REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 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, Ms. Russell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, 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.
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 as presented, seconded by Mr. Sadusky and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - COUNCIL RETREAT ON JANUARY 21, 2005
The Minutes of the Council Retreat of January 21, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 24, 2005
The Minutes of the Regular Council Meeting of January 24, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
PUBLIC HEARING - DISPOSAL OF LAND - HANSON HOUSE - 134 E. WATER STREET
During their Regular Meeting of January 24, 2005, members of Council scheduled a public hearing for this time and place to consider the disposal of City property located at 134 East Water Street, known as the Hanson House. As authorized by Council, the City Manager advertised the sale of the property in accordance with the City’s Procedure for Sale and Disposition of Real Property and solicited bids.
Council President Williams declared the public hearing open. There being no one present wishing to speak, the public hearing was closed.
Mr. DePrima indicated that three (3) proposals were received and that the details were provided to members during the executive session held earlier in the evening.
Mr. Salters moved to authorize the City Manager to negotiate the best possible deal for the disposal of property located at 134 East Water Street, known as the Hanson House. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - JANUARY 24, 2005
The Utility Committee met on January 24, 2005 with Chairman Carey presiding.
Revised Proposed Ordinance Amendments - Street Widths
During their Regular Meeting of December 13, 2004, members considered a proposed ordinance amendment to Appendix A - Land Subdivision Regulations, Article VI - Subdivision-General Requirements and Design Standards, Section A-Streets, Subsection 13. Mr. Galvin advised members that the Planning Commission recommended approval of the proposed amendments. After considerable discussion, the committee deferred action with the understanding that the revised ordinance would be provided to members at their next meeting for review in sufficient form after having been reviewed by all appropriate parties so that a final recommendation can be formulated and forwarded to Council later that evening.
Mr. Galvin stated that the proposed ordinance submitted to the committee on January 10, 2005, addressed the four primary concerns discussed during the December 13, 2004 meeting as follows: 1) changing the street designation from minor to local; 2) acknowledging and planning for a Local Commercial street; 3) adjusting turning radii requirements to meet the demands of emergency vehicles; and 4) provide an incentive for the creation of alleys in residential subdivisions.
The committee recommended approval of the ordinance amendments. (City Clerk’s Office Note: Since this is an amendment to the Land Subdivision Regulations, a public hearing was held on January 24, 2005).
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. (The Final Reading of the ordinance will take place during the latter part of the meeting).
Water Quality Evaluation Program & Consulting Services/CIP Amendment
The Department of Public Works has requested, received and evaluated a proposal from Black & Veatch to perform a Water Quality Evaluation for the City of Dover. The overall objective of the proposed work plan is to accurately identify the source of the brown water problems and propose solutions to minimize and eventually eliminate the problem. Staff requested an amendment to the Capital Investments Plan (CIP) that would allow staff to defer the Cast Iron Main Replacement/Lining Project and the Southeast Water Loop Project for one fiscal year. The funds originally set aside for this work would be used to fund the Water Quality Evaluation in the amount of $90,000 ($50,000 from the Cast Iron Main Replacement/Lining Project and $40,000 from the Southeast Water Loop Project). Design proposals were received from the consulting engineer in late 2004 for the Southeast Water Loop Project and that effort yielded a design proposal of $72,000, which exceeds the current year’s budget for the project. In addition, staff has not derived enough information to date to identify the segments of the water distribution system that are most in need of replacement and/or relining.
The Water Quality Evaluation will be segmented into three (3) specific tasks (data evaluation, testing and consulting) in addition to an allowance for on-call services. The highlights of the work will include a corrosion evaluation, coupon testing, lead/copper rule compliance, impact of pending regulations and a technical memorandum which will outline a rehabilitation/replacement program based upon generally accepted practices to prioritize rehabilitation to best manage the City’s distribution system assets.
Staff recommended approval of the requested amendment to the CIP to defer the Cast Iron Main Replacement/Lining Project and the Southeast Water Loop Project for one fiscal year to move forward with the Water Quality Evaluation and to authorize staff to execute the consulting agreement with Black & Veatch to perform the Water Quality Evaluation in the amount of $90,000.
The committee recommended approval of staff’s recommendation, with the understanding that the acceptance letter be provided to the utility lawyer for inclusion of his view of the implications of the existing contract.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 24, 2005
The Legislative, Finance, and Administration Committee met on January 24, 2005 with Chairman Salters presiding.
Revised Purchasing Policy
During their Regular Meeting of January 10, 2005, members considered proposed revisions to the City of Dover Purchasing Policy. Due to time constraints, further review of the Purchasing Policy was deferred.
Mr. Carey noted that the first sentence in Section 3.16 G had a typographical error and should be amended to read “Minority vendor preference shall be three percent (3%) of the value of the award.”
The committee recommended approval of the Revised Purchasing Policy, as amended the first sentence in Section 3.16 G to read “Minority vendor preference shall be three percent (3%) of the value of the award.”
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Amendments - Pay for Performance Policy
Mr. DePrima advised members that feedback received from department heads and Council members following last year’s pay-for-performance evaluations included suggestions on revising the evaluation to reduce the total size of the document by combining redundant areas and combining competencies. It was also suggested that an evaluation be developed specifically for Council appointed employees that better addresses their reporting relationship and accountability to Council.
As a result, staff developed two (2) revised evaluations to be used effective May 1, 2005. One evaluation was created for Council appointed employees and one for Non-Council appointed employees. Council appointed employees have additional bullets indicated within the competencies which refer to Council and the Mayor and their relationships with the appointees.
During the committee meeting, Mr. DePrima reviewed the changes made to the forms. Staff recommended approval of the changes in the pay-for-performance evaluations and core competencies to become effective May 1, 2005.
During the committee meeting, it was suggested that Part 4 be renamed “Employee’s Professional Development Plan” and for clarification, that the title of the section, “Major Unplanned Assignments and Result Achieved”, be renamed as “Additional Tasks Assigned and Results Achieved”.
The committee recommended approval of the amendments to the Pay for Performance Policy, as amended.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JANUARY 25, 2005
The Parks, Recreation, and Community Enhancement Committee met on January 25, 2005 with Chairman Pitts presiding.
Rojan Meadows - Open Space Plan
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
Rojan Meadows consists of approximately 39.27+/- acres of land, situated on the south side of North Little Creek Road, across from the SR-1 off ramp, west of State Route 1. Mr. Matthew Spong, Landscape Architectural Services, LLC, presented the Active Recreation Plan for Rojan Meadows, (as on file in the City Clerk’s Office). Ms. Dawn Melson, Senior Planner in the Planning and Inspections Department, reviewed the Open Space and Recreation Plan Summary. On the current plan, the volleyball area is located in Noise Zone B. Staff recommended that it be moved to Noise Zone A to comply with the Airport Environs Overlay Zone (AEOZ). Responding to Mr. Ruane, Ms. Melson advised members that the AEOZ states that “The establishment of active recreation area, such as game fields and play grounds, should be avoided in Noise Zones B through D”. Ms. Melson stated that the volleyball area is not required and eliminating it would be an option. During the committee meeting, it was noted that eliminating the volleyball area and moving the current proposed paths to the front or back of this same area would provide a larger open lawn area. Members relayed concerns that a crushed stone walking path would not be handicap accessible and felt that the walking path should be a hard surface.
The committee recommended acceptance of the Rojan Meadows Open Space Plan with the following modifications: 1) elimination of the volleyball area; 2) that the path be re-aligned to allow for maximum open space in the area; and 3) that the crushed stone path be changed to either asphalt or concrete to provide a firm surface for handicap accessibility, making it more usable in terms of less maintenance, etc.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and unanimously carried.
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 7, 2005
A Special Legislative, Finance, and Administration Committee meeting was held on February 7, 2005 with Chairman Salters presiding.
Reallocation of Community Development Block Grant Funds
In accordance with the Housing and Urban Development (HUD) 1.5 Timeliness Standard, the City must have a balance of funds less than 150% (1.5 times) of the annual CDBG Allocation 60 days before the end of the program year. The City’s total available CDBG funds as of January 11, 2005 were $580,292.34. The 2004 Entitlement allocation was $326,000 and the City may only have $489,000 in unexpended funds remaining at that time. At least $91,293.00 must be spent by April 30, 2005 to meet the 1.5 times threshold requirement. Failure to meet this standard may result in the City's formula-based entitlement award being reduced by the amount over the threshold.
The Community Development Advisory Committee (CDAC) met on January 11, 2005 to propose recommendations for the reallocation of Community Development Block Grant (CDBG) funds that were allocated to projects that had not progressed. These included the small business loan funds (Economic Development Loan '01 $14,316.99, Strategic Economic Development '02 $35,000 and Move in Move Up Loan '02 $45,000), the House of Pride assistance (Suitable Living Environment '04, $25,000) and First time homebuyer counseling funds (NCALL '01 $14,778.85). The committee recommended reallocating these funds for home repair assistance, first time homebuyer assistance and for the street projects.
Staff recommended the reallocation of funds, as recommended by the CDAC, as follows:
Funds allocated from NCALL homeownership counseling
to Homeownership assistance for first time homeowners $14,778.85
2004/05 Streets Project - Funds needed to complete South New Street $57,000.00
Housing Rehabilitation Program – To be used for projects on the
waiting list $62,316.99
Reallocation Total $134,095.84
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Special Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
BID - REMITTANCE PROCESSING SYSTEM
The City currently processes an average of 700 checks each day, which has increased approximately 20% over the last three (3) years. By automating this system, the City will avoid the need for hiring a part-time staff person and save in bank processing fees. The total savings is estimated at $700 per month. The Administrative Services Department solicited bids for a Remittance Processing System.
Mrs. Tieman, Administrative Services Director, advised members that in addition to the savings, this system would provide the City with an imaging system for our stub and check payments and include a check audit trail, check endorsement, check encoding, and one-pass functionality - transactions are imaged, scan lines read, MICR read, endorsed, encoded, sorted, and balanced after one pass on a remittance processor. These processes currently require additional steps to complete now. Mrs. Tieman stated that the system is compatible with our current HTE software and will upload payment information as payment batches are processed. She provided detailed information on the six (6) proposals received and recommended awarding the Remittance Processing System Contract to the third lowest bidder, Creditron, for an amount of $55,086.62.
Mr. Carey moved to award the Remittance Processing System Contract to Creditron, for an amount of $55,086.62, as recommended by staff. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote.
BID - INFORMATION TECHNOLOGY EMERGENCY PREPAREDNESS PLAN
The Information Technology Department uses numerous layers of hardware, software, and connectivity equipment to provide services utilized by all City departments on a daily basis. Should a disruption occur, a detailed focused functional IT Emergency Plan would allow them to quickly recover business continuity. Bids were solicited for the development of an Information Technology Emergency Preparedness Plan. The low bid was received frm LBL Techology Partners, a Division of Lurie Besikof Lapidus & Co., LLP Consulting Services, in the amount of $50,000, with an additional annual cost of $675 for software maintenance. Staff recommended awarding the contract to the low bidder, LBL Technology Partners, based on their price, experience with other municipalities, and methodology of disaster recovery.
Mr. Slavin moved to award the contract for the Information Technology Emergency Preparedness Plan to LBL Technology Partners for an amount of $50,000, as recommended by staff. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
BID - REQUEST TO PURCHASE MEDIUM DUTY TRUCK WITH 16' DUMP BODY
The Department of Public Works solicited bids for the purchase of a medium duty truck with 16' dump body. The low bid was received from Elliott Equipment Company, Easton, Maryland, for an International 4200 with Crysteel Body, at a cost of $57,535. Staff recommended awarding a purchase order to Elliott Equipment Co. in the amount of $57,535 for the purchase of one (1) Medium Duty Conventional Truck Cab/Chassis with 16' Dump Body.
Mr. Carey moved to issue a purchase order to Elliott Equipment Co. in the amount of $57,535, for the purchase of a Medium Duty Conventional Truck Cab/Chassis with 16' Dump Body, as recommended by staff. The motion was seconded by Mr. Sadusky and unanimously carried.
PROPOSED RESOLUTION - CREATION OF GARRISON TRACT COMMISSION
During the Council Retreat on January 21, 2005, Council President Williams suggested the need for the City to create a Garrison Tract Commission, which would have the objective of studying the marketing ability and feasibility of different development uses for the Garrison Farm. As a result, members were provided with a proposed Resolution that would formally establish the Garrison Tract Commission.
Mr. Salters moved for adoption of the Resolution and for the Council President to move forward with the appointments to the Commission, seconded by Mr. Sadusky.
Responding to Mr. Ritter, Council President Williams explained that it is her desire to avoid any political or financial interest in the property. Mr. Salters suggested that any member of Council can submit a recommendation to the Council President for her consideration.
Council President Williams assured members that there would be consultation with interested parties, such as the State of Delaware; however, there would be no representation of these entities serving on the commission.
The motion made by Mr. Salters, seconded by Mr. Sadusky, was carried by a unanimous roll call vote and Council adopted the following Resolution:
WHEREAS, in August 1999, at the request of the State of Delaware Economic Development Office, the City of Dover purchased 387 acres of property located on White Oak Road, known as the Garrison Farm; and
WHEREAS, the property was purchased specifically for economic development purposes for the City of Dover and, as such, was proposed as a high technology business park, which has not been successful thus far.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, HEREBY FORMALLY ESTABLISHES THE GARRISON TRACT COMMISSION, WHICH SHALL:
1.Serve as an ad-hoc committee to consist of six (6) to nine (9) members appointed by the Council President, who shall designate the chairman of the Garrison Tract Commission; the chairman shall be responsible for organizing and calling meetings as needed.
2.Have the objective of studying the marketing ability and feasibility of different development uses for the Garrison Farm and bring recommendations to the Mayor and Council for action.
3.Complete its work within six (6) months of organizing and shall submit a report to Council no later than September 1, 2005.
ADOPTED: FEBRUARY 14, 2005
FINAL READING - PROPOSED ORDINANCE
A public hearing was held during the Regular Council Meeting of January 24, 2005, at which time the First Reading was accomplished on proposed zoning text amendment to Appendix A - Land Subdivision Regulations, Article VI - Subdivision-General Requirements and Design Standards, Section A - Streets, Subsection 13.
Mr. Carey moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Sadusky and unanimously carried.
Responding to Mr. Ruane, Fire Chief Bashista assured members that the Fire Department is in full support of the proposed amendment and that it would not compromise public safety.
Mr. Hogan moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1) That Appendix A - Land Subdivision Regulations, Article III - Definitions, be amended by deleting Section G - Roadway in its entirety and inserting in lieu thereof the following:
G.Roadway: A paved street or alley primarily used for vehicular traffic. The roadway width shall be measured from the vertical face of the curb to the vertical face of the curb.
1. Arterial Street and Highway: Street primarily used for fast and/or heavy traffic.
2. Collector Street: Street carrying traffic from local streets to arterial streets and highways.
3. Local Street: Street primarily used for access to the abutting properties.
4. Marginal Access Street: Local streets paralleling and adjacent to an arterial street or highway, and providing access to abutting properties and protection from through traffic.
5. Dead-End Street (or cul-de-sac): Street closed at one end, and having only one connection with any other street.
6. Half Street: Street paralleling the boundary of a subdivision and lying partly in an abutting tract.
2) That Appendix A - Land Subdivision Regulations, Article VI - Subdivision-General Requirements and Design Standards, Section A - Streets, be amended by deleting paragraphs 12 and 13 in their entirety and inserting in lieu thereof the following:
12. Street right-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least twenty-five (25) feet. The required radius may be increased by the City Engineer if the increased radius is necessary for public safety.
13.Street right-of-way and Roadway shall be as shown on the official map or development plan and, if not shown thereon, said widths for the various street types, shall not be less than follows:
13.1 Right-of-Way and Roadway widths for the various street types, with no on-street parking, shall not be less than as follows:
Street Type Right-of-way Roadway
Arterial 80 to 110 feet 60 to 80 feet
Collector 60 feet 38 feet
Local for all residential areas 60 feet 24 feet
Local for Commercial areas 60 feet 26 feet
Cul-de-sac and Dead Ends 60 feet 24 feet
Marginal Access 60 feet 24 feet
Alley, one way 16 feet 12 feet
13.2 The minimum roadway widths provided in Section 13.1 are to be utilized on streets with no on-street parking.
13.3 In areas where off-street parking does not exceed that required in Appendix B and on all Local Commercial streets, roadway widths shall be increased by six (6) feet for parking to be allowed on one side of the roadway and by twelve (12) feet for parking to be allowed on both sides of the roadway. These street width requirements shall not be amended by any alternative street widths provided for in §13.4 or §13.5 of this section.
13.4 In areas where off-street parking does exceed that required in Appendix B, but on-street parking is necessary or desired, roadway widths shall be increased by four (4) feet for parking to be allowed on one side of the roadway and by ten (10) feet for parking to be allowed on both sides of the roadway.
13.5 In areas where off-street parking meets or exceeds that required in Appendix B and rear access alleys are provided for parking and access to garages, roadway widths shall be increased by two (2) feet for parking to be allowed on one side of the roadway and by eight (8) feet for parking to be allowed on both sides of the roadway.
13.6 Accommodations for off-street parking must exceed that required in Appendix B, Articles 3, 4, 5 or 6, as applicable to take advantage of the street widths allowed in §13.4 or §13.5 of this section. In residential subdivisions, off-street parking requirements must be increased by a minimum of one (1) space per lot. Only one (1) off-street parking space on a residential parcel for every three (3) proposed may be enclosed in a garage. Accommodations to increase off-street parking from that required may include but not be limited to: garage placement to allow for additional parking spaces between the front yard setback and the garage, alternate side driveway entrances staggered so that they are separated by at least twenty-five (25) feet, or other design alternatives or project densities specifically requested by the applicant and as approved by the Planning Commission.
13.7 The adequacy of the proposed roadway widths and parking provided must be approved by both the City Planner and the City Engineer. Under no circumstances shall a roadway other than that required for an alley, be less than twenty-four (24) feet.
13.8 All townhouses shall be provided with rear access alleys unless the Planning Commission finds that alleys are infeasible for the development or finds that the design of the townhouses precludes their suitability. The required alley right-of-way and roadway width may be increased at the discretion of the City Manager.
13.9 All streets with townhouses or other multiplexes greater than three units per structure shall have parking on at least one side of the street. Reduction in the required roadway width below the requirements of 13.3 of this section shall not be allowed.
ADOPTED: FEBRUARY 14, 2005
COUNCIL MEMBERS COMMENTS
Mr. Ruane relayed appreciation for the condolences expressed by Mayor, Council, and Staff on the recent loss of his mother.
Mr. Salters advised members that the 34th Annual Alpha Phi Alpha Gospel Festival will be held on Sunday, February 20, 2005, at 3:00 p.m., at the Humanities Building at Delaware State University. Praise and Worship begins at 2:00 p.m.
Mr. Carey moved for adjournment, seconded by Mr. Hogan and unanimously carried.
Meeting Adjourned at 7:56 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of February 14, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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