and
WHEREAS, the courageous actions of these men were acts of heroism which deserve special recognition by the governing body of this City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that Mr. Porter’s quick response in disconnecting the electric was a meritorious act and that Mr. Hiser risked his life by entering the burning mobile home to search for occupants who may have been trapped inside .
2. In recognition of their heroic actions, the Mayor and Council award Mr. Timothy A. Porter with a City of Dover Bronze Medal and Mr. David A. Hiser with a City of Dover Silver Medal and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: MARCH 28, 2005
Mayor Speed presented Mr. Timothy Porter with a City of Dover Bronze Medal and Mr. David Hiser with a City of Dover Silver Medal.
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 pledged to commit 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 Dover Human Relations Commission is concerned with all elements of fair treatment of City residents, including fair housing practices; 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, do hereby proclaim the Month of April 2005 as Fair Housing Month 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, Mr. Bill Malone, Governmental Relations for Comcast (sponsor of the St. Patrick’s Day Parade), and Ms. Jennifer Allen, Committee Chair, presented awards for the 12th Annual St. Patrick’s Day Parade, as follows:
Category Recipient
Pot O’ Gold - Anything with Wheels Delaware Jeep Association
Leprechaun Award - Best Brigade/Marching Unit Dover Air Force Base
The Blarney Award - Best Mascot Delaware State News Newshound
The Green Machine - Best Float Eastern Shore Natural Gas
The Aran Award - Best Animal Robert & Tally Bodner (2 Pomeranian Dogs)
The Harp Award - Best Music Group Bagpiper William Frantz
Shamrock Award - Most Authentic Irish Theme Molly Malone Brigade sponsored by WT Smithers
Mary Fitzpatrick Award - Best Overall South Dover Elementary PTA
Certificate of Appreciation - 12th Annual St. Patrick’s Day Committee
The City Clerk read the following Certificate into the record:
Be It Hereby Known to All That
The Mayor and Council Commend
Jen Allen, Chair
Bill Bauer
Barbara Burkert
Anne Casey
Leslie Corello
Mary Fitzpatrick
Carole Gallagher
Fred Gallagher
Dr. Dan Houghtaling
Dan Lettieri
Carol Lettieri
Cathy Marker
Jeff Reed
Steve Welde
Connie Welde
For Promoting the Revitalization of Downtown Dover by
Volunteering Their Time to Bring Families to the Downtown Area
for Main Street’s St. Patrick’s Day Parade
by
Serving as a Member of
The 12th Annual St. Patrick’s Day Committee
Presented this 28th Day of March 2005
On behalf of Main Street, Mr. Perez relayed appreciation to those who served on the Committee for their dedication.
PRESENTATION - POLICE DEPARTMENT ANNUAL REPORT
Chief Horvath gave a power point presentation of the Police Department Annual Report for the Year 2004. The Report was presented and accepted by Council during their Regular Meeting of March 14, 2005 (as on file in the Office of the City Clerk).
Concurring with Mr. Ritter, Chief Horvath explained that there are problems with tracking homeless sex offenders and those who have moved from their registered home address.
Responding to Mr. Ruane, Chief Horvath stated that one of the number one complaints received from neighborhood surveys is traffic violations in the neighborhood. When complaints are received, he stated that attempts are made to schedule resources for those areas. He urged citizens to contact the Police Department to relay their concerns about their neighborhood immediately so that appropriate action can be taken.
UPDATE (325 DAY) - BROWN WATER
Mr. Koenig, Public Works Director, provided a Power Point Presentation on the 325-day update for Brown Water (Exhibit #1). He advised members that staff is currently evaluating various funding options for the water system, developing different strategies to address every option available, and has made preliminary presentations to the City Manager. The presentations will be further developed over the next few months and will be part of the Water Utility Budget and Capital Investments Plan.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 1, 2005
The Parks, Recreation, and Community Enhancement Committee met on March 1, 2005 with Chairman Pitts presiding. City Clerk’s Office Note: During the March 14, 2005 Council Meeting, members deferred action on the committee’s recommendations regarding the Ideas of Mayor Speed for Neighborhood Improvements contained in the committee’s report.
Discussion - Ideas of Mayor Speed for Neighborhood Improvements
During the Council Retreat held on January 21, 2005, Mayor Speed proposed consideration of a Homeownership Initiative for the Downtown area, including: monetary incentives; zoning changes to include a new, mixed-use Downtown Zone as specified in the Comprehensive Plan; nuisance property enforcement; transfer tax elimination for first time home buyers; real estate tax abatement in the target area; and, elimination of conversion from Single to Multi-family homes.
Mayor Speed provided a map of the targeted area, from Mary Street to Loockerman Street and Governor’s Avenue to West Street, which he suggested should be concentrated on at this time, and provided information on the following:
A. Monetary Incentives:
1. Extend 1st Time Home Buyer Transfer Tax Exemption to the Seller
Mayor Speed stated that most municipalities currently have a first time home buyer transfer tax exemption in place for the seller and he would like to implement a similar exemption, initially in the target area and then extended Citywide, for the following reasons: 1) the City of Dover is below the national average Citywide in home ownership; and 2) it would prevent problem areas from surfacing in other areas of the City. Had this program been in place in June 2004, the approximate cost would have been $122,000. Mr. Ruane stated tax exemption for the seller seems like a reward for moving out of the City. Responding, Mayor Speed stated that the loss of revenue assumes a static situation and assumes that the process has no effect. An increase in home ownership within the City will result in increased property values, which will increase tax revenues every three (3) years when the reassessment is completed.
The committee recommended extending the first time home buyer transfer tax exemption to the seller in the target area, defined as Mary Street to Loockerman Street and Governors Avenue to West Street.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. It is noted that the recommendation requires the development of an ordinance which will be reviewed by the Legislative, Finance, and Administration Committee.
2. Real Estate Tax Abatement for Home Purchasers in the Target Area
Mayor Speed proposed implementing a real estate tax abatement program for anyone purchasing homes in the target area. This could be accomplished by waiving the property taxes the first year and gradually increasing the percentage of the tax due until the property owner is paying 100% of their tax bill. Responding to Mr. Hogan, Mayor Speed stated that this would include the purchase of homes in the target area and would not be limited to rental properties.
The committee recommended that staff prepare an ordinance which would phase in tax abatement over a period of time, as follows: No taxes in the first year; 25% in the second year; 50% in the third year; 75% in the fourth year; and 100% the fifth year, with the stipulation that the program only be open for five years, after which time it will automatically expire; it was also stipulated that the homeowner would be required to occupy the home until they are paying 100% of the taxes or that they rebate any taxes that they were exempt from and that the area of exemption be defined as being from Mary Street to Loockerman Street and Governors Avenue to West Street.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
3. Partnership to Create Reduced Cost Mortgages in Target Area
Mayor Speed advised members that a partnership was created with the Downtown Dover Development Corporation to create reduced cost mortgages in the target area in an effort to reduce barriers to home ownership, such as qualifying for mortgages.
No further action was taken by the committee at this time.
4. Increase Community Development Downpayment Assistance
Mayor Speed stated that the increase in Community Development downpayment assistance has been implemented.
The committee recommended that Council support priority use of the Community Block Development Grant (CDBG) money in its five year goal plan with the focus being: 1) the Community Development Downpayment Assistance Program; and 2) Rehabilitation.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
B. Zoning Changes:
1. New Mixed Use Zone
Mayor Speed explained that the City’s Comprehensive Plan, which was originally adopted in 1996 and updated in 2003, states that the City of Dover will have a mixed use zone. The idea of this is to deconcentrate rental properties.
It was noted that the Planning and Inspections Department is planning to include the new zoning classification in the Implementation Chapter of the Comprehensive Plan and will be considered by City Council at that time.
2. Eliminate Single to Multi-Family Conversions in RG-1
Mayor Speed stated that the City’s largest concentration of RG-1 zoning, where conversion from single family homes to multi-family homes is permitted, is located in the downtown area. He suggested eliminating conversion in RG-1 only, not RG-2, in order to prevent correcting a problem in one area only to have it move to another area.
The committee recommended that staff prepare an ordinance to eliminate single-family to multi-family conversion in the RG-1 area.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
C. Nuisance Property Enforcement:
Mayor Speed advised members that staff is researching State legislation regarding the handling of nuisance properties, such as those with repeated or continued drug, violence, gambling and prostitution activity.
No further action was taken by the committee at this time.
Community Report - Chairman Pitts
Mr. Pitts provided members some history of downtown Dover, explaining that although the City has made great improvements over the years, there are still more improvements to be made.
During the committee meeting, Ms. Lori James, representing Senator Thomas Carper, advised members that approximately two (2) years ago Senator Carper initiated a pilot housing initiative program, which is managed by the Dover Housing Authority. She noted that although Delaware has a very good home ownership rate nationwide, Kent County has a 52% home ownership rate. Mr. Pitts noted that there are approximately twenty (20) lots, some vacant and some with houses, in the target area that will either be rehabilitated or demolished.
It was noted that the Downtown Merchant’s Association recently submitted a request that the City consider the adoption of an ordinance to address vacant buildings in the downtown area. Members felt that vacant buildings are a problem throughout the City.
The committee recommended that during the next committee meeting, members have a discussion regarding vacant buildings and that the Downtown Merchants Association be invited to participate.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 14, 2005
The Legislative, Finance, and Administration Committee met on March 14, 2005 with Chairman Salters presiding.
Charter Review of the Reincorporation and Conflict with State Law and/or City Policies and Procedures - Adoption of Resolution Requesting General Assembly to Amend City Charter (Amendment to Section 52 of City Charter - Alderman; and Section 53 of City Charter - Police)
During their Regular Meeting of March 7, 2005 (rescheduled from February 28, 2005), City Council reviewed the committee’s recommendation for approval of the proposed Charter changes for the Reincorporation of the City Charter with the stipulation that Section 52, Alderman, remain intact. After much discussion regarding Section 52, Alderman, of the City Charter, members of Council referred the matter back to the committee and requested that Deputy City Solicitor Pepper attend the meeting to allow for due diligence in understanding this issue.
Deputy City Solicitor Pepper referred to his letter, dated February 1, 2005, that was previously submitted providing an explanation of his position on the elimination of the Alderman’s Court. Although it was his opinion that the Alderman’s Court should be retained and made active, in light of the recent legislation, he indicated that Section 52 would require an amendment to provide for the appointment of the Alderman to be accomplished by the Governor and confirmed by the Senate rather than City Council.
It was Mr. Hogan opinion that the few cases that have been cited when the Justice of the Peace Court did not support the City of Dover would not warrant the need to resurrect the Alderman Court; therefore, he suggested that Section 52 of the Charter be eliminated.
Concurring with Mr. Hogan, Mr. Ruane also noted the additional expenses that would be incurred by the City if the Alderman Court was re-activated. He alluded to copies of Alderman Court Task Force Reports that he provided to members and explained that it is evident that the majority of the Alderman Courts that are active are not self-supporting. Mr. Ruane reiterated the grave concern and interest of Representative Wagner regarding the constitutionality and legitimacy of the Alderman Courts and reminded members that Representative Wagner has offered to convene a meeting with the Assistant Chief Magistrate and in the future to assure an understanding of each jurisdiction. She even suggested the possibility of the Magistrates participating in training sessions and conversations with the City Solicitor’s Office as well as the City’s Inspectors so that the City can be assured of an effective, fair, just, and swift justice from the J.P. Courts. Mr. Ruane urged members to consider this as an alternative in lieu of re-establishing the Alderman Court.
In response to Mr. Salters, Mrs. Green stated that there would be no change in her position or current responsibilities if she were no longer appointed to serve as Alderman, explaining that areas of the Charter which refer to the Alderman would be changed to City Clerk.
The committee recommended that Section 52, Alderman, of the City Charter be deleted and that the Council President meet with local representatives to discuss this issue prior to the Regular Council Meeting scheduled for March 28, 2005.
Members also considered a proposal submitted by Police Chief Horvath to amend Section 53, Police, of the City Charter. The proposed amendments would address conflicts with State Law and/or City policies and procedures.
The committee recommended that the changes proposed in the first sentence of Section 53 (lines 962 and 963) not be made, and approval of the changes proposed in the remainder of Section 53 (lines 964 through 976).
The committee recommended adoption of the Resolution requesting the General Assembly to Amend the City Charter as presented and amended.
Council President Williams advised members that as requested, she, along with Mayor Speed, met with Senator Still to review the proposed reincorporation of the City Charter. As a result, he suggested additional amendments, as follows:
1)he - his - him; change throughout to be gender generic
2)change the words “salary” and/or “compensation” where mentioned for elected and appointed officials to “emoluments”
3)3rd paragraph of Section 3, include the words “or as amended by State law” after (1.5%)
4)at the end of Section 32 add the words “as amended”
Responding to Mr. Hogan, Mayor Speed explained that the suggestion for changing the words “salary” and/or “compensation” to “emoluments” would allow for reimbursement of expenses. He also advised members that the definition of emoluments includes both words.
Mr. Salters moved to approve the committee’s recommendation to include the changes as recommended by Senator Still and, by a unanimous roll call vote, Council adopted the following Resolution:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the General Assembly of the State of Delaware is hereby requested that the Charter of the City of Dover be consolidated into one complete Act and in certain respects further amended and revised Subpart A, Charter, Sections 1 through 61, and Subpart B, Related Laws, Sections 1 through 3.
ADOPTED: MARCH 28, 2005
Revised Revenue Manual
Members reviewed the City of Dover 2005-2006 Revenue Manual, which included the top revenue sources, revenue guidelines, inventory of revenue sources, and future potential revenue sources.
During the committee meeting, Mrs. Tieman, Administrative Services Director, explained that the Revenue Manual is an inventory of all the City’s revenues to assist Council, staff, and the public an understanding and ability to track all of the various revenue sources to the City. The manual includes: 1) a list of the top revenue sources over the past three (3) years; 2) guidelines for how often the manual should be updated and different revenues should be reviewed; 3) an inventory of all revenue sources with detailed information on rates, dates established and last reviewed, projection method, collection method, and benchmarks; 4) a list of potential new revenue sources; and 5) indexes for the revenue sources. Based on the established guidelines, she stated that staff has been requested to review certain revenues for updating. If a department wishes to change any of the fees, Mrs. Tieman assured members that they will be presented to Council in advance and then incorporated into the 2006 budget. She welcomed any other ideas that members may have regarding potential revenue sources.
The committee recommended acceptance of the Revised Revenue Manual for 2005-2006.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
State of the City Budget - Mid-Year Review and Proposed Budget Revision Ordinances
Staff presented the State of the City Budget - Mid-Year Review of the 2004/2005 Budget (as on file in the Office of the City Clerk), and proposed budget revision ordinances for the committee’s review. The purpose of the report is to give Council a mid-year depiction of the City’s operating expenses and revenues for all City budgets.
During the committee meeting, Mrs. Tieman, Director of Administrative Services, advised members that it is projected that the General Fund Budget balance will decrease by $11,403 to $2,192,963. This is due to lower than projected revenues in the beginning balance, permits and other licenses, and civil traffic penalties. She assured members that the 8% fund balance requirement will be met. The Water/Wastewater Fund Budget balance is projected to decrease by $853,823 to $1,276,972, which is primarily due to revenue estimates being revised downward to reflect actual results. The Electric Fund Budget balance will decrease by $55,200 to $3,466,290, which is the result of increased costs associated with the need to install infrastructure due to new construction in the City. In reviewing the revised budgets this year, Mrs. Tieman stated that it has been necessary to increase gasoline expenses budgets to reflect actual expenses throughout the City’s department budgets, totaling an additional $71,463. Because of the lower than anticipated revenues in the General Fund and the Water/Wastewater Fund, staff did not recommend the sweeping of the salary accounts into the post-retirement benefits reserve at this time. If additional revenues are realized or expenses are reduced in the remainder of the year, the sweeping of the salary accounts would occur at that time.
Mrs. Mitchell, Finance Director/Treasurer, submitted proposed budget revision ordinances that would incorporate the recommended adjustments to the budget balances into the fiscal year 2005 Budget. She noted that the ordinances only reflect changes to affected budgets and does not include all budgets. Staff recommended adoption of the proposed budget revision ordinances as presented.
The committee recommended adoption of the budget revision ordinances as recommended by staff.
Mr. Hogan 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).
Revised Hospitality Policy
Mrs. Mitchell, Finance Director/Treasurer, submitted a revised Hospitality and Civic Function Policy for the committee’s review. She explained that the revisions simplify the policy, eliminate ambiguity, and will help resolve interpretation issues.
The committee recommended adoption of the Revised Hospitality Policy.
Mr. Ritter relayed concern with the revised Hospitality Policy, noting that the Policy was just developed last year, that a lot of effort was put into its development, and that it has been reduced to a one (1) page document. It was his feeling that if Council approves the revised policy, they will be losing control and responsibility for their constituents’ money.
Mr. Carey moved for adoption of the Revised Hospitality Policy (Exhibit #1), as recommended by the committee, seconded by Mr. Pitts and carried by a roll call vote of seven (7) yes, and two (2) no (Mr. Ritter and Mr. Ruane).
Proposed Resolution - Investment Post-Retirement Medical Benefits
Mrs. Mitchell, Finance Director/Treasurer, indicated that the City currently has appropriated $2.3 million for post-retirement medical benefits in preparation for the upcoming accounting requirement (GASB 43). These funds are currently invested in the City’s fixed income investment portfolio with Wilmington Trust Company with a current average annual yield of 3.3%.
Mrs. Mitchell advised members that the State of Delaware created an investment pool for local governments (DELRIP) and that the State Public Employment Retirement System (PERS) annualized total returns for FY2004 was 15.9%. Relative to other public pension funds, the ranking of the System’s performance is above the median for the latest fiscal year, in the top 25% over the last five (5) years, and in the top 10% over the last ten (10) years. In order to attain a more favorable return and growth of the fund, Mrs. Mitchell recommended transferring the invested assets and adoption of a Resolution authorizing the investment of the City’s Post-Retirement Medical funds in the State of Delaware Local Government Retirement Investment Pool.
The committee recommended adoption of the Resolution as recommended by staff.
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:
WHEREAS, in 1996 the Delaware General Assembly approved the creation of an investment pool for the local governments of the state; and
WHEREAS, authorized by Title 29, Chapter 83 of the Delaware Code, the Delaware Local Retirement Investment Pool establishes an investment program tailored to the needs of such organizations; and
WHEREAS, it would be in the best interest of this organization to deposit funds in the investment pool when deemed advisable by those responsible for such decisions; and
WHEREAS, the State Board of Pension Trustees is committed to using and sharing their resources to provide the best possible financial support and services to all local governments throughout the State of Delaware.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET that on this 28th day of March in the year 2005, the Mayor and Council of the City of Dover agree to authorize the investment of funds in the Delaware Local Government Retirement Investment Pool; and
BE IT FURTHER RESOLVED, that the authorization to participate in this program does not obligate this local government to participate, but it allows participation in the pool voluntarily as deemed appropriate for the best interest of this local government.
ADOPTED: MARCH 28, 2005
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - MARCH 14, 2005
The Utility Committee met on March 14, 2005 with Chairman Carey presiding.
Maximizing Dover’s Connectivity Infrastructure
In June 2004, the City's Information Technology Long-Range Plan recommended that the City investigate leveraging its fiber optic network. It also recommended that Dover leverage that network to deploy a Citywide voiceover Internet telephone system provider and use of wireless, which is not currently available. There are 30 miles of fiber optic cable that has been installed in the City, but only two (2) City departments are taking advantage of this tremendous bandwidth capacity. It is staff’s belief that the City is utilizing this network at about ten percent (10%) of its capacity. Other cities across the country have taken advantage of their fiber optic networks to reduce telecommunication expense and increase work force efficiency.
Mrs. Tieman, Director of Administrative Services, advised members that staff would like to re-examine the City’s franchise fee agreement due to the expanded cable service offerings in our area. Specifically, Verizon has expressed its intentions about offering cable in our area. Staff would also like to examine the opportunity of collecting additional franchise fees from non-participating utilities that are doing business within the City's limits, such as Conectiv and Delaware Electric Cooperative, which is becoming an issue as the City annexes property. In light of the 1996 Telecommunication Act, which created new standards for joint use of utility poles, staff would like to revisit the City’s pole attachment fees and attachments for all users. Mrs. Tieman reviewed and explained the goals for the studies.
As a result of the recent City Council Retreat, she assured members that staff is not proposing the study of broadband options such as cable television or Internet service that would compete with private providers. Staff recommended that the City Manager be authorized to issue an RFP for professional services to assist the City in maximizing the use of its fiber optic system, voice over Internet telephone system provider, franchise fee review, and pole attachment agreement.
The committee recommended that the City Manager be authorized to issue an RFP as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 15, 2005
The Parks, Recreation, and Community Enhancement Committee met on March 15, 2005 with Chairman Pitts presiding.
Proposed Ordinance Amendments - Update of Codes - Chapter 5, Building and Building Regulations and Chapter 10, Housing and Property Maintenance
At the request of staff, members reviewed various proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance. Mr. Grant Pritchard, Chief Building Inspector, advised members that staff also recommended adoption of the latest edition of The International Property Maintenance Code, 2003 (IBC), with slight modifications. Mr. Pritchard noted that the IBC is a complete set of codes used to regulate the built environment. He also noted that the City is currently using the 1999 IBC and it is referenced throughout the Dover Code.
Mr. Ruane suggested that Section R114 - Stop Work Order - be amended to read “and no less than $1000.00 and no more than $10,000.00 . . .". and that Section 108.5 - Stop Work Order - be amended by striking “to perform” to read “. . . except such work as that person is directed to remove a violation or unsafe condition, . . .”.
The committee recommended approval of the proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance, as amended.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
Discussion - Vacant Buildings
The Downtown Dover Merchants Association requested consideration of amendments to Chapter 5 of the Dover Code with regard to vacant buildings to include the following: 1) Vacant Buildings in the BID District be subject to the same code as occupied buildings; 2) A vacant building in the BID Tax District be subject to “Vacancy Registration Fees”. There is precedent for this in Wilmington DE (Annual Registration and Vacant Building Fees, Wilmington Ordinance 03-019). Properties are deemed vacant if “No person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building (Wilmington City, Chapter Four, City Code Section 4-27,125.0(b)(1)(F); and, 3) This ordinance would be enforced by the City of Dover Planning and Inspections. Registration fees and fines could be used to fund additional inspectors for enforcement and therefore be virtually self supporting.
As a result, staff provided members with a draft outline of a possible Vacant Building ordinance modeled on the City’s existing ordinance and several ordinances obtained from other communities.
Mr. Galvin advised members that once the framework is determined, the City Solicitor would be requested to prepare the draft ordinance. Mr. DePrima requested feedback on the following items for consideration when preparing the ordinance: a range of penalties, a time frame in which a building would be considered vacant, monitoring permits and fees, and property exemptions.
Mr. Slavin suggested that members carefully consider what the definition of “vacant” will be so that they do not alienate good property owners who have done everything possible to rent their properties. He also reminded members that many buildings with first floor vacancies have fully functional and occupied apartments on the floors above them. Mr. Hogan stated that he liked the examples from California and Wilmington. He noted that the ordinance would need to have penalties in order for it to be enforceable; however, it should also take into consideration those owners that are actively trying to rent their buildings. Mr. Anderson reminded members that there could be situations beyond the owners’ control, such as the property being in probate, a military owner which has been deployed, or a property which is on the market for sale. He did not feel that penalties or fees should be applicable in those situations.
The committee deferred this matter for further consideration during a meeting which is dedicated to this item in order to allow time for interested parties, such as the Downtown Dover Merchants Association to participate.
No further action was taken by Council.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
SAFETY ADVISORY & TRANSPORTATION COMMITTEE REPORT - MARCH 16, 2005
The Safety Advisory and Transportation Committee met on March 16, 2005 with Chairman Ritter presiding.
Update - DelDOT Projects (Gary Laing)
Due to the absence of Mr. Gary Laing, DelDOT Municipal Liaison, the Update on DelDOT Projects was not provided.
Proposed Ordinance Amendments - Chapter 4.5 - Bicycles
During the review of the Dover Code, Chief Horvath and Major Harding suggested that Chapter 4.5, Bicycles, be amended to bring it up-to-date and have it be more realistic as far as enforcement issues are concerned. Members reviewed the proposed ordinance amendments and, although there was not a quorum, it was the consensus of members present that the proposed ordinance amendments be forwarded to Council for consideration.
There was no further action taken by Council at this time. (The First Reading of the ordinance will take place during the latter part of the meeting).
Review of Existing Common Street Names
At the request of Councilman Ritter, Fire Chief Bashista composed a list of street, development, and apartment names that could be confusing to dispatchers and first responders during an emergency. Although staff did not suggest changing any of the current names, they recommended that more attention be paid to these concerns in the future.
Members reviewed the list and it was the consensus of members present that more attention should be paid to the naming of streets, developments, and apartments in the future. No further action was recommended.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
MONTHLY REPORTS - FEBRUARY 2005
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
REZONING REQUEST/FIRST READING - BAY ROAD, OWNED BY DELAWARE INDUSTRIAL ENTERPRISES
A request was received to rezone property located on the east side of Bay Road (intersectin of Route 113 and Puncheon Run Connector), consisting of 38.12 acres. The property is currently owned by Delaware Industrial Enterprises (Equitable Owner is Stover Homes, Inc.). The property is currently zoned C-4 (Highway Commercial) for 3.80+/- acres and IPM (Industrial Park Manufacturing) for 34.32+/- acres and the proposed zoning is C-4 (Highway Commercial) for 5.30+/- acres and IPM (Industrial Park Manufacturing) for 32.82+/- acres.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Sadusky, Council referred the request to the Planning Commission on April 18, 2005 and set a public hearing for May 23, 2005 at 7:30 p.m. (Mr. Ruane not voting). The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EST SIDE OF BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEON RUN CONNECTOR), CONSISTING OF 38.12 ACRES.
COMPREHENSIVE REZONING (PROJECT 2005) REQUEST/FIRST READING
In September 2003, City Council adopted the Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has been certified by the State of Delaware. Mr. Galvin advised members that a series of Plan Amendments to the Comprehensive Plan Update 2003 have been prepared which includes a Comprehensive Rezoning Project 2005.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Carey, seconded by Mr. Pitts, Council unanimously referred the request to the Planning Commission (May 2, 2005 at 7:00 p.m., Special Planning Commission Meeting) and set a public hearing for Tuesday, May 17, 2005 at 7:00 p.m. at a Special City Council Meeting. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE COMPREHENSIVE PLAN UPDATE 2003.
COMPREHENSIVE PLAN AMENDMENTS - SETTING OF PUBLIC HEARINGS
In September 2003, City Council adopted the Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has been certified by the State of Delaware. Mr. Galvin explained that a series of Plan Amendments to the Comprehensive Plan Update 2003 have been prepared which includes Land Development Plan Revisions, Annexation Plan Revisions, and Implementation Plan Revisions, as follows:
Land Development Plan Revisions (Map 11-1 and Chapter 11)
Chapter 11: The Land Development Plan discusses the future land development and land uses for properties with the City. It includes the Land Development Plan Map (Map 11-1) which outlines the future development of land in the City be depicting a land use type category for each parcel of land. These land use categories include Residential, Mixed Use, Commercial, Institutional, Office Parks, Industrial, Open Space, Agriculture, etc. During the review process for the Comprehensive Rezoning Project 2005, items in the Land Development Plan were identified as needing to be addressed, which has resulted in recommended changes to the Land Development Plan Map. These changes occur for many reasons, including the following: the results of approved rezoning applications including minor variations, perceived mapping errors, the ability for zoning classifications to comply in multiple land use type categories, updated data in specific areas, and planning visions for specific areas. For this amendment, the recommended changes will be depicted on a map and listed in a summary table. A narrative will also provide information on the review process.
Annexation Plan Revisions (Map 12-1 and Chapter 12)
Chapter 12: The Annexation Plan, as approved in the adopted Comprehensive Plan Update 2003, anticipated an amendment to include the results of the Cost/Revenue Analysis Study for the potential annexation parcels and any changes to the Plan based on the results. The consultants hired by the City developed a methodology for assessing the costs and revenues for a series of properties depicted on the