| Date: | January 10, 2011 |
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 10, 2011 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mr. Leary, Mr. McGiffin, Mr. Ruane, Mrs. Russell, Mr. Salters, and Mrs. Williams. Dr. McGlumphy was absent.
Council staff members present were Deputy Police Chief Bernat, Ms. Russell, Mrs. Townshend, Fire Chief Fortney, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Carey was also 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. Clay Hammond, 505 Troon Road (Delmarva Black Chamber of Commerce), reminded members that some time ago, he had relayed concerns that the City could be more actively promoting diversity in the City’s contracting opportunities and, subsequently, had a very positive meeting with the City Manager on this topic. However, Mr. Hammond noted that at a recent pre-bid meeting for the new library project, the documents provided by EDiS contained no verbage that referenced the City’s desire to increase diversity among suppliers. On behalf of the Delmarva Black Chamber of Commerce, Mr. Hammond relayed concerns that this omission may be problematic. Although he stated that an addendum to the documents is being provided, he felt that if diversity is a priority for the City, this information would have been included in the initial documents. Mr. Hammond suggested that the City be proactive by assuring that verbage relative to diversity is included in such documents in the future.
With reference to the Governor’s Supply and Diversity Council, Mr. Hammond advised members that a final report has been completed and will be presented to the Governor. He suggested that the City review this report and consider recommendations to increase diversity in its supplier base.
In addition, Mr. Hammond announced that a Town Hall meeting will be held on Saturday, January 15, 2011 at Whatcoat United Methodist Church.
The invocation was given by Reverend Lyn Oglesby, United Universalists of Central Delaware, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda as presented, seconded by Mr. Bonar and unanimously carried (Dr. McGlumphy absent).
Mr. Bonar moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 13, 2010
The Minutes of the Regular Council Meeting of December 13, 2010 were unanimously approved by motion of Mr. Bonar, seconded by Mr. Salters, and bore the written approval of Mayor Carey.
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS - PROPOSED PLANNING COMMISSION AMENDMENT #1 TO PROPOSED ORDINANCE #2010-28 - AMENDMENTS TO APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 14 - LIMITED CENTRAL COMMERCIAL ZONE (C-2A) AND SECTION 30 - RECREATIONAL AND OPEN SPACE ZONE (ROS)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, presented Planning Commission Amendment #1 to Proposed Ordinance #2010-28, amending Article 3 - District Regulations, Section 30 - Recreational and Open Space Zone (ROS) of the Zoning Code. The proposed amendment would exempt interment structures in cemeteries from the 30-foot setback requirement from property lines, unless the property line abuts a residential use or if the structure would obstruct visibility at a street intersection.
Mrs. Williams moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mrs. Townshend reviewed Planning Commission Amendment #1 to Ordinance #2010-28 and advised members that the Planning Commission recommended its approval.
In response to Mr. Ruane, Mrs. Townshend assured members that owners of individual properties will still be required to make some provision for parking or provide cash-in-lieu unless the Code is changed in this regard. She advised members that the Downtown Dover Partnership (DDP) will consider modifying the parking requirements to encourage cash-in-lieu rather than site-by-site parking.
Mr. Ruane questioned if spaces in a regional parking garage could be used to meet the parking requirements for more than one (1) structure. Responding, Mrs. Townshend stated that such details would be considered when the parking requirements are reviewed for amendments. She noted that the proposed amendment would allow for the placement of a parking lot as a principal use on a piece of land. Mr. Ruane requested that his concerns be considered when further parking requirement amendments are considered.
Mr. Salters moved for approval of Planning Commission Amendment #1 to Ordinance #2010-28 (Exhibit #1), seconded by Mr. Leary and carried by a roll call vote of seven (7) yes, one (1) no (Mrs. Russell), and one (1) absent (Dr. McGlumphy).
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A) and Section 30 - Recreational and Open Space Zone (ROS) of the Zoning Code (Ordinance #2010-28 with Planning Commission Amendment #1). The proposed ordinance would clarify existing uses in two (2) zones by adding parking lots as a principal use allowed through conditional use approval within the C-2A (Limited Central Commercial) zoning district, and by adding cemeteries as a permitted use within the ROS (Recreational and Open Space) zone. In addition, the proposed amendment would exempt interment structures in cemeteries from the 30-foot setback requirement from property lines, unless the property line abuts a residential use or if the structure would obstruct visibility at a street intersection.
Mrs. Williams moved that the Final Reading of Proposed Ordinance #2010-28, as amended, be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of this Ordinance was accomplished during the Council Meeting of November 22, 2010.)
Mrs. Townshend reviewed the proposed amendments and advised members that the Planning Commission recommended approval of Ordinance #2010-28 with Planning Commission Amendment #1.
Council President Hogan declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Hogan declared the hearing closed.
Mr. McGiffin noted that the original language in the first sentence of the Proposed Ordinance refers to “lot line” and that the proposed amendment, on Line #11, refers to “property line.” Responding, Mrs. Townshend indicated that, for consistency, the wording should be “lot line.”
Mr. Salters moved to remove the word “property” in Line #11 and replace it with “lot,” seconded by Mr. McGiffin and unanimously carried.
Mr. McGiffin moved for the adoption of Ordinance #2010-28, as amended by Planning Commission Amendment #1, and further amended to replace the word “property” in Line #11 with “lot” (Exhibit #2). The motion was seconded by Mr. Bonar and carried by a roll call vote of seven (7) yes, one (1) no (Mrs. Russell), and one (1) absent (Dr. McGlumphy).
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS - PROPOSED ORDINANCE #2010-29 - APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 8 - MOBILE HOME PARK ZONE (MHP)
A public hearing was duly advertised for this time and place to consider approval of Proposed Ordinance #2010-29, amending Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Mobile Home Park Zone (MHP) of the Zoning Code. The proposed amendments would require that, in mobile home parks with private streets, the owner ensures that access to streets, driveways, and mailboxes is provided without obstruction.
Mrs. Williams moved that the Final Reading of Proposed Ordinance #2010-29 be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of November 22, 2010.)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the proposed amendments and advised members that the Planning Commission recommended approval.
Council President Hogan noted that correspondence was received from Mr. Fred Neil, President of Wild Meadows Homeowners Association, in favor of the Proposed Ordinance, and Mr. and Mrs. Charles Faubel in opposition to the Proposed Ordinance (Exhibit #3).
Council President Hogan declared the hearing open.
Mr. Fred Neil, 521 Weaver Drive, President of Wild Meadows Homeowners Association, advised members that, unless the lease states otherwise, the State of Delaware allows manufactured home communities located on leased lands, such as Wild Meadows, to raise rents (without limit) once a year. He reviewed the evidence and fact sheet provided to members, noting the many problems that residents of the Wild Meadows development have experienced with snow removal. He encouraged members to approve the proposed text amendments.
Ms. Agnes Robinson, 56 Molly Court in Wild Meadows, advised members that last year, she and her husband cleared their driveway completely and, moments later, the management plowed their driveway back in at a depth of 26½ inches. She explained that the community consists of senior citizens with health problems who have difficulty removing snow. She relayed support for the proposed text amendments.
Mrs. Donna Faubel, 123 Chelsea Way, indicated her opposition to the proposed text amendments. She explained that, during a blizzard in 2010, her husband, a plumber at Bayhealth Medical Center, was called to work to perform snow removal for a period of time that exceeded 70 hours. Mrs. Faulbel explained that when her husband returned home, he found that over two (2) feet of ice and snow had been deposited at the end of their cleared driveway by City plows that passed through the area. She stated that it took in excess of 3½ hours to clear an area of the driveway that was large enough to enter. Mrs. Faubel stated that if the City is going to give to a community the privilege of clearing snow in a fashion that is not in their written and signed documents, such a privilege should be given to all citizens of Dover.
There being no one else present wishing to speak during the public hearing, Council President Hogan declared the hearing closed.
By motion of Mr. McGiffin, seconded by Mr. Bonar, and by a unanimous roll call vote (Dr. McGlumphy absent), Council adopted Ordinance #2010-29, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Mobile Home Park Zone (MHP), be amended by renumbering Section 8.17 as 8.18 and inserting a new Section 8.17 - Maintenance of Private Streets, to read as follows:
Section 8. Mobile home park zone (MHP).
8.17Maintenance of Private Streets. In mobile home parks with private streets, such streets, driveway access to such streets, access to fire hydrants, and access to central mailboxes shall be maintained by the mobile home park so as to be clear of obstructions including, but not limited to, potholes, snow piles, and debris.
8.18Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations.
ADOPTED: JANUARY 10, 2011
PUBLIC HEARING - BOARD OF ASSESSMENT APPEALS EXEMPTION REPORT - DECEMBER 1, 2010
The Board of Assessment Appeals Exemption Report of December 1, 2010 was provided to members for their consideration.
By consent agenda, Mr. Bonar moved for approval of the recommendations of the Board of Assessment Appeals as provided in the Exemption Report of December 1, 2010 (Exhibit #4). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Council President Hogan announced that since City Council approved the Board of Assessment Appeals’ recommendations for approval of the requests for exemptions, a public hearing is not necessary.
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION AND SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - DECEMBER 6, 2010
A Joint Legislative, Finance, and Administration and Safety Advisory and Transportation Committee Meeting was held on December 6, 2010 with Chairman Leary presiding.
Presentation by Police Chief James Hosfelt - Deployment of Current Manpower
Police Chief James Hosfelt introduced Captain Steve Getek, Administrative Division Commander, and reviewed a Power Point Presentation of the City of Dover Police Deployment of Current Manpower as of October 2010. He stated that Council approved filling one (1) of the four (4) existing vacancies and that the candidate selected is awaiting attendance at the Police Academy. He noted that a request will be submitted to the Legislative, Finance, and Administration Committee on December 13, 2010 to fill another position due to the resignation of an officer. Once these positions are filled, there will be 91 officers on the force.
Police Chief Hosfelt advised members that officers in a platoon work 12 hour shifts (7:00 a.m. to 7:00 p.m. and 7:00 p.m. to 7:00 a.m.) three (3) to four (4) days in a row. In reviewing accomplishments, he noted that although there has been a 17% increase in burglaries, Dover’s clearance rate is 68%, which is three (3) times the national average. Chief Hosfelt also noted a 27% reduction in robberies through October and stated that the City’s clearance rate for robberies is 78% (three (3) times the national average); however, he cautioned members that this number may increase during the upcoming holiday season. He indicated that rapes have declined by 13.5%, with a clearance rate of 97%. Chief Hosfelt stated that there has been a 25.5% decrease in drug arrests and attributed this to the fact that the City’s drug unit has only five (5) members. He explained that the Police Department has worked with the Drug Enforcement Administration on two (2) major cases which required wire taps. Chief Hosfelt advised members that wire taps are federally funded at a cost of $250,000 per occurrence and the Dover Police Department must provide manpower to staff these events. Each wire tap requires the entire drug unit to be committed for a six (6) week period. Since there were two (2) cases, officers were pulled for 12 weeks, which detracted from their productivity. Chief Hosfelt reminded members that 80% of the proceeds seized from drug dealers returns to local law enforcement; however, he indicated that there are restrictions regarding the use of these funds.
Police Chief Hosfelt also noted that there are additional requirements that remove officers from their duties, such as training required by the Delaware Council on Police Training, accreditation, and the need for specialized training.
Chief Hosfelt advised members that the Police Department uses the “Bartell formula” to guide personnel allocation. He explained that a nationally recognized standard recommends that a minimum of 50% of staff time be allotted as unassigned time to permit law enforcement officers to respond to requests for service. He explained that only 29.21% of City of Dover patrol units’ time is currently unassigned.
Discussion - Police Staffing Needs and Associated Costs
In reviewing the payroll costs for police officers, Police Chief James Hosfelt stated that the total cost for 10 officers for the remainder of the fiscal year, from February through June, would be $327,153.85. He reminded members that when preparing the budget, funds were included to cover terminal leave for possible retirements. He advised members that the Police Department does not have any officers planning to retire; therefore, the $327,153.85 is available in the Department’s budget.
Chief Hosfelt stated that there are five (5) police agencies in the State of Delaware that run police academies. He noted that after being hired, officers are required to attend an academy in order to obtain certification. Although the City is capable of administering a police academy, costs are prohibitive; therefore, the Dover Police Department typically sends officers to other academies (Delaware State Police, New Castle County Police, or Wilmington Police). Chief Hosfelt stated that the earliest an academy would be offered would be in mid-February 2011, noting the possibility that this may not occur until mid-April. He advised members that the police academy involves 20 weeks of training, followed by 12 weeks of field training; therefore, a total of eight (8) months of training is required before an officer can be assigned a vehicle and begin working for the Police Department.
Responding to Mr. Leary, Chief Hosfelt stated that academy training may not be required if an officer who was laid off by another jurisdiction is hired; however, the individual would be required to meet the Dover Police Department’s hiring standards. He stated that Dover has a list of potential officers that contains some certified officers who would require a shorter training period.
In response to Mr. Ruane, Chief Hosfelt stated that it was suggested in 2002 that a workload assessment be conducted utilizing the “Bartell formula” but that this was not an accreditation standard. Captain Steve Getek, Administrative Division Commander, further explained that the “Bartell formula” assists in determining the appropriate number of police officers. He stated that the formula indicates that an additional 32 patrol officers would be necessary in order to obtain 50-55% unobligated time. Captain Getek read an Excerpt from the Dover Police Department Workload Assessment Report for 2007 and 2008 (attachment #1 to the committee minutes) to clarify how these conclusions were arrived at.
Mr. Bonar noted that members of Council must make a difficult decision regarding the hiring of additional police officers to provide much needed safety for the citizens of Dover and stated his willingness to take leadership in this regard.
Mr. Anthony DePrima, City Manager, reviewed the tables provided to members regarding details of the Dover Police Department’s staffing levels over the past 10 years. He noted that in 2009, the Police Department had an authorized strength of 93 officers and, although current approved staffing is 91 officers, since one (1) officer recently resigned and two (2) recent hires are scheduled to enter the next police academy, actual manpower at this time is 88.
Responding to Mr. DePrima, Chief Hosfelt indicated that an authorized strength of 93 officers would allow for the number of officers for the community policing, quality of life, and drug units to be restored to the levels maintained in 2009. However, he stated a need for three (3) additional community policing officers (for a total of five (5) officers with this designation) and additional officers for patrol units (to provide a total of 13 officers for each unit). Chief Hosfelt noted that a total of six (6) additional officers was being requested at this time.
At the request of Mr. Ruane, Chief Hosfelt stated that he could obtain information regarding the national ratio requirement for the number of police officers per 1,000 residents.
Mr. Bonar requested that staff determine the amount of increased revenues necessary to accommodate the additional officers requested by Chief Hosfelt and provide the information to members as soon as possible.
In response to Mr. DePrima, Chief Hosfelt assured members that if the patrol units were increased to 13 officers each, there would not be a need for additional vehicles.
Scheduling of Next Meeting
Mr. Leary reminded members that during their meeting of November 15, 2010, Mr. Clay Hammond, Chairman of the Delmarva Black Chamber of Commerce and Vice President of Business Development, Global Diversity Group, announced that a group of concerned citizens were planning a town hall meeting on Saturday, December 11, 2010 from 2:00 - 4:00 p.m. to consider the actions that could be taken to improve safety for children in the City. He requested that the City Clerk’s Office and/or Police Department confirm the meeting, obtain its location, and advise members accordingly.
There being no objections, Mr. Leary requested that staff schedule the next Joint Committee meeting following the town hall meeting and that members be notified as usual.
Public Comment Period (15 Minutes)
Pastor Howard Earle, 224 Bradley Road, stated that he was made aware of gang problems in the City approximately two (2) years ago. He indicated that he has spoken with other communities facing similar issues and indicated the necessity of dealing with such problems immediately. Pastor Earle advised members that approximately three (3) months ago, a drive-by shooting occurred near his residence which resulted in his increased awareness of the problem. He reminded members that the decisions of Council in this regard could save lives.
Mayor Carey advised members that the Mayor’s Office is sympathetic to the needs of the Police Department and supports the Police Chief’s request for additional officers.
Mrs. Williams requested that members support the Police Department in their efforts to address these concerns before they spread and advocated putting the resources needed to get the job done in the hands of trained professionals.
By consent agenda, Mr. Bonar moved for acceptance of the Joint Legislative, Finance, and Administration and Safety Advisory and Transportation Committee Report. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
UTILITY COMMITTEE REPORT - DECEMBER 13, 2010
The Utility Committee met on December 13, 2010 with Chairman Ruane presiding.
Dedication of Rights-of-Way and Public Infrastructure - Stoney Creek (Phases II & III)
The developer of the Stoney Creek Subdivision (Phases II & III), Bay Developers, Inc., requested that all rights-of-way, public open space, and public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a list of all public improvements associated with this subdivision, as well as a map showing the general location and configuration of the subject rights-of-way. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet City of Dover Standards and Specifications for Public Works Construction. All work has now been completed by the developer. A one (1) year Maintenance Agreement, Letter of Credit, and a Release of Liabilities will be submitted by the developer as a part of the dedication process. In addition, as-built drawings were submitted to the Public Services Department for their permanent records.
Staff recommended acceptance of the dedication of rights-of-way public infrastructure for the Stoney Creek Subdivision (Phases II & III), to include all referenced public improvements, as detailed on the List of all Public Improvements provided to members.
Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that the total construction value of the improvements is $1,548,000.
The Committee recommended approval of staff’s recommendation for the acceptance of dedication of rights-of-way and public infrastructure for the Stoney Creek Subdivision (Phases II & III) to include all of the referenced public improvements, as detailed on the List of all Public Improvements (Attachment #1 to the Committee minutes).
Mr. Ruane thanked Mr. Koenig, Mr. Lunt, and all City staff who participated in the South Governors Avenue Project for the hard work and effort involved in helping to bring the project to completion.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).
Review of Utility Related CIP’s (Electric and Water/Wastewater) (October)
Members were provided the Utility-Related (Electric and Water/Wastewater) Capital Investment Plan (CIP) Project Tracking Report for October 2010.
In response to Mr. Ruane, Mr. Anthony DePrima, City Manager, advised members that all of the CIP projects (with the exception of new projects) are included in the PACE/NAES Report. He indicated that the PACE/NAES Report is provided by Mr. Vince Scire, Plant Manager, and is utilized to update the comments and status information provided on the CIP Report. In reference to the Unit 3 Cooling Tower Project (noted on Page 36 of the PACE/NAES Report and Page 5 of the CIP Report), Mr. DePrima noted that this project is complete and Unit 3 and the Cooling Tower are back in service. He stated that the October PACE/NAES Report does not reflect completion of the project; however, it is reflected on the CIP report.
Mr. DePrima reminded members that the status and comments provided on the CIP Report are more current than the dollar amounts, since his practice is to update comments after the end of the month. He assured members that there are no projects that require the Committee’s attention at this time.
In response to Mr. Bonar, Mr. DePrima explained that Hazel Road has been completed, although the final blacktop coat has not been laid. He stated that he would provide details regarding the expected completion of the blacktop. Responding to Mr. McGiffin, Mr. DePrima stated that parking restrictions will resume on Hazel Road and residents have been notified of the completion of the project.
Mr. Ruane requested that staff provide a more detailed list of water quality projects in the next report.
The Committee recommended acceptance of the Utility Related CIP’s (Electric and Water/Wastewater) Report.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
PACE/NAES Monthly Report (October 2010)
The PACE/NAES Monthly Report for October 2010 was provided to members to enable them to monitor electric sales and revenues received, which will provide a better understanding of any fluctuations that occur and allow the opportunity to make improvements if deemed necessary.
At the request of Mr. Ruane, Mr. Anthony DePrima, City Manager, advised members that the contract between the City of Dover and PACE/NAES will soon expire. (City Clerk’s Office Note: The City’s current contract with PACE/NAES will expire on June 30, 2011.) Although the City has a good relationship with PACE/NAES, Mr. DePrima explained the importance of keeping this service competitive. He stated that bids have been solicited through the City’s Utility Attorney, Mr. Kirk Betts, for the services currently being provided by PACE/NAES. Mr. DePrima noted that several bids were submitted and will be reviewed and presented to the Committee and Council for consideration and final approval in March 2011.
Mr. Ruane commended staff for taking a proactive approach in this matter.
The Committee recommended acceptance of the PACE/NAES Monthly Report for October 2010.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Update - Green Energy Funding and Programming
Mr. Ron Lunt, Public Utilities Director, provided and reviewed a corrected Green Energy Funding and Programming Update - Stimulus Funding (Attachment #2 to Committee minutes). He advised members that he was recently made aware of significant revisions the State has made regarding the limits and the structure of the program. Mr. Lunt indicated that the State will change from a dollar-based grant program to a kW-based program and that this change will have little financial effect on the City. Once further information regarding the change is received, he assured members that this information will be provided.
Responding to Mr. Ruane, Mr. Anthony DePrima, City Manager, stated that, to his knowledge, the Sustainable Energy Utility (SEU) does not provide grants to municipalities, although a loan program is available. He indicated that the SEU has programs targeted to individuals, for example, a program for homeowners to apply for lighting rebates. Mr. DePrima noted that a link to the SEU’s website is available on the City’s website and that the City and the SEU continue to pursue the concept of performance energy contracting.
Mr. Bonar encouraged direct communication with the SEU when possible, explaining his understanding that the SEU has experienced challenges in organizing their program, disbursing funds, etc.
The Committee recommended acceptance of the Update on Green Energy Funding and Programming.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
By consent agenda, Mr. Bonar moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 13, 2010
The Legislative, Finance, and Administration Committee met on December 13, 2010 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.
Permission to Recruit - Police Officer
Police Chief James Hosfelt reviewed a request to recruit for a Police Officer. He noted that this vacancy was created due to the recent resignation of a Police Officer.
The Committee recommended approval of the request to recruit for a Police Officer, as recommended by staff.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Permission to Recruit - Public Utilities Operations/Construction Manager
Mr. Ron Lunt, Public Utilities Director, reviewed a request to recruit for a Public Utilities Operations/Construction Manager in the Public Utilities Department and advised members that the previous employee in this position retired last spring. He explained that staff attempted to continue working without filling the position; however, this proved challenging. Mr. Lunt stated that there are no current employees, particularly in the Water/Wastewater Division, who have the managerial experience necessary to keep projects moving forward. Although another employee (an engineer) attempted to assume these responsibilities, Mr. Lunt stated that the work is outside of his skill set. In addition, he noted that this individual has received a letter of deployment for May 2011 and will be stationed overseas for approximately one (1) year.
The Committee recommended approval of the request to recruit for a Public Utilities Operations/Construction Manager, as recommended by staff.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Permission to Recruit - Electric Ground Worker
Mr. Ron Lunt, Public Utilities Director, reviewed a request to recruit for an Electric Ground Worker in the Transmission and Distribution (T&D) Division of the Public Utilities Department. He stated that a vacancy was created when an Electric Ground Worker was transferred to the Public Services Department.
The Committee recommended approval of the request to recruit for an Electric Ground Worker, as recommended by staff.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Draft Comprehensive Annual Financial Report (CAFR)
Mrs. Donna Mitchell, Controller/Treasurer, reviewed the draft Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2010, which was also provided to the City’s audit firm, Faw, Casson, & Company, LLC. She reviewed the comments received from the City’s auditors regarding their preliminary notification of internal control issues observed during their audit.
Dr. Jones suggested that staff inform all employees of the new requirements regarding the deadline for submission of retirement paperwork, relaying concerns that information is not always disseminated from department heads.
Mrs. Mitchell provided a broad overview of the CAFR and an explanation of major highlights.
Mr. Ruane noted that Page 3 references population estimates from the Delaware Population Consortium, as well as the 2000 U.S. Decennial Census, and that Page 139 references only the 2000 Census. If possible, he suggested that staff consider utilizing the Delaware Population Consortium data to better reflect the real population of the City. He noted that the use of the Census data skews the ratio of the net bonded debt to the City’s population.
Referring to Page 132, Mr. Ruane suggested that staff include 2010 property tax rates.
Responding to Mr. Ruane, Mrs. Mitchell noted that the City’s outstanding debt will be reduced by approximately $80,000 by 2015 and that, as of 2017, the City’s current outstanding indebtedness for the General Obligation (GO) Bonds will be completely paid (as indicated on Page 68). She stated that this is the only debt service the General Fund has at this time. Furthermore, Mrs. Mitchell indicated that, although a comparison to other governments has not been performed, the City’s debt service is low.
Mrs. Mitchell stated that the final CAFR must be submitted to the Government Finance Officers Association (GFOA) by December 31, 2010 and that Council will receive a final copy in January 2011.
The Committee recommended acceptance of the Draft Comprehensive Annual Financial Report (CAFR).
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Review of Council Memberships
Members were advised that certain memberships are included in Council’s budget and that, once these memberships are approved through the budget process, payments are processed as renewals are submitted. Since these expenses are reflected in Council’s budget, it was suggested that the expenditures for continued membership be reviewed and approved.
For Fiscal Year 2010/2011, City Council’s budget included $12,198 for subscriptions and dues. This amount is based on the previous year’s costs or, when provided, a cost adjustment. The specific membership dues for this Fiscal Year are as follows:
League of Local Governments - Annual Membership Renewal - $ 6,000
National League of Cities - Annual Membership Renewal - 3,258
Delaware State Chamber of Commerce - 856
Central Delaware Chamber of Commerce - 875
Miscellaneous (Magazine Subscriptions, etc.) - 200
Total $11,198
Mr. McGiffin advised members that overtly political communications are sometimes received during the budget preparation and election “seasons” and relayed his concerns regarding the utilization of tax dollars for membership dues to organizations that engage in political activity. He suggested that members be thoughtful and deliberative in determining which organizations Council will join, particularly when tax dollars are used to pay dues. Mr. McGiffin recommended that Council not pay membership dues to the Delaware State Chamber of Commerce (DSCC) and the Central Delaware Chamber of Commerce (CDCC) due to his feeling that these organizations are increasingly involved in political activities. He suggested the possibility of Council resigning immediately from these organizations and requesting a pro rata refund of dues already paid.
Mr. Ruane referred to relevant emails and other notices provided to members (Attachment #1 to Committee minutes) and indicated his concurrence with Mr. McGiffin’s concerns. He stated that City funds should be used only for those memberships that are truly beneficial to the advancement of the causes for which the City and its government were established to accomplish.
Mr. Bonar reminded members that the City has a long history of involvement and participation with the CDCC and local Chambers of Commerce at a variety of levels. He noted that the late Mayor Crawford Carroll was one of the main proponents of City and Chamber interaction. Due to the associations developed between the members of the Chambers, City Council, and City government, many business activities have transpired in the City which have been beneficial to the City’s tax base and citizens. It was Mr. Bonar’s hope that the City would continue to maintain membership with these organizations so that integral resources can be developed and interactions can be fostered between City government and the business community. However, he recommended that the City remind the Chambers that the City’s participation is voluntary and that the City does not condone involvement in political activities.
Council President Hogan relayed his concerns with the emails sent which encourage individuals to express their disagreements with the City. It was his opinion that these organizations were actively recruiting and working against the City of Dover. He stated his opposition to paying tax dollars to organizations that are working against the City in this manner.
Mr. Leary voiced his support of the organizations and the benefits of membership. He suggested that members continue to authorize the City Clerk to include these memberships dues in the upcoming proposed budget, which would allow members the opportunity for further review during the budget process. In the meantime, he suggested that an outreach effort be made to resolve any problems the City may have with the organizations involved.
Responding to Mr. McGiffin, Mr. DePrima advised members of the benefits offered by the CDCC, such as leadership programs, the Mayor’s attendance at Board Meetings, etc. He was not aware that the City was a member of the State’s Chamber of Commerce. Mr. DePrima stated that the Delaware League of Local Governments (DLLG) provides a variety of services to members, including educational and other information, lobbying, monthly educational meetings, etc. He was not aware of any local issues involving the National League of Cities (NLC); however, it was noted that some members of Council attend the NLC annual convention.
In response to Mr. Bonar, Mr. DePrima stated his feeling that there was not much collaboration from the CDCC during the budget hearings; however, he advised members that the Chamber offered to meet with City staff to assist in budget development. He stated that a meeting was held with the Executive Director and President to determine how the City could allow for better public participation through the budget process. As a result, the Chamber will create an expert advisory committee that will work with City staff in the preparation of the City’s budget.
Dr. Jones suggested the possibility of staff contacting representatives of the CDCC to voice the concerns of the City prior to severing the relationship. Responding, Mr. DePrima stated that when he met with the CDCC Executive Director and President, he mentioned that there were concerns and assured them that they would have an opportunity to address members; however, since he was not aware that this matter was scheduled for this meeting, they were not contacted nor invited to provide input.
Dr. Joel Halpern, member of the CDCC, advised members of the many benefits provided by the organization, which serves as a voice for businesses and is instrumental in bringing businesses to the community.
Mayor Carey felt it important for the City to continue memberships with these organizations and mentioned some of the various benefits provided to the City in this regard, noting that the City receives information regarding current issues.
The Committee recommended that the matter be tabled to allow the opportunity for the Central Delaware Chamber of Commerce (CDCC) and other organizations to address members regarding the benefits of membership.
Mr. Leary requested that staff reach out to the organizations involved and provide them the opportunity to address members to explain the benefits of memberships.
By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
By consent agenda, Mr. Bonar moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
MONTHLY REPORTS - NOVEMBER 2010
By motion of Mr. Bonar, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor’s Report
City Manager's Report
City Planner’s Report
Dover Fire Department Report
MONTHLY CAPITAL INVESTMENT PLAN (CIP) REPORT - NOVEMBER 2010
By consent agenda, Mr. Bonar moved for acceptance of the Monthly CIP Report for November 2010, seconded by Mr. Salters, and carried by a unanimous roll call vote (Dr. McGlumphy absent).
EVALUATION OF BIDS - TRANSMISSION RELAY AND COORDINATION CONTRACT
Members were advised that the Electric Engineering Division of the Public Utilities Department solicited a Request for Qualifications/Request for Proposals for a Transmission and Coordination Contract. Mr. Anthony DePrima, City Manager, advised members that the City has historically experienced unnecessary transmission line outages as a result of problems related to the transmission line protection system. He explained that this project will systematically examine the entire transmission protection system, including evaluating all current relay settings, ensuring proper relay coordination, and confirming/testing all existing wiring/components to ensure proper operation. Mr. DePrima noted that the field investigation will involve testing CT ratios, equipment inputs, wiring, and trip scheme and the relay coordination study portion of the project will analyze the trip schemes to ensure that the outage is limited to the line section that is experiencing the fault.
Mr. DePrima explained that, after analyzing the proposals submitted, staff determined that TRC, Inc. was the most qualified and economical candidate for the project. He noted that TRC, Inc. submitted an hourly rate of $135 for relay/control drawing review and an hourly rate of $135 for field investigation. Mr. DePrima reminded members that in September 2010, Council approved the purchase of ETAP Software for $56,252. He indiciated that, with a total of $500,000 budgeted, there is a remaining balance of $443,748; therefore, approval of the contract would be for an amount not to exceed $443,748.
Mr. DePrima noted that the City will require TRC, Inc. to use ETAP to examine/evaluate the relay settings, coordination, and other aspects of the existing protection scheme. He indicated that the ETAP software enables City staff to build a distribution model to add to this “corrected” transmission model. Mr. DePrima stated that, consequently, City staff will be able to conduct system studies, modify/install the correct relay settings in the substations, and modify/install the correct fuse size in the distribution protection/isolation system to ensure maximum customer reliability.
Staff recommended awarding the contract to TRC, Inc., under the terms of their proposal.
Mr. Ruane moved for approval of staff’s recommendation to award the contract for Transmission Relay and Coordination to TRC, Inc., under the terms of their proposal. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
ADVANTECH CONTRACT AUTHORIZATION - DOWNTOWN SURVEILLANCE CAMERA PLACEMENT PHASE 2
Mr. Anthony DePrima, City Manager, reminded members that a plan was developed to place surveillance cameras in key locations in an effort to improve safety in the downtown area. He explained that the first phase of the project was funded last fiscal year through the City of Dover and the Downtown Dover Partnership (DDP) and that, in 2010, six (6) cameras were placed at locations selected by the DDP Parking Committee in cooperation with the Dover Police Department. Members reviewed a map depicting the locations of these cameras (noted in yellow). Mr. DePrima noted that the video is digitally recorded and monitored at the Dover Police Station.
Mr. DePrima stated that staff is proposing the installation of four (4) additional cameras and noted that the locations of these cameras was depicted on the map provided (noted in red). He stated that the City contracted with Advantech for the first phase of the project, their work was found to be satisfactory in the past, and they have been very responsive to the City’s needs. Staff recommended that Advantech continue with the second phase of the contract as a sole source vendor so that all the camera technology and networks would be fully integrated.
Staff recommended that the Mayor be authorized to sign a contract with Advantech in the amount of $31,500 for the installation of four (4) additional surveillance cameras.
Mr. Salters requested that, in addition to locating cameras at either Reed and New Streets or Reed and Queen Streets, as mentioned by Mayor Carey, the Police Chief consider the area of North New Street at Fulton Street.
Noting that cameras have been in operation since 2010, Mr. Ruane questioned if there has been any data collected in terms of results. Responding, Mayor Carey stated that there was an incident involving damages to a parked vehicle and that the cameras provided details regarding the vehicle that caused the damage, which resulted in an arrest.
In response to Mr. Ruane, Deputy Police Chief Bernat indicated that the archives are accessible only to the Police Department.
Mr. Salters moved for approval of staff’s recommendation that the Mayor be authorized to sign a contract with Advantech, in the amount of $31,500, for the installation of four (4) additional surveillance cameras, seconded by Mr. Bonar and carried by a unanimous roll call vote (Dr. McGlumphy absent).
Mr. Bonar requested that the Police Department begin developing documentation regarding the benefits that have been provided by the cameras.
APPOINTMENT RECOMMENDED BY MAYOR CARLETON E. CAREY, SR. - DOVER HUMAN RELATIONS COMMISSION - G. THOMAS STEELE (TO FILL THE UNEXPIRED TERM OF ANLEE BACCIO-WALKER - TERM TO EXPIRE FEBRUARY 2012)
Mayor Carleton E. Carey, Sr., recommended the appointment of Mr. G. Thomas Steele to serve on the Dover Human Relations Commission for a term to expire February 2012 (to fill the unexpired term of Anlee Baccio-Walker).
By consent agenda, Mr. Bonar moved for approval of the appointment of Mr. G. Thomas Steele to serve on the Dover Human Relations Commission, as recommended by Mayor Carey. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Dr. McGlumphy absent).
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of December 13, 2010.
Proposed Ordinance #2010-30 - Budget Amendments
Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried.
Mr. Ruane explained his opposition to the budget amendment, citing Page 6, Line 197, Prior Year Balance. He noted that, if adopted, the Ordinance will allocate $1,451,589 for no critical purpose except to increase the prior year’s balance, which already meets the policy standard. He indicated that he considered this a missed opportunity to return a refund to the rate payers in the form of a power cost adjustment.
Mr. Leary moved for adoption of Ordinance #2010-30 (Exhibit #5), seconded by Mr. McGiffin and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Dr. McGlumphy).
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. McGiffin reminded members to mark their calendars for June 25, 2011 for the next African American Festival.
Mr. Salters announced that a meeting will be held on January 20, 2011 at 7:00 p.m. at the Kirkwood Community Center, 54 S. Kirkwood Street, to discuss issues pertaining to safety and concerns regarding the City’s youth. He encouraged all to attend.
Mr. Ruane noted that there was a recent fire near his residence and that the response from the Fire and Police Departments was prompt. He commended both departments and relayed his appreciation for their response.
Mr. DePrima advised members of the possibility of a snow storm beginning Tuesday evening, January 11, 2011. He reminded everyone to move cars that are parked on snow routes and urged everyone to attempt to move cars off the streets throughout the City.
Mr. Bonar noted that there is difficulty recruiting and retaining volunteers for fire departments in Dover and State-wide. He stated that volunteer fire departments save the State of Delaware approximately $209,000,000 in local tax revenues.
Mrs. Russell thanked the Dover Police and Fire Departments for their contributions in making the Community Youth Christmas Party a success and for the support they have provided to youth in the community.
Mr. Salters announced that a Martin Luther King, Jr. National Holiday Program will be held on January 17, 2011 at 12:00 noon at Delaware State University. He stated that the Alpha Phi Alpha Fraternity will hold the Martin Luther King, Jr. Breakfast at 7:00 a.m. on January 17, 2011, at the Modern Maturity Center and the distinguished speaker will be Reverend Ellis Louden.
Council President Hogan relayed appreciation for those who contacted him to express their concerns regarding his brother.
By unanimous consent, the meeting adjourned at 8:14 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 10, 2011, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Planning Commission Amendment #1 to Ordinance #2010-28
Exhibit #2 - Ordinance #2010-28 (with Planning Commission Amendment #1), as amended
Exhibit #3 - Correspondence Regarding Proposed Ordinance #2010-29
Exhibit #4 - Board of Assessment Appeals Exemption Report of December 1, 2010
Exhibit #5 - Ordinance #2010-30 - Budget Amendment