This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
3 pages have little or no readable text here, often scans or drawings. See the PDF for those.
Page 1
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 25, 2016 at 7:30 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson (arrived at 7:31 p.m.), Mr. Sudler, Mr. Neil,
Mr. Lewis, Mr. Cole, Mr. Hosfelt, Mr. Hare, and Mr. Hutchison (departed at 7:44 p.m. and returned at
7:46 p.m.).
Council staff members present were Deputy Police Chief Mailey, Mrs. Mitchell, Mr. Koenig,
Mrs. Townshend, Deputy Fire Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell.
Mayor Christiansen was absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Ted George, 77 Billings Drive, informed members that he had been a member of Christ
Episcopal Church, at the corner of Water and State Streets, for almost 50 years, and was very
concerned about something that occurred beyond everyone's control, including the City Manager and
the Mayor. He stated that in December and January of 2014 the City had snow and ice, and the City
and State trucks piled ice and snow approximately 100 feet on the sidewalk that borders Water
Street, noting that they also piled it up on top of the church's short wall. Mr. George explained that
the result was that 100 feet of the short wall bowed and buckled, noting that many bricks were
broken. He stated that a section of the curb was also broken, and for parishioners to be able to park
they have to be careful not to run their car tire into the curb because it juts out.
Mr. George stated that the Mayor was well aware of this situation when he called him about it,
noting that Mayor Christiansen took his oath of office on July 25, 2014 and was the Mayor at the
time this snow and ice hit. Mr. George explained that when he asked the Mayor when this would
get fixed, his answer was to get the City Manager, Mr. Scott Koenig involved. He stated that in
early May 2015 he met with Mr. Koenig and the Mayor, and Mr. Koenig indicated that the City had
three (3) projects to get to. Mr. George noted that it was now July 2016, nothing had been done
towards the repair, and his church is frustrated. He stated that the 100 foot sidewalk is so bad that
ladies with high heels can twist and sprain an ankle in a heartbeat.
Mr. George advised that he was turning to members of City Council to try to expedite this and get
the problem on Water Street fixed for the church as quickly as possible. He stated that he could
answer any questions regarding this matter, noting that he is the historian and was in buildings and
grounds on the vestry at the time this happened.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Page 2
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 2
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Hosfelt and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 11, 2016
The Minutes of the Regular Council Meeting of July 11, 2016 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Hosfelt and bore the written approval of
Mayor Christiansen.
PRESENTATION - LUTHERAN SENIOR SERVICES OF DOVER, INC. -
PAYMENT-IN-LIEU OF TAXES (PILOT)
On behalf of members of Council, Councilmen Cole, Hare, Lewis, and Neil accepted a contribution
from Mr. Gary Coy, Executive Director of Lutheran Senior Services of Dover, Inc., in the amount
of $27,227 as payment-in-lieu of taxes (PILOT) for expenses associated with City services provided
to Lutheran Senior Services of Dover throughout the year.
Mr. Coy informed members that Lutheran Senior Services of Dover, Inc. is a non-profit organization
that provides housing for seniors at Luther Towers and Luther Village. He noted that the
organization began in 1979 and, according to articles he had read, it was controversial. Mr. Coy
stated that they built their first building with a bond bill with the State, and had a contract with
Housing and Urban Development (HUD) to provide 149 units for low-income seniors, 62 years old
and above. The first building opened in 1980, and the second building, Luther Towers II, opened
in 1984, with another 50 apartments through a Federal Housing Administration (FHA) loan that
HUD guaranteed with a Housing Assistance Payments (HAPs) contract. He noted that they changed
programs and became a Project Rental Assistance Contract (PRAC), a project assigned program for
seniors. In 1994 they built Luther Towers III with 49 apartments, and in 1998 they built the fourth
building on Silver Lake with 44 apartments.
Mr. Coy stated that they ran out of room, so the board set out on a search for more property and
bought 35 acres from John Hunn Brown, behind Safeway. He advised that, in November of 2006,
they opened Luther Village I and provided 68 apartments. Mr. Coy stated that he came along in
2008, in 2009 Luther Village II opened, and in November 2015 they dedicated Luther Village III,
with 45 apartments. He informed members that Lutheran Senior Services of Dover, Inc. currently
has 436 apartments and approximately 460 seniors living in those apartments, noting that they have
a nice proportion of the population of the seniors 62 and above in the City.
Mr. Coy explained that the seniors living in the Lutheran Senior Services of Dover, Inc. apartments
are your fathers, your mothers, your brothers, sisters, grandfathers, and grandmothers, they are
seniors trying to make it, and most of them are living on Social Security. He asked members how
they would like to live on $7,500. Mr. Coy advised that the rents are set based on a formula, which
is 30% of their income, and HUD subsidizes the rest so that Lutheran Senior Services of Dover, Inc.
can make operating costs. He reiterated that they do not make a profit. Mr. Coy explained that they
do not have overhead and their entire board of directors works for nothing and dedicates their time
to the vision of providing safe, affordable housing.
Page 3
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 3
Mr. Coy noted that the average age is 75 years old in all the buildings. Referring to the impact that
Lutheran Senior Services of Dover, Inc. has on the City, he stated that they provide a service by
providing housing. He indicated that they have approximately 30 employees, noting that they are
currently down a couple of employees. Mr. Coy stated that there are 12 full-time employees in
addition to himself, and the rest are part-time employees. He noted that they have hired individuals
ranging from 18 years old to 82 and employ some of their residents. They pay about one and a half
times the minimum wage and, although it is not a lot of money, it helps out and is also money
pumped into the community.
Mr. Coy informed members that Luther Village III has 45 apartments and the waiting list for that
income level was five (5) years when they built the building. He asked members to imagine being
on a list for five (5) years when you are 62 years old, noting that individuals can put in an
application, but seniors are growing in need. Mr. Coy indicated that HUD is also hurting for money,
explaining that last year, the building that Lutheran Senior Services of Dover, Inc. built for $8.5M,
for 45 apartments, was not subsidized by HUD. He stated that last year, for the entire United States,
those particular senior projects were approximately $60M total and Lutheran Senior Services of
Dover, Inc. built an $8.5M building with private funding grants. Mr. Coy explained that although
they do not receive a subsidy, they only charge rent that is approximately 30% of what the residents
earn. He stated that they have a wonderful facility and invited members to visit for a tour.
In addition to housing, Mr. Coy stated that Lutheran Senior Services of Dover, Inc. also provides
transportation to medical appointments, shopping, and banking for their seniors, noting that a lot of
them cannot afford cars. He asked members to imagine having no income and a $9 per month rent.
Mr. Coy advised that there are a lot of needs out there, and he is concerned when he reads about
non-profits needing to pay taxes. He explained that HUD allows Lutheran Senior Services of Dover,
Inc. to budget because they understand; however, there are a lot of non-profits that cannot budget
because they are totally dependent upon gifts and grants that are not from the government, including
the Food Bank, Mom's House, homeless shelters, and many other places. Mr. Coy stated that
Lutheran Senior Services of Dover, Inc. has people that have come in off the street after being on
the waiting list for a year and a half, noting that their lowest income category is a year and a half.
He informed members that they receive calls almost daily from seniors and senior veterans that are
looking for a place to stay, and the staff has to tell them to "please fill out an application, but it might
be a year and a half." Mr. Coy stated that it is tough out there.
Referring to the Lutheran Senior Services of Dover, Inc. PILOT, Mr. Coy stated that HUD has
allowed them to budget for it. He stated that they had a good year, met all of their goals, and were
able to live within their budget, noting that fortunately it did not snow too much, so they did not have
to pay much for snow removal. Mr. Coy stated that this year’s contribution of $27,227 was the same
amount as last year. He expressed his hope that next year they will have a little more with their new
building, since they plan to do that. Mr. Coy stated that he could not say enough about their police
support, noting that they do get problems and have people coming in with warrants out. He advised
that when they find out, they call the police, and they show up. Mr. Coy stated that he was also
grateful to the fire department, noting that they have not had any fires; however, the seniors have a
lot of stove incidents. He stated that the members of the fire department are professionals all the
way.
Page 4
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 4
Mr. Sudler thanked Mr. Coy for all that he does, noting that he understands the needs because his
family, the Mishoe family, has served the community, veterans, handicapped, and senior individuals
off State College Road. He explained that, as a manager of that facility, he understands Mr. Coy’s
sacrifice and the challenges that he faces. Mr. Sudler stated that he supports non-profit organizations
and would not be voting for taxes for non-profits.
Mr. Hutchison expressed sincere thanks to Mr. Coy and the board of trustees for their leadership and
commitment to the people that they take care of, and for the relationship which they have with the
City of Dover. He stated that since 1989, Lutheran Senior Services of Dover, Inc. has voluntarily
contributed a PILOT to the City. Their initial payment in 1989 was $5,000 and, with this year's
contribution of $27,227, the approximate total contribution to date is $464,756.
On behalf of members of Council, Mr. Slavin thanked Mr. Coy.
PRESENTATION - RECOGNITION OF SERVICE - CINDY SMALL - DOWNTOWN
DOVER PARTNERSHIP - JUNE 2008 THROUGH MARCH 2016
On behalf of members of Council, Councilmen Anderson, Hare, and Neil presented
Mrs. Cindy Small with a Dover Cup in recognition of her many years of service on the Downtown
Dover Partnership (DDP). Mr. Neil noted that although Mrs. Small was being honored for her role
in the DDP, she was also a legend with Kent County Tourism and greater Dover tourism. He stated
that he had a great deal of respect for Mrs. Small for everything she had done, including the
outstanding job she did for the events that continue to happen, particularly Dover Days which has
been a phenomenal success.
Mrs. Small thanked members of Council. She stated that it was her honor and privilege to serve the
City of Dover, members of Council, the downtown, and the citizens, noting that it will always be
close to her heart.
PRESENTATION - COMIC CON
Mrs. Margery Cyr, Director of the Dover Public Library, reminded members that during the Regular
Council meeting of July 11, 2016, she and Ms. Catherine Wimberley, Head of Youth Services,
provided a presentation regarding the Maurice Sendak Memorial Exhibition which will have its
grand opening on Friday evening, July 29, 2016, and Saturday, July 30, 2016. She stated that the
summer just keeps getting better, explaining that she had asked Ms. Katherine Goff, Teen Librarian,
and Ms. Kerri Hollyday, Library Assistant in the Teen Loft, to provide a presentation regarding
Comic Con, which will take place on Saturday, August 6, 2016.
Ms. Goff and Ms. Hollyday reviewed a presentation entitled “Dover Comic Con 2016” (Exhibit #1).
Ms. Hollyday explained that one of the Dover Public Library’s goals is to provide patrons with an
experience that extends beyond the traditional expectations of a library. She stated that libraries
today are more than just books on shelves, noting that the Dover Public Library has different
collections, programs, and activities for everyone of all ages. Ms. Hollyday advised that Comic Con
came about as a new way and a unique platform to introduce new people to the library and the
services offered. She stated that over the past three (3) years, it has expanded beyond the borders
of the library into other community groups such as the Biggs Museum, First State Heritage Park, and
the Schwartz Center, and this year to the Dover Art League and Delaware Pride as well.
Page 5
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 5
Referring to page 3 of the presentation, Ms. Hollyday reviewed two (2) graphs depicting the growth
of Dover Comic Con, noting that the event began in 2014 with eight (8) artists, four (4) panels and
programs, five (5) vendors, and two (2) food trucks, and this year they were expecting 41 artists,
19 panels, 60 vendors, and 15 food trucks. She stated that attendance had also increased, explaining
that in the first year staff would have been happy with about 500 people and 2,500 people attended.
Ms. Hollyday informed members that last year approximately 7,000 people attended, and they were
preparing for 10,000 this year.
Ms. Goff, referring to pages 4-5 of the presentation, reviewed graphs depicting the statistics for
comparable events, explaining that the projected attendance per day for the 2016 Dover Comic Con
was similar to the per day attendance for the Baltimore Comic Con; Otakon, held in Baltimore; and
Awesome Con, held in Washington, D.C. She noted that these events run for several days; however,
per day, Dover Comic Con is on par with them. Ms. Goff advised members that the projected
attendance per day for the 2016 Dover Comic Con was exactly the same as the attendance for Firefly
Music Festival when it began in 2012 and Big Barrel Country Music Festival when it began in 2015.
She indicated that Dover Comic Con can only grow from this, and they are seeing evidence of that
daily.
Ms. Goff shared the public service announcement (PSA) that WBOC put together and began airing
on July 22, 2016. Ms. Hollyday informed members that the PSA was posted on the Library’s
Facebook page, had reached over 10,000 people, was shared 118 times, and more than 4,000 people
had viewed the whole video. She stated that the Library was really excited and looking forward to
everyone coming in and everyone from the community coming out for this event.
Mr. Neil stated that he thought it was marvelous when he went last year, noting that he was greeted
like a character even though he was not in uniform. He noted that, with the Maurice Sendak exhibit
beginning on July 29, 2016 and running through the middle of September, and Comic Con, it was
like hitting a double header. Mr. Neil indicated that this event is terrific for young people and the
young at heart. He explained that, even though he was one of the old guys, he appreciated what was
going on, talking to the people, and he noted how much they appreciated it. Mr. Neil applauded the
effort of the Library.
Responding to Mr. Anderson regarding the hours of Comic Con, Ms. Hollyday stated that this year
Comic Con would begin on Friday night with a kick-off event on Loockerman Way Plaza with the
arrival of the Ghost Busters and Ecto 1 at 5:30 p.m., and an In Harmony concert scheduled for
6:30 p.m. She informed members that the Schwartz Center would be showing the original Star Wars
movie and tickets would be $7, noting that this was the same place that the film was originally
shown in Dover in 1977. Ms. Hollyday stated that Kent County Tourism was providing the
fireworks that were cancelled for Dover Days on Friday night as well. She advised that staff decided
to begin the event on Friday night this year to make sure that people have something to do on Friday,
explaining that last year staff was shocked that people were coming from out of state and staying.
Ms. Hollyday announced that the event on Saturday was scheduled from 10:00 a.m. until 5:00 p.m.
In response to Mr. Anderson, Ms. Hollyday stated that the TARDIS would be at Comic Con again
this year; however, it would be outside the Old State House this year because the Division of
Page 6
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 6
Historical and Cultural Affairs are bringing back their play “Caesar Rodney Meets Dr. Who.” She
informed members that the play would be held at 11:00 a.m., 1:00 p.m., and 3:00 p.m.
COUNCIL COMMITTEE OF THE WHOLE REPORT - JULY 12, 2016
The Council Committee of the Whole Meeting was held on July 12, 2016 at
6:00 p.m., with Council President Slavin presiding (departed at 6:22 p.m., returned at
6:23 p.m., and departed at 6:45 p.m.). Members of Council present were Mr. Anderson
(arrived at 6:18 p.m.), Mr. Sudler, Mr. Neil, Mr. Lewis (arrived at 6:16 p.m.), Mr. Cole,
Mr. Hare, and Mr. Hutchison. Mr. Hosfelt was absent. Mayor Christiansen was also
present. Civilian members present for their Committee meetings were Mr. Caldwell
(Parks, Recreation, and Community Enhancement), Ms. Arndt and Mr. Blakeman
(Utility), and Mr. Shevock and Ms. Stewart (Legislative, Finance, and
Administration). Mrs. Horsey (Parks, Recreation, and Community Enhancement)
was absent.
LEGISLATIVE, FINANCE AND ADMINISTRATION
COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held with
Chairman Hare presiding.
Wesley College Proposal for Former Dover Public Library Building
Members were provided correspondence dated July 12, 2016 from Robert E. Clark II,
President, Wesley College, and a proposal entitled “The Adaptive Re-use of the
Former Dover Public Library Proposal.” President Clark stated that the proposal was
related to the College’s acquisition of the old Dover Public Library, but more
accurately it related to the community of Dover. He indicated that he did not look
at Wesley College as a small college in Dover but as Dover’s college. President
Clark stated that the proposal would provide the community with an educational
building and infrastructure for health care, which was a very highly needed service
in the community. He noted that Wesley College would be starting a Master’s of
Occupational Therapy program this fall, which would be the only such program in
the Delaware, Pennsylvania, and New Jersey region. President Clark advised that
there are a couple of hundred registered occupational therapists in Delaware and a
need for almost 250 more, stating that the proposal would meet this need and, more
importantly, connect the downtown to Wesley College and provide an area where
there would be students, faculty, and families 24/7. He estimated that there would
be at least 500 students using the facility as the program starts off and then grows.
President Clark indicated that this would be a walking area that would be an
extension of the campus and revitalize that portion of State Street. He noted that he
was new to Wesley College; however, the tradition of the Wesley College/Dover
partnership goes way back and this partnership was a strong suit of the community
and area and one (1) of the things that attracted him to Dover. President Clark stated
that he and the Wesley faculty, staff, and students must meet the extended family
members in Dover. He noted that the City is also very interested in the future and
Page 7
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 7
understands service above self. President Clark advised members that education is
not bound by brick and mortar and a four (4) year time continuum but is a lifelong
process. He believed that this facility and this partnership, with the City providing
the skeleton, would provide the heart and soul that would move this particular
building into an arena where it becomes something living that not only educates the
future but gives back to the community right away.
Mr. Hutchison noted that Wesley College would be looking at spending money on
the building in order to meet standards and bring it up to code. President Clark stated
that engineers had gone through the building. The estimated cost to meet
mechanical, electrical, American Disabilities Act (ADA), and fire suppression codes,
as well as to provide services for their educators, would be approximately $2M.
Members were provided an email from Mr. Thomas Leary, former City Council
President, dated July 12, 2016, regarding Library Giveaway. Referring to this email,
Mr. Neil expressed sympathy for the idea of spreading the Wesley Campus into the
downtown area; however, stated concerns regarding the issues that had been
expressed by Mr. Leary. Mr. Neil noted that the value of the building was not known
at this time, and he was unsure how much of a delay examining this would cause in
the process. He indicated that it was unknown what the building would bring to the
City in taxes and other development if it were used for commercial purposes, and he
believed this must be determined before saying yes to the proposal. Mr. Neil loved
the idea and what it could mean to the City; however, he felt that this step needed to
be taken before going ahead. He stated that this was the first time he was seeing the
proposal and wanted to be able to study it. Mr. Neil advised that if action is delayed
on the proposal, this would not be because he was personally opposed; however, as
a member of Council and representative of his constituents in the Third District, he
believed this step must be taken.
President Clark stated that he understood, and he appreciated everyone’s interest and
desire to take a very hard look at the proposal and what it would bring to the
community. He felt that the harder the proposal was looked at, the more it would be
realized how beneficial it would be to the City and its future. President Clark stated
that there is a balance, noting that this matter could be looked at in terms of cash flow
and immediacy in terms of fiscal reality and money in hand. He advised that time
and time again, history had shown that this approach works very well for the short
term; however, the long term is the economic development and the potential that
something provides. President Clark stated that, as members review the proposal and
receive other input, they would see the long-term benefits, noting that research shows
that educational institutions, partnering with communities, provide stimuli. He
indicated that a business would bring in the eight (8) to five (5), Monday through
Friday presence of those who come to work and leave; however, an educational
institution has a 24/7 life of its own. President Clark stated that people would be
coming and going, and there would be not only the immediacy of education and the
opportunities provided by the curriculum, but the interest that would be drawn from
external entities, whether health care consortiums or future students. He indicated
Page 8
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 8
that people would be brought into Dover and, more importantly, closer to downtown.
President Clark advised that they had done an economic impact study, and the results
surprised him, noting that Wesley College alone brings $86M into Kent County
annually. He felt that everyone was one (1) team, family, and future, that Wesley is
Dover and Dover is Wesley, and he felt that Wesley was blessed to be part of this
partnership. He thanked members for what had been done in the past and looked
forward to continuing this partnership going forward.
Mr. Slavin thanked President Clark and stated his appreciation that Wesley College
had come forward with this proposal. He advised that President Clark had indicated
to him that he wanted to make sure this was heard with full, open transparency both
at the committee and Council levels.
In response to Mr. Slavin regarding whether there was an appraisal on this property,
Mr. Koenig indicated that there was an appraisal from 2011, and another had been
ordered and should be available next week. Mr. Slavin advised that this information
would be available in 13 days time when this matter comes forward before the full
Council.
Mr. Slavin noted that if the City were to make such an investment, it would not be
desired for the property to be flipped and sold for a drive-through McDonald’s or
something of that nature. He questioned, as an institution, what Wesley College
would be willing to take on to ensure that this would be used for educational
purposes. Responding, President Clark stated that there could be any type of clause
stating that if at any point Wesley College looks to sell or turn the property over, the
City would get first rights of refusal. He gave his word that the purpose was not to
flip the property or make money but to provide opportunities for the futures of the
young men and women who will be the future Doverites that impact the economy and
the culture of the City. President Clark reiterated that this was about our community
and our kids. He agreed to a clause that has a safe out so that 20, 50, or 100 years
down the road, if something gets tight, that will not be used as a bargaining chip.
President Clark indicated that it would be an educational institution and an
educational building that will provide the opportunities for our children and the
community in the future.
Mr. Slavin expressed his opinion that economic development strategy begins with
taking care of the existing employers and job base to protect them. He advised that
if he was told that an existing employer had come forward, was willing to make a
multi-million dollar investment, and would adaptively reuse a building that had been
vacant for a number of years, and that all of this would occur in a downtown
revitalization area where the City had focused time, energy, and money in getting this
exact thing to be done, his only question would be what could be done to help.
Mr. Slavin felt that the answer would be that the City would give abatements, tax
credits, waivers, and may put other incentives on the table. For example, he felt
members should think about the Garrison Oak Technical Park and what incentives
the City would put in place. Mr. Slavin indicated that if calculated over the life cycle
Page 9
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 9
of the building, the incentives would probably far outstrip the value that the City has
in the building. In addition, he expressed concern that there had been no other plan
for this building, and it was suffering because of this. He stated the need to address
the issue of what would be done with the building because there is very little capacity
inside a municipal government to think strategically about vacant properties.
Mr. Slavin expressed the need to take advantage of the opportunity when it presents
itself. He indicated that he was very supportive of the proposal and thanked
President Clark for coming forward and answering questions. Mr. Slavin stated that
if there were questions regarding the appraisal, this information could be available
at the next full meeting of Council in 13 days and President Clark would be invited
back for this.
Mr. Shevock advised that he would like to see the appraisal and, if the proposal is
approved, that clawback phrasing would indicate that the building would come back
in the same way that it went through.
Responding to Mr. Shevock, President Clark stated that the project would be started
almost immediately and the date of project completion would be determined when
they decide where things would be put in the footprint. He explained that Wesley’s
Master’s of Occupational Therapy program shares some rooms in Johnston Hall, the
former Frear Building. President Clark noted that this new program would start in
the fall and was allowed 20 new students by their accreditors. They were now
interviewing almost double this number. It was projected that in the next two (2) to
three (3) years, they would be at 90 plus, and a couple of rooms would not satisfy
this. President Clark advised that there are a lot of preliminary courses for health
care programs, including math, science, and higher core freshman courses. As the
program grows, these will also grow. He indicated that Cannon Hall was almost at
capacity for labs. President Clark stated that the proposal would allow some relief
by bringing some of the core science programs to the old Dover library, possibly
including some labs that specifically support the health science and health care
curriculum.
President Clark noted that starting the Master’s of Occupational Therapy would be
great for bringing people in. In addition, he noted that Wesley College was looking
at what they can do for their existing infrastructure, and one (1) of the core
components of this would be expanding kinesiology. President Clark advised that
this would mean bringing in more professors, adjuncts, and staff to support the
undergraduate feed that would lead to the Master’s of Occupational Therapy
program. He noted that some large schools have pro bono type clinics where
children and the community are brought in and pay less than the full price of a large
health care institution for these educational and collegiate services. President Clark
stated the desire to start immediately and get faculty chairs to lay out what they think
would be piece and parcel of the proposal. He stated that he, Provost Jeff Gibson,
and the Vice President for Finance had considered this, and he did not want to make
decisions for his experts until they had a chance to lay this out. President Clark
indicated that he did not want to talk too much about this within his organization and
Page 10
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 10
raise undue expectations before coming before Council and until there was a firm
path.
Mr. Shevock questioned if part of the proposal would be up and running within three
(3) or six (6) months. Responding, President Clark indicated that the former Frear
Building had taken a couple of years; however, he felt the current proposal would
take a little less time, based on his own engineering background and the engineers
who were brought in. He indicated that, although $2M was substantial for them, it
was not quite as behind as the former Frear Building was. President Clark stated that
he would provide a report once he receives more firm data.
Mr. Shevock questioned how much parking would be required. Responding,
President Clark indicated that they were only asking for the parking alongside the old
Dover library, noting that the point was not to create a Wesley entity but to join the
community. It was desired that students would be walking through town to attend
health care courses from the main campus. President Clark believed that the parking,
though minimal, would meet their needs because it would provide spaces for extra
instructional professors, etc. He expressed the desire for people to be in the streets.
His vision and hope that, at sometime in the future, if someone was brought in
blindfolded to Bradford, Loockerman, or State Street, or to Wesley College and the
blindfold was removed, that they would identify their location as Dover.
President Clark desired that it would all look the same and that Wesley would not be
a college in a town but the college of the town and the same community.
Mr. Hare informed members that he had heard it said that to make a downtown area
grow, “med or ed” is needed. He felt that this was something that would help
downtown grow. Mr. Hare indicated that he had spoken to some commercial
realtors, stating his belief that when the appraisal comes out and everything needed
to make this building acceptable is determined, this would be a benefit. He indicated
that the building had expenses that were costing the City and he was totally in favor
of doing this. He felt it would be a benefit for the City and stated that if Wesley
College decided to sell the building in 100 years, he did not care.
Mr. Lewis questioned if there had been other bids received or solicited for the
building. Responding, Mr. Hare stated that there had not. Mr. Neil noted that there
had been a bid; however, the bidder did not identify what he would be using it for.
Mr. Hare indicated that there were quite a few things that would have to be done that
the City was not willing to do. Mr. Hutchison advised that there had also been many
discussions with the State of Delaware pertaining to this building; therefore, there
had been more than one (1). Mr. Hare noted that each time, there had been a cost of
renovation. Mr. Lewis questioned if the property had been well advertised and
Mr. Hare stated that it had been. Mr. Neil indicated that he did not think it had been
advertised. Mr. Hare stated that the Economic Development Office had been trying
to get rid of the building for the last five (5) years. Mr. Neil advised that the bid that
he was aware of was unsolicited.
Page 11
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 11
(City Clerk’s Office Note: Subsequent to the meeting, members of Council were
advised that during their meeting of October 21, 2015, the President’s Counsel on
Public/Private Partnerships and the Future of City Hall, Weyandt Hall, Former
Dover Library, and Other City Properties considered an unsolicited proposal for the
purchase of 45 South State Street and 5 East Reed Street from Mr. L. D. Shank,
Dover Renaissance LLC and this matter was referred to City Council for discussion
in Executive Session.)
(City Clerk’s Office Note: According to Mr. Scott Koenig, City Manager, the
building, which was vacated by the library in September 2012, was briefly used by
the State for the restoration of artifacts damaged in a fire at Legislative Hall and
utilized by City staff for several months during the roof replacement at 5 East Reed
Street. He advises that the building has never been placed on the market for sale
with any real estate company or advertised for sale in any public venue.)
Ms. Stewart indicated that she would not be voting on this matter because she is a
member of the Wesley College Alumni Association.
The Committee referred the Wesley College proposal to City Council for a final
decision at their next meeting.
Mr. Hare moved to defer the Wesley College proposal for the former Dover Public Library building
for future consideration, seconded by Mr. Sudler.
Mr. Neil noted that it was a good idea to defer this item.
The motion to defer the Wesley College proposal for the former Dover Public Library building
for future consideration was unanimously carried.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
Proposed Ordinance #2016-18 Amending Appendix B - Zoning, Article 3 -
District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection
27.66 - Building Height (Sponsors: Hare and Hutchison)
Mrs. Dawn Melson-Williams, Principal Planner, advised members that Proposed
Ordinance #2016-18 related to the height of buildings within the Corridor Overlay
Zone 1 (COZ-1). She explained that this Zoning Text Amendment was being
brought forth by an applicant who sought sponsors of several City Council members.
Mrs. Melson-Williams noted that the applicant, Mr. Phil McGinnis, McGinnis
Commercial Real Estate Company, was in the audience. She informed members that
the Corridor Overlay Zone is a zoning overlay that exists along the corridors of Route
8, Saulsbury Road, and McKee Road in the City. This Corridor Overlay Zone places
additional design parameters on development along those corridors in order to
present a more urbanized style of land development activity in that area.
Mrs. Melson-Williams indicated that one (1) of the components is a building height
Page 12
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 12
limitation of two (2) stories or 35 feet, which may be more restrictive than the base
zoning of properties along that corridor, where the building height may be taller.
This proposal would make changes to how the building height is presented on the
property. Within the first 100 feet of depth of the property from the corridor, it
would continue to be limited to two (2) stories or 35 feet in height, but beyond that
100-foot depth it would revert to whatever the base zoning allows. Mrs. Melson-
Williams advised, for example, that some areas along that corridor are zoned C-2A,
which allows for a building height up to six (6) stories and 75 feet.
Mrs. Melson-Williams advised that the proposal would be an amendment to the
Zoning Ordinance; therefore, it would begin at the committee level, would be
referred to City Council to set the public hearing dates required for the Planning
Commission and City Council, and final action would be taken by City Council.
Mrs. Melson-Williams advised that the ordinance specifically related to building
height within the Corridor Overlay Zone and staff’s recommendation would be
formally presented with the Planning Commission part of the process. She noted that
staff assisted Mr. McGinnis in crafting the language for his concept. She indicated
that staff recognized that there are some issues within the Corridor Overlay Zone
related to how some other portions of the Zoning Ordinance had been updated over
the years, but had not had the opportunity to concentrate on the Corridor Overlay
Zone, noting that this was on their to-do list.
Members were provided correspondence dated July 12, 2016 from
Michael J. Harrington, Jr., President, Kent County Association of Realtors,
regarding Proposed Ordinance #2016-18 - Corridor Overlay Zone Height Limitation
Amendment.
Mr. Sudler questioned if there had been feedback from property owners or
community members in the surrounding areas and, if so, what the recognized issues
were. Responding, Mrs. Melson-Williams indicated that the current agenda item was
the first step in the process of the proposed zoning amendment, that a public hearing
would be advertised, and the community would then have the opportunity to give
input. She indicated that there were several development applications along the
corridor that would probably be interested in the potential change and what it may
mean for their development opportunities in those areas.
Mr. Neil questioned if the height of the building would interfere with the Dover Air
Force Base and the planes flying over. Responding, Mrs. Melson-Williams indicated
that it would not, noting that the Corridor Overlay Zone is not on the east side of
town but is specific to the corridors of Route 8, Saulsbury Road, and McKee Road.
She advised that there is a different zoning overlay in the area of the Dover Air Force
Base called the Airport Environs Overlay Zone that has some limitations related to
height.
Page 13
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 13
Mr. Neil asked if other buildings could also be expanded in height if this were
permitted. Responding, Mrs. Melson-Williams indicated that there was potential that
others could seek to add stories along that corridor if they were in a portion of the
property that would be subject to this limitation. Mr. Neil questioned if this would
add to the assessments. In response, Mrs. Melson-Williams advised that the tax
liability could potentially be impacted if buildings were being expanded or
renovated.
Mr. Anderson stated he was glad that this was coming about, stating that he had been
concerned about a lot of the restrictions in the Corridor Overlay Zone. He questioned
if there was a timetable for the whole concept to be evaluated. In response,
Mrs. Melson-Williams advised that this was identified as one (1) of the research
projects for potential zoning text amendments that the Planning Office needed to put
on their list, noting that there are currently others that have higher priority. She noted
it was identified several years ago when staff focused on some of the commercial
zones, clarifying uses, and some of the bulk standards, and this would be a natural
next step to that; however, there was no time frame for this.
The Committee recommended adoption of Proposed Ordinance #2016-18.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hosfelt and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Review of Active Recreation Area Plan (Request for Cash-in-Lieu) - The
Grande, Building 4: Planned Neighborhood Design - Senior Citizen Housing
Option (Planning Reference C-15-04)
Mrs. Dawn Melson-Williams, Principal Planner, advised members that this item was
related to the project known as The Grande. She noted that the Active Recreation
Area Plan was associated with construction of a fourth building on the north side of
Forrest Avenue just to the east of the Modern Maturity Center. Mrs. Melson-
Williams stated that three (3) buildings were in place and a fourth building project
would soon start. As part of the approval process for this building, the active
recreation area was reviewed, and there are requirements for the amount of active
recreation area based on the number of dwelling units provided on the site.
Mrs. Melson-Williams advised that a number of recreational amenities were
constructed previously with the three (3) buildings, including items such as walking
paths, horseshoe pits, shuffleboard, a swingset, benches, and picnic tables. The
cumulative effect of those amenities still left the applicant with a deficiency in active
recreation area for the project. Mrs. Melson-Williams informed members that this
was proposed to be satisfied by a cash-in-lieu donation at the time, noting that the
Zoning Ordinance specifically outlines how that cash-in-lieu amount is calculated.
She stated that, as part of the procedure, the amount, once calculated, must be
presented to the Parks, Recreation, and Community Enhancement Committee for
confirmation, to City Council, and to the Planning Commission for acceptance.
Mrs. Melson-Williams stated that the Planning Office had received the appraisal,
Page 14
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 14
which is the starting point for calculating the cash-in-lieu amount and is based on a
land value per acre and the amount of recreation area that is deficient. This resulted
in a cash-in-lieu requirement of $22,914. She advised that cash-in-lieu payments for
active recreation area are specifically designated for the Parkland Reserve Fund and
earmarked for the development of parkland throughout the City. Mrs. Melson-
Williams explained that members were being asked to consider accepting that
calculation amount. The process going forward would be for Council to consider the
Committee’s recommendation and then the Planning Commission would consider
this amount during their August meeting.
Staff recommended acceptance of the $22,914 cash-in-lieu of recreation area
construction donation, as the amount complies with the requirements of the Zoning
Ordinance.
The Committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
UTILITY COMMITTEE
The Utility Committee meeting was held with Chairman Cole presiding.
Presentation - Stormwater Utility
Mr. Scott Koenig, City Manager, advised that the City of Dover Stormwater Utility
Feasibility Study represented close to a year of background work associated with a
potential stormwater utility. He indicated that this would be important because it lays
out a conceptual foundation for a potential avenue to fund infrastructure and
infrastructure repairs going into the future. Mr. Koenig noted that there had been
discussions for a long time regarding difficulties with the Municipal Separate Storm
Sewer System (MS4) permit, stating that the stormwater utility concept could
potentially provide value to the City in the permit over time. He indicated that this
would be a very detailed and technical discussion tonight, and the point would be to
introduce the concept to Council and address any questions they may have.
Mr. Koenig stated that no direct action was needed because this was the first of many
discussions that would be held over a 12 to 18 month period if Council wishes to
move forward.
Mr. David Athey, URS Corporation/AECOM, reviewed a presentation entitled, “City
of Dover Stormwater Utility Feasibility Study.” He noted that there would be many
details if the intent was to explore some of the issues, develop a framework for what
a utility might look like, and start honing in on potential costs. In regard to Slide 2,
Mr. Athey explained that a stormwater utility is totally different from existing
enterprise funds, since the water, sewer, and electric utilities have meters so that
usage can be gauged. Mr. Athey commented that it is impractical to put a meter on
Page 15
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 15
stormwater; therefore, there are various ways that an approximate measure can be
done. He stated that members may be asking why there is a fee to handle rain, and
explained that rain has been and will be around forever and is natural; however,
stormwater is manmade and brings with it a lot of quality issues. In reference to
Slide 5, Mr. Athey advised that unmanaged stormwater can do a number of things
and can overtax drainage systems, referring to an event that occurred on Water Street
two (2) years ago.
Referring to Slide 6, Mr. Athey explained that the main focus of a stormwater utility
is that it is a very stable source of revenue. He noted that if there are a couple of
northeasters, there is a lot of focus on drainage; however, it is not uncommon for a
public body’s money for drainage systems to dry up if there is a drought for a couple
of years. Mr. Athey stated that a steady, constant investment is needed, and
fluctuating investment is not good asset management. He commented that a
stormwater utility must be adequate and that there had been approximately a year of
effort of really looking at what the City’s costs are. Mr. Athey explained that such
a utility can be flexible and stormwater rates can be modified depending on changing
conditions, as water, sewer, and electric rates can be modified, and it is equitable.
He informed members that this idea had been around Delaware for approximately 10
years, going back to former Governor Ruth Ann Minner’s task force, which
concluded its work in 2006.
In reference to Slide 9, Mr. Athey stated that the costs of National Pollution
Discharge Elimination System (NPDES) MS4 permit compliance were not
diminishing as permitting requirements increase. He advised that many quantity
issues were not currently being addressed. In regard to funding stability, he indicated
that this would allow funding for drainage infrastructure to be taken from the General
Fund. It would no longer compete with things that are totally different from
stormwater, and this would allow for a very focused, detailed, and well understood
effort for costs to manage these programs.
Referring to Slide 11, Mr. Athey reviewed the steps that had been taken to date. He
informed members that he worked with the City a little more than a year ago on
helping to get a grant from the Delaware Department of Natural Resources and
Environmental Control (DNREC), which helped to offset half of the costs of the
study. There was a detailed investigation into City programs and expenditures and
a significant amount of Geographic Information System (GIS) electronic mapping
analyses. A complicated spreadsheet model was developed that can be modified to
develop different scenarios, and this was used to develop preliminary costs.
In reference to Slide 12, Mr. Athey pointed out that the EFC logo at the bottom right
of the slides represented the Environmental Finance Center at the University of
Maryland, which was a subcontractor to URS/AECOM. He indicated that they are
very good at public outreach materials, which is one (1) of the City’s permitting
obligations. Mr. Athey stated that EFC made enhancements to the website, came up
Page 16
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 16
with a couple of presentations that were posted, and developed a citizen survey to
gauge people’s understanding of stormwater issues and recommendations.
In reviewing Slide 13, Enterprise Funds and Rates, Mr. Athey indicated that it
is easier to develop assessments for individual properties for the City’s
Water/Wastewater and Electric Funds because properties can be metered. This
cannot be done with stormwater. He noted that this type of work would have been
very difficult 20 years ago before electronic mapping and GIS systems came in to
vogue and greatly simplified things. Mr. Athey indicated that because stormwater
cannot be metered, a surrogate or proxy is needed to estimate how much any property
is contributing to the system.
Referring to Slide 14, Mr. Athey explained that there is a very direct correlation
between the amount of imperviousness, relating to rooftops, pavement, and gravel
on a property, and the amount of run-off. Mr. Athey stated that with aerial
photography it is possible to determine, with fairly high accuracy, the amount of
impervious surface, and the State of Delaware furnishes this every several years.
This information can be overlaid on top of an aerial tax parcel map to determine
relatively precisely how many square feet or acres of impervious surface are on a
given property. The amount of impervious surface then becomes the proxy.
In response to Mr. Blakeman, Mr. Athey explained that the impervious surface
includes the rooftops, paving, driveways, parking lots, sheds, sidewalks and anything
that will not let water seep into the ground.
Mr. Neil questioned how wetlands affect stormwater. Responding, Mr. Athey
indicated that wetlands are more a receiver than a discharger of stormwater. The
desire is to seek to develop a proxy or surrogate for the amount of run-off leaving a
property. If a parcel is nothing but wetlands, very little runoff is leaving the
property. Mr. Athey noted that if five (5) acres of a 10-acre parcel are developed, it
would have much less run-off than a 10-acre parcel that is totally built out.
Mr. Neil commented that his community has 223 homes and a drainage ditch which
fills. He was unsure where the drainage ditch goes or how it affects the community.
Mr. Hare questioned if this would be similar to a rain tax and if more would be paid
when it rains more. Responding, Mr. Athey indicated that some people refer to it as
a rain tax. He explained that more would be paid if there was more runoff from a
property, which relates to being equitable. Mr. Athey stated that a lot of
municipalities and counties do not have a water and sewer fund, as the City of Dover
does, and these jurisdictions pay for stormwater out of their general or sewer funds.
For clarification, he advised that a 10-acre parking lot with one (1) office and one (1)
bathroom would contribute tons of runoff; however, if sewer revenues were used,
they would hardly be paying anything. He noted that a large facility with many
bathrooms and other production facilities would pay a different rate. Mr. Athey
Page 17
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 17
explained the desire was for the rate not to be based on the amount it rains but on the
amount of stormwater leaving a property.
Mr. Hare commented that if there was no rain for 12 months, there would be no
stormwater leaving his property. Responding, Mr. Athey pointed out that there
would still be permitting obligations, pipes that fail, and stream banks that are eroded
up to the point of the drought. He noted that any utility, whether water, sewer,
electric, or stormwater, needs a fairly steady level of investment to be properly
managed.
Responding to Mr. Lewis regarding how the fee paid by property owners would be
proportional to their impact on the systems, Mr. Athey referred to Slide 14. He
indicated that the amount of impervious cover on every parcel in Dover could be
measured, estimating that there were approximately 10,800 parcels in the City,
approximately 80% of which are single-family lots. Mr. Athey advised that it would
be administratively burdensome to measure the imperviousness on each of these lots,
noting that they only make up approximately 17% of the total imperviousness in the
City. He stated that it takes a lot of time and does not provide much additional
information. Conversely, he indicated that non-residential uses, such as commercial
lots and lots on the Route 13 corridor are predominantly larger lots with a lot of
imperviousness; therefore, it would be worth the time and effort to calculate the
square footage on each of those lots. Mr. Athey stated that what is commonly done
in single-family uses is to use tiers.
In reference to Slide 15, Mr. Athey explained that an Equivalent Runoff Unit (ERU)
was developed that is an average amount of imperviousness on smaller-zoned
parcels. A commercial facility that is 40 times that area would have 40 ERUs, and
this would address the equity issue.
Responding to Mr. Blakeman, Mr. Athey explained that the schematic on Slide 15
depicted a house, driveway, and a sidewalk. He stated that the surface area that water
will run off would be measured. Mr. Athey indicated that there are ratios,
development intents, and other ways to do this; however, he chose a more simplistic
route. He advised that purely the amount of imperviousness was considered, and the
amount of imperviousness does not change whether it is on a 10-acre or a one (1)
acre parcel.
Mr. Athey informed members that through a fairly time-consuming exercise, working
with Mrs. Ann Marie Townshend, Director of Planning and Community
Development, and the Public Works Department staff, a detailed analysis and GIS
mapping were developed to determine the amount of imperviousness on residential
parcels and then aggregated and averaged. Referring to Slide 16, he explained that
the RG-1, RG-2, RG-3, and RM-1 zoning districts had an average imperviousness
in the general area of 2,200 square feet. The RM-2, R-7, and R-8 zoning districts
averaged to 3,060 square feet or 1.4 ERUs. Larger lots in the R-10, R-15, and R-20
were approximately 4,850 square feet or over two (2) times the base ERU rate.
Page 18
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 18
Mr. Blakeman noted that there were would have been many parcels larger than 2,200
square feet and many smaller to reach an average of 2,200 feet. Mr. Athey stated that
parcel size fluctuated; however, there was a break where none were averaging until
close to the 3,000 square foot level, when the next zoning district began. He advised
that the idea was to balance administrative efficiency with equity, explaining that it
would be possible to continue to measure each parcel in the City; however, it would
be very time consuming. In addition, if someone were to put an addition on their
home in the future or do additional paving, it would be necessary to account for this
change, which would become an administrative burden in future years. Mr. Athey
noted that this would be a policy discussion.
Mr. Blakeman expressed concern about some of the smaller homeowners being
lumped into the group. In addition, he noted that owners of larger properties would
be penalized less than others. He indicated that he would like to get a feel for how
much inequity there would be in the process. Responding, Mr. Athey indicated that
they could obtain this information, reiterating that this would be a policy discussion.
He advised that some of the 1,500 or so stormwater utilities across the country
measure each and every lot and that there is no wrong answer.
Mr. Anderson asked if there was information regarding the median figures, where
half the properties would fall above and half below, to compare with the average
figures. In response, Mr. Athey stated that he did not have this information but this
could easily be done.
Referring to Slide 17, Mr. Athey pointed out that single-family residential lots, which
comprised approximately 80% of the total parcels, accounted for only 16% of the
overall land. He noted that most of the City is commercial land and that Dover Air
Force Base is huge. In reference to Slide 18, Mr. Athey advised that it is not
uncommon for tax-exempt entities to challenge a stormwater utility legally on the
basis that they are property tax exempt. He informed members that case law is pretty
consistently solid behind tax-exempt entities paying into the stormwater utility, just
as they may pay a water, sewer, or electric bill, assuming that all of the i’s are dotted
and all revenues received from the utility are being used for stormwater issues.
Mr. Athey indicated that for this study, in coordination with the City of Dover Public
Works and Planning staff, it was decided that Dover Air Force Base would be
considered an anomaly because the Base is truly a city in and of itself. He noted that
the Base has its own systems and maintenance people, even though it is a large
percentage of overall imperviousness in the City, and this would be a policy question.
Other than the Base, it was assumed that all of the square footage would have an
associated fee.
Ms. Arndt asked if tax exempt properties would pay into the stormwater fund.
Responding, Mr. Athey explained that this was also a policy question that the City
would have to address. His personal opinion was yes, and he advised that case law
in general supports this; however, this did not mean that every entity that has
stormwater utilities had not carved out some uses in public policy.
Page 19
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 19
In reference to Slide 19, Mr. Athey indicated that existing levels of service were
determined to set a benchmark. It was estimated that there were at least 27
employees that spend at least 80% of their time doing stormwater-related work, and
he believed that this cost was estimated at approximately $700,000. Mr. Athey stated
there were many vehicles and some capital projects, noting that the City had
discussed the Tar Ditch project for some time. Referring to Slide 20, Mr. Athey
noted that the Public Works staff maintains a number of stormwater-related
structures and facilities.
Referring to Slides 21 - 23, Mr. Athey stated that the permitting requirements were
not decreasing; therefore, additional expenditures were anticipated. He explained the
features of achieving the compliance and optimum levels of services. Mr. Athey
noted that the optimum level would include ongoing maintenance of privately-owned
stormwater management structures. He indicated that various other programs could
be put into place to have a more gold-plated program. This would include funding
for proposed future capital projects.
In reference to Slide 24, Preliminary Rates and Credits, Mr. Athey stressed that a lot
of assumptions were made and the data was not perfect. He reviewed the estimated
rates and credits for the existing program, compliance level of service, and optimum
level of service, stating that the compliance level of service included additional
expenditures to pay for various MS4-related programs. The optimum level would
include the capital program needs and had a significantly higher rate. Mr. Athey
stated that many facilities have stormwater structures on site, such as ponds and more
modern controls such as bioswales. He stated that the argument is often made that
if a property has some sort of stormwater control or if a subdivision has all the lots
drained to a stormwater control, they should receive some sort of credit, and this
should also apply to commercial properties. Mr. Athey advised that a policy decision
would have to be made in this regard. He noted that a 33% credit was assumed and
that there are many different ways to assign credits; however, in the interest of
feasibility, it was decided to keep this fairly simple.
In regard to Slide 25, Mr. Athey indicated that a number of policy questions would
need to be raised, such as the exemption for Dover Air Force Base. He noted that an
impervious cover cap was set at two (2) million square feet. Mr. Athey advised that
only nine (9) or ten (10) properties in Dover were larger than this size. He stated that
the racetrack, which is in two (2) parcels, fits into that category, which would
artificially lower their fee, and whether or how this would be handled would be a
policy question. Mr. Athey had also assumed certain escalation rates for all the
City’s expenditures. He reiterated that the mapping was not perfect, noting if there
were a second phase to this, there would need to be a little more specificity.
Mr. Athey informed members that Dover is fairly complicated from a planning
standpoint in that single-family uses are allowed in multi-family districts and, to
some degree, vice versa. Certain assumptions were made regarding how many
single-family uses were in multi-family zones, which he had termed a “filter.”
Mr. Athey stated that this was a little arbitrary, but he felt it was fairly close. If a
Page 20
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 20
point was reached where a defendable fee was needed, he felt this would have to be
looked at more closely.
In regard to Slide 26, Mr. Athey indicated that the fee structure would relate to the
ERUs, the type of use, and then various credits. Referring to Slide 27, Fee Examples
- Single-Family Residential Lot, Mr. Athey explained that the tier rate for Tier 1
would be the same as the base rate because this is the base. If there were a credit for
a stormwater control, it would be 33% of the fee. He noted that, in this case, if the
compliance level rate was $3.25 per ERU, with the credit the rate would be reduced
to approximately $2.17. Mr. Athey reviewed the fee examples for Tier 2 and Tier 3
properties on Slides 28 and 29.
Ms. Arndt noted that there may be a large house, with more impervious surface, on
a large lot, with more pervious surface for the water to run off and dissipate and,
therefore, less stormwater issues for the City. Referring to the examples, she felt that
a larger house with a larger lot should be paying less than a larger home on a small
lot since there would be more runoff. Responding, Mr. Athey stated that some places
enact a development intensity factor or ratio to reflect this point. He noted that 5,000
square feet of imperviousness on a one (1) acre lot would have more runoff than on
a 10-acre lot. Mr. Athey indicated that this is a policy question, noting that it would
be more complicated and difficult to explain but is doable, and some people do it.
He reiterated that, in the interest of a feasibility study, it was chosen to keep it fairly
simple.
Ms. Arndt suggested looking at the possibility of having a credit if the impervious
surface was 5% or 10% of the lot to account for the runoff on the property. In
response, Mr. Athey advised that a previous client had asked them to consider soil
types, which is another complicating factor.
Mr. Athey reviewed Slide 30, Fee Examples - Commercial, explaining the credits for
stormwater controls.
Mr. Blakeman stated that pervious concrete had been developed in response to the
problems in New Orleans. He explained that water percolates down through
pervious concrete, and since it is not runoff, owners do not have to pay.
Mayor Christiansen expressed his opinion that, if this system is implemented, funds
should be specifically dedicated to infrastructure, where it was supposed to go, rather
than to other General Fund issues, and that doing anything else would be totally
unconscionable. He stated that he had seen what had been done with transfer taxes
and other things that were supposed to be dedicated to specific budget items that
suddenly became part and parcel of the General Fund or other issues that they
were not dedicated to. Noting that he does not have a vote in this matter,
Mayor Christiansen insisted that the money be lockboxed from Council
spending for anything other than a deemed emergency. Mr. Athey agreed with
Page 21
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 21
Mayor Christiansen, noting that the City could open itself up to legal challenges by
not doing this.
Mr. Lewis felt the question was whether this system was needed. Mr. Athey
responded that that would be a budget discussion. He indicated that, in working with
Public Works and the Planning Departments, expenditures of approximately $1.3M
or $1.4M per year had been identified, stating that he could get the exact number.
Mr. Athey advised that compliance for MS4 would add a couple hundred thousand
dollars to this. In addition, he was unsure how capital projects estimated at several
million dollars would be paid for.
Mr. Anderson stated that much of this was now being paid by the Wastewater Fund
and questioned if this fund would be lowered, if funds would credited to people, or
if people would be double charged. Responding, Mr. Koenig advised that existing
expenses are General Fund expenses and not Water or Wastewater Fund expenses.
He indicated that the requirements were for the City to get to a compliance level of
expenditures, whether through the General Fund or an alternative financing
mechanism. The stormwater utility would be an alternative funding mechanism that
would lay out financing for a public improvement among all contributing properties.
Mr. Koenig stated that there would not be cutouts for properties, noting that the
equity issue would have to be addressed. Mr. Koenig indicated that if the City does
not identify alternative funding mechanisms, there would be a need to look at general
obligation bond debt for large projects, such as the Tar Ditch, or the tax rate. He
explained that the general obligation bond rate and General Fund expenses related
to MS4 would be paid off by tax revenues or some other fee that is feeding the
General Fund. Mr. Koenig stated that this alternative financing mechanism could be
called a rain tax, a development tax, or a number of things, but its purpose would be
to obtain equity in addressing an infrastructure issue that everyone has in common.
Mr. Koenig did not believe that the fees mentioned, such as $5 a month or $7 per
residential house were unreasonable to address infrastructure; however, he noted that
the fees in regard to large commercial or industrial properties get very high. He
advised members that the message being proposed was not that it was being proposed
to hit Dover Downs with a rain tax of an unidentified number of thousands of dollars,
it was whether members were interested in alternative financing solutions that were
being used in some areas of the country, or if they wish to determine that these are
General Fund issues and that the City must accommodate bond issues or additional
tax increases as the financing mechanism.
Mr. Anderson questioned why this would necessarily be a General Fund issue as
opposed to a Water/Wastewater issue when it comes to infrastructure like the Tar
Ditch. Responding, Mr. Koenig advised that expenses of the water/wastewater utility
are all dedicated to a specific, recognized enterprise utility with a certificate to serve.
He noted that this matter is a little different in that it is very difficult to get an
accurate measurement; therefore a measurement must be estimated. Mr. Koenig
stated that the amount of water used by a water utility customer is based on how their
faucet is turned on, is very definable, and is read and billed every month; however,
Page 22
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 22
stormwater utility billing is based on estimates. He noted that rainfall is not
homogeneous across the City, and the calculations made to obtain the estimated
impervious area, unless done parcel by parcel, are estimated or averaged. There is
a certain margin of inequity that people can claim, depending on the public policy
decisions that are made, and the City would have to be able to defend this. He
indicated that assigning ERUs to zoning categories is defendable by running through
the calculations.
In regard to stormwater designs and controls, Mr. Koenig advised that the question
becomes how detailed a stormwater utility is desired and whether it should include
grass mowing around stormwater ponds, or if this would still be a General Fund
expense. He questioned if it would get into the public outreach costs, or if the utility
would only be related to the capital infrastructure engineering and construction.
Mr. Koenig stated that this would depend upon how much weight is desired to put
on the stormwater utility to carry the burden of all of the MS4 permitting and the
infrastructure that is associated with the handling of stormwater. Mr. Koenig noted
that when it is not raining, there are no problems with stormwater, but when it starts
raining, there are flooding problems, and undersized pipe, so future financing
mechanisms will be needed for the major costs to resolve these problems.
Mr. Anderson questioned if a reduction in property taxes would be proposed if the
stormwater utility were implemented, since items would be pulled from the General
Fund. Responding, Mr. Koenig advised that although the current presentation did not
address this, he felt that there should be some equalization. If $1M in expenses was
pulled from the General Fund, he felt it would seem reasonable to reduce the General
Fund burden by $1M and the tax rate could be recalculated, everything else being
equal.
Mr. Neil questioned how Kent County Conservation District fits into this. In
response, Mr. Koenig indicated that when a development comes in, development
application fees are paid to the Conservation District related to design, review, and
construction. If the utility were created, he felt there would be less burden on the
Conservation District in the long run because the City would have a better
mechanism to control maintenance on stormwater management facilities.
Mr. Koenig stated that currently if a homeowners’ association has a pond that they
are not maintaining, there is a routing through the Conservation District. If this
utility were created, he assumed that additional legal authority would be given to the
City to compel those types of maintenance to be done very quickly by the
homeowners’ association, or the City would be able to step in under the utility and
create those improvements. Mr. Koenig informed members that Council had
approved resolutions for several subdivisions that had entered into the Kent County
maintenance district. The City put a caveat in those resolutions saying that the City
had no objections to those subdivisions entering into the County maintenance district
if they chose to. If the City creates a stormwater utility, Mr. Koenig believed that the
City would want to ensure that those properties revert out of the County district and
into the City’s utility so that everyone is on the same footing. Mr. Koenig advised
Page 23
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 23
that as the City gets bigger and has a utility 15-30 years down the road, the City
would be on better footing if it had its own approval process. The City would
assume the Conservation District duties of being able to review plans, etc.
Mr. Koenig stated that downtown redevelopment is very difficult for the City because
there is no way to trade stormwater, and stormwater created on one (1) property
cannot be moved to another property for treatment. He indicated that utility planning
tends to encourage regional or multi-property addressing of stormwater management
because there is an umbrella government entity that can help facilitate this issue.
Mr. Koenig noted that a couple of developments in the area were sharing ponds, and
this seemed to be working. It was unknown what would happen in the future if
parties cannot agree on what needs to be done. He advised that if the utility were
created, there is potential that the City, at some point, would want to take over the
types of functions currently performed by the Conservation District. Mr. Koenig
advised that the City is in partnership with the Conservation District, which is part
of the City’s MS4 permit, so there is no intent to do this immediately, since it would
be necessary for the City to add staff. If the utility were set up, Council could make
a better argument to the State saying that the City would like to control its own
destiny with development and hire staff to address those issues. Without the utility,
Mr. Koenig did not believe the City would have a very strong case to become a
delegated agency at the State because of the way the system currently works. He
advised that the utility was not being proposed under any circumstances so that the
City can become a delegated agency, but this is something that could happen in the
future if the circumstances are correct.
Mr. Hutchison asked if Mr. Athey had looked at the stormwater utilities in Lewes and
Wilmington. Responding, Mr. Athey explained that he had helped to set up the
utility in Lewes. He was not as familiar with Wilmington’s utility, which was
enacted 10 years ago; however, he noted that Wilmington has a combined sewer,
with sanitary and stormwater in the same line, and has enormous permitting problems
that they must address. Mr. Athey advised that Lewes had kept their rate low. He did
not believe they were funding capital projects from it but that it was purely for
operational recovery. Mr. Hutchison asked Mr. Athey to go to Wilmington to look
at this specifically. He noted that the City of Dover has a larger land mass than the
City of Wilmington, and he felt it would be interesting to look at their project, the
cost, and how it has impacted them and return with a recommendation. Mr. Athey
stated that he could do this; however, he felt it would be an apples and oranges
comparison because Wilmington spent tens of millions of dollars on an enormous
storage tunnel to store their combined sewage. He noted that Dover does not have
those issues to deal with. Mr. Athey indicated that he would be more than happy to
develop a summary of some of the things that Wilmington was doing.
Mr. Blakeman stated that the City of Dover owns the streets and questioned if the
City would be charged a fee for stormwater control. Mr. Athey explained that this
had been debated, noting that the Delaware Department of Transportation (DelDOT)
owns some of streets as well. He stated that enacting a fee for DelDOT would not
Page 24
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 24
be easy to do and noted that DelDOT maintains a lot of their storm drainage
infrastructure. Mr. Athey indicated that everyone was not on the same page as far as
who should be maintaining what. In regard to City streets, he indicated that this
would involve one (1) department writing a check to another and felt that this did not
seem worth it.
Ms. Arndt noted that a survey of residents had been referenced earlier in the
presentation and questioned how many residents were surveyed and what their
responses were. Responding, Mr. Athey indicated that the EFC did this survey,
stating his belief that there were approximately 70 - 80 responses and a summary was
compiled. He offered to make this available.
Mr. Hare moved for acceptance of the Council Committee of the Whole Report. The motion
was seconded by Mr. Sudler and unanimously carried.
QUARTERLY REVENUE REPORT (PRELIMINARY-UNAUDITED)
Members were provided the Quarterly Revenue Report (Preliminary-Unaudited) as of June 30, 2016.
Staff recommended acceptance of the report.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report
(Preliminary-Unaudited) as of June 30, 2016. The motion was seconded by Mr. Hosfelt and
carried by a unanimous roll call vote.
COUNCIL APPOINTMENT - COMPENSATION COMMISSION - JEAN TAYLOR -
TWO (2) YEAR TERM TO EXPIRE MAY 14, 2018 (Deferred during the Annual Meeting of
May 9, 2016)
Councilman Hare recommended the appointment of Mrs. Jean Taylor to serve on the Compensation
Commission for a two-year term to expire May 14, 2018, to fill the expired term of Louise Webb.
By consent agenda, Mr. Neil moved for approval of the appointment of Mrs. Taylor, as
recommended by Councilman Hare. The motion was seconded by Mr. Hosfelt and carried by
a unanimous roll call vote.
APPOINTMENTS/REAPPOINTMENTS - RECOMMENDED BY MAYOR CHRISTIANSEN
- HISTORIC DISTRICT COMMISSION - THREE (3) YEAR TERMS TO EXPIRE
JULY 26, 2019
Mayor Christiansen requested the following appointments/reappointments to the Historic District
Commission for three-year terms to expire July 26, 2019:
Eric S. Czerwinski, Professional (To fill the expired term of Charles A. Salkin)
Richard Scrafford, Professional
By consent agenda, Mr. Neil moved for approval of the appointments/reappointments to the
Historic District Commission, as recommended by Mayor Christiansen, seconded by
Mr. Hosfelt and carried by a unanimous roll call vote.
Page 25
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 25
FIRST READING - PROPOSED ORDINANCE #2016-18
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City’s website at www.cityofdover.com under
“Government,” or by contacting the City Clerk’s Office at 736-7008 or cityclerk@dover.de.us.
Since the ordinance amends the Zoning Code, a public hearing is required. Staff recommended
referral of the amendment to the Planning Commission on August 15, 2016 and that a public hearing
be set for September 12, 2016 at 7:30 p.m., at which time final action by Council will take place.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, informed members
that this is a Council-sponsored ordinance that would amend the Corridor Overlay Zone, which
includes properties along Route 8, west of the railroad tracks, as well as properties on Saulsbury and
McKee Roads. She stated that currently no building can exceed 35 feet, or two (2) stories within
those areas. Mrs. Townshend explained that the proposed amendment would keep the 35-foot,
two-story restriction for the first 100 feet from the property line, and then allow for the zoning
district height to be applied beyond the first 100 feet. This will keep the buildings lower closer to
the road, but allow for height beyond 100 feet from the property line.
Mr. Hare moved to refer the amendments and set a public hearing before City Council for
September 12, 2016 at 7:30 p.m., as recommended by staff. The motion was seconded by
Mr. Neil and carried with Mr. Lewis voting no.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
PROPOSED ORDINANCE #2016-18 AMENDING APPENDIX B - ZONING, ARTICLE 3 -
DISTRICT REGULATIONS, SECTION 27 - CORRIDOR OVERLAY ZONE 1 (COZ-1),
SUBSECTION 27.66 - BUILDING HEIGHT
(Parks, Recreation, and Community Enhancement Committee)
UPDATE ON PROPERTY TAX BILLING ISSUE
Mr. Anderson informed members that he had received some complaints regarding the 30-day notice
that traditionally happens for tax billing. He reminded members that some of the bills for the
property taxes went out later than normal because of problems with some of the multi-unit taxes.
Mr. Anderson explained that, now that people are receiving their tax bills, he has received
complaints that they need the 30 days, particularly since the taxes are a little bit higher. He stated
that these individuals want a month to adjust, rather than receiving the bill and having a couple of
weeks to pay it while other people have received their bills and with proper notice. Mr. Anderson
indicated that the mortgage companies and big banks had plenty of notice; however, a few thousand
people were being overlooked. He requested that the City provide a couple weeks’ extension for the
people who received their bills late, so that they would have the same fairness as everyone else.
Mr. Anderson moved that the people who received their property tax bills late receive 30 days to pay
their property taxes, seconded by Mr. Sudler.
Page 26
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 26
Responding to Mr. Hare, Mr. Anderson clarified that these individuals would have 30 days from the
date they received their bill, explaining that instead of their bills being due August 1, 2016, they
would be due August 15, 2016.
Mrs. Cheryl Bundek, City Assessor, advised that staff was currently aware of approximately
159 properties that were affected and asked if it would be possible to do this on a case-by-case basis
as individuals call or come in. She explained that she could not just pick and choose which
properties to provide the 30-day extension to, noting that some of them had paid. Mrs. Bundek
stated that staff would be able to keep track much easier if they are able to take care of this as
individuals call or come in and explain that they had a multiple billing issue. In response,
Mr. Anderson stated that there is definitely a list of people who received their bills late. He indicated
that some of these individuals will pay because it is not an issue, and for those who are late, staff
would know when they come in late.
Mr. Slavin asked what the effect on the City’s cash flow would be if Council were to provide a
30-day extension to all tax payers. Responding, Mrs. Donna Mitchell, Controller/Treasurer, believed
that the City’s cash flow would be okay with an extension to August 15, 2016, since it would only
be two (2) weeks. Mr. Slavin asked what the effect would be if Council provided an extension to
allow all tax bills to be due by August 31, 2016. In response, Mrs. Mitchell stated that the City’s
cash flow would be okay, explaining that staff might have to do a temporary advance from the
Electric Fund for a couple of weeks, which is occasionally done when there is low cash flow. She
noted that this would be the worst-case scenario, as she believed the General Fund would still be
okay.
Responding to Mr. Slavin, Mrs. Mitchell confirmed that approximately 93% of the taxpayers pay
within the first 30 days. She explained that the budget balance of approximately 8% equates to
one (1) month, which provides the cash flow needed to make it through until property taxes are
received.
Mr. Slavin asked if Mr. Anderson and Mr. Sudler would consider withdrawing the current motion
and introducing a motion to simply extend the tax deadline to August 31, 2016 for all taxpayers.
Mr. Anderson noted that the banks are going to pay since this is already in the process.
The motion that the people who received their property tax bills late receive 30 days to pay their
property taxes was withdrawn.
Mr. Anderson moved to extend the tax collection deadline to August 31, 2016 for all taxpayers.
The motion was seconded by Mr. Sudler and carried by a unanimous roll call vote.
CITY MANAGER’S ANNOUNCEMENTS
Mr. Scott Koenig, City Manager, stated that, with the extreme heat being experienced recently, the
electric and water systems are under heavy demands. He thought that both systems had performed
very well and expected that to continue.
Page 27
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 27
Mr. Koenig stated that his thoughts were with the numerous City employees, across all departments,
who are out in the heat. He indicated that, the last time he checked the weather forecast, at least
another 15 days of heat was expected. Mr. Koenig thanked staff for their efforts to run the utility
systems and to continue to provide service in the significant heat that the City is experiencing.
Mr. Slavin noted that it occurred to him, as he came in this evening, that if the City were in the
middle of a snow storm or about to have a snow storm, dire warnings would be sent out regarding
the severe weather. He explained that this is just as serious but a much different version of severe
weather, and it is one that requires us to carry on. Mr. Slavin stated that Council would keep in mind
all of the workers that are outside during this time.
COUNCIL MEMBERS’ ANNOUNCEMENTS
Mr. Slavin extended early wishes for a happy birthday to Councilman Anderson, whose birthday is
July 29th.
Mr. Hare stated that he attended the Fourth District Empowerment Barbecue Fair, hosted by
Councilman Sudler at Mishoe Park on July 16, 2016. He noted that it was well attended and
complimented Councilman Sudler’s ribs.
Mr. Sudler announced that Mt. Zion AME Church, located on Queen and Fulton Streets, would be
hosting its Annual Back to School and Community Fair on Saturday, August 13, 2016 from
11:00 a.m. until 2:00 p.m. He stated that Dr. Wilma Mishoe of Mt. Zion AME Church had invited
the Mayor and members of Council to participate in the event by serving as celebrity chefs, helping
to cook and serve their constituents hot dogs and hamburgers.
Mr. Sudler thanked Councilmen Hare and Hutchison, State Representative Sean Lynn, Kent County
Commissioner Brad Eaby, Mr. Greg Fuller, and all of the individuals who participated in his Fourth
District Empowerment Barbecue Fair for coming out and making the event such a nice gathering.
Mr. Anderson stated that citizens had made inquiries regarding ShotSpotter and reminded everyone
that Viability of the ShotSpotter Gunshot Detection and Location Service was scheduled for
discussion during the Council Committee of the Whole/Safety Advisory and Transportation
Committee scheduled for tomorrow evening, Tuesday, July 26, 2016 at 6:00 p.m. He invited the
public to attend the meeting to gain an understanding of this service and how it may or may not fit
in with Dover at this time.
Mr. Anderson announced that he would be celebrating his 19th wedding anniversary on July 26, 2016
and thanked his wife for 19 great years.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 8:08 p.m.
TRACI A. McDOWELL
CITY CLERK
Page 28
CITY COUNCIL MEETING OF JULY 25, 2016 PAGE 28
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 25, 2016, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2016\07-25-2016 CORRECTED.wpd
Exhibits
Exhibit #1 - Presentation - “Dover Comic Con 2016”
Page 29
EXHIBIT #1
City Council Meeting of 07/25/2016
Page 30
One of our goals as a library is
to provide our patrons with an
experience that extends beyond
the traditional expectations of a
library.
Page 31
Dover Comic Con Growth
2014-2016
12000
70 10000
60
8000
50
40 6000
30 4000
20 2000
10
0
0
2014 2015 2016
Artists Vendors Panels Food Trucks (Projected)
2014 2015 2016 Expected Attendance Actual Attendance
Page 32
Other Comic Conventions
Attendance per Day
Dover Comic Con 2016 (Projected)
Baltimore Comic Con
Otakon
Awesome Con
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000
Attendance per Day
Page 33
Other Dover Events
Attendance per Day
Dover Comic Con 2016 (Projected)
Big Barrel Country Music Festival 2015
Firefly Music Festival2012
Dover Days 2016
0 4,000 8,000 12,000 16,000 20,000
Attendance per Day
Page 34
The above video is a Public Service Announcement prepared by WBOC