Minutes

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on August 22, 2011 at 6:00 p.m. with Chairman McGlumphy presiding. Members present were Mr. Anderson (arrived at 6:08 p.m.), Dr. Jones, and Mr. Shevock. Mr. Hare was absent. Members of Council present were Mr. Bonar, Mr. Hutchison, Mrs. Russell (arrived at 6:29 p.m.), Mrs. Williams, and Council President Leary. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Dr. Jones moved for approval of the agenda, as presented, seconded by Mr. Shevock and unanimously carried. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of a Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there were no positions to consider, the item could be removed. Dr. McGlumphy noted that there were no critical positions to consider. Review of Draft Analysis of Impediments to Fair Housing Choice Members were advised that the Delaware State Housing Authority, the City of Wilmington, the City of Dover, and New Castle County have collaborated to prepare an Analysis of Impediments to Fair Housing Choice. As a federal entitlement community that receives Community Development Block Grant (CDBG) funding from the Department of Housing and Urban Development (HUD), the City is required to certify that funds will be carried out and administered according to the Fair Housing Act, and that due diligence is made to affirmatively further fair housing. It was noted that HUD defines an impediment to fair housing choice as any actions, omissions, or decisions that restrict, or have the effect of restricting, the availability of housing choices based on race, color, religion, sex, disability, familial status, or national origin. Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the consulting firm of Mullin & Lonergan Associates (M&L) was contracted to conduct the Analysis of Impediments. The analysis included a review of each entitlement community’s laws, regulations, and administrative policies and procedures affecting the location, availability, and accessibility of housing. She stated that M&L has developed a Fair Housing Action Plan which outlines the impediments for Dover and provides recommendations and strategies in order for the City to meet fair housing goals. Mrs. Townshend explained that although Dover Housing Authority is a separate entity from the City, they have been included in this study because they are a federal entitlement community located within the City’s jurisdiction and will ultimately be responsible for addressing their impediments. Approval and implementation of the Fair Housing Action Plan will preserve the City’s eligibility for funding from HUD and protect the City in the event of litigation relating to fair housing. Mrs. Townshend and Mrs. Tracy Harvey, Community Development Director, reviewed a Presentation of the Analysis of Impediments to Fair Housing Choice (Attachment #1). Staff recommended approval of the report recommendations.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 2 In response to Mr. Anderson, Mrs. Townshend stated that the current definition of family, in this context, is “not more than five (5) unrelated people functioning as a household, not including a butler.” She explained that the difficulty is determining whether or not people are functioning as a household. Mrs. Townshend indicated that staff plans to conduct research on this topic and will submit an ordinance to redefine “family.” Mr. Anderson felt that there should not be any amendment that would hinder college students who are residing together from obtaining affordable housing, noting this is a very important industry for the City. Responding to Dr. Jones, Mrs. Harvey advised members that 2012 timelines were provided for some of the Strategies to Address Impediments since the consultants felt that these measures could be implemented within one (1) year; however, others were assigned a later date for completion since the Comprehensive Plan will not be released until 2014. She noted that the consultants suggested a five (5) year timeframe for implementation of many of the strategies. Mrs. Townshend explained that she and Mrs. Harvey plan to set annual goals for achievement of the objectives listed. Dr. Jones moved to recommend approval of the report recommendations, seconded by Mr. Anderson and unanimously carried. Discussion - Hotel/Motel Tax Mr. Scott Koenig, Interim City Manager, stated that staff is beginning the preparation of the FY2013 Budget, which will begin July 1, 2012. As part of the process, staff will review potential revenue sources and expenses. Mr. Koenig noted that there was discussion during several Council Retreats regarding the possibility of instituting a hotel/motel tax for the City of Dover. As a result, staff conducted research on this topic. Mr. Koenig advised members that the State of Delaware, Rehoboth Beach, Lewes, Wilmington, Fenwick Island, Bethany Beach, and Dewey Beach have implemented some form of hotel/lodging tax. Title 30, Chapter 61, Lodging Tax, of the Delaware Code imposes an excise tax at the rate of 8% of the rent upon every occupancy of a room or rooms in a hotel, motel, or tourist home within the State. The proceeds from this tax are distributed as follows: 5% to the State General Fund, 1% to the Beach Preservation Program of the State Department of Natural Resources and Environmental Control, 1% annually is designated in the proportion in which it was collected to the duly established convention and visitors bureau in each county, and 1% to the Delaware Tourism Office. Mr. Koenig advised members that, in accordance with Title 22, Chapter 9 - Municipal User Tax, the State authorizes any municipality with a population greater than 50,000 to impose a lodging tax of no more than 3% of the rent, in addition to the amount imposed by the State, for any room or rooms in a hotel, motel, or tourist home (as defined in SS6101 of Title 30) located within the boundaries of the municipality. He stated that Wilmington uses this statute to levy a 2% tax. According to discussions with Mr. Robert Greco, Budget Director in Wilmington, he stated that the implementation of the tax did not have an impact on occupancy rates in the five (5) hotels in Wilmington. Mr. Greco stated that occupancy rates actually increased after the tax was implemented and revenue from this tax is approximately $500,000 per year. He noted that other municipalities recover the tax through a gross receipts business license tax.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 3 Mr. Koenig indicated that there are 22 hotels/motels within Dover corporate limits and complete information pertaining to the number of rooms and rates was obtained for 16 hotels/motels. In order to estimate the revenue that would be generated from a 1% or 2% hotel tax, staff polled the internet for room rates of the hotels/motels known to be in Dover’s corporate limits. Mr. Koenig noted that staff averaged the room rates for each hotel/motel and full occupancy for one (1) day was calculated. According to information from Pricewaterhouse Coopers LLP (1958 to 1986) and Smith Travel Research (1987 to 2007), the average hotel occupancy rate in 2009 was projected to be over 58 %. Staff prepared estimates based on both a 50% and 25% occupancy rate for the city’s hotels/motels. Based on a 50% occupancy rate for the 16 hotels/motels, a 1% tax could yield approximately $426,000 in revenue for the City. A 2% tax could yield approximately $853,000. Based on a 25% occupancy rate, the estimated revenue is as follows: a 1% tax could yield approximately $213,000; a 2% tax could yield approximately $426,000. Mr. Koenig reviewed potential options for implementing a proposed tax, as follows: OPTION 1: Adopt the fee through ordinance as the beach area municipalities have. It appears that this may be considered a business license based on gross receipts. An option to consider may be changing the way Dover charges for hotel business licenses. Under the current method, the City of Dover charges a flat fee of $7 per room and $9 per suite. Based on our current revenue method, we receive approximately $15,869.90 annually. As stated above, our revenue estimates using a gross receipts tax method and depending on occupancy and a percentage of tax, would be between approximately $853,000 and $213,000. Adopting this method would not allow taxable entities to pass this charge onto lodgers without raising advertised fees. OPTION 2: Seek a change under State Code Title 22 through state legislation by removing the population requirement of 50,000. This would allow the tax for all municipalities in the State. The charge could be passed on to lodgers without raising hotel rates. This option would need to be pursued though our State representatives. In addition, Mr. Koenig stated that staff would recommend that a certain percentage of revenues received be dedicated to the Kent County Tourism Office. The percentage should be proportional to the reservation of revenue to the Delaware Tourism Office under the state excise tax. Dr. McGlumphy noted the receipt of correspondence regarding the issue of a hotel/motel tax (Attachment #2). Mr. Scott Kidner, Delaware Hotel Lodging Association, stated that there were several individuals present wishing to address members to explain why the Hotel Lodging Association, local businesses, and the hotel and lodging industries are opposed to a proposal to institute a hotel/motel tax in the City.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 4 Mr. George Fiorile, Chairman of the Delaware Hotel Lodging Association and Vice-President/General Manager of Dover Downs Hotel/Casino, advised members that Wilmington’s hotel/motel tax was enacted approximately six (6) years ago, at the height of the economic boom and before the recession. He also noted that the City of Wilmington regularly hosts many major Fortune 500 companies. Mr. Fiorile read a statement and provided members with an analysis conducted in 2008, as well as The Tax Institute Travel Report from April 2011 (Attachment #3). Mr. Gordon Basht, Director of Hotel Sales at Dover Downs Hotel and Casino, read a statement into the record (Attachment #4). Mr. Victor Schimp, General Manager of the Sheraton Dover Hotel and Chairman of the Board of Directors for the Central Delaware Chamber of Commerce, advised members that the hotel/motel tax issue is a critical issue to the industry and read a statement into the record (Attachment #5). Ms. Cindy Small, Executive Director of Kent County Tourism, noted that a letter has been submitted from the Board of Directors in opposition to the proposed tax (see Attachment #2). Referring to the amount of revenue projected for Rehoboth Beach ($720,000) and Bethany Beach ($892,000), she stated that these figures include taxes imposed on short-term rental units, which are completely different from hotels/motels; therefore, the data does not reflect an accurate comparison. Ms. Small noted that, according to the most recent data on visitation in Sussex County (beach resorts), only 30% of visitors actually stay in hotels and 70% in short-term rental units. In addition, she stated that for Fiscal Year 2010 and 2011, the 1% lodging tax for all of Kent County (not just the City of Dover) amounted to $254,862. She reminded members that during these difficult economic times, the hotel community is struggling to make ends meet and keep people employed. She urged members to consider all the information provided. Mr. Kishor Sheth, Owner of Super 8 and Fairfield Inn Hotels, explained the difficulty and costs associated with the hotel/motel business. He noted that many owners are leaving the hotel business and and that the closing of hotels in the City affects property taxes collected. In addition, Mr. Sheth reminded members that the Capital School District recently imposed a tax increase. He advised members of the many steps taken by owners in an attempt to save money. Mr. Sheth questioned where hotel/motel business owners are to obtain additional money to pay for the additional fees and cautioned members that many owners will be forced to leave the business. He requested that members reconsider the proposed action, noting that instituting such a tax may discourage entrepreneurs from considering Dover as a place to conduct business, and warned members of the ripple affect this could create in the community. Ms. Judy Diogo, President of the Central Delaware Chamber of Commerce, noted that members have heard from the hotel community regarding the impact the proposal could have on them; however, she relayed concern with the impact the proposal could have on the City of Dover. She advised members that the Chamber feels that the proposal would provide a short-term gain with a long-term loss, explaining that many hotels/motels are already in financial trouble, which could affect the City’s property tax revenue, as well as gross sales tax. Ms. Diogo noted that the City is

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 5 attempting to become an “A-Rated Community,” which will create a need to meet certain criteria and require a marketing campaign to change attitudes. She stated that it is the Chamber’s suggestion that the City partner with the hotel industry, which already has huge marketing budgets and does a good job in this regard. She felt that such a partnership would assist the City in achieving the desired “A” rating. Mr. Tom Smith, owner of Delaware Made, read a statement into the record (Attachment #6). Noting that there was no one else wishing to speak, Dr. McGlumphy suggested that anyone wishing to submit correspondence or further information do so. Mr. Bonar questioned the amount of funds brought into the City from the fees for hotel/motel licenses. Responding, Mr. Koenig stated that, currently, approximately $15,000 is collected from 22 hotels. Mr. Bonar explained that the principal functions of City Council are to balance the budget and provide the best services possible. He indicated that one of Council’s additional purposes is to provide dialogue and new ideas, and that this suggestion was brought forward for this reason. Mr. Bonar requested that the members of the hotel/motel association consider that the City has a $5M deficit. He stated his feeling that raising hotel/motel taxes a minimal amount would be reasonable, versus having to increase property taxes by 15% to 20%. Although he understood the dilemma which has been created by the economic decline, City Council has the responsibility to balance the City’s budget, which will not be accomplished by cutting and laying off employees. Mr. Bonar stated that it would take a concerted citizen and business effort to assist in the balancing of the City’s budget. He stated that the proposed hotel/motel tax is just one possible means of raising additional revenue. Mr. Hutchison stated his strong opposition to a hotel/motel tax. He acknowledged that Council has critical issues that need to be addressed; however, it was his opinion that were other means to address the issues and that the City should “clean house” first. He felt that the hotel/motel industry has contributed greatly to the City’s success. Mr. Hutchison agreed that Council will have difficult decisions to make in the near future; however, he did not feel that an additional burden on the hotel/motel industry should be considered. Dr. Jones relayed her concurrence with Mr. Hutchison and suggested that City staff look within for possible savings. She thanked those individuals who addressed members and stated that, based on information provided, the City should conduct additional research into this matter. There was no recommendation submitted by the Committee. City Clerk’s Office Note: Due to time constraints, the remainder of the agenda items were deferred for consideration by the Committee during their next meeting.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 6 Mr. Shevock moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting Adjourned at 7:12 P.M. Respectfully submitted, William P. McGlumphy Chairman WPM/AC/jg/js/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-22-2011 LFA.wpd Attachments Attachment #1 - Presentation of the Analysis of Impediments to Fair Housing Choice Attachment #2 - Correspondence - Hotel/Motel Tax Attachment #3 - Statement read by Mr. George Fiorile and Attachments: 2008 Analysis and The Tax Institute Travel Report dated April 2011 Attachment #4 - Statement Read by Mr. Gordon Basht Attachment #5 - Statement Read by Mr. Victor Schimp Attachment #6 - Statement read by Mr. Tom Smith

ATTACHMENT #1 LF&A Committee Meeting of 08/22/2011 Analysis of Impediments to Fair Housing Choice August 22, 2011 ATTACHMENT #1 Legislative, Finance & Administration Committee LF&A Committee Meeting of 08/22/2011

Background  Dover is an “entitlement” community that receives Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD)  Required to administer funds in accordance with the Fair Housing Act and certify our commitment to Affirmatively Further Fair Housing (AFFH)

Obligations to AFFH  Conduct an Analysis of Impediments to Fair Housing Choice  Develop actions to address the impediments identified  Maintain records of actions in this regard

2011 Analysis of Impediments  City of Dover joined with other entitlement communities – State of Delaware – New Castle County – City of Wilmington  Statewide Analysis of Impediments  Review of codes, regulations, policies, etc.

Fair Housing Choice  Federal law – ability of persons, regardless of race, color, religion, sex, disability, familial status, or national origin, of similar income levels to have available to them the same housing choices.

Strategies  Enforce the City's Section 3 policy to ensure that employment opportunities generated by HUD assistance are directed towards public housing residents and LMI residents.  Strengthen partnerships with local lenders that will offer homebuyer education and other incentives to purchase a home in the City.  Identify effective ways to increase homeownership among minorities, residents of low/mod census tracts, and low/mod residents.  Map the location (impacted areas vs. non impacted areas) of all new CDBG assisted housing projects as part of the Consolidated Plan process.

Strategies  Expand incentives for property owners and investors to build new affordable rental and owner units in the non-concentrated areas of the City.  Facilitate and promote land use policies and regulations that enable an increase in the supply of affordable rental housing in areas with adequate infrastructure.  Encourage landlords that are registered through the City's Rental Dwelling Housing Inspections Program to attend fair housing training. Work collaboratively with other jurisdictions to facilitate, coordinate, and market fair housing trainings.

Strategies  Amend the City’s FY 2010-2014 Consolidated Plan and FY 2010 Annual Plan to include a definition of racially and ethnically concentrated areas that is consistent with the definition provided in the AI.  Inclusion of responsibility and commitment to Affirmatively Further Fair Housing in 2013 Comprehensive Plan

Strategies  Amend the City's zoning ordinance to include a more modern definition for the term "family."  Amend the City's zoning ordinance to remove undue restrictions on group homes.  Obtain information from current board members to document race, gender, ethnicity, disability status, and familial status.  Conduct a more in-depth analysis of HMDA data to determine if discrimination is occurring against minority applicant households.

ATTACHMENT #2 LF&A Committee Meeting of 08/22/2011

ATTACHMENT #3 LF&A Committee Meeting of 08/22/2011

ATTACHMENT #4 LF&A Committee Meeting of 08/22/2011 Good Evening- My name is Gordon Basht, Director of Sales at Dover Downs Hotel & Casino. My role; along with my staff at Dover Downs is to find organizations such as Groups, Conventions, Corporations and Motorcoach Companies to come to Dover Downs and the CITY Dover. I am here tonight to discuss the disadvantages of imposing additional occupancy taxes on all of our groups and guests. Over the past few years we have been fortunate to finally place Dover Downs Hotel & Casino, Kent County, and the City of Dover, as the premiere destination for National and Regional Conferences/Conventions and the Motorcoach Market. Since starting at Dover Downs Hotel & Casino, persuading these groups to select our location has not been an easy task. This is due primarily due to the following constraints that are forced upon us: Lack of Public Transportation No Commercial Airport or Regional Rail Service and Dover being classified as the 3rds tier destination

Overtime we have been able to show the value of selecting Dover Downs, Kent County and the city of Dover, by highlighting our  Attractions  History  Culture  Affordability  Friendly customer service,  Tax-Free shopping  AND most importantly our LOW Occupancy tax. With the state of the economy over the past several years, meeting planner and site selection committees have been scrutinizing every financial aspect involved in planning these events. For example here are some new and repeat conferences we were recently awarded PRIMARILY due to Delaware’s lower occupancy tax.  Mid-Atlantic College Stores- 300 room nights (Hyatt Chesapeake-13.5%)  Multiple District Lions- 535 Rooms (Salisbury, MD 13.5%)  Chrysler’s Mid-Atlantic Dealer Conference 400 room nights (Trump-Taj Mah 14%)  Baystate Pool Supply- 500 room nights (Mohegan Sun- 15 %)  New Jersey Campground Owners Conference 250 room nights (Caesars, Atlantic City 14 %)

 PennDel Affordable Housing Conference 350 Room nights (Valley Forge 9%) And not to mention, ONE of Delaware largest Conferences ...The International Arson Investigators Conference coming this April with 2340 rooms night. We were primarily selected over the Hershey Lodge (11%) due to our low occupancy tax. Now let’s look at the scenario when the state of DELAWARE IS SELECTED to be the host state, Enacting the additional tax will NOW persuade the planners to select hotels outside the City of Dover - who do not face the challenges listed above. In closing, as you can see by increasing the existing occupancy tax, will deter potential business opportunities in the Group/Convention Market. The planner will feel there are no benefits to come to Dover, Delaware, as they are enduring the same tax structure as they would if they selected a 1st or 2nd tier city, and not to mention they will still have to deal with the “transportation issue”. Thank you.

ATTACHMENT #5 LF&A Committee Meeting of 08/22/2011 Leg & Fin Committee Meeting City Hall 8/22/11 Speaking Points: • Good evening committee members, my name is Victor Schimp and I am the General Manager of the Sheraton Dover Hotel and the Chairman of the Board of Directors for the Central Delaware Chamber of Commerce. Thank you for allowing me the opportunity to speak before you tonight. • The CDCC is in strong opposition to a gross receipts tax or city hotel tax-the committee should have received a letter stating this opposition • Creates an unfair competitive disadvantage for the city hotels • Customers are extremely price sensitive when looking where to spend their disposable income • Dover is not a resort/metropolitan area where a city tax may or may not be warranted-we depend on being competitive with rates and low lodging taxes. • Dover does not have enough demand drivers to justify a city tax- we are not a resort, Philadelphia, Washington D.C. New York City, etc. • The Kent County lodging community has been experiencing the “perfect storm” for the last nearly four years-increased supply and decreased demand • Increased supply as a result of the post 911 long term military presence where new properties came on line • Decreased demand-the recession that began in late 2007 • Please look at the chart titled “Kent County Lodging Report 2006-2011” • OCC% ADR RevPar discussion...What is RevPar? • Based on these numbers why would the City consider taxing an industry already distressed and trying to keep their head above water. • Committee members... the lodging community implores you to reconsider and withdraw this gross receipts or city hotel tax immediately. Hotels and the constituents that work in them are depending on this committee to do the right thing for the sake of their jobs. • Thank you.

ATTACHMENT #6 LF&A Committee Meeting of 08/22/2011