REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 28, 2008 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Carey, Mr. Koenig (in the absence of Mr. DePrima), City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Stephanie McQueen, 1005 College Road - Owner of McKee Crossing Liquor, advised members that Saturday evening the convenience store located within the same complex as her business was robbed at gunpoint. It took the police 30 minutes to call to determine what had occurred and several minutes after for a police officer to arrive at the scene. She questioned if it is standard practice for the police to respond by telephone when the “panic” button is activated as opposed to responding to the location.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.
Mrs. Russell requested that item #5E, Review of Parks and Recreation Capital Improvement Projects (CIP’s) - FY 2008-09, and item #8D, City Manager’s Report, be removed from the consent agenda.
Mr. McGlumphy requested that item #5D, Temporary Concession Permit for Resale of Food, Beverages, and Memorabilia, be removed from the consent agenda.
Mr. Slavin moved for approval of the consent agenda, as amended, seconded by Mr. Leary and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 14, 2008
The Minutes of the Regular Council Meeting of April 14, 2008 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Leary and bore the written approval of Mayor Carey.
CERTIFICATE OF RECOGNITION - COMMUNITY SERVICE - ROBERT BUNNELL
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF RECOGNITION
presented to
Robert Bunnell
The City of Dover thanks you for the dedication and
devotion you have shown in enhancing the quality of life
for many of our citizens over the years.
April 28, 2008
Mayor Carey presented the Certificate to Mr. Bunnell, recognizing his leadership in the growth and expansion of Luther Towers. He relayed appreciation for the time and effort provided by Mr. Bunnell in assisting the elderly with housing in the City of Dover.
Mr. Bunnell indicated his privilege to be the Director of Luther Towers and the joy for him and his family to live in the City of Dover. He advised members that, unfortunately, due to his health, he is no longer able to serve as the Director of Luther Towers and assured members that the transition under new leadership is complete and is in “good hands”.
CERTIFICATE OF RECOGNITION - COMMUNITY SERVICE - JIM FLOOD, SR.
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, in 1969 Jim Flood Sr., part-owner of the Delaware Coast Press and several other beach publications, joined with approximately a dozen investors and founded the Dover Post having the first issue available on newsstands on April 30,1975; and
WHEREAS, in 1975 the Post’s press run was about 2,000 and today the Post’s newspaper family has grown to include 12 different papers each week; as well as one monthly publication, combined circulation for these is approximately 154,000 pieces weekly, with the majority delivered free every Wednesday to driveways and doorsteps in neighborhoods all across Kent County; and
WHEREAS, the Dover Post has always featured community news including local events, local children being honored along with education, arts, sports and classifieds; and
WHEREAS, on February 18th, 2008 Jim Flood Sr. and family announced to the community that they had come to an agreement with Gatehouse Media for the sale of all of the publications, with the best intent in mind for our community and for their employees.
NOW, THEREFORE, I, CARLETON E. CAREY SR., MAYOR, OF THE CITY OF DOVER, DELAWARE do hereby present this certificate to Jim Flood Sr. in recognition of the outstanding contribution and urge all citizens to acknowledge the commitment made by the Flood family to provide our community with quality journalism and several outstanding publications over the past 38 years.
Mayor Carey presented the Certificate to Mr. Flood and relayed his appreciation for the contributions provided by he and his family during the past 38 years.
Mr. Flood stated that it was an honor to receive the recognition on behalf of his entire family, noting that the business has been a family enterprise from its inception. He assured members that the company who has purchased the business will continue to provide the same quality of community journalism. He also noted that the broad “Dover Post” family will continue to work for the newspaper. Mr. Flood thanked the City of Dover for the recognition.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1889 KENTON ROAD (OWNED BY BRIAN L. & WILLIAM A. BRIGHT)
An annexation referendum was held on April 17, 2008 for property located at 1889 Kenton Road, containing 0.5+/- acres, owned by Brian L. and William A. Bright.
Referendum Results
The City Clerk reported that the referendum was held with two (2) eligible voters. There were two (2) votes cast in favor of the annexation, with zero (0) votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Hogan and unanimously carried.
Annexation
By motion of Mr. Salters, seconded by Mr. Hogan, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, tract, piece or parcel of land, situated, lying and being on the southwesterly side of the public road leading from Chestnut Grove School House to the Town of Kenton in West Dover Hundred, Kent County and State of Delaware, being bounded on the north by other lands of Paul Raymond Clendaniel and wife, on the East by the said public road leading from Chestnut Grove School House to Kenton, on the South by lands of Harry Dixon and on the West by lands of Alvin Price, said lot hereby conveyed having a front on said public road of one hundred five (105) feet and extending back therefrom between parallel lines a distance of two hundred ten (210) feet to lands of the said Alvin Price, and containing about one half (½) of an acre of land, be the same more or less. Being the same lands and premises which were conveyed to Grier H. Clendaniel and Delema C. Clendaniel, his wife by deed of Paul Raymond Clendaniel and Margaret Marie Clendaniel dated February 4, 1947 and recorded in the Office of the Recorder of Deeds, Kent County, Delaware in Deed Record Book W, Volume 1 7, Page 260, Delema C. Clendaniel died on June 1, 2002 leaving Grier H. Clendaniel as the surviving Joint tenant by the entireties. Grier H. Clendaniel died intestate on July 29, 2004, his heirs being his children, Harold G. Clendaniel, Roy L. Clendaniel and June J. Clendaniel.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 29th day of April, 2008 at 12:01 a.m. o'clock.
ADOPTED: APRIL 28, 2008
Public Hearing - Zoning Classification
Mr. Koenig, Public Services Director, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended that the zoning classification of this property be approved as R-10 (One Family Residence) upon annexation.
Mr. McGlumphy requested that staff provide members with specifics regarding the availability of commercial property versus residential that is included in the Comprehensive Plan. He explained that this information would depict how the City is growing.
Mr. Salters moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of February 11, 2008.)
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved that the property be zoned R-10 (One Family Residence) as recommended by the Planning Commission. The motion was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1889 KENTON ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from AR - Agricultural Residential (Kent County zoning classification) to R-10 - One Family Residence (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from AR (Kent County zoning classification) to R-10 (City of Dover zoning classification) on that property located at 1889 Kenton Road, owned by Brian L. and William A. Bright.
ADOPTED: APRIL 28, 2008
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments that propose to codify the Public Services Reorganization that has been ongoing since March 2006.
Mr. Koenig, Public Services Director, reminded members that in March 2006, the City began a reorganization of the Department of Public Works and the Department of Planning and Inspections into the Public Services Group. He stated that the reorganization has progressed well, and that the proposed ordinance amendments would codify the changes in operations and reporting. There are multiple articles of the zoning ordinance that require amending to accomplish separating the language of the Building Inspector from the City Planner by eliminating any reference to the Building Inspector in the zoning ordinance. Specifically, Mr. Koenig stated that changes were recommended to the zoning ordinance to assign the responsibility for administering the zoning ordinance to the City Planner rather than the Building Inspector. He noted that, traditionally, the City Planner has been appointed by City Council as both the City Planner and Building Inspector. He advised members that the zoning ordinance makes references to the “building inspector” that, over time, have become the role of the City Planner. The proposed amendments would allow for somebody other than the City Planner to be appointed as the Building Inspector, while keeping the responsibility for the enforcement and administration of the zoning ordinance under the City Planner. It is anticipated that the Public Services Manager will then be appointed as the Building Inspector. Although the proposed amendments would allow for another individual to be appointed as the Building Inspector without affecting the administration of the zoning ordinance, should Council choose, the amendments would allow for the appointment of the Building Inspector and City Planner to be the same person.
Mr. Koenig advised members that the Planning Commission recommended approval of the proposed amendments.
Responding to Mr. McGlumphy, Mr. Koenig explained that the draft job description developed for the Public Services Manager included the responsibilities for those described in the proposed text amendments. These amendments are being brought forth at this time to support how the Public Services Group in the Department is currently operating. It was his opinion that the proposed amendments would not have an affect on salaries.
Council President Williams declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.
Mr. Leary moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. (The First Reading of these ordinances was accomplished during the Council Meeting of June 14, 2004).
By motion of Mr. Hogan, seconded by Mr. McGiffin, Council by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy), adopted the following ordinances:
CITY OF DOVER ORDINANCE #2008-18
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 8 (Mobile Home Park Zone, Subsection 8.2 be amended by deleting the phrase “building inspector” and replacing it with “city planner.”
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 5 - Supplementary Regulations, Section 8 -Performance Standards, be amended by deleting the phrase “building inspector” and replacing it with “city planner.”
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 5 - Supplementary Regulations, Section 16 - Tree Planting and Preservation, be amended by deleting the phrase “building inspector” and replacing it with “city planner.”
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 7 - Nonconforming Buildings and Uses, Section 1 - Nonconforming Buildings and Uses, Subsection 1.4 be amended by deleting the phrase “building inspector” and replacing it with “city planner.”
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 8 - Enforcement and Penalties, Section 3 - Duties of the Building Inspector, be amended by deleting it in its entirety and replacing it with the following:
Section 3. Duties of the City Planner
3.1 It shall be the duty of the city planner to enforce the provisions of this ordinance and all of the rules, conditions and requirements adopted or specified pursuant thereto.
3.2 It shall be the duty of the city planner to interpret the provisions of this ordinance. Appeals of the city planner’s interpretation shall be heard by the Board of Adjustment in accordance of Article 9.
3.3 The city planner shall maintain files, open to the public, of all applications filed, along with plans submitted therewith pursuant to this Appendix.
3.4 The city planner shall maintain files, open to the public, of all complaints of violations of provisions of this of this ordinance, as well as any action taken as a result of this complaint. The names of complainants shall not be open to the public.
3.5 The city planner and his duly authorized assistants shall have the right to enter upon any land that is the subject of an application under this appendix during any reasonable hour, as necessary in the execution of the requirements of this appendix.
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 9 - Board of Adjustment, Section 3 - Procedure, be amended by deleting the phrase “building inspector” and replacing it with “city planner.”
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 10 - Planning Commission, Section 1 - Approval of Conditional Uses, and Section 2 - Site Development Plan Approval be amended by deleting the phrase “building inspector” and replacing it with “city planner” and by deleting the phrase “planning director” and replacing it with “city planner.”
BE IT FURTHER ORDAINED:
That Appendix B - Zoning Ordinance, Article 10 - Planning Commission, Section 3 - Historic District Commission and Architectural Review, Subsection 3.42 - Responsibility of the Historic District Commission, Paragraph (b), be amended by deleting the phrase “building inspector” and replacing it with “planner.”
ADOPTED: APRIL 28, 2008
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 8, 2008
The Parks, Recreation, and Community Enhancement Committee met on April 8, 2008 with Chairwoman Russell presiding.
Presentation of Needs - Dover Symphony
Mr. DePrima, City Manager, advised members of discussions with the Dover Symphony Orchestra (DSO) regarding their plans for returning to the Schwartz Center and their need to find new ways of funding its program. He stated that he supported the idea of using $1,500 of the City’s current credits with the Schwartz Center to provide scholarships for 100 young people to attend the Young People’s Concert in November. Members were provided a letter from the DSO with more details. He explained that the credit would cover the rental cost of the Schwartz Theater. Mr. DePrima assured members that this type of support is well within the mission of the City’s Parks, Recreation, and Library Department and that $1,500 of the credit has been reserved for this event.
Ms. Laura Rogers, President of the DSO, reviewed a presentation on ways the City of Dover could provide assistance to the DSO and other pertinent information regarding the DSO and its relationship with the City of Dover.
The committee recommended approval of the City Manager’s recommendation to support the DSO by using $1,500 of the City’s current credits with the Schwartz Center to provide scholarships for 100 young people to attend the Young People’s Concert in November.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Blueprint Communities
Ms. Ami Sebastian-Hauer, Executive Director for the Dover Housing Authority, advised members that the Dover Community Partnership (DCP) administers the Carper/City of Dover Homeownership Initiative, which was initiated approximately three (3) years ago to increase homeownership in the target area. She provided and reviewed a fact sheet for the DCP and brochure for Blueprint Communities.
Ms. Sebastian-Hauer explained the process of the Homeownership Initiative and indicated that 11 properties have been acquired (currently working with the City on acquiring another). She stated that of the 11 properties, they have sold and/or there are sales agreements for five (5) of those properties. She explained that this process has been slow due to the credit issues involved, lack of resident involvement, etc.
Being recently advised of the Blueprint Communities initiative, Ms. Sebastian-Hauer indicated that it was felt that it would provide an opportunity to enhance the Homeownership Initiative by receiving guidance, technical support, training, etc. She explained that the Blueprint Communities would provide the DCP training to increase resident involvement, create a strategic plan, and provide other tools to improve and enhance their current program. These enhancement will allow the DCP to present a package to funding sources. She stated that this information was provided due to the City’s involvement and since it will affect the City. It was hoped that the City would continue to support their DCP.
In response to Mr. Salters, Ms. Lori James of Senator Carper’s Office explained the various community outreach efforts and indicated, on average, there may be 15 people in attendance at their workshops. In addition, she stated that any time there is an event, such as a demolition, ground-breaking, or ribbon-cutting, efforts are made to notify all involved partners, area residents, and media.
No further action was taken.
Silver Lake Park Revitalization Project
Mr. Carter, Director of Parks and Recreation, introduced Mr. Lyle Jones, DNREC Watershed Assessment Division, and Ms. Laura Athey, Landscape Architect, who reviewed a presentation of the Silver Lake Park Revitalization Project. Ms. Athey stated that this is an update from the presentation provided to members during their meeting on March 27, 2007.
Responding to Mr. Ruane, Mr. Jones indicated that some of the trees have already been planted by the City along Loockerman Street across the St. Jones Bridge. Additional trees will be planted on April 26, 2008 and if the plantings this fall by Polytech have grown to an appropriate size, another sizable planting will take place next spring. With regards to the fishing and conservation of the shoreline, Mr. Jones stated that the creation of a more formidable fishing location has been made and they hope to add benches and sitting area throughout the park. He also stated that a plan is being developed, which will be a one (1) to five (5) year project, to address the erosion of the roadway and the inclusion of amenities to improve storm water quality.
During the committee meeting, Mr. Ruane suggested that this matter not be included on the Consent Agenda to allow for a mini-presentation to be provided when the committee’s report is submitted to Council during their Regular Meeting of April 28, 2008.
As suggested during the committee meeting, Mr. Carter introduced Ms. Athey and Mr. Jones who reviewed a presentation of the Silver Lake Park Revitalization Project (Exhibit #2).
Mr. Carter advised members that there was a group of approximately 50 volunteers who participated in a planting of 100 trees at the foot-bridge down towards Division Street. The next step will be to plant shrubbery and other coverings. The purpose of these plantings is to filter the runoff water before it reaches the lake, which will improve the water quality. He stated that there has been a tremendous amount of public support for this project.
Responding to Mr. Ruane, Mr. Carter stated that the Silver Lake Park Revitalization Project includes the removal of all old pavement and parking areas and the construction of a new central parking lot
and access to the boat ramp area, as well as changing the traffic pattern accessing the park from Kings Highway. He stated that, currently, no stormwater management practices are being implemented on this site and the location adjacent to the St. Jones River causes direct stormwater discharge to an environmentally sensitive area. The proposed reconstruction and relocation of the loaded parking lot will allow for best management practices regarding stormwater management to be implemented at this site.
Temporary Concession Permit for Resale of Food, Beverages, and Memorabilia
Mr. Carter, Director of Parks and Recreation, advised members that a Temporary Concession Permit for Resale of Food, Beverages and Memorabilia has been established for the purpose of ensuring that all vendors selling items in City Parks have a City of Dover business license and a food service facility license issued by the State of Delaware, Department of Public Health. Also, with this permit, City staff will be able to control the set up of vendor vehicles, carts, trailers, etc., as well as the hours of operation within park facilities. Members were provided the Temporary Concession Permit, and Attachment One, which includes the Permit Fee Schedule and Rules & Regulations. He advised members that over the years, there has been an increased interest for food vendors in various parks, and with this concession permit, City staff will be able to control vendor access to park areas.
In accordance with Chapter 74-4(b) of the Dover Code, the Parks and Recreation Director is empowered, with the consent of the City Manager, to prescribe and authorize the collection of such services fees for the use of parks and recreational facilities by general or special order as he may deem fit.
Mr. Carter indicated that the Temporary Concession Permit would not be required for sports organizations that are leasing or using the fields when the concessions are in the immediate vicinity of the event and are being sold during the organization’s event by volunteer members of the organization. However, he stated that the organizations will be responsible for any health or food vendor permits required by the State of Delaware.
Staff recommended approval of the Temporary Concession Permit for Resale of Food, Beverages and Memorabilia and supporting documents as presented.
The committee recommended approval of staff’s recommendation.
Mr. McGlumphy requested that Mrs. Mitchell, Treasurer/Controller, provide a detailed report of additional fees recently required by the City.
Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. Leary and carried by a unanimous roll call vote.
Review of Parks and Recreation Capital Improvement Projects (CIP’s) - FY 2008-09
Members were provided the Parks and Recreation Capital Improvement Projects (CIP) submitted by the Parks and Recreation Department for fiscal year 2008-09. Mr. DePrima, City Manager, had previously advised members that the CIP Projects proposed for the next fiscal year would be presented to the committee in order to provide them a better understanding of issues that are presented for their review and recommendation during the year.
Mr. Carter, Parks and Recreation Director, reviewed the CIP’s, as follows:
Playground Equipment Purchase Program
Parks and Playground Improvement Program
Splash Pad at Schutte Park
Mirror Lake Dredging
Skate Park
Mr. Carter explained that these projects have been submitted for consideration and inclusion in the FY2008-09 Budget. Noting that it may be necessary to delay some of the projects due to budget constraints, he requested priority guidance from the committee, should delays be necessary. However, he advised members that the State has committed grant money for the Playground Equipment Purchase Program, as well as Mirror Lake Dredging.
The committee recommended that $15,000 be budgeted for engineering services for the Splash Pad at Schutte Park.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Responding to Mr. Ruane, Mr. Carter stated that the remaining $210,000 of the original $225,000 included in the budget for the Splash Pad would be deferred and included in the CIP for FY2009-2010 for construction.
Mr. Frank Tenusak, 880 Schoolhouse Lane, suggested that the City consider the addition of tennis courts and walking paths. It was his feeling that there may be other items of interest to the public, and questioned when members would be provided the opportunity for such input. Responding, Mr. Carter explained that there is a five-year plan, which includes many of the items suggested; however, the items being considered at this time are for the next fiscal year, which are items from the last five-year plan.
Mrs. Townshend also indicated that the Comprehensive Plan includes a Chapter for Community Services, which includes parks, recreation, library, etc. and that a joint workshop will be held next week with more details provided in May. Mr. Ruane suggested that staff notify the public when the Chapter for Community Services of the Comprehensive Plan will be considered in order to allow the public the opportunity to provide suggestions.
With regards to the Skate Park, Mr. Carter advised members that a meeting has been scheduled for April 16th at 7:00 p.m. at the Pitts Center for those residents interested in building a Skate Park. He requested direction from members to ascertain the desires of Council. Responding, Mr. Ruane stated his recollection was that Council was supportive of a Skate Park, provided there was a group forum that includes parental involvement. He noted that the experience of others shows that if there is no parental involvement, such a park becomes a disaster.
Concurring, Mr. Salters suggested that no further consideration be given to the Skate Park until such time that the supporters, including parents, become organized, similar to the Central Delaware Soccer Association (CDSA). Mrs. Russell suggested that staff work with the supporters of the Skate Park regarding the concerns relayed by members.
The committee recommended that the Parks and Recreation Capital Improvement Projects for FY2008-09 be prioritized as follows: 1) Parks and Playground Improvement Program; 2) Planning for Splash Pad at Schutte Park; 3) Playground Equipment Purchase Program; and 4) Skate Park, with the understanding that State funding is involved with the Mirror Lake Dredging Project.
Mrs. Russell clarified that item #4 should be “Skate Park and Mirror Lake Dredging Project, with the understanding that State funding is involved with the Mirror Lake Dredging Project.”
Mrs. Russell moved for approval of the committee’s recommendation, seconded by Mr. Ruane and unanimously carried.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
On behalf of Mr. Koenig, Public Services Director, Mrs. Townshend, Director of Planning and Inspections, indicated that once information is received from the Kent Conservation District, the next Puncheon Run Watershed Action Team meeting will be scheduled.
Planning and Funding for New Library
Mr. Carter, Parks and Recreation Director, reviewed the update for the planning and funding for the new library. He advised members that 20 proposals were received from architectural firms in response to the Request for Qualifications. Once a selection is determined, the planning process will begin. He stated that staff continues their discussions with Kent County for funding support and that a determination as to the $5M included in the Bond Bill by the Governor will be known in May.
Mr. Frank Tenusak, 880 Schoolhouse Lane, advised members that he was appointed to serve on the Funding Committee in February and that he has not been made aware of any scheduled future meetings so that members may begin planning. Referring to a recent article in the Dover Post, he suggested that the committee request a status report on the various elements of the project since various committees have been meeting and have made decisions. Although information is available on the Library’s Website, Mr. Tenusak stated that there is a lot of information that has not been included or updated. He suggested that the committee be provided a timeline regarding the plan for the phases of this project.
Mr. Ruane suggested that a comprehensive status report be provided at the next committee meeting.
2008 Comprehensive Plan Update
Mrs. Townshend, Director of Planning and Inspections, reviewed the update on the Comprehensive Plan development process for the 2008 Comprehensive Plan.
Mr. Ruane requested that staff provide members with the Chapter which involves recreation. Responding, Mrs. Townshend stated that the committee has scheduled workshops and that once recommendations are made, they will be included and provided to members for their review.
Schutte Park Space - Boys and Girls Club/CDSA
Mr. Carter, Parks and Recreation Director, advised members that Kent County met with the Boys and Girls Club and CDSA. He stated that the County is waiting for the developer to donate the land and until that is done, no action can be taken by the County.
Mr. Frank Tenusak, 880 Schoolhouse Lane, advised members that parents have suggested that the City’s Parks and Recreation Department coordinate transportation for activities due to inadequate parking at Schutte Park. He also noted that since there are no swimming facilities in the City, many families go to Killens Pond. He suggested that the City consider having periodic bus transportation.
Mrs. Russell moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Hogan and unanimously carried.
UTILITY COMMITTEE REPORT - APRIL 14, 2008
The Utility Committee met on April 14, 2008 with Chairman Ruane presiding.
Public Utilities Water/Wastewater Capital Improvement Projects (CIP’s) FY 2008-09
Members were provided the Water/Wastewater Capital Improvement Projects (CIP) by the Public Utilities for fiscal year 2008-09. Mr. DePrima, City Manager, explained that the CIP Projects proposed for the next fiscal year are being presented to the committee in order to provide them a better understanding of issues that are presented for their review and recommendation during the year.
Mr. Lunt, Public Utilities Director, reviewed the CIP’s, as follows:
2nd Meter Reading Tech Upgrade SCADA Equipment Technology Upgrade
US Route 13 East Sanitary Sewer Interceptor Meter Reading Technology Upgrade
Weaver Street Package Pump Station Replacement Wellhead VFD Upgrades
Acorn Lane Package Pump Station Replacement Piney Point Well
Fox Hall/Retreat Force Main Rerouting Misc. Distribution System Improvements
Del. State University Pumping Station Replacement 1.0 MG Elevated Water Storage Tower
Inflow/Infiltration Removal Wellhead Redevelopment Program
Miscellaneous Sewer System Improvements Water Quality Improvements
With regards to the Inflow/Infiltration Removal Project, Mr. Lunt indicated concerns of inadequate funding since staff anticipates that more problems than originally expected will be discovered. In response to Mr. Ruane, Mr. Lunt stated that until there is better internal data, he is hesitant to bring forward any specifics related to this project.
Mrs. Mitchell, Controller/Treasurer, advised members that the wastewater fees were increased to cover the Inflow/Infiltration financial issue. Due to the dry conditions, the City’s deficit is being reduced, explaining that the City is getting more dollars than what is being paid to the County. By the end of next year, it is projected that rather than paying more to the County than what is received, the City will be receiving more from the County than what will be paid by the City. She stated that the increased rates will need to be maintained in order to pay for the projects and debt service that the City will incur, explaining that the City will need to borrow money to complete the projects since there is not enough cash being received to complete the magnitude of projects necessary to be accomplished.
Mr. DePrima reminded members of an analysis prepared by the City Engineer that explained how the groundwater impacted infiltration and suggested that staff review this report again in the near future. He stated that the root of the problem goes back to the President’s Day Storm of 2003, when the saturated groundwater escalated and that it has taken several years for the groundwater to return to normal levels.
Concurring, Mr. Ruane suggested that this matter be presented to members at a future meeting to provide better understanding in order to determine appropriate action to remedy the Inflow/Infiltration concerns.
With regards to the Water Quality Improvements Project, Mr. Ruane noted that this is an issue throughout the country and that there is discussion at the federal level regarding the possibility of providing financial assistance. He suggested that the City forward this information to Senator Biden and that if staff, through their national association, is aware of any legislation that the City should support, that they bring it forward for Council consideration. Responding, Mr. Lunt indicated that there is no legislation nor is there any anticipated in the foreseeable future. Mr. Ruane suggested that the National League of Cities may be helpful in providing assistance and that the congressional delegation be provided information regarding the issue.
Mr. DePrima advised members that Senator Carper’s Office was provided details regarding many of the City’s projects last year and assured members that staff will continue with this practice.
In order to provide the budget team guidance, and there being no objections, Mr. Ruane suggested that the Water Quality Improvements and the Inflow/Infiltration Projects should be given priority.
The committee recommended acceptance of the reports provided on the Water/Wastewater Capital Improvement Projects for FY2008-09.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
NAES (North American Energy Services) Contract Amendment #3 - Incentive Calculations
Mr. Lunt, Public Utilities Director, advised members that during the power plant budget review, discussion centered on the applicability of the current bonus metrics and their applicability to the current PJM market, specifically the RPM (Capacity) market. Through discussions with North American Energy Services Company (NAES) and the City of Dover, it was mutually decided to revise the bonus schedule to reflect the current market. The proposed changes are for the elimination of the Budget Performance bonus (Appendix B, Section B, 3 (B)) and move the potential bonus payment to the Capacity bonus (Appendix B, Section B, 3 (C)), resulting in a $30,000 per year potential bonus for this metric. Mr. Lunt explained that these changes are more reflective of the PJM market as the Capacity payments to the City of Dover are exceeding $9M per year. Additionally, he stated that in Article VII, Section 7.9 - Escalation, referring to Appendix C, the listed reference “Table 3” in “Escalation Factor” is no longer published. By mutual agreement, staff recommended that “Table 5” be the reference table for future escalations.
Members were provided the Third Amendment to the Operation and Maintenance Agreement between NAES and the City of Dover. Mr. Lunt assured members that the Amendment has been approved by the City’s attorney, Mr. Kirk Betts.
Staff recommended that the City Manager be authorized to execute Amendment #3 as presented.
Mr. Lunt advised members that the current contract has incentive clauses, which were set up in a manner to reward the contractor if they met the incentives that the City established. One of the challenges discovered is that the rewards may not match the importance in the redefined market, one of which is the current PJM market, specifically the RPM (capacity) market. He explained that the capacity market is the monies received from PJM for owning and having generation available to produce power, which does not involve the generation of energy. During the current fiscal year, he stated that the City received approximately $11M in revenue for having the generation available. Mr. Lunt indicated that this is the first year for this market. In reviewing the incentives currently included in the contract, it was discovered that although the capacity market is probably the lowest rewarded incentive to them, it has the most monetary impact of any others within the incentive package.
Mr. Lunt advised members that another concern was for the rewards of budget performance. He explained that within the budget process, the City has very stringent controls. The City has a contract with NAES for the operation of the City’s generation facilities. He advised members that staff meets with NAES on a monthly basis to review the operations, and that the City has a contract with PACE to serve as energy asset manager, who also reviews the NAES operations to assure they are being prudent in their operations. In addition, Mr. Lunt stated that the City’s Controller/Treasurer, who is very astute and diligent in budget controls, regularly reviews budgetary items. Therefore, he felt that there is a substantial amount of control in the operations of the power plant and that the $20,000 reward incentive provided to them for meeting a budget should be eliminated since the City has such strict controls to provide this assurance.
The committee recommended approval of staff’s recommendation that the City Manager be authorized to execute NAES Contract Amendment #3 as presented.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Leary and carried by a unanimous roll call vote.
By consent agenda, Mr. Slavin moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT-APRIL 14, 2008
The Legislative, Finance, and Administration Committee met on April 14, 2008 with Chairman Slavin presiding.
Revised Purchasing Policy
Members were provided a Revised Purchasing Policy, which was reviewed by Mrs. Mitchell, Controller/Treasurer. She indicated that the proposed revised policy includes major changes to the current Purchasing Policy, such as flow charts, thresholds for requiring Council approval, etc. and the addition of an appendix and glossary, which will better assist staff.
The committee recommended approval of the Revised Purchasing Policy as presented by staff.
By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation (Exhibit #5) seconded by Mr. Leary and carried by a unanimous roll call vote.
Salary Re-Grading of Non-Bargaining Positions
Mr. DePrima, City Manager, advised members that the recent decision by City Council to use the PAS Position Factor Analysis Scoring for the ControllerTreasurer position “without adjustments” brings about the need to review several other positions that used the same scoring but were adjusted by City Council in the past.
Members were provided a memo from Mrs. Hawkins, Human Resources Director, regarding the Grading of Non-Bargaining Positions. In reviewing the memo, Mr. DePrima noted that there are currently 12 positions that were graded lower by City Council in July 2003 than PAS Position Factor Analysis Scoring recommended and that there are an additional eight (8) positions that were created after the initial PAS recommendations. In grading these, the Human Resource Director took into consideration the adjustments made by City Council. Mr. DePrima explained that this was necessary to control internal equity so that similar scoring yielded similar salary grades. In addition, he stated that it was discovered that three (3) positions created during the re-organization of Public Services and Public Utilities never had job descriptions developed by the former Human Resources Director and that it appears that the Police Manager job description also does not follow the required format. Mr. DePrima indicated that the table is incomplete, noting that there are two (2) additional positions in the Finance Department that are not listed and that there may be others. He advised members that all these discrepancies are now being corrected by Mrs. Hawkins.
Mr. DePrima stated his opinion that this action will go a long way toward improving hiring and retaining employees at these salary grades, which has been a real problem in recent years. The City has lost very qualified employees in recent years, and when filling critical positions, there have been several instances where few applications were received, and it has taken extraordinarily long periods of time to find qualified candidates. He advised members that most recently, the Chief Building Inspector and Library Director have resigned.
Staff recommended acceptance of the recommendations and re-grade positions listed in the Human Resources Director’s memo dated April 7, 2008 in accordance with the PAS Policy using the Position Analysis Factor Scoring system.
Responding to Mr. Slavin, Mr. DePrima confirmed that there were some concerns of providing large increases, as recommended in the PAS Study, to upper management salaries. He explained that in 2003, there was a sub-committee, consisting of the Mayor and a couple members of Council and the City Manager, who determined that generally, the top third should be downgraded; the middle third remained the same with very few adjustments; and the bottom third was increased. Effectively, these changes resulted in some employees being subjected to downgrading and others who were not. It was Mr. Slavin’s opinion that the recommendations and re-grading of the positions at this time is a question of fairness and equity.
Mr. McGlumphy indicated his reluctance in taking any action on this matter at this time without a financial impact statement for the current and next fiscal year. He also reminded members that Council recently approved the hiring of the Management Advisory Group to conduct a Review and E