REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 27, 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. Hogan moved for approval of the agenda, seconded by Mr. McGiffin and unanimously carried.
Mr. McGlumphy moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 13, 2009
The Minutes of the Regular Council Meeting of July 13, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Salters and bore the written approval of Mayor Carey.
PRESENTATION - CERTIFICATE OF RECOGNITION - GREGG MOORE - DELAWARE MAIN STREET AWARD RECOGNITION
The City Clerk read the following Certificate of Recognition into the record:
This certificate of recognition is being awarded to Mr. Gregory Moore for his outstanding contribution in his efforts to revitalize the Downtown Dover community. The City of Dover thanks you. Respectfully signed and presented on July twenty-seventh, two thousand and nine.
On behalf of the Mayor and Council, Mayor Carey presented the Certificate to Mr. Gregg Moore and relayed appreciation for his role in making improvements to the quality of life for the residents of the City of Dover.
Mr. Moore thanked the Mayor, Council, City staff, and members of the Greater Dover Committee for their support.
PRESENTATION - CERTIFICATES OF RECOGNITION - LISA RATLIFF - MAIN STREET AWARD RECOGNITION/GREATER DOVER COMMITTEE
Due to the absence of Mrs. Lisa Ratliff, the City Clerk read the following Certificates of Recognition into the record:
This certificate of recognition is being awarded to Ms. Lisa Ratliff for her outstanding contribution in her efforts to revitalize the Downtown Dover community. The City of Dover thanks you. Respectfully signed and presented on July twenty-seventh, two thousand and nine.
In recognition of and with many thanks to Ms. Lisa Ratliff for her time serving as the Executive Director for the Greater Dover Committee June 2004 - November 2008. The City of Dover appreciates your dedication in making Dover a wonderful place to live.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 924 ARTIS DRIVE, (OWNED BY J. RICHARD JONES AND JOAN MEAD JONES)
In addition to the consideration of annexation of property located at 924 Artis Drive, a public hearing was duly advertised for this time and place to consider the rezoning of this property, owned by J. Richard Jones and Joan Mead Jones. The property is currently zoned AC - Agricultural Conservation (Kent County) and the proposed zoning is R-8 - One Family Residence (City of Dover).
Council President Williams noted that a letter has been received from the applicant requesting that the annexation/rezoning application be withdrawn.
Mr. Leary moved for acceptance of the request to withdraw the annexation/rezoning application for property located at 924 Artis Drive, owned by J. Richard Jones and Joan Mead Jones. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JULY 13, 2009
The Parks, Recreation, and Community Enhancement Committee met on July 13, 2009 with Chairwoman Russell presiding.
Parks and Recreation/Open Space Plans - Review of Active Recreation Areas - Leander Lakes Apartments
In accordance with Article 5, Section 10, of the Zoning Code, all residential developments shall provide Open Space and an Active Recreation Plan, which must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Conditional Use Site Plan by the Planning Commission. Subsection 10.7 of Article 5, Section 10, of the Zoning Code requires that all areas planned for public dedication, or cash donations provided under this section, must be submitted to and approved by the Parks, Recreation, and Community Enhancement Committee and shall be subject to final review and approval by City Council prior to acceptance by the Planning Commission.
Leander Lakes Apartments consists of approximately 30+/- acres of land, situated on the south side of Forrest Avenue, east of Artis Drive, owned by Jireh Christian Center (equitable owner is Rinnier Development Company). Members were advised that the Site Plan is to permit the construction of ten (10) apartment buildings for a total of 240 units and a clubhouse building.
Members were provided the Active Recreation Plan for Leander Lakes Apartments (as on file in the City Clerk’s Office). In reviewing the plan, Ms. Cornwell, Planner II, indicated that the plan indicates that 88,942 S.F. (2.04+/- acres) of land would be reserved as Active Recreation Area. The Active Recreation Areas are located throughout the site. The proposed amenities include a clubhouse with a swimming pool located directly behind it, a play area that contains a swing set and a see-saw, three (3) barbeque/picnic areas, a dog park, and a walking path. Staff noted that the walking path is located within thirty (30) feet of a residential property line; however, the code requirement is meant to buffer the active recreation areas from other residential uses. The walking path is for the entire apartment complex and will be utilized by all residences.
Upon review of the Recreation Plan for Leander Lakes Apartments, the Department of Planning and Inspections staff submitted the following recommendations:
1.The proposed plan meets the area requirements for the Active Recreation Area. The plan is required to provide 1.5151 acres of Active Recreation Area and it is proposing 2.04 acres of Active Recreation Area.
2.Staff recommends approval of the swimming pool, clubhouse, the swing set, see-saw, barbeque/picnic areas, dog park, and walking path with comments and conditions provided below.
3.The following items should be included on the Plan to clarify the construction of the recreation area improvements:
a.A list of the proposed features needs to be provided on the Active Recreation Plan (i.e., the number of benches and the details of the items).
b.Show tree planting locations on the Active Recreation Plan.
c.Provide lighting around the Active Recreation Areas.
d.Lawn areas shall be appropriate planted (seeded or sodded) and maintained for active recreation activities.
e.Indicate the method of trash collection for the picnic tables and barbeque areas.
f.Provide a detail for the picnic tables.
g.Indicate the location of the fence and gates around the pool.
h.Indicate the location of any other fence on the property.
i.Label the fence around the swimming pool and deck area.
j. Label the gates into the pool area.
k.Clarify the square footage of the clubhouse. It appears that half of the clubhouse will be utilized as Active Recreation Area.
l.Clarify the dimensions of the Active Recreation Areas. The square footage amounts do not seem to correspond to the dimensions shown on the plan.
m.Provide the proposed property lines on the Plan Sheets.
n.Provide the drive aisle for the entrance to the church on the Plan Sheets.
o.Recalculate the square footage of the walking path after the church drive aisle has been added to the Plan Sheets.
p.Provide an accessible route to the playground and dog park.
q.Provide at least one accessible picnic table.
r.Indicate any landscaping/plantings around the stormwater management areas/ponds.
s.Indicate the age range for the see-saw.
4.Indicate the following items for the dog park:
a.Indicate if there will be a fence around the dog park area.
b.If there is a fence, indicate where the gate is for the dog park.
c.Provide rules for the dog park, including the location of the rules at the dog park.
d.Provide information for the dog park including (but not limited to): method of trash collection, surface material, water fountain, etc.
5.The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.
Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.
6.There shall be provisions which insure that the common open space land (including active recreation area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space, i.e., a Homeowners Association. The organization shall be responsible for maintenance, insurance, and taxes on the common open space.
a.Add a note on the Site Plan regarding who is responsible for maintenance, insurance and taxes on the common open space.
7.In the event that major changes and revisions to the Site Plan occur in the finalization of the Site Plan, contact the Department of Planning and Inspections. Examples include reorientation of buildings, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan.
The committee recommended approval of the open space/active recreation plan for the Leander Lakes Apartments, as recommended by staff.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Report on Spray Park
Mr. Carter, Parks and Recreation Director, advised members that a Spray Park has been submitted for consideration in the City’s budget for the past couple of years; however, due to the economy, it was eliminated from the budget. He noted that a Spray Park provides a means for citizens to cool off during the hot summer months without the costs or health issues associated with a swimming pool.
Mr. Carter advised members that there are two (2) options for building a spray park: a “water to waste” system or “re-circulation system”. With the water to waste system, water is provided by the city potable water supply. The used water is then drained into the city storm or sanitation system or is collected and used for irrigation or other ground water replenishing systems. With the re-circulation system, water draws fresh from the city’s water supply and uses a water holding tank, pumps, filters, chemical controllers, and UV radiation treatment to treat the water.
Members were provided diagrams as examples of Spray Parks. Mr. Carter stated that two (2) locations have been considered for the park, Silver Lake and Schutte Park, and reviewed the system cost estimates, as follows (he noted that the cost estimates do not include the water line and electric to the site locations):
Water to Waste System
Schutte Park Silver Lake
With building $226,550.54 With building $254,450.54
Without building $195,175.54 Without building $224,075.54
Re-circulation System
Schutte Park Silver Lake
With building $292,406.77 With building $325,831.77
Without building $262,506.77 Without building $293,931.77
Several members relayed their support of the Spray Park concept.
The committee took no action.
St. Jones Watershed Coordinator
Mr. Carter, Parks and Recreation Director, stated that for the past couple of years, staff has been attempting to hire a Lake Manager for Silver Lake and has been working with the State of Delaware, Division of Water Resource (Mr. Lyle Jones). The State has obtained funding to hire a part-time St. Jones Watershed Coordinator. He advised members that Silver Lake is a big part of that Watershed. Mr. Carter introduced the new Coordinator, Ms. Kate O’Brien. He stated that it is hoped that this position will become full-time.
Mr. Dave Edgell, Chair of Silver Lake Commission, explained the difficulty of addressing the types of improvements required with only volunteers. He is hopeful that Ms. O’Brien’s expertise and abilities will result in the implementation of improvements.
Ms. O’Brien stated that she is employed with the DNREC (Soil and Water) and is responsible for implementing and overseeing projects within the St. Jones Watershed.
The committee took no action.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
Mr. Koenig, Director of Public Services, advised members that the FY2010 budget includes funds for the preparation of the Letter of Map Revisions. Once the budget is adopted, staff will be discussing the development of the Letter of Map Revisions; however, its development cannot move forward until there is an as-built elevation drawing of the Governors Avenue bridge. He stated that the bridge deck is complete and that the work on the Puncheon Run Stream Channel around the pump station is expected to be completed by mid-September. He anticipates taking the Letter of Map Revisions to the Delaware Emergency Management Agency (DEMA) in November/December and requesting that they consider a Map Revision. The City can then provide this information to property owners in the area to assist them in obtaining relief from flood insurance requirements.
Responding to Mrs. Horsey, Mr. Koenig stated that the bridge deck is complete; however, the approaches to the bridge are still under construction. To his knowledge, the contractor anticipates opening the bridge to traffic in August.
Planning and Funding for New Library
Ms. Cyr, Library Director, reviewed update information regarding the planning and funding for the new Library.
CDBG Program
Mrs. Harvey, Community Development Director, reviewed the Status of the FY2008 CDBG Program provided to members.
Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund)
Mrs. Harvey, Community Development Director, advised members that although two (2) Memorandums of Understanding (MOU’s) have been received from City of Dover partners, she is awaiting one (1) additional memorandum, which she anticipates receiving by Friday, July 17th. She is also awaiting an outline of services from the Kent County Board of Realtors to determine their commission and fees. The Board of Realtors will then provide the City of Dover with real estate listings to assist in the purchase of foreclosed properties.
Youth Advisory Committee
Mrs. Russell advised members that, since there were not enough members for a quorum at the last Youth Advisory Committee meeting, there was a “round table” discussion regarding potential activities.
By consent agenda, Mr. McGlumphy moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - JULY 13, 2009
The Utility Committee met on July 13, 2009 with Councilman McGiffin presiding in the absence of Chairman Ruane.
Presentation - 2030 Energy Committee - Solar Project Agreement
Mr. DePrima, City Manager, reminded members that since May 2007, the Dover 2030 Energy Plan Committee has been meeting approximately monthly to review the PJM Market, evaluate the capacity/energy requirements of our system, and identify action plans to address future energy needs. After extensive discussion on the market and capacity/energy shortfall, it was decided to solicit the energy development market to gain knowledge of what options are available to the City through a Request for Qualifications process. Mr. DePrima explained that the goal was to gain information and knowledge from the potential developers and identify possible solutions to our requirements. This concept was outlined at several Utility Committee Meetings. The City then completed Phase II of the project, which was the evaluation of the proposals and the selection of four (4) options in which to enter negotiations. He stated that the agreement presented to members is the first agreement to be considered from the negotiations process and will be for a photovoltaic (solar) energy generation plant with an approximate capacity of 10 megawatts (MW). If approved, Mr. DePrima stated that this agreement will be followed by a Land Lease Agreement and an Interconnection Agreement for consideration.
Mr. DePrima noted that there has been some proprietary information redacted from the agreement presented, which is related to costs that the City would pay for energy for this project. He stated that these amounts will be shared with City Council in an executive session, explaining that the committee’s charge is to review the utility and power generation aspect of this project. Mr. DePrima also stated that the agreement does not depict where the project will be located on the Garrison Tract. He advised members that the project will take approximately 25% of the Garrison Tract (on the southeast corner) and that specifics will be provided with the Land Lease Agreement.
Mr. Francis Hodsell, Director of Industrial and Asset Strategies with PACE, provided an overview of the project and reminded members that the last presentation was made during a Council Workshop on December 1, 2008.
Staff recommended that the City Manager be authorized to execute the Solar Energy Purchase Agreement with White Oak Solar Energy, LLC as per the terms outlined in the Agreement.
Responding to Mr. Hogan, Mr. Joe Gorberg, representative of White Oak Solar Energy, LLC, (employed by LS Power), stated that the solar modules are generally 2 ½ x 4-5 feet in size, and that there will be thousands of them placed in rows, mounted to structures in the ground. The life expectancy of the panels is more than 25 years.
Mr. George Emberger, Wild Meadows, questioned if the solar power projects eliminate natural gas energy projects. Responding, Mr. DePrima stated that the projects are not mutually exclusive and that discussions are continuing regarding the natural gas energy projects; however, they are not as far along as the solar power projects. In response to Mr. Emberger’s questions regarding the land required for the panels, Mr. DePrima stated that the City will lease the property, reiterating that a Land Lease Agreement will be forthcoming.
Mr. Emberger questioned how the solar power would be dispensed throughout the City. Responding, Mr. DePrima stated that this power would go into the 69kv line; therefore, it would be evenly dispersed amongst all City of Dover customers.
Mr. Jim Brockton, Wild Meadows, questioned why the City has not considered taking the entire Garrison Tract, covering it with solar panels, and selling the energy rather than trying to find tenants for the land. He indicated no objections to the solar power projects, and explained that the neighborhood concerns were with the location of the panels due to the close proximity.
The committee recommended that the City Manager be authorized to execute the Solar Energy Purchase Agreement with White Oak Solar Energy, LLC, as per the terms outlined in the Agreement.
Mr. DePrima advised members that this Agreement is the first of three (3) proposed contracts that will be presented to members that are related to the creation of the Dover Sun Park, which will consist of a 90 acre solar facility built by a private utility developer on leased land from the City of Dover.
An overview of the project was repeated by Mr. Hodsell during the Council Meeting.
At the request of Mr. Ruane, Mr. Hodsell stated that Delmarva Power and DEMEC are in the process of negotiating an agreement with this project. He stated that this project is a combination of almost all entities that provide retail electricity service within the state have partnered as a group to be a part of this project.
Responding to Mr. Salters, Mr. Hodsell estimated that the project could be completed by the end of 2010 and be generating electricity in 2011.
Mr. Ruane advised members that the analysis shows that this project will avoid the emission of over 20,000 tons of carbon dioxide annually, and will improve community health through the prevention of the emission of nearly 80 tons sulfur dioxide and 33 tons of nitrogen oxide annually and noted the health benefits to everyone in this community.
Mr. Ruane moved to authorize the City Manager to execute the Solar Energy Purchase Agreement with White Oak Solar Energy, LLC, as per the terms outlined in the Agreement (Exhibit #1), as recommended by the committee. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
PACE/NAES Monthly Report (April and May)
Members were provided the PACE/NAES Monthly Reports for April and May 2009. The reports are being 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 PACE/NAES monthly reports for April and May.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 13, 2009
The Legislative, Finance, and Administration Committee met on July 13, 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.
Mr. McGlumphy noted that there were no critical positions to be considered; therefore, no action was required of the committee.
Elimination of Medicare Part B Reimbursement
Mrs. Mitchell, Controller/Treasurer, reminded members that the Governmental Accounting Standards Board passed an accounting standard which requires governmental entities to recognize the cost of retirement health care during the term of the employee’s employment and not pay as you go after the employee retires.
Mrs. Mitchell advised members that one of the benefits the City currently provides is reimbursement of the individual’s Medicare Part B premium that is deducted from Federal Social Security or disability benefits. After researching how other governmental entities in Delaware address Medicare Part B premiums, staff discovered that the City of Dover is the only employer that provides this reimbursement. She stated that in 2006, upon learning of the draft standard and completion of a preliminary actuarial analysis, the City included in their Union negotiations the elimination of this benefit. Mrs. Mitchell stated that all unions have subsequently agreed to the elimination of the premium reimbursement for their current membership. In January 2009, the City Manager submitted benefit changes for non-bargaining employees so that they would have parity with the Unions. The elimination of the Medicare B premium reimbursement for non-bargaining employees was not included in that submission.
Mrs. Mitchell provided members with four (4) alternatives, as completed by the Actuary, to incorporate all other persons not currently represented by a Union. It was noted that the alternatives can stand alone or be combined.
Mr. McGlumphy noted the complexity of this issue and suggested that staff only address alternative #1, suggesting that alternatives #2, #3, and #4 be tabled until receipt of the Consultant’s Report.
Mrs. Mitchell explained the alternatives, as follows: Alternative #1 would provide for no reimbursement to all future retiree’s (new hires) upon approval by Council; Alternative #2 would align benefits and bring parity to all employee groups by January 31, 2010; Alternative #3 would be to continue the practice and place a $100 cap on reimbursements, except current union membership where applicable; and Alternative #4 would provide no reimbursement for all current and future retiree’s not receiving Medicare B medical benefits as of January 31, 2010, except current union membership where applicable.
Mr. Tim Mullaney, 88 Marietta Drive (retired 1992 from City of Dover Police Department), stated that upon his retirement he was advised that he would be provided Medicare B when he became eligible for its receipt. He requested that Alternative #4 not be considered a viable option.
Mr. Les Blakeman, 209 Falmouth Way, reminded members that there are two (2) classes of employees that would be affected by a change: represented employees and non-represented employees. He explained that the non-represented employees have always been able to put their full trust and reliance on Council action to protect their benefits. They do not have the benefit of a written contract, only an agreement. Mr. Blakeman noted that there are 70 individuals listed on the retirement list who could be impacted and that it could result in a 27% reduction in retirement pay. For a retiree receiving $29,397, the elimination of the benefit would result in a 3.4% permanent, on-going, cost of living reduction that would increase each year, which he explained could be detrimental when there is no built-in cost of living increase to off-set expense increases in future years. He explained that any change would establish a guaranteed reduction in retirement benefit every year.
Mrs. Frances Hettinger, 63 Sackarackin Avenue, advised members that she currently receives the Medicare B reimbursement. She explained her concern with the City taking a benefit away from a retiree who has been depending on the benefit. Concurring with Mr. Blakeman, she felt confident that Council would protect the benefits of current employees and retirees, indicating an understanding with implementing a change for new hires.
The committee recommended approval of Alternative #1, which would provide no reimbursement to all future retiree’s upon approval to be effective upon approval by Council, noting that this alternative refers specifically and only to new hires.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
The committee tabled Alternatives #2, #3, and #4 until receipt of the Consultant’s Report.
Mr. McGlumphy noted that, in addition to the consideration of the four (4) alternatives for future Medicare Part B premium reimbursements, staff also recommended authorization to solicit a Request for Proposal for a Health Care Consultant to assist the City with options for managing its health care costs.
The committee recommended authorization to solicit a Request for Proposal for a Health Care Consultant to assist the City with options for managing its health care costs.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Responding to Mr. Leary, Mrs. Mitchell stated that it is staff’s intention to involve all parties, including retirees, by scheduling workshops and requesting their review.
Revenue/Cost Saving Ideas Submitted for Consideration (Items #1 - 10)
Mr. McGlumphy advised members that he was provided a list of revenue/cost saving ideas developed by employees. He noted that the 30 suggestions would be considered by members 10 at a time (items #1-#10 at this meeting, items #11-#20 at the next, and #21-#30 at the following meeting). He reminded members that, during their meeting of May 19, 2009, Council reviewed the budget for Fiscal Year 2009/2010, which included a budget shortfall in the amount of $986,781 (across all three funds). In light of the shortfall, Mr. Kenneth Clendaniel, along with the IUE, provided a list of suggestions to save money and increase revenue throughout the City of Dover.
Mr. DePrima, City Manager, advised members that he received the list directly from the Union representatives several weeks ago. After reviewing the list with the representatives, he indicated that he would review the list with various department heads that would be impacted and would keep them apprised of the progress. He also advised them that there was nothing on the list that he felt would cause him to alter the budget. However, some of the ideas, if implemented, would certainly increase revenue and/or reduce expenses. Mr. DePrima felt that it was important to note that this list was not vetted by the Union leadership and that any idea expressed by a member was added to the list. Although some items on the list would not require anything more than his approval or the approval of a department head, he noted that there are other items, such as the various suggested fee increases, that would require Council approval.
Staff recommended that the full list be referred back to the City Manager for consideration and further handling. Mr. DePrima requested that members provide guidance by indicating those items that members find particularly interesting and those that they find utterly unappetizing. He assured members that he would keep them updated on the status of the ideas.
Mr. McGlumphy explained that due to concerns regarding communication gaps between employees, the City Manager, and City Council, members will be discussing the suggestions publicly, as follows:
#1 - For scheduled appointment no shows for inspections, fines should be issued ( $50.00 fine 1st offense, $100.00 each additional offense)
Mrs. Townshend, Director of Planning and Inspections, explained that there have been instances when property owners have not showed up for their housing inspection for their rental properties. To her knowledge, summonses have been issued when there have been “no shows”. This is something she felt could be handled administratively within the department.
#2 - Code Violations and Housing inspections- If violation is not corrected within 30 days a $50.00 re-inspection fee should be assessed for second inspection in addition to any summonses issued
Mrs. Townshend advised members that although a re-inspection fee for construction inspections is codified, an ordinance would be necessary for a re-inspection fee for violations.
At the request of Mr. Salters, Mrs. Townshend indicated that she would provide correspondence received from the Deputy City Solicitor indicating that an ordinance cannot be considered that would allow for the fee to be included as a lien on the property and included on the property tax bill. Mr. Salters suggested that a formal legal opinion be obtained regarding this issue.
In response to Mr. Leary, Mrs. Townshend advised members that these outstanding summonses have just recently been forwarded to the Administrative Services Department for submission to the collection agency. Since this was just recently accomplished, she suggested that staff report back in approximately six (6) months in regards to the results of these collection efforts.
#3 - Stronger collection method to collect unpaid summonses (60-65% of all summonses are unpaid)
Mr. McGlumphy noted that the previous discussion will address this suggestion.
#4 - More enforcement of fire lane and handicap parking
Mr. DePrima suggested that the Police Department provide statistics regarding these violations.
#5 - Enact a yard sale/garage sale permit. (Most other communities charge $5.00 fee)
Mrs. Townshend explained her concern with enacting a yard/garage sale permit is that these events are typically held during the weekends when there are no inspectors available to enforce the permit. It was her opinion that requiring such a permit would either not be fair for those that do obtain a permit or that the City would be paying over-time or comp-time to provide enforcement; therefore, this suggestion would not be cost effective.
#6 - Enact chronic nuisance property ordinance that includes higher violations fees for those who are chronic violators. To include press releases of problem properties and also implement a program that will have the city repair the violation and place a tax lien on the property for the cost. Properties classified as "chronic nuisance" will not be able to re-new rental permits with large amounts of unpaid violations (this will avoid mailings and casework)
Mrs. Townshend advised members that staff is currently working on addressing chronic violators and noted that staff has not confirmed that an ordinance is necessary, explaining that staff has been re-structuring fines that would differentiate between chronic violators and others. As an example, she stated that there are property owners that are provided summonses for grass cutting on a regular basis and that these fees are placed as a tax lien on the property.
#7 - All unpaid fines and fees should be paid through a tax lien on the property
As previously mentioned, Mr. Salters stated his desire for a proposal that would allow for unpaid fines and fees to be included as a tax lien on properties.
#8 - Charge additional fees for copies of violations, permits, maps, etc.
Mr. DePrima advised members that the fees for copies are set by the City Clerk by determining the City’s costs for producing copies. He explained his concern that it sometimes is not worth the time and effort to collect small fees since the costs to administrate such collections would be more than the actual fees collected.
#9 - Increase late fees assessed for all rental and business licenses that are not renewed by the renewal date, in additions to any other fees or fines
Mr. DePrima reminded members that during a past Retreat, members of Council had indicated a desire to consider revisiting fines and permit fees proposed by staff. He stated that staff intends to present recommendations which will include late fees.
#10 - Require merchant licenses at all events on the Green. (Old Dover Days, African American Festival, 4th of July, Art Festivals, or even Music Venues on the Green)
Mr. DePrima stated that organizations that are holding events actually charge a fee to participate. A policy was established several years ago that if the merchants participating in the festival were paying a fee to the festival organizers, then the City would not charge a fee and explained that this was the City’s effort to support such events.
Referring to items #1-#10, Mr. McGlumphy requested that staff develop policies or ordinances that can be enforced, along with recommendations regarding the 10 ideas submitted by employees.
Phase II of the MAG Study
During their meeting of June 22, 2009, staff provided a handout containing an Organization of Recommendations related to Phase II of the MAG Study with proposed changes grouped according to subject area. Mr. McGlumphy reminded members that there would be no action taken on the matter at this time and that the study will continue to be returned to the table until all six (6) exhibits related to the report can be reviewed.
The committee removed the matter from the table.
A continuation of an overview of the Organization of Recommendations was presented by Mr. DePrima and Mrs. Hawkins, as follows:
Grading Definitions
Mrs. Hawkins explained that MAG 5, 6, and 7 recommendations are definition changes for performance labels.
Council Evaluations
Mr. Leary felt that there should be no changes to the manner in which evaluations for Council Appointees are accomplished, which involves all members of Council.
After much discussion, Mr. McGlumphy requested that staff prepare a committee action form regarding the manner in which evaluations for Council Appointees should be accomplished. Mr. DePrima suggested the inclusion of a recommended change in the review of employees’ goals to better coincide with the presentation of the budget.
The committee tabled the matter until the next meeting.
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
FOP LABOR CONTRACT TENTATIVE AGREEMENT
Prior to Council acting on the FOP Labor Contract Tentative Agreement, Council President Williams noted that it will be necessary to reconvene a previously recessed executive session. As a result, she suggested that this matter be deferred to be considered at the end of the meeting (last on the agenda).
Mr. McGlumphy moved to defer the FOP Labor Contract Tentative Agreement to the end of the agenda, seconded by Mr. Hogan and unanimously carried.
RECONSIDERATION OF REVISION TO 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN (MOTION OF MAY 11, 2009)
Mrs. Townshend, Director of Planning and Inspections, reminded members that on May 11, 2009, City Council voted to approve the 2009 Community Development Block Grant (CDBG) Action Plan and that the plan be submitted to the U.S. Department of Housing and Urban Development. She explained that in approving this motion, Council modified the recommendation of the Parks, Recreation and Community Enhancement Committee by reallocating $60,000 from the Dover Community Partnership to the City’s Housing Rehabilitation Program. These funds were reallocated with the understanding that the Dover Housing Authority, which is affiliated with the Dover Community Partnership, received $600,000 in federal stimulus funding.
Since Council approved this motion, Mrs. Townshend stated that the Dover Community Partnership has requested that the reallocation of funding be reconsidered, as the stimulus funds received were specifically targeted for energy efficiency improvements to public housing, and cannot be used for the purpose requested by the Dover Community Partnership. She reminded members that the request for funds by the Dover Community Partnership was to provide funding to construct new houses for affordable homeownership on North Kirkwood Street.
Mr. McGiffin moved to reconsider the action taken on May 11, 2009 and allocate the $60,000 to the Dover Community Partnership, seconded by Mr. Hogan. The motion failed by a roll call vote of four (4) yes, two (2) no (Mr. McGlumphy and Mr. Ruane), and three (3) abstentions (Mrs. Russell, Mr. Salters, and Council President Williams).
EVALUATION OF BIDS - CONSTRUCTION MANAGER ANCHOR PUBLIC LIBRARY
Members were provided information regarding Construction Management Services for Pre-construction for the Dover Public Anchor Library. Mr. DePrima, City Manager, explained that the purpose of having a “construction management” firm working during design development is to allow them to review the design plans and insure that they are constructible, practical, and efficient from the builder’s perspective. He stated that staff solicited Request for Qualifications (RFQ) and 11 firms responded and that four (4) firms were selected for interviews. Upon completion of the interview sessions and discussion among the interview panel (Mr. Tony DePrima, Mr. Scott Koenig, Mr. N.C. Vasuki, Ms. Margery Cyr, and Mr. Zach Carter), the firm of EDiS Company was selected as the choice for the Dover Public Anchor Library Construction Management. He indicated that EDiS Company was selected based on their experience working in the Dover area on public facilities, their knowledge of Leed Certification, and working experience with Holzman Moss Architecture firm. Mr. DePrima advised members that EDiS has worked on projects at the Delaware State University, Schwartz Center for the Arts, Merrill Lynch, Campus Community School, and Cape Henlopen School District. He stated that the firm understands the construction market in the Kent County area, and the issues that must be addressed with the construction in downtown Dover.
Staff recommended that EDiS Company be hired as the Construction Management firm for the Dover Public Anchor Library, and that the City Manager be authorized to enter into a contraction agreement for the pre-construction services in the amount of $29,713.
Mr. Hogan moved to award the Construction Management Services for Pre-construction for
the Dover Public Anchor Library to EDiS Company for the amount of $29,713, seconded by Mr. Ruane and carried by a unanimous roll call vote.
EVALUATION OF BIDS - SCADA EQUIPMENT TECHNOLOGY UPGRADE
Mr. DePrima, City Manager, reminded members that the purpose of the SCADA Equipment Technology Upgrade project is to replace antiquated and/or obsolete remote terminal units (RTUs) at sewage pumping stations. He indicated that the SCADA system monitors the pumping stations and communicates with the System Operations Center when station components fail or other abnormal issues are detected.
Mr. DePrima stated that the Public Utilities Department intends to purchase six (6) RTU units. Installation and associated work is to be performed under either the existing SCADA Maintenance Contract or staff personnel. He noted that there will be other expenses associated with the installations such as the radio equipment and miscellaneous hardware. Mr. DePrima stated that these RTU’s are the field components of the SCADA system, which is a proprietary system; therefore, the new RTU’s must be purchased from the original equipment manufacturer (OEM) Siemens Energy, Inc. (Sole vendor information was provided to members).
Staff recommended purchasing six (6) RTU units for $5,800 each from the sole vendor, Siemens Energy, Inc., for a total amount of $34,800.
Mr. Hogan moved to approve the purchase of six (6) RTU units for $5,800 each from the sole vendor, Siemans Energy, Inc., for a total amount of $34,800, as recommended by staff. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CAREY - ELECTION BOARD - FIRST DISTRICT - ANITA L. McDOWELL BOYER (TO FILL EXPIRED TERM OF RUTH MORRIS - TERM TO EXPIRE MAY 2012
Mayor Carey recommended the appointment of Ms. Anita L. McDowell Boyer to serve on the Election Board for a four (4) year term to expire May 2012 (this appointment is to fill the expired term of Ruth Morris).
By consent agenda, Mr. McGlumphy moved for approval of the appointment of Ms. Boyer as recommended by Mayor Carey. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of July 13, 2009.
Ordinance #2009-05 - Chapter 102 - Taxation: Article I - In General, Section 102-5 - Income and Expense Reports; Article III - Realty Transfer Tax, Section 102-77 - Duties of City Assessor; and Article VI - Exemptions; Tax Appeals Committee, Section 102-185 - Appeals
Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Hogan mov