REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 28, 2008 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Salters, and Mr. Ruane. Mr. Hogan was absent.
Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell.
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. Eric O’Brien, 30 N. New Street, submitted a letter (as on file in the Office of the City Clerk) explaining his concerns with loud music in his neighborhood. He advised members that after numerous reports to the Police Department, no action has been taken. Since these noises are violations of City ordinances, he requested that action be taken to resolve these issues.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Slavin moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for approval of the consent agenda, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF JANUARY 7, 2008
The Minutes of the Council Workshop of January 7, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Russell and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 14, 2008
The Minutes of the Regular Council Meeting of January 14, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Russell and bore the written approval of Mayor Carey.
CERTIFICATE OF RECOGNITION - 125TH ANNIVERSARY OF DOVER’S WATER SYSTEM
The following Certificate of Recognition was read into the record by the City Clerk:
WHEREAS, it was determined after a disastrous fire that tragedy could strike at any time that the City of Dover decided it was necessary to install a municipal water works system; and
WHEREAS, the municipal water works system was complete in 1882 and consisted of an engine, a boiler house of brick, two boilers, two pumps and a pump well, the system contained 13,000 feet of pipe mains and twenty seven fire hydrants ; and
WHEREAS, the entire system was installed on a bid price of $19,500 to which they came close by completing it at the cost of $20,862.10; and
WHEREAS, the water system priorities have expanded to provide fire protection, a clean water source meeting regulatory requirements, quality and quantity needs, and operations and maintenance; and
WHEREAS, the distribution system has grown from 2.5 miles in 1882 to over 190 miles in 2007 and the water sources have increased from 1 well in 1882 to 22 wells in 2007. Service connections have increased from 27 in 1882 to over 13,200 in 2007; and
WHEREAS, the staff works seven days a week to ensure Drinking Water Standards are met, and the staff is available 24 hours a day, seven days a week to operate and maintain the system including repairs, system flushing and responding to customer issues.
NOW THEREFORE, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, AND BEVERLY C. WILLIAMS, DOVER CITY COUNCIL PRESIDENT, do hereby present this Certificate of Recognition to the CITY OF DOVER WATER UTILITY in recognition of 125 years of dedicated service to the citizens of the City of Dover.
On behalf of the Mayor and Council, Council President Williams presented the Certificate and a Plaque in recognition of the 125 years of dedicated service to Mr. Lunt, Public Utilities Director, and Mrs. Duca, Assistant City Engineer for the Public Utilities Department. Mr. Lunt relayed appreciation to the present and past employees for their dedication and accepted the plaque on their behalf.
PROCLAMATION - BLACK HISTORY MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, the first Negro History Week was established in 1926 by Carter Godwin Woodson, Ph.D., founder of the Association for the Study of Negro Life and History, which is known today as the Association for the Study of African-American Life and History; and
WHEREAS, Carter Godwin Woodson, Ph.D. was the second African-American ever to earn a Ph.D. at Harvard University and is acknowledged as the Father of Black History; and
WHEREAS, Dr. Woodson chose the week in February which encompassed the birthdays of Abraham Lincoln and Frederick Douglas, two significant figures in the history of African Americans, to celebrate Negro History Week; and
WHEREAS, Dr. Woodson believed that publishing scientific history about the Black race would counter racial falsehoods and prove that Africa and its people played a crucial role in the development of civilization, thus helping to put an end to race problems; and
WHEREAS, in February of 1976, fifty years after the first celebration of Negro History Week, the first Black History Month was celebrated; and
WHEREAS, during the month of February the nation proudly celebrates the accomplishments, contributions, and history of African-Americans.
NOW THEREFORE I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE this 28th day of January, 2008 do hereby proclaim February as BLACK HISTORY MONTH and encourage all citizens to celebrate the contributions of African-Americans to our great society.
PROCLAMATION - I LOVE TO READ MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, reading is fundamentally the backbone to education and a vital part of a child's development; and
WHEREAS, when children are encouraged to read, and are read to, they will develop the love for reading that will continue with them throughout adulthood; and
WHEREAS, we acknowledge the critical role of educators in providing the skills the children need as well as the encouragement many children need to continue reading to adapt the love of literacy that paves the way for tomorrow; and
WHEREAS, we encourage all citizens to set aside time to read, and to realize the importance of taking time out of your day to read, and how it can influence others around you.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of February, 2008, as I LOVE TO READ MONTH in Dover, Delaware, and urge all citizens to join me by encouraging children and their families to overcome the dark shadows of illiteracy as they prepare the next generation to learn to love books and reading.
PROCLAMATION - RONALD REAGAN DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, Ronald Reagan served with honor and distinction for two terms as the 40th president of the United States of America; the second of which he earned the confidence of 3/5 of the electorate and was victorious in 49 of the 50 states in the general election - a record unsurpassed in the history of American presidential elections; and
WHEREAS, during Mr. Reagan's presidency he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and
WHEREAS, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, and prepared America's armed forces to meet 21st century challenges; and
WHEREAS, President Reagan's vision of "peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and
WHEREAS, February 6, 2008 will be the 97th anniversary of Ronald Reagan's birth and the third since his passing.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim February 6, 2008 to be RONALD REAGAN DAY and urge all citizens to be cognizant of this event and to participate fittingly in its observance.
PRESENTATION - CUSTOMER RELATIONS MANAGEMENT SOFTWARE
Mr. DePrima, City Manager, introduced Ms. Kay Deitz-Sass, Public Affairs Coordinator, who reviewed the presentation provided to members regarding the new Customer Relations Management Software. He reminded members that the system provides for a centralized program that will allow people to communicate over the Internet and allow the tracking of complaints to be monitored by City staff as well as members of Council.
Ms. Deitz-Sass stated that the Citizen Request Management Software Program bolts into the City’s existing Website, which will allow citizens to file reports from home regarding any concerns or issues, or they can contact a City employee either in person or over the telephone to file such reports. She stated that the program will allow citizens to track the status of their concern or issue. In addition, the program will allow for consistent information, provide information as to who is dealing with the issue, and when it will be resolved, and will provide for accountability. The system will also assist in assuring that issues are resolved in a timely manner. She noted that the program provides reports.
Ms. Deitz-Sass reviewed the Citizen (Customer) Relations Management Program and explained the steps a citizen would take to contact City staff via the program. She advised members that members of Council will be trained, individually, on how to use the administrative side of the CRM Program in the near future.
UTILITY COMMITTEE REPORT - JANUARY 14, 2008
The Utility Committee met on January 14, 2008 with Chairman Ruane presiding.
Dedication of Rights-of-Way and Public Infrastructure - Four Seasons
The developer of the Four Seasons Subdivision, MikeRoy, L.L.C., has requested that all public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a map showing the general location and configuration of the subject rights-of-way. MikeRoy, L.L.C. has constructed all of the improvements in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer.
Mr. Koenig, Public Services Director, noted that the material provided to members indicates that a one (1) year Maintenance Agreement, Maintenance Bond, and a Release of Liabilities, as well as the as-built drawings, have been submitted by the developer. He advised members that although these documents have been submitted, they have not been finalized. He assured members that these documents will be finalized prior to consideration by City Council.
Mr. Koenig advised members that the approved plan set for this subdivision indicates that the Four Seasons Homeowners Association shall have the full responsibility and expense for the perpetual maintenance of the landscaped open space islands located within the public right-of-way of Arlberg Circle, Homberg Circle, and St. Bernadino Circle.
Staff recommended acceptance of dedication of rights-of-way and public infrastructure in the Four Seasons Subdivision, with the dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (Construction Value = $236,264.00):
12" SDR-35 PVC Sanitary Sewer Main - 200 l.f.
10" SDR-35 PVC Sanitary Sewer Main - 221 l.f.
8" SDR-35 PVC Sanitary Sewer Main - 3,184 l.f.
8" C-900 PVC Sanitary Sewer Main - 140 l.f.
6" PVC Sanity Sewer Laterals - 1,337 l.f. (43 laterals)
4' Diameter Sanitary Sewer Manholes - 19 ea. (137.74 v.f.)
Water Utility Infrastructure (Construction Value = $193,275.00):
10” Ductile Iron (Class 52 Cement Lined) Water Main - 1,300 l.f.
8” Ductile Iron (Class 52 Cement Lined) Water Main - 3,656 l.f.
6” Ductile Iron (Class 52 Cement Lined) Water Main - 162 l.f.
1” Polyethylene Water Service Line - 1,192 l.f. (43 services)
10” Gate Valves - 2 ea.
8” Gate Valves - 6 ea.
6” Hydrant Valves - 7 ea.
Fire Hydrants - 7 ea.
Storm Water Infrastructure (Construction Value = $185,555.00)
Catch Basins - 29 ea.
Storm Water Manholes - 2 ea. (9.75 v.f.)
15” Type III Reinforced Concrete Pipe - 282 l.f.
18” Type III Reinforced Concrete Pipe - 162 l.f.
24” Type III Reinforced Concrete Pipe - 116 l.f.
36” Type III Reinforced Concrete Pipe - 21 l.f.
42” Type III Reinforced Concrete Pipe - 518 l.f.
48” Type III Reinforced Concrete Pipe - 80 l.f.
15” ADS N-12 Plastic Pipe - 576 l.f.
18” ADS N-12 Plastic Pipe - 301 l.f.
24” ADS N-12 Plastic Pipe - 279 l.f.
30” ADS N-12 Plastic Pipe - 189 l.f.
36” ADS N-12 Plastic Pipe - 111 l.f.
Street Infrastructure: (0.9884 miles) (Construction Value = $879,391.00)
Arlberg Circle Station 0+00 to Station 3+99 399 l.f.
Eiger Court Station 0+00 to Station 3+19 319 l.f.
Homberg Circle Station 0+00 to Station 3+99 399 l.f.
Matterhorn Drive Station 0+00 to Station 18+31 1,831 l.f.
Mont Blanc Boulevard Station 0+00 to Station 18+72 1,872 l.f.
St. Bernadino Circle Station 0+00 to Station 3+99 399 l.f.
5,219 l.f.
The committee recommended approval of staff’s recommendation for the acceptance of the dedication of rights-of-way and public infrastructure for The Four Seasons Subdivision, with dedication to include all of the referenced public improvements.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
2030 Energy Plan Committee Status Report
Members were provided the 2030 Energy Plan Committee Status Report. Mr. DePrima, City Manager, reminded members that the 2030 Energy Plan Committee was created almost two (2) years ago for the purpose of exploring ways of replacing or creating electric generation for the City of Dover for the future. Mr. Fred James, Project Coordinator with PACE, gave a presentation and reviewed the Status Report. He advised members that the 2030 Committee is requesting approval to move forward, as follows:
1)Manage a Solicitation Process to select a development partner(s).
2)Support partner’s development efforts until prospective power project is defined and commercial terms for energy, capacity and equity participation are defined.
3)Dover will then compare this “Build” option(s) to Market “Buy” options, or combinations thereof, before any further commitments are made.
Mr. James stated that the next steps for the 2030 Committee is to present the RFP Process to members during their January 28, 2008 meeting. He assured members that there will be no binding commitment on behalf of the City to proceed with any party or proposal and explained that the objective is to solicit creative ideas and commercial options from those in the power development business that may suit the City’s long-term electricity needs and objectives.
It was the consensus of members to recommend support of the plan as presented and to encourage the 2030 Committee to move forward with the plan, including the presentation of the RFP Process to members during their next meeting.
Mr. Greg Neil, President of the Wild Meadows Homeowner’s Association, relayed appreciation for the presentation and explanation provided. Due to the close proximity to the Garrison Tract, Mr. Neil stated the desire of the residents is to obtain details of how this project may affect their neighborhood. He indicated an understanding, as explained during the presentation, that this project is in its planning stages.
Draft Resolution in Support of the Bluewater Wind Project
Members reviewed a proposed Resolution in support of the Bluewater Wind Project. Mr. Ruane advised members that the Public Service Commission and the three (3) other state agencies responsible for approving the Bluewater Wind power purchase agreement with Delmarva have "tabled" the project because of the lack of consensus. The tabling of this project further delays the availability of this alternative energy supply, which Dover has agreed to include in its portfolio as a partner in an agreement between Bluewater Wind and the Delaware Municipal Electric Corporation (DEMEC).
In discussing the status of the Bluewater Wind project with Mr. McCullar, President and CEO of DEMEC, he agreed that the member cities in DEMEC, such as Dover, could play a more active role in trying to persuade members of the Delaware General Assembly to support this project, since they are reportedly the ones who are behind the lack of consensus among the four (4) state agencies. Although Mr. McCullar felt that direct communication with individual State Legislators would be the preferred route, he also agreed that a Council Resolution in support of the project would be helpful.
Mr. Ruane noted that discussion and approval of such a Resolution would not only remind the public of the importance of the project for municipal electric providers, but the Resolution would also provide a mechanism for the Council as a whole to communicate its support to the Governor, the entire General Assembly, the four (4) State agencies and the Public Service Commission.
Responding to Mr. Snaman, Mr. Ruane stated that the proposal has been submitted by DEMEC and that members of Council were made aware of the City’s participation costs; however, this is proprietary information and suggested that an executive session be scheduled to provide further details to committee members. He advised members that this is a competitive matter, otherwise, DEMEC would not have become involved.
The committee recommended adoption of the proposed Resolution.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and by a unanimous roll call vote (Mr. Hogan absent), Council adopted Council Resolution Number 2008-02, as follows:
CITY OF DOVER'S SUPPORT FOR ENTRY OF POWER SUPPLY CONTRACT WITH BLUEWATER WIND.
WHEREAS, the Electric Utility Retail Customer Supply Act of 2006 required Delmarva Power to seek new, Delaware based power generation, to assist in providing stable prices and a reliable energy source to Delmarva's customers; and
WHEREAS, in compliance with that legislation State Agencies issued a Request for Proposals and received proposals from three different companies, each offering different means of generating power; and
WHEREAS, one of the responses to that Request for Proposals was submitted by Bluewater Wind for the construction of offshore wind turbines to provide a renewable, reliable, Delaware-based energy source; and
WHEREAS, after significant public input, research and review, on May 22, 2007, the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget determined that Delmarva should enter into negotiations with Bluewater Wind to construct an offshore windfarm to meet Delaware's power supply needs now and in the long-term; and
WHEREAS, on April 27, 2007, the Delaware Municipal Electric Corporation ("DEMEC") and Bluewater Wind entered into a Memorandum of Understanding ("MOU") for the purchase by DEMEC of electrical power produced by the Bluewater Wind Project; and
WHEREAS, the City of Dover is a member of DEMEC and the citizens of Dover will benefit greatly from the Bluewater Wind Project; and
WHEREAS, since that time Bluewater Wind and Delmarva have been in negotiations for Bluewater Wind to supply power to Delmarva's customers; and
WHEREAS, Bluewater Wind has taken numerous steps to address concerns raised regarding the construction and operation of the windfarm, including re-working their pricing structure to significantly lower the cost increases and to establishing significant penalties to Bluewater Wind if they do not perform as promised; and
WHEREAS, a contract between Delmarva and Bluewater Wind has been drafted and presented to the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget for their approval; and
WHEREAS, the Public Service Commission Staff have given the contract a favorable review;
Draft Council Resolution No. 2008-02 City of Dover's Support for Entry of Power Supply Contract with Bluewater Wind; and
WHEREAS, on December 18, 2007, the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget met to consider the terms of the contract but instead decided to postpone the vote; and
WHEREAS, the Bluewater Wind Project will provide a substantial, additional source of power for DEMEC's member municipalities, including the City of Dover, that is easily accessed, reliable, and price-stable, and that offers certain credits and offsets because of its renewability; and
WHEREAS, having a Delaware-based wind farm will establish the State of Delaware as a leader in providing renewable power to its citizens; and
WHEREAS, the construction and operation of a project of this size will provide significant economic development benefits to Delaware; and
WHEREAS, there has been enough study of this matter and it is time for action on behalf of Delaware's citizens; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the City of Dover supports the proposed contract between Bluewater Wind and Delmarva, as it will provide the citizens of Delaware with clean renewable, Delaware-based energy supply and make Delaware a leader in providing renewable energy sources.
2. That the City of Dover urges the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget to vote to approve the contract presented by Delmarva and Bluewater Wind as quickly as possible.
3. That such approval will enable DEMEC and its member municipalities, including the City of Dover, to move forward with the MOU with Bluewater Wind for the purchase of renewable wind power.
ADOPTED: JANUARY 28, 2008
PACE/NAES Monthly Report (November)
Mr. DePrima provided the PACE/NAES Monthly Reports for November 2007. He reminded members that the report is being provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and give them the opportunity to make improvements if deemed necessary. It is not his intent to make a presentation of the report; however, he welcomed any questions.
By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 14, 2008
The Legislative, Finance, and Administration Committee met on January 14, 2008 with Chairman Slavin presiding.
Review of 2005 Charter Review Committee Recommendations - Article II (Continued)
During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.
During their meeting of November 26, 2007, Mr. Slavin noted that members would continue their review of the 2005 Charter Review Committee Recommendation at “Section 36 - Council not to Interfere with Appointments or Removals of Manager; Giving Orders to Subordinates of Manager Prohibited; Penalty for Same (Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, Model City Charter)”. As scheduled, members continued consideration of the recommendations to Article II - Mayor and Council, of the Dover Charter, as follows:
Section 36, City Charter - Council not to Interfere with Appointments or Removals of Manager; Giving Orders to Subordinates of Manager Prohibited; Penalty for Same (Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, Model City Charter)
Members relayed concern with an employee’s rights of appeal. Mr. DePrima stated that the City has grievance procedures and that there are State Laws to assure employees are provided due process.
The committee recommended including the language in Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, as stated in the Model City Charter, rather than Section 36 of the City Charter, and to cite existing State Code as it relates to an employee’s right of appeal.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
Section 35 - Removal of Employees by Manager (Section 2.05 - Prohibitions, Subsection (b) - Appointments and Removals, Model City Charter)
Although members had previous acted on these Sections, due to the concerns relayed regarding Section 36, it was the consensus of members that additional action should be taken.
The committee recommended including the language in Section 2.05 - Prohibitions, Subsection (b) - Appointments and Removals, as stated in the Model City Charter, rather than Section 35 of the City Charter, and to cite existing State Code to assure an employee is afforded due process.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
Mr. McGlumphy suggested that the City Solicitor provide the appropriate language to be included to assure an employee is afforded due process.
Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (a) - Vacancies; and Subsection (b) - Forfeiture of Office, Model City Charter)
There was discussion amongst members regarding the possibility of including the language in Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsections (a), and (b), as stated in the Model City Charter, rather than Section 13 of the City Charter, with the inclusion “infamous acts” in addition to moral turpitude listed in Subsection (b).
Mr. McGiffin relayed his reluctance in the inclusion of “infamous acts” since such acts are difficult to define. He also advised members that an “infamous act” would not necessarily mean that a crime had been committed.
Referring to Subsection (a), Mr. Ruane suggested that members determine if there are provisions for the removal from office and questioned what are the provisions. Also, referring to Subsection (b), he questioned how a member is excused by Council for their absence at Council Meetings.
The committee recommended including the language in Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsections (a), and (b), as stated in the Model City Charter, rather than Section 13 of the City Charter.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter)
Mr. Ruane noted that the current City Charter addresses vacancies for both Mayor and Council and that the Model City Charter addresses only vacancies for Council.
Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendation at “Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter)” during their next meeting.
Authorization to Purchase - Document Imaging System Upgrade - Sole Source
Members were advised that the City has been using Westbrook Technology’s Imaging products for more than ten years. For the past several years, at the annual Technology Advisory Committee (TAC) Meetings, departments have been requesting upgrades to this system to include capturing reports from our HTE, Inc. software. Staff contacted Westbrook Technologies, the producer of the software, to acquire three (3) resellers for bidding on this project. The written response from the VP of Sales at Westbrook Technologies indicated three important points for consideration: 1) Hilyard’s Inc. is the only reseller based in Delaware; 2) the City is under contract with Hilyard’s Inc. and would lose what they call “investment protection” if we opt out of that contract; and 3) he assured us that our current reseller, Hilyard’s Inc., provides pricing that is “extremely competitive”. This savings, in the amount of a $20,000 credit from this protection program, is only available through Hilyard’s, Inc.
Mr. DePrima, City Manager, advised members that staff conducted an internal survey during November 2007 to assess the satisfaction with the current software product and our current vendor, Hilyard’s, Inc. The results of the survey was overwhelmingly in favor of staying with the same product line and reseller, Hilyard’s, Inc. In light of the above factors, staff views this upgrade project as a sole source vendor situation.
Staff recommended authorization for the purchase of the Document Imaging System upgrade from Hilyard’s Inc. in the amount of $79,998.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
Proposed Budget Amendments - Budget Balances and Carry-Forwards
Mrs. Mitchell, Finance Director/Treasurer, reviewed budget ordinances to incorporate into the FY08 Budget the final budget balances and project budget balances carried forward from FY07. She noted that also included in the budget amendments is the revised transfer taxes attributed to the sale of the three (3) apartment complexes earlier this year. She advised members that the Electric Revenue Fund changes incorporate the Revised Electric Revenue Fund Forecast for FY08 as presented to City Council in October along with the FY07 final results. The Budget Ordinance only includes the recommended changes for the budgeted line items affected and does not include all line items in each fund or reserve account.
Mrs. Mitchell reminded members that additional budget amendments will be forthcoming, explaining that she will be meeting with the City Manager and City Administrator to conduct the mid-year review of the budget.
Staff recommended approval of the budget ordinance to be forwarded to City Council for adoption.
Mr. Ruane relayed concern regarding the violation of the City’s policy as it relates to the transfer tax provided for the sale of the apartment complexes. He noted that the policy requires the City to refrain from budgeting non-recurring or one-time revenue for on-going expenses and that these revenues are to be set aside for asset replacement. Responding, Mr. DePrima stated his opinion that transfer taxes, even a unique transfer tax, are non-recurring revenue. Traditionally, transfer taxes, including one-time transfer taxes, are not considered non-recurring since they occur every year although they may be for different properties. He explained that the only situation when a transfer tax is considered non-recurring or one-time only is when there is a sale of a City asset.
Mr. McGlumphy stated his understanding that emergency situations arise; however, it was his opinion that City staff should be required to adhere to the budget adopted by Council for the fiscal year beginning in July and that any additional unaccounted revenues that are received should not be used for operating expenses.
Mrs. Mitchell stated that the transfer tax revenue received for the apartment complexes transfer tax was included at this time since she had previously advised members of Council, during a recent update, regarding the receipt of these funds. She advised members that since that update, it has been discovered that there is an issue regarding the budget for street lights, amounting to approximately $500,000. Although this issue could have also been included at this time, it was decided that it would be addressed during the mid-year review. Mrs. Mitchell relayed concern with the City Manager determining the use of the additional revenue when there is an additional $500,000 required for street lights. It was her opinion that the additional transfer tax revenue remain in the budget balance until the mid-year review to provide the opportunity for members to address other budgetary issues.
The committee recommended adoption of the proposed budget amendments, and authorize the Finance Director/Treasurer and City Manager to work out the necessary details.
Mrs. Mitchell reviewed each line item in the proposed budget amendments and explained the details for each change.
Responding to Mr. Ruane, Mrs. Mitchell stated that the main focus for the budget ordinance was to adjust for project carry-forwards and budget balance carry-forwards based on the audit. In addition, the Electric Fund was amended and the transfer tax was included, although she explained that these types of changes typically occur during the mid-year review.
Mr. McGlumphy relayed concern with certain departments continuously overspending and that each year, Council is presented with budget amendments that are increases as a result of these departments not being made to adhere to their original approved budget.
Mr. Slavin moved to approve the committee’s recommendation for adoption of the proposed budget amendments, seconded by Mr. McGiffin and carried with Mr. McGlumphy voting no (Mr. Hogan absent). (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Ruane moved to instruct the City Manager to include $800,000 in the Library Reserve Account in the Budget Amendment to be submitted to Council with the Mid-Year Review, seconded by Mr. Leary.
Mr. Slavin stated that although he supports the new Library, it was his opinion that additional information should be provided regarding the operational costs for the new Library and what the impact would be on out-year budgets, in order to assess this capital project in terms of operations. He also relayed concerns with advising the public details with regards to the monies expected from outside sources, how it is obtained, whether there is a need to conduct a referendum and why or why not. He suggested that at a future Council Meeting, Mr. Ruane could provide these details and a better explanation to inform the constituents.
The motion to instruct the City Manager to include $800,000 in the Library Reserve Account in the Budget Amendment to be submitted to Council with the Mid-Year Review was carried by a unanimous roll call vote (Mr. Hogan absent).
Request to Process a Comprehensive Plan Amendment and Rezoning - 22 Acres at Enterprise Business Park
Members reviewed a letter, dated July 31, 2007, from Mr. Leonard Iacono, Investment Property Associates, LLC, regarding a potential land donation. Mr. Iacono advised members of his intention to purchase 22 acres of land on Hazletteville Road at Enterprise Business Park. He stated his willingness to donate approximately 10 acres of this land to the City for its efforts in relocating the post office and building the library.
Mr. DePrima advised members that this land donation could have a very positive, perhaps critical, impact on the City’s future library plans. Since the receipt of this letter, Mr. DePrima stated that Mrs. Townshend, Director of Planning and Inspections, has decided not to accept anymore Comprehensive Plan amendments in anticipation of updating the plan in 2008, which is a common and reasonable strategy. However, he advised members that Mr. Iacono is now interested in pursuing the rezoning and companion Comprehensive Plan amendment and that these plans may not be able to wait until late 2008 or early 2009.
Mr. DePrima stated that, recently, Mr. Iacono’s representatives of Mr. Iacono met with Ms. Townshend and himself regarding his desire to pursue his application at this time. He stated that since Mrs. Townshend is understandably uncomfortable waiving her own restriction, it was decided that this matter should be presented to City Council through the Legislative, Finance, and Administration Committee.
Mr. DePrima explained his belief that the request has a very compelling public interest as it relates to the future library with respect to raising necessary funds, and also relocating the Dover Post Office. He requested that members authorize Mrs. Townshend to accept both a Comprehensive Plan amendment and rezoning application as it applies to this project. He noted that it would be necessary to address this matter in the 2008 update; therefore, it’s consideration would not constitute a duplication of efforts, since it would simply allow the conclusion to come forward earlier.
Mr. Ruane suggested that members understand that the issue involving the land donation and library is ancillary to the issue regarding the process that has been instituted by the Planning Office for all applicants for rezoning during this interim period (completion of the Comprehensive Plan). Responding to Mr. Ruane, Mrs. Townshend indicated that there are other applicants that have contacted the Office regarding their desire to submit a rezoning or annexation application.
In response to Mr. Ruane, Mr. Slavin suggested that if the other applicants wish to pursue rezoning or annexation, they should be directed to come before the committee and follow this same process.
In fairness, Mr. McGlumphy suggested that the other applicants be made aware of the process that is available to them.
The committee recommended that the request to process the rezoning and comprehensive plan amendment be an exception to the rule for the 22 acre parcel located at the Enterprise Business Park and that the City would be the beneficiary of the land donation.
Mrs. Townshend assured members that she would notify the other applicants regarding the process, should they wish to pursue their application for rezoning or annexation.
In response to Mr. Leary, Mrs. Townshend stated that the other applicants submitted their applications approximately two (2) months ago and that the Comprehensive Plan Update should be finalized by the end of this year.
Mr. Slavin advised members that the “window” for the submission of comprehensive plan amendments closed in December 2006; therefore, effectively, this part of government is closed for two (2) years in order to complete the Comprehensive Plan Update. Mrs. Townshend stated that an updated schedule for the Comprehensive Plan Update will be presented to the Parks, Recreation, and Community Enhancement Committee based on the fact that a part-time staff person has been hired devoted to this project. In fairness, Mr. Slavin felt that the applications should be accepted until such time when the Comprehensive Plan is near completion and explained that without a schedule, this is not known at this time.
Mr. Slavin moved to instruct the City Planner to accept amendments to the Comprehensive Plan at all times during the period while the Plan is being drafted and reviewed and reserve the right to later close the “window” when it is felt that staff is at the period in the plan when it would be necessary. The motion was seconded by Mr. Salters.
In response to Mr. McGlumphy, Mrs. Townshend recommended that members allow only a one (1) month or six (6) week “window” of opportunity to submit plan amendments in order for staff to be given the opportunity to focus on the Comprehensive Plan.
Responding to Mr. Ruane regarding the motion, Mrs. Townshend indicated that staff would revert to the original procedure for managing rezoning applications and would not be required to be submitted to the committee and Council for determining consideration of such requests. Mr. Slavin confirmed that, in essence, approval of the motion would not require any further consideration of the committee’s recommendation with regards to the 22 acre parcel located at the Enterprise Business Park since the procedure would revert back to the original manner in handling such requests.
The motion to instruct the City Planner to accept amendments to the Comprehensive Plan at all times during the period while the Plan is being drafted and reviewed and reserve the right to later close the “window” when it is felt that staff is at the period in the plan when it would be necessary, was carried by a unanimous roll call vote (Mr. Hogan absent).
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JANUARY 15, 2008
The Parks, Recreation, and Community Enhancement Committee met on January 15, 2008 with Chairwoman Russell presiding.
Animal Control Officer and Coverage - City Manager’s Report
Mr. DePrima advised members that some time ago, Mr. Ruane had requested that he conduct a cost benefit analysis for providing animal control services by considering the elimination of the City’s animal control officer and contracting with the SPCA. He reminded members of the difficulty in associating a cost to quality of service. He has obtained the amounts necessary to perform the cost benefit analysis. He also advised members that he received a proposal from the SPCA in the amount of $151,000 to provide the service for 12 hours per day, 7 days per week, with the remainder of the time serving on an “on-call” basis. He noted that the current animal control officer works for 40 hours per week, as compared to 84 (12 hours for 7 days a week). Mr. DePrima stated he has collected additional expenses such as the day-to-day (gasoline), and liabilities (medical). He advised members that the Dover Police Department prefers maintaining employment of an Animal Control Officer.
Mr. DePrima indicated that he is currently working on finalizing this material for developing a final report to be considered by members during a future meeting and at this time, the information is being provided for informational purposes only.
Responding to Mr. Ruane, Mr. DePrima suggested that Mr. Goldwaithe, Executive Director of SPCA, be invited to meet with members to answer specific questions.
Mr. McGlumphy requested that Mr. DePrima contact the City of Newark and Wilmington to obtain information as to how they handle animal control within their jurisdiction, to be included in the final report.
Mrs. Russell suggested that staff contact Mr. Goldwaithe and invite him to attend the next committee meeting.
Review of Active Recreation Area Plans (Requests for Cash-in-Lieu) - Franklin Hall -326 West Loockerman Street and Jackson Hall - 200-216 West Loockerman Street and 208 South Governors Avenue
Mrs. Townshend, Director of Planning and Inspections, advised members that the applicant has requested that the applications be deferred until further notice; therefore, there was no discussion by members regarding the review of the active recreation area plans for Franklin Hall, 326 West Loockerman Street, and Jackson Hall, 200-216 West Loockerman Street and 208 South Governors Avenue.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, advised members that the URS Corporation has prioritized the technical recommendations and forwarded them to the Conservation District. To his knowledge, no further discussion regarding this matter has occurred. The next Action Team meeting will be scheduled in January, at which time he anticipates the receipt of feedback regarding the recommendations.
Referring to the Puncheon Run, Mr. Ruane felt that the residents of the area, particularly those that are affected by this flood plain, should be made aware of the recommendations and suggested that relative information contained in the report be disseminated to the residents of the corridor (both sides of the stream) to make them aware of the findings.
Responding to Mr. Ruane, Mr. Koenig stated his understanding that URS has made a finalization of the recommendations and that at the next Action Team meeting, members will determine those that are feasible. He suggested that once this is complete, an informational mailing could be sent to the residents of the area.
Mr. Ruane questioned if the flood plain elevation has been re-examined to determine if homeowners could obtain refinancing. Responding, Mr. Koenig stated that when the study is finalized, as a benefit to those that reside within the flood plain, they will be notified of the information and they should contact their lender to determine if the change would affect their rate.
Mrs. Russell suggested that members be notified of the Action Team meetings for those who may wish to attend.
John W. Pitts Recreation Center
Mr. Carter, Director of Parks and Recreation, advised members that most of the outside work for the John W. Pitts Recreation Center, such as parking lot, landscaping, sidewalks, etc. is complete. He anticipates the actual opening to be February or the beginning of March 2008. He invited any member who would like a tour of the facility to contact staff.
Responding to a request of Mrs. Russell, Mr. Carter indicated that there will be an area for dedication plaques, which will include one for the late Councilman John Pitts. Members suggested consideration of a portrait of Councilman Pitts to be located at the new facility. Members also suggested consideration of some type of encasement to include Councilman Pitts’ items.
Planning and Funding for New Library
Mr. Richard Thau, Library Director, provided an update on the planning and funding for the new library. He advised members that there will be representation of the Dover Public Library at the Kent County Library Advisory Council Meeting to provide updates in anticipation of eventually securing complete buy-in by Kent County.
Mr. McGlumphy urged Council and Committee members, City staff, and the community to contact the local legislators in support of the Library Project prior to the review JFC Budget Hearings on February 5th.
Mr. Ruane noted that staff has been requested to present information on what would be necessary to make a recommendation on the bond aspect for this project. He stated that this is critical information to be considered by members at their next meeting in order to show the State how serious the City is in regards to the Library Project. He reminded members that although Council has directed that payments in-lieu-of taxes be dedicated to this project, these monies were assigned to the Pitts Center due to the short-fall. For clarification, Mr. Ruane requested that staff provide a financial report for the Library Project, including the sources of funds, during the next committee meeting.
2008 Comprehensive Plan Update
Mrs. Townshend, Director of Planning and Inspections, provided an update on the Comprehensive Plan development process for the 2008 Comprehensive Plan.
Mrs. Russell reminded members that a Special Meeting has been scheduled for January 29, 2008 at 12:00 noon, for the purpose of reviewing the CDBG Program Guidelines and Update.
By consent agenda, Mr. Salters moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).
MONTHLY REPORTS - DECEMBER 2007
By motion of Mr. Salters, seconded by Mrs. Russell, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report (November and December)
Planning and Inspections Report
CIP Report
QUARTERLY REVENUE REPORT
Mrs. Mitchell, Finance Director/Treasurer, reviewed the Revenue Report as of December 2007.
In response to Mr. Ruane, Mrs. Mitchell reiterated that any appeal amounts are included in the property tax revenue since these amount were billed and the procedure for developing the revenue is based on billings. Mr. Ruane suggested that staff investigate the accounting procedures utilized by other municipalities to determine if there is a better accounting of receipts that are more definitive than those that are not definitive.
Responding to Mr. Slavin, Mr. DePrima stated that in accordance with the budget calendar, the revenue projections will be presented to Council in March.
Mr. Slavin moved for acceptance of the Quarterly Revenue Report as of December 2007, seconded by Mr. McGlumphy and unanimously carried.
CONFIRMATION OF POLICE PENSION ELECTION - RET. LT. TIMOTHY P. MULLANEY, SR. - THREE YEAR TERM TO EXPIRE JANUARY 31, 2011
The term of office on the Police Pension Board of Ret. Lieutenant Timothy P. Mullaney, Sr. expires on January 31, 2008. Pursuant to Section 18-47(2)(b) of the Pension Plan, notice of an election was given to all plan members. Only one nomination was received, therefore, no election was held. Chief Horvath nominated Ret. Lt. Timothy P. Mullaney, Sr. to serve a three (3) year term, to expire on January 31, 2011.
By consent agenda, Mr. Salters moved for approval of the nomination of Ret. Lt. Timothy P. Mullaney, Sr. to serve on the Police Pension Board, with a three (3) year term to expire on January 31, 2011. The motion was seconded by Mrs. Russell and carried by unanimous roll call vote (Mr. Hogan absent).
TRANSFER TAX DETERMINATION
During an executive session held on January 7, 2008, members reviewed an issue involving the Blue Hen Corporate Center Transfer Tax. Mr. Rodriguez reminded members that action is necessary to accept the transfer tax that has been paid for the Blue Hen Corporate Center, which was based upon the purchase price in the amount of $17,400,000.
Regarding the transfer tax question for the Blue Hen Mall sale, from Blue Hen Venture LLC to Pettinaro Enterprises LLC, Mr. Slavin noted that the purchase price was $17,400,000, the affidavit of value confirmed this amount, and it appeared that it has been demonstrated that this transaction was an arms length transaction between unrelated parties which demonstrated fair market value for the transaction.
Mr. Slavin moved that the purchase price stated in the deed and affidavit of value in the amount of $17,400,000 shall be accepted as the purchase price upon which the transfer tax shall be based and that the City Assessor is directed to accept this value for determining the transfer tax and notify the parties accordingly. The motion was seconded by Salters.
At the request of Mr. Leary, Mr. Capuano stated that when his office received the transfer deed for approval, he recognized the difference between the sale price, in the amount of $17,400,000, and the $24,756,200 assessed value of this property by the City. In accordance with the law, he stated that in no such case or event, shall the value be less than the highest assessed value for local real estate tax purposes, which was the basis of his post-audit. Mr. Capuano stated that he contacted the State Department of Revenue and explained the situation to the Senior Tax Auditor, Mr. Siedel, who agreed with his interpretation and had requested the Deputy Attorney General, Mr. Hurley, to write an opinion. He advised members that this opinion also indicated concurrence with his interpretation. As a result, he submitted a bill to the taxpayer for the balance. The City Solicitor disagreed with this interpretation in principle and therefore, requested an opinion from the Deputy Attorney General as well as the Attorney General, Mr. Ridgely. Mr. Capuano stated that all opinions indicated a concurrence with his interpretation, explaining that the regulations are clear that the value shall not be less than the highest assessed value for local real estate tax purposes.
Mr. Capuano indicated that as a precedent, the same situation occurred with Wal-Mart a few years ago. The assessed value was $9,000,000 and the value according to the deed was $6,000,000. He contacted Wal-Mart and brought their attention to the law, and advised members that their attorney concurred; therefore, he stated that Wal-Mart was billed for the difference, which was paid. If the City accepts the deed value for Blue Hen Mall, Mr. Capuano indicated that the City would be obligated to refund Wal-Mart the difference they paid for the increased transfer tax.
Responding to Mr. Leary, Mr. Capuano stated that the law provides for another avenue of appeal for the taxpayer, which would be to perform an appraisal to demonstrate that the deed amount (less than the assessed value) was equal to fair market value. He advised members that this avenue of appeal is provided for in the law and regulations and that this avenue has not been done for the Blue Hen Mall.
In response to Mr. McGlumphy, Mr. Capuano indicated that the difference would be between the amount of $371,000 and $274,000 that would be due to the City for the transfer tax.
On a call for the question, the motion failed by a roll call vote of four (4) yes, four (4) no (Mr. Leary, Mrs. Russell, Mr. McGlumphy, and Mr. Ruane) and one (1) absent (Mr. Hogan).
No further action was taken regarding this item.
EVALUATION OF BIDS - OVERHEAD DISTRIBUTION CAPACITORS
The City of Dover has an obligation through the Delmarva Power Interconnection Agreement to maintain a 98.5% power factor. We are currently not complying with this requirement. In FY 2007, a project was started to install distribution capacitors throughout the system to correct the power factor and improve the efficiency of the distribution system. This purchase is the second phase of that project. Utility staff will install the capacitor banks on the electric system.
Bids were advertised according to City Policy by the City’s Purchasing Agent under Bid number 08-0060DPU and three (3) bids were received. The specifications also required that the bidders provide losses to ensure that we purchased energy efficient capacitors. Staff factored the purchase price and energy losses to determine the Total Cost of Ownership, similar to the methodology used to purchase distribution transformers. The recommended vendor provided the lowest cost capacitors and was also the low bidder when applying the Total Cost of Ownership factor.
Staff recommended awarding the purchase of the Overhead Distribution Capacitor bid to the low bidder, HD Supply Utilities Division, for the amount of $57,160.
Mr. McGlumphy moved for approval of staff’s recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote (Mr. Hogan absent).
EVALUATION OF BIDS - UNDERGROUND PAD-MOUNTED DISTRIBUTION CAPACITORS
The City of Dover has an obligation through the Delmarva Power Interconnection Agreement to maintain a 98.5% power factor. We are currently not complying with this requirement. In FY 2007 a project was started to install distribution capacitors throughout the system to correct the power factor and improve the efficiency of the distribution system. This purchase is the second phase of that project. Utility staff will install the capacitor banks on the electric system.
Bids were advertised according to City Policy by the City’s Purchasing Agent under Bid number 08-0061DPU and seven (7) bids were received. The specifications also required that the bidders provide losses to ensure that we purchased energy efficient capacitors. Staff factored the purchase price and energy losses to determine the Total Cost of Ownership, similar to the methodology used to purchase distribution transformers. The recommended vendor provided the lowest cost capacitors and was also the low bidder when applying the Total Cost of Ownership factor.
Staff recommends awarding the purchase of the Pad-Mounted Distribution Capacitors bid to the low bidder, Martini & Associates, Inc., for the amount of $136,312.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Hogan absent).
REZONING REQUEST/FIRST READING - 255 COLLEGE ROAD, OWNED BY DELAWARE STATE UNIVERSITY
A request was received to rezone properties located at 255 College Road, owned by Delaware State University. The property is currently zoned C-3 (Service Commercial) and the requested zoning is IO (Institutional Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Slavin, seconded by Mr. Leary Council unanimously referred the request to the Planning Commission on February 19, 2008 and set a public hearing for March 10, 2008 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 255 COLLEGE ROAD.
FIRST READING - PROPOSED ORDINANCE
Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of February 11, 2008.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:
Proposed Budget Amendments - Budget Balances and Carry-Forwards
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of January 14, 2008.
Chapter 110 - Utilities, Article III - Water Service, Division 7 - Water Impact Fees
Mr. Leary moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Slavin and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Mr. Hogan):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 110 - Utilities, Article III - Water Service, be amended by adding Division 7 - Water Impact Fees, to read as follows:
DIVISION 7. WATER IMPACT FEES
Sec. 110- 206. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Equivalent Dwelling Unit (EDU): A term used to express the load produced on a water system approximately equal to one dwelling unit or 250 gallons per day (GPD).
Impact Fee: A on-time fee imposed by the City upon the owner(s) of any new, remodeled, restored or enlarged residential, commercial, institutional or industrial structure or structures or any combination thereof which results in an increased water demand to the water system.
Water System: A term used to collectively identify all production, transmission and distribution facilities and/or improvements associated with the infrastructure.
Sec. 110-207. Establishment of equivalent dwelling units.
(a)Determination for residential dwellings. Whenever by ordinance or by contract the city imposes or assesses water charges or fees on the basis of EDUs, an EDU shall be determined in the same manner as wastewater collection charges or fees and as defined in the most recent impact fee ordinance adopted by Kent County Levy Court. An EDU for a residential dwelling shall be determined as follows:
(1)Houses, dwellings, mobile homes and apartments with one kitchen and one or more baths and bedrooms separate from the kitchen . . . 1.0 EDU
(2)Efficiency unit or cottage having a living space in one room and having one bath . . . 1.0 EDU
(3)Dwelling with one kitchen and one or more baths and bedrooms separate from the kitchen and attached to other dwellings or structures . . . 1.0 EDU
(b)Determination for nonresidential establishments. Whenever by ordinance or by contract the city imposes or assesses water charges or fees on the basis of EDUs, the number of EDUs to be charged shall be determined in the same manner as wastewater collection charges or fees and using the appropriate specific assessment as defined in the most recent impact fee ordinance adopted by Kent County Levy Court. When users propose water usage under circumstances other than the specific assessments defined by the county, the city's impact fee shall be calculated by the city engineer based on flow in GPD. In such cases where the impact fee is calculated by flow, each EDU shall be equal to 250 GPD.
(c)Minimum assignment. A minimum of one EDU will be assigned to each establishment connecting to the system. No fractional parts of EDUs will be assigned. The number of EDUs shall be rounded up to the nearest whole number of EDUs.
(d)No assignment. If an establishment does not have any physical facilities which result in a water demand on the city's water system, then the number of EDUs assigned to it shall be zero.
(e)Maximum assignment. The city shall in no case charge an impact fee based on more than 100 EDUs per certificate of occupancy.
Sec. 110-208. Water impact fee established; payment, credits.
(a)Findings, etc. It is hereby determined that additional users to be connected to, or additional demand to be placed upon, the city's water system will cause a reduction in the presently existing excess capacity and will eventually contribute to the need to expand the city's water production and distribution system. Such users resulting in new connections or increased demand should contribute capital to be used for the expansion of the city's water production and distribution system. The city's engineers have determined that the calculation methods and procedures utilized to determine wastewater collection impact fees as provided in the most recent impact fee ordinance adopted by Kent County Levy Court will be used to establish water impact fees based on the number of EDUs. A copy of this ordinance is on file with the city. A comprehensive study of the city's water production and distribution system was completed and a master plan developed for the orderly expansion of the city's water production and distribution system (Whitman, Requardt and Associates, "City of Dover, Delaware, Water System Master Plan," January 2006). It is in the best interest of the city and users of the city's production and distribution system to establish an impact fee. A study of the city's production and distribution system will be conducted as needed and the master plan updated accordingly, but not more frequently than every five years.
(b)Payment. Every additional user to be connected to, or additional demand to be place upon, the city's water system, whether within the city's boundaries or outside the city's boundaries, and receiving service through contract directly with the city, shall pay an impact fee based on the amount of EDUs to be generated by such use. Commercial users, at the time of plan submittal, must submit their proposed fixture unit schedule for the construction. The purpose of the impact fee and the standard by which its amount is determined is as a contribution of capital toward the expansion of the city's water system. The impact fee shall be adjusted from time to time to reflect changing costs and it shall be in addition to all other charges and assessments made in connection with the furnishing of water service. The amount of the water impact fee shall be as adopted by the city council, and such amount shall be kept in a separate, interest-earning expansion account and shall be used only for costs associated with the expansion of the city's water system. This impact fee shall be in addition to any assessment, tapping fee or other costs associated with providing service. Impact fees are to be paid by all developers or owners of newly constructed structures or enlarged/improved existing structures requiring water service prior to the issuance of a Certificate of Occupancy. The City reserves the right to bar occupancy of such structure and withhold water service until such time as the aforementioned fee is paid in full.
(c)Fee and applicability.
(1)The impact fee shall be $700 beginning on February 1, 2008 for every additional user or additional demand to be placed on the system where both the applicable building permit and certificate of occupancy is issued on or after February 1, 2008. Additional users or additional demands issued an applicable building permit before February 1, 2008 shall not pay the fee. A sales contract executed prior to February 1, 2008 for the sale of the applicable property to a buyer who is independent of the seller may be submitted to the City Manager for consideration in lieu of a building permit issued before February 1, 2008.
(2)The impact fee shall be $1400 beginning on February 1, 2009 for every additional user or additional demand to be placed on the system where a certificate of occupancy is issued after February 1, 2009.
(3)The impact fee shall be $2100 beginning on February 1, 2010 for every additional users or additional demand to be placed on the system where a certificate of occupancy is issued after February 1, 2010.
(4)The impact fee shall be adjusted from time to time to reflect changing costs as a result of study of the city's water system that will be conducted as needed, but not more frequently than every five years.
(d)EDU credit. Any connection to the city's water system will be credited with any EDUs existing on the property. As an example, if a house with an EDU is demolished and a structure with 50 EDUs is put in its place, the owner shall pay a water impact fee based on 49 EDUs. No EDUs shall be transferred from one property to another property, whether or not such properties are owned by the same person, without the approval of the city council.
(e)Deferred charge. All applicants for service, which have been served by private water sources, shall be subject to a deferred impact fee charge. Payment of the deferred impact fee charge shall not be required until such time as connection is made directly to the city's water system. The amount of the charge shall be based on the prevailing impact fee at the time of connection. This fee shall be in addition to any assessment, tapping fee or other costs associated with providing service.
Division 7. Secs. 110-209--110-230. Reserved
ADOPTED: JANUARY 28, 2008
Appendix C - Downtown Redevelopment, Article IV - Development Incentives, Section 2 - Multiple Story New Construction Projects
Mr. Leary moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Slavin and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Mr. Hogan):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix C – Downtown Redevelopment, Article IV – Development Incentives, Section 2 – Multiple story new construction projects.
Section 2. (Waiver of Impact Fee.)
Eligible projects that have received conditional approval from the Planning Commission after January 31, 2008 that involve multiple story new construction or renovation of an existing building, and have a combination of residential, office, retail, or commercial service uses so that at least two of these uses are established shall qualify for City impact fee waiver of the cost of such fees. Eligible projects that have received conditional approval from the Planning Commission on or before January 31, 2008 and that are multiple story new construction on one lot, and have a combination of residential, office, retail, or commercial service uses so that at least two of these uses are established shall qualify for City Impact fee waiver of one half the cost of such fees.
ADOPTED: JANUARY 28, 2008
Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-128 - Sprinkler Requirements
Council President Williams advised members that Mr. Hogan, Chairman of the Safety Advisory and Transportation Committee, was unable to attend this evening’s meeting and requested that action regarding the ordinance amending Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-128 - Sprinkler Requirements, be deferred until the Regular Council Meeting of February 11, 2008.
Mr. Slavin moved to defer the Final Reading and consideration of the adoption of the proposed ordinance until the Regular Council Meeting of February 11, 2008, seconded by Mr. McGlumphy and unanimously carried.
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Slavin noted that during the last Council Meeting, members voted in favor of a partnership with the Boys and Girls Club of Delaware and that he had mentioned that he is a member of the Board; however, he failed to recluse himself from voting and apologized for this action.
Mr. Salters advised members Bishop Blackshear and his wife will be celebrating 60 years of marriage on February 6, 2008. He stated that Bishop Blackshear was responsible for establishing 18 churches in Delaware and is 91 years of age. He suggested a public announcement of these accomplishments at the next Council Meeting.
Members of Council wished Mr. McGiffin a happy birthday (January 29th).
Mr. McGlumphy indicated that Dover High School was recognized by Newsweek as one of the top 100 high schools in the nation. He suggested that the City Clerk prepare a Certificate of Recognition to be presented at the next Council Meeting.
Mrs. Russell advised members that she will be presenting books to the Dover Public Library and schools on behalf of the City Council for the City of Dover.
Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:08 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 28, 2008, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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