REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 10, 2009 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mrs. Tieman, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
Mr. McGlumphy moved for approval of the consent agenda, seconded by Mrs. Russell and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 27, 2009
The Minutes of the Regular Council Meeting of July 27, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mrs. Russell and bore the written approval of Mayor Carey.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 101 MONT BLANC BOULEVARD, OWNED BY BARIGLIO CORPORATION
A public hearing was duly advertised for this time and place to consider rezoning of property located at 101 Mont Blanc Boulevard (southwest corner of Walker and Saulsbury Roads), consisting of 2.61+/- acres, owned by Bariglio Corporation. The property is currently zoned C-PO (Commercial/Professional Office) and COZ-1 (Corridor Overlay) and the proposed zoning is C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay).
Mr. McGiffin moved that the Final Reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of June 22, 2009).
Planner's Review
Mrs. Townshend, Director of Planning and Inspections, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). She noted that the Planning Commission recommended denial of the rezoning request.
Members were advised that a petition (Exhibit #2) in opposition of the rezoning was received by the City and, based on staff’s analysis and the requirements of Del Code Title 22, §305, the petition is valid and an affirmative vote of ¾ of City Council (7 members) is required to approve the rezoning request. Mrs. Townshend also noted that since the Planning Commission recommended denial of the rezoning, should Council approve the rezoning, those members voting in the affirmative would be required to state their reasons.
Responding to Mr. Ruane, Mrs. Townshend indicated that the Hamlet Shopping Center is located adjacent to and north of the subject property. She stated that the Center currently has a degree of vacancy and is not one of the more vibrant commercial centers in the City.
Public Hearing
Council President Williams declared the hearing open.
Mr. Greg Moore, Principle with Becker Morgan Group - 309 S. Governors Avenue, stated that his firm serves as the architect and engineers representing the Bariglio Corporation on this project. He advised members that the rezoning request is consistent with the Comprehensive Plan and that City staff had recommended approval of the request. He explained that the owners have not been successful instituting an office project for the property and that the proposed project would actually be a downsize from a 2-story medical professional office project to a multi-use development to consist of commercial and professional office.
With reference to the Hamlet Shopping Center, Mr. Moore indicated that the Center was established prior to the creation of the Corridor Overlay Zone, which provides for more requirements and restrictions, such as the requirement for significant landscaping, architectural elevations, etc. and suggested that this project not be compared to the Hamlet Shopping Center since the proposed project would be subject to the newer and more strict zoning.
Mr. Anthony Bariglio, Principle in Bariglio Corporation - 702 Ambleside Court in Wilmington, distributed a pamphlet (Exhibit #3) depicting a current project, Brandywine Pavilion, located in Wilmington with similarities to the proposed project. He briefed members on the success of projects developed by Bariglio Corporation and explained that this success is due to the properties being managed on a daily basis.
Ms. Lois Byassee, 104 Matterhorn Drive - resident of Four Seasons, reiterated the residents opposition to the proposed rezoning and questioned why only four (4) of the property owners were notified of the proposed rezoning request. She advised members that residents were aware that the property was zoned for commercial; however, they understood that the zoning would not include retail. She relayed concern regarding the effect the rezoning could have on the residential properties in the neighborhood.
Mr. Bruce Morris, 60 Eiger Court - resident of Four Seasons, explained the current traffic issues in their development, as well as trash, people disrespecting property, etc. He stated that the development is currently nice and quiet and relayed concerns that the rezoning would only create more traffic and a risk for the children who attend the daycare in the area.
Ms. Mary Monroe, 102 Madilyn Drive - resident of Four Seasons, explained that when the residents purchased their property, they were moving to a small neighborhood. She advised members that there has recently been an increase in vehicular traffic, a substantial increase in pedestrian traffic, increase in crime, decrease in property value, a lack of adequate security, and an overall decline that can happen to the community. In addition, she stated that there has been illegal parking and a potential of excessive commercial development. The residents wish to continue their plan to live in a wonderful community and not one that has stores or other businesses that create traffic throughout the day. Ms. Monroe requested that members of Council support the residents and maintain the community by not making any changes.
Mr. Dennie Dunn, 35 Arlberg Circle - resident of Four Seasons, questioned if the project is developed, what would happen to the Hamlet Shopping Center. He noted the undesired activities currently taking place at the Hamlet Shopping Center and felt that the proposed project would only add to the problems. He stated that if the residents had known that there may be a change in the use of the surrounding and adjacent property, many of them would not have chosen to move in the development.
Ms. Trudy Davis, 60 Aiger Court - resident of Four Seasons, stated opposition to the rezoning request and reiterated the current issues faced by the residents. She explained that approval of the rezoning request and then development of the property would only exacerbate the problems.
Ms. Jane Downs, 438 Court Street - trustee of Whatcoat United Methodist Church, advised members of traffic concerns along Saulsbury Road and that the rezoning of the property could increase these concerns. She also advised members that the church was not notified of the rezoning request.
There being no one else wishing to speak, Council President Williams declared the hearing closed.
Mr. Hogan moved to deny the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - ORDINANCE #2009-12 - PROPOSED ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider proposed zoning text amendments that would amend the parking regulations based on current parking needs; adjust parking requirements for several uses, increase the allowance for cash-in-lieu of parking in the downtown area, and add a requirement for bicycle parking. The proposed ordinance would amend Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One-family Residence Zones, Subsection 1.15 - Accessory Uses and Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 3 – Required Off-street Parking Spaces.
Council President Williams advised members that since the consideration of the proposed zoning text amendments was tabled by the Planning Commission, the Public Hearing/Final Reading must be rescheduled. Staff recommended rescheduling the Public Hearing for September 14, 2009 at 7:30 p.m.
Mr. Leary moved to rescheduled the Public Hearing before City Council for September 14, 2009 at 7:30 p.m., as recommended by staff. The motion was seconded by Mr. Salters and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 27, 2009
The Legislative, Finance, and Administration Committee met on July 27, 2009 with Chairman McGlumphy presiding.
Proposed Resolution No. 2009-16 - Temporary Signs for South Governors Avenue Businesses During Road Construction
Mrs. Townshend, Director of Planning and Community Development, reviewed Proposed Resolution No. 2009-16, stating that the purpose of the Resolution is to allow temporary signage for businesses along the South Governors Avenue corridor to help them identify their location and entrances during construction. Improvements to South Governors Avenue are currently underway and, while the long-term impact of the project on businesses will be positive, the construction is creating severe difficulties for a number of businesses in the corridor. The construction is moving north to the second phase, which encompasses land (and businesses) entirely within the City of Dover. Some businesses are in need of temporary signage during the construction to identify their location and/or their entrance. Since the Zoning Ordinance does not permit temporary signage for more than 30 days, in order to allow signage to help businesses during this challenging time within the corridor, the Planning Staff drafted a Resolution to allow permits to be issued for temporary signs that do not comply with the requirements of the Zoning Ordinance. This is similar to Resolution 2008-16, which was adopted on September 22, 2008, that allows the Planning Department to issue permits for legal non-conforming signs to be relocated once construction is complete.
This measure is necessary at this point in time, as many of the businesses impacted by the first phase of construction were not within the corporate limits of the City of Dover and were, therefore, not subject to City regulations regarding signage. Although not within the City of Dover, businesses located within Phase One of the project have been seriously impacted by the construction. Proactively addressing this issue before it becomes a crisis for businesses will help to mitigate some of the severity of the impact on businesses.
Mr. Ruane asked if commercial signs in residential areas would be permitted under the Resolution, stating his belief that this would not be environmentally sensitive. He felt that signs should only be placed on commercial properties at their normal place of business. Mrs. Townshend stated that the resolution would allow placement of signs on commercial and residential properties.
It was Mr. Salters’ belief that if construction is causing disruption to small businesses in the area, the City Planner should have the authority to allow sign placement on any property, residential or commercial, related to the construction. Concurring with Mr. Salters, Mr. Leary stated that he felt the Committee should have faith in the judgement of staff to strategically place signs.
In response to Mr. Ruane, Mrs. Townsend explained that some of the residents of South Bradford Street have expressed concerns regarding Dr. Halpern’s property at 885 South Governors Avenue. She stated that this property, which has frontage on South Bradford Street, has been given a temporary access to South Bradford Street due to the construction. An entrance sign was placed on South Bradford Street, which was addressed as a code enforcement issue; however, it was her belief that it would be logical to place a small, temporary sign to indicate the location of the entrance to the establishment during construction.
Mr. Ruane expressed his support for temporary signage; however, he reiterated his concerns regarding extending permission to place commercial signs in residential areas, stating that there are other commercial properties on Governors Avenue with frontage on South Bradford Street who may also want to place signs there.
Mr. John Paradee of Prickett, Jones and Elliot, speaking on behalf of a number of Governors Avenue businesses which are represented by his office, explained that business owners on Governors Avenue, south of the bridge being constructed, have been adversely impacted by the construction and have had “headaches” in trying to direct customers to their businesses. He anticipates that these problems will continue as the project moves north and requested flexibility and consideration from the City to try to avoid these hardships as the project continues. He emphasized that the signage would be temporary and would be removed when construction is complete. Mr. Paradee expressed his confidence that Mrs. Townshend could exercise discretion and judgement to ensure that the measure would provide relief only to those businesses that genuinely need it.
In response to Mr. McGlumphy, Mr. Paradee stated that a meeting with residents regarding Dr. Halpern’s property was scheduled for later in the week and that he would encourage other business owners to build rapport with residents. He stated that he is optimistic that Dover citizens and businesses can work together and build relationships through this project.
Ms. Judy Diogo, President of the Central Delaware Chamber of Commerce, stated that the Chamber began working with merchants at the south end of Governors Avenue when the bridge project began. She indicated that the bridge construction has been “almost catastrophic” for these businesses, as there were no mechanisms in place to assist them during construction. She requested that the Committee pass the Resolution to assist business owners affected by the next phase of construction. Ms. Diogo agreed with Mr. Paradee that Mrs. Townshend would be respectful of the residents and businesses in the area. She also emphasized that the signs would be temporary and would be removed after the project was finished. In response to Mr. McGlumphy, Ms. Diogo stated that Chamber representatives would be happy to meet with residents to discuss any problems that arise related to signs.
Mr. Bill Holden, owner of Holden Dodge-Chrysler-Jeep at 640 South Governors Avenue, stated that he is a long-time commercial property owner and a former resident of the South Governors Avenue area and is sympathetic to the concerns of both business owners and residents. He stated that, as a business owner, he would not advocate access for his customers through residential streets; however, he agreed that the consequences of construction have been “near catastrophic or catastrophic” for businesses in the vicinity of the bridge and expressed his trepidation about the next phase of construction. He encouraged the Committee to allow the City Planner to make exceptions to the signage policy to give businesses some relief on a temporary basis and indicated his willingness to participate in group meetings that might be helpful.
The committee recommended the adoption of Resolution 2009-16, which would allow the City Planner to grant temporary, non-conforming signage for businesses on South Governors Avenue during road construction.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and by a unanimous roll call vote, Council adopted Resolution No. 2009-16, as follows:
A RESOLUTION AUTHORIZING THE CITY PLANNER TO ADMINISTRATIVELY APPROVE TEMPORARY, NON-CONFORMING SIGNAGE FOR BUSINESSES ON SOUTH GOVERNORS AVENUE DURING THE ROAD CONSTRUCTION PROJECT
WHEREAS, the Delaware Department of Transportation is making significant changes to South Governors Avenue, which will ultimately benefit businesses along the corridor; however, businesses along South Governors Avenue will experience negative impacts during the road construction phase due to traffic diversion and congestion; and
WHEREAS, the City of Dover supports businesses and is sympathetic to the impacts of the road construction on the business community; therefore, the Dover City Council believes that temporary signage to assist the public in accessing businesses on South Governors Avenue is a benefit to the public and to the businesses; and
WHEREAS, Dover City Council has determined that the City Planner and her staff should have flexibility in approving temporary signage that helps the public locate businesses on South Governors Avenue during the road construction even though such signage may not conform to regulations on temporary signage specified in the Zoning Ordinance; and
WHEREAS, the approval by the City Planner and her staff for temporary signage during the South Governors Avenue construction project shall be conclusive for the property and/or business owner to maintain such temporary signage at its approved location until road improvements are completed in the vicinity of the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1.That the City Planner and her staff shall oversee the placement, location, and sizing of temporary signage for businesses along South Governors Avenue to ensure that motorists have safe and convenient access to such businesses during the road construction. Such temporary signage shall be permitted to remain throughout the duration of the road construction project in the vicinity of the affected business.
ADOPTED: AUGUST 10, 2009
Review and Recommendation - Filling of Critical Positions
During their meeting of February 23, 2009, members recommended approval of the 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 are no positions to consider, the item could be removed.
Mr. Carter, Director of Parks and Recreation, reviewed a request to fill a part-time Service Center Clerk position at the John W. Pitts Center. He stated that the vacancy is an evening/weekend position required to operate programs, provide proper coverage of the building, and ensure that the facility and all users are safe.
Mr. DePrima, City Manager, stated that he rarely forwards requests to fill positions; however, he felt that this request should be considered because the incumbent assists in allowing the Pitts Center to operate during evening and weekend hours when much of the Center’s revenue is generated.
In response to Mr. Salters, Mr. Carter confirmed that this is a vacancy that would be filled and not a newly created position. Mr. Salters stated that he felt that the position should be filled, in view of the fact that money would be lost due to the vacancy.
Responding to Dr. Jones, Mr. Carter stated that the prospective employee would work the same number of hours as the previous employee, with the exception of a four (4) hour reduction due to the current City employee furlough policy.
Mr. McGlumphy stated that he believed that the position was justified, as it would generate revenue for the City. He cautioned members that, until the economic situation improves, decisions of this nature should be made very carefully.
The committee recommended that staff be granted permission to recruit/fill the position of part-time Service Center Clerk.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Phase II of the MAG Study
During their meeting of June 22, 2009, staff provided a handout containing an Organization of Recommendations related to Phase II of the MAG Study with proposed changes grouped according to subject area. Mr. McGlumphy reminded members that there would be no action taken on the matter at this time and that the study will continue to be returned to the table until all six (6) exhibits related to the report can be reviewed. The committee removed the matter from the table.
A continuation of the review of the MAG study recommendations was presented by Mrs. Hawkins, Director of Human Resources, as follows:
Evaluation Design Changes
MAG Recommendations # 9 and #15 - Mrs. Hawkins indicated that, in discussing performance evaluations with staff, MAG learned that there is a consensus that the five (5) core competencies (six (6) for supervisors) contain redundancies. MAG recommended that a committee be formed to discuss whether core competencies can be reduced to make them more understandable and to reduce redundancy. She stated that, currently, seven (7) to eleven (11) bullet points which define the competency are listed under each core competency. MAG feels this is cumbersome and that competencies should be broken down into subcategories which are clarified by a maximum of two (2) to three (3) bullet points.
Mrs. Hawkins explained that MAG Recommendations #9 and #15 are linked; one contains recommendations for employees who do not report directly to Council and one is for employees who are under Council’s direct supervision. MAG recommended this change for both categories of employees. She stated that MAG provided an example of the proposed change on Page 5-11 of the report. Mrs. Hawkins stated that, as a new supervisor, she believes that this change would make the evaluation process quicker and less redundant.
MAG Recommendation #18 - Mrs. Hawkins stated that this recommendation would add adherence to the guidelines of the Pay for Performance (PFP) protocol to the core competencies for all supervisors.
Employee Recommendation #4 - Mrs. Hawkins explained that this suggestion was added at the request of employees who felt weighing goals should be explored so that goals deemed to be more challenging and time sensitive are weighted more heavily than simpler goals that can be postponed. She stated that, if implemented, this change will require modification in the PFP software module and this recommendation will be considered by an evaluation committee that will be created.
In response to Mr. Hogan, Mrs. Hawkins stated that Council would be welcome to serve on the evaluation committee, in addition to City staff.
Responding to Mr. McGlumphy, Mrs. Hawkins indicated that MAG acknowledges that the evaluation process has become cumbersome and recommends these items be adopted to help streamline the process.
The committee tabled further consideration of the MAG and employee recommendations until the next meeting.
Closing of Civilian Pension Plan
Mrs. Mitchell, Controller/Treasurer, reviewed a presentation entitled “Closing of the Civilian Pension Plan”. She stated that, due to the plan’s current funding status and the current economic situation, her recommendations are to: 1) close the existing defined pension plan to new hires and possibly to those employees who are currently enrolled in the 401(a) plan who are seeking to buy in to this plan retroactive to their date of hire; 2) establish a new defined benefit pension plan; and 3) keep a 401(a)/457 plan option for portability, with the requirement that a witnessed and notarized affidavit be obtained from employees choosing this option.
Responding to Mr. Salters, Mrs. Mitchell explained that if Council chose to close the current plan, current employees would not be affected. The existing plan would be closed to new hires and a new plan would be established. She indicated that allowing employees to retroactively enter the defined benefit plan would have a potential budget impact of slightly less than $808,054. Mrs. Mitchell stated that closing the plan to new hires is another option that Council could consider. She felt that opening a new defined benefit plan could be beneficial to the City and help those employees who do not have a defined benefit plan. Mrs. Mitchell stated that if this option is chosen, the City could keep the existing 401(a) for portability or opt to close it.
In response to Mr. Salters, Mrs. Mitchell stated that, currently, losses must be amortized over five (5) years and, depending on how results match with actuary assumptions, pension liability could improve or become worse; however, she indicated that liability will not grow any more because of new plan entrants. In response to Mr. Salters’ inquiry regarding how the plan could recover the current shortfall, Mrs. Mitchell recommended amortizing the unfunded liability over a twenty (20) year period, banking on the hope that actual results will meet actuarial assumptions.
In response to Mr. Leary, Mrs. Mitchell stated that the majority of the unfunded liability is the result of investment performance. Mr. Leary stated his belief that the City would be taking on the same risk with a new plan.
Concurring with Mr. Leary, Mr. Ruane questioned the benefit of opening a new plan and inquired if the current trend was not to close pension plans. Mrs. Mitchell concurred; however, she stated that one of the positive benefits she perceived in opening a new plan was the potential to reduce the Other Post Employment Benefits (OPEB) liability, which is another large shortfall the City is facing.
The committee recommended acceptance of the Closing of the Pension Plan Report.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
Revenue/Cost Saving Ideas Submitted for Consideration (Items #11 - 20)
Mr. McGlumphy requested that, due to time constraints, agenda item # 4, Revenue/Cost Saving Ideas Submitted for Consideration (Items #11-20), be deferred until a subsequent meeting.
In response to Mr. Ruane, Mr. McGlumphy stated that examining the losses the City has incurred as a result of recent cutbacks in State funding will be added to a future Committee agenda.
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JULY 29, 2009
The Safety Advisory and Transportation Committee met on July 29, 2009 with Chairman Slavin presiding.
Briefing on City of Dover Projects
Mr. Koenig, Public Service Manager, provided an update on the following City of Dover Projects:
South Governors Avenue Construction Update
Mr. Koenig, Public Services Manager, stated that the pours and approaches on the southern end of the bridge are complete; however, there is a 6" - 8" difference between the base and the bridge. He stated that, depending on the weather, the approaches should be paved this weekend and open to traffic by the end of next week. Mr. Koenig ad vised members that work is being done to bring the area at the intersection of Kesselring Avenue up to grade. He noted that, although no sidewalks have started at this point, there is stone on the shoulders which is based over with asphalt; however, adjustments are still needed. The base coat of asphalt will be brought up to within 2" of final grade within the next couple of weeks.
Mr. Koenig stated that the electric tie-ins to the south are done, Verizon is almost complete, and Comcast is done.
Mr. Koenig stated that work continues on the shoulder near the Woodbrook Professional Office and former Super Soda Center on the north side of the bridge. He advised members that drainage work has crossed Wyoming Avenue, including the west side of Governors Avenue, and work continues on preparing tie-ins for water service to new lines. Mr. Koenig stated that, within the last two weeks, Phase II of the construction project has begun and businesses are preparing for construction. He noted that when the bridge opens, there will be a lane open in each direction with the shoulders closed and contract work will occur with intermediate delays. Mr. Koenig noted that curb lines should be set in the next couple of weeks on the north side of the bridge and heavy work continues in front of the Governors Animal Hospital. He advised members that both Mr. Holden and Dr. Halpern are concerned and have been preparing for the effect construction will have on their businesses. Mr. Koenig also noted that, at the request of the rehabilitation center, Mr. Petrosky has opened the emergency access gate in the back of the Woodbrook Professional Center to allow vehicle access for patients. He noted that there have been no objections from the City and the nearby residents have not expressed opposition. Mr. Koenig stated that the Chief of Police has been requested to provide additional police presence to control speeding, based on inquires regarding the impact to South Bradford Street and the intersection of Governors and Wyoming Avenues.
Mr. Koenig explained that Wyoming Avenue to Water Street will remain open to traffic throughout construction with only lane closures; however, there will be delays. He advised members that the next construction project meeting will be held on August 11, 2009. Mr. Koenig encouraged members to email him with any concerns related to the project. He stated that the business community has attended construction meetings and expressed significant concerns.
Mr. DePrima noted that he received a call from the Chamber of Commerce regarding the businesses in the small shopping center on Governors Avenue. He advised members that they would like to have approximately ten (10) residential parking permits for employees, as the parking lot will be compromised during construction. Mr. DePrima recommended that the Chamber write a letter to the Clerk’s Office asking them to have this issue placed on an agenda for the Safety Advisory and Transportation Committee’s consideration.
Responding to Mr. Harmon, Mr. Koenig stated that paving of the approaches to the bridge will occur on Thursday and Friday (weather depending) and the bridge will be open to traffic next week with a single lane in each direction.
Wyoming Mill Road Project
Mr. Koenig, Public Services Manager, stated that he met with Mr. Mike Angelo of McCormick Taylor to review the drawing submission for DelDOT. He noted that the project, which is still in the design phase, includes moving the Wyoming Mill Road intersection at Hazletville Road over to the intersection across from Westover Drive (about 1,500 feet west). Mr. Koenig advised members that this will involve removing the old road bed, incorporating a lighted intersection, adding bike paths, and providing open drainage since there is not enough money for pipe drainage. He noted that the estimate to complete this work is $2.3M for total construction and there is $1.65M from the last transportation bill, with a local federal match. Mr. Koenig advised members that a request was made in the fall for a supplemental appropriation which would cover all the costs for the project, which was not covered by stimulus funds. He noted that the plans will be reviewed by DelDOT over the next few months and construction is anticipated to begin in June of 2010, with a six (6) to nine (9) month construction time frame, and final top coat taking place in the Spring of 2011.
Responding to Mayor Carey, Mr. Koenig advised members that there will be a sidewalk on Hazletville Road from Nottingham Meadows to the intersection. He noted that a sidewalk on the north side is in the project scope and the south side will be continued to the intersection of the new signal. Mr. Koenig noted that, due to insufficient funds, the sidewalk does not extend down Wyoming Mill Road on either side; however, there is a bike lane. He stated that the sidewalk on Hazlettville Road in the park area was funded by community transportation funds after the fact and that the same will probably happen after this project is complete. Mr. Koenig noted that there will be sidewalks and bike paths on the park side rather than next to the road.
In response to Mayor Carey, Mr. Koenig stated that the Code required a sidewalk for the Masonic Lodge building project. He noted that the road relocation project would not require a building permit or sidewalks, although he believes that sidewalks will be installed after the road has been realigned.
Spruance Road and Mary Street
At the request of Chairman Slavin, Mr. Koenig provided a status report on Spruance Road and Mary Street. He advised members that the Spruance Road sidewalk has been installed; however, the sidewalk near the tie-in at North Little Creek Road needs repair.
Mr. DePrima, City Manager, stated that a homeowner has requested a press event when the project is complete and has been directed to contact the Public Affairs Coordinator, Mrs. Dietz-Sass.
Mr. Koenig stated that paving work will occur on Mary Street when the concrete work is completed and then the center line striping will take place. He noted that two single catch basins were combined into one double catch basin.
Relocation of Ambulance Service and Extension of Contract
The ambulance service for the City of Dover is currently provided through a contract with PrimeCare Ambulance Service, based in Milford, Delaware. PrimeCare operates an office in McDaniel’s Industrial Park on Horsepond Road, which serves as a base for their ambulances and administrative staff. They are on a month-to-month lease and this location is on the far east side of the city. Currently, the response time, from when the ambulance is notified of an emergency and when they arrive on scene, is approximately seven (7) minutes. With the new location, response time is expected to be reduced by approximately one and a half (1.5) minutes. If a call comes in from the west side of the City, the response time could be cut in half.
Mr. DePrima stated that PrimeCare has been investigating ways to reduce their response time and has found a central location for their base of operations at 601 West Fulton Street. He noted that this location would not only bring the ambulance service downtown, but would also allow them to store two (2) of their ambulances inside during inclement weather. Mr. DePrima advised members that the current structure would need some renovations in order to accommodate the ambulance service and the realtor is willing to do whatever is needed; however, he would like a five (5) year commitment on the lease.
Mr. DePrima, City Manager, advised members that the City’s current ambulance service contract with PrimeCare will expire on March 31, 2010; however, there are two (2), one-year extensions which the City could exercise if the terms, including prices, are extended. He stated that he has been satisfied with their service and, in all likelihood, would have approved the extension to March 31, 2012.
Mr. DePrima noted that in order for PrimeCare to sign a five (5) year lease for the property, they have requested to enter into a new five (5) year contract with the City, which would expire September 30, 2014. Mr. DePrima stated that, with the new lease, they will continue to provide one (1) ambulance 24 hours per day, seven (7) days, per week, at no charge. In addition, they will keep their current prices for additional services until March 31, 2012. He noted that after March 31, 2012, PrimeCare proposed the right to establish a new cost based on the labor cost of a two (2) person crew. Mr. DePrima advised members that this is the standard that was used in the current contract.
Mr. Hutchison, Emergency Management Coordinator, and Mr. DePrima believe this contract proposal will create a huge opportunity to reduce the ambulance response time dramatically. This move would allow the two (2) ambulances to be kept inside in a more patient-friendly environment, provide better security, and also improve and occupy an existing downtown structure that has been vacant. Mr. DePrima felt that this was a far better option than keeping the existing contract and location. He advised members that, after the five (5) year lease, it is understood that the ambulance service contract would be re-bid.
In response to Mr. Davis, Mr. DePrima stated that the City is satisfied with the ambulance service and has only received complaints regarding the cleanliness of the ambulances and the need for faster response times.
Responding to Mr. Harmon, Mr. DePrima stated that the complaint received about the cleanliness of the ambulance referred to the inside of the vehicle. Mayor Carey stated this could be the result of multiple calls coming in at the same time with no time to clean the vehicle between calls.
The committee recommended authorizing the City Manager to execute a new contract with PrimeCare Ambulance Service extending their services to March 31, 2014, including: 1) one (1) on-call ambulance 24 hours per day, seven (7) days per week for the full term of the contract; 2) contracting for second or third units at the same cost as the current contract until March 31, 2012; and 3) costs after March 31, 2012 to be negotiated based on the actual cost of labor for a two (2) person crew.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.
By consent agenda, Mr. McGlumphy moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote.
MONTHLY REPORTS - JUNE 2009
By motion of Mr. McGlumphy, seconded by Mrs. Russell, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report
City Manager's Report
Planning Director’s Report
CIP Report
REAFFIRMATION OF GRANT APPLICATION PROCEDURES
Mrs. Mitchell, Treasurer/Controller, advised members that in September 2007, Council approved a Grant Application Procedure, which has not been adhered to lately; therefore, she has requested that Council reaffirm the procedure.
Responding to Mr. McGiffin, Mrs. Mitchell explained that the reaffirmation is being requested in order to reinforce the purpose of the procedure. It was Mr. McGiffin’s opinion that action by Council is not necessary.
Mr. Salters moved to accept the report by staff, seconded by Mr. McGlumphy and carried by a roll call vote of five (5) yes and four (4) no (Mrs. Russell, Mr. Slavin, Mr. McGiffin, and Mr. Hogan).
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. McGiffin noted the success of the recent African American Festival and suggested that members mark their calendar for the next African American Festival, which is scheduled to be held on June 26, 2010.
Mr. Hogan advised members that a Kiwanis Convention will be held on August 21st - 23rd.
On behalf of members of Council, Mr. Ruane wished Mr. Slavin a happy birthday.
Mrs. Russell noted that the benches for residents waiting for the transit bus have recently been removed and requested that the City provide benches for bus riders.
Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:23 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 10, 2009, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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S:ClerksOfficeAgendas&MinutesCouncil-Minutes20058-22-2005 Council.wpd
Exhibit Attached to Original Minutes and File Copy
Exhibit #1 - Petition to Amend the Zoning District and the Findings and Recommendations of the Planning Commission - Property Located at 101 Mont Blanc
Exhibit #2 - Petition by Adjacent Residents Objecting to the Rezoning of 101 Mont Blanc Boulevard
Exhibit #3 - Pamphlet - Brandywine Pavilion - Mixed Use Development