REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 14, 2009 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey.
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. McGiffin moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
Mr. Hogan requested that item #5C, Request of Dover Human Relations Commission to Remove Requirement that Members Resign Prior to Running for Other Office, be removed from the Consent Agenda.
Mr. Salters moved for approval of the Consent Agenda, as amended, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 23, 2009
The Minutes of the Regular Council Meeting of November 23, 2009 were unanimously approved by motion of Mr. Salters, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.
PRESENTATION - ANNUAL REPORT OF THE DOWNTOWN DOVER PARTNERSHIP
Downtown Dover Partnership members Mr. Gary Patterson (President), Mr. Gregg Moore, Ms. Laura Simmons (Design Committee Chair), Mr. Gerri Street (Economic Development & Restructuring Committee Chair), Mr. Tom Smith (Parking Committee Chair), Ms. Robin Coventry, and Dr. William Johnston (Vice President) each provided a portion of the Presentation of the Annual Report of the Downtown Dover Partnership (Exhibit #1). At the conclusion of the presentation, the Partnerships marketing video was provided.
Mr. Salters moved for acceptance of the report, seconded by Mr. Hogan and unanimously carried.
PROPOSED RESOLUTION NO. 2009-23 - PROPOSING ADOPTION OF A LOCAL SERVICE FUNCTION BUDGET FOR KENT COUNTY
During the Council Workshop of December 7, 2009, members were provided a presentation on the Local Service Function Budget concept for Kent County. In an effort to move forward with the pursuit of a Local Service Function Budget for Kent County, Resolution No. 2009-23 was presented for Council’s consideration, as read into the record by the City Clerk.
Mr. McGiffin stated that for a City resident to pay County taxes for services that they cannot benefit from due to their City residency appears to be unjust and warrants remediation; however, he stated that he is hard pressed to identify much in the way of these types of services. Mr. McGiffin noted that City residents probably do not directly benefit from County Code enforcement or animal control; however, he felt that he benefitted from his County tax dollars because he has an interest in emergency medical services and planning, and he feels a responsibility to pay for those services as a member of the Kent County community. Mr. McGiffin advised members that he could possibly be persuaded otherwise if numbers supporting the theory were provided.
Mr. McGiffin stated that there were remarkable differences between New Castle County and Kent County, such as New Castle County’s Police Department. He also noted that the character of the two counties is very different.
Mr. Hogan moved to suspend the rules to allow public input on the matter, seconded by Mr. Slavin and unanimously carried.
Mr. N. C. Vasuki, 235 Carnoustie Road, stated that we all pay taxes to different levels of government and we all look for equity in taxes and services. He noted that the inequity is growing, and the last County tax increase made no sense to property owners in the City of Dover. According to the County’s FY 2008 Audit Report, the County has a lot of money set aside and collects 27% from City residents, yet they were unwilling to assist the City with the Library project. Mr. Vasuki stated that the City and the County have cooperated in the past with projects, such as the sewer system and the paramedic service.
Mr. Vasuki stated that residents need to question what they are paying taxes for, how is it being spent, what does the future hold, and what are they getting for their money.
Mr. Ron Smith, 252 Carnoustie Road, stated that this issue dates back to the mid 1960's when New Castle County had the original law passed by the General Assembly. He noted that, at that time, New Castle County needed their chapter of the Delaware Code re-written to change their form of government from a Levy Court system to a Council form of government with an executive, and they needed the support of Wilmington, Newark, and other towns to have the legislation passed; therefore, they traded off by supporting the Local Service Function Budget.
Mr. Smith noted that, looking at the County’s budget, it is difficult to determine where the property tax, which represents 1/3 of their stream of revenue, is actually being used to subsidize an issue or if the departments are being funded by user fees. He noted that, in some years, the Building and Inspections Department has been funded 100% through user fees. Clearly, not all property taxes are being used to operate; however, there are inequities and, if the towns could come together and the numbers could be determined with some precision, there could be a change of as much as a five (5) cent difference in the property tax. It was his feeling that there never has been and never would be support from the County with regard to this issue.
Mr. Smith stated that the County is required to assess properties in order to assess the school tax. The City chooses to reassess and could avoid the duplication if it desired to.
Mr. Smith noted that similar State Legislation has passed in the House of Representatives as many as five (5) times but has never passed in the Senate. Responding to Mr. Salters, Mr. Smith stated that several key legislators represent the unincorporated areas in the County and they control the process. He believes that, until they are willing to address the issue, it will not pass in the Senate.
Mr. Steve Artz stated that he owns three (3) properties and he pays County taxes on all of them and City taxes on two (2). He feels that, personally, it would be beneficial to lower the City taxes; however, from a business standpoint, he would prefer that the City and County not argue over the issue because of the effect that it has on businesses locating and remaining within the City.
Mr. Ruane suggested that this issue not be viewed in terms of cents but rather in terms of inequity. He clarified that the tax reduction would be more than a few cents for the average home and more for commercial properties. Mr. Ruane stated that the Local Service Function Budget is not unique to Delaware.
Mr. Hogan moved to table the matter until meetings are held with each municipality in Kent County and actual numbers are determined, seconded by Mr. Leary.
Mr. Slavin stated that, although he valued the dialogue that could occur with other municipalities, he felt that it would be impossible to bring ten (10) different municipalities together on the issue when they cannot even get an audience with the County government. He noted that it is not a matter of dollars, it is a matter of justice.
The motion to table failed by a roll call vote of six (6) no, and three (3) yes (Mrs. Russell, Mr. McGiffin, and Mr. Hogan).
By motion of Mr. Ruane, seconded by Mr. Slavin, Council adopted Resolution No. 2009-23 by a roll call vote of seven (7) yes, and two (2) no (Mrs. Russell and Mr. McGiffin), as follows:
A RESOLUTION PROPOSING ADOPTION OF A LOCAL SERVICE FUNCTION BUDGET FOR KENT COUNTY
WHEREAS, the City of Dover provides many local service functions to its residents that are duplicated by Kent County; such as, planning, zoning, engineering, assessments, mapping, code enforcement, parks and recreation, and library; and
WHEREAS, the City of Dover also provides many other local service functions to its residents not furnished by Kent County, such as police protection, fire protection, licensing, street maintenance, street cleaning, street lighting, snow removal, trash collection, and ambulance services; and
WHEREAS, these local service functions provided by the City of Dover are largely financed by taxation of real property within the corporate limits of the City of Dover and WHEREAS, Kent County also assesses and collects real property taxes from property owners of the City of Dover without offering relief from county taxation for local service functions provided by the City of Dover which are financed by the same taxpayers; and
WHEREAS, double taxation of property owners in the City of Dover for the same or similar functions is inequitable and unjust and the City of Dover has sought to have the Levy Court of Kent County give recognition to the local services concept and give tax relief to residents of Dover and other incorporated municipalities that provide local services; and
WHEREAS, the General Assembly of the State of Delaware has granted New Castle County local service function legislation that provides relief to taxpayers of municipalities where local service functions are furnished; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a bill be prepared for introduction in the State Legislature authorizing and directing Kent County to prepare its annual budgets in accordance with the Local Services Function Concept.
2. That our State Senators and Representatives be requested to sponsor and support the passage of such legislation.
3. That the Levy Court of Kent County and all incorporated municipalities in the county be furnished a copy of this Resolution.
4. That the Levy Court of Kent County and all incorporated municipalities in the county be requested to support the passage and approval of such legislation.
ADOPTED: DECEMBER 14, 2009
UTILITY COMMITTEE REPORT - NOVEMBER 23, 2009
The Utility Committee met on November 23, 2009 with Chairman Ruane presiding.
Water/Wastewater Alternative Forecasts - Combined Revenues and Capital Improvement Projects (CIP)
Mrs. Mitchell, Controller/Treasurer, reminded members that during their meeting of June 1, 2009, members were provided a review of the 5-Year Financial Forecast for the Water/Wastewater Fund. At that time, she had provided members with “Alternative Forecasts - Combined Revenues and CIP” developed by staff; however, due to time constraints, it was requested that the alternatives be presented to the committee at a future meeting to allow for further discussion and consideration.
Mrs. Mitchell stated that the Updated Forecast was as of November 23, 2009 and noted that the original FY 2009 actual amounts have been included rather than the budgeted amounts for FY2009. She briefly reviewed and explained the Updated Forecasts. Mrs. Mitchell provided members with Table 7 of the CIP - 05/13/2009 with 20 Year Bonds and indicated that the orange highlights represent those projects that are funded either by the revolving fund loan with the State of Delaware or the City’s Bond Issue. All projects not highlighted are “PayGo” Projects (“pay as you go”), which are paid for by the transfers from the Improvement & Extension Fund. The blue highlights represent those projects that are funded through State grants.
Noting that the financial forecast is based on all remaining projects included in the CIP, Mr. Ruane suggested that members first determine if any of the projects should be deleted or deferred.
The Committee recommended that staff continue to move forward with the Capital Improvement Projects for the Water/Wastewater Fund as presented for the period 2010 through 2014.
The Committee recommended acceptance of the projected rates for Fiscal Years 2011-2014 as a planning tool for the City’s budget process.
By consent agenda, Mr. Salters moved for approval of the Committee's recommendations, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
PACE/NAES Monthly Report (September)
Members were provided the PACE/NAES Monthly Report for September. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions.
The Committee recommended acceptance of the report.
By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 23, 2009
The Legislative, Finance, and Administration Committee met on November 23, 2009 with Chairman McGlumphy presiding.
Review and Recommendation - Filling of Critical Positions
During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed.
Librarian II
Mr. Anthony DePrima, City Manager, reviewed the request to recruit for a Librarian II - Head of Adult Services position. He noted that, should an in-house candidate (Librarian I) be promoted to Librarian II, staff requested authorization to fill a Librarian I position. He noted that several positions within the Library are currently vacant, including the Assistant Library Director, and rather than filling those positions, Mr. DePrima explained how library services have been affected as a result of the vacancies and the need for the Librarian II position.
The Committee recommended that staff be permitted to fill the position of Librarian II.
By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
MAG Overview of Recommendations (Tabled by Committee on November 9, 2009 Due to Time Constraints)
Mr. Anthony DePrima, City Manager, reminded members that during the committee meeting of November 9, 2009, members reviewed a revised version of Exhibit #5 from the MAG Study. Previous to this, members had been reviewing recommendations contained in Exhibit #1. At this time, he requested that the Human Resources Director continue reviewing the recommendations.
Mrs. Kim Hawkins, Human Resources Director, referred to Exhibit #1 and noted that Recommendation #12 is the next item to be reviewed by members. Responding to Mr. Salters, Mr. DePrima explained that, although members have already conducted a total review of Exhibit #1, department heads have since made comments or suggestions which are being presented for the committee’s review at this time.
Mr. Ruane noted that Recommendations #3 and #17 may be conflicting. He indicated his support for requiring quarterly reviews and explained the necessity and obligation of supervisors in this regard. Responding, Mr. DePrima stated that Recommendation #17 would be updated to reflect Recommendation #3. It was his opinion that when presented to Council, Recommendation #3 would be modified to reflect a requirement for quarterly reviews when poor performance of an employee is a concern.
Dr. Jones suggested that if an employee is not performing and may be in danger of disciplinary action, whatever is expected of the employee should be clearly communicated and signed by all involved parties so that there is no question later if disciplinary action is taken. Mr. DePrima assured members that there are procedures for communicating the expectations of employees prior to taking disciplinary action. Mr. Salters suggested that there be a note included in Recommendation #3 to reflect the requirement of providing an employee an improvement plan.
Mr. McGlumphy referred to the PFP 2004-2008 Distribution Chart provided to members and noted that the majority of employees obtain a “commendable” score.
In response to a request of Mr. McGlumphy, Mr. DePrima stated that he would obtain information regarding supervisors who have not completed evaluations for their employees.
Mr. McGlumphy relayed his concern with the manner in which positions are evaluated and scored, and how certain points are assigned to grade positions, noting that MAG utilizes a “positional factor analysis”.
Responding to Mr. McGlumphy, Mr. DePrima suggested that the document be forwarded to Council for adoption. It was his opinion that the document will allow the City to get back on track and that the employees will appreciate this opportunity.
Mr. McGlumphy requested that staff schedule meetings to discuss the document with employees to assure their understanding and provide them the opportunity to comment before its presentation to Council. He requested that the City Clerk send out notices of the meetings that have been scheduled to allow for employees to comment on issues of concerns to Council.
The Committee recommended tabling the matter until the meetings have been held with employees.
By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
Request of Dover Human Relations Commission to Remove Requirement that Members Resign Prior to Running for Other Office
Members were provided a request of the Dover Human Relations Commission (DHRC) to consider removing the requirement that members of the Commission resign prior to running for other office (in accordance with Section 58-32(d) of the Dover Code).
At the request of Mr. McGlumphy, Mrs. McDowell, City Clerk, read into the record an email from Dr. Sam Hoff, Chair of the Human Relations Commission, dated November 23, 2009. In addition, Mrs. McDowell read into the record an email from Mr. Steve Artz, dated November 23, 2009.
Mr. Leary and Mr. Hogan indicated their objections to the request and suggested the possibility of instituting this requirement for all committees and commissions of the City of Dover.
Mr. Ruane indicated his involvement with the creation of the Dover Human Relations Commission and his understanding that at the time, it was felt that the members of the DHRC would be involved in very sensitive mediation roles and areas of confidentiality in terms of complaints. It was felt that once an individual inserts themselves into an election process, they begin to “serve two masters”, and are worried about constituents, votes, etc. He stated that the thought was that such a situation could impair a members objectivity and/or present a notion of conflict. He also indicated his objection to the request.
The Committee recommended denial of the request of the DHRC to remove the requirement that members resign prior to running for other office.
Mr. Hogan moved to suspend the rules to allow public input on this issue, seconded by Mr. Leary and carried with Mr. Leary voting no.
Dr. Sam Hoff, 813 Maple Parkway, stated that 50 members in the last eight (8) years have volunteered their services and, of them, only two (2) have had to step down due to candidacy for office. He noted that anytime someone steps down it impacts the Commission.
Dr. Hoff suggested two (2) alternatives, as follows:
1. Excise the rule to allow members to step down while running for office and to return to their position once the election is over, contingent upon Mayor or Council approval; or
2. Apply the rule to all City elected or appointed positions.
Mr. Hogan stated that he agreed that the rule should apply to all positions and suggested that such a proposal be brought forward to the Legislative, Finance, and Administration Committee for consideration. Mr. McGiffin concurred with Mr. Hogan’s suggestion.
Mr. Hogan moved for approval of the Commitee’s recommendation to deny the request of the DHRC to remove the requirement that members resign prior to running for other office. The motion was seconded by Mr. Leary and carried by a roll call vote of seven (7) yes, and two (2) no (Mr. Slavin and Mr. McGiffin).
Assignment of Economic Development Division to Public Services
Mr. Anthony DePrima, City Manager, reminded members that City Council recently approved code amendments removing the City Manager from administrative oversight of the City Planner and City Assessor. Prior to having an Economic Development Office, economic development efforts were managed and coordinated by the City Manager, often in cooperation with the Mayor. When the Economic Development Office was created in FY 08-09, it was placed within the Public Services Department under the Planning and Community Development Department, which was under the administration of the City Manager.
Mr. DePrima explained that it was recommended that the Economic Development Office be placed in the Planning and Community Development Department by the City Manager for the following four (4) reasons: 1) It would continue to be under the City Manager’s Administration; 2) The creation of the office was a recommendation of the Comprehensive Plan; therefore, its start up is a part of the Comprehensive Plan Implementation; 3) The planning skills of the City Planner were suited for developing the initial goals and benchmarks for the office; and 4) The City Planner and her staff played an important guiding and supporting role with the Parking Authority, Main Street, and DDDC, and overseeing the transition to the Downtown Partnership was best placed under the City Planner.
At this time, Mr. DePrima suggested that the Economic Development Office be retained within the Public Services Department and under the administration of the City Manager. He explained that the change would allow for the traditional role of the City Manager to continue and bring his many years of experience to bear. This is also true for the Public Services Manager and, most importantly, it will ensure that the other departments under the City Manager will be synchronized with the economic development effort. Lastly, he stated that, while the Planning and Community Development Department has an excellent record of objectivity, this move will reduce any perceived “conflict of interest” that may arise when the City Planning staff makes recommendations to the Planning Commission or City Council regarding projects submitted or promoted by the Economic Development Office.
Mr. DePrima noted that the Planning and Community Development Department has done a good job of starting up the office and would continue to play an important role in economic development. The department will continue to be responsible for the Economic Development Chapter of the Comprehensive Plan, which serves as the City’s Economic Development Policy. The City Planner will continue to be a member of the Downtown Dover Partnership and the staff will continue to support the work of the DDP.
Staff recommended approval of the “Proposed Organizational Chart” which shows the City Assessor and City Planner Departments reporting directly to City Council and moves the Economic Development Office to Public Services.
Responding to Council President Williams, Mr. DePrima stated no objections to the City’s Economic Development Office being directly under the City Manager rather than through the Public Services Department. Council President Williams also relayed concerns with the number of employees charged with economic development within the City of Dover, as well as the Kent County Economic Development Office. She indicated her feeling that the City is overstaffed in terms of economic development and her opposition to the request.
Mr. DePrima relayed disagreed that there is a duplication of service between Kent County and the City of Dover and, since the City is currently committed to having an Economic Development Office, it was his feeling that it should be under the City Manager’s administration. Although he would prefer for the position to remain under the Public Services Department, he has no objections to its placement directly under the City Manager.
Due to time constraints, the Committee recommended tabling the matter to allow for further discussion.
By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.
Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - OCTOBER 2009
By motion of Mr. Salters, seconded by Mr. McGiffin, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
City Planner’s Report
Dover Fire Department Report
CIP Report
EVALUATION OF BIDS - US 13 WEST SANITARY SEWER INTERCEPTOR
The FY-2009 Operating Budget for the Public Utilities Water/Wastewater Management Division included a capital project to install 5,630 linear feet of new gravity sewer main from the entrance road of Dover Downs, Inc. to the west end of West Rustic Lane. The proposed gravity sewer interceptor will allow the City to immediately abandon the existing Schwartz Pumping Station, which is adjacent to US Route 13, and allow further gravity sewer extensions to the surrounding area. This project will also allow for the rerouting of the Delaware State University (DSU) pump station force main.
The following bids were received for the proposed project:
Contractor
Daisy Construction, Inc.
Eastern States Const. Services, Inc.
Teal Construction, Inc.
Location
Newport, DE
Landenberg, PA
Dover, DE
Amount of Bid
$3,131,060.00
$2,308,800.00
$2,728,698.00
Staff recommended awarding a construction contract to the low bidder, Eastern States Construction Services, Inc., in the amount of $2,308,800 for the construction of the US 13 West Sanitary Sewer Interceptor and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund Program.
Mr. McGiffin moved for approval of Staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
EVALUATION OF BIDS - FOX HALL/RETREAT FORCE MAIN REROUTING
The FY-2009 Operating Budget for the Public Utilities Water/Wastewater Management Division included a capital project to reroute the Fox Hall Pump Station Force Main. This project currently serves Fox Hall and The Retreat residential subdivisions and serves an estimated total population of 1,110. The project will divert flows from the Walker Road Pump Station to the McKee Road Pump Station, which will improve efficiency, reduce energy consumption in both stations, allow for future growth within the Walker Road basin and will also reduce future repair costs at the Walker Road Pump Station while increasing pump capacity of the Fox Hall Station.
The following bids were received for the proposed project:
Contractor
Brandywine Construction Co., Inc.
Eastern States Const. Services, Inc.
Teal Construction, Inc.
Technivate, Inc.
Location
New Castle, DE
Wilmington, DE
Dover, DE
Landenberg, PA
Amount of Bid
$197,785.00
$367,451.00
$208,208.00
$179,981.00
Staff recommended awarding a construction contract to the low bidder, Technivate, Inc., in the amount of $179,981 for the rerouting of the existing Fox Hall/Retreat Force Main and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund.
Mr. Hogan moved for approval of Staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BIDS - ACORN LANE PUMP STATION REPLACEMENT PROJECT
The Acorn Lane Pumping Station Replacement Project includes the replacement of the existing Smith & Loveless wet well mounted package pumping station which was originally installed during construction of the Independence Village subdivision in 1978. The station has exceeded its life expectancy of 20-25 years and the station capacity will shortly be exceeded with the addition of 500 new contributing homes (Patriot Village, Lexington Glenn, and Clearview Meadows). The City of Dover has identified the existing Acorn Lane Package Pump Station as having insufficient capacity to convey future flows from the Acorn Lane drainage basin to the downstream White Oak Farms Pumping Station. The new pump station will connect to the existing 10" force main and will continue to pump 3,533 L.F. to the White Oak Road Pumping Station.
The following bids were received for the proposed project:
Contractor
Brandywine Construction Co, Inc.
Eastern States Const. Services, Inc.
Zober Contracting Services, Inc.
Location
New Castle, DE
Landenberg, PA
Dover, DE
Amount of Bid
$274,000.00
$329,875.00
$324,628.39
Staff recommended awarding a construction contract to the low bidder, Brandywine Construction Company, Inc., in the amount of $274,000 for the replacement of the existing Acorn Lane Package Pump Station and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund.
Mr. Leary moved for approval of Staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
EVALUATION OF BIDS - DELAWARE STATE UNIVERSITY (DSU) PUMP STATION REPLACEMENT PROJECT
The City of Dover has identified the DSU Pumping Station as having insufficient capacity to convey future flows from the Delaware State University campus drainage basin to the DelTech Pumping Station, which discharges its flows into the McKee Run Pumping Station. The station was originally installed in 1975 and is located in the southwest corner of the Delaware State University campus, approximately 300 feet from Silver Lake. The new pump station will connect to the existing 8" force main and will continue to pump 3,860 L.F. to the existing DelTech Pumping Station.
The following bids were submitted for the proposed project:
Contractor
Brandywine Construction Co, Inc.
Eastern States Const. Services, Inc.
Zober Contracting Services, Inc.
Location
New Castle, DE
Landenberg, PA
Dover, DE
Amount of Bid
$279,000.00
$305,600.00
$338,583.96
Saff recommended awarding a construction contract to the low bidder, Brandywine Construction Company, Inc., in the amount of $279,000 for the replacement of the existing Delaware State University (DSU) Pumping Station and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund.
Mr. Salters moved for approval of Staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CAREY - DOVER PLANNING COMMISSION - MICHAEL J. AMBRUSO (TO FILL UNEXPIRED TERM OF WILLIAM J. DIMONDI - TERM TO EXPIRE JUNE 2012)
Mayor Carey recommended the appointment of Michael J. Ambruso to serve on the Dover Planning Commission for a term to expire June 2012 (to fill the unexpired term of William J. DiMondi).
By consent agenda, Mr. Salters moved for approval of the appointment of Michael J. Ambruso, as recommended by Mayor Carey. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of November 23, 2009.
Proposed Ordinance #2009-26 - Reinspection Fee for Residential Rental Inspections (Chapter 22 - Buildings and Building Regulations and Appendix F - Fees and Fines)
Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried.
By motion of Mr. McGiffin, seconded by Mr. Salters and carried by a unanimous roll call vote, Ordinance #2009-26 was adopted, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 22 – Buildings and Building Regulations, Article X – Rental Dwellings, Division 1 - Generally, Section 22-332 - Inspection standards be amended to read as follows:
Sec. 22-332. Inspection required.
(a)The code enforcement office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to ensure compliance.
(b)Following an inspection, the code enforcement office shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first follow-up inspection. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F – Fees and Fines.
BE IT FURTHER ORDAINED THAT:
Chapter 22 – Buildings and Building Regulations, Article X – Rental Dwellings, Division 2 - Permit be amended to read as follows:
DIVISION 2. PERMIT
Sec. 22-352.Suspension.
(a)Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when he determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed or appealed.