REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 10, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were 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 Osika, 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.
Mrs. Rexene Ornauer, 17 Mifflin Road, stated her observation that the new medical building on North Street is becoming a very large facility and questioned what is being planned for the corner of North and West Streets at Railroad. She noted that this area is already a traffic hazard and has concerns that the new medical building, as well as a new daycare facility in this area, will generate additional traffic and cause more havoc. She felt that this intersection should be reviewed for resolving the traffic issues at this intersection.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy requested the addition of item #13A, December 24, 2007 Special Holiday, seconded by Mr. Salters.
Responding to Mr. Ruane, Mr. McGlumphy felt that the employees of the City deserve a special holiday, given the importance of the season and family, and noted that the State of Delaware and other governmental agencies have issued December 24, 2007 as a Special Holiday. Since tonight is the only Council Meeting for the month of December, he stated that it is necessary to take action with regards to this matter at this time.
Mr. Salters moved for approval of the agenda as amended, seconded by Mrs. Russell and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 26, 2007
The Minutes of the Regular Council Meeting of November 26, 2007 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Russell and bore the written approval of Mayor Carey.
OATH OF OFFICE - ADMINISTERED BY THE HONORABLE HENRY DUPONT RIDGELY - JUSTICE, SUPREME COURT - COUNCIL AT-LARGE - THOMAS J. LEARY
The Honorable Henry duPont Ridgely, Justice, Supreme Court, administered the Oath of Office for Thomas J. Leary, Council At-Large.
RECESS
Mr. Hogan moved to recess to take photographs of the members of City Council, seconded by Mr. McGlumphy and unanimously carried.
Meeting Recessed at 7:37 P.M.
The meeting reconvened at 7:42 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. Mayor Carey was also present (arrived at 8:25 p.m.).
CONSENT AGENDA
Mr. McGlumphy moved for approval of the consent agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.
PRESENTATION - GREATER DOVER FOUNDATION - JOHN W. PITTS RECREATION CENTER DONATION
Representatives of the Greater Dover Foundation, Mr. Ray Book, Chair, and Mr. Joe McDaniel, Member, presented Council President Williams and Mr. Zachary Carter, Parks and Recreation Director, with a donation in the amount of $8,000 for a new score board at the John W. Pitts Recreation Center.
Mr. Carter expressed his gratitude and thanked the Greater Dover Foundation for their contribution. Council President Williams also relayed appreciation for the generosity of the community and the dedication of the many involved in bringing the John W. Pitts Recreation Center to fruition.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 26, 2007
The Legislative, Finance, and Administration Committee met on November 26, 2007 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.
As scheduled, members continued consideration of the recommendations to Article II - Mayor and Council, of the Dover Charter, as follows:
Section 5, City Charter (2nd paragraph) - Size; Districts (Section 2.02, Model City Charter - Eligibility, Terms, and Composition - (c) Composition)
Mr. Slavin reminded members that during their meeting of November 13, 2007, they felt that the size and district issue should have the input of the NAACP. He advised members that letters will be sent out to representatives of the NAACP and that a meeting will be scheduled specifically for this issue during the January 14, 2008, committee meeting. He has verbally contacted some of the representatives of the NAACP regarding this invitation, as well as Deputy City Solicitor Pepper.
Section 12, City Charter - Compensation and Expenses - Mayor and Council and Other Elected or Appointed Officials (Section 2.04, Model City Charter - Compensation; Expenses)
During their meeting of November 13, 2007, members considered the 2005 Charter Review Committee’s recommendation for adoption of a Resolution that would establish a Compensation Commission. As requested, the City Clerk provided members with the July 20, 2006, Minutes of the 2005 Charter Review Committee.
Mr. McGlumphy relayed opposition to relinquishing the responsibility of City Council to a Commission for determining the salary for the Mayor and Council.
Referencing the language in Section 2.04 of the Model City Charter, Mr. Shevock noted that it includes the provision for any increase to be provided after an election is held and that the current City Charter does not prohibit current members from an immediate salary increase. Mr. Slavin reminded members that there is a provision in the United States Constitution that sitting Congress cannot raise their own salary.
Mr. Ruane stated his support for the creation of a Compensation Commission, noting that previous discussions regarding salaries for the Mayor and Council have been very contentious. Concurring, Mr. McGiffin stated that consideration of these salaries has also been personal. It was his opinion that by having a commission responsible for this consideration, it would remove the personal element from the consideration and that it would be more objective.
Mrs. Jones indicated her support for the adoption of a Resolution creating a Compensation Commission, as well as the recommendation to include the language in Section 2.04 of the Model City Charter, rather than that of Section 12 of the current City Charter.
Mr. Slavin stated that the issue for establishment of a Compensation Commission would address concerns regarding members of Council having a decision in the matter since the Council could reject the Commission’s recommendation; however, they would not be able to increase their salaries.
The committee recommended acceptance of the 2005 Charter Review Recommendation that Section 12 be replaced with Section 2.04 of the Model City Charter and adoption of the Resolution establishing the Compensation Commission.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Section 2.05 - Prohibitions, Subsection (a) - Holding Other Office, Model City Charter
The committee recommended including Section 2.05 - Prohibitions, Subsection (a) - Holding Other Office, as stated in the Model City Charter.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Section 5, City Charter (6th paragraph) - Councilman Filing and Running for Mayor
Members considered retaining the 6th paragraph of Section 5 to appear following Section 2.05(a) of the Model City Charter.
Mr. Hogan suggested that this requirement be inclusive of all elections. City Clerk’s Office Note: Due to a recent Special Election, it was the opinion of the City Solicitor that a member of Council wishing to file and run for the Mayor’s position would not have to relinquish their current seat as a member of Council.
Before this matter is presented to City Council, Mr. Ruane requested that the City Clerk conduct research regarding this paragraph of Section 5 of the current City Charter.
Mr. Slavin questioned if the rationale for the paragraph is to provide a fairness for members of City Council, explaining that if the requirement was not in place, half of the members of Council would be required to relinquish their Council seat to run for Mayor and the other half would not.
Concurring, Mr. Hogan suggested that to alleviate this unfairness, with nine (9) members of Council, there could be three (3) year staggered terms and, with a Mayor having a four (4) year term, the election for the Mayor would fall on a different group of Council each election.
In consideration of different alternatives, Mr. Ruane suggested consideration of the Mayor being elected by the members of City Council.
Mr. Slavin indicated that this matter will be deferred to allow the City Clerk to conduct research with regards to the 6th paragraph of Section 5 of the City Charter.
Section 35 - Removal of Employees by Manager (Section 2.05 - Prohibitions, Subsection (b) - Appointments and Removals, Model City Charter)
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.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Due to time constraints, Mr. Slavin stated that members will 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)” during their next meeting.
Responding to Mr. Ruane, Mr. Slavin explained that the purpose of this review is to create a document for consideration by Council so that when Council accepts the report and recommendations of the committee regarding the review of the Charter, they are accepting the work that the committee has accomplished as a work product and not as a final product.
Draft Comprehensive Annual Financial Report
During their meeting of November 12, 2007, members were provided a Draft of the City’s Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2007, which has also been provided to the City’s audit firm Faw, Casson, & Company, LLC. Due to time constraints and the length of the report, Mr. Slavin requested that members be given additional time to review the report and that this matter be brought back to the committee for further review during their next meeting.
In accordance with the auditing services calendar, staff provided members with a draft of the City of Dover CAFR for the year ending June 30, 2007. Still to be completed is the review of the statistical section, divider tabs, and page numbering, as well as including any changes recommended by the City’s auditors.
Mrs. Mitchell, Finance Director/Treasurer, advised members that the auditors are still reviewing individual fund statements and schedules, as well as the corresponding narrative in the report. She also noted that this is the first time the Audit Committee approach is being used in the preparation and presentation of the CAFR. Mrs. Mitchell provided explanations to major highlights, as well as any subsequent changes that will be incorporated into the final CAFR, which will be presented to members on December 10, 2007.
Duke Agreement Closeout
Members were reminded that the City’s contract with Duke Energy ended on June 30, 2006. The contract had a provision that required an audit of the financial results each year. Duke requested that the City negotiate a settlement to close out the contract and forego an audit. The remaining items that needed to be settled were the purchase of all spare parts and fuel inventories, metering equipment and the annual rebate to the City.
Mrs. Mitchell, Finance Director/Treasurer, provided members with the pre-negotiated and the post-negotiated invoices, as follows:
Duke Negotiated
Invoice Settlement
9/7/2006 11/17/2007
Consumable Inventory Expenses for FY2005-06 $2,666,923 $2,666,923
Meter System Expenses for FY2005-06 $75,000 $75,000
Spare Parts Inventory Expenses for FY2005-06 $1,214,326 $910,745
Rebate for FY2006 ($879,777) ($1,079,000)
Net Invoice Amount$3,076,472$2,573,668
Net Cash Flow Savings $502,804
Staff recommended that the City Manager be authorized to sign the Duke Contract Close documents.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
SPECIAL UTILITY COMMITTEE REPORT - NOVEMBER 27, 2007
The Utility Committee met on November 27, 2007 with Chairman Ruane presiding.
Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 29 - Source Water
Protection Overlay Zone (SWPOZ), Section 29.7 - Tier III (Referred by City Council on October 22, 2007)
During the Regular Council Meeting of October 22, 2007, a public hearing was scheduled to consider the adoption of proposed zoning text amendments that would establish a Source Water Protection Overlay Zone (SWPOZ), which affects over 500 parcels within the City. It was noted that the proposed ordinance was reviewed by the Parks, Recreation, and Community Enhancement Committee during their meeting of October 9, 2007. Based on several comments and other discussions that occurred since the Planning Commission meeting on October 15, 2007, it was staff’s opinion that providing for an exemption may not be the best alternative to address impervious cover limitations and suggested the possibility of balancing important economic development factors with the protection of the recharge areas. Staff recommended that the proposed ordinance be referred to the Utility Committee and that a Public Hearing be rescheduled for January 14, 2008, to allow staff and the Utility Committee to work through these issues to bring forward an ordinance that addresses the concerns realistically. Members of City Council, during their meeting of October 22, 2007, deferred the public hearing for the proposed zoning text amendment and that the ordinance, amending Article 3 - District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ) of the Zoning Ordinance, be referred to the Utility Committee in order to reconsider protective land use policies to protect Dover’s excellent water recharge areas and its well-heads and to present a revised ordinance to City Council for public hearing on January 14, 2008.
During a Special Committee Meeting on November 6, 2007, members reviewed an alternative draft ordinance entitled “Wellhead Protection Only” due to the difficulty of members coming to a consensus regarding the excellent recharge areas at this time. Members were reminded that the State is requiring the City to adopt the Overlay Zone prior to the end of the year and it was felt by staff that the alternative may satisfy the requirement at this time. The committee recommended adoption of the alternative proposed ordinance, as amended, and that a public hearing be scheduled accordingly (public hearing set for November 26, 2007 at 7:30 p.m.). During their Regular Meeting of November 12, 2007, members of City Council accepted the committee’s recommendation. A public hearing was held on November 26, 2007 and Council adopted the alternative ordinance.
Members were provided Section 29.7 - Tier III, of Article 3 - District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ) of Appendix B - Zoning Ordinance, for their consideration.
Mr. Koenig, Public Services Manager, reviewed a presentation of the “Excellent Recharge Areas”, Section 29.7 - Tier III, of the Dover’s Source Water Protection Overlay Zone.
Mrs. Townshend, Director of Planning and Inspections, provided members with a revised draft of Section 29.7 - Tier III, of the Dover’s Source Water Protection Overlay Zone and reviewed the proposed text amendment in detail.
Responding to Mr. Ruane, Mrs. Townshend explained that there are two (2) types of site plans that are received in the Planning Office. There are those that are very small, which can be reviewed administratively and those that require review by the Planning Commission. Rather than such a broad reference to Article 10, she suggested that Section 29.71 be amended by replacing the word “any” with “only” and elimination of the “as set forth in Article 10”.
The committee recommended that Section 29.71 be amended to read as follows: “29.71 Applicability. The impervious cover restrictions of this section shall apply only to activities requiring approval of the planning commission”.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. John Barndt, Program Manager for Source Water and Wellhead Protection Programs for the Department of Natural Resources and Environmental Control (DNREC), relayed concern regarding Section 29.72, as it relates to the stormwater and provided material (Delaware Ground-Water Recharge Design Manual - Supplement 1 and an Excerpt from NCC-UDC) with regards to this issue. Mrs. Townshend requested that staff be provided the opportunity to review the material to develop appropriate language for Section 29.72.
At the request of Mrs. Townshend with regards to the change from 20 to 30 for impervious surface and 30 to 60 for impervious cover, as referenced in Section 29.72, Mr. Gregory Moore of Becker Morgan Group, representing Dover Downs and Delaware State University, stated that although it is felt that the change is better, he has not had the opportunity to evaluate the change. He is in the process of re-calculating all the holdings of Delaware State University and requested the opportunity to discuss the impacts with representatives.
Mr. Phil McGinnis, Kent County Association of Realtors, stated that having just received the information, he has not had the opportunity for a thorough review, although he stated that higher percentages would be preferred.
Mr. Moore advised members that, in the best interest of all parties, he would like the opportunity to introduce, as an incentive, Green Building possibilities and would like to share this information with staff. The Green Building design deals with site improvements and providing criteria for impervious surface, stormwater, and discharge. Mr. Moore noted that it is not just the percentages, but how to meet the criteria to get to the percentages. Responding, Mrs. Townshend indicated that this is, essentially, the entirety of Section 29.72.
The committee recommended to defer Section 29.72 until the next meeting.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
Responding to Mr. Ruane, Mrs. Townshend stated that the Kent Conservation District reviewed the proposed ordinance and sent a letter of support in October 2007. However, she stated that they have not had the opportunity to review any changes that have been made to the draft. Mrs. Townshend assured members that she will forward the final draft to Kent Conservation District and DNREC before the proposed ordinance is presented to City Council for consideration.
Referring to Section 29.77, Mr. Ruane relayed concern with nebulous words such as “desirable” and “consistent” since they are subjective and interpretive. He stated that if a waiver is to be permitted, there should be very specific requirements and criteria.
With regards to Section 29.710, Mr. Moore stated his support, explaining that residential property owners would not have a sophisticated engineer to assist them; therefore, although the Planning Commission review would not be required, it would be helpful for a homeowner to have clear direction of their abilities.
In response to Mr. McGiffin, Mrs. Townshend advised members that staff developed the language for paragraph (a) of Section 29.711 after meeting with interested parties yesterday; therefore, staff is not necessarily recommending the specific language, particularly the word “mitigation”, as it currently reads.
Mr. McGinnis stated that since the meaning of paragraph (a) of Section 29.711 is to compensate, he suggested that the word “compensation” replace “mitigation”. He relayed concern with the use of the City’s assessment of property due to many of these assessments being higher than the market value; therefore, an appraisal done by a qualified, certified appraiser would be preferred. Since the paragraph discusses a reduction of property rights, due to the reduction of impervious surface, Mr. McGinnis advised members that the property value could reduce. He questioned what change, if any, would be made to the assessed value. If it is the intent for the funds obtained through “payment-in-lieu” to be used towards the purchase of property, Mr. McGinnis suggested that the ordinance be specific in this regard.
Mr. Moore, on behalf of the Greater Dover Committee, explained his opposition to not allowing an exemption for the downtown area. He explained that the original design of downtown was based on a grid system that was intended to have full development similar to Loockerman Street. If you limit the redevelopment of those properties to 60% impervious, the result will be suburban, for a downtown that currently “feels” urban. This would be a serious change to Dover and would hinder the ability to redevelop any property in the downtown. It was his opinion that downtown Dover is an area that should be exempted without question.
Responding to Mr. Ruane, Mr. Moore indicated that the downtown is an incentive area, explaining that incentives are offered for the redevelopment of downtown. He stated that by requiring developers to contribute to the City, to allow for the purchase of lands elsewhere, is a disincentive, which is against the attempts to revitalize the downtown.
Mr. John Paradee of Prickett, Jones, and Elliott,11 N. State Street, addressed members as a member of the Greater Dover Committee and relayed concurrence with the comments made by Mr. Moore. He stated that anything that increases the cost of redevelopment in the downtown area is a disincentive and is exactly counter to the efforts for the revitalization of downtown. Reminding members that these revitalization efforts have been difficult, Mr. Paradee explained that such a requirement would only make them more difficult. Also, as a Board Member of Kent General Hospital, he advised members that the proposal would have an effect on the hospital’s master plan and requested that representatives of the hospital be given the opportunity to review and reflect how the proposed ordinance may affect their Master Plan, which is an important part of downtown Dover.
In response to Mr. Ruane, Mrs. Townshend indicated that since a Master Plan has been submitted by Kent General Hospital, they would fall under Section 29.79 of the proposed ordinance. She explained that since a Master Plan for the hospital has already been approved, and if they were to develop the land accordingly, they would not be subject to the proposed ordinance; however, if the hospital submitted a new or revised Master Plan, they would be subject to the requirements as stipulated in the proposed ordinance.
As a board member of the hospital and preparer of their Master Plan, Mr. Moore assured members that the 20-Year Master Plan will need to be updated. He explained the importance of allowing the hospital to maintain itself in its current location and develop to its fullest. If the City does not provide the hospital this ability, they will be challenged and possibly move to a suburban site.
Mrs. Townshend also referred to a letter received from Mr. David Braun of Braun Engineering regarding the imposition of the zone on the downtown area, which was provided to members.
Mr. Snaman questioned the current percentage of impervious surface in the downtown area. He also questioned if the reservoir, where the hospital is located, remains healthy.
Mr. John Barndt, Program Manager for Source Water and Wellhead Protection Programs for the Department of Natural Resources and Environmental Control (DNREC), advised members that Dover is the first urban community to work on this issue and that DNREC is attempting to be sensitive to understanding that having an extreme urban environment and working with resource protection is a challenge. DNREC is concerned with a blanket exemption due to the precedent that would be set. Although DNREC is sensitive that consideration to this area is necessary, Mr. Barndt suggested that rather than a blanket exemption, a higher threshold be considered that would be acceptable and workable.
Responding to Mr. Ruane, Mr. Barndt stated that although Delaware is one of a few states that actually has a state level source water rule, there are others that he could contact to determine how they addressed this issue. He relayed a willingness to work, on behalf of the City, on this issue and conduct research to determine what urban areas in other states that have this type of law are doing.
Mr. Cregar questioned the reasons why the City would not consider a total exemption for the downtown.
Due to time constraints and there being no objections, Mr. Ruane stated that members will defer further consideration of this matter. He requested that staff provide information regarding the various questions raised and information requested by members during their next meeting, including an opinion from the City Solicitor with regards to the affect of an exemption from these requirements for only part of the City.
The committee recommended that a Special Meeting be held on December 11, 2007 at 4:30 p.m. to continue review of the Tier 3, Excellent Recharge Areas (Section 29.7 of the proposed ordinance amendment).
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.
By consent agenda, Mr. McGlumphy moved for acceptance of the Special Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 10, 2007
The Legislative, Finance, and Administration Committee met on December 10, 2007 with Chairman Slavin presiding. City Clerk’s Office Note: Except for the following time sensitive issues, the Legislative, Finance, and Administration Committee Report from December 10, 2007 will be presented to Council during their Regular Meeting of January 14, 2008 for consideration.
Comprehensive Annual Financial Report - Final Draft
During their meeting of November 12, 2007, members were provided a Draft of the City’s Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2007. Due to time constraints and the length of the report, members were provided additional time to review the report. During their meeting of November 26, 2007, Mrs. Mitchell, Finance Director/Treasurer, advised members that the auditors were still reviewing individual fund statements and schedules, as well as the corresponding narrative in the report. She also noted that this is the first time the Audit Committee approach is being used in the preparation and presentation of the CAFR. Mrs. Mitchell provided explanations to major highlights as well as any subsequent changes that will be incorporated into the CAFR final draft, which will be presented to members on December 10, 2007.
Mr. Slavin noted that, due to time constraints, this item has been placed on the Council agenda for the meeting being held later in the evening.
In addition to the final draft of the CAFR, members were provided the auditor’s preliminary letter for discussion purposes only. Mrs. Mitchell provided members with a copy of pages 72-73 of the CAFR, including a completed copy of Note 14 and advised members that with regards to Note 13, the schedules of payments for Rescue #1 should be deleted, explaining that this was inadvertently included from last year.
The committee recommended acceptance of the Comprehensive Annual Finance Report - Final Report, as amended.
Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and unanimously carried.
Evaluation of Bids
Mr. Slavin stated that during the committee meeting held earlier this evening, members considered the following bid items:
Red Alert Computer Aided Fire Dispatching System Upgrade
Members were advised that during the Emergency Communication Center upgrade, it was identified that the Red Alert Computer Aided Fire Dispatching System was in need of a system upgrade. This was budgeted during the Emergency Communications Center upgrade in FY 06/07; however, after the City Manager and Fire Chief met, it was decided that this project could be done in FY 07/08. The current software is outdated and does not comply with current NFPA requirements. The Fire
Chief solicited a contract proposal from the current vendor. Alpine Software is the developer and
exclusive vendor for Red Alert Software. Alpine quoted $25,605 for Red Alert upgrade and $4,195 for GIS Module.
Mr. DePrima explained what the upgrade would provide and noted that this project is essential for dispatching during emergency calls. At the request of Mr. Salters, Fire Chief Osika provided an overview of the Red Alert Fire Dispatching System.
Staff recommended approval of the contract with Alpine Software for Red Alert Computer Aided Fire Dispatching System Upgrade and GIS mapping module in the amount of $29,800.
At the request of Council President Williams, Chief Osika indicated that he would determine if the new software includes electronic transfer.
The committee recommended approval of staff’s recommendation.
Mr. Hogan moved for approval of the contract with Alpine Software for Red Alert Computer Aided Fire Dispatching System Upgrade and GIS mapping module in the amount of $29,800, as recommended by the committee. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Fire Fighting Turnout Gear
The Fire Department solicited bids for the purchase of 20 sets of turnout gear (20 coats and 20 pants) for structural fire fighting. The specifications were the same as last year with some minor modifications due to new NFPA requirements. It was noted that the lowest bidder did not meet the bid specifications. Staff recommended awarding the Firefighting Turnout Gear purchase to Maryland Fire Equipment in the amount of $33,300, one-half of which will be paid by the City of Dover. Chief Osika explained that the City and the fire company split these costs with each paying half. The City’s budget will be charged $16,650 when payment is made to the vendor.
The committee recommended awarding the Firefighting Turnout Gear purchase to Maryland Fire Equipment in the amount of $33,300, one-half of which will be paid by the City of Dover, in the amount of $16,650, as recommended by staff.
Mr. Hogan moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
70 Foot Aerial Truck - Bid #08-0045DPS
The Public Services Department solicited bids to replace the aerial truck (Vehicle # 556) in the City Grounds Division fleet. Vehicle #556 is a 1992 International Aerial Truck which failed the last safety inspection due to cracks in the boom assembly. In addition, members were advised that the truck has been removed from the fleet due to safety issues.
Staff recommended awarding a purchase order to the low bidder, Altec Industries, Inc. in the amount of $129,992 for the purchase of a 70 Foot Aerial Truck, with the trade-in of the old unit in the amount of $8,000. Staff will prepare a budget adjustment to cover the $79 shortfall.
Mr. DePrima explained that the budgeted amount did not contemplate using a trade in, nor did the revenue budget include any revenue from the sale of the 1992 truck. The 1992 truck is fully depreciated; therefore, utilizing the trade in value will bring the truck very close to the budgeted amount. If the truck is sold at auction, it may or may not yield $8,000.
The committee recommended awarding a purchase order to the low bidder, Altec Industries, Inc. in the amount of $129,992 for the purchase of a 70 foot Aerial Truck, with the understanding that staff will prepare a budget adjustment to cover the $79 shortfall.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
CIP REPORT - OCTOBER 2007
By motion of Mr. McGlumphy, seconded by Mr. Slavin, the CIP monthly report for October 2007 was accepted by consent agenda.
EVALUATION OF BIDS - FIBER OPTIC SPLICING CONTRACT
Members were advised that the Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as a “time and material” contract and may exceed $25,000 annually.
Mr. Lunt, Public Utilities Director, advised members that staff does not have the equipment to perform the splicing and, because of the limited amount of splicing required, it is not feasible to purchase the equipment. Bids were solicited for fiber optic splicing, which includes splicing, terminating, and related equipment. Mr. Lunt stated that although three (3) potential vendors submitted bids, one vendor submitted an unacceptable bid form and was deemed non-responsive. The two remaining vendors were evaluated assuming a two (2) day splicing job to determine the low bidder. Members were provided the specifics of this analysis. He stated that the duration of the bid is a one (1) year contract with the possibility of the City extending it for a second (2nd) and third (3rd) year.
Staff recommended awarding a one year blanket Fiber Optic contract, with a City option to extend it an additional two years (three years total), to Goldhorn Electrical Construction, Inc.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
EVALUATION OF BIDS - LINE HARDWARE FOR FEEDERS 3 & 4
Bids were solicited for non-stock transmission and distribution materials for Phase I of the 69kV Feeders 3 & 4 Project. Mr. Lunt, Public Utilities Director, advised members that these materials will be installed on the overhead and underground line from Cartanza Substation to St. Jones Substation. He advised members that there were a few minor changes to the line design after the material list was issued for bid. This will result in an escalation of the quantities of a few of the bid items which, in compliance with the purchasing policy, can be accomplished after bid award with the approval of the City Manager. This adjustment would be approximately $7,500, which is not included in the bid award price.
Staff recommended awarding the bid to National Electrical Systems, Inc., in the amount of $289,305.26.
Mr. Slavin moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
EVALUATION OF BIDS - CARTANZA SUBSTATION STRUCTURES
Bids were solicited for materials to be ordered for the structural steel, switches, breaker, buswork, and related grounding materials needed to modify Cartanza Substation for the operation of Feeders 3 & 4. This equipment will be installed as part of the 69 Kv Feeders 3 & 4 Project. Mr. Lunt, Public Utilities Director, advised members that these materials were originally bid under Bid #08-0023DPU and approved by Council on October 22, 2007. He stated that prior to the bid award, it was discovered that one of the original bids that was declared non-responsive did meet the bid specifications and should have been considered and evaluated. In fairness to the bidders, it was decided to reject all bids, which is allowed under the bid documents, and rebid the materials.
Members were advised that the bids responses received were evaluated by staff and Shaw Engineering. Staff recommended awarding the bid to the low bidder, HD Supply Utilities, in the amount of $99,956.76.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
REQUEST FOR PROPOSALS - FIRE RESISTANT CLOTHING RENTAL CONTRACT
Members were advised that the Electric Division operates and maintains the substations transmission and distribution electrical system and, in doing such, management is responsible for the safety of the workers and is required to provide proper Personal Protection Equipment (PPE). The APPA Safety Manual mandates that employers ensure that employees wear clothing that does not increase the extent of injury during an electric arc or flash. The only way to comply with this is to provide Fire Resistant (FR) clothing, which has been an industry standard for many years. Additionally, the National Fire Protection Association has passed new regulations (NEC 70 E) that will result in citations for companies that do not provide proper FR clothing.
The Request for Proposals for vendors that provide FR clothing was solicited and advertised according to City Policy. An employee/management committee was formed and the eligible companies were interviewed. Staff recommended that the contract be awarded to Uni-First, as they had the lowest cost offer. The vendor will supply 11 shirts and pants, 2 unlined jackets, 2 lined jackets and 2 pairs of bibs overalls and cleaning service. All electric employees that could be exposed to an electrical arc will be required to wear these uniforms. This includes the Line Crew, Meter Technicians, Meter Readers, and Substation Technicians which will typically include 39 employees.
Staff recommended awarding a four (4) year contract, with an option to extend two (2) additional years, to Uni-First for $18.21 per eligible employee.
Mr. Slavin moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CAREY - DOWNTOWN DOVER DEVELOPMENT CORPORATION - COUNCILWOMAN SOPHIA R. RUSSELL(TO FILL UNEXPIRED TERM OF CARLETON E. CAREY, SR. - TERM TO EXPIRE MAY 2008)
Mayor Carey recommended the appointment of Councilwoman Sophia R. Russell to serve on the Downtown Dover Development Corporation for a term to expire May 2008 (to fill the unexpired term of Carleton E. Carey, Sr.).
By consent agenda, Mr. McGlumphy moved for approval of the appointment of Councilwoman Sophia R. Russell, as recommended by Mayor Carey. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT WILLIAMS (TO FILL UNEXPIRED TERMS OF CARLETON E. CAREY, SR. - TERMS TO EXPIRE MAY 2008)
Council President Williams recommended the appointment of Councilman Thomas J. Leary to serve on the Safety Advisory and Transportation Committee and the Utility Committee for a term to expire May 2008 (to fill the unexpired term of Carleton E. Carey, Sr.).
By consent agenda, Mr. McGlumphy moved for approval of the appointment of Councilman Thomas J. Leary, as recommended by Council President Williams. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
REZONING REQUEST/FIRST READING - 988-990 FOREST STREET, OWNED BY ROUTE 8 & SAULSBURY ROAD, LLC
A request was received to rezone properties located at 988-990 Forest Street (southeast corner of Route 8 and Saulsbury Road), owned by Route 8 and Saulsbury Road, LLC, consisting of four (4) parcels of land totaling 2.18+/- acres. Two (2) parcels, consisting of 0.95 acres, are currently zoned C-3 (Service Commercial) and the northern portion of two (2) parcels, consisting of 0.38 acres is currently zoned CPO (Commercial Professional Office), with the total area subject to COZ-1 (Corridor Overlay). The proposed zoning for the 1.33+/- acre area is C-2A (Limited Central Commercial) and subject to COZ-1 (Corridor Overlay). The residual portion of two (2) parcels will remain zoned as CPO (Commercial Professional Office) and subject to COZ-1 (Corridor Overlay Zone). The developer is BBC Properties, Inc.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
Responding to Mr. Hogan, Mrs. Townshend stated that in addition to the center of the properties, the adjacent portion of the parcel towards the intersection is proposed for rezoning to C-2A.
In response to Mr. Ruane, Mrs. Townshend stated that the request is inconsistent with the Comprehensive Plan. She noted that it was her understanding that if an application is received, the applicant is entitled to due process, which is why the matter has been submitted to Council for referral. She stated that although the zoning map is not a part of the Comprehensive Plan, the State Law requires that the zoning map be consistent with the Comprehensive Plan. Mr. Ruane relayed concern with referring a rezoning request that is inconsistent with the Comprehensive Plan.
Mr. Salters moved to refer the rezoning request to the Planning Commission on January 22, 2008 and set a public hearing for February 11, 2008 at 7:30 p.m., seconded by Mr. Leary and carried with Mr. Hogan and Mr. Ruane voting no.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 988-900 FOREST STREET.
DECEMBER 24, 2007 SPECIAL HOLIDAY
Mr. McGlumphy reiterated his feeling that the employees of the City deserve a special holiday, given the importance of the season and family, and noted that the State of Delaware and other governmental agencies have issued December 24, 2007 as a Special Holiday. Since tonight is the only Council Meeting for the month of December, he stated that it is necessary to take action with regards to this matter at this time.
Mr. McGlumphy moved that December 24, 2007 be recognized as a holiday for all City employees, seconded by Mr. Salters.
Responding to Mr. Ruane, Mr. DePrima stated that there are several employees, such as police, dispatchers, etc., that will be required to work on the special holiday; therefore, it will be necessary to compensate these employees’ over-time. For those employees who are required to work on the weekend, he stated that they will be credited another day as a holiday. He stated that the Library will be closed and there will not be any trash collection on the special holiday. He did not have readily available the over-time costs involved.
On a call for the question by Mr. McGlumphy, the motion that December 24, 2007 be recognized as a holiday for all City employees was carried with Mr. Ruane voting no.
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Slavin advised members that an electric employee, Mr. Billy Evans, of the Town of Smyrna was recently injured on the job. He was made aware that a fund was created to defray the cost of travel for the family since Mr. Evans remains hospitalized. After advising City staff, he was notified that the City of Dover employees had raised $500 for this cause. He requested that the Mayor and Members of City Council add to this and send their prayers and best wishes to the Evans Family.
Mr. McGiffin noted that this is the time of year when United Way of Delaware contributions are being solicited by employers. As employees of the City of Dover, he suggested that members of Council demonstrate their leadership and consider making a contribution to United Way through a payroll deduction.
Ms. Russell advised members that for the past 23 years she has held a “Community Youth Christmas Party” and that this year it will be held at 412 State College Road, Prudence Lodge, on Saturday, December 22, 2007, from 1:00 p.m. to 4:00 p.m. for all youth in the area.
Mr. Salters stated that on Saturday, December 29, 2007, at 2:00 p.m., the Inner City Cultural League and Sankofa Dancers will present a Kwanza Program at the Kirkwood Community Center Agency, 56 South Kirkwood Street. He invited all to attend.
Council President Williams encouraged members to watch the Chattanooga Game for the University of Delaware which is for the National Championship. On behalf of members of Council, she wished everyone a very happy holiday and a chance to be with their families during the holiday season.
Mr. McGlumphy moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:20 P.M.