REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 9, 2009 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters and Mr. Ruane.
Council staff members present were Police Major Taraila, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Christiansen, 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 Hogan 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 Dr. Mamoon Mahmoud, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Leary and unanimously carried.
Council President Hogan requested that item #5B, Legislative, Finance, and Administration Committee Report - Proposed Amendments to Training, Conference, and Travel Policy, be removed from the consent agenda.
Mr. Slavin moved for approval of the consent agenda as amended, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 23, 2009
The Minutes of the Regular Council Meeting of February 23, 2009 were unanimously approved by motion of Mr. Slavin, seconded by Mr. McGlumphy and bore the written approval of Mayor Carey.
PROCLAMATION - IRISH AMERICAN MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, Americans of Irish heritage have lived in the United States since the 17th century, and since the earliest days of our Republic, Irish culture with their faith, values and hard work has played an integral part in helping shape our nation and communities; and
WHEREAS, Many of the sons and daughters of Erin came to America and the State of Delaware fleeing famine and poverty. They came with dreams of opportunity and they helped to build our democracy and advance the cause of liberty; and
WHEREAS, Irish Americans in all walks of life have made everlasting contributions to our nation, and we honor their service. Throughout our history, Irish Americans have helped shape this nation including signers of the Declaration of Independence and as Presidents of the United States; and
WHEREAS, During this month of March it is fitting to pay tribute to the cast contributions made by the Irish and to celebrate their history, heritage and culture; as we reflect upon the legacy bestowed by St. Patrick, the Patron Saint of Ireland; and
WHEREAS, We recognize that we are fortunate to have a thriving population of Irish Americans who strengthen our communities and our fellow citizens of Irish Ancestry with their many achievements which have earned them admiration and respect from people worldwide.
THEREFORE, I CARLETON E. CAREY, SR., Mayor of the City of Dover, Delaware do hereby proclaim the month of March 2009 as IRISH HERITAGE MONTH and encourage all citizens to celebrate the culture and traditions of Ireland.
Mayor Carey presented Proclamations to Mr. Brian Lewis, President of the Cardinal McCarrick Division I of the Ancient Order of Hibernians, and representatives of the Irish Society of Delmarva.
On behalf of the Ancient Order of Hibernians and the Irish Society of Delmarva, Mr. Lewis thanked the City of Dover for the recognition.
The Irish Society of Delmarva presented Mayor Carey with a CD of Irish music and, on behalf of the Irish Society of Delmarva and the Ancient Order of Hibernians, presented an Irish Flag and suggested its use on the review stand for the parade on St. Patrick’s Day. Mr. Henry McGinty, Resident Historian of the Irish Society of Delmarva, explained the symbols on the flag.
PROCLAMATION - RED CROSS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, most people know the American Red Cross for its work helping communities deal with major disasters, from a high rise apartment or the threat from a hurricane. While these kind of large scale disasters are all a part of what the American Red Cross does, just as important are the lesser-known small disasters that happen everyday in Dover and the volunteers that make responding to them possible; and
WHEREAS, in every response volunteers are the cornerstone of what the Red Cross does. Volunteers are 97% of the work for of the Red Cross and without their giving spirit, disaster relief operations would fall short and the mission of the Red Cross could not be fulfilled. From helping military members stay in touch with their families around the world, to teaching first aid and CPR in community centers, or supporting other Red Cross emergencies around the world, volunteers are critical to the success of each and every Red Cross endeavor; and
WHEREAS, March was celebrated as Red Cross Month since 1943 when President Franklin D. Roosevelt called the wartime fundraising campaign “the greatest crusade of mercy in all of history.” As we celebrate “American Red Cross Month” I encourage all of our citizens to commit themselves to strengthening their own communities through service with the Red Cross. Volunteers help make our country stronger, and no where can that be more evident than in communities coming together to support each other in times of disaster.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., Mayor of the City of Dover, Delaware do hereby proclaim March 2009 as AMERICAN RED CROSS MONTH and encourage all citizens to support this organizations noble humanitarian effort.
Mayor Carey presented the Proclamation to Mr. Daniel Valley, Chief Executive Director for the American Red Cross of Delmarva.
Mr. Valley relayed appreciation for the recognition. He advised members that the American Red Cross of Delmarva serves the entire State of Delaware and six (6) of the counties on Maryland’s eastern shore, serving a jurisdiction of approximately 1.1 million people. On a day to day basis, there are 22 paid staff and 1,200 volunteers serving this jurisdiction. He reminded members that the purpose of the Red Cross is to help people prevent, prepare, and respond to emergencies, which they have been doing since the 1880’s in the United States and worldwide since 1863 (in Switzerland). Mr. Valley indicated the importance of the Red Cross and their dependents upon charitable giving.
PRESENTATION - DELAWARE BIKE SUMMIT (JUANITA WIECZORECK - DOVER/KENT MPO)
Council President Hogan noted that, due to a previous engagement, Ms. Juanita Wieczoreck, Director of the Dover/Kent MPO, would not be available at this time. There being no objections, he stated that this matter will be considered later in the evening.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 2161 FORREST AVENUE, OWNED BY JIREH CHRISTIAN CENTER (DESTINY CHRISTIAN CHURCH)
A public hearing was duly advertised for this time and place to consider rezoning of property located at 2161 Forrest Avenue, consisting of 30+/- acres of a 42+/- acre parcel, owned by Jireh Christian Center (Destiny Christian Church). The property is currently zoned R-10 (One Family Residence) subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning for the 30+/- acres is RM-2 (Medium Density Residential) subject to the COZ-1.
Council President Hogan noted that members have been advised that during their meeting of February 17, 2009, the Planning Commission tabled this matter for 30 days. As a result, staff recommended that the Public Hearing before City Council be rescheduled for April 13, 2009 at 7:30 p.m.
Mrs. Townshend, Director of Planning and Inspections, advised members that the Planning Commission tabled this matter in order for staff to obtain further information from DelDOT on the type of transportation related improvements that may be necessary for this kind of development and also the State’s road improvement plan in this area; to allow for the applicant to consider a less dense development option or zoning district for the property; and to allow the applicant to consult with the neighbors on the proposal. She advised members that the Planning Commission will be considering this request during their meeting scheduled for March 16, 2009, at which point a recommendation will be made for Council’s consideration.
At the suggestion of Mr. Ruane, Council President Hogan questioned if there was anyone present who wished to speak during the public hearing. There was no response.
Mr. Slavin moved to reschedule the public hearing/final reading for April 13, 2009 at 7:30 p.m. for the rezoning of property located at 2161 Forrest Avenue, consisting of 30+/- acres of a 42+/- acre parcel, owned by Jireh Christian Center (Destiny Christian Church). The motion was seconded by Mr. McGlumphy and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 23, 2009
The Legislative, Finance, and Administration Committee met on February 23, 2009 with Chairman Slavin presiding.
Proposed Amendments to the City of Dover Charter - Article I - General Provisions, Article II - Mayor and Council, Article III - City Manager, Article IV - Financial Affairs
Mrs. McDowell, City Clerk, reminded members that in October 2007, the Legislative, Finance, and Administration Committee began a comprehensive review of the recommendations of the 2005 Charter Review Committee. The committee’s recommendations were then forwarded to City Council for consideration and adoption.
Members were provided with proposed amendments to the City of Dover Charter (and code where necessary) that will implement the recommendations of the 2005 Charter Review Committee and the Legislative, Finance, and Administration Committee, as previously approved by City Council. Mrs. McDowell reviewed typographical corrections, as well as additional amendments suggested by Deputy City Solicitor Pepper, that have been included in the proposed amendments.
Staff recommended approval of the proposed amendments to the City of Dover Charter and adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the City Charter.
In response to Dr. Jones, Mrs. McDowell felt that since the additional amendments suggested by Deputy City Solicitor Pepper have been included in the proposed amendments, members would not be required to take specific action regarding those additional amendments.
With regards to Section 18 - Ordinances Authorized; Maximum Penalty for Violation, Mr. Slavin suggested that members take action to clarify the issue regarding the $1,000 cap on fines.
The committee recommend replacing the words “provided that no fine or penalty shall exceed the sum of $1,000.00;” from Section 18 (lines 620 and 621) with “as penalties will be provided by the Code”.
Mr. Ruane noted that Section 50 - Debt Limit is not reflected in the proposed amendments and questioned the procedures for consideration of the Charter amendments. Mrs. McDowell confirmed that the Debt Limit and Tax Assessor sections were not included in the proposed amendments submitted at this time. Mr. Slavin further explained that although action regarding the Debt Limit and Tax Assessor sections has already been taken, it was decided that all amendments would be submitted to the General Assembly at the same time.
Responding to Mr. Ruane, Mrs. McDowell indicated that when the proposed amendments are presented to Council for their review and consideration, it will be presented in an acceptable format for submission to the General Assembly.
In response to Council President Hogan, Mrs. McDowell stated that the ordinances included in the material for amending the Dover Code are presented for informational purposes only at this time. She explained that upon final action by Council regarding the Charter amendments, the ordinances amending the Dover Code will be presented for further consideration.
The committee recommended approval of the proposed amendments to the City of Dover Charter, as amended, and adoption of the Resolution requesting the General Assembly to amend the City Charter.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and by a unanimous roll call vote, Council adopted the following Resolution:
COUNCIL RESOLUTION NO. 2009-06
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the 2005 Charter Review Committee and the City of Dover Legislative, Finance, and Administration Committee have conducted a thorough review of the City of Dover Charter and have recommended amendments; and
BE IT FURTHER RESOLVED that the recommendations have been considered by the City Council, which has determined that Article I. Powers of the City, Article II. Mayor and Council, Article III - City Manager, and Article IV - Financial Affairs of the Charter of the City of Dover should be amended; and
BE IT FURTHER RESOLVED THAT the General Assembly of the State of Delaware is hereby respectfully requested to amend the Charter of the City of Dover.
ADOPTED: MARCH 9, 2009
Proposed Amendments to Training, Conferences, and Travel Policy
Members reviewed proposed amendments to the Training, Conferences, and Travel Policy, which were reviewed by Mrs. Mitchell, Controller/Treasurer.
Referring to page 6, Mr. Salters relayed objections to reducing the meal allowance by 25% if a Continental Breakfast is provided by the hotel or conference.
Mrs. Mitchell requested that “Valet parking, unless required for medical reasons” on page 9 (item #3-n) be deleted since it has already been included on page 8 (item #h-2). She also requested that the first paragraph on page 10, item L - Review and Revisions, read as follows: “The City of Dover Travel Policy will be reviewed every three years by the City Manager, Controller/Treasurer and City Clerk and provide recommended changes to City Council for approval”.
In response to Mr. Salters, Mrs. Mitchell stated that any incidentals that are not listed in the policy do not qualify for reimbursement.
Mr. McGiffin stated his concern regarding the tone of the policy as it would impact someone who may have a mobility disability, such as the reference to walking distance, valet parking, lodging in general, etc. He stated that the language may make the City vulnerable if there is an employee who has a mobility issue and wishes to travel. He felt that the policy may be written too narrowly to address the needs of employees with a mobility disability.
Responding, Mrs. Mitchell noted that the policy mentioned “exceptions” (see fifth paragraph on page 1), that require approval by the City Manager and Controller/Treasurer.
Similarly, Mrs. Williams expressed concern that the policy does not take into consideration meal alternatives or exceptions for those employees that may have illnesses such a diabetes.
Mr. DePrima suggested that staff could include a “Special Needs” clause or general disclaimer to cover the entire policy and have it completed when the committee’s recommendation is presented to City Council for their review and approval.
The committee recommended approval of the proposed amendments to the Training, Conferences, and Travel Policy, as recommended by staff.
Mrs. Mitchell advised members that the Training, Conferences, and Travel Policy that was attached to the minutes did not include all of the recommendations made by the committee. She requested that members allow staff to make the corrections and referring to Section F - Lodging, Item 3 - Conference Lodging Arrangements on page 6 of the policy, she requested “walking distance” in the first sentence be replaced with “a 3 mile radius”. She also requested that an additional sentence be added to read as follows: “Conference lodging will be considered to accommodate persons with special circumstances”. She explained that this amendment would address the concerns expressed during the committee meeting in this regard. She stated that although the other changes discussed during the committee meeting are specified in the minutes, they have not been incorporated into the document. Mrs. Mitchell assured members that she would be making all changes to the Training, Conferences, and Travel Policy.
Mrs. Williams moved for approval of the proposed amendments to the Training, Conferences, and Travel Policy, as recommended by staff (Exhibit #1). The motion was seconded by Mr. Salters and unanimously carried.
Implementation of MAG Report - Phase I and Presentation of Phase II
Mrs. Hawkins, Human Resources Director, reminded members that in 2008, Management Advisory Group (MAG) was hired to perform a review and evaluation of the Pay for Performance Evaluation system that is currently utilized for all non-bargaining employees. In September 2008, MAG presented its findings for Phase 1 of the study, which focused on the classification and compensation of positions and employees. The Phase 1 report was reviewed at the October 13, 2008 Legislative, Finance and Administration Committee meeting, where it was recommended that July 1, 2008 salary increases be included in the study. That recommendation has been completed and is reflected in the MAG Final Salary Implementation Report dated February 11, 2009, which was provided to members.
In addition to the MAG Final Salary Implementation Report, members were provided a Proposed Pay Plan, Recommended Pay Grade Changes; and Class Evaluations List. Mr. DePrima noted that the Phase II Report for the Review and Evaluation of the PFP Evaluation System to the City of Dover is being presented for informational purposes only at this time. He explained that staff will be bringing forward implementation recommendations of Phase II for the committee’s review and consideration at a later time.
Mr. DePrima advised members that MAG has reviewed the salary ranges for each pay grade. MAG evaluated the placement of positions in the new ranges and has recommended that 30 positions be regraded: five (5) positions downgraded and 25 positions upgraded. He stated that MAG recommended that the salaries of four (4) employees be increased; however, he noted that only three (3) salary increases are recommended. He explained that although the IT Director was recommended for a small increase, since he currently receives an additional two (2) weeks of vacation leave, which was approved by Council on August 13, 2003, the vacation was in place of the monetary increase. The two (2) weeks of vacation was not reflected in the salary that MAG was provided for analysis of the IT Director’s compensation.
Mr. DePrima stated that if MAG’s recommendations are accepted, the Human Resources Department will be responsible for updating the job descriptions for positions in which the pay grade was changed. This will be accomplished by using a grading system that evaluates each position in 15 categories as shown. He also indicated that MAG has recommended that the title of the Planning and Inspections Director be changed to Planning and Community Development Director, which is due to the result of the Economic Development Division being assigned to this position in July 2008.
Staff recommended implementation of Phase I of the MAG Report, as follows: 1) Adoption of salary ranges for each grade; 2) Adoption of recommended grade changes for 30 positions and salary adjustments for three (3) positions; 3) Adoption of the market adjustments to the salaries of the City Manager, Parks and Recreation Director, and Director of Planning and Inspections effective January 1, 2009; and 4) Change in title of Planning and Inspections Director to Planning and Community Development Director.
With regards to recommendation #3 - the market adjustments to the salaries for the City Manager, Parks and Recreation Director, and Director of Planning and Inspections, Mr. DePrima noted the memorandum submitted from these individuals requesting that the salary adjustments be withdrawn from consideration at this time. He explained that these individuals understand the City’s current fiscal situation and desire to be a part of a solution. However, he stated that it is felt that the recommendations are valid and should be considered in the fiscal year 2009/2010 Budget.
Mr. McGlumphy reminded members that the review and evaluation of the Pay for Performance Evaluation system was initiated by a request of the City Manager for City Council to consider regrading 20 non-bargaining positions (considered during the committee meeting of April 14, 2008). During the committee meeting of May 27, 2008, the City Manager recommended withdrawing that proposal and that MAG be requested to review all (estimated 84) non-bargaining positions. Noting that the final report provides for only three (3) adjustments, Mr. McGlumphy stated that if the City were to approve the original request of staff, it would have been a mistake (since 17 additional positions would have been inappropriately adjusted).
Since that time, Mr. McGlumphy stated that members received a draft report from MAG on July 21, 2008, which included adjustments to the salary levels of 24 positions; a second draft submitted on August 18, 2008 indicated salary adjustment for 22 positions; and then a final report included salary adjustments for 17 positions which consisted of the salary increases that were provided for last fiscal year. Now he stated that the completed final report consists of only three (3) salary adjustments. Responding, Mr. DePrima explained that the three (3) remaining salary adjustments are due to the 17 completed salary adjustments that were instituted July 1, 2008.
In response to Mr. McGlumphy regarding the expenditure required in the amount of $8,860 to be obtained from available funds in the budget balance, Mr. DePrima stated that these funds would not be necessary if staff’s request to withdraw the recommendation for the market adjustments to the salaries for the City Manager, Parks and Recreation Director, and Director of Planning and Inspections is approved.
Responding to Mr. McGlumphy in regards to the recommended grade changes, Mr. DePrima explained that such changes do not equate to an automatic salary increase. He reiterated that there are no percentage increases proposed and that, with the exception of the three (3) market adjustments mentioned, there are no salary increases proposed as a result of the recommended grade changes.
In response to concerns of time constraints and there being additional items requiring review of members, Mr. McGlumphy indicated that he has many more questions regarding Phase I that could result in several hours of clarification.
Mr. Slavin suggested that Mr. McGlumphy submit his questions in writing to staff and that members be provided the questions and responses.
Mrs. Williams relayed concern with the limitation of a questioning and answering period, explaining the need for this matter to be fully vetted by members. Responding, Mr. Slavin assured members that any additional questions resulting from further discussions would be permitted.
The committee tabled the implementation of Phase I of the MAG Report until the next meeting of the Legislative, Finance, and Administration Committee.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Presentation of Phase II - MAG Report
Mr. DePrima introduced Dr. Long, Executive Vice President of Management Advisory Group, Inc. (MAG), who reviewed a Presentation of the Phase II Report for the Review and Evaluation of the PFP Evaluation System to the City of Dover. He noted that this initial report is labeled as Part Two of Two for the project and explained that it focuses on the elements that were agreed to in revisions to the original work plan, including the review of the performance evaluation aspect of the project. Part One focused on the classification and compensation elements. He advised members that this report reflects input from the City Council, department heads, and employees during a series of meetings conducted on-site.
Dr. Jones relayed concurrence with the change to the rating category “good” to “meets expectations” since she felt that “meets expectations” is measurable. However, she questioned if “commendable” is measurable and suggested that it be “exceeds expectations”. Responding to her questions regarding the rating category “results rarely achieved by others”, Dr. Long stated that “others” would represents those employees of the City of Dover. As such, he concurred that this would require a rater to be knowledgeable of all employees.
Mr. McGlumphy referred to the PFP Score ranges and suggested that there be a 10 point range for “meets expectations” and “commendable”, and that the range for “results rarely achieved by others” should be 46-50, rather than 41-50. Responding, Mr. DePrima stated that the ranges were adjusted downward since it was near impossible for an employee to obtain a score between 46-50. As the normalization scores were reviewed, he stated that staff developed a score curve to allow some employees to fall within the highest range.
The committee recommended acceptance of Phase II of the MAG Report as presented.
Responding to Mr. McGlumphy, Mr. Slavin indicated that the recommendation for acceptance of the Report will be forwarded to City Council for final approval.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Moratorium on Hiring and Process for Exemptions
Mr. DePrima, City Manager, advised members that in December 2008, due to the lagging revenues and concern for meeting this year’s budget goals, he requested that all Department Heads refrain from hiring vacant positions unless it was considered mission critical. In others words, without the position, a critical aspect of the department’s mission could not be fulfilled. He stated that by continuing this policy more formally, it would allow better flexibility in developing next year’s budget. For example, he explained that the City may be able to eliminate a position without having to lay off an employee. In addition, through immediate savings, the City will be better able to meet this year’s budget goals.
Traditionally all departments, with the exception of the Police Department when hiring uniformed officers, would fill out the Permission to Recruit form and complete a Hiring Justification Outline. Mr. DePrima advised members that these forms are generally signed by the City Manager for departments assigned to him, by the Council President for Council Appointee Departments, and the Mayor for the Police. Once the forms are completed, the Human Resources Department begins the recruitment and hiring process.
Thus far, Mr. DePrima noted that there is one (1) vacancy being held open in each of the following departments: Library, Assessor’s Office, Customer Service, Water Construction, and the Electric Division. He stated that two (2) positions were considered mission critical: 1) The Council President has signed a “Permission to Recruit” form for an Accountant II in the Finance Department; and 2) The Mayor has signed a “Permission to Recruit” form for a uniformed Police Officer. An offer has been made to a potential candidate for the Police officer position.
Mr. DePrima suggested that in order to bring more inter-departmental uniformity as to what is “mission critical”, a review panel consisting of the Mayor, Council President, and City Manager is warranted. He explained that this would also serve as a good check and balance, and allow different points of view to be considered. This panel could meet and act quickly allowing for the timely hiring of mission critical positions during the hiring freeze.
Staff recommended approval of the hiring freeze for fiscal year 2009-2010, but to allow the hiring of critical positions through the review and approval of the Hiring Review Committee, which will be comprised of the Mayor, the Council President, and the City Manager.
Responding to Mr. Salters, Mr. DePrima stated that staff’s recommendation is for the approval of a hiring freeze, which would make it official, and also the creation of a mechanism to allow for critical positions to be hired. He clarified that the positions approved by the Mayor and Council President were replacements and did not allow for the hiring of additional employees.
Mr. Leary felt that a hiring freeze is a “Fait accompli” particularly in this environment. Alluding to their being previous discussion regarding this matter during the recent Council Retreat, of which he was not in attendance, Mr. Leary objected to the creation of a special committee since it was his opinion that there would be no position that could not wait two (2) weeks in order for the matter to be brought before the committee for their review and recommendation to Council.
Concurring, Mrs. Williams also felt that the recommendation would place the Mayor in a position of dictating to Council, which is not permitted in accordance with the City Charter. She stated that it would also put the Council President in a unique position whereby he would be voting on a position against the wishes of a majority of Council.
In order to avoid issues involving notice of agenda items, Mr. Slavin suggested that there could 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. Ruane relayed his concurrence with these matters being brought before the committee for their review and recommendation to City Council. He noted that staff’s recommendation is for approval of the hiring freeze for fiscal year 2009-2010 and questioned if it should be effective for fiscal year 2008-2009. Responding, Mr. DePrima confirmed that there was a typographical error and that the hiring freeze should be effective for fiscal year 2008-2009.
The committee recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Request for Authorization to Pay for Youth Advisory Council to Attend March 2009 Delaware League of Local Governments Meeting
Mrs. Russell submitted a request for members of the newly created Youth Advisory Council to be permitted to attend the March 2009 Delaware League of Local Governments meeting. Members were advised that there are 14 members and that the registration fee would be $20 per attendee, for a total of $280. Each year, funds are budgeted for City Council’s Training, Conferences, and Travel and for fiscal year 2008/2009, an amount of $15,381 was budgeted for this purpose. The balance for the remainder of the year is currently $8,966.
Mrs. Russell requested that the City Clerk be authorized to register and pay for the Youth Advisory Council to attend the March 2009 Delaware League of Local Governments Meeting.
Mr. McGlumphy relayed support for the request, explaining the importance of involving the youth in City government, and that the request is a mechanism to involve the youth at a minimal cost.
Mrs. Williams suggested that Mayor Wright with the Delaware League of Local Governments be contacted to determine if a discount could be provided.
Mr. Salters suggested that the City develop a budget for the Youth Advisory Council, explaining that Council needs to determine expenses in advance.
The committee recommended that the City Clerk be authorized to register and pay for the Youth Advisory Council to attend the March 2009 Delaware League of Local Governments Meeting, at a cost of $280.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and unanimously carried.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 24, 2009
The Safety Advisory and Transportation Committee met on February 24, 2009 with Chairman Leary presiding.
Final Recommendations of the North Dover Study
Ms. Juanita Wieczoreck, Director of the Dover/Kent MPO, reviewed a Presentation of the North Dover Study. She noted that the map depicted on the last slide of the presentation includes the various recommendations of the North Dover Study as prepared by RK&K. She advised members that the Dover/Kent MPO is moving forward with the recommendations and requested that the City support the plan and authorize City staff to work with DelDOT for their implementation.
Mr. Leary noted that the plan presented depicts a Civic Center, which has been clearly objected to by City Council. Ms. Wieczoreck stated that the traffic analysis did not include event traffic from the Civic Center; however, she explained that there was consideration of something being located at the site that would generate some traffic.
Mr. DePrima reiterated that the Dover/Kent MPO is requesting that City Council endorse the plan, which will authorize staff to work with the North Dover Study while reviewing planning commission applications. He advised members that there was significant public participation in this process for development of the recommendations.
Concurring, Ms. Wieczoreck stated that every business owner was contacted and “one on one” meetings were held. She also indicated that there were two (2) public meetings specifically for businesses and that separate meetings were held with residents to address concerns such as “cut through” property.
Responding to Mr. Davis regarding the recommendation for a partial closing of Leipsic Road, Ms. Wieczoreck stated that the closure is the result of a desire of Dover Downs to reduce vehicular traffic in areas of pedestrian traffic during the Nascar races. She explained that although Dover Downs would have no conflict with the roadway being opened during the “off season”, there is a trade-off: if their request for the closure is approved, Dover Downs would support the plan and be required to pay for some of the improvements during their next expansion.
Mr. Ruane alluded to the City’s Priority Transportation Projects, particularly items #5-#8, and questioned if the City has already endorsed many of the recommendations contained as a result of the North Dover Study. He also questioned what items would need to be added to the City’s Priority Transportation Projects List in order for there to be an understanding of endorsement of the North Dover Study.
At the request of Mr. Ruane, Ms. Wieczoreck reviewed the City’s Priority Transportation Projects and noted that item #5 - College Road Corridor Upgrades is not a part of the recommendations of the North Dover Study; however, item #6 - U.S. 13 Sidewalk Construction and item #7 - Crawford Carroll Avenue Extension are a part of the recommendations of the North Dover Study. She stated that item #8, U.S. Route 13 Service Road Corridor Study is the North Dover Study.
Responding to Mr. Ruane with regards to the City’s Comprehensive Plan, Ms. Wieczoreck stated that there were no land use changes proposed as a result of the recommendations. She assured members that Dover/Kent MPO met with the City’s Planning Department and discussed the need for the City’s support of the studies to assure that the City will work with DelDOT in securing the land rights necessary to move the projects forward.
Mr. Ruane suggested that action on this matter be deferred until after the discussion of agenda item #3 (Prioritization of Transportation Projects). Mr. Link felt that, based on earlier discussion, the committee would eliminate items #6 and #7 listed on the City’s Priority Transportation Projects List since they are already a part of the North Dover Study.
The committee recommended endorsement of the North Dover Study and that staff be instructed to provide support where appropriate.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Summary of Regional Transportation Plan Adopted by MPO Council
Members were provided with a summary of the Regional Transportation Plan that was adopted by the MPO Council, which was reviewed by Ms. Wieczoreck, Director of the Dover/Kent MPO.
Responding to Mr. Link, Ms. Wieczoreck advised members that the stimulus funds are mostly being utilized for maintenance projects, such as the paving of Route 113 from Frederica to Milford, and upgrading toll facilities. For Dover, she stated that there will be a Transportation Improvement Program amendment that the MPO Council will be considering at their next meeting to add $13.3M to the Dover Transit Center, funded through stimulus money.
Ms. Wieczoreck distributed information regarding a Bike Summit which is scheduled to be held on April 24, 2009 and indicated that she will be making a presentation to City Council during their Regular Meeting on March 9, 2009.
Discussion - Prioritization of Transportation Projects
Mr. Leary reminded members that each year, members of Council submit a prioritization list of transportation projects for the City of Dover to the Secretary of Transportation for the State of Delaware, as well as the Governor and other distinguished delegates, for their review and consideration. To aid in the initial review, members were provided the letter and list of projects submitted in 2008 for their consideration.
Based on the discussion which occurred during the consideration of item #1 - Final Recommendations of the North Dover Study, Mr. Leary suggested the elimination of items #6, #7, and #8 from the current list of projects.
Responding to Mr. Leary, Mr. Link suggested that item #10 - Garrison Tract Connector Road, be reordered. Concurring, Mr. Ruane suggested that item #10 be moved as priority #3 on the list due to the possibility of electric generation being located on the site.
The committee recommended that item #10 be moved as priority #3 on the Prioritization of Transportation Projects List.
Referring to the Policy/Program Prioritizations, item #1 - Weekend Bus Service, Mr. DePrima stated that since there is now a Saturday service, the City may wish to request consideration of Sunday and evening services. He also noted that item #3 - Red Light Photo Enforcement Program has been completed.
Based on the Comprehensive Plan meetings and its final recommendation of Council, as well as the interest in the community, Mr. Ruane suggested that item #4 - Bike Path Connectivity be moved as priority #2 on the list of Policy/Program Prioritizations since it is a much more important and doable matter.
The committee recommended that item #4 be moved as priority #2 on the Policy/Program Prioritization List.
The committee recommended approval of the Prioritization of Transportation Project List and the Policy/Program Prioritization List.
Responding to Mr. Ruane, Mr. Leary indicated that the North Dover Corridor Study was not included on the list since it was considered as a separate item.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #2), seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
By consent agenda, Mr. Slavin moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
MONTHLY REPORTS - JANUARY 2009
By motion of Mr. Slavin, seconded by Mr. McGlumphy, 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 (December and January)
QUARTERLY REVENUE REPORT/PROJECTED REVENUES FOR FY2010
Mrs. Mitchell, Controller/Treasurer, reviewed the Quarterly Revenue Report/Projected Revenues for FY2010 as of February 26, 2009.
In response to Mr. Ruane, Mr. Slavin clarified that when these quarterly reports were first requested of staff, the idea was for members to set the revenue for the budget to be drafted. During the budget hearings, Council would have the opportunity to make any adjustments that may be necessary. He confirmed that this particular report is take on a more significant meaning that the other quarterly reports provided to members.
Mr. Ruane referred to the transfer from electric fund for the General Fund and suggested that the FY2009 Projected amount ($6,758,100) be utilized in place of the FY2010 Projected amount ($7,250,000), explaining that the revenue model utilized by staff is not reflective of the current economic situation. He suggested that staff be conservative in this approach for any amounts that are developed based on projected growth.
In response to Mr. Ruane’s comments regarding the emission credit sales for Electric Revenue Fund, Mr. DePrima cautioned members not to utilize the $165,750 amount as a trend since it is not a monthly sales item.
Mr. McGlumphy requested that staff provide him with totals for all funds for FY2009, FY2009 Projected, and FY2010 Projected.
Mrs. Williams moved to decrease the total amount of revenue for all funds by 1.5% for sheer volatility in today’s market - to provide the City a safety cushion. The motion was seconded by Mr. Leary.
Council President Hogan relayed concern with the duplication of certain amounts when all three (3) funds are combined. Responding, Mr. DePrima indicated that the 1.5% could be applied to each fund separately.
Mr. McGiffin stated his opposition to an across the board limit at this stage in the process, noting that the direction provided will be utilized by staff in the preparation of the budget. It was his feeling that members will have an opportunity to review these amounts during the next few months to consider a more realistic projection for the next year. He stated that although he may not agree with Mr. Ruane, he did agree with the manner in which Mr. Ruane suggested consideration for revising amounts, that being revised in a logistical manner rather than arbitrary amounts being developed by an across the board revision.
Concurring with Mr. Leary, Mr. Slavin stated his pleasure to see the amounts in the report depict very conservative revenue projections. For respect of the models utilized for development of the revenue projections, he did not feel that members should make revisions at this time. He stated his objections to an across the board percentage decrease; however, he stated concurrence in the review of specific items such as those mentioned by Mr. Ruane.
Mr. DePrima noted that there will be a Special Meeting of Council in April and suggested that members could delay action until that time, which would allow for additional month(s) of data for determining the revenues.
On a call for the question by Mrs. Williams, the motion to decrease the revenue forecast in each of the three (3) funds by 1.5% for FY2010 failed by a roll call vote of five (5) no and four (4) yes (Mr. Leary, Mrs. Russell, Mr. McGlumphy, and Mrs. Williams).
Mr. Slavin moved for acceptance of the Quarterly Revenue Report/Projected Revenues for FY2010 as of February 28 2009, with two (2) adjustments, as follows: 1) the amount for the Transfer to Electric Fund in the General Fund to be adjusted to $6,758,100; and 2) the amount for the Emission Credit Sales in the Electric Fund to be adjusted to $274,267. The motion was seconded by Mr. Ruane and carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGiffin).
Mr. McGiffin explained that he does not disagree with staff’s projection with respect to emission credit sales; therefore, he did not support the motion.
PRESENTATION - DELAWARE BIKE SUMMIT (JUANITA WIECZORECK - DOVER/KENT MPO)
Ms. Juanita Wieczoreck, Director of the Dover/Kent MPO, distributed information regarding a Bike Summit which is scheduled to be held on April 24, 2009 from 8:00 a.m. to 4:15 p.m. at DelTech Terry Campus. She stated that the Summit is being held due to the increase in bicycle use and the need for information to be disseminated regarding safety, education, equipment, etc. She advised members that the Delaware Bicycle Council has a goal for Delaware being designated as a Bicycle Friendly State, which is offered by the League of American Bicycles.
Ms. Wieczoreck encouraged representatives of the City attend the Summit and stated that those interested may register online at www.bikesummit.com.
ANNUAL REPORT - PLANNING AND INSPECTIONS
By consent agenda, Mr. Slavin moved for acceptance of the Department of Planning and Inspections 2008 Annual Report (as on file in the Office of the City Clerk). The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE
City Assessor Russell requested that the 2009 Property Assessment Appeals be scheduled for May 18, 2009 through May 22, 2009, between the hours of 9:00 a.m. and 4:00 p.m., noting that the times are subject to change.
Council President Hogan requested to defer the appointment of the Assessment Appeals Committee until March 23, 2009.
Mr. Slavin moved to defer the appointment of the Assessment Appeals Committee as recommended by Council President Hogan and that the 2009 Property Assessment Appeals be scheduled for May 18, 2009 through May 22, 2009, between the hours of 9:00 a.m. and 4:00 p.m. The motion was seconded by Mr. McGlumphy and unanimously carried.
COUNCIL MEMBERS ANNOUNCEMENTS
Council President Hogan announced that a Council Workshop will be held tomorrow evening, March 10, 2009 beginning at 7:00 p.m., in the Council Chambers to discuss the Economic Development and the Comprehensive Annual Financial Report (CAFR).
Council President Hogan also reminded everyone that the St. Patrick’s Day Parade will be held on Saturday, March 14, 2009 at 2:00 p.m.
Mr. McGiffin advised members that the Jim McGiffin Pipe Band will be in the Parade. He also reminded members to mark their calendar for June 27, 2009 for the next African American Festival.
Mr. Slavin relayed congratulations to all the teams from Capital School District that competed in the Odyssey of the Mind tournament this past weekend held at the University of Delaware. He stated his belief that one of the teams from Dover High School placed first and will now move on to compete in the World Competition. He requested that the City Clerk and Mayor’s Office to prepare the appropriate congratulatory certificate similar to those issued to sports teams.
Mr. Leary moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 8:28 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 9, 2009, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy