REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 26, 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. Teal, Mrs. Townshend, Fire Chief Strochine, Mr. DePrima, 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. Hogan moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried.
Mrs. Russell moved for approval of the Consent Agenda, seconded by Mr. Leary and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF APRIL 6, 2009
The Minutes of the Special Council Meeting of April 6, 2009 were unanimously approved by motion of Mrs. Russell, seconded by Mr. Leary and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 11, 2009
The Minutes of the Annual Council Meeting of May 11, 2009 were unanimously approved by motion of Mrs. Russell, seconded by Mr. Leary and bore the written approval of Mayor Carey.
CERTIFICATE OF CONGRATULATIONS - ODYSSEY OF THE MIND
The City Clerk read the following certificate into the record:
WHEREAS, Odyssey of the Mind is an international educational program which enables students to learn creative problem-solving methods by providing open-ended problems that appeal to a wide range of interests. Students learn how to identify challenges and to think “outside the box” to solve those problems while being free to express their ideas and suggestions without fear of criticism; and
WHEREAS, with over 200 teams competing in the State’s annual Odyssey of the Mind tournament, twelve (12) teams from the Dover area placed in the top three winning spots in their respective categories; and
WHEREAS; special commendation is due all team members, coaches, parents, and administrators for their hard work and dedication; and
WHEREAS; it is deemed an honor and privilege to present this Certificate of Congratulations to:
East Dover Elementary School - Division I-A Team
Darrien Ashe Jeanette Miller
Jasmen Bray Justin Vitanza
Geraldina Brown Tanner Peterson
Justin Davis
Team Coaches
Pamela Albanese
Jason Robinson
SECOND PLACE - TEACH YER CREATURE
2009 ODYSSEY OF THE MIND COMPETITION
Congratulations from the City of Dover
April 2009
Mayor Carey congratulated each team member and presented them with their certificates.
PROCLAMATION - OZONE SEASON AND AIR QUALITY AWARENESS WEEK IN DOVER
The City Clerk read the following Proclamation into the record:
WHEREAS, poor outdoor air quality can threaten the health of our citizens and it is estimated that one out of every three people in the United States is at a higher risk of experiencing problems from ground-level ozone, a contributor to poor air quality; and
WHEREAS, children, people with lung disease, older adults, and people with heart disease who tend to be more vulnerable to outdoor pollution would benefit from learning about the effects air quality may have on their health; and
WHEREAS, utilizing the Air Quality Index is simple and free and the knowledge of the Air Quality Index can help protect the health of our community; and
WHEREAS, there are 10 simple steps all can take to improve air quality and the City of Dover encourages our community to learn and utilize these steps; and
WHEREAS, Ozone Season runs from May 1st to September 30th; and
WHEREAS, the City of Dover supports efforts to encourage Americans to understand what causes poor air quality and to make strides to improve the overall outdoor air quality.
NOW, THEREFORE, I, Carleton E. Carey Sr., Mayor of the City of Dover, Delaware do hereby proclaim May as the beginning of Ozone season and May 25-31, 2009 as Air Quality Awareness Week in the City of Dover.
Mayor Carey presented the Proclamation to Mr. Jim Galvin of the Dover/Kent Metropolitan Planning Organization (MPO).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 26, 2009
The Legislative, Finance, and Administration Committee met on May 26, 2009 with Chairman Slavin presiding. City Clerk’s Office Note: With the exception of the following time sensitive issues, the LF&A Committee Report from the May 26, 2009 Meeting will be presented to Council during their Regular Meeting of June 8, 2009 for Council’s review and consideration.
Review and Recommendation - Filling Critical Positions - Payroll Specialist
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.
Mrs. Peggy Teal, Assistant Finance Director, reviewed the permission to recruit and the hiring justification outline to fill the Payroll Specialist position in the Finance Department. She requested that the previous Payroll Specialist, Mr. Turhan Jordan, who resigned from the City of Dover to fulfill commitments to the Army National Guard, be re-hired. She stated that Mr. Jordan has completed his commitment to the Guard and is available for employment.
In response to Dr. Jones, Mrs. Teal explained that, due to the amount of detail and training involved, she felt it was more beneficial for the City and the Finance Department to hire an employee who has already been trained than to recruit a current employee.
The committee recommended approval of staff’s recommendation to hire Mr. Turhan Jordan for the position of Payroll Specialist.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and unanimously carried.
MONTHLY REPORTS - MARCH 2009
By motion of Mrs. Russell, seconded by Mr. Leary, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning Director’s Report
Dover Fire Department Report
CIP Report
PROPOSED COUNCIL RESOLUTION NO. 2009-15 - AN AMENDMENT TO A RESOLUTION AUTHORIZING THE SALE OF UP TO $22,200,000 ELECTRIC REVENUE BONDS OF THE CITY OF DOVER
Members were provided a Resolution amending Resolution No. 2008-05.1, which was adopted on March 10, 2008 and authorized the sale of up to $22,200,000 Electric Revenue Bonds of the City of Dover. Mrs. Peggy Teal, Assistant Finance Director, advised members that the amendment would authorize the use of excess proceeds from the sale of the City's 2008 Bonds to add six (6) projects.
Mr. Ruane advised members that the Utility Committee has reviewed the list and it is in accordance with the current priorities.
Mr. Hogan moved for approval of the Resolution amending Resolution No. 2008-05.1, as presented. The motion was seconded by Mr. Leary and by a unanimous roll call vote, Council adopted Resolution No. 2009-15, as follows:
AN AMENDMENT TO A RESOLUTION AUTHORIZING THE SALE OF UP TO $22,200,000 ELECTRIC REVENUE BONDS OF THE CITY OF DOVER
WHEREAS, pursuant to Chapter 158, Volume 36, Laws of Delaware, as amended (the "City Charter") and Chapter 111, Volume 52, Laws of Delaware, as amended (collectively, the Enabling Acts"), the City of Dover (the "City") is authorized to issue revenue bonds for the purpose of financing and refinancing improvements to its electric system;
WHEREAS, pursuant to the Enabling Acts, the City adopted a Resolution on December 23, 1985, as subsequently supplemented (the "Original Bond Resolution") in order to issue various series of electric revenue bonds;
WHEREAS, the Original Bond Resolution was amended and restated by a Resolution adopted on August 23, 2004 (the "Bond Resolution") pursuant to which the City issued The City of Dover, Delaware $22,535,000 Electric Revenue Refunding Bonds (Taxable Series 2004);
WHEREAS, pursuant to the Bond Resolution and a Resolution adopted on March 10, 2008 (the "Authorizing Resolution"), City Council authorized the Mayor and Treasurer to cause the issuance of up to $22,200,000 of Electric Bonds (the "2008 Bonds") to finance or reimburse the City for improvements made to the City's Electric System;
WHEREAS, the Authorizing Resolution sets forth specific projects for which the Bond proceeds would be used; and
WHEREAS, those projects set forth in the Authorizing Resolution have been completed and there are excess proceeds from the sale of the 2008 Bonds;
WHEREAS, the City wishes to use the excess proceeds from the sale of the 2008 Bonds for other electric projects as set forth herein;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dover, Delaware as follows (a majority of all members thereof concurring therein):
1. The Council amends Paragraph 1 of the Authorizing Resolution to authorize the use of excess proceeds from the sale of the City's 2008 Bonds to add the following projects:
Use of Funds Estimated Costs
Mid City Substation $1,593,461
VanSant Combustion Turbine Mark IV Upgrades 700,000
McKee Run Driveway Repaving 240,000
Distribution Upgrades:
Buchanan Acres 406,000
Crossgates 396,904
Total $3,336,365
2. All other provisions of the Authorizing Resolution remain unchanged.
3. This resolution shall take effect immediately upon its passage and approval by the Mayor.
ADOPTED: MAY 26, 2009
REVISION TO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN
On February 25, 2009, HUD announced the list of Community Development Block Grant Recovery Program (CDBG-R) allocations, and the City of Dover was awarded $73,123 to be invested in infrastructure projects that will further job creation or retention. HUD did not release the regulations for these funds until May 6, 2009 which states funding being utilized for infrastructure projects be awarded within 120 calendar days from the date the funds are made available to the recipients. The submission deadline for the amendment to the Action Plan is June 5, 2009 to the HUD field office. To expedite the process, HUD has waived the 30 day comment period for citizen participation to seven (7) days. The Public Services Department is requesting to utilize these funds for street improvements in income qualifying areas throughout the city. A portion of the funds, not to exceed 10%, will be used for administrative expenses incurred by the Community Development Office. This will include advertising required to amend the 2008 Action Plan and staff time of the Community Development Manager associated with administering these funds.
Staff recommended approval of the amendment to the 2008 Action Plan to utilize the additional funds for street and sidewalk improvements in qualifying areas.
Responding to Mr. Ruane, Mrs. Townshend stated that census tracts are used to determine the areas that are comprised of at least 51% low to moderate income households.
Responding to Mr. Salters, Mrs. Townshend stated that jobs would be provided by utilizing contractors to complete the work.
Mr. Hogan moved for approval of staff’s recommendation to amend the 2008 Action Plan to utilize the additional funds for street and sidewalk improvements in qualifying areas. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BIDS - SOLE SOURCE VENDOR - FIBER MANAGER SOFTWARE
Currently, the city uses paper maps and Autocad for the purpose of operating and managing the existing fiber optic system. This purchase will migrate the existing fiber optic maps and data into a GIS format which can be used by multiple city departments for managing both city uses and leased fiber lines. The purchase will include custom software which is based on ESRI. The City has standardized on the ESRI GIS program and is currently using this system for all GIS applications. The Fiber Manager Software will allow city staff to restore broken communication lines faster by finding alternative routes and get maximum usage of the fiber recourses currently in use. The City currently has fibers lines with up to 144 strands of fiber. With Fiber Manager, each fiber can be dedicated and managed as to usage and availability. As the City's fiber network expands due to the fiber leasing contracts, the city will be able to better manage the system.
The recommended contractor, Telvent Miner & Miner (TM&M), is the only ESRI partner who imbeds ArcGIS to develop an electric utility (and telcom) asset management and design system in the ESRI platform, which is a requirement to maintain the current city standard of using a city wide GIS. Upon completion TM&M will provide Dover with a configured Geodatabase built from scratch and usable in the ESRI program.
Staff recommended issuing a sole vendor contract to Telvent Miner & Miner in the amount of $36,037 (Services - $18,605/Software Licensing and Maintenance - $17,432).
Mr. Leary moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution) prior to adoption of the budget. Staff recommended that the public hearing be set for June 8, 2009 at 7:30 p.m.
Mr. Salters moved to set a public hearing for June 8, 2009 at 7:30 p.m. for the 2009/2010 City of Dover Electric Fund Budget, seconded by Mr. Hogan and unanimously carried.
RECOMMENDATION OF HAGGERTY & HAGGERTY AD-HOC REVIEW COMMITTEE During the Regular Legislative, Finance, and Administration Committee meeting of February 25, 2008, members were provided the Independent Accountant's Report on Applying Agreed Upon Procedures pertaining to the Dover Fire Department prepared by Haggerty & Haggerty, Certified Public Accountants and Management Consultants. Members accepted the Report, with the understanding that the Fire Chief and Finance Director would report back to the Committee within two (2) to four (4) weeks with a set of procedures that would be beneficial to all parties involved.
During the Regular Council Meeting of September 8, 2008, members approved the Legislative, Finance, and Administration Committee's recommendations (from their meeting of August 25, 2008), as follows:
1)That negotiations continue between the Fire Department, including the Controller/Treasurer and Council, and that those members of Council participating be appointed by Council at their next meeting and be given authority to represent Council for a report back at a future meeting of the Committee for a final resolution of this matter.
2)That the negotiating principles are the eight (8) points found on the action form submitted by the Controller/Treasurer.
3)That Option #1, to provide monthly payments to the Fire Department, be added as another point that can be considered during the negotiations.
The Ad-Hoc Haggerty and Haggerty Review Committee held four (4) meetings to discuss the negotiating principles and developed a recommendation for Council’s consideration, as follows:
The firm of Haggerty & Haggerty, Public Accountants and Management Consultants, was commissioned by City Council to review funding provided to the Dover Fire Department from the City of Dover. Upon completion of the review, both members of City Council and the Fire Department raised concerns about funding allocated to the Fire Department and current procedures.
A joint committee of council members and Fire Department personnel was created to review and recommend policies, procedures, and standards dealing with City of Dover financial contributions to the Dover Fire Department. These recommended policies, procedures, and standards will allow for improved Fire Department operation, and provide a transparent monitoring of allocated funding.
After numerous meetings, the committee has developed the following proposed agreement. The committee firmly stands behind this agreement as a means to improve the working relationship between the City Council and the Fire Department.
1. City of Dover Employees:
a. All current and future City of Dover employees assigned to the Dover Fire Department will remain City of Dover employees assigned to the Dover Fire Department.
b. All items pertaining to City of Dover employees will remain under the City budget, and will follow the current budgeting and financial procedures. These items are listed under 110-100-514.10 and include, but are not limited to, salaries, overtime, temporary help, FICA taxes, health insurance, LID insurance, workers compensation, educational assistance, and pension.
c. The City of Dover will cover all upgrades, maintenance, and repairs needed to the Dover Fire Department communications center. This includes any upgrades needed to allow City of Dover employees to effectively complete their duties.
d. All City of Dover employees assigned to the Dover Fire Department will remain under the authority of the company-elected volunteer Fire Chief. With the approval of City Council, a Supervisor/Administrative Assistant position will be created to fill the vacancy of the current Fire Department Administrative Assistant. If approved by City Council, this position will be tasked with the supervision of the fire dispatchers, and will act as the Fire Chief's administrative assistant. The company-elected volunteer Fire Chief will supervise the new position.
e. The company elected volunteer Fire Chief, while reporting directly to the City Council President, will consult with the City Manager in an advisory role on matters of personnel policy as set forth in the Employee Handbook, labor contracts, and other adopted personnel policies of the City of Dover.
2. The Dover Fire Department will follow the City of Dover budgeting process. After completion of the fiscal year budget and adoption by City Council, the Dover Fire Department budget will be allocated to the Department in equal quarterly financial contributions on or before July 31st, October 31st, January 31st, and April 30th. All personnel costs as outlined in Item 1 of this agreement are not included in the quarterly allotment.
3. The company-elected volunteer Fire Chief will report to Council President and will act as the liaison to the City of Dover from the Dover Fire Department.
4. All City of Dover financial contributions to the Dover Fire Department will be placed in a financial account maintained by the Dover Fire Department. This account will be for the sole purpose of managing City of Dover financial contributions.
5. Monthly financial reports from the Dover Fire Department will be provided to City Council and the Mayor. The report will cover all incoming/outgoing monies from the aforementioned account for the calendar month prior. Each report will be included with the monthly Fire Chief's report. The report format shall be approved by City Council and the Fire Chief.
6. The annual financial review, prepared for the State of Delaware, shall be provided to City Council. If requested by City Council, the Dover Fire Department will have an opinion audit conducted at the end of the fiscal year. The audit will be completed through an accounting firm of City Council's choice. All associated costs of an audit will be paid for by the Dover Fire Department.
7. The Dover Fire Department will follow State of Delaware purchasing policies and procedures which all fire departments in the State of Delaware are required to follow.
8. Any capital needs beyond the City of Dover's yearly financial contributions that may arise will be brought to City Council for approval through a Committee Action Form (CAF). The Fire Chief will submit an updated 10 year Capital Investment Plan (CIP) in the January Fire Chief's report. All CIP allocations will be paid directly by the City of Dover to the financial institutions.
9. The Dover Fire Department will continue to utilize the City of Dover for tax exempt rates.
The Ad-Hoc Haggerty & Haggerty Review Committee recommended approval of the Recommendations.
Council President Williams reminded members that this item was tabled during the Regular Council Meeting of March 23, 2009.
Mr. Hogan moved to lift the Recommendation of the Ad-Hoc Haggerty & Haggerty Review Committee from the table, seconded by Mr. McGiffin and carried with Mr. Leary voting no.
Councilman Slavin reminded members that there was a motion on the floor to accept the recommendations of the Ad-Hoc Committee when the matter was tabled on March 23, 2009 (moved by Mr. Slavin, seconded by Mrs. Williams).
Mr. Leary stated that he had read through the proposal very carefully and he found it to be very confusing. He noted that the proposal turns over taxpayer money to an organization that has shown that fiscal management is not their strong suit. Mr. Leary stated that he needs to be able to assure his constituents that their tax dollars are being administered in the best possible way and he did not feel that this proposal accomplished this.
Responding to Mr. McGlumphy, Mr. Hogan stated that the eight (8) principles were used as a negotiating tool and were not necessarily contained in the proposal.
Mr. McGlumphy expressed concern with statements included in the October 30, 2008 minutes which indicated that employees had been threatened by the Fire Department, and threats were made that the Fire Department would not respond to fires involving members of City Council. Mr. Slavin advised members that it was determined that these were unsubstantiated rumors that were addressed and put to rest.
Mr. Ruane asked if the principle that the Fire Department use the online vehicle and equipment sales process used by the City and that the proceeds from the sale of the apparatus which was fully funded by the City be returned to the City for purchasing other equipment was rejected. Mr. Slavin stated that it was agreed upon and the proceeds would be used to outfit the trucks.
Mr. McGlumphy stated that the Fire Department should be held to the same accountability and responsibilities as the other City departments, noting that the Fire Department has been over budget three (3) of the last (6) years. He noted that he stands behind the Controller/Treasurer and her recommendations.
The motion to accept the recommendations of the Ad-Hoc Haggerty & Haggerty Review Committee was carried by a roll call vote of six (6) yes, three (3) no (Mr. Leary, Mr. McGlumphy, and Mr. Ruane).
Mr. Slavin moved to discharge the Ad-Hoc Haggerty & Haggerty Review Committee, seconded by Mr. Leary and unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT
Council President Williams requested approval of the committee appointments, as follows:
Legislative, Finance, and Administration Committee
William P. McGlumphy, Chairman
Thomas J. Leary
Reuben Salters
Daniel Shevock (civilian member)
Bobby Jones (civilian member appointed by
Committee Chair)
Parks, Recreation, and Community Enhancement Committee
Sophia R. Russell, Chairman
Eugene B. Ruane
Kenneth L. Hogan
Ann Horsey (civilian member)
David A. Lewis, Jr. (civilian member appointed by
Committee Chair)
Safety Advisory and Transportation Committee
Timothy A. Slavin, Chairman
Kenneth L. Hogan
Sophia R. Russell
Mark D. Harmon (civilian member)
John J. Davis (civilian member appointed by
Committee Chair)
Utility Committee
Eugene B. Ruane, Chairman
Kenneth L. Hogan
James G. McGiffin, Jr.
Richard Snaman (civilian member)
Richard Kosior (civilian member appointed by Committee Chair)
Civilian Pension Board
Thomas J. Leary
William P. McGlumphy
Construction Code Board of Appeals
James G. McGiffin, Jr., Chairman
Timothy A. Slavin
Police Pension Board
Thomas J. Leary
William P. McGlumphy
Mr. Salters moved for approval of the Committee Appointments for 2009/2010, as recommended by the Council President, seconded by Mr. Leary and carried with Mr. McGiffin voting no.
MISCELLANEOUS APPOINTMENTS - COUNCIL PRESIDENT
Council President Williams requested approval of the committee appointments, as follows:
Liaison to Chamber of Commerce
and Greater Dover Committee
Carleton E. Carey, Sr., Mayor
Beverly C. Williams, Council President
Liaison to Kent County
(City/County Committee)
Carleton E. Carey, Sr., Mayor
Beverly C. Williams, Council President
Thomas J. Leary
William P. McGlumphy
Reuben Salters
Anthony J. DePrima, City Manager
Kent County Tourism
Beverly C. Williams
Mr. Salters moved for approval of the Miscellaneous Appointments for 2009/2010, as recommended by the Council President, seconded by Mr. Leary and carried with Mr. McGiffin voting no.
Mr. McGiffin stated that he did not object to the appointments, only the process, noting that he discovered that he had been removed from three (3) committees when he reviewed the packet for the meeting.
REAPPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT WILLIAMS
Council President Williams requested approval of the reappointment of Chaplain Wallace Dixon, City Chaplain, for a term to expire June 2010.
By consent agenda, Mrs. Russell moved for approval of the reappointment, as recommended by the Council President, seconded by Mr. Leary and carried by a unanimous roll call vote.
By consent agenda, Mr. Leary moved for approval of the reappointments as recommended by Mayor Carey, seconded by Mr. Slavin and carried by a unanimous roll call vote.
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. McGiffin announced that the African American Festival would be held on Saturday, June 27, 2009.
Mr. Ruane announced that Zach Carter, Parks and Recreation Director, was being installed in the Baseball Hall of Fame.
Mr. Leary moved for adjournment, seconded by Mrs. Russell and unanimously carried.
Meeting Adjourned at 8:13 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of May 26, 2009, are hereby approved.