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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 23, 2010 at 7:30 p.m. with Council President
Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Mr. McGlumphy,
Mr. Leary, Mr. McGiffin, Mrs. Williams, and Mr. Salters. Mr. Ruane was absent.
Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell,
Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and
Mrs. Clendaniel. Mayor Carey was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Hogan declared the Open Forum in session and reminded those present that
Council is not in official session and cannot take formal action.
Ms. Donyale London, 397 Post Boulevard, advised members that, in the Spring of 2007, she
participated in a City of Dover grant program to rehabilitate her residence to address code
violations. She stated that her lateral sewer line was replaced from the house to the main line
and two (2) clean-
outs were installed. These installations were done improperly and, subsequently, caused three
(3) major sewer backups into her home within a few weeks of installation. At that time, Ms.
London requested Council=s assistance in the matter. It was noted that the contractor, Alpine
Contractors, was hired by the City. However, after an extended investigatory period, it was
determined that the liability for any sustainable damages would have to be addressed by Alpine
Contractors.
Due to the lengthy claim process, Ms. London explained that the necessary steps to preclude the
bacterial growth process that raw sewage presents were not performed, which subsequently
caused a mold, mildew, and bacteria problem in her home. She advised members that, during the
claims process, it was discovered that Alpine Contractors was inadequately insured for the
catastrophic damages to her residence and personal property, as well as the personal injuries to
her family members as a direct result of prolonged exposure to the mold, mildew, and bacteria.
Ms. London indicated that she has exhausted all legal recourse in this matter since Alpine
Contractors has sold its liquid assets. She stated that on Friday, August 20, 2010, her attorney
withdrew as her counsel due to the apparent insolvency of Alpine Contractors, Inc.; therefore,
she is now without legal counsel and unable to pursue judgment against the contractors and/or
recoup any damages. She advised members that she and her children are allergy sensitive to the
elements now present in the home and these living conditions present a possible risk of fatality.
It was Ms. London=s feeling that the City of Dover should assist her with this matter since it was
the City=s responsibility to secure a contractor with proper and adequate insurance; therefore, she
requested the City=s assistance in rectifying the damages that her family sustained due to a
well-intentioned City program.
Ms. Andrea Pierce, 39 Par Haven Drive, requested that City Council further investigate the
City=s reassessment and the reassessment process. She stated that she lives in a condominium
complex that has three (3) basic floor plans. Ms. Pierce was advised by Tyler Technologies that
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 2
identical floor plans should have been assessed at the same value; however, this was not the case.
She explained that there did not appear to be any reason for the different assessed values (floor
level, renovations, etc.). She relayed concern that this type of discrepancy occurred in a complex
with identical floor plans and questioned the accuracy of assessed values in other neighborhoods
without such similarities. In addition, Ms. Pierce questioned the difference in assessed values for
the complex in which she resides and the adjacent complex, explaining that both complexes are
identical, including the floor plans. She advised members that the unit with the higher assessed
value was not the best unit in the complex and urged members to look into how these
assessments were determined.
Mr. Kenneth Dryden, 20 Moonlight Court in Newark, read a letter dated August 23, 2010 into
the record in regards to the Dover Human Relations Commission (Exhibit #1).
Ms. Winifred Walton, 238 Green Blade Drive, stated that she received her tax assessment letter
early in the spring and did not feel that the assessment would affect her tax bill. She indicated
that when she received her tax bill, she realized that the assessment resulted in a large increase,
and questioned why residents were not able to appeal the tax increase. Ms. Walton stated that
her taxes were $340 last year and that they increased by $130. She is in the process of putting
her home on the market and she stated that she would not be able to sell the property for an
amount close to the City=s assessed value.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda as presented, seconded by Mr. Bonar and
unanimously carried.
Council President Hogan advised members that staff requested that Item #6 - Monthly Budget
Report for June 2010, be removed from the consent agenda.
Mr. Leary moved for approval of the consent agenda, as amended, seconded by Mrs.
Williams and carried by a unanimous roll call vote (Mr. Ruane absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 9, 2010
The Minutes of the Regular Council Meeting of August 9, 2010 were unanimously
approved by motion of Mr. Leary, seconded by Mrs. Williams and bore the written
approval of Mayor Carey.
PRESENTATION - LUTHER TOWERS PAYMENT IN LIEU OF TAXES (PILOT)
Mayor Carey announced the receipt of a contribution in the amount of $27,225 for payment in
lieu of taxes (PILOT) from Luther Towers, noting that a contribution has been provided to the
City by Luther Towers each year.
On behalf of the Board of Directors for Luther Towers, Mr. Gary Coy relayed appreciation to the
City for the services provided to Luther Towers and Luther Village throughout the year.
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 4
PRESENTATION - BRETT AND GWENDOLYN ELLIOTT - DOVER ANCHOR
LIBRARY
Ms. Marjorie Cyr, Library Director, introduced Dr. Brett Elliott and his wife,
Mrs. Gwendolyn Elliott. She noted that Mrs. Elliott has been a member of library committees
since the library project began in 2005 and that both she and Dr. Elliott have been wonderful
supporters of both the current and new libraries.
Mrs. Elliott indicated their excitement about the new library. Ms. Cyr announced that Dr. and
Mrs. Elliott have provided the City with a donation in the amount of $50,000 for the new library.
On behalf of the City, Mayor Carey relayed appreciation for the donation.
BOARD OF ASSESSMENT APPEALS EXEMPTION - FIRST PILGRIM BAPTIST
CHURCH - 350 FREAR DRIVE
During their Regular Meeting of June 28, 2010, members of City Council postponed action on
the exemption request of First Pilgrim Baptist Church, located at 350 Frear Drive
(ED05-068.14-01-
14.00), to allow the City Assessor to evaluate actual facts for presentation to Council within 45
days.
City Clerk=s Office Note: The reason for the exemption request was that the parcel falls under
State Statute 9 Del. C.§8105 - Property owned by governmental, religious, educational of
charitable agency. During their meeting of May 26, 2010, members tabled the exemption
request in order for a legal opinion to be obtained regarding the information that the County
used to exempt this property. This request for exemption was brought back to the Board of
Assessment Appeals on June 9, 2010 after the requested legal opinion had been obtained.
Original Assessed Value: $142,100. The City Assessor recommended approval of the request for
exemption and the Board of Assessment Appeals recommended denial of the request for
exemption.
Ms. Cheryl Russell, City Assessor, advised members that the City sent a letter to the First
Pilgrim Baptist Church requesting audited financial statements for the daycare and a response to
Council=s question as to whether only those children of parents who attend the First Pilgrim
Baptist Church are permitted at the daycare. She noted that the response received indicated that
there was not enough time provided for the First Pilgrim Baptist Church to supply the financial
statements requested and that there was one (1) child enrolled in the daycare whose parents
attend the Church.
Bishop Doreina C. Miles, 517 Watson Drive, stated that she serves as Senior Pastor at First
Pilgrim Baptist Church in Camden and has done so for the past 22 years. She requested
Council=s support in granting tax exemption for the family daycare facility located at 350 Frear
Drive. The property is owned by the Church, has 501(c)(3) status, and has been granted
tax-exempt status by Kent County. She explained that the facility is a not-for-profit outreach
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 5
ministry and currently provides 13-15 families with quality daycare services. Bishop Miles
noted that all of the families, with the exception of one (1), who is a member of the First Pilgrim
Baptist Church, are receiving "purchase of care." She indicated that the purchase of care
children are sent to their facility through the Delaware Division of Social Services and payment
for daycare services is subsidized by the State of Delaware. Bishop Miles indicated that there
are no "private" paying children who attend the center.
Bishop Miles advised members that, although the facility is not-for-profit, there is a need to
"break even" in order to continue to provide the family daycare. She requested that Council
consider granting a temporary tax exemption for a few years in order to allow the organization to
"shift gears" and look for a different way to deliver services that would be helpful to the
community at large.
Responding to Council President Hogan, Ms. Russell stated that the reason that the Board of
Assessment Appeals recommended denial was due to the fact that the daycare is located in a
residential home in a residential neighborhood, and the church is located in Camden.
In response to Mr. Bonar, Bishop Miles indicated that no one resides at the facility, explaining
that there are very strict guidelines for daycare facilities and, to date, no one has been qualified
to live in the facility. She noted that the church initially requested to provide full daycare,
including day and evening services; however, due to the strict regulations for both the church
and State of Delaware, it was necessary to provide qualified individuals.
Mrs. Russell moved to grant the exemption for First Pilgrim Baptist Church at
350 Frear Drive. The motion was seconded by Mrs. Williams and carried by a unanimous
roll call vote (Mr. Ruane absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE
(POOL) - 628 N. WEST STREET - OWNED BY CHARLES VALENTINE
A public hearing was duly advertised for this time and place to consider a violation of the
Dangerous Building Ordinance at 628 N. West Street (swimming pool), owned by Charles
Valentine.
Mr. Scott Koenig, Public Services Manager/Director of Public Works, explained that there is a
pool located at 628 N. West Street that has been in a serious state of disrepair, with numerous
code violations, dating back to 2007. He noted that the file indicates that the pool water is not
sanitary and is not being treated, and neither the pump nor accessories are in good repair.
Currently the water level in the pool is very low. In addition, parts of the rear fence are no
longer in place, which allows unhindered access to the pool, representing a danger to the
residents of the surrounding area. There are portions of the fence surrounding the pool that do
not meet current height requirements. After reviewing the file, Mr. Koenig stated that it appears
that several of the mailed notices have been returned to the City as unclaimed mail. He advised
members that the City has received numerous complaints from neighbors regarding the
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 6
overgrowth and condition of the pool. He reviewed a presentation depicting the condition of the
property (Exhibit #2).
Staff recommended that City Council: 1) declare the pool structure dangerous; 2) order the
property repaired or demolished by September 23, 2010 by the owner or equitable owner at their
own risk; 3) order the Building Inspector to cause the repair or demolition of the pool if not
completed by the owner or equity owner within the ten (10) days of the date set by Council; and
4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or
demolition to be charged against the land on which the pool exists as a municipal lien or cause
such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to
be recovered in a suit at law against the owner. It was noted that staff provided an estimated
repair cost of $8,000 to $10,000.
Mr. Koenig advised members that he spoke with Mr. Valentine earlier on August 23, 2010, and
Mr. Valentine indicated he was not feeling well and had a heart condition that would prevent
him from attending this evening=s meeting. Mr. Valentine requested that the City postpone the
matter based on this information. Mr. Koenig noted that there was no contact attempted by Mr.
Valentine prior to this. Based on his discussion with Mr. Valentine, Mr. Koenig visited the site
and found that the statements made regarding there being a cover on the property (pool) and the
fence being secure in the rear were marginally correct. He explained that a tarp was put over the
pool; however, it was pulled down due to the weight of the rain during the past few days and was
not considered to be in a secure condition. Although the fencing in the rear had been improved,
due to the height, it was not within the code requirements for a pool.
Mr. Koenig indicated that major repairs would be necessary to maintain the pool. Mr. Valentine
indicated that he had grown children, leading Mr. Koenig to believe that the homeowner resides
by himself and the potential use of the pool seems relatively small. Therefore, after the
discussion with Mr. Valentine and the site visit, Mr. Koenig requested approval of staff=s
recommendation.
Responding to Mrs. Williams, Mr. Koenig felt that a child under the age of 12 could access the
pool. He explained that there is a risk of a child falling eight (8) feet to the concrete bottom and,
at that point, there would be a possibility of drowning.
Council President Hogan declared the public hearing open. There being no one present wishing
to speak, Council President Hogan declared the public hearing closed.
Mr. Bonar moved to approve staff=s recommendation and declare the pool structure at
628 N. West Street dangerous, seconded by Mr. McGiffin.
Mr. Salters suggested that Council provide additional time for the repairs or demolition, noting
that one (1) month may not provide enough time, particularly due to Mr. Valentine=s current
health situation.
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 7
At the request of Council President Hogan, Mr. Koenig explained that there have been similar
situations when homeowners have been granted extensions. He noted that in these cases, staff
has deemed it more appropriate to allow the property owner to use private funds to rectify the
problem than to expend public funds and institute a lien against the property. Mr. Koenig noted
that, once a time frame has been identified, as long as staff has a reasonable feeling of security
that the property owner is working to the best of their ability, the designated time frame has
occasionally been extended administratively. Mr. Koenig relayed no objections to extending the
date for repairs or demolition, noting that it would be difficult for staff to meet this time frame.
In response to Mrs. Russell, Mr. Koenig stated that he was under the impression that Mr.
Valentine would like to bring the pool structure off the dangerous building list and make the
necessary repairs.
Mr. Bonar noted that there have been concerns regarding the property since 2002. He
questioned whether staff would be permitted to extend the date provided by Council motion if it
is determined that progress is being made. Responding, City Solicitor Rodriguez confirmed that
staff would be permitted to extend the date administratively without submitting a request to
Council.
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 8
On a call for the question by Mr. Bonar, the motion to: 1) declare the pool structure
dangerous; 2) order the property repaired or demolished by September 23, 2010 by the
owner or equitable owner at their own risk; 3) order the Building Inspector to cause the
repair or demolition of the pool if not completed by the owner or equity owner within ten
(10) days of the date set by Council; and 4) order the City Manager, with the assistance of
the City Solicitor, to cause the cost of repairs or demolition to be charged against the land
on which the pool exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at
law against the owner, as recommended by staff, was carried by a roll call vote of seven (7)
yes, one (1) no (Mrs. Russell), and one (1) absent (Mr. Ruane).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
AUGUST 9, 2010
The Legislative, Finance, and Administration Committee met on August 9, 2010 with Chairman
Leary presiding.
Review and Recommendation - Filling of Critical Positions
During their meeting of February 23, 2009, members recommended approval of the Hiring
Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review
and approval of the Legislative, Finance, and Administration Committee and City Council. It
was suggested that there be a "standing" agenda item to consider the filling of critical positions
and, if there are no positions to consider, the item could be removed.
Mr. Leary noted that there were no critical positions to be considered; therefore, no further
action was required.
Title V Grant Application - Growing Up and Meeting Each Success (GAMES) Partnership
with Aid in Dover
During their meeting of July 26, 2010, members were provided a Title V Grant Application for
Growing Up and Meeting Each Success (GAMES) Partnership with Aid in Dover. After much
discussion, members recommended deferring action regarding the request until it was properly
prepared and the Committee=s concerns were resolved.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded
members that Aid in Dover had submitted a concept paper for a three (3) year grant through the
Criminal Justice Council for delinquency prevention. She stated that Aid in Dover was selected
to submit a formal application in conjunction with the City of Dover for funding. The proposal
is for an after school program called GAMES that would help participants aged 10-18 years
develop soft skills for life=s challenges. The program would meet twice weekly and instruction
would include anti-bullying, common courtesy and etiquette, conflict resolution, time
management, self-image repair, and community service.
Members were provided the grant application and the Department Grant Application Analysis
Form that reflected changes that staff (Mr. Anthony DePrima, City Manager; Mrs. Donna
Mitchell, Controller/Treasurer; and Mr. Zachery Carter, Director of Parks and Recreation)
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 9
collectively identified for the Committee. Mrs. Townshend noted that the grant award is
$31,812, with a proposed $22,732 match through in-kind services. After speaking with
Ms. Valerie Smythe, Juvenile Justice Specialist from the Criminal Justice Council, and having
been provided with the Request for Proposals associated with the grant, she advised members
that Federal stipulations require that the grant have oversight from a Prevention Policy Board.
Mrs. Townshend stated that it was Ms. Smythe=s belief that the Criminal Justice Council would
allow the grant to proceed without meeting the oversight requirement, with a strict requirement
that no funds would be disbursed until the required Prevention Policy Board is created and has
reviewed the grant. She also advised members that there will not be enough youth on the City=s
Youth Advisory Committee until late fall to consider this issue; therefore, using this Committee
to oversee the grant is not an option. Mrs. Townshend indicated that, after discussing this matter
with Councilwoman Williams, Executive Director of Aid in Dover, the application was modified
to indicate that Aid in Dover will form its own youth advisory group to oversee the grant.
Mrs. Townshend also advised members that, after discussion with Mr. DePrima and Mr. Carter,
staff proposed that the grant be administered by the Parks and Recreation Department, with
Mrs. Sherwanda Rachal-Speaks as the primary point of contact, if the City moves forward with
the grant.
Staff recommended acceptance of the grant, with the City of Dover being the municipal sponsor
in partnership with Aid in Dover.
Referring to the in-kind services requirement, Mr. Salters relayed concern with the City possibly
setting a precedent by expending resources to subsidize a non-profit organization. Responding,
Mrs. Williams noted that the City previously agreed to serve as a "passthrough" for a similar
grant through the Criminal Justice Council for an Aid in Dover Girls Circle Grant (City Council
minutes of October 13, 2008). In addition, she explained that the current grant was made
available only to municipalities; therefore, non-profit groups are unable to apply on an individual
basis. She further explained that grant monies would be provided to the City, the City would
then provide payment to the contractor, and all accounting for the grant would be accomplished
by the contractor.
Also in response to Mr. Salters, Mrs. Williams stated that she would receive no salary from the
grant and that $13,000 of her salary would be included as a portion of the City=s matching funds.
Mrs. Williams advised members of her desire for the City=s Youth Advisory Committee to
oversee the grant if this matter could be worked out with the Criminal Justice Council, as it was
her hope that the Youth Advisory Committee could then receive resources from the grant.
Responding, Mrs. Townshend reiterated that there is no local Policy Prevention Board in place
and that the Criminal Justice Council would work with the City under a very strict agreement
that no funds would be disbursed until this occurs. It was stressed that the Board must be
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 10
accountable on
some level to the City since the City is the recipient of and is responsible for the grant.
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In reviewing the criteria for a Prevention Policy Board, Mr. DePrima, City Manager, felt that the
City=s Youth Advisory Committee would not qualify, noting that the Board requires "balanced
representation of public agencies." He suggested that the establishment of the Board receive
City Council approval.
Mr. Leary suggested that the Prevention Policy Board should report to the Parks, Recreation, and
Community Enhancement Committee.
Noting that this matter involves federal money flowing through the City, Mr. McGiffin stressed
the importance of maintaining accountability. He suggested that an individual be assigned to
ensure good communication of information between City Council and the Policy Prevention
Board.
The Committee recommended approval of the grant request, with the stipulation that all
requirements for assurances are met.
Mr. Leary moved for approval of the Committee=s recommendation for approval of the
Title V Grant Application for Growing Up and Meeting Each Success (GAMES)
Partnership with Aid in Dover, with the City of Dover being the municipal sponsor in
partnership with Aid in Dover, and with the stipulation that all requirements for
assurances are met. The motion was seconded by Mr. Salters and carried by a roll call vote
of seven (7) yes, one (1) abstention (Mrs. Williams), and one (1) absent (Mr. Ruane).
Briefing on Business Licenses
Mr. Leary reminded members that, during the recent budget discussions, there was much debate
regarding business license fees and layers of licenses. As a result, he felt that it would be
beneficial to be provided a history of the City=s business licenses.
Mr. Anthony DePrima, City Manager, provided members with a memo detailing the history and
purpose of business licenses in the City of Dover. In reviewing City Council minutes, he stated
that in 1954 there was a Business License Committee of City Council whose purpose was to
study business licenses. On February 15, 1954, the Committee recommended to City Council
that there be a flat business license fee of $4.00 for "residents" and $6.00 for "non-residents." He
noted that there was a "problem" at that time with transient businesses (peddlers) which was
referred to City Council, and Council requested the City Manager to obtain a business license
ordinance from a City similar in size to Dover.
Mr. DePrima advised members that on June 14, 1954, City Council passed a Business License
Ordinance which is still at the core of today=s business license code. He noted that it appeared
Council did not accept the flat fee recommended by the Committee, as fees for specific
businesses ranged from $3.00 to $10.00 for a list of 56 specific businesses. Manufacturer and
contractor fees were set at .01% of gross receipts, and merchant and bottler fees were set at .01%
of gross purchases. Mr. DePrima explained that, over time, business types have changed, noting
that the City no longer has a license category for "Public Bath Keeper" but does have one for
"Computer Related Services;" however, the same basic structure remains today. He stated that
the Committee=s recommendation to have "resident" and "non-resident" rates was not adopted;
however, out-of-state peddlers were given the highest fee of $25.00.
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 12
Mr. DePrima indicated that the ordinance has been amended over the years to increase fees,
update license categories, and strengthen enforcement. He noted that additions to the ordinance
included the creation of definitions, establishment of the position and duties of licensing officer,
allowance for exemptions and refunds, provision of guidelines for denying a license, and
establishment of an appeal process for denying or rescinding a license. Mr. DePrima explained
that in 1968, fees increased to a range of $3.00 to $40.00, the out-of-state peddler fees were
$100.00, and the gross receipts and purchase percent doubled to .02%. Council also established
a late fee penalty of 1%. Mr. DePrima stated that significant fee increases were instituted in
1982.
Mr. DePrima reviewed the purpose of the ordinance, noting that its primary function is to
regulate businesses to ensure they are operating safely and within the laws of the City. The
original ordinance required that license holders have their businesses open for inspection by the
Fire Marshal and Executive Director of the Board of Health; therefore, he noted that it was clear
that there were concerns about health and safety. In the original ordinance, the application
required the licensee to sign a statement indicating that the business was being operated in
accordance with all City ordinances. Both the Fire Marshal and the Executive Director of the
Board of Health had the right to deny or rescind a license if violations were found. Mr. DePrima
stated that today, business licenses continue to be an important way of ensuring that businesses
comply with City codes.
Mr. DePrima advised members that the member of Council who chaired the Business Licensing
Committee went on record indicating that the institution of business licenses was an effort to
prevent undesirable businesses from locating in Dover. Mr. DePrima stated that it was not clear
to what degree the decision to establish a business license was based on the intention to provide
a new source of revenue. To date, staff has not been able to locate financial information from
the 1950s that would show how much revenue the program initially produced relative to the
budget. Over time, it is clear that Council increased the license fees substantially, particularly in
1982. As an example, Mr. DePrima stated that in 1954, the cost of a license for an architect was
$5.00 and today it is $242.00. In general, he noted that this increase has outpaced annual
inflation rates over the years. He stated that current business license income is approximately
4.5% of the General Fund budget.
Mr. DePrima provided members with information regarding business license revenue increase
comparisons with other Delaware communities and the fees as a percent of General Fund
revenue, along with a cover memo, dated April 25, 2003 (attachment to Committee minutes). He
stated that there did not seem to be a particular pattern for the fees. It was his opinion that
municipalities simply base fees on the types of businesses they attract, noting that banks are
substantial in Wilmington and eating establishments in Rehoboth, and that fees for these
particular types of businesses in those municipalities are higher. He advised members that he
reviewed a newspaper article indicating that Council referenced a 1931 State law that enabled
municipalities to have business licenses, although there was no apparent need to enact a City
ordinance until 1954.
Responding to Mr. Leary, Mr. DePrima stated that the original purpose of the business license
ordinance was to prevent undesirable businesses. He advised members that there have been
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 13
instances when a business license was revoked and cases when revocation has been used as a
threat by staff to urge businesses to comply with City codes. Mr. DePrima also noted that
monitoring business licenses has been the primary way of ensuring that business locations are in
compliance with the Zoning Code and that registration information is a source of important
information for both the Fire Department and Police Department.
Also in response to Mr. Leary, Mr. DePrima felt that the amount of time put into the
administration of this program is small, relative to the amount of money collected. He reminded
members that business licenses are issued once each year.
Referring to business license fees as a percent of General Fund revenue (last page of
Attachment #1 to Committee minutes), Mr. DePrima stated that it has been staff=s intent to keep
this revenue at approximately 5% and he noted that current fees are approximately 4.5%.
The Committee recommended acceptance of the report as presented by staff.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Ruane absent).
Mr. Leary moved for acceptance of the Legislative, Finance, and Administration
Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY BUDGET REPORT - JUNE 2010
Mrs. Donna Mitchell, Controller/Treasurer, noted that a "Schedule of Budget Variances
(Preliminary)" for each of the three (3) major operating funds for Fiscal Year Ended June 30,
2010 has been provided to members along with the Monthly Budget Report. These schedules
highlight the revenue and expense variances by major classification as compared to the latest
estimate that was presented to City Council in the last quarter of Fiscal Year 2010. She
reiterated that the numbers are preliminary and that the final (audited) results should be
completed by November 30, 2010. Mrs. Mitchell reviewed the executive summary of these
schedules.
Mr. Leary moved for acceptance of the Monthly Budget Report for June 2010, seconded by
Mr. Salters and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following Proposed Ordinance was accomplished during the Council
Meeting of August 9, 2010.
Proposed Ordinance #2010-23 Related to Requirement to Step Down When Running for Other
Office
Mr. Bonar moved that the Final Reading of the Proposed Ordinance be acknowledged by
title only, seconded by Mrs. Russell and unanimously carried (Mr. Ruane absent).
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 14
Mr. Leary moved for adoption of the Proposed Ordinance, seconded by Mr. Salters, and
by a roll call vote of seven (7) yes, one (1) no (Council President Hogan), and one (1) absent
(Mr. Ruane), Council adopted Ordinance #2010-23, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Article II - Mayor and Council, Section 5 - Council to be legislative body; size; districts;
terms of mayor and councilmen; qualifications, of the Charter of the City of Dover shall be
amended to read as follows:
Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen;
qualifications.
The council shall be the legislative body of the city and composed of nine members
nominated and elected as herein provided.
In order that the members of council shall be distributed over the city, the city shall be
divided into four election districts, the district boundaries of which shall be established by
council so that the districts are nearly equal in population as shown by the most recent federal
decennial census. The district boundaries established for municipal elections shall continue in
effect until the next succeeding federal decennial census is made available for use by
municipalities in the State of Delaware, at which time council shall redistrict the city so that the
districts shall be nearly equal in population in accordance with said census, which redistricting
shall be used for the next regular municipal election, which procedure shall be followed by
council after each succeeding federal decennial census in this manner so that the districts shall be
maintained as nearly equal in population as possible at all times.
The term of mayor shall be for a period of two years commencing on the second Monday
in May following their election and continuing for a term of two years until the second Monday
in May or until their successor has been duly elected and qualified.
The term of the councilmen shall be for two years. In each regular municipal election
held in an odd numbered year, five councilmen shall be elected, four by district voting being
from the districts and one at-large as stated herein. In each regular municipal election held in an
even numbered year, four councilmen shall be elected by district voting from each of the districts
of the city.
In order to be eligible to be elected as mayor or as a member of council, the person must
as of the date of the election be:
(1) A citizen of the United States and of the State of Delaware;
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 15
(2) A resident of the city and having continuously resided therein or in an area
annexed to the city during the two years next preceding the day of the election;
(3) A resident of the election district from which they are seeking election, unless
they are seeking election as an at-large councilman or mayor;
(4) Eighteen years of age; and
(5) Nominated therefore, as hereinafter provided.
Holding Other Office. Except where authorized by law, no council members shall hold
any other elected public office during the term for which the member was elected to the council.
No council member shall hold any other city office or employment during the term for which the
member was elected to the council. No former council members shall hold any compensated
appointive office or employment with the city until one year after the expiration of the term for
which the member was elected to the council, unless granted a waiver by the Board of Ethics
(Ethics Commission).
NOTE: A Resolution requesting the General Assembly to amend the Charter will be presented
to City Council with the Final Reading.
BE IT FURTHER ORDAINED
That Chapter 30 - Code of Conduct and Ethics Commission, Article III - Ethics Commission,
Section 30-71 - Established; composition; removal; terms of office; vacancies; chairperson;
quorum; compensation; legal counsel, Paragraph (a) - Established; composition; removal, be
amended to read as follows:
ARTICLE III. ETHICS COMMISSION
Sec. 30-71. Established; composition; removal; terms of office; vacancies; chairperson; quorum;
compensation; legal counsel.
(a) Established; composition; removal. The city ethics commission is hereby
established to administer and implement this chapter. The ethics commission shall consist
of five members appointed by the mayor and confirmed by the city council. No member
of the commission shall hold any elected or appointed office under the government of the
United States or the state, county, or city. Members of the ethics commission may be
removed by the mayor, with the concurrence of the city council, for substantial neglect of
duty, gross misconduct in office or a violation of this chapter.
BE IT FURTHER ORDAINED
That Chapter 58 - Human Relations, Article II - Human Relations Commission, Section 58-32 -
Established; composition; appointment; representation; holding other office; removal from
office; terms of office; vacancies; reappointments, Paragraph (d) - Holding other office; removal,
be amended to read as follows:
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 16
Sec. 58-32. Established; composition; appointment; representation; holding other office;
removal from office; terms of office; vacancies; reappointments.
(d) Holding other office; removal. No member of the commission shall hold any elected
or appointed office under the government of the United States or the state, county, or
city. The mayor or the city council president may remove members of the commission,
with the concurrence of the city council, for substantial neglect of duty, or gross
misconduct in office.
ADOPTED: AUGUST 23, 2010
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 17
PROPOSED RESOLUTION NO. 2010-09 - REQUEST TO GENERAL ASSEMBLY TO
AMEND THE CITY OF DOVER CHARTER - ARTICLE II - MAYOR AND COUNCIL,
SECTION 5 - COUNCIL TO BE LEGISLATIVE BODY; SIZE; DISTRICTS; TERMS OF
MAYOR AND COUNCILMEN; QUALIFICATIONS
Members were provided proposed Resolution No. 2010-09, which requests the General
Assembly to amend Article II - Mayor and Council, Section 5 - Council to be Legislative Body;
Size; Districts; Terms of Mayor and Councilmen; Qualifications, of the City of Dover Charter.
Council President Hogan advised members that this Resolution is necessary due to the adoption
of Ordinance #2010-23 (Related to Requirement to Step Down When Running for Other Office).
Mr. Leary moved for adoption of the Proposed Resolution, seconded by Mr. Bonar, and by
a roll call vote of seven (7) yes, one (1) no (Council President Hogan), and one (1) absent
(Mr. Ruane), Council adopted Resolution No. 2010-09, as follows:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That the Mayor and Council have determined that the Charter of the City of Dover, Article II -
Mayor and Council, Section 5 - Council to be legislative body; size; districts; terms of mayor and
councilmen; qualifications, should be amended by removing the requirement for a Councilperson
to relinquish their Council seat in order to be a candidate for Mayor. Therefore, the Mayor and
Council of the City of Dover respectfully request the General Assembly of the State of Delaware
to amend its Charter, which amendment, if adopted by the General Assembly, would be as
follows:
Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen;
qualifications.
The council shall be the legislative body of the city and composed of nine members
nominated and elected as herein provided.
In order that the members of council shall be distributed over the city, the city shall be
divided into four election districts, the district boundaries of which shall be established by
council so that the districts are nearly equal in population as shown by the most recent federal
decennial census. The district boundaries established for municipal elections shall continue in
effect until the next succeeding federal decennial census is made available for use by
municipalities in the State of Delaware, at which time council shall redistrict the city so that the
districts shall be nearly equal in population in accordance with said census, which redistricting
shall be used for the next regular municipal election, which procedure shall be followed by
council after each succeeding federal decennial census in this manner so that the districts shall be
maintained as nearly equal in population as possible at all times.
The term of mayor shall be for a period of two years commencing on the second Monday
in May following their election and continuing for a term of two years until the second Monday
in May or until their successor has been duly elected and qualified.
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 18
The term of the councilmen shall be for two years. In each regular municipal election
held in an odd numbered year, five councilmen shall be elected, four by district voting being
from the districts and one at-large as stated herein. In each regular municipal election held in an
even numbered year, four councilmen shall be elected by district voting from each of the districts
of the city.
In order to be eligible to be elected as mayor or as a member of council, the person must
as of the date of the election be:
(1) A citizen of the United States and of the State of Delaware;
(2) A resident of the city and having continuously resided therein or in an area
annexed to the city during the two years next preceding the day of the election;
(3) A resident of the election district from which they are seeking election, unless
they are seeking election as an at-large councilman or mayor;
(4) Eighteen years of age; and
(5) Nominated therefore, as hereinafter provided.
Holding Other Office. Except where authorized by law, no council members shall hold
any other elected public office during the term for which the member was elected to the council.
No council member shall hold any other city office or employment during the term for which the
member was elected to the council. No former council members shall hold any compensated
appointive office or employment with the city until one year after the expiration of the term for
which the member was elected to the council, unless granted a waiver by the Board of Ethics
(Ethics Commission).
ADOPTED: AUGUST 23, 2010
PROPOSED RESOLUTION NO. 2010-10 - AUTHORIZING REFINANCING OF 2004
TAXABLE ELECTRIC REVENUE BONDS
Members were provided proposed Resolution No. 2010-10, which would authorize the
refinancing of 2004 Taxable Electric Revenue Bonds. Mrs. Donna Mitchell,
Controller/Treasurer, reminded members that several months ago, there was discussion regarding
the opportunity to refinance the City=s 2004 Electric Revenue Fund Bonds from taxable to tax
exempt. She noted that the refinance would result in a considerable amount of savings,
approximately $800,000, and that the principal balance on the bonds is $12,000,000.
Mr. Leary moved for adoption of Resolution No. 2010-10 (Exhibit #3), seconded by Mr.
Bonar, and carried by a unanimous roll call vote (Mr. Ruane absent).
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. McGiffin reminded members to mark their calendars for June 25, 2011 for the next African
American Festival.
Mr. McGiffin announced that he, Mayor Carey, and Representative Darrell Scott have
organized a public meeting to discuss issues regarding traffic calming and pedestrian crossings
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 19
for North State Street and North Governors Avenue. The meeting will be held on August 26,
2010 at 7:00 p.m. in the Police Department Conference Room.
Mr. McGiffin wished Mr. Ron Dagley (also known as PeeWee), of Comcast, a happy 63rd
birthday.
Mr. Salters relayed condolences for the recent passing of Ms. Beulah Gray, noting that she
served on the City=s Election Board for several years and gave many years of service to the
community and her church.
Mr. Leary also relayed his heartfelt sympathy for the passing of Ms. Beulah Gray, stating that he
was made aware of her passing earlier in the day. He noted that he had the pleasure of working
with Ms. Gray on the Board of Elections for many years and that she was a great resource for the
City and the entire community.
Mr. McGlumphy reminded members that children will be returning to school and asked that the
public be cautious. He wished the students and schools well in their endeavors.
Mr. Bonar moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:20 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
August 23, 2010, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits
Exhibit #1 - Letter dated August 23, 2010 from Mr. Kenneth Dryden - Dover Human Relations Commission
(Attached to Original Minutes and File Copy)
Exhibit #2 - Presentation - Violation of Dangerous Building (Pool) - 628 N. West Street (Attached to Original
Minutes and File Copy)
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CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 20
Exhibit #3 - Resolution No. 2010-10 - Authorizing Refinancing of 2004 Taxable Electric Revenue Bonds
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EXHIBIT #1
Regular Council Meeting of 08/23/2010
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EXHIBIT #2
Regular Council Meeting of 08/23/2010
Violation of Dangerous
Building Ordinance
628 North West Street
Public Services Department
EXHIBIT #2
Dover, Delaware
Regular Council Meeting of 08/23/2010
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628 North West Street
Case History
Code violation cases involving the pool and
overgrowth in the yard dating to 2002.
Numerous complaints from neighbors involving the
condition of the pool.
Rear of property is accessible by alley. Fence is low
and has missing areas, making this pool a hazard to
the neighborhood.
Certified letters to property owner are consistently
returned to the City.
Attempts to contact the property owner have been
unsuccessful
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Code Citation
Chapter 22, Article XI
Section 22-381
(9) General welfare. Those which, because of their
condition or use, are unsafe, insanitary, or dangerous
to the public health, morals, safety or general welfare
of the people of this city.
(10) Code violations. Those existing in violation of
any provisions of the building code of this city, or any
provision of the fire prevention code, or other
ordinances of this city.
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August 10, 2010
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August 10, 2010
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August 10, 2010
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August 19, 2010
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August 19, 2010
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Recommended Council Action
Declare this pool structure as dangerous.
Order the property repaired or demolished by September 23,
2010.
Order the Building Inspector to cause the repair or demolition of
the pool if not completed by the owner within (10) days of the
date set by Council.
Order the City Manager with the assistance of the City Solicitor
to cause the cost of repairs or demolition to be charged against
the land on which the building exists as a municipal lien or
cause such cost to be added to the tax duplicate as an
assessment, or to be levied as a special tax, or to be recovered
in a suit at law against the owner.
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EXHIBIT #3
Regular Council Meeting of 08/23/2010
City of Dover
COUNCIL RESOLUTION NO. 2010-10
A RESOLUTION AUTHORIZING THE SALE OF UP TO
$12,000,000 ELECTRIC REVENUE REFUNDING BONDS
OF THE CITY OF DOVER
WHEREAS, pursuant to Chapter 158, Volume 36, Laws of Delaware, as amended (the
“City Charter”) and Chapter 111, Volume 52, Laws of Delaware, as amended (collectively, the
“Enabling Acts”), the City of Dover (the “City”) is authorized to issue revenue bonds for the
purpose of financing and refinancing improvements to its electric system;
WHEREAS, pursuant to the Enabling Acts, the City adopted a Resolution on December
23, 1985, as subsequently supplemented (the “Original Bond Resolution”) in order to issue
various series of electric revenue bonds;
WHEREAS, the Original Bond Resolution was amended and restated by a Resolution
adopted on August 23, 2004 (the “Bond Resolution”) pursuant to which the City issued The City
of Dover, Delaware $22,535,000 Electric Revenue Refunding Bonds (Taxable Series 2004) (the
“2004 Bonds”);
WHEREAS, the City desires to issue additional revenue bonds pursuant to the Bond
Resolution in order to refund the 2004 Bonds; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dover,
Delaware (the “Council”) as follows (at least three fourths of all members thereof concurring
therein):
1. The Council authorizes the sale of the City’s electric revenue refunding bonds
pursuant to the Bond Resolution in the aggregate principal amount of up to $12,000,000 (the
“2010 Bonds”) for a project (the “Project”) consisting of: (a) the refunding of the 2004 Bonds;
and (b) the payment of the costs of issuing the 2010 Bonds.
2. The 2010 Bonds shall be sold in a competitive sale in such manner, subject to
such terms and at such price as the Mayor and Controller/Treasurer shall determine shall be in
the best interest of the City.
3. The Mayor and the Controller/Treasurer are each authorized to accept a bid
received in connection with a competitive sale so long as the bid provides for at least a 3%
savings for the City.
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4. The City declares its official intent within the meaning of Income Tax Regulation
§1.150-2 to issue up to $12,000,000 aggregate principal amount of its 2010 Bonds to finance the
Project.
5. The 2010 Bonds shall be issued in one or more series, shall bear interest at such
rates, shall be payable and shall mature at such times, shall contain such provisions for optional
and mandatory redemption, shall be in such form, certificated or book entry, and shall contain
such other terms and conditions as the Mayor and Controller/Treasurer shall determine shall be
in the best interest of the City.
6. The Mayor and Controller/Treasurer are authorized to prepare and distribute a
Preliminary Official Statement in connection with the offering and sale of the 2010 Bonds and to
deem such Preliminary Official Statement final for the purposes of Rule l5c2-l2 of the Securities
and Exchange Commission and to finalize and distribute an Official Statement.
7. The Mayor and Controller/Treasurer are each authorized to enter into a contract
with one or more purchasers of the 2010 Bonds providing for the City to issue and sell said
bonds in accordance with the terms of said contract and this Resolution.
8. Upon entering into a contract to issue and sell the 2010 Bonds, the Mayor shall
promptly inform the Council of the terms thereof whereupon the Council shall adopt a
Resolution confirming the terms thereof.
9. The City hereby covenants for the benefit of holders of the 2010 Bonds that, so
long as any 2010 Bonds are outstanding, it will file, or cause to be filed, all financial
information, operating data and notices of material events in order to comply with the
requirements of Rule 15c2-12 of the Securities and Exchange Commission with respect to the
2010 Bonds.
10. The City Clerk shall forth with cause to be published once in a newspaper
published in the City a notice in substantially the following form:
“NOTICE
“NOTICE IS HEREBY GIVEN that the City Council of the City of Dover,
Delaware on August 23, 2010 pursuant to Chapter 111, Volume 52, Delaware
Laws, as amended, adopted a resolution entitled as follows:
‘A RESOLUTION AUTHORIZING THE SALE OF UP TO $12,000,000
ELECTRIC REVENUE REFUNDING BONDS OF THE CITY OF DOVER’
“The purpose of the issuance of said bonds is to provide funds to finance or
refinance certain improvements to the City’s electric system.”
“Any action or proceeding to contest the validity of said resolution or any of its
provisions must be commenced within thirty (30) days after the publication of
this notice. After the expiration of such period of limitation, no right of action or
defense founded upon the invalidity of said resolution or any of its provisions
shall be asserted, nor shall the validity of such resolution or any of its provisions
be open to question in any court upon any ground whatever, except in an action or
proceeding commenced within such period.”
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By order of the City Council of the City of Dover, Delaware.
City Clerk
11. The Mayor, Controller/Treasurer and Clerk of Council are hereby authorized and
directed to take all action deemed by them as necessary and appropriate to carry out the intent of
this resolution.
12. This resolution shall take effect immediately upon its passage and approval by the
Mayor.
Attest:
Clerk, Dover City Council President, Dover City Council
APPROVED by the Mayor of the City of Dover on the 23rd day of August, 2010.
______________________________
Mayor
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