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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 24, 2015 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Hosfelt, Mr. Hare, and Mr. Hutchison.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend, Fire Chief
Hall, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen 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 Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Ms. Janetta Guinn, 749 Slaughter Street, stated that her water meter is sitting in her driveway and
it is hard for her to get her cars back and forth. She indicated that if they park in the driveway they
risk having the landlord tow their cars, and if they park on the street they risk the Dover Police
towing the cars.
Responding to Ms. Guinn, Council President Slavin stated that they noted the situation with
Ms. Guinn’s driveway and the possible need for sidewalks in that area during their recent
walkthrough. Mr. Slavin suggested that she speak with Mrs. Ann Marie Townsend, Director of
Planning and Community Development, after the meeting.
Mr. Tyrone Ratu, a Dover citizen, stated that he thought the Open Forum should be televised for the
public so that everybody can see what is going on. He indicated that he would be protesting in front
of City Hall if it is not televised.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Mr. Lewis requested that item #5A - Parks, Recreation, and Community Enhancement Committee
Report - August 10, 2015 - Exception Request to Allocate Down Payment Assistance Outside of the
Downtown Development District Target Area, be removed from the Consent Agenda.
Mr. Anderson requested that item #8 - Discharging the Ad Hoc Financial and Operational Advisory
Committee, be removed from the Consent Agenda.
Mr. Neil moved for approval of the Consent Agenda, as amended, seconded by Mr. Cole and
carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 2
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETINGS - BUDGET REVIEW OF
MAY 27-28 AND JUNE 1-3, 2015
The Minutes of the Special Council Meetings - Budget Review of May 27-28 and June 1-3, 2015
were unanimously approved by motion of Mr. Neil, seconded by Mr. Cole and bore the written
approval of Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 10, 2015
The Minutes of the Regular Council Meeting of August 10, 2015 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Cole and bore the written approval of
Mayor Christiansen.
PRESENTATION BY THE KIWANIS CLUB TO THE GREATER DOVER BOYS AND
GIRLS CLUB
Mr. Allan Kujala, Past President of the Kiwanis Club of Dover, presented Mr. Darrell Tingle,
Director of Business Development for the Boys and Girls Club, with a check representing the final
payment toward a $25,000 donation for construction of the new Boys and Girls Club facility.
Mr. Kujala stated that this is a worthwhile project that will greatly benefit the children of the Dover
community for many years to come. He challenged other service clubs to meet the Kiwanis
commitment to improve the world one child and one community at a time.
Mr. Kujala stated that the Kiwanis Club of Dover is proud to support numerous, meaningful projects
that benefit their community, noting that several years ago they donated $10,000 toward the
construction of the Dover Public Library, the largest such contribution by any service club located
here in the state capital.
Mr. Tingle thanked the Kiwanis Club and all those who have pitched in to make this facility a reality.
He noted that this is going to make a big difference in the lives of the children in this community by
giving them another place to go, grow, learn, and have fun.
PROCLAMATION - NATIONAL PREPAREDNESS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, National Preparedness Month creates an important opportunity for City of Dover
residents to prepare their homes, businesses, and their communities for potential natural disasters
or terrorist attacks; and
WHEREAS, investing in emergency preparedness can reduce injuries, fatalities, and economic
devastation in our community and nation; and
WHEREAS, the Federal Emergency Management Agency's "Ready" Campaign, Citizen Corps, and
other federal, state, local, private, and volunteer agencies are working to increase public activities
to prepare for emergencies and to educate individuals on how to take action; and
WHEREAS, the Ready Campaign established four universal building blocks of emergency
preparedness, Be Informed, Make a Plan, Build a Kit and Get Involved with the 2015 National
Preparedness Month Theme being “Don't Wait. Communicate. Make your emergency plan today”;
and
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 3
WHEREAS, emergency preparedness is the responsibility of every citizen of the City of Dover and
all citizens are urged to make preparedness a priority and work together, as a team, to ensure that
individuals, families, and communities are prepared for disasters and emergencies of any type, and
are encouraged to participate in preparedness activities and to be proactive in establishing sound
plans for addressing emergencies.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim the month of September 2015 as NATIONAL PREPAREDNESS
MONTH in the City of Dover, and encourage all citizens, businesses, and organizations to develop
their own emergency plan and work together toward creating a more prepared society.
MAYOR ROBIN R. CHRISTIANSEN'S VETO OF THE MOTION ADOPTED BY
CITY COUNCIL ON JULY 27, 2015 - TO AFFIRM CITY COUNCIL'S DECISION OF
MARCH 23, 2015, TO MOVE THE ECONOMIC DEVELOPMENT OFFICE UNDER THE
CITY MANAGER, WITH THE UNDERSTANDING THAT THIS MATTER WILL BE
REVISITED IN SEPTEMBER, WHICH COULD LEAD TO A DIFFERENT ACTION
Council President Slavin reminded members that, during the Regular Council meeting of
August 10, 2015, based on Deputy City Solicitor Pepper's legal opinion that Mayor Christiansen’s
veto notice was not provided within seven (7) days of the March 23, 2015 Council action and,
therefore, had no bearing, City Council unanimously accepted Deputy City Solicitor Pepper's
recommendation regarding the veto. He advised that, subsequently, Mr. Pepper provided a revised
legal opinion stating that, because City Council adopted the Fiscal Year 2016 Annual Operating
Budget, including the Mayor's Fiscal Year 2016 organizational chart showing the Police Department
and Economic Development Office under the Mayor, the March 23, 2015 motion to move
departments under the City Manager, as far as the Economic Development Office is concerned, was
reversed. Mr. Slavin noted that the effect of the July 27, 2015 motion affirming City Council's
decision of March 23, 2015 to move the Economic Development Office under the City Manager was
to revise the Mayor's organizational chart in the FY 2016 budget. Since the Mayor vetoed that
motion within the time required by the Charter, the Economic Development Office will remain under
the Mayor pursuant to the Mayor’s Fiscal Year 2016 Organizational Chart unless and until Council
overrides the veto.
Mr. Hare suggested that, with everything that is going on in the city, they should just leave things
as they are and let the Mayor be in charge of Economic Development and the Police Department,
just like it was before this discussion started. He felt that there were more important things to deal
with than worrying about who is going to report to whom and starting all these inner battles.
Mr. Hare moved to reset the form of government to what existed on March 8, 2015 with the
Police Department and the Economic Development Office reporting to the Mayor and the City
Manager, Controller/Treasurer, City Planner, City Assessor, and City Clerk reporting to
Council. All other departments will report to the City Manager. The motion was seconded
by Mr. Lewis and carried by a unanimous roll call vote.
Mr. Hare moved to cancel the Special Meeting scheduled for September 16, 2015 to discuss the issue
of Form of Government and Reporting Structure. After a brief discussion resulting in a consensus
of Council that their constituents should be included in the discussion, Mr. Hare withdrew his
motion.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 4
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
AUGUST 10, 2015
The Parks, Recreation, and Community Enhancement Committee met on August 10, 2015
with Chairman Anderson presiding.
Exception Request to Allocate Down Payment Assistance Outside of the
Downtown Development District Target Area
During the Parks, Recreation, and Community Enhancement meeting of
March 9, 2015, members considered the Review/Scoring of Community
Development Block Grant (CDBG) Applications. Members recommended awarding
$60,000 of the City’s CDBG grant allocation for public service activities to the City
of Dover Homeownership Assistance Program and that priority be given to the
Downtown Redevelopment Target Area as designated in the Dover Code until
January 2016, with funding to be re-evaluated at that time to see if there are funds left
over for the remainder of the City. The Committee’s recommendation was approved
by City Council during their Regular Meeting of March 23, 2015.
Mrs. Tracey Harvey, Planner I, stated that staff was requesting an exception to the
Committee’s recommendation to allow $20,000 of the approved funding for the City
of Dover homeownership program to be reallocated to a first time homebuyer who
was experiencing a hardship and was currently under contract to purchase a home
outside of the Downtown Development District (DDD) Target Area. She explained
that without the funding, this individual’s contract would be canceled and she would
not be eligible to purchase a home for at least 10 years. Mrs. Harvey advised
members that Ms. Tomeka Crawford, the housing counselor for this client, was
present to speak on this individual’s behalf.
Staff recommended allocating $20,000 in down payment assistance outside of the
DDD Target Area to a client experiencing a hardship.
Responding to Mr. Hutchison, Mrs. Ann Marie Townshend, Director of Planning and
Community Development, stated that the request had not been reviewed by the City
Manager.
In response to Mr. Hutchison, Mrs. Harvey stated that the request was supported by
staff.
Responding to Mr. Anderson, Mrs. Harvey stated that the home being purchased was
a townhouse located behind the Redner’s Warehouse Market on Route 8 in Dover,
and if this $20,000 allocation were approved, $40,000 in funding would remain in
the homeownership program for FY 2016. She stated that $60,000 had been
allocated for the entire year.
In response to Mr. Anderson regarding pending applications, Mrs. Harvey stated that
there was one (1) application pending for the downtown area.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 5
Mr. Caldwell questioned the reason for this special case outside the DDD area.
Responding, Mrs. Harvey stated that Ms. Crawford could better explain the hardship
of the client.
In response to Mr. Hosfelt’s request for clarification regarding the CDBG program,
Mrs. Harvey explained that CDBG funds are typically used City-wide, but because
of the City’s DDD designation, the Parks, Recreation, and Community Enhancement
Committee chose to allocate all of the funding for the City’s homeownership
program for the downtown area.
Mr. Hosfelt questioned if a request of this nature would be an unusual use for this
money if the property were located in the downtown area, and Mrs. Harvey indicated
that it would not be.
Mr. Hutchison requested Mr. Scott Koenig, City Manager, to comment on this item.
Responding, Mr. Koenig explained that it was a goal across the City to promote
homeownership in general. Although these CDBG funds were intended to focus on
the DDD as the target area, he had no objection to staff coming to Council to expand
beyond the DDD since this would go toward the overall goal of the City. Mr. Koenig
noted that he did not have the benefit of knowing the location of the subject property.
Ms. Tomeka Crawford, Homeownership Specialist, National Council on Agricultural
Life and Labor Research Fund, Inc. (NCALL), 363 Saulsbury Road, explained that
this client had approached her nearly a year ago wanting to purchase a home in
Dover. She indicated that her client works and lives in the City and would like to
remain in the City by using the City of Dover down payment and settlement
assistance program. Ms. Crawford stated that this individual had worked very hard
to become mortgage ready by selling a mobile home that was sub-standard and no
longer meeting her family’s needs, paying off debt, improving her credit score, and
saving money. At the point of becoming mortgage ready, the underwriting guidelines
changed, which made it impossible for the client to buy without using the City of
Dover program. If unable to use the $20,000 down payment and settlement
assistance program, this client would have to look at a much longer term of over 10
years to purchase a home. Ms. Crawford requested members to visualize having a
ready-to-move-in dream home and having that dream disappear all at once. She
stated that this is what would happen if this client were not approved for the CDBG
funds.
Ms. Crawford explained that she was present as a voice of the client who was not
present to represent herself. She advised members that she worked with this client
and saw the hardship, challenges, and the dream in front of her, noting that this
dream was almost to the point of disappearing. She requested approval for the client
to utilize the City of Dover program, which would allow her to move into the home
by September 15, 2015.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 6
Mr. Caldwell indicated that he was 100% in support of helping the client but
questioned if providing assistance for the purchase outside of the designated area
would set a precedent for the City in the future whenever someone has a hardship and
cannot buy a home. Responding, Mrs. Harvey reminded members that the
Committee had agreed to revisit the allocation of funds if all of the funds were not
expended in the target area by January 2016, and to determine then if funds would
be used City-wide. She noted that the City’s CDBG program was normally a
City-wide program and had not targeted the downtown area previously.
Mayor Christiansen reiterated that this program had always been a City-wide
program and was made site-specific when the City was designated as a DDD to
strengthen that program. He advised members that the City had partnered with
NCALL in revitalizing downtown Dover and the Restoring Central Dover initiative.
It was Mayor Christiansen’s belief that NCALL, a partner in good faith with the City,
would not have stepped forward and asked for this exception if they were not in
support of assisting this client in becoming a homeowner in Dover. He stated that
the opportunity to make someone a homeowner is a great opportunity for the City,
noting that this could be used as an advertisement for people considering moving to
the City. He stated that NCALL’s presence helps strengthen the City’s commitment
to restoring homeownership in the City.
Responding to Mr. Hosfelt as to whether the funds would be recouped by the City,
Mrs. Harvey explained that the funds would be a forgivable grant and the City would
only recoup these funds if the homeowner chooses to buy, sell, or rent the property
within 10 years.
In response to Mr. Anderson, Mrs. Harvey stated that if the recipient homeowner
buys, sells, or rents the property, they will be required to pay back a percentage of the
loan on a sliding scale, based on the type of loan and the length of the loan.
Mr. Anderson explained that the City’s homeownership program is funded out of the
CDBG program to help with the City’s goals related to low-income housing. He
stated that this is federal money and the City determines where it is spent within the
federal government’s guidelines.
Mrs. Crawford stated that she was committed to the downtown Dover initiative and
that she had another client who was in a position to purchase a home in the target
area and would be taking advantage of the funding available through the City’s
CDBG program as well.
Ms. Denise Freeman, Housing Counseling Director, NCALL, explained that NCALL
had long been a supporter of City of Dover initiatives and a huge supporter of the
City’s homeownership program. She stated that NCALL was fully committed to the
Restoring Central Dover initiative. Ms. Freeman explained that NCALL had
participated in many related events in Dover, including workshops with Central
Delaware Habitat for Humanity, Inc. She noted that events had been scheduled or
held at locations such as Bibleway Temple Church of God in Christ, Solid Rock
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Baptist Church, and Holy Trinity Church. Ms. Freeman stated that NCALL was also
fully committed to providing assistance to help families purchase homes, particularly
first-time home buyers. She explained that this particular client had remained
committed to becoming a home buyer. Ms. Freeman stated her pleasure that
Ms. Crawford was serving as housing counselor for this client, noting that
Ms. Crawford was passionate about wanting this family to succeed.
Responding to Mr. Anderson as to when the client entered the program,
Ms. Crawford explained that this occurred in June of 2014 and confirmed that the
criteria for the mortgage process had changed since that time.
Members were made aware that the loan officer working with the client had provided
a confidential letter outlining the client’s hardship.
The Committee recommended approval of staff’s recommendation to allocate
$20,000 in down payment assistance outside of the Downtown Development District
(DDD) Target Area to a client experiencing a hardship.
During the Council meeting, Mr. Anderson, Chair of the Parks, Recreation, and Community
Enhancement Committee, advised that the Committee recently recommended focusing the
Community Development Block Grant funds on the Downtown Development District where the first
priority would be for housing within the district. He noted that the Committee felt it would be better
to allow this exception rather than have the applicant lose their mortgage.
Mr. Lewis expressed concern that the grant money was specifically allocated for the Downtown
Development District targeted area and he felt it should be utilized for that. Responding,
Mr. Anderson stated that the Community Development Block Grant funds are actually available to
eligible residents citywide; however, the Committee wanted to ensure that the money was prioritized
so that most of it went into the Downtown Development District.
Mrs. Ann Marie Townsend, Director of Planning and Community Development, advised that,
because of the efforts with the Downtown Development District, the Parks, Recreation, and
Community Enhancement Committee recommended that the home ownership assistance focus on
the District. She noted that the recommendation was approved by City Council and was not a
requirement of any of the Department of Housing and Urban Development (HUD) rules.
Mrs. Townshend stated that, in this specific case, the purchaser of this home had been working with
the NCALL housing counselor for about a year, and her process started prior to the decision to focus
on the Downtown Development District. Although it would be ideal to spend all of the funds in the
downtown because they do need to increase home ownership in that area, this purchaser was caught
in the middle. Mrs. Townshend noted that the housing counselor who had been working with the
purchaser testified that if she was not able to get the down payment assistance, she would not be able
to go to settlement and would miss the opportunity for home ownership. She advised that this
purchaser started the home buying process well in advance of the City receiving the Downtown
Development District designation and City Council’s decision to prioritize the downtown area.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 8
Mr. Lewis asked if new homeowners living in his or other districts could apply for and receive a
$20,000 grant if they were experiencing a hardship. Responding, Mr. Hare stated that this applicant
applied and put their blood, sweat, and time into doing what they were told for seven (7), eight (8),
or nine (9) months and then the City changed their rules.
Mr. Hutchison stated that, based on the testimony regarding this applicant during the Committee
meeting, although the property is outside of the Downtown Development District he supported the
request because it fulfilled the requirements of the grant application process. He noted that any other
grant requests should be reviewed on a case-by-case basis.
Mr. Anderson noted that this program had historically been for the whole city; however, because an
incentive package was being developed for the Downtown Development District, the Committee
recommended prioritizing most of the money for the downtown area. He noted that 75% to 80% of
the money is still going to go into the Downtown District with the understanding that some of that
money would go into other parts of the City after the downtown applications were received and
evaluated.
Mr. Anderson reiterated that this applicant had gone through the process and was eligible for the
program; however, she was caught in the process when the rule changed. He noted that there was
a provision for an exception to be considered and it did not seem fair to disqualify this applicant
because of a rule change.
Responding to Mr. Lewis, Mr. Hare stated that if 20 people applied they would be considered in the
order they are received; however, the Downtown Development District rule would apply. If there
are enough funds for five (5) applicants and five (5) applicants in the Downtown Development
District applied, they would get first consideration. If there is only one (1) in the Downtown
Development District, then four (4) of the other 20 might qualify. Mr. Hare reiterated that the
Downtown Development District rule was not in place when this applicant applied and followed the
process.
Mr. Anderson stated that the federal grant leaves it to the municipality to prioritize where the funds
are spent.
Mrs. Townsend noted that NCALL, one of the lead partners in the downtown revitalization, provides
the housing counseling and is very aware of this situation. They will be building homes for home
ownership in the downtown, along with Habitat for Humanity, and as new clients come in, they are
focusing them in the downtown area if they are looking in Dover.
Mr. Anderson moved for approval of the Committee's recommendation to allocate $20,000 in
down payment assistance outside of the Downtown Development District (DDD) Target Area
to a client experiencing a hardship. The motion was seconded by Mr. Hare and carried by a
roll call vote of eight (8) yes and one (1) abstention (Lewis).
Recreation Needs Assessment
During the Parks, Recreation, and Community Enhancement Committee meeting
held on July 13, 2015, members considered the Draft Recreation Needs Assessment
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 9
and recommended continued discussion of the Recreation Needs Assessment at their
next meeting. The Committee’s recommendation was approved by City Council
during their Regular Meeting of July 27, 2015.
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
recommended that members take action on the Draft Recreation Needs Assessment,
noting that the assessment could be fine-tuned moving forward.
Mayor Christiansen requested clarification regarding the splash park concept.
Responding, Mrs. Townshend explained that, based on the information from the
public, staff would be looking toward locating splash pads at Silver Lake and Dover
Park. Based on the needs assessment, the City would move into doing master plans
for the parks, including the amenities. She stated that it had yet to be determined
which location would be first for a splash pad since this was not part of the
assessment.
Responding to Mayor Christiansen regarding the time frame for the opening of the
splash pads, Mrs. Townshend stated that, because of the desire for the City to deliver
more opportunities on the east side of the City, she felt that staff should move
forward with the master plan for Dover Park as the location for the first splash pad.
She indicated that this splash pad could not be constructed next fiscal year but
probably the year after.
Noting that the Capital School District had a new superintendent, Mayor Christiansen
questioned if it was expected that the City would be able to continue to use the
District’s two (2) facilities on the east side of the City. Responding, Mrs. Townshend
stated that the City uses the Capital School District’s facilities routinely, noting that
the City uses the field at the old Dover High School and runs an after school program
at Towne Point Elementary School. She stated that the District had been very
supportive in working with the City on other programming as well. Regarding
expanding the City’s programs to East Dover Elementary School to accommodate the
needs of youth on the east side of the City, Mrs. Townshend stated that this had not
yet been discussed but it was something she could look into.
Responding to Mr. Hutchison regarding working cooperatively with Kent County
Levy Court, Mrs. Townshend stated that the City was working with Kent County and
planned to meet with County staff to discuss recreation needs and working together.
Additionally, she indicated that the City works with the YMCA routinely, and that
this was increasing. Mrs. Townshend indicated that the YMCA was currently
conducting swim lessons for the City’s Camp Small Wonder and provides
transportation to and from their facility for these lessons.
The Committee recommended acceptance of the City of Dover Recreation Needs
Assessment.
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By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Mr. Anderson expressed his thought that strategic planning and goal setting goes
hand in hand with the Recreation Needs Assessment in that they are both plans to
improve various aspects of the City, revitalize the downtown, and improve recreation
opportunities. He asked for members of the Committee and the public to review the
information provided and offer suggestions and priorities regarding what needed to
be done. Mr. Anderson noted that some improvements would be easier than others,
such as adding trail stations at Schutte Park, and some would be more difficult and
more costly, such as a splash park. He pointed out the importance of determining
which park would have which amenities and noted that different funding proposals
must be considered. Mr. Anderson stated that there had been a proposal to change
the open space requirements and to also review the fee system dedicated to the
Parkland Reserve Fund, noting that there is no funding stream for capital
improvements in this area, and that most of the funding currently comes out of the
General Fund, with approximately $100,000 coming from fees.
Responding to Mr. Caldwell as to how the City’s recent tax increase would affect
park funding, Mr. Anderson stated his belief that this revenue would be applied to
public safety and infrastructure.
In response to Mr. Caldwell as to whether parks and recreation funding was being
received through grants, Mrs. Townshend explained that the City had utilized grant
funding through the Delaware State Parks from the Land and Water Conservation
Trust Fund; however, she indicated that there may be other opportunities for projects
that would help to improve public health. Mrs. Townshend stated that she recently
discussed looking for other grant opportunities with her staff.
Mr. Anderson stated that grants may be available for the expansion of trails and
updating of fitness stations.
Mrs. Townshend stated that a lot of the fitness classes offered at the YMCA and Club
Fitness use barbells, which the City’s programs are lacking, noting that they are
expensive to purchase. Some of the instructors that staff had spoken with indicated
they could offer a wider variety of classes if barbells could be incorporated into the
programming. Mrs. Townshend advised that staff was looking into researching grant
funds for these types of small projects, noting that last year Nemours donated $1,000
to purchase four (4) bicycle racks. She indicated that although grant funds may not
help with large projects such as splash pads and restrooms, there are probably
untapped funds for some projects.
Responding to Mr. Hosfelt, Mrs. Townshend advised that the fees collected for the
parks and recreation programs do not cover the cost of the programs and that fees
only account for about 20%, when considering only the Parks and Recreation budget.
When the Grounds Division, which maintains all of the parkland, is factored in, the
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revenue from recreation only pays for approximately 8% of the combined budget.
Mrs. Townshend confirmed Mr. Hosfelt’s understanding that the majority of the
needs assessment survey respondents felt that fees collected should help fund the
programs. She stated that most of the respondents indicated that there should be a
fee differential for residents versus non-residents, particularly some of the field and
pavilion rental fees which had not been adjusted in a number of years and were very
labor intensive for the Grounds Division. Mrs. Townshend stated that the softball
leagues that rent the fields are some of the larger money makers; however, the fees
collected do not cover the cost to maintain the grounds.
Responding to Mr. Hosfelt, Mrs. Townshend advised that league fees vary,
depending on the season, and noted that each team pays a fee. The softball
registration fee for the fall was approximately $500 per team, but can be as high as
$800. She noted that a current challenge was a decline in interest for softball and
there were fewer teams registering. Mrs. Townshend stated that Mr. Steve Pickering,
Sports Coordinator, had been working to expand leagues and the City had been doing
a lot more in regard to bringing in leagues for growing sports, such as field hockey
and lacrosse.
Mr. Anderson suggested ultimate frisbee as an option.
In response to Mayor Christiansen regarding State contributions, Mrs. Townshend
advised that the State contributes very little to the parks and recreation programs and
the only State funding the City receives is from grants, such as matching grants. For
example, having submitted a pre-application, the City recently received an invitation
to fill out a grant application for the Mallard Park improvements project, which
would cover approximately $33,000 of a $66,000 project.
Responding to Mayor Christiansen regarding utilizing Delaware State University’s
(DSU’s) School of Business to find grant money for other projects, Mrs. Townshend
indicated that this was something she could look into. She also stated that, in the
spring, the City always utilizes an intern from DSU who has to work 400 hours and
she could have this intern research grant funds.
At the request of Mayor Christiansen, Mrs. Townshend and Mr. Anderson agreed to
meet with the Mayor to discuss grant research and resources. Mayor Christiansen
noted that the DSU School of Business is a great untapped source of reference that
the City could use.
Mr. Anderson stated that he would also like to meet with the City’s counterparts at
Kent County.
Mr. Anderson posed questions to members regarding their thoughts on what areas
staff should be asked to look at first in relation to the needs assessment. He noted
that staff desired to look at building a new master plan for east Dover and to look at
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the expanded area in Schutte Park, which he felt were both important. Mr. Anderson
stated his desire for the Committee to come back to this issue, noting he would like
more of the Committee members to be present to discuss this.
Strategic Planning and Goal Setting (Restoring Central Dover Strategic Plan)
Referring to the Executive Summary of the Restoring Central Dover - Our Vision for
Vitality plan, Mr. Anderson questioned if members had any particular points to
discuss in the plan or areas to prioritize, such as housing, community economic
development, recreation, or youth programs.
Mr. Hosfelt stated that he would like to hear from Mr. Joe Myer, Chair, Restoring
Central Dover Steering Committee, and staff, and expressed a desire to meet with
this committee. Mr. Hosfelt stated that he was one (1) of the original members of the
steering committee years ago when the process started. Noting that many things had
occurred since that time, he felt it would be important for Council as a whole to get
an overview of how it started and where things stood currently in order to determine
a direction for the future. Mr. Hosfelt indicated that the Restoring Central Dover
Steering Committee was the driving force behind this effort.
Noting that the Restoring Central Dover Steering Committee had grant funds but no
legislative authority, Mr. Anderson expressed his opinion that they needed the Parks,
Recreation, and Community Enhancement Committee in this regard. He felt that
working together, great things could be accomplished. Mr. Anderson stated that
members of the Restoring Central Dover Steering Committee had reached out to
members of the Parks, Recreation, and Community Enhancement Committee, and
suggested issuing an invitation to the Restoring Central Dover Steering Committee
to meet with the Parks, Recreation, and Community Enhancement Committee.
The Committee recommended issuing an invitation to the members of the Restoring
Central Dover Steering Committee to meet with the Parks, Recreation, and
Community Enhancement Committee.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
The Committee deferred this item for further discussion during the
September 14, 2015 Parks, Recreation, and Community Enhancement Meeting.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Mayor Christiansen advised members that Mrs. Horsey was on the way to recovery
and should be able to attend the next meeting.
The Committee recommended sending official speedy recovery and get well wishes
to Mrs. Horsey from the Committee.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 13
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Mr. Anderson moved for acceptance of the Parks, Recreation, and Community Enhancement
Committee Report, seconded by Mr. Hare and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - AUGUST 10, 2015
The Utility Committee met on August 10, 2015 with Chairman Hutchison presiding.
Annual Review and Approval of Governing Policy for Energy Commodity Risk
Management
Members were advised that the City of Dover has in place an approved risk
management policy associated with the purchase of energy commodity and related
investment contracts. The purpose of the energy commodity and investment
contracts resulting from the application of the risk management policy is: (i) to secure
economic and reliable energy supply to meet the ongoing energy requirements of the
City and its citizens, and (ii) to provide price certainty for those end users purchasing
electricity supply from the City.
Mr. Scott Koenig, City Manager, stated that City management, along with The
Energy Authority (TEA) and their client manager, completed their annual review of
the Energy Commodity Risk Management Policy, and he reviewed the changes
recommended for the Utility Committee and City Council acceptance. He indicated
that the revisions were maintenance changes recommended by both TEA and staff
to clarify issues, streamline the process, or remove language that was outdated
because of the changing markets.
Staff recommended acceptance of the revised Governing Policy for Energy
Commodity Risk Management.
Referring to Page 13 - Risk Limits and Risk Measurements, A. Limits, Item #1,
Volume/ Maturity/Value Limits, Mr. Blakeman noted the inclusion of Fuel Oil #6 in
the chart. He questioned if the City was still buying #6 oil and was permitted to burn
it. Responding, Mrs. Donna Mitchell, Controller/Treasurer, stated that the City was
no longer buying #6 fuel oil.
Mr. Koenig stated his belief that the City was not permitted to burn this type of oil
and that this could be removed from the policy. Mr. Blakeman supported removing
it, feeling that it was misleading.
With reference to Item #2, Delegation Authority, on Page 13, Mr. Blakeman noted
the statement that “The ERMC may delegate these authorities to individuals
authorized to commit Dover to financial obligations.” He questioned if there was a
list of these authorized individuals. Responding, Mr. Koenig stated his belief that the
positions that are able to commit to those transactions were specified on Page 8 -
Management and Controls, B. Executive Risk Management Committee (ERMC),
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 14
which defines the roles of the members of the ERMC. He noted that the members
of the ERMC include the City Manager, Director of the Utility, and Controller, and
between these three (3) individuals, the City has the authority to make those
transactions.
Mr. Blakeman questioned if the “individuals authorized to commit Dover to financial
obligations” referred to the members of the ERMC committee. In response,
Mr. Koenig stated that TEA can perform a small range of transactions themselves.
Mr. Blakeman questioned if these transactions would be performed by an employee
of TEA. Responding, Mrs. Mitchell stated that TEA’s current service manager is one
of the members of the ERMC and this individual would instruct their employees to
do hedging. She confirmed that the Utility Committee would authorize the City’s
members of the ERMC Committee to authorize TEA to act.
Mr. Blakeman indicated that it might be helpful if someone at TEA was listed so that
it would be known who this was going to be. Mrs. Mitchell explained that position
titles rather than the names of ERMC members were included in the policy to avoid
the need to revise the document when there are staff changes. Mr. Blakeman noted
that the statement referenced only “individuals authorized.” He did not feel that
individuals needed to be specified but thought that the term “other authorized
individuals” was vague.
Mr. Koenig expressed his belief that delegation would also be covered by TEA’s
insurance, etc. TEA would not delegate this responsibility to an unqualified person
since TEA would be as responsible as the City.
With reference to Item #3, Volume Limits on Page 13, Mr. Blakeman referred to the
statement that “For no reason should a transaction be executed that exceeds the City’s
electric load requirements” and questioned if this referred to exceeding the limits on
an hourly, daily, or monthly basis and if there was a time frame attached to
exceeding. In response, Mr. Koenig stated his belief that the excess would be based
on the purchase. If the City were purchasing load to 80% for the current year, this
may involve day-ahead transactions, which the City sometimes makes. He stated that
it would be either the cumulative load profile for the year or the daily expected load
profile, noting that there are many kinds of transactions that happen. Mr. Koenig
indicated that it could be a daily, monthly, or annual time frame.
Mrs. Mitchell stated that this would be based on TEA monitoring the City’s load and
needs, noting that TEA is not supposed to exceed this. She concurred with
Mr. Koenig that this is based on the percentage that is hedged versus what the City
buys in the open market. Mrs. Mitchell advised members that the City does not
hedge 100% in case the load for the month does not come in at 100% and that
volumes are measured.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 15
Mr. Blakeman questioned, if 80% of the load were hedged, whether this percentage
could not be exceeded. Responding, Mrs. Mitchell stated that TEA can buy what
they need on the market based on the load but cannot exceed 100%.
Mr. Koenig stated that the hedge target for FY 16, which began on July 1, 2015, was
80% in the month of July. The City was still carrying 20% of the load as short-term
purchases and trying to take advantage of the market. In FY 17, a target of 60% of
the estimated load was set. He explained that the City is under 100% on a rolling
basis moving through the year. When starting each year, the City would not be over
80% of the projected load.
Mr. Blakeman suggested, perhaps not this year but next year, that the language be
clarified as he felt it was vague.
Noting that the policy references the City of Dover hedge program, Ms. Stewart
questioned if there was a hedge program document available for her review as a new
member of the Committee. Responding, Mr. Koenig stated that staff would bring
this document forward.
The Committee recommended acceptance of the revised Governing Policy for Energy
Commodity Risk Management.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Quarterly Review of Utility Related Capital Investment Plan (CIP) (Electric and
Water/ Wastewater) (April, May, and June) (Pre-Audit)
Mr. Scott Koenig, City Manager, reviewed the preliminary Capital Investment Plan
Project Tracking Quarterly Report as of June 30, 2015. He advised members that
staff in the Public Works Department, the Electric Department, and in some other
departments with respect to vehicle purchases, had been working diligently to finish
a backlog of projects that had accumulated over several years. Mr. Koenig expressed
his pleasure that a number of the projects listed in the report that had been in progress
for some time had been completed. He noted that some projects, such as stormwater
utility planning, were multi-year projects and were expected to extend beyond one
(1) year.
Mr. Koenig indicated that staff had worked hard to complete the Garrison Oak
Technical Park (GOTP) improvement projects, which were expected to be completed
in FY 16 and a backlog of individual street paving and utility-related projects that
had been lagging behind had been caught up. Mr. Koenig stated that a number of
projects were under construction throughout the City, and several street program and
community transportation projects under the General Fund had closed out. He
advised members that some projects still lingered, such as the Lincoln Park Center,
as well as some small unused funds in some individual Community Transportation
Fund locations.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 16
In regard to the water and sewer utility, Mr. Koenig stated that staff had been
working on finalizing a site for an elevated storage tank at the north end of the City
and was very close to securing that site. He advised that this project was considered
by the Planning Commission and there were some objections regarding the site
location. Staff believed that a new site had been worked out and this project would
be brought forward in the next few months. Mr. Koenig informed members that the
GOTP water system improvements were complete and the sanitary sewer system
improvements were very near completion. He advised that the elevated storage tank
had lagged behind slightly, but the top of the tower was now on. Mr. Koenig stated
that the welds on the bowl of the tower would be finalized and the project would be
moved to completion this fall, which would help finalize all of the Garrison Oak
projects. He indicated that the curb line had been poured in the back section.
Mr. Koenig indicated that a new deep well at Schutte Park had been completed and
back-up generators had been put into place. He advised that there had been several
Inflow and Infiltration (I&I) projects that were completed throughout the system.
Mr. Koenig stated that, in general, staff had caught up or was making good progress
on catching projects up and getting into current year money, versus funds that had
lagged behind for a while.
With reference to the Electric Department, Mr. Koenig stated that improvements to
the Horsepond Substation were completed in FY 15 and Staff had been working on
a system upgrade related to the new Energizer location. He indicated that the
General Scott Substation project was now underway and he reiterated that staff was
making significant progress in getting into the current year's money and projects,
which had fallen behind. Mr. Koenig advised that the Electric Department completed
the relocation of the 69 KV line, and staff was awaiting base paving and some
additional moves from Verizon and Comcast to finish up that work.
In response to Mr. Hutchison regarding the time frame required to complete the water
tower north of the City, Mr. Koenig estimated that it would take approximately one
(1) year to construct.
Mr. Hutchison questioned how the City’s long-term system appeared based on the
current increased demand for water at Calpine. Responding, Mr. Koenig advised
members that Calpine block one (1) had been in operation all summer and the City
had managed the demand of Calpine and the rest of the system with the existing well
system and elevated storage tanks. He noted that there had been significant volume
changes in the tanks. To Mr. Koenig’s knowledge, no complaints about pressure had
been received across the City, which was good news. The additional tank at the
Garrison Farm would take the City from about 3.75M gallons of elevated storage to
5.25M gallons, since the tank would hold 1.5M gallons. This would take care of all
demand related to the future build-out of the GOTP. Mr. Koenig advised that the
additional 1.0M gallons being discussed on the north end of the City would increase
storage to 6.25M gallons. He explained that the purpose of the additional elevated
storage was to allow for water supply for a fire in a worse case scenario. Mr. Koenig
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 17
stated that, from an everyday operating standpoint, the system would be over-built;
however, the towers are built to allow for response to an instantaneous emergency or
severe fire demand at the worst possible time during a hot summer. He advised
members that after going through all the engineering calculations and building the
systems to all of those variables, the end result is pretty significant additional
elevated storage, and he anticipated that those features would be in place by the end
of 2016.
Mr. Koenig stated that if block two (2) of Calpine were built, a need for elevated
storage was not anticipated; however, additional drilling for water resources was
anticipated. He noted that money was set aside in FY 16 to try and identify the
location of that next well resource, and staff would be meeting with the Department
of Natural Resources and Environmental Control (DNREC) shortly to discuss how
to proceed from a regulatory standpoint, and then hopefully begin an investigation
in design and construction over the next few years. Mr. Koenig indicated that the
system had generally performed very well this summer, even when there were days
with high heat during the week. He noted that his office had not received the number
of complaints that he felt might occur when the full load at Calpine was turned on.
Mr. Koenig stated that the water treatment plant on Long Point Road was acting as
the buffer to supply water to the energy block. He noted that there had been
significant demands on the system without negative repercussions, noting that
Calpine, the City’s power plant, and NRG Energy, Inc., had all been running at times.
Mr. Koenig noted that there was a lot of water moving through the system currently,
but this was good for the City for a number of reasons.
In response to Mr. Blakeman regarding the fact that the new well was a shallow well
as opposed to a deep well, Mr. Koenig stated that the deep Piney Point well at
Schutte Park was the newest well constructed as a replacement of a former Piney
Point well. The allocation was moved from one (1) point of the system to another
point and the well was drilled at basically the same depth.
Mr. Blakeman expressed his understanding that the City could not receive any more
allocation for deep aquifer water. Responding, Mr. Koenig stated that the challenge
was that the State wants the City to discontinue drilling in the Piney Point aquifer.
Wells can be replaced, but they did not want to authorize significant new allocations.
He advised that the State does not want to authorize additional allocations in the
Cheswold aquifer because of the same issue, potential mining of the aquifer.
Mr. Koenig explained that the concern about pumping from the Colombia aquifer,
which is the unconfined aquifer out near Long Point Road, was that pumping that
aquifer causes the potential intrusion of salt water, which would not be desired. He
stated that when looking for the next well, the City may be in the Frederica aquifer,
which is much deeper than the Piney Point well at about 250 to 300 feet. Mr. Koenig
noted that there are many decisions to be made from a technical and administrative
level before determining the next well. Staff had tried to develop the
interconnections with Tidewater Utilities and other systems for drought protection
and for the entire discussion about how to manage the resource. Mr. Koenig
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 18
explained that the State was now requiring farmers to obtain allocation permits, and
that the table is heavily weighed in the agriculturalists’ favor. He indicated that
agriculturalists’ demands for hundreds of thousands of gallons are typically granted;
however, if the City makes similar requests, they typically begin a negotiating
process begins. Mr. Koenig noted that the State may grant a portion of the request,
but then asks the City to take a portion of the allocation from other areas. In the past
two (2) years, if the City had allocation permits that permitted production at 500
gallons per minute but production had been 450 gallons for the last 10 years, the
State had requested that the permit be reduced to 450 gallons, stating that they would
grant the extra gallons elsewhere. Mr. Koenig indicated that the State is very
stringent with the overall umbrella of the system.
Mr. Koenig stated that there are approximately 22 wells in the entire system. If the
City requested another permit or another well, adding a 23rd well would not mean that
the State would take the City’s limit from 10 Million Gallons per Day (MGD) to 11
MGD; they may leave it at 10 MGD and just approve another well. He indicated that
many discussions were going on internally to determine how to manage this resource.
Mr. Koenig advised that drinking water is a valuable resource and noted that the State
recognizes its value. He stated that the City of Dover is in the State growth zone,
and, at the policy level, the State wants development to happen in a way that they
term “on system.” Policies in years past have favored pushing developments and
economic development to the municipalities, but this requires the appropriate
allocations for water and sewer. Mr. Koenig indicated that it was somewhat of a
moving target at the State to get all of those things to match up.
Mr. Blakeman noted that there were 31 projects listed in the report in progress and
questioned the likelihood of them being carried over to the next budget year.
Responding, Mr. Koenig advised members that some were intended to be multi-year
projects. He noted that Self-Contained Breathing Apparatus (SCBA) was ordered for
the Fire Department which did not come in by June 30, 2015; therefore, this had to
be carried over as a project in progress, and there was a handful of other projects that
remained for similar reasons. He noted that some projects were simply behind and
the City was not on target with every single project.
Mr. Blakeman stated that staff had done a good job cutting down on the backlog and
expressed a desire that projects would not build back up again.
Mr. Koenig stated that funds for projects in the I & I funds do not dry up on June 30th,
noting that these projects have to be rebudgeted, but funds are present.
Mr. Anderson thanked Mr. Koenig for good progress at Woodcrest Drive and Buttner
Street, noting that constituents from these areas had contacted him with a very
favorable review and he had not observed or heard about any flooding problems
recently there. Mr. Anderson stated that he was glad to see some of I & I projects
moving forward because the infiltration costs the City a lot of money, and the more
that can be done, the better.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 19
Mr. Anderson questioned whether Mr. Koenig was concerned that funds for some of
the projects must be spent because of the possibility of the State trying to recapture
unspent funds next year, noting that the State had tried to do this in 2008/2009.
Responding, Mr. Koenig stated that his concern was with regard to State funding
related to the street program. With the budget increases in FY 16, Council brought
the City street program up to $1M. He felt it was important for the City to keep the
community transportation projects tight administratively, in terms of getting them
authorized, completed, and reimbursed. Mr. Koenig explained that the State
legislature had indicated that Community Transportation Funds may be significantly
cut next year, and this would affect the City’s ability to do some specially requested
street projects. He noted an additional concern that if Municipal Street Aid were cut,
the City would have to tailor back the street program from $1M to make up for some
of this funding. Mr. Koenig indicated that this was not a concern for the FY16
budget but was a concern for FY 17. He indicated that if there were State revenue
cuts to local governments, the City would be looking at capital project cuts and
potentially operational cuts.
Mr. Anderson indicated that he had heard talk about some devolution to local
governments but no talk about money going with that. In response, Mr. Koenig
stated his thought that this would be debated significantly over the next year. He
indicated his hope that if revenues do go away, that this would occur on a horizon
that the City can plan for rather than immediately, since the immediate pullback of
those revenues would cause the City to reconsider some of the capital projects.
Responding to Mr. Anderson regarding the reason for the delay on the Lincoln Park
project, Mr. Koenig indicated that the money afforded for this project was related to
design. He explained that there was a conceptual design for the project; however,
one (1) of the reasons that the project had not progressed was because of the fairly
significant construction cost and because no one had yet been identified who was
interested in building in that area. Mr. Koenig stated that if a private developer was
willing to take on some of this project, they may elect to construct the road or
improvements privately, and they would not be under wage rate requirements. He
advised members that a public-private partnership to build out the concept would
likely not require the City to borrow money to go forward to construction.
Mr. Koenig explained that the grant that the City received was for design and
planning. In regard to the potential purchase of property, he felt the federal
guidelines would become another obstacle that must be managed, since construction
as a federal project would require a different set of rules than those for a private
developer or if the City were to take on the land acquisition for it. Mr. Koenig stated
that if the project was done through a grant, there are special rules for land
acquisition, business relocation, and home relocation, and it would become a very
burdensome project to undertake. Assistance would be needed from the Delaware
Department of Transportation (DelDOT), including their expertise in land
acquisition, to move it forward as a joint federal, state, and local government project.
Because of the uncertainty about what would be done with this area, staff had not
asked for construction money at this point.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 20
Mr. Anderson questioned how the new prevailing wage structure would benefit the
City. Responding, Mr. Koenig advised members that the State relaxed some of the
prevailing wage guidelines for public works projects related to Community
Transportation Funds, and staff was waiting for written guidance. His understanding
was that there was a new threshold at the State level for the kicking in of the State
prevailing wage for community transportation. Mr. Koenig stated his belief that the
threshold was approximately $250,000, noting that he needed to confirm this figure.
He explained that a City road project valued at $100,000 funded solely with
community transportation funds would be below the threshold. Mr. Koenig noted
that this would help with projects such as the Inner City Cultural League, the Solid
Rock Church, and some individual road projects, since the prevailing wage would not
be required under the new rules, which would result in potential savings.
The Committee recommended acceptance of the report as presented.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
TEA/NAES Report (June)
The TEA/NAES Monthly Report for June 2015 was provided to members to enable
them to monitor electric sales and revenues received, which will provide a better
understanding of any fluctuations that occur and allow the opportunity to make
improvements if deemed necessary.
Mr. Scott Koenig, City Manager, noted that the monthly reports received in the 11th
and 12th months of the year are the most important. He felt that the City had a pretty
good year overall regarding its power supply and hedging program efforts. Referring
to Page 13 of the report, he noted that year-to-date information, which reflects the
12-month period, indicated a budgeted gross load of 744,332 MW and the actual was
757,247 MW; therefore, the City sold more energy than staff was preparing in the
budget. Mr. Koenig noted that the Total - Utilities Cost reflected that the City had
budgeted $49.4M and actually spent $47.8M. The City’s load was higher than
anticipated and the City came in under budget in power supply by about $1.5M. He
reminded members that several years ago the City realized a multi-million dollar
savings in this area because the City’s hedges were coming off and the City was able
to buy power at a lower cost. There was a similar condition moving through this
year, but there were some months that tended to fluctuate. Mr. Koenig noted that
extreme cold weather during the winters of 2014 and 2015 resulted in some major
swings in costs, and the City was able to overcome that over the 12-month period.
He reminded members that the energy market is extremely dynamic, changing
almost daily, which creates challenges in projecting for the future. Mr. Koenig
advised members that hiring Mr. Harry Maloney, Electric Director, had provided
additional perspective. He stated that Mrs. Donna Mitchell, Controller/ Treasurer,
had been involved with this contract from the beginning and previously in the
transition from PACE to TEA as the City’s energy management provider.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 21
Mr. Koenig reiterated that he was happy where the year ended up, noting that staff
expected that things would tighten up over the 12-month period, and they had, but
the City had been faring reasonably well.
Responding to Mr. Hutchison as to how far out the City buys into the market,
Mr. Koenig stated that the City was buying no more than five (5) years out and makes
declining purchases over a five (5) year period. He stated that the City was just
starting to purchase products for five (5) budget years out, which presents challenges
in projecting the future.
In response to Mr. Hutchison, Mr. Koenig confirmed that when buying five (5) years
out, the City is generally locked in. He noted that there may be a unique opportunity
to sell and a deal is not finalized until the date is attained; however, the City is, for
the most part, locked in when committing to these purchases.
Mr. Blakeman commented that if the City wanted to sell undesirable power, others
would probably also find it undesirable.
Referring to the $1.9M total listed for hedge transactions in the Executive Summary
on Page 2 of the report, Mr. Blakeman questioned if these funds were paid in the
PJM bill or paid separately as a check to another party. In response, Mrs. Mitchell
explained that hedges are paid separately to somebody else. The City has
counterparties, such as Constellation, Macquarie, and BP, and the City pays
whomever it has the hedges with for the month. She indicated that TEA makes sure
that everything matches up and forwards the invoices to the City for payment.
Mr. Blakeman stated that he was having difficulty reconciling the purchase and cost
information in the report, indicating that the Executive Summary on Page 2 listed a
$1.8M purchase and energy charges of $898,169.44; however, the PJM bill for July
was approximately $775,000, which was the amount that the City sent to PJM. He
noted that the $1.8M purchase and $898,619.44 in energy charges were substantially
higher than the $775,000 amount.
In response, Mrs. Mitchell explained that the PJM bill reflects both sales and
purchase transactions. When PJM is paid, the City pays them the net of the credits
and the debits on the bill. The net at the end of the year should be the total of all the
weeks’ bills, which is the final bill for the month. She indicated that on a weekly
basis, it may go one way or another, reflecting a payment in week one (1) and a credit
in week two (2). In the final week of the month, PJM provides a total bill that trues
up all transactions, and the net of all debits and credits is what the City pays.
Mr. Blakeman reiterated the problem that a total of approximately $1,866,000 was
reflected in purchases and fees from PJM, but the bill came to $775,000.
Responding, Mrs. Mitchell stated that the credits that the City receives for its load
reduces what the City pays PJM.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 22
Mr. Blakeman stated that he would like to see an explanatory reference if the City is
paying substantially less, because he was not able to reconcile the report with the bill.
After additional discussion, Mrs. Mitchell referred to page 11 of the TEA report. She
explained that the items included in Power Supply at the top of the report, such as the
PJM - Energy, Congestion, and Losses and PJM - ARR, Transmission and Fees, and
PJM - Capacity UCAP Obligated Purchased, reflected the purchases from PJM, such
as the $1.8M total referenced previously. Mrs. Mitchell stated that the Power
Generation Non-Production Revenue listed near the bottom of Page 11, listed on this
spreadsheet as totaling approximately $930,666, reflected the net amount billed, such
as the $775,000 mentioned previously. She explained that the $1.8M in the
Executive Summary was based on the power supply in the top section and is not
netting against the capacity credit.
Mr. Blakeman indicated that this was his concern since the larger number was being
used to calculate the cost of kWh or MWh of power, and if only an amount in the
neighborhood of $775,000 was being paid, the cost per MWh should be lower than
using the $1.8M.
Mrs. Mitchell stated that, as presented on page 11, the power supply MWh cost is
netted against the credit for power supply generation to offset the City’s credit,
providing the net MWh cost, which is the true cost.
Mr. Blakeman suggested that lower number would be a better number to put in the
Executive Summary, as opposed to using the $1.8M as a calculation, to show the
actual cost per MWh of purchasing power.
Mrs. Mitchell explained that this is the power supply piece and stated the need to
look at the terminology used by TEA. The generation credit is the City’s production
credit piece. TEA provides amounts for the power supply, the generation credit, and
the net cost for the month.
Mr. Blakeman stated his belief that the City was actually paying $775,000, not
$1.8M, and if the kWh’s from this report were divided to show the cost per kWh or
MWh, a higher cost would be reflected than if the net number were used. His
concern was that the City was reflecting a higher cost per kWh or MWh than if the
$775,000 number, which he felt was the real number, were used.
Mr. Blakeman felt that this was something that should be looked at.
The Committee recommended acceptance of the report as presented.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 23
Updates
Green Energy Funding and Programming
Members reviewed details regarding Green Energy Funding and Programming.
National Pollution Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer Systems (MS4) Permit
No update was provided.
Garrison Oak Technical Park Project Updates
Mr. Scott Koenig, City Manager, provided the following updates:
City Infrastructure/Calpine Energy Center
From a utility standpoint, projects at the Garrison Oak Technology Park (GOTP)
would be coming to an end over the next couple of months and a final cost would be
determined and reported to Council. Mr. Koenig expressed his belief that these
projects were right about at budget; however, the electric relocation was about
$50,000 under budget. He indicated that the City was beginning to see a return on
its investments. The Calpine facility was occupied and producing energy out of
block one, and Calpine was a large water user and fairly large sewer customer. It was
Mr. Koenig’s belief that the Uzin Utz facility had received its temporary certificate
of occupancy and was beginning to ramp up for a full operation shortly. He expected
that these facilities would have opening dedications in September and October and
staff was continuing to market the balance of the park, having committed to a sale for
one (1) parcel in addition to the Uzin Utz and Calpine facilities. Mr. Koenig advised
members that there was additional activity in the GOTP for those interested in
relocating or building new businesses there and that staff was very happy with the
GOTP’s standing in this regard.
Mr. Koenig stated that infrastructure comes to a close, the FY 15 and FY 16 total
City budgets were close in numbers. He noted that the operating budget was
becoming more expensive and the capital budget decreased slightly as the City was
progressing through a spike in cost associated with the development of the GOTP.
In regard to the budget, Mr. Anderson questioned if the surplus would go toward the
power supply, to pay back funds, or to the reserve. Responding, Mr. Koenig stated
his belief that funds saved through the purchase of energy would go into the Rate
Stabilization Fund, rather than the operating budget, to help with potential future
increases or levelization of future power costs or power cost adjustments.
In response to Mr. Anderson, Mrs. Mitchell confirmed that these funds were not
accounted for in the budget that was just passed by Council.
Dover Sun Park
Mr. Scott Koenig, City Manager, reviewed a spreadsheet entitled “City of Dover
Electric Revenue Fund - FY 15 - White Oak Solar Park Incremental Cost.” He
advised members that numbers were provided through June 2015, and the
incremental cost of the solar park to the City’s ratepayers was approximately
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 24
$909,000 for the year. Mr. Koenig stated that the City pays a premium for solar
energy; however, it is required to diversify the City’s portfolio. He advised members
that the challenge was how to make this work for the City in the long run.
Mr. Koenig noted that there had been some instances during months with extreme
temperatures when power coming off the solar park was cheaper on a monthly basis
than what was being bought off the grid, which he had not expected. He advised
members that the reality was, moving forward, that the City would have to invest
more in solar and other renewable energy projects to comply with Renewable
Portfolio Standards (RPS) standards and to diversify its portfolio. He noted that
these costs would be higher, but this must be done to maintain the utility.
The Committee recommended acceptance of the updates as presented.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
By consent agenda, Mr. Neil moved for acceptance of the Utility Committee Report, seconded
by Mr. Cole and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
AUGUST 10, 2015
The Legislative, Finance, and Administration Committee met on August 10, 2015 with
Chairman Hare presiding.
African American Business and Workforce Inclusion Report (Economic
Inclusion Study) by Delaware State University Center for Economic
Development and Trade (Dr. Michael Casson)
During their Regular Meeting of November 25, 2013, City Council considered a
request from Mr. Clayton Hammond II, Delmarva Black Chamber of Commerce
Chairman, for funding for the Delaware State University Center for Economic
Development and Trade to conduct an economic inclusion study for the City of
Dover. City Council approved the request to fund the Economic Inclusion Study in
the amount of $6,000, as recommended by the Legislative, Finance, and
Administration Committee.
Dr. Michael Casson, Director, University Center for Economic Development and
Trade (UCEDIT), reviewed a presentation of the African American Business and
Workforce Inclusion Report for the City of Dover, Delaware.
Dr. Casson thanked leadership for commissioning the study. He explained that
Mr. Bill Neaton, Economic Development Manager, and the City’s Economic
Development Office staff were instrumental in moving this process forward and
showing leadership pertaining to the engagement of the African-American population
in the City of Dover.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 25
In terms of the importance of an inclusion study, Dr. Casson stated that at this time
last year a need was laid out to address the African-American community so that this
community could be seen to grow economically, socially, and professionally. He
stated that the intent was not to exclude any other populations within the City, but to
look particularly at potential areas of growth in business and workforce development
in the African-American community. Dr. Casson noted that when all populations
progress at their optimal level, there is economic growth, cities become more
competitive, and there can be movement forward as a city.
Dr. Casson explained that the basis for the study was a questionnaire that was
presented to the City’s Economic Development Office, and he reviewed some of the
questions included. He indicated that the questionnaire looked at resources
pertaining not only to African-Americans but to the total population, noting that the
African-American population is a part of the total population. Dr. Casson stated his
understanding that no exclusionary practices were happening; however, he expressed
the desire to see what mechanisms may trigger more participation among the
African-American community as opposed to other populations.
Dr. Casson reviewed statistics reflected under Dover’s African American Population
at a Glance.
Dr. Casson stated that Data Driven Decision Making (DDDM) should be used as a
basis to ensure effectiveness across programs, services, and resources. He noted the
importance of collecting sound data and utilizing that data to make informed
decisions. Dr. Casson stated that it was important to make sure that the initiatives,
practices, and actions put forth are optimizing resources and funds when there are
budget constraints.
Dr. Casson reviewed the steps of the DDDM “Cycle of Inquiry,” emphasizing that
this was a dynamic process and adjustments would be made based on the information
collected during that process. He indicated that starting to think about how to
effectively collect this data for the African-American community would be the
number one (1) priority.
Dr. Casson stated that commissioning the economic inclusion study was a very
important first step in this process, and the next important step would be an inclusion
plan. This plan would take some of the points from the inclusion study, bring
together the stakeholders, and begin to create strategies around engaging the
African-American community.
In reviewing the recommendations from the study, Dr. Casson indicated that the chief
recommendation was the need for a comprehensive inclusion plan. This would entail
pulling together a steering committee of stakeholders to delve deeper into the
African-American small business community and the workforce community,
determine what the needs are, and begin to devise action items around those needs.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 26
He emphasized the need to employ DDDM to ensure that the strategic plan and the
action items that come forth from the inclusion plan actually reach the target
population.
In response to Mr. Anderson, Dr. Casson explained that the unemployment statistics
included in the report were Bureau of Labor Statistics (BLS) projections, indicating
that they were five (5) year projections based on the 2000 census. He stated his belief
that the information was from the American Community Survey.
Mr. Anderson noted the 16% unemployment rate for African Americans as a
percentage of the total labor force and stated that the Hispanic population had
approximately doubled in the last five (5) years.
Dr. Casson stated that the Hispanic population had grown by 9%. He indicated that
the African American population had increased by approximately 3% to 4%, and the
white population had decreased by 11%.
Responding to Mr. Anderson, Dr. Casson confirmed that these were not absolute
numbers but a percentage of City population.
Mr. Anderson noted that African American businesses accounted for approximately
8.7% of the businesses in the State. He stated that African Americans represented
approximately 40% of the City’s population but only 12.7% of the businesses.
Noting that he would have expected the business figure to be around 20% as a
percentage of population, Mr. Anderson inquired what Dr. Casson would attribute
this disparity to.
Responding, Dr. Casson stated his belief that this was due to the processes and
protocols in place for African-American small businesses to engage resources and
services for development. He felt that this might be an area for growth, noting that
if these resources and services were present and were not being utilized for some
reason, perhaps the proper communication channel was not being used. Dr. Casson
noted that the City was above the State average in African American businesses, but
there was still a disparity based on population. Noting that there was a propensity or
taste among the African-American population for entrepreneurship, Dr. Casson stated
the question was how to determine what processes were in place to ensure this. For
example, Dr. Casson questioned how the City’s Economic Development Office could
oversee data collection or track movement as it pertains to African Americans who
are interested in the development of small businesses. If this movement could be
tracked, these potential business persons could be directed toward more optimal
paths. Dr. Casson indicated that sometimes a path may be followed that leads to
stagnation, and from there a business never grows or develops.
Mr. Anderson questioned if being more focused in getting the message out would
help the general population as well. He noted that the purpose was not to direct
government money to any particular group, but to make sure that the whole
population is served and that Dover is growing as a City.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 27
In response, Dr. Casson confirmed that it was important to ask what was being done
for the general population as a whole. He indicated that if this question were
answered, it would be possible to understand if there was information flow, if
services were available, and if these services were reaching the general population,
and then to find out why the African-American population was not getting this
information. Dr. Casson stated, from a general perspective and through DDDM, it
could be said, for example, that there was a program for business technical assistance
and the African-American population did not attend. Questions could then be asked
about the reasons why, such as whether it was due to the marketing or a lack of
knowledge or information as it pertains to a business. He felt that by starting there,
efforts could then be made to begin to dissect not just the participation of the
African-American community but all populations in the City of Dover, noting that
the Hispanic population was growing. Dr. Casson stated the need to look at the
broader area and then begin to pinpoint why certain populations were not getting the
services that they need.
Noting that there are budgetary constraints, Dr. Casson stated the importance of
getting strategies and action items in place that would give the highest yield. This
would be done through DDDM, through development of an inclusion plan, and by
drilling deeper into the questions being asked. Dr. Casson reiterated that the question
was what the current process was for engaging the public and the African-American
community.
Mr. Anderson noted that strategic planning would be discussed by the Parks,
Recreation, and Community Enhancement Committee.
Mr. Hutchison stated that he was impressed with the information that had been
gathered and asked if the number of students graduating versus those dropping out
of high school was being looked at from an economic development and workforce
perspective. Responding, Dr. Casson stated that this would go directly to the point
of DDDM. He questioned where those students who were dropping out were going
and what workforce needs in the City could be filled and addressed.
Mr. Hutchison expressed his opinion that this information could be helpful in the
future.
Mr. Sudler questioned what one (1) of the major issues was that was identified by the
African-American business owners in the downtown area in regard to conducting
business in the City of Dover, or an issue related to engaging, encouraging, or
advocating for individuals of African-American, Hispanic, or minority descent. In
response, Dr. Casson advised members that this study was actually focused on the
services and programs that were coming out of the City.
Mr. Sudler questioned if a survey could be conducted or if questions could be asked
to get current feedback from African-American business owners and minority owners
as a whole. Dr. Casson stated that this request went directly to the recommendations
of the study in terms of the inclusion plan. He indicated that this would bring the
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 28
stakeholders to the table to talk about the strategic plan and the focus for addressing
some of the needs pertaining to African-American business and workforce
development.
Dr. Casson encouraged members to consider the economic inclusion plan, which
would include the type of surveys that Mr. Sudler mentioned to gather information
and find out why African Americans were or were not being engaged.
The Committee recommended acceptance of the report as presented.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Request to Waive Demolition Liens - 27 North New Street and 45, 67, and
101 South Queen Street
Mr. Scott Koenig, City Manager, advised members that the City had been working
in the Downtown Development District (DDD) to improve a number of different
components in this area and a number of structures had been demolished there over
the last few years. Central Delaware Habitat for Humanity, Inc. had offered to
purchase four (4) properties from Dr. Joe Burden, Jr. Under the proposal, the liens
would be transferred from Dr. Burden to Habitat, and Habitat would then pay the
City of Dover $7,500 for each of the four lots (4), for a total of $30,000. The subject
properties were 27 North New Street and 45, 67, and 101 South Queen Street. Each
of the properties had been encumbered by a demolition lien due to prior dangerous
building declarations. A summary of the offer and associated write-off amounts was
as follows:
Address Offer Price Total City Write-Off City's 2015
Lien Amount Amount Assessed
Land Value
27 N. New Street $ 7,500 $ 22,274.97 $ 14,774.97 $ 13,100
45 S. Queen Street $ 7,500 $ 13,862.18 $ 6,362.18 $ 11,900
67 S. Queen Street $ 7,500 $ 14,348.46 $ 6,848.46 $ 13,800
101 S. Queen Street $ 7,500 $ 15,684.02 $ 8,184.02 $ 13,400
Totals $ 30,000 $ 66,169.63 $ 36,169.63
Mr. Koenig advised members that, while the write-off would be substantial, the long
term benefit of the proposal outweighed the financial impact of this write-off.
Mr. Koenig stated that it was staff’s strong belief, from an administrative standpoint,
that transferring this property would be a good thing for the City of Dover. He noted
that the City had preached home ownership in this area and Habitat would virtually
guarantee long-term home ownership.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 29
Staff recommended authorizing the properties to be transferred from Dr. Joe Burden,
Jr. to Central Delaware Habitat for Humanity without collecting the City's liens
against the properties in exchange for a payment of $30,000 from Central Delaware
Habitat for Humanity ($7,500 per parcel).
In response to Mr. Shevock regarding whether Dr. Burden owned any other
properties in the City, Mr. Koenig stated that Dr. Burden owned a substantial amount
of property within the City.
Responding to Mr. Shevock as to whether either the write-off or the total lien amount
could be transferred to Dr. Burden’s other properties and attached for payment,
Mr. Koenig stated his belief that this could not be done. He expressed his opinion,
in the larger context of dealing with distressed properties, that this would not be a
good precedent to start and was unsure if the City could legally do this. Mr. Koenig
stated that staff had talked to Mr. William Pepper, Deputy City Solicitor, about this
particular transaction and there was no legal reason that the City could not transfer
a lien from one (1) property owner to another and then forgive the lien.
Mr. Koenig advised members that Dr. Burden had been working with staff and had
paid all of his FY 15 taxes. He stated his belief that Dr. Burden had paid FY 16 taxes
on all but the subject properties; therefore, progress had been made in a number of
areas. Mr. Koenig indicated staff’s belief that this land transfer would clear the water
in some cases and provide a fast forward to home ownership on these four (4) lots.
He stated that if the City continued to pursue the liens and forced a tax sale, there
would be no guarantee that those purchasing the properties would occupy them, as
they could be rentals. Mr. Koenig reiterated, under the proposal, that the City would
be virtually guaranteed home ownership.
Mr. Sudler stated that he was glad that Dr. Burden and the City of Dover had reached
an understanding and agreement and were working together.
The Committee recommended approval of Staff’s recommendation to authorize the
properties to be transferred from Dr. Joe Burden, Jr. to Central Delaware Habitat for
Humanity without collecting the City's liens against the properties in exchange for
a payment of $30,000 from Central Delaware Habitat for Humanity ($7,500 per
parcel).
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Disposition of City Owned Land – Property Located at 710 and 715 Slaughter
Street
Members were informed that the City of Dover acquired properties located at 710
and 715 Slaughter Street at a monition sale due to liens for taxes and demolition
expenses. Mr. Scott Koenig, City Manager, stated that these were excess properties,
as the City had no use for them and would be better served by the properties being
redeveloped and restored as taxable properties.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 30
Members reviewed the details regarding these properties as follows:
Address Land Area City Expenses and City's 2015
Other Charges Assessed Land
Value
710 Slaughter Street 0.1722 Acres $12,462.50 $39,400
(7,500 sq ft)
715 Slaughter Street 0.1079 Acres $8,653.75 $38,700
(4,700 sq ft)
Mr. Koenig stated that the City had been in an active demolition phase for some time
and was prepared to start releasing some properties for redevelopment. He advised
members that these two (2) properties lie outside the City’s Downtown Development
District, and the Central Delaware Habitat for Humanity, Inc. had not placed a high
priority on them. Mr. Koenig stated that it was Staff’s belief that a higher market
value could be recovered using the “Standard Method of Disposition” to dispose of
the properties, either through sealed bid or auction, in hopes of recovering in excess
of the demolition liens associated with them.
Staff recommended the following: 1) determining that the subject properties are
excess properties; and 2) authorizing the City Manager to dispose of the subject
properties using the “Standard Method of Disposition” of the Procedure for Sale and
Disposition of Real Property.
The Committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
Proposed Ordinance #2015-13 Amending Appendix B - Zoning, Article 3 -
District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2);
Article 4 - Zoning Bulk and Parking Regulations, Section 4.2 - RG-1 (General
Residence Zones); and Article 5 - Supplementary Regulations, Section 1 -
Supplementary Regulations Applying to Residence Zones
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
explained that proposed Ordinance #2015-13 was one (1) of the implementation
measures for the City’s Downtown Development District program and the Restoring
Central Dover plan. One (1) of the measures called for in the Restoring Central
Dover plan, as well as a number of other planning documents that preceded it, was
to allow flexibility of housing styles within the downtown area. Mrs. Townshend
advised members that the downtown neighborhoods were largely zoned RG-1
(General Residence Zone). The proposed ordinance would allow townhouses and
duplex dwellings as a conditional use. She indicated that several restrictions were
included to make sure that these dwellings would be on individual lots. The
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 31
ordinance also stated that no more than four (4) dwelling units would be allowed in
a group of townhomes and there would be separation between groups of townhomes.
Shared access or access from the alley would be encouraged when appropriate.
Referring to Lines #101-104 of the proposed ordinance, Mrs. Townshend stated that
the language was changed so that multiple dwellings, which is another term for
apartments, would be permitted only in the RG-2 (General Residence Zone) district,
not in the RG-1 district. She noted that this addressed one (1) of the challenges that
Staff had been dealing with for a number of years. As of 2006, the conversion of
homes to apartments was no longer allowed, but the ordinance amendment would
make it clear that apartments would not be a permitted use in the RG-1 zone, and any
such use there would be legal nonconforming.
Mrs. Townshend advised members that additional administrative waivers were
included in the ordinance. One (1) would allow minor lot line adjustments among
a finite piece of land as an administrative process as long as it meets the bulk
requirement, the minimum lot size, and the minimum lot width. Mrs. Townshend
noted that many lots in the downtown area do not meet the requirements; therefore,
there was a need to go to the Board of Adjustment just to reapportion existing land.
She explained that Section 2.6 (b), beginning on Line #152 of the ordinance, would
allow administrative discretion to make these adjustments if the number of lots was
not being increased. Mrs. Townshend explained, for example, that there may be
three (3) lots that are together and that have widths of 20 feet, 30 feet, and 25 feet.
This provision would allow these lots to be distributed more evenly without having
to go to the Board of Adjustment.
Mrs. Townshend advised members that the waiver recommendation in Section 2.6
(c) on Line #158 would allow parking surfaces other than hard-paved, dust-free
surfaces, as long as those parking areas were located in the rear yard. She explained
that there were many areas downtown where people were parking on the grass or dirt.
It was being suggested that staff be granted administrative discretion to allow stone
in the rear yard if these areas were off an alley. Mrs. Townshend stated that staff was
looking at the bulk standards, which are the lot area and lot width, and bulk standards
were proposed that would be more compatible with what was in the area rather than
being more suburban in nature.
In reference to Line #194, Mrs. Townshend explained that an infill lot is a vacant lot
in a developed area. She stated that supplementary regulations would be amended
to develop infill standards that would make it clear that on an infill lot, sidewalks,
some degree of landscaping, and a primary façade that fronts on the street would be
required.
Mr. Townshend stated that, as an amendment to the Zoning Ordinance, the proposed
ordinance would go to City Council for First Reading, to the Planning Commission
for a public hearing, and then would return to City Council with a recommendation
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 32
from the Planning Commission for a public hearing and final action. She noted that
there may be minor amendments during that process, but she did not expect
significant changes.
In response to Mr. Sudler, Mrs. Townshend stated that recycled asphalt that is
tamped and packed would be sufficient for alternative rear parking under the
ordinance amendment.
Responding to Mr. Hutchison regarding how many people can live in a townhouse,
Mrs. Townshend stated that the City does not regulate this number. She explained
that no more than five (5) unrelated people can live in any type of single-family
dwelling, whether attached, detached, or semi-attached. She noted that staff planned
to review all residential zones and some of the definitions that go with them in the
next year or so. Mrs. Townshend indicated that the provision regarding five (5)
unrelated people can, at times, create problems and Staff planned to look at how
other jurisdictions had treated this.
Mr. Hutchison stated that he supported the concept; however, he cautioned that Staff
should be very careful moving forward in this regard, noting that five (5) people can
mean five (5) cars.
In regard to Lines #172-#173 referencing lot width (ft.) per dwelling unit,
Mr. Anderson questioned if this referred to the total lot width. In response,
Mrs. Townshend stated this referred to the width of the house plus the land that goes
with that house. For example, noting that each house in a duplex has a side yard, she
stated that the lot width would include the side yard plus the house area.
Mrs. Townshend stated that townhouses do not have side yards, so the lot could not
be narrower than a 20-foot townhouse.
Responding to Mr. Sudler, Mrs. Townshend stated that a 20-foot wide townhouse
would not need 40 feet of parking but would need one (1) off-street parking place.
She indicated that the proposed ordinance would encourage access off the alley and
preserve the on-street parking. In this way, the rhythm of the downtown
neighborhoods would not be so intersected with driveways. Mrs. Townshend noted
that staff would have to deal with the definition of family when reviewing the
residential zones.
In response to Mr. Sudler, Mrs. Townshend stated that the size of the average parking
space for one (1) individual would be 9 feet by 18 feet.
The Committee recommended adoption of proposed Ordinance #2015-13.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 33
Semi-Annual Review - Statistics Regarding Jobs and Businesses Gained and
Lost in the City of Dover Since January 2015
The Committee deferred this item until the next meeting.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote.
By consent agenda, Mr. Neil moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mr. Cole and carried by a unanimous roll call
vote.
DISCHARGING THE AD HOC FINANCIAL AND OPERATIONAL ADVISORY
COMMITTEE
During the Regular Council meeting of November 12, 2013, the Ad Hoc Financial and Operational
Advisory Committee members were appointed to one (1) year terms to expire November 10, 2014.
The Committee was created to advise the Legislative, Finance, and Administration Committee, who
would in turn advise City Council as a whole on operations, financial issues, and organizational
structure within the City of Dover.
The Committee met four (4) times, the last time being April 17, 2014, and had since become
inactive. It was recommended that the Ad Hoc Financial and Operational Advisory Committee be
formally discharged.
Mr. Anderson expressed concern with discharging the committee without receiving their final report.
Responding, Mr. Slavin stated that he reached out to the chair of the committee and they indicated
that a final report would not be forthcoming.
Mr. Anderson expressed hope that the new committee of staff and City Council members that will
be reporting on cost savings in government will do due diligence and meet soon.
Mr. Anderson moved to discharge the Ad Hoc Financial and Operational Advisory Committee.
The motion was seconded by Mr. Sudler and unanimously carried.
FIRST READING OF PROPOSED ORDINANCE #2015-13 AMENDING APPENDIX B -
ZONING
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers or could be obtained from the City Clerk's Office. Since
the ordinance amends the Zoning Code, a public hearing is required. Staff recommended referral
of the amendments to the Planning Commission on September 21, 2015 and that a public hearing
take place during the Council Meeting of October 12, at 7:30 p.m., at which time, final action by
Council will take place.
Mr. Anderson moved to refer the amendment and set a public hearing before City Council for
October 12, 2015 at 7:30 p.m. as recommended by staff. The motion was seconded by Mr. Neil
and unanimously carried.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 34
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 #2015-13 Amending Appendix B - Zoning, Article 3 - District
Regulations, Section 2 - General Residence Zones (RG-1 and RG-2); Article 4 - Zoning Bulk
and Parking Regulations, Section 4.2 - RG-1 (General Residence) Zones; and Article 5 -
Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence
Zones
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE
#2015-14
A request was received for annexation and rezoning of properties located on the easterly side of
Nixon Lane consisting of .5171+/- acres (Lot 1) and 121 Acorn Lane, consisting of .4609+/- acres
(Lot 2), owned by Paul C. Phillips and Theresa HoShue. This property is currently zoned RS-1-
Single Family Residential (Kent County zoning classification) and the proposed zoning is R-8 - One
Family Residential (City of Dover zoning classification). Staff recommended that the request be
referred to the Utility Committee on September 14, 2015; to the Planning Commission on
September 21, 2015; and that a public hearing be set for October 12, 2015 at 7:30 p.m. (Tax Parcels:
ED-00-068.19-01-25.00-000 (Lot 1) and ED-00-068.19-01-25.01-000 (Lot 2); Council District: 3;
Planning Reference: AX-15-01).
Mr. Hare moved for referral, as recommended, seconded by Mr. Anderson and unanimously
carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
proposed Ordinance, as read by the City Clerk by title only, as follows:
ORDINANCE #2015-14 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED
ON NIXON LANE AND AT 121 ACORN LANE.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Sudler announced that there will be a second 4th District Quarterly meeting in partnership with
Dover Community Action Forum (DCAF) and Mount Zion AME Church and Social Action
Commission on Tuesday, September 8, 2015 from 7:00 p.m. to 9:00 p.m. at the Mount Zion AME
Church, 101 North Queen Street. He stated that the topic is the current form of government versus
the proposed strong mayor/city council form of government and encouraged all residents from all
districts to participate.
Mr. Lewis announced that the 2nd District will be having a community meeting on Saturday,
September 12, 2015 at 2 p.m. at Victory Christian Fellowship, 18 Greenhill Avenue. The meeting
is being held to hear the concerns of the constituents in the 2nd district.
Mr. Anderson announced that the Kent County Economic Summit would be held on
September 22, 2015 at Delaware Tech. He noted that it is an important event and encouraged
members of the city and the business community to be well engaged in the summit.
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CITY COUNCIL MEETING OF AUGUST 24, 2015 PAGE 35
Mr. Sudler announced that, as a newly elected Council person, he is very proud of the City Manager,
the Department Head, the City Planner, and all the City officials and State legislators who
participated in the Lincoln Park and Simon Circle walk through the previous Saturday. He noted that
they not only had a really good time, they were also able to identify issues that can be rectified.
Mr. Sudler especially thanked 1st District Councilman Hosfelt and Council President Slavin for
taking on a role of leadership and keeping them together and focused. He stated that he feels very
proud to be a City Councilman and he hopes that they continue the momentum and continue to
function as one, united.
Mr. Hutchison announced that the State Firemen’s Parade would be held on September 19, 2015
from noon to 4:00 p.m. beginning in front of Legislative Hall. He also announced that the Dover
Fire Department will have open house on October 10, 2015 beginning at noon.
Mr. Sudler moved for adjournment, seconded by Mr. Hosfelt and unanimously carried.
Meeting adjourned at 8:17 P.M.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of August 24, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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