REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 25, 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, 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 Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.
Mr. Slavin requested that item #8B, Amendment to Robbins Hose Company Annual Contribution in the CIP, be removed from the consent agenda.
Mr. Salters 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 FEBRUARY 11, 2008
The Minutes of the Regular Council Meeting of February 11, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Carey.
CERTIFICATE OF CONGRATULATIONS - THE LEVITT’S 50TH ANNIVERSARY
On behalf of the Mayor and Council, Mayor Carey, along with Mr. McGiffin, presented a Certificate of Congratulations to Irving and Phyllis Levitt in recognition of their 50th Wedding Anniversary, which was read into the record by the City Clerk, as follows:
CERTIFICATE OF CONGRATULATIONS
Presented to
PHYLLIS & IRVING LEVITT
In Celebration of 50 Years of Marriage
February 2, 2008
Your commitment and love for each other is an inspiration to all
Presented
February 25, 2008
Mr. and Mrs. Levitt relayed their appreciation for the recognition and wished the City a prosperous future.
Mr. McGiffin noted the many and vast contributions made by both Mr. and Mrs. Levitt, not only to the City, but to the community as a whole.
PROCLAMATION - EMPLOYEE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, year after year City of Dover employees continue to work hard for our community and our citizens; and
WHEREAS, all employees of the City of Dover strive daily to promote Community Excellence Through Quality Service; and
WHEREAS, due to the teamwork and the commitment of our employees, the citizens of Dover are able to enjoy some of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day-to-day operations of the City of Dover; and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, Carleton E. Carey, Sr., Mayor, of the City of Dover, Delaware do hereby proclaim Friday, March 7, 2008 EMPLOYEE APPRECIATION DAY in the City of Dover and recognize the dedication and hard work of all City of Dover employees, and request that all citizens take a moment to thank a City of Dover employee for their outstanding service to our community.
PRESENTATION - SOUTH GOVERNORS AVENUE PROJECT (JAMES SATTERFIELD, DELDOT)
Mr. James Satterfield, Project Manager for DelDOT, gave a presentation on the South Governors Avenue Project (Exhibit #1). He advised members that the bids for this project were opened on February 12, 2008 and will be awarded within 30 days. It is anticipated that the work on this project will begin very soon, as they are nearing completion of the signalization project.
Mr. Satterfield advised members that Phase I of the project will consist of a year’s work, with five (5) months to six (6) months of bridge closure. He reiterated the need for traffic to avoid South Governors Avenue as much as possible. The area north of Wyoming will also take approximately one (1) year. In addition to the City, he stated that there are many other parties involved with this project. He announced that a public meeting has been scheduled by DelDOT regarding this project on March 4, 2008 from 4:00 p.m. to 7:00 p.m. at W. Reilly Brown Elementary School. Should any member of the public wish to contact DelDOT regarding this project, Mr. Satterfield suggested that they either call 302-760-2080 or visit the website at www.deldot.gov.
Responding to Mr. Ruane, Mr. Satterfield stated that once the project is complete, there will no longer be any on-street parking available for many of the businesses; however, he has been advised that many of the businesses are relocating to the Eden Hill Farm Medical Complex.
Mr. DePrima relayed appreciation to DelDOT for their work on this project, noting the extra effort on their part of converting overhead utilities to underground and that the expansion of the bridge will assist with flooding issues.
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 4, 2008
A Special Legislative, Finance, and Administration Committee meeting was held on February 4, 2008 with Chairman Slavin presiding.
Discussion of 1988 Consent Decree with City Solicitor
Members were provided the 1988 Consent Decree between the Central Delaware Branch of the NAACP and the City of Dover. Mr. Slavin reminded members that in conjunction with their comprehensive review of the 2005 Charter Review Committee Recommendations, members had suggested the opportunity for a discussion of the 1988 Consent Decree with the City Solicitor in order to gain an understanding of consent decrees, as well as background information regarding the 1988 Consent Decree.
Due to the interest in this matter, Mr. Slavin advised members that in addition to all members of Council, those invited to attend this evening’s meeting included representatives of the NAACP, Mr. Cecil Wilson, and Dr. Margaret McKay. He noted the attendance of Election Board members, Chairman Garfinkel and Mrs. Legates. Mr. Slavin introduced the City Solicitor, Mr. Rodriguez, and Deputy City Solicitor, Mr. Pepper, and requested that they explain what a consent decree is and to provide information regarding the conditions that led to the 1988 Consent Decree and what effect it has on the City.
Mr. Pepper advised members that prior to the Consent Decree, there were eight (8) members of Council (elected at-large for each district) and meetings were presided over by the Mayor. In 1985, the Central Delaware Branch of the NAACP filed suit under the Voting Rights Act against the City primarily to challenge the at-large method of voting for Councilmen. At the suggestion of the City Solicitor, Mr. Pepper stated that the City entered into negotiations with the NAACP and, as a result, both parties agreed to a Consent Order. He explained that a consent order is a settlement that becomes a judgement of the court and can only be modified by a court or by an agreement of the parties. He indicated that the City cannot unilaterally change the Consent Order.
Mr. Pepper stated that as a result of the Consent Order, district voting was created, whereby only residents in a particular district would be eligible to vote for the candidate in that district. In addition, a minority district was created in which the black population had to be 65%. The Consent Order created a new Council position, the Council President, which resulted in a total of nine (9) members of Council. It removed the Mayor as the presiding officer and instead required that the Council President preside over Council Meetings. He noted that the transition was smooth and that there were no problems. However, upon receipt of the 2000 Census, Mr. Pepper advised members that when the Election Board began to redraw the council districts they encountered substantial difficulty in redrawing the minority district to make it equal in population with the other three (3) districts and at the same time, maintaining the 65% black population requirement. He explained that the minority population of the City of Dover no longer resided almost exclusively in certain areas of the City but had dispersed throughout the City. It was his opinion that this issue will occur again when the 2010 Census is received and suggested that it may be impossible to develop a single district where the minority population is 65%. He anticipates that the City would accomplish the requirement by developing eight (8) Council districts, with two (2) minority districts, which would require the Consent Decree to be amended.
Mr. Pepper indicated that when he met with the 2005 Charter Review Committee, there was some interest in putting the Mayor back as the presiding officer. He advised members that the removal the Mayor as presiding officer and creation of the ninth (9th) Council seat are beyond the remedies available under Section 2 of the Voting Rights Act. However, he stated that there has been case law since the Decree that indicated that those types of changes could not be forced upon a municipality. Should Council wish to reverse such changes, it could be accomplished by including it in a motion to modify the Consent Order.
Responding to Mr. Shevock, Mr. Pepper stated that the Voting Rights Act does not permit a Court to require the size of the legislative body to be changed. The 65% is usually chosen to assure the election of a representative of their own for that district. Should it become impossible to create a district that has a super majority, whether its 65%, 60%, or 55%, it was his opinion that the Voting Rights Act does not offer a remedy for the minority.
In preparing for this meeting, Mr. Ruane advised members that there have been several Supreme Court decisions since 1988 that also seem to put a city such as Dover in a position where racially conscious redistricting is against some of those Court decisions. He noted that the Court has thrown out some redistrictings due to the gerrymandering manner in which it was accomplished and questioned if the City would be vulnerable in this matter. Responding, Mr. Pepper stated that several of those cases were relative to 14th Amendment cases, due process and equal protection cases, and that the City’s case falls under the Voting Rights Act, which Congress passed in order to enforce the guarantees provided by the 15th Amendment that granted the right to vote to blacks. It was his opinion that the City would not be vulnerable under these circumstances; however, he suggested that the vulnerability would be a challenge based on Baker versus Carr. After receipt of the 2010 Census, in 2011, when the City begins to redraw the districts, it was his opinion that the City will have serious difficulty in developing a district consisting of 65% minority population, particularly with maintaining only four (4) districts.
Mr. DePrima noted previous discussion regarding a strong mayor form of government and having the city manager reporting to the mayor. At that time, it was his recollection that it was the opinion of representatives of the NAACP that this would violate the Consent Decree since such a change would in effect put city government under the direction of an individual voted at-large versus members of council. Responding, it was Mr. Pepper’s opinion that such an argument would not have merit under the Consent Decree. He assured members that, outside of the requirements of the Consent Decree, the City of Dover is free to form its government in any way it chooses.
Mr. Hogan alluded to legislation being proposed for consideration by Congress that would allow for defendants to petition the court to remove any consent decree after four (4) years. Mr. Pepper felt that such legislation would create an issue regarding the separation of powers. He is not aware of the proposed legislation or its status with Congress. Mr. Ruane noted that the legislation was introduced to the U.S. Senate and House in November.
In response to Mr. Ruane, Mr. Pepper confirmed that there has been a lot of movement afoot in an attempt to eliminate consent decrees relating to jail management and educational facilities; however, it was his opinion that it would be disastrous to take this type of action regarding elections.
Concurring, Mr. Salters noted that the minority population in Dover is approximately 30%-35%, which should result in at least 30% representation of Council or any other elective body. Although there have been improvements, he stated that the only assurance of participation by all people is with the current Consent Decree or the possibility of more districts with a minimum of 65% minority population. He advised members that there is concern in the community regarding the City’s consideration of this issue.
For clarification, Mr. Slavin stated that this meeting was called specifically to gain information. He noted that due to a prior commitment, Mr. Pepper had to depart the meeting; however, City Solicitor Rodriguez would be available for any further questions.
Mr. Hogan expressed his pride in the City for its diversity and felt that the reason this has become an issue is because the black enclaves continue to disappear. As a result of the diversity throughout the City, he relayed concern that the City will not be able to meet the 65% black district and questioned what the result would be if this requirement was not met. Responding, Mr. Rodriguez stated that if the City was unable to meet the 65% black district, the City would be in violation of the Consent Decree and would have to explain the situation to the Court. He further explained his opinion that the districts cannot be split, they must remain contiguous.
Considering the possibility that the court could determine to nullify the Consent Decree, Mr. Leary suggested that the Plaintiffs would rather have the opportunity to discuss the alternatives to allow for a 65% black district.
Mr. Slavin suggested that members continue an on-going conversation and dialogue through the receipt of the 2010 Census information, with the understanding that since a decision would not be necessary for a few years, these discussions will remain preliminary in nature.
Referring to previous comments of Mr. Ruane, Mr. Salters indicated concurrence that the issue that should be addressed is relative to economics. It was his opinion that if there were more adequate jobs in Dover, there would be less renters and more homeowners, which would decrease the black population in the Fourth District. He advised members that historically in Dover, no minority has been elected at-large and he felt that if members were to understand the ramifications and reasons for this, they would have a different perspective on this matter. Mr. Salters stated that although the City of Dover has come a long way, the fact is that we are not quite there yet.
Responding, Mr. Hogan reminded members that Mr. Hardcastle was elected to City Council by at-large voting and, although he concurs with Mr. Salters, he relayed concern that there will be a problem meeting the requirements of the Consent Decree and that members must consider a solution.
Although there may be other solutions to the problems, Mr. McGlumphy suggested that if members developed a strong economic development plan, providing livable wage jobs, etc., the dilemma being faced by the City in this regard could be resolved. He also questioned why the at-large elected position was created.
Mr. McGiffin stated his feeling that there is an economic issue to some degree; however, he suggested that members not lose sight of the fact that the problem goes beyond economics, noting that the issue is not with just poor people but rather poor, black people. He explained that these people are not only disadvantaged by the way Dover is set up economically, but are historically oppressed people. He suggested that members not lose sight of this fact while dealing with the problem that the City’s growing diversity has left us.
In closing, Mr. Slavin stated that based on the discussion this evening, during the Review of the 2005 Charter Review Committee Recommendations, in all probability, members will not be able to formulate any recommendation regarding this matter until the receipt of the 2010 Census. It was also his opinion that members of Council would not take any action on this matter until after 2010 and only if the conditions in the Census warrants any action.
There was no further action taken by members of City Council.
By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote.
SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 5, 2008
A Special Safety Advisory and Transportation Committee meeting was held on February 5, 2008 with Chairman Hogan presiding. City Clerk’s Office Note: Since there was not a quorum at this meeting, no official recommendations were made to forward to Council.
Resolution in Support of Weekend Bus Service (Dover Human Relations Commission)
During their meeting of November 28, 2007, the Dover Human Relations Commission (DHRC) recommended adoption of a proposed Resolution in support of weekend bus service in Dover. Members were provided with correspondence from the DHRC, as well as the proposed Resolution for their consideration.
Dr. Hoff, Chairman of the DHRC, advised members that the commission believes that there is a need for weekend bus service, such service is a critical quality of life issue, and payments for such services should be provided by the state, county, and local government if possible. The DHRC recommended approval of the proposed Resolution and that it be forwarded to the Governor and General Assembly of the State of Delaware for consideration.
Based on previous discussions, Mr. Hogan indicated his belief that the committee members would support the proposed Resolution; however, since there was not a quorum, no official action could be taken. He noted that it may be necessary to revise some of the language to coincide with Resolutions considered by Council. Mr. Hogan stated that during the next committee meeting of February 26, 2008, members will take action regarding the proposed Resolution to be forwarded to Council for action.
DART Presentation on Funding of Weekend and Late Night Bus Service in Kent County
Members reviewed a letter from Mr. Stephen Kingsberry, Executive Director of the Delaware Transit Corporation, requesting the City Manager for the opportunity to discuss the City’s ability to help fund weekend bus services for Kent County residents and businesses. Members were provided a response from Mr. DePrima, City Manager, suggesting that a presentation be given to the Safety Advisory and Transportation Committee and that if it is their desire for the City to consider funding for this service in fiscal year 2008-2009 budget year, then a specific request should be included in the presentation. It was noted that the Delaware Authority for Regional Transit (DART) is managed and operated by the Delaware Transit Corporation (DTC).
Ms. Catherine Smith, Planning Manager for the DTC, provided background information regarding the services provided by DTC. Ms. Lisa Collins, Planner for DTC, reviewed the map depicting the fixed route service area for Kent County and the Spring 2008 Saturday Proposal, as well as information regarding the Weekend Bus Service Pilot Program.
Ms. Smith advised members that the cost for the four (4) fixed routes to operate on Saturday would be approximately $360,000 annually (funded by the State of Delaware); the cost to extend the existing fixed route from 6:00 p.m. to 9:00 p.m. during the weekday would be approximately $400,000 to $500,000 annually; and the cost to add Saturday and Sunday services, full complement of the fixed routes ran during the weekday, would be approximately $750,000 to $800,000 annually.
Responding to Mr. Hogan, Ms. Collins stated that last year, there were 185,000 users of the service. With regards to the largest ridership for the fixed routes, Ms. Smith indicated that last year there were 20,000 on Route 101; 23,000 on Routes 104 and 109; and 15,000 on Route 114. For each of these routes, there are approximately 160-170 riders per day. Ms. Collins advised members that weekend services has been the biggest request amongst users for the past several years.
Ms. Smith noted that public hearings have been scheduled to be held during the first week in April. She also advised members of the partnerships that have been developed with businesses and it was her feeling that there is an opportunity to expand these partnerships to the downstate area.
Mr. Hogan suggested that the City be provided information regarding the public hearings in order for the information to be included on the City’s Website.
Initial Discussion - Prioritization of Transportation Projects
There being no objections, Mr. Hogan requested that the briefing on DelDOT and MPO Projects occur prior to the committee’s discussion regarding the Prioritization of Transportation Projects since these briefings may provide information that will effect the discussion regarding this matter.
Briefing on DelDOT Projects (Gary Laing)
Mr. Gary Laing, Municipal Liaison for DelDOT, gave members the following updates:
Signalization Project
Mr. Laing advised members that the signalization project continues to progress, although there has been a slight delay due to weather conditions. He stated that the work at the intersection of Loockerman and New Streets should be completed this week, at which time work will begin at the intersection of Loockerman Street and Legislative Avenue. Although Loockerman Street will be closed, the north side of Legislative Avenue must remain open as it serves as an access and exiting point for the Post Office, State offices, and Treadway Towers.
Mr. Laing indicated that upon completion of the Loockerman Street and Legislative Avenue intersection, there will be three (3) more intersections to complete for this project as follows: 1) New and North Streets; 2) Queen and North Streets; and 3) Queen and Water Streets.
Responding to Mr. Ruane, Mr. Laing stated that the Dover Police Department would have accident data for those intersections that have been completed; however, he stated that DelDOT has received positive feedback as a result of this project, particularly from users of Division Street, which has been totally completed.
South Governors Avenue Improvements
Mr. Laing advised members that the original intent was to begin the South Governors Avenue Improvement project in March. In reviewing this schedule, he stated that it was discovered that the detour route, as a result of the closure of South Governors Avenue, would cause traffic to utilize New Burton Road, which could possibly bring traffic onto Queen Street. He explained that this would not be acceptable since Queen Street may be closed due to the Signalization Project; therefore, DelDOT will be delaying the South Governors Avenue Improvements Project until the Signalization Project is complete. It is anticipated that this project will begin in May, no later than June.
Mr. Laing stated that DelDOT has requested the opportunity for the Project Manager for the South Governors Avenue Improvements Project to provide a presentation to City Council during their meeting of February 25, 2008. He advised members that a public workshop will be held on Tuesday, March 4, 2008 at Reilly Brown Elementary School in order to remind the public and provide details as to what the project entails.
Briefing on MPO Projects (Juanita Wieczorek)
Ms. Wieczorek, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), briefed members on the Planning Studies of the MPO. She advised members that the Route 8 Study was not adopted at the last MPO Council meeting, which will delay how soon those recommendations are forwarded to DelDOT for funding. She stated that there were some issues regarding the manner in which the cultural resource survey was accomplished and reported, which she felt have been resolved. Ms. Wieczorek stated that there was also an issue regarding maintenance of plantings in the median, explaining that the study recommended grass or some sort of plantings in the median between Mifflin Road and Saulsbury Road and that DelDOT has indicated that they would not be responsible for the maintenance. She plans to meet with the City Manager to determine if this would be an issue for the City.
With regards to the North Dover Study, Ms. Wieczorek advised members that meetings will be scheduled with businesses and homeowners in this area to share with them the consultant’s (RK&K) traffic analysis. She indicated that the plan is for this project to be completed by the end of this fiscal year.
Ms. Wieczorek reviewed the draft list of projects approved by the MPO for transportation improvement program projects. Regarding the US Route 13/Division Street Intersection Improvement and Pedestrian Crossing Project, Ms. Wieczorek stated her understanding is that DelDOT is conducting an analysis of the safety issues and that Highway Safety Improvement money will be made available for this project upon its completion. She suggested that the City of Dover also identify this location as a safety issue that requires resolution.
Ms. Wieczorek noted that although it was not included on the Unfunded Projects List, the Chairman of the MPO is submitting a request to DelDOT to review the intersection of West and North Streets regarding concerns of the traffic in the area of Saulsbury Road and West and North Streets. DelDOT is being requested to conduct a study of this area and to incorporate any improvements in the West Dover Connector and/or the Eden Hill Property improvements.
Responding, Mr. Hogan noted that the West Dover Connector will not be accomplished for several years and that there is a problem in this area that requires immediate attention. He suggested the possibility of making West Street one-way southbound as a temporary solution until the West Dover Connector is completed. Ms. Wieczorek advised members that discussions were held with DelDOT several years ago regarding the possibility of making West Street one-way south, and Queen Street one-way north; however, this was not specified by the MPO at their last meeting. The approach DelDOT has requested of the MPO is not to define the solution, but rather to simply provide the problem. Responding to Mr. Hogan, Ms. Wieczorek suggested that this issue be a separate project from the West Dover Connector in order to improve assurance of consideration by DelDOT.
Initial Discussion - Prioritization of Transportation Projects
During their meeting of December 13, 2007, Mr. Hogan requested that members begin to give consideration to prioritizing transportation projects for further discussion. Members were reminded that each year, members of Council submit a prioritization list of transportation projects for the City of Dover to the Secretary of the Department of Transportation, as well as the Governor and other distinguished delegates, for their review and consideration. To aid in the initial review, members were provided the letter and the list of projects submitted in 2007.
In addition to the projects mentioned, Mr. Ruane suggested that members also consider the issue regarding Railroad Cars and the relocation of the switching and storage along New Burton Road. There has also been reference to the Kent County Aeropark having an apron installed and suggested that members include this as a project on their list. He encouraged members to continue to support the passenger rail service. He questioned if the Water Street Railroad Crossing has been considered and whether it should also be included on a prioritization list.
Responding, Mr. Hogan requested that Mr. Ruane as well as all members of Council and the committee provide a list with a brief explanation of any items that they wish to be included in the transportation prioritization list for consideration during the next committee meeting on February 26, 2008.
By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - FEBRUARY 11, 2008
The Utility Committee met on February 11, 2008 with Chairman Ruane presiding.
Dedication of Rights-of-Way and Public Infrastructure - Maple Glen
The developer of the Maple Glen Subdivision, Bay Developers, Inc., has requested that all public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a map that depicted all the public improvements associated with the subdivision and a map that depicted the general location and configuration of the subject rights-of-way. Bay Developers, Inc. has constructed all of the improvements in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer and a one (1) year Maintenance Agreement, Letter of Credit, and a Release of Liabilities have been submitted by the
developer as part of the dedication process. In addition, as-built drawings of the infrastructure have also been submitted to the City for our permanent records.
Mr. Koenig, Public Services Director, advised members that all open space/wetlands, stormwater management areas, and the stormwater outfall structure (including 68 l.f. of 24” Class III reinforced concrete pipe) from the pond area are to be privately maintained by the Maple Glen Homeowner’s Association. He stated that he has had conversations with Mr. Gaudioso, representative of the Homeowner’s Association, for several years regarding the dedication of Maple Glen and that he has relayed concerns regarding the pipe culvert adjacent to the Covington property, as well as some public road that is encroaching on that pipe improvement. Mr. Koenig stated that staff will resolve this issue during the one year maintenance period. Mr. Gaudioso also indicated that there are some deficiencies with the improved park area associated with the subdivision. This is a privately owned park area that will eventually be assumed by the Homeowner’s Association. He assured Mr. Gaudioso that staff would work through all the issues related to the private open space, since they appear to be small and cosmetic in nature; however, there are other issues important to the Homeowner’s Association that should be addressed by the committee.
Staff recommended acceptance of dedication of rights-of-way and public infrastructure in the Maple Glen Subdivision, with the dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (Construction Value = $321,300.00):
15” SDR-35 PVC Sanitary Sewer Main - 1,958 l.f.
8” SDR-35 PVC Sanitary Sewer Main - 1,255 l.f.
6” PVC Sanity Sewer Laterals - 1,350 l.f. (54 laterals)
4’ Diameter Sanitary Sewer Manholes - 21 ea. (281.67 v.f.)
Water Utility Infrastructure (Construction Value = $169,675.00):
8” Ductile Iron (Class 52 Cement Lined) Water Main - 3,085 l.f.
6” Ductile Iron (Class 52 Cement Lined) Water Main - 105 l.f.
1” Polyethylene Water Service Line - 1,125 l.f. (43 services)
8” Gate Valves - 7 ea.
6” Hydrant Valves - 4 ea.
Fire Hydrants - 4 ea.
2” Blow Off Assembly - 2 ea.
Storm Water Infrastructure (Construction Value = $179,625.00)
Catch Basins - 19 ea.
15” Type III Reinforced Concrete Pipe - 1,453 l.f.
18” Type III Reinforced Concrete Pipe - 384 l.f.
24” Type III Reinforced Concrete Pipe - 408 l.f.
15” ADS N-12 Plastic Pipe - 20 l.f.
24” ADS N-12 Plastic Pipe - 130 l.f.
Flared End Sections (Concrete) - 3 ea.
Street Infrastructure: (0.5765 miles) (Construction Value = $380,500.00)
Maple Glen Drive Station 0+00 to Station 26+75 2,673 l.f.
Covington Drive Station 0+00 to Station 2+00 200 l.f.
Northgate Drive Station 0+00 to Station 1+71 171 l.f.
3,044 l.f.
Responding to Mr. McGiffin, Mr. Koenig stated that if the acceptance is deferred it would affect snow removal, street sweeping, etc., and that the City would be required to work with the developer regarding these types of issues. It was his opinion that the acceptance would remove the developer from the equation and allow staff to work directly with the homeowners regarding their concerns. He also advised members that homeowners always have the recourse of contacting the City Manager or City Council should they be unsatisfied with staff’s action.
For clarification, Mr. Gaudioso, 167 Maple Glen Drive, stated that he does not represent the Homeowner’s Association and, to his knowledge, there are no residents that are members of the Homeowner’s Association, although the Homeowner’s Association has been incorporated. On behalf of the residents (it was noted that there were approximately 20 residents of Maple Glen in attendance), Mr. Gaudioso provided members with pictures of the subdivision (as on file in the Office of the City Clerk), depicting the cul-de-sac on Covington Drive and explained the concerns. Several months ago, he requested Mr. Koenig to inspect the area due to concerns regarding the slope of the land leading down to the cul-de-sac (erosion) and the condition within the culvert. He also noted the erosion occurring under the sidewalk and concern with the homeowner’s being responsible for these issues in the future. Mr. Gaudioso also advised members of issues regarding uneven ground in the public open space area and dead trees on public and private land. It was his feeling that the City has the responsibility to protect the residents regarding these issues since they approved the plans for the subdivision. He requested that the City protect the residents from being held financially responsible in resolving these issues.
Responding, Mr. Koenig assured members that the culvert issue will be resolved as a part of the dedication, explaining that any required improvements in the public rights-of-way is covered under the one year maintenance agreement. He advised members that with the approval of the subdivision, there was an obligation of Bay Developers, Inc. to form a Homeowner’s Association. Unlike most developments, during the time of construction, the developer and builder were not the same entity. With the exception of the last lot, Mr. Koenig stated that Bay Developers, Inc. sold all the lots to Middleneck Homes. Therefore, since there is a separate developer and builder for this development, he explained that it has been difficult to obtain its dedication, which should have occurred many years ago. With regards to the issues involving the private open space, Mr. Koenig stated that Bay Developers controls the officers of the Homeowner’s Association; therefore, any problems with these areas are the responsibility of these officers. He stated that it is his intent to advise Bay Developers of the private open space issues in an attempt to have them resolved.
Mr. McGiffin felt that the dedication is a separate issue from the concerns relayed by the residents and that this meeting is not the avenue for which they should be addressed; however, he questioned the appropriate mechanism provided by the City for having such concerns resolved. Responding, Mr. Koenig indicated that there is a building permit outstanding and, although staff has not instituted the “clean hands” ordinance for these types of issues, he advised members that staff deals with developers on these types of outstanding issues on a regular basis. He felt confident that the City has enough options to compel the developer to resolve the issues.
Responding to Mr. Ruane, Mr. Koenig explained that the City has an obligation to dedicate the public infrastructure. He agreed to provide members with a status report on the action taken regarding the concerns relayed by the residents in two (2) weeks, although they may not all be resolved.
The committee recommended approval of staff’s recommendation for the acceptance of the dedication of rights-of-way and public infrastructure for The Maple Glen Subdivision, with dedication to include all of the referenced public improvements, stipulating that staff provide a status report on the action taken regarding the concerns relayed by Mr. Gaudioso.
It was noted that staff provided a status report to members during their meeting of February 25, 2008, held earlier in the evening.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Lighting Project and Rehabilitation Schedule
During the committee meeting of October 8, 2007, in reviewing the Lighting Project and Rehabilitation included in the FY 2007/08 Electric Capital Improvement Projects Briefing, members requested that staff provide a schedule of the neighborhoods/developments that are to be considered.
As requested, Mr. Lunt, Public Utilities Manager, provided members with a schedule of the neighborhoods/developments slated for the lighting project and rehabilitation, which included estimated costs associated with the project. He explained the criteria used in the analysis and prioritization and noted that the schedule may be altered or accelerated based on possible funding from Delaware Legislators through the DelDOT Community Transportation Fund.
The committee recommend acceptance of the schedule as presented by staff.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Underground Electric Conversion Schedule
Mr. Lunt, Public Utilities Manager, advised members that staff has analyzed and prioritized those developments that require conversion from overhead pole lines to underground