ANNUAL COUNCIL MEETING REVISED A G E N D A

ANNUAL COUNCIL MEETINGREVISED

A G E N D A

May 9, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover

INVOCATION REVEREND P. WAYNE ZSCHECH

PLEDGE OF ALLEGIANCE

AGENDA ADDITIONS/DELETIONS

* CONSENT AGENDAThose items on the Council Agenda which are considered routine and non-controversial shall be markedwith an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be noseparate discussion of these items unless a member of Council so requests, in which event the matter shallbe removed from the Consent Agenda and considered a separate item.

1. Adoption of Minutes - Regular Council Meeting of April 25, 2005

2. Oaths of Office - Administered by The Honorable Henry DuPont Ridgely - Justice, Supreme Court

Council - At-Large - Carleton E. Carey, Sr.Council - First District - Kenneth L. HoganCouncil - Second District - Eugene B. RuaneCouncil - Third District - Robert G. Ritter, Jr.Council - Fourth District - Reuben Salters

3. Election of Council President/Vice-Mayor

4. Recess (for photographs) - Mayor and Council

5. State of the City Message - Mayor Stephen R. Speed

* 6. Utility Committee Report - April 25, 2005 A. Water Master Plan

* 7. Parks, Recreation, and Community Enhancement Committee Report - April 26, 2005 A. Open Space/Recreation Plan - Chestnut Grove

* 8. Safety Advisory and Transportation Committee Report - April 27, 2005 A. Traffic Signal Timing and DelTrac System - Report by Traffic Management Center

B. DART Bus Stop - Wild MeadowsC. Updates - DelDOT Projects

c-1. College Road Corridor Upgradec-2. Crawford Carroll Drivec-3. West Dover Connectorc-4. Walker Road Project Construction

D. Poor Drainage on Whiteoak Road - Entrance to Oak Shadow (Simpson Log Homes)E. Discussion - Requirement for Fencing - Stormwater Retention Ponds (Mr. Simmons and Mr. Carey)F. 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 MotorHome Parking

Annual Council AgendaMay 9, 2005 Page 2

* 9. Special Legislative, Finance, and Administration Committee Report - May 2, 2005A. Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for

Senior Citizens (See Item #14)

10. Council Appointments - 2005/2006 A. City Solicitor B. Deputy City Solicitor C. Fire Marshal D. Treasurer/Finance Director E. City Clerk/Alderman F. Assistant City Clerk/Deputy Alderman G. Assistant Treasurers

11. Committee Appointments - Council A. Legislative, Finance, and Administration Committee

B. Parks, Recreation, and Community Enhancement CommitteeC. Safety Advisory and Transportation CommitteeD. Utility CommitteeE. Civilian Pension BoardF. Construction Code Board of AppealsG. Police Pension Board

12. Miscellaneous Appointments - Council President A. Chamber of Commerce & Greater Dover Committee Liaison Members B. City/County Liaison Committee

C. Kent County Tourism

13. Committee Appointments - MayorA. Dover 4 of July Celebration Committeeth

B. Dover Public Library Advisory CommissionC. Downtown Dover Development CorporationD. Election BoardE. Housing Code Board of Appeals

14. First Reading - Proposed OrdinancesThe First Reading is offered on the following proposed ordinances. Final action by Council willtake place during the Second Reading of the ordinances on May 23, 2005. Copies of allproposed ordinances are available at the entrance of the Council Chambers or can be obtainedfrom the City Clerk's Office.

PROPOSED ORDINANCE AMENDMENT - CHAPTER 19.5 - TAXATION, SECTION 19.5-52 -TAX EXEMPTION FOR SENIOR CITIZENS (Legislative, Finance, and Administration Committee)

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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGETO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on April 25, 2005 at 7:30 p.m. with Council PresidentWilliams 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 Major Taraila , Mrs. Mitchell, Mr. Galvin, Deputy Fire ChiefOsika, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.

OPEN FORUMThe 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 thatCouncil is not in official session and cannot take formal action.

Mr. Frank Wolfe, 108 Blue Beach Drive, expressed appreciation for the beautiful flower bedsthroughout the City. He advised members of a concern regarding the railroad and providedphotographs depicting the neglect of these areas by the Railroad. The areas of concern are two (2)bridges over Puncheon Run, one located over New Burton Road and the other being the RailroadBridge. Mr. Wolfe stated that there seems to be an encroachment issue with the railroad and NewBurton Road. In addition to litter, he noted that there are abandoned railroad ties and rails. His mainconcern is with safety, explaining that railroad tank cars (LPG) are left on the bridge for long periodsof time near combustible materials. Mr. Wolfe requested the City to contact the railroad companyto resolve these concerns.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONSDue to the absence of the City Assessor, Mr. Ruane requested the deletion of item #7, RetirementResolution - Jerome Cooper, City Assessor. Since the Replacement of Heating and Cooling Unitsfor the Dover Parks and Recreation Building was considered by Council during their last meeting,Mr. Ruane requested the deletion of item #10, Legislative, Finance, and Administration CommitteeReport of April 11, 2005. Mr. Carey requested the addition of item #11B, Evaluation ofDesign/Build Proposals - St. Jones River Pedestrian Bridge Replacement.

Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Salters andunanimously carried.

Mr. Salters moved for approval of the consent agenda, seconded by Mr. Carey and carried bya unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 11, 2005The Minutes of the Regular Council Meeting of April 11, 2005 were unanimously approvedby motion of Mr. Salters, seconded by Mr. Carey and bore the written approval ofMayor Speed.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 2

PROCLAMATION - ARBOR DAYThe following Proclamation was read into the record by Mayor Speed and presented to Mr. Cooper,Grounds Superintendent:

WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting oftrees and to recognize the importance of trees in our lives; and

WHEREAS, this special day, called Arbor Day, is now observed throughout the nation and theworld; and

WHEREAS, the City of Dover was once again named a Tree City USA in 2004 for the sixteenthconsecutive year by the National Arbor Day Foundation; and

WHEREAS, to become a Tree City USA, a community must meet four standards: have a tree boardor department, have a tree ordinance, have a comprehensive community forestry program, andconduct an Arbor Day observance; and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heatingand cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat forwildlife; and

WHEREAS, trees in our City increase property values, expand the economic vitality of businessareas, enhance the beauty of our community; and

WHERAS, Dover’s tree planting program is a living memorial to our citizens’ concerns for thequality of life.

NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do herebyproclaim April 29, 2005, as ARBOR DAY in the City of Dover, and urge all citizens to support theefforts to care for our trees and woodlands.

JEWISH LITERATURE GRANT PRESENTATIONMs. Sheila Anderson, Library Director, advised members that the Dover Public Library was awardeda $1,500 grant from Nextbook and the American Library Association to administer five bookdiscussion sessions in the fall of 2005. Nextbook is an organization committed to educating thepublic about Jewish culture and the American Library Association is the oldest library associationin the world. The Dover Public Library was one of 35 libraries nationwide to be awarded the grant.The book discussions will be lead by local scholar Dr. Edith Mroz, who taught at Delaware StateUniversity and Wesley College. Dr. Mroz leads book discussions throughout the DelmarvaPeninsula. The book discussions will begin on September 6 at 2:00 p.m. and will be held everyth

other Tuesday through November 1 .st

Mrs. Anderson and Dr. Mroz distributed a pamphlet to members which contained informationregarding the reading and discussion series, as well as a matching bookmark.


CERTIFICATE OF RECOGNITION - 30 YEAR ANNIVERSARY - DOVER POSTThe following Certificate of Recognition was read into the record by Mayor Speed and presentedto Mr. and Mrs. Flood:

WHEREAS, in 1969 Jim Flood Sr., part-owner of the Delaware Coast Press and several other beachpublications, feeling that there was room for another paper in Dover pulled together about a dozeninvestors and founded the Dover Post; and

WHEREAS, the first issue of the Dover Post went to area newsstands on April 30, 1975; and

WHEREAS, in the early 1980’s the Flood family bought out the investors, expanded into a secondbuilding to house the newly purchased Heidelberg Harris Web Press; and

WHEREAS, in 1975 the Post’s press run was about 2,000 and today more than 30,000 papers areprinted with the majority delivered free every Wednesday to driveways and doorsteps inneighborhoods all across Kent County; and

WHEREAS, the practice of free delivery started less than a year after the paper was founded withMary Flood being among the first delivery persons along with local children; and

WHEREAS, the Dover Post has always featured community news including local events, localchildren being honored along with education, arts, sports and classifieds; and

WHEREAS, the Post’s newspaper family has grown to include several sister papers including theSmyrna/Clayton Sun Times, the Middletown Transcript, and the Milford Beacon.

NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER,DELAWARE do hereby present this certificate to the Dover Post in recognition of its 30th

Anniversary and urge all citizens to acknowledge the commitment made by the Flood family toprovide our community with quality journalism and several outstanding publications.

BONUS AWARDS - BREATHE PROGRAM AWARDS - SMOKING CESSATIONMr. DePrima, City Manager, advised members of employees that have recently participated in theCity’s new Breathe Program (Smoking Cessation) and, as a result of being “smoke free” for three(3) months, awarded the following employees with frozen turkeys:

> Ron Coburn, Department of Planning and Inspections> Tim Taraila, Department of Planning and Inspections> Scott Jones, Electric Department

Mr. DePrima stated that Linda Sherman of the Central Services Department is also a recipient of thisaward; however, she was not able to attend this meeting. It is his hope that these accomplishmentswill benefit others in making a decision to improve their health.


PRESENTATION OF CERTIFICATION - TRACI A. MCDOWELL, CERTIFIEDMUNICIPAL CLERKMayor Speed, along with Mr. Green, City Clerk, presented the Certified Municipal Clerk Certificateto Mrs. Traci McDowell, Assistant City Clerk, which has been awarded by the International Instituteof Municipal Clerks, Inc.

Not being familiar with other certificate requirements, Mrs. Green explained that becoming aCertified Municipal Clerk is granted only to those municipal clerks who complete demandingeducational requirements and who have a record of significant contributions to their localgovernment, their community, and state. Considering the speed and drastic nature of change thesedays, lifelong learning is not only desirable, it is necessary for all in local government to keep pacewith the growing demands and changing needs of the citizens that we serve. Mrs. Greencommended Mrs. McDowell with her educational accomplishments and achievement of earning thedesignation of Certified Municipal Clerk.

PUBLIC HEARING - RECONSIDERATION OF REZONINGS - ONE YEAR LIMITATIONEXPIRATIONIn accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started ora satisfactory explanation for the failure to commence construction has not been received within oneyear from the effective date of the amendment to the zoning map, an amendment to rezone the landto its prior classification shall be automatically placed on the agenda to be reconsidered by CityCouncil.

135 S. Kirkwood Street - Robert M. DuncanMembers were reminded that during their Regular Meeting of February 9, 2004, City Councilapproved the rezoning of property located at 135 S. Kirkwood Street, owned by Robert M. Duncan,from RG-1 (General Residence) to C-2 (Central Commercial).

A letter has been received from Mr. Duncan requesting an extension of the C-2 zoning classification.Mr. Duncan advised members that the construction of the parking lot on Kirkwood Street has beendelayed due to pending approval by Kent Conservation, which he has been advised is forthcoming.

Staff recommended approval of the extension of the rezoning for property located at 135S. Kirkwood Street for an additional year.

Council President Williams declared the public hearing open. There being no one present wishingto speak, Council President Williams declared the public hearing closed.

Mr. Salters moved for approval of the extension of the rezoning for property located at 135S. Kirkwood Street for an additional year. The motion was seconded by Mr. Carey andcarried by a unanimous roll call vote.

114 and 118 S. Kirkwood Street - Robert M. DuncanMembers were reminded that during their Regular Meeting of March 8, 2004, City Councilapproved the rezoning of properties located at 114 and 118 S. Kirkwood Street, owned by RobertM. Duncan, from RG-1 (General Residence) to C-2 (Central Commercial).


A letter has been received from Mr. Duncan requesting an extension of the C-2 zoning classification.He indicated that the building permits for the warehouse/apartment have been in progress for overa year and assured members that it is his intention to proceed with the project as soon as the buildingpermits are issued.

Staff recommended approval of the extension of the rezoning for properties located at 114 and 118S. Kirkwood Street for an additional year.


Mr. Carey moved for approval of the extension of the rezoning for property located at 114 and118 S. Kirkwood Street for an additional year. The motion was seconded by Mr. Sadusky andcarried by a unanimous roll call vote.

Mr. Salters stated that there is a litter problem in this area near the church and that it must be cleanedup before services every Sunday morning. He requested that staff contact Mr. Duncan and advisehim of this issue so that it may be resolved.

1001 West Forrest Avenue - William and Eleanor Paradee, 40 Saulsbury Road - RiverviewAssociates, LLC, 1017 Forrest Avenue - L.D. Shank, III, and 1035 Forrest Avenue - DoverElks Lodge #1903Members were reminded that during their Regular Meeting of March 8, 2004, City Councilapproved the rezoning of properties located at 1001 West Forrest Avenue, previously owned byWilliam and Eleanor Paradee and zoned C-3 (Central Commercial); a portion of 40 Saulsbury Road,previously owned by Riverview Associates, LLC and zoned C-3; a portion of 1017 Forrest Avenue,previously owned by L.D. Shank, III and zoned I-O (Institutional and Office); and a portion of1035Forrest Avenue, previously owned by Dover Elks Lodge #1903 and zoned I-O. These propertiesare currently zoned C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay Zone 1).Dover-Forrest, L.L.C. acquired the property located at 1001 West Forrest Avenue on October 15,2004 and remains the equitable owner of the remaining parcels.

A letter has been received from Mr. Philip Sanders of DRS Development requesting an extensionof the C-2A and COZ-1 zoning classifications. He indicated that on March 4, 2005, the full civilengineering plans were submitted to the City for their review and that the Planning Commissionapproved the construction of a 14,820 square foot Walgreens Pharmacy on April 18, 2005.Mr. Sanders indicated that the entitlement phase of this project is nearing completion and thatgroundbreaking is anticipated in June or July 2005.

Staff recommended approval of the extension of the rezoning for properties located at 1001 WestForrest Avenue, a portion of 40 Saulsbury Road, a portion of 1017 Forrest Avenue, and a portionof 1035 Forrest Avenue for an additional year.



Mr. Salters moved for approval of the extension of the rezoning for property located at 1001West Forrest Avenue, a portion of 40 Saulsbury Road, a portion of 1017 Forrest Avenue, anda portion of 1035 Forrest Avenue. The motion was seconded by Mr. Pitts and carried by aunanimous roll call vote.

Route 13, Adjacent to Cedar Chase Drive - Bramble Charitable FoundationMembers were reminded that during their Regular Meeting of April 12, 2005, City Councilapproved the rezoning of property located on Route 13, adjacent to Cedar Chase Drive, from RG-2(General Residence) to C-4 (Highway Commercial), owned by Bramble Charitable Foundation.

A letter has been received from Mr. Marcel Mileo of Dawood Associates, Inc., Project Manager,requesting an extension of the C-4 zoning classification. He explained that the initial meeting withthe Planning Department was held in August 2004, at which time more information regarding treemitigation, wetlands, and other issues were requested prior to having the required Pre-ApplicationMeeting. The Pre-Application Meeting was held in January 2005, and subsequently a PLUSmeeting was held in March 2005. Due to a possible issue involving the existence of wetlands onthis site, a Well Monitoring Study has been requested to determine if underground detention wasfeasible, which is preferred to save trees. The Study is scheduled to take place in the Spring.Members were assured that all involved parties are still very excited and wish to proceed with theproject. It is anticipated that plans will be submitted to the City in May or June 2005, with a goalto build an attractive high-end hotel to improve the quality of life and infrastructure of the City ofDover.

Staff recommended approval of the extension of the rezoning for property located on Route 13,adjacent to Cedar Chase Drive for an additional year.


Mr. Carey moved for approval of the extension of the rezoning for property located onRoute 13, adjacent to cedar Chase Drive for an additional year. The motion was seconded byMr. Sadusky and carried by a unanimous roll call vote.

CITY MANAGER REPORT - EXISTING AND POTENTIAL PUBLIC EMERGENCYNOTIFICATION SYSTEMSDuring their meeting of December 13, 2004, City Council directed staff to provide a report thatoutlines and describes the best and most effective uses of various public notification systems. Asdirected, Mr. DePrima, City Manager, submitted a report outlining the existing and potential publicemergency notification systems for the City of Dover (as on file in the Office of the City Clerk). Thereport contained details regarding the existing notification systems, as follows: Reverse 911 -Delaware Emergency Notification System; America’s Missing Broadcast Emergency Response(AMBER) Alert; Sexual Offender Notification - Megan’s Law; and Electric Outage Notification.The report also contained details regarding the potential systems for the City, as follows: Reverse911 - City Owned; Door-to-Door Notification; E-Mail Notification; and Portable ElectronicMessage Sign Notification.


Mr. Slavin relayed appreciation for the report and requested that, during budget review, memberssupport inclusion of such notification systems for the City of Dover in an effort to provide additionalsafety measures for our citizens.

No further action was taken at this time.

UTILITY COMMITTEE REPORT - APRIL 11, 2005The Utility Committee met on April 11, 2005 with Chairman Carey presiding.

Differential Disposal Fee Agreement - Delaware Solid Waste AuthorityMembers were advised that on August 31, 2001, the City of Dover entered into a formal agreementknown as the Differential Disposal Fees Agreement, with the Delaware Solid Waste Authority. Thisagreement set the disposal rate for municipal solid waste at $58.50 per ton and the bulk or dry wasterate at $40.00 per ton. The current agreement expires on June 30, 2005.

The proposed agreement covers the period from July 1, 2005 through June 30, 2010 and sets thesolid waste rate at $61.50 per ton and the bulk or dry waste rate at $42.00 per ton (maximum) forthe duration of the agreement. Based on the current solid waste tonnage projections of 21,900 tons,it is anticipated to impact the sanitation budget in the amount of $62,666.50 (increase).Mr. DePrima stated that the trash fee and rebates should cover the City’s landfill fees. He indicatedthat no other considerations have been given for off-setting the additional costs and that it isanticipated that a trash fee increase will be necessary.

In response to members concerns during the committee meeting, Mr. DePrima stated that he wouldcontact the Delaware Solid Waste Authority to determine what affect recycling would have on theagreement and if they would be agreeable to including a clause to allow for reconsideration of theagreement should recycling legislation be enacted. This information could be obtained prior to thenext Council meeting when the Agreement is scheduled to be presented to members for finalapproval.

The committee recommended forwarding the Differential Disposal Fee Agreement with theDelaware Solid Waste Authority to Council for approval with the understanding that the CityManager will determine what, if any, affect the recycling legislation would have on the agreementand the possibility of the agreement including an “opener clause” to allow negotiations of costsshould the recycling legislation be enacted.

Mr. DePrima reported that he met with Mr. Houska, Chief of Administration at the Delaware SolidWaste Authority, to discuss the impact of mandatory curbside recycling on the proposed contract,and provided a summary of the comments made by Mr. Houska, as follows:

1. The contract is independent of any mandatory curbside recycling programs that would

be enacted. Cost in the tipping fee associated with the existing recycling program would

remain.

2. Some of the recycling cost and programs included in the tipping fee, specifically as they

pertain to electronic goods, batteries and oil, would remain.


3. Cost now associated with funding the recycling igloos would be shifted to operating the

recycling facility, if one is ever built by the DSWA.

4. The DSWA is not willing to include any openers in the proposed contract. The City of

Dover is the last municipality to sign the agreement.

Mr. Carey moved to authorize the City Manager to execute the Differential Disposal FeeAgreement with the Delaware Solid Waste Authority to provide municipal solid waste disposalservices for the City of Dover from July 1, 2005 through June 30, 2010 at the rates as set forthin the agreement. The motion was seconded by Sadusky and carried by a unanimous roll callvote.

Evaluation of Design/Build Proposals - St. Jones River Pedestrian Bridge ReplacementDuring the committee meeting held earlier in the evening, members were provided informationregarding the design/build cost proposals solicited by the Department of Public Works to replacean existing pedestrian bridge which crosses the St. Jones River immediately south of the Silver LakeDam. The intent of this project is to replace an existing wooden pedestrian bridge with a pre-fabricated metal bridge and associated concrete approaches to facilitate the crossing of the river andmeet all ADA accessibility issues.

Staff recommended awarding the contract for the St. Jones River Pedestrian Bridge Replacementto the low bidder, George & Lynch, Inc., in the amount of $135,000 and that staff be authorized totransfer $15,000 from the Richardson Park Fence Replacement Project to cover the fundingshortfall. During the committee meeting, several members relayed concern with delaying the Richardson ParkFence Replacement Project and urged staff to obtain the necessary funding to complete the project.

The committee recommended approval of staff’s recommendation.

Mr. Carey moved to award the contract for the St. Jones River Pedestrian BridgeReplacement to the low bidder, George & Lynch, Inc., in the amount of $135,000 andauthorize staff to transfer $15,000 from the Richardson Park Fence Replacement Project tocover the funding shortfall. The motion was seconded by Mr. Sadusky and carried by aunanimous roll call vote.

Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Pitts andunanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -APRIL 12, 2005The Parks, Recreation, and Community Enhancement Committee met on April 12, 2005 withChairman Pitts presiding.

Open Space/Recreation Plan - College Road Garden ApartmentsIn accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residentialdevelopments shall provide recreational areas in a size equal to 275 square feet per dwelling unit,or one-half acre of land, whichever is greater. However, in no case shall the City require more than


10% of the gross area of the development be so dedicated or reserved when the gross area is greaterthan five (5) acres.

College Road Garden Apartments consists of approximately 4.51+/- acres of land, situated on thenorth side of College Road, west of the McKee Road intersection. Mr. Eric Sturm, PennoniAssociates Inc., presented the Active Recreation Plan for College Road Garden Apartments

Staff recommended approval of the Open Space/Recreation Plan with the following:

1. Increase width of center court concrete walking paths to a width of six (6)feet.

2. Provide seating within the gazebo.

3. Provide sidewalk and marked cross walk from center court walking path tothe west sidewalk of the Topaz Circle Stub Street.

4. Provide continuation of the sidewalk from the main entrance of the eastbuilding traveling to the north to connect to the sidewalk segment, acrossdrive aisle, and connect to perimeter walking path.

5. Smooth (round) corner turn transitions at the northwest and northeast cornersof the perimeter walking path.

6. The applicant should be aware of the requirements for construction phasingof the recreation area as associated with the development of the residentialunits, as follows:

Article 5 §10.6 Construction Phasing. The recreation and open

space areas shall be completed in a proportion equal to or greater

than the proportion of residential dwelling units completed, except

that one hundred (100) percent of the recreation and open space

areas shall be completed prior to issuing building permits for the

final twenty (20) percent of the dwelling units proposed. Building

permits shall not be issued for dwelling units unless the

requirements of this section are met.

7. There shall be provisions which insure that the common open space landincluding the active recreation areas shall continue as such and be properlymanaged and maintained. These provisions shall be in a form acceptable tothe City of Dover. The developer shall either retain ownership andresponsibility for maintenance of such open land; or provide for and establishone (1) or more organizations for the ownership and maintenance of allcommon open space i.e. a Homeowners Association. The organization shallbe responsible for maintenance, insurance and taxes on common open spaceand recreation facilities.


The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation,seconded by Mr. Carey and carried by a unanimous roll call vote.

By consent agenda, Mr. Salters moved for acceptance of the Parks, Recreation, andCommunity Enhancement Committee Report, seconded by Mr. Carey and carried by aunanimous roll call vote.

MONTHLY REPORTS - MARCH 2005By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports wereaccepted by consent agenda:

Budget ReportChief of Police ReportCity Clerk/Alderman Report (Fines)City Manager's ReportMayor's ReportPlanning and Inspections ReportRobbins Hose Company No. 1 Report

CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANYMembers reviewed the Semi-Annual Robbins Hose Company Inspection Report by the CityManager, Mr. DePrima. The inspection is required in accordance with Section 7-18 of the DoverCode.

By consent agenda, Mr. Salters moved for acceptance of the City Manager’s Semi-AnnualInspection of the Robbins Hose Company. The motion was seconded by Mr. Carey andcarried by a unanimous roll call vote.

ELECTION RESULTS - 2005 MUNICIPAL ELECTIONMrs. Green, City Clerk/Alderman, reported the results of the 2005 Municipal Election held onApril 19, 2005, as follows:

TOTAL VOTES CAST - 2,040TOTAL REGISTERED VOTERS - 19,151

FIRST DISTRICT COUNCIL

Kenneth L. Hogan 362David A. Lewis, Jr. 145

Total District Votes Cast 507Total Registered Voters 5,630Voting Percentage 9%

SECOND DISTRICT COUNCIL

Eugene B. Ruane 479Richard D. Senato 190



THIRD DISTRICT COUNCIL

Javan Davis 43Robert G. Ritter, Jr. 611


FOURTH DISTRICT COUNCIL

Sophia R. Russell 72Reuben Salters 138


In accordance with Title 15 Del.C. §7502, when there is only one official candidate for each office,the official candidate may assume office without the holding of a formal election. Therefore, sincethe At-Large position was unopposed, the following will be sworn into office for a two (2) yearterm:

AT-LARGE COUNCILCarleton E. Carey, Sr.

Mr. Slavin moved for approval of the Election Results as reported by the CityClerk/Alderman, seconded by Mr. Salters and unanimously carried.

SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OFASSESSMENT APPEALS COMMITTEEAs a result of the recent reassessment of property, it is anticipated that there will be numerousproperty assessment appeals received. To be prepared, Assistant City Assessor Russell requestedthat the 2005 Property Assessment Appeals be scheduled for May 16, 2005 through June 3, 2005,between the hours of 9:00 a.m. and 5:00 p.m. She assured members that the scheduling of theappeals will be done in a coordinated effort with the City Clerk’s Office.

Council President Williams requested that Mr. Salters, Mr. Sadusky, and Mr. Ruane, be appointedto the Assessment Appeals Committee, with Mr. Pitts serving as an alternate.

Mr. Carey moved for approval of the appointment of the assessment appeals committee asrecommended by Council President Williams. The motion was seconded by Mr. Hogan andunanimously carried.

APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION(RECOMMENDED BY MAYOR SPEED)Mayor Speed recommended the following appointments to the Downtown Dover DevelopmentCorporation for three (3) year terms, as follows:

Ms. Arden Bardol, Private Citizen Representative (reappointment)

Mr. James McGinnis, Private Citizen Representative (to fill expired term of Ms. S. Renee Smith)

Mr. Ed Perez, Business Representative (reappointment)


COUNCIL MEMBERS COMMENTSMr. Hogan advised members that out of town guests had talked with Miss McCabe “Miss Jackie”at the Dover Public Library and that they were very impressed. He requested that the complimentbe relayed to the Library Director, Ms. Anderson, and Miss McCabe. Mr. Hogan also apologizedfor his demeanor during the previous Council Meeting.

Mr. Slavin relayed appreciation for the response received from the Police and Fire Departments toa recent fire alarm at the Biggs Museum.

Each of those elected during the Municipal Election held on April 19th relayed their appreciationto the voters for participating in this year’s election.

Mr. Slavin moved for adjournment, seconded by Mr. Hogan and unanimously carried.

Meeting Adjourned at 8:57 P.M.

JANICE C. GREENCITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting ofApril 25, 2005, are hereby approved.

STEPHEN R. SPEEDMAYOR

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UTILITY COMMITTEE

The Utility Committee Meeting was held on April 25, 2005, at 5:30 p.m. with Chairman Careypresiding. Members present were Mr. Ruane, Mr. Sadusky, Mr. Cregar, and Mr. Snaman. Membersof Council present were Mr. Slavin, Mr. Ritter, Mr. Hogan (arrived at 6:12 p.m.), Mr. Salters (arrived at

6:26 p.m.), and Council President Williams (arrived at 5:54 p.m.). Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMr. Sadusky moved for approval of the agenda, seconded by Mr. Snaman and unanimouslycarried.

Evaluation of Design/Build Proposals - St. Jones River Pedestrian Bridge ReplacementMembers were provided information regarding the design/build cost proposals solicited by theDepartment of Public Works to replace an existing pedestrian bridge which crosses the St. JonesRiver immediately south of the Silver Lake Dam. The intent of this project is to replace an existingwooden pedestrian bridge with a pre-fabricated metal bridge and associated concrete approaches tofacilitate the crossing of the river and to meet all ADA accessibility issues.

The low bid was received from George & Lynch, Inc. in the amount of $135,000. The amountbudgeted for this project was $117,000. Staff re-evaluated the need for a new fence in RichardsonPark, located on the northwest corner of the intersection of Walker Road and North State Street, andfelt that the bridge project should be given a higher funding priority at this time; therefore, staffrecommended that $15,000 be transferred from the Richardson Park Fence Replacement Project forthe St. Jones River Pedestrian Bridge Replacement. It was noted that the remaining $3,000 in fundswould be made up from interest earnings in the grant fund.

Staff recommended awarding the contract for the St. Jones River Pedestrian Bridge Replacement tothe low bidder, George & Lynch, Inc., in the amount of $135,000 and that staff be authorized totransfer $15,000 from the Richardson Park Fence Replacement Project to cover the funding shortfall.Due to time constraints, staff requested that this matter be considered during the Council Meetinglater this evening for final approval.

Several members relayed concern with delaying the Richardson Park Fence Replacement Project andurged staff to obtain the necessary funding to complete the project.

Mr. Ruane moved to recommend approval of staff’s recommendation and that this matter beforwarded to Council later this evening for final approval, seconded by Mr. Sadusky andunanimously carried.

Water System Master PlanMr. Koenig, Director of Public Works, introduced Mr. Andrew Cooper with Whitman, Requardt andAssociates, and gave a Power Point Presentation on the Water System Master Plan (Attachment #1).He noted that this presentation is the second of a series and that the information will be used for theCapital Investments Plan and for budgetary purposes.

UTILITY COMMITTEE MEETINGOF APRIL 25, 2005 PAGE 2

Mr. DePrima explained that due to the complexity of the issues involved, although staff has budgetedfunds for upgrades, the exact uses will not be known until the completed study is received. Herequested that members realize that the Plan addresses issues that will not be considered anytime inthe near future.

There was no further action taken.

Mr. Ruane moved to recess into executive session to discuss legal matters, seconded byMr. Snaman and unanimously carried.

Meeting Recessed at 6:27 P.M. and Reconvened at 7:21 P.M.

Mr. Snaman moved for adjournment, seconded by Mr. Cregar and unanimously carried.


Respectfully submitted,

Carleton E. Carey, Sr.Chairman

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Attachments (to Original Minutes and File Copy)

Attachment #1 - Water System Master Plan Presentation

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT

The Parks, Recreation, and Community Enhancement Committee meeting was held onApril 26, 2005, at 12:03 p.m. with Chairman Pitts presiding. Members present were Mr. Ruane,Mr. Hogan, and Mr. Truitt. Mr. Anderson was absent.

AGENDA ADDITIONS/DELETIONSMr. Hogan moved for approval of the agenda, seconded by Mr. Truitt and unanimouslycarried.

Open Space/Recreation Plan - Chestnut Grove FarmsIn accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residentialdevelopments shall provide recreational areas in a size equal to 275 square feet per dwelling unit,or one-half acre of land, whichever is greater. However, in no case shall the City require more than10% of the gross area of the development be so dedicated or reserved when the gross area is greaterthan five (5) acres. Chestnut Grove Farms consists of approximately 50.86 acres of land, situated+/-

on the south side of Chestnut Grove Road, west of Sweetgum Drive. Based on the number ofdwelling units proposed (189), this subdivision requires 1.19 acres of land for active open space.+/-

Ms. Dawn Melson of the Planning and Inspections Department presented the Active Recreation Planfor Chestnut Grove Farms, which proposes a total of two (2) recreation areas, all directly adjacentto the street or sidewalk. Included are a modular play system, walking path, welcome/safety sign,access ramp, and benches. The total investment for the above-mentioned items is $55,000.

Staff recommended approval of the Open Space/Recreation Plan with the following:

1. Changing the surface material of the Area 1 walking path to play structure to a hard surface material(i.e. concrete or bituminous).

2. Provide a hard surface path to access the first bench near the path west of the play structure in Area 1.

3. Consider relocation of several of the benches or proposed tree plantings in the vicinity of the playstructure to achieve placement of benches within shady areas.

4. Provide construction details for the walking path construction.

5. The open lawn areas should be established and maintained in conditions suitable for recreation andpedestrian use. These areas should be appropriately graded and seeded with turf grasses as necessary.

6. The applicant should be aware of the requirements for construction phasing of the recreation area asassociated with the development of the residential units.

Article 5 §10.6 Construction Phasing. The recreation and open space areas shall becompleted in a proportion equal to or greater than the proportion of residential dwellingunits completed, except that one hundred (100) percent of the recreation and open spaceareas shall be completed prior to issuing building permits for the final twenty (20) percentof the dwelling units proposed. Building permits shall not be issued for dwelling unitsunless the requirements of this section are met.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENTCOMMITTEE MEETING OF APRIL 26, 2005 PAGE 2

7. There shall be provisions which insure that the common open space land, including the active recreationareas, shall continue as such and be properly managed and maintained. These provisions shall be in aform acceptable to the City of Dover. The developer shall either retain ownership and responsibilityfor maintenance of such open land; or provide for and establish one (1) or more organizations for theownership and maintenance of all common open space, i.e. a Homeowners Association. Theorganization shall be responsible for maintenance, insurance, and taxes on common open space andrecreation facilities.

Mr. Tom Burns, representing the applicant, stated that they were in complete agreement with all ofstaff’s recommendations. He also noted that staff provided them with excellent guidance prior totheir submission.

Mr. Hogan suggested realigning the bottom portion of the walking path near lot 66 in order toprovide more open space in the area and to make it more accessible. Mr. Greg Scott of ScottEngineering stated that, although he intended to provide sufficient distance between the walking pathand the houses, he could realign the walkway as suggested.

Mr. Ruane re-emphasized that according to Article 5, Section 10.6 - Construction Phasing, therecreation and open space areas shall be completed in a proportion equal to or greater than theproportion of residential dwelling units completed, except that one hundred (100) percent of therecreation and open space areas shall be completed prior to issuing building permits for the finaltwenty (20) percent of the dwelling units proposed. Mr. DePrima advised members that he hasreceived complaints from citizens who did not realize that the play areas were to be owned by thehomeowners until after they purchased their properties. He suggested that the developer installsignage during the construction phase indicating that the open space and recreation areas would bemaintained by a homeowner’s association. Mr. Burns stated that he would include that informationwhen marketing the development.

Mr. Ruane moved to recommend approval of the Open Space/Recreation Plan for ChestnutGrove Farms, with the understanding that the applicant will incorporate the changesverbalized by the committee, as well as the staff recommendations contained in the report. Themotion was seconded by Mr. Hogan and unanimously carried.

Mr. Hogan moved for adjournment, seconded by Mr. Ruane and unanimously carried.



John W. PittsChairman

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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE

The Safety Advisory and Transportation Committee Meeting was held on April 27, 2005, at7:04 p.m. with Chairman Ritter presiding. Members present were Mr. Carey, Mr. Pitts, andMr. Lakeman. Mr. Simmons was absent. Members of Council present were Mr. Sadusky andMr. Ruane.

The invocation was given by Chairman Ritter, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONSMr. Carey moved for approval of the agenda, seconded by Mr. Lakeman and unanimouslycarried.

Poor Drainage on Whiteoak Road - Entrance to Oak Shadows (Simpson Log Homes)Mr. Ritter advised members that there has been an ongoing drainage problem at the Oak Shadowsdevelopment, located off of Whiteoak Road. He noted that the development is located within theCity; however, the drainage ditch, which, due to its elevation, is causing ponding on the road andresidential lots below it, is located outside of the City limits. Due to its location, there is someuncertainty as to whether the ditch is under the jurisdiction of Kent County government or KentConservation. Mr. Ritter also noted that the ponding is presenting a road hazzard.

Mr. Terry Sealund, 5 Meadowlark Lane, President of Oak Shadows, advised members that thepoor drainage has caused his wife to have asthma problems. He noted that the water backs upfrom the end of Mourning Dove Lane and Whiteoak Road and it sits three (3) to four (4) inchesdeep for months at a time. Mr. Sealund stated that the culvert is not graded toward the large taxditch near the bridge over Route 1. It was his feeling that re-grading would improve the situation.

Mr. Ritter stated that Mr. Vasuki Hirasaeve, Central District Engineer, had been to the site andindicated that the tax ditch needed to be cleaned out or a culvert needed to be installed past thehigh point on the ditch and then fill in the ditch. This would also provide a shoulder for the road.

Mr. Craig Burkett, 104 Mourning Dove Lane, stated that he has spoken with several peopleregarding the problem, including Kenneth Conway, an environment scientist with the Army Corpof Engineers. He noted that Mr. Conway visited his property and indicated that his property isdraining onto 102 Mourning Dove Lane. Mr. Burkett stated that the culvert on the City side ofWhiteoak Road are sometimes six (6) to eight (8) inches above the grade of the ditch with nodrainage. He stated that he currently has a foot of standing water in his yard. Mr. Burkettindicated that there were some environmental concerns with disturbing the ditch, since it runsthrough the salvage yard. Mr. DePrima, City Manager, recalled that the blockage was closer tothe road than the salvage yard.

Mr. Lakeman moved to recommend that the Mayor and Council President send a letter tothe State of Delaware, Kent County, and Kent Conservation, requesting them to evaluate thedrainage situation (Attachment #1). The motion was seconded by Mr. Carey and unanimouslycarried.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEEMEETING OF APRIL 27, 2005 PAGE 2

Traffic Signal Timing and DelTrac System - Report by Traffic Management CenterMr. Gary Laing, DelDOT Municipal Liaison, advised members that a recent report grading stateson their traffic management indicated that Delaware is addressing its traffic needs with the DelTracsystem. He noted that DelTrac is operated from the Traffic Management Center, which is adjacentto the Delaware Emergency Management Agency (DEMA). Mr. Laing noted that the trafficengineers are able to monitor traffic conditions throughout the state via computers and cameras.He stated that adjustments are made to the signals as traffic conditions warrant or demand.

Mr. Laing stated that parallel, one-way streets could be timed in such a way that motorists haveall green lights; however, multi-lane, two-way streets with varying speeds cannot be timed in thatmanner. He noted that the signals are timed to provide good traffic flow, eliminate extreme trafficbackups, and reduce emissions by limiting idling time.

Mr. DePrima advised members that $4M had been committed to upgrading the 18 lights locatedwithin the City of Dover in order for them to become a part of the DelTrac system. He noted thatconversion would begin on Division Street this year.

Mr. Ritter suggested that it may be beneficial for the committee to tour the DelTrac facility.Mr. Laing stated that he would make arrangements for a tour once a date was selected.

Responding to Mr. Ritter, Mr. Laing stated that the timing of the left-hand turn signal at DivisionStreet and Route 13 had been adjusted to allow more vehicles through. He noted that this is adifficult area to improve due to limited space.

DART Bus Stop - Wild MeadowsMr. Ritter recently attended a Wild Meadows civic association meeting where members expresseda desire to have a DART bus stop. He also informed members that the president of thePersimmon Park Place Civic Association advised him that the DART bus stop at Persimmon ParkPlace had been eliminated and the residents would like to see it reinstated. Mr. Ritter suggestedthat the route include both Persimmon Park Place and Wild Meadows. Mr. Laing stated thatdecisions to vary the bus routes were based on ridership numbers. He noted that residents can callDART 24 hours in advance to arrange for the bus to pick them up and take them to a central stop.Mr. Laing stated that he could provide literature to Wild Meadows regarding the bus servicesavailable.

Updates - DelDOT Projects

College Road Corridor UpgradeMr. DePrima advised members that this project has been delayed and is now included in eitherthe FY2008 or FY2009 CIP.

Crawford Carroll Drive


Mr. Laing advised members that this project was delayed for several reasons; however,construction has resumed. Mr. DePrima indicated that it was scheduled for completion by the endof the year.

West Dover ConnectorMr. Laing advised members that there was a working group meeting three (3) weeks ago, at whichtime members eliminated some of the proposed conceptual plans from further study. Mr. Laingstated that, during the March working group meeting, the Rodney Village Civic Association andthe engineering firm presented concepts for consideration. The information gathered from themeeting will be presented at the next working group meeting scheduled for May 25, 2005 at 5:30p.m. at the Modern Maturity Center.

Walker Road Project ConstructionMr. Laing stated that this project appears to be nearing completion.

Discussion - Requirement for Fencing - Stormwater Retention Ponds (Mr. Simmons and Mr. Carey)

Mr. Carey advised members that concerns had been brought to his attention regarding thestormwater management ponds throughout the City. It has been suggested that the City considerrequiring that the ponds be fenced.

Mr. James Galvin, Director of Planning and Inspections, stated that Appendix B, Article 5,Section 11.2 of the Dover Code references abiding by the Engineering Field Manual for the USDAand applying those calculations and regulations to retention ponds, which is what the KentConservation District does. No pond should be greater than three (3) feet deep and each pond hasa reverse bench built into it so that the slope steps down gradually. He noted that the KentConservation District also participates with the City in evaluating any proposals with a disturbancearea greater than 5,000 square feet. Mr. Galvin stated that the Delaware Code does not requirefencing around stormwater facilities.

Mr. Galvin cautioned members that fences tend to collect garbage and it is easier for children toget over fences than adults, making it more difficult for a casual rescuer to reach a child in thepond.

Responding to Mr. Lakeman, Mr. DePrima stated that the Planning Commission evaluates thestormwater ponds and makes recommendations based on their location. He noted that they haverecommended planting thorn bushes around ponds and, in some instances, the developer choosesto have their pond fenced. Mr. DePrima suggested contacting the building community for theirinsight in this matter. Mr. Galvin noted that underground storage tanks could be used as analternative to ponds.

Responding to Mrs. Bettylou Bargo, 1125 Yearsley Drive, Mr. Galvin explained that retentionponds have a gentler slope and are not as deep as swimming pools and; therefore, are not requiredto be fenced. Mr. DePrima also noted that some swimming pools, depending on their depth, donot require fences. Mr. Ruane stated that the retention pond on Eden Hill Farm appears to be


deeper than three (3) feet. Mr. DePrima stated that the depth was dependent on the grade of theslope and was not necessarily an indication of what the depth of the water would be. He noted thatmany of the ponds would not fill to capacity. Mrs. Bargo reminded members that many childrenare not yet three (3) feet tall. She stated that she would like to see thorn bushes planted as adeterrent for the children.

Mr. Carey moved to recommended referring the matter back to staff in order to researchoptions and to confer with members of the community and other agencies to obtain theirinput and report back to the committee. The motion was seconded by Mr. Pitts andunanimously carried.

Mr. DePrima noted that he and Mr. Galvin were currently finishing goals projected for completionthis year and would schedule this project for sometime in July 2005.

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 andMotor Home ParkingMembers 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 traileron residential streets. Currently, parking of boat trailers on residential streets is limited to two(2) hours.

Mr. Carey advised members that he had been contacted by a constituent regarding concerns withthe time limit for parking boat trailers on the street. They advised him that the limit prohibitsthem from parking their boat at home the night before a fishing trip in order to leave early in themorning. Mrs. Bargo stated that the time limit is also too short when it is necessary to makerepairs to a motor home.

Mr. Galvin noted that nonresidents are exempt from the mobile home restrictions for a period ofseven (7) days. He suggested implementing an exemption for residents as well. Mr. DePrimacautioned that a resident could park a motor home for seven (7) days, move it for a few hours,then bring it back for another seven (7) days. Members suggested including language that wouldlimit the 24-hour parking limit to only 24 hours per week. Mr. Lakeman suggested includinglanguage that would address repair and loading issues.

Responding to Mr. Lakeman, Mr. Carey stated that he had only received a complaint from one(1) citizen; however, they have been expressing this concern for some time. He stated that thecitizen was willing to come to the next meeting to present his case for the committee.

Mr. Carey moved to defer the matter until the next meeting in order to have the citizenpresent to provide members additional information, seconded by Mr. Lakeman andunanimously carried.

Mr. Carey moved for adjournment, seconded by Mr. Lakeman and unanimously carried.




Robert G. Ritter, Jr.Chairman

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Attachment

Attachment #1 - Whiteoak Road Drainage Ditch Correspondence

SPECIAL LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE

A Special Legislative, Finance, and Administration Committee meeting was held on May 2, 2005,at 5:02 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin,Mr. Shevock, and Mr. Shelton (arrived at 5:03 p.m.). Members of Council present were Mr. Sadusky,Mr. Ritter, and Mr. Ruane. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMr. Slavin moved for approval of the agenda, seconded by Mr. Shevock and unanimouslycarried.

Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemptionfor Senior CitizensSection 19.5-52(b) of the Dover Code provides for a tax reduction in the amount of $25,000 for realproperty owners 65 years of age or over. The $25,000 was set when taxes were based on 60% ofvalue. When the property tax base was increased to 100%, the Assessor’s Office increased the taxreduction amount accordingly, which totaled an amount of $41,700 ($25,000 divided by .6);however, Section 19.5-52(b) had not been amended to reflect this change. Members were provideda proposed ordinance amendment that would bring the Code in line with the City’s current practice.Staff recommended adoption of the proposed amendments to Section 19.5-52(b) of the Dover Code.

Members were provided historical information regarding the Over 65 Tax Exemption andcorrespondence received from Mr. and Mrs. Stephen R. Alexander, 140 Sweetgum Drive, requestingthat the Senior Citizens Tax Exemption formula be reevaluated.

Noting that the figures were not realistic since they had not been changed in seven (7) years,Mr. Hogan felt the exemption amount and the property owner income amounts (both single andmarried) should be increased to provide greater relief to the senior citizens.

Concurring, Mr. Slavin noted that the cost of living has increased significantly for senior citizens inthe last few years, including health insurance, the cost of prescription drugs, and a wide variety ofcosts that impact citizens on fixed incomes.

Mr. Slavin stated that more and more people are retiring before age 65 and suggested that the agelimit be decreased to 60 or 62 years of age. He also questioned why railroad pensions were notconsidered income. Mr. Salters stated that he objected to lowering the age since many people 65years of age and older still receive income.

Mr. Ruane advised members that, currently, there are 263 property owners with a property value of$10M that are eligible to take advantage of the senior citizen discount. He noted that the City’s taxincome is being reduced by $44,710 as a result of those exemptions based on the current limits.

Mr. Hogan suggested that the first $41,700 of assessed valuation be increased to $50,000, thatindividual income be increased from $10,400 to $15,000, and that the income for married couplesbe increased from $18,000 to $21,000. Mr. Ritter suggested that the ordinance also include verbiagedirecting Council to revisit the figures at the completion of each reassessment.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEESPECIAL MEETING OF MAY 2, 2005 PAGE 2

Mr. Hogan moved to recommend that Chapter 19.5 - Taxation, Section 19.5-52 - TaxExemption for Senior Citizens, be amended, as follows: 1) replace “twenty-five thousanddollars ($25,000.00)” with “fifty thousand dollars ($50,000)” in Subsection (b); 2) replace “tenthousand four hundred dollars ($10,400.00)” with “fifteen thousand dollars ($15,000)” inparagraph (1) of Subsection (b); 3) replace “eighteen thousand dollars ($18,000.00)” with“twenty-one thousand dollars ($21,000)” in paragraph (2) of Subsection (b); and by adding anew paragraph (14) to read “City Council will review these numbers at the conclusion of eachreassessment.” (Attachment #1). The motion was seconded by Mr. Slavin and unanimouslycarried.

Mr. Slavin moved for adjournment, seconded by Mr. Shevock and unanimously carried.



Reuben SaltersChairman

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Attachments

Attachment #1 - Proposed Ordinance Amendment - Section 19.5-52

CITY OF DOVER2005

ANNUAL MEETING APPOINTMENTS

COUNCIL ELECTIONS INCUMBENTS

A. City Solicitor Nicholas H. Rodriguez

B. Deputy City Solicitor William Pepper

C. Fire Marshal David J. Truax

D. Treasurer/Finance Director Donna S. Mitchell

E. City Clerk/Alderman Janice C. Green

F. Assistant City Clerk/Deputy Alderman Traci A. McDowell

G. Assistant Treasurers Janice C. Green

Traci A. McDowell

S:\ClerksOffice\Packet\2005\Council Packets\05-09-2005\Incumbents-Staff-2005.wpd Prepared by: City Clerk's Office/jg

ANNUAL MEETINGMAYORAL APPOINTMENTS - 2005/2006

I. COMMITTEE APPOINTMENTS - MAYOR - During the Annual Meeting, the Mayor will presentCommittee Appointments for Council confirmation.

A. DOVER 4 OF JULY CELEBRATION COMMITTEE - Shall consist of not less than five (5)TH

members and not more than nine (9) members who shall be appointed annually upon therecommendation of the Mayor and approval of City Council. The initial Board of Directors shallserve until the City’s 2005 Annual Meeting and then be appointed at the Annual Meeting eachyear thereafter. The membership shall include the Mayor of Dover, who shall serve in an ex-officio capacity as Chairman of the Board. Other officers shall include a President/ViceChairman, Vice President, Secretary, and Treasurer. (At the request of Mayor Hutchison, in2004, Mr. Carter, Director of Parks and Recreation, and Mrs. Mitchell, FinanceDirector/Treasurer, served as staff liaison members).

1. John J. Friedman, President

2. Ron Poliquin, Vice-President & COO

3. Donna Mitchell, Treasurer

4. Dick Bundy, Military Liaison

5. Tim Slavin

6. Elaine Brenchley

7. Jim Flood, Jr.

8. Ron Shomo, Musical Director

9. Steve Speed, Chairman (ex-officio member)

B. DOVER PUBLIC LIBRARY ADVISORY COMMISSION - Shall consist of five (5) members,with staggered five-year terms expiring June 16th, to be appointed by the Mayor and confirmedby Council. One (1) member of Council shall be appointed during the Annual Meeting to serveas a liaison member.

1. Councilman Eugene B. Ruane

2005 ANNUAL MEETING - MAYORAL APPOINTMENTS PAGE 2

C. DOWNTOWN DOVER DEVELOPMENT CORPORATION - Shall consist of fifteen (15)members appointed from three (3) categories: 1) Five (5) members, either elected or fromwithin the government of the City of Dover, to be appointed by the Mayor and confirmedby Council and shall remain as members so long as deemed appropriate by the Mayor andCity Council, and so long as they continue to be either elected or appointed officials withinthe government of the City of Dover (Mayor shall serve as an ex-officio member); 2) One(1) member appointed from within the State government, to be appointed by the Governor and shallremain so long as deemed appropriate by the Governor, and so long as he/she continues to be in Stategovernment; and 3) Nine (9) members from the private sector (these members should not hold full-timeelected or appointed public office), with staggered three-year terms, to be appointed by the Mayor andconfirmed by Council.

1. Councilman John W. Pitts

2. Councilman Rueben Salters

3. Councilman Timothy A. Slavin

4. Anthony DePrima, City Manager

5. James Galvin, City Planner

D. ELECTION BOARD - Shall consist of five (5) members, with staggered three-year terms, to beappointed by the Mayor and confirmed by Council during the Annual Meeting. One memberappointed from each of the four council districts and one appointed from at-large. The Boardshall consist of a non-elected body (or relative of), must be a citizen of U.S., a registered voterof the City, and have resided in the City for one year prior to the appointment.

1. William Garfinkel At-Large (5/08)

E. HOUSING CODE BOARD OF APPEALS - Shall consist of three (3) members, one (1) beinga resident generally selected as a representative of homeowners, one (1) representative of thelocal real estate industry association, and one (1) member shall be the City Manager.

1. Rexene Ornauer (Representative of Homeowners)

2. Charles Martin (Representative of Local Real Estate)

F. SILVER LAKE COMMISSION - Shall consist of seven (7) members to be appointed by theMayor and confirmed by Council at the Annual Meeting.

Recommended appointments forthcoming

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FIRST READING

Sec. 19.5-52. Tax exemption for senior citizens.

(a) This section is adopted to implement Title 22, Chapter 10 of the Delaware Code,as amended, granting exemptions from municipal taxation on real property for persons sixty-five(65) years of age or over. Compliance must be made with Chapter 10 and this section in order toqualify for such exemption.

(b) The exemption shall be for real property owners sixty-five (65) years of age orover. If qualified, their real property shall be exempt from municipal taxation to the extent of thefirst twenty-five thousand dollars ($25,000.00) fifty thousand dollars ($50,000) of assessedvaluation. This exemption shall be subject to the following qualifications:

(1) If the income of a property owner who resides alone exceeds the sum often thousand four hundred dollars ($10,400.00) fifteen thousand dollars($15,000) for the income tax year immediately preceding the date ofmaking an application for the exemption, then the exemption shall not begranted.

(2) If the income of a property owner and spouse who reside together exceedsthe sum of eighteen thousand dollars ($18,000.00) twenty-one thousanddollars ($21,000) for the income tax year immediately preceding the dateof making an application for the exemption, then the exemption shall notbe granted.

(3) In computing income of the property owner in order to determineentitlement for the deduction, social security benefits and railroad pensionsshall not be considered as income.

(4) The real property must be located within the limits of the city and must beused exclusively for residential purposes.

(5) The real property must be the legal residence of, and be occupied in wholeor in part by, the property owner.

(6) The property owner must be the owner of record of said real property as ofDecember 31 of the calendar year immediately preceding the date ofmaking application for the exemption.

(7) The property owner must have attained the age of sixty-five (65) by March1 of the year in which the exemption application is filed.

(8) Applications for exemption shall be filed in accordance with regulationsadopted by the city council and for cause shown. The city assessor mayaccept and act upon applications received after any established applicationfiling date.

(9) The city assessor is empowered to refund taxes paid by a qualifiedapplicant who is entitled to an exemption and successfully files for same.

(10) The city assessor's office shall be authorized to require any applicant tosubmit evidence substantiating income reported for receipt of theexemption. The city assessor may deny applications where requestedincome verification is not submitted by the applicant.

(11) Appeals from denial of exemptions by the city assessor and any othercomplaints regarding the exemption process may be appealed by thetaxpayer directly to the tax appeals committee established annually inApril to hear taxpayer appeals. The tax appeals committee shall have thepower to affirm, overrule or remand the decision of the city assessor.

(12) Qualified senior citizens who fail to exercise their property tax exemptionshall not be entitled to any interest payments on said exemption amount;nor shall unexercised property tax exemptions be retroactive beyond thecurrent tax year.

(13) Penalties, assessed to delinquent property tax accounts that are eligible fora senior citizen exemption that has not been exercised shall not beexcused.(Ord. of 3-12-01)

(14) City Council will review these numbers at the conclusion of eachreassessment.

ADOPTED: *

Documents

ANNUAL COUNCIL MEETING REVISED A G E N D A