REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 22, 2008 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Mr. Leary was absent.
Council staff members present were 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 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 Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Russell moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.
Mr. McGlumphy moved for approval of the consent agenda, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Leary absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 8, 2008
The Minutes of the Regular Council Meeting of September 8, 2008 were unanimously approved by motion of Mr. McGlumphy, seconded by Mrs. Williams and bore the written approval of Mayor Carey.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1156 SOUTH GOVERNORS AVENUE, OWNED BY PILGRIM HOLINESS CHURCH AND THE CHURCH OF CHRIST, INC.
An annexation referendum was held for property located at 1156 South Governors Avenue, containing 1.074+/- acres, owned by Pilgrim Holiness Church and the Church of Christ, Inc.
Referendum Results
The City Clerk reported that the referendum was held on September 11, 2008 and that there was one (1) vote cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. McGlumphy and unanimously carried.
Annexation
By motion of Mr. McGlumphy, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote (Mr. Leary absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area that will be contiguous to the present City Limits, upon annexation of 1156 South Governors Avenue, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Parcel No. 1 (ED-00-086.05-01-08.02-000)
All that certain lot, piece, or parcel of land with improvements thereon erected, situated in the East Dover Hundred, Kent County State of Delaware, lying on the northerly side of South Governors Avenue but not adjacent to, being bounded on the north by lands now or formerly of Nancy H. Kelly, on the east by lands now or formerly of Diamond State Telephone, on the south by other lands of CGS, LLC, and on the west by a 10 foot wide entrance right of way, and being more particularly bounded and described in accordance with a recent survey prepared by Becker Morgan Group, Inc. Dated April 4, 2008, as follows to wit:
Beginning at a found iron rod at a corner for this parcel and in line with lands of Diamond State Telephone, said point beginning being the following four courses and distances as measured from the centerline intersection of South Governors Avenue and Lynnhaven Drive; South 03°32'40" West a distance of 110.3 feet, thence curving to the right on the arc of a circle having a radius of 1,145.9 feet and an arc length of 532.8 feet, thence North 59°49'03" West a distance of 32.0 feet to a point in line with the northerly right of way of South Governors Avenue at a corner for other lands of CGS, LLC and said lands of Diamond State Telephone, thence North 53°25'57" West a distance of 162.66 feet to said point of beginning; thence turning and running with the said other lands of CGS, LLC 1) South 36°04'03" West a distance of 142.00 feet to a found iron rod at a corner for this parcel and the southeast corner of 10' wide entrance right away; thence turning and running with said entrance right of way 2) North 53°55'57" West a distance of 228.40 feet to a point at a corner for this parcel and lands of Nancy H. Kelly; thence turning and running with said lands of Kelly 3) North 41°36'42" East a distance of 144.55 feet to a point at a corner for this parcel and in line with lands of Diamond State Telephone; thence turning and running with said lands of Diamond State Telephone 4) South 53°25'57" East a distance of 214.44 feet to the point and place of beginning and containing 31,655 square feet of land, be the same more or less.
Parcel No. 2 (ED-00-086.05-01-10.00-000)
All that certain lot, piece, or parcel of land with improvements thereon erected, situated in the East Dover Hundred, Kent County, State of Delaware, lying on the northerly side of South Governors Avenue, being bounded on the north in part by a 10 foot wide entrance right of way and in part by other lands now or formerly of CGS, LLC, on the east by lands now or formerly of Diamond State Telephone, on the south by South Governors Avenue, and on the west by lands now or formerly of Church of Christ, and being more particularly bounded and described in accordance with a recent survey prepared by Becker Morgan Group, Inc. Dated April 4, 2008 as follows to wit:
Beginning at a point in line with the northerly right of way of South Governors Avenue at a corner for this parcel and lands of Diamond State Telephone, said point beginning being the following three courses and distances as measured from the centerline intersection of South Governors Avenue and Lynnhaven Drive; South 03°32'40" West a distance of 110.3 feet, thence curving to the right on the arc of a circle having a radius of 1,145.9 feet and an arc length of 532.8 feet, thence North 59°49'03" West a distance of 32.0 feet to said point of beginning; thence running with the northerly right of way of South Governors Avenue the following two courses and distances 1) curving to the right on the arc of circle having a radius of 1,113.92 feet and an arc length of 112.60 feet, chord bearing of said arc being South 33°04'42" West a distance of 112.55 feet to a point; thence continuing 2) South 35°58'27" West a distance of 38.18 feet to a point at a corner for this parcel and lands of Church of Christ and the southwest corner of a 10 foot wide ingress/egress easement; thence turning and running with said lands of Church of Christ and the southerly side of a 10 foot wide ingress/egress easement 3) North 53°55'57" East a distance of 168.59 feet to a point at a corner for this parcel and lands of Pilgrim Holiness Church and the southwest corner of a 10 foot wide entrance right of way; thence turning and running in part with said entrance right of way and in part with other lands of CGS, LLC 4) North 36°04'03" East a distance of 152.00 feet to a found iron rod at a corner for this parcel and in line with the lands of Diamond State Telephone, thence turning and running with said lands of Diamond State Telephone 5) South 53°25'57" East a distance of 162.66 feet to the point and place of beginning and containing 25,270 square feet of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 23rd day of September, 2008 at 12:01 a.m. o'clock.
ADOPTED: SEPTEMBER 22, 2008
Public Hearing - Zoning Classification
Mrs. Townshend, Director of Planning and Inspections, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended that the zoning classification of this property be approved as C-2A (Limited Central Commercial) upon annexation.
Mr. McGlumphy moved that the final reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of July 14, 2008).
Mrs. Townshend advised members that several documents indicate an incorrect acreage of 1.074 +/- for the property. Upon recalculation, it was determine that the actual acreage totals 1.457 +/- .
Council President Hogan declared the public hearing open. There being no one present wishing to speak, Council President Hogan declared the public hearing closed.
Mr. McGlumphy moved that the property be zoned C-2A (Limited Central Commercial) as recommended by the Planning Commission. The motion was seconded by Mrs. Williams and by a unanimous roll call vote (Mr. Leary absent), Council adopted Ordinance #2008-34, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1156 SOUTH GOVERNORS AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from BG - General Business and RS-1 - Single Family Residence (Kent County zoning classifications) to C-2A - Limited Central Commercial (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from BG - General Business and RS-1 - Single Family Residence (Kent County zoning classifications) to C-2A - Limited Central Commercial (City of Dover zoning classification) on that property located at 1156 South Governors Avenue, consisting of 1.457+/- acres, owned by Pilgrim Holiness Church and the Church of Christ, Inc.
ADOPTED: SEPTEMBER 22, 2008
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1154 SOUTH GOVERNORS AVENUE, OWNED BY CGS, LLC
An annexation referendum was held for property located at 1154 South Governors Avenue, containing 1.313+/- acres, owned by CGS, LLC.
Referendum Results
The City Clerk reported that the referendum was held on September 11, 2008 and that there was one (1) vote cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. McGlumphy and unanimously carried.
Annexation
By motion of Mrs. Williams, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote (Mr. Leary absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City Limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Parcel No. 1 (ED-00-086.05-01-06.00-000)
ALL that certain lot, piece, or parcel of land and premises, situated in East Dover Hundred, Kent County and State of Delaware, and lying northwesterly of but not adjacent to Alternate U.S. Route 13, formerly U.S. Route 13, leading from Dover to Camden, adjoining lands of R.W. Deats on the southwesterly side, a ten (10) foot wide right of way on the northeasterly side, lands now or formerly of Counselman and Domings on the northerly side, and lands of Church of Christ, Inc. – on the southerly side, and more particularly described as follows, to-wit:
BEGINNING at a stake set in line of lands of R.W. Deats, said stake being the northwesterly corner for lands of Church of Christ, Inc., and the southwesterly corner for the lands herein conveyed, and said stake being one hundred sixty-seven (167) feet northwesterly from the northwesterly right-of-way line of the aforesaid highway leading from Dover to Camden; thence running with the line of lands of R.W. Deats north thirty-three (33) degrees forty-one (41) minutes West two hundred sixty-one (261) feet to another stake in line of lands of R.W. Deats, at a corner for these lands and for lands now or formerly of Counselman and Demings, and said stake being at the northwesterly corner of the lands herein conveyed; thence running with line of lands now or formerly of Counselman and Demings north sixty-one (61) degrees forty-nine (49) minutes east about one hundred and five-tenths (100.5) feet to a point in line of lands now or formerly of Counselman and Demings, and at the northwesterly corner of a ten (10) foot wide right-of-way, said corner being the northeasterly corner for the lands herein conveyed; thence running with the southwesterly line of said ten (10) foot wide right-of-way south thirty-three (33) degrees forty-one (41) minutes east about two hundred fifty and four tenths (250.4) feet to a point in line of lands of Church of Christ, Inc. at a corner for the lands herein conveyed and lands of Church of Christ, Inc. and said corner being the southeasterly corner for the lands herein conveyed; thence running with lien of lands of Church of Christ, Inc. south fifty-six (56) degrees nineteen (19) minutes west a distance of one hundred (100) feet back to the place of beginning, be the contents thereof whatsoever they may;
Together with full and free right and privilege at all times hereafter and for all lawful purposes of the parties of the first part, their heirs, executors, administrators, and assigns, in common with the Mortgagor, its successors and assigns, to pass and re-pass over and upon a roadway or right-of-way ten (10) feet wide extending from South Governors Avenue Extended northwesterly along line of lands of Church of Christ, Inc. line of lands now or formerly of Counselman and Demings, line of lands of John A. Dick and wife, and with lien of lands hereinabove described, a distance of approximately four hundred seventeen and four-tenths (417.4) feet to a plot of land now or formerly of Counselman and Demings and designated as Trailer Park on Plot of Hill Top Home, which plot is of record in the office of the recorder of Deeds, at Dover, in Plot Book 2, Page 110;
AND BEING the same lands and premises which were conveyed to the said Jerry O. Reynolds and Joan Bixler Reynolds, his wife, by deed of Frederick R. Knox and Jannie J. Knox, his wife, bearing date the Twenty-seventh day of July, A.D., 1956, of record in the Office of the recorder of Deeds, in and for Kent County and State of Delaware, in Deed Record Book G, Vol., 21, Page 443, etc.
Parcel No. 2 (ED-00-086.05-01-11.00-000)
ALL that certain lot, piece or parcel of land and premises situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of the State Highway landing from Dover to Camden, being an extension of Governors Avenue, bounded on the northeast by a roadway or right of way ten (10) feet wide, on the southeast by the aforesaid State Highway, on the southwest by lands of Archie Stubbs and R.W. Deats, and on the northwest by lands now or formerly of Frederick R. Knox, the mates and bounds, courses and distances whereof are as follows, to wit:
BEGINNING at a point in the northwesterly right of way line of said State Highway, a corner for the lands hereby conveyed and lands of Archie Stubbs; thence with said Stubbs lands and in part with lands of R.W. Deats north thirty-three (33) degrees forty-one (41) minutes west a distance of one hundred sixty-seven (167) feet to a new corner now established; thence by a new line now established separating the lands hereby conveyed from lands now or formerly of Frederick R. Knox north fifty-six (56) degrees nineteen (19) minutes east a distance of one hundred (100) feet to another corner for these lands in the southwesterly line of said right of way; thence with said right of way south thirty-three (33) degrees forty-one (41) minutes east a distance of one hundred sixty-seven (167) feet to another corner for these lands in the northwesterly right of way line of said State Highway; thence with said right-of-way line south fifty-six (56) degrees nineteen (19) minutes west a distance of one hundred (100) feet to the place of BEGINNING, containing sixteen thousand seven hundred (16,700) square feet of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 23rd day of September, 2008 at 12:01 a.m. o'clock.
ADOPTED: SEPTEMBER 22, 2008
Public Hearing - Zoning Classification
Mrs. Townshend, Director of Planning and Inspections, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as C-2A (Limited Central Commercial) upon annexation.
Mr. McGlumphy moved that the final reading of the proposed rezoning ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of July 14, 2008).
Council President Hogan declared the public hearing open.
Mr. Greg Moore, Becker Morgan Group - 309 S. Governors Avenue, stated that he was present along with Mr. Strickland of L&W Insurance and advised members that Mr. Strickland’s intention is to build a new, modernized building for the purpose of expanding his insurance company.
There being no others present wishing to speak, Council President Hogan declared the public hearing closed.
Mr. McGlumphy moved that the property be zoned C-2A (Limited Central Commercial) as recommended by the Planning Commission. The motion was seconded by Mrs. Russell and by a unanimous roll call vote (Mr. Leary absent), Council adopted Ordinance #2008-35, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1154 SOUTH GOVERNORS AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from BG - General Business and RMH - Residential Manufactured Home (Kent County zoning classifications) to C-2A - Limited Central Commercial (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from BG - General Business and RMH - Residential Manufactured Home (Kent County zoning classifications) to C-2A - Limited Central Commercial (City of Dover zoning classification) on that property located at 1154 South Governors Avenue, consisting of 1.313+/- acres, owned by CGS, LLC.
ADOPTED: SEPTEMBER 22, 2008
PUBLIC HEARING - PROPOSED RESOLUTION (2008-16) (PREVIOUSLY ORDINANCE #2008-37) - AUTHORIZING STAFF TO PERMIT RELOCATION OF NON-CONFORMING SIGNS (SOUTH GOVERNORS AVENUE)
During their Regular Meeting of August 28, 2008, Council considered the Legislative, Finance, and Administration Committee’s recommendation for adoption of proposed Resolution #2008-16 (previously proposed ordinance #2008-37) that would allow the City Planner to administratively approve relocation of legal non-conforming signs that must be relocated due to the South Governors Avenue improvements, so long as the degree of non-conformity not be increased and that a public hearing be set by Council prior to its adoption. Accordingly, Council set a public hearing for this time and place to consider the proposed Resolution.
Mrs. Townshend reminded members of the significant roadway improvements currently underway on South Governors Avenue. In several areas of the corridor, the Department of Transportation has had to acquire right-of-way to expand the road. In some cases, she explained that this requires relocation of existing signs, some of which are currently legal non-conforming. As the improvements to South Governors Avenue present an extenuating circumstance, staff would like to address the relocation of non-conforming signs administratively, rather than potentially inundating the Board of Adjustment with variance requests.
Mrs. Townshend stated that the proposed resolution would allow the City Planner to administratively approve relocation of legal non-conforming signs that must be relocated due to the South Governors Avenue improvements, so long as it would not increase the degree of non-conformity.
Council President Hogan declared the public hearing open. There being no one present wishing to speak, Council President Hogan declared the public hearing closed.
Mr. McGlumphy moved for adoption of proposed Resolution #2008-16 that would allow the City Planner to administratively approve relocation of legal non-conforming signs that must be relocated due to the South Governors Avenue improvements, so long as the degree of non-conformity is not increased. The motion was seconded by Mrs. Williams and by a unanimous roll call vote (Mr. Leary absent), Council adopted Resolution #2008-16, as follows:
WHEREAS, the Delaware Department of Transportation is making significant changes to Governors Avenue which includes acquisition of additional right-of-way from property owners and widening of the roadway which will require many signs to be moved, many of these signs already being legal non-conforming signs; and
WHEREAS, the necessity for relocation of the signs is not being caused by the property owners but by the widening of the roadway over which the property owners have no control; and
WHEREAS, Council has determined that the sign relocation for each individual property owner should be controlled by the City Planner and her staff working with each individual property owner for relocation of the signs upon the condition that there cannot be any increase in the non-conformity of each sign; and
WHEREAS, the final approval by the City Planner and her staff for each individual sign shall be conclusive for the property owner to maintain the sign at its approved location and condition.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1.The City Planner and her staff shall oversee the relocation of non-conforming signs required to be relocated due to the widening of South Governors Avenue and in accordance with the terms of this Ordinance, she and her staff shall issue final approval for the relocation of each sign upon the condition that the signs shall remain legal non-conforming, as the case may be, and there is no increase in their non-conformity.
ADOPTED: SEPTEMBER 22, 2008
UTILITY COMMITTEE REPORT - SEPTEMBER 8, 2008
The Utility Committee met on September 8, 2008 with Chairman Ruane presiding.
Comcast FCC Filing Forms 1240 and 1205
Mrs. Mitchell, Controller/Treasurer, advised members that on August 1, 2008, Comcast filed FCC Form 1240 related to the cost of service for basic cable service and Form 1205 related to cost of equipment installation and service charges. In accordance with the Franchise Agreement, these forms were filed with the City and the City has ninety (90) days to act on these forms. She advised members that copies of the detailed forms are available in the City Manager’s Office and reviewed a summary of the rate changes proposed in Form 1240 and 1205, as follows:
1.The basic service maximum permitted rate allowed by the calculations on the form is $21.38. This is up from the $20.85 rate in last year’s filing.
2.The current rate is $18.75, which may be raised to $20.75.
3.The maximum permitted rate for equipment and installation has decreased for many of the services (see attached Comcast Form 1205 – Installation & Equipment Rates).
4.If Comcast is under the maximum permitted rate, and they wish to increase rates, they will notify us sixty (60) days in advance of the increase. Comcast also advertises a Public Notice of Rate changes in the Delaware State News.
5.Any rate changes will go into effect November 1, 2008.
6.The City’s Franchise Agreement does not cover Premium Services, only Basic Cable.
7.The Public Service Commission regulates rates on unincorporated areas.
Staff recommended adoption of FCC Forms 1240 and 1205 as filed.
The committee recommended approval of staff’s recommendation.
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. Leary absent).
Proposal to Review Electric Financial and Rate Model and Training
Mrs. Mitchell, Controller/Treasurer, advised members that Burns & McDonnell provided a proposal to review the City’s 2008 Electric Fund financial results and compare them to the projections in the Rate Setting Model. She explained that this is being requested to validate the accuracy of the model and work through any issues that may come to light. Training was also requested to enable the City staff to develop future rate changes and maintain the City’s debt requirements.
Members were provided the proposal from Burns & McDonnell to perform review services for the City of Dover Electric System financial forecasts. Mrs. Mitchell noted that Burns & McDonnell proposes to perform the review services for an estimated fee of $12,500. This fee is based on approximately 120 man-hours for completing the required effort. This estimate does not include any expenses associated with a trip to Dover. If the work can be completed for less than the estimated fee, the City will only be billed for the actual costs incurred to complete the services. She noted that the optional model training services can be provided for an additional fee of $4,100. This fee includes expenses associated with travel for the one day training session in Dover. Mrs. Mitchell indicated that the fees for the proposal will be paid for through the 2008 Electric Bond Issue.
Staff recommended acceptance of the Burns & McDonnell Proposal at a cost of $16,600.
Responding to Mrs. Williams, Mrs. Mitchell stated that the fee for this proposal is less than last year’s fee since the rate model has already been completed. Mrs. Williams requested that staff provide information regarding last year’s fees (City Clerk’s Office Note: According to the Controller/Treasurer, the total cost paid for the recent update of the Forecast Model and Rate Study for the Electric Utility was $21,449.79.)
The committee recommended approval of staff’s recommendation for acceptance of the Burns & McDonnell Proposal at a cost of $16,600.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Leary absent).
2030 Energy Committee - Briefing and Scheduling of Request for Proposals - Power Supply
The 2030 Energy Plan Committee was created approximately two (2) years ago for the purpose of exploring ways of replacing or creating electric generation for the City of Dover for the future. Mr. Ruane reminded members that the 2030 Energy Committee has been requested to provide periodic updates, particularly at times when there are significant efforts being made.
Mr. Lunt, Public Utilities Director, advised members that at this time, the 2030 Energy Committee is in the process of issuing a request for proposals for power supply and reviewed an RFP Status and Selection Criteria Presentation.
Mrs. Williams questioned the actual percentage of the Garrison Tract that would be utilized if selected as the site for the plant. Responding, Mr. Lunt indicated that although approximately 30-40 acres would be required, which is less than 10% of the tract, only a portion of those acres would be utilized for the plant itself. He also confirmed that if the Garrison Tract is selected for the site, the plant would not be disharmonious with any other uses of the property.
Mr. DePrima suggested that use of the City’s Quarterly Newsletter as well as inserting a flyer into the electric bills, as a means of notifying the public of the City’s initiatives in this regard.
In response to Mr. Ruane, Mrs. Williams explained that the intention of her motion was to educate the residents of Dover by providing general information regarding the City’s efforts to address energy. She explained that this is an issue being discussed and addressed nationally and felt that it would be beneficial for the City to advise the residents of the steps being taken by the City rather than waiting for the federal government to act.
The committee recommended that the 2030 Energy Committee begin to educate the public regarding the City’s efforts to address electric generation issues for the City of Dover for the future.
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. Leary absent).
Relaying concern that the location of the site (within the City of Dover) is not included as a criteria factor, Mr. Ruane suggested that the 2030 Energy Committee consider its inclusion. Responding, Mr. DePrima stated that although the location is not included as a factor in the presentation, he assured members that it has always been considered a very important factor.
In response to Mr. Snaman, Mr. Lunt stated that the determination of a gas fired plant has been left open for the respondents to provide their opinion as to the best solution for the City in this regard.
Responding to Mr. Ruane, Mr. Lunt stated that the use of coal has not been excluded. It was noted that environmental considerations is included as a factor in making the final determination.
Regardless of the plant’s location, Mr. Cregar explained the importance of all the zoning and planning and other review processes included in the zoning ordinance. Mr. Ruane recollected that members had previously suggested that the 2030 Energy Committee meet with the Planning Department to review these issues. Mrs. Williams noted that such a meeting should not occur until the location has been determined.
Mr. Lunt stated that there is an estimated minimum three (3) year time line for the building of the plant. Mr. Ruane requested that members be kept abreast of the time line for this project.
The committee recommended acceptance of the Report provided by the 2030 Energy Committee.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation to accept the report provided by the 2030 Energy Committee (Exhibit #4), seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Leary absent).
By consent agenda, Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Leary absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - SEPTEMBER 8, 2008
The Legislative, Finance, and Administration Committee met on September 8, 2008 with Chairman Slavin presiding.
Dependent Vision Coverage
Members were advised that the City currently provides employees with City paid vision insurance; however, it does not offer its employees dependent vision insurance coverage. In an effort to remain competitive in recruiting, Mrs. Hawkins, Human Resources Director, suggested that the City offer employee paid dependent vision coverage. Mr. DePrima, City Manager, explained that the added benefit could not only be an additional recruiting tool, but could also serve as a morale builder for current employees. He noted that the State of Delaware has offered an employee paid dependent vision insurance plan for a few years and that Kent County offers dependent vision insurance on all of its health insurance plans.
Mr. DePrima indicated that the representative from the City’s current vision insurance carrier has provided monthly costs for employees to obtain dependent vision coverage. The coverage would be the same coverage that the employees currently enjoy. Coverage would be offered to all full-time employees and regular part-time employees working 20 hours or more per week (which is consistent with hours required for all other benefits). Mr. DePrima noted that the action form incorrectly reflects “30” hours. The benefit would require the employee to be financially responsible for the dependent premium, less the cost of employee coverage only. The City currently pays the employee premium.
Mr. DePrima stated that this would be a great benefit to offer to our employees, especially since it would not directly cost the City any additional expenses in regards to premiums. The labor involved with the administration of the plan for the Human Resource Department would be the greatest during the initial enrollment; afterwards the process will become more routine. The Finance Department will have ongoing responsibilities in processing the payroll deductions, accounting, reconciling additional ledger accounts and invoices, and paying the vendor.
Mr. DePrima explained that employees will have the option to have their premiums deducted from their paycheck on a pre-taxes basis and that the City would save 7.65% in Social Security and Medicare taxes on the premium (it was noted that the action form does not indicate that the pre-tax basis is an option). The savings would be small since the premiums are small; however, the savings could be utilized to off-set the labor expense. Staff provided members with a chart that details the financial cost for employees.
Staff recommended that the City Manager be authorized to implement an employee paid dependent vision insurance benefit. It was noted that this insurance would be implemented by December 31, 2008.
Responding to Dr. Jones, Mrs. Hawkins indicated that the only financial implications for the City would be for the labor costs involved for the Human Resources and Finance Departments. Mrs. Mitchell, Controller/Treasurer, indicated that approximately one (1) hour per month would be required of staff for accounting and three (3) to four (4) hours would be required for the initial set-up for the program.
Mr. McGlumphy requested that prior to January 1st, staff provide a complete analysis of all the benefits provided to employees. He also suggested a comparison of the City’s benefit package with the State of Delaware and Kent County.
The committee recommended approval of staff’s recommendation authorizing the City Manager to implement an employee paid dependent vision insurance benefit for full-time and regular part-time employees working 20 hours or more per week.
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. Leary absent).
Actuarial Analysis - Workers’ Compensation Self Insurance Fund
Mrs. Mitchell, Controller/Treasurer, advised members that the City of Dover is self-insured for Workers Compensation and has established a separate fund to account for these activities. The City recently engaged AMI Risk Consultants, Inc. to perform the following functions for its self-insured workers’ compensation fund:
•Estimate the funding requirements at December 31, 2007 to comply with the Government Accounting Standards Board Statement Number 10 (GASB 10). Estimate the funding requirements at the expected (average) level and at the 75% and 90% confidence levels.
Results – Expected $754,000; 75% $907,000; 90% $1,128,000
•Project the funding requirement as of December 31, 2008 in accordance with GASB 10. Estimate the funding requirements at the expected (average) level and at the 75% and 90% confidence levels.
Results – Expected $763,000; 75% $918,000; 90% $1,141,000
•Estimate the ultimate losses for new claims occurring during prospective fiscal accident year 2008 – 2009. Estimate the funding requirements at the expected (average) level and at the 75% and 90% confidence levels. (Please note – For cash flow purposes, payments are made for old and new claims; these are new claims only)
Results – Expected $505,000; 75% 608,000; 90% 755,000
•Review current workers’ compensation rates and provide recommended changes.
Result – Revised rates are lower and should provide approximately $100,000 total in savings.
Mrs. Mitchell explained that the funding requirements include liabilities retained for claims, claim adjustments, incurred but not reported claims, credit for investment income, and contingencies for adverse results. The requirements do not include general and administrative expenses of the program. The actuarial study was conducted based on the Claims Administrator’s records of past claims experience, open claims, and payroll information provided by the Finance Department.
Mrs. Mitchell indicated that the City has budgeted $400,000 (cash payments) for claims in FY09 and has a projected Budget Balance of $1,261,000. The current funding level is in line with the study and no action is required.
Staff recommended acceptance of Actuarial Study.
No further action was taken by the committee or City Council.
IUE-CWA Contract Amendment - Uniforms
Mrs. Hawkins, Human Resources Director, advised members that, for many years, the City budgeted $300 per Code Enforcement Officer for reimbursement of docker type pants and the City’s cost of providing shirts instead of utilizing leased uniforms. In recent months, the uniform process was changed in order to provide adherence to the uniform provision in the collective bargaining agreement. As a result, the Code Enforcement Officer would be required to wear leased docker type pants rather than the purchased docker type pants. The union approached the Human Resources Director and requested that Code Enforcement Officers be extended the same benefit as their Communication Operators. Communication Operators are provided in the labor agreement a yearly allowance of $150 for pants rather than leased uniforms. The City provides the Communication Operators with an appropriate uniform shirt. This practice has existed since March 2001.
After discussing the Union’s suggestion with all effected supervisors, Mrs. Hawkins stated that it was agreed that the City should approve the Union’s request. The Controller’s request for one annual payment of the allowance rather than two payments of $75 was agreed to as well. The reduced allowance that the Union is suggesting is equal to or less than the cost for the leased uniforms, and is significantly less than the past practice.
Members were provided proposed amendments to the contract language. Mrs. Hawkins advised members that the Union, by way of official letter, has accepted the contract languages as indicated.
The committee recommended approval of the amended contract language, as recommended by staff.
By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #5), seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Leary absent).
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 (Mr. Leary absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - SEPTEMBER 9, 2008
The Parks, Recreation, and Community Enhancement Committee met on September 9, 2008 with Chairwoman Russell presiding.
CDBG Program - Status of Contracts
As requested during their meeting of August 25, 2008, staff provided members with details regarding the status of FY2007 and FY2008 CDBG Projects.
Mrs. Townshend, Director of Planning and Inspections, advised members that since the preparation of the report, the 2008 funding available has been released; therefore, she assured members that the information regarding the 2008 funding available would be forwarded to members.
Responding to Mr. Ruane, Mrs. Harvey, CDBG Director, stated that all grant recipients are prepared to sign contracts and to begin expending funds immediately, with the exception of Dover Interfaith Ministry since they are in the process of finding a location for the shelter. Mrs. Townshend stated that she is scheduled to meet with representatives to discuss possible sites for the shelter; however, it is unlikely that Dover Interfaith Ministry will be in a position to expend funds upon signing their contract.
Mrs. Townshend reminded members that RC&D Emergency Home Repairs tend to expend their funds during the winter months due to the nature of the projects.
With regards to the Housing and Recovery Act of 2008, Mrs. Harvey advised members that the State of Delaware will receive $19.6M for the purchase and redevelopment of abandoned and vacant homes. She advised members that an informal meeting was held with the Dover Housing Authority to obtain information regarding the distribution of these funds. She stated that it has not been determined how much of these funds will be allocated to the City of Dover. Additional planning is necessary, as well as submission of an Action Plan. Once the money is received, she stated that the City of Dover will have 18 months to expend the funds. Mrs. Harvey stated that these funds are anticipated to be received by the City in November 2008.
Mr. Ruane requested that staff provide members (in an e-mail format) information submitted by HUD on how the funds are to be expended. To assure members are kept abreast of this issue, Mr. Ruane requested that “Housing and Recovery Act of 2008 Funds” be a standing agenda item.
The committee recommended acceptance of the CDBG/Housing and Recovery Act of 2008 Programs.
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. Leary absent).
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, advised members that the Puncheon Run Watershed Action Team has not met since the last update was provided; therefore, there were no changes to report.
Responding to Mr. Ruane, Mr. Koenig reminded members that there is a draft proposal from URS that is currently unfunded and that he will be meeting with DNREC to determine their funding ability. The map revision is on hold until there is an “as-built” drawing of the Puncheon Run bridge.
The committee recommended acceptance of the Puncheon Run Watershed Action Team Update.
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. Leary absent).
Planning and Funding for New Library
Members were provided update information regarding the planning and funding for the new Library.
Mr. Carter, Parks and Recreation Director, stated that he would be going before the State Council on Libraries the next day in hopes of obtaining funds in the amount of $3.7M to $3.8M for next year. He also indicated that Holzman Moss Architecture is scheduled to be in town on September17th.
At the request of Mr. Ruane, Mr. Carter stated that he expects to receive a calendar of the public meetings next week and assured members that he would forward it to members upon receipt. He also stated that there will be an Open House at the Library on September 17, 2008 from 4:00 p.m. to 6:00 p.m. to provide everyone the opportunity to meet the new Library Director, Ms. Margery Cyr.
The committee recommended acceptance of the Planning and Funding for New Library Update.
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. Leary absent).
2008 Comprehensive Plan Update
Mrs. Townshend, Director of Planning and Inspections, indicated that the State Planning Office conducted the Plus Review for the City’s Draft 2008 Comprehensive Plan last week and that there were no major unanticipated issues. Staff expects to receive the State’s comments by the end of September or the first of October. She advised members that staff continues to work on the public comments and intends to have the Final Draft completed by mid-October to be forwarded for public hearings.
In response to Mr. Ruane, Mrs. Townshend stated that there were two (2) issues anticipated by staff, as follows:
1)Annexation of Lands East of State Route 1, most of which are lands of the Dover International Speedway - campgrounds associated with the race operations. Dover International Speedway had requested that these lands be included in the annexation area. However, staff put a land use designation of agricultural with the anticipation of amending the agricultural zoning district to allow that as a use, which would allow Dover International Speedway to request annexation. Mrs. Townshend stated that the Department of Agriculture is very opposed to this concept. She reminded members that the Annexation Chapter of the Plan was reviewed by the Legislative, Finance