REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 9, 2008 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 Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell.
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.
Ms. Abigail Burke, 847 Schoolhouse Lane, provided a bottle of discolored water from her home.
Mr. DePrima advised members that there has been a substantial increase in brown water complaints this past weekend. He stated that the increased number of complaints is directly related to the heat, explaining that two (2) of the three (3) power plants were turned on and the power plants use a substantial amount of water. When the power plants are turned on abruptly, it causes sediments in the settled water to mix in the water system. Mr. DePrima stated that although this problem affected the entire City, those areas in close proximity to the power plant were most affected.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Hogan noted that Mayor Carey has requested the deletion of the recommendation for the appointment of Laura Simmons, listed as item #6 for agenda item #12 - Appointments Recommended by Mayor Carey - Downtown Dover Partnership.
Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
Mr. Leary moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 27, 2008
The Minutes of the Regular Council Meeting of May 27, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Carey.
PRESENTATION - GFOA DISTINGUISHED BUDGET AWARD
The Government Finance Officers Association Distinguished Budget Presentation Award was awarded to the City of Dover for the Fiscal Year beginning July 2007. This award signifies the excellent manner in which the City prepares and presents its budget. Mayor Carey and Mr. Slavin (Chairman of the Legislative, Finance, and Administration Committee) presented the award to Mr. DePrima, City Manager; Mrs. Tieman, Senior City Administrator; and Mrs. Mitchell, Controller/Treasurer. Noting that this is the 18th time the City has received this award, the Budget Team was commended for their efforts.
PROCLAMATION - FLAG DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY"; and
WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK"; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of unity, devotion to freedom, and the equal rights of all.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim June 14, 2008 as FLAG DAY in the City of Dover and urge all residents to PAUSE FOR THE PLEDGE OF ALLEGIANCE in honor of the Flag of the United States of America.
PROCLAMATION - RACE UNITY DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the greatest challenge facing humanity is the recognition of the oneness of humankind; and
WHEREAS, any act which discriminates against or otherwise restricts the human rights of any person or group of persons demeans their dignity; and
WHEREAS, it is important that we uphold an equal standing of human rights for all persons; and
WHEREAS, we affirm our belief in the kinship of humankind, the equality of men and women, and that all persons are equal in their spiritual essence and human dignity; and
WHEREAS, the recognition that humankind belongs to one family brings with it the a responsibility to respect and to help one another in every way; and
WHEREAS, Race Unity Day was inaugurated in 1957 and has been recognized by the United Nations and by a resolution of the Delaware General Assembly; and
WHEREAS, the goals of Race Unity Day are consistent with the objectives of the Dover Human Relations Commission.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Sunday, June 10, 2008 as RACE UNITY DAY in the City of Dover and urge all residents to promote in themselves and in their community, those qualities and attributes which will generate the recognition that humankind belongs to one family, to fight prejudice wherever it is found, and to ensure that all persons have an equal opportunity to develop their unique capacities.
PUBLIC HEARING - 2008/2009 ELECTRIC REVENUE FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with Section 505 of the 1993 Electric Revenue Refunding Bond Issue (Refunding 1985 Electric Revenue Bond) prior to adoption of the budget. The public hearing was properly advertised for this time and place.
Prior to the public hearing, Mrs. Tieman, Senior City Administrator, reviewed a presentation regarding the Electric Rate Adjustment Considerations.
Responding to Mr. Ruane, Mrs. Tieman explained that several utility companies provide different rates for the summer and winter and that the City of Dover maintains one (1) rate throughout the year. She advised members that in accordance with the residential rate comparison of 11 utility companies, during the summer rates, the City of Dover is third lowest, and during the winter rates, the City of Dover is sixth lowest. If the rate adjustments are approved, after July 1st, Mrs. Tieman felt confident that the City would remain competitive.
Council President Hogan declared the public hearing open.
Ms. Abigail Burke, 847 Schoolhouse Lane, referred to the Electric Cost of Service Study conducted by Burns and McDonnell and questioned its cost to the City. She also questioned the need to acquire a firm from Kansas City rather than having the City’s Electric Director and his committee conduct the study. Responding, Council President Hogan assured Ms. Burke that staff would provide her with the costs for the study. Mrs. Mitchell indicated that the study was paid for by the Electric Fund. She also explained that the City does not have the staff available to conduct such a study and that the bond covenants require an independent analysis to be conducted, which excludes that ability to utilize City staff.
Ms. Burke advised members that when her employer provides her a pay raise, she would be fortunate to receive a maximum 2% increase, and never has she received a raise as much as 8%. She noted the increase in gas prices and stated that due to the current economy, she is concerned with the impact the rate increase will have on the public. It was her feeling that there is adequate land in Delaware for the City to build a power plant or windmills to generate natural energy. She suggested that the City consider alternatives rather than purchasing electric energy from other sources.
Ms. Karen Rogers, 1133 South Little Creek Road - Lot 32, indicated that she is on a fixed income which may increase 3% each year. Noting that the City increased rates last year with a promise that it would satisfy the increase in costs, she questioned how residents will be able to pay for the increase in utility bills. With the price increase for gas and food, she also questioned how the City can justify an 8% increase to their customers. Ms. Rogers noted that the City is utilizing a new oil that does not require “cooling down” after use, which will save $350,000 per year, she questioned if this savings has been considered in the 8% increase proposed.
There being no one else present wishing to speak during the public hearing, Council President Hogan declared the public hearing closed.
Council President Hogan announced that the First Reading of the Electric Fund Budget Ordinance is scheduled to take place during the latter part of the meeting.
REQUEST FOR EXTENSION OF REZONING APPROVAL - PROPERTIES LOCATED ON SOUTH WEST STREET (CAPITAL SCRAP YARD), OWNED BY THE DOWNTOWN DOVER DEVELOPMENT CORPORATION
In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council.
Members were reminded that during their Regular Meeting of July 9, 2007, City Council approved the rezoning of eight (8) parcels, totaling 1.4601+/- acres, located on South West Street (Capital Scrap Yard) from C-3 (Service Commercial) to C-2A (Limited Central Commercial). The property is owned by Downtown Dover Development Corporation (DDDC).
A letter was received from Mr. Patterson, President of the DDDC, requesting an extension of the C-2A zoning classification. He explained that during the past year, the site has been under an environmental clean-up being performed by contractors in coordination with the DDDC and the Department of Natural Resources and Environmental Control, which is now complete. Mr. Patterson indicated that a minor lot line adjustment is expected to be submitted to the City’s Planning Office in June 2008 and, once complete, development plans for the site will follow. Since there has been significant progress in preparing the site for redevelopment, he requested that City Council extend the rezoning approved for the site.
Mr. Slavin moved for approval of the extension of the rezoning for the eight (8) parcels located on South West Street (Capital Scrap Yard), owned by the DDDC, for an additional year. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENT - STAFF SUBSTITUTE #1 FOR ORDINANCE #2008-25
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that proposes to relieve applicants from any potential hardship imposed by the location of a corner lot with frontages on two corridors subject to the Corridor Overlay Zone. Specifically, it limits the applicability of the parking location and setback requirements set forth in the Corridor Overlay Zone to only one corridor.
Mr. Leary moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of April 28, 2008).
Mrs. Townshend, Director of Planning and Inspections, reviewed the petition to amend zoning ordinance text. She advised members that the Planning Commission recommended approval of the proposed amendment (Staff Substitute #1 for Ordinance #2008-25, which amends Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), by adding a new subsection 27.7 - Properties Located on a Corner Lot with Two Frontages within the Corridor Overlay Zone.
Council President Hogan declared the hearing open.
Mr. Phil McGinnis, 555 East Loockerman Street, indicated his support for the proposed zoning text amendment.
There being no one else wishing to speak, Council President Hogan declared the hearing closed.
Mr. Slavin moved for adoption of staff substitute #1 for Ordinance #2008-25, the motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter: Appendix B – Zoning Ordinance, Article 3 – District Regulations, Section 27 Corridor Overlay Zone 1 (COZ-1) be amended by adding a new subsection 27.7 as follows:
Sec. 27.7 Properties Located on a Corner Lot with Two Frontages within the Corridor Overlay Zone. When a property is located on the corner of two corridors within the Corridor Overlay Zone, only one of the two corridors shall be subject to the requirements of Section 27.61 Setbacks and Section 27.63(a) Parking Location. The frontage of the property on which the identifiable front of the building is located shall be the frontage that is subject to the requirements of Section 27.61 and Section 27.63(a). In designing the site, in order to qualify for the relief under this subsection, the applicant must demonstrate to the satisfaction of the planning commission that the design incorporates the principles of superior urban design defined in Section 27.2.
ADOPTED: JUNE 9, 2008
UTILITY COMMITTEE REPORT - MAY 27, 2008
The Utility Committee met on May 27, 2008 with Chairman Ruane presiding.
2030 Power Plant Development
Mr. Lunt, Public Utilities Director, advised members that since May 2007, the Dover 2030 Energy Requirements Committee has been meeting approximately every month to review the PJM Market, evaluate the capacity/energy requirements of the City’s system, and identify action plans to address the City’s future energy needs. He stated that after extensive discussion on the market and capacity/energy shortfall, it was decided to solicit the energy development market to gain knowledge of what options are available to the City through a Request for Qualifications process. The goal was to gain information and knowledge from the potential developers and identify possible solutions to the City’s requirements. This concept was outlined at the January 14, 2008 Utility Committee Meeting.
Mr. Lunt indicated that the second phase of this process is beginning, which is to evaluate the four (4) submissions to determine the most economical and feasible solution to the City’s future needs. A summary of the four (4) responses was provided to members for information purposes. He explained that the recommended negotiated contract will be to compensate Pace Global Asset Management, LLC (PACE) for the expenses related to this evaluation. The authority to enter this partnership was outlined in the May 4, 2006 Energy Management Agreement whereby the City of Dover (City) and PACE contracted with PACE to assist the City with its energy procurement, energy sale, purchase of fuels, establishment and management of risk policies, operation of assets, develop and manage hedging protocols and related energy procurement challenges. Within this Agreement, Article 3 – Energy Manager Function, Section 3.1 (a) (iv) allows for other technical/consulting services at the disclosed hourly rate upon express written requests and instructions from Dover.
Mr. Lunt indicated that Dover has outlined the scope of work and reviewed the proposal received from PACE. He noted that, within the proposal, they anticipated that the second phase of this process would take approximately five (5) months with a cost of $30,000/month retainer fee, plus five percent (5%) G&A and travel reimbursement for a projected expense of $150,000 plus $7,500 G&A and $2,500 for travel, or a total estimate of $160,000. Mr. Lunt stated that there also is a true-up for the retainer fee where the final billing will be for the total actual hours expended during the second phase. If PACE expends less hours, the invoice will credit the City; however, if they expend more time than anticipated, the City will only be billed for the $30,000. This method will ensure that the City can control their expenses.
Staff recommended that the City Manager be authorized to execute the Pace Global Asset Management Generation RFP as presented for an estimated expense of $160,000.
The committee recommended approval of staff’s recommendation.
Mrs. Mitchell, Controller/Treasurer, noted that the project is included in the FY2009 Budget and relayed her concern regarding the approval of the request prior to the budget. She indicated her support for the request, with the stipulation that no further action will take place until the project receives approval in the FY2009 Budget.
Mr. Ruane moved for approval of the committee’s recommendation to authorize the City Manager to execute the Pace Global Asset Management Generation RFP as presented for an estimated expense of $160,000. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Final Electric Cost of Service Study by Burns & McDonnell
During their meeting of May 12, 2008, members reviewed a presentation of the Electric Cost of Service Study. Members were provided an explanation regarding the need for adjustments, net margins, cost of service considerations, and potential rate adjustments. It was noted that the rate design analysis indicates the need for a seven percent (7%) rate adjustment on July 1, 2008, and that the rate adjustments by class may vary depending on the cost of service results. As a result of the Study being completed, Mr. Ted Kelley, Principle with Burns & McDonnell, reviewed a presentation of the Electric Rate Adjustment Considerations.
Referring to the Residential Rate Comparison of other utility providers, Mr. Ruane requested that members be provided an up-to-date list, as of a date certain, when this matter is presented to City Council for consideration.
Mr. Cregar relayed concern that members were not provided ample opportunity to review the material, noting that receipt of the information was provided during the meeting rather than included in the committee’s packet.
The committee recommended acceptance of the rate adjustments as recommended by Burns & McDonnell.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
2008 Comprehensive Plan Review: Utility Chapter
As directed, staff provided members with the Utility Chapter of the 2008 Comprehensive Plan for their review, which included Chapter 7 - Public Utilities and Infrastructure Plan.
Mr. Ruane suggested that staff include a section that would consist of a general outline of how the electric is brought to the City. He also suggested that if there is a goal statement, there should be a paragraph explaining why the goal is necessary (the problem or challenge).
PACE/NAES Monthly Report (April)
Mr. DePrima provided the PACE/NAES Monthly Report for April 2008. He reminded members that the reports are being provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. It was not his intention to make a presentation of the report; however, he welcomed any questions.
The committee recommended acceptance of the PACE/NAES Monthly Report for April 2008.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Leary moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 27, 2008
The Legislative, Finance, and Administration Committee met on May 27, 2008 with Chairman Slavin presiding.
Downtown Dover BID - Assessment (Tax) Rate for Fiscal Year 2008-2009
In accordance with Appendix D, Article III, Section 9(f) of the Dover Code, City Council must adopt a Business Improvement District (BID) budget and assessment every year. Members were provided the FY 2008-2009 budget showing BID tax revenue and the expenses charged against that revenue, as well as the following tax calculation worksheet with recommended rates:
JULY 1, 2008 TO JUNE 30, 2009
|
|
ZONE 1 |
ZONE 2 |
ZONE 3 |
TOTAL |
|
Aggregate Assessments |
$32,361,100 |
$58,864,900 |
$29,621,700 |
$120,847,700 |
|
Assessment Tax Rate Per $100 Assessment |
0.0822 |
0.0362 |
0.0180 |
--- |
|
Revenue Raised |
$26,601 |
$21,309 |
$5,332 |
$53,242 |
|
% Revenue Raised |
50% |
40% |
10% |
100% |
|
Number of Parcels |
122 |
113 |
49 |
284 |
|
Average Assessment |
$218 |
$189 |
$109 |
$187 |
It was noted that the revenue percentages by zone have been calculated in accordance with Section 9(e) of Appendix D, Article III of the Dover Code and that the amounts were estimated per the reassessed values.
Staff recommended approval of the Downtown Dover Business Improvement District (BID) - Assessment (Tax) Rate for FY 2008-2009 and adoption of the proposed budget ordinance.
Mr. Slavin requested that staff include a map depicting each of the zone areas when this matter is presented to City Council for consideration.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
Criminal Justice Council - Amendment to Title V Grant with Aid in Dover
Mrs. Townshend, Director of Planning and Inspections, reminded members that in the fall of 2007, the City of Dover, in cooperation with Aid in Dover, Inc., received a grant through the Criminal Justice Council for the Girls Circle Program. With the grant, Aid in Dover provides outreach and training aimed at fostering positive behavior in teenage girls. When presented to members for consideration, she stated that a budget was submitted with the grant.
Mrs. Townshend advised members that Aid in Dover has submitted a proposed amended grant budget. She assured members that the program will continue to offer the same service and meet the objective of the grant. She explained that Aid in Dover has proposed a modification to how the program is run, utilizing contractual certified teachers rather than a program facilitator, as initially proposed. Mrs. Townshend indicated that Aid in Dover has also proposed the addition of transportation, field trips, and additional funds for training materials.
The committee recommended approval of the amended grant budget as requested by Aid in Dover.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Donation of $10,000 for Vietnam War Memorial and Discussion of Donation Policy
During their meeting of March 31, 2008, members considered a letter from Mr. George Chabbott, President/Broker of Chabbott Petrosky Commercial Realtors, Ltd., requesting a donation in the amount of $10,000 to $60,000+/- for the purpose of building a monument to honor local service members killed and/or missing in action in Vietnam. For reference purposes, members were also provided with the City’s Community Leader and Organization Recognition Policy. The committee recommended support of the Vietnam War Memorial with in-kind contribution not to exceed $10,000 within the policies of the City; however, during their consideration of the committee’s recommendation at their Regular Meeting of April 14, 2008, City Council tabled the matter for clarification of the committee’s motion; therefore, the matter was referred back to the committee. Members of the committee reconsidered this matter during their meeting of April 28, 2008. In reviewing the committee’s report during the Annual Council Meeting on May 12, 2008, members of City Council referred the issue of providing a donation for the Vietnam War Memorial back to the Legislative, Finance, and Administration Committee to allow for full discussion of the Community Leader and Organization Recognition Policy in an effort to assist in the completion of projects.
Due to the absence of the Controller/Treasurer, the committee tabled the consideration of a donation in the amount of $10,000 for Vietnam War Memorial and the discussion of the Community Leader and Organization Recognition Policy.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MAY 27, 2008
A Special Parks, Recreation, and Community Enhancement Committee meeting was held on May 27, 2008 with Chairwoman Russell presiding.
Boys and Girls Club - Status of Proposed Schutte Park Facility Location
During the committee meeting of December 11, 2007, members recommended approval of the Wyoming Mill Road location for the magnet site for the Boys & Girls club, as presented, and requested that specific information be provided regarding the loss of space, what that loss would mean for the City of Dover and its commitment to outdoor recreation, specifically to the soccer and field hockey associations, and a plan of action to remedy the loss. Noting that these facilities are to serve regional population and not just the citizens of Dover, the committee felt a need to involve Kent County and suggested dialogue between the Boys & Girls Club, Kent County, and the City to work out the ideas for a dedication of space for outdoor recreation to supplement the loss of outdoor recreation space for the City.
In considering the committee’s recommendation during their Regular Meeting of January 14, 2008, members of City Council were advised that the committee was not provided the schematic of the proposal submitted by the Boys & Girls Club when they forwarded their recommendation for approval of the Wyoming Mill Road location. It was noted that the recommendation referred to their desire that the proposal would not cause the loss of space; therefore, it was suggested that members agree to offer space at Schutte Park to allow for the magnet club for the Boys & Girls Club without identifying the specific location, that there be a stipulation that the fields currently assigned to CDSA remain, and that every effort be made for the final proposal to depict the use of the 14 acres of land west of Schutte Park that is proposed to be dedicated to the City by Stover Builders. As a result, City Council approved Schutte Park to be used as the location for the magnet site for the Boys & Girls Club, without being specific to its location at Schutte Park, and the stipulation that its use will not cause any current loss in field space for the CDSA.
Mr. Tingle, Executive Director of the Greater Dover Boys and Girls Club, advised members that upon Council’s approval, the Task Force met with the Corporate Board Management Committee for the Boys and Girls Club of Delaware. The Task Force has been granted approval to move forward with schematic floor plans and development of projected costs. Once this phase is completed, the Task Force will present the information to the Corporate Board Management Committee for approval to move forward with the capital campaign and begin the process.
Responding to Mr. Lewis, Mr. Tingle stated that he anticipates that it will be approximately three (3) years following the final approval by the City for the completion of the facility.
In response to Mr. Ruane, Mr. Tingle indicated that the Boys and Girls Club of Delaware will conduct the capital campaign, to include obtaining funding from foundations and others, pledging to raise 70%-80% of the funds necessary for the project.
Mrs. Russell requested that security and lighting issues be seriously considered in the planning process to ensure safety.
Mr. DePrima noted that the exact location of the facility remains to be determined and suggested that staff of the Planning Department, as well as the Parks and Recreation Director, meet with the Task Force to make this final determination.
Mrs. Russell requested that members be provided a detailed update on this project every three (3) months and suggested that members also be provided material regarding the activities of the Boys and Girls Club.
Cost Benefit Analysis - Animal Control Officer (ACO)
As directed during the committee meeting of February 12, 2008, Mr. DePrima, City Manager, submitted an Animal Control Cost Benefit Analysis, which he explained depicts approximately a $14,000 yearly savings by utilizing the SPCA for Animal Control and noted that there are other advantages. Mr. DePrima advised members that he would also recommend the elimination of the “Lock Jock” service provided by the City’s Police Department which he inadvertently omitted from the recommendations. He reviewed staff’s recommendations, items #1 through #5, and requested the addition of item #6 to be for the Police Department to consider the elimination of providing lock jock services.
The committee recommended approval of staff’s recommendation item #1, as follows: At a minimum the FY08/09 contract should be amended so that the SPCA is given ACO coverage responsibilities when the Dover ACO is off duty such as nights and weekends. This is a service that would be provided at no charge. It would free up Dover Police hours for other needs. It also would allow the Dover Police Department time to evaluate the strength of the program and its ability to work with the SPCA. The SPCA has also offered to work out some transport services that will relieve our ACO and Police the time and effort to travel to Camden. This should be explored. The approval is with the understanding that the cost savings inherent in that be utilized for the purpose of acquiring modern technology tranquilizer guns.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
The committee recommended approval of staff’s recommendation item #2, as follows: The City of Dover is not in a position to pay for a seven day a week, 12 hour per day contract as proposed. The City should ask for a price and scope of work on a five day a week, eight hour day extra service contract. This should be requested in March in 2009 and priced for FY09/10. It would allow the Dover Police Department to evaluate the strength of the SPCA program and their ability to work closer with the SPCA. This will allow the City Council to re-evaluate the SPCA contract proposal with better information.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Responding to Mr. Ruane, Mr. DePrima concurred that recommendation item #3, “If Dover pursues an extra services contract and eliminates the Dover ACO position it should seek to have the current Dover ACO absorbed in the SPCA staff” would be further considered in conjunction with recommendation item #2.
The committee recommended approval of staff’s recommendation item #4, as follows: Change the Animal Control Ordinance so that the hold period for dogs is aligned with the state standard. (City Clerk’s Office Note: Upon further review of the State Code, it has been determined that the City Code is in alignment with the State Code with respect to the holding period for dogs; therefore, an amendment will not be necessary.)
No further action was taken by City Council.
The committee recommended that staff’s recommendation item #5 (The police procedure regarding use of a tranquilizer gun should be reexamined), be reworded as follows: That the ACO be authorized to use tranquilizer and/or Taser© guns and be provided any necessary training.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
The committee recommended that staff’s recommendation item #6 (The police department consider the elimination of providing lock jock services) be reworded as follows: That the ACO not be responsible for lock jock services.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
2008 Comprehensive Plan Review
During their meeting of May 13, 2008, members began reviewing the 2008 Comprehensive Plan.
Mrs. Townshend, Director of Planning and Inspections, provided members with additional Chapters to the Comprehensive Plan Amendment, as follows: Chapter 4 - Citizen Participation; and Chapter 8 - Community Service and Facilities Plan, as well as the schedule for the public workshops to be held in June 2008. She also distributed Chapter 10 - Economic Development, for members review.
At the request of Mr. Ruane and there being no objections, members deferred consideration of Chapter 10 - Economic Development.
Regarding the policy of discouraging development of land east of Route 1 as listed under the Land Use and Development, Mr. Ruane felt that the paragraph indicates that the respondents would encourage the development as long as the adequate infrastructure was in place. Mrs. Townshend assured members that staff would review the question asked for further clarification. In response to Mr. Ruane, Mrs. Townshend concurred that the 2nd paragraph should be split to create two (2) paragraphs by separating the issue regarding the development east of Route 1 from the criteria for new development. In reviewing the questionnaire provided to participants, Mr. Ruane urged staff to utilize the same wording in the paragraphs to explain the responses.
By consent agenda, Mr. Leary moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BIDS - STEEL POLES FOR FEEDERS 3 & 4 - PHASE 2
Mr. DePrima, City Manager, advised members that bids were solicited for materials required for the construction of the transmission lines for Feeders 3 & 4, Phase II. He stated that the materials are the tapered steel poles and caisson bases and will be used where self supporting poles are located. This line will be constructed from St. Jones Substation to West Street. The specifications included using vibratory steel caissons as the below grade support structure for the corner poles. Mr. DePrima indicated that there will be a subsequent bid for the Laminated Wood poles for phase II of this project.
Staff recommended awarding the bid to the low bidder, Valmont/PennSummit, in the amount of $342,222.
Mr. Salters moved for approval of staff’s recommendation to award the bid for the purchase of steel poles for feeders 3 & 4 for Phase 2 to Valmont/PennSummit, in the amount of $342,222, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT HOGAN - KENT COUNTY STRATEGIC FUND DEVELOPMENT ADVISORY COMMITTEE - MAYOR CARLETON E. CAREY, SR.
Council President Hogan recommended the appointment of Mayor Carleton E. Carey, Sr. to serve on the Kent County Strategic Fund Development Advisory Committee.
By consent agenda, Mr. Leary moved for approval of the appointment of Mayor Carey to serve on the Kent County Strategic Fund Development Advisory Committee, as recommended by Council President Hogan. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CAREY - DOWNTOWN DOVER PARTNERSHIP
Mayor Carey submitted recommendations for appointments to the Downtown Dover Partnership Steering Committee, as follows:
First Category (Representatives of Elected or Appointed Officials from the City of Dover)
1. Sophia R. Russell - City Council Member (One Year Term to Expire May 2009)
2. Reuben Salters - City Council Member (One Year Term to Expire May 2009)
3. Timothy A. Slavin - City Council Member (One Year Term to Expire May 2009)
4. Anthony J. DePrima - City Manager (One Year Term to Expire May 2009)
5. Anne Marie Townshend - City Planner (One Year Term to Expire May 2009)
6. Vacant - State of Delaware Representative (One Year Term to Expire May 2009)
Section Category (Representatives of the Private Sector)
1. Gary Patterson - Resident of the Downtown Dover Area (Initial One-Year Term to Expire May 2009)
2. Cindy Small - Downtown Cultural Arts Representative (Initial One-Year Term to Expire May 2009)
3. Gregg Moore - Downtown Business Owner (Initial One-Year Term to Expire May 2009)
4. Tom Smith - Downtown Retailer (Initial Two-Year Term to Expire May 2010)
5. Jim McGinnis - Real Estate Professional Whose Practice Includes the Downtown Dover Area (Initial Two-Year Term to Expire May 2010)
6. Joe McDaniel - Financial Services Professional Whose Practice Includes the Downtown Dover Area (Initial Two-Year Term to Expire May 2010)
7. Paul Lakeman - Chief Executive Officer of Bayhealth or His/Her Designee (Initial Three-Year Term to Expire May 2011)
8. Dr. William Johnston - President of Wesley College or His/Her Designee (Initial Three-Year Term to Expire May 2011)
9. Ami Sebastian-Hauer - Leader from the Dover Community (Initial Three-Year Term to Expire May 2011)
By consent agenda, Mr. Leary moved for approval of the appointments recommended by Mayor Carey, seconded by Mr. Salters and carried by a unanimous roll call vote.
REAPPOINTMENTS RECOMMENDED BY MAYOR CAREY
Mayor Carey requested approval of the following reappointments:
Board of Adjustment
Arthur G. Ericson - Three Year Term to Expire July 2011
Dover Parking Authority
Ronald G. Poliquin - Five Year Term to Expire July 2013
Public Advisory Committee of the Dover-Kent County MPO
William R. Saunders - Two Year Term to Expire July 2010
Ethics Commission
Thomas C. Jackson - Five Year Term to Expire July 31, 2013
Historic District Commission
C. Terry Jackson (Resident Representative) - Three Year Term to Expire July 26, 2011
James D. McNair, II (Professional Representative) - Three Year Term to Expire July 26, 2011
Joseph McDaniel (Business Representative) - Three Year Term to Expire July 26, 2011
By consent agenda, Mr. Leary moved for approval of the reappointments as recommended by Mayor Carey, seconded by Mr. Salters and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCES
Council President Hogan reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of June 23, 2008.
Council President Hogan announced that the City of Dover Budget is still under consideration and that the figures in the proposed ordinances are subject to change.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendments as read by the City Clerk, by title only, as follows:
►Budget Ordinances - 2007/2008 Revised and 2008/2009 City of Dover Budget
►General Fund - Cash Receipts and Budget
►Governmental Capital Projects Fund - Cash Receipts/Revenues and Budget
►General Fund Contingency - Cash Receipts/revenue and Budget
►Municipal Street Aid Fund - Cash Receipts/revenue and Budget
►Water/Wastewater Fund - Revenue and Budget
►Water/Wastewater Improvement and Extension Fund - Cash Receipts/Revenue and Budget
►Water/Wastewater Capital Asset Reserve Account - Cash Receipts/Revenue and Budget
►Water/Wastewater Contingency Reserve Account - Cash Receipts/Revenue and Budget
►Electric Revenue Fund - Revenue and Budget
►Electric Utility Improvement and Extension Fund - Cash Receipts/Revenue and Budget
►Electric Utility Contingency Reserve Account - Cash Receipts/Revenue and Budget
►Electric Utility Depreciation Reserve Account - Sources and Uses of Funds
►Electric Utility Future Capacity Account - Sources and Uses of Funds
►Electric Utility Insurance Stabilization Account - Sources and Uses of Funds
►Electric Utility Rate Stabilization Account - Sources and Uses of Funds
►Workers Compensation Fund - Cash Receipts/Revenue and Budget
►Community Transportation Improvement Fund - Cash Receipts/Revenue and Budget