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Page 1
REGULAR COUNCIL MEETING
AGENDA
June 13, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE
AGENDA ADDITIONS/DELETIONS
* 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.
* 1. Adoption of Minutes
A. Special Council Meeting of May 17, 2005
B. Regular Council Meeting of May 23, 2005
2. Certificate of Recognition - Central Middle School Odyssey of the Mind - World Finals - First
Place - Stunt Mobiles - Division II
3. Public Hearing/Proposed Resolution - Approval of Issuance of Bonds or Notes by the Robbins
Hose Fire Company
4. Public Hearing - 2005/2006 City of Dover Budget
5. Special Council Meeting of May 11, 12, 18 and 19, 2005 (Council Budget Hearings Report)
A. Setting of Property Tax Rate for Fiscal Year 2005/2006 (See Item #12A)
B. Budget Ordinances - Proposed 2005/2006 (See Items #12B-1 - #12B-22)
6. Property Assessment Appeals Report/Public Hearings
* 7. Utility Committee Report - May 23, 2005
A. Puncheon Run Pumping Station Upgrades and Bond Resolution Amending the Projects Funded
by the 2003 Bond Issue
B. Time and Material Contract - George & Lynch, Inc.
* 8. Safety Advisory and Transportation Committee Report - May 24, 2005
A. Consideration of Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic -
Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and
Trailer and Motor Home Parking (committee deferred action)
Page 2
Council Agenda
June 13, 2005 Page 2
9. Legislative, Finance, and Administration Committee Report - June 13, 2005
(except for the following tim e sensitive issues, the LF&A Com m ittee Report from June 13, 2005 will be
presented to Council during their Regular Meeting of June 27, 2005 for Council’s review and consideration)
A. Downtown Dover BID - Assessment (Tax) Rate for Fiscal Year 2005-2006 (See Item #12C)
B. Adoption of Recodification Ordinance (See Item #12D)
* 10. Mayor’s Monthly Report - April 2005
* 11. Appointments by Mayor Speed - Silver Lake Commission (Annual Appointments; Terms to
Expire 5/2006)
A. David Edgell B. Robert Gorkin C. Dean Holden D. Gordon Massey
12. First Reading - Proposed Ordinances
The First Reading is offered on the following proposed ordinances. Final action by Council will take
place during the Second Reading of the ordinances on June 27, 2005. Copies of all proposed ordinances
are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office.
A. Notification of Tax Rate Increase Over the Rolled Back Tax Rate [Required in accordance with
22 Delaware Code Section 1105(b)]
B. Budget Ordinances - 2004/2005 Revised and 2005/2006 City of Dover Budget
b-1. General Fund - Cash Receipts and Budget
b-2. General Capital Asset Replacement Fund - Cash Receipts/Revenue and Budget
b-3. General Fund Contingency - Cash Receipts/Revenue and Budget
b-4. Municipal Street Aid Fund - Cash Receipts/Revenue and Budget
b-5. Delaware Prevention Network - Cash Receipts/Revenue and Budget
b-6. Weed and Seed Fund - Cash Receipts/Revenue and Budget
b-7. Water/Wastewater Fund - Revenue and Budget
b-8. Water/Wastewater Improvement/Extension Fund - Cash Receipts/Revenue and Budget
b-9. Water/Wastewater Capital Asset Reserve Fund - Cash Receipts/Revenue and Budget
b-10. Water/Wastewater Contingency Fund - Cash Receipts/Revenue and Budget
b-11. Electric Revenue Fund - Revenue and Budget
b-12. Electric Utility Improvement and Extension Fund - Cash Receipts/Revenue and Budget
b-13. Electric Utility Contingency Fund - Cash Receipts/Revenue and Budget
b-14. Electric Utility Depreciation Reserve - Sources and Uses of Funds
b-15. Electric Utility Future Capacity (Restricted) Fund - Sources and Uses
b-16. Electric Utility Insurance Stabilization Fund - Sources and Uses
b-17. Electric Utility Rate Stabilization Fund - Sources and Uses of Funds
b-18. Workers Compensation Fund - Cash Receipts/Revenue and Budget
b-19. Transportation Enhancement Grant Fund - Cash Receipts/Revenue and Budget
b-20. Community Transportation Improvement Fund - Cash Receipts/Revenue and Budget
b-21. Post-Retirement Benefit Reserve Fund - Cash Receipts/Revenue and Budget
b-22. P.F.P. Salary Calculations Worksheet (Non-Bargaining Employees)
C. Downtown Dover Business Improvement District - Cash Receipts/Budget FY 2005-2006
D. Recodification Ordinance - City of Dover Code of Ordinances
(Items A & B - Council Budget Hearings; Items C & D - Legislative, Finance, and Administration Committee)
13. Council Members Comments
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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 3
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on May 17, 2005 at 7:00 p.m. with Council President Williams
presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Ritter,
Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Mr. DePrima, Mr. Galvin, Mrs. Green, and Mr. Rodriguez.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously
carried.
PUBLIC HEARING/FINAL READING - COMPREHENSIVE REZONING PROJECT 2005
A public hearing was duly advertised for this time and place to consider a series of Plan
Amendments to the Comprehensive Plan Update 2003, which includes a Comprehensive Rezoning
Project 2005. Members were reminded that in September 2003, City Council adopted the
Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has
been certified by the State of Delaware.
Planner's Review
Mr. Galvin, Director of Planning and Inspections, along with Ms. Melson and Mr. Sherman,
reviewed the Comprehensive Rezoning Proposal and a summary table listing properties proposed
for rezoning, staff’s recommendations and the recommendations of the Planning Commission
(Exhibit #1). Mr. Galvin explained that staff of the Department of Planning and Inspections made
original proposals for 27 areas that included 97 parcels. Four (4) areas, which included six (6)
parcels, were changed based on the input during the public workshops and individual interviews.
The Planning Commission reviewed and approved the amended recommendations of staff for all
areas except those in the Wyoming Avenue, South Governors Avenue, and South Bradford Street
areas.
It was noted that a petition had been submitted to the City Clerk in opposition to the rezoning of
property located at 975 and 979 S. Governors Avenue; 101, 113, 117, and 141 Wyoming Avenue;
and 1090 S. Bradford Street. The petition has been reviewed by the City Assessor’s Office and it
has been determined that since more than 20% of the permitted area protested, the approval of an
amendment will require a three-fourths (3/4) vote of Council.
Public Hearing
Council President Williams declared the hearing open.
Dr. Joel Halpern, 885 S. Governors Avenue, clarified that he did not initiate the proposed rezoning
of properties located on Governors Avenue and Bradford Street. He advised members that there is
a problem with parking, as well as exiting properties on Governors Avenue. It was his feeling that
there has been a lack of communication on the part of the City. Dr. Halpern stated that he will
support the desire of his neighbors in keeping the area zoned residential, with the hope that the City
will assist with resolving parking problems along Governors Avenue.
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 2
Mr. Bill Dannenhauer, Master of Capitol Grange 18 located at 911 S. Governors Avenue, reviewed
with members the function of the Grange, which is one of the oldest organizations in the community.
The Grange provides support for the community and families, and their facility is used for a variety
of reasons such as training sessions and is used by organizations such as Alcoholics Anonymous.
The Grange objects to the property being zoned commercial, noting that if a disaster were to occur,
the facility would have to be built to conform to the commercial zoning. For area 21, Mr.
Dannenhauer requested that members maintain the current zoning classification.
Mr. Tom Whittendale, 968 S. Governors Avenue, stated that he has been a property owner since
1975. He was initially concerned with the proposed rezoning of the property along Governors
Avenue, as recommended by staff. He relayed support for the Planning Commission’s
recommendation for area 21 and 19 to remain residential.
Mr. Gary Patterson, President of the Downtown Dover Development Corporation, spoke in favor
of the Planning Commission’s recommendation relative to areas 18 (to an I/O zoning) and 29 (to
a C-3 zoning). It was his feeling that the IO rezoning classification represents the future desires of
the City Council and will assist the Downtown Dover Development Corporation in meeting these
desires.
Mrs. Greta Whittendale, 968 Governors Avenue, stated that she represents the neighborhood
association for area 21, as well as the petition signers. The residents of S. Governors Avenue and
S. Bradford Street are appreciative of the Planning Commission’s recommendation to maintain the
residential zoning classifications of R-8 for area 21 and R-15 for area 19 and requested that members
of Council support this action.
Mr. Justin Yelverton, 15 Park Lane, spoke in opposition to the rezoning of property located on
Railroad Avenue (area 18). He explained that the rezoning from C-3 to I/O would limit his ability
to utilize his property for business purposes. He stated that the Downtown Dover Development
Corporation has no immediate plan for use of the property and requested that members should not
cater to their desires. It was his feeling that the I/O zoning classification is not conducive to the area
and requested that members deny the rezoning of the property.
Mr. Wendell Scott, owner of an auto repair shop at 604 Forrest Street, stated that he purchased the
property in October 2004. If he knew that it was possible for the property to be rezoned, he would
not have made the purchase. The rezoning of the property would limit his ability to enhance the use
of the property, would limit those that the property could be sold to, etc. He made improvements
to the building and the area and wishes to continue to make such improvements. Mr. Scott requested
that members deny the rezoning of the property.
Mr. Wilford Yelverton, 222 Railroad Avenue, spoke in opposition to the rezoning. Although he has
been in business at this location for more than 15 years, no one from the City has approached him
to discuss the possible rezoning. Improvements are being made to the area and it was his feeling
that the City is attempting to put these businesses out of business. It was his feeling that the area
is not ready for a zoning classification of I/O and requested that members deny the rezoning of the
property at this time.
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 3
There being no one else wishing to speak, Council President Williams declared the hearing closed.
Mr. Ruane moved for approval of the Comprehensive Rezoning Project 2005, as recommended
by the Planning Commission (including area 29 as recommended by staff for a C-2 zoning
classification), extracting area 18 for further review and discussion (Exhibit #1). The motion
was seconded by Mr. Carey and carried by a unanimous roll call vote.
Responding to Mr. Hogan, Mr. Galvin explained non-conforming use of buildings and indicated that
modifications to structures would not be permitted nor would repairs be permitted if the structure
was severely damaged as a result of fire or some other type of disaster.
Mr. Salters indicated his support for the future use of area 18 as an office complex; however, relayed
concern with diminishing the use of property by current owners. Mr. Galvin noted that properties
E and I in area 18 are owned by the Downtown Dover Development Corporation.
Mr. Scott and Mr. Yelverton were requested to provide members further explanation of their
anticipation for use of the property. Members were advised that the C-3 zoning classification
provides them with the opportunity to make improvements to the property and that the I/O zoning
classification would hinder these desires.
Mr. Salters moved for approval of the rezoning of area 18 to I/O, as recommended by the
Planning Commission, except for property 18D and 18F, which should remain a C-3 zoning
classification. The motion was seconded by Mr. Carey and by a unanimous roll call vote,
Council adopted the following ordinance (the First Reading of this ordinance was accomplished
during the Council Meeting of March 28, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE
COMPREHENSIVE PLAN UPDATE 2003.
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, Delaware Code, Title 22, Chapter 3 Municipal Zoning Regulations, Section 303,
Purpose of Regulations, states that zoning regulations shall be made in accordance with a
Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire,
panic and other dangers, to provide health, general welfare, adequate light and air, to prevent the
overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate
provision of transportation, water, sewage, schools, parks, and other public requirements; and
WHEREAS, Delaware Code, Title 22, Chapter 7 Planning Commission, Section 702 (c)
Comprehensive Development Plan, states that the Comprehensive Plan shall be the basis for the
development of zoning regulations and that upon adoption of the Comprehensive Development Plan,
the official zoning map shall be amended to rezone all lands within the municipality in accordance
with the uses of land provided for in the Comprehensive Development Plan; and
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 4
WHEREAS, the City of Dover adopted The Dover Plan: 2003 Comprehensive Plan Update “From
the People – For the People 2003-2008” on September 22, 2003; and
WHEREAS, the City of Dover has prepared a Comprehensive Rezoning Map 2005 showing
recommendations to change zones for an identified series of properties so that the City of Dover
Zoning Map is in accordance with the adopted 2003 Comprehensive Plan Update.
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 is amended by changing the zoning
designations of specific properties to conform with the Zoning Map changes
presented to City Council on May 17, 2005 as depicted on the map and summary
table entitled “City of Dover Comprehensive Rezoning Project 2005.”
ADOPTED: MAY 17, 2005
As stated by Mr. Carey, all members agreed that the comprehensive rezoning of property should not
create a hardship on long-term businesses; therefore, members disapproved the Planning
Commission’s recommendation to rezone property 18D and 18F from C-3 to I/O.
Council President Williams declared a recess at 8:32 p.m.; the meeting reconvened at 8:40 p.m.
COMPREHENSIVE PLAN AMENDMENTS
During their Regular Meeting of March 28, 2005, Council set a public hearing for this time and
place to consider approval of Comprehensive Plan Amendments, as follows: Land Development
Plan Revisions (Map 11-1 and Chapter 11); Annexation Plan Revisions (Map 12-1 and Chapter 12);
and Implementation Plan Revisions (Chapter 14). In September 2003, City Council adopted the
Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has
been certified by the State of Delaware. Members were provided detailed information (as on file
in the Office of the City Clerk) and the Planning Department staff gave a brief presentation regarding
the proposed Land Development Plan Revisions, Annexation Plan Revisions, and Implementation
Plan Revisions, as follows:
Land Development Plan Revisions (Map 11-1 and Chapter 11)
Chapter 11: The Land Development Plan discusses the future land development and land uses for
properties with the City. It includes the Land Development Plan Map (Map 11-1) which outlines
the future development of land in the City be depicting a land use type category for each parcel of
land. These land use categories include Residential, Mixed Use, Commercial, Institutional, Office
Parks, Industrial, Open Space, Agriculture, etc. During the review process for the Comprehensive
Rezoning Project 2005, items in the Land Development Plan were identified as needing to be
addressed, which has resulted in recommended changes to the Land Development Plan Map. These
changes occur for many reasons, including the following: the results of approved rezoning
applications including minor variations, perceived mapping errors, the ability for zoning
classifications to comply in multiple land use type categories, updated data in specific areas, and
planning visions for specific areas. Members were provided the recommended changes as depicted
on a map and listed in a summary table.
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 5
Mr. Ritter relayed concern with the State arbitrarily designating property as Agriculture Preservation
that is located in the City limits. He requested that staff investigate the process that would require
the State to notify the City of Dover of their intentions to designate property as Agriculture
Preservation prior to doing so.
Council President Williams declared the public hearing open. There being no one present wishing
to speak, Council President Williams declared the public hearing was closed.
Mr. Hogan moved for adoption of the Planning Commission’s recommendation (Exhibit #2).
The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted
the following Resolution:
A RESOLUTION AMENDING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, the Planning Commission of the City of Dover, on September 16, 2003 adopted the
2003 Comprehensive Plan Update; and
WHEREAS, the City Council of the City of Dover, on September 22, 2003, adopted the 2003
Comprehensive Plan Update pursuant to Title 22, Section 701 of the Delaware Code; and
WHEREAS, the State of Delaware, on October 2, 2003, certified the 2003 Comprehensive Plan
Update “From the People - For the People ‘2003 to 2008'”; and
WHEREAS, the staff of the Department of Planning and Inspections and the Planning Commission
have reviewed the 2003 Comprehensive Plan Update and recommend amendments to Chapter 11,
Land Development Plan and Map 11-1.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover
hereby amend Chapter 11 Land Development Plan and Map 11-1 of the 2003 Comprehensive Plan
Update, as amended.
ADOPTED: MAY 17, 2005
Annexation Plan Revisions (Map 12-1 and Chapter 12)
Chapter 12: The Annexation Plan as approved in the adopted Comprehensive Plan Update 2003
anticipated an amendment to include the results of the Cost/Revenue Analysis Study for the potential
annexation parcels and any changes to the Plan based on the results. The consultants hired by the
City developed a methodology for assessing the costs and revenues for a series of properties
depicted on the Annexation Plan Map. The revisions to the Annexation Plan will describe the
Cost/Revenue Analysis Study project and its results. A narrative will also provide guidance as to
the items to be considered during the Annexation review process. The Annexation Plan Map also
currently places lands into categories, as follows: Category 1: Lands Identified for Annexation;
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 6
Category 2: Lands Desirable for Annexation; and Category 3: Lands to be Evaluated for Annexation
and Areas of Concern. In addition, a potential land use type is identified for lands in Category 1 and
Category 2. The Amendment proposes re-categorization of potential annexation areas and revisions
to the potential land use designation for identified annexation areas.
The Planning Commission recommended approval of the Annexation Plan Revisions (Chapter 12
and Map 12-1) including the items identified during the presentation and discussion. It was noted
that the revisions have been incorporated into the materials presented to Council. The items
included clarification or wording, spelling changes, and labeling omissions on the map.
Members discussed concerns with the concept of expanding City limits for properties south of Dover
and felt that the expansion should reflect properties north and west of Dover. Mr. Hogan noted that
the Annexation Plan Revisions may be protecting the City from other jurisdictions.
Council President Williams declared the public hearing open. There being no one present wishing
to speak, Council President Williams declared the public hearing was closed.
Mr. Hogan moved for adoption of the Annexation Plan Revisions (Map 12-1 and Chapter 12)
and Planning Commission’s recommendation, with the understanding that staff be authorized
to make the minor clarification amendments as suggested by the State. The motion was
seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION AMENDING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, the Planning Commission of the City of Dover, on September 16, 2003 adopted the
2003 Comprehensive Plan Update; and
WHEREAS, the City Council of the City of Dover, on September 22, 2003, adopted the 2003
Comprehensive Plan Update pursuant to Title 22, Section 701 of the Delaware Code; and
WHEREAS, the State of Delaware, on October 2, 2003, certified the 2003 Comprehensive Plan
Update “From the People - For the People ‘2003 to 2008'”; and
WHEREAS, the staff of the Department of Planning and Inspections and the Planning Commission
have reviewed the 2003 Comprehensive Plan Update and recommend amendments to Chapter 12,
Annexation Plan and Map 12-1.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover
hereby amend Chapter 12 Annexation Plan and Map 12-1 of the 2003 Comprehensive Plan Update,
as amended.
ADOPTED: MAY 17, 2005
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 7
Implementation Plan Revisions (Chapter 14)
Chapter 14: The Implementation Plan outlines the time frame (Phases I-IV) for actions to be
completed to implement elements of the Comprehensive Plan Update 2003. These actions include
project activities such as ordinance review and development, studies on specific topics, and special
plans. It is recognized that some changes are necessary to the Implementation Plan to be able to
achieve resolution to the projects identified. For some project activities, the amount of consultation
and documentation may not allow the City and staff to bring them to fruition within the current time
frame given. Other changes reflect recent initiatives by the City and other agencies, such as Kent
County’s Transfer of Development Rights Program. For this Amendment, a narrative was provided
reflecting the revisions to the time frame for project activities and the addition of project activities.
Council President Williams declared the public hearing open. There being no one present wishing
to speak, Council President Williams declared the public hearing closed.
The Planning Commission recommended approval of the Implementation Plan Revisions
(Chapter 14) as presented.
Mr. Ruane moved for adoption of the Implementation Plan Revisions (Chapter 14) as
recommended by the Planning Commission. The motion was seconded by Mr. Carey and by
a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION AMENDING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, the Planning Commission of the City of Dover, on September 16, 2003 adopted the
2003 Comprehensive Plan Update; and
WHEREAS, the City Council of the City of Dover, on September 22, 2003, adopted the 2003
Comprehensive Plan Update pursuant to Title 22, Section 701 of the Delaware Code; and
WHEREAS, the State of Delaware, on October 2, 2003, certified the 2003 Comprehensive Plan
Update “From the People - For the People ‘2003 to 2008'”; and
WHEREAS, the staff of the Department of Planning and Inspections and the Planning Commission
have reviewed the 2003 Comprehensive Plan Update and recommend amendments to Chapter 14,
Implementation Plan Revisions.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover
hereby amend Chapter 14 Implementation Plan of the 2003 Comprehensive Plan Update, as
amended.
ADOPTED: MAY 17, 2005
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SPECIAL CITY COUNCIL MEETING OF MAY 17, 2005 PAGE 8
Mr. Ritter moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:31 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of
May 17, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Summary Table Comprehensive Rezoning Project 2005
Exhibit #2 - Summary Table Land Development Plan Revisions 2005
Page 11
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 23, 2005 at 7:30 p.m. with Council President
Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin,
Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin,
Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, and Mrs. Green.
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.
Mr. Lee Anders, 21 Elm Terrace, complimented the City on the appearance of Dover, indicating his
feeling that it is one of the most beautiful Cities in the nation. Mr. Anders relayed his concern with
the City applying fees for trash service, water, wastewater, etc. to generate revenue that should be
collected through taxes. He felt that fees by-pass the equity of a property tax structure and ignore
the laws of supply and demand. Mr. Anders requested that members of Council be honest about how
they are keeping property taxes under control while distorting distribution costs to the citizens. He
noted that when a fee is imposed or increased, no public hearings are necessary and that justification
for a fee or its increase is minimum. By not including costs in the property tax structure, City
Council avoids its accountability to the citizens.
Mr. Robert Vincelletta (non-resident) relayed concern with an increasing problem with loud music
from car stereos, which is occurring in the State of Delaware, as well as the nation. He advised
members that Harrisburg, Pennsylvania recently adopted a law prohibiting such music from car
stereos and allows for the stereos to be confiscated from the cars after the second arrest.
Mr. Vincelletta felt that loud music from passing cars was a type of vandalism that should not be
tolerated.
Mr. Richard Snyder (Newark, Delaware) addressed members regarding an issue that affects the entire
State of Delaware, although it is located in the City of Wilmington. He explained that there are over
500,000 tons of toxic waste distributed on the banks of the Delaware River by the DuPont Company.
He advised members that New Castle County Council and many civic associations have recently
passed a resolution requesting that DuPont be required to release the toxic waste in a manner
approved for hazardous waste. Mr. Snyder stated that the Town of Smyrna and the City of
Wilmington are in the process of developing a resolution and requested that the City of Dover
consider the same.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Salters and
unanimously carried.
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CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 2
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Sadusky and carried
by a unanimous roll call vote.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 9, 2005
The Minutes of the Annual Council Meeting of May 9, 2005 were unanimously approved by
motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of
Mayor Speed.
PRESENTATION OF HAND MADE QUILT BY MRS. ANN MARTIN TO INTER-CITY
CULTURAL LEAGUE
Mrs. Ann Martin presented a hand-made quilt to Mr. Salters in honor of his dedicated community
service and for fostering African American Cultural and awareness. She noted that the quilt was to
be used as a fund raiser for the Inter-City Cultural League to assist in the building of a facility.
Mr. Salters, joined by the Sankofa Dancers and Drummers, accepted the quilt and explained that
raffle tickets will be sold and the winner will be announced at the African American Festival on
June 25, 2005.
CERTIFICATE OF RECOGNITION - S. RENEE SMITH - MEMBER OF DDDC
Council President Williams presented a Certificate of Recognition to Ms. S. Renee Smith in
appreciation for her service as a member of the Downtown Dover Development Corporation, having
served from May 28, 2002 through April 23, 2005.
PRESENTATION - CITY OF DOVER SILVER MEDALS - MS. THERESA BLOCK AND
MS. BECKY FURR
Mrs. Green, City Clerk, read the following Resolution into the record:
WHEREAS, on February 9, 2005 a near tragedy occurred when a young boy, Christian Poole, fell
into an ice-covered pond approximately thirty-five feet from shore and was unable to free himself
from the icy water; and
WHEREAS, two citizens, Ms. Theresa Block and Ms. Becky Furr, attached a dog’s pull toy to the
end of a rope and threw it to Christian Poole, pulling him safely to the shore and preventing his
possible drowning in frigid water; and
WHEREAS, the ingenuity and quick actions of these women were a significant factor in saving
Christian Poole’s life and averting what could have been a tragic loss to family, friends, and
community, which deserve special recognition by the governing body of this City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that Ms. Block and Ms. Furr showed exemplary
conduct beneficial to the City and the community.
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CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 3
2. In recognition of their actions, the Mayor and Council award Ms. Theresa Block and
Ms. Becky Furr with City of Dover Silver Medals, and direct the City Clerk to make this
Resolution a part of the permanent records of the City of Dover.
ADOPTED: MAY 23, 2005
Council President Williams, along with Christian Poole, presented the Resolutions and Silver
Medals to Ms. Block and Ms. Furr.
CERTIFICATE OF RECOGNITION - DOVER LITTLE LEAGUE’S 50TH ANNIVERSARY
Mrs. Green, City Clerk, read the following Certificate into the record:
WHEREAS, in 1955 Edward R. Knight, Francis Lore and Robert Reed, Sr., established the Dover
Little League and began playing at the Court Street Field; and
WHEREAS, in 1992 the Dover Little League and the City of Dover entered into an agreement to
transform the 22-acre Schutte Farm into a Little League Complex; and
WHEREAS, today with the support of local businesses and the community more than 50 teams and
900 players play tee-ball, softball, baseball, soccer and a host of other sports at Schutte Park; and
WHEREAS, throughout the years volunteers have given countless hours of service as administrators,
coaches, umpires and cheerleaders; and
WHEREAS, during the last 50 years the Dover Little League has provided a solid foundation for
character growth, in addition to nurturing courage and loyalty in the youth of our community.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER,
DELAWARE, do hereby present this Certificate on this 23rd day of May 2005 to the Dover Little
League in recognition of its 50th Anniversary and urge all citizens to acknowledge the outstanding
contributions and the venerable commitment that has been made to children in our community.
Council President Williams presented the Certificate to Mr. Glenn Wilhelm, Sr. Mr. Wilhelm
thanked members for the recognition and relayed appreciation to Mr. Carter, Director of Parks and
Recreation, and the City of Dover for their support.
RECOGNITION OF ACCOMPLISHMENT - RODEO COMPETITION IN MEMPHIS
TENNESSEE - CITY OF DOVER ELECTRIC DEPARTMENT EMPLOYEES
Mr. Sax, Electric Director, provided a Power Point Presentation on the 5th Annual Lineman Rodeo
held April 15-16, 2005, in Memphis, Tennessee, which is sponsored by the American Public Power
Association. The Dover Electric Department participated in the event (Exhibit #1).
Page 14
CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 4
PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL
YEAR BEGINNING JULY 2004 (GFOA)
The Distinguished Budget Presentation Award for Fiscal Year beginning July 2004, from
Government Finance Officers Association, was awarded to the City of Dover. This award signifies
the excellent manner in which the City prepares and presents its budget. Council President Williams
presented the award to Mr. DePrima, City Manager, and Mrs. Tieman, Director of Administrative
Services. Noting that this is the 16th time the City has received this award, she commended the
budget team for their efforts.
Mr. DePrima relayed appreciation to members of Council and the budget team (Mrs. Tieman,
Mrs. Mitchell, Finance Director/Treasurer, and Mr. Howey, Assistant Finance Director/Treasurer) who
played a major role in the preparation of the document. He also thanked staff for their diligent work
and cooperative efforts. Mrs. Tieman advised members that the City of Dover is one (1) of only
three (3) entities, Kent County and New Castle County, in the State of Delaware that has received
such an award.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE
EAST SIDE OF BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEON RUN
CONNECTOR), OWNED BY DELAWARE INDUSTRIAL ENTERPRISES
A public hearing was duly advertised for this time and place to consider rezoning of property located
on the east side of Bay Road (intersection of Route 113 and Puncheon Run Connector), consisting
of 38.12 acres. The property is owned by Delaware Industrial Enterprises (equitable owner is Stover
Homes, Inc.). The property is currently zoned C-4 (Highway Commercial) for 3.80+/- acres and IPM
(Industrial Park Manufacturing) for 34.32+/- acres and the proposed zoning is C-4 (Highway
Commercial) for 5.30+/- acres and IPM (Industrial Park Manufacturing) for 32.82+/- acres.
Planner's Review
Mr. Galvin, Director of Planning and Inspections, reviewed the petition to amend the zoning district
and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning
Commission recommended approval of the request to rezone a 1.5022 acre portion of an existing
38.12 acre parcel of land from IPM to C-4. With this rezoning the property will consist of 5.30 acres
zoned C-4 and 32.82 acres zoned IPM. The property is also subject to the AEOZ (Airport Environs
Overlay Zone).
Public Hearing
Council President Williams declared the hearing open. There being no one present wishing to speak,
Council President Williams declared the hearing closed.
Mr. Hogan moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote,
Council adopted the following ordinance: (The First Reading of this ordinance was accomplished
during the Council Meeting of March 28, 2005.)
Page 15
CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 5
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
ON THE EAST SIDE OF BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEON
RUN CONNECTOR), CONSISTING OF 38.12 ACRES
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 C-4 (Highway Commercial) for 3.80+/- acres and IPM (Industrial Park
Manufacturing) for 34.32+/- acres to C-4 (Highway Commercial) for 5.30+/- acres and IPM (Industrial
Park Manufacturing) for 32.82+/- acres.
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 have been amended by changing the zoning designation from
C-4 (3.80+/- acres) and IPM (34.32+/- acres) to C-4 (5.30+/- acres) and IPM (32.82+/- acres) on
that property located at on the east side of Bay Road (Intersection of Route 113 and
Puncheon Run Connector), owned by Delaware Industrial Enterprises
ADOPTED: MAY 23, 2005
SET PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985
Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990
Bond Resolution) prior to adoption of the budget. Staff recommended that the public hearing be set
for June 13, 2005 at 7:30 p.m.
Mr. Salters moved to set a public hearing for June 13, 2005 at 7:30 p.m. for the 2005/2006 City
of Dover Electric Fund Budget, seconded by Mr. Sadusky and unanimously carried.
COUNCIL APPOINTMENT - CONSTRUCTION CODE BOARD OF APPEALS
(RECOMMENDATION BY COUNCIL PRESIDENT WILLIAMS)
Council President Williams recommended the appointment of Mr. Sadusky to the Construction Code
Board of Appeals.
By consent agenda, Mr. Carey moved for approval of the appointment, as recommended by
Council President Williams, seconded by Mr. Sadusky and unanimously carried.
APPOINTMENT OF CITY CHAPLAIN - RECOMMENDATION BY COUNCIL
PRESIDENT WILLIAMS
Council President Williams recommended the appointment of Chaplain Wallace Dixon to serve as
City Chaplain through June 2006.
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CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 6
By consent agenda, Mr. Carey moved for approval of the appointment, as recommended by
Council President Williams, seconded by Mr. Sadusky and unanimously carried.
MONTHLY REPORTS - APRIL 2005
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were
accepted by consent agenda:
Budget Report
Chief of Police Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
BID - REPLACEMENT OF THE HVAC UNIT AT DOVER PARKS AND RECREATION
BUILDING
Members reviewed bids received for a new HVAC unit required for the Parks and Recreation
building on Whiteoak Road. The current unit has exceeded its life span, is broken, and cannot be
repaired due to the scarcity of parts needed to maintain the unit. Staff recommended issuing a
purchase order to J. Grilli in the amount of $35,596.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and
carried by a unanimous roll call vote.
BID - MAXIMIZING DOVER’S CONNECTIVITY INFRASTRUCTURE
In June 2004, the City’s Information Technology Long Range Plan recommended that the City
investigate leveraging its fiber optic network. It also recommended that Dover leverage that network
to deploy a Citywide voiceover Internet provider telephone system and use of wireless which is not
now available. During their Regular Meeting of March 28, 2005, City Council approved the
issuance of an RFP for a Telecommunications Infrastructure Needs Assessment Strategic Plan,
Voiceover Internet Protocol, and Franchise Fee Review. Staff provided members with a summary
of the eight (8) responses received to the RFP and details regarding each of the proposals.
The proposals were reviewed by the Administrative Services Director and Electric Director. The
second lowest bid was received from Virchow, Krause & Company in the amount of $55,145, as
follows: 1) Citywide Vision - $8,000; 2) Connectivity Needs Assessment - $24,500; VoIP - $12,650;
and Franchise Fee Review - $9,995. Staff did not recommend the low bidder, TelNet, due to their
level of experience in fiber optics and cable contracts. Staff recommended that the City Manager
be authorized to retain Virchow, Krause & Company to provide a Telecommunications Infrastructure
Needs Assessment and Strategic Plan, Voiceover Internet Protocol RFP Development and Design,
and Franchise Fee Review.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and
carried by a unanimous roll call vote.
Page 17
CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 7
BID - BANKING AND CASH MANAGEMENT SERVICES
Members were provided detailed information, including evaluation scores, on the proposals received
for banking services. The proposals were reviewed and evaluated by the Finance and Administrative
Services Department personnel. The proposals were scored on content, service, technology, and
experience. Staff also calculated interest income net of bank fees for each bank using the bank’s
actual rates for January 2004 through December 2004 on the last 12 months actual cash balances and
an average daily balance of $7,500,000. Based on each bank’s Uniform Bank Performance Report,
staff calculated capital and net worth ratios to measure each bank’s solvency. Staff recommended
awarding the City’s banking services to Citizens Bank.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried
by a unanimous roll call vote.
PROPOSED RESOLUTION - ESTABLISHMENT OF 2005 CHARTER REVIEW
COMMITTEE
Council President Williams stated that during the recent Council Retreat, members established a
priority to conduct a review of the City Charter and that it was determined that a Blue Ribbon Panel
should be appointed to conduct the review.
Mr. Hogan moved for the establishment of the 2005 Charter Review Committee. The motion
was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted the following
Resolution:
WHEREAS, the City of Dover Charter was developed and incorporated in 1929 by the State of
Delaware, and given all powers and functions requisite or appropriate for the government of the City,
its peace and order, its sanitation, appearance and beauty, the health, safety convenience, comfort
and well-being of its population, and the protection and preservation of property, public and private;
and
WHEREAS, in the interest of progressive government, it is the opinion of the Mayor and Council
that a total review of the Charter is necessary and that strong leadership and guidance is required to
ensure that sound and credible recommendations for charter revisions are developed; and
WHEREAS, recognizing it is imperative that recommendations for Charter revisions must be
objective and well-reasoned by a membership of broad experience and wisdom, it is the desire of the
Mayor and Council that a Blue Ribbon Committee be appointed for reviewing the City Charter.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET, HEREBY FORMALLY ESTABLISHES A 2005 CHARTER
REVIEW COMMITTEE, WHICH SHALL:
1. Serve as an ad-hoc committee to consist of six (6) to nine (9) members appointed by the
Council President, with recommendations provided by Council. The Council President will
designate the Chairman, who shall be responsible for organizing and calling meetings as
needed.
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CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 8
2. Have the objective of studying the City Charter and submit recommendations to the Mayor
and Council relative to proposed changes in the form of government, election process, terms
of office, and other amendments deemed necessary to assure the continued orderly growth
and efficient management of the City.
3. Conduct meetings in a public forum format to allow for input from our citizenry, require at
least one public meeting to be held in each of the four council districts, and seek the expertise
of the State, City, local universities and colleges, and any others deemed necessary in the
development and formulating recommendations.
4. Submit a preliminary report to the Mayor and Council within six (6) months, with a final
report, including recommendations, to be submitted within twelve (12) months of organizing.
ADOPTED: MAY 23, 2005
REZONING REQUEST/FIRST READING - 834 W. NORTH STREET, OWNED BY EDEN
HILL FARM, INC. AND THE STATE OF DELAWARE
A request was received to rezone property located at 834 W. North Street, owned by Eden Hill Farm,
Inc. and the State of Delaware (equitable owners: Investment Properties Associates, L.L.C. and Dover
Medical Properties, L.L.C.). The property is currently zoned IPM (Industrial Park Manufacturing) and
A (Agriculture) and the requested zoning is TND (Traditional Neighborhood Design).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
By motion of Mr. Salters, seconded by Mr. Hogan, Council unanimously referred the request
to the Planning Commission for June 20, 2005 and set a public hearing for July 11, 2005 at
7:30 p.m. In accordance with Section 1-6 of the Dover Code, Council acknowledged the First
Reading of the Rezoning Ordinance 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 834 W. NORTH STREET.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council
Meeting of May 9, 2005.
Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens
Mr. Ritter moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Salters and unanimously carried.
Mr. Slavin submitted a memo requesting Council consideration of lowering the eligibility age for
the senior tax exemption to either 62 or, ideally 60, and provided the following reasons for his
request: 1) Many of our seniors are forced to retire before the age of 65; 2) many career military
Page 19
CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 9
veterans retire from their careers before the age of 65; 3) fixed-income seniors need relief; and 4)
the City has recently seen the development of numerous 55-and-older communities, and has invited
these developments into our community.
Mr. Ritter moved for approval of the amendment to Section 19.5-52, Tax Exemption for Senior
Citizens, with a modification to Subsection (b) and Paragraph (b)(7) by striking “65" and
inserting in lieu thereof “60". The motion was seconded by Mr. Slavin and by a unanimous
roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
MET:
That Section 19.5-52 - Tax exemption for senior citizens, be amended by deleting Subsection (b),
and Paragraphs (b)(1), (b)(2), and (b)(7), in their entirety and replacing in lieu thereof, and inserting
a new Paragraph (b)(14), as follows:
(b) The exemption shall be for real property owners sixty (60) years of age or over. If
qualified, their real property shall be exempt from municipal taxation to the extent of the first fifty
thousand dollars ($50,000) of assessed valuation. This exemption shall be subject to the following
qualifications:
(1) If the income of a property owner who resides alone exceeds the sum of
fifteen thousand dollars ($15,000) for the income tax year immediately
preceding the date of making an application for the exemption, then the
exemption shall not be granted.
(2) If the income of a property owner and spouse who reside together exceeds the
sum of twenty-one thousand dollars ($21,000) for the income tax year
immediately preceding the date of making an application for the exemption,
then the exemption shall not be granted.
(7) The property owner must have attained the age of sixty (60) by March 1 of
the year in which the exemption application is filed.
(14) City Council will review these numbers at the conclusion of each
reassessment.
ADOPTED: MAY 23, 2005
COUNCIL MEMBERS COMMENTS
Mr. Ritter thanked members of Council for being responsive to the recommendations he made during
the April 11, 2005 Council Meeting, when he indicated how critical it is for the City to increase the
reduction for our senior citizens because of the new tax assessment.
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CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 10
Mr. Carey reminded members that an extension has been granted for submitting applications for the
tax exemption for senior citizens through May 31, 2005.
Mr. Salters announced that the African American Festival will be held on June 25, 2005 and invited
all to attend.
Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:15 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
May 23, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\05-23-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Presentation 5 th Annual Public Power Lineworkers’ Rodeo
Exhibit #2 - Planning Commission Report on Rezoning of Property located on the East Side of Bay Road
Page 21
WHEREAS, Odyssey of the Mind is an international educational program which teaches students
to learn creative problem-solving methods by providing open-ended problems that appeal to a wide range
of interests. Students learn how to identify challenges and to think “outside of the box” to solve those
problems while being free to express their ideas and suggestions without fear of criticism; and
WHEREAS, having been successful at the State’s Odyssey of the Mind Competition, Dover’s
Central Middle School team advanced to the World Odyssey of the Mind Competition, which attracted 765
teams from around the world, including students from Belarus, China, Czech Republic, Germany,
Hungary, Japan, Russia, Singapore, Slovakia and practically every state in the U.S.; and
WHEREAS, this team of students from Dover's Central Middle School is the first team from
Delaware to win the Odyssey of the Mind World Finals, a prestigious annual world competition, and
special commendation is due all team members, the coach, and the parents for their hard work and
dedication; and
WHEREAS, it is deemed an honor and privilege to present this Certificate of Recognition as
follows:
COOPER ASAY APRIL CHESTNUT ANDREW DAVIS
GINA DEFRANCESCO JESSIE GIRGIS HANNAH LINDSEY
ERIK TOWNE TRUDEAN DAVIS (TEAM COACH)
FIRST PLACE - DIVISION II - STUNT MOBILES
2005 ODYSSEY OF THE MIND WORLD COMPETITION
Congratulations from the City of Dover
June 2005
STEPHEN R. SPEED BEVERLY C. WILLIAMS
MAYOR COUNCIL PRESIDENT
Page 23
RESOLUTION APPROVING ISSUANCE
OF CERTAIN BONDS OR NOTES BY THE
ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the
"Company") is a fire company organized and existing under the laws of the State of Delaware;
and
WHEREAS, the Company has provided and continues to provide firefighting
services to an area within the City of Dover, Delaware (the "City"); and
WHEREAS, the Company has advised the City that the Company proposes to
issue up to $ 5,300,000 of bonds or notes of the Company (the "Bonds") for the purposes of
financing: (1) up to $4,550,000 of the costs of the demolition, construction and reconstruction
of a 12,900± square foot addition to the existing fire station buildings and related site
improvements on 1.14± acres of land located at 103 South Governors Avenue, Dover DE
19904, including professional fees and costs of issuance incurred in connection therewith, and
(2) up to $750,000 of the costs of a new, "100” Tower Ladder fire truck complete with all
necessary equipment", including the professional fees and costs of issuance incurred in
connection therewith (collectively, the "Project”); and
WHEREAS, it is the intent of the Company that the interest on the Bonds
qualify for exclusion from gross income of the owners thereof for federal income tax purposes
pursuant to Sections 103 and 150 of the Internal Revenue Code of 1986, as amended (the
"Code"); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the
Bonds will not qualify for exclusion from gross income of the owners thereof for federal
income tax purposes unless the issuance of the Bonds is approved by the applicable elected
representative of a governmental unit with which the Company has entered into an agreement
(or is required by statute) to provide exclusive fire fighting services, after a public hearing to
consider the issuance of the Bonds has been conducted, following reasonable public notice;
Page 24
and
WHEREAS, the City and the Company previously entered into an Agreement
(the "Agreement") pursuant to which the Company agreed, among other things, to provide
exclusive firefighting services to the City; and
WHEREAS, notice of the requisite public hearing was published in the
Delaware State News, on May 28, 2005, a newspaper of general circulation in the City; and
WHEREAS, on June 13, 2005 the City Council of the City of Dover conducted
a public hearing on behalf of the Company for the purpose of considering the issuance of the
Bonds;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the City of
Dover, Delaware, for the sole purpose of qualifying the interest payable on the Bonds of the
Company for exclusion from the gross income of the owners thereof for federal income tax
purposes pursuant to Section 103 of the Code, does hereby approve the issuance of bonds or
notes by the Company in a maximum aggregate principal amount of up to $ 5,300,000 for the
purpose of financing a portion of the costs of the Project, provided, that such bonds or notes
shall be an obligation of the Company and shall never be a debt of the City and the City shall
not be liable for any payment on such bonds or notes.
Approved by the Council of the City of Dover this _____
day of June, 2005.
___________________________
City Clerk
- 2 -
Page 25
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on May 11, 2005 at 6:00 p.m. with Council President
Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky,
Mr. Slavin (arrived at 6:44 p.m.), Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Mr. DePrima, Mrs. Mitchell, Mrs. McDowell, and Mayor
Speed.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimous carried.
PRESENTATION - 2005/2006 BUDGET OVERVIEW
Council President Williams thanked all staff members for their work on the budget, including
City Council, who started setting the direction at the Council Retreat in January 2005. She noted
that a broad introduction to the budget would be provided and requested members to hold all
questions and comments until the end of the introduction. Council President Williams also
requested that questions regarding specific budgetary items be held until that specific budget is
being discussed.
Council President Williams advised members that Mr. DePrima, City Manager, hopes to get
clear direction with respect to levels of expenditures and revenues, importance of existing and
proposed programs and projects, and fairness in tax and utility fees. This information will allow
him and the budget team to bring forward a revised budget by the third meeting.
Mr. DePrima provided an overview of the 2005/2006 Budget (as on file in the Office of the City Clerk).
Mr. Ruane requested staff to prepare a chart depicting the impact of the proposed customer
charges and rate increases on the average household. Mr. DePrima stated that he selected
random homes of varying sizes and locations and compared their previous actual water, electric,
taxes, etc. with the proposed rates and assessment to determine the actual impact. He noted that
the information would be presented at some point during the review.
Responding to Mr. Ruane, Mrs. Tieman, Administrative Services Director, explained that there
is a deficit to Kent County because the fees that the City charges its customers for sewer
treatment does not cover the amount that Kent County charges the City. She advised members
that the revenue from wastewater is being used to pay for sewer adjustment. Mr. DePrima noted
that the charge does not equal the expenses for wastewater treatment due to the inflow and
infiltration of rainwater in the system.
Mr. Ruane suggested that an increase in impact fees should be considered in order that the
builders and developers responsible for the growth would fund the expansion of the system and
reduce the deficit. Mrs. Mitchell, Finance Director, advised members that impact fees cannot be
used for operations; only wastewater debt or growth.
Responding to Mr. Ritter, Mrs. Tieman stated that the new tax rate after the rollback would be
$.31 cents.
Page 26
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 2
Discussion - Review of 2006-2010 CIP Projects
General Fund
Mr. DePrima reviewed the new projects and highlighted the large projects contained in the CIP
for the General Fund.
Referring to the Building Access and Control Upgrade (locks, doors, and card swipe system) and
Replacement of the Security System (indoor and outdoor closed circuit televisions) for the Police
Department, Mr. Salters requested that one of those projects be delayed until next year. Officer
Sammons advised members that if it were necessary to delay a project, they would prefer to
delay the building security and closed circuit television system upgrade and move forward with
the door swipe upgrade. He also advised members that they are pursuing additional funding
from other sources for both projects.
Mr. Ruane, noting that moving forward with a regional library in Dover is one of the City's
missions, stated that some money should be set aside to fund the regional library. Mr. DePrima
stated that he did not feel comfortable obligating general funds this year without a financing
plan. He noted that funding may be possible from other sources, such as Parkland Reserve or
Capital Asset Reserve, if Council chose to do so. Mr. Ruane suggested that committing funds,
possibly for site acquisition within the next 12 months, would show the citizens that there was a
good faith effort being made. Mr. Slavin felt that dedicating funds for site acquisition would
also obligate them to out-year costs for the project. He noted that he had no sense of the total
cost of the project or the operational impact of a new library. Mr. Slavin stated that building an
anchor library, as suggested by the State, the percentage of state-matched funding would
increase. Mr. Ruane reminded members that there would be planning costs involved in
providing more definitive information regarding the regional library.
Water/Wastewater Fund
Mr. DePrima reviewed the new projects and highlighted the large projects contained in the CIP
for the Water/Wastewater Fund.
Mr. Ritter stated that Wilmington and Washington, DC are using zinc ortho phosphate to clean
and then coat the water lines to inhibit rust. He suggested considering the allocation of pipe
replacement funds for the purchase of the rust inhibitor, if it proved to be effective. Mr. Ritter
noted that the EPA has endorsed the use of the inhibitor.
Electric Revenue Fund
Mr. DePrima reviewed the new projects and highlighted the large projects contained in the CIP
for the Water/Wastewater Fund.
With reference to the street light replacement program, Mr. Ritter noted that local legislators are
providing the funding for the White Oak and Towne Point lighting upgrade. He suggested that
other civic associations could approach the State for funding. Mr. DePrima noted that street
lighting qualifies for Community Transportation funds.
Page 27
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 3
Responding to Mr. Salters, Mr. DePrima noted that the State was paying $448,000 of the cost of
the Governors Avenue project, which has a total cost of $1.2M. He noted that the City is taking
a strong stance that when poles are taken out, the service has to be installed underground.
Mr. Steve Sax, Electric Director, stated that Verizon is the only service which remains on the
North Street poles. Mrs. Tieman advised members that she is investigating a pole attachment
fee, which may be an incentive for companies to remove their services from City poles.
Mr. Ruane moved to recess until Thursday, May 12, 2005 at 6:00 p.m. The motion was
seconded by Mr. Carey and unanimously carried.
Meeting Recessed at 7:53 P.M.
THURSDAY, MAY 12, 2005 - 6:00 P.M. - 8:00 P.M.
The Special Council Meeting reconvened on Thursday, May 12, 2005 at 6:00 p.m. with
Councilman Salters presiding in the absence of Council President Williams (arrived at 7:10 p.m.) .
Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter,
Mr. Hogan, and Mr. Ruane.
Council staff members present were Mr. DePrima, Mrs. Mitchell, Mrs. McDowell, and Mayor
Speed (departed at 7:00 p.m.).
Review of 2005/2006 Draft Budget
Mr. DePrima advised members that he had prepared a base budget of $31,235,433 and provided
details of the items that were eliminated to achieve that amount. Responding to Mr. Ruane,
Mr. DePrima stated that the increase over last years= budget was approximately $800,000. He
noted that they did not review the base budget for additional cuts.
Responding to Mr. Ritter, Mr. Slavin stated that $235,000 was earmarked in the contingency
fund last year for brown water. He noted that Council would have to authorize the expenditure
for any other use.
Mr. DePrima noted that, as previously requested, he randomly selected homes of varying sizes
and used their actual data to project the impact of the proposed budget on a family=s finances.
Mr. Ruane suggested using a Amedian@ home, meaning there are an equal number of homes
above and below it, for comparison purposes. Mr. Ritter reminded members that residents
would be paying additional Capital School District tax due to the recent referendum.
General Fund
Mayor
Mr. Slavin noted that there had been $3,000 increases in both “Other Expenses” and “Economic
Development”. Mayor Speed advised members that $5,000 is always budgeted for “Other
Expenses” and is typically reduced when it appears that the funds will not be spent. He noted
that “Economic Development” was increased due to the City’s participation in the Bio
Conference in Philadelphia. Mayor Speed noted that the City would be partnering with the
Central Delaware Economic Development Council and Delaware State University. He noted
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SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 4
that, due to the location, travel expenses were not included; however, the cost would increase
next year due to the location of the conference.
Council
Responding to Mr. Hogan, Mrs. Tieman stated that the increase from $600 to $7,340 was due to
a request for cell phones and internet access for Council members. Mr. Hogan stated that he did
not want either included in the budget.
City Manager’s Department
Mr. Ruane asked why funds were allocated for the subdivision of the Garrison Tract. It was his
feeling that it presumed the outcome of the Garrison Tract Commission findings. Mr. DePrima
stated that the budget was developed prior to the concept and creation of the commission.
Responding to Mr. Slavin, Mr. DePrima stated that funds were allocated in “Contractual
Services” for the implementation of the Facility Space Plan. He noted that, although the work
would be completed in-house, there may be a need for architectural design work, concept
drawings, moving expenses, or office space.
With reference to Broadband, Mr. DePrima stated that they had removed all references to cable
and internet services and will focus on the use of the City’s fiber optics.
Administrative Services
Responding to Mr. Ruane, Mr. DePrima stated that the budget included projected non-bargaining
increases. He noted that it was very important to respect the pay for performance plan.
Mrs. Tieman advised members that the proposed Customer Service Kiosk would assist
customers by allowing them to retrieve and pay their bills. She noted that the new remittance
processing system was just installed.
Electric Meter Reading
Mrs. Tieman advised members that they would be replacing four pieces of meter reading
equipment. She also noted that a new supervisor would be installing and training for a system
that will read most meters within 3-days. Mrs. Tieman advised members that they were planning
to purchase cell phones for the meter readers instead of radios to improve contact availability.
Central Services
Mr. DePrima advised members that a Material Expediter had been added to Central Services.
This position will help them moving toward on-time inventory by tracking inventory and
contacting vendors.
Responding to Mr. Carey, Mr. DePrima noted that there was not an increase in overtime over
last year. He advised members that overtime is storm sensitive and is not always used; however,
it is budgeted as a contingency.
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SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 5
With reference to “Equipment Purchase”, Mr. DePrima noted that it was for the purchase of a
“voice over internet” system. He advised members that there was a cost avoidance benefit in the
amount of $12,000 per year by eliminating approximately 50 telephone lines.
Finance
Responding to Mr. Slavin, Mrs. Mitchell explained that the pending post-retirement medical
accounting standard will require an actuarial study to determine the City’s liability. She noted
that she received two (2) quotes in the amount of $12,000 and $15,000 for the study and
budgeted $20,000, with an additional $5,000 for the consultant to meet with benefit groups or to
hold informational meetings.
Human Resources
With reference to the significant increase in Medical Supplies and Physicals, Mr. DePrima
explained that pre-employment drug screening is now budgeted solely in Human Resources
instead of each department, as had been the practice in previous years. He noted that
departments with CDL requirements will continue to budget for CDL testing.
Parks and Recreation
Mr. Ruane noted that there was a new focus on park maintenance and questioned why it was
important. Mr. DePrima stated that he had requested staff to develop a specific park
maintenance schedule. Mr. Zach Carter, Park and Recreation Director, indicated that additional
personnel would be necessary to focus on maintaining the schedule. Responding to Mr. Ruane,
Mr. Carter stated that a full-time staff member could address litter issues on a regular basis.
Library
Ms. Sheila Anderson, Library Director, advised members that, due to increased patronage,
additional staff was necessary to maintain their level of service. She noted that the Library is
currently open 68 hours per week and the average number of patrons for a Monday evening is
850.
Planning
Mr. Galvin explained that the Planning Office is struggling to keep up with day to day functions
and has not had time to perform long-range planning or studies. He felt that an additional
Planner would assist with those projects. Mr. Ruane asked if there were tasks that Council had
committed to that have not been met, such as incentive zoning for affordable housing, historic
district study/expansion, the re-working of subdivisions, and the requested strategy for meeting
demands for telecommunications towers. Mr. Ritter asked if this was a critical position.
Mr. Galvin stated that he was more concerned about the need for an additional inspector, which
is more critical at this point. Responding to Mr. Carey, Mr. Galvin stated that an additional
inspector would change the dynamics of the Inspections Department.
Responding to Council President Williams, Mr. Galvin stated that they have issued 1,000
permits this year, which is 50% more than the number of permits issued last year. He noted that
there is currently a backlog on inspections with a 3-day wait for footer inspections. Mr. Galvin
stated that his goal was to be more responsive to the public.
Page 30
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 6
Mr. Carey moved to recess until Wednesday, May 18, 2005 at 6:00 p.m., seconded by
Mr. Sadusky and unanimously carried.
WEDNESDAY, MAY 18, 2005 - 6:00 P.M. - 8:00 P.M.
The Special Council Meeting reconvened on Wednesday, May 18, 2005 at 6:05 p.m. with
Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky,
Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Pitts was absent.
Council staff members present were Mr. DePrima, Mrs. McDowell, and Mayor Speed (arrived at
7:20 p.m.) .
Continuation - Review of 2005/2006 Draft Budget
Police
Responding to Mr. Salters, Mr. DePrima stated that the red light photo enforcement revenue was
lower than anticipated and fewer lights were installed. He advised members to revisit the
budget.
once all of the lights have been installed.
Mr. Ruane questioned what precipitated the promotion of a uniformed person. Mr. DePrima
reminded members that they reviewed strategic objectives during the retreat and staff
recommended two officers for red light enforcement review. Since the initial number of lights
have not been installed, the police department felt that if a sergeant position was created in lieu
of hiring an additional officer, the program could be managed. Ideally, staff would like to
promote an officer to sergeant to perform day-to-day operations and supervise officers on the
street. Officer Taraila stated that they receive approximately 40 violations per day, each of
which must be reviewed. Mr. DePrima noted that the quality of life task force would consist of
three (3) officers which would not be used for red light photo enforcement. Mr. Ruane stated that
he would not support the quality of life task force if they will not be used city-wide to combat
issues.
Public Works -Administration
Responding to Mr. Carey, Mr. Koenig stated that the ground maintenance position was in
response to a request from Parks and Recreation for an additional person dedicated to the park
management plan. Currently, there is one part-time, seasonal person who handles Schutte Park.
Mr. DePrima cautioned that if the fields are not maintained it will become an issue of restoration
instead of maintenance, which would involve periods of closure for repairs. Responding to
Mr. Carey, Mr. Koenig stated that they receive many work orders for small maintenance items at
the parks, such as fallen tree limbs and light bulb replacement. Mr. Salters advised members that
he has received numerous complaints about the condition of Dover Park, noting that residents
would like it to be cleaned up. Mr. DePrima reminded members that he requested Mr. Carter to
devise a maintenance plan and work with Public Works to develop a plan for achieving the
maintenance plan.
Page 31
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 7
Tax Office
Mr. DePrima advised members that they were not aware of Mr. Cooper’s intention to retire when
the budget was created. He noted that some funds may be moved from salary and, if there is a
savings, it could be earmarked during the mid-year review.
Mr. Ruane reminded members that a comprehensive reassessment is forthcoming. He suggested
that money be set aside within the next three (3) years to enable inside review of homes during
the reassessment. Mr. DePrima stated that Cole Layer Trumble has indicated that an interior
review of all homes is generally done over a period of time.
Mr. DePrima presented a chart representing a base budget and with a tax revenue rollback of
.0310, and the effect of increases of $.01 cent through $.07 cents (Exhibit #1). He noted that, in
order to achieve the base budget, increases in fines and fees, increases in transfer taxes for this
year and next year, increases in the wastewater and electric transfer, and increases in interest
earnings were included. Eliminated from expenditures were many of the quality of life
priorities, enhancements, transfers, and strategic items. He noted that reintroduction of the
enhancement items begins at the $.05 cent mark and at the $.06 and $.07 cent marks, reserves
begin to be affected.
Responding to Mr. Slavin, Mr. DePrima stated that the impact of a rollback tax of $.411 cents is
a tax increase of $135. He cautioned members that there really is no “typical” property and
some residents may have a tax reduction based on the reassessment. Mr. Ruane questioned what
percentage of the additional revenue at $.41 cents would be derived from commercial properties.
Mr. DePrima responded that he had just received the data and had not had a chance to review it.
Mr. Ruane advised members that there was a 57% increase in commercial values and a 27%
increase in residential values. It was his feeling that the commercial values were finally in line
with where the residential values have been.
Responding to Mrs. Williams, Mr. DePrima stated that the whole assessment, particularly the
commercial values, is more reliable than they have been in the past. Mr. Salters stated that the
values of the homes have increased but the City has not made any adjustments in the taxes. If
homes were assessed at the .41 cent rate, the rate would be appropriate. Mr. Salters stated that
he would rather see taxes added to properties instead of adding or increasing fees, feeling that
the City needs to move forward with resolving water problems and cleaning up the City and the
citizens should start sharing the burden.
Responding to Mr. Hogan, Mr. DePrima stated that the tax rate and the rollback must be
published in a resolution, along with a comparison of the two (2) rates. Mr. Hogan noted stated
that he calculated various tax increases and determined the following: a .01 cent tax increase is
equivalent to 3.2%; a .02 cent increase is equivalent to 6.5%; a .03 cent increase is equivalent to
9.7%; a .04 cent increase is equivalent to 12.9%; a .05 cent increase is equivalent to 16.1%; a .06
cent increase is equivalent to 19.4%; and a .07 cent increase is equivalent to 22.6%.
Mr. Slavin reminded members that Dover recently lost three (3) major employers and expressed
concern that a tax increase could impact the remaining businesses. Responding to Mr. Ruane,
Mr. DePrima stated that a tax rate of $.41 cents per $100 is still very competitive with other
areas.
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SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 8
Mr. Ritter noted that State and non-profit organizations are not taxed; therefore, only 66% of the
City is paying for 100% of the expenses. Mr. DePrima stated that the tax-exempt users are
paying fees for services. Mr. Ruane stated that he would like the City Manager to assign
someone to derive as much information as possible from the reassessment. Mrs. Williams
requested Mr. DePrima to filter the database to determine a true value for exempt properties.
Mr. Hogan moved that line item 30-21 of City Council's budget be reduced from $7,340 to
last years amount of $600.00, seconded by Mr. Sadusky and carried by a unanimous roll
call vote.
Mr. Ruane moved to accept the proposed .07 cent budget, seconded by Mr. Salters. The motion
failed by a roll call vote of three (3) yes and five (5) no (Mr. Carey, Mr. Slavin, Mr. Ritter, Mr. Hogan,
and Mrs. W illiams) (M r. Pitts absent) .
Mr. Hogan moved to publish the roll back rate of .31 cents and add a two (.02) cent tax increase.
The motion failed due to the lack of a second.
Mr. Salters moved to adopt the four (.04) cent tax rate for this budget year, seconded by Mr.
Sadusky. Mr. Ruane requested that the motion be amended to move the $44,869 for the Planner
from the .05 cent column to the .03 cent column, replacing the park maintenance position since
there did not seem to be a great deal of support for it. Mr. Salters stated that he would agree to
the amendment if it did not exceed .04 cents, as did Mr. Sadusky, the seconder of the motion.
Mr. Slavin suggested that the City Manager now be requested to provide scenarios for tax
increases between $.03 and $.06 cents, based on the previous motions indicating that range may
be acceptable. Mr. Carey felt that the need for an additional Inspector was more pressing than
for an additional Planner, since the Planners have recently completed several major projects and
may now have time to pursue additional objectives. Mr. Ritter stated that he wanted to see the
Red Light Photo Enforcement Revenues used to retain the Quality of Life Task Force Officers.
On a call for the question, the motion failed by a roll call vote of four (4) yes (Mr. Sadusky,
Mr. Salters, Mr. Ruane, and Mrs. Williams) and four (4) no (Mr. Carey, Mr. Slavin, Mr. Ritter,
and Mr. Hogan) (Mr. Pitts absent).
Mr. Hogan moved to recess until Thursday, May 19, 2005 at 6:00 p.m.
Meeting Recessed at 7:57 p.m.
THURSDAY, MAY 19, 2005 - 6:00 P.M. - 8:00 P.M.
The Special Council Meeting reconvened on Thursday, May 19, 2005 at 6:00 p.m. with Council
President Williams presiding. Council members present were Mr. Carey, Mr. Pitts,
Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan (departed at 6:30 p.m.), Mr. Salters, and
Mr. Ruane.
Council staff members present were Mr. DePrima, Mrs. McDowell, and Mayor Speed (arrived at
7:20 p.m.) .
Page 33
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 9
Continuation - Review of 2005/2006 Draft Budget
Review of 2005/2006 Draft Budget
Mr. DePrima advised members that, after last evenings meeting, Council President Williams and
Mayor Speed advised him that they had independently studied the transfer tax projections and
requested the budget team to reevaluate the transfer tax revenue, which they did. He noted that
the real estate expansion and sales experienced last year will probably continue into next year;
therefore, they increased projected transfer tax revenue and provided updated information for
$.01 - $.04 cent increases (Exhibit #2). He noted that the transfer tax revenue increase will
accommodate the items listed under the $.01 - $.03 cent tax rate increase columns previously
provided, such as Transfer to Post Retirement Reserve, Reduced Transfer from
Water/Wastewater, Quality of Life Task Force/Promotion, etc.
Responding to Mr. Slavin, Mrs. Tieman stated that the original transfer tax estimate was $2M,
revised last week to $2.3M, and revised again last night to $2.4M for the current year. The
original estimate for 2006 was $1.6M, revised last week to $1.8, and revised again last night to
$2.4M.
Mr. Ritter stated that he had reviewed the telephone system for $130,000 and it was his feeling
that there is not a dire need for a new phone system.
Mrs. Williams stated that she requested Mr. DePrima to provide numbers for the tax exempt
properties. Mr. DePrima advised members that 28% of Dover properties are exempt. He also
noted that there are several thousand customers residing outside of the City that are currently on
the City's electric and water system.
Mr. Salters stated that a $.01 cent increase is low, $.02 cents would get the City where it needs to
be, and a $.025 increase would be reasonable and would provide a budget that would allow them
to cut some of the fees. It was Mr. Hogan's opinion that nothing in the $.025 to $.03 cent range
was critical. Mr. Slavin stated that if funding were at $.01 cent or above it would be a significant
decrease in the transfer from Water/Wastewater.
Mr. Ruane moved to proceed to the discussion of the Water/Wastewater Fund, seconded by
Mr. Salters and carried by a unanimous roll call vote.
Mr. DePrima advised members that the revenue generated from the proposed water/wastewater
increases were as follows:
FUND AMOUNT OF INCREASE TOTAL
Water $.10 increase $160,000
Wastewater $.20 increase $286,120
Water $2.50 Customer Charge $375,000
Wastewater $2.50 Customer Charge $375,000
Transfer to General Dependent on Water/Wastwater Fund Revenue $942,786
Mr. DePrima noted that the increase in fees would be shared by all of the rate payers, including
exempt properties and customers outside of the City. He noted that, although the revenue is
Page 34
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 10
fairly stable, it could be impacted by the loss of a large customer or a decrease in water usage.
Mr. DePrima advised members that the customer charge is also shared by all rate payers;
however, the charge has a greater impact on the small user than on the large user. Mrs. Tieman
stated that the customer charge was thought to be a way to add stability to the revenue by
guaranteeing the quantity.
Responding to Mr. Ruane, Mr. Koenig stated that the average two-person home would use
3,000 gallons of water or less per month, and the rate increase would be approximately $3.60 per
year for water.
Mr. Ruane moved to accept the recommended increases of $.10 for Water, $.20 for Wastewater,
and customer charges of $2.50 for Water and $2.50 for Wastewater. The motion was seconded
by Mr. Sadusky and failed by a roll call vote of two (2) yes, seven (7) no (Mr. Carey, Mr. Pitts,
Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mrs. Williams).
Mr. Ritter stated that he did not feel the Royal Farms pump station, in the amount of $160,000,
was critical at this time. Mr. Ritter noted that there are several trucks and cars included in the
budget and suggested that the Police Department vehicles be passed down to other departments.
Responding, Mr. DePrima stated that they do pass down many vehicles with many miles on
them and they are recycled until Vehicle Maintenance determines that they are no longer
salvageable.
Mr. Koenig advised members that the White Oak Farms pump station was upgraded
approximately five (5) years ago without upgrading the force main. He noted that it is currently
being pumped from White Oak Farms to Station #3 and will be connected to the new County
bypass, which will shorten the length. Mr. Koenig advised members that the force main would
be increased from 10" to 12" and construction will begin this summer. He noted that this will be
a big improvement to the system and will help define the inflow and infiltration issues.
Responding to Mr. Ruane, Mr. Koenig stated that the Kent County fee will increase from $1.85
to $2.13, an increase of $.28 cents per 1,000 gallons. He noted that the City currently charges its
customers $1.85 for the service. Mr. DePrima advised members that the consequence of no fee
increases impact the funds being set aside for reserves to fix the inflow and infiltration and
brown water issues. Mrs. Tieman stated that without the increases, it would not be possible to
put $50,000 in the post retirement reserve, $750,000 in the capital assets account, or $400,000 to
the Improvement and Extension Fund. Mr. Slavin stated that he would like to balance revenue
and property tax.
Mr. DePrima advised members that a customer charge of $1.25 for water and $1.25 for
wastewater would reduce the transfer from the Water Fund to $377,000.
Mr. Salters moved to approve an increase of $.10 for the water rate, $.20 for the wastewater rate,
a customer charge of $1.25 for water, and a customer charge of $1.25 for wastewater. The
motion was seconded by Mr. Carey.
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SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 11
Mr. Ritter reminded members that the rate was increased $.25 cents last year. Mr. Salters stated
that the cost of the services is increasing and must be passed on to the consumer. Mr. Carey
suggested the possibility that senior citizens could be exempt from the customer charge, similar
to the property tax exemption.
Mr. Carey moved to amend the motion to include a senior citizen exemption for the customer
charge, seconded by Mr. Slavin. Mr. Ruane stated that the customer charge is related to the cost
of providing a service and providing a discount for seniors could be considered discrimination.
Mr. Salters suggested providing a rebate to qualifying senior citizens at the end of the budget
year upon request. Mr. DePrima reminded members that some water customers are outside of
the City and not a part of the tax program. Additionally, renters would not be eligible, only
homeowners receiving a tax bill.
Mr. Carey and Mr. Slavin agreed to withdraw their amendment and instead direct the City
Manager to research other options for providing a senior citizen discount on the customer
charges.
The motion to approve an increase of $.10 for the water rate, $.20 for the wastewater rate,
a customer charge of $1.25 for water, and a customer charge of $1.25 for wastewater was
carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter)(Mr. Hogan absent).
Mr. Salters moved for approval of a $.02 cent tax increase for Fiscal Year 2005/2006, seconded
by Mr. Carey.
Mr. Ruane noted that there is only coverage for the Quality of Life Task Force for three quarters
of the year. He requested members to consider a $.03 cent tax increase to cover those costs for
the remainder of the year. Mr. DePrima stated that the $140,685 figure covers three (3) officers
for three quarters of a year and it would be an additional $40,000 for three officers for the full
year. He stated that they may need to make some adjustments next year.
Responding to Mr. Carey, Mr. DePrima stated that the Planner position had been moved to the
first column. Mr. Carey noted that it would be funded for only three quarters of a year as well.
Mr. Carey stated that he would like for Council to have an opportunity to discuss the Planner
position prior to the actual hiring. Mr. Salters, noting that he did not want to increase taxes again
next year, recommended eliminating the Planner position in order to save money.
Mr. Salters moved to amend his motion to approve a $.03 cent tax increase for Fiscal Year
2005/2006, seconded by Mr. Ruane and carried by a roll call vote of seven (7) yes, one (1)
no (Mr. Ritter)(Mr. Hogan absent).
Responding to Mr. Ritter, Mr. DePrima stated that it was much more effective to have
Mrs. Tieman located in City Hall since more than 50% of her duties are related to the budget.
He noted that she had also been assigned several special projects which would not have been
accomplished otherwise. Council President Williams stated that she was initially concerned that
the move would give the appearance of an “Assistant City Manager” position; however, the job
description makes it very clear that it is not.
Page 36
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 12
Mr. Carey moved to defer the hiring of an additional Planner until an analysis of the need
for a new position can be completed by the City Manager and the Planning Director. The
motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Hogan
absent).
Electric Revenue Fund
Mr. DePrima advised members that the only fee increase is the power cost adjustment.
Referring to the $900,000 included in line 90-25 for the Governors Avenue rebuild project,
Mr. Ruane stated that uncertainty has been raised by the State government with regard to this
project and has been removed from their budget.
Mr. Ruane moved to direct the City Manager to give a sense of concern to the Department of
Transportation and their delegation in the General Assembly that the City would appreciate
having the project included for funding, seconded by Mr. Sadusky.
Mr. DePrima advised members that this is a $14M project which has only been funded for $2M.
He stated that he would make the State aware that the City would require a larger commitment
before the City will spend a lot of money on upgrades. Mr. Steve Sax, Electric Director, stated
that he has been to all of the meetings and the City is positioning itself to be pro-active on the
project. He stated that the City’s funding should send the message that the project is ready to
move forward.
The motion to direct the City Manager to give a sense of concern to the Department of
Transportation and their delegation in the General Assembly that the City would
appreciate having the project included for funding was carried by a roll call vote of seven
(7) yes, one (1) no (Mr. Ritter)(Mr. Hogan absent).
Mr. Salters moved that the Electric Administration, Electric Engineering, and
Transmission and Distribution budgets be approved as presented, seconded by Mr. Carey
and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter)(Mr. Hogan absent).
P.F.P. Salary Calculations (Non-Bargaining Employees)
Mr. DePrima presented the Pay for Performance Calculations for non-bargaining employees
(Exhibit #3). Responding to Mr. Salters, Mr. DePrima stated that non-bargaining employees do
not receive cost of living raises.
Mr. Slavin moved for approval of the Pay For Performance Schedule as presented,
seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Salters moved to adjourn, seconded by Mr. Ruane and unanimously carried.
Meeting Adjourned 7:50 P.M.
Page 37
SPECIAL CITY COUNCIL MEETING OF
MAY 11, 12, 18, AND 19, 2005 PAGE 13
TRACI A. MCDOWELL
ASSISTANT CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of
May 11, 12, 18, and 19, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/TM
S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\05-11-12&18-19-2005-BudgetReview.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Table - One Cent Rate Increase From the Base Tax Rate
Exhibit #2 - Table - One Cent Rate Increase From the Base Tax Rate-Revised
Exhibit #3 - Pay-for-Performance Salary Calculation
Page 38
2005 TAX APPEALS HEARING REPORT AS OF JUNE 2, 2005 - STIPULATED VALUES
PRIOR STIPULATED
PARCEL # OWNER'S NAME COMMENTS
VALUE VALUE
SQ FT ADJUSTMENT, SALES
56818405 STEVE B. SCHMIDT 107,000 102,100 COMPARISON
APPRAISAL AND SALES
57620335 GARRY & PENNY SAROUKOS 297,900 258,200 COMPARISON
57606406 WILLIAM & MARIA BOULINE 99,600 94,200 SALES COMPARISON
DATA ERROR CORRECTION, SQ FT
ADJUSTMENT, SALES
57710135003 MICHAEL S. SHIFFLET 94,900 87,400 COMPARISON
DATA ERROR CORRECTION, SALES
65814101701 JAMES & BARBARA BROCKTON 112,800 86,000 COMPARISON
56818128 SK HOLDINGS - DOVER LLC 431,200 295,700 SALES COMPARISON
57718290 FREDERICK W. HERTRICH III 10,062,900 2,455,900 DATA ERROR CORRECTION
57709521 RIDGELY HOUSE & GARDENS LLC 417,200 328,300 INCOME APPROACH ADJUSTMENT
57709526 HENRY R. HORSEY 357,600 262,000 DATA ERROR CORRECTION
DATA ERROR CORRECTION AND
57608516 ERIC O'BRIEN 87,000 67,600 SALES COMPARISON
DATA ERROR CORRECTION AND
65818123 FREDERICK TOLBERT 105,400 86,500 SALES COMPARISON
SQ FT ADJUSTMENT AND SALES
65814101110 NANCY OCHS 113,500 92,300 COMPARISON
5570011303 DOVER MALL LP 10,878,700 9,246,900 INCOME APPROACH ADJUSTMENT
55700114 DOVER MALL LP 56,187,700 43,885,500 INCOME APPROACH ADJUSTMENT
5570011302 DOVER MALL LP 19,505,800 14,767,800 INCOME APPROACH ADJUSTMENT
AGRICULTURAL EXEMPTION
VALUE CORRECT ON HOUSE AND
6690010701 DALE CONARD 1,889,100 147,700 SITE
APPRAISAL AND SALES
58512423 JEFFREY & FRANCES WAID 185,400 174,200 COMPARISON
APPRAISAL BY OWNER AND
5680910903 CRISFIELD LLC 2,217,570 1,263,100 INCOME APPROACH ADJSUTMENT
5570011304 BERKS CTY REAL EST ASSOC V LP 15,897,200 14,784,400 INCOME APPROACH ADJUSTMENT
57606664 ONE GREENTREE OFFICE CENTER LP 3,745,400 2,690,000 INCOME APPROACH ADJUSTMENT
57606665 DOVER HUNT LAND CO. LLP 300,000 20,000 LAND RESIDUAL ADJUSTMENT
57606666 STEVENS/ANSTINE 1987-1 LP 3,973,800 3,973,800 NO CHANGE
57606667 GREENTREE VILLAGE CENTER LP 8,846,600 6,466,900 INCOME APPROACH ADJUSTMENT
57606669 STEVENS/ANSTINE 1987-1 LP 1,208,200 925,000 INCOME APPROACH ADJUSTMENT
57605344 YATES ANNE S 128,800 119,000 SALES COMPARISON ANALYSIS
FIRST STATE FEDERAL CREDIT
57607156 UNION 1,236,300 911,500 INCOME APPROACH ADJUSTMENT
57608401 HARMAN OIL COMPANY 36,400 25,900 LAND USE ADJUSTMENT
57705323 HARMAN BROTHERS LLC 40,100 36,300 LAND USE ADJUSTMENT
Page 39
PRIOR STIPULATED
PARCEL # OWNER'S NAME COMMENTS
VALUE VALUE
RENOVATIONS NEEDED
57718107 HARMAN OIL COMPANY 88,900 76,100 UNLIVABLE
SHAPE, SIZE AND LOCATION. LAND
56818547 HARMAN BROTHERS LLC 43,800 35,600 ADJUSTMENT
56817331 HARMAN BROTHERS LLC 196,300 196,300 NO CHANGE
57706189 AMER AHMAD E 8,254,300 4,091,900 INCOME APPROACH ADJUSTMENT
5771312822 CAREY CYNTHIA M - TRUSTEE 330,900 297,800 SALES COMPARISON ANALYSIS
SQ FT ADJUSTMENT AND SALES
56715124 BENNER ELIZABETH V 104,900 102,000 COMPARISON
SQ FT ADJSUTMENT AND SALES
57609249 WEINTRAUB DENNIS & KAREN 198,000 187,400 COMPARISON
CLAYTON CHRISTINE S & GSELL
56709116 FREDERICK D 499,600 425,100 SQ FT ADJUSTMENT
SQ FT ADJUSTMENT, SALES
56713230 WELSH ROBERT D & LINDA Y 218,200 178,700 COMPARISON
SQ FT ADJUSTMENT AND STORY
56716201 LONG JAMES P 147,100 129,400 HEIGHT
66800127 WICH WILLIAM R 123,900 120,600 SALES COMPARISON
SALES COMPARISON, LAND
57712106 MCDANIEL BARBARA R 623,000 298,600 DEVELOPMENT RESTRICTIONS
55717134 MCDANIEL BARBARA R 160,400 145,800 SALES COMPARISON
ARELLANO LAMBERTO M MD &
57713252 LYZBETH REVOC TRUST 177,700 164,700 SALES COMPARISON
ARELLANO LAMBERTO M MD & SQ FT ADJUSTMENT, INCOME
5771714501 LYZBETH REVOC TRUST 526,900 355,700 APPROACH ADJUSTMENT
DATA ERROR CORRECTION AND
57705352001 QUINN JAMES P 107,100 77,700 SALES COMPARISON
DATA ERROR CORRECTION AND
57705353 QUINN JAMES P 116,100 78,400 SALES COMPARISON
56715116 MCNAIR JAMES D II 101,000 97,900 SALES COMPARISON
DATA ERROR AND SALES
56815206 DUPHILY JOAN T 49,300 34,500 COMPARISON
DATA ERROR AND SALES
56815207 DUPHILY CRYSTAL L 124,300 101,500 COMPARISON
DATA ERROR AND SALES
56716176 FENNEL CARLD & GENEVA P 147,500 144,600 COMPARISON
66800205 DIEHL DANIEL J & PATRICIA S 126,900 125,600 DATA ERROR
56612130 AUSEJO PLACIDO JR & AZUCENA 328,200 321,100 SALES COMPARISON
SQ FT ADJUSTMENT, SALES
66808109 SIMPSON ADAM E & SUSAN B 295,400 254,600 COMPARISON, STORY HEIGHT
57508105 RONSTON RICHARD & ELIZABETH A 179,100 179,100 NO CHANGE
DATA ERROR AND SALES
58508320 COAN STUART W & SUSAN S 190,400 163,400 COMPARISON
SQ FT, STORY HEIGHT AND SALES
57705233 MOSES DAVID & CECICILIA V 170,800 140,400 COMPARISON
57607102 BIEKER RICHARD F & KATHLEEN A 94,200 93,600 DATA ERROR
ERROR CORRECTION AND SALES
58508111 BIEKER RICHARD F & KATHLEEN A 191,400 165,800 COMPARISON
5771412101 ARMIGER BETH 137,200 133,100 LAND SIZE ADJUSTMENT
BUILDINGS REMOVED FROM
57709351 BRAUN PROPERTIES LLC 151,900 69,500 RECORDS
Page 40
PRIOR STIPULATED
PARCEL # OWNER'S NAME COMMENTS
VALUE VALUE
BUILDING REMOVED FROM
56720118 EDGELL ROBERT L 291,500 215,400 RECORDS
SQ FT ADJUSTMENT, STORY
56718208 DIX THOMAS J KATHRYN M 181,700 165,200 HEIGHT, SALES COMPARISON
56711153 PARKER JONH E & CYNTHIA L 160,400 155,600 SALES COMPARISON
SQ FT ADJUSTMENT AND SALES
57605306 ORVIS JANICE L 176,300 161,000 COMPARISON
66800204 DIEHL DANIEL J & PATRICIA S 107,600 107,600 NO CHANGE
ANDERSON SCHUYLER & SMITH
57606618 THOMAS G 98,800 95,000 DATA ERROR
SQ FT ADJUSTMENT AND SALES
5671920223 TMM HOLDING CORP LLC 497,100 264,300 COMPARISON
SQ FT ADJUSTMENT, SALES
56709169 MYERS ROBERT J & LUETT E 174,300 179,500 COMPARISON
66800124 HIBBLER CLYDE L JR 23,700 23,700 NO CHANGE
66800123 HIBBLER VERNA 79,100 73,100 DATA ERROR
66800126 HIBBLER CLYDE L 51,000 51,000 NO CHANGE
57709132 HIBBLER CLYDE L JR 14,100 14,100 NO CHANGE
DATA ERROR AND SQ FT
57612124 GRAY BEULAH 110,300 96,700 CORRECTION
154,734,670 114,242,900
Page 41
2005 TAX APPEALS HEARING REPORT AS OF JUNE 2, 2005 - EXEMPTIONS
ORIGINAL ADJUSTED
TAX PARCEL ID OWNERSHIP VALUE VALUE RECOMMENDATION
05850820201 Capitol Baptist Church 62,800 62,800 Exemption Granted
057717310 Capital Grange No. 18 296,000 296,000 Exemption Granted
057717315 Capital Grange No. 18 57,800 57,800 Exemption Granted
057608429 Holy Trinity Church 28,300 28,300 Exemption Granted
444,900 444,900
Page 42
UTILITY COMMITTEE
The Utility Committee Meeting was held on May 23, 2005, 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. Pitts, Mr. Slavin (arrived at 5:42 p.m.) Mr. Ritter, Mr. Salters (arrived at
6:18 p.m.) and Council President Williams.
AGENDA ADDITIONS/DELETIONS
Mr. Sadusky moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried.
Puncheon Run Pumping Station Upgrades
The FY-2005 Operating Budget for the Public Works Wastewater Management Division included
a capital project to upgrade the existing Puncheon Run Pumping Station. The upgrade includes the
replacement of the existing pumps and piping, installation of new electrical equipment and controls,
installation of a new HVAC system, bypass pumping and miscellaneous building improvements.
The low bid was received from C&D Contractors, Inc., Wilmington, Delaware, in the amount of
$951,290.
Members were advised that based on the referenced estimated expenses, construction phase expenses
are projected to be $1,061,290, of which $502,020.47 has been allotted in the FY-2005 budget. The
remaining funds are to be reassigned from the U.S. 13 East Interceptor Sewer Project which has a
lower construction priority at this time. Partial funding for the U.S. 13 East Interceptor Sewer
Project was provided by a bond issue in 2003. Bond funds in the amount of $1,000,000 have been
assigned to the U.S. 13 East Interceptor Sewer Project. Due to alignment issues, staff availability,
and easement acquisition for the U.S. 13 Interceptor Sewer Project, staff requested that the project
budget for the interceptor sewer be reduced until these issues have been fully resolved. The
remaining $250,000 in the interceptor sewer project is being provided from the Impact Fee Reserve
Fund and will allow construction of the first segment of the alignment on property owned by Dover
Downs, Inc. To change the use of these bond funds from the U.S. 13 Interceptor Sewer Project to
the Puncheon Run Pumping Station Upgrade, a resolution to amend bond documents will be
required, which will be provided by the Finance Department for Council consideration prior to the
use of the funds.
Staff recommended approval of the low bid submitted by C&D Contractors, Inc., in the amount of
$951,290 for the construction of the Puncheon Run Pumping Station Upgrades and authorizing the
Finance Director to prepare a bond resolution for Council consideration to amend the projects to be
funded with the 2003 bond issues. The estimated total construction costs associated with the project
is $1,061,290.
Mr. Koenig, Public Works Director, explained that the inflow and infiltration and brown water issues
must be resolved before the City can begin working on the U.S. 13 Interceptor Sewer Project, which
was the original plan for bond monies to extend through Dover Downs.
Mr. Ritter referred to the suggestion made during the past Council Retreat regarding the concept of
the pumping stations being owned by the County. He noted that the City would not have to consider
this issue if the City would relinquish ownership of the pumping stations to the County.
Page 43
UTILITY COMMITTEE MEETING
OF MAY 23, 2005 PAGE 2
Responding, Mr. DePrima stated that he met with County representatives and indicated the City’s
interest in having the pumping stations owned by the County. Although the initial reaction was not
positive, he stated that before they would give it serious consideration, the pumping station would
need to be rehabilitated. Members questioned what effect this would have on the City’s debt since
bond funds would be used for the project. Mrs. Mitchell, Finance Director/Treasurer, was requested
to consult with the City’s Bond Counsel regarding this matter.
Mr. Ruane moved to recommend approval of staff's recommendation for awarding the
construction contract to C & D Contractors, Inc. in the amount of $951,290 for the
construction of the Puncheon Run Pumping Station Upgrades; to authorize staff to negotiate
an engineering services agreement with Whitman Requardt & Associates to provide technical
review of shop drawings, attend monthly construction meetings and answer all technical
interpretation of the design and construction drawings (the estimated costs of these services
will be $60,000. A separate agreement will be brought to Council for formal authorization);
to authorize funding in the amount of $50,000 for a construction contingency for change
orders, which represents 5.25% of the low bid; and to authorize the Finance Department to
prepare a bond resolution for Council consideration to amend the projects to be funded with
the 2003 bond issue (Attachment #1 - Bond Resolution). The estimated total construction costs
associated with the project is $1,061,290. The motion was seconded by Mr. Sadusky and
unanimously carried.
Time and Material Contract - George & Lynch, Inc.
In July 2004, Kent County Levy Court approved a low bid from George & Lynch, Inc. for a general
labor and equipment contract, also known as a time and materials contract. In accordance with
Section 3.3 (J) of the City of Dover Purchasing Policy, “The City of Dover is permitted to use state,
county, municipal, and other government or private company contracts to purchase material once it
has been determined that the procedures outlined within this policy will not be violated. Any
deviation from this policy for the purpose of cooperative purchasing must be approved by the City
Manager prior to entering into any purchase agreement”. Since there have been a number of bidders
on various projects during the current bidding environment, staff requested consideration of several
projects to be constructed using the labor, materials, and equipment charges identified in the low bid
from George & Lynch, Inc., as follows:
Location Remaining/Proposed Project Budget
Division Street Water Main Upgrade $598,340.00 (FY-2005)
U.S. 13 East Interceptor Sewer Main - Segment 1 $247,542.55 (FY-2005)
White Oak Farms Pump Station Force Main Rerouting $160,000.00 (FY-2006)
Kings Highway Sewer Diversion Project $ 60,000.00 (FY-2006)
George & Lynch, Inc. has offered to extend the low bid unit prices for labor, materials and
equipment to the City through December 31, 2005. Staff recommended acceptance of the extension
of the low bid from George & Lynch, Inc. through December 31, 2005 for the purpose of providing
general labor, materials and equipment under a "Time & Materials" contract for the purpose of
constructing public works projects as authorized by the City's Purchasing Policy.
Page 44
UTILITY COMMITTEE MEETING
OF MAY 23, 2005 PAGE 3
Mr. DePrima explained his authorization for deviation in accordance with the Purchasing Policy.
Although the Public Works Director had indicated his opinion that Section 3.3 (J) of the Purchasing
Policy includes labor, Mr. DePrima stated he disagreed and explained that the Purchasing Policy
allows for authorization by the City Manager for deviation, which is what should be considered in
approving the recommendation.
Mr. Ruane questioned if Section 3.3 (J) of the Purchasing Policy should be amended to include the
purchase of “labor”. He relayed concern with the City Manager having to continuously deviate from
the policy.
Mr. Ruane moved to recommend that the City Manager, along with the Finance
Director/Treasurer, review the Purchasing Policy for an amendment that would eliminate the
need for the City Manager to routinely use deviation authority to be brought back to the
committee for review. The motion was seconded by Mr. Cregar and unanimously carried.
Responding to Mr. Carey, Mrs. Mitchell stated that approval of the time and material should remain
within the budget of the project costs.
In an attempt to resolve any concerns at this time, Mr. DePrima suggested that members include a
statement that would authorize the Public Works Director to purchase project material when an
analysis shows that direct purchases are less than material costs estimated by George & Lynch and
under the budgeted amount.
Mr. Sadusky moved to recommend approval of staff’s recommendation to accept the extension
of the low bid from George & Lynch, Inc. through December 31, 2005 for the purpose of
providing general labor, materials and equipment under a “Time & Materials” contract for
the purpose of constructing public works projects, as authorized by the City’s purchasing
policy, and further authorize the Public Works Director to purchase project material when
an analysis shows that direct purchases are less than material costs estimated by George &
Lynch and under the budget amount. The motion was seconded by Mr. Snaman and
unanimously carried.
Mr. Snaman moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 6:30 P.M.
Respectfully submitted,
Carleton E. Carey, Sr.
Chairman
CEC/jg
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Attachments
Attachment #1 - Bond Resolution
Page 45
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee Meeting was held on May 24, 2005, at 6:30 p.m.
with Chairman Hogan presiding. Members present were Mr. Carey, Mr. Link, and Mr. Lakeman.
Mr. Ritter was absent. Mr. Sadusky was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Link and unanimously carried.
Consideration of Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic -
Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton,
and Trailer and Motor Home Parking
During their meeting of April 27, 2005, members reviewed a proposed ordinance amendment to
Chapter 13, Motor Vehicles and Traffic, which would impose a time limit of twenty-four (24)
consecutive hours for parking a boat trailer on residential streets. Currently, parking of boat trailers
on residential streets is limited to two (2) hours. Mr. Carey advised members that he had received
calls from citizens in reference to this matter and provided the new committee members with a
summary of the last meeting. He explained that, due to their being some questions, this item was
tabled in order for the Planning and Inspections Department to provide additional information and
to give the concerned resident an opportunity to address the committee.
Mr. Kline Kemp, 228 Jefferson Terrace, stated that two complaints had been lodged against him for
having his boat parked in front of his residence for longer than the two hour limit. He explained that
boat storage facilities are not open at 4:00 a.m. He would like to see the ordinance changed to allow
time for the loading, unloading and cleaning of the boat, which is difficult to do in the two (2) hour
time limit; however, it could be accomplished in twenty-four (24) hours.
Mr. Hogan suggested that rather than twenty-four (24) hours, the time limit be set at twelve (12)
hours. Concurring, Mr. Link also suggested that a maximum boat size be included in the ordinance.
After much discussion, the committee recommended that Section 13-30.2 (d) be amended to read,
as follows:
“It shall be unlawful for any person to park a trailered boat under twenty-five (25)
feet on the streets of Dover for a period longer than twelve (12) consecutive hours.
For any trailered boat twenty-five feet or greater, refer to Section 13-30.2 (a).”
Noting that a number of citizens had expressed concern with motor homes at the previous meeting,
Mr. Lakeman suggested that the committee consider motor homes with this amendment. Mr. Hogan
requested that Mr. Galvin, Director of Planning and Inspections, provide members with a draft of
the recommended changes for boats and include provisions for motor homes as well at the next
meeting.
Page 46
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
MEETING OF MAY 24, 2005 PAGE 2
Mr. Lakeman moved to defer the matter until the next meeting in order to allow Mr. Galvin
an opportunity to provide members with the changes recommended for Section 13-30.2(d) and
additional information to include motor homes, seconded by Mr. Link and unanimously
carried.
Mr. Carey moved for adjournment, seconded by Mr. Lakeman and unanimously carried.
Meeting Adjourned at 7:08 P.M.
Respectfully submitted,
Kenneth L. Hogan
Chairman
KLH/rm
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Page 47
Office of the Mayor
MEMORANDUM
TO: Members of City Council
FROM: Stephen R. Speed, Mayor
DATE: June 3, 2005
RE: Monthly Report – April 2005
It is an honor and pleasure to provide you with the efforts of the Mayor’s office for April 2005, a
particularly busy month. As always, I would be happy to answer any questions or provide any
additional information.
Date Event/Meeting/Activity
1 Senator Carper’s Homeownership Initiative Unveiling – Sen. Carper unveiled the Dover
Community Partnerships effort to increase homeownership in downtown Dover at 219
Cecil Street. Members of the Partnership, several members of City Council and members
of the community attended the event.
Retired & Senior Volunteer Program (RSVP) – The Modern Maturity Center hosted the
luncheon and awards ceremony to recognize all of its volunteers. Sen. Carper, Levy
Court Commissioner Angel, and hundreds of volunteers attended the ceremony.
3 Dover Air Force Base (DAFB) Operational Readiness Inspection Reception – DAFB
hosted this reception at The Landings to welcome members of the Air Force inspection
team. Councilman Carey, Col. Pray, Col. Rutland and members of the 436th and 512th
Airlift Wings attended the event.
4 Mayoral Institute for Weapons of Mass Destruction (WMD) and Terrorism Incident
Preparedness – Lewes Mayor James Ford hosted this seminar for mayors and town
managers from several Delaware municipalities. This event was sponsored by the
Delaware Emergency Management Agency (DEMA).
Page 48
Mayor’s Monthly Report
April 2005
Page 2 of 4
12 Kent County Levy Court Access Road Ribbon Cutting – Local state legislators, members
of Levy Court, several members of City Council, and other dignitaries attended this
ribbon cutting to commemorate the opening of the access road to the new Kent County
Administration Building.
13 Kent County Strategic Fund Committee – Members of the Kent County Strategic Fund
Committee met and voted unanimously to provide Eastern Shore Environmental with
$250,000 to help defer the costs of moving to their new location away from DAFB.
The Outlook at the Duncan Center Grand Opening – Local state legislators, Levy Court
members, several members of City Council, and other dignitaries attended this event to
commemorate the grand opening of this unique facility in downtown Dover.
Candidates Night - The League of Women Voters, the Greater Dover Committee and the
Kiwanis Club of Dover hosted this debate on the campus of Delaware Technical and
Community College for candidates running for City Council. Council candidates and
numerous citizens attended the event.
18 Delaware State Division of Human Relations Fair Housing Conference – The State
Division of Human Relations held its annual Fair Housing Conference at the Sheraton
Dover Hotel. Many representatives of the Human Relations and Fair Housing
communities attended the conference.
19 Kent County Administration Building Grand Opening and Ribbon Cutting – Lieutenant
Governor Carney, local state legislators, Levy Court members, several members of City
Council and local citizens attended the event to commemorate the opening of Kent
County’s new administration building.
21 Mt. Sinai Church Mid-Atlantic Regional Conference – Members of Mt. Sinai held their
annual conference at the Sheraton. Chaplain Dixon also attended the reception.
22 Mayors/Managers Meeting – The mayors and professional managers of Wilmington,
Newark, Dover and Georgetown met in Wilmington to discuss issues of mutual interest.
23 Dover Little League Opening Day Ceremony – Dover Little League held its opening day
ceremony and commemorated its 50th Anniversary. Sen. Carper, Rep. Stone, Rep. Ennis,
other dignitaries, and the parents, coaches, umpires, officials, and little league players
attended the ceremony.
Union Lodge No. 7 A.F. & A.M. Masonic Hall Dedication – Union Lodge No.7 held a
dedication ceremony for its new building on Wyoming Mill Road. Members of the lodge
and members of the Grand Lodge of Delaware were in attendance.
State Street Inn Open House – The owners of the new State Street Inn Bed and Breakfast
held an open house to showcase the recently completed renovations. Interested members
of the community attended the open house.
Page 49
Mayor’s Monthly Report
April 2005
Page 3 of 4
Tuskegee Airmen Scholarship Dinner – The local chapter of the Tuskegee Airmen
presented scholarships to deserving students from local schools at its annual dinner.
Kevin Smith from Sen. Biden’s office, members of the local Tuskegee Airmen chapter
and the scholarship recipients attended the dinner and awards presentation.
All Ranks Military Ball – Gen. Vavala, Commander of the Delaware National Guard,
hosted this ball at Dover Downs. Col. Pray and other uniformed personnel from all
branches of the service were in attendance.
27 Senator’s Superstars Guest Speaker – Arthur Paul hosted the Annual Senator’s Superstars
program at Dover High School (DHS) to recognize many of the outstanding students who
attend DHS. Members of the Capital School Board, students, and their families attended
this event.
28 The Two Bays District of the Boy Scouts of America Distinguished Citizen Award
Dinner – The Two Bays District awarded Mary Skelton its Distinguished Citizen of the
Year Award at the Sheraton. Numerous elected officials, other dignitaries, and members
of the Boy Scouts organization attended the awards dinner.
30 Homeland Security Exercise & Evaluation Program, Emergency Response Full Scale
Exercise – The Delaware Emergency Management Agency hosted this full scale exercise
at Dover Downs. First responders from numerous state and local agencies attended
and/or participated in the event, along with hundreds of volunteers.
Other meetings/events and grand openings/ribbon cuttings attended:
City Council Meetings
Central Delaware Economic Development Council
Delaware Economic Development Council
Rotary
Central Delaware Chamber of Commerce
Utility Committee
Legislative, Finance, & Administration Committee
Parks, Recreation, & Community Enhancement Committee
Delaware Civic Center Corporation
Constituent Meetings
Delaware League of Local Governments
USO Charity Auction Committee
Greater Dover Committee
Towne Point/White Oak Neighborhood Association Meeting with DelDOT
Homeland Defense and Terrorism Preparedness Working Group
Homeland Defense and Terrorism Preparedness Funding Committee
Major Kevin Harding’s Retirement
Police Department Swearing-in Ceremony
Police Department Service Awards
West Dover Connector Working Group
Hutchins Funeral
Local Legislators’ Meeting
St. Thomas More Academy Honor Society Induction
House of Pride National Alcohol Screening Day
Page 50
Mayor’s Monthly Report
April 2005
Page 4 of 4
Delaware Mentoring Council Benefit Concert Meeting
Weed & Seed Meetings
Methodist Church Reception for Bishop Matthews
Promotion Selection Party for Col. John I. Pray
Blue Suiter’s Golf Tournament
Wild Meadows Neighborhood Association Meeting
Delaware Department of Transportation Directional Boring Meeting
Dover Community Partnership Reception
Holy Cross Virtual City Discussion
Delaware Aerospace Education Foundation
Delaware Federation of Families for Children’s Mental Health Ribbon Cutting
Delaware Civic Center Corporation Presentation to the Delaware Hotel & Lodging
Association
Small Business Week Breakfast
Mayor’s Prayer Breakfast Committee
Delaware Civic Center Corporation Presentation to the League of Local Governments
Page 51
FIRST READING
WHEREAS, the 2004/2005 fiscal year property tax rate for the City of Dover is $.411 (forty one and
one tenth cents) per hundred dollars of assessed value and the Tax Assessor reported that the total
assessed value of property at the beginning of the year was $1,761,053,800; and
WHEREAS, upon completion of the re-evaluation completed in 2005, the Tax Assessor is reporting
the total assessed value minus new construction assessed in 2004/2005 to be $2,314,244,665; and
WHEREAS, Delaware State Law: 22 Delaware Code Section 1105(b) requires municipalities to
calculate a “rolled-back” tax rate so as to provide the same tax revenue as was levied during the prior
fiscal year and to state that the percent, if any, by which the property tax rate to be levied exceeds
the “rolled-back” property tax rate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
That the City of Dover “rolled-back” tax rate is $.310 per hundred of assessed value, and 2005/2006
tax rate is to be set at $.34 per hundred dollars of assessed value, the increase over the rolled-back
tax rate being 9.68%.
ADOPTED: *
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Page 52
FIRST READING
2005-2006 BUDGET ORDINANCES
GENERAL FUND
CASH RECEIPTS AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Thirty-Two Million Two Hundred Eighty-Six Thousand Nine Hundred Eighty-Six Dollars ($32,286,986)
or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments
of the Municipal Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipts Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 2,776,047 2,594,353
Fines and Police Revenue 728,020 728,020
911 Fee 64,000 64,000
Interest Transfers and Earnings 150,000 150,000
Library Revenues 45,200 46,450
Kent County Book Reimbursement 297,000 375,000
Business Licenses 1,250,000 1,275,000
Permits and Other Licenses 858,300 871,400
Miscellaneous Charges 45,219 44,650
Police Extra Duty 377,720 377,720
Property Taxes 7,372,918 8,161,808
Recreation Revenue 92,700 95,500
Franchise Fee 360,000 360,000
Transfer Tax 2,400,000 2,400,000
Trash Fees 902,000 1,074,560
DSWA Trash Fee Rebate 175,583 176,000
Rent Revenue - Garrison Farm 28,213 28,213
Court of Chancery Fees 520,000 540,000
Internet Revenue 20,000 20,000
Intrafund Service Receipts Water/Wastewater 997,653 1,101,076
Intrafund Service Receipts Electric 3,772,225 3,998,495
Grants:
Police Related 172,000 160,000
State Grant - Trail Maintenance 1,200 0
Recreation Grants 20,000 0
Misc Grant Revenue 13,000 100,000
Sale of Land 16,750 0
Transfers From:
Municipal Street Aid 792,000 792,000
Civil Traffic Penalties 300,000 500,000
Water/Wastewater 848,016 535,785
Electric 5,463,008 5,716,956
General Contingency 250,000 0
Fund Totals 31,108,772 32,286,986
Page 53
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 2
GENERAL FUND - CONTINUED
CASH RECEIPTS AND BUDGET FOR 2005-2006
Expense Summary 2004-2005 2005-2006
Revised Budget
Department Expenses:
City Clerk 340,307 361,757
Council 141,837 127,754
Assessor 293,249 168,400
Fire 925,334 969,254
Grounds Maintenance 1,004,170 1,045,638
Library 900,876 1,010,851
Recreation 688,116 645,406
Planning 201,142 256,846
Public Inspections 931,262 1,022,441
Police 9,889,125 10,757,794
Police Extra Duty 452,280 452,280
Streets 1,232,177 1,301,050
Sanitation 1,992,611 2,335,873
City Manager 371,952 462,205
Information Technology 835,000 962,192
Finance 613,070 677,994
Public Works - Administration 303,833 321,002
Facilities Management 1,076,650 944,818
Public Works - Engineering 255,624 298,451
Central Services 773,141 876,287
Fleet Maintenance 616,218 656,947
Administrative Services 1,084,075 1,119,930
Human Resources 290,074 325,114
Mayor 106,684 109,239
Department Subtotals 25,318,807 27,209,523
Debt Service 440,372 435,247
Transfer to Post Retirement Benefit Reserve 600,000 150,000
Transfer to Workers Compensation 16,000 0
Transfer to Contingency 0 34,000
Transfer to Capital Asset Reserve 0 150,000
Insurance 574,643 465,980
Retirees Health Care 646,627 732,555
Street Lights 533,000 533,000
IT Emergency Preparedness Plan 0 100,000
Transfer to Parkland/Recreation Reserve 374,970 0
Uncollectibles - Trash and Other 10,000 10,000
Current Year Balance 2,594,353 2,466,681
Other Expenses Subtotals 5,789,965 5,077,463
Fund Totals 31,108,772 32,286,986
2. The City Manager is hereby authorized, without further approval of the City Council, to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
Page 54
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 3
GENERAL CAPITAL ASSET REPLACEMENT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Three Hundred Nineteen Thousand Nine Hundred Eighteen Dollars ($319,918) or so much thereof
as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipts Estimates 2004-2005 2005-2006
Revised Budget
Beginning Balance 164,969 164,969
Interest Earnings 0 4,949
Transfer from General Fund 0 150,000
Total 164,969 319,918
Expense Summary
Carry Forward to Next Year 164,969 319,918
Total 164,969 319,918
Note: Funding of the contingency fund exceeds the required two
GENERAL FUND CONTINGENCY
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Six Hundred Five Thousand Seven Hundred Ninety-Five Dollars ($605,795) or so much thereof as
may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government
for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipts Estimates 2004-2005 2005-2006
Revised Budget
Beginning Balance 788,109 554,952
Interest Earnings 16,843 16,843
Transfer from General Fund 0 34,000
Total 804,952 605,795
Expense Summary
Transfer to General Fund 250,000 0
Carry Forward to Next Year 554,952 605,795
Total 804,952 605,795
Note: Funding of the contingency fund exceeds the required two
percent of the current year operating revenues - $605,604.
Page 55
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 4
2005-2006 BUDGET ORDINANCES - CONTINUED
MUNICIPAL STREET AID FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Seven Hundred Ninety-Two Thousand Dollars ($792,000) so much as may be necessary are hereby
appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year
beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Beginning Balance 143 0
State Grant 792,000 792,000
Fund Totals 792,143 792,000
Expense Summary
Items
Transfer to General Fund 792,143 792,000
Fund Totals 792,143 792,000
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
DELAWARE PREVENTION NETWORK
CASH RECEIPTS/REVENUE AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Seventy Thousand Dollars ($70,000) or so much as may be necessary are hereby appropriated from
current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2005,
and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
State Grants 0 70,000
Fund Totals 0 70,000
Expense Summary
Items
Program Expenses/Supplies 70,000 70,000
Expense Totals 70,000 70,000
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
Page 56
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 5
2005-2006 BUDGET ORDINANCES - CONTINUED
WEED AND SEED FUND
CASH RECEIPTS/REVENUE AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Forty-Five Thousand Seven Hundred Seventy-Two Dollars ($45,772) much as may be necessary
are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal
year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Federal Grant 44,170 45,772
Fund Totals 44,170 45,772
Expense Summary
Items
Salaries 34,146 35,072
FICA 2,612 2,683
Health Insurance 4,966 5,501
LID Insurance 219 226
Workers Compensation 178 186
Pension 2,049 2,104
Expense Totals 44,170 45,772
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
WATER/WASTEWATER FUND
REVENUE AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Thirteen Million Seven Hundred Fifty-Six Thousand Eighty-One Dollars ($13,756,081) or so much
as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance - Water 1,627,541 2,107,546
Prior Year Balance - Wastewater 612,267 1,006,363
Prior Year Balance - KCSA (1,085,930) (1,411,416)
Water Fees 3,736,068 4,120,930
Wastewater Fees 2,691,226 3,191,760
Wastewater Adjustment Fees 2,620,407 3,047,178
Water Tank Space Leasing 287,000 303,000
Impact Fees 1,050,000 665,000
State Reimbursement 44,000 0
Miscellaneous Service Fee 41,950 41,950
Transfer from Contingency 241,680 0
Transfer to KCSA from Wastewater 354,107 643,770
Interest Earnings 110,000 40,000
Base Totals 12,330,316 13,756,081
Page 57
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 6
2005-2006 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER FUND - CONTINUED
Expense Summary 2004-2005 2005-2006
Revised Budget
Direct Expenses:
Construction 495,773 538,366
Water Department 797,534 927,211
Water Treatment Plant 631,256 649,662
Wastewater Department 712,928 797,329
Meter Reading 55,081 56,816
Kent County Treatment Charge 3,300,000 3,834,000
Retirees Health Care 110,342 142,983
Intrafund Service Fees 997,653 1,101,076
Direct Expenses Subtotal 7,100,567 8,047,443
Other Expenses:
Debt Service - Water 660,221 935,546
Debt Service - Wastewater 434,492 668,620
Debt Service Arbitrage Rebate 34,390 0
Transfer To:
General Fund from Water 424,008 267,893
General Fund from Wastewater 424,008 267,892
Kent County Chg from Wastewater 354,107 643,770
Water Improvement and Extension 374,927 693,525
Wastewater Improvement and Extension 105,595 389,642
Post-Retirement Benefits Reserve 100,000 50,000
Impact Fee Reserve 615,508 0
Capital Asset Reserve 0 600,000
Current Year Balance Water 2,107,546 1,853,993
Current Year Balance Wastewater 1,006,363 892,225
Current Year Balance KCSA (1,411,416) (1,554,468)
Other Subtotal 5,229,749 5,708,638
Totals 12,330,316 13,756,081
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
Page 58
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 7
2005-2006 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER IMPROVEMENT AND EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Million Four Hundred Seventy-One Thousand Two Hundred Sixty Dollars ($2,471,260) or so
much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance - Water 342,930 159,363
Prior Year Balance - Wastewater 619,578 428,730
Prior Year Bond Proceed Balance Series 2003 542,214 0
Prior Year Bond Proceeds - Wastewater 903,455 0
Trans from Water/Wastewater for Water 374,927 693,525
Trans from Water/Wastewater for Wastewater 105,595 389,642
Transfer from Impact Fee Reserve 275,000 500,000
Miscellaneous Receipts 50,000 0
Developer Contributions 0 300,000
Fund Totals 3,213,699 2,471,260
Expense Summary
Items
Water 1,125,844 597,903
Wastewater 1,450,034 1,366,773
Water Construction 49,728 103,199
Current Year Balance - Water 159,363 203,385
Current Year Balance - Wastewater 428,730 200,000
Fund Totals 3,213,699 2,471,260
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
Page 59
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 8
2005-2006 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER CAPITAL ASSET RESERVE FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Six Hundred Two Thousand Four Hundred Forty Dollars ($602,440) or so much as may be necessary
are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal
year beginning July 1, 2005, and ending June 30, 2006:
Source of Funds 2004-2005 2005-2006
Revised Budget
Items
Beginning Balance 2,366 2,366
Interest Earnings 0 74
Transfer from Water/Wastewater Fund 0 600,000
Total 2,366 602,440
Budget Summary
Items
Transfer to Water/Wastewater Fund 2,366 602,440
Total 2,366 602,440
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
WATER/WASTEWATER CONTINGENCY FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Four Hundred Thirty-Eight Thousand Five Hundred Ninety-Two Dollars ($438,592) or so much as
may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 648,495 425,752
Interest Earnings 18,937 12,840
Total 667,432 438,592
Budget Summary
Items
Transfer to Water 120,840 0
Transfer to Wastewater 120,840 0
Current Year Balance 425,752 438,592
Total 667,432 438,592
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
Page 60
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 9
2005-2006 BUDGET ORDINANCES
ELECTRIC REVENUE FUND
REVENUE AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Sixty-Nine Million Two Hundred Fourteen Thousand Three Hundred Eighteen Dollars ($69,214,318)
or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the
Municipal Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Base Revenue 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 3,836,379 3,477,669
Direct Sales to Customer 55,905,288 57,157,712
Purchase Power Adjustment 4,215,909 6,561,106
Utility Tax 1,071,808 1,245,946
Miscellaneous Revenue 496,000 496,000
Rent Revenue 170,885 170,885
Duke Contract Revenue 1,072,405 0
Interest Earnings 120,000 105,000
Base Totals 66,888,674 69,214,318
Expense Summary 2004-2005 2005-2006
Revised Budget
Items
Purchased Power - DLD 40,077,733 42,636,070
Transmission and Distribution 2,969,521 3,202,268
Electrical Engineering 1,685,400 1,902,191
Administration 870,549 623,646
Meter Reading 272,845 298,703
Utility Tax 1,182,367 1,245,946
Allow for Uncollectibles 125,000 125,000
Retirees Health Care 421,778 527,487
Intrafund Service Fees 3,772,225 3,998,495
Line Subtotal 51,377,418 54,559,806
Other Expenses:
Transfer To:
Improvement and Extension 2,600,000 2,829,840
General Fund 5,463,008 5,716,956
Interest on Deposits 25,000 25,000
Debt Service 2,665,174 2,640,257
Post-retirement Benefits Reserve 200,000 100,000
Rate Stabilization Reserve 1,072,405 0
Workers Compensation Fund 8,000 0
Current Year Balance 3,477,669 3,342,459
Appropriation Subtotal 15,511,256 14,654,512
Base Totals 66,888,674 69,214,318
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
Page 61
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 10
2005-2006 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Five Million Five Hundred Twenty-Nine Thousand Two Hundred Dollars ($5,529,200) or so much
as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 5,145,917 2,243,923
Interest Earnings 75,000 7,000
State Reimbursement for Projects 0 448,437
Transfer from Electric 2,600,000 2,829,840
Totals 7,820,917 5,529,200
Expense Summary
Items
Transmission and Distribution 1,633,066 1,473,114
Electrical Engineering 3,033,104 3,522,029
Transfer to Rate Stabilization 910,824 0
Current Year Balance 2,243,923 534,057
Fund Totals 7,820,917 5,529,200
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of
the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure
#F306 and/or #F306ADD.
ELECTRIC UTILITY CONTINGENCY FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Million One Hundred Fifty-Six Thousand Two Hundred Thirty-Nine Dollars ($1,156,239) or so
much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Beginning Balance 598,043 1,121,921
Interest Earnings 17,941 34,318
Transfer from Insurance Stabilization 505,937 0
Fund Totals 1,121,921 1,156,239
Budget Summary
Items
Carry Forward to Next Year 1,121,921 1,156,239
Fund Totals 1,121,921 1,156,239
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
Page 62
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 11
ELECTRIC UTILITY DEPRECIATION RESERVE
SOURCES AND USES OF FUNDS FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Fifteen Million Nine Hundred Nine Thousand Four Hundred Sixty-Seven Dollars ($15,909,467)
or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of
the Municipal Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 14,995,831 15,445,706
Interest Earnings 449,875 463,761
Fund Totals 15,445,706 15,909,467
Budget Summary
Items
Current Year Balance 15,445,706 15,909,467
Fund Totals 15,445,706 15,909,467
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
2005-2006 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY FUTURE CAPACITY (RESTRICTED) FUND
SOURCES AND USES OF FUNDS FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Eight Million Six Hundred Eighty Thousand Nineteen Dollars ($8,680,019) or so much as may
be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 8,181,750 8,427,203
Interest Earnings 245,453 252,816
Fund Totals 8,427,203 8,680,019
Budget Summary
Items
Current Year Balance 8,427,203 8,680,019
Fund Totals 8,427,203 8,680,019
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
Page 63
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 12
ELECTRIC UTILITY INSURANCE STABILIZATION FUND
SOURCES AND USES OF FUNDS FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Hundred Forty-Two Thousand Five Hundred Eight Dollars ($242,508) or so much as may
be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Source of Funds 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 720,069 235,508
Interest Earnings 21,376 7,000
Fund Totals 741,445 242,508
Budget Summary
Items
Transfer to Electric Revenue Contingency 505,937 0
Current Year Balance 235,508 242,508
Fund Totals 741,445 242,508
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
ELECTRIC UTILITY RATE STABILIZATION FUND
SOURCES AND USES OF FUNDS FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Million Five Hundred Sixty-Five Thousand Eight Hundred Fifty Dollars ($2,565,850) or so
much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the
Municipal Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 493,178 2,491,165
Receipt from Electric Revenue Fund 1,072,405 0
Receipt from Electric I & E Fund 910,824 0
Interest Earnings 14,758 74,685
Fund Totals 2,491,165 2,565,850
Budget Summary
Items
Current Year Balance 2,491,165 2,565,850
Fund Totals 2,491,165 2,565,850
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
Page 64
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 13
2005-2006 BUDGET ORDINANCES - CONTINUED
WORKERS COMPENSATION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Million Two Hundred Eighty-Five Thousand One Hundred Eighty Dollars ($1,285,180) or
so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the
Municipal Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Cash Receipt Estimates 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 646,033 739,964
Interest Income 11,400 11,000
Premium from City 499,301 534,216
Transfer from General 16,000 0
Transfer from Electric 8,000 0
Fund Totals 1,180,734 1,285,180
Expense Summary
Items
Program Expenses/Supplies 300,000 400,000
Insurance 109,520 115,000
Contractual Services 31,250 28,000
Total Expenses 440,770 543,000
Current Year Balance 739,964 742,180
Fund Totals 1,180,734 1,285,180
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
Page 65
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 14
TRANSPORTATION ENHANCEMENT GRANT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Zero Dollars ($0) or so much as may be necessary are hereby appropriated from current
revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2005, and
ending June 30, 2006:
Source of Funds 2004-2005 2005-2006
Revised Budget
Items
Grants Revenue 36,790 0
Fund Totals 36,790 0
Budget Summary
Items
Timothy Hanson House 36,790 0
Total Expenses 36,790 0
Fund Totals 36,790 0
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
COMMUNITY TRANSPORTATION IMPROVEMENT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Nine Hundred Nine Thousand Seventy-Five Dollars ($909,075) or so much as may be
necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal
Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Source of Funds 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 280,575 159,075
Grants Revenue 631,743 500,000
Transfer from General Fund 350,000 250,000
Interest Income 3,500 0
Fund Totals 1,265,818 909,075
Budget Summary
Items
Program Expenses 1,106,743 909,075
Current Year Balance 159,075 0
Fund Totals 1,265,818 909,075
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
Page 66
First Reading - 2006 Budget Ordinances
June 13, 2005 Page 15
2005-2006 BUDGET ORDINANCES - CONTINUED
POST-RETIREMENT BENEFIT RESERVE FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2005-2006
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Million Seven Hundred Thirty-Seven Thousand Five Hundred Sixty-Seven Dollars
($2,737,567) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several
departments of the Municipal Government for the fiscal year beginning July 1, 2005, and ending June 30, 2006:
Source of Funds 2004-2005 2005-2006
Revised Budget
Items
Prior Year Balance 1,423,854 2,366,570
Interest Income 42,716 70,997
Transfer from General Fund 600,000 150,000
Transfer from Water/Wastewater 100,000 50,000
Transfer from Electric 200,000 100,000
Fund Totals 2,366,570 2,737,567
Budget Summary
Items
Current Year Balance 2,366,570 2,737,567
Fund Totals 2,366,570 2,737,567
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent
of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City
Procedure #F306 and/or #F306ADD.
Page 67
BE IT ORDAINED BY THE M AYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL M ET:
That the Pay for Perform ance Calculation W orksheet hereinafter is hereby adopted for the Fiscal Year
Beginning July 1, 2005 and ending June 30, 2006:
OVERALL SCORE ADJUSTM ENT
Em ployee Em ployee Em ployee Em ployee
FROM TO Below At Above Above
M arket M arket M arket M aximum
Unsatisfactory 10 15 0 0 0 0
Needs Improvement 16 25 0 0 0 0
Good 26 35 6.50% 3.50% 3.00% 2.50%
Commendable 36 45 7.00% 4.00% 3.50% 3.00%
Outstanding 46 50 7.50% 4.50% 4.00% 3.50%
ADOPTED: *
C:\Documents and Settings\firmcmst\Local Settings\Temporary Internet Files\OLK3CE\PFP Salary Calculation Worksheet.wpd
Page 68
FIRST READING
DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
CASH RECEIPTS BUDGET FOR 2005-06
BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE
ADMINISTERED THROUGH MAIN STREET, INC.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
1. The amount hereinafter named aggregating Fifty thousand, two hundred and sixty-five
dollars ($50,265) or so much thereof as may be necessary are hereby appropriated from
current revenues and other funds for the use by the City of Dover/Main Street, Inc. for the
fiscal year beginning July 1, 2005, and ending June 30, 2006:
REVENUE PROPOSED
Tax Revenue $50,265
EXPENSES
Salary and Personnel Costs $50,265
Page 1 of 1
Page 69
FIRST READING
ORDINANCE NO.
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE
CITY OF DOVER DELAWARE; PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A
PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
IN COUNCIL MET:
Section 1. The Code entitled "Code of Ordinances, City of Dover, Delaware," published by
Municipal Code Corporation, consisting of chapters 1 through 118, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before March 14,
2005, and not included in the Code or recognized and continued in force by reference therein, are
repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this
ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a
violation of any provision of the Code or any ordinance of the city shall be punished by a fine of not
less than $25.00 nor more than $1,000.00. Each act of violation and each day upon which any such
violation shall continue or occur shall constitute a separate offense. The penalty provided by this
section, unless another penalty is expressly provided, shall apply to the amendment of any Code
section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief and revocation of licenses or permits.
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Section 5. Additions or amendments to the Code when passed in such form as to indicate
the intention of the city council to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after March 14, 2005, that amend or refer to ordinances that
have been codified in the Code shall be construed as if they amend or refer to like provisions of the
Code.
Section 7. This ordinance shall before effective
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Passed and adopted by the city council this day of , .
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Mayor
ATTEST:
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City Clerk