REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 9, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. McGiffin, Mr. Hogan, Mr. Salters. Mr. Ruane and Mr. Slavin were absent.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mrs. Townshend, Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Speed was absent.
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. David Anderson, 217 Cecil Street, stated that he has found a possible solution to the brown water issue. A company called Underground Solutions has done work at Dover Air Force Base at a very reasonable price. Mr. Anderson noted that they perform pipe relining without tearing up the roads by pushing a sealant through the pipes.
Mr. Jerry Alston, 461 Generals Green, stated that Delaware has a racial discrimination and bias problem. He noted that the Delaware Supreme Court Task Force on Racial and Ethnic Fairness Report of 1996 identifies the factors effecting racism in the State. Mr. Alston stated that nothing has been done to hire more minority lawyers or judges or anything to change the disparity in the State.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for approval of the Consent Agenda, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 25, 2007
The Minutes of the Regular Council Meeting of June 25, 2007 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey (Mr. Ruane and Mr. Slavin absent) and bore the written approval of Mayor Speed.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTIES LOCATED ON THE EAST SIDE OF SOUTH WEST STREET, SOUTH OF WEST DIVISION STREET (CAPITAL SCRAP YARD), CONSISTING OF EIGHT (8) PARCELS TOTALING 1.4601+/- ACRES, OWNED BY THE DOWNTOWN DOVER DEVELOPMENT CORPORATION
A public hearing was duly advertised for this time and place to consider the rezoning of Properties located on the east side of South West Street, south of West Division Street (Capital Scrap Yard), owned by the Downtown Dover Development Corporation. These properties, consisting of eight (8) parcels totaling 1.4601+/- acres, are currently zoned C-3 (Service Commercial) and the proposed zoning is C-2A (Limited Central Commercial). (The First Reading of this ordinance was accomplished during the Council Meeting of May 29, 2007).
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Public Hearing
Council President Williams declared the hearing open.
Mr. Gary Patterson, President of the Downtown Dover Development Corporation, stated that their goal for the site is to reclaim it and develop retail uses and possibly the Cultural Center.
Council President Williams declared the hearing closed.
Responding to Mr. McGlumphy, Mrs. Townshend stated that the parcel is a “brownfield” site, which means that is has environmental contamination. The parcel is currently under a clean up plan that has been approved by the Department of Natural Resources (DNRC). Mrs. Townshend noted that they are in the process of bidding the work to clean up the site so that it can be developed in a safe and environmentally sustainable way. Mr. Patterson advised members that they have a commitment from DNRC for reimbursement for the clean up.
Mr. Hogan moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mrs. Russell and by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EAST SIDE OF SOUTH WEST STREET, SOUTH OF WEST DIVISION STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-3 (Service Commercial) to C-2A (Limited Central Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-3 (Service Commercial) to C-2A (Limited Central Commercial) on that property located on the east side of South West Street, south of West Division Street, consisting of eight (8) parcels totaling 1.4601 +/- acres, owned by the Downtown Dover Development Corporation.
ADOPTED: JULY 9, 2007
2005 CHARTER REVIEW COMMITTEE RECOMMENDATION
During their Regular Meeting of May 23, 2005, Council adopted a Resolution establishing the 2005 Charter Review Committee to study the City Charter and submit recommendations relative to proposed changes in the form of government, election process, terms of office, and other amendments deemed necessary to assure the continued orderly growth and efficient management of the City. The committee submitted a preliminary 6 month report and was to have submitted the final report, including recommendations, within twelve (12) months of organizing, which would have been September 2006. A final draft was sent to the 2005 Charter Review Committee for final review. Although there were still decisions to be made regarding some, it was the consensus of members that the documents should be forwarded to City Council at this time.
Mr. Salters moved to accept the 2005 Charter Review Committee report and refer it to the Legislative, Finance, and Administration Committee for review, seconded by Mr. Carey and unanimously carried.
Mr. Carey moved to discharge the 2005 Charter Review Committee, seconded by Mr. Salters and unanimously carried.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JUNE 26, 2007
The Safety Advisory and Transportation Committee met on June 26, 2007, with Chairman Hogan presiding.
Proposed Resolution - Maintenance and Safety Procedures for Rail Transport of Hazardous Materials
During their regular meeting of January 11, 2007, Mr. DePrima stated that Congressman Castle introduced House of Representatives Bill 4106 (HB 4106), Railroad Security and Public Awareness Act, which would increase funding for security on subway systems, commuter lines, freight rail cars, and Amtrak trains. This legislation would authorize funding for more canine units, communications systems, security technology, and more police officers. It would also authorize mandatory rail worker security training programs to prepare front-line employees for potential threat conditions. Mr. DePrima indicated that the committee may want to support this bill and suggested that it be reviewed by members and noted that the City of Wilmington has also developed a resolution expressing their concerns regarding hazardous materials being transported through the City.
Members reviewed the draft Maintenance and Safety Procedures for Rail Transport of Hazardous Materials Resolution. Mr. Carey suggested that members also review the HB 4106, “Railroad Security and Public Awareness Act”. He requested that an update on that bill be given during their next meeting. Mr. Ruane stated that it is imperative to invite Mr. Michael Kirkpatrick, DelDOT Representative, to attend their next meeting due to their on-going discussions with Norfolk Southern Corporation regarding the storage of railcars.
Mr. Hogan suggested that this item be deferred until the next meeting so that HB 4106 can be further researched.
Briefing on MPO Projects - Juanita Wieczoreck
Ms. Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), stated that DelDOT’s Transportation Program was approved by the Bond Bill Committee and will be fully funded; however, she noted that it appears that the FY2010 Transportation Program will be $100 million short in funding.
Mrs. Wieczoreck indicated that a public workshop was held on June 20, 2007 at the Delaware Technical & Community College to discuss transportation on US Route 13 in North Dover. Most of the attendees were from DuPont Manor. The next Project Advisory Committee Meeting for the Route 8 Study will be held on June 28, 2007. Mrs. Wieczoreck stated that she contacted DelDOT regarding the timing of the signal lights along Division Street; however, she has not yet received a response.
Briefing on DelDOT Projects
Due to the absence of Mr. Gary Laing, Municipal Liaisan for DelDOT, Mrs. Wieczoreck provided the following updates:
Traffic Signal at Greenway Lane and Kenton Road
The traffic signal at Greenway Lane and Kenton Road is not funded and further discussion of this project will be included in the Kenton Road Study.
DelDOT Mega Traffic Study (SR1/Route 8 and East Dover Housing Development Projects)
The DelDOT Mega Traffic Study (SR1/Route 8 and East Dover Housing Development Projects) has been completed and the Lexington Glen project has moved forward with the developer being tapped to make the improvements to the intersection of Route 8 and Route 13. The status of the other two (2) projects that are also a part of the TIS are unknown at this time. Responding to Mr. Link, Mrs. Wieczoreck stated that the analysis of the Route 8 area is also taking into consideration the new Dover High School.
West Dover Connector
No new information on this issue.
South Governor's Avenue Improvements
Mr. DePrima indicated that the South Governor’s Avenue Improvements project construction is expected to begin the Spring of 2008.
Wyoming Road Project
Mr. DePrima indicated that a meeting has been scheduled between DelDOT and the City of Dover regarding this project.
Responding to Mr. Hogan, Mrs. Wieczoreck stated that the Transit Hub Concept on Water Street is slowly moving forward and that the design has been revised. The new revision is to be presented to the Dover/Kent County Metropolitan Planning Organization Council in August or September of this year. Mr. DePrima stated that Trailways Bus Service and Greyhound Lines have relocated to the City Cab, Inc. location on South Governors Avenue and that no complaints have been received. He also indicated that City Cab, Inc. would also like to be included in the new Transit Hub facility.
Mr. Carey requested that all the turn lanes and through lanes be marked along Division Street.
By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
IBEW CONTRACT SETTLEMENT
During the Executive Session held earlier in the evening, members were provided with the details of the proposed IBEW contract, which has been ratified by the union.
Mr. DePrima advised members that the proposed contract is a three (3) year agreement which includes a 3% wage increase in the first year, 3.5% in the second year, and 4% in the third year. Additionally, the contract includes the following:
► The creation of two (2) additional hiring rates at lower levels so that the hiring rate will remain the same for entry level employees.
► Union participation, on a trial basis, in the use of performance-based evaluations (PFP).
► A letter of understanding that confirms that persons who retire after July 1, 2009 will not be entitled to Medicare Part B premium payments by the City.
► Elimination of the “me too” clause
► Changing the payday from Wednesday to Friday
► A $25 increase in the safety shoe allowance
► An increase of three (3) vacation days
Responding to Mr. McGlumphy, Mr. Hogan recalled that the total cost to the citizens would be approximately $71,000.
Mr. Hogan moved for approval of the IBEW contract, as set forth in the executive session held earlier this evening by the City Manager and Human Resources Director. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
EVALUATION OF BIDS - PURCHASE OF PAD-MOUNTED DISTRIBUTION CAPACITORS
The City of Dover has an obligation through the Delmarva Power Interconnection Agreement to maintain a 98.5% power factor. We are currently not in compliance with this requirement. In early 2005, staff began studying the electric system to develop a plan to comply with this issue. The department first planned on installing transmission capacitors at the College Road Substation; however, after studying the causes of the poor power factor it was decided that the most effective placement of the capacitors would be within the distribution system. After researching the power factor on all of the City’s distribution circuits, a plan was developed to install six pad-mounted capacitor banks, which is the first phase of a multi-year project.
Staff recommended awarding the purchase of the Pad-Mounted Distribution Capacitors bid to the low bidder, Mid Atlantic Power Equipment Sales, in the amount of $79,226.
Mr. McGlumphy noted that $225,000 has been budgeted in this fiscal year and the expenditure required for this purchase is approximately $80,000. He asked if the remaining funds would be used in this fiscal year to complete the project. Mr. DePrima responded that there would be other components to this project, which will be worked on in this fiscal year.
Mr. Carey moved to award the purchase of the Pad-Mounted Distribution Capacitors to the low bidder, Mid Atlantic Power Equipment Sales, in the amount of $79,226, as recommended by staff. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
EVALUATION OF BIDS - PURCHASE OF OVERHEAD DISTRIBUTION CAPACITORS
The City of Dover has an obligation through the Delmarva Power Interconnection Agreement to maintain a 98.5% power factor. We are currently not in compliance with this requirement. In early 2005 staff began studying the electric system to develop a plan to comply with this issue. The department first planned to install transmission capacitors at the College Road Substation; however, after studying the causes of the poor power factor, it was decided that the most effective placement of the capacitors would be within the distribution system. After researching the power factor of all of the City’s distribution circuits, a plan was developed to install eleven overhead capacitor banks, which is the first phase of a multi-year project.
Staff recommended awarding the purchase of the Overhead Distribution Capacitor bid to the low bidder, Wesco Distribution Inc., in the amount of $45,304.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
EVALUATION OF BIDS - WELL #8 REPLACEMENT
The replacement of Cheswold Well #8 was approved in the 2006-2007 budget and funding was carried forward into the 2007-2008 budget year. The condition of this well had deteriorated to a point of keeping the well off-line despite previous efforts to rehabilitate it.
Staff recommended awarding the replacement of Chewold Well #8 to the low bidder, A.C. Shultes of Delaware, Inc., in the amount of $164,675.00.
Responding to Mr. Hogan, Mr. DePrima stated that he believed the old well would be capped and a new well would be drilled. He advised members that the cost to cap the well was included in the bid. Mr. DePrima noted that, although this project would improve water supply, it would have no direct effect on the brown water issue.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
EVALUATION OF BIDS - FY 2008 MISCELLANEOUS CONCRETE REPAIR PROGRAM
In conjunction with the City of Dover's Capital Investments Plan, it is proposed to use a contractor to remove and replace approximately 2,807 square feet of miscellaneous concrete work at various tentative locations throughout the City of Dover during Fiscal Year 2008. Staff has reviewed the locations and prepared a work plan for these repairs
This is a unit price contract starting with the date of award and ending within sixty (60) calendar days after the Notice to Proceed. The estimated completion date is Monday, October 1, 2007.
Staff recommended awarding a unit price contract for the FY-2008 Miscellaneous Concrete Repair Program based on the unit prices for each work item to Bulls Eye Construction, Inc. in the estimated amount of $29,738.45 based on a tentative scope of work. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover. The value of the contract may be increased or decrease based on the actual scope of work.
Mr. Koenig, Public Services Director, advised members that the contract documents include concrete repair or replacement at 27 total locations throughout the City. He noted that $65,000 has been budgeted for the whole year and City staff will complete any additional work not covered under the contract.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
REAPPOINTMENT RECOMMENDED BY MAYOR SPEED - DOVER PARKING AUTHORITY - LAURA G. SIMMONS - FIVE YEAR TERM TO EXPIRE JULY 1, 2012
Mayor Speed recommended the reappointment of Laura G. Simmons to serve on the Dover Parking Authority for a five-year term to expire July 1, 2012.
By consent agenda, Mr. Salters moved for approval of the reappointment to the Dover Parking Authority, as recommended by Mayor Speed, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
APPOINTMENT RECOMMENDED BY MAYOR SPEED - ELECTION BOARD - LILLIE M. JOHNSON - FOURTH (4TH) DISTRICT REPRESENTATIVE (TO FILL EXPIRED TERM OF BEULAH GRAY - THREE YEAR TERM TO EXPIRE MAY 2010)
Mayor Speed recommended the appointment of Lillie M. Johnson to serve on the Election Board for a three-year term to expire May 2010.
By consent agenda, Mr. Salters moved for approval of the appointment to the Election Board, as recommended by Mayor Speed, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
REAPPOINTMENTS RECOMMENDED BY MAYOR SPEED - METROPOLITAN PLANNING ORGANIZATION - TWO-YEAR TERMS TO EXPIRE JULY 2009
Mayor Speed requested the reappointment of Prameela Kaza and James P. Webster to the Metropolitan Planning Organization for two-year terms to expire July 2009.
By consent agenda, Mr. Salters moved for approval of the reappointments to the Metropolitan Planning Organization, as recommended by Mayor Speed, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane and Mr. Slavin absent).
SETTING OF DATES FOR SPECIAL ELECTION
In accordance with Section 13 of the City Charter, a Special Election must be held to fill the vacancy created by the resignation of Mayor Stephen R. Speed, since the vacancy created is in excess of six (6) months in duration. This position is for the Mayor's seat with a term that expires May 12, 2008.
The following dates were submitted for Council consideration and approval relative to the Special Election:
Date of Election - Tuesday, September 18, 2007 - The earliest the election can be held is August 22, 2007 and the latest it can be held is September 20, 2007.
Filing Petitions - Through July 27, 2007 - This time frame allows more than two (2) weeks for the filing of petitions and seven (7) weeks for campaigning and absentee voting.
Voter Registration Close - August 24, 2007 - Voter registration (for the Special Election) shall close on August 24, 2007 and reopen on October 1, 2007. The State will continue to accept voter registration applications, but will not forward them to the City of Dover until our registration period reopens.
Members were advised that The Elk's Lodge and Dover Park Recreation Center have been tentatively reserved as polling places for the Special Election the Seventh Day Adventist Church has been contacted. Newspaper notices for the filing petition dates will be prepared so that we can advertise immediately following the Council Meeting (upon Council approval of the dates).
Mr. Hogan moved for approval of the proposed dates, as recommended by staff, seconded by Mr. McGiffin and unanimously carried.
COUNCIL MEMBERS ANNOUNCEMENTS
Council President Williams advised members that she would not be running in the Special Election for the Mayor’s seat.
City Solicitor Rodriguez advised members that the City of Dover Charter currently requires a member of Council who chooses to run for Mayor to relinquish his or her term on Council. It was Mr. Rodriguez’ opinion that the Charter does not address the resignation of the Mayor and; therefore, Council members should not be required to relinquish their term to participate in the Special Mayoral Election.
Referring to the vacancy in the Mayor’s seat, Mr. McGlumphy noted that a quality candidate will realize that this is a public service position which requires a great deal of time; therefore, it should not be about the salary.
Mr. Carey advised members that the Trailways and Greyhound bus terminals have been relocated to the City Cab Office across from Kent General Hospital.
Mr. McGlumphy moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:03 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 9, 2007, are hereby approved.
STEPHEN R. SPEED
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Petition to Amend the Zoning District and the Findings and Recommendations of the Planning Commission for Properties Located on the East Side of South West Street, South of West Division Street, Owned by the Downtown Dover Development Corporation