REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 25, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Townshend, Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. 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.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 11, 2007
The Minutes of the Regular Council Meeting of June 11, 2007 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1086 SOUTH STATE STREET (OWNED BY INVESTMENTS TOGETHER, LLC)
An annexation referendum was held on June 14, 2007 for property located at 1086 South State Street, containing 0.25+/- acres, owned by Investments Together, LLC.
Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with zero (0) votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Slavin and unanimously carried.
Annexation
By motion of Mr. Carey, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County and State of Delaware lying on the Northwest side of South State Street and being bounded as follows:
On the East by South State Street – 60' wide;
On the South by land now or formerly of Capitol Cleaners & Launderers, Inc. – deed record V-33-269;
On the Southwest by land now or formerly of B&B General Contractors Inc. – deed record X-42-259;
On the Northwest by land now or formerly of Delmarva Enterprises, Inc. – deed record Q-31-172;
On the North by Other Lands to be conveyed to Investments Together, LLC;
Being more particularly described according to a plan prepared by Braun Engineering & Surveying dated February 22, 2007, reference drawing 0705A, said plan being an integral part hereof as follows:
Beginning at a found concrete monument in the Westerly line of South State Street at the Northeast corner for this subject land and the Southeast corner for Other Lands To Be Conveyed To Investments Together, LLC., said point being approximately 789.45' +/- in a southerly direction from the intersection of the Westerly line of South State Street with the Southerly line of Wyoming Avenue. Thence from said beginning point and continuing with said line of South State Street the following two (2) courses and distances:
1. S 16°47'45" W a distance of 22.20 feet to a point of curvature:
2. By an arc of a circle curving to the left with a radius of 1219.74 feet a distance of 61.46 feet (Its chord being S 15°21'08" W a distance of 61.45 feet) to a found concrete monument in said line of South State Street at a corner of land for the aforementioned Capitol Cleaners & Launderers. Thence with said lands of Capitol Cleaners & Launderers, and then continuing with land of the aforementioned B&B General Contractors:
3. N 89°57'40" W a distance of 160.04 feet to a found iron pipe in line of land of the aforementioned B&B General Contractors at a corner for land of aforementioned Delmarva Enterprises, Inc. Thence with said land of Delmarva Enterprises, Inc.:
4. N 22°38'17" E a distance of 68.09 feet to a found iron pipe at a corner for land of the aforementioned Delmarva Enterprises, Inc., at a corner for other lands to be conveyed to Investments Together, LLC. Thence with said other lands to be conveyed to Investments Together, LLC.:
5. N 83°36'01" E a distance of 157.50 feet to a point and place of beginning.
Containing within the above described courses and distances an area of 11,099+/- square feet or 0.2548 +/- acres.
The above described property is subject to any rights-of-way, easements or restrictions as may be shown in any public records, or any regulation or requirement of any public agency.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 26th day of June 2007 at 12:01 a.m.
ADOPTED: JUNE 25, 2007
Public Hearing - Zoning Classification
Mrs. Ann Marie Townshend, City Planner, reviewed the Petition to Annex and Zone property (Exhibit #1). The Planning Commission recommended that the zoning classification of this property be approved as C2-A (Limited Central Commercial) upon annexation.
Council President Williams declared the public hearing open.
Mr. David Braun of Braun Engineering and Surveying, representing the applicant, noted that the intent of the applicant is to combine this parcel with other property they own immediately north of this property for development as one parcel.
Council President Williams declared the public hearing closed.
Mr. Hogan moved that the property be zoned C2-A (Limited Central Commercial) as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of April 9, 2007).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1086 SOUTH STATE 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 BG - General Business (Kent County zoning classification) to C-2A - Limited Central Commercial (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from BG (Kent County zoning classification) to C-2A (City of Dover zoning classification) on that property located at 1086 South State Street, owned by Investments Together, LLC.
ADOPTED: JUNE 25, 2007
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,495.5 FEET WEST OF MIFFLIN ROAD (OWNED BY EDWIN B. BAKER, III, DONALD M. CAREY, AND RUTH E. CAREY)
An annexation referendum was held on June 14, 2007 for property located on the south side of Forrest Avenue, approximately 1,495.5 feet west of Mifflin Road, containing 5.0+/- acres, owned by Edwin B. Baker, III, Donald M. Carey, and Ruth E. Carey.
Referendum Results
The City Clerk reported that the referendum was held with three (3) eligible voters. Three (3) votes were cast in favor of the annexation, with zero (0) votes cast against annexation.
Mr. Carey moved to accept the referendum results, seconded by Mr. Salters and unanimously carried.
Annexation
By motion of Mr. Salters, seconded by Mr. Carey, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County and State of Delaware, lying on the south side of Delaware Route #8, a short distance northwest of Mifflin Road; being bounded on the north by Delaware Route #8 and lands now or late of Donald M. Carey & Nancy E. Baker; on the east, south and west by lands now or late of Donald M. Carey & Nancy E. Baker and being more particularly described in accordance with an Annexation Plan by Earl D. Smith, Inc. Professional Land Surveyors dated March 10, 2006 as follows to wit:
Beginning at a point in the south line of Delaware Route #8 at a corner for this lot and lands now or late of Donald M. Carey & Nancy E. Baker; said point of beginning commencing from the intersection of the southeast right-of-way of Mifflin Road with the south right-of-way of Delaware Route #8 running in a northwesterly direction a distance of 1,495.5 feet to the point of beginning; thence running from said point of beginning with lands Donald M. Carey & Nancy E. Baker on the following seven courses: (1) South 05 deg. 49 min. 00 sec. West 320.00 feet to a point; thence (2) South 84 deg. 11 min. 00 sec. East 92.16 feet to a point; thence (3) South 05 deg. 49 min. 00 sec. West 416.28 feet to a point; thence (4) North 84 deg. 11 min. 00 sec. West 352.16 feet to a point; thence (5) North 05 deg. 49 min. 00 sec. East 536.28 feet to a point; thence (6) South 84 deg. 11 min. 00 sec. East 60.00 feet to a point; thence (7) North 05 deg. 49 min. 00 sec. East 200.00 feet to a point at a corner for this lot and lands now or late of Baker & Carey in the south line of Delaware Route #8; thence running with the south line of Delaware Route #8, South 84 deg. 11 min. 00 sec. East 200.00 feet to the point and place of beginning and containing 5.0000 acres of land be the same more or less. Tax Parcel: ED-00-076.00-01-08.10-000
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 26th day of June, 2007 at 12:01 a.m.
ADOPTED: JUNE 25, 2007
Public Hearing - Zoning Classification
Mrs. Ann Marie Townshend, City Planner, reviewed the Petition to Annex and Zone property (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as R-10 (One Family Residence) upon annexation.
Council President Williams declared the public hearing open and, with no one present wishing to speak, Council President Williams declared the public hearing closed.
Mrs. Russell moved that the property be zoned R-10 (One Family Residence) as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of April 9, 2007.).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,495.5 FEET WEST OF MIFFLIN ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 - Single Family Residence (Kent County) to R-10 - One Family Residence (City of Dover)
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1 (Kent County) to R-10 (City of Dover) on that property located on the south side of Forrest Avenue, approximately 1,495.5 feet west of Mifflin Road, containing 5.0+/- acres, owned by Edwin B. Baker, III, Donald M. Carey, and Ruth E. Carey.
ADOPTED: JUNE 25, 2007
SETTING OF PROPERTY TAX RATE FOR FISCAL YEAR 2007/2008
The current property tax rate for the City of Dover is thirty-three cents ($0.33) per one hundred of assessed valuation. The proposed budget maintains the same rate for the upcoming tax billing.
Mr. Hogan moved to set the property tax rate at thirty-three cents ($0.33) per one hundred dollars of assessed valuation for the upcoming 2007/2008 property tax billing, seconded by Mr. Salters and carried by a unanimous roll call vote.
SETTING OF ELECTRIC UTILITY RATE FOR FISCAL YEAR 2007/2008
Staff has recommended setting a system-wide average electric rate increase of 9.75% for Fiscal Year 2007/2008, as presented in the draft budget.
Responding to Mr. Ruane, Mr. DePrima stated that in some instances, depending on the rate class and usage, it may be more or less than 9.75%.
Mr. McGlumphy stated that he felt strongly that if the transfer to the General Fund and some expenditures had been reduced, the increase could have been reduced.
Mr. Slavin moved for approval of staff’s recommendation, seconded by Mr. Carey and by a roll call vote of seven (7) yes and two (2) no (Mr. McGlumphy and Mr. Hogan).
SETTING OF KENT COUNTY SEWER ADJUSTMENT CHARGE FOR FISCAL YEAR 2007/2008
Kent County proposed an increase in the cost charged for treating sewer. Staff recommended a $2.34 Kent County Sewer Adjustment Charge to cover this expense for all billings on or after July 1, 2007.
Mr. DePrima advised members that this is a pass through charge for Kent County to treat the City’s wastewater. Mrs. Tieman, Senior City Administrator, advised members that the current charge is $2.13 per 1,000 gallons and the proposed charge is $2.34 per 1,000 gallons; an increase of 0.21 cents per 1,000 gallons. She noted that, except for a few industrial customers, the wastewater charges are based on the water meter reading.
Mr. Salters moved to set the Kent County Sewer Adjustment Charge at $2.34 per 1,000 gallons for all billings on or after July 1, 2007. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
DOWNTOWN DOVER BID - ASSESSMENT (TAX) RATE FOR FISCAL YEAR 2007-2008
In accordance with Appendix D, Article III, Section 9(f) of the Dover Code, City Council must adopt a Business Improvement District (BID) budget and assessment every year. Members were provided the FY 2007-2008 budget showing BID tax revenue and the expenses charged against that revenue, as well as the following tax calculation worksheet with recommended rates:
JULY 1, 2007 TO JUNE 30, 2008
|
|
ZONE 1 |
ZONE 2 |
ZONE 3 |
TOTAL |
|
Aggregate Assessments |
$32,561,600 |
$58,496,500 |
$29,621,700 |
$120,679,800 |
|
Assessment Tax Rate Per $100 Assessment |
0.0849 |
0.0362 |
0.015 |
--- |
|
Revenue Raised |
$27,645 |
$21,176 |
$4,443 |
$53,264 |
|
% Revenue Raised |
52% |
40% |
8% |
100% |
|
Number of Parcels |
122 |
113 |
49 |
284 |
|
Average Assessment |
$227 |
$187 |
$91 |
$188 |
Staff recommended approval of the Downtown Dover Business Improvement District (BID) - Assessment (Tax) Rate for FY 2007-2008 and adoption of the proposed budget ordinance.
Mr. DePrima noted that the BID funds are raised to support the redevelopment of the downtown area and the Main Street Program. Mr. Ruane noted that some of this expense is offset by a tax abatement program available to property owners within the Business Improvement District.
Mr. Carey moved for approval of the committee’s recommendation to approve the Downtown Dover Business Improvement District (BID) Assessment (Tax) Rate for FY 2007-2008 and adoption of the proposed budget ordinance, seconded by Mr. Salters and unanimously carried. (The Final Reading of the ordinance will take place during the latter part of the meeting).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JUNE 12, 2007
The Parks, Recreation, and Community Enhancement Committee met on June 12, 2007 with Chairwoman Russell presiding.
Report Examining the Cost Differential Between a Geothermal System and a Traditional Air-conditioning System - John W. Pitts Recreation Center
During their meeting of November 28, 2006, members reviewed bids with and without air-conditioning for the construction of the John W. Pitts Recreation Center. They then recommended that staff present a report examining the cost differential between a geothermal system and a traditional air-conditioning system.
Mr. Zachery Carter, Director of Parks and Recreation, reviewed the cost differential between a geothermal system and a traditional air-conditioning system for only the gymnasium area of the John W. Pitts Recreation Center. Responding to Mr. McGlumphy, Mr. Carter stated that the cost to install a geothermal system for the entire building would be approximately $760,000. Mr. Tony DePrima, City Manager, stated that he would provide Mrs. Russell with the payback savings information regarding utilizing a geothermal system for the entire building. He also noted that this project should qualify for funding from the State of Delaware Green Energy Program and approximately $100,000 had been reserved. Mr. Ruane suggested that Mr. DePrima and Mr. Carter explore the funding or cost sharing possibility available with the State of Delaware and provide a report back to members for review. Mrs. Russell noted that, during their meeting of June 29, 2007, Mr. DePrima stated that, to his knowledge, there are no state moneys that can be used by the City of Dover for this purpose. Mr. Ruane also suggested that a report be provided regarding the one hundred wells supporting a potential addition to the John W. Pitts Recreation Center.
The committee recommended acceptance of the report examining the cost differential between a geothermal system and a traditional air-conditioning system for the John W. Pitts Recreation Center, with the understanding that the concerns expressed by members will be addressed.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Introduction - New Library Director
Mr. DePrima introduced Mr. Richard Thau, new Director of the Dover Public Library.
Mr. Thau stated that he has been in the library field for approximately 25 years. He indicated that he has experience as a corporate, academic, and public librarian, most recently as the Library Director of the Pennsauken New Jersey Library. Mr. Thau noted that he also was an owner/operator of a commercial radio station. Mr. Thau is looking forward to bringing the City of Dover Library into the next phase of evolution and supports the concept of the library being a community/social center for all demographic groups.
Responding to Mr. Ruane, Mr. Thau indicated that he and the public library community are supportive of an alternative revenue enhancement, such as a $45.00 per household fee for a library card, as has been charged for those outside the municipality. He indicated that the fee is based on the size of the community, library, and the services that are offered.
Update - Puncheon Run Watershed Action Team Update
Mrs. Ann Marie Townshend, Director of Planning and Inspections, stated that the next Puncheon Run Watershed Action Team meeting will be held June 27, 2007 at 10:00 a.m. in the Caucus Room.
Mr. DePrima noted that an application to remove the riprap from the Puncheon Run stream bed had been submitted to DNREC. Once the required 30-day public notice indicating the work to be done is complete, the application will receive final approval. The notice, which begins this week, will be done by DNREC. He stated that the work, which will be done by City staff, should start by August or September of this year.
Update - John W. Pitts Recreation Center
Mr. Carter, Director of Parks and Recreation, advised members that a progress meeting was held earlier this morning and that the John W. Pitts Recreation Center Project is on schedule. The foundation should be completed, weather permitting, by the end of the week and the steel for the building has been ordered, with delivery in July. He stated that the last installment of the $100,000 contribution made by Dover Downs had been received.
Mr. McGlumphy suggested that an update on the funding for the John W. Pitts Recreation Center be provided during their next meeting.
Update - Planning and Funding for New Library
Mr. Carter advised members that Staff is providing information to the Kent County Administration regarding the reciprocal borrowing agreement. Responding to Mr. Ruane, Mr. Carter indicated that Delaware Code has been researched with regards to the possibility of the Library charging a fee to those located outside the municipality.
Mr. Carter stated that the vacancy notice for recruiting a project coordinator for the planning and funding efforts for a new library has been placed in the local newspaper and on the Website, with the vacancy being advertised to remain open until the position is filled.
Mr. DePrima reminded members that during the regular City Council meeting of February 12, 2007, Council approved staff’s recommendations to develop a new Library Committee to assist in the development of a comprehensive building program, the solicitation and hiring of a project coordinator, and authorizing the allocation of funding in the amount of $180,000.
Update - CDBG Program
Members reviewed the status report provided on the FY 2005 and FY 2006 Program Funds Spent for the Community Development Block Grant (CDBG) Program, which included no changes since the June 29, 2007 meeting. Mrs. Townshend indicated that the original CDBG allocation, in the amount of $298,798, not including the program income, had been approved by the Federal Government.
Mrs. Russell requested that a training session on the guidelines for the CDBG program be given to members.
Discussion - Revisions to Animal Control Ordinance
During their meeting of May 29, 2007, members further reviewed Chapter 18 - Animals, of the Dover Code and recommended that a Draft Version #4 be presented for review by the committee.
Mr. Ruane stated that there should be future discussion regarding the City of Dover receiving funds from the State of Delaware to be used for animal control enforcement within the city limits.
Sgt. Daniel McKeown, Dover Police Department, provided members with a copy of Pennsylvania’s Dog Laws. He indicated that the City of Wilmington spends approximately $300,000 to hire the SPCA on a yearly basis to handle the animal control issues within the city limits and that the Humane Society is only utilized for the storing of animals. Sgt. McKeown stated that the Department of Health does not keep a computer database of the animals that have received a rabies vaccination and advised members that approximately 16,000 registrations were sold last year. Mr. Thomas Postell, Division of Public Health Rabies Division stated that, beginning September 1, 2007, registration information is forwarded to the Department of Agriculture - Spay and Neuter Program to be entered into an accessible database program on a monthly basis. This program is funded by a $3.00 surcharge per rabies vaccination required by Law. Responding to Mr. Ruane, Mr. Postell noted that dog licenses are available online through DNREC and are quite frequently issued to commercial enterprises such as the SPCA, Concord Pet Centers, Wal-Mart, and Pet Smart Stores. Proof of current rabies vaccination is required in order to obtain a dog license. He stated that the City of Wilmington requires all dogs to be issued with a City of Wilmington license, not a State license, and all breeds that are identified as one of the dangerous breeds are required to be registered separately as such. Mr. Ruane expressed a concern regarding what City of Dover Department would handle the issuing of dog licenses for the City of Dover.
Officer Mark Moore, Animal Control Officer, stated that Mary Moore of the Kent County SPCA is interested in handling and receiving the revenue for the licensing of dogs for the City. Mr. Ruane suggested that he, Mrs. Russell, and Sgt. McKeown meet with the Kent County SPCA to discuss the licensing of dogs and possible split of revenue from the licensing of dogs and an update will be provided during the next committee meeting.
Members reviewed the City Solicitor’s opinion regarding an amendment to the City of Dover Code, Chapter 18 - Animals, Section 18-9 - Vicious Dogs and Animals - Generally, prohibiting convicted felons or citizens charged with a misdemeanor involving drugs from owning a dangerous dog, as listed on the dangerous breed list.
Responding to Mr. McGlumphy, Sgt. McKeown stated that Officer Moore has the tools to enforce that provision of the Code. He also suggested that the term “misdemeanor” be stricken from Section 18-9 Vicious Dogs and Animals - Generally.
Mr. McGlumphy indicated that it is easy to plea bargain to reduce a charge from a felony to a misdemeanor in the court system. Sgt. McKeown suggested that the term “drug” be stricken from Section 18-9 Vicious Dogs and Animals - Generally.
Sgt. McKeown suggested that the wording “person convicted of a felony crime of violence and/or a felony drug conviction” be used in Section 18-9 Vicious Dogs and Animals - Generally.
The committee recommended accepting Section 18-9, Vicious Dogs and Animals - Generally, as recommended by the City Solicitor, as amended to include the term “by person convicted of felony crime of violence and/or a felony drug conviction”, for inclusion in the draft version of Chapter 18 - Animals.
By consent agenda, Mr. Salters moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote.
MONTHLY REPORTS - MAY 2007
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Manager's Report
Planning and Inspections Report
Dover Fire Department Report
CIP Report
EVALUATION OF BIDS - PURCHASE OF TASERS
The Police Department is seeking approval to purchase 94 Tasers™ and associated equipment. This purchase will provide officers with an additional, less lethal tool to be used during the apprehension of violent, noncompliant and/or resisting offenders. The Tasers™ will add an additional step in the force continuum currently available to the officers prior to utilizing/deploying deadly force.
The purchase of the Tasers™ will enable officers to utilize/deploy the devices from a safe distance when an offender is actively resisting an officer. The Tasers™ shoot less lethal probes into the offender followed by an electrical charge (shock) which renders the offender incapacitated, thus allowing officer(s) to take them into custody without physically fighting the offender. The Tasers™ also have the ability to be deployed as a stun gun when the probe cartridge is removed and the Tasers™ is placed directly on the offender and deploying the electric charge (shock). The use of the Tasers™ has statistically reduced the number of injuries officers and offenders alike receive during violent confrontations.
The department has acquired grant funding to pay for these Tasers™ and the associated equipment. The funding, which has been approved, will pay for the Tasers™, holsters, training probes, regular probes and also the extended four (4) year warranty for a total of 5 years of warranty. With the funding already secured, staff will be able to purchase Tasers™ without any immediate impact upon the budget. There will be equipment costs in the future for cartridges and associated equipment.
On April 23, 2007, the Legislative, Finance, and Administration Committee recommended approval of a sole source contract with Lawmen Police Supply for Tasers™ in the amount of $104,540.85 to be paid through SLEAF, SALLE/EDIE, and grant funds. On May 14, 2007, Council deferred action on the recommendation due to receipt of a bid protest.
Mr. DePrima advised members that, due to the bid protest, the Taser™ purchase was reopened for bids and only one (1) vendor, Lawmen Police Supply for Tasers™ responded. Staff recommended approval of the contract with Lawmen Police Supply for Tasers™ in the amount of $104,094.35 to be paid through SLEAF, SALLE/EDIE, and grant funds.
Responding to Mr. Ruane, Chief Horvath stated that there are two (2) officers certified in the use of the Taser™. Every officer on the police force will be trained, certified, and re-certified as necessary.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BIDS - ENGINEERING SERVICES AND PROJECT MANAGEMENT FOR WATER AND WASTEWATER UTILITIES
The Water and Wastewater Utilities are continuously working on various system upgrades and capacity improvements to the infrastructure of both utilities. These projects take numerous hours of engineering design and analysis, in addition to project management. In the past, contracts for engineering services were awarded to individual firms on a project by project basis. In order to find firms capable of performing engineering and project management services in the appropriate areas for each utility, staff developed a general Engineering Services and Project Management request for proposals for Water and Wastewater Utilities. The firms which submitted proposals included Braun Engineering & Surveying; KCI Technologies Inc.; Becker Morgan Group, Inc.; Davis, Bowen & Friedel, Inc.; and George, Miles & Buhr, LLC.
Due to the type and volume of work to be performed, the Department's review