This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
Page 1
ANNUAL COUNCIL MEETING
REVISED
AGENDA
May 8, 2006 - 7:30 P.M. - Council Chambers - City Hall - City of Dover
INVOCATION BY REVEREND JOHN G. MOORE, SR.
PLEDGE OF ALLEGIANCE
AGENDA ADDITIONS/DELETIONS
1. Adoption of Minutes - Regular Council Meeting of April 24, 2006
2. Proposed Resolution/Presentation - Robert M. Sadusky
3. Oaths of Office - Administered by The Honorable Henry DuPont Ridgely - Justice, Supreme
Court
Mayor - Stephen R. Speed
Council - First District - Beverly C. Williams
Council - Second District - William P. McGlumphy
Council - Third District - Timothy A. Slavin
Council - Fourth District - Sophia R. Russell
4. Election of Council President/Vice-Mayor
5. Recess (for photographs) - Mayor and Council
* CONSENT AGENDA
Those items on the Council Agenda which are considered routine and non-controversial shall be marked
with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no
separate discussion of these items unless a member of Council so requests, in which event the matter shall
be removed from the Consent Agenda and considered a separate item.
6. Proclamations
A. Military Spouse Appreciation Day
B. Foster Care Month
7. Proposed Resolution/Presentation - Janice C. Green
8. State of the City Message - Mayor Stephen R. Speed
Page 2
Council Agenda
May 8, 2006 Page 2
9. Rezoning - Final Reading - Property located north of but not adjacent to College Road, north
of Raymond Street and east of the railroad corridor and Railroad Avenue with the eastern
boundary of the subject area being the St. Jones River, consisting of four (4) parcels containing
30.776+/- acres (owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex
Company, LLC.) (Council Deferred Action During Their Regular Meeting of April 24, 2006)
Final Reading of Proposed Ordinance to amend the zoning designation from IG - General
Industrial, RS-1 - Single Family Residential, and RMH - Residential Manufactured Home (Kent
County) to M - Manufacturing (City of Dover) The First Reading of the proposed ordinance was
accomplished during the Council Meeting of February 13, 2006
10. Utility Committee Report - April 24, 2006
* A. Annexation Request - 1600 North Little Creek Road, Owned by Christopher J. and
Rebecca R. Raubacher
B. Bayard Avenue Water Main Project - Time and Cost Estimate
* C. Internal Controls for Time and Material Projects
* 11. Safety Advisory and Transportation Committee Report - April 25, 2006
A. Authorization to Purchase - Reverse 911 Telephone System (Police)
B. Public Hearing - Parking of Boats, Motorhomes, Trailers, etc. in Residential
Neighborhoods
* 12. Approval of CDBG 5-year Consolidated Plan and Proposed Resolution
* 13. Council Appointments - 2006/2007
A. Building Inspector
B. City Clerk
C. Assistant City Clerk
D. Fire Marshal
E. City Planner
F. City Solicitor
G. Deputy City Solicitor
H. Tax Assessor
I. Treasurer/Finance Director
J. Assistant Treasurers
14. Committee Appointments - Council President
A. Legislative, Finance, and Administration Committee
B. Parks, Recreation, and Community Enhancement Committee
C. Safety Advisory and Transportation Committee
D. Utility Committee
E. Civilian Pension Board
F. Construction Code Board of Appeals
G. Police Pension Board
Page 3
Council Agenda
May 8, 2006 Page 3
15. Miscellaneous Appointments - Council President
A. Chamber of Commerce & Greater Dover Committee Liaison Members
B. City/County Liaison Committee
C. Kent County Tourism
* 16. Committee Appointments - Mayor
A. Dover 4th of July Celebration Committee
B. Dover Public Library Advisory Commission
C. Downtown Dover Development Corporation
D. Election Board
E. Housing Code Board of Appeals
F. Silver Lake Commission
* 17. Authorization Signature Resolution
18. Annexation/Rezoning Request - First Reading (Recommended for referral to the Utility Committee on
May 22, 2006, the Planning Commission on June 19, 2006, and that a Public Hearing be set for
July 24, 2006 at 7:30 p.m.)
A. Property located on the south side of Forrest Avenue, approximately 1,425.5 feet west
of Mifflin Road, containing 101.55+/- acres, owned by Donald M. Carey and Nancy
Baker. The present zoning classification is AC - Agricultural Conservation and
RS-1 - Single Family Residence (Kent County) and the proposed zoning classification
is R-10 - One Family Residence (City of Dover)
B. Property located on the south side of Forrest Avenue, approximately 1,495.5 feet west
of Mifflin Road, containing 5.0+/- acres, owned by Edwin B. Baker, III, Donald Carey,
and Ruth Carey. The present zoning classification is RS-1 - Single Family Residence
(Kent County) and the proposed zoning classification is A - Agricultural (City of
Dover)
19. Council Members Announcements
/tm
S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2006\05-08-2006 Revised.wpd
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO
INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
Page 4
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 24, 2006 at 7:30 p.m. with Council President
Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mrs. Russell,
Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Deputy Fire Chief Osika,
Mr. DePrima, Deputy City Solicitor Pepper, Mrs. Green, and Mayor Speed (departed at 9:18 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Williams declared the Open Forum in session and reminded those present that
Council is not in official session and cannot take formal action.
Ms. Pauline Koff and Mr. Robert Hollingsworth of Mallard Pond requested that members provide
improvements to their neighborhood and surrounding areas, which would include an improved
walkway to the park and drainage at the end of the walkway. Whenever there is heavy rain, it
becomes flooded at the foot of the walkway making it impassable. Ms. Coff also advised members
that there is a problem with litter in the area and that the lake is in need of algae clearing. She also
noted that the drainage ditches need cleaning. At the Marsh Creek Lane entrance of the park, the
residents feel it would be advantageous to have a designated parking area. There should be signage
erected warning visitors that snapping turtles live in the area and other signs reminding those who
brings their dogs to cleanup any excrement.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Williams requested the deletion of item #8E - Monthly Report for the Robbins
Hose Company No. 1 at the request of Chief Bashista.
Mr. Carey requested the deletion of item #12 - Power Supply and Plant Management Contracts. He
explained that it was anticipated that a final agreement could be presented at this time; however,
during the executive session held earlier in the evening, Dover’s consultant presented several matters
that require further refinement which would make a final recommendation at this time premature.
Mr. Carey stated his expectation that the matters discussed during this executive session would be
resolved in a timely manner and a final agreement would be available to Council in the near future.
Mr. Salters requested the deletion of item #13 - Clarification of Policy for Training and Conference
Reimbursement - Explanation of Request for Reimbursement for Attending Organizational
Leadership and Behavior Course. He requested that this matter be referred to the Legislative,
Finance, and Administration Committee for their review and recommendation.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Salters and
unanimously carried.
Page 5
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 2
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters
and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 10, 2006
The Minutes of the Regular Council Meeting of April 10, 2006 were unanimously approved
by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of
Mayor Speed.
CERTIFICATE OF RECOGNITION - HOUSE OF PRIDE
Mayor Speed presented a Certificate of Recognition to Ms. Marian Harris, as well as staff and clients
of the House of Pride for the service given to those in need, particularly those efforts to provide
shelter to the homeless during the inclement weather this past winter. The following Certificate of
Recognition was read into the record by Mayor Speed:
Certificate of Recognition
presented to
Marian Harris
Staff & Clients of the House of Pride
for years of dedication, support and service given to those in need.
Your efforts to provide shelter to the homeless during the inclement
weather are sincerely appreciated.
The City of Dover extends sincere thanks and best wishes.
Monday, April 24, 2006
Ms. Harris thanked the Mayor and City Council for the recognition and those members of her staff
who assisted with these efforts. She also recognized Mr. Jack Willis from Wesley United Methodist
Church who coordinated the volunteers who also assisted with these efforts.
PROCLAMATION - DOVER HIGH SCHOOL BOYS LACROSSE WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, by playing lacrosse, many young men cultivate strong moral and athletic character by
dedicating themselves to countless hours of physical conditioning and practice drills in order to
perform at their best; and
WHEREAS, the discipline they develop both on and off the lacrosse field sets a good example for
other young men to follow; and
WHEREAS, more than ever, the youth in our community need the strong and constructive guidance
athletic programs offer and the valuable lessons on how to be good sportsmen; and
Page 6
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 3
WHEREAS, team oriented sports programs help young people develop the essential traits and
characteristics that comprise good character and help them become valued members of society; and
WHEREAS, on April 26 and April 28 at 4:00 P.M., the Dover High School Boys Lacrosse team will
host two visiting boys high school lacrosse teams.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE,
do hereby proclaim the week of April 24, 2006 as Dover High School Boys Lacrosse Week and urge
the citizens of Dover including students from Dover High School and other Capital School District
schools to show their support of the Dover High School Boys Lacrosse team by attending the home
games scheduled on April 26 and April 28 at 4:00 P.M. and to recognize the outstanding efforts
made by these young men to participate in the physically demanding sport of lacrosse for Dover
High School.
Mayor Speed presented the Proclamation to Mr. Bill Malone (President) and Mr. Ron Silverio (Vice-
President).
Mr. Malone relayed appreciation for the recognition, advising members that although Lacrosse may
not be as well known as football and basketball, it is known as the fastest sport on two (2) feet. He
invited everyone to attend an upcoming game and lend their support to the students who participate.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting and
appreciation of trees; and
WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world;
and
WHEREAS, the City of Dover was once again named a Tree City USA in 2005 for the seventeenth
consecutive year by the National Arbor Day Foundation; and
WHEREAS, once again the City of Dover has applied for and received funds to plant more than 160
trees through the Weed & Seed and the Urban & Community Forestry Programs; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating
and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for
wildlife; and
WHEREAS, in 2005, the City of Dover also received a grant through the Delaware Coastal Program
to fund a comprehensive tree inventory and management plan. This plan enables the City to assess
the condition of existing trees, give priority to the trees that need the most attention and plan for
future tree planting and maintenance; and
Page 7
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 4
WHEREAS, the planting and caring for trees is a very special gift that one generation gives to the
next.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby
proclaim April 28, 2006 as Arbor Day in the City of Dover, and urge all citizens to support the
efforts to care for our trees and woodlands.
Mayor Speed presented the Proclamation to Mr. Bill Cooper, Grounds Superintendent, and relayed
appreciation for staff’s phenomenal job in making the City of Dover a beautiful City.
Mr. Cooper advised members that staff takes trees seriously in the City, especially with the two (2)
Arborists, Mr. Dave Morgan and Mr. James Lewis, who are very dedicated employees. He invited
the public, Mayor, and Council to help plant trees on Arbor Day, Friday, April 28, 2006, at
11:30 a.m. at Park Drive.
PRESENTATION - CITY OF DOVER FLOWER DISPLAY (BILL COOPER)
Mr. Cooper, Grounds Superintendent, presented a Power Point Presentation of the City of Dover
Flower Display (Exhibit #1).
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY
LOCATED NORTH OF BUT NOT ADJACENT TO COLLEGE ROAD, OWNED BY
COLLEGE ROAD MANAGEMENT, INC., KENT STORAGE FACILITIES, LLC, AND
LORALEX COMPANY, LLC
An annexation referendum was held on April 13, 2006 for property located north of but not adjacent
to College Road, north of Raymond Street and east of the railroad corridor and Railroad Avenue with
the eastern boundary of the subject area being the St. Jones River, consisting of four (4) parcels,
containing 30.776+/- acres, owned by College Road Management, Inc., Kent Storage Facilities, LLC,
and Loralex Company, LLC.
Referendum Results
The City Clerk reported that the referendum was held with one (1) vote cast in favor of the
annexation, and no votes cast against annexation.
Mr. Carey moved to accept the referendum results, seconded by Mr. Sadusky and
unanimously carried.
Annexation
By motion of Mr. Carey, seconded by Mr. Slavin, Council adopted the following Resolution
by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE
CITY OF DOVER.
Page 8
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 5
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said
City after a special election of the qualified voters and real estate owners of the territory proposed
to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of
Dover to include an area contiguous to the present City limits, and hereinafter more particularly
described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an
election held in a territory proposed to be annexed shall be in favor of inclusion of that territory
within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said
territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of
Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL THAT TRACT PIECE OR PARCEL of land situated in the East Dover Hundred, Kent County
and State of Delaware and being more particularly described as follows:
COMMENCING at a point on the easterly line of the Delaware Railroad Company at its intersection
with the northerly right-of-way of College Road (variable width right-of-way) and being the
southwest corner of lands now or formerly belonging to Delaware State College as recorded in deed
Book U, Volume 52, at page 253; thence the following two courses and distances: 1) N 22-52'-34"
W along the easterly line of said Delaware Railroad Company lands for a distance of 381.38 feet to
a point being the northwest corner of said Delaware State College lands; 2) N 67-24'-13" E along the
northerly line of said Delaware State College lands for a distance of 35.00 feet to a point being on
the easterly right-of-way of Railroad Avenue (35 foot wide right-of-way) and the southwest corner
of the parcel herein described to the TRUE POINT OF BEGINNING: thence n 22-52'-34" w
ALONG THE EASTERLY RIGHT-OF-WAY OF SAID Railroad Avenue for a distance of 1,085.09
feet to a point being on the southerly line of lands now or formerly belonging to Marian F. Smith and
Martha E. Baynard as recorded in deed Book U, Volume 36 at page 95 and Will Book IS, Volume
22 at page 445 and being the northwest corner of the lands herein described; thence N 46-30'-26"
E along the southerly bounds of said Smith and Baynard for a distance of 1,305.12 feet to a point
in the centerline of the Saint Jones River, also known as the Dover River and Fork Branch; thence
southerly along the centerline of the Saint Jones river the following twelve courses and distances:
1) S 56-11'-34" E for a distance of 112.22 feet;
2) S 12-39'-00" E for a distance of 170.04 feet;
3) S 13-06'-47" E for a distance of 139.98 feet;
4) S 00-32'-36" E for a distance of 79.38 feet;
5) S 03-13'-28" E for a distance of 83.29 feet;
6) S 74-32'-12" E for a distance of 65.67 feet;
7) S 42-36'-43" E for a distance of 221.72 feet;
8) S 43-22'-37" E for a distance of 148.00 feet;
Page 9
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 6
9) S 40-20'-24" E for a distance of 106.69 feet;
10) S 80-17'-38" E for a distance of 89.65 feet;
11) S 58-50'-04" E for a distance of 126.37 feet;
12) S 45-09'-26" E for a distance of 42.51 feet to a point being on the northerly right-of-
way of Jason Street (35 foot wide right-of-way); thence S 56-40'-15" W along the northerly right-of-
way of said Jason Street for a distance of 648.40 feet to a point being the southeast corner of lands
now or formerly belonging to The Mishoe Trust being Parcels ‘H’ and ‘I’ as recorded in deed Book
C, Volume 54, at page 162; thence along the Mishoe Trust lands the following four courses and
distances; 1) N 23-27'-10" W for a distance of 310.52 feet to a found concrete monument; 2) S 56-
37'-50" W for a distance of 475.00 feet to a found concrete monument; 3) S 23-27'-10" E for a
distance of 113.50 feet to a found concrete monument; 4) S 57-12'-26" W for a distance of 238.53
feet to a point on the westerly right-fo-way of the former Grove Street and the lands herein
described; thence S 22-52'-34" E along the westerly right-of-way of the former Grove Street for a
distance of 200.00 feet to a point on the northerly right-of-way of the former Jason Street; thence S
32-47'-34" E for a distance of 35.00 feet to a point on the southerly right-of-way of the former Jason
Street and being on the northerly line of lands now or formerly belonging to The Mishoe Trust being
Parcel ‘G’ of deed Book C, Volume 54, at page 162; thence S 57-12'-26" W along the northerly one
of said Mishoe Trust and the northerly line of the aforesaid Delaware State college for a distance of
206.12 feet to the point of beginning and containing 30.776 acres, as surveyed by McCrone, Inc. In
December 2005.
Being the same lands as conveyed unto Kent Storage Facilities, LLC and Loralex, LLC from Jemm
Investors by deed dated September 3, 2004 and recorded among the land records of Kent County,
Delaware in deed record D 649/106 and all of the lands conveyed unto College Road Management,
Inc. From Jemm Investors by deed dated September 3, 2004 and recorded among the land records
of Kent County, Delaware in deed record D 649/110.
Together with an easement from Delaware State College to Loralex Company, LLC and Kent
Storage Facilities, LLC as recorded in deed Book 649 at page 264.
Subject to a Reserved Lease Agreement from Atlantic Coast Environmental, Inc. To Loralex
Company, LLC and Kent Storage Facilities, LLC as recorded in deed Book 649 at page 99.
2. The above described property shall be annexed into the City of Dover with a zoning
classification as set by City Council and in accordance with the zoning map and environs, then in
force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area
annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 25th day of April, 2006 at 12:01
a.m. o'clock.
ADOPTED: APRIL 24, 2006
Public Hearing - Zoning Classification
Mr. Koenig, Director of Public Services, reviewed the Petition to Annex and Zone property, the
Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission
Page 10
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 7
recommended that the zoning classification of this property be approved as M (Manufacturing) upon
annexation.
Mr. Ruane noted the reference to a Brownfield area on these parcels of land and questioned its
consequences in terms of development. Responding, Mr. Koenig stated that lands that are
designated as Brownfield areas restrict certain types of activities such as residences. Any Brownfield
development would require a limited use development proposal on that site such as warehousing,
possibly office space, depending on the extent of the Brownfield management plan.
Mr. Ruane questioned if the County zoning classification were to be maintained, would the actual
uses be permitted under a Brownfield designation. It was Mr. Koenig’s understanding that any
prohibition or development concerns would be consistent under a county development as they are
under the proposed development. Although he agreed that it would be an accurate statement that the
proposed uses is one of the few possible uses because of the nature of the Brownfield, Mr. Koenig
suggested that the applicant comment on the accuracy of this statement.
Council President Williams declared the public hearing open.
Mr. Connie Malmberg and Mr. Mark Schaeffer, owners of the properties, addressed members of
Council regarding their request. Mr. Malmberg advised members that the properties total
approximately 30 acres and that the Comprehensive Plan designates this property for Industrial use.
He suggested that the Manufacturing zoning classification would allow less intense uses than an
Industrial zoning classification. The proposed use for the property is for mini-warehousing which
would provide low traffic volume and low impact on neighborhood properties. Mr. Malmberg
indicated that he and Mr. Schaeffer acquired the properties through the State of Delaware’s
Brownfield Redevelopment Program. He explained that the State favors the redevelopment of
Brownfields as some useable development rather than sitting idle. The majority of the site has been
through the remediation process. Mr. Malmberg stated that there is approximately 1½ acres that was
more contaminated and is proceeding through a program with DNREC, as well as the former owner
of the site, and will be until at least the year 2019, which would eliminate this portion of the property
from being useable in the foreseeable future. He advised members that the intended use of the
property is for mini-storage facilities, which would provide a lot of impervious surface that will
prevent percolation through the ground and causing further distribution of contaminants, if present.
Dr. Wilma Mishoe, 353 Rita Wilma Road, relayed concern with the rezoning of this property, which
is currently predominately zoned residential lands, as manufacturing. Her belief is that the rezoning
of this land to manufacturing could significantly impact the quality of life for the residents who live
there now as well as those of the future. Dr. Mishoe stated that she understands that the intended
use of the lands is for mini-storage facilities; however, the owners could change the use as well as
any future owners. The question then is to consider what a manufacturing zoning classification
would allow. There are no guarantees that there would not be the possibility that this property would
be used for other purposes that could create environmental pollution. Dr. Mishoe reminded members
that there are several residential developments located within the near vicinity of this property, as
well as an elementary school and an assisted living, senior citizens and medical facility. She
requested that members of Council consider the future possibilities, if a Manufacturing zoning
Page 11
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 8
classification is approved, of the uses of this properties, and suggested that the zoning classifications
remain or another classification be assigned that would ensure that construction of environmental
pollutants would not occur.
Mr. Hogan noted that there are four (4) parcels involved with a variety of zoning classifications. He
requested a description of the current classifications as zoned in the County and the portions of the
land currently zoned Industrial. Responding, Mr. Koenig indicated that the exhibits provided with
the packets did not specifically identify this information. Mr. Schaeffer stated that the majority of
the property is zoned Industrial; however, he could not provide specific percentages.
In the future, when similar matters are brought before Council that involve multiple zoned property,
Mr. Hogan suggested that the packet material include specific details of the zoning classifications
for the property.
Council President Williams declared the public hearing closed.
Mr. Sadusky moved that the property be zoned in accordance with the recommendation of the
Planning Commission. The motion failed due to the lack of a second.
Mr. Hogan moved to defer action on the rezoning of the property to allow for detailed
information to be provided on the current zoning classifications assigned by the County. The
motion was seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING/PROPOSED RESOLUTION - ALLEY ABANDONMENT - FORREST
AVENUE AND LINCOLN STREET
A public hearing was duly advertised for this time and place to consider abandonment of an
unimproved alley located between Forrest Avenue and Lincoln Street, east of Bertrand Drive.
Mr. Koenig briefed members on the alley abandonment request and reminded members that the
Planning Commission and Utility Committee recommended denial of the requested abandonment.
However, it was noted that since these meetings, a letter was received from Union Missionary
Baptist Church requesting that Council move forward with the alley abandonment request. During
their Regular Meeting of April 10, 2006, Council adopted a Resolution setting a public hearing for
this time and place.
Mr. Ruane reminded members that in formulating their recommendations, there was discussion
regarding the City’s practice for abandoning alleys that required concurrence from adjacent property
owners and that there has been opposition relayed by the adjacent property owners for abandonment
of the alley.
Mr. Koenig advised members that the current practice is that if the alley abandonment is approved,
every contiguous property would be deeded their portion of the alley (the alley is divided equally to
adjacent property owners). There is a cost for this conveyance for the recordation of the new deed.
Page 12
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 9
Mr. Salters questioned if there would be any legal ramifications for the action of Council with an
abandonment. Responding, Deputy City Solicitor Pepper stated that if Council voted not to abandon
the alley, it would be difficult for a challenger to have that action overruled; however, if Council
voted for approval of the alley abandonment, the possibility of a successful challenge would be
increased, although he felt it would not be likely.
Responding to Mr. Ruane, Mr. Koenig stated that there are nine (9) adjacent properties with five (5)
different adjacent property owners, noting that some adjacent property owners own multiple adjacent
properties. The petition was received by only one (1) of the adjacent property owners, which was
Union Missionary Baptist Church, who is a multiple property owner of the alley.
Council President Williams declared the public hearing open.
Reverend R.G. Moore, Jr., Pastor of Union Missionary Baptist Church, advised members that he is
representing the congregation of the Church, which consists of approximately 380 members. He
clarified the ownership of the adjacent properties to the alley, noting that the Church recently
purchased two (2) additional adjacent properties. He explained the reasons for submitting the
request for the alley abandonment, stating that the Church is attempting to add additional off-street
parking spaces. When the Church was approached regarding the purchase of additional property on
Forrest Street, members began considering the possibility of creating a one-way entrance to the
proposed additional parking lot from Forrest Street. Reverend Moore stated that there currently are
driveways to the properties on Forrest Street and that the purchase of these properties was with the
understanding that one of the driveways could be extended to the back of the Church’s current lot
and tie into their parking lot. Vehicles would then exit onto Lincoln Street, which would provide
safety for vehicles exiting by use of stop signs and signals.
Reverend Moore stated that he has made attempts to contact adjacent property owners to assure
them, based on his understanding of the opposition, that the driveway would not extend through to
Lincoln Street and that the Church would address any security issues. Unfortunately, he was not able
to meet and talk with all adjacent property owners. He assured members that the Church is willing
to work with adjacent property owners to resolve any concerns and if any adjacent property owners
are not interested in their portion of the alley, the Church would accept the addition land.
Responding to Mr. Hogan, Reverend Moore explained that the Church owns all those properties
located east of and adjacent to the alley, which consists of four (4) properties, and two (2) of the
properties located west of and adjacent to the alley.
Mr. Clarence Hicks, 934 Forrest Street (adjacent property owner), spoke in opposition to the alley
abandonment and explained that his understanding of the intentions of the Church was to provide
a private roadway. This road would begin at Forrest Street and travel through to the Church. This
would require eliminating approximately 50'-60' of sidewalk in order to provide for a deceleration
lane, which would be located in front of his property. He reminded members that this area currently
has a heavy amount of traffic, which is a problem that worsens every day, and of the close proximity
of the schools and the pedestrians and children in the neighborhoods. Mr. Hicks also relayed
concern that the quality of life will be affected, noting that although there is less today, when he first
Page 13
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 10
moved into the neighborhood there was wildlife and greenery, which was enjoyed by residents. In
order to install the driveway proposed, the quality of life for the residents will be diminished as well
as the entire community. He also advised members that the Church has access to their property from
existing streets and he does not feel there is a need for this additional access.
Mr. Clarence Hicks, Jr., addressed members in support of his father and suggested that members
consider the request as a quality of life issue. He also urged members to consider the traffic safety
issues that would be created if the alley is abandoned and used as proposed by the Church.
Council President Williams declared the public hearing closed.
Mr. Ruane and Mr. Hogan both felt that they were of the understanding that during this time, when
the matter was presented to Council for action, all adjacent property owners would be in concurrence
with the abandonment. Mr. Hogan also relayed concern with the proposed roadway being installed
and its probability of being used as a throughway. He suggested that the City’s policy require
adjacent property owners to vote and only those requests for abandonment that have all adjacent
property owners’ concurrence would be presented to Council for consideration.
In addition, Mr. Ritter stated that a property owner adjacent to an alley being considered for
abandonment may not oppose the abandonment; however, they may not be interested in receiving
their portion of the alley. He suggested that the procedure address this issue and that it be resolved
before the matter is presented to Council for action.
Mr. Ruane moved to deny the Resolution vacating and abandoning the alley located between
Forrest Avenue and Lincoln Street, east of Bertrand Drive. The motion was seconded by
Mr. Sadusky and carried by a roll call vote of six (6) yes, two (2) no (Mrs. Russell and
Mr. Slavin), and one (1) abstention (Mr. Salters).
It was Mr. Ruane’s opinion that the City should review the procedure and requirements for the
consideration of alley abandonments. Responding, Mrs. Green advised members that the City
Charter (Section 27) authorizes Council to abandon alleys.
Mr. Ruane moved to direct staff to develop a procedure for considering alley abandonments,
using the suggestions made by Council, and to provide suggested amendments to the Charter
Review Committee for their review of that section of the City Charter (Section 27) that
authorizes alley abandonments. The motion was seconded by Mr. Hogan and unanimously
carried.
Mr. Salters moved for a 5-minute recess, seconded by Mr. Slavin and unanimously carried.
Meeting Recessed at 9:15 p.m. and Reconvened at 9:20 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
APRIL 11, 2006
Page 14
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 11
The Parks, Recreation, and Community Enhancement Committee met on April 11, 2006 with
Chairman Sadusky presiding.
Proposed Ordinance - Chapter 22 - Buildings and Building Regulations, Article XII - Vacant
Buildings
During the committee meeting of March 27, 2005, members recommended that the City move
forward with the development of a vacant building and lot ordinance, covering residential,
commercial, and industrial properties and that this process involve the Parks, Recreation, and
Community Enhancement Committee holding public evening meetings, along with the Planning
Department. When the committee report was presented to Council for their consideration, members
were advised that information had been received from other interested parties regarding the
development of a vacant building ordinance. It was suggested that the matter be referred back to
staff to provide them the opportunity to meet with all interested parties and report back to the
committee. Members of Council, during their Meeting of April 11, 2005, referred the development
of a vacant building and lot ordinance for residential, commercial, and industrial properties back to
staff. Since that time, staff has met with the various interested parties for developing revisions to
the City’s Vacant Building Ordinance, Chapter 22, Article XII, Section 22 of the Dover Code.
Ms. Cornwell, City Planner, reviewed and explained the comments and recommendations received
thus far. At this time, the draft is presented to members for informational purposes only and
comments. She stated that staff will continue to receive comments and will make revisions based
on those comments to ensure that the final proposed ordinance will provide the best possible
outcome regarding vacant buildings. Ms. Cornwell stated that staff relied heavily on the City of
Wilmington in drafting the ordinance.
During the committee meeting, several members provided suggestions for possible amendments.
Mr. DePrima had indicated that staff was requesting guidance regarding other groups that members
may feel should be contacted for comments. Mr. DePrima suggested that staff advertise and conduct
a public hearing on the ordinance in order to develop a draft ordinance to present to the committee
for their review and recommendation to Council. He felt that staff could schedule a public hearing
and develop a draft ordinance for presentation to the committee during their meeting in June.
Mr. Lakeman suggested that an executive summary of the draft ordinance be prepared for
distribution and comments be requested for consideration.
Mr. Ruane recommended notifying neighborhood associations to receive comments on vacant
housing issues in their neighborhood.
The committee recommended acceptance of staff’s report on the status of the draft vacant building
ordinance with the understanding that consideration of a draft ordinance, in a First Reading format,
will be presented to the committee during their first meeting in June (June 13, 2006), at which time
public comments will be accepted.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation,
seconded by Mr. Salters and carried by a unanimous roll call vote.
Page 15
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 12
Discussion - Vacant Planner Position
Mrs. Townshend, Director of Planning and Inspections, reminded members that a planner position
was included in this year’s budget; however, due to the Director vacancy, Council requested that
upon the hiring of the Director, the need would be evaluated and a report would be given to Council
explaining the job responsibilities of the new planner prior to the position being filled. Having
recently assumed the responsibilities of Director, Mrs. Townshend advised members that she has
been reviewing the internal reorganization of the department and that she will be responsible for the
planning and community enhancement functions, which includes community development and
property maintenance and inspections. It was felt that it would be beneficial to hire a planner to
focus on downtown and redevelopment issues and that this employee should have knowledge of
Brownfields and experience in the review of redevelopment projects. Mr. DePrima felt that it would
be beneficial to provide a requirement for candidates to have experience with economic
development, statistics, etc.
The committee recommended that staff be authorized to advertise for the planner vacancy in the
Planning Department, stipulating that a description of the experience required for this position would
be provided to Council.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation,
seconded by Mr. Salters and carried by a unanimous roll call vote.
Status Report - John W. Pitts Recreation Center
Mr. Carter, Parks and Recreation Director, presented a Conceptual Plan depicting the proposed
John W. Pitts Recreation Center, and explained the proposed changes to the plan which will provide
for better control and more space. The Conceptual Design will be presented to the Planning
Commission for their review in May, at which time various State and other agency comments will
be provided.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community
Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll
call vote.
MONTHLY REPORTS - MARCH 2006
By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted
by consent agenda:
Budget Report
City Assessor Report
City Manager's Report
Mayor's Report
Planning and Inspections Report
Page 16
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 13
CITY MANAGER'S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
Members reviewed the Semi-Annual Robbins Hose Company Inspection Report by the City
Manager, Mr. DePrima. The inspection is required in accordance with Section 46-43 of the Dover
Code.
By consent agenda, Mr. Carey moved for acceptance of the City Manager's Semi-Annual
Inspection of the Robbins Hose Company. The motion was seconded by Mr. Salters and
carried by a unanimous roll call vote.
ELECTION RESULTS - 2006 MUNICIPAL ELECTION
Mrs. Green, City Clerk, reported the results of the 2006 Municipal Election held on April 18, 2006,
as follows:
TOTAL VOTES CAST - 3,168
MAYOR
William H. Daisey 1,138
Karlton H. Schmidt 131
Stephen R. Speed 1,899
Total Votes Cast for Mayor 3,168
Total Registered Voters 19,503
FIRST DISTRICT COUNCIL SECOND DISTRICT COUNCIL
David A. Lewis, Jr. 162 William P. McGlumphy 453
James P. Webster 160 Robert M. Sadusky 439
Beverly C. Williams 578
Total District Votes Cast 867
Total District Votes Cast 884 Total Votes Cast for Council 851
Total Votes Cast for Council 867 Total Votes Cast for Mayor 836
Total Votes Cast for Mayor 880 Total Registered Voters 4,882
Total Registered Voters 5,774
THIRD DISTRICT COUNCIL FOURTH DISTRICT COUNCIL
Timothy A. Slavin 564 David L. Anderson 185
Frederick Tolbert 433 Sophia R. Russell 193
Total District Votes Cast 975 Total District Votes Cast 378
Total Votes Cast for Council 963 Total Votes Cast for Council 373
Total Votes Cast for Mayor 969 Total Votes Cast for Mayor 373
Total Registered Voters 5,323 Total Registered Voters 3,524
Mr. Carey moved for approval of the Election Results as reported by the City Clerk. The
motion was seconded by Mr. Salters and unanimously carried.
Page 17
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 14
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF
ASSESSMENT APPEALS COMMITTEE
The City Assessor’s Office requested that the 2006 Property Assessment Appeals be scheduled for
May 22, 2006 through June 2, 2006, between the hours of 9:00 a.m. and 5:00 p.m. It was also
requested that the Appeals Committee’s recommendations be submitted to Council for their
consideration during their Regular Meeting of June 12, 2006.
Mr. Salters moved for approval of the 2006 Property Assessment Appeals schedule as
recommended by staff, seconded by Mr. Hogan and unanimously carried.
Council President Williams requested that Mr. Ruane (serving as Chair), Mr. Hogan, and Mr. Salters
be appointed to the Assessment Appeals Committee.
Mr. Sadusky moved for approval of the appointments to the Assessment Appeals Committee
as recommended by Council President Williams. The motion was seconded by Mr. Slavin and
unanimously carried.
ANNEXATION/REZONING REQUEST/FIRST READING - 1600 NORTH LITTLE CREEK
ROAD, OWNED BY CHRISTOPHER J. AND REBECCA R. RAUBACHER
A request was received for annexation and rezoning of property located at 1600 North Little Creek
Road, owned by Christopher J. and Rebecca R. Raubacher. The property is currently zoned RMH -
Residential Manufactured Home and BN - Neighborhood Business (Kent County) and the requested
zoning is C-PO - Commercial/Professional Office (City of Dover). Staff recommended that the
request be referred to the Planning Commission on May 15, 2006 and that a public hearing be set
for June 12, 2006 at 7:30 p.m.
Mr. Salters moved for approval of staff's recommendation and to acknowledge the First
Reading of the rezoning ordinance by title only. The motion was seconded by Mr. Hogan and
unanimously carried.
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:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT 1600 NORTH LITTLE CREEK ROAD.
During the Utility Committee Meeting held earlier in the evening, members reviewed the annexation
request and recommended adoption of the Resolution setting the date of the Annexation Referendum
for May 25, 2006 for property located at 1600 North Little Creek Road. Due to time constraints, it
was necessary to forward this to City Council for action.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hogan
and by a unanimous roll call vote, Council adopted the following Resolution:
Page 18
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 15
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE
CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID
AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said
City after a special election of the qualified voters and real estate owners of the territory proposed
to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of
Dover to include an area located at 1600 North Little Creek Road, which is contiguous to the
present City limits, into the limits of the City of Dover and within a zoning classification as
recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 1600 North Little Creek Road situated in
East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 25th day of May, 2006 commencing at the hours of 11:00 a.m. in
the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the
question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of
Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: APRIL 24, 2006
REZONING REQUESTS/FIRST READINGS
Requests were received to rezone the following properties. Prior to amending the zoning ordinances
and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Hogan, seconded by Mr. Slavin, Council unanimously referred the following
rezoning requests to the Planning Commission for May 15, 2006 and set a public hearing for
June 12, 2006 at 7:30 p.m.:
Property Located at 201, 205, and 207 West Division Street, Owned by South Smyrna
Developers, LLC
A rezoning request for property located at 201, 205, and 207 West Division Street, owned by South
Smyrna Developers, LLC. The property is currently zoned C-1A (Limited Commercial) and the
requested zoning is C-2 (Central Commercial).
Page 19
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 16
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT 201, 205, AND 207 WEST DIVISION STREET.
Property Located at 122-128 West Division Street, Owned by South Smyrna Developers, LLC
A rezoning request for property located at 122-128 West Division Street, owned by South Smyrna
Developers, LLC. The property is currently zoned C-1A (Limited Commercial) and the requested
zoning is C-2 (Central Commercial).
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT 122-128 WEST DIVISION STREET.
Property Located on West Denneys Road, Owned by Denneys Road, LLC
A rezoning request for property located on West Denneys Road, owned by Denneys Road, LLC. The
property is currently zoned R-15 (One Family Residence) and C-1A (Limited Commercial) and the
requested zoning is RM-1 (Medium Density Residential).
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
ON WEST DENNEYS ROAD.
COUNCIL MEMBERS COMMENTS
As a reminder, Mr. Hogan announced that the Safety Advisory and Transportation Committee will
be holding a public hearing on April 24, 2006 at 5:00 p.m. in reference to the parking of boats,
trailers, and RV’s.
Referring to the City Manager’s Monthly Report, Mrs. Russell commended employees for their
efforts in minimizing workman compensation claims.
Mr. Carey commended the staff of the City Clerk’s Office for their efforts in conducting the
Municipal Election on April 18, 2006.
Mr. Hogan moved for adjournment, seconded by Mr. Slavin and unanimously carried.
Meeting Adjourned at 9:31 P.M.
Page 20
CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 17
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
April 24, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Flower Display Power Point Presentation
Exhibit #2 - Petition to Annex and Zone property, Property located North of but not Adjacent to College Road, owned
by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC
Page 21
PROCLAMATION
WHEREAS, former President Ronald Reagan established Military Spouse
Appreciation Day in 1984 and it has become a nationally recognized observance in
May; and
WHEREAS, military spouses must endure hardship resulting from separation
from their loved ones, added responsibilities of maintaining home and family, and
stress from not knowing the fate of the troops overseas; and
WHEREAS, military spouses should be applauded for their continued support
and patriotism while the difficulties they face show no mercy and do not
discriminate among ranks; and
WHEREAS, it is through the strength of our military spouses that our troops
are able to accept their deployment, knowing the courage of their spouses will
prevail and that the prayers of not only their spouses but all their supporters will
help them get through the darkest of times.
.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim Thursday, May 11, 2006 as
Military Spouse Appreciation Day
and encourage all citizens to be cognizant of the plight of military spouses and show
support by offering friendship, empathy and understanding, realizing that they,
too, are making daily sacrifices for their country.
Stephen R. Speed
Mayor
Page 22
PROCLAMATION
WHEREAS, the family serves as the nucleus by which the elements of love,
identity, self-esteem and support are embedded in children at an early age; and
WHEREAS, thousands of children do not have stable homes but are fortunately
able to be adopted or placed in loving foster homes where they are provided with
safety, security and a nurturing environment; and
WHEREAS, Delaware statistics currently show that only 35 percent of
children needing foster care can be placed due to the lack of licensed homes in which
to place them, and foster families often adopt foster children resulting in a greater
need for more foster families; and
WHEREAS, citizens, public and private organization work to increase public
awareness of the needs of children in foster care and those leaving, and the work
done by these groups is invaluable because the foster care system is only as good as
those who choose to be a part of it.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim the month of May 2006 as
Foster Care Month
and urge all citizens to take an active role in the positive development of a child by
offering their homes to a child in need, helping foster parents with the children in
their care, and assisting child welfare professionals during the month of May to
ensure a life of stability for our nation’s children in foster care.
Stephen R. Speed
Mayor
Page 23
MEMORANDUM
Department of Planning & Inspections
P.O. Box 475
Dover, DE 19903
Phone: (302) 736-7010 Fax (302) 736-4217
DATE: May 3, 2006
TO: Dover City Council
FROM: Ann Marie Townshend, AICP
SUBJECT: Zoning for Lands of College Road Management Inc., Kent Storage, LLC, and
Loralex Company, LLC (AX-06-02)
In response to questions raised by City Council regarding the annexation and requested M
(Manufacturing) zoning for the above property, the Department of Planning and Inspections staff
have gathered additional information on the subject property’s current zoning in Kent County
and environmental constraints on the subject property.
Based on information obtained from Kent County Department of Planning Services (see attached
map), the zoning breakdown by acreage is as follows:
Kent County Zoning Number of Acres
RS-1 (Single Family Residential) 16.494849 ac.
RMH (Residential Manufactured Home 2.960046 ac.
IG (General Industrial) 8.837273 ac.
As shown in the attached map, the land zoned IG is along the western portion of the property,
near the railroad tracks. The residentially zoned land (RS-1 and RMH) is located on the eastern
portion of the property.
Additionally, staff have provided a map showing the approximate location of wetlands on the
property, based on the State Wetland Mapping Project (SWMP) maps maintained by the
Department of Natural Resources and Environmental Control. According to these maps, the
wetlands lie along the eastern side of the subject property. While the SWMP maps give an idea
where the wetlands are on the site, a field delineation of the wetlands would provide a definitive
location.
A review of the Flood Insurance Rate Map indicates the presence of the 100-year flood plain
along the eastern portion of the property. This floodplain extends slightly beyond the wetland
Page 24
Memo to Dover City Council
Re: Zoning for Lands of College Road Management Inc., Kent Storage, LLC, and Loralex
Company, LLC (AX-06-02)
May 3, 2006
line. The Zoning Ordinance prohibits structures within 25 feet beyond the limits of the
floodplain. Based on this review of wetlands and floodplains, it appears that there are natural
constraints along the eastern portion of the property.
I hope that this information is helpful. If you have any additional questions, please let me know.
Page 25
DU
PO
NT
HI
G
HW
AY
MIS
A D JA
O SO
HO
R
E N
E
G ST
ST
E
LL R
RE E
O EE
T
C T
E
AR
U
SQ
E
EG
LL
O
C C LE
TE R R Y C IR
RIV E SC
TD
ES OL H
HO
CR
WOOD
OU S
E LA
NE
City of Dover
Wetlands Map for Lands of College Road Management Inc., AX-06-02
A large portion of the the east side fo the parcel is located within the 100 year floodplain.
Flood Insurance Rate Map(FIRM) 100006 0166 H May 3, 2005
Dover Parcels
Kent County Parcels
Map Created By:
Dover Boundary
Department of Planning and Inspections
Date Map Created: 5-3-06
Date Map Printed: 5-3-06 0 200 400 800 Feet
Wetlands data from DNREC
-
Page 26
RS1
16.494849 Acres
RMH
2.960046 Acres
IG
3.768689 Acres
IG
5.068584 Acres
Legend
Annexation Information For
¤
Zoning Information
City of Dover
County Zoning
IG (General Industrial)
Zoning & Acreage figure Relative
RMH (Residential Manufactured Home) to Annexation Request
RS1 (Single Family Residential)
Page 27
FINAL READING
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED NORTH OF BUT NOT ADJACENT TO COLLEGE ROAD, NORTH OF
RAYMOND STREET AND EAST OF THE RAILROAD CORRIDOR AND RAILROAD
AVENUE WITH THE EASTERN BOUNDARY OF THE SUBJECT AREA BEING THE ST.
JONES RIVER.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
of property described below from IG - General Industrial, RS-1 - Single Family Residential, and
RMH - Residential Manufactured Home (Kent County zoning classifications) to M -
Manufacturing (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover has been amended by changing the zoning designation from IG,
RS-1, and RMH (Kent County zoning classifications) to M (City of Dover zoning classification)
on that property located north of but not adjacent to College Road, north of Raymond Street and
east of the railroad corridor and Railroad Avenue with the eastern boundary of the subject area
being the St. Jones River, consisting of four (4) parcels containing 30.776+ /- acres, owned by
College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC.
ADOPTED: *
S:\ClerksOffice\Annexations\Annex-2006\College Settlement\RezoningOrdinance-FINAL READING.wpd
Page 28
UTILITY COMMITTEE
The Utility Committee Meeting was held on April 24, 2006 at 5:30 p.m. with Chairman Carey
presiding. Members present were Mr. Ruane, Mr. Sadusky, Mr. Cregar and Mr. Snaman. Members
of Council present were Mr. Slavin, Mr. Ritter (arrived at 6:07 p.m.) and Mr. Salters (arrived at 6:07 p.m.).
Mayor Speed was also present (arrived at 5:51 p.m.).
AGENDA ADDITIONS/DELETIONS
Mr. Cregar moved for approval of the agenda, seconded by Mr. Snaman and unanimously
carried.
Annexation Request - Property Located at 1600 North Little Creek Road, Owned by
Christopher J. And Rebecca R. Raubacher
Members were provided the Petition to Annex and Zone Property for property located at 1600 North
Little Creek Road, consisting of 2.124+/- acres, owned by Christopher J. and Rebecca R. Raubacher.
Staff assured members that the City is capable of providing utilities to the parcel, explaining that the
cost-revenue analysis showed a positive cash flow to the City in the amount of approximately $3,134
over ten (10) years. Staff recommended annexation of the property.
Responding to Mr. Ruane, Mr. Koenig explained that the lands are identified for annexation and
designated as residential in the Comprehensive Plan; however, the plan text allows analysis of
surrounding land uses in determining zoning designation regardless of the map designation. The
zoning classification will be reviewed by the Planning Commission and a recommendation submitted
to Council for their consideration after the public hearing.
Mr. Cregar moved to recommend adoption of a resolution setting the annexation referendum
for property located at 1600 North Little Creek Road, consisting of 2.124+/- Acres, owned by
Christopher J. and Rebecca R. Raubacher (Attachment #1). The motion was seconded by
Mr. Snaman and carried with Mr. Ruane voting no. (City Clerk’s Office Note: Due to time
constraints, the adoption of this Resolution will be considered by City Council during their Regular
Meeting held later in the evening).
Bayard Avenue Water Main Project - Time and Cost Estimate
During a Special Utility Committee Meeting on April 10, 2006, members reviewed a request for
budget increases for Division Street and Bayard Avenue Water Main Projects. The committee
recommended and Council approved, during a meeting held later that same evening, that staff
confirm time and cost estimates for the Bayard Avenue Project and bring to Council in two (2)
weeks.
Mr. DePrima explained that after meeting with City Engineers, staff has determined that there may
be alternatives more advantageous for the City, financially, to solve the brown water problems in the
Bayard Avenue area. He stated that there have been two (2) recent events that may be a part of this
resolution which were not known when the pipe replacement work was being performed. He advised
members that during this last flushing session, staff discovered a valve that was shut off, which was
causing water to go through Bayard Avenue and the surrounding neighborhood at a high velocity
instead of going in two (2) different directions. This valve has been turned back on which will slow
Page 29
UTILITY COMMITTEE MEETING OF APRIL 24, 2006 PAGE 2
and allow the water to travel towards the Capital Complex. Another thing discovered during this
flushing, was the need to add a hydrant much further south going towards The Laurels and The
Beaches in order to perform routine flushing. Without the hydrant, staff was not able to flush that
particular water line.
Prior to replacing the 14 inch pipe with 16 inch pipe as previously proposed, Mr. DePrima felt that
the problems may be resolved as a result of opening the valve and the ability to flush further down
the system and suggested that staff first determine if there are less complaints as a result of these
alternatives. If there are less complaints received, staff would prefer to use the pipe that has been
purchased as suggested in the Black & Veatch Study. Mr. DePrima explained that the study
indicates that the City’s system does not allow enough contact time between chlorination injection
stating that there should be about 5 minutes before chlorination gets into whole water system. This
is done by creating a big tank to allow contact time with water before going into the system or by
building a maze to allow this water to travel before going into the system. Engineers have developed
a design for the Bayard Avenue and staff would use the new pipe for this purpose. Mr. DePrima
stated that these actions would possibly resolve the brown water problem. The Black & Veatch
Study indicates the need for these contact areas to be built.
Mr. Ruane indicates confusion regarding the monies already approved and those that are needed for
these new purposes. Responding, Mr. DePrima explained that the boring and material costs would
be an additional $168,000. The action at the last meeting authorized staff to pay George & Lynch
to finish the Division Street Project to Bayard Avenue. The pipe already purchased for the Bayard
Avenue would be installed by City crews. He reminded members that the direction for staff was to
advise Council how much it would cost to complete the Bayard Avenue Project, which has been
estimated at $168,000.
Mr. Ruane requested that staff reintroduce this explanation during the Council Meeting in a manner
that will provide the public an understanding of the different efforts to be made by the City to
address this matter. Concurring, Mr. DePrima stated that he would include a graphic to depict the
location of the valve and hydrant and an idea of what one of these mazes.
Mr. Ruane moved to recommend that a presentation be provided by staff at the next Council
Meeting (that this item not be included on the Consent Agenda), to include pictures and
diagrams to help explain the issue and provide a better understanding that this will be an
alternative to the direction given by Council during their meeting of April 10, 2006. The
motion was seconded by Mr. Snaman and unanimously carried.
Internal Controls for Time and Material Projects
During a Special Utility Committee Meeting on April 10, 2006, members reviewed a request for
budget increases for Division Street and Bayard Avenue Water Main Projects. The committee
recommended and Council approved, during a meeting held later that same evening, that staff design
internal controls for time and materials projects and bring to Council in two (2) weeks.
As directed, staff presented a procedure for Contracted Construction Project - Weekly Monitoring,
which includes a monitoring report. Mr. DePrima noted as the procedure is utilized, he anticipates
Page 30
UTILITY COMMITTEE MEETING OF APRIL 24, 2006 PAGE 3
it will be necessary to make amendments to the procedure. He indicated that no action is necessary
by the committee since he is authorized to institute such procedures as City Manager.
Mr. Sadusky moved for adjournment, seconded by Mr. Snaman and unanimously carried.
Meeting Adjourned at 6:12 P.M.
Respectfully submitted,
Carleton E. Carey, Sr.
Chairman
CEC/TM/jg
S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2006\04-24-2006 UTILITY.wpd
Attachment to Original Minutes and File Copy:
Attachment #1 - Annexation Resolution - Property Located at 1600 North Little Creek Road
Page 31
NOTICE
The Safety Advisory and Transportation Committee
Report of April 25, 2006
will be sent out under separate cover.
I apologize for any inconvenience. Please contact the City Clerk’s Office at
736-7008 should you have any questions.
Janice C. Green
City Clerk
Page 32
INTRODUCTON.............................................................................................................................................. ii
Application for Federal Assistance ...................................................................................................................iii
I ACTION PLAN....................................................................................................................................I-4
I.1 BACKGROUND ....................................................................................................................................... I-4
I.2 ADMINISTRATION RESPONSIBILITY AND CERTIFICATION ....................................................... I-4
I.3 AMOUNT OF AVAILABLE FUNDS...................................................................................................... I-4
I.4 PROGRAM DESIGN................................................................................................................................ I-4
I.5 CONSULTATION WITH LOCAL HOUSING PROVIDERS AND CITIZEN PARTICIPANTS ......... I-5
Notice of Public Hearing: March 14, 2006…………………………………………………………...I-6
Public Hearing Minutes………………………………………………………………………………I-7
Sign in Sheet………………………………………………………………………………………... .I-9
I.6 Second Public Hearing: April 13, 2006 ……………………………………………………….I-10
Public Hearing Minutes………………………………………………………………………..I-12
Sign-In Sheet…………………………………………………………………………………..I-15
1. STATE PROGRAMS.............................................................................................................I-16
2. LOCAL PROGRAMS………………………………………………………………………I-17
PRIVATE RESOURCES ...................................................................................................................I-18
For-profit ........................................................................................................................................I-18
Non-Profit.......................................................................................................................................I-18
2006 ACTION PLAN GOALS ..............................................................................................................I-21
I.7 Activities to be Undertaken ........................................................................................................I-22
Project 1: Homeownership Assistance Program .........................................................................I-22
Project 2: CDBG Program Administration..................................................................................I-22
Project 3: Community Revitalization Infrastructure ...................................................................I-22
Project 4: Homeowner Rehabilitation Assistance Program ........................................................I-22
Project 5: First State Resource Conservation and Development (RC & D)................................I-23
Project 6: Dover Community Partnership Inc (DCP). ................................................................I-23
I.8 Maps of Dover............................................................................................................................I-24
Map II- 1 City of Dover Census Tracts and Block Groups..........................................................I-25
Map II - 2 City of Dover Areas of Minority Concentration ..........................................................I-26
Map II - 3 City of Dover Low to Moderate Income Areas ...........................................................I-27
II GEOGRAPHIC DISTRIBUTION: .................................................................................................. II-28
SERVICE DELIVERY AND MANAGEMENT: ............................................................................ II-28
II.1 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES: ........................................ II-28
II.2 LEAD BASED PAINT HAZARD REDUCTION(24 CFR 91.215 (f)) .............................. II-29
II.3 ANTI-POVERTY STRATEGY(24 CFR 91.215 (f)) ........................................................... II-30
IV Certifications ...............................................................................................................................III-31
IV.1 General Certification.............................................................................................................III-31
IV.2 Specific CDBG Certifications...............................................................................................III-36
IV.3 OPTIONAL CERTIFICATION CDBG..............................................................................III-38
IV.4 APPENDIX TO CERTIFICATIONS..................................................................................III-39
V DEFINITIONS...............................................................................................................................IV-41
VI MONITORING ............................................................................................................................... V-44
General Procedures...................................................................................................................... V-44
Page 33
City Of Dover, DE 2006 Action Plan Page ii
INTRODUCTION
The 2006 Action Plan is submitted to continue the goals and objectives determined in the
five-year Consolidated Plan (2005-2010). The Goals and Objectives focus on developing
and sustaining viable communities and improving low and moderate income persons are
addressed in the Consolidated Plan as part of the strategy for addressing the needs of low
and moderate income people. The specific goals and objectives are presented in this
Action Plan.
Each year the U.S. Department of Housing and Urban Development upon congressional
approval allocates to the City of Dover Community Development Block Grant Program.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 34
City Of Dover, DE 2006 Action Plan Page iii
Application for Federal Assistance
The following section contains the Application for Federal Assistance from the City of
Dover for the 2006 fiscal year.
CITY OF DOVER FISCAL YEAR 2006 CDBG FEDERAL RESOURCES
City of Dover
Federal Resources
CDBG Action Plan
7/01/06 – 6/30/07
Dover, DE 19901
CDBG FEDERAL RESOURCES AVAILABLE FOR USE:
CDBG Funds Allocation: $278,833
Anticipated Program Income 10,292
__________________
Total: $289,125
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 35
City Of Dover, DE 2006 Action Plan Page I-4
I ACTION PLAN
I.1 BACKGROUND
The Congress of the U.S., through the enactment of the “Housing and Community
Development Act of 1992, has authorized that Federal funds be allocated to the
entitlement community, the City of Dover, Delaware, to support Community
Development activities within the boundaries of the City.
I.2 ADMINISTRATION RESPONSIBILITY AND CERTIFICATION
The Mayor and Council has duly adopted as an official act a resolution authorizing
Tracey N. Harvey as the official representative of the City of Dover to submit
certifications to the Federal Department of Housing and Urban Development that are
required by Section 106(d)(2)(c)©(iv) of the Housing and Community Development Act
of 1974, as amended by the Housing and Community Development Act of 1992. A copy
of the certifications can be found in section VIII titled “Certifications” found on page AP
VIII –1 in this document.
I.3 AMOUNT OF AVAILABLE FUNDS
The City of Dover is in receipt of fiscal year 2006 CDBG fund assignment. The total
fiscal year 2006 fund assignment for Dover is $278,833.
I.4 PROGRAM DESIGN
The City CDBG Program has been designed so as:
¾ To give maximum feasible priority to activities which will benefit low and
moderate income persons; or
¾ To aid in the prevention of slums or neighborhood blight; and to meet other
Community Development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health and welfare of the
community where other financial resources are not available to meet such needs.
¾ The funds shall principally benefit persons of low and moderate income in a
manner that ensures that not less then 70 percent of such funds are used for
activities that benefit low and moderate income.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 36
City Of Dover, DE 2006 Action Plan Page I-5
I.5 CONSULTATION WITH LOCAL HOUSING PROVIDERS AND CITIZEN
PARTICIPANTS
Notice of Public Hearing: March 14, 2006
NOTICE OF PUBLIC HEARING
The City of Dover announces with this notice a public hearing on the Housing and
Community Development needs, which will be addressed in the City Draft Action Plan.
The Action Plan and Certifications must be submitted to the U.S. Department of Housing
and Urban Development (HUD) no later than May 15, 2006, will serve as the Housing
Planning Document and applications for funding of the City.
The Public Hearing is to obtain views of citizens and interested organizations on housing
and community development needs. Both oral and written comments will be received at
the hearing and a summary of the comments and City of Dover response will be attached
to the Final Action Plan submitted to HUD and will be available for public review.
If you have a vision, hearing or physical impairment that requires accommodation either
in the reading of this notice or at the public hearing, the City of Dover will provide
appropriate assistance, please call Community Development Office at 736-7175 between
the hours of 8:30 AM and 5:00 PM. If you have a hearing impairment, the State TDD
Relay Center number is 1-800-855-1155 same hours.
The Public Hearing will be held at the City of Dover, City Hall Council Chambers on
March 14, 2006 at 5:30 PM.
EQUAL HOUSING OPPORTUNITY
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 37
City Of Dover, DE 2006 Action Plan Page I-6
CONSOLIDATED PLAN ADVISORY GROUP
The Consolidated Plan Advisory Group Meeting was held on March 14, 2006 at 5:48
p.m. with Chairman Sadusky presiding. Members present were Mr. Ruane, Mr. Long,
and Mr. Truitt.
Mrs. Russell was absent. Others present were Councilmen Salters and Carey (departed 6:23
p.m.) and Mayor Speed (departed 6:25 p.m.).
AGENDA ADDITIONS/DELETIONS
Mr. Ruane moved that item #2, Review of Grant Applications for Development of
Recommendation for 2006 Proposed Community Development Block Grant
Projects, be deferred due to the absence of Mrs. Tracey Harvey, Community
Development Director. The motion was seconded by Mr. Long and unanimously
carried.
PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATIONS
Members were provided a Community Development Block Grant Program Overview and
Grant and Program Request for Fiscal Year 2006 which summarized the grant and
program requests.
Mr. DePrima stated that the first seven (7) requests were from sub-recipients, which are
groups not associated with the City of Dover. The groups listed under the Community
Development Office heading are either operated by the City of Dover or operate as a sub-
recipient with the City of Dover. He also indicated that the purpose of this committee was
to decide which programs would receive funding.
Mr. DePrima indicated that during their next meeting, an orientation will be given
defining the Community Development Block Grant, what the goals are, program criteria,
funding criteria, and history of past funding.
Responding to Mr. Ruane, Mr. DePrima stated that, historically, this public hearing was
held by staff and not the committee. It was also noted that the applicants were notified by
telephone regarding this public hearing.
Chairman Sadusky declared the Public Hearing open.
Ms. Sherwanda Rachal, Community Prevention Coordinator, indicated that the City of
Dover Weed & Seed Program is a community based, comprehensive, multi-agency
strategy to combat violence, crime, gang activity, and drug abuse, as well as trafficking in
the Dover community. She provided members with a handout which highlights the
programs that fall within the guidelines of Community Development. She also indicated
that ninety percent of the families fall within the guidelines of low to moderate income
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 38
City Of Dover, DE 2006 Action Plan Page I-7
programming. As of February 2006, funding had been cut for the Weed & Seed Program
and they are currently seeking salary funding.
Responding to Mr. Ruane, Ms. Rachal stated that other funding is being pursued through
other groups such as 21st Century and Grant In Aid.
Ms. Christine Stillson, Director and Ms. Lauren Nelson, Field Coordinator for the
Emergency Home Repair Project (EHRP), 1221 College Park Drive, Suite 101, indicated
that the EHRP is a long-term program of the First State Resource Conservation and
Development Council, which is a local non-profit organization. Ms. Nelson stated that
the EHRP is in support of the current goals of the Community Development Strategic
Plan with reference to their overall support of its housing goals and preserving the
existing housing stock, such as the rehabilitation of owner occupied homes for low
income families. She noted that as a current sub-recipient of Community Development
Block Grant Funds, she can attest for the need for continued funding to make repairs and
to bring substandard housing up to code whenever possible. Ms. Nelson indicated that
the EHRP addresses the most serious housing deficiencies and that during fiscal year
2006 to date, five (5) homes have received assistance from the Community Development
Block Grant and an additional three (3) homes have repairs in progress, varying from
roof repairs to furnace repairs. Ms. Nelson further explained the EHRP encourages the
City to keep its focus on improving housing and housing opportunities for lower income
residents.
Responding to Mr. Ruane, Ms. Nelson indicated that the average amount spent per home
is approximately $3,000 to $4,000 and the three (3) homes with repairs in progress will
cost approximately $5,000 each.
Mrs. Marion Harris, Founder/Executive Director of House of P.R.I.D.E, 105 South New
Street, indicated that their request is for the rehabilitation of a home that was donated to
the House of P.R.I.D.E and will be used to relocate a Hurricane Katrina family.
Mr. Scott Koenig, Public Works Director, indicated that the Downtown Revitalization
Project area was identified in 2003 and its purpose is to resurface and rehabilitate
concrete in that area.
Mr. Koenig stated that Community Development Block Grant funding in the amount of
$138,000 was received in 2003 to perform concrete and paving improvements on Fulton
and Cecil Streets. He also noted that $188,000 was received in 2004 for improvements
on North Kirkwood and South New Streets, and $136,000 was received in the current
budget year to perform improvements on South Queen Street. Mr. Koenig requested
funding in the amount of $130,000 to perform concrete rehabilitation and paving on
South Kirkwood Street, which would complete the road repairs in the Downtown
Revitalization Project area. Mr. Koenig indicated that the improvements are expected to
last from 20 to 25 years.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 39
City Of Dover, DE 2006 Action Plan Page I-8
Responding to Mr. Ruane, Mr. Koenig stated that the Downtown Revitalization Project
had received general fund street program funding and an appropriation has been included
in this year’s budget request for the Department of Public Works. Mr. DePrima indicated
that due to South Kirkwood Street being the last street of this project, it has the highest
priority for receiving general fund money.
There being no one else wishing to speak, Chairman Sadusky declared the Public Hearing
closed.
Responding to Mr. Ruane, Mr. DePrima indicated that a special meeting will be
scheduled
to rank and assign points to each funding request once Mrs. Harvey returns. Mr. Ruane
suggested that the funding requests be categorized and that Staff identify which are
public service, new applicants, and repeat applicants. He also requested a list of the
federal requirements prior to making recommendations.
Mr. Salters stated that the Weed and Seed Program previously received funding and it is
an important part of the City’s overall effort to provide educational and anti-drug
programs to the City’s youth.
Mr. Ruane suggested that a special meeting be held on Thursday, March 23, 2006 from
1:00 p.m. to 3:00 p.m. to review the applications and formulate recommendations on
which projects should receive funding.
Mr. Ruane moved for adjournment, seconded by Mr. Truitt and unanimously
carried.
Meeting Adjourned at 6:36 P.M.
Respectfully submitted,
Robert M. Sadusky
Chairman
RMS/jcr
S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2006\03-14-2006-CPAG.wpd
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 40
City Of Dover, DE 2006 Action Plan Page I-9
SIGN IN SHEET
CDBG FIRST PUBLIC HEARING
FY 2006
MARCH 14, 2006
NAME ADDRESS TELEPHONE #
Sherwanda Rachal P.O. Box 475 Dover, DE 736-7050
Kim Brokenbrough DSHA 18 The Green 739-2707
Christine Stillson RC&D 1221 College 424-6710
Park Drive
Lauren Nelson RC&D 424-6744
Marian Harris House of Pride 677-0173
Ray Famble House of Pride 677-0126
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 41
City Of Dover, DE 2006 Action Plan Page I-10
NOTICE OF SECOND PUBLIC HEARING
In accordance with Federal Regulations governing the City of Dover Community
Development Block Grant Program, the City of Dover will hold a second public hearing
Thursday, April 13, 2006 at 5:30 PM in the City Hall Council Chambers, 15 E.
Loockerman Street, Dover, to afford citizens an opportunity to comment on the proposed
2006 Action Plan and projected use of funds. The City will consider any comments or
views of citizens received in writing or orally at the public hearing. A summary of these
comments or views and summary of any comments or views not accepted and reasons
therefore, shall be attached to the plan. Receipt of written comments will close at 5:00
PM on April 28, 2006. This Federally funded program will provide funds to support
Community Development activities in eligible communities within the City of Dover. If
you have a vision, hearing or physical impairment that requires accommodation either in
the reading of this notice or at the public hearing, the City of Dover will provide
appropriate assistance, please call Community Development Office at 736-7175 between
the hours of 8:00 AM and 5:00 PM. If you have a hearing impairment, the State TDD
Relay Center number is 1-800-855-1155 same hours.
EQUAL HOUSING OPPORTUNITY
Community Development Office
P.O. Box 475
Dover, DE 19901
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 42
City Of Dover, DE 2006 Action Plan Page I-11
PUBLIC NOTICE
The City of Dover 2006 proposed Action plan will be available for review and comment
for a period of thirty days beginning on March 31, 2006 and ending on May 1, 2006.
Copies of the Action Plan will be available at the following locations: Department of
Planning and Inspections located in City Hall on Loockerman Street and the City of
Dover Public Library reference desk on State Street. Comments or questions concerning
the Action Plan should be in writing and directed to:
Tracey N. Harvey
Community Development Director
Fair Housing Counselor
City of Dover
P.O. Box 475
Dover, DE 19903
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 43
City Of Dover, DE 2006 Action Plan Page I-12
SECOND PUBLIC HEARING
ACTION PLAN
FY 2006 MINUTES
APRIL 13, 2006
The public hearing was called to order at 5:45 PM in the Caucus Room.
Mrs. Tracey Harvey called the meeting to order. Mrs. Harvey stated the Public Hearing
was being held to inform the citizens of the proposed grant recommendations for the
2006 fiscal year, and will be open for public comments following the review of
recommendations.
The proposed projects provide a recommended funding strategy that is consistent with the
following 2005 Consolidated Plan goals:
1. Encourage owner occupied housing in low to moderate income areas.
2. Preserve the existing housing stock in the City of Dover.
3. Provide decent and safe neighborhoods.
4. Increase the livability of our neighborhoods.
Mrs. Harvey indicated the total grant allotment for fiscal year 2006 is $289,125 including
program income. Twenty percent (20%) of the grant will be used for Program
Administration to manage the Community Development Block Grant Program.
Mrs. Harvey gave an overview of the six (6) proposed projects with the recommended
funding for each project.
Mrs. Harvey opened the Public Hearing for comments.
Mr. Rob Downer from the House of Pride indicated he wanted to discuss the grant
proposal for the House of Pride (HOP). For nearly twenty years, (HOP) started off as a
referral organization by Ms. Marian Harris and is now a corporation dedicated to the
revitalization of the downtown area. We own 15 properties on New Street and 5 or 6 are
rentals. I have been affiliated with (HOP) for four years, and the work that the
community members through sponsorship encouragement of the (HOP) has provided in
the area has drastically improved the area for residents and community members. Drug
activity and other related criminal activity has been decreased. There have been positive
changes within the community and that’s been our mission over the years to provide
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 44
City Of Dover, DE 2006 Action Plan Page I-13
a self sustaining community which I think (HOP) has achieved. The (HOP) does all of
the things that have been proposed for the 2006 Action Plan. I think the things that have
been done in the community with the repavement of the streets and curbs have been great
and helped our mission to improve the area. I am really happy that the city has decided
to undertake that project to improve the community in that area. New Street has been
completed and I think that’s wonderful. One of the things we focused on for the
proposal for the Block Grant is to take one of our donated properties located at 35 N.
New Street which was scheduled for demolition, and convert it into a Transitional Family
Home for 4 to7 individuals. We propose that all of the work will be done by members of
the community and by members of the recovery program. This goes along with our
mission of providing a self sustaining community where people can actually see a return
investment in the community, see a return encouraging homeownership and encouraging
decision making for those members of the community. I think that speaks really well to
the things that are listed in the 2006 Action Plan projects and the overall mission for the
city, to provide people with opportunities that otherwise would not be there for them.
We propose about $42,000 with a match of $29,766 for a total of $71,766 for the total
project. The administration of the project will be taken care of by the members of the
House of Pride. In general that is what our project consist of. I think the previous efforts
of our organization to provide rehabilitation of buildings that would otherwise be
demolished or abandoned for a period time have been very successful. We actually had a
project a couple of years ago called S.A.V.E. (Shelter Adoption Voluntary Efforts) that
started with beautification efforts with the planting of flowers, repairing a fence and
starting a garden, and it has progressed since then. A couple of the buildings we have
saved from demolition and abandonment are 110 S. New Street, 38 S. New Street, 45 S.
New Street and 35 N New Street would include all major renovation projects.
Mrs. Harvey asked what else needed to be done to the property at 35 N. New Street?
Would it include interior work that needs to be done?
Mr. Downer replied plumbing, heating, electrical, carpet and flooring, removal of debris,
and making sure the building is brought up to code.
Mrs. Harvey stated that she noticed in the application for (HOP) a contractor had already
been chosen to complete the project. If you were to receive CDBG funds, you would be
required to go to bid.
Mr. Downer replied okay, thank you.
Mrs. Harvey asked if there were any more comments.
Mr. Alex Martin (HOP) added they are interested in renovating the property at 35 N.
New Street for a family of 4 to7 people. There is still a lot of interior work that needs to
be done as well as exterior work.
Mrs. Harvey asked who will do the exterior work.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 45
City Of Dover, DE 2006 Action Plan Page I-14
Mr. Martin replied clients and volunteers will do the work. We need contractors to
complete the electrical and the plumbing; we ourselves can do most the labor.
Mrs. Harvey replied you would have to bid the work out in order to receive federal
funds.
Mr. Martin responded, where we stand now at 35 N. New Street, we would need to go
to bid?
Mrs. Harvey replied yes.
Mr. Downer asked when you are talking about federal funds through the block grant
program; one of the guidelines when you’re talking about bidding is a major part of it.
Mrs. Harvey replied HUD Federal Regulations require that subgrantees go to bid for
rehabilitation projects with a least two or more responsible bidders.
With no further questions or comments, the meeting adjourned at 6:00 PM
Tracey N. Harvey
Community Development Director
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 46
City Of Dover, DE 2006 Action Plan Page I-15
SIGN IN SHEET
CDBG SECOND PUBLIC HEARING
FY 2006
APRIL 13, 2006
NAME ADDRESS TELEPHONE #
Rob Downer House of Pride 677-0116
Alex Martin House of Pride 677-0116
Randy Broadus House of Pride 677-0116
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 47
City Of Dover, DE 2006 Action Plan Page I-16
1. STATE PROGRAMS
Housing Rehabilitation Loan Program (HRLP). Provides home improvement loans to
owner-occupants or landlords interested in moderately rehabilitating existing properties.
These loans, up to a maximum amount of $15,000 per unit, are made at 3% interest rate
for a term up to ten years. Program is available statewide.
2. LOCAL PROGRAMS
City of Dover Community Development Block Grant (CDBG) Program. This program
has been designed to expand housing opportunities and housing choices for low and
moderate income persons living in targeted areas of Dover, to protect the public health
and welfare of Dover citizens, especially low and moderate income persons by:
1) Preventing or eliminating slums or neighborhood blight.
2) Rehabilitation of Substandard Owner Occupied Housing.
3) Funding Special Needs Facilities.
4) Infrastructure in the Target Area.
The following is a brief list of the projects funded through the City of Dover CDBG
program demonstrating the range of activities covered by the program:
¾ ADA improvements have been made to several city-owned buildings making
them handicap accessible.
¾ In 2005, Dover Housing Authority was provided a grant to demolish two
substandard homes in the target area to construct affordable housing for low to
moderate income persons.
¾ From 1995 through 2005, the City of Dover Police Department has been funded
to perform Operation Foot Beat, which includes community policing and drug
enforcement in the downtown target area.
¾ Down payment and settlement assistance was provided to a total of 41 first time
home buyers who are low to moderate income persons since the initiation of the
Dover First Start Assistance Program.
¾ From 2004 to 2005 there were 8 owner occupied houses rehabilitated to meet
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 48
City Of Dover, DE 2006 Action Plan Page I-17
standards of the City Housing Code under the Homeowner Rehabilitation
Assistance Program.
¾ From 2003 to 2005 CDBG funds were used to address the infrastructure needs of
the target area with the reconstruction of the streets and curbs. This project is
expected to be completed in the spring of 2007.
Target Block Program The purpose of the target block approach is to concentrate
resources available to the public, private, and non-profit sector’s for housing program in a
specific area (known as the Target Block). The target block consists of one of Dover’s
oldest working class neighborhoods located in west central Downtown. This
concentrated approach is to insure the likelihood of an immediate visual impact and long-
term stabilizing effect of each area.
The major element of the target block program will be concentrated home-to-home
internal inspection to determine deficiencies, which need to be corrected. Substandard
housing requiring plumbing, electrical update to meet the Dover building code, but which
is basically sound and suitable for rehabilitation have been targeted. A sufficient number
of low and moderate income families must reside in the area.
Inclusionary Zoning – Unlike many communities, Dover has not practiced “exclusionary
zoning” were most of the undeveloped land is designated for large lot single family
detached homes. To the contrary, The Dover Plan (Dover’s Comprehensive Plan)
designates a large portion of undeveloped lands for moderate density housing, and a
smaller but significant portion for high density housing. The land is subsequently zoned
accordingly, permitting a range of residential densities and housing types. The most
recent Dover Plan update was adopted in September 2003 and amended in May 2005.
The Land Development Plan specifically identifies a range of residential land uses from
low density to high density throughout the City.
As part of the implementation of the Comprehensive Plan update, a new ordinance was
proposed and adopted establishing the Traditional Neighborhood Design (TND) zone in
November 2004. The Traditional Neighborhood Design (TND) zone allows for the
creation of a walkable pedestrian friendly mixed-use neighborhood with residential,
commercial, and professional office areas. The tract of land known as Eden Hill Farm
was rezoned to TND and the general overall master plan for the development
incorporates a mix of residential types from single family homes to townhouses and the
potential for apartments over commercial uses. Additional review of the project plans
must be completed prior to start of development activities at the Eden Hill Farm.
Also promoting mixed residential developments is the Planned Neighborhood Design
Option (PND) adopted in 1996. The Planned Neighborhood Design Option encourages
superior site design by relaxing bulk standards, requiring more open space and
recreational areas, permitting various housing styles in all zones, and providing
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 49
City Of Dover, DE 2006 Action Plan Page I-18
incentives to mix housing types to encourage less homogeneous development patterns.
Accessory apartment associated with single family residences are permitted if certain
design criteria are met. Density bonuses for community features (such as neighborhood
commercial uses or day care centers) are offered. Although there are no direct
requirements for affordable housing or subsidized units, clearly these types of units could
easily accommodate within these style developments. Three PND developments are
currently under construction (Lexington Glen, Clearview Meadows, and Village of
Cannon Mill) pending promise to offer over 800 new housing units including single
family detached, townhouses, duplexes, and apartment units. The Luther Village PND
currently under construction focuses on a Senior Citizen Housing Option, for Low &
Very Low Income Persons. Several other PND projects are in the review process.
Housing Inspection Program – The City of Dover has adopted the International Code
Council 2003 Property Maintenance Code as its Housing Code and has six full time
inspectors dedicated to investigating housing complaints and doing routine inspections of
multiple family dwelling structures. The inspectors work throughout the City, but have
targeted the older neighborhoods in west central Dover as an area where most violations
exist. The housing inspectors are also an integral part of the Target Block Program.
Inspections typically include all exterior and interior structural members, heating,
plumbing, and venting systems, space requirements, sanitary facilities and exterior
property maintenance.
PRIVATE RESOURCES
For-profit
In the for-profit area the major resources for housing will be local lending institutions that
are looking for quality housing projects (ownership and rental) to support in conjunction
with their requirement to comply with the Community Reinvestment Act (CRA). Several
local banking institutions in response to CRA requirements have joined together to form
the Delaware Community Investment Council. The Council will provide low-interest
loans to non-profits for developing affordable housing.
Favorable mortgage lending terms for projects not typically financed that are in areas
under-served by local financial institutions will be the primary resource expected.
Non-Profit
There are several non-profit foundations that serve the Dover area and have established
housing and housing related services as priorities for their annual or semi-annual grants.
Among them are the following:
Delaware Community Foundation
Crystal Trust
Milton and Hattie Kutz Foundation
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 50
City Of Dover, DE 2006 Action Plan Page I-19
Gannett Communities Funds
In addition to non-profit foundations there are several non-profit organizations that
provide housing or housing related services. For example the National Council on
Agricultural Life and Labor Research Fund, Inc. (NCALL) provides comprehensive
home ownership counseling services and technical assistance to non-profits involved with
the HOME program and Central Delaware Habitat for Humanity and Dover’s First Start
Home Ownership Down Payment and Settlement Program.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 51
City Of Dover, DE 2006 Action Plan Page I-20
Public Review
2006 Proposed Action Plan
March 31, 2006
Copies of the Proposed Action Plan were on display in City Hall and the Public Library
for 30 days. At the close of review, there were no public comments.
.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 52
City Of Dover, DE 2006 Action Plan Page I-21
2006 ACTION PLAN GOALS
1. Provide ownership opportunities throughout the community, especially
within low and moderate income neighborhoods.
2. Preserve the existing housing stock in the City of Dover.
3. Provide decent and safe neighborhoods
4. Increase the livability of our neighborhoods
The following projects provide a recommended funding strategy for the
achievement of these goals and objectives in accordance with the purpose and
intent of the City of Dover 2005 -2010 Consolidated Plan.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 53
City Of Dover, DE 2006 Action Plan Page I-22
I.6 Proposed Activities to be undertaken
The total grant allotment for fiscal year 2006 is $289,125 including program income.
Twenty Percent (20%) of the grant will be used for Program Administration to manage
the Community Development Block Grant Program.
The following activities are projects that are proposed to be funded by the City of Dover
Community Development Office.
Project 1: Homeownership Assistance Program
The City will go into partnership with Delaware State Housing Authority, Dover
Housing Authority and other housing providers to assist low to moderate income
persons purchase homes in the City of Dover. This project is consistent with Goal
1: Encourage owner occupied housing in low to moderate income areas through
objective 1.2 in the 2005 Consolidated Plan.
Total Funding …………………………………………………. $60,000.00
Project 2: CDBG Program Administration
CDBG Funds will be used to oversee management, monitoring and coordination
of the CDBG program in the City of Dover. Funding defers cost of staffing the
program.
Total Funding …………………………………………………. $57,825.00
Project 3: Community Revitalization Infrastructure
CDBG funds will be used to address the infrastructure needs in the target area
with the reconstruction of the streets and curbs. This project is consistent with
Goal 2: Preserve the existing housing stock in the City of Dover, through
Objective 2.2 in the 2005 Consolidated Plan.
Total Funding ………………………………………………….. $60,000.00
Project 4: Homeowner Rehabilitation Assistance Program
CDBG Funds will be used to rehabilitate qualified owner/occupied homes found
in violation of the City’s Housing Code. This project is consistent with Goal 2:
Preserve the existing housing stock in the City of Dover, through Objective 2.1 in
the City of Dover 2005 Consolidated Plan.
Total Funding …………………………………………………… $61,300.00
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 54
City Of Dover, DE 2006 Action Plan Page I-23
Project 5: First State Resource Conservation and Development Council (RC&D)
CDBG funds will be used to assist very low income homeowners with emergency
repairs to eliminate severe housing conditions that constitute health and safety
hazards. This project is consistent with Goal 2: Preserve the existing housing
stock in the City of Dover, through Objective 2.3 in the 2005 Consolidated Plan
Total Funding ………………………………………………… $25,000.00
Project 6: Dover Community Partnership, Inc. (DCP)
CDBG funds will be used to remodel homes in the target area purchased by Dover
Housing Authority and then sold to low to moderate income families. This
project is consistent with Goal 1: Encourage owner occupied housing in low to
moderate income areas through objective 1.2 in the 2005 Consolidated Plan.
Total Funding ………………………………………………… $25,000.00
Total Funding………………………………………………………...$289,125.00
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 55
City Of Dover, DE 2006 Action Plan Page I-24
I.7 Maps of Dover
The following maps depict the City of Dover.
Map II-1 City of Dover Census Tracts and Block Groups
This map shows the various Census Tracts and Census Block Groups in the City of
Dover area. The Tracts and Blocks are numbered for easy reference to sections of the
text which mention specific tract and block numbers.
Map II - 2 City of Dover Areas of Minority Concentration
This map shows the areas where minorities are concentrated in the City of Dover. For
more information see the City of Dover 2005 Consolidated Plan.
Map II - 3 City of Dover Low to Moderate Income Areas
This map shows Dover's low to moderate income areas, based on the 2000 US Census
Block Groups. HUD has designated that for Dover, areas with more than a 49.4%
population of low to moderate income persons qualify for area benefit activities. The
block groups with 49.4% low to moderate income population or greater are shown in tan
on Map II - 3. For more information see the City of Dover 2005 Consolidated Plan.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 56
City Of Dover, DE 2006 Action Plan Page I-25
Map II-1 City of Dover Census Tracts and Block Groups
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 57
City Of Dover, DE 2006 Action Plan Page I-26
Map II - 2 City of Dover Areas of Minority Concentration
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 58
City Of Dover, DE 2006 Action Plan Page I-27
Map II - 3 City of Dover Low to Moderate Income Areas
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 59
City Of Dover, DE 2006 Action Plan Page II-28
II GEOGRAPHIC DISTRIBUTION:
Project 06-1 – Homeownership Assistance Program
City Wide
Project 06-2 – CDBG Program Administration
City Wide
Project 06-3 – Community Revitalization Infrastructure
Target Area
Project 06-4 – Homeowner Rehabilitation Assistance Program
City Wide
Project 06-5– First State Resource Conservation and Development Council (RC &D) .
City Wide
Project 06-6 – Dover Community Partnership, Inc.
Target Area
SERVICE DELIVERY AND MANAGEMENT:
The City of Dover Community Development Office will assume overall responsibility for
the implementation of the Action Plan. In addition, the Community Development office
will directly manage and administer the City of Dover Housing Rehabilitation Grant
Program and Housing Rehabilitation for Home Ownership and the buyers in Dover.
.
II.1 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES:
At the present time, there are six scattered site neighborhood homes that have been
developed by the Alliance for the Mentally Ill in Delaware. These homes provide
housing for persons who are chronically mentally ill. The homes have been funded
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 60
City Of Dover, DE 2006 Action Plan Page II-29
through the HUD Section 202 Program so that the residents pay 30% of their adjusted
gross income for rent and utilities. The homes have project based rent subsidies.
The Delaware HIV Consortium’s HOPWA (Housing Opportunities for People with
AIDS) program. The consortium entered into a contract with the Delaware State Housing
Authority to provide tenant based rental assistance to people with HIV/AIDS in the State
of Delaware. This program is now fully operational statewide. Clients are referred to the
program by staff from agencies that provide HIV case management services such as Kent
County Counseling Services and the Division of Public Health located in the City of
Dover. In Kent County, the program currently provides rental assistance to
approximately 35 families and has an additional waiting list of 270 families. Because the
demand for the program is greater than can be met, staff encourages all program
participants and potential program participants to apply for alternate forms of subsidized
housing through such avenues as Dover Housing Authority and the Delaware State
Housing Authority.
II.2 LEAD BASED PAINT HAZARD REDUCTION (24 CFR 91.215 (f))
The City of Dover has 10,815 housing units in its jurisdiction. Of those, 4,884 are renter-
occupied and 5,931 are owner-occupied. Of the renter-occupied units, 3,376 units, or
about 70% of the total were built before 1979. Of the owner-occupied units, 4,179 units,
or about 80% of the total were built before 1979.
Although the City does not have detailed data on the potential incidence of the lead-based
paint hazard, these statistics at least indicate that the City's housing stock is highly "at-
risk". In addition, a high incidence of the rental (65%) and owner-occupied (35%) units
that are "at-risk" are occupied by very-low or other-low families that are least able to be
in a position to afford the abatement of the hazard if it does exist.
Currently, the State of Delaware Department of Public Health enforces lead based paint
abatement within the City of Dover. Under the State's program, families with children
who have been diagnosed by the Public Health centers with lead poisoning are referred to
a State Lead Based Paint Inspector. The inspector then performs the relevant technical
analysis of the family’s residence. If lead based paint is discovered, abatement is
required. The City of Dover Department of Inspections acts in partnership with the State
in assuring that lead paint hazards are reduced or eliminated, and that affected housing
units are brought up to code.
The City currently requires lead-based paint testing and abatement in conjunction with its
CDBG rehabilitation program. The City of Dover Department of Planning and
Inspections does not have the equipment necessary to accurately identify lead-based paint
during housing inspections. However, the City is exploring the possibility of providing
training to its housing inspectors to allow testing of lead based paint on a regular basis.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 61
City Of Dover, DE 2006 Action Plan Page II-30
In addition to the activities of the City of Dover and the State of Delaware Department of
Public Health, the Dover Housing Authority has been active in lead based paint
abatement in the city. The Dover Housing Authority has tested and abated lead-based
paint in all its public housing units. The Dover Housing Authority also deals with the
lead paint hazard in private rental units through the enforcement of the Housing Quality
Standards in conjunction with its Section 8 Rental Certificate/ Rental Voucher Program.
II.3 ANTI-POVERTY STRATEGY(24 CFR 91.215 (f))
In 2000, the US Census found that approximately 13.8% of Dover's population lived
below the poverty level. This percentage was somewhat higher than surrounding areas in
Kent County (which had 8.1% of the population below poverty level) and higher than the
average for the State of Delaware (6.5%). Clearly, there is a concentration of persons
living below the poverty level in Dover.
To address poverty within the City of Dover, a multi-faceted anti poverty strategy will be
described below. This strategy stresses partnership with and the support of other
agencies and organizations. Within the City of Dover there are two full service housing
authorities, and various social service agencies which need and deserve the city's support.
In addition to these service providers, the City of Dover will direct revitalization
economic development, and code enforcement efforts at low to moderate income
neighborhoods. This will provide quality places for people in these neighborhoods to live
and work, and provide them with new and better opportunities to earn a living.
The following are the four main elements of the City of Dover's Anti-Poverty Strategy:
Highest Priority Given to Funding Proposals which Address or Fight Poverty: The City
of Dover CDBG Committee will give the highest priority in the Five Year Plan to
proposals which are targeted towards those living in poverty. These proposals must be
consistent with one or more of the following Priorities identified in this plan:
Economic Development
Improve Quality of Housing Stock and Infrastructure
Aid to Special Needs Persons
Support Family Self-Sufficiency Programs and other Resident Initiatives/Counseling
Programs at Dover's Housing Authorities. Both the Delaware State Housing Authority
and the Dover Housing Authority provide their residents with support and assistance in
job training, parenting, counseling, financial management, and other skills. These
programs are integrated in the housing programs through the Family Self-Sufficiency
Program and/or other Resident Initiatives. It is the position of the City of Dover that
these programs provide excellent opportunities for those in public housing to become
economically and socially self sufficient. The City of Dover will provide assistance and
support as requested to encourage the continuance of these programs.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 62
City Of Dover, DE 2006 Action Plan Page III-31
Support the Various Social Service Providers that serve Dover's poor. There is a network
of service providers presently operating in Dover that serve the city's poor. These
providers include The State of Delaware Division of Health and Social Services, the State
Service Centers, and Whatcoat Social Services (which operates the Ruth N. Dorsey
Shelter.) There are also numerous non-profit corporations within the City, including the
Dover Housing Development Corporation and the House of Pride. The City will support
the missions and the functions of these organizations by providing technical and planning
support, and when possible implementing physical improvements to infrastructure, which
serves these facilities.
Economic Development. The only way to solve the problem of poverty is to help
families earn more money. To do so, there must be an abundant supply of jobs available
to low and moderate income persons. It is the strategy of the city to use multiple
approaches to job creation.
Both the Dover Downtown Development Corporation and Main Street Dover encourage
the development and expansion of businesses in the Downtown Area. A special focus
should be firms, which provide jobs for low to moderate-income persons. Job creation in
the downtown area will serve the dual goals of maintaining and enhancing the older
buildings in this historic area, and providing employment in close proximity to a low to
moderate income neighborhood.
Both the Central Delaware Chamber of Commerce and the Kent County Aero Park
encourage the development of new businesses elsewhere in the Dover area. The
attraction and retention of new corporations and manufacturing firms to Dover will
provide additional jobs for low to moderate-income persons.
III Certifications
III.1 General Certification
In accordance with the applicable statutes and the regulations governing the
Consolidated Plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair
housing by taking corrective actions to remedy the impediments that have been identified
in the Analysis of Impediments (AI) study for the State of Delaware in which the City of
Dover has been incorporated. The City has tailored the AI by addressing the
impediments specifically for the City of Dover as an addendum to the State’s AI and
adopting the AI. The addendum has been incorporated in the 2005 Consolidated Plan.
Anti-Discrimination -- The grants will be conducted and administered in compliance
with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42
U.S.C. 3601-3620), the Age Discrimination Act of 1975, Executive Orders 11063, 11625,
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 63
City Of Dover, DE 2006 Action Plan Page III-32
12138, 12432 and 12892, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
the Americans with Disabilities Act (title II) and implementing regulations.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, as required under §570.606(b) and Federal
implementing regulations; and that it has in effect and is following a residential ant
displacement and relocation assistance plan required under section 104(d) of the Housing
and Community Development Act of 1974, as amended, and the relocation requirements
of §570.606(c) governing optional relocation assistance under section 105(a)(11) of the
Housing and Community Development Act of 1974, as amended;
Drug Free Workplace -- It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition;
2. Establishing an ongoing drug-free awareness program to inform
employees about
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 64
City Of Dover, DE 2006 Action Plan Page III-33
(b) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving
notice under subparagraph 4(b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of
such notices. Notice shall include the identification number(s) of each
affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph 4(b), with respect to any employee who is so
convicted -
(a) Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of
the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
8. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Dover City Hall
15 East Loockerman Street
Dover, DE 19901
Check if there are workplaces on file that are not identified here; the certification with regard
to the drug-free workplace required by 24 CFR part 24, subpart F.
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 65
City Of Dover, DE 2006 Action Plan Page III-34
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph (n) of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly. The jurisdiction is in compliance with restrictions
on lobbying required by 24 CFR part 87, together with disclosure forms, if
required by that part.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 66
City Of Dover, DE 2006 Action Plan Page III-35
Legal Authority -- It possesses legal authority under State and local law to make grant
submissions and to execute a community development and housing programs and the
jurisdiction's governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the person identified as the official representative of
the grantee to submit the housing and community development plan and amendments
thereto and all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the grantee to act in
connection with the submission of the housing and community development plan and to
provide such additional information as may be required;
Applicable Laws -- The jurisdiction will comply with the other provisions of the Acts
covering programs covered by the HCD plan and with other applicable laws.
Section 3. -The jurisdiction will comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR
part 135.
Signature Date
Title
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 67
City Of Dover, DE 2006 Action Plan Page III-36
III.2 Specific CDBG Certifications
The Entitlement Community certifies that:
Use of Funds -- It has developed its HCD plan one-year projected use of funds so as to
give maximum feasible priority to activities which benefit low and moderate income
families or aid in the prevention or elimination of slums or blight; (the projected use of
funds may also include activities which the grantee certifies are designed to meet other
community development needs having a particular urgency because existing conditions
pose a serious and immediate threat to the health or welfare of the community, and other
financial resources are not available); except that the aggregate use of CDBG funds
received under section 106 of the Housing and Community Development Act of 1974, as
amended, and if applicable, under section 108 of the same Act, during program year(s)
2005-2010 (a period specified by the grantee consisting of one, two, or three specific
consecutive program years), shall principally benefit persons of low and moderate
income in a manner that ensures that not less than 70 percent of such funds are used for
activities that benefit such persons during such period;
Community Development Plan -- It has developed a community development plan, for
the period specified in the paragraph above, that identifies community development and
housing needs and specifies both short and long-term community development objectives
that have been developed in accordance with the primary objective and requirements of
the Housing and Community Development Act of 1974, as amended;
Special Assessments -- It will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under section 106 of the
Housing and Community Development Act of 1974, as amended, or with amounts
resulting from a guarantee under section 108 of the same Act by assessing any amount
against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such
public improvements, unless:
1. Funds received under section 106 of the Housing and Community
Development Act of 1974, as amended, are used to pay the proportion of
such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under
Title I of that Act; or
2. For purposes of assessing any amount against properties owned and
occupied by persons of moderate income, the grantee certifies to the
Secretary that it lacks sufficient funds received under section 106 of the
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 68
City Of Dover, DE 2006 Action Plan Page III-37
Housing and Community Development Act of 1974, as amended, to
comply with the requirements of subparagraph (1) above;
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures
concerning lead-based paint will comply with §570.608;
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject
of such non-violent civil rights demonstrations within its jurisdiction;
Signature Date
Title
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 69
City Of Dover, DE 2006 Action Plan Page III-38
III.3 OPTIONAL CERTIFICATION CDBG
Deleted
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 70
City Of Dover, DE 2006 Action Plan Page III-39
III.4 APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the
grantee is providing the certification set out in paragraph (o).
2. The certification set out in paragraph (o) is a material representation of
fact upon which reliance is placed when the agency awards the grant. If it
is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free
Workplace Act, HUD, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug-Free
Workplace Act.
3. For grantees other than individuals, Alternate I applies. (This is the
information to which entitlement grantees certify).
4. For grantees who are individuals, Alternate II applies. (Not applicable to
CDBG Entitlement grantees.)
5. Workplaces under grants, for grantees other than individuals, need not be
identified on the certification. If known, they may be identified in the
grant application. If the grantee does not identify the workplaces at the
time of application, or upon award, if there is no application, the grantee
must keep the identity of the workplace(s) on file in its office and make
the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 71
City Of Dover, DE 2006 Action Plan Page III-40
6. Workplace identifications must include the actual address of buildings (or
parts of buildings) or other sites where work under the grant takes place.
Categorical descriptions may be used (e.g., all vehicles of a mass transit
authority or State highway department while in operation, State employees
in each local unemployment office, performers in concert halls or radio
stations).
7. If the workplace identified to the agency changes during the performance
of the grant, the grantee shall inform the agency of the change(s), if it
previously identified the workplaces in question (see paragraph five).
8. Definitions of terms in the No procurement Suspension and Debarment
common rule and Drug-Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the following
definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C.812) and as further
defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All "direct charge"
employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are not on the grantee's
payroll. This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or
employees of subrecipients or subcontractors in covered workplace.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 72
City Of Dover, DE 2006 Action Plan Page IV-41
IV DEFINITIONS
Certification. A written assertion, based on supporting evidence, that must be kept available for
inspection by HUD, by the Inspector General of HUD, and by the public. The assertion
shall be deemed to be accurate unless HUD determines otherwise, after inspecting the
evidence and providing due notice and opportunity for comment.
Consolidated plan (or "the plan"). The document that is submitted to HUD that serves as the
planning document (comprehensive housing affordability strategy and community
development plan) of the jurisdiction and an application for funding under any of the
Community Planning and Development formula grant programs (CDBG, ESG, HOME,
or HOPWA), which is prepared in accordance with the process prescribed in this part.
Consortium. An organization of geographically contiguous units of general local government
that are acting as a single unit of general local government for purposes of the HOME
program (see 24 CFR part 92).
Cost burden. The extent to which gross housing costs, including utility costs, exceed 30 percent
of gross income, based on data available from the U.S. Census Bureau.
Emergency shelter. Any facility with overnight sleeping accommodations, the primary purpose
of which is to provide temporary shelter for the homeless in general or for specific
populations of the homeless.
Extremely low-income family. Family whose income is between 0 and 30 percent of the median
income for the area, as determined by HUD with adjustments for smaller and larger
families, except that HUD may establish income ceilings higher or lower than 30 percent
of the median for the area on the basis of HUD's findings that such variations are
necessary because of prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes.
Homeless family with children. A family composed of the following types of homeless persons:
at least one parent or guardian and one child under the age of 18; a pregnant woman; or a
person in the process of securing legal custody of a person under the age of 18.
Homeless person. A youth (17 years or younger) not accompanied by an adult (18 years or
older) or an adult without children, who is homeless (not imprisoned or otherwise
detained pursuant to an Act of Congress or a State law), including the following:
(1) An individual who lacks a fixed, regular, and adequate nighttime
residence; and
(2) An individual who has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 73
City Of Dover, DE 2006 Action Plan Page IV-42
(ii) An institution that provides a temporary residence for individuals
intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
Homeless subpopulations. Include but are not limited to the following categories of homeless
persons: severely mentally ill only, alcohol/drug addicted only, severely mentally ill and
alcohol/drug addicted, fleeing domestic violence, youth, and persons with HIV/AIDS.
Jurisdiction. A State or unit of general local government.
Large family. Family of five or more persons.
Lead-based paint hazards. Any condition that causes exposure to lead from lead-contaminated
dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces, or impact surfaces that would result in adverse
human health effects as established by the appropriate Federal agency.
Low-income families. Low-income families whose incomes do not exceed 50 percent of the
median family income for the area, as determined by HUD with adjustments for smaller
and larger families, except that HUD may establish income ceilings higher or lower than
50 percent of the median for the area on the basis of HUD's findings that such variations
are necessary because of prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes.
Middle-income family. Family whose income is between 80 percent and 95 percent of the
median income for the area, as determined by HUD, with adjustments for smaller and
larger families, except that HUD may establish income ceilings higher or lower than 95
percent of the median for the area on the basis of HUD's findings that such variations are
necessary because of prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes. (This corresponds to the term "moderate income
family" under the CHAS statute, 42 U.S.C. 12705.)
Moderate-income family. Family whose income does not exceed 80 percent of the median
income for the area, as determined by HUD with adjustments for smaller and larger
families, except that HUD may establish income ceilings higher or lower than 80 percent
of the median for the area on the basis of HUD's findings that such variations are
necessary because of prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes.
Overcrowding. For purposes of describing relative housing needs, a housing unit containing
more than one person per room, as defined by the U.S. Census Bureau, for which data are
made available by the Census Bureau. (See 24 CFR 791.402(b).)
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 74
City Of Dover, DE 2006 Action Plan Page IV-43
Person with a disability. A person who is determined to:
(1) Have a physical, mental or emotional impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live independently; and
(iii) Is of such a nature that the ability could be improved by more suitable
housing conditions; or
(2) Have a developmental disability, as defined in section 102(7) of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-6007); or
(3) Be the surviving member or members of any family that had been living in an
assisted unit with the deceased member of the family who had a disability at the time
of his or her death.
Poverty level family. Family with an income below the poverty line, as defined by the Office of
Management and Budget and revised annually.
Severe cost burden. The extent to which gross housing costs, including utility costs, exceed 50
percent of gross income, based on data available from the U.S. Census Bureau.
State. Any State of the United States and the Commonwealth of Puerto Rico.
Transitional housing. A project that is designed to provide housing and appropriate supportive
services to homeless persons to facilitate movement to independent living within 24
months, or a longer period approved by HUD. For purposes of the HOME program, there
is no HUD- approved time period for moving to independent living.
Unit of general local government. A city, town, township, county, parish, village, or other
general purpose political subdivision of a State; an urban county; and a consortium of
such political subdivisions recognized by HUD in accordance with the HOME program
(24 CFR part 92) or the CDBG program (24 CFR part 570).
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 75
City Of Dover, DE 2006 Action Plan Page V-44
V MONITORING
V.1 General Procedures
Monitoring is basically a review of programs, projects and activities administrative procedures as
an on-going process that is implemented. When a sub-recipient receives notification of grant
award the process continues through invoices, monthly report submittal, and three site visits
including activity closeout.
The monitoring reports are used to determine the process and identifty problems. Staff reviews
the reports with the sub-recipient and suggests changes and/or modifications as needed. If issues
are identified, staff makes specific recommendations for addressing the problems and identifies
action that must be taken and a deadline is included in the monitoring letter.
S:\ClerksOffice\Packets\2006\Council\05-08-2006\CDBG Action Plan 2006 final revised by msp.doc
Page 76
COUNCIL - 05-08-2006 - 12
RESOLUTION
WHEREAS, the City of Dover is entitled to $278,833 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2006 Action Plan, in accordance with the United
States Department of Housing and Urban Development guidelines, that serve as the primary
planning document for identifying and meeting the housing and community development needs for
the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the National Community
Development objectives of benefiting low and moderate income families, eliminating slums and
blight, and meeting other community development objectives; and
WHEREAS, the United State Department of Housing and Urban Development requires the City of
Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
including the proposed use of funds and including certain certifications and policies to obtain its
$278,833 entitlement; and use of $10,292 in program income for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY
OF DOVER APPROVE THE 2006 Community Development Block Grant Action Plan and
application for Federal Assistance included in the Action Plan, along with certifications and policies
attached and authorize its forwarding to the United States Department of Housing and Urban
Development for consideration.
ADOPTED: *
STEPHEN R. SPEED BEVERLY C. WILLIAMS
MAYOR COUNCIL PRESIDENT
Page 77
COUNCIL - 05-08-2006 - 13
CITY OF DOVER
2006
ANNUAL MEETING APPOINTMENTS
COUNCIL ELECTIONS INCUMBENTS
A. Building Inspector Ann Marie Townshend
B. City Clerk Janice C. Green (through May 16, 2006)
Traci A. McDowell (effective May 17, 2006)
C. Assistant City Clerk Traci A. McDowell (through May 16, 2006)
Hollie M. Ford (effective May 17, 2006)
D. Fire Marshal David J. Truax
E. City Planner Ann Marie Townshend
F. City Solicitor Nicholas H. Rodriguez
G. Deputy City Solicitor William Pepper
H. Tax Assessor Donald Capuano
I. Treasurer/Finance Director Donna S. Mitchell
J. Assistant Treasurers Janice C. Green (through May 16, 2006)
Traci A. McDowell (effective May 17, 2006)
Traci A. McDowell (through May 16, 2006)
Hollie M. Ford (effective May 17, 2006)
S:\ClerksOffice\Council\Annual Meeting\Incumbents-Staff-2006-CAF.wpd Prepared by: City Clerk's Office/jg
Page 78
NOTICE
The Recommendation of Appointments,
Referenced in Agenda Items #14 and #15
for the May 8, 2006 Annual Council Meeting
will be distributed to members after the
Election of Council President/Vice-Mayor (Item #4)
I apologize for any inconvenience. Please contact the City Clerk’s Office at
736-7008 should you have any questions.
Janice C. Green
City Clerk
Page 79
COUNCIL 05-08-2006 - 16
ANNUAL MEETING
MAYORAL APPOINTMENTS - 2006/2007
I. COMMITTEE APPOINTMENTS - MAYOR - During the Annual Meeting, the Mayor will present
Committee Appointments for Council confirmation.
A. DOVER 4TH OF JULY CELEBRATION COMMITTEE - Shall consist of not less than five (5)
members and not more than nine (9) members who shall be appointed annually upon the
recommendation of the Mayor and approval of City Council. The initial Board of Directors shall
serve until the City’s 2005 Annual Meeting and then be appointed at the Annual Meeting each
year thereafter. The membership shall include the Mayor of Dover, who shall serve in an ex-
officio capacity as Chairman of the Board. Other officers shall include a President/Vice
Chairman, Vice President, Secretary, and Treasurer. (At the request of Mayor Hutchison, in
2004, Mr. Carter, Director of Parks and Recreation, and Mrs. Mitchell, Finance
Director/Treasurer, served as staff liaison members).
1. Ron Poliquin, President
2. John J. Friedman, Vice-President
3. Donna Mitchell, Treasurer
4. Dick Bundy, Military Liaison
5. Tim Slavin, Secretary
6. Elaine Brenchley
7. Jim Flood, Jr.
8. Ron Shomo, Musical Director
9. Steve Speed, Chairman (ex-officio member)
B. DOVER PUBLIC LIBRARY ADVISORY COMMISSION - Shall consist of five (5) members,
with staggered five-year terms expiring June 16th, to be appointed by the Mayor and confirmed
by Council. One (1) member of Council shall be appointed during the Annual Meeting to serve
as a liaison member.
1. Councilman Eugene B. Ruane
Page 80
2006 ANNUAL MEETING - MAYORAL APPOINTMENTS PAGE 2
C. DOWNTOWN DOVER DEVELOPMENT CORPORATION - Shall consist of fifteen (15)
members appointed from three (3) categories: 1) Five (5) members, either elected or from
within the government of the City of Dover, to be appointed by the Mayor and confirmed
by Council and shall remain as members so long as deemed appropriate by the Mayor and
City Council, and so long as they continue to be either elected or appointed officials within
the government of the City of Dover (Mayor shall serve as an ex-officio member); 2) One
(1) member appointed from within the State government, to be appointed by the Governor and shall
remain so long as deemed appropriate by the Governor, and so long as he/she continues to be in State
government; and 3) Nine (9) members from the private sector (these members should not hold full-time
elected or appointed public office), with staggered three-year terms, to be appointed by the Mayor and
confirmed by Council.
1. Councilman Carleton E. Carey, Sr.
2. Councilman Rueben Salters
3. Councilman Timothy A. Slavin
4. Anthony DePrima, City Manager
5. Ann Marie Townshend, City Planner
D. ELECTION BOARD - Shall consist of five (5) members, with staggered three-year terms, to be
appointed by the Mayor and confirmed by Council during the Annual Meeting. One member
appointed from each of the four council districts and one appointed from at-large. The Board
shall consist of a non-elected body (or relative of), must be a citizen of U.S., a registered voter
of the City, and have resided in the City for one year prior to the appointment.
1. Thomas J. Leary, Chairman First District (5/09)
2. Gerald P. Foss Second District (5/09)
E. HOUSING CODE BOARD OF APPEALS - Shall consist of three (3) members, one (1) being
a resident generally selected as a representative of homeowners, one (1) representative of the
local real estate industry association, and one (1) member shall be the City Manager.
1. Rexene Ornauer (Representative of Homeowners)
2. Charles Martin (Representative of Local Real Estate)
Page 81
2006 ANNUAL MEETING - MAYORAL APPOINTMENTS PAGE 3
F. SILVER LAKE COMMISSION - Shall consist of seven (7) members to be appointed by the
Mayor and confirmed by Council at the Annual Meeting.
1. Tricia K. Arndt
2. Cheryl A. Biddle
3. Zachery Carter
4. David L. Edgell
5. Robert Gorkin
6. Dean Holden
7. Gordon Massey, Jr.
/jg
S:\ClerksOffice\Council\Annual Meeting\Annual Appointments 2006-Mayor-CAF.wpd Prepared by: City Clerk's Office/jg
Page 82
COUNCIL - 05-08-2006 - 17
RESOLUTION
WHEREAS, the City of Dover’ s investment policy includes the investment of
funds up to $100, 000 per banking institution, investments in the State of Delaware
Investment Pool and the purchase and sale of U. S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies and other
various financial institutions require an Authorizing Resolution for the opening of
accounts, and for purchasing, selling, transferring, assigning and handling securities;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City
of Dover, that the Treasurer and Assistant Treasurers are hereby authorized to open
accounts with banking institutions and purchase, sell, transfer assignment and handle
securities and that they are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried
out with any one signature; and
That, effective May 17, 2006, the following are the office holders authorized for these
purposes, until further notice:
Donna S. Mitchell - Treasurer
Traci A. McDowell - Assistant Treasurer
Hollie M. Ford - Assistant Treasurer
ADOPTED: *
STEPHEN R. SPEED BEVERLY C. WILLIAMS
MAYOR COUNCIL PRESIDENT
Page 83
FIRST READING
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,425.5 FEET WEST OF
MIFFLIN ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from AC - Agricultural Conservation and RS-1 - Single Family Residence
(Kent County) to R-10 - One Family Residence (City of Dover).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover has been amended by changing the zoning designation from AC and
RS-1 (Kent County) to R-10 (City of Dover) on that property located on the south side of
Forrest Avenue, approximately 1,425.5 feet west of Mifflin Road, containing 101.55+/- acres, owned
by Donald M. Carey and Nancy Baker.
ADOPTED: *
S:\ClerksOffice\Annexations\Annex-2006\S Side of Forrest Ave - 101.55 acres\Rezoning Ordinance-First Reading.wpd
Page 84
FIRST READING
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,495.5 FEET WEST OF
MIFFLIN ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from RS-1 - Single Family Residence (Kent County) to A - Agricultural
(City of Dover)
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1
(Kent County) to A (City of Dover) on that property located on the south side of Forrest Avenue,
approximately 1,495.5 feet west of Mifflin Road, containing 5.0+/- acres, owned by Edwin Baker, III,
Donald M. Carey and Ruth Carey.
ADOPTED: *
S:\ClerksOffice\Annexations\Annex-2006\S Side of Forrest Ave - 5.0 acres\Rezoning Ordinance-First Reading.wpd