Anexo

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA JANUARY 13, 2014 - 5:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Transfer of Davis Estate Donation to the Dover Library Foundation (The City Manager Recommends That the Proceeds of the Davis Estate, in the Total Amount of $61,735.80, Be Transferred to the Dover Library Foundation. This Recommendation Is Supported by the Dover Library Foundation. In Addition, the City Manager Recommends the Drafting of a Policy That Will Outline How Future Donations of this Nature Will Be Handled.) 2. Proposed Plan to Cover Dangerous Building Demolition Costs (Staff Recommends Authorizing the City Manager to Transfer Unused Salary and Benefits in the Amount of $20,000 from the Planning Division, as Well as Other General Fund Divisions Throughout the City, to the Demolition Budget. This Authorization Will Increase the Demolition Budget from $140,000 to $250,000 for FY 2014.) 3. Proposed Ordinance #2014-01 - Amendment to Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes; Appendix C - Downtown Redevelopment, Article II - Definitions and Article III - Eligibility; and Appendix E - Commercial and Industrial Building Redevelopment, Article II - Eligibility (Amendments Would Require Compliance with Section 1-13 - Clean Hands; Provide for Revocation of the Incentives for Beneficiaries Who Are Delinquent on Obligations to the City; and Make Tax Exempt Properties Ineligible for the Incentives.) (Staff Recommends Adoption of Ordinance #2014-01) 4. Request for Infrastructure Reimbursement - Wesley College (Staff Recommends Authorizing the City Manager to Reimburse Wesley College for the Expenses Incurred in the City's Right-of-Way ($24,500 per Letter Dated December 20, 2013) Provided That Community Transportation Funds in an Amount Equal to or Greater than $24,500 Can Be Secured from Area Legislators to Replace the Funding Associated with the Reimbursement. The Reimbursement Will Be Issued Using General Fund Dollars Associated with the City's Concrete Construction and Replacement Program (Project # ST1402)) 5. Proposed Grant-In-Aid Policy 6. Adjournment by 7:00 p.m. /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2014\01-13-2014 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee Meeting DEPARTMENT OF ORIGIN: Library DATE SUBMITTED: 01/02/2014 PREPARED BY: Margie Cyr, Library Director SUBJECT: Transfer of Davis Estate Donation to the Dover Library Foundation REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Controller EXHIBITS: N/A EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): TIME TIMETABLE: Upon City Council approval. RECOMMENDED ACTION: The City Manager recommends that the proceeds of the Davis estate in the total amount of $61,735.80 be transferred to the Dover Library Foundation. This recommendation is supported by the Dover Library Foundation. In addition, the City Manager recommends the drafting of a policy that will outline how future donations of this nature will be handled. BACKGROUND AND ANALYSIS The Dover Public Library is an heir to the estate of Sata Davis and a beneficiary of the Frank Davis Trust. Mrs. Davis passed away in early 2013. Her will has made its way through the legal process; and the estate’s executor, Patricia Mercer, has sent the Library’s portion of the estate as dictated by the will. This totals $61,735.80 ($28,965.12 [Sata Davis] + $32,770.68 [Frank H. Davis]). Currently, the funds have been deposited in an escrow account held by the City of Dover. Mr. William Pepper, Esq., Assistant City Solicitor, was asked to review the will(s) to determine the Davis’ intent for the use of their gift. Mr. Pepper indicated that it seemed clear that the decedent’s intent was to benefit the library. A motion was made at the December 12, 2013, Dover Library Foundation Board meeting to “request the Dover City Council transfer the funds from the Davis Estate bequeathed to the Dover Public Library [$61,735.80] to the Dover Library Foundation to support its mission in accordance with its bylaws." The vote was unanimous, with the City Manager abstaining from voting on the matter. The topic of future donations was also discussed at the Dover Library Foundation Board meeting. All current fund raising uses the Dover Library Foundation as the beneficiary; however, there are likely instances where the Dover Public Library will continue to be identified as a beneficiary for years to come. A second motion was made "to direct the Library Director to work with the City Manager and Council liaison to craft a policy to be proposed to the City Council which will determine how future contributions to the Dover Public Library will be handled." This vote was also unanimous, with the City Manager abstaining from voting on the matter. A policy to address future donations will be presented once it can be drafted and reviewed. The City Manager recommends that the proceeds of the Davis estate gifted to the Dover Public Library be transferred to the Dover Library Foundation.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 01/03/2014 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Proposed Plan to Cover Dangerous Building Demolition Costs APPROVALS: Controller EXHIBITS: Exhibit A – Tabulation of Current & Anticipated Demolition Expenses – FY-2014 EXPENDITURE REQUIRED: $250,000 for FY-2014 AMOUNT BUDGETED: $140,000 FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Upon Council Approval. RECOMMENDED ACTION: Authorize the City Manager to transfer unused salary and benefits in the amount of $20,000 from the Planning Division as well as other General Fund divisions throughout the City to the demolition budget. This authorization will increase the demolition budget from $140,000 to $250,000 for FY-2014. BACKGROUND AND ANALYSIS In an effort to improve the quality of life in various neighborhoods throughout the City, staff has placed a continuous effort of the removal of dangerous buildings. This fiscal year has been very active compared to previous years as property owners have not responded to the Council’s dangerous building declarations by fixing the identified problems with the various properties; therefore, the City has been required to carry out the demolition orders on the properties. To date, we have spent or committed as much as $175,000 to the demolition efforts. Since the original budget was $140,000 for these efforts during FY-2014, the City Manager is proposing to adjust the budget to continue the demolition actions through the remainder of the fiscal year. Exhibit A identifies $250,000 of estimated demolition expenses for FY-2014. The $110,000 shortfall in the demolition budget can be made up by transferring $20,000 in unused salary and benefits from the Planning Office to the demolition budget and the remainder to come from other General Fund division personnel budgets. These funds are available due to a vacant Planner II position which has been vacant for approximately four (4) months. This will allow the City to continue our proactive approach to improving the quality of life throughout the City. The requested amendment and prior history is below as follows: As of this writing, the Director of Planning & Community Development expects the demolition budget request for FY-2015 to be in the range of $150,000 - $175,000.

City of Dover FY14 Demolition Costs Exhibit A - Tabulation of Current & Anticipated Demolition Expenses - FY-2014 Address Council Action CAF Estimate Demo Start Contractor Amount Balance $ 140,000.00 231 N. Queen Street 4/8/2013 $10-15K 7/18/2013 Gateway $ 8,900.00 $ 8,900.00 $ 131,100.00 423 Cecil Street 4/22/2013 $10-15K 7/2/2013 AIM $ 2,160.00 Compliance $ 1,195.00 Gateway $ 6,800.00 $ 10,155.00 $ 120,945.00 528 Fulton Street 5/28/2013 $10-15K 8/19/2013 Gateway $ 4,800.00 AIM $ 400.00 Compliance $ 2,757.50 $ 7,957.50 $ 112,987.50 427 W. Division Street 6/24/2003 $10-15K 9/9/2013 Compliance $ 3,455.00 Larimore $ 6,630.00 AIM $ 1,650.00 $ 11,735.00 $ 101,252.50 45 S. Queen Street 7/8/2013 $15-20K 10/8/2013 Sunnyfield $ 6,969.00 Compliance $ 3,512.50 Fishers Environmental $ 2,640.00 $ 13,121.50 $ 88,131.00 123 Blue Beach Drive 9/9/2013 $10-18K Sunnyfield $ 4,780.00 Compliance $ 300.00 $ 5,080.00 $ 83,051.00 24 N. New Street 10/28/2013 $20-25K 12/9/2013 Design Contracting $ 17,900.00 Marble $ 75.00 Compliance $ 8,156.25 AIM $ 8,350.00 $ 34,481.25 $ 48,569.75 710 Slaughter Street 9/9/2013 $15-20K 11/5/2013 Gateway $ 6,800.00 Compliance $ 2,587.50 Astec $ 2,300.00 $ 11,687.50 $ 36,882.25 67 S. Queen Street 7/8/2013 $30-40K 12/2/2013 Gateway $ 8,200.00 AIM $ 1,100.00 Compliance $ 850.00 Compliance $ 3,050.00 $ 13,200.00 $ 23,682.25 Delaware Mulch & 238 Railroad Avenue 8/12/2013 $58K 11/8/2013 Stone $ 58,000.00 $ 58,000.00 $ (34,317.75) 92 Orchard Avenue 5/28/2013 $10-15K 6/15/2013 Alex Cleaning Service $ 500.00 640 Nimitz Road None n/a Marble $ 300.00 451 Barrister Place None n/a Marble $ 150.00 312 W. Loockerman St. None n/a Marble $ 128.00 Miscellaneous None n/a Wyoming Millwork $ 142.22 $ 1,220.22 $ (34,360.75) 43 S. Kirkwood Street 7/8/2013 $15-20K $ 15,000.00 $ (49,360.75) 101 S. Queeen Street 7/8/2013 $15-20K $ 15,000.00 $ (64,360.75) TBD Residential $ 15,000.00 $ (79,360.75) TBD Residential $ 15,000.00 $ (94,360.75) TBD Residential $ 15,000.00 $ (109,360.75) 1/7/2014 1 of 1

COMMITTEE ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections/City Manager’s Office DATE SUBMITTED: January 3, 2014 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development SUBJECT: Proposed Ordinance #2014-01 REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Deputy City Solicitor, City Clerk EXHIBITS: Proposed Ordinance #2014-01 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Forward to City Council for First Reading on 1/27/14 and Final Reading and Action on 2/10/14 RECOMMENDED ACTION: Staff recommends the Committee forward the ordinance to City Council with a recommendation for adoption. BACKGROUND AND ANALYSIS The City offers incentives to certain qualifying industries, businesses, and homeowners to expand or locate within the limits of the City, and business and property owners to improve their properties. These incentives are addressed in Chapter 102 – Taxation, Appendix C – Downtown Redevelopment, and Appendix E – Commercial and Industrial Building Redevelopment of the City of Dover Code of Ordinances. The City offers tax abatement incentives to certain qualifying industries and businesses to expand or locate in the City, and persons purchasing residential real property (where they will reside) within a designated area. Additionally, in the Downtown Redevelopment Target Area, eligible projects may receive a full waiver of building permit fees, a full waiver of City impact fees (for multi-story mixed use development), and abatement of the property taxes on the improvements for a period of ten years. For commercial and industrial buildings, where there are renovations to establish a new business, projects may receive a 50% reduction in building permit fees, a 50% reduction in any applicable City impact fees, and abatement of the property taxes on the improvements for a period of ten years. In recent years, some of the beneficiaries of these incentives have become delinquent on City taxes. Currently there is no mechanism to revoke the outstanding incentives if property owners are delinquent. The proposed amendments would require compliance with the City’s Clean Hands Ordinance and provide for the revocation of approved but unrealized incentives if the beneficiary of the incentives becomes delinquent on obligations owed to the City. The proposed amendments reference and are consistent with the City Clean Hands Ordinance, which prevents the City from issuing permits or establishing services for property owners who are delinquent on obligations to the City. The proposed ordinance would also make tax exempt properties ineligible for the incentives.

CITY OF DOVER PROPOSED ORDINANCE #2014-01 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose, be 4 amended by inserting the blue, bold text and deleting the text indicated in red, bold, strikeout, as follows: 5 In the option opinion of city council, the abatement of city real estate taxes for certain qualifying 6 industries and businesses defined herein best promotes the public welfare by providing incentives for them 7 to expand or locate in the city, thereby creating new employment opportunities for the citizens of the city 8 and ultimately strengthening the city's tax base. 9 BE IT FURTHER ORDAINED: 10 That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, be amended by adding a new 11 Section 102-118 - Revocation of Eligibility, to read as follows: 12 Sec. 102-118 - Revocation of Eligibility 13 The beneficiary of the incentives provided by this Article must remain current on all obligations due 14 the City. If, at any time after the incentives have been granted, the beneficiary of the incentives becomes 15 delinquent on any of the obligations listed in Section 1-13(b), the city manager shall revoke the eligibility 16 for any portion of the incentives not yet received by the beneficiary. Notice shall be given to such 17 beneficiary in writing. 18 For the purposes of this section, the beneficiary of the incentives shall include the person or 19 artificial entity that receives the incentive and the owner of one-half or greater interest in an artificial entity 20 that receives the incentive. 21 BE IT FURTHER ORDAINED: 22 That Appendix C - Downtown Redevelopment, Article II - Definitions, be amended by deleting it in its 23 entirety and inserting in lieu thereof the following: 24 The following words, terms and phrases, when used in this ordinance, shall have the meanings 25 ascribed to them in this article, except where the context clearly indicates a different meaning: 26 Section 1. Beneficiary of the incentives. 27 The beneficiary of the incentives shall include the person or artificial entity that receives the incentive 28 and the owner of one-half or greater interest in an artificial entity that receives the incentive. 29 Section 2. Downtown Dover Partnership. 30 The Downtown Dover Partnership shall be established for the purpose of fostering redevelopment 31 within the target area.

Proposed Ordinance #2014-01 - Appendices C and E - Development/Redevelopment Incentives Page 2 32 Section 3. Eligible project. 33 Eligible project shall mean a new construction or renovation which: 34 (a) Is located within the target area; and 35 (b) The fair market value of the materials to be used in and the labor to be performed on the project 36 exceeds the sum of $15,000.00; and 37 (c) Is for commercial, office, or a residential use; and 38 (d) Conforms to the intent of this ordinance. 39 In order for a residential use to be an eligible project, the object of the construction or renovation 40 must be a dwelling unit as defined in article 12 of the City of Dover zoning ordinance [appendix B]. 41 Construction or renovation of accessory buildings as defined in article 12 of the City of Dover 42 zoning ordinance [appendix B] shall not be eligible for development incentives. Construction or 43 renovation which constitutes ordinary replacement or routine maintenance shall not qualify as an 44 eligible project. 45 Section 4. Target area. 46 Target area shall mean that part of the city more particularly described as follows: 47 Beginning at a point at the intersection of the centerlines of Cecil and North State Streets, then 48 continuing on the centerline of North State Street in a southerly direction to the intersection of the 49 centerline of State Street and an extension of the centerline of Delaware Avenue, then continuing 50 on the centerline and an extension of the centerline of Delaware Avenue in an easterly direction to 51 the point of intersection of an extension of the centerline of Delaware Avenue and the St. Jones 52 River, then following the centerline of the St. Jones River in a southerly direction to the point of 53 intersection of the centerline of the St. Jones River and the southerly property line of lands now or 54 formerly of the Catholic Diocese of Wilmington, being the site of Holy Cross Roman Catholic 55 Church, then proceeding in a westerly direction along said property line to the easterly right-of-way 56 line of South State Street (U.S. Route 13-A), then crossing the right-of-way line of South State Street 57 in a westerly direction and joining the centerline of Hope Street and proceeding in a westerly 58 direction to the centerlines of Hope Street and South Governors Avenue, then proceeding in a 59 southerly direction along the centerline of South Governors Avenue to the point of intersection of 60 the centerlines of South Governors Avenue and Dover Street, then proceeding in a westerly direction 61 along the centerline of Dover Street to the point of intersection of the centerlines of Dover Street and 62 Westview Terrace, then continuing in a northerly direction on the centerline of Westview Terrace 63 to the point of intersection of the centerline of Westview Terrace and New Burton Road, then 64 proceeding in a northeasterly direction on the centerline of New Burton Road to the point of 65 intersection of New Burton Road and West Street, then continuing in a northerly direction along the 66 westerly right-of-way line of West Street to the point of intersection of the westerly side of the 67 right-of-way of West Street and the northerly property line of lands now or formerly of Dover 68 Rent-All, Inc., then continuing in a westerly direction along said property line to the point of 69 intersection of said property line and the lands of Conrail Railroad, then proceeding in a northerly 70 direction along the easterly right-of-way line of Conrail Railroad in a northerly direction to the point 71 of intersection of the centerline of West North Street and then westerly along the centerline of West 72 North Street to a point of intersection with an extension of the westerly property line of lands now

Proposed Ordinance #2014-01 - Appendices C and E - Development/Redevelopment Incentives Page 3 73 or of late of Michael Nash, being the site of the former Diamond Ice Company, then proceeding in 74 a northerly direction along the westerly property line of the Nash property and in a line extending 75 to the intersection of the southerly property line of lands now or of late Paul T. and Aiko Moore, and 76 then northwesterly and then northerly along the southern and western property line of the Moore 77 property and extending north to an intersection with the centerline of Lincoln Street, and then 78 easterly along the centerline of Lincoln Street to a point of intersection of an extension of the 79 westerly property line of lands now or formerly of Frank Moore et al., and then northerly along the 80 western property of Frank Moore et al. and extending to a point of intersection with the centerline 81 of Forest Street, then easterly along the centerline of Forest Street to a point of intersection with an 82 extension of the westerly property of the lands now or formerly of the Salvation Army, and then 83 northerly and easterly along the western and north property line of the Salvation Army property to 84 the point of intersection with lands now or of late Conrail Railroad, then northerly along the westerly 85 property line of Conrail Railroad and extending to a point of intersection with the centerline of West 86 Division Street, and then easterly along the centerline of East Division Street to the intersection of 87 the easterly right-of-way line of Conrail Railroad, and then northerly along the easterly right-of-way 88 line of Conrail Railroad to the intersection of the right-of-way of Conrail Railroad and the northerly 89 property line of lands now or of late of Southern States Cooperative, Inc., then proceeding in an 90 easterly direction a distance of 52.76 feet to the northeasterly corner of the lands now or of late of 91 Southern States Cooperative, Inc., then proceeding in a southerly direction along the easterly 92 property line of lands now or of late of Southern States Cooperative, Inc., to the point of intersection 93 of said property and the centerline of Cecil Street, then proceeding in an easterly direction along the 94 centerline of Cecil Street to the point of beginning, being the point of intersection of the centerline 95 of Cecil and North State Streets. 96 NOTE: This amendment deletes Section 2, Reserved, (which read: Section 2. Reserved. Editor's note - An 97 ordinance adopted Jan. 10, 2000, repealed section 2 which pertained to the eligibility period and derived 98 from an ordinance adopted March 13, 1995, and an ordinance adopted Jan. 11, 1999.) and re-orders the 99 definitions alphabetically. 100 BE IT FURTHER ORDAINED: 101 That Appendix C - Downtown Redevelopment, Article III - Eligibility, be amended by inserting the bold, 102 blue text and deleting the text indicated in bold, red, strikeout, as follows: 103 Section 1. Issuance of building permit. 104 Issuance of a city building permit for an eligible project must be obtained during the eligibility 105 period. 106 NOTE: The eligibility period expired on December 31, 1999 and was repealed by an ordinance adopted 107 January 10, 2000. 108 Section 2 1. [Development incentive eligibility.] 109 In order to be eligible for development incentives, the owner of an eligible project must agree to 110 contribute ten percent of the total value of the incentives received to the Downtown Dover Partnership for 111 reinvestment in downtown Dover.

Proposed Ordinance #2014-01 - Appendices C and E - Development/Redevelopment Incentives Page 4 112 Section 3 2. [Development incentive ineligibility.] 113 An otherwise eligible project shall be ineligible for development incentives if: 114 (a) An application for [a] building permit for the project [was] filed prior to the effective date of this 115 ordinance; or 116 (b) Construction or renovation commenced prior to the effective date of this ordinance; or 117 (c) Issuance of the certificate of occupancy and/or the completion and finalization of the building 118 permit occurs before the application for development incentives is received.; or 119 (d) The subject property is exempt from City of Dover real estate taxes; or 120 (e) The beneficiary of the incentives is delinquent on any of the obligations listed in Section 121 1-13(b). 122 Section 3. Revocation of Eligibility 123 The beneficiary of the incentives provided by this Appendix must remain current on all 124 obligations due the City. If, at any time after the incentives have been granted, the beneficiary of the 125 incentives becomes delinquent on any of the obligations listed in Section 1-13(b), the city manager 126 shall revoke the eligibility for any portion of the incentives not yet received by the beneficiary. Notice 127 shall be given to such beneficiary in writing. 128 BE IT FURTHER ORDAINED: 129 That Appendix E - Commercial and Industrial Building Redevelopment, Article II - Eligibility, be amended 130 by inserting the bold, blue text and deleting the text indicated in bold, red, strikeout, as follows: 131 Section 1. Eligible project. 132 Eligible project shall mean the renovation and establishment of a business in an existing commercial 133 or industrial building or tenant space which: 134 (a) Is a minimum of 5,000 square feet of floor area; and 135 (b) The fair market value of the materials to be used in and the labor to be performed on the project 136 exceeds the sum of $15,000.00; and 137 (c) Is for commercial, industrial, or office use; and 138 (d) The establishment of a new business is proposed; and 139 (e) Conforms to the intent of this ordinance. 140 Construction or renovation of accessory buildings as defined in Appendix B - Zoning, Article 12 - 141 Definitions, of the Dover Code of Ordinances shall not be eligible for redevelopment incentives.

Proposed Ordinance #2014-01 - Appendices C and E - Development/Redevelopment Incentives Page 5 142 Construction or renovation which constitutes ordinary replacement or routine maintenance shall not qualify 143 as an eligible project. Construction of new buildings shall not qualify as an eligible project. 144 Section 2. Redevelopment incentive ineligibility. 145 An otherwise eligible project shall be ineligible for redevelopment incentives if: 146 (a) An application for a building permit for the project was filed prior to the effective date of this 147 ordinance; or 148 (b) Construction or renovation commenced prior to the effective date of this ordinance; or 149 (c) Issuance of the certificate of occupancy and/or the completion and finalization of the building 150 permit occurs before the application for redevelopment incentives is received; or 151 (d) Construction or renovation commenced prior to the issuance of a building permit by the city of 152 Dover; or 153 (e) Applications for incentives provided in this ordinance shall be subject to the provisions of 154 Chapter 1 - General Provisions, Section 1-13 - Denial of permits or approvals for failure 155 to comply with requirements for payment, actions, or filings. 156 (e) The subject property is exempt from City of Dover real estate taxes; or 157 (f) The beneficiary of the incentives is delinquent on any of the obligations listed in 158 Section 1-13(b). 159 For the purposes of this section, the beneficiary of the incentives shall include the person or 160 artificial entity that receives the incentive and the owner of one-half or greater interest in an artificial 161 entity that receives the incentive. 162 Section 3. Revocation of eligibility. 163 The beneficiary of the incentives provided by this Appendix must remain current on all 164 obligations due the City. If, at any time after the incentives have been granted, the beneficiary of the 165 incentives becomes delinquent on any of the obligations listed in Section 1-13(b), the city manager 166 shall revoke the eligibility for any portion of the incentives not yet received by the beneficiary. Notice 167 shall be given to such beneficiary in writing. 168 For the purposes of this section, the beneficiary of the incentives shall include the person or 169 artificial entity that receives the incentive and the owner of one-half or greater interest in an artificial 170 entity that receives the incentive. 171 ADOPTED: * 172 S:\ORDINANCES\2014\DRAFT\Ordinance #2014-01 - Amending Chpt 102, Appendix C, and Appendix E - Eligibility for Incentives.wpd

Proposed Ordinance #2014-01 - Appendices C and E - Development/Redevelopment Incentives Page 6 173 SYNOPSIS 174 The proposed ordinance would amend the Downtown Redevelopment incentives, the 175 Commercial and Industrial Building Redevelopment incentives, and the Tax 176 Abatement incentives to require compliance with Section 1-13 - Clean Hands, and 177 provide for revocation of the incentives for beneficiaries who are delinquent on 178 obligations to the City. It would also make tax exempt properties ineligible for the 179 incentives. 180 (SPONSORS: Hutchison and Koenig) 181 Actions History 182 01/13/2014 - Introduced at Legislative, Finance, and Administration Committee

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 01/03/2014 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Request for Infrastructure Reimbursement – Wesley College REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager and Controller EXHIBITS: Exhibit A – Letter from Dr. William Johnston, President of Wesley College & Support Documents, Exhibit B – Action Form from 09/13/2013. EXPENDITURE REQUIRED: $24,500 AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Street/Sidewalk Program - $24,500 to be replaced by a Community Transportation Fund Agreement in an amount equal to or greater than $24,500. TIME T TIMETABLE: Reimbursement to Wesley College to be made upon Council Approval. RECOMMENDED ACTION: Authorize the City Manager to reimburse Wesley College for the expenses incurred in the City’s right-of-way ($24,500 per letter dated December 20, 2013) provided Community Transportation Funds in an amount equal to or greater than $24,500 can be secured from area legislators to replace the funding associated with the reimbursement. The reimbursement will be issued using General Fund dollars associated with the City’s Concrete Construction and Replacement Program (Project # ST1402). BACKGROUND AND ANALYSIS In December of 2012, the Dover City Council approved a construction contract in the amount of $96,411.75 with Corrado Construction, Co., to construct the Wesley College Streetscape Enhancement – Phase I. The project was funded by a Community Transportation Funds agreement in the amount of $148,604. In September 2013, City Council approved a final change order on the project which increased the total project cost to $125,574.34. In December of 2013, the City Manager received a request from Wesley College to be reimbursed for work that was completed within the City’s North State Street Alley West right-of-way. This work was originally planned to be included in Phase I of the Streetscape Enhancement; however, scheduling conflicts between the College and the City prevented this work from being included in the scope of work for the Streetscape Enhancement – Phase I. The City Manager and officials from Wesley College have met with representatives from DelDOT to determine whether these costs could be added to the Community Transportation Fund agreement; however, the expenses occurred before the agreement was signed; therefore, these expenses cannot be added to the current agreement. Senator Bonini has indicated that he is willing to fund other public improvements within the City in an amount at least equal to the requested reimbursement; therefore, the City of Dover would not incur a net expense on the reimbursement. There are a number of sidewalk projects in the downtown area that can be funded using Community Transportation Funds. The City Manager is requesting authorization from City Council to reimburse Wesley College for the expenses incurred in the City’s right-of-way ($24,500 per letter dated December 20, 2013) provided Community Transportation Funds in an amount equal to or greater than $24,500 can be secured from area legislators to replace the funding associated with the reimbursement. The reimbursement will be issued using General Fund dollars associated with the City’s Concrete Construction and Replacement Program (Project # ST1402).

Exhibit A

Exhibit A

Exhibit A

Exhibit A

Exhibit A

Exhibit A

Exhibit B

City of Dover FY 20xx Grant In Aid Instructions Prepared by: Finance Department Donna Mitchell, Controller/Treasurer

Application • The application and instructions are available at the following website: http:// • If you need assistance downloading the application from the internet please contact the Finance Department at 302-736- 7018. 2

Grant In Aid Cover Page • Official Name of Organization • Date of Incorporation • 9 Digit Federal Employer ID Number • Contact Representative • Daytime Phone Number • E-mail address • First time applicant? • Did you receive GIA in FY14? • If yes, does this application include a request to fund a new program? • Have you received GIA from other government agencies? 3 • If yes, amount received from other agencies?

Form 1 – Management Organization • Official Name of Organization • Address (where your check will be mailed) and phone number • Physical location of service • Contact representative • Name • Address • Daytime phone number • Agency Name • Names of Officers & Board of Directors and their daytime phone number 4

Form 2 – Agency Background • Agency Mission Statement • Agency Location(s) • Locations where services are actually provided, days and hours of operation for site visits. 5

Form 3 – Revenue • Revenue sources for previous, current, and proposed year • Include revenue from: • Federal Government • State Government • City Government • Other (List sources) • Investments • Sales • Dues • Contributions or Donations • Miscellaneous 6

Form 4 – Disbursements • Expenses • Salaries, employee benefits, payroll taxes, etc. • Non-expense disbursements • This is an expense that is not considered an operational expense. • For example – A principal payment on an asset (equipment, vehicle, mortgage, etc.) 7

Form 5 – Federal & State Grants • If you have received other Federal or State Grants please fill out this page. • Include the Name of Project, Year, and Funding Amount • If you have not received these grants please go to Form 6. 8

Form 6 – Summary • Summary information for previous, current, and proposed years: • Total Revenue (Form 3) • Total Disbursements (Form 4) • Operating Surplus/Deficit (calculated) • Carryover (balance from prior year) • Net Surplus/Deficit (calculated) • Grant In Aid Request • At the bottom of the form name each program within your agency that will receive Grant In Aid Funds and the amount of your request that will go to each program. • Note: Line 6 of the proposed year and Line 7 should be equal. 9

Form 7 – Program Information • Program name and target population • Program description • Similar services provided by other agencies • Describe program objectives and how outcomes are measured • Describe the progress that has been made in the last year to achieve the program’s objectives • Lines 6 – 12 show the number of people served, service measures, amount of service, program revenue, program disbursements, surplus or deficits for the previous, current, and proposed years. • Line 12 is the amount of funding requested for that specific program for FY2015. 10

Form 7 – Program Information (continued) • Important Notes: • Line 12 should equal Lines 6 and 7 on Form 6 • Use a new “Form 7” for each program • If more than one program is being funded through Grant In Aid the total of all Form 7’s should equal Line 6 and 7 on Form 6 11

Form 8 – Positions and Salaries • Positions and Salary information for the prior, current, and proposed year: • Position Title • Number of positions • Salary ranges 12

Form 9 – Signature Page • This form must be signed by the President or Chairman of the Board of Directors and the Executive Director 13

Form 10 – Audit Information • A copy of our most recent audit prepared by an independent certified public accountant or public accountant must accompany your application. • You may use sample forms A, B, or C if an audit is not available. 14

• Applications are due by _____________________ • THERE WILL BE NO EXTENSIONS! • If you have questions contact • Donna Mitchell, Controller/Treasurer • Finance Department • 302-736-7018 or email dmitchell@dover.de.us 15