| Date: | February 28, 2011 |
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 28, 2011 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mr. McGiffin, Dr. McGlumphy, Mr. Ruane, Mrs. Russell, Mr. Salters, and Mrs. Williams. Mr. Leary was absent.
Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Townshend, Fire Chief Fortney (arrived at 8:09 p.m.), Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mrs. Mitchell was absent. Mayor Carey was present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.
Mr. N. C. Vasuki, 235 Carnoustie Road, stated that Delaware Today magazine has ranked the City of Dover as the second best place to live in Delaware, second only to Lewes.
Mr. Jeffrey Lank, on behalf of Eric Riddle of the Dover Jaycees, stated that this organization is very active in the community and is looking forward to working with the City of Dover, as they have in the past.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGiffin moved for approval of the agenda, seconded by Mrs. Williams and unanimously carried.
Mrs. Williams moved for approval of the Consent Agenda, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 14, 2011
The Minutes of the Regular Council Meeting of February 14, 2011 were unanimously approved by motion of Mrs. Williams, seconded by Mr. Bonar and bore the written approval of Mayor Carey.
PUBLIC HEARING - PROPOSED RESOLUTION NO. 2011-03 APPROVING ALLEY ABANDONMENT (IMPROVED) - ADJACENT TO 514 EAST LOOCKERMAN STREET AND 222 SOUTH DUPONT HIGHWAY - HUB ASSOCIATES, LLC AND A & G KRAMEDAS ASSOCIATES
A public hearing was duly advertised for this time and place to consider abandonment of a portion of an improved alley located adjacent to 514 East Loockerman Street and 222 South DuPont Highway, owned by HUB Associates, LLC and A & G Kramedas Associates.
Mr. Anthony DePrima, City Manager, explained that the request is for abandonment of an improved alley. The abandonment was considered by the Planning Commission on December 20, 2010 and the Utility Committee on January 24, 2011. The Planning Commission and Utility Committee recommended approval of the requested abandonment, stipulating that utility easements be reserved for the City.
Council President Hogan declared the public hearing open.
Mr. Gregg Moore, Becker Morgan Group, on behalf of the applicant, HUB Associates, LLC, stated that the request for abandonment was submitted as part of a planned major renovation to the property.
Mrs. Thelma Johnson, 512 East Loockerman Street, stated that her property is affected by the abandonment. She noted that, since the abandonment is for the benefit of HUB Associates, LLC, they should be responsible for paying the $125 fee to record her new deed.
Council President Hogan declared the public hearing closed.
Responding to Mr. Salters, Mr. Moore stated that the applicant would be willing to pay the $125 fee for the recordation of Mrs. Johnson’s deed.
Mr. McGiffin moved for approval of the request to abandon a portion of an improved alley located adjacent to 514 East Loockerman Street and 222 South DuPont Highway, owned by HUB Associates, LLC and A & G Kramedas Associates. The motion was seconded by Mr. Salters and, by a unanimous roll call vote (Mr. Leary absent), Council adopted Resolution No. 2011-03, as follows:
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alley:
Being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being an improved public alley running east to west, lying on the southerly side of and running parallel to East Loockerman Street, said portion of alley beginning at a point identified as the southeast corner of 516 East Loockerman Street, parcel #ED-05-077.06-01-63.00; thence running west toward Bayard Avenue, South 57 degrees 11 minutes 46 seconds West 213.78 feet along the northwest line of said 15’ wide alley but stopping at the southwest corner of 512 East Loockerman Street, parcel #ED-05-077.06-01-65.00; thence running perpendicular across said 15’ wide alley to a point in the southwest line of a 15’ wide alley; thence running North 57 degrees 11 minutes 46 seconds East 213.78 feet along the southwest line of said 15’ wide alley to a point at the corner of parcel #ED-05-077.06-01-87.00; thence running 15 feet along the eastern boundary of said 15’ wide alley to the point and place of beginning and containing 3,206.70 square feet (0.0736 acres) of land, be the same more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: February 28, 2011
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - FEBRUARY 14, 2011
The Parks, Recreation, and Community Enhancement Committee met on February 14, 2011 with Chairwoman Russell presiding.
Presentation - Broadband Technologies Opportunity Program (BTOP)/Job Center - Dover Public Library
Ms. Margery Cyr, Library Director, advised members that the Delaware Division of Libraries (DDL) received a grant through the U. S. Department of Commerce for the Broadband Technologies Opportunity Program (BTOP). She stated that the DDL is collaborating with multiple program partners to support a statewide learning laboratory program aimed at improving workforce skills and job searches for Delawareans at each laboratory and library throughout Delaware. Ms. Cyr reminded members that the Dover Public Library and the Delaware Economic Development Office joined forces to develop a Job Center at the Library, which opened in October 2009. She advised members that this program is currently limited in capacity, largely due to staffing, space, and time constraints. Ms. Cyr explained that funding from the BTOP award will allow the DDL to establish comprehensive job/learning labs in libraries across the State by leveraging unique partnerships between libraries and social service organizations to combat unemployment through workforce development and educational programs.
Ms. Cyr reviewed a Presentation titled BTOP 101, which provided information on the mission, grant award, project goals, partners, and benefits of the program. She noted that positive feedback had been received from those benefitting from the Library Job Center (included on Page 18 of the Presentation) and read into the record the following statement, which was received from one of the participants:
“I just wanted to let you know that I am working as an HR Generalist full time and permanent in Philadelphia and the company is Simkar Corporation. I just wanted you to know how I am doing. Thanks again for all you did to assist me in my job search and guess what you inspired me to do? I have submitted a proposal to my Pastor to set our church in the direction of the library. I am excited about this endeavor and will let you know how it turns out.”
Ms. Cyr introduced Ms. Allie O’Neill, a volunteer working at the Economic Development Office through Volunteers in Service to America (VISTA). Ms. O’Neill advised members that VISTA is part of the Federal Americorps Program and that VISTA volunteers commit to serve full-time for one (1) year with non-profit organizations or local government agencies and assist in running programs that are designed to bring communities out of poverty.
Ms. Cyr also introduced Ms. Bernadette Connell, who was hired through the BTOP Grant to establish job centers in the anchor libraries in the County and will be the Dover Public Library’s BTOP Coordinator. Ms. Connell stated that she is currently working with other anchor library BTOP to assure that the program curriculum is ready for an April 1, 2011 start date.
Ms. Cyr introduced Ms. Becky Norton, the new Assistant Library Director for the Dover Public Library.
Responding to Mr. Ruane, Ms. Cyr indicated that a portion of grant funding was used for a public relations program and that a public relations marketing consultant will assure that notification of this program is provided throughout the State.
In response to Mr. Lewis, Ms. Cyr stated that the BTOP grant provides one (1) time funding for a three (3) year project; however, the DDL will be working on sustainability of the grant. She explained that there are plans to use some of the funding from the Schools and Libraries Universal Service Support Mechanism (E-Rate) as part of the sustainable funding for the grant.
Ms. Cyr advised members that one of the requirements of the BTOP Grant is that the Job Center remain open for a considerable amount of time during the week. She noted that, in the current Library, the only area available for this is the meeting room and that staff is working on determining how easily the Job Center can be “broken down” once it is closed. Ms. Cyr stated that availability of the meeting room will be very limited once the Job Center is opened. She advised members that the Job Center will be located on the second floor of the new Library in the Technology Lab, adding that the Small Business Center will also be housed on that floor.
Responding to Mr. Ruane, Ms. Cyr stated that the Seaford Public Library developed a Job Center and a Bridges Program (a structured education program) using the services of the Retired and Senior Volunteer Program (RSVP). She explained that the Bridges Program consists of three (3) day-long workshops with a specific curriculum each day. Ms. Cyr stated that it is very important that the Dover Public Library maintain the ability to assist customers on a walk-in basis, whenever needed, free of charge; however, she noted that the RSVP Bridges Program has also been very positive and the City is attempting to determine how to “blend” these programs.
Ms. Connell advised members that the goal is to make all four (4) anchor libraries very similar, offering the same services, with customization available to address the specific needs of the community.
In response to Mrs. Russell, Ms. Cyr stated that there were no applications received from City residents for the Coordinator positions.
Responding to Mr. Ruane, Ms. O’Neill confirmed that benchmarks will be used to determine the progress of the programs and, to date, the majority of the individuals utilizing the current programs offered by the Dover Public Library are City residents.
The Committee recommended acceptance of staff’s report on the Broadband Technologies Opportunity Program (BTOP)/Job Center - Dover Public Library.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Semi-Annual Report on Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover Since July 2010
Mr. William Neaton, Economic Development Director and Director of the Downtown Dover Partnership, reviewed the semi-annual report of employment statistics on the 14 largest employers in the Dover area and reminded members that this information is updated and presented to members on a semi-annual basis (the last report was presented to members on July 12, 2010). He also reminded members that his office has established relationships with the management and human resources departments of these companies in order to track job growth or decline.
Mr. Neaton stated that, although the report does not reflect a significant increase in employment activity, he feels confident that the economy is turning around. As an example, he advised members that the Dover Sun Park is currently under construction at the Garrison Tract and that he meets with the project manager weekly. Mr. Neaton noted that local contractors have been hired for this project, which demonstrates a commitment to filling jobs related to this project locally.
Mr. Neaton advised members that, for approximately two (2) years, he has been working on bringing an Arizona-based company to the City, which has the potential of bringing 500 jobs to the Dover area. He stated that the company originally considered 11 different locations, which have now been narrowed to three (3) possibilities, one (1) of which is Dover. In December, Mr. Neaton stated that he, along with other representatives from the Delaware Development Office, Delaware Technical and Community College, Dover Air Force Base, Delaware State University, etc., met with the project manager of this company. Mr. Neaton indicated that a response is expected within the next 30 days.
Mr. Neaton stated that, for approximately 6 to 8 months, he has been working with another company that is considering relocating to Dover. He noted that this firm is searching for temporary warehouse space until such time that a 500,000 to 700,000 square foot facility can be built, and would bring approximately 50-100 jobs to the area. Mr. Neaton indicated that he anticipates a response from the project coordinator of this company within a week or two (2).
Mr. Neaton advised members that a local company hopes to expand its manufacturing capabilities by adding approximately 200 employees and that an incentive package was provided to this firm in December.
Referring to a previous request made by Dr. McGlumphy, Mr. Neaton apologized for not providing specific details regarding the downtown area in the report. He advised members that seven (7) businesses opened in the last six (6) months in the downtown area, creating approximately 15 additional jobs. Mr. Neaton stated that three (3) businesses closed, resulting in the loss of four (4) jobs, which reflects a net growth of 11 jobs. He reminded members of the positive activity occurring in the downtown area, such as the completion of the downtown charrette and construction planned to begin on Bayard Plaza.
In response to Mr. Ruane regarding the sale of Wilmington Trust, Mr. Neaton stated that Mr. Bonar requested that he obtain details on the effects this sale may have on employment in the Dover area.
Mrs. Russell suggested providing incentives to companies to remain in the City for several years, in addition to granting incentives for relocation to the area. She noted that it has been the City’s experience with several companies that once the incentives have ceased, the companies have left the area, resulting in the loss of jobs and building vacancies. Responding, Mr. Neaton stated that the Delaware Development Office provides a five (5) year incentive program; however, the City provides a 10 year tax abatement program.
The Committee recommended acceptance of the Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover since July 2010.
UPDATES
The following updates were provided to members:
Schutte Park Space - Boys and Girls Club/CDSA
Mr. Darrell Tingle, Executive Director of the Greater Dover Boys and Girls Club, and Mr. Scott Brown, President of the Board for the Greater Dover Boys and Girls Club, stated that they have been meeting with the City Manager, Mr. Anthony DePrima, and the Parks and Recreation Director, Mr. Zachery Carter, to provide updates on the facility to be built in the Schutte Park area.
Mr. Brown distributed a Schematic Plan for the magnet facility of the Greater Dover Boys and Girls Club, which was developed by Mr. Robert MacLeish, Sr., President of Lighthouse Construction, Inc. Mr. Brown noted that there are currently three (3) Boys and Girls Club facilities located in the City of Dover, with the Simon Circle facility being the largest. He stated that he was notified by the Dover Housing Authority that, soon, the building at Simon Circle will no longer be available and that the Boys and Girls Club must vacate the facility by January 2013.
If approved by the City, Mr. Brown stated that the organization plans to present the Schematic Plan to an architect to develop a design and determine cost estimates to be presented to the State Boys and Girls Club Board for approval. He explained that it is hoped that the capital campaign will begin on July 1, 2011. Mr. Brown stated that the local Boys and Girls Club will need to raise 23%-24% of the funds and the State Board will raise the balance. He noted that the preliminary estimate is $1.5M to $4M and that it is planned to construct the facility in phases. Mr. Brown stated that he felt confident that the local Club could raise the required funds for Phase 1 of the project within one (1) year, noting that this phase would include the walk-in area, a team room, half of the gym, classrooms, etc., which would provide more than ample space to house the programs that the organization currently offers.
Responding to Mr. Lewis, Mr. MacLeish assured members that, although utilities have not been finalized at this time, green energy sources will be considered.
In response to Mrs. Russell, Mr. Brown stated that he anticipates that Phases 2 and 3 will begin immediately upon completion of Phase 1; however, Phase 4 will probably be delayed for 5 to 10 years.
Mr. Ruane questioned if staff had reviewed a Conceptual Site Plan for this project and if there were any concerns regarding the size, exits, entrances, etc. Responding, Mr. DePrima stated that when the initial “footprint” of the project was received, it was not prepared as a Site Plan; therefore, details such as size/layout of the parking lot and stormwater management were not included. He reminded members that one of the Parks and Recreation Director’s goals is to develop a Master Plan for Schutte Park. Mr. DePrima stated that staff is collaborating with the Planning Department to determine the location of the building and the number of parking spaces required. He indicated that this information will be depicted on the Master Plan, noting that the Boys and Girls Club is not at the point in this project when a Site Plan is required. Mr. DePrima assured members that, since the building will be smaller than originally proposed, the area will be large enough to accommodate the project. Since Phase 4 includes adding a second floor to the building, Mr. DePrima suggested that a reserve area be designated to allow for additional parking, if needed.
Responding to Mr. Ruane, Mr. DePrima noted that the new roadway created by the realignment of Wyoming Mill Road will be completed prior to the construction phase of this project, and that City staff is aware of the Delaware Department of Transportation’s (DelDOT) requirements for entrances and exits for the facility. Elaborating, Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that a pre-construction meeting for the new roadway project is scheduled for March 1, 2011 and that the contractor plans to begin work within 30 days after that date. He noted that this project is estimated to be completed within six (6) months.
In response to Mrs. Russell, Mr. DePrima stated that, although there are not many adjacent property owners, it is too early to begin notification, which will occur prior to the construction phase.
Puncheon Run Watershed Action Team and Flood Plain Mapping Update
Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that the Kent Conservation District is nearing completion of the overflow channel provided through the Clean Water Fund. Staff has been working on preparing some of the map tiles related to the 100-year flood plain across the City and identifying all of the individual property owners involved.
Mr. Koenig advised members that a flood study would entail significant funds and that publishing a new map could have unintended consequences if the map is sent to financing companies, who could establish flood insurance requirements. He stated that a resident of Shadow Court (adjacent to Puncheon Run) pursued obtaining his own letter of map revision through the Corps of Engineers, which cost approximately $400. Mr. Koenig explained that this letter could be used by the resident to prove to the insurance company that flood insurance is not necessary; however, this type of amendment does not actually change the map published by the Federal Emergency Management Agency (FEMA). He noted that all of the residents along Puncheon Run could pursue map revisions for their individual properties, some being successful and others not. Mr. Koenig stated that he has been advised that there have been instances when a private surveyor has been requested to conduct “group” surveys for individual property owners. It was his feeling that this may be the avenue preferred by the City if map revisions are desired for these individual property owners versus obtaining a flood plain study.
Mr. Anthony DePrima, City Manager, suggested that the City serve as a facilitator and request the resident of Shadow Court, his surveyor, Mr. Mike Powell, and interested citizens to conduct a step-by-step workshop that would empower the residents to obtain map revisions.
The Committee recommended that the City facilitate a workshop with appropriate technical assistance, including the resident of Shadow Court, to educate residents on how to obtain map revisions individually or by group action.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Planning and Funding for New Library
Ms. Margery Cyr, Library Director, reviewed the update information regarding the planning and funding for the new library.
CDBG Program
Mrs. Tracey Harvey, Community Development Manager, reported the Status of FY 2009-2010 CDBG Projects.
Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund)
Mrs. Tracey Harvey, Community Development Manager, reviewed the Update on the Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) which was provided to members.
Mr. Ruane requested that staff provide the net result of the purchase and sale of properties.
Youth Advisory Committee
Mrs. Russell advised members that applications continue to be received and reviewed for the Youth Advisory Committee.
In response to Mrs. Russell, Mr. Robert MacLeish, Sr., Greater Dover Committee, stated that he serves on the Youth Committee of the Greater Dover Committee and felt that the two (2) youth committees could benefit from interaction. Mrs. Russell assured Mr. MacLeish that Mrs. Kay Dietz-Sass, Public Affairs Coordinator, would send him information for his review.
By consent agenda, Mrs. Williams moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
UTILITY COMMITTEE REPORT - FEBRUARY 14, 2011
The Utility Committee met on February 14, 2011 with Chairman Ruane presiding.
Green Energy Fund Grant Modification
Mr. Ron Lunt, Public Utilities Director, reminded members that approximately five (5) years ago, the State of Delaware adopted the Delaware Energy Act, which includes a Green Energy Fund Program. He stated that this program allows the City’s electric customers to contribute funds to financially support the installation of renewable energy resources and promote the use of energy efficient technologies. Mr. Lunt noted that this program is administered by the Delaware Municipal Electric Corporation (DEMEC) for municipal providers in the State, including the City of Dover. He explained that the Green Energy Fund Program specifies grant limits (a percentage of payment and total payment) for the installation of qualifying technologies and advised members that DEMEC suggested that the City modify the percentage of the grant payments, the total grant limits, and increase efficiency standards for geothermal heat pumps. Mr. Lunt explained that the modifications will assist in ensuring that funds are available for the greatest number of grant applicants. He indicated that, currently, the City of Dover has a backlog of applications dating back approximately 1.5 years.
Mr. Lunt reviewed the Dover Green Energy Fund Incentive/Grant Proposed Changes, which provides details of the proposed changes recommended by DEMEC and includes two (2) major variations recommended by staff. He noted that on December 10, 2010, Delmarva Power and Delaware Electric Cooperative modified their grant programs to incorporate similar recommendations.
Mr. Lunt explained that staff’s recommendations for variations from DEMEC’s proposed changes are as follows:
1)Non-profit applicants for photovoltaic system grants should be provided funding at the same level as non-residential applicants.
2)Non-profit applicants for fuel cells should be provided the same grant percentage calculation (20%) as residential and non-residential applicants.
Mr. Lunt stated that these suggestions from staff relate to the large number of schools, colleges, and other non-profit entities based in the City due to the fact that it is the State capital. Because of the substantial backlog of applications, he indicated that staff felt it more appropriate to treat all non-residential groups equitably. Mr. Lunt noted that non-profit groups were only identified by Delmarva Power as separate entities in the December 2010 modification; prior to this, they were classified in the same category as non-residential applicants.
In reviewing the Dover Green Energy Fund Incentive/Grant Proposed Changes, Mr. Lunt advised members that the proposed changes were noted in red text on the first line of the table that applies to each type of system, and that the second line includes current program guidelines. He noted that the two (2) boxes highlighted in yellow identify staff’s suggested deviations from DEMEC recommendations. Mr. Lunt also stated that system qualifications were modified to better reflect the value of the installation. For example, he indicated that photovoltaic and small wind turbine grants are now based on output rather than installation cost to incentivize the installation of more efficient systems and that these systems are now limited to a maximum size of 50 kW. Mr. Lunt stated that the same principle applies to solar water heater and geothermal heat pumps, noting that more efficient systems receive larger grants, or qualify for these grants. He stated that the least efficient geothermal heat pumps (previous units with energy efficiency ratings (EER) of 14) would be eliminated from the program, due, in part, to advancements in technology. Lastly, he advised members that the limit for the percentage calculation for fuel cell grants is being reduced to provide more equity between system options.
Responding to Mr. McGiffin, Mr. Lunt indicated his concern that a State facility could be classified as a non-profit entity. Disagreeing, Mr. McGiffin stated that he felt that the State of Delaware would not qualify as a non-profit entity.
To further encourage conservation, Mr. Lunt stated that residential applicants will be required to complete a City of Dover Public Utilities Residential Utility Service Audit, which may be scheduled by calling 736-7070. He indicated that all non-residential applicants will have an energy audit completed by a prequalified commercial auditor and that a listing of auditors can be found at www.energizedelaware.org/businessallies. Mr. Lunt noted that the expense of this audit will be the sole responsibility of the applicant and that the listing is maintained by Delaware’s Sustainable Energy Utility. He stated that this requirement is also included in the Green Energy Program administered for Delmarva Power customers.
Staff recommended adopting the Dover Green Energy Fund Incentive/Grant Proposed Changes as outlined and funding non-profit applications at the same levels/caps as non-residential applications.
Major Kosior felt that lowering the maximum grant amount could discourage non-profit entities from applying and suggested that DEMEC is attempting to encourage that specific sector. Responding, Mr. Lunt stated that the recommendation is not to discourage non-profit groups from applying, but to continue to consider non-profit applicants as they have been considered in the past, as part of the non-residential pool of applicants. He suggested that the proposed grant changes that reflect an inclination to encourage non-profits were made by Delmarva Power, which deals with various types of stakeholders.
The Committee recommended approval of staff’s recommendation to adopt the Dover Green Energy Fund Incentive/Grant Proposed Changes, with the stipulation that the proposed changes be revised to incorporate the Delaware Municipal Electric Corporation’s (DEMEC’s) recommendation to include a distinction for non-profit organizations.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Retail Customer Demand Response Tariff Modification
Members were reminded that, in 2009, the Federal Energy Regulatory Commission (FERC) issued Order No. 719 which attempted, in part, to remove barriers to Demand Response Programs (DRP) operated by regional transmission organizations such as PJM Interconnection, LLC (PJM). Mr. Ron Lunt, Public Utilities Director, advised members that the City of Dover had a specific interest in a requirement that those utilities selling less than four (4) million MWh’s must have the relevant electric retail regulatory authority (City Council) approve the participation of their retail customers in the program. He stated that on February 22, 2010, City Council affirmed this intent and created a Retail Customer Demand Response Tariff to document that the City of Dover affirms participation in this program. Mr. Lunt noted that the tenets of the PJM-operated DRP include a provision to compensate customers who reduce their consumption during periods of tight energy supply or high usage. He indicated that the reduction of load also ensures electric grid reliability and helps alleviate costs associated with new generation plants and transmission upgrades, both of which are concerns on the Delmarva Peninsula.
Mr. Lunt explained that staff recommends that the City, or its authorized designee, be the only DRP authorized to administer this program in the City’s electric territory. He stated that, currently, staff intends to designate DEMEC as its authorized designee. Mr. Lunt advised members that the reason for the modification to a single provider is twofold, as follows:
1)DEMEC solicited proposals from five (5) different providers and the proposal selected provided the greatest return to the customer (80% return to customer, 20% retained for operations).
2)The City could call on its customers to reduce load during local system emergencies and/or in an effort to reduce load during power peaks, utilizing this procedure as a local demand response program which could reduce future capacity expenses.
Mr. Lunt advised members that in calendar year 2010, nine (9) customers participated in the DRP through various Curtailment Service Providers that are registered with PJM. He assured members that these customers will be notified of the change in the tariff and would transition into the DEMEC program within one (1) year.
Staff recommended adoption of the modifications to the Retail Customer Demand Response Tariff. It was noted that the proposed tariff has been reviewed by the City of Dover Utility Attorney, Mr. Kirk Betts, Betts and Holt, and that he has approved this tariff in its final form.
The Committee recommended approval of staff’s recommendation to adopt modifications to the Retail Customer Demand Response Tariff.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Amendments to Renewable Energy Portfolio Standards (RPS) Legislation
Mr. Ron Lunt, Public Utilities Director, reminded members that, in 2010, Delaware legislators amended the Renewable Energy Portfolio Standards (RPS) legislation by requiring municipally-owned electric utilities to develop plans to include renewable power sources in their power supply portfolios by 2014. He indicated that the amount of renewable power sources must be compatible with the standards set for Delmarva Power, which plans to obtain 11.5% of its power from renewable sources by 2014 and 25% by 2025.
Mr. Lunt reviewed a proposed amendment to the RPS legislation, which would allow municipalities to include and count conservation, energy efficiency and demand-side management programs in their RPS plans. He noted that staff felt that these aspects of energy management are just as important as renewable energy sources and that a credit should be received for these efforts. Mr. Lunt explained that, in general, these kinds of programs are more cost effective than renewable energy sources at this time.
Staff recommended that the Mayor and Council President write a letter in support of the RPS Legislation Amendment.
Mr. Ruane requested that staff advise members when the proposed legislation is presented for a hearing so that they may attend to indicate their support.
The Committee moved to recommend that the Mayor and Council President send a letter in support of the Renewable Energy Portfolio Standards (RPS) legislation amendment.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) (December)
Members were provided a Project Tracking Report, as of December 31, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP).
Mr. Ron Lunt, Public Utilities Director, stated that Council approved a change order for the inclusion of a force main as a part of the Delaware State University/Delaware Technical and Community College Force Main Rerouting Project. He advised members that the infrastructure has been installed and is currently being tested and if it passes, the project will be substantially complete. Mr. Lunt explained that blacktop work and seeding will be completed in the spring when temperatures are warmer.
In addition, Mr. Lunt noted that the City has received full approval from the Delaware Department of Transportation for the Route 13 Water Main Project and he anticipates opening the project for bids within the next two (2) weeks. He reminded members that this project includes the replacement of the Route 13 southbound lane water main, from State Street to White Oak Road, and will be a nighttime project.
The Committee recommended acceptance of the Utility Related CIP (Electric and Water/Wastewater) Report.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
By consent agenda, Mrs. Williams moved for acceptance of the Utility Committee Report, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 14, 2011
The Legislative, Finance, and Administration Committee met on February 14, 2011, with Chairman Leary presiding.
Review and Recommendation - Filling of Critical Positions
During their meeting of February 23, 2009, members recommended approval of a Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there were no positions to consider, the item could be removed.
Mr. Leary noted that there were no critical positions to be considered; therefore, no further action was required.
Proposed Amendment to Purchasing Policy - Debarment
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the City recently received a U. S. Department of Energy grant through the Delaware Emergency Management Agency (DEMA). She explained that, as a result of a sub-grant monitoring visit by DEMA on November 17, 2010, DEMA recommended incorporating written procedures for vendor debarment in the City’s Purchasing Policy. Mrs. Mitchell reviewed (new) Section 11 - Debarment of Vendors for Consideration of Awards of the City’s Purchasing Policy. She noted that the amended policy would include procedures for the debarment of vendors/contractors who have violated policy standards, prevent such vendors from contracting with or selling items to the City, and require the use of the Federal Excluded Parties Listing to preclude the award of any contract utilizing federal funds to debarred companies/individuals.
The Committee recommended that (new) Section 11 - Debarment of Vendors for Consideration of Awards be incorporated in the City’s Purchasing Policy.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Debt Management Policy Review
Mrs. Donna Mitchell, Controller/Treasurer reviewed the Draft City of Dover Debt Management Policy (issued August 24, 2009 and revised February 14, 2011), noting that the Finance Department periodically reviews this Policy and presents recommended changes. She explained that recommended revisions to the Policy were depicted in red font, noting that a majority of the suggested changes were not substantive but were made to clarify current policy. Mrs. Mitchell noted the addition of the term “bank qualified” to Section IV, Paragraph A - Short-Term Debt (Page 3). She indicated that, in this context, the term refers to a tax-free commercial bank loan or tax-exempt bonds sold to a bank, and noted that this definition was added to the Policy Glossary (Page 13). In addition, Mrs. Mitchell stated that changes were made to Section V - Restrictions on Debt Issuance, A) Charter Restrictions, Paragraph iii (Page 4) to reflect that the City’s debt issuance is limited to five (5) percent of the total assessed value of real property, in accordance with the City’s current Charter.
Mrs. Mitchell explained that the information included in blue font on Pages 4 and 5 of the Draft Policy is not part of the policy but was inserted to provide additional information to members regarding the City’s current financial standing.
Mr. McGiffin commended Mrs. Mitchell’s diligence in ensuring that the policy is current.
The Committee recommended approval of the revised City of Dover Debt Management Policy.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
By consent agenda, Mrs. Williams moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION AND SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 17, 2011
A Joint Meeting of the Legislative, Finance, and Administration and Safety Advisory and Transportation Committees was held on February 17, 2011 at 6:00 p.m. with Chairman Leary presiding.
Proposals to Address Community Concerns
Members were recently made aware of gang activities occurring in and around the City of Dover. Meetings were held on November 15, 2010 and December 6, 2010 to discuss these issues. As a result of these meetings, Police Chief James Hosfelt reviewed a letter from the Dover Police Department, dated February 4, 2011, which offered possible solutions.
Chief Hosfelt reminded members that the Dover Police Department is currently staffed at 89 officers and that two (2) additional officers will be hired in March, based on Council’s prior approval, one (1) of which will be paid over the next 30 months by a Community Oriented Policing Service (COPS) grant. Chief Hosfelt stated that these two (2) officers will bring the Department’s staffing to 91 officers. Chief Hosfelt requested consideration of hiring two (2) additional officers, which would bring the total police force to 93 officers, and that the hiring process be completed in time for all new officers to attend the next Delaware State Police Academy class, which he stated may be scheduled as early as mid-March 2011. He reminded members that the current police operating budget can absorb the costs of the additional officers through the remainder of the fiscal year; however, he noted that it will take a strong commitment by the Committee and all of Council to fund these positions in FY 2012 and beyond.
Chief Hosfelt assured members that the Police Department understands its responsibility to serve the citizens of Dover, while working within the confines of the budget established by City Council, and that the request would not cause detriment to other needed services within the City. He indicated that the authorized strength of 93 officers would allow for the number of officers assigned to community policing, quality of life, and the drug unit to be restored to previous levels.
Mrs. Russell moved to recommend approval of staff’s recommendation, seconded by Mr. Bonar.
Responding to Mr. McGiffin, Mrs. Russell indicated that her motion was to support the recommendation to increase the police force to 93 officers.
In response to Mr. Bonar, Chief Hosfelt explained his suggestion regarding the concept of “civilianizing” some positions within the Department that are currently filled by police officers, such as the Red Light Enforcement Officer, noting that the cost of a civilian employee would be less than that of an officer. He stated that there are some positions that could be filled with retired law enforcement officers, and that the State Police have adopted this approach with some units. Chief Hosfelt explained that hiring retired officers for these positions is a necessity because police certification is required, and retired officers can maintain certification with very little impact to the organization. He advised members that a civilian Sex Offender Agent costs the State approximately $40,000 per year and a civilian Red Light Enforcement Officer costs approximately $46,000 per year, much less than the cost of a new officer at $85,000. Therefore, he stated that filling these positions with retired officers would be another way to increase available police staffing at a cost much less than hiring an additional officer.
Responding to Mr. Bonar regarding the request to establish a one-time “Police Chief” discretionary fund by including an additional $40,000 in the budget, Chief Hosfelt stated that the additional funds are being requested to financially sustain the Department through the end of the fiscal year when the Department will be “short” officers due to Academy attendance.
Mr. DePrima assured members that staff has completed the latest estimate for the current budget and that funds are available to accommodate the two (2) monetary recommendations (two (2) additional officers and an additional $40,000 in discretionary funds).
Mr. Bonar moved to amend the motion by accepting the Police Chief’s Report in its entirety by recommending approval of the recommendation for the additional $40,000 in discretionary funds and civilianizing positions within the Department that are currently filled by police officers. The motion was seconded by Mr. Davis.
Mr. McGiffin relayed reluctance to support the amendment to the motion since the financial implications of the additional $40,000 discretionary funds and the creation of three (3) civilian positions are not known. Responding, Chief Hosfelt stated that the recommendation is to explore the option of civilianizing positions so that, in the future, if it is determined that additional police officers are necessary, this approach could be used to increase the number of police officers with less impact on the budget. However, he assured members that, at this time, staff is not recommending authorization to civilianize the positions, but is only recommending that this concept be explored for possible implementation in the future.
In regards to the additional $40,000 discretionary funds, Mr. DePrima stated that the financial implication would be limited to $40,000, explaining that if the $40,000 being considered is not provided to the Police Department, it would be applied to the fund balance.
Responding to Mr. Ruane regarding consideration of civilianizing School Resource Officers, Chief Hosfelt informed members that the State Police attempted to make all School Resource Officers agents rather than officers (retired police officers) last year, and State legislators did not approve this request. As a result, he stated that this change would require an amendment in legislation and noted that staff would be willing to further investigate this matter. Mr. Ruane requested that staff determine the possibility of including the civilianization of the School Resource Officers and provide members an update.
The amendment to include accepting the Police Chief’s Report in its entirety by recommending approval of an additional $40,000 in discretionary funds and consideration of civilianizing positions within the Department that are currently filled by police officers was unanimously carried.
The Committee recommended that the Police Chief be authorized to hire two (2) additional officers for the upcoming Police Academy class, which would bring the total police force to 93 officers; establish a one-time "Police Chief" discretionary fund by including an additional $40,000 in the budget; and review the feasibility of civilianizing positions within the department that are currently filled by police officers.
By consent agenda, Mrs. Williams moved for approval of the Committee's recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
By consent agenda, Mrs. Williams moved for acceptance of the Joint Legislative, Finance, and Administration and Safety Advisory and Transportation Committee Report, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Leary absent).
Public Comment Period (15 Minutes)
There was no one present wishing to speak during the public comment period.
ANNUAL REPORTS
By motion of Mrs. Williams, seconded by Mr. Bonar, the following Annual Reports were accepted by consent agenda (Mr. Leary absent):
Fire Department
Planning and Community Development
Police Department
EVALUATION OF BIDS - WELLHEAD REDEVELOPMENT CONTRACT
Mr. Anthony DePrima, City Manager, advised members that the Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. He indicated that these contracts are priced as a "time, equipment, and material" contract and may exceed $25,000 annually.
Mr. DePrima explained that the Wellhead Development Contract will provide for the rehabilitation and repair of nineteen (19) production wells in an effort to maintain operations and/or increase the yield of each well as it relates to the permitted allocation. He noted that the recommended contractor will perform flow testing of each well and provide a report detailing testing results and recommendations. Mr. DePrima stated that, upon reviewing information provided by the contractor, the City of Dover will plan for and/or schedule further repairs as needed based upon the bid prices provided.
Mr. DePrima stated that a Request for Proposal (RFP) was advertised according to the City purchasing policy by the City's Purchasing Agent under RFP #11-0037DPU and a mandatory pre-bid meeting was held on January 13, 2011. Three (3) potential bidders attended this meeting and two (2) submitted qualified proposals. The proposals were evaluated using the following criteria: demonstrated experience with similar projects including a history of achieving highest and best results among its peers; cost; previous projects in the City of Dover; and availability to perform duties. Mr. DePrima stated that the recommended contractor scored the highest on this evaluation and, based on the minimum anticipated scope of work for this year, had the lowest cost proposal. The two (2) bidders provided base bid prices for known (defined) work, hourly rates for anticipated (undefined work), and future year escalation charges. A.C. Schultes of Delaware, Inc. included a 3.5% annual escalation and Uni-Tech Drilling Company, Inc. included a 10% annual escalation.
Staff recommended awarding a three (3) year agreement for the Wellhead Redevelopment Blanket Contract to A.C. Schultes of Delaware, Inc., as per the pricing included in the bid submittal.
Mr. McGiffin moved for approval of Staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Leary absent).
EVALUATION OF BIDS - ENGINEERING SERVICES CONTRACT FOR WATER AND WASTEWATER UTILITIES
Mr. Anthony DePrima, City Manager, advised members that the Water and Wastewater Utilities are continuously working on various system upgrades and capacity improvements to the infrastructure of both utilities. These projects take numerous hours of engineering design and analysis, in addition to project management efforts. He explained that this request for proposal was designed to obtain engineering firms capable of performing engineering and project management services in the appropriate areas for each utility. Nineteen (19) proposals were received, reviewed, and analyzed. Five (5) firms were deemed non-responsive due to the omission of required information. The fourteen (14) firms which submitted complete proposals were evaluated based on ability to provide services and may not represent the lowest price.
Mr. DePrima stated that, due to the number of projects, the variety of complexity involved in each project, and the need to meet the requirements of the Utilities, staff recommended, awarding the contract to three (3) companies. This would allow flexibility to choose a firm based on its availability and individual expertise.
Mr. DePrima noted that each firm was evaluated on each function in the following areas: experience (demonstrated experience with similar projects and history of achieving highest and best results among its peers); project management (project organization and management, including staffing, management control and sub-contractor utilization); staff (qualifications and utilization of the firm's employees assigned to the provision of services, including previous work experience, technical management experience, education and training); costs (analysis of hourly rates and other costs for the various phases of services proposed); service ability (firm's ability to provide a full spectrum of engineering services including personnel, managerial, and other resources required to meet the project's objectives); location (geographical location in relation to the City of Dover); local standards (familiarity and experience with the standards of the City of Dover, Delaware Department of Transportation (DelDOT), Kent Conservation District (KCD), Delaware Department of Natural Resources and Environmental Control (DNREC), and Delaware Office of Drinking Water (ODW).
Mr. DePrima noted that the total cost over the term of each contract will probably exceed $25,000; however, costs will be reflected in the appropriate budget. Upon award, these consultants will be available to all City departments requiring civil engineering based services. These services, as contained within the Scope of Work in the Request for Proposals, include: civil design engineering, construction engineering/inspection, project administration, general civil support (plan review, cost estimating, surveying, mapping, project conceptualization, etc.), traffic engineering, structural engineering, and geological/geotechnical engineering or other related services.
Staff recommended awarding three (3) three-year contracts to URS Corporation, Pennoni Associates Inc., and KCI Technologies, Inc., as per the pricing included in the bid submittal.
Mr. Bonar moved for approval of Staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Leary absent).
EVALUATION OF BIDS - DOVER PUBLIC LIBRARY BID PAC B
Mr. Anthony DePrima, City Manager, advised members that in July 2009, EDiS Company was selected as the construction management firm for the Dover Public Library project. During their Regular Meeting of November 22, 2010, City Council approved a contract with EDiS Company for construction and construction administration services, pending final determination of the guaranteed maximum price. He noted that, with the completion of the construction documents and bidding, the construction phase for the library project is ready to begin.
Mr. DePrima stated that EdiS Company would serve as the Construction Manager at Risk for the Dover Public Library project. Under the Construction Manager at Risk agreement, a maximum guaranteed price for the library construction was determined after all bids were reviewed by EdiS Company. The proposed Guaranteed Maximum Price for the construction is $16,502,821. The project is slightly below budget when combined with all the other related project costs, including the revised cost of the exit road included in Bid Pac A. The total project costs are $20,631,252, which is $14,917 less than estimated in November. There have been a number of changes throughout the cost summary, some of which are as follows: 1) as prices were refined, costs moved from the contingency in Other Construction Costs to Trade Costs; 2) design cost in the original document overlooked the architect's program confirmation fee spent early in the project; 3) estimated costs of Furniture, Fixtures, and Equipment was reduced; and 4) there is a new $21,303 owner's contingency in Owner Administration that can be used for contingency costs not related to construction, such as site work, in addition to the $485,802 construction contingency. At the end of the project, if costs are under the Guaranteed Maximum Price or budgeted contingency costs are not used, the savings will go to the City.
Mr. DePrima explained that, if there are apparent savings during construction, he may reinstate options to construct some features that have been removed from the project through value engineering and present them to City Council for approval. He noted that EDiS Company continues to work on cost savings with contractors and that any further cost savings will be reflected in a greater owner's contingency.
Mr. DePrima stated that a number of additional value engineering options were exercised during the bidding administration phase to bring the project within the scope of the budget; however, none of the value engineering options have affected the scope of the project, program space, or the Leadership in Energy Design (LEED) certification. Included in the base budget is the fit-out of the 1,200 square foot multi-purpose rooms. Originally, this was recommended as an add alternate to be funded at a later date; however the importance of the multiple purpose room was elevated with the recent announcement of the Broadband Technologies Opportunity Program (BTOP) Grant. The federal grant requires a job center and technical training room. The Technology Lab was planned to serve as an interim multiple-purpose room; therefore, the multi-purpose room must be fitted out now. Constructing the multi-purpose room as part of the core construction will allow rental revenue to be received earlier and permit more community programming. To fit the multi-purpose room into the core construction budget, the stone exterior ends of the building will be removed from the project and a more cost effective brick treatment will be utilized. This change was strongly endorsed by the Anchor Library Steering Committee and was reviewed with the Historic District Commission, who will review the alternate exterior treatment of the exterior ends of the building.
Mr. DePrima noted that the Teen Loft fit-out is not included in the Guaranteed Maximum Price. He stated that the Anchor Library Steering Committee strongly urges City Council to consider adding this option back into the project, as teen services are an essential library component. EDiS Company advises that the fit-out can be added for $169,080, which is is significantly less than the $338,775 estimate given to City Council in November and represents less than 1% of the total project budget. The Steering Committee feels that this is an important part of the library programming, particularly in light of the efforts to combat teen gangs and drug use, as the Teen Loft will become a safe place for Dover's teens. The Committee also feels that the Teen Loft is an important feature to promote for library fundraising. In addition, fitting the Teen Loft after the library is built would cost more and disrupt library operations. The Steering Committee feels that this added cost can be covered through the fundraising campaign. Mr. DePrima advised members that, assuming the $169,080 would be borrowed, $19,000 would be added to the debt service figures presented in November, resulting in a tax increase of less than $1 per year.
Referring to the updated Library Funding Plan, Mr. DePrima noted that an additional $257,761 has been raised since the plan was presented in November and stated that this is reflected in the reduction of the construction loan line item.
Mr. Gerald Doherty, Vice President, EDiS Company, advised members that EdiS has agreed to an open book process, which means that the City will have the opportunity to audit the books, evaluate bidders, and evaluate the results to see how the total price was arrived at. He noted that the project was publicly advertised for all bidders under certain criteria, such as required bonding of contractors. The lowest bids were reviewed to ensure the contractor had bid on the correct project, the right scope of work, and did not miss any part of the proposal. Mr. Doherty stated that EDiS was able to successfully select the low bidder in every category of the project and abided by the City’s requirements for local vendor and Disadvantaged Business Enterprise (DBE) preference.
Mr. Doherty stated that EDiS agreed to manage the project as a Construction Manager at Risk under the condition that a large amount of money is set aside to draw from to cover any inconsistencies in the drawings and any items that may occur during construction of the project that could cause price increases. He noted that there are no shared savings; therefore, if contingency funds remain after the project is completed, the savings will be returned to the City. Mr. Doherty advised members that, prior to finalizing the contracts for the subcontractors, the contractors will be able to recommend voluntary alternates or cost-saving ideas to further reduce the cost of the project.
Responding to Mr. Ruane, Mr. Doherty stated that over 115 bidders responded to the advertisements for bids and 20 separate contracts would be awarded. He noted that there would be a minimum of 35-40 and a maximum of 80-85 individuals onsite during construction.
Responding to Mrs. Williams, Mr. Doherty stated that four (4) DBE contracts, constituting 20% of the cost of the project, will be awarded. He advised members that the number may be higher once the sub-tier contracts are awarded. Mr. Salters requested that an update be provided on the number of actual DBE contracts after the sub-tier contracts were completed.
Staff recommended authorizing the City Manager to enter into a contractual agreement with EdiS Company for a preliminary estimated amount of $16,502,821 for the construction of the project and approving the Library Steering Committee’s request to fit out the Teen Loft. Mr. DePrima advised members that the next matter that City Council will consider related to this project is Furniture, Fixtures, and Equipment, which are currently budgeted at $938,800 and that this matter will be addressed in late 2011 or early 2012.
Mr. Ruane moved to authorize the City Manager to enter into a Construction Manager at Risk contract with EDiS Company for construction management and construction of the Dover Library project for the maximum guaranteed price of $16,502,821. The motion was seconded by Mr. McGiffin.
Referring to the list of Funding Sources provided, Mrs. Williams asked for clarification on the Sale of 45 S. State Street - Use Bridge Loan and Sale of Building - Construction Loan, listed in the “Highly Probable” column. Responding, Mr. DePrima stated that both of these items were placed in the “Highly Probable” column because City Council has control over the sale of the building and some potential buyers have expressed interest. He noted that bridge and construction loans will be obtained to cover the difference between the funding goal and the amount of funds raised to date, which currently amounts to $2,742,239. Mr. DePrima stated it is hoped that $1.2M will be raised from the sale of the building and the remaining funds will be obtained through fundraising. If the full amount is not attained through these means, the remainder will be included in a financing plan.
The motion to authorize the City Manager to enter into a Construction Manager at Risk contract with EDiS Company for construction management and construction of the Dover Library project for the maximum guaranteed price of $16,502,821 was carried by a roll call vote of six (6) yes (Mr. Bonar, Mrs. Russell, Mr. McGiffin, Mr. Salters, Mr. Ruane, and Mr. Hogan), two (2) no (Dr. McGlumphy and Mrs. Williams) (Mr. Leary absent).
Mr. Ruane moved to authorize the City Manager to include the fitting-out of the Teen Loft, in the amount of $169,080, in the contract, seconded by Mr. McGiffin and carried by a roll call vote of six (6) yes (Mr. Bonar, Mrs. Russell, Mr. McGiffin, Mr. Salters, Mr. Ruane, and Mr. Hogan), two (2) no (Dr. McGlumphy and Mrs. Williams) (Mr. Leary absent).
Mr. Hogan announced that he plans to donate $1,000 to the Teen Loft on May 9, 2011 and encouraged any and all members of the community to send donations to the City Clerk’s Office and so that one (1) large donation could be made at that time.
Mr. Bonar stated that the Teen Loft will go a long way toward trying to incorporate public safety improvements that the Safety Advisory and Transportation Committee has been working on with the Police Department.
EVALUATION OF BIDS - DOVER PUBLIC LIBRARY BID PAC A - REVISED FINAL ESTIMATE AND TRUE-UP COSTS
Mr. Anthony DePrima, City Manager, advised members that Library Bid Pac A includes construction of the rear access drive, a retaining wall, and other related improvement for the new Library site adjacent to City Hall. During the initial excavation for the road and the retaining wall, a significant amount of unsuitable soils were discovered by the contractor, Reybold Construction, Inc. No soil borings were conducted in this area of the site as part of site plan process; therefore, these conditions were not anticipated to be found. These expenses were negotiated as part of the change order process. The amount of unsuitable soils required significant undercutting below the retaining wall foundation and the road bed. In addition, all of the material that was removed from the site as a result of the undercutting operation was deemed unsuitable for future use on the project; therefore, a substantial amount of crushed concrete was required to back fill under the access drive and behind the retaining wall. All of this additional work resulted in a substantial change order for this portion of the overall project. The original contract amount for the access drive, retaining wall, and related improvements was $130,000 and the revised true-up cost is $195,000. Construction is approximately 90% complete as of February 15, 2011.
Staff recommended approval of the revised final estimate and true-up costs for this phase of the project in the amount of $195,000 for the payment of construction improvements associated with Dover Public Library - Bid Pac A. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Leary absent).
FIRST READING - PROPOSED ORDINANCE #2011-08 - 2011 AMENDMENTS TO THE 2008 COMPREHENSIVE PLAN
Mrs. Ann Marie Townshend, Director of Planning and Community Development, explained that on January 24, 2011, the First Readings of Ordinance #2011-03 - 2011 Amendments to the 2008 Comprehensive Plan - and Ordinance #2011-04 - Rezoning of Property located at Grove Street and Railroad Avenue were held. At that time, amendments were referred to the Planning Commission and Public Hearings were set before City Council for Monday, March 14, 2011. Due to an error in Public Notice, one of the amendments to the 2008 Comprehensive Plan and the Public Hearing for the rezoning of property located at Grove Street and Railroad Avenue must be rescheduled.
Staff recommended that a Public Hearing be rescheduled before the Planning Commission on Monday, March 21, 2011 at 7:00 p.m. and that a Public Hearing before City Council be set for Monday, April 11, 2011 at 7:30 p.m., at which time the Second Reading and final action by Council will take place. Council President Hogan 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.
Mrs. Williams moved for approval of Staff’s recommendation, seconded by Mr. Salters and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
♦Ordinance #2011-08 Amending the 2008 Comprehensive Plan by replacing Map 12-1: Land Development Plan
COUNCIL MEMBER ANNOUNCEMENTS
Council President Hogan announced that the City of Dover Municipal Election would be held on Tuesday, April 19, 2011 between the hours of 7:00 a.m. and 8:00 p.m. The polling places are: The Elk's Lodge #1903, located at 200 Saulsbury Road for the 1st & 4th Districts; The Seventh Day Adventist Church, located at 647 Wyoming Avenue for the 2nd District; and The Dover Park Recreation Center located at 1210 White Oak Road for the 3rd District. He noted that residents who wish to vote in the City of Dover Municipal Election must be registered to vote with the State Department of Elections by Thursday, March 31, 2011. Mr. Hogan stated that absentee ballots are available and that further information can be obtained by visiting the City of Dover website at www.cityofdover.com or calling the City Clerk's Office at 736-7008.
Mr. McGiffin reminded everyone of the African American Festival scheduled for June 25, 2011.
Mr. McGiffin stated that a fundraiser for the Interfaith Men’s Shelter, featuring music by Celtic Harvest, would be held at the Loockerman Exchange on Thursday, March 17, 2011 from 5:00 p.m. to 7:00 p.m.
Mr. Hogan expressed gratitude to the Police Department, the Fire Department, and the Planning and Community Development Department for their Annual Reports.
Mr. Bonar moved for adjournment, seconded by Mrs. Williams and unanimously carried.
Meeting Adjourned at 8:22 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of February 28, 2011, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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