REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 14, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, Ms. Kristen Bennett (representing City Solicitor Rodriguez), Mrs. Green, 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.
Ms. Sophia R. Russell, 28 N. New Street, invited members to the Pride of Dover Elks Lodge, 217 N. Kirkwood Street, on April 2nd, from 1:00 p.m. to 4:00 p.m. for the Back to School Spring Phase to benefit the youth in the community. She stated that there are many activities to be enjoyed by all.
Mr. Eric O’Brien, 30 N. New Street, addressed members regarding the continuous New Street repeat violations. He continued reading the letter which he began last month and submitted additional notes providing specifics regarding the violations. Mr. O’Brien questioned why the City of Dover has not contacted officials at the State level in an attempt to address some of these problems. He provided copies of notes for submission to the Safety Advisory and Transportation Committee, as well as the Dover Human Relations Commission.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Williams requested the deletion of item #2 - Presentation to Councilman Salters, due to the absence of the presenter, Mrs. Rodriguez; and item #4 - State of the City Budget, explaining that it would be presented at the next meeting as a part of the Legislative, Finance, and Administration Committee’s Report. Mr. Pitts requested the deletion of items #6B - Discussion - Ideas of Mayor Speed for Neighborhood Improvements; and #6C - Community Report, from the Parks, Recreation, and Community Enhancement Committee Report.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Sadusky and unanimously carried.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 7, 2005
The Minutes of the Regular Council Meeting of March 7, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
PRESENTATION - CITY OF DOVER - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2003
Mayor Speed presented Mrs. Donna Mitchell, Finance Director/Treasurer with the Award for Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2003. He indicated that this is the City’s 19th Award, which is a reflection of the dedication and commitment of the department.
Mrs. Mitchell thanked members for the recognition and relayed appreciation to her staff, family, and her predecessor, Mr. Karia.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 7, 2005
The Legislative, Finance, and Administration Committee met on March 7, 2005 with Mr. Slavin presiding in the absence of Chairman Salters.
Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2004
In accordance with Section 46 of the City Charter, the City's financial books are audited by independent auditors each year. The Finance Director/Treasurer, Mrs. Mitchell, submitted the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2004. It was noted that all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company, whose opinion has been included in the report. The City has received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last 19 years.
During the committee meeting, Mrs. Mitchell gave a Power Point Presentation which highlighted the key points of this year’s CAFR.
Mr. Slavin moved for acceptance of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2004. The motion was seconded by Mr. Salters and unanimously carried.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 1, 2005
The Parks, Recreation, and Community Enhancement Committee met on March 1, 2005 with Chairman Pitts presiding.
Civic Center Update
Last year, at the request of the State Bond Bill Committee, the Delaware Civic Center Corporation commissioned C. H. Johnson to perform a Civic Center Economic Impact Study. Mayor Speed reviewed the information provided in the study. He stated that the proposed Civic Center, which would be located in the vicinity of Sam’s Club and Scarborough Road, is a partnership project between the Civic Center Association and Delaware State University. He also noted that no other Civic Center projects are being proposed in Delaware.
Mayor Speed noted that the City would benefit from the Civic Center being a significant water, electric, and sewer customer. Another positive impact from this project is an estimated 501 new jobs and approximately $20 million in associated personal income. Mayor Speed stated that the Legislature has not yet voted on the Bond Bill.
No further action was taken by Council.
City Clerk’s Office Note: It was noted that due to additional questions of Council regarding the committee’s recommendations on the Ideas of Mayor Speed for Neighborhood Improvements contained in the committee’s report, acceptance of the report was deferred until the next Council Meeting.
ANNUAL REPORT - PLANNING AND INSPECTIONS DEPARTMENT
By consent agenda, Mr. Carey moved for acceptance of the Annual Report of the Planning and Inspections Department (as on file in the Office of the City Clerk), seconded by Mr. Sadusky and carried by a unanimous roll call vote.
EVALUATION OF BID - PUNCHEON RUN INTERCEPTOR SEWER EXTENSION - ENGINEERING SERVICES AGREEMENT (DESIGN)
During the summer of 2004, the Department of Public Works issued a Request for Qualifications for water and wastewater engineering services. Based on the review of the submission from various engineering firms, staff requested a cost proposal from Pennoni Associates, Inc. to provide professional engineering services for the design of the Puncheon Run Sanitary Sewer Interceptor Extension. This project involves the planning and design of approximately 8,000 linear feet of a large diameter sanitary sewer interceptor line from the confluence of the branches of Puncheon Run, adjacent to New Burton Road, to Pump Station #34 on Hazlettville Road.
Staff proposed that Pennoni Associates, Inc. conduct topographic and aerial surveys of the area, apply for DNREC permitting, prepare easement documentation for acquisition of easements from DelDOT, design and detail the interceptor with associated improvements, prepare bid documents and attend two (2) design meetings with the City. Bidding and construction coordination services are not being requested at this time since construction of the improvements is not proposed to begin until after fiscal year 2006.
Staff recommended awarding the engineering services agreement to Pennoni Associates, Inc. in the amount of $150,000 to plan and design all improvements necessary to extend the Puncheon Run Interceptor Sewer in a westerly direction to the farthest extend possible.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
EVALUATION OF BID - WELLHEAD REDEVELOPMENT PROGRAM - ADDITIONAL WORK REQUEST
A.C. Shultes of Delaware, Inc. has completed the mechanical redevelopment and post development testing of Well #6, as requested by staff. Based on the test result and pump design confirmation by Liz Brown, P.G., the City’s consultant for the program, the contractor has proposed a new motor and pump assembly for Well #6.
Staff has anticipated some additional expenses related to the electrical system that have increased the overall cost estimate by $45,000. If approved, staff will install the items that are related to the additional expenses. Funding for the expenses will require an additional transfer from the water operating budget.
Staff recommended approval of the additional work request in the amount of $45,000 to include a new 100 hp VHS motor and pump assembly for Well #6 and authorization to expand the program scope and budget to include the referenced improvements for a total fiscal year 2005 program budget of $145,000, to be included in the mid-year review budget ordinance.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
HUMAN RELATIONS COMMISSION APPOINTMENTS - RECOMMENDATION OF COUNCIL PRESIDENT
Council President Williams submitted the following recommendations for appointments to the Human Relations Commission:
Mr. Gregory J. Bunkley - 3 Year Term to expire February 2008 (reappointment)
Dr. Phyllis Edamatsu - 3 Year Term to expire February 2008 (reappointment)
Ms. Prameela D. Kaza - 3 Year Term to expire February 2008 (reappointment)
Ms. Audrey Daniels - 3 Year Term to expire February 2008 (to fill expired term of Dr. Peter A. Oldziey)
By consent agenda, Mr. Carey moved for approval of the appointments as recommended by Council President Williams, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
HUMAN RELATIONS COMMISSION APPOINTMENT - RECOMMENDATION OF MAYOR SPEED
Mayor Speed recommended the reappointment of Mr. Roy Sudler, Jr. to the Human Relations Commission for a three (3) Year Term to expire February 2008.
By consent agenda, Mr. Carey moved for approval of the appointment as recommended by Mayor Speed, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of March 7, 2005.
Chapter 7 - Fire Prevention, Protection, Article I - In General, Section 7-7 - Sprinkler Requirements
Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Ritter and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 7 - Fire Prevention and Protection, Article I - In General, of the Dover Code be amended by creating a new Section 7-7, Sprinkler Requirements, as follows:
Sec. 7-7. Sprinkler Requirements
(a) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply:
(1)All new indoor places of assembly with an occupant load of 150 persons or greater.
(2)Any interior renovations of 50% or more to an existing place of assembly with an occupant load greater than 150 persons.
(3)Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater.
(b) Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply:
(1)All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises.
(2)Any interior renovation of 50% or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises.
(3)Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises.
(c) New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13.
(d) Three (3) feet of unobstructed clear width shall be designed, designated, and maintained around sprinkler risers for access by firefighters and for maintenance. The three (3) feet shall be measured from the outer most components of the sprinkler riser and all related support equipment.
ADOPTED: MARCH 14, 2005
COUNCIL MEMBERS COMMENTS
Council President Williams commended the City Chaplain, Reverend Wallace Dixon, who was recently presented with the AGAPE Award, which is a reflection of his commitment to family and community.
Mr. Salters extended an invitation to attend a fund raiser on March 18, 2005 at 7:00 p.m. to benefit the Inner City Cultural League and that those interested should contact him directly before 12:00 noon on March 15, 2005.
Mr. Salters indicated his opposition to a recent application submitted for the establishment of a liquor store/warehouse on the west side of downtown, in the area of Kirkwood Street.
Mr. Slavin relayed congratulations to the Delaware State University Men’s Basketball team, who will be playing Duke in the NCAA Tournament.
Referring to the application for a liquor store/warehouse previously mentioned by Mr. Salters, Mr. Ruane indicated that a public hearing is scheduled to be held before the Planning Commission on March 21, 2005 at 7:00 p.m. and urged the public to participate.
Mr. Salters moved for adjournment, seconded by Mr. Pitts, and unanimously carried.
Meeting Adjourned at 7:55 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 14, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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