REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 13, 2008 at 7:31 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, 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 Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Hogan requested that item #4, Proclamation - Halloween Trick-or-Treat, be considered as item #2C.
Mrs. Williams moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.
Mr. McGlumphy moved for approval of the consent agenda, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 22, 2008
The Minutes of the Regular Council Meeting of September 22, 2008 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
CERTIFICATE OF RECOGNITION - DOVER FEDERAL CREDIT UNION - 50TH ANNIVERSARY
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, Dover Federal Credit Union was first chartered in 1958 by military and civil service employees at Dover Air Force Base; and
WHEREAS, the credit union is governed by member-volunteers elected to the Board of Directors and managed by experienced financial professionals; and
WHEREAS, today Dover Federal Credit Union serves over 35,500 members from over 270 different select groups, has assets exceeding $200 million, and is celebrating its 50th Anniversary.
NOW THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby award this Certificate of Recognition to Dover Federal Credit Union in celebration of 50 years of service to the military and the Delaware community.
Awarded this 13th day of October, 2008
Mayor Carey presented the Certificate to Mr. David Clendaniel, representative of the Dover Federal Credit Union, and commended them for the service provided to the community.
Mr. Clendaniel thanked the City of Dover for the recognition.
CERTIFICATE OF RECOGNITION - JIM FLOOD, SR. - SERENITY PLACE RETIREMENT
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, Serenity Place, Inc. is a half-way house which provides chemically-dependent men with a place of transition between treatment in a recognized in-patient recovery program and being a clean, sober, self-reliant member of society; and
WHEREAS, Jim Flood, Sr. joined the Serenity Place, Inc. board of directors in 1993 and soon thereafter assumed the position of President; and
WHEREAS, Jim Flood, Sr. served as President of the Serenity Place, Inc. board of directors from 1993 until in his retirement in June of 2008; and
WHEREAS, during Jim Flood, Sr.'s tenure as President of the Serenity Place, Inc. board of directors, their facility located on Martin St. was expanded and renovated with $85,000 worth of improvements occurring within the last three years.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE this 13th day of October, 2008 do hereby present this Certificate of Recognition to JIM FLOOD, SR. for his dedicated service to Serenity Place, Inc. and their pursuit to assist these men in overcoming their addictions.
Mayor Carey presented the Certificate to Mr. Jim Flood, Sr. and relayed appreciation for the services he has provided to the community.
Mr. Flood introduced Mr. Bill Kircher, President, and Mr. William Boyles, Executive Director, of Serenity Place and indicated that they have had a great impact on its success. He congratulated all the members of the Board of Directors for their accomplishments throughout the years. He stated it has been his pleasure to know and his privilege to be associated with some of the men who have resided at Serenity Place who are now contributing members of the community.
PROCLAMATION - HALLOWEEN TRICK-OR-TREAT (October 31, 2008)
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from door to door in their neighborhood, displaying their costumes, and gathering treats; and
WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat; and
WHEREAS, residents are requested to indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Friday, October 31, 2008 between the hours of 6:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, CARLETON E. CAREY, SR. MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 31st day of October 2008, between the hours of 6:00 P.M. and 8:00 P.M. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children.
PRESENTATION - THE MAYOR’S ARTS AWARDS - DOVER SYMPHONY
Mayor Carey relayed appreciation to the Dover Symphony for the contributions they have made to the arts in the City of Dover and the tremendous progression that they have made during the last few years. He presented the Mayor’s Arts Awards to the Dover Symphony represented by: Ms. Laura Rogers, President; Ms. Betty May Hamilton, Past President; Mr. Donald Buxton, Artistic Director; and Mr. Ron Shomo, Past Artistic Director.
Mr. Buxton accepted the award on behalf of the Dover Symphony and relayed gratitude to Mr. Ron Shomo who started the Dover Symphony. He assured members that the Dover Symphony will continue to strive for excellence to portray one of the many jewels in the Capital City and thus, make the City proud of their efforts in this regard.
Mrs. Williams moved for a 10-minute recess to allow for a brief reception for the Dover Symphony, seconded by Mr. Leary and unanimously carried.
Meeting recessed at 7:44 p.m. and reconvened at 7:54 p.m.
Mr. Slavin moved to reconvene from recess, seconded by Mr. Leary and unanimously carried.
PRESENTATION - CITY INVESTMENTS
Due to the recent changes in the financial markets, staff was requested to provide a review with respect to the City’s investments. Mrs. Mitchell, Controller/Treasurer, reviewed a Presentation of a Review of Recent Changes in Financial Markets (Exhibit #1). She noted that the information contained in the presentation is as of September 26, 2008 and that there have been other substantial changes in the market. Mrs. Mitchell explained that the presentation is of the changes in the recent financial markets and how they would potentially impact the City’s investments, insurance policies, etc. and is not reflective of the City’s revenue or financial forecasts.
Responding to Mr. Slavin, Mrs. Mitchell stated that staff has discussed the possibility of deferring the $12M Water/Wastewater Bond Issue. She stated that staff has reviewed and prioritized the projects and has determined which projects must be completed this year. She advised members that staff will be proposing the use of reserves to fund the projects so that a bond issue is not necessary. Mrs. Mitchell advised members that this matter will be presented to the Utility Committee for their review and recommendation to City Council.
In response to Mr. Ruane, Mrs. Mitchell stated that, based on her analysis, she anticipates a reduction in realty transfer tax and will present this information to members with the Revenue Forecasts. She assured members that the one-time situations have been removed from her analysis.
No further action was taken by Council.
PUBLIC HEARING/PROPOSED RESOLUTION - APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
Members were provided a proposed Resolution for approving the issuance of certain bonds or notes by the Robbins Hose Company No. 1 of Dover. Mrs. Mitchell, Controller/Treasurer, advised members that the City was recently advised by the Robbins Hose Company No. 1 that they propose to issue up to $585,900 of bonds or notes of the Company for the purpose of financing a portion of the costs of a new Pierce Impel Pumper Mounted on an Impel Chassis fire truck, and related equipment for the Company.
Mrs. Mitchell explained that in accordance with Sections 103 and 147 of the Internal Revenue Code of 1986, interest on the Bonds will not qualify for exclusion from gross income of the owners for federal income tax purposes unless the issuance of the Bonds is approved by the applicable elected representative of a governmental unit with which the Company has entered into an agreement, and only after a public hearing to consider the issuance of the Bonds has been conducted, following reasonable public notice.
Responding to Mr. Ruane, Mrs. Mitchell indicated that the funds will be acquired through a commercial loan; not a bond issue. She stated that although the loan has actually been acquired, at an interest rate of 5.65%, the documents have not been signed pending the approval of Council.
Council President Hogan declared the public hearing open. There being no one present wishing to speak, Council President Hogan declared the public hearing closed.
Mr. McGiffin moved for adoption of the Resolution approving the issuance of certain bonds or notes by the Robbins Hose Company No. 1 of Dover, seconded by Mr. Slavin and by a unanimous roll call vote (Mr. Salters absent), Council adopted Council Resolution No. 2008-21, as follows:
RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the "Company") is a fire company organized and existing under the laws of the State of Delaware; and
WHEREAS, the Company has provided and continues to provide firefighting services to an area within the City of Dover, Delaware (the "City"); and
WHEREAS, the Company has advised the City that the Company proposes to issue up to $ 585,900 of bonds or notes of the Company (the "Bonds") for the purpose of financing a portion of the costs of a new Pierce Impel Pumper Mounted on an Impel Chassis fire truck, and related equipment thereon for the Company (the "Project"); and
WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 150 of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not qualify for exclusion from gross income of the owners thereof for federal income tax purposes unless the issuance of the Bonds is approved by the applicable elected representative of a governmental unit with which the Company has entered into an agreement, after a public hearing to consider the issuance of the Bonds has been conducted, following reasonable public notice; and
WHEREAS, the City and the Company previously entered into an Agreement (the "Agreement") pursuant to which the Company agreed, among other things, to provide exclusive firefighting services to the City; and
WHEREAS, notice of the requisite public hearing was published in the Delaware State News, a newspaper of general circulation in the City; and
WHEREAS, on October 13, 2008 the City Council of the City of Dover conducted a public hearing on behalf of the Company for the purpose of considering the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT, the Council of the City of Dover, Delaware, for the sole purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to Section 103 of the Code, does hereby approve the issuance of bonds or notes by the Company in a maximum aggregate principal amount of up to $ 585,900 for the purpose of financing a portion of the costs of the Project, provided, that such bonds or notes shall be an obligation of the Company and shall never be a debt of the City and the City shall not be liable for any payment on such bonds or notes.
ADOPTED: OCTOBER 13, 2008
UTILITY COMMITTEE REPORT - SEPTEMBER 22, 2008
The Utility Committee met on September 22, 2008 with Chairman Ruane presiding.
PACE/NAES
During their meeting of August 11, 2008, members were provided a presentation of the City of Dover Fiscal Year Energy Cost in Review for 2007-2008. Due to time constraints, members deferred discussion regarding the Dover 2030: Current Status of Proposal Process and Enhanced Reporting for FY2008 to the next committee meeting. It was noted that there are items discussed that will require further consideration by members at a future meeting.
Mr. Francis Hodsoll, Pace Global, provided a presentation, Review of Key Issues for Dover’s Wholesale Power Supply.
Fuel Oil Conversion: Significant Improvement in Expected Emission Profile and Significant Improvement in Capital Costs
Mr. Hodsoll reminded members that in response to new DNREC regulations (Regulation 1146), the City of Dover initially decided to install new emission controls. After learning more about the specific effectiveness of the emission controls within the McKee Run environment, the full cost of installing the controls, and the given changes in the market conditions, the initial plan was determined to be ineffective. It was previously reported to members that the economic and regulatory analysis conducted for the 1146 compliance plan demonstrated that the plan should be replaced with the fuel conversion project (saving the SNCR cost and providing for emission caps that are achievable).
In collaboration with DNREC, Mr. Hodsoll advised members that the City developed a plan to convert to a cleaner fuel and to make numerous plant modifications resulting in a significantly improved emission profile relative to the original plan. In addition, the new plan reduced the expected capital costs by approximately $1M. He stated that it is expected that the project would be completed by the end of the year and that the McKee Run will be in the position to maintain its capacity value and reliability for the City and flexibility with an improved emission profile. It was noted that the project will result in reduced energy revenues due to the high cost of distillate fuel.
Responding to Mr. Ruane, Mr. Hodsoll explained that the City has obtained a permit which was approved by DNREC and the EPA and that the collaboration mentioned was negotiating the terms of the permit.
For further clarification, Mr. DePrima explained that the 1146 Regulation documents that were negotiated and reviewed by the committee were no longer applicable since the City decided to convert from fuel oil #6 to fuel oil #2. He stated that since the 1146 Regulations no longer applied to the City, it was not necessary to amend the document, rather it became a moot document. The City was then instructed to apply for permits for the fuel conversion, which was accomplished.
In response to Mrs. Williams, Mr. Hodsoll indicated that the fuel conversion would provide approximately $1M savings compared to the SNCR costs that would have been required. Noting that this savings is relative to capital costs, Mr. Snaman questioned the effect of the costs for the fuel. Responding, Mr. Hodsoll stated that although the #2 fuel oil is more costly, more than $500,000 will be applied to inventory value, which is included in the capital cost of the $1M reduction. Therefore, although there is a higher fuel inventory cost, the overall cost for this project is $1M less. Going forth, there will be a higher cost associated with the #2 fuel oil; however, he stated that it is not anticipated that the plant will be run economically on #2 fuel oil, only for reliability, called up by PJM only when absolutely necessary. As a result, Mr. Hodsoll explained that there is not a reduction in value to the City in prospective of the #2 fuel oil being more costly.
SO2 Market: DC Circuit Court Vacated CAIR
Mr. Hodsoll reviewed the changes to the sulfur dioxide allowance market, explaining that Title IV of the 1990 Clean Air Act Amendments enabled the first market-based mechanism for controlling emissions and created the SO2 allowance. He reminded members that the DC Circuit Court vacated CAIR and as a result, there is an abundance of SO2 allowances in the market place. Mr. Hodsoll felt that Congress would like to address these allowances which would return the value of the SO2 allowances.
Mr. Ruane suggested that when the City is presented with opportunities such as this, they should be discussed with the legislators. He requested that staff develop a list of issues and proposed changes that are of interest to the City of Dover, and supported by the legislators, to be presented to the committee for consideration and development of recommendations to submit to the legislators for their consideration. Responding, Mr. DePrima assured members that staff would develop the list as requested and present it to members during an upcoming meeting. Noting that many of the legislators are busy due to the upcoming election, Mrs. Williams suggested that any contact be delayed until after the election.
Energy Markets and Hedge Positions: Year Over Year Cost of Service Protected
Mr. Hodsoll reviewed the composition of the wholesale power supply costs. He explained that the City has instituted a program to reduce the volatility of the wholesale market, which provides protection against price spikes, provides stability and increased certainty in volatile markets, improves planning, and provides rate stability for customers.
Responding to Mr. Salters, Mr. Lunt explained that the City’s plant capacity is 175 million watts, its obligation is 199 million watts, the load is 170 million watts, and there are certain CT obligations to provide power to PJM. If there were a total shut-off from PJM, the City and the entire peninsula would be without electricity. The City would have the ability to bring up, if not all, the majority of the City’s system through the generation, which would be an eight (8) hour process.
Regional Greenhouse Gas Initiative (RGGI): Dover Preparing for New RGGI Compliance Market
Mr. Hodsoll advised members that the Regional Greenhouse Gas Initiative (RGGI) is the first market-based compliance mechanism in the United States to reduce Greenhouse Gas Emissions. He stated that on June 30, 2008, Governor Minner signed into law the RGGI legislation and, as a result, DNREC plans to complete its RGGI rule by December 2008. He explained that there should be limited impact on electricity prices for the foreseeable future (next five years) as a result of RGGI.
Mr. Ruane questioned which years are used for the City’s benchmark for SO2 emissions and its average tonnage. Responding, Mr. Hodsoll indicated that the emissions cap was set based on emissions during the years 2000-2002 and assured members that additional information regarding the City’s allowances would be provided. City Clerk’s Office Note: Following the meeting, Mr. Hodsell submitted an email response dated September 23, 2008, which was an attachment to the committee minutes.
In response to Mrs. Williams, Mr. Hodsoll confirmed that generating plants in nearby states and their emissions have an impact on the City.
PACE/NAES Monthly Report (July)
There being no objections, Mr. Ruane deferred the PACE/NAES Monthly Report for July and requested that it be considered when the August report is presented to members for consideration.
Joint Use Pole Attachment Agreement - Verizon
Mr. Lunt, Public Utilities Director, provided members with a proposed Master Pole Joint-Use Agreement, between Verizon Delaware, Inc. (Verizon) and the City of Dover, for the poles located within the electric service territory. He explained that the proposed agreement will supersede the ordinance (which was anticipated in the ordinance); however, it incorporates the tenets of the Pole Attachment Ordinance and is essential as it addresses the pole ownership issues between the parties. The pole attachment rate mirrors the City’s pole attachment rate included in the ordinance, which is $8.17 per pole. It also includes the pole attachment rate that the City will pay to Verizon, which is $5.53 per pole.
Mr. Lunt explained that the fees compensate the City and Verizon for the carrying costs associated with constructing, operating and maintaining their respective poles. The fee can be considered the cost of “renting” a portion of the pole and is meant to recover pole related costs incurred by the City and Verizon. He noted that the implementation of this Agreement will net the City $31,024.78 annually, as outlined in Appendix A of the Agreement.
Mr. Lunt stated that staff has negotiated the proposed Agreement with Verizon and assured members that they concur with the proposed Agreement and accept the pole ownership count contained within the agreement.
Staff recommended approval of the Master Pole Joint-Use Agreement and that the City Manager be given authority to execute the agreement.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. McGlumphy moved for approval of the Master Pole Joint-Use Agreement (Exhibit #2), and that the City Manager be given authority to execute the agreement, as recommended by the committee. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Salters absent).
By consent agenda, Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Salters absent).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - SEPTEMBER 23, 2008
The Safety Advisory and Transportation Committee met on September 23, 2008 with Chairman Leary presiding. City Clerk’s Office Note: Due to the lack of a quorum, no official action could be taken by the committee.
Dangerous Building Standards/Process
Mrs. Townshend, Director of Planning and Inspections, along with Mr. Koenig, Public Services Director, provided information regarding dangerous building standards and the process. It was noted that after bringing buildings forward to City Council requesting that they be declared dangerous and ordered demolished or repaired, staff would receive several questions regarding the process for identifying dangerous buildings and how that process is applied.
Mrs. Townshend advised members that the process for demolition of a structure identified as dangerous is prescribed in Chapter 22 - Buildings and Building Regulations, Article XI - Dangerous Buildings of the Dover Code. In addition, members were provided a check list developed several years ago that the inspectors utilize to take a building through the process.
Mrs. Townshend explained how the process is triggered, stating that each inspector is assigned a territory of the City for code enforcement. On properties where there are chronic and serious violations and where there has been little or no movement toward code compliance, inspectors will request that a building be added to the dangerous building list to move forward to City Council according to the process set forth in the Dover Code. Section 22-381 of Dover Code defines a list of 13 items which, if present, constitute a dangerous building. It was noted that buildings that are brought forward to Council meet numerous items within the definition. Mrs. Townshend stated that many of the buildings added to the department's list do not reach the level of City Council because initiating the process frequently compels progress towards code compliance.
Recently, Mrs. Townshend stated that staff has determined that there is a need to develop a more objective, systematic way of determining which buildings in the City need to be added to the dangerous building list. Mr. Taraila, Code Enforcement Supervisor, has been requested to establish a new procedure to better define how a building is added to the department's dangerous building list, thereby triggering the process set forth in Chapter 22, Article XI. Once the process has been triggered, the Code is prescriptive as to the process and the required notifications that must take place. The checklist provided to members outlines this process. For all buildings brought to Council, staff ensures that these code requirements are fulfilled.
Mrs. Russell relayed concern that there are different standards for commercial properties than for residential. She stated that a commercial building was recently purchased and after the purchase, the City inspector indicated to the new owners that there were several code violations that required attention. It was her feeling that the City should have cited the previous owners of the building and required them to bring the building into compliance prior to their selling the building.
Responding, Mrs. Townshend explained that a certificate of occupancy is required for commercial buildings, which requires staff to inspect the property in order to issue the certificate. This type of system is not required for rental residential dwellings, other than buildings that have public occupancy, which have annual inspections.
Referring to the annual inspections required of residential rental properties, Mrs. Russell suggested that the same annual inspections should be required of commercial rental properties. Responding, Mrs. Townshend indicated that the Dover Code does not address commercial rental properties in this respect. Mr. Koenig noted that there are numerous commercial rental properties throughout the City.
After much discussion, Mrs. Townshend stated that staff would meet and provide to members what is required through public occupancy and what the Code provides for to determine if Council may wish to make amendments. Concurring, Mr. Leary felt that this issue should be included for discussion at a future meeting.
Vacant Building Standards/Process
Mrs. Townshend, Director of Planning and Inspections, advised members that since the passage of the Vacant Building Ordinance in June 2006, there have been questions about how the ordinance is implemented and whether or not it has been effective. For informational purposes, members were provided Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings of the Dover Code. In addition, members were provided a memo from Mr. Taraila, Code Enforcement Supervisor, distributed to the code enforcement inspectors, with an updated procedure for vacant building registration.
Mrs. Townshend noted that the City's list currently includes 40 active vacant building registrations. Of those 40, seven (7) have paid the registration fee. Others have indicated that they are exempt from the registration fee because they are either actively for sale or lease or they are being renovated under an active building permit. Since the Vacant Building Ordinance has gone into effect, 70 buildings have been registered, but many have come off the list because they have either been demolished by the owner or re-occupied. Some examples of these are the new Sonic on Route 13,
the Kidz Inc. Day Care Center on North Street, and 1335 Walker Road (a vacant residence).
Mrs. Townshend stated that many vacant buildings are also in violation of other code requirements, and assured members that the code enforcement inspectors work to apply the Vacant Building Ordinance in conjunction with other codes to address the entire property.
Mr. Taraila reviewed a listing of Case Statistics by Case Type (Attachment #1) and a listing of Licenses by Classification (Attachment #2). He explained that the goal is to occupy such buildings since occupancy serves as the best deterrent against the deterioration of buildings.
Briefing on City of Dover Projects - Wyoming Mill Road Project
Mr. Koenig, Public Service Manager, advised members that he has been in contact with the Wyoming Mill Road Project Manager, Mr. Jeff Niezgoda of DelDOT. Mr. Niezgoda indicated that as of September 8, 2008, DelDOT's Finance Department was working with Federal Highways in order to transfer the funds for the design phase. The design contract has been issued to McCormick Taylor. Mr. Koenig stated that the design work was halted due to land transfer issues, which has since been resolved. Federal Highway will be releasing the design funds; therefore, this work will begin again. Mr. Niezgoda also indicated that DelDOT received approval from Federal Highways to use the appraised value of the right-of-way for the soft-match (80-20 match). The appraised value of the right-of-way was approximately $88,000. He stated that DelDOT was expecting all design purchase orders to be issued within a week and that the work would ensue.
Responding to Mr. Leary, Mr. Koenig stated that prior to the design phase issue, it was expected that the roadway would be completed by Fall 2009; however, due to the delay, it is anticipated that it will be completed by Spring 2010.
Mr. Leary requested that Mr. Koenig keep members abreast of the development of the Wyoming Mill Road Project.
By consent agenda, Mr. McGlumphy moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Salters absent).
MONTHLY REPORTS - AUGUST 2008
By motion of Mr. McGlumphy, seconded by Mr. McGiffin, the following monthly reports were accepted by consent agenda (Mr. Salters absent):
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
Dover Fire Department Report (July, August, and September)
CIP Report
EVALUATION OF BIDS - FY-2009 STREET PROGRAM
In conjunction with the City of Dover’s Capital Investments Plan, it is proposed to rehabilitate various pavement sections throughout the City of Dover during Fiscal 2009. Members were advised of the locations included in the proposed scope of work to be completed under the FY-2009 Street Program, as follows:
Spruance Road Stoney Drive Independence Boulevard Turnberry Drive
Park Avenue Oakridge Alley Fawn Street Woodsedge Road
Hiawatha Lane Reed Street E. Loockerman Street Meadows Drive
Greenway Lane S. Edgehill Avenue Brandywine Drive Mary Street
N. Edgehill Avenue
Mr. DePrima, City Manager, advised members that seven (7) contractors submitted unit price bids for the proposed work to be performed. Based on the proposed quantities, staff developed estimated contract values and, as a result, it has been determined that the low bid was received from Daisy Construction Co., Newport, Delaware, in the amount of $1,749,620.08. Members were reminded that the FY-2009 Street Program contract documents allow staff to alter quantities up to 35% without changes to unit prices; therefore, the contract final value may be adjusted to reflect all available funding.
Staff recommended awarding a unit price contract for the FY-2009 Street Program to Daisy Construction Co. based on the unit prices for each work item as provided to members. The scope of work for the program will be altered to reflect the funding that has been secured to complete each
location. The Public Services Manager may add or delete from the contract based on available funding throughout the contract period and inform the City Manager of such additions or deletions. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover. The total work authorized under this contract will not exceed the available funding. It was noted that as of September 25, 2008, the amount of available funding $1,610,395.
Responding to Mr. Ruane, Mr. DePrima stated that, ultimately, the roadways included in the project are designated by the local legislators; however, the City provides them with guidance as to which roads are in need of improvements.
Mr. Ruane moved for approval of staff’s recommendation for funding the FY-2009 Street Program and awarding the contract to Daisy Construction Co. based on the unit prices for each work item as described in “Attachment A” of the Committee Action Form (Exhibit #3). The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Salters absent).
EVALUATION OF BIDS - COMMERCIAL 4WD TURBO CHARGED DIESEL WING MOWER
Staff solicited bids for a Commercial, 4WD, Turbo Wing Mower. The bid specifications reflected horsepower and operating requirements for a Commercial, 4WD, Turbo Wing Mower. The bid documents also allowed for equals to be submitted. Members were advised of the following bids submitted:
Company Location Model Bid Amount
Atlantic Tractor Clatyon, DE John Deere 1600 Turbo $45,400.00
G.L. Cornell Company Gaithersburg, MD Jacobsen HR-511 $46,250.00
Turf Equipment & Supply Jessup, MD Toro Groundmaster 4100-D $48,253.00
Based on a review of the bids, Mr. DePrima, City Manager, stated that staff rejected Atlantic Tractor and G.L. Cornell Company because they did not meet the bid specifications. He assured members that their “equivalent” proposals were rejected after careful consideration. Only the Toro Groundmaster unit proposed by Turf Equipment and Supply met the 58 hp net requirement and, most importantly, only the Toro unit met the all-out-front rotary mower mounted forward of the operator’s line of sight. With the all-out-front mowing decks the operator can see the clearance of the mowing decks in relation to obstructions such as trees, shrubs, and structures. The other units are bat wing type mowers that have a mowing deck out front and wing mowers on each side.
Staff recommended awarding the contract for the purchase of the Commercial, 4WD, Turbo Charged Diesel Wing Mower to the qualifying low bidder, Turf Equipment & Supply Co., in the amount of $48,253.00.
Responding to Mr. Ruane, Mr. DePrima stated that pre-bid meetings are not scheduled for the purchase of vehicles. He explained that pre-bid meetings are typically scheduled for larger construction and complex projects.
Mr. Slavin moved for approval of staff’s recommendation to award the contract for the purchase of the Commercial, 4WD, Turbo Charged Diesel Wing Mower to the qualifying low bidder Turf Equipment & Supply Co., in the amount of $48,253.00. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Salters absent).
EVALUATION OF BIDS - TRUCK PURCHASES - PUBLIC UTILITIES (VEHICLE REPLACEMENT EFFICIENCY AND BID SUMMARY)
Mr. DePrima, City Manager, provided information pertaining to the recently adopted Green Purchasing Sections to the Purchasing Policy that allows staff to not just accept the low bidder, but also to consider costs associated with vehicles and equipment, such as fuel. As an example, he stated that staff re-evaluated the vehicles proposed in the budget and selected a Chevrolet HHR panel van as the most efficient vehicle capable of performing the service. He advised members that the HHR is a small van that will work well for the two (2) locators and the meter technician. Staff selected a panel van to allow the installation of shelves to carry maps, paint, and equipment for the locators and meters/equipment for the meter technician.
Mr. DePrima advised members that the budget provides for $15,445 for a 2009 Pick-up truck in Water/Wastewater Engineering, $18,500 for a 2009 Pick-up truck in Electric Transmission & Distribution, and $15,445 for a 2009 Pick-up truck in Electric Engineering, for a total cost of $49,390. He stated that the City received seven (7) bids from interested dealers. Members were advised that Townsend Brothers was selected due to Local Vendor Preference, which resulted in an evaluated price of $15,752.80 each (actual bid price was $16,247), for a contract price of $48,741, which is below the total budget estimate.
Mr. DePrima reiterated that this information was being provided for informational purposes only. It was felt that this information would highlight to the citizens how the City is implementing the Green Purchasing Policy, fleet efficiency, etc.
Mr. Ruane commended staff for moving this program forward. He thanked those local members of the Sierra Club that made an initial presentation to the City’s Utility Committee, which resulted in the adoption of the Cool Cities Program by City Council. He acknowledged the Mayor’s Office for their efforts and noted that the City of Dover is one of the leading municipalities in Delaware with this program.
Mr. Slavin moved for approval of the report provided by staff, seconded by Mrs. Russell and unanimously carried (Mr. Salters absent).
EVALUATION OF BIDS - 69KV FEEDERS 3 & 4 - PHASE II CONSTRUCTION
Members were advised that bids were solicited for the construction contract for Phase II of the 69 Kv Feeders 3 & 4. A mandatory pre-bid meeting was advertised according to the City purchasing policy and nine (9) potential bidders attended the meeting. As a result, the City received two (2) proposals.
Mr. DePrima, City Manager, explained that the proposals were evaluated using the following criteria: cost, experience, references, resources, safety records, and exceptions to bid documents. Upon review, it was determined that both bidders were qualified. The low bidder was interviewed to ensure understanding of the project. The bidder understood the project scope; however, some clarifications were required and negotiations took place to get any additional costs which may be required. After a thorough review, both Shaw EDS (our consulting engineering firm) and City staff determined that a contract offer should be extended to the low bidder, Richardson-Wayland Electrical Co. As allowed by the City of Dover Purchasing Policy, members were advised that staff negotiated a total contract price and accepted a final and best offer from Richardson-Wayland Electrical Co.
Staff recommended awarding the bid for the construction contract for Phase II of the 69 Kv Feeders 3 & 4 to the low bidder, Richardson-Wayland Electrical Co., for $1,486,368.50, which is comprised of $1,101,288.50 for materials and construction, $290,580 for abandoned line demolition, and $94,500 for optional pole foundations.
Responding to Mrs. Williams, Mr. Lunt, Public Utilities Director, advised members that Phase II of the Kv Feeders 3 & 4 construction will begin at the St. Jones Substation (Kings Highway) and will follow the existing transmission line over to Delaware Avenue and back to the railroad tracks. He stated that there is also another small section by the former ice plant.
Mr. Ruane questioned the notification to nearby residents regarding any possible disconnect. Mr. Lunt assured members that customers will be notified of any scheduled outages.
Mr. DePrima provided members with a revised tracking report (Exhibit #4), explaining that the report was provided with the action form.
Mr. Slavin moved for approval of staff’s recommendation to award the bid for the construction contract for Phase II of the 69 Kv Feeders 3 & 4 to the low bidder, Richardson-Wayland Electrical Co., for $1,486,368.50 which is comprised of $1,101,288.50 for materials and construction, $290,580 for abandoned line demolition, and $94,500 for optional pole foundations. The motion was seconded by Mr. Ruane and carried by a unanimous roll call vote (Mr. Salters absent).
EVALUATION OF BIDS - WATER STORAGE TANK MAINTENANCE CONTRACT
Members were advised that the City of Dover’s ten (10) year contract for the maintenance of the six (6) elevated water storage tanks, and specified water treatment plant facilities, has expired. An RFP was developed to institute a new contract for the next ten (10) year period. The proposed contract will include the painting of each tank and designated water treatment plant facility, annual inspections, and routine and specialized maintenance on each facility for ten (10) years. If non-anticipated maintenance items are discovered during inspections, repairs will be performed only upon approval by the Public Utilities Department. These repairs will be in addition to the contract amount.
Mr. DePrima, City Manager, explained that this contract is an operational budget item and is needed to maintain the integrity of each facility, as well as for the safety of the individuals that access these structures. He stated that bids were solicited and four (4) bid responses were received; however, one (1) bid did not provide information on a portion of the overall bid and was rejected.
Staff recommended awarding the bid to the low bidder, Corrosion Control Corporation, for the ten (10) year base amount of $741,800.
In response to Mr. Ruane, Mr. DePrima stated that he is not aware of any “escape” clause. He explained that in order to commit companies to the bid amounts provided, the City must provide assurance of a certain amount of work over the years. He assured members that this is not the type of maintenance that the City would decide to defer.
Mr. McGiffin moved for approval of staff’s recommendation to award the bid to the low bidder, Corrosion Control Corporation, for the ten (10) year base amount of $741,800. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Salters absent).
TITLE V GRANT THROUGH CRIMINAL JUSTICE COUNCIL (CJC) - AID IN DOVER/GIRLS CIRCLE (LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 13, 2008)
During the Legislative, Finance, and Administration Committee meeting held earlier this evening, members considered a request for approval of the Title V Grant application through the Criminal Justice Council (CJC) in partnership with Aid in Dover, Inc., for the Girls Circle of Dover Program. It was noted that, due to time constraints, staff had requested that this matter be considered during the Council Meeting later in the evening for final approval.
During the committee meeting, Mrs. Townshend, Director of Planning and Inspections, reminded members that last year the City of Dover, in coordination with Aid in Dover, received a grant from the Criminal Justice Council for the Girls Circle of Dover Program, which provides youth programming for at-risk girls. She advised members that the grant is a five-year grant that needs to be renewed each year through the Criminal Justice Council. The continuation for the current grant year requires review and approval by City Council before it can be submitted to the Criminal Justice Council. Mrs. Townshend indicated that the scope of the grant remains the same, as it will be used to provide programming for at-risk girls to help them to make positive choices. The grant application, including the budget, was provided to members for their review.
Staff recommended approval of the application for funds through this grant in partnership with Aid in Dover, Inc.
In reviewing the material provided, Mr. Ruane felt that it is well documented and is an excellent program. However, he stated that it has been his experience that the at-risk girls are associated more with the neighborhood than a school. He questioned if this program has a means of providing an outreach worker that would go to the neighborhoods/streets as opposed to reaching the girls entirely within a school setting.
Responding, Mrs. Williams stated that the school system approach is being utilized since the curriculum is based on trust. She explained that the only means of providing regular scheduling, which is required by Title V, is through a setting that provides a regular routine. She stated that the Girls Circle of Dover is not an outreach program and that the same participation by the girls would not occur outside of the school. However, Mrs. Williams stated that it is hoped that the program provides for good decision making and peer support outside of the school.
Mr. Ruane suggested that there be some type of exploration of extending the program by including some type of community outreach.
Mr. Slavin suggested that members consider costs involved with “pass through” grants.
The committee recommended that staff be authorized to forward the application for funds through this grant in partnership with Aid in Dover, Inc. to the Criminal Justice Council.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a roll call vote of seven (7) yes, one (1) abstention (Mrs. Williams), and one (1) absent (Mr. Salters). Mrs. Williams explained that her abstention was due to her affiliation with the Criminal Justice Council and Aid in Dover, Inc.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and unanimously carried.
APPOINTMENT OF CITY ASSESSOR
Mr. DePrima, City Manager, advised members that interviews for the position of City Assessor were conducted on August 13th and 14th. The interview committee was comprised of Council President Hogan, Councilwoman Russell, Councilman Ruane, Mr. DePrima, City Manager, and Mrs. Hawkins, Human Resources Director. Three candidates were selected for interviews.
The committee recommended that Cheryl Russell be offered the position of City Assessor. She will be required to obtain her AAS (Assessment Administration Specialist) certification within one year of October 14, 2008. The recommended salary is $53,548, which was calculated using the Pay for Performance system. Her years as Assistant City Assessor and Acting City Assessor were considered when calculating the salary. The salary offer is towards the top of the below market range. Ms. Russell has been offered the position and has accepted. She is aware the offer is contingent upon Council approval.
Mr. Slavin moved to appoint Ms. Cheryl Russell to serve as City Assessor with a salary in the amount of $53,548 and the requirement that Ms. Russell obtain her AAS (Assessment Administration Specialist) Certification within one year of October 14, 2008. The motion was seconded by Mr. McGiffin and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Mr. Salters).
APPOINTMENTS RECOMMENDED BY MAYOR CAREY - HUMAN RELATIONS COMMISSION
Mayor Carey requested approval of the following appointments to the Human Relations Commission: