Regular City Council Meeting
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Aug 25, 2003 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on August 25, 2003 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.

Council staff members present were Captain Taraila, Mr. Cooper, Mrs. Mitchell, Ms. Melson, Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.

Mr. Robert M. Sadusky, Jr., 137 Brandywine Drive, stated that, as a citizen of the City of Dover, he had concerns with recent newspaper articles regarding the manner in which Council was operating and the conduct at some of the meetings. He firmly believed that Council should be working together as a unified body in order to conduct the business of the City.

Mr. Sadusky felt that the discussion of a full-time/part-time Mayor and the appointments to the Legislative and Finance Committee were out of order. He reminded members that a previous Council voted to make the Mayor’s position full-time and suggested that the matter should be reviewed further, prior to making any changes to the position.

Mr. Sadusky noted that he serves on many boards in numerous positions and the input of everyone involved is very important. He noted that when people are excluded it works against unification of that body. Mr. Sadusky felt that the utmost concern should be for the business of the City and battles should not be fought in the newspaper. It was his hope that Council would move forward and operate as a cohesive body in order to conduct the business of the City of Dover.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Ritter requested the postponement of item #4-B, Comptroller/Audit Review - Mayor’s Budget, until the meeting of September 8, 2003, to provide sufficient time for staff to provide the requested information. Mr. McGlumphy requested the addition of item #1-A, Certificate of Recognition - Meghan Adams - Delaware Women’s Golf Association Amateur Championship (Mayor Hutchison).

Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Speed and unanimously carried.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 11, 2003

The Minutes of the Special Council Meeting of August 11, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey, and bore the written approval of Mayor Hutchison.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 11, 2003

The Minutes of the Regular Council Meeting of August 11, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey, and bore the written approval of Mayor Hutchison.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 13, 2003

The Minutes of the Special Council Meeting of August 13, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey, and bore the written approval of Mayor Hutchison.

CERTIFICATE OF RECOGNITION - MEGHAN ADAMS - DELAWARE WOMEN’S GOLF ASSOCIATION AMATEUR CHAMPIONSHIP (MAYOR HUTCHISON)

The City Clerk read the following Certificate of Recognition into the record:

WHEREAS, Meghan Adams is a native of Dover, Delaware and played golf for four seasons at Dover High School, earning first-team all conference honors in 1999; and

WHEREAS, she played for two years at James Madison University before transferring to the University of North Carolina at Chapel Hill; and

WHEREAS, Ms. Adams graduated from the University of North Carolina on May 18; and

WHEREAS, this year the Tar Heels advanced to the NCAA regionals for the first time since 1996 and finished 13th in the NCAA tournament; and

WHEREAS, Ms. Adams competed at the Three Little Bakers Country Club for the Delaware Women's Golf Association Amateur Championship; and

WHEREAS, she earned a victory in the three-round event, defeating a two-time defending champion of the event.

NOW, THEREFORE I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, express my sincere congratulations to Meghan Adams for her outstanding achievements and wish her much success in all future endeavors.

On behalf of the City of Dover, Mayor Hutchison presented Ms. Adams with the Certificate of Recognition.

PARKS AND RECREATION COMMITTEE REPORT - AUGUST 11, 2003

The Parks and Recreation Committee met on August 11, 2003 with Chairman Pitts presiding.

Consideration of Request for Dog Park - Dr. Dahlia Wasfi

A request was received from Dr. Dahlia Wasfi, 286 Pine Valley Road, for a park to be located in the City of Dover specifically designated for dogs. Dr. Wasfi stated that a dog park is a designated safe, fenced area where dogs can legally be unleashed under the care of their owners. Unfortunately, all of the parks in the Dover area require dogs to be leashed at all times. She briefed members of the benefits, both to the owners and dogs, of having a dog park located in Dover, as well as the items/equipment necessary for a dog park. Dr. Wasfi indicated that she posted petitions at three (3) local veterinarian offices to determine if others shared her interest in a dog park; after six (6) days, over 80 signatures were obtained.

Several members felt that the request should be considered further; however, they expressed concern with costs, maintenance, and liability. Dr. Wasfi was requested to provide the addresses of the signers of the petitions so that it could be determined if City of Dover taxpayers were the ones interested. Members also suggested that, if Council should move forward with this concept, the City would need to inform the public and the surrounding neighbors of the plan for a dog park.

The committee recommend that Dr. Wasfi gather the petitions, to include addresses, to be brought back to the Committee within three (3) to (4) four months for further review.

By consent agenda, Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

By consent agenda, Mr. Speed moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote.

SAFETY ADVISORY COMMITTEE REPORT - AUGUST 11, 2003

The Safety Advisory Committee met on August 11, 2003 with Chairman Truitt presiding.

Proposed Ordinance Amendment - Chapter 14 - Offenses-Miscellaneous, Section 14-13 - Panhandling

During their Regular Meeting of July 14, 2003, members considered correspondence received from Mr. David Louie of 129 S. Governors Avenue (Harry Louie Laundry and Dry Cleaners) regarding pan handling on Loockerman Street.

Police Chief Horvath presented an ordinance which mirrors the existing State of Delaware Law, which can be found in Title 11 Section 1321(4). The ordinance would allow the City of Dover Police to issue a Dover City Ordinance summons to any violators that are witnessed panhandling without requiring a full custody arrest. This would allow the Police Department to focus on potentially more serious complaints. Chief Horvath explained that although he understood that many people did not want to spend time signing a warrant against a panhandler and further time testifying against them in court, he would not support an ordinance which would allow a police officer to arrest a person without witnessing the violation or without obtaining a signed affidavit from the complainant.

The committee recommended approval of the proposed ordinance amendment, as recommended by staff.

By consent agenda, Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

Proposed Ordinance Amendment - Combative Fighting Licenses - Prohibition of Extreme Violent Events

At the request of Council, City Solicitor Rodriguez previously provided members with a proposed ordinance amendment that would prohibit “Extreme Death Match Challenges” from taking place in the City of Dover; however, still allow legitimate professional fights.

Mr. Truitt indicated that several details (fee/licences fees) needed to be determined and included in the proposed ordinance amendment and requested staff to provide this information when the item was presented to Council during their Regular Meeting of August 25, 2003.

Mr. DePrima reminded members that the City Solicitor recently requested an ordinance to double the fines after a number of days if not paid. He also clarified that events sanctioned by the State of Delaware should not be affected by this proposed ordinance.

The committee recommended approval of the proposed ordinance, to include the following: 1) an exclusion for those sanctioned by the State of Delaware; 2) requiring promoters to provide bond money and; 3) to have staff provide the fines and licences fees, as recommended by staff.

Mr. Truitt referenced a memo dated August 21, 2003 from Mr. DePrima expressing his reservations regarding the combative fighting ordinance, as proposed. The memo stated that Mr. DePrima was concerned that the ordinance went beyond prohibiting objectionable combative fighting and would create a licensing law for all other types of combative fighting, with certain specific exclusions. Mr. DePrima proposed an amended ordinance that would prohibit the objectionable combative fighting without establishing another burdensome licensing regulation. The ordinance would be placed within a new section of Chapter 14, Offenses-Miscellaneous.

Mr. Carey moved for approval of the proposed ordinance, as amended by the City Manager. The motion was seconded by Mr. Salters.

Mr. Speed recommended deleting subsection (c) Exclusions since it pertained primarily to the licensing section and was no longer necessary. He also did not think it was their intent to exclude anybody from the prohibition, whether they be a university, secondary school, club, or wrestling organization. Mr. DePrima stated that he would support the elimination of subsection (c).

Mr. Speed moved to amend Mr. Carey’s motion to approve the proposed ordinance, as amended by the City Manager by deleting subsection (c). Exclusions, and reordering subsection (d). Violations; penalty as subsection (c). The motion failed for the lack of a second.

Mr. Ritter suggested that the amended ordinance be reviewed by the Safety Advisory Committee for a recommendation to Council. Mr. DePrima noted that the amended ordinance was not considered by the committee due to time constraints. It was his understanding that some of these matches may be upcoming and they wanted to have the ordinance in place. Mr. DePrima also noted that they would not want to pass an ordinance that would require further amendments.

Mr. Speed stated that he would be compelled to vote against the ordinance, feeling that the section pertaining to exclusions would provide too large a loophole. If the intent was to eliminate this type of activity, the exclusions should be eliminated. Mr. Ruane stated that he agreed with the elimination of exclusions (1) and (2); however, he felt that exclusion (3) should remain in order to avoid interference with the State’s jurisdiction.

Mr. Ruane moved to amend the motion to approve the proposed ordinance, as amended by the City Manager, by deleting paragraphs (1) and (2) of subsection (c). Exclusions. The motion was seconded by Mr. Carey and carried by a roll call vote of seven (7) yes and two (2) no (Mr. Pitts and Mr. Ritter).

The motion for approval of the proposed ordinance, as amended by the City Manager and further amended to delete paragraphs (1) and (2) of subsection (c) - Exclusions, was carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ritter).

Mr. Carey moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Speed and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT - AUGUST 11, 2003

The Legislative and Finance Committee met on August 11, 2003 with Chairman Speed presiding.

Public Discussion of the Public Administration Service (PAS) Study - Compensation and Classification Review (Item tabled during April 28, 2003 Meeting)

Council President McGlumphy presented his points of view of the Compensation and Classification Study.

Several questions were asked by members of Council regarding to the overtime pay related to the Police Department. Chief Horvath was requested to provide members of Council with a breakdown of the overtime.

Responding to Mr. Speed’s invitation for comments from the audience, Dr. Margaret McKay, 54 Rodney Road, suggested the following:

1.         Return to part-time Mayor system (put the issue to the voters by way of a referendum);

2.         City Council enforce its statutory responsibility as “guardians of the public purse”, pursue competitive bidding for all contracts, including those of City Auditor and City Attorney;

3.         Seek outside, truly independent, legal advice concerning the Mayor’s veto power and an independent auditor;

4.         City Council establish clear and unambiguous rules that determine which expenditures incurred by City staff (elected and appointed) are and are not allowable and those expenditures that are not allowable and should not be reimbursed.

The committee recommended acceptance of the PAS Compensation and Classification Review as presented.

By consent agenda, Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

Approval of Guidelines - Interim Policy for Mayor and Council Expenses

During the discussion of Mr. Ritter’s request for a Comptroller/Auditor Review of the Mayor’s budget, Mr. Ruane noted that it seemed that Council appeared to be ready for some interim guidance regarding allowable expenses. Referring to a memo dated October 30, 2000, outlining the current practice/guidelines related to expenditures that are permitted from City funds for Council members based on the benefit derived by the taxpayer, Mr. Ruane suggested adopting the memo as an interim guideline for both Mayor and Council.

The committee recommended the adoption, as an interim for the Mayor and Council, of the guidelines for approved expenditures indicated in the Memo dated October 30, 2000.

Mr. Ritter moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.

Mr. Speed moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Ritter and unanimously carried.

MONTHLY REPORTS - JULY 2003

By consent agenda, Mr. Speed moved for acceptance of the following monthly reports, seconded by Mr. Carey and carried by a unanimous roll call vote.

            Budget Report

            Chief of Police Report

City Assessor Report

City Clerk/Alderman Report (Fines)

            City Manager's Report

            Mayor's Report

            Planning and Inspections Report

            Robbins Hose Company No. 1 Report

Mr. Speed, referring to the Police Chief’s report, noted that Kevin Kober was promoted to the rank of Corporal and Jeffrey Melvin and Mickey Price were promoted to the rank of Patrolman First Class. He also noted that Captain Robert Hawkins of the Delaware State Police presented awards to Dover Officers for assisting the Delaware State Police. Mr. Speed requested Captain Taraila to relay Council’s congratulations to those officers.

Mr. McGlumphy requested Captain Taraila to relay his concerns regarding the year-to-date statistics in the report. He stated that he has noticed billboards that have been recently posted and requested Chief Horvath to compile statistical data on the crime rate in the area which either proves or disproves the claims presented on the billboards. Mr. McGlumphy noted that the information is presented in the Police Chief’s Annual Report. Mr. Speed requested a comparison with cities of a similar size.

Mr. Carey moved for acceptance of the Chief of Police Report, seconded by Mr. Speed and unanimously carried.

Appointments - Legislative and Finance Committee - Recommended by Council President McGlumphy

Council President McGlumphy recommended the following appointments to the Legislative and Finance Committee:

Stephen R. Speed, Chairman; Robert G. Ritter; William P. Truitt; Bruce T. Gorman (Recommended by the Council President); and Dana T. Shelton (recommended by the Chairman)

Mr. Speed moved for approval of the appointments, seconded by Mr. Pitts and carried by a unanimous roll call vote.

Mr. Salters stated that the Dover Charter clearly gives the Mayor the power of the veto. Regardless of the feelings of many Council members, this veto was ignored. Mr. Salters stated that business was conducted and many agenda items were approved since the Mayor’s veto. It was his belief that all of the actions taken by the Legislative and Finance Committee, and subsequently voted on by Council, were illegal.

Mr. Salters moved that all items approved by the Legislative and Finance Committee be referred back to the committee for review. The motion failed for lack of a second.

It was Mr. Rodriguez’s opinion that since the committee was only advisory in nature, the items would not require additional review. Mr. Salters stated that there was a problem with anyone on Council or in the City who feels that they can violate the Charter and walk away with no repercussions.

APPOINTMENT - RECOMMENDED BY MAYOR HUTCHISON - CITY OF DOVER ETHICS COMMISSION - ROBIN F. CASE (TO FILL THE UNEXPIRED TERM OF DOYLE OWEN) - TERM TO EXPIRE JULY 31, 2006

Mayor Hutchison requested the appointment of Robin F. Case to the City of Dover Ethics Commission to fill the unexpired term of Doyle Owen, to expire February 2006.

By consent agenda, Mr. Speed moved for approval of the appointment of Robin F. Case to the City of Dover Ethics Commission for a term to expire July 31, 2006, as recommended by Mayor Hutchison. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.

CONSIDERATION FOR APPROVAL OF BIDS

Proposed Contract with Delaware Parenting Association as Sole Vendor

For the past 13 years, the Delaware Department of Services for Children, Youth and Their Families (DDSCYF) has funded the City of Dover's Delaware Prevention Network (DPN) program. DPN was designed to educate Delaware youths and families about the harmful effects of alcohol, tobacco, and other drug abuse, teen pregnancy and violence. Last year the program served approximately 85 youths and their families. This program funding will end August 31, 2003.

As a replacement for the DPN program, the DDSCYF is offering $70,000 for FY 2003/04 for Dover to implement a specific science-based program known as Creating Lasting Family Connections (CLFC) which was written by Ted N. Strader, Council on Prevention and Education: Substances, Inc. (COPES), Louisville, Kentucky. This is a comprehensive family strengthening, substance abuse, and violence prevention curriculum that has scientifically demonstrated that youths and families in high-risk environments can be assisted to become strong, healthy, and supportive people. CLFC provides parents and children with strong defenses against environmental risk factors by teaching appropriate skills for personal growth, family enhancement, and interpersonal communication, including refusal skills for both parents and youths. This program is designed to serve youths, ages 9 to 15, and their parents within "at- risk" populations. By focusing on at-risk youths and their parents, this program seeks to serve youths who are predominately underserved by traditional school-based prevention programs.

Under the state contract proposal, all program staff are required to obtain facilitator certification through completion of the official CLFC model training. Staff would not be permitted to conduct parent or youth groups until certification was established. The contract would require the CLFC to serve 15 to 20 youths and their families over a 20-week period, allowing two sessions during the contract year. To meet the obligations, a September 1, 2003 start is required.

The City had two options for implementation. The first was to hire, train, and implement its own CLFC program. The second was to subcontract the program to an existing CLFC program. The only certified CLFC organization in Delaware is the Delaware Parenting Association (DPA), based in Dover. Therefore, it would be the sole vendor for this service. The DPA comes with a great reputation and is highly recommended by the DDSCYF. The DPA has been implementing the Creating Lasting Family Connections program for approximately four years.

After considering the two options, it was believed that contracting the service to an experienced provider would be much more superior to operating the program in house as a new start-up program. In addition, the contract requirements to start by September 1, 2003 would be impossible for the City to meet if new staff had to be hired. Funding for this program would come through the DDSCYF grant.

Staff recommended entering into a contract to implement and operate the Creating Lasting Family Connections program, in accordance with State of Delaware program guidelines, in an amount not to exceed $70,000 with Delaware Parents Association. At the end of the first year staff will evaluate the program to determine if the City will continue contracting with the DPA to implement the program. The contract period will be September 3, 2003 - June 4, 2004.

Responding to Mr. Ruane, Mr. DePrima stated that the program would be contracted out and Ms. Sherwanda Rachal of the Parks and Recreation Department would monitor the contract. He noted that contract monitoring is a part of Ms. Rachal’s job description and she is certified for this program.

Mr. Salters moved for approval of the contract to implement and operate the Creating Lasting Family Connections program in accordance with State of Delaware program guidelines in an amount not to exceed $70,000 with Delaware Parents Association. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.

Puncheon Run Motor Control and Pump Replacement - Engineering Services Agreement (Design Phase)

The FY 2003 Operating Budget for the Public Works Wastewater Management Division included a project to upgrade the existing Puncheon Run Pumping Station. The Wastewater Master Plan Technical Documents identified the following improvements as necessary to upgrade the station to current operating conditions and standards: pump and motor replacement, variable frequency drives, SCADA modifications, 2-ton bridge crane, pump around facilities and miscellaneous building improvements. This pumping station was constructed in 1984. The Department of Public Works prepared a Request for Qualifications (RFQ) to provide engineering design services for several wastewater projects. The RFQ was publically advertised and eleven (11) engineering firms submitted their qualifications for review. Staff short-listed three (3) firms for the interview process as follows:

                        Davis, Bowen and Friedel, Inc.                      Milford, DE

Whitman, Requardt and Associates, LLPBaltimore, MD

Pennoni Associates, Inc.Wilmington, DE

During the interview, Whitman, Requardt and Associates, LLP (WR&A) gave a detailed description of the technical approach they plan to implement for the proposed project. In addition, the staff members from WR&A who made the presentation would comprise the project team for WR&A. WR&A has extensive experience with this type of project and provided a detailed list of successful projects. Based on the interview and an extensive negotiation process, staff recommended entering into an engineering services agreement with WR&A for design services related to the Puncheon Run Motor Control and Pump Replacement project. WR&A has outlined the following scope of work on which they based their proposal:

1.Replacement of existing resister bank variable speed controllers with variable frequency drives. Variable frequency drives will be 18 pulse units with by-pass constant speed starters.

2.Replacement of pumps, shafts and motors with dry pit submersible pumps of the same capacity.

3.Replacement of the motor control center and control systems.

4.Modifications to existing SCADA.

5.Perform hydraulic analysis of City and County force main system interconnection to determine pump hydraulics.

6.Increase the capacity of the 2-ton bridge crane to handle the heavier dry pit submersible pumps.

7.Design of a pump around facility.

The estimated fee for the proposed scope of work is as follows:

Part 1 - Preliminary Engineering, Station Evaluation and

                                    Project Management Plan                                                      $28,278

            Part 2 - Final Design of Improvements                                                           99,319

            Part 3 - Permits                                                                                                     258

            Part 4 - Bidding and Award                                                                          5,644

TOTAL$133,499

The Department of Public Works identified WR&A as the preferred firm for this project and negotiated the referenced fees as fair and reasonable compensation for the work.

This project was originally programmed for FY 2002 ($250,000). Both the design and construction of these improvements were supposed to be completed in FY 2003; however, due to time constraints the project was reprogrammed during the budget process. The channel grinder was completed as a separate project based on necessity in FY 2003. The project budget was increased from $215,000 in FY 2003 to $350,000 in FY 2004 as a result of more detailed scoping. The funding for the design and construction of the improvements is identified on page 129 of the 2004 Draft Operating Budget in the amount of $350,000. All funds related to the design and construction of the project are included in the Construction - Purchase line item (Account # 417-6900-569-40.31). All design work will be completed approximately 4 ½ months after commencement of the work. Due to the proposed length of the design and bidding phase of the current project, the construction of the proposed improvements (currently estimated to last 9 months) will begin in late FY 2004 and continue into FY 2005. This will require an increase to this division’s capital budget, as well as a change to the project completion date, once the construction phase of the project is reached.

Staff recommended the award of an engineering services agreement to Whitman, Requardt and Associates, LLP for preliminary engineering, final design, permitting and bidding services related to the Puncheon Run Motor Control and Pump Replacement Project. The agreement will be completed for a not-to-exceed price of $133,499.

Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

Garrison Oak Pump Station and Force Main - Engineering Services Agreement (Design Phase)

The FY 2004 Draft Operating Budget for the Public Works Wastewater Management Division included a project to design and eventually construct a new City of Dover sanitary sewer pumping station to be located on the Garrison Farm. Due to time constraints, the design phase of the proposed project originally proposed for FY 2003 was moved to FY 2004. The new Garrison Oak Pumping Station and Force Main will serve the existing Persimmon Park Place, Persimmon Tree Apartments, the new Wild Meadows subdivision, and the Garrison Oak Technology Park. The estimated build-out capacity of the new station will be 1 MGD average flow with an initial average flow in the 0.3 to 0.4 MGD range. The Department of Public Works prepared a request for qualifications (RFQ) to provide engineering design services for several wastewater projects. The RFQ was publically advertised and eleven (11) engineering firms submitted their qualifications for review. Staff short-listed three (3) firms for the interview process as follows:

Davis, Bowen and Friedel, Inc.Milford, DE

Whitman, Requardt and Associates, LLPBaltimore, MD

Pennoni Associates, Inc.Wilmington, DE

During the interview, Whitman, Requardt and Associates, LLP (WR&A) gave a detailed description of the technical approach they plan to implement for the proposed project. In addition, the staff members from WR&A who made the presentation would comprise the project team for WR&A. WR&A has extensive experience with this type of project and provided a detailed list of successful projects which have been completed. Based on the interview and an extensive negotiation process, the Department of Public Works is recommending entering into an engineering services agreement with WR&A for design services related to the Garrison Oak Pumping Station and Force Main Project. WR&A has outlined the following scope of work on which they based their proposal:

1.Projected flows for the 20-year planning period will be calculated based on the City’s Comprehensive Plan and Annexation Study as well as build-out scenarios for the Garrison Farm.

2.These flows will be used to create a preliminary engineering report for the new service area, and the report will be submitted to DNREC.

3.The station to be constructed for the initial flows in this service area will be a suction lift type station.

4.A force main of approximately 5,500 feet will be designed to terminate into the existing 18" diameter gravity sanitary sewer on Old Leipsic Road.

5.The station will have a standby generator housed in a weatherproof enclosure.

6.A SCADA system will be designed and installed at the new station.

7.The force main crossing of Route 1 will be coordinated with DelDOT.

The estimated fee for the proposed scope of work is as follows:

            Part 1 - Preliminary Engineering, Facility Evaluation and

                                    Project Management Plan                                                      $26,283

            Part 2 - Final Design of Improvements                                                         126,623

            Part 3 - Permits                                                                                                10,215

            Part 4 - Bidding and Award                                                                          4,755

            TOTAL                                                                                                       $167,876

The Department of Public Works identified WR&A as the preferred engineering consultant for this project and negotiated the referenced fees as fair and reasonable compensation for the work.

The City of Dover received a grant from the State of Delaware in the amount of $500,000 for utility planning related to the Garrison Oak Technology Park. The 2003 Annual Operating Budget identified $80,000 for the design phase of the project to be funded through the grant. The funding for the design phase of the current project is included on page 129 of the 2004 Draft Operating Budget in the amount of $170,000. All funds related to the design of this project are included in the Construction - Purchase line item (Account # 417-6900-569-40.31) on page 129 of the 2004 Draft Operating Budget. The proposed funding source for the design phase should reflect a use of $170,000 of the $500,000 grant.

All design work will be completed approximately five (5) months after commencement of the work. A construction estimate and schedule will be a component of the design phase.

Staff recommended the award of an engineering services agreement to Whitman, Requardt and Associates, LLP for preliminary engineering, final design, permitting and bidding services related to the Garrison Oak Pumping Station and Force Main Project. The agreement will be completed for a not-to-exceed price of $167,876.

Referring to the grant from the State of Delaware in the amount of $500,000 for utility planning related to the Garrison Oak Technology Park, Mr. Ruane suggested that the City Manager request additional funding assistance from the State, since the original estimated amount has almost doubled.

Responding to Mr. Truitt, Mr. Koenig stated that the original Persimmon Park Place plan included a pump station at a different location. He indicated that, as they move closer to construction, staff would be approaching the developer of Wild Meadows to construct Phase I of the proposed station as specified in the cost sharing agreement. Mr. Koenig noted that the developer would have had to build a pump station to serve the subdivision and the City would anticipate an equivalent value from the original construction plans.

Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.

THE DOVER PLAN: DRAFT 2003 COMPREHENSIVE PLAN UPDATE - “FROM THE PEOPLE - FOR THE PEOPLE” 2003-2008 (Notification of Public Hearing Before Planning Commission on September 16, 2003 and That a Public Hearing Before City Council Be Held on September 22, 2003)

Responding to Mr. Speed, Ms. Melson stated that the public comments, as well as comments from other agencies, have been incorporated into the document currently being considered. She noted that the document is available in the Planning Department, the Dover Public Library, and on the City’s website for additional public review. Ms. Melson stated that Certification by the State is anticipated in late September or early October.

In response to Mr. Ruane, Ms. Melson stated that a consultant is currently working on an annexation plan; however, the City will move forward with the adoption of the Comprehensive Plan Update. Once the consultant completes the chapter that focuses on annexation, the Plan will be updated. Ms. Melson noted that the work being performed by the consultant goes beyond what is actually required by the State for certification. She stated that the adoption of the Comprehensive Plan Update would permit the City to move forward with annexing property. Mr. Ruane stated that it was his understanding that the City was not going to annex property until it could be justified by the cost benefit analysis tool being provided by the consultant. Ms. Melson stated, prior to a parcel being annexed, staff must complete a Plan of Services document, which provides information about the water, sewer, and other utility type services to the parcel being proposed for annexation and the capacity of the City to serve that parcel.

Mr. Salters moved to set a public hearing before City Council, to be held September 22, 2003 at 7:30 p.m. The motion was seconded by Mr. Carey and unanimously carried

Agendas