regular council meeting a g e n d a...the l egislative, financ e, and a dminist ration committ ee me...

REGULAR COUNCIL MEETING

A G E N D A

March 14, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover

OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)

INVOCATION BY CHAPLAIN WALLACE DIXON

PLEDGE OF ALLEGIANCE

AGENDA ADDITIONS/DELETIONS

* CONSENT AGENDAThose items on the Council Agenda which are considered routine and non-controversial shall be markedwith an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be noseparate discussion of these items unless a member of Council so requests, in which event the matter shallbe removed from the Consent Agenda and considered a separate item.

* 1. Adoption of Minutes - Regular Council Meeting of March 7, 2005 (Rescheduled from February 28, 2005)

2. Presentation to Councilman Salters - GFWC Federation Guild - Mrs. Trisha Rodriguez

3. Presentation - Certificate of Achievement for Excellence in Financial Reporting -Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2003

4. State of the City Budget

5. Legislative, Finance, and Administration Committee Report - March 7, 2005 A. Comprehensive Annual Financial Report for Year Ended June 30, 2004

6. Parks, Recreation, and Community Enhancement Committee Report - March 1, 2005* A. Civic Center Update

B. Discussion - Ideas of Mayor Speed for Neighborhood Improvements:b-1. Extend 1 Time Home Buyer Transfer Tax Exemption to the Sellerst

b-2. Real Estate Tax Abatement for Home Purchasers in the Target Area* b-3. Partnership to Create Reduced Cost Mortgages in Target Area

b-4. Increase Community Development Downpayment Assistance* b-5. New Mixed Use Zone

b-6. Eliminate Single to Multi-Family Conversions in RG-1* b-7. Nuisance Property Enforcement

* C. Community Report - Chairman Pitts

Council AgendaMarch 14, 2005

* 7. Annual Report - Planning and Inspections Department

8. Evaluation of BidsA. Puncheon Run Interceptor Sewer Extension - Engineering Services Agreement (Design)B. Wellhead Redevelopment Program - Additional Work Request

* 9. Human Relations Commission Appointments - Recommendation of Council PresidentA. Mr. Gregory J. Bunkley - 3 Year Term Expiring 2/2008 (reappointment)

B. Dr. Phyllis Edamatsu - 3 Year Term Expiring 2/2008 (reappointment)

C. Ms. Prameela D. Kaza - 3 Year Term Expiring 2/2008 (reappointment)

D. Ms. Audrey Daniels - 3 Year Term Expiring 2/2008 (to fill expired term of Dr. Peter A. Oldziey)

* 10. Human Relations Commission Appointments - Recommendation of Mayor SpeedA. Roy Sudler, Jr. - 3 Year Term Expiring 2/2008 (reappointment)

11. Final Reading - Proposed OrdinancesThe First Reading of the following proposed ordinances was accomplished during the CouncilMeeting of March 7, 2005. Copies of the proposed ordinances are available at the entrance ofthe Council Chambers .

A. Chapter 7 - Fire Prevention and Protection, Article I - In General, Section 7-7 -Sprinkler Requirements

12. Council Members Comments

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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGETO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 7, 2004 at 7:30 p.m. with Council PresidentWilliams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin,Mr. Ritter, Mr. Hogan, and Mr. Ruane. Mr. Salters was absent.

Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, ThirdAssistant Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and MayorSpeed.

OPEN FORUMThe 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 thatCouncil 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/DELETIONSMr. Carey moved for approval of the agenda as presented, seconded by Mr. Sadusky andunanimously carried.

Mr. Hogan requested the removal of item #4A - Presentation of Pension Actuary Valuation as ofJuly 1, 2004 from the consent agenda.

Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Saduskyand carried by a unanimous roll call vote (Mr. Salters absent).

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 14, 2005The Minutes of the Regular Council Meeting of February 14, 2005 were unanimouslyapproved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approvalof Mayor Speed.

PROCLAMATION - EMPLOYEE APPRECIATION DAYMayor Speed read the following Proclamation into the record:

WHEREAS, the City of Dover employees work diligently for all of our citizens; and

WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work,to promote Community Excellence Through Quality Service; and

WHEREAS, it is due to the high productivity and accomplished efforts of our employees that thecitizens of Dover are able to enjoy some of the lowest utility and tax rates in this region; and

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 2

WHEREAS, the City of Dover values its employees, recognizing that every member of the workforce - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integralpart of the day-to-day operations of the City of Dover; and its success is due largely to the pride andefforts of its employees.

NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do herebyproclaim Friday, March 11, 2005, as CITY OF DOVER EMPLOYEE APPRECIATION DAY inrecognition of the dedication and hard work of all City of Dover employees, and request that allcitizens participate in this event by taking a moment to thank a City of Dover employee for theiroutstanding service to our community.

PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 20S. GOVERNORS AVENUE (DORIS A. COOPER AND OTHERS)A public hearing was duly advertised for this time and place to consider a violation of the DangerousBuilding Ordinance at 20 South Governors Avenue, owned by Doris A. Cooper (Harry Driggus) andothers. Mr. Pritchett, Chief Building Inspector, stated that the property was declared dangerous onMarch 25, 2004 and that it has been abandoned for more than three (3) months. Deterioration of thebuilding is being accelerated by weather and lack of maintenance. The property consists of a twostory frame single family house. Mr. Pritchett showed slides depicting the condition of the structure.

Staff recommended that the property located at 20 S. Governors Avenue be: 1) declared asdangerous; 2) order the property repaired or demolished by March 24, 2005 by the owner or equityowner at their own risk; 3) order the building inspector to cause the repair or demolition of thestructure if not completed by the owner or equity owner within the (10) days of the date set byCouncil; and 4) order the City Manager with the assistance of the City Solicitor to cause the cost ofrepairs or demolition to be charged against the land on which the building exists as a municipal lienor cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special taxagainst the land upon which the building stands or to be recovered in a suit at law against the owner.

Mr. Pritchett indicated that the demolition cost is estimated at $8,000 to $10,000.

Council President Williams declared the public hearing open. There being no one present wishingto speak, Council President Williams declared the public hearing closed.

It was noted that since this public hearing was originally scheduled for February 28, 2005, which wasrescheduled for this time and place due to inclement weather, the date of March 24, 2005 should beextended to April 7, 2005 to provide for adequate time for the property owner or equity owner torespond.

Mr. Pitts moved that the structure located at 20 S. Governors Avenue be declared a dangerousbuilding and subject to demolition, as recommended by staff, stipulating that the date of theorder be extended to April 7, 2005 for the repair or demolition by the owner or equity ownerat their own risk. The motion was seconded by Mr. Carey and carried by a unanimous rollcall vote (Mr. Salters absent).


LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -FEBRUARY 14, 2005The Legislative, Finance, and Administration Committee met on February 14, 2005 with ChairmanSalters presiding. In the absence of Mr. Salters, the committee’s report was presented by Mr. Slavin.

Presentation of Pension Actuary Valuation as of July 1, 2004Members of the committee were provided with a Summary of the General Employees and PolicePension Plans Actuarial Valuation as of July 1, 2004, as well as a four (4) year investmentperformance of the plans, as prepared by Pike Associates. Based on this valuation, the recommendedcontribution for the General Employees Pension Plan is 23.59% of covered payroll. This is anincrease of 2.07% over the prior year’s valuation of 21.52% of covered payroll. The principal reasonfor the increase is the recognition of a portion of the prior three (3) years’ investment losses. Therecommended contribution for the Police Pension Plan is $533,486, a decrease from the prior year’scontribution of $538,271. It was noted that police officers that were hired after September 1, 1982will retire from the State of Delaware Police Pension Plan.

The committee recommended acceptance of the Pension Actuary Valuations as presented.

Mr. Hogan expressed his concerns regarding the City’s struggle to address the unfunded pensionliability. Although staff has been actively addressing the issue by developing new investmentstrategy, he suggested that the City needs to make an extra effort to do more in the way of reducingthe unfunded pension liability further.

Mr. Slavin moved for approval of the committee’s recommendation for acceptance of thePension Actuary Valuations as presented by Pike Associates, seconded by Mr. Hogan andunanimously carried.

Recommendation of Civilian Pension Board - Cost of Living Adjustment (COLA)Members considered a recommendation of the Civilian Pension Board (Meeting of January 26, 2005),that a 2% Cost of Living Adjustment (COLA) increase be given to retirees on July 1, 2005. The lastCOLA was provided on July 1, 2003 for those who retired on or before December 31, 2002 at therate of 1.5%. It was noted that after the Pension Board Meeting, several members of the Board hadindicated that the motion should have stipulated that the COLA would be given to those that retiredprior to December 31, 2004.

The committee recommended that a 2% Cost of Living Adjustment (COLA) be given to retirees onJuly 1, 2005 for those that retired prior to December 31, 2004.

Responding to Mr. Hogan, Mrs. Mitchell advised members that the City’s Actuary has estimated anadditional 0.49% of covered payroll as the impact of granting current retirees a 2% COLA, whichstaff would include in the 2006 Budget if approved.

Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Careyand carried by a unanimous roll call vote (Mr. Salters absent).


Investment Policy ReviewMrs. Mitchell, Finance Director/Treasurer, presented a revision to the Investment Policy that wouldamend Section 7.10 by allowing for the City’s Post-Retirement Benefits Fund to be invested in theDelaware Local Government Retirement Investment Pool (DELRIP).

The committee recommended adoption of the revision to Section 7.10 of the Investment Policy asrecommended 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 (Mr. Salters absent).

Proposed Charter Changes - Reincorporation of City CharterThe last reincorporation of Dover occurred in 1929 and since that date, the Charter has beenamended a multitude of times, resulting in a legal researching nightmare in determining the mostcurrent provisions of the Charter. The reincorporation would result in a concise, single completedocument from which to operate. In January 2003, members of Council adopted a Resolutionrequesting the General Assembly of the State of Delaware to reincorporate the City of Dover.H.B. 59 was introduced to the 142 General Assembly; however, it was referred to a committee andnd

never received final consideration.

Members of City Council have continued to have discussions regarding additional amendments tothe City Charter. Since no action was taken with regards to the City’s request for reincorporation,during a Special Meeting of the Legislative, Finance, and Administration Committee ofNovember 9, 2004, members suggested that staff review the City Charter for the purposes ofidentifying any discrepancies or conflicts with existing State law or City policies and practices fora report back in 90 days. As requested, the City Clerk, City Manager, and FinanceDirector/Treasurer reviewed the Charter and consulted other department heads for possibleamendments. Mrs. Green, City Clerk, presented draft Charter revisions (depicting proposedamendments by bold italics (blue) for inserts, (red) strike-outs for deletions, and bold (green) italicsfor notes and comments. Based on discussions during the Special Committee Meeting ofNovember 9, 2004, the Deputy City Solicitor submitted a letter explaining his position on theelimination of the Alderman’s Court. It was noted that based on the direction of the committee, theproposed Charter revisions include the elimination of the Alderman’s Court.

Mr. Ruane noted that according to Section 53, the police force shall be chosen and appointed by theMayor. Although the Mayor appoints the Police Chief, he does not hire/fire police officers. Hesuggested that the Section be amended to coincide with the Code. As a result of concerns that theCharter is in conflict with the Police Officers’ Bill of Rights, it was suggested that the City Solicitorreview Section 53 for possible amendments.

Mr. Ruane advised members that there would be additional costs involved with the reactivation ofthe Alderman Court; therefore, he did not feel that this would be a solution to the problem. Hesuggested that in order to rectify any problems we may have with the Courts’ review of City Codeviolations, the City should visit and address these concerns with the magistrates of the courts.


The committee recommended approval of the proposed Charter changes for the Reincorporation ofthe City Charter with the stipulation that Section 52, Alderman, remain intact to be further reviewedby the City Clerk and City Solicitor for possible amendments to be presented to Council. It wasnoted that approval of the committee’s recommendation will require adoption of the Resolutionrequesting the General Assembly to Reincorporate the City Charter as amended.

As a result of the committee’s recommendation, members were provided revisions to the Charterrelative to the amendment to Section 52, Alderman.

Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Sadusky.

Referring to Section 52, Mr. Ruane reminded members that the purpose of the reincorporation wasto provide the opportunity for the Charter to be amended in areas were there were conflicts withexisting State law or City policies and practices. In this recognition, the proposal submitted to thecommittee by staff eliminated Section 52, Alderman, which suggests that the City have an AldermanCourt. Mr. Ruane noted that issues that would involve the Alderman Court is currently beinghandled through the Justice of the Peace Court; therefore, he felt that Section 52 should beeliminated from the City’s Charter otherwise, there would be a conflict with current laws andpractices.

Mr. Ruane explained that in developing their recommendation, the committee was not privy toinformation that has recently been received, as follows:

1) SB 228, signed by the Governor on June 24, 2004 to become effective one yearfrom its enactment, re-emphasizes the redundancy of Section 52 of the Charter,stating that “all judges of this State or any of its subdivisions shall be appointedby the Governor by and with the consent of the majority of all members electedto the Senate for such terms as shall be fixed by the constitution or state law”.Should Council approve the committee’s recommendation by maintainingSection 52 as presented, Mr. Ruane stated that the City would, in effect, becountering what has been legislated in terms of appointments. Minimally,Council would be required to amend Section 52 if it is decided to be maintained.

2) There has been research done by groups which indicate that the continuation ofAlderman Courts are, in effect, unconstitutional. Mr. Ruane advised membersthat as a result, the 142 General Assembly passed a HR 41, which providesnd

history of this issue. He indicated that the Resolution states that in 1999, a studyof the Delaware Alderman Courts was undertaken by a subcommittee of theLong-range Courts Planning Committee, and the findings of that were that theconstitutional authority of Alderman Courts under Article IV of the DelawareConstitution is subject to question. It was the opinion of this subcommittee thatAlderman Courts are most likely unconstitutional. Following up in 1992, anadditional study of the Alderman Courts was completed by the Alderman StudySubcommittee of the Long-range Courts Planning Committee and concurred withthe 1990 study re-affirming the conclusion that the constitutional authority ofAlderman Courts is extremely questionable and led to the Delaware Supreme


Court’s decision State versus Wilson. In May 1994, the Commission onDelaware Courts 2000 issued a final report stating that the jurisdiction of theAlderman Courts should be transferred to the Justice of the Peace System andagreed that the constitutionality of the Alderman Courts is extremelyquestionable.

Mr. Ruane questioned why, in light of this information, the City of Dover would want to continueincluding in its Charter, the Alderman. As such, he felt there is ample evidence to support anamendment to the committee’s recommendation.

Mr. Ruane moved to delete Section 52 and related sections that suggest that the City of Dover hasan Alderman’s Court of the City Charter from the Reincorporation Legislation that will be forwardedto the General Assembly for amending the City Charter. The motion was seconded by Mr. Hogan.

Responding to Mr. Hogan, it was the opinion of the City Solicitor Rodriguez that an Alderman isconsidered a judge; therefore, if Section 52 were to remain in the City Charter, it would be necessaryto amend it in order for the City to comply with State law. He reminded members that Deputy CitySolicitor Pepper was very adamant about maintaining the Alderman in the City Charter.

For clarification purposes, Mr. Hogan stated that although there is reference of an Alderman, thereis no mention of an Alderman Court in the City’s Charter.

If Section 52 was amended to comply with State law, Mr. Hogan questioned if the Alderman wouldhave the necessary authority and if the Governor would even make such appointments.

Responding, City Solicitor Rodriguez stated that the general consensus is that both the judiciary andGeneral Assembly opposes the City having an Alderman Court.

Mr. Ritter suggested that this matter be referred back to the committee for consideration of amendingSection 52 to comply with State law.

Mr. Ruane also noted concerns with comments regarding the Justices acting on behalf of the Cityof Dover and that he has requested historical information to substantiate these claims, which has notbeen provided to date. However, if there are problems, he explained that he City can approach theadministrator of the Courts along with Representative Wagner, who has a keen interest in this matterand has indicated a willingness to assist the City with any concerns, and convene those magistratesin our jurisdiction and require them to be oriented, be more responsible, and more educated on theCity’s Code so that the City is provided all due and proper service by that court.

The motion to delete Section 52 and related sections that suggest that the City of Dover has anAlderman’s Court of the City Charter from the Reincorporation Legislation that will be forwardedto the General Assembly for amending the City Charter failed by a roll call vote of five (5) yes andthree (3) no (Mr. Hogan, Mr. Ruane, and Mrs. Williams) (Mr. Salters absent).


Mr. Slavin moved to withdraw his motion for the purpose of referring this matter back to theLegislative, Finance, and Administration Committee and requesting that Deputy City SolicitorPepper attend the meeting to allow for due diligence in understanding this issue. Theseconder, Mr. Sadusky concurred, and the motion was carried by a unanimous roll call vote(Mr. Salters absent).

By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, andAdministration Committee Report, seconded by Mr. Sadusky and carried by a unanimous rollcall vote (Mr. Salters absent).

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT -FEBRUARY 16, 2005The Safety Advisory and Transportation Committee met on February 16, 2005 with Chairman Ritterpresiding.

Update - DelDOT Projects (Gary Laing)Mr. Gary Laing, DelDOT Municipal Liaison, provided the committee with the following updates: Traffic Loop - Delaware State University/Dover Mall/Dover Downs There have been discussions of a traffic loop for Delaware State University, Dover Mall, and DoverDowns, including expansion plans of the involved parties. Discussions have also begun on how toalleviate traffic conditions, especially on Route 13. DelDOT has requested the owners of the DoverMall to provide a proposal on how their expansion will incorporate ways of alleviating trafficconditions on Route 13.

West Dover Connector ProjectA West Dover Connector working group meeting is scheduled for Wednesday, March 23, 2005 at4:30 p.m. at the Modern Maturity Center. The group will discuss the information from theWorkshop that was held in November 2004.

Rodney Village Civic AssociationDelDOT will be represented at the meeting of the Rodney Village Civic Association being held nextweek. Leadership has changed within this organization and DelDOT is addressing the organization’smisconceptions of DelDOT projects and hopes to clarify matters at this meeting.

Traffic Signalization ProjectsThe Traffic Signalization Project is well underway.

Walker Road Project ConstructionConstruction on the Walker Road Project will resume in the spring.

Mr. Ritter requested Mr. Laing to provide members with an update on the Traffic Studies -SR1/Route 8 and East Dover Housing Development Projects and South Governors Avenue at theMarch 16, 2005 meeting. Mr. Ruane requested that the committee also be given an update on thetop three (3) transportation projects that were sent to Secretary Hayward on January 26, 2005.


Proposed Ordinance Amendments - Section 7-7 - Fire Prevention (Sprinklers)During their meeting of January 12, 2005, the City’s Fire Marshal, Mr. Truax, provided aPowerPoint Presentation of recommended Code amendments related to fire suppression. As a result,Mr. Truax, presented proposed ordinance amendments to create a new Section 7-7 - Fire Prevention(Sprinklers) to the Dover Code. He advised members that the State Fire Marshal’s Office hasreviewed and supports the proposed ordinance amendments. Also, the Chamber of Commerceparticipated in the development of the ordinance and supports the amendments.

Due to the lack of a quorum, there was no recommendation forwarded by the committee.

At the request of Mr. Ritter, Mr. Truax briefed members on the proposed ordinance amendment,explaining that it would create a new Section specifically to address sprinkler requirements.

Mr. Ritter moved for approval of the proposed ordinance amending Section 7-7 of the DoverCode, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinancewill take place during the latter part of the meeting).

Resident Concerns - Loud Car Bass Music, Loitering, Noise, and Suspicious Rentals(Eric O’Brien)Mr. Eric O’Brien, 30 North New Street, discussed with members his concerns of the quality of lifesurrounding his residence. He noted problems of loitering, prostitution, and criminal activity thatcontinues to go on after bringing this to the City’s attention for the past thirteen years. Mr. O’Brienread a letter to members and advised members that on April 29, 2004, a ninety page report wassubmitted to the Human Relations Commission and they continue to ignore his request. Mr. O’Brienrequested that Mr. Ritter forward a copy of his Human Relations Commission Intake Form, withattached notes, to Mr. John Kotzun, Chairman of the Human Relations Commission.

Mr. Ritter thanked Mr. O’Brien, and stated that the City of Dover is working diligently to makeimprovements; however, it does take time. He stated that a letter had been sent to the State ofDelaware requesting that the General Assembly consider the passage of legislation to prohibit theinstallation of loud-sounding stereo systems and the committee recommended to Council that fournew officers be hired for the Quality of Life Task Force.

By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory andTransportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous rollcall vote (Mr. Salters absent).

MONTHLY REPORTS - JANUARY 2005By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports wereaccepted by consent agenda (Mr. Salters absent):

Budget ReportChief of Police ReportCity Assessor ReportCity Clerk/Alderman Report (Fines)


City Manager's ReportMayor's ReportPlanning and Inspections ReportRobbins Hose Company No. 1 Report

ANNUAL REPORTS - FIRE DEPARTMENT AND POLICE DEPARTMENTBy consent agenda, Mr. Carey moved for acceptance of the Annual Reports of the FireDepartment and the Police Department (as on file in the Office of the City Clerk), seconded byMr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).

FIRST READING - PROPOSED ORDINANCEIn accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of theRezoning Ordinance as read by the City Clerk, by title only, as follows:

Chapter 7 - Fire Prevention and Protection, Article I - In General, Section 7-7 -Sprinkler Requirements (Safety Advisory and Transportation Committee)

REZONING REQUEST/FIRST READING - 585 FOREST STREET, 111 SOUTH WESTSTREET, AND 122 SOUTH KIRKWOOD STREET, OWNED BY ROBERT M. DUNCANA request was received to rezone property located on the north side of Forest Street between SouthWest Street and South Kirkwood Street, being 585 Forest Street, 111 South West Street, and 122South Kirkwood Street, owned by Robert M. Duncan. The properties are currently zoned C-3(Service Commercial) and C-2 (Central Commercial) and the requested zoning is C-1A (LimitedCommercial).

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing isrequired.

By motion of Carey, seconded by Sadusky, Council unanimously referred the request to thePlanning Commission on March 21, 2005 and set a public hearing before City Council forApril 11, 2005 at 7:30 p.m. The First Reading of the following proposed ordinance wasaccomplished by title only:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THECITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATEDAT 585 FOREST STREET, 111 SOUTH WEST STREET, AND 122 SOUTH KIRKWOODSTREET.

COUNCIL MEMBERS COMMENTSMr. Ruane commended the City Chaplain, Reverend Wallace Dixon, who was recently presentedwith the AGAPE Award at a banquet held on March 5, 2005 at the Modern Maturity Center. Henoted that such an award indicates the commitment of the recipient to family and community.

Responding to Mr. Sadusky, Mr. DePrima stated that although he felt it was too early to provide anopinion on his new hybrid vehicle, it is currently achieving 21 miles to the gallon in town.


Mr. Carey moved for adjournment, seconded by Mr. Sadusky, and unanimously carried.

Meeting Adjourned at 8:21 P.M.

JANICE C. GREENCITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting ofMarch 7, 2005, are hereby approved.

STEPHEN R. SPEEDMAYOR

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A Mid-Year Review of 2004/2005 City of Dover Budgets

March 14, 2005

Anthony J. DePrima, City ManagerDonna S. Mitchell, Finance Director

Teresa A. Tieman, Admin. Services Director

Introduction

The purpose of this report is to give City Council a mid-year picture of our operating expenses and revenues for all City budgets. This should be considered a proactive exercise so that Council can take necessary actions to adjust our budgetary behavior if necessary. This is the fourth State of the Budget Report given to City Council. It is a substitute for the “across the board” mid-year budget amendments that have been done in the past. Overall, the report projects that the General Fund Budget Balance will decrease by $11,403 to $2,192,963. This is due to lower than projected revenues in Beginning Balance, Permits and Other Licenses, and Civil Traffic Penalties. The fund balance meets the eight percent fund balance requirement. The combined Water/ Wastewater Fund Budget Balance is projected to decrease by $853,823 to $1,276,972. This decrease is primarily due to revenue estimates being revised downward to reflect actual results. The Electric Fund Budget Balance will also decrease by $455,200 to $3,466,290. The decrease in fund balance reflects an increased transfer to the Improvement and Extension Fund for increased costs associated with new construction developments.

Our “Manage to the Budget” philosophy continues to be successful. The City Manager and Finance Director continue to monitor budgets closely. Operating expenditures that exceed budget line items are not being approved without internal budget amendments being done first. By internal budget amendments, we mean moving budgeted funds from one account to another within the department’s budget in accordance with the budget policy. If internal budget amendments cannot cover the additional expense, then inter-departmental transfers are considered. Finally if the increase is critical enough, the City Manager and Finance Director will propose amendments through this report.

As would be expected, there are variances, both negative and positive, to our current budget. It is important to note that a conservative approach was used in determining these numbers. In general, negative impacts were over-compensated, while positive impacts were under-compensated. It should be noted that, overall, it has been necessary to increase gasoline expense budgets to reflect actual expenses throughout the City’s department budgets. Gasoline budgets were adjusted upward in the General, Water/Wastewater and Electric Funds by $51,591, $4,900 and $14,972 respectively. This is an additional $71,463 of expense collectively.

The more notable revisions are explained in general below. Attached are the actual mid-year reports and footnotes that provide additional detail for your consideration. If acceptable, formal budget amendments have been attached for your approval. This will enable us to fund these items with a legal budget appropriation.

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• The Beginning Balance for the General Fund Budget decreased by $141,107 to reflect year-end encumbrances.

• Permits & Other Licenses were adjusted downward $100,000 to reflect

revised projected revenue streams.

• Transfer Tax revenue was revised upward $300,000 to reflect revised projected revenue.

• Recreation grants were revised downward $110,000 to reflect revised

projected receipts. There is a corresponding decrease in expenditures. • The new “Transfer from Civil Traffic Penalties” revenue has been adjusted

down $300,000 to reflect revised projected revenue.

• In general, many departments in the General Fund were able to revise their budgets downward or maintain them at budgeted expense levels. There are two exceptions: The Police department experienced higher vehicle maintenance costs due to repairs from accidents; and Administrative Services contractual services expense increased as a result of increased credit card processing fees.

• Water, Wastewater, and Wastewater Adjustment Fees are being projected

downward overall by $635,484. Impact Fee revenue is adjusted upward $335,000 to reflect revised projected revenue. At this time, our Kent County fee expenses are projected to come in as budgeted, but our deficit is increasing. We are transferring $253,371 in additional revenue to the Improvement & Extension fund to reserve for future projects. The Fund’s minimum reserve balance is maintained in aggregate.

• At this time, Electric revenues are on target. The Electric Fund has seen

significant increases in expenses due to the increase of new construction developments and contractual services expense - primarily legal fees. A $600,000 transfer to the Improvement & Extension Fund was made to cover the additional costs associated with new developments. Additional monies have been budgeted in Administration to cover the additional legal fees. The Duke Contract Revenue was $1,072,000 this year and will be transferred into a rate stabilization reserve. This fund meets its minimum reserve balance requirement.

• Because of the lower than anticipated revenues in the General Fund and the

Water/Wastewater fund, we are not recommending sweeping salary accounts into the post-retirement benefits reserve at this time. The City’s original appropriations of $600,000 (General Fund), $100,000 (Water/Wastewater Fund) and $200,000 (Electric Fund) have already been made. If additional revenues are realized or expenses are reduced in the remainder of the year, we propose doing it then.

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General Fund Receipts:

1. Permits & Other Licenses – adjusted downward to correct revenue estimate and reflect current revenue streams

2. Transfer Taxes – increased based on a higher level of property transfers than budgeted

3. Recreation grants – adjusted to reflect actual receipts; There is a corresponding decrease to expenses.

4. Transfer from Civil Traffic Penalties – adjusted to reflect revised projected receipts

Expenditures:

1. Grounds – increased to reflect tree planting grants of $13,000 2. Recreation – decreased to reflect grant projects not funded 3. Police – increased to reflect additional vehicle maintenance charges 4. Administrative Services – increased to reflect additional credit card fees 5. Provisions for Uncollectibles – to provide for uncollectible trash receipts 6. Transfer to Workers Compensation Fund – Monies have been set aside to

supplement the Workers Compensation Fund.

4

Adjusted March RevisedFY 2005 Budget FY 2005

RECEIPTS Budget Review/Revision BudgetBeginning Balance 2,917,154$ (141,107) 2,776,047$ Fines & Police Revenue 571,020 - 571,020 911 Fee 64,000 - 64,000 Interest Transfers and Earnings 150,000 - 150,000 Library Revenues - General 33,700 - 33,700 Library Rev - County 297,000 - 297,000 Business Licenses 1,214,793 15,207 1,230,000 Permits & Other Licenses 1,040,580 (100,000) 940,580 Miscellaneous Revenues 75,850 - 75,850 Police Extra Duty Fees 377,720 - 377,720 Property Taxes 7,396,454 - 7,396,454 Recreation Revenue 92,700 - 92,700 Franchise Fee 360,000 - 360,000 Transfer Tax 1,400,000 300,000 1,700,000 Trash Fees 950,000 - 950,000 DSWA-Trash Fee Rebate 162,000 13,583 175,583 Rental Income - Garrison Farm 28,213 - 28,213 Court of Chancery Fees 480,000 40,000 520,000 Internet Service Revenue 26,460 (6,460) 20,000 Sale of Land - 16,750 16,750 Intrafund Service Receipts Water/Wastewater 1,025,270 (18,982) 1,006,288 Intrafund Service Receipts Electric 3,873,593 (66,663) 3,806,930 Grants: Recreation 130,000 (110,000) 20,000 Police Related 180,000 - 180,000 State Grant- Trail Maintenance - 1,200 1,200 Tree Planting Grant - 13,000 13,000 Transfer from Parkland Reserve - - - Transfer from Municipal Street Aid 780,000 12,000 792,000 Transfer from Civil Traffic Penalties 800,000 (300,000) 500,000 Transfer from Capital Asset Reserve - - - Transfer from Contingency Reserve 250,000 - 250,000 Transfer from Water/Wastewater 848,016 - 848,016 Transfer from Electric Fund 5,463,008 - 5,463,008

TOTALS 30,987,531$ (331,472)$ 30,656,059$

MID-YEAR BUDGET REVIEWMARCH, 2005

CITY OF DOVERGENERAL FUND

FISCAL YEAR 2005

5


EXPENDITURES Budget Review/Revision BudgetCity Clerk 366,307$ -$ 366,307$ Council 148,387 (6,550) 141,837 Tax Assessor 251,212 (16,429) 234,783 Fire 924,434 900 925,334 Grounds 991,020 13,150 1,004,170 Library 953,388 (52,512) 900,876 Recreation 768,379 (105,778) 662,601 Planning 228,391 (27,249) 201,142 Public Inspections 953,251 (21,989) 931,262 Police 9,865,086 24,697 9,889,783 Police Extra Duty 452,280 - 452,280 Streets 1,234,130 (1,953) 1,232,177 Sanitation 1,992,928 (317) 1,992,611 City Manager 435,772 (28,820) 406,952 Information Technology 889,017 (54,017) 835,000 Finance 648,362 (35,292) 613,070 PW Administration 302,373 1,460 303,833 Facilities Management 1,083,532 (6,882) 1,076,650 Engineering 256,686 (1,062) 255,624 Central Services 788,146 (15,005) 773,141 Vehicle Maintenance 614,578 1,640 616,218 Administrative Services 1,059,118 24,957 1,084,075 Human Resources 327,208 (37,134) 290,074 Mayor 102,568 (1,884) 100,684 Provision for Uncollectibles - 10,000 10,000 Debt Service 440,372 - 440,372 Transfer to Post Retirement Benefit Reserves 600,000 - 600,000 Transfer to Workers Compensation Fund - 16,000 16,000 Insurance 574,643 - 574,643 Retirees Health Care 646,627 - 646,627 Street Lights 460,000 - 460,000 Transfer to Parkland/Recreation Reserve 374,970 - 374,970 Budget Balance - Working Capital 2,254,366 (11,403) 2,242,963

TOTALS 30,987,531$ (331,472)$ 30,656,059$

MID-YEAR BUDGET REVIEWMARCH, 2005

CITY OF DOVERGENERAL FUND

FISCAL YEAR 2005

6

Water/Wastewater Fund Revenues:

1. Water/Wastewater/County Sewer Adjustment Fees – decreased based on year-

to-date data 2. Impact Fees – increased based on additional construction

Expenses:

1. Water – decreased to reflect reduced expenditures primarily electricity 2. Intrafund Service Fees – decreased to reflect reduced expenditures in the

General Fund 3. Transfers to Water and Wastewater I&E – increased to reserve monies for future

projects

7


REVENUES Budget Review/Revision BudgetBeginning Bal - Water 1,634,541$ (7,000)$ 1,627,541$ Beginning Bal - Wastewater 644,223 (31,956) 612,267 Beginning Bal - County Adj (1,085,930) - (1,085,930) Water Fees 3,962,500 (226,432) 3,736,068 Wastewater Fees 2,931,810 (594,691) 2,337,119 Wastewater Adjustment Fees 2,788,875 185,639 2,974,514 Miscellaneous Service Fees 41,950 - 41,950 Water Tank Space Leasing 240,102 - 240,102 Interest Earnings 40,000 - 40,000 State Reimbursement/Grants 30,000 - 30,000 Transfer from Contingency 241,680 - 241,680 Impact Fees 665,000 335,000 1,000,000

TOTALS $12,134,751 ($339,440) $11,795,311

EXPENSESConstruction 495,136$ 637$ 495,773$ Water 880,103 (82,569) 797,534 Water Treatment Plant 639,106 (7,850) 631,256 Wastewater 758,196 (45,268) 712,928 Water Meter Reading 57,685 (2,604) 55,081 Kent County Fees 3,600,000 - 3,600,000 Retirees Health Care 96,330 - 96,330 Intrafund Service Fees 1,025,270 (18,982) 1,006,288 Debt Service - Arbitrage Rebate 34,390 - 34,390 Debt Service - Water 660,221 - 660,221 Debt Service - Wastewater 434,492 - 434,492 Transfer to Water I/E 227,151 147,776 374,927 Transfer to Wastewater I/E - 105,595 105,595 Transfer to Impact Fee Reserve 147,860 417,648 565,508 Transfer to General Fund - Water 424,008 - 424,008 Transfer to General Fund - WW 424,008 - 424,008 Post-Retirement Benefits Reserve 100,000 - 100,000 Budget Balance - Water 2,293,963 (279,627) 2,014,336 Budget Balance - WW 1,344,727 (370,675) 974,052 Budget Balance - Kent County Fees (1,507,895) (203,521) (1,711,416)

TOTALS 12,134,751$ (339,440)$ 11,795,311$

MARCH, 2005

CITY OF DOVERWATER/WASTEWATER FUND

FISCAL YEAR 2005MID-YEAR BUDGET REVIEW

8

Water/Wastewater Improvement & Extension Fund Revenues:

1. Beginning Balance - Wastewater – increased due to year-end adjustments 2. Bond Issue Proceeds Series 2005 – decreased and will not be issued 3. Miscellaneous – increased to reflect receipt from Calvary Baptist Church for

water system improvements Expenses:

1. Water – increased to reflect change in Wellhead Redevelopment Program 2. Wastewater – decreased to reflect change in work program

9


REVENUES Budget Review/Revision BudgetBeginning Balance - Water 342,930$ -$ 342,930$ Beginning Balance - Wastewater 499,917 119,661 619,578 Beginning Balance - Bond Proceeds -Water 542,214 - 542,214 Beginning Balance - Bond Proceeds - Wastewater 903,455 - 903,455 Bond Issue Proceeds Series 2005 1,175,000 (1,175,000) - Interest Earned - - - Miscellaneous - 50,000 50,000 Transfer from Water WW for Water 227,151 147,776 374,927 Transfer from Water WW for Wastewater - 105,595 105,595 Transfer from Impact Fee Reserve 460,000 (185,000) 275,000

TOTALS 4,150,667$ (936,968)$ 3,213,699$

EXPENSESWater 1,048,453$ 77,391$ 1,125,844$ Wastewater 2,460,624 (1,010,590) 1,450,034 Water Construction 107,364 (101) 107,263 Budget Balance - Water- Working Capital 10,160 120,435 130,595 Budget Balance - Wastewater - Working Capital 24,066 375,897 399,963 Budget Balance - Bond Proceeds - 2005 500,000 (500,000) -

TOTALS 4,150,667$ (936,968)$ 3,213,699$

MARCH, 2005

CITY OF DOVERWATER/WASTEWATER IMPROVEMENT & EXTENSION FUND


10

Electric Revenue Fund Revenues:

1. Sales to Customers – no change at this time as revenues appear to be on target 2. Duke Contract Revenue – has been received and budgeted

Expenses:

1. Purchased Power - DLD – no change at this time as expenses appear to be on target

2. Electrical Engineering – increased due to gasoline and contractual expenses 3. Transfer to Workers Compensation Fund – Monies have been set aside to

supplement the Workers Compensation Fund. 4. Interest on Deposits – increased to reflect revised projected expenses 5. Intrafund Service Fees – decreased to reflect reduced expenditures in the

General Fund 6. Improvement/Extension – increased for expense associated with new con-

struction developments 7. Debt Service – increased to reflect revised projected expenses 8. Debt Service - Arbitrage Compliance – calculation came back with zero due 9. Inventory Reserve – decreased to reflect needed reserve 10. Rate Stabilization Reserve – increased to reflect transfer of actual rebate

11


REVENUES Budget Review/Revision BudgetBeginning Balance 3,842,665$ (6,286)$ 3,836,379$ Sales to Customers 55,633,802 - 55,633,802 Power Cost Adjustment 4,934,544 - 4,934,544 Utility Tax 1,182,367 - 1,182,367 Miscellaneous Revenue 496,000 - 496,000 Interest Earnings 120,000 - 120,000 Rental Income - Weyandt Hall 170,885 - 170,885 Duke Contract Revenue - 1,072,000 1,072,000

TOTALS 66,380,263$ 1,065,714$ 67,445,977$

EXPENSESPurchased Power - DLD 40,555,237$ -$ 40,555,237$ Transmission/Distribution 2,963,771 5,750 2,969,521 Electrical Engineering 1,668,692 16,708 1,685,400 Administration 806,659 63,890 870,549 Meter Reading 281,577 (8,732) 272,845 Utility Tax 1,182,367 - 1,182,367 Provision for uncollectible 125,000 - 125,000 Retirees Health Care 456,656 - 456,656 Post retirement benefits reserve 200,000 - 200,000 Transfer to Workers Compensation Fund - 8,000 8,000 Interest on Deposits 15,000 10,000 25,000 Intrafund Service Fees 3,873,593 (66,663) 3,806,930 Other Appropriations: Improvement/Extension - 600,000 600,000 Future Capacity 2,000,000 - 2,000,000 Contingency 22,000 - 22,000 General Fund 5,463,008 - 5,463,008 Street Light - - - Debt Service 2,170,213 494,961 2,665,174 Debt Service - Arbitrage Compliance 50,000 (50,000) - Inventory Reserve 125,000 (125,000) - Rate Stabilization Reserve 500,000 572,000 1,072,000 Budget Balance - Working Capital 3,921,490 (455,200) 3,466,290

TOTALS 66,380,263$ 1,065,714$ 67,445,977$

MARCH, 2005

CITY OF DOVERELECTRIC REVENUE FUND


12

Electric Improvement & Extension Fund Revenues:

1. Beginning Balance – reduced to reflect accrual of estimated AT&T bill 2. Transfer from Electric Revenue Fund – increased for expense associated with

new construction developments Expenses:

1. Transmission/Distribution – increased for expense associated with new con-

struction developments 2. Electrical Engineering – increased for expense associated with new construction

developments.

13


REVENUES Budget Review/Revision BudgetBeginning Balance 5,795,917$ (650,000)$ 5,145,917$ Trsfr from Electric Rev Fund - 600,000 600,000 Interest Earnings 75,000 - 75,000

TOTALS 5,870,917$ (50,000)$ 5,820,917$

EXPENSESTransmission/Distribution 981,114$ 651,952$ 1,633,066$ Electrical Engineering 3,106,604 (51,952) 3,054,652 Transfer to Rate Stabilization Fund 910,824 - 910,824 Budget Balance - Working Capital 872,375 (650,000) 222,375

TOTALS $5,870,917 ($50,000) $5,820,917

CITY OF DOVERELECTRIC IMPROVEMENT & EXTENSION FUND

FISCAL YEAR 2005

MARCH, 2005MID-YEAR BUDGET REVIEW

14

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee meeting was held on March 7, 2005, at6:15 p.m. with Councilman Slavin presiding in the absence of Chairman Salters. Members presentwere Mr. Hogan and Mr. Shelton. Mr. Shevock was absent. Members of Council present wereMr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Ritter, Mr. Ruane, and Council President Williams.Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMr. Hogan moved for approval of the agenda as presented, seconded by Mr. Shelton andunanimously carried.

Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2004In accordance with Section 46 of the City Charter, the City's financial books are audited byindependent auditors each year. The Finance Director/Treasurer, Mrs. Mitchell, submitted theComprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2004. It was notedthat 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 inFinancial Reporting from the Governmental Finance Officers Association of the United States andCanada (GFOA) for the last 19 years.

Mrs. Mitchell gave a Power Point Presentation which highlighted the key points of this year’s CAFR.

Mr. Frank Tenusak, 880 Schoolhouse Lane, noted that there would be a significant budget impactin 2008 due to the post-retirement (medical) benefits and requested staff to quantify the range ofsignificance and questioned if there is any ability to create an anticipated reserve at this time so thatthe impact in 2008 would be less significant.

Responding, Mrs. Mitchell explained that the City has taken a pro-active approach to address thepost-retirement (medical) benefits. She reiterated that for the year ended June 30, 2004, $1.4 millionhas been appropriated to the post-retirement benefits fund and that an additional $900,000 is beingbudgeted for 2005. To quantify the liability, Mrs. Mitchell stated that in accordance with thepreliminary analysis, the impact is estimated at $23 million.

Since two (2) members of the committee were absent, Mr. Slavin suggested that this matter beforwarded to City Council for action.

Mr. Hogan moved for adjournment, seconded by Mr. Shelton and unanimously carried.


Respectfully submitted,

Timothy A. SlavinActing Chairman

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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT

The Parks, Recreation, and Community Enhancement Committee Meeting was held onMarch 1, 2005, at 12:04 p.m. with Chairman Pitts presiding. Members present were Mr. Hogan,Mr. Ruane, and Mr. Truitt. Mr. Anderson was absent. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMayor Speed requested the addition of item #1 - “Brief Discussion of the Proposed Civic Center”.Mr. Pitts requested the addition of item #3 - “Community Report”.

Mr. Truitt moved for approval of the agenda, as amended, seconded by Mr. Ruane andunanimously carried.

Civic Center UpdateLast year, at the request of the State Bond Bill Committee, the Delaware Civic Center Corporationcommissioned C. H. Johnson to perform a Civic Center Economic Impact Study. Mayor Speedreviewed the information provided in the study. He stated that the proposed Civic Center, whichwould be located in the vicinity of Sam’s Club and Scraborough Road, is a partnership projectbetween the Civic Center Association and Delaware State University. He also noted that no otherCivic Center projects are being proposed in Delaware.

Responding to Mr. Ruane, Mayor Speed stated that this is a “Statewide” project and that the City’santicipated contribution is the land that has already been donated and the relocation of the electricsubstation, which Council approved for inclusion in the CIP. Mayor Speed noted that the City wouldbenefit from the Civic Center being a significant water, electric, and sewer customer. Anotherpositive impact from this project is an estimated 501 new jobs and approximately $20 million inassociated personal income. Mayor Speed stated that the Legislature has not yet voted on the BondBill.

Discussion - Ideas of Mayor Speed for Neighborhood ImprovementsDuring the Council Retreat held on January 21, 2005, Mayor Speed proposed consideration of aHomeownership Initiative for the Downtown area, including: monetary incentives; zoning changesto include a new, mixed-use Downtown Zone as specified in the Comprehensive Plan; nuisanceproperty enforcement; transfer tax elimination for first time home buyers; real estate tax abatementin 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 andGovernor’s Avenue to West Street, which he suggested should be concentrated on at this time, andprovided information on the following:

A. Monetary Incentives:

1. Extend 1 Time Home Buyer Transfer Tax Exemption to the Sellerst

Mayor Speed stated that most municipalities currently have a first time home buyertransfer tax exemption in place for the seller and he would like to implement asimilar exemption Citywide, for the following reasons: 1) the City of Dover isbelow the national average Citywide in home ownership; and 2) it would prevent

PARKS, RECREATION, AND COMMUNITY ENHANCEMENTCOMMITTEE MEETING OF MARCH 1, 2005 PAGE 2

problem areas from surfacing in other areas of the City. Had this program been inplace in June 2004, the approximate cost would have been $122,000. Mr. Ruanestated 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 situationand assumes that the process has no effect. An increase in home ownership withinthe City will result in increased property values, which will increase tax revenuesevery three (3) years when the reassessment is completed.

Mayor Speed advised members that although he would prefer that such an incentivebe implemented Citywide, rather than having the incentive concept discarded, hewould agree to implement it in the target area initially and then have it extendedCitywide.

Mr. Ruane moved to recommend extending the first time home buyer transfertax exemption to the seller in the target area, defined as Mary Street toLoockerman Street and Governors Avenue to West Street, seconded byMr. Hogan and unanimously carried.

2. Real Estate Tax Abatement for Home Purchasers in the Target AreaMayor Speed proposed implementing a real estate tax abatement program for anyonepurchasing homes in the target area. This could be accomplished by waiving theproperty taxes the first year and gradually increasing the percentage of the tax dueuntil 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 areaand would not be limited to rental properties.

Mr. Hogan moved to recommend that staff prepare an ordinance which wouldphase in tax abatement over a period of time, as follows: No taxes in the firstyear; 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 forfive years, after which time it will automatically expire; it was also stipulatedthat the homeowner would be required to occupy the home until they are paying100% of the taxes or that they rebate any taxes that they were exempt from andthat the area of exemption be defined as being from Mary Street to LoockermanStreet and Governors Avenue to West Street. The motion was seconded byMr. Ruane and unanimously carried.

3. Partnership to Create Reduced Cost Mortgages in Target AreaMayor Speed advised members that the Downtown Dover Development Corporation(DDDC) has suggested the creation of a partnership with a mortgage company thatwould provide for reduced cost mortgages in the target area in an effort to reducebarriers to home ownership, such as qualifying for mortgages.

No further action was taken by the committee at this time.


4. Increase Community Development Downpayment AssistanceMayor Speed stated that the increase in Community Development downpaymentassistance has been implemented.

Mr. Ruane moved to recommended that Council support priority use of theCommunity Block Development Grant (CDBG) money in its five year goal planwith the focus being: 1) the Community Development Downpayment AssistanceProgram; and 2) Rehabilitation. The motion was seconded by Mr. Hogan andunanimously carried.

B. Zoning Changes:

1. New Mixed Use ZoneMayor Speed explained that the City’s Comprehensive Plan, which was originallyadopted in 1996 and updated in 2003, states that the City of Dover will have a mixeduse zone. The idea of this is to deconcentrate rental properties.

It was noted that the Planning and Inspections Department is planning to include thenew zoning classification in the Implementation Chapter of the Comprehensive Planand will be considered by City Council at that time.

2. Eliminate Single to Multi-Family Conversions in RG-1Mayor Speed stated that the City’s largest concentration of RG-1 zoning, whereconversion from single family homes to multi-family homes is permitted, is locatedin 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 anotherarea.

Mr. Ruane moved to recommend that staff prepare an ordinance to eliminatesingle-family to multi-family conversion in the RG-1 area. The motion wasseconded by Mr. Hogan and unanimously carried.

C. Nuisance Property Enforcement:

Mayor Speed advised members that staff is researching State legislation regardingthe 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 PittsMr. Pitts provided members some history of downtown Dover, explaining that although the City hasmade great improvements over the years, there are still more improvements to be made.

Ms. Lori James, representing Senator Thomas Carper, advised the committee 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 ratenationwide, Kent County has a 52% home ownership rate. Mr. Pitts noted that there areapproximately twenty (20) lots, some vacant and some with houses, in the target area that will eitherbe rehabilitated or demolished.

It was noted that the Downtown Merchant’s Association recently submitted a request that the Cityconsider the adoption of an ordinance to address vacant buildings in the downtown area. Membersfelt that vacant buildings are a problem throughout the City.

Mr. Ruane moved to recommend that during the next committee meeting, members have adiscussion regarding vacant buildings and that the Downtown Merchants Association beinvited to participate. The motion was seconded by Mr. Hogan and unanimously carried.

Mr. Truitt moved for adjournment, seconded by Mr. Ruane and unanimously carried.


Respectfully submitted,

John W. PittsChairman

JWP/rfmS:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-01-2005-PR&CE revised.wpd

City of Dover, Delaware Department of Planning and Inspections

222000000444 AAnnnnnnuuuaaalll R A RReeepppooorrrttt

Planning * Inspections * Fire Marshal

Community Development

James J. Galvin, Jr., AICP, Director

March 9, 2005 The Honorable Stephen Speed, Mayor, Ms. Beverly Williams, Council President And Members of City Council Dover City Hall 15 East Loockerman Street Dover, Delaware 19901 Dear Mayor, President and Council Members: On behalf of the entire staff, I respectfully submit the 2004 Department of Planning and Inspections Annual Report for your review. This report is a combination of statistical data, narratives and anecdotal information on our activities and accomplishments. It reflects the efforts of the staff of the Department of Planning and Inspections to continue the good work for the City of Dover. As we all know, this past year was the first in several not to include key personnel changes. Through the year, staff maintained the level of service required to meet the needs of the community. I believe the Department began the year with commitment to provide the services for which they are responsible and ended the year with a renewed ability to concentrate on those responsibilities to improve the overall quality of life for the Citizens of Dover. The Annual Report is broken into five sections. Part I will introduce the activities for the Department of Planning and Inspections in 2004. Part II is a listing of highlighted accomplishments for the year and division reports for Community Development, Fire Marshal's Office, Building Inspections and Code Enforcement, and Planning. Part III provides a summary of the projects and activities of the Department. Part IV provides a short synopsis of the activities of the various Boards and Commissions that the Department staffed and assisted during 2004. Part V is a short analysis of revenues generated by the Department as well as the development activity in 2004. And finally, Part VI lists the specifics of the applications reviewed by the appointed Boards and Commissions. The level of service represented in this report represents the commitment and dedication to the City of Dover by the staff of the Department of Planning and Inspections and the Citizen members of the various Boards, Commissions, and Committees. Our mutual goal has been to maintain the unique quality of life in the City of Dover during the continued growth we have experienced. On a personal note, I am proud to work with such a talented, thoughtful crew that we have in the Department. I hope I have assisted them as much as they have assisted me. Thank you for your consideration of this report. Should you have any questions or comments concerning the following, please do not hesitate to contact me. Sincerely, James J. Galvin, Jr. AICP Director, Planning & Inspections

2004 Annual Report Department of Planning and Inspections Page i

I. INTRODUCTION 3

II. DIVISION REPORTS 5

Personnel 5

Building Permits and Licensing Staff 5

Planning Division 6

Community Development Division 7

Fire Marshal’s Office 8

Inspections 9

III. INITIATIVES AND ACCOMPLISHMENTS 13

Comprehensive Plan Implementation 13

Strategic Plan for the Development of Downtown Dover’s West Side 14

Demolitions/Buildings Declared Dangerous by City Council 15 Business License and Application Fee Increases 15 Race Weekend Vendor License Accommodations 16

IV. 2004 COMMITTEE REPORTS 17

Board of Adjustment 17

Downtown Dover Development Corporation 17

Historic District Commission 18

Parking Authority 18

Planning Commission 19

IV. ANALYSIS OF 2003 REVENUE 20

V. COMMISSION ACTIVITY 22

Board of Adjustment 22 Historic District Commission 23

Planning Commission Site Plan Applications 24

2004 Annual Report Department of Planning and Inspections Page ii Conditional Uses 26

Rezoning Applications 27

Miscellaneous Planning Applications 28

Annexations 30

Subdivisions 31

I. INTRODUCTION

The City of Dover Planning and Inspections Department is a collection of professional and dedicated persons with interconnected responsibilities working toward the common goal of maintaining and improving the quality of life for the residents, businesses, and visitors of the City of Dover. We work toward this goal by affecting the nature of new development, assessing and maintaining the status of existing development and providing appropriate services to neighborhoods and individuals that require assistance in meeting the standards established by the community. In addition, the staff has accepted the responsibility of providing

ancillary services to the City of Dover that is compatible with these primary responsibilities. In 2004, as in the past, the Department was organized into four major divisions coordinated by the Director of Planning and Inspections with the common support of the permit staff. The Divisions are responsible for the three major areas defined above and interact accordingly. For this reason, the Department is effectively one unit that uses the talents of each member of the staff to implement the policies and practices we have established to meet the community’s needs. The Department met the demands presented to it throughout 2004 with renewed stabilization of the office. There was loss of an Assistant Planner that was replaced in August and the only staff change. Under the guidance of the new Director, Jim Galvin, the Department was able to deal with the business at hand and with anticipated full staffing, we expect the Department to stabilize and be able to once again offer some focus for the future of the City of Dover. Section II of this report deals with the organization of the Divisions, their personnel and their interrelationships with members of other Divisions. No one division was at anytime more important than the other when it comes to the overall mission of the Department. The responsibilities of each Division are carried out by the persons assigned the task. The divisions are then reported in the continuum in which they affect the development of the City. First, the Planners develop and implement the policies that direct the quality of development. Building Inspections and the Fire Marshal’s Office implement their respective codes as properties are developed. Property Maintenance implements those codes for the previously built portion of the community. Community Development provided funding for a number of projects designed to enhance the quality of life for people of low and moderate income through development and services. Last, but as important as any other component of the Department, are the permit staff. They were and are the key to the efficient operation and coordination of all of these duties, as well as providing direct services to all that have business with the Department. The whole office functions as one unit a sum of its parts. Section II will detail each of the functions of the Office for the year 2004. Section III of this report highlights the initiatives and accomplishments of the Department during the year. These projects include: Implementation of the 2003 Comprehensive Plan Update and several components included in the document, the West Side Development Plan, actions on the demolition of 2004 Annual Report Department of Planning and Inspections Page 3

buildings declared dangerous by City Council, business license, application and permit fee increases, and a new initiative to accommodate race weekend vendors in cooperation with Home Depot. Section IV provides a synopsis of the various Boards and Committees that this Department staffs and supports. This section includes a summary of the applications to the City of Dover Board of Adjustment, the Historic District Commission, and the City Planning Commission. This section also details the support this Department provided to the DDDC and the Parking Authority. Section V documents the revenue generated by this office as well as the permits and licenses issued by this office. This section provides more detail on the number of inspections performed by this office during 2004. The final segment of this report provides a listing of each individual application to the various boards and commissions referenced in Section V.

2004 Annual Report Department of Planning and Inspections Page 4

II. Division Reports

Personnel The staff members of the Department of Planning and Inspections are the critical elements that provide the actual services to the community. It is their dedication and professionalism that allows them to successfully interact with the residents of our City and support continued community improvement. 2004 began with another transition, but became a year of relative stability compared with recent years for individuals and for the Department as a whole. The process offered challenges for the short term, but provided opportunities for the staff to concentrate on their core responsibilities. The major changes were as follows:

In January, Jim Galvin, AICP was appointed as the Director of Planning and Inspections. In February, Steve Lee announced his departure to become Director Planning and Inspections in

Smyrna, Delaware. In August, Bruce Sherman was hired as a Planner to replace Mr. Lee to assist with physical

planning and special projects. Mr. Sherman is a recent graduate from the University of Buffalo and had experience working in the Auburn, New York Office of Planning and Economic Development.

Building Permits and Licenses

The Permit Staff is the first connection with the Department most residents have and, therefore, the first represented in this report. They present our standard of prompt, courteous service whenever possible and connect the customer with the appropriate Department Staff member. The quality of the interaction an applicant enjoys with this staff determines their approach to future interaction. The staff is under the direction of Diane Metsch (Administrative Assistant) and consists of Maretta Mason (Secretary II), Mae

Moten and Candy Peer both Clerk Typists II’s. This staff is responsible for the receipt and processing of the 2,337 Permits, 3980 Business Licenses, and 2600 Occupancy Permits for 2004. In addition, the Permit Staff provides support to the various Commissions and Board staffed by the Department

Building Permits Issued in CY 2004

MISC. PERMITS, 366

PLUMBING PERMITS, 665

ADDITION RENOVATION PERMITS, 581

BUILDING PERMITS ISSUED, 252

FIRE PREVENTION PERMITS, 91 MECHANICAL

PERMITS, 382


including minutes of monthly (or more often as needed) meetings for the Planning Commission, Historic District Commission, Parking Authority, and Board of Adjustment. The myriad of daily phone calls and counter inquiries regarding complaints, permits, business licenses, countless zoning and building permit questions, and scheduling of appointments and inspections. The charts included above are examples of the important work begun by this staff.

Licenses Issued During CY 2004

RENTAL DWELLINGS, 2262

CONTRACTORS , 1145

MERCHANTS, 410

MOBILE HOMES CONSTRUCTION,

356

PUBLIC OCCUPANCIES,

283LODGING HOUSE, 55

BUSINESS LICENSES, 2069

Planning Division

The Planning Division consists of the following employees: James Galvin, Jr. AICP, Director of the Department; Dawn Melson, AICP (Senior Planner); and Bruce Sherman, (Planner). Randy Speicher (Eng. Services & System Operations Support) also provides staff support to this Division and other city departments for mapping and graphics. The major projects for the Planning Office in 2004 focused on items outlined in the Implementation Chapter of the Comprehensive Plan Update 2003. These projects focused on the development and adoption (adopted

11/8/2004) of the ordinance creating the Traditional Neighborhood Design zone (TND); revisions to the development application fee schedule; and amendments to the Street design standards of the Land Subdivision Regulations (adopted 2/14/2005). With changes in Delaware Code related to land use planning activities, the Planning Division drafted the Memorandum of Understanding between the City and the Office of State Planning Coordination for the Preliminary Land Use Services (PLUS) to identify the types of development applications which must complete this state advisory review process prior to beginning the City’s review process. Activities also involved the development of Plan of Services documents and utilization of the Cost-Revenue Analysis Model tool (created by Kise Straw & Kolodner and Urban Partners) to provide information for five annexation applications. With the approval of these annexations, approximately 142 acres of land became part of the City of Dover in 2004. A total of 115 planning applications were processed by the Planning Division for the Board of Adjustment, the Historic District Commission, and the Planning Commission. As staff to these Boards and Commissions, the Planning Staff fields zoning and code compliance inquiries, conducts meetings with developers and design professionals, manages the application filing and review process, completes plan review, writes reports on each application, and presents information in public forums. In addition, the Planning Division extends technical expertise and support to the Community Development Division, 2004 Annual Report Department of Planning and Inspections Page 6

Building Inspections and Code Enforcement sections of the Planning and Inspections Office, Main Street Dover, DDDC, Dover Parking Authority, City Council, Dover/Kent County MPO, and various other state and local land use organizations.

Community Development Division

The Community Development Division began the year under the direction of Tracy Harvey to continue to provide assistance to the low to moderate-income residents and neighborhoods of the City of Dover. The Department as a whole supports the goals and objectives of the City’s Community Development program through ongoing activities. Particularly the Inspections and Planning Divisions expend considerable human resources supporting the actions and programs associated with this

division. The following projects were started or completed in 2004. Community Policing City of Dover Department of Police supplied the following statistics for 2004 on their Community Policing Program in Downtown Dover. 1 Officer on foot patrol: Total hours coverage: 345; Citizen Contacts: 2,062; Total number of arrests: 60. Two Officers on T.A.C. Patrol: Total hours coverage: 93; Citizen Contacts: 434; Total number of arrests: 74 NCALL Downpayment and Settlement Assistance In addition to the one-on-one client counseling sessions, each month introductory Pre-Purchase Workshops were held at the NCALL Office in Dover. These workshop where attended by families to receive training and meet with their counselor for their one-on-one homeownership counseling. Throughout the year a total of seventeen (17) families closed on homes using the Dover First Start Program. Direct Homeownership Program In June 2004 the home on 41 South New Street that was donated to the City and rehabilitated was sold for $55,000 on June 18th. Housing Rehabilitation ProgramThree (3) housing rehabilitation projects were completed in the City of Dover in 2004, all occurring between the months of January and April. Eight (8) housing rehabilitations where being planned and out for bid in December. Whatcoat Social Service Agency In January 2004 the Board of Directors for the Whatcoat Social Service Agency appointed a committee to plan the construction of ten (10) transitional housing units acquired with CDBG funds in January 2003. In June 2004 a grant for $500,000 was approved for the Whatcoat Social Service Agency to build the additional transitional housing units. The preliminary plans are underway for the construction.


Main Street Dover: Misco Enterprise ProgramThis program started to receive funding in August 2004. In the last six months of 2004 thirteen (13) clients were counseled to set up a business in the Downtown area. Nine (9) referrals were made to the Innovative Bank for technical assistance. During the months of September and October workshops to provide technical assistance were held for eleven (11) downtown merchants. From August 04 to December 04 seven (7) jobs were gained, one business was gained and two (2) businesses were lost in Downtown Dover. Community Revitalization InfrastructureIn March 2004 the 1st Phase of reconstruction of the streets and curbs began on the north side of the “Target Area.” Fair Housing Task Force In November 2004 Community Development Staff Attended the bi-monthly Delaware Fair Housing Task Force meeting held at the Appoquinimink State Service Center in Middletown. The City is working with other State Agencies to initiate a fair housing media campaign throughout the State of Delaware.

Fire Marshal’s Office For the year 2004 the Fire Marshal’s Office recorded 1082 Life Safety Inspections, 1025 Code Inspections, and 175 New Construction Inspections for a total of 2446 inspections. As a result of the 2446 inspections 1817 deficiencies were found and corrected. There were 583 more life safety inspections conducted in 2004 then in 2003. In 2003 552 deficiencies were found and corrected. In

2004 1817 deficiencies were found and corrected. The rise in Life Safety Inspections and deficiencies found and corrected is a direct result of the addition of Wayne Hutchison to the office with primary duties of fire inspections. Fire investigations for 2004 were as follows: Accidental 36; Incendiary 4; Undetermined 7; Under Investigation 1; Other calls 47 for a total of 95 responses. Average response time for a Fire Marshal

is 15 minutes. Fire loss for 2004 is: Accidental causes $158,000.00; Incendiary causes $25,000.00 and Undetermined causes $95,000.00 for a total fire loss of $278,000.00. This is $1,110,000.00 less then in 2003.

2003 Fire Loss Amount

Incendiary, $804,000

Undetermined, $52,000 Accidental,

$525,000

In October of 2004 the Fire Marshal’s office along with the Inspections Department, City Electric, and Dover Police conducted a safety display at the Dover Mall. Two thousand two hundred and fifty people stopped by to see the display. We hope to do the same in November of 2005. As a result of fires we were having in properties owned by Dover Housing Authority, we conducted fire safety talks at each of their


properties with good results. Contact was made with about 200 residents. These two events were the Fire Marshals office’s first try in extending fire safety education aimed at the adult population. We hope to expand and carry on this educations process in 2004. All Fire Marshals are now certified as first responders and can give basic medical care to include the use of the AED. This training was taken as Fire Marshals are on the road and in the public eye each day in marked cars and should be able to give basic medical care should the public needed it. Fire Marshals are around the race track during the NASCAR races and with 140,000 people in town a medical emergency can happen at any time. The Fire Marshal’s Office is made up of the Fire Marshal and two Deputy Fire Marshals with the responsibility for conducting inspections annually and semi-annually in Apartments, Assembly, Daycares, Health care, Industrial, Mercantile, Schools, Hotels & Motels, and Business occupancies. The Fire Marshals Office handles complaints with regard to over crowding, locked means of egress, fire lanes, and impaired fire protection. The review of sprinkler, fire alarm, hood suppression, and other forms of fire protection are reviewed and tested by the Fire Marshals Office. The office is responsible for the investigation into origin and cause of fires and explosions within the City of Dover. Each Fire Marshal takes a week on call every third week. All Fire Marshal’s are on call 24-7 should their services be needed. The office takes an active role in the NASCAR race, First Night, and July 4th. Fire prevention is a new area for the office, but an important one. It is just as important to prevent the fire as it is to know how and why it started.

Inspections

Staffing: The Department of Inspections is currently staffed by seven inspectors. They are: Grant Prichard, the Chief Building Inspector and plans reviewer, Mike McGregor, Building Inspector, Chris Scott, Plumbing Inspector and three Property

Maintenance Inspectors, Ron Coburn, Inspector II, Tim Taraila and Greg Akers, both Inspectors I. Mr. Prichard’s responsibilities include the supervision of the inspections staff, review of all construction documents for permitting and meeting with design professionals concerning new construction projects to be undertaken in the city. Mr. McGregor’s and Mr. Scott’s primary responsibility is construction inspections. Mr. Coburn’s, Mr. Taraila’s and Mr. Aker’s primary responsibility is property maintenance inspections with a secondary responsibility to provide assistance when needed in construction inspections. This secondary responsibility has grown as the number and complexity of construction projects increase.

Above: Construction Inspectors Chris Scott, Inspector I: Plumbing Inspector

Mike McGregor Inspector 1: Building Inspector

The following are the staff and activities of the elements of the Inspections Division.


Activity: In 2004 there were 2337 Building Permits issued. New Construction accounted for 1199, Fire Prevention and Life Safety for 91, and Plumbing and Mechanical for 1047. These permits required 4905 inspections in 2004, which represents an increase of 1154 construction related inspections in 2004 than completed in 2003.

Ttgrf

2

Left:: Property Maintenance Inspectors (L to R)Tim Taraila (Inspector I), Ron Coburn

(Inspector II), and Greg Akers (Inspector I)

Construction Permits Issued 1999-2004

0

500

1000

1500

2000

2500

1999 2000 2001 2002 2003 2004

New Construction

Plumbing and Mechanical

Fire Prevention and Life Safety

1999 2000 2001 2002 2003 2004 Fire Prevention&Life Safety 283 193 158 96 94 91 Plumbing and Mechanical 595 595 789 853 889 1047 New Construction 1594 1282 1335 1043 1118 1199

he Property Maintenance and Code Enforcement Inspectors performed a total of 7495 inspections. Of

hese inspections 5660 involved property maintenance issues; 703 rental dwelling inspections; 1414 high rass and weed inspections; and 758 license and code enforcement inspections. The Inspectors esponded to 1808 complaints, 2466 permit inspections, and 2988 inspector observed violations. A urther breakdown of the types of inspections performed is represented in the chart below.


Code Enforcement Inspections – 2004

55

1414

703

2055

504

491

969

249

0 500 1000 1500 2000 2500

Dangerous Building/ Demolition

High Grass And Weed

Rental Inspection

Property Maintanance(Other)

Zoning Code

Abandoned Motor Vehicle

Liscense/Permit Code Inspection

Misc

Inspections Staff Training and Accomplishments On January 13, 2004 Maretta Mason, Mae Moten and Candy Peer attended a Career Track Seminar titled “How to Deliver Exception Customer Service”. The workshop provided information on how to deal with different range of customers and situations and how to handle each situation. In February 2004 the Department of Housing and Urban Development (HUD) sponsored a four day training workshop in New Castle County for basic and advanced training in IDIS. Tracey Harvey and Maretta Mason attended the training from February 17th-19th The Integrated Disbursement Information System (IDIS) is a program developed to disburse funds from the federal treasury and to report to HUD on program accomplishments. . Ron Coburn and Tim Taraila successfully completed the U.S. Fire Administration’s National Fire Academy seminar course R220: Principles of Fire Inspection held in Emmitsburg, Maryland. Ron attended in February and Tim in October. The two week course provides participants with the knowledge, skills, and attitudes to effectively and confidently conduct basic fire safety inspections. These skills assist in building plans review and inspections for fire and life safety code compliance. In March Ron Coburn (Inspector II), Mike McGregor (Inspector I), Dawn Melson (Planner), Grant Prichard (Chief Building Inspector), Chris Scott (Inspector I), Dave Truax (Fire Marshal/ Inspector III) attended a seminar entitled “ICC Performing Non-Structural Plan Reviews” sponsored by the Delaware Building Officials Association:. The two day seminar provided participants with the procedures to review construction documents based on the International Building Code. These skills assist in plan review for building, fire-resistant-rated construction, fire protection systems, and means of egress requirements.


On April 8, 2003, seven Inspectors attended the Trus Joist University Course hosted by the New Castle County Department of Land Use and Trus Joist – a Weyerhaeuser Business. The workshop provided a better understanding of engineered lumber and Trus Joist products. Dawn Melson (Planner) attended the American Planning Association’s 2004 National Planning Conference in Washington, DC from April 24 – April 28, 2004. Conference activities offered a variety of general sessions, exhibits, mobile workshops, and workshops on planning topics. Diane Metsch and Candy Peer on July 8, 2004 attended a Career Track Seminar at the Dover Sheraton Hotel. The topic was “Microsoft Applications”. This class included working on applications with Excel, Word, Power Point and Office documents. In August Mike McGregor, Chris Scott, Tim Taraila, Ron Coburn, Grant Prichard, Dave Truax, Wayne Hutchison and Sam Gonzalez attended a State Department of Health, Health Systems Protection, training seminar entitled “Workshop on Food Safety Requirements for Food Establishments”. This seminar was designed to provide background information for the Inspectors so that during the course of a city inspection of a Food Establishment they might recognize areas that would be considered a Health Hazard and alert the State Department of Health inspectors. Diane Metsch (Administrative Assistant) attended a Career Track Seminar at the Dover Sheraton Hotel on August 24, 2004. The topic was “How to Become a More Effective Supervisor.” The workshop provided valuable information on the different aspects of the workplace and the new role of stepping into a Supervisory position. On September 23, 2004, Jim Galvin, Dawn Melson and Bruce Sherman attended the Better Models for Development in Delaware presentation at the Schwartz Center. Guest speaker was Ed McMahon, a Fellow with the Urban Land Institute and author of the book by that name. In October Mike McGregor and Ron Coburn attended an ICC Seminar providing updates contained within the 2003 International Residential Code. Accomplishments and Certifications During 2004 Grant Prichard completed the examinations, as administered by the National Certification Program for Construction Code Inspectors, necessary to renew his certifications as Residential Building Inspector, Commercial Building Inspector and Building Plans Examiner and received a new certification as Property Maintenance and Housing Inspector. Greg Akers completed the examinations, as administered by the National Certification Program for Construction Code Inspectors, to become certified as a Property Maintenance, a Housing Inspector and a Residential Building Inspector.


III. INITIATIVES AND ACCOMPLISHMENTS

The following are described as major accomplishments and projects of staff in 2004.

Comprehensive Plan Implementation The Comprehensive Plan Update completed in 2003 was a major project for the office. With the approval of the Update in October, 2003, the staff began implementing the many projects and activities that were prescribed in the document. Primary among them was the Annexation Study. Annexation Study The City of Dover contracted with Kise, Straw and Kolodner and Urban Partners to develop a mechanism to determine the costs compared to the potential revenues from the annexation of a particular parcel or area adjacent to the City. The consultant team worked with City staff beginning in 2003 and through 2004 to develop a model of standard expenses for residential and commercial uses, including police coverage, fire service, electric service, trash service, sewer and water services and general administrative expenses. They also calculated the income from the development including electric fees, sewer and water fees, property and transfer taxes and building permits. They evaluated each of the areas identified on the Annexation Plan Map as either Lands to be Annexed to Rationalize Boundaries (the enclaves), Lands Desirable for Annexation (the adjacent parcels) and Lands for Further Study (potential annexations of they make sense). The model they developed evaluated each of the groups of parcels identified in the Annexation Plan and determined the cost/revenue balance. The findings of the consultant study have contributed to the anticipated amendment to the Comprehensive Plan Update, Chapter 12 Annexation Plan to be reviewed by the State Preliminary Land Use Services group, the Planning Commission and the City Council in 2005. Traditional Neighborhood Design Ordinance The City identified that a Traditional Neighborhood design Ordinance was necessary to further the objectives of creating a mixed commercial residential neighborhood with the look and feel of the older portions of Dover. The City and the Delaware Department of Transportation worked with John Beckman from Wallace, Roberts and Todd from Philadelphia to develop the framework for the ordinance. The process included the consultant, representatives from the development community, professionals, both private sector and public sector, in the field and City staff. Once the draft ordinance was developed, the Planning Commission and the City Council worked closely with the staff to solicit comments from the public. The process ultimately resulted in an ordinance that offered the potential for quality urban development in Dover that respects urban design, mixed use neighborhoods, pedestrian friendly streets and the feel and look of Old Dover. It was approved by City Council on November 8, 2004. The first implementation of the ordinance will be for the Plan for Eden Hill Farm.


Eden Hill Farm Property As a result of studies that were commissioned for the property over 2002 and 2003, the property owners of Eden Hill Farm determined their preference was for a mixed use development that reflected a traditional neighborhood design. After consideration of alternatives, the prospective mechanism to accomplish the desired outcomes was the Traditional Neighborhood Design component to the City of Dover Zoning Ordinance. The large group interested in the development of this significant and historic space adjacent to Downtown Dover participated in the development of the TND ordinance and has since begun the process of requesting rezoning the property to TND. A Rezoning request is expected in 2005.

Memorandum of Understanding A component of the Comprehensive Plan Implementation was to establish the types of projects that the City could and should review on our own and those that the State felt would require their input. The staff of the Department worked with that of the Office of State Planning Coordination to develop a Memorandum of Understanding (MOU) to prescribe the State participation and recommendations. The MOU was crafted to allow the City the greatest autonomy, while allowing the State to make recommendations on issues that involve more than the City. It made the distinction between relatively minor changes in the Plans and those that really require State comment. The MOU was approved by the City Council on February 9, 2004. Amendments to the Subdivision Regulations: Street Widths There had been long standing interest in developing new regulations for determining the widths of streets in new subdivisions. It was included in the Comprehensive Plan as an item to be a project for the end of the five year Plan period. It became obvious that with the number of Departments with an interest in the development of the ordinance, that it should be created in 2004. The staffs of the Department of Planning and Inspections, the Department of Public Works and Robbins Hose Company worked to developed a new set of standards that accommodated accessibility for emergency vehicles, on street parking, pedestrian friendly neighborhoods, and a rational hierarchy of streets. The proposed Ordinance was presented to the Planning Commission in November and to the Utility Committee of City Council in December, 2004.

Strategic Plan for the Development of Downtown

Dover’s West Side Public and private interest groups continued to be involved in projects on Dover’s West Side thus beginning the implementation of the Strategic Plan for that area. The Downtown Dover Development Corporation worked to obtain a series of parcels for redevelopment at the intersection of Loockerman and Slaughter Streets.


During 2004 construction was completed on the shell of the new office building adjacent to the railroad station at the west end of Loockerman Street. Several of the tenant spaces were completed and over 40 percent of the available office space has been leased. The proposed development parcel was identified by the West Side Plan as a key redevelopment site. During 2004, the Downtown Dover Development Corporation acquired the Chesapeake Supply property on Railroad Street to add to the one acre parcel it already owned. The agency negotiated with the owner of the Capital Scrap Yard on West Street to acquire it for clean up. The DDDC also initiated an application with DNREC for funding for the clean up of the Brownfield site. The property that had been assembled at the corner of Slaughter Street and West Loockerman Street was actively being marketed by the end of 2004. All of these activities were to further the West Dover Plan

Demolitions/Buildings Declared Dangerous by City Council

122 West Division Street was declared dangerous by the City Council in March 2004. It was demolished in August 2004.

Business License and Apd

The Department of Planning and Inspections worked wlicense and permit fees to more accurately reflect the deincreases to the Chamber of Commerce, the Home BuiDevelopment Corporation and provided presentations tThe increases were in general 10% or lower, reflecting were ultimately approved in June, 2004 .

Race Weekend Ven The Department, led by the Fire Marsite processing of vendor licenses for

2004 Annual Report

223 McKee Roa

plication Fee Increases

ith the City Manager to develop a new schedule of mand on the City. Staff presented proposed

lders Association, the Central Delaware Economic o the Planning Commission and the City Council. the ten year period from the last increase. The fees

dor License Accommodations

shal’s Office, developed a proposal to provide near vendors attending the September 2004 NASCAR

Department of Planning and Inspections Page 15

Weekend at the Dover International Speedway. This would allow the Inspectors to refer the vendors to a central point rather than accepting application and fees themselves in their rounds of the track area. The staff presented the idea of a processing location within Home Depot to meet the vendors in the area. Home Depot graciously agreed to allow staff to set a table and connect to their phone line to connect to the City’s system for the processing. Collections at the Home Depot exceeded $7,000. It was the first race that the Department established the policy of requiring one vendor license for each vendor location in the area, despite common ownership.


IV. 2003 COMMITTEE REPORTS

Board of Adjustment The Board heard seventeen requests for variances from the Zoning Ordinance during 2004. This number of applications is a new trend of increased requests. Many of the requests were for additional sign area. Of the seventeen requests, only nine were approved. The requests approved included proposals for the redevelopment of houses on lots in the older portions of Dover that do not meet current standards.

Board of Adjustment Applications 1996-2004

0

5

10

15

20

25

1996 1997 1998 1999 2000 2001 2002 2003 2004

Applications Approved

Downtown Dover Development Corporation

The Downtown Dover Development Corporation (DDDC) continued to play a lead role in the activities of the Downtown Dover area as the entity most able to make significant changes. They are part of a continuum of efforts for downtown improvements that includes the Main Street organization and the interests of the business owners. Their contribution is in the form of land assemblage and appropriate transfer, coordination among interest groups, and long-range planning.

DDDC Long Range Plan

RecommendationsRecommendations•Parking•Restaurants•West End Project•Housing•Heritage/Cultural•Acme Redevelopment•Division St Streetscape•Capitol Cleaners•Mirror Lake

During 2004, the Downtown Dover Development Corporation negotiated and purchased the former


Frear Dairy site, now known as the Chesapeake Supply property on Railroad Ave. The property was inspected by DNREC for potential contamination late in the year. The agency agreed to negotiated with the owner of the Capital Scrap Yard on West Street and to take ownership to facilitate clean up and adaptive reuse. To accomplish this, the Corporation also requested and received Brownfield funding from DNREC to begin the clean up. The property at the corner of Slaughter Street and West Loockerman Street. is actively being marketed and enjoyed some interest. In working with other interest groups the DDDC also heard monthly reports from the City Police Department and Main Street Dover on the relevant issues in which they had participated.

Historic District Commission The Historic District Commission reviewed seven (7) applications for Architectural Review Certificates in 2004. Projects ranged from exterior improvement projects such a window replacement and wood trim work repair to proposals for the construction of new buildings or building additions within the Historic District. These new construction projects involved a new mixed-use building at 135 South Kirkwood Street and the two story building addition on the South Governors Avenue elevation of Fire Station 1 of the Robbins Hose Company. The Historic District Commission also approved an Historic Properties Tax Credit award to assist with the project costs of replacing an existing metal roof with a new metal roof at 33 South State Street.

Parking Authority

During its monthly meetings the Parking Authority reviewed financial and parking permit reports. The primary activity for 2004 was the presentation of the a parking study for the Downtown area South of Division Street prepared by Kise, Straw and Kolodner (KSK). The Authority arranged the opportunity for the Council and Public to hear the results of the study. Since that time, they have taken steps to implement the recommendations of the study, including the manufacture of new signs for the downtown parking lots and the decision to purchase equipment for the metering of the Bradford Street lot. The Authority also began a new study of the area north of Division Street around Wesley College. KSK agreed to take on the additional study area and was under contract to do so late in 2004. In October, the Parking Authority conducted its annual walking tour to visit and examine existing parking facilities under their management. Authority members observed that most of the designated permit spaces are occupied while the vast majority of the two- hour and free customer spaces are usually unused. Some speculate that this is due to a lack of

publicity of the free spaces.


Planning Commission In 2004, a high volume of development applications continued to be reviewed by the Planning Commission and/or the Planning staff surpassing the number from 2003. The City of Dover Planning Commission and staff reviewed over 91 separate development applications including 33 site plans, nine rezoning requests, five annexations, nine conditional uses, 10 subdivisions, and 25 Miscellaneous requests.

Planning Commission Applications 2004

Annexations, 5

Site Plans, 33Rezonings, 9

Subdivisions, 10

Miscellaneous, 25 Conditional Uses, 9


V. Analysis of 2004 Revenue

The Department of Planning and Inspections has experienced some unanticipated drop in permit revenues for the period. Even with a change to the fees applied to the permit types, the income has not kept pace with the 2003 income. 2003 was a record year for total permit income, but that included significant projects being permitted during the

year, such as the BayHealth Medical Center expansion. In 2004, New Construction permits generated $240,000 in revenue, down from the nearly $400,000 in 2003. The total fees collected for the year was almost $500,000. The total amount collected is a 32 percent decrease from 2003. It is, though, nearly equal to the previous high in 2000. While the income was decreased, the

number of permits has increased. The number of residential permits required of the contractors that are now building on the lots that have been approved over the past several years is the primary component of the new permits. The City now has almost 4000 units in approved and open residential subdivisions and other housing projects (such as Luther Towers that have been permitted).

Permit Income by Type CY 2004Total $484,869

ADDITION RENOVATION

PERMITS, $136,190.00

MISC. PERMITS, $11,384.50

PLUMBING PERMITS,

$30,738.00 MECHANICAL PERMITS,

$42,045.50

FIRE PREVENTION

PERMITS, $24,420.00

BUILDING PERMITS ISSUED,

$240,091.00

$0

$200,000

$400,000

$600,000

$800,000

Dol

lars

1998 1999 2000 2001 2002 2003 2004

Permit Income by Type 1998-2004

Construction Fire Prevention Plumbing & Mechanical

$0$20,000,000$40,000,000$60,000,000$80,000,000

$100,000,000$120,000,000

Dol

lars

1998 1999 2000 2001 2002 2003 2004

Permit Value By Year 1998-2004

Permit Value

The valuation of the permits that were processed during 2004 indicates a clear decrease in the value of the developments. This is attributabled to the greater proportion of residential permits being requested and the


relative fewer commercial or major permits. In 2004, the value of the development permitted was approximately 50% of the value of the 2003 permits, but higher than in 2002.

The Department of Planning and Inspections also distributed business licenses for the City of Dover as well. The City increased the fees for Business Licenses in June, 2004, which was reflected in all of the renewals in response to our statements sent in July. The value of all Business Licenses for 2004 was $1,576,194. This is a 14% increase over the

income from 2003. The chart above includes all fees related to public occupancies and rental units, as well as the fees directly associated with business activity. The licenses are located with the Department to allow coordination with the Inspection staff to efficiently verify possession of a license as they encounter businesses in the field.

Income From Licenses CY 2004

CONTRACTORS , $373,718.20

RENTAL DWELLINGS, $276,930.00

PUBLIC OCCUPANCIES,

$8,413.75

MOBILE HOMES CONSTRUCTION,

$15,588.75

MERCHANTS, $294,304.55

LODGING HOUSE,

$17,107.50 BUSINESS LICENSES,

$590,131.42

The total income that may be attributed to the Department of Planning and Inspections is the sum of the various Building Permits, Occupancy Permits, Application Fees for Reviews, and the various License Fees. In 2004, these totaled over $2,080,000. The number of Business Licenses was higher than in 2003. The rental dwelling licenses are where they should be due to the diligence of the property maintenance inspection staff. Similarly, the number of business licenses has increased. The Department reviews the licenses we have issued to confirm complete compliance.

Major Income Sources CY 2004

Applications, $22,310

Business Licenses,

$1,273,743

Building Permits, $484,869

Public Occupancy &

Rental Licenses, $302,451

Total: $2,083,373

The income attributable to the Department is a significant contribution to the General Fund for the City of Dover. The contribution of the staff to the quality of life for our residents exceeds the costs of the services. The following pages represent detailed information on the activities of the Department over the period.


VI. Commission Activity Board of Adjustment

FILE# PLAN NAME LOCATION TYPE Bldg Sq. Footage/ ACREAGE

ACTION DATE

V-04-01 Country Homes, LLC 144 Holmes Street Setbacks N/A Denied 2/18/2004

V-04-02 Monster Racing K.C. Aeropark Lot 16 Front Setback N/A Approved 2/18/2004

V-04-03 James & Jeanne Persinger 400 N. Bradford Street Front Yard Setback N/A Approved 2/18/2004

V-04-04 The People's Church of Dover 46 S. Bradford Street Signage12 Sq.

Ft. Denied 3/17/2004

V-04-05 Wayne & Joanne Hutchison 230 N. Governors Avenue

Addition-Lot Coverage

360 Sq. Ft. Withdrawn 3/17/2004

V-04-06 Seskinore Senior Apartments McKee Road Flood Plan 5.05

Acres Approval 3/17/2004

V-04-07 Brian & Elaine Scanlon 6 Meadow Lark Lane Storage Shed Setbacks N/A Tabled 3/17/2004

V-04-08 William & Eleanor Paradee 1001 Forrest Avenue Setback & Parking N/A Approved 4/21/2004

V-04-09 Four Season Development Lot 27 Rear Setback N/A Denied 4/21/2004

V-04-10 K.C. Community Action Agency 120 S. Governors Avenue

# of Children allowed N/A Approved 5/19/2004

V-04-11 Four Season Development Lot 28 Front Setback N/A Denied 5/19/2004

V-04-12 Central Habitat for Humanity 200 N. Kirkwood Street Front & Side Setback N/A Approved 8/18/2004

V-04-13 Dover First Seventh Day Adventist Church 647 Wyoming Avenue Signage

35.87 Sq.Ft Denied 9/15/2004

V-04-14 Tom & Kathy English 35 S. Queen Street Side Yard Setback N/A Approved-Stipulations 10/20/2004

V-04-15 Communications Tower Mark L. Lloyd-S. State St. at Rt. 13

1159 S. DuPont Highway

Height Requirements N/A Denied 10/20/2004


V-04-16 Whatcoat Social Service 381 College Road Parking/lot coverage N/A Pending 11/17/2004

V-04-17 State St. Inn, J. Michael & Yvonne Hall 228 N. State Street Signage 12 Sq. Ft. Approved 12/15/2004

Historic District Commission

FILE#

PLAN NAME

LOCATION

TYPE

BLDG. SQ. FT.

ACTION

DATE

H-04-1 Roberta Schmittinger Residence 2 Kings Highway

Window Replacement N/A Approved 2/19/2004

H-04-2 Margaret O'Neill Building 410 Federal Street Façade Renovation N/A Approved 2/19/2004

H-04-3 Building (Storage, Office, Apartmnt) 135 S. Kirkwood Street

Proposed 4 Story building

2,976 SF

Recommend Approval with

Conditions 4/15/2004

H-04-4 Delaware State Housing Authority 24-26 The Green

Parking lot Improvements

0.6345 Acres

Recommend Approval 4/15/2004

H-04-5 New Jerusalem Baptist Church 25 Slaughter Street Addition 5,500

Info Presentation/No Action on Application N/A

H-04-6 Robbins Hose Company

103 S. Governors Avenue

Addition /Demolition

17,065 SF

Recommend Approval 8/19/2004

H-04-7 Old State House 56 The Green Doors/Windows/ Shutters N/A

Information Presentation

Admin. Review


Planning Commission Site Plan Applications FILE#

PLAN NAME

LOCATION

TYPE BLDG. SQ.FT.

PLANNING COMMISION ACTION

DATE

S-04-01 Bennie Smith Office Buildings/Business Occupancy 870 Forrest Street Office Buildings 32,532 s.f. Approved 1/20/2004

S-04-02 Proctor and Gamble 1340 W. North Street Truck Loading Dock Addition 1,590 s.f. Approved 6/21/2004

S-04-03 Parking Lot Addition for Duncan Depot W. side of S. Kirkwood Street Parking Lot addition 12,922 s.f.

Approved w/ Conditions 6/21/2004

S-04-04 St. Andrews Evangelical Lutheran Church Addition 425 N. Dupont Highway Addition 8,540 s.f.


S-04-05 Dover Haslet Armory 122 William Penn Street Office Building 5,469 s.f. Approved w/ Conditions 2/17/2004

S-04-06 Longmar II, Inc. Site 122 N. Dupont Highway Building Renovation 14,400 s.f. Administrative

Review 2/12/2004

S-04-07 Enterprise Rent-a-car 580 Bay Road Building Renovation 2,856 s.f. Administrative

Review 3/19/2004

S-04-08 Enterprise Business Park Lots 4 & 5 S. side of Beiser Boulevard Office Buildings 18,056 s.f. Approved 3/15/2004

S-04-09 CATO Development Forrest Avenue Building 4 (lot 1) 4,572 s.f. Administrative

Review Pending

S-04-10 Building at 135 S. Kirkwood Street 135 S. Kirkwood Street Storage/Office/ Apartments

0.6345 Acres


S-04-11 Bryan Business Park Lot 2 & 4 Maggies Way Commercial Buildings 14,800 s.f. Approved w/ Conditions 4/19/2004

S-04-12 Fast Food Restaurant / Car Wash 1481 N. Dupont Highway Restaurant/Commercial Building 3,648 s.f Withdrawn 6/21/2004

S-04-13 Marriott Courtyard - Hotel 600 Jefferic Boulevard Hotel 77,748 s.f. Approved w/ Conditions 4/19/2004

S-04-14 Jakes Hamburger's Blue Hen Corp. Center - 645 Bay Road Building Renovation 39,927 s.f.

Administrative Review 3/25/2004

S-04-15 Kent County Administration Building 555 Bay Road North Site Plan & Landscape Plan N/A


S-04-16 Delaware State Housing Authority 24-26 The Green Parking Lot Improvements

0.6345 Acres



S-04-17 Commerce Bank 758 N. DuPont Highway Bank with Drive-thru 4,099 s.f. Approved w/ Conditions 5/17/2004

S-04-18 Armory Trash Compactor Relocation East Water Street Armory Trash Compactor Relocation 1,343 s.f.


S-04-19 Creekstone Center 1200 S. Governors Avenue Commercial/Residential Complex

9.282 Acres


S-04-20 Seskinore Development McKee Road

18 Unit Residential Age Restricted Condominiums

5.047 Acres

Approved w/Conditions 6/21/2004

S-04-21 DelDOT Public Safety/DMV 800 Bay Road

Site Improvements/ Building Additions

122.82 Acres Approved 6/21/2004

S-04-22 Delaware State University 1200 N. DuPont Highway Stadium Visitor Bleachers Project

0.896 Acres


S-04-23 Dover Downs 1131 N. DuPont Highway Back Stretch Wall Replacement N/A


S-04-24 Wesley College Football Field Clara Street Turf/Bleacher Project N/A Administrative

Review 9/24/2004

S-04-25 Prime Shine Car Wash 226 N. Dupont Highway After Care/Cashier Building/Reno 6,275 s.f.

Approved w/Conditions 9/20/2004

S-04-26 Kohl's Department Store 299 N. Dupont Highway Commercial Building 95,566 s.f. Approved 9/20/2004

S-04-27 West Willow Development: Wawa Bay Court Plaza 650 Bay Road

Retail Building w/Gas Pumps 5,773 s.f.


S-04-28 Leone Properties, LLC 46 S. State Street Office Building 12,447 s.f. Administrative

Review Pending

S-04-29 Robbins Hose Company: Office Addition 103 S. Governors Avenue Addition/Service Bays 12,900 s.f.


S-04-30 Tidewater Utilities 1100 S. Little Creek Road Mobile Office/ Storage Shed 1,440 s.f.


S-04-31 Cardiology Consultants-CAWP, LLC 1100 Forrest Avenue Office Building - Phase II 16,000 s.f. Approved 12/20/2004

S-04-32 George & Lynch Lafferty Lane Office/Maintenance/ Storage Buildings 35,135 s.f.


S-04-33 Tall Pines Condominiums Chestnut Grove Road and Kenton Road

Garden Apartments/ Residential Condos 47,616 s.f.



Conditional Uses

FILE# PLAN NAME LOCATION TYPE BLDG. SQ. FT.

Planning Commission

ACTION DATE

C-04-01 Clearview Meadow - PND Between N. Little Creek Road & South Little Creek Road

PND - Conceptual Plan

88.2647 Acres

Approved w/ conditions 4/19/2004

C-04-02 Kent County Community Action Agency, Inc

120 S. Governors Avenue Daycare Center 77,101.2 SF

Approved w/ conditions 4/19/2004

C-04-03 Creative Art & Company 31 W. Loockerman St. Barbershop 1,300 SF Withdrawn by

Applicant 7/8/2004

C-04-04 Zimmerhause II 2 American Avenue PND - Senior Housing Option 12,000 SF

Withdrawn by Applicant 8/16/2004

C-04-05 ABC Club Child Care Center 30 Hazel Road Daycare Center 0.3047 Acres

Withdrawn by Applicant 9/20/2004

C-04-06 Tender Years Daycare 407 Worchester Drive Daycare Center 0.2066 Acres Approved

10/18/2004

C-04-07 Seventh Day Adventist Church 647 Wyoming Avenue Daycare Center

3.9923 acres

Approved w/ conditions

11/15/2004

C-04-08 William & Jennifer Schick 870 Forest Street, Bldg #2 Daycare Center 32,532 SF Approved

11/15/2004

C-04-09 Bay Village - PND White Oak & Long Point Road

PND-Senior Housing 224 Acres Pending PENDING


Rezoning Applications

FILE# APPLICANT LOCATION FROM/TO APPROVAL BY CITY COUNCIL

ACRES

Z-04-01 Lands of Robert M. Duncan 135 S. Kirkwood Street RG-1 & H and C-2 & H 2/9/2004 7,500 S.F.

Z-04-02 Lands of Robert M. Duncan 114-118 S. Kirkwood Street RG-1/C-2 3/8/2004 12,922 S.F.

Z-04-03 Lands of Paradee 1001 Forrest Avenue C-3 & IO and C-2A, COZ1 3/8/2004 1.47 Acres

Z-04-04 Lands of Bramble Charitable Foundation Near US Rt 13 & Cedar Chase Dr.

RG-2/ C-4 4/12/2004

5.8581 Acres

Z-04-05 Lands of Mary E. McKee 1021 College Rd R-8/ CPO Withdrawn 5.7 Acres

Z-04-06 Lands of Riverview Associates 40 N. Saulsbury Rd C-3 & C-2A/IO & COZ-1 Pending 2.20 Acres

Z-04-07 Lands of Robino BayCourt Plaza LLC Baycourt Plaza-650 Bay Rd SC-2 / C-4 7/12/2004 3.4 Acres

Z-04-08 Lands of Rebecca & Joseph Gates 605 S. State Street R-10/ IO 9/13/2004 3.6 Acres

Z-04-09 Carl Moore Properties 190 Old Leipsic Road R-10/ C1A 10/18/2004 0.83 Acres


Miscellaneous Planning Applications

FILE#

PLAN NAME

LOCATION

TYPE

BLDG. SQ. FT.

ACTION

DATE

MI-04-01 Memorandum of Understanding N/A PLUS Review Process N/A City Council 2/9/2004

MI-04-02 Lands of John & Rosemarie Van Dorpe 47 Elm Terrace Minor Lot Line Adjst N/A

Admin. Review 2/9/2004

MI-04-03 Handicapped Signage Proposed N/A Ordinance Amendment N/A City Council

MI-04-04 Comprehensive Plan Amendment N/A Land Use Categories N/A N/A Withdrawn

MI-04-05 Lands of Joseph Marango 46 N. Halsey Road Minor Lot Line Adjst N/A Admin. Review 5/5/2004

MI-04-06 Lands of John R and Norma Collins American Avenue Minor Lot Line Adjst N/A Admin. Review 6/2/2004

MI-04-07 Lands of Mary Mckee 1021 College Road Land Development Plan Amendment N/A

Planning Commission

Recommend Denial

MI-04-08 Text Amendments: Application Fees N/A Application Fees N/A City Council 7/13/2004

MI-04-09 Bay Village Veteran's Home Project White Oak Rd/Long Point Presentation of Idea

20 Acres

City Council Information

MI-04-10 Kent Budget Motel 383 N. Dupont Highway

Property Boundary Clara. N/A

Admin. Review

Pending Information

MI-04-11 Delaware Industrial Enterprises Bay Road Boundary/Wetland Delin. N/A

Admin. Review

Pending Information

MI-04-12 Lands of Clifton & Marie Hutton Kenton Rd/Foxhall Drive Comp. Plan Amend. N/A City Council 10/7/2004 Denied

MI-04-13 Lands of Carl Moore Old Leipsic Road Comp. Plans Amend. N/A City Council 10/14/2004

MI-04-14 Eden Hill Farm North Street Minor Lot Line Adjst N/A Admin. Review 11/16/2004

MI-04-15 Traditional Neighborhood Design Zone N/A Text Amendment N/A

City Council Action 11/8/2004


MI-04-16 Text Amendment N/A Street Width N/A City Council 2/14/2005

MI-04-17 Bay Village White Oak Rd/Long Point Rd PND

224 Acres

Concept Plan to City Council 9/27/2004

MI-04-18 Simpson Industrial Park Lafferty Lane Minor Lot Line Adjst N/A Admin. Review 10/22/2004

MI-04-19 Lands of Carl Moore Old Leipsic Road Land Deve. Plan Amndm N/A

MI-04-20 PND - Senior Citizen Housing Option College Road Restricted Condominium

4.32 Acres

Concept Plan to City Council

MI-04-21 State Route 8 N/A Traffic Impact Study N/A Information File

MI-04-22 The Overlook on Silver Lake Overlook Place Minor Lot Line Adjst. N/A Admin. Review 11/29/2004

MI-04-23 Kent County Levy Court & OTAC Delaware Property

S Little Creek Rd/Route 113 Minor Lot Line Adjst. N/A


MI-04-24 Lands of Halpern Family Property Investment South Governors Ave. Minor Lot Line Adjst. N/A

Admin.Review 12/29/2004

MI-04-25 Whatcoat Social Services Agency, Inc.

College Road Minor Lot Line Adjst. N/A



Annexations

FILE# APPLICANT LOCATION

COUNTY ZONING

CITY ZONING

ACREAGE

PLANNING COMMISSION RECOMMENDATION

COUNCIL ACTION APPROVAL

AX-04-01 Lands of Sadusky - Woodbrook Development

2521, 2507 Chestnut Grove Road AR RG-2 2.647 5/17/2004 8/9/2004

AX-04-02

Lands of Shirley Bush and William G Bush IV (Bush Farm)

North Side of Denny's Road along McKee Rd. RS-1 RM-1 133.46 7/19/2004 8/23/2004

AX-04-03 Lands of Leonard & Catherine Moore 1076 Forrest Avenue RS-1

CPO &COZ-1 2 10/18/2004 11/8/2004

AX-04-04 Lands of Clifton and Marie Hutton

Kenton Road & Foxhall Drive RS-1 N/A 1.45 10/18/2004

11/8/2004-Denied

AX-04-05 Lands of Richard Devincentis 1462 N. Little Creek Rd.

BN & RMH

RG-2 & AEOZ 4.173 11/15/2004 12/13/2004

AX-04-06 Lands of Traci McDowell & Greg Gahm 80 Nixon Lane RS-1 R-20 1.0044 PENDING PENDING


Subdivisions

FILE# APPLICANT LOCATION

TYPE OF APPLICATION

OF LOTS/ ACRES

PLANNING COMMISISON ACTION

DATE

SB-04-01C Nottingham Meadows 5096 Hazlettville Road Conceptual Subdivision 212 Lots w/ Conditions

Approved 1/20/2004

SB-04-02 Lands of Maple Dale Country Club

Entrance of Maple Dale Country Club

Minor Subdivision 0.4938 Acres Approved 5/17/2004

SB-04-03 Lands of Michael Bloom S. Side of Lafferty Lane Minor Subdivision 116.9548 Acres Approved 5/17/2004

SB-04-01P Nottingham Meadows 5096 Hazelettville Road Preliminary Subdivision 212 Lots w/ Conditions

Approved 7/19/2004

SB-04-04P Clearview Meadow - PND Between North and South Little Creek Road

Preliminary Subdivision Plan 88.2647 Acres


SB-04-05 Lands of Robino – Bay Court Plaza, LLC West side of Bay Road 113

Minor Subdivision 19.6785 Acres


SB-04-06 Lands of Mary McKee 1021 W. State College Road Minor Subdivision 6.1163 Acres


SB-04-07C Chestnut Grove Farms Chestnut Grove Road Conceptual Subdivision 50.86 Acres


SB-04-08 Lands of L. Gene McFann 2289 White Oak Road Minor Subdivision 1.0795 Acres Approved 11/15/2004

SB-04-09C Bush Farm- Lands of Wm & Shirley Bush

West Denny's Road and McKee Road

Conceptual Subdivision 134.43 Acres


SB-04-10C Somerset Park McKee Road Conceptual Subdivision 12.5733 Acres w/ Conditions

Approved 12/20/2004


ACTION FORM

PROCEEDING: Council AGENDA ITEM: 03-14-05 – 9A

DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 03-02-2005

PREPARED BY: Scott D. Koenig, P.E., Director of Public Works

SUBJECT: Puncheon Run Interceptor Sewer Extension – Engineering Services Agreement (Design)

REFERENCE: N/A

RELATED PROJECT: N/A

APPROVALS: City Manager, Finance Director

EXHIBITS: Exhibit A – Proposed 2006-2010 CIP page regarding this project; Exhibit B – Pennoni’s

Proposal for Professional Design Services

EXPENDITURE REQUIRED: $150,000 ($75,000 in FY-2005 & $75,000 in FY-2006). AMOUNT BUDGETED: $150,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Page 191 of the 2005-2009 CIP & Page 343 (Acct. 40-35) of the 2005 Annual Operating Budget. Funds for the design of the improvements are to be transferred from the Impact Fee Reserve Fund to the Operating Budget. This transfer will be documented in the mid-year review budget ordinance.

TIMETABLE: Design to begin immediately upon Council approval Final design to be complete by September 30, 2005 per proposal.

RECOMMENDED ACTION: Award engineering services agreement to Pennoni Associates, Inc. in the amount of $150,000 to plan and design all improvements necessary to extend the Puncheon Run Interceptor Sewer in a westerly direction to the farthest extend possible. All funds to cover the costs of the agreement will be transferred from the Impact Fee Reserve Fund as documented in the mid-year review budget ordinance.

BACKGROUND AND ANALYSIS In the late summer of 2004, the Department of Public Works issued a Request for Qualifications for water & wastewater engineering services. Based on the review of the submission from various engineering firms, the Department of Public Works requested a cost proposal from Pennoni Associates, Inc. to provide professional engineering services for the design of the Puncheon Run Sanitary Sewer Interceptor Extension. This project involves the planning and design of approximately 8,000 linear feet of a large diameter sanitary sewer interceptor line from the confluence of the branches of Puncheon Run, adjacent to New Burton Road, to Pump Station #34 on Hazlettville Road. It is proposed that Pennoni conduct topographic and aerial surveys of the area, apply for DNREC permitting, prepare easement documentation for acquisition of easements from DelDOT, design and detail the interceptor with associated improvements, prepare bid documents and attend two (2) design meetings with the City. Bidding and construction coordination services are not being requested at this time from the City since construction of the improvements is not proposed to begin until after FY-2006.

ACTION FORM

PROCEEDING: Council AGENDA ITEM: 03-14-05 – 9B

DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 03-07-2005

PREPARED BY: Scott Koenig, P.E, Director of Public Works

SUBJECT: Wellhead Redevelopment Program (Project #WS0505) – Additional Work Request

REFERENCE: N/A

RELATED PROJECT: N/A

APPROVALS: City Manager, Finance Director

EXHIBITS: Exhibit A – Quote from A.C. Schultes dated January 24, 2005

EXPENDITURE REQUIRED: $ 145,000 for the revised FY-2005 Program Budget AMOUNT BUDGETED: $ 35,000 in FY-2005 & $40,000 from FY-2004. Requesting amendment of $70,000 to increase total project budget in FY-2005 to $145,000. FUNDING SOURCE (Dept./Page in CIP & Budget): Water Improvement & Extension Fund

TIMETABLE: Well #6 motor & pump replacement will begin immediately and be completed within 60days.

RECOMMENDED ACTION: Approve the additional work request in the amount of $45,000 to include a new 100 hp VHS motor & pump assembly for Well #6. In addition, authorize staff to expand the program scope and budget to include the referenced improvements for a total FY-2005 program budget of $145,000.The request, if approved, will be included in the mid-year review budget ordinance.

BACKGROUND AND ANALYSIS A.C. Schultes of Delaware, Inc. has completed the mechanical redevelopment and post development testing of Well #6 as requested by City staff. Based on the test result and pump design confirmation by Liz Brown, P.G., our consultant for the program, the contractor has proposed the following pump assembly and motor replacement:

- One new IDP 10H75-9 stage bowl unit - 300’ of new 8” column assembly - One new 100 hp VHS motor - Stainless steel line shafts - Labor to install unit and perform start up testing - Estimated cost of listed improvements to be contracted = $42,904.00

Staff has anticipated some additional expenses related to the electrical system that have increased the overall cost estimate by $45,000. City staff will install the items that are related to the additional expenses. Funding for these expenses requires an additional transfer from the water operating budget. The budget line item 417-6800-568-10-31 is requested to be revised with the Mid-Year Review from $195,130 to $241,130 ($45,000 for this project and $1,000 for the Meter Reader Technology Program).

FINAL READING

BE IT ORDAINED BY THE MAYOR IN COUNCIL OF THE CITY OF DOVER, IN COUNCILMET:

That Chapter 7 - Fire Prevention and Protection, Article I - In General, of the Dover Code beamended by creating a new Section 7-7, Sprinkler Requirements, as follows:

Sec. 7-7. Sprinkler Requirements

(a) Places of assembly shall be sprinklered throughout in accordance with the mostrecently adopted edition of NFPA 13 when the following apply:

(1) All new indoor places of assembly with an occupant load of150 persons or greater.

(2) Any interior renovations of 50% or more to an existing placeof assembly with an occupant load greater than 150 persons.

(3) Any additions or increase in interior size to an existing placeof assembly that would create an occupant load of 150persons or greater.

(b) Places of assembly where alcohol is served for consumption on the premises shall besprinklered throughout in accordance with the most recently adopted edition ofNFPA 13 when the following apply:

(1) All new indoor places of assembly with an occupant load of100 persons or greater and where alcohol will be served forconsumption on the premises.

(2) Any interior renovation of 50% or more to an existing placeof assembly with an occupant load greater than 100 personsand where alcohol will be served for consumption on thepremises.

(3) Any additions or increase in interior size to an existing placeof assembly which would create an occupant load of 100persons or greater and where alcohol will be served forconsumption on the premises.

(c) New educational occupancies of 5,000 square feet or greater shall be sprinklered

throughout in accordance with the most recently adopted edition of NFPA 13.

(d) Three (3) feet of unobstructed clear width shall be designed, designated, andmaintained around sprinkler risers for access by firefighters and for maintenance.The three (3) feet shall be measured from the outer most components of the sprinklerriser and all related support equipment.

ADOPTED: *

regular council meeting a g e n d a...the l egislative, financ e, and a dminist ration committ ee me...

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