Regular City Council Meeting
iCal

Jan 28, 2008 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on January 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. Salters, and Mr. Ruane. Mr. Hogan was absent.

Council staff members present were Police Chief Horvath, Mr. Capuano, 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 Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

Mr. Eric O’Brien, 30 N. New Street, submitted a letter (as on file in the Office of the City Clerk) explaining his concerns with loud music in his neighborhood. He advised members that after numerous reports to the Police Department, no action has been taken. Since these noises are violations of City ordinances, he requested that action be taken to resolve these issues.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Slavin moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.

Mr. Salters moved for approval of the consent agenda, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

ADOPTION OF MINUTES - COUNCIL WORKSHOP OF JANUARY 7, 2008

The Minutes of the Council Workshop of January 7, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Russell and bore the written approval of Mayor Carey.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 14, 2008

The Minutes of the Regular Council Meeting of January 14, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Russell and bore the written approval of Mayor Carey.

CERTIFICATE OF RECOGNITION - 125TH ANNIVERSARY OF DOVER’S WATER SYSTEM

The following Certificate of Recognition was read into the record by the City Clerk:

WHEREAS, it was determined after a disastrous fire that tragedy could strike at any time that the City of Dover decided it was necessary to install a municipal water works system; and

WHEREAS, the municipal water works system was complete in 1882 and consisted of an engine, a boiler house of brick, two boilers, two pumps and a pump well, the system contained 13,000 feet of pipe mains and twenty seven fire hydrants ; and

WHEREAS, the entire system was installed on a bid price of $19,500 to which they came close by completing it at the cost of $20,862.10; and

WHEREAS, the water system priorities have expanded to provide fire protection, a clean water source meeting regulatory requirements, quality and quantity needs, and operations and maintenance;  and

WHEREAS, the distribution system has grown from 2.5 miles in 1882 to over 190 miles in 2007 and the water sources have increased from 1 well in 1882 to 22 wells in 2007. Service connections have increased from 27 in 1882 to over 13,200 in 2007; and

WHEREAS, the staff works seven days a week to ensure Drinking Water Standards are met, and the staff is available 24 hours a day, seven days a week to operate and maintain the system including repairs, system flushing and responding to customer issues.

NOW THEREFORE, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, AND BEVERLY C. WILLIAMS, DOVER CITY COUNCIL PRESIDENT, do hereby present this Certificate of Recognition to the CITY OF DOVER WATER UTILITY in recognition of 125 years of dedicated service to the citizens of the City of Dover.

On behalf of the Mayor and Council, Council President Williams presented the Certificate and a Plaque in recognition of the 125 years of dedicated service to Mr. Lunt, Public Utilities Director, and Mrs. Duca, Assistant City Engineer for the Public Utilities Department. Mr. Lunt relayed appreciation to the present and past employees for their dedication and accepted the plaque on their behalf.

PROCLAMATION - BLACK HISTORY MONTH

The City Clerk read the following Proclamation into the record:

WHEREAS, the first Negro History Week was established in 1926 by Carter Godwin Woodson, Ph.D., founder of the Association for the Study of Negro Life and History, which is known today as the Association for the Study of African-American Life and History; and

WHEREAS, Carter Godwin Woodson, Ph.D. was the second African-American ever to earn a Ph.D. at Harvard University and is acknowledged as the Father of Black History; and

WHEREAS, Dr. Woodson chose the week in February which encompassed the birthdays of Abraham Lincoln and Frederick Douglas, two significant figures in the history of African Americans, to celebrate Negro History Week; and

WHEREAS, Dr. Woodson believed that publishing scientific history about the Black race would counter racial falsehoods and prove that Africa and its people played a crucial role in the development of civilization, thus helping to put an end to race problems; and

WHEREAS, in February of 1976, fifty years after the first celebration of Negro History Week, the first Black History Month was celebrated; and

WHEREAS, during the month of February the nation proudly celebrates the accomplishments, contributions, and history of African-Americans.

NOW THEREFORE I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE this 28th day of January, 2008 do hereby proclaim February as BLACK HISTORY MONTH and encourage all citizens to celebrate the contributions of African-Americans to our great society.

PROCLAMATION - I LOVE TO READ MONTH

The City Clerk read the following Proclamation into the record:

WHEREAS, reading is fundamentally the backbone to education and a vital part of a child's development; and

WHEREAS, when children are encouraged to read, and are read to, they will develop the love for reading that will continue with them throughout adulthood; and

WHEREAS, we acknowledge the critical role of educators in providing the skills the children need as well as the encouragement many children need to continue reading to adapt the love of literacy that paves the way for tomorrow; and

WHEREAS, we encourage all citizens to set aside time to read, and to realize the importance of taking time out of your day to read, and how it can influence others around you.

NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of February, 2008, as I LOVE TO READ MONTH in Dover, Delaware, and urge all citizens to join me by encouraging children and their families to overcome the dark shadows of illiteracy as they prepare the next generation to learn to love books and reading.

PROCLAMATION - RONALD REAGAN DAY

The City Clerk read the following Proclamation into the record:

WHEREAS, Ronald Reagan served with honor and distinction for two terms as the 40th president of the United States of America; the second of which he earned the confidence of 3/5 of the electorate and was victorious in 49 of the 50 states in the general election - a record unsurpassed in the history of American presidential elections; and

WHEREAS, during Mr. Reagan's presidency he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and

WHEREAS, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, and prepared America's armed forces to meet 21st century challenges; and

WHEREAS, President Reagan's vision of "peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and

WHEREAS, February 6, 2008 will be the 97th anniversary of Ronald Reagan's birth and the third since his passing.

NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim February 6, 2008 to be RONALD REAGAN DAY and urge all citizens to be cognizant of this event and to participate fittingly in its observance.

PRESENTATION - CUSTOMER RELATIONS MANAGEMENT SOFTWARE

Mr. DePrima, City Manager, introduced Ms. Kay Deitz-Sass, Public Affairs Coordinator, who reviewed the presentation provided to members regarding the new Customer Relations Management Software. He reminded members that the system provides for a centralized program that will allow people to communicate over the Internet and allow the tracking of complaints to be monitored by City staff as well as members of Council.

Ms. Deitz-Sass stated that the Citizen Request Management Software Program bolts into the City’s existing Website, which will allow citizens to file reports from home regarding any concerns or issues, or they can contact a City employee either in person or over the telephone to file such reports. She stated that the program will allow citizens to track the status of their concern or issue. In addition, the program will allow for consistent information, provide information as to who is dealing with the issue, and when it will be resolved, and will provide for accountability. The system will also assist in assuring that issues are resolved in a timely manner. She noted that the program provides reports.

Ms. Deitz-Sass reviewed the Citizen (Customer) Relations Management Program and explained the steps a citizen would take to contact City staff via the program. She advised members that members of Council will be trained, individually, on how to use the administrative side of the CRM Program in the near future.

UTILITY COMMITTEE REPORT - JANUARY 14, 2008

The Utility Committee met on January 14, 2008 with Chairman Ruane presiding.

Dedication of Rights-of-Way and Public Infrastructure - Four Seasons

The developer of the Four Seasons Subdivision, MikeRoy, L.L.C., 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 showing the general location and configuration of the subject rights-of-way. MikeRoy, L.L.C. 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.

Mr. Koenig, Public Services Director, noted that the material provided to members indicates that a one (1) year Maintenance Agreement, Maintenance Bond, and a Release of Liabilities, as well as the as-built drawings, have been submitted by the developer. He advised members that although these documents have been submitted, they have not been finalized. He assured members that these documents will be finalized prior to consideration by City Council.

Mr. Koenig advised members that the approved plan set for this subdivision indicates that the Four Seasons Homeowners Association shall have the full responsibility and expense for the perpetual maintenance of the landscaped open space islands located within the public right-of-way of Arlberg Circle, Homberg Circle, and St. Bernadino Circle.

Staff recommended acceptance of dedication of rights-of-way and public infrastructure in the Four Seasons Subdivision, with the dedication to include all of the referenced public improvements, as follows:

             Sewer Utility Infrastructure (Construction Value = $236,264.00):

             12" SDR-35 PVC Sanitary Sewer Main                                   -                          200 l.f.

             10" SDR-35 PVC Sanitary Sewer Main                                   -                          221 l.f.

             8" SDR-35 PVC Sanitary Sewer Main                                     -                       3,184 l.f.

             8" C-900 PVC Sanitary Sewer Main                                        -                          140 l.f.

             6" PVC Sanity Sewer Laterals                                                  -  1,337 l.f. (43 laterals)

             4' Diameter Sanitary Sewer Manholes                                     -       19 ea. (137.74 v.f.)

             Water Utility Infrastructure (Construction Value = $193,275.00):

             10” Ductile Iron (Class 52 Cement Lined) Water Main           -                       1,300 l.f.

             8” Ductile Iron (Class 52 Cement Lined) Water Main             -                       3,656 l.f.

             6” Ductile Iron (Class 52 Cement Lined) Water Main             -                          162 l.f.

             1” Polyethylene Water Service Line                                         - 1,192 l.f. (43 services)

             10” Gate Valves                                                                        -                              2 ea.

             8” Gate Valves                                                                          -                              6 ea.

             6” Hydrant Valves                                                                    -                              7 ea.

             Fire Hydrants                                                                            -                              7 ea.

             Storm Water Infrastructure (Construction Value = $185,555.00)

             Catch Basins                                                                             -                            29 ea.

             Storm Water Manholes                                                             -             2 ea. (9.75 v.f.)

             15” Type III Reinforced Concrete Pipe                                    -                          282 l.f.

             18” Type III Reinforced Concrete Pipe                                    -                          162 l.f.

             24” Type III Reinforced Concrete Pipe                                    -                          116 l.f.

             36” Type III Reinforced Concrete Pipe                                    -                            21 l.f.

             42” Type III Reinforced Concrete Pipe                                    -                          518 l.f.

             48” Type III Reinforced Concrete Pipe                                    -                            80 l.f.

             15” ADS N-12 Plastic Pipe                                                       -                          576 l.f.

             18” ADS N-12 Plastic Pipe                                                       -                          301 l.f.

             24” ADS N-12 Plastic Pipe                                                       -                          279 l.f.

             30” ADS N-12 Plastic Pipe                                                       -                          189 l.f.

             36” ADS N-12 Plastic Pipe                                                       -                          111 l.f.

             Street Infrastructure: (0.9884 miles) (Construction Value = $879,391.00)

             Arlberg Circle                                          Station 0+00 to Station 3+99              399 l.f.

             Eiger Court                                              Station 0+00 to Station 3+19              319 l.f.

             Homberg Circle                                       Station 0+00 to Station 3+99              399 l.f.

             Matterhorn Drive                                     Station 0+00 to Station 18+31         1,831 l.f.

             Mont Blanc Boulevard                             Station 0+00 to Station 18+72         1,872 l.f.

             St. Bernadino Circle                                Station 0+00 to Station 3+99              399 l.f.

5,219 l.f.

The committee recommended approval of staff’s recommendation for the acceptance of the dedication of rights-of-way and public infrastructure for The Four Seasons Subdivision, with dedication to include all of the referenced public improvements.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

2030 Energy Plan Committee Status Report

Members were provided the 2030 Energy Plan Committee Status Report. Mr. DePrima, City Manager, reminded members that the 2030 Energy Plan Committee was created almost two (2) years ago for the purpose of exploring ways of replacing or creating electric generation for the City of Dover for the future. Mr. Fred James, Project Coordinator with PACE, gave a presentation and reviewed the Status Report. He advised members that the 2030 Committee is requesting approval to move forward, as follows:

1)Manage a Solicitation Process to select a development partner(s).

2)Support partner’s development efforts until prospective power project is defined and commercial terms for energy, capacity and equity participation are defined.

3)Dover will then compare this “Build” option(s) to Market “Buy” options, or combinations thereof, before any further commitments are made.

Mr. James stated that the next steps for the 2030 Committee is to present the RFP Process to members during their January 28, 2008 meeting. He assured members that there will be no binding commitment on behalf of the City to proceed with any party or proposal and explained that the objective is to solicit creative ideas and commercial options from those in the power development business that may suit the City’s long-term electricity needs and objectives.

It was the consensus of members to recommend support of the plan as presented and to encourage the 2030 Committee to move forward with the plan, including the presentation of the RFP Process to members during their next meeting.

Mr. Greg Neil, President of the Wild Meadows Homeowner’s Association, relayed appreciation for the presentation and explanation provided. Due to the close proximity to the Garrison Tract, Mr. Neil stated the desire of the residents is to obtain details of how this project may affect their neighborhood. He indicated an understanding, as explained during the presentation, that this project is in its planning stages.

Draft Resolution in Support of the Bluewater Wind Project

Members reviewed a proposed Resolution in support of the Bluewater Wind Project. Mr. Ruane advised members that the Public Service Commission and the three (3) other state agencies responsible for approving the Bluewater Wind power purchase agreement with Delmarva have "tabled" the project because of the lack of consensus. The tabling of this project further delays the availability of this alternative energy supply, which Dover has agreed to include in its portfolio as a partner in an agreement between Bluewater Wind and the Delaware Municipal Electric Corporation (DEMEC).

In discussing the status of the Bluewater Wind project with Mr. McCullar, President and CEO of DEMEC, he agreed that the member cities in DEMEC, such as Dover, could play a more active role in trying to persuade members of the Delaware General Assembly to support this project, since they are reportedly the ones who are behind the lack of consensus among the four (4) state agencies. Although Mr. McCullar felt that direct communication with individual State Legislators would be the preferred route, he also agreed that a Council Resolution in support of the project would be helpful.

Mr. Ruane noted that discussion and approval of such a Resolution would not only remind the public of the importance of the project for municipal electric providers, but the Resolution would also provide a mechanism for the Council as a whole to communicate its support to the Governor, the entire General Assembly, the four (4) State agencies and the Public Service Commission.

Responding to Mr. Snaman, Mr. Ruane stated that the proposal has been submitted by DEMEC and that members of Council were made aware of the City’s participation costs; however, this is proprietary information and suggested that an executive session be scheduled to provide further details to committee members. He advised members that this is a competitive matter, otherwise, DEMEC would not have become involved.

The committee recommended adoption of the proposed Resolution.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and by a unanimous roll call vote (Mr. Hogan absent), Council adopted Council Resolution Number 2008-02, as follows:

CITY OF DOVER'S SUPPORT FOR ENTRY OF POWER SUPPLY CONTRACT WITH BLUEWATER WIND.

WHEREAS, the Electric Utility Retail Customer Supply Act of 2006 required Delmarva Power to seek new, Delaware based power generation, to assist in providing stable prices and a reliable energy source to Delmarva's customers; and

WHEREAS, in compliance with that legislation State Agencies issued a Request for Proposals and received proposals from three different companies, each offering different means of generating power; and

WHEREAS, one of the responses to that Request for Proposals was submitted by Bluewater Wind for the construction of offshore wind turbines to provide a renewable, reliable, Delaware-based energy source; and

WHEREAS, after significant public input, research and review, on May 22, 2007, the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget determined that Delmarva should enter into negotiations with Bluewater Wind to construct an offshore windfarm to meet Delaware's power supply needs now and in the long-term; and

WHEREAS, on April 27, 2007, the Delaware Municipal Electric Corporation ("DEMEC") and Bluewater Wind entered into a Memorandum of Understanding ("MOU") for the purchase by DEMEC of electrical power produced by the Bluewater Wind Project; and

WHEREAS, the City of Dover is a member of DEMEC and the citizens of Dover will benefit greatly from the Bluewater Wind Project; and

WHEREAS, since that time Bluewater Wind and Delmarva have been in negotiations for Bluewater Wind to supply power to Delmarva's customers; and

WHEREAS, Bluewater Wind has taken numerous steps to address concerns raised regarding the construction and operation of the windfarm, including re-working their pricing structure to significantly lower the cost increases and to establishing significant penalties to Bluewater Wind if they do not perform as promised; and

WHEREAS, a contract between Delmarva and Bluewater Wind has been drafted and presented to the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget for their approval; and

WHEREAS, the Public Service Commission Staff have given the contract a favorable review;

Draft Council Resolution No. 2008-02 City of Dover's Support for Entry of Power Supply Contract with Bluewater Wind; and

WHEREAS, on December 18, 2007, the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget met to consider the terms of the contract but instead decided to postpone the vote; and

WHEREAS, the Bluewater Wind Project will provide a substantial, additional source of power for DEMEC's member municipalities, including the City of Dover, that is easily accessed, reliable, and price-stable, and that offers certain credits and offsets because of its renewability; and

WHEREAS, having a Delaware-based wind farm will establish the State of Delaware as a leader in providing renewable power to its citizens; and

WHEREAS, the construction and operation of a project of this size will provide significant economic development benefits to Delaware; and

WHEREAS, there has been enough study of this matter and it is time for action on behalf of Delaware's citizens; and

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:

1. That the City of Dover supports the proposed contract between Bluewater Wind and Delmarva, as it will provide the citizens of Delaware with clean renewable, Delaware-based energy supply and make Delaware a leader in providing renewable energy sources.

2. That the City of Dover urges the Public Service Commission, Delaware Department of Natural Resources and Environmental Control, the Office of the Controller General, and the Office of Management and Budget to vote to approve the contract presented by Delmarva and Bluewater Wind as quickly as possible.

3. That such approval will enable DEMEC and its member municipalities, including the City of Dover, to move forward with the MOU with Bluewater Wind for the purchase of renewable wind power.

ADOPTED:    JANUARY 28, 2008

PACE/NAES Monthly Report (November)

Mr. DePrima provided the PACE/NAES Monthly Reports for November 2007. He reminded members that the report is 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 give them the opportunity to make improvements if deemed necessary. It is not his intent to make a presentation of the report; however, he welcomed any questions.

By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 14, 2008

The Legislative, Finance, and Administration Committee met on January 14, 2008 with Chairman Slavin presiding.

Review of 2005 Charter Review Committee Recommendations - Article II (Continued)

During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.

During their meeting of November 26, 2007, Mr. Slavin noted that members would continue their review of the 2005 Charter Review Committee Recommendation at “Section 36 - Council not to Interfere with Appointments or Removals of Manager; Giving Orders to Subordinates of Manager Prohibited; Penalty for Same (Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, Model City Charter)”. As scheduled, members continued consideration of the recommendations to Article II - Mayor and Council, of the Dover Charter, as follows:

Section 36, City Charter - Council not to Interfere with Appointments or Removals of Manager; Giving Orders to Subordinates of Manager Prohibited; Penalty for Same (Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, Model City Charter)

Members relayed concern with an employee’s rights of appeal. Mr. DePrima stated that the City has grievance procedures and that there are State Laws to assure employees are provided due process.

The committee recommended including the language in Section 2.05 - Prohibitions, Subsection (c) - Interference with Administration, as stated in the Model City Charter, rather than Section 36 of the City Charter, and to cite existing State Code as it relates to an employee’s right of appeal.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

Section 35 - Removal of Employees by Manager (Section 2.05 - Prohibitions, Subsection (b) - Appointments and Removals, Model City Charter)

Although members had previous acted on these Sections, due to the concerns relayed regarding Section 36, it was the consensus of members that additional action should be taken.

The committee recommended including the language in Section 2.05 - Prohibitions, Subsection (b) - Appointments and Removals, as stated in the Model City Charter, rather than Section 35 of the City Charter, and to cite existing State Code to assure an employee is afforded due process.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

Mr. McGlumphy suggested that the City Solicitor provide the appropriate language to be included to assure an employee is afforded due process.

Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (a) - Vacancies; and Subsection (b) - Forfeiture of Office, Model City Charter)

There was discussion amongst members regarding the possibility of including the language in Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsections (a), and (b), as stated in the Model City Charter, rather than Section 13 of the City Charter, with the inclusion “infamous acts” in addition to moral turpitude listed in Subsection (b).

Mr. McGiffin relayed his reluctance in the inclusion of “infamous acts” since such acts are difficult to define. He also advised members that an “infamous act” would not necessarily mean that a crime had been committed.

Referring to Subsection (a), Mr. Ruane suggested that members determine if there are provisions for the removal from office and questioned what are the provisions. Also, referring to Subsection (b), he questioned how a member is excused by Council for their absence at Council Meetings.

The committee recommended including the language in Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsections (a), and (b), as stated in the Model City Charter, rather than Section 13 of the City Charter.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter)

Mr. Ruane noted that the current City Charter addresses vacancies for both Mayor and Council and that the Model City Charter addresses only vacancies for Council.

Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendation at “Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter)” during their next meeting.

Authorization to Purchase - Document Imaging System Upgrade - Sole Source

Members were advised that the City has been using Westbrook Technology’s Imaging products for more than ten years. For the past several years, at the annual Technology Advisory Committee (TAC) Meetings, departments have been requesting upgrades to this system to include capturing reports from our HTE, Inc. software. Staff contacted Westbrook Technologies, the producer of the software, to acquire three (3) resellers for bidding on this project. The written response from the VP of Sales at Westbrook Technologies indicated three important points for consideration: 1) Hilyard’s Inc. is the only reseller based in Delaware; 2) the City is under contract with Hilyard’s Inc. and would lose what they call “investment protection” if we opt out of that contract; and 3) he assured us that our current reseller, Hilyard’s Inc., provides pricing that is “extremely competitive”. This savings, in the amount of a $20,000 credit from this protection program, is only available through Hilyard’s, Inc.

Mr. DePrima, City Manager, advised members that staff conducted an internal survey during November 2007 to assess the satisfaction with the current software product and our current vendor, Hilyard’s, Inc. The results of the survey was overwhelmingly in favor of staying with the same product line and reseller, Hilyard’s, Inc. In light of the above factors, staff views this upgrade project as a sole source vendor situation.

Staff recommended authorization for the purchase of the Document Imaging System upgrade from Hilyard’s Inc. in the amount of $79,998.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Hogan absent).

Proposed Budget Amendments - Budget Balances and Carry-Forwards

Mrs. Mitchell, Finance Director/Treasurer, reviewed budget ordinances to incorporate into the FY08 Budget the final budget balances and project budget balances carried forward from FY07. She noted that also included in the budget amendments is the revised transfer taxes attributed to the sale of the three (3) apartment complexes earlier this year. She advised members that the Electric Revenue Fund changes incorporate the Revised Electric Revenue Fund Forecast for FY08 as presented to City Council in October along with the FY07 final results. The Budget Ordinance only includes the recommended changes for the budgeted line items affected and does not include all line items in each fund or reserve account.

Mrs. Mitchell reminded members that additional

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