REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 10, 2008 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters and Mr. Ruane.
Council staff members present were Major Taraila, Ms. Russell, Mrs. Mitchell, Mrs. Tieman (in the absence of 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 Hogan 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 Minister Donald Godwin of Wesley United Methodist Church, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Leary and unanimously carried.
Mr. Ruane requested that item #5C, City Assessor Report, be removed from the consent agenda.
Mr. McGlumphy moved for approval of the consent agenda as amended, seconded by Mrs. Williams and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 27, 2008
The Minutes of the Regular Council Meeting of October 27, 2008 were unanimously approved by motion of Mr. McGlumphy, seconded by Mrs. Williams and bore the written approval of Mayor Carey.
PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS DAY & GEOGRAPHIC AWARENESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, technology plays a vital role in the continued growth of the City of Dover and the use, management, and exchange of geographic information technology is necessary for effective decision making by local, state, and federal governmental agencies; and
WHEREAS, Geography Awareness Week and Geographic Information Systems Day are set aside each year to promote geographic literacy and to ensure that young Americans, our future leaders, will possess the tools necessary to comprehend, operate, and succeed within our interconnected sphere; and
WHEREAS, Geographic Information Systems (GIS) provide data that allows for the identification of patterns and relationships of real-world conditions that ultimately lead to better decisions and improved delivery of services for the citizens of Dover as well as our surrounding communities; and
WHEREAS, geographic information has many useful applications and is a valuable resource used in the analysis of infrastructure, emergency services, homeland security, economic development, and long-range planning; and
WHEREAS, geography, the study of the Earth’s natural resources, features, climate, and population is important in understanding our relationship with the environment, and GIS technology aids us in this vital learning process.
NOW, THEREFORE, I, Carleton E. Carey Sr., Mayor of the City of Dover, do hereby proclaim November 19, 2008 as GIS Day, and November 17-21, 2008 as GEOGRAPHY AWARENESS WEEK in the City of Dover and encourage citizens and students of all ages to observe this day with appropriate programs, ceremonies, and activities.
Mayor Carey presented Mr. Mark Nowak, GIS Manager, with the proclamation and thanked him for the services provided to the City of Dover.
Mr. Nowak advised members that this is the third year for celebrating GIS Day in the City of Dover, which will be a 2-day event to occur on November 18th and 19th. The celebration on November 19th will be opened to the public (10:00 a.m. to 3:30 p.m.). He assured members that a final schedule will be provided once it has been finalized.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 27, 2008
The Legislative, Finance, and Administration Committee met on October 27, 2008 with Councilman Salters presiding in the absence of Chairman Slavin.
November Health Insurance Premium Refund
Mrs. Mitchell, Controller/Treasurer, advised members that the City of Dover has received notice from the State of Delaware that the health insurance premiums for November will be waived due to their funding levels in the Self-Insured Health Plan. However, she stated that the City will still be required to pay the 5% Risk Premium and a 7% Administration fee (12% of our current premiums). As a result, staff submitted the following actions for consideration:
•Waive the employee payroll deduction for the month of November.
•Charge each department for the budgeted expense for November Health Insurance benefit as if the City’s contribution was paid.
•Reserve the savings realized to address any potential budget constraints in Fiscal Year 2009 in each fund applicable.
Staff recommended waiving the employee payroll deduction for the month of November and reserving approximately $375,000 of City savings realized from the November Health Insurance Moratorium to address potential budget constraints in Fiscal Year 2009.
Responding to Mr. McGlumphy regarding the types of budget constraints, Mrs. Mitchell stated that anticipated revenues will be less than originally budgeted. She noted that the Quarterly Revenue Report is scheduled to be reviewed by City Council during their meeting later in the evening. She explained that the savings would be included in the budget balance reserve accounts for each fund (Electric, Water/Wastewater, and General).
The committee recommended approval of staff’s recommendation to waive the employee payroll deduction for the month of November and reserve an amount of approximately $375,000 of City savings realized from the November Health Insurance Moratorium to address potential budget constraints in Fiscal Year 2009.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.
Reverted Funds from Title V Grant - Office of Juvenile Justice and Delinquency Prevention
Mrs. Townshend, Director of Planning and Inspections, reminded members that last year, the City of Dover, in coordination with Aid in Dover, received a grant, in the amount of $53,000, from the Criminal Justice Council for the Girls Circle of Dover Program, which provides youth programming for at-risk girls. Since the program got a late start and they were not able to provide services until late in the school year, $19,819 in funding reverted to the Criminal Justice Council. Aid in Dover recognized a need to provide similar programming for at-risk boys; therefore, they proposed to utilize the reverted funds for a Boys Council of Dover Program, which is structured similar to the Girls Circle Program, in order to provide programming for at-risk boys. Staff provided members with the sub-grant application.
Staff recommended that the committee forward a recommendation of approval to City Council regarding the application for the reverted funds related to this grant in partnership with Aid in Dover, Inc.
Mr. Ruane suggested that the program needs a better, more realistic, means of measuring its effectiveness by referencing the particular participants rather than an overall decrease in the statistics that are not correlated by the individuals.
Although Mrs. Williams concurred with Mr. Ruane, she advised members that the performance and impact objectives are controlled by the Criminal Justice Council. Mr. Ruane suggested that the applicants continue to discuss the issue of including a more realistic measurement for the program.
The committee recommended approval of the application for the reverted funds related to the Title V Grant - Office of Juvenile Justice and Delinquency Prevention - in partnership with Aid in Dover, Inc. for the Boy’s Council of Dover Program.
By consent agenda, Mr. McGlumphy moved for approval of the application for the reverted funds related to the Title V Grant - Office of Juvenile Justice and Delinquency Prevention - in partnership with Aid in Dover, Inc. for the Boy's Council of Dover Program (Exhibit #1), as recommended by the committee. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote.
Non-Bargaining Benefit Parity
Mr. DePrima, City Manager, advised members that staff has been developing recommendations for benefit parity for non-bargaining employees. He explained that some of the suggested changes are related benefits provided to bargaining unions which are not provided to non-bargaining employees. Members were provided a summary of these recommendations, which included the approval to continue applying certain current practices that are not documented in the personnel policy, the enhancement of two (2) current benefits, and implementation of three (3) new benefits. In addition, staff provided the current practices and recommended changes, which were reviewed by Mr. DePrima in detail.
Staff recommended that all benefits become effective January 1, 2009, unless otherwise indicated, and that the City of Dover Personnel Policy be updated to reflect the recommendations of City Council and submitted for final approval.
Mr. DePrima stated that, based on the committee’s recommendations and Council’s approval, the City of Dover Personnel Policy would be updated to reflect the recommendations by City Council and submitted to them for final approval.
Mr. McGlumphy noted that, based on the current practices, non-bargaining employees are receiving different benefits or perks based on the department and union for which they work. It was his opinion that this has fostered more inequities and animosity amongst employees.
Mr. Ruane noted the probability of costs associated with the proposed benefits and suggested that the committee defer forwarding any recommendation to Council until staff has provided members with such relative information.
Concurring with Mr. Ruane, Mr. McGlumphy advised members of his request for staff to provide a comparison chart of the different unions and other municipalities and suggested that the cost factors could be included in the information.
Referring to the memorandum provided to members, Police Chief Horvath explained his opinion regarding the Police Chief and Deputy Police Chief positions and requested that these positions be provided the same treatment as the FOP employees. He stated that the proposal submitted by staff would reduce benefits for the Chief and Deputy Chief since they are not included in the FOP Union.
At the request of Mr. McGlumphy, Mr. DePrima stated that staff would research the Long-Term Disability Insurance to determine how this benefit was established.
In reference to the description for the Education Incentive Program, Mr. DePrima advised members that those police officers that have not earned their Bachelor’s degree but have earned 60-90 days of credit would receive the Associate reward in the amount of $725.
Mr. DePrima indicated that the Professional Engineer Licensure Incentive Program is not a parity issue - it is a new bonus proposed to offer any of the City’s engineers who earn or have a professional engineer license. He explained the value of obtaining and maintaining professional engineers in the City’s employment.
Mr. Ruane relayed his concern with providing such an incentive program. It was his feeling that it does not provide parity for all employees, explaining that there are other certificates obtained by employees that would not be recognized.
Mr. McGlumphy requested that staff provide the percentage benefit for employees, noting that, in addition to salaries, benefits provided to employees should also be considered.
The committee recommended tabling the Benefit Parity for Non-Bargaining Employees until a cost analysis and further information regarding the questions of members are provided.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.
Mr. McGlumphy noted that the recommended action was for the benefits to become effective January 1, 2009 and that the Human Resources Department is in the process of completing the comparatives he had previously requested. It was his opinion that the comparative information should be provided when this issue is brought back to members for further consideration.
Due to time constraints, it was suggested that the remainder of the agenda items, #4 - City of Dover Identity Theft Prevention Policy and #5 - Charter Review-Amended Scope, be deferred until the next meeting.
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - (DATE)
The Safety Advisory and Transportation Committee met on October 28, 2008 with Councilman Slavin presiding in the absence of Chairman Leary.
Review of Requested Waivers, Land Subdivision Regulations, Streets: Right-of-Way Width and Length of Dead-End Street for College Road Professional Park (SB-08-01C)
Due to the lack of a quorum, during their meeting of September 23, 2008, members deferred the review of requested waivers for the right-of-way width and length of a dead-end street for College Road Professional Park.
Members considered waiver requests for the reduction of street width right-of-way and maximum length of a dead-end street for College Road Professional Park. The subject property is located on the north side of College Road, east of the railroad corridor, consisting of 30.78+/- acres. The owners of the property are: College Road Management, Inc., Kent Storage Facilities, Inc., and Laralex Company LLC.
Ms. Cornwell, Planner II, advised members that the Conceptual Subdivision Plan proposes for the subdivision of the land into four (4) parcels as a manufacturing subdivision. In accordance with Article VI §A13.1 of the Land Subdivision Regulations, the minimum street width right-of-way for dedication is 60 feet. The applicant is requesting a reduction in the width to 35 feet. Ms. Cornwell explained that the applicant is requesting the reduction in the right-of-way based on the railroad to the west of the site and for consistency with the other streets in the area. The paved width would meet the required 26 feet with no parking permitted on the street. She noted that this waiver request is for both Railroad Avenue and the unnamed dead-end street. Both streets are proposed for dedication to the City.
In addition, Ms. Cornwell stated that the applicant is requesting to exceed the permitted length of a dead-end street to 450 feet. In accordance with Article VI §A15 of the Land Subdivision Regulations, the maximum length of a dead-end street is 400 feet. She noted that the size of the property and the layout of the lots support the need to extend beyond 400 feet in length.
Ms. Cornwell advised members that the Planning Commission recommended approval of the waiver to allow the reduction in the minimum street right-of-way from 60 feet to 35 feet for both road segments and the waiver to exceed the maximum length of a dead-end street. Members were provided a summary of the requested waivers as follows (it was noted that the packet material provided to members incorrectly indicated a 10 feet waiver for the minimum street right-of-way):
Street Design Standard Required Proposed Waiver
Minimum Street Right-of-Way 60 feet 35 feet 25 feet
Maximum Length of a Dead-End Street 400 feet 450+/- feet 50+/- feet
Responding to Mr. Link, Deputy Fire Chief Christiansen indicated that there are no concerns with the requested waivers, with the stipulation that there would be no parking permitted on the street.
The committee recommended approval of the requested waivers as recommended by the Planning Commission.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.
Request for Subdivision Street Waiver - Parking on One Side - Persimmon Park Place
During their meeting of July 29, 2008, members were advised that Mr. Fred Tolbert, on behalf of the Condominium Association, had requested that the City allow parking on one side of the street for the convenience of the home owners and their guests. Since the street widths in the development are between 20 and 24 feet wide and, in accordance with the City’s Land Subdivision Regulations, “on street parking on one side of the street” requires a 30-foot pavement width or greater, approval of anything less than 30 feet would require a variance and waiver by City Council under Article VII, Section A “Variance and Waiver” of the Land Subdivision Regulations. It was noted that the “Variance and Waiver” section implies a finding and recommendation from the Planning Commission; therefore, the committee recommended referral of the request to the Planning Commission, and requested that they hold a public hearing on the matter.
Members were advised that Persimmon Park Place is located on the south side of Persimmon Tree Lane, east of State Route 1, and that the street waiver request would involve a portion of Persimmon Circle, Carolyn Court, Gordon Drive, Gordon Place, Beth Place, Susan Place, Karen Place, Primrose Drive, and Welch Drive.
Staff provided members with a summary of the Code requirements regarding street widths and how they relate to waivers and variances from the Subdivision Regulations, as well as the report of the Planning Commission, which included comments of the Development Advisory Committee (DAC). Ms. Cornwell, Planner II, advised members that the Planning Commission recommended denial of the waiver request for on-street parking for Persimmon Park Place.
Deputy Fire Chief Christiansen relayed the Fire Department’s opposition to the request, explaining that the issue to be considered is whether public safety should be jeopardized to provide a convenience. He advised members that providing parking on these streets would restrict the movement of emergency vehicles, which could substantially delay their response to an incident that may involve the treatment of a patient. He also relayed his fear that approval of the request would set a precedent in the City.
Mr. Link noted that there is land in the rear of the development that it is on the market and questioned if the City could consider submitting a request to the owner regarding the possibility of making improvements upon one of the lots to provide additional parking. Responding, Mr. DePrima stated that the current owner of the lots is not the original developer of Persimmon Park Place and felt that it would be unfair to request that he consider providing parking to resolve a problem he had no involvement in.
Mr. Slavin advised members that an alternative solution to the parking problem, which was discussed with the residents, was the possibility of allowing them to provide additional off-street parking on their property. Any associated costs would be borne by the residents.
The committee recommended acceptance of the Planning Commission’s recommendation to deny the requested waiver for Persimmon Park Place.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.
There being no objections, due to the absence of Chairman Leary, Mr. Slavin stated that item #3 - Update on State Council Transportation Hearing of 9/16/2008 would be deferred.
By consent agenda, Mr. McGlumphy moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mrs. Williams and unanimously carried.
MONTHLY REPORTS - SEPTEMBER 2008
By motion of Mr. McGlumphy, seconded by Mrs. Williams, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Manager's Report
City Planner's Report
CIP Report
Ms. Russell, City Assessor, advised members that there have been changes to the City Assessor’s Monthly Report. She noted that the report now includes a briefing on “points of interest” and the inclusion of tables relative to transfer taxes and residential sales ratio. She welcomed any suggestions for additional improvements.
Mr. Ruane commended Ms. Russell for the improvements made to the report.
Mr. Ruane moved for acceptance of the City Assessor’s Report for September 2008, seconded by Mr. Salters and unanimously carried.
EVALUATION OF BIDS - ST. JONES SUBSTATION CONSTRUCTION CONTRACT
Members were advised that bids were solicited for the construction contract for demolition of the existing St. Jones Substation equipment and the purchase/installation of the new equipment. Mr. Lunt, Public Utilities Director, advised members that the Request for Proposal (RFP) was drafted to include unit pricing for the demolition and sub-grade installations because of the unknown concrete footings left in place from the old power plant that was once located on this site. The RFP envisioned that this work would be done under unit pricing, which included labor, equipment, and material. Staff felt that this would be fair for the contractor due to the previous land usage and unknown number of concrete footings still in place. During previous work at the site, staff has had many challenges working around these massive footings. Three (3) bid proposals were received, as follows:
Richardson- Wayland Electrical Co. $2,751,832
C.W. Wright Construction $2,806,681
G A Vietri, Inc $3,063,440
Mr. Lunt stated that the proposals were evaluated using the following criteria: cost, experience, references, resources, safety records, and exceptions to bid documents. Upon initial review it was determined that all three (3) bidders were qualified. He advised members that the two (2) low bidders were interviewed to ensure their understanding of the project and that staff understood the bid submission. During this discussion, the City became aware of the fact that C.W. Wright submitted a firm offer bid, which was different from what the request for proposal envisioned. This type of bid provides cost certainty for the City. The apparent low bidder, Richardson-Wayland Electrical Co., would not offer a fixed cost proposal for this project. After a thorough review, both Pike EDS (formally Shaw EDS) and City staff determined that a “firm offer” contract offer should be extended to C.W. Wright Construction Company to ensure cost certainty.
Staff recommended awarding the “firm offer” bid to C.W. Wright Construction Company, Inc. for $2,806,681.
Mr. Ruane moved to award the “firm offer” bid to C.W. Wright Construction Company, Inc., for the St. Jones Substation Construction Contract, in the amount of $2,806,681. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULE/DECEMBER 26, 2008 SPECIAL HOLIDAY
As in the past, due to the holiday season, Council President Hogan suggested that the Utility and Legislative, Finance, and Administration Committee Meetings and the Council Meeting scheduled for December 22nd be cancelled, as well as the Safety Advisory and Transportation Committee meeting scheduled for December 23rd . He assured members that if the need arises, Special Meetings would be called. Additionally, Council President Hogan noted that Christmas falls on a Thursday this year and recommended that consideration be given to recognizing Friday, December 26th as a special holiday for City employees.
Mrs. Williams moved to cancel the Utility and Legislative, Finance, and Administration Committee and Council Meetings scheduled for December 22nd, the Safety Advisory and Transportation Committee Meeting scheduled for December 23rd and provide Friday, December 26th as a special holiday for City employees. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote.
COUNCIL MEMBERS ANNOUNCEMENTS
Council President Hogan wished Mr. Ruane a happy birthday (today), and Mrs. Russell a happy birthday (November 22nd).
Council President Hogan reminded members that tomorrow is Veteran’s Day and urged all to honor the men and women who serve and have served this country in both times of peace and war and announced that City offices will be closed.
Mrs. Russell advised members that she will be celebrating her 61st Birthday on November 22nd, at 5:30 p.m. and invited anyone wishing to join her for dinner at Dover Downs.
Mr. McGiffin reminded members to mark their calendar for June 27, 2009 for the next African American Festival.
Mrs. Russell moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:47 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of November 10, 2008, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibit (attached to original and file copy)
Exhibit #1 - Title V Grant Application - Office of Juvenile Justice and Delinquency Prevention in Partnership with Aid in Dover, Inc. - Boys Council of Dover