REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 10, 2006 at 7:36 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mrs. Russell, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
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.
Ms. Sandy Kinkus, 365 Fiddlers Green, addressed members as Vice-President of the MCWMII Civic Association and relayed concern with the issue of parking of RV’s, campers, boats, etc. on residential properties. It is realized that the City is growing and she applauds the enforcement efforts that are taking place throughout the City, for without them, it would take away from the beauty of the City. Realizing that there are many new developments in the City, Ms. Kinkus requested that City officials pay attention to existing neighborhoods and that the quality of life for these residents be maintained.
Mr. Douglas Miller, 313 Post Boulevard, stated that he was representing the residents of the City that own campers, boats, and RV’s and asked those in attendance to stand (estimated 20-30 people). He relayed concerns with the 1983 ordinance (Article 6, Section 1), feeling that there are several problems including fairness and discrimination. They felt that the law interferes with the rights of property owners. In their opinion, the law was not established as a result of safety, health, or property value issues, but from personal biases of individuals forcing their will on others. Many of these residents have had campers on their property for several years and some since 1972; therefore, it is apparent that the ordinance has not been uniformly enforced, only selectively. Mr. Miller stated that it appears that only a few neighborhoods have been selected for enforcement of the ordinance, and only recently. The Code Enforcement officials are only providing 30 days for residents to comply with the regulations, which is not a sufficient amount of time. He also noted that the screening requirements are flawed; they are confusing, misleading, and invoke contradictory interpretations. He suggested that consideration should be given to the time of year when a resident is mandated to comply with the screening requirements, explaining that during the winter months, it would be difficult to grow vegetation or construct some type of screening. Mr. Miller suggested that the screening requirements give consideration to the property lot size. He advised members that storage facilities for RV’s are inadequate, unsafe, etc. and that there are problems with insurance, financing, and the ability to perform maintenance.
Mrs. Fran Hettinger, 63 Sackarackin Avenue, questioned why City officials would prohibit residents from parking their motor homes, trailers, or boats on their own property, which they pay taxes on. She suggested that members of Council review the ordinance and consider amendments that would relax some of the restraints.
Ms. Barbara Schutz, 1098 Garfield Drive, questioned why 10 years ago, a City inspector required to move her RV from the street. At that time, the inspector suggested that the RV be parked in the rear of her home where no one would be able to see it from the street. Now, City inspectors are requiring her to move it again. Although it is not her desire, due to family illnesses, Ms. Schutz stated that she is not able to fight the issue; therefore, she has elected to part with owning the RV.
Mr. James Fogell, 360 Nimitz Road, advised members that he moved into the City in 1968 and specifically asked, prior to purchasing his home, if there were any restrictions for maintaining a camper or boat. At that time, he was advised that the only requirement is that they be kept back from the front of the house. He has had a camper and boat ever since and questioned how the City can make property owners make changes accordingly.
Ms. Ginny Bessette, 399 Fiddlers Green, stated that she has resided at this location since 1974 and feels that it is a beautiful area of the City. Unfortunately, she stated that this is changing, explaining that the neighborhood is becoming unsightly. It is her desire for the neighborhood to remain beautiful and to preserve their property values. If this requires enforcement of the City Code, then residents should be required to meet these requirements.
Mr. Tony Hummel, 476 Fiddlers Green, stated that he prefers to comply with City rules and regulations. However, it appears that the City has selectively chosen to enforce the parking of campers, trailers, boats, etc. regulations as well as its enforcement in certain neighborhoods. He stated that there are other regulations not being enforced such as the trash pickup, dumping of leaves in parks, and many other ordinances that are not being enforced. It was his opinion that the City is enforcing this regulation in his neighborhood because one of their residents is a member of Council.
Mrs. Sandra Bartsch, 721 S. Halsey Road, advised members that she owns a trailer that houses a very expensive antique automobile, which is located in the rear of the home. When she was looking into the regulations for maintaining such a trailer in 1990, she was advised that as long as none of her neighbors complained, there would be no enforcement. She questioned where the 1983 law was in 1990 when she was advised that she would not have to worry about the situation. To address the concerns of defacement of the neighborhood, Mrs. Bartsch stated that there are other laws that the City should concentrate on that are more detrimental, such as trash, leave collections, abandoned vehicles, dilapidating fencing, etc.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Sadusky and unanimously carried.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 27, 2006
The Minutes of the Regular Council Meeting of March 27, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
DONATION OF PAINTING - FRANK DEPUTY
Mayor Speed and Mr. DePrima unveiled a painting of “Hotel Richardson, October 1929" donated by the artist, Mr. Frank Deputy. Mayor Speed introduced Mr. Deputy, who is employed by the City of Dover as a heavy equipment operator in the Utility Construction Division. Mayor Speed also presented a painting of the Capital Theater (now known as the Schwartz Center) which was previously donated by Mr. Deputy and has been on display in the Mayor’s Office.
Mr. Deputy advised members that he enjoys painting; however, his passion is to recreate historic buildings, housing, etc. from black and white photographs and adding color to them. He noted that this is a beautiful City that currently has and had historical buildings that add character.
ANNUAL REPORT PRESENTATION - PLANNING AND INSPECTIONS
The Planning and Inspections Department submitted their Annual Report to City Council during their Regular Meeting of March 27, 2006. At the request of the Mayor and Council, Mr. Koenig, along with Mrs. Townshend, provided a Power Point Presentation (Exhibit #1), depicting highlights of the report.
PROCLAMATION - HOLOCAUST REMEMBRANCE DAY
The City Clerk, Mrs. Green, read the following Proclamation into the record:
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and
WHEREAS, we should always remember the terrible events of the Holocaust and remain vigilant against, hatred, persecution, and tyranny; and
WHEREAS, we the people of the City of Dover should actively rededicate ourselves to the principles of individual freedom in a just society; and
WHEREAS, the Days of Remembrance have been set aside to remember the victims of the Holocaust and to understand the need for respect of all peoples, no matter their race, religion or ethic group; and
WHEREAS, pursuant to an Act of Congress, on October 7, 1980, the U.S Holocaust Memorial Council designates yearly Days of Remembrance for the victims of the Holocaust.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 25, 2006 HOLOCAUST REMEMBRANCE DAY in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Dover should strive to overcome intolerance and indifference through learning and remembrance.
RESOLUTION - SPRING CLEAN UP WEEK
By motion of Mr. Salters, seconded by Mr. Hogan, Council unanimously adopted a Resolution for Spring Clean Up Week, which was read into the record by the City Clerk, Mrs. Green, as follows:
WHEREAS, we are fortunate to live in a City so abundantly blessed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, the Annual Old Dover Days celebration, a period set aside to honor the heritage of the City, will be celebrated on May 5 - May 7, 2006; and
WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the week of April 24 - 28, 2006 is designated as SPRING CLEANUP WEEK in the City of Dover.
2. That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.
3. All Spring Cleanup debris should be placed for pickup along with regular household garbage during the week of April 24 - 28, 2006 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: APRIL 10, 2006
CONSOLIDATED PLAN ADVISORY GROUP REPORT - MARCH 23, 2006
The Consolidated Plan Advisory Group met on March 23, 2006 with Chairman Sadusky presiding.
Review of Grant Applications for Development of Recommendation for 2006 Proposed Community Development Block Grant Projects
During their meeting of March 14, 2006, members were provided a Community Development Block Grant (CDBG) Program Overview and Grant and Program Request for Fiscal Year 2006 which summarized the grant and program requests. The first seven (7) requests were from sub-recipients, which are groups not associated with the City of Dover. The groups listed under the Community Development Office heading are either operated by the City of Dover or operate as a sub-recipient with the City of Dover. It was decided that a special meeting would be held and an orientation would be given defining the Community Development Block Grant, what the goals are, program criteria, funding criteria, and history of past funding and to rank and assign points to each funding request once Mrs. Harvey, Director of Community Development returns. Mr. Ruane suggested that the funding requests be categorized and that staff identify which are public service, new applicants, and repeat applicants. He also requested a list of the federal requirements prior to making recommendations.
During the committee meeting, Mrs. Harvey presented members with a program overview regarding scope and applicability, Consolidated Plan goals, program design and national objectives, eligible CDBG activities, and history of funding levels. It is required that each activity meet at least one of the three national objectives. Mrs. Harvey advised members that the one objective that is being met by all eligible CDBG activities is to benefit low- and moderate-income persons. She provided a history of funding levels, including CDBG fund allocation and program income, and explained that the program income is for loan and grant repayments that the City receives from the settlement assistance program and housing rehabilitation program from applicants who move or sell their property within the ten (10) year period due to liens that have been applied to the property. The 2006 Anticipated Program Income is from two (2) loans that are outstanding which are Delaware Made and Tolano Anderson.
Mrs. Harvey reviewed the status of Fiscal Year 2005 percent of program funds spent to date by applicants, which started July 2005 and will end June 2006. She also noted that Community Policing is on schedule with their spending, City Building ADA Improvements should have their project completed within the next three weeks, and Microenterprise Assistance received roll over money from last year’s funding and have not spent any funds to date but are due a quarterly draw of funds.
Mr. DePrima advised members that the Dover Community Partnership received funds in July 2005 and that since the Partnership is awaiting approval from the State Historic Preservation Office, due to the extensive historic preservation requirements, these funds have not yet been expended. However, he stated that these funds should be expended by the end of September 2006.
Mrs. Harvey noted that RC&D currently has three (3) projects underway and funding should be expended by June 30, 2006. The Housing Rehabilitation Program had some roll over money from last year’s funding with rehabs currently underway. She stated that the waiting list started with 23 projects and now is down to 14 due to people moving out of the City, being ineligible for the program, or becoming deceased. She indicated that currently there are six (6) houses that have not completed rehabilitation and that once these are completed, the waiting list will be reopened.
Mrs. Harvey stated that the Homeownership Assistance Program has completely expended their funds. She also noted that NCall provides the counseling and the City of Dover provides the settlement assistance. Mr. DePrima noted that NCall does not receive any funds from the City of Dover. Responding to Mr. Ruane, Mrs. Harvey stated that in order to receive this assistance, a family would need to purchase a home within the City limits, meet the income guidelines designated by the Section 8 Guidelines of HUD, and go thru a counseling session given by NCall. In this fiscal year, eight (8) families have utilized this assistance with six (6) more to be completed by June 2006. If they move within the ten (10) year period, they will be required to repay a certain percentage of the settlement assistance.
Mr. Ruane suggested that a summary regarding the success that has been achieved by this program be given to Council prior to making their recommendation.
Mrs. Russell suggested that members take a tour of the properties being rehabilitated. Mrs. Harvey stated that she will work on implementing that suggestion for next year.
Responding to Mr. Ruane, Mrs. Harvey stated that once the grant allocation has been determined, an ad will appear in the newspaper in January stating that applicants have thirty days to apply for grant funding. At the end of the thirty day period, the first public hearing will be held.
Mrs. Harvey provided members with photos regarding projects that have been completed or are ongoing within the City as well as Sub-Recipient Grant Request Scoring Sheet. She explained how staff determined the score for each applicant in their performance of past grant funding. Members were advised that in scoring the applicants, it is important to take into consideration the City Mission Statement and Critical Mission Factors.
It was suggested that another meeting should be scheduled to discuss how to improve this program.
During the committee meeting, it was suggested that the committee’s main focus be on housing, homeowner rehabilitation, and assistance in developing their recommendations.
The committee recommended approval of the following grant and program requests for the FY2006 CDBG Program: 1) Homeownership Assistance Program - $60,000; 2) CDBG Program Administration - $57,825; 3) Community Revitalization Infrastructure - $60,000; 4) Homeowner Rehabilitation Assistance Program - $61,300; 5) First State Resource Conservation and Development Council (RC&D) - $25,000; and Dover Community Partnership, Inc. (DCP) - $25,000.
Mr. Carey noted that the Police Department’s request for $25,000 for overtime patrols was not recommended to be granted. Mr. DePrima explained that the $25,000 has been included in next year’s budget for overtime patrols for the Police Department.
Mr. Sadusky moved for approval of the committee’s recommendation, seconded by Mr. Ruane and carried by a roll call vote of eight (8) yes, and one (1) abstention (Mr. Slavin).
Mr. Slavin explained that he has excused himself from all review of the RC&D application because, as a State Historic Preservation Officer, his office is required to review the project.
Mr. Sadusky moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Ruane and unanimously carried.
UTILITY COMMITTEE REPORT - MARCH 27, 2006
The Utility Committee met on March 27, 2006 with Chairman Carey presiding.
Annexation Request - Property Located at 1040 South State Street, Owned by 1040 Properties, LLC
Members were provided the Petition to Annex and Zone Property for property located at 1040 South State Street, consisting of .6303+/- acres, owned by 1040 Properties, LLC (Lands of Robert Fox).
Staff assured members that the City is capable of providing utilities to the parcel, explaining that the cost-revenue analysis showed a positive cash flow to the City in the amount of approximately $5,650 over ten (10) years. Staff recommended annexation of the property.
The committee recommended adoption of a resolution setting the annexation referendum for property located at 1040 South State Street, consisting of .6303+/- Acres, owned by 1040 Properties, LLC.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 located at 1040 S. State Street, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 1040 S. State Street situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 11th day of May, 2006 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: APRIL 10, 2006
Request for Alley Abandonment - Alley Located Between Forrest Avenue and Lincoln Street, East of Bertrand Drive - Union Missionary Baptist Church, Inc.
Members reviewed a request received from Union Missionary Baptist Church, Inc. for abandonment of a 15-foot alley located between Forrest Street and Lincoln Street, east of Bertrand drive and west of Gibbs Drive. The Planning staff reviewed the request and recommended abandonment with conditions. It was noted that there are multiple property owners adjacent to this alley and that it is unimproved. There is an existing drainage easement for a portion of the alley’s length. An overhead electric utility line also transverses the length of the alley. The Electric Department does maintain an existing pole line and will require an easement for the entire length and width of the alley.
Mrs. Townshend advised members that during their meeting of March 20, 2006, the Planning Commission considered the request and heard public testimony from several adjacent property owners who had relayed opposition to the alley abandonment. It was noted that there was no representation of the Union Missionary Baptist Church to address the opposition. The Planning Commission recommended denial of the alley abandonment request.
The committee recommended denial of the request for abandonment, noting that it has been the City’s practice to require consensus from adjacent property owners and there has been opposition relayed by the adjacent property owners for abandonment of the alley.
Since the committee meeting, a letter was submitted from Union Missionary Baptist Church requesting that Council move forward with the alley abandonment request. It was their hope to present their plans to the neighbors to elicit their support.
Members were advised that should they wish to pursue the possibility of the abandonment, the City’s policy requires a public hearing to be held and provides for Council to adopt a Resolution proposing the abandonment and setting the date of the public hearing. After the public hearing, members of Council would then consider adoption of a Resolution abandoning said alley.
Mrs. Russell stated that since the committee meeting, members received a letter from Union Missionary Baptist Church requesting that Council proceed with the alley abandonment. They are in the process of meeting with adjacent property owners to obtain support and should have a response by the public hearing if scheduled by Council.
Mrs. Russell moved to adopt the Resolution setting a public hearing for April 24, 2006 at 7:30 p.m., seconded by Mr. Slavin.
Mr. Slavin noted that representatives of the Union Missionary Baptist Church were present and felt that it may be beneficial for members of Council to allow them to address this issue.
Mr. Slavin moved to suspend the rules to allow for a representative of the Union Missionary Baptist Church to explain their situation, seconded by Mr. Ritter.
Mr. Ruane relayed concern with allowing comments at this time, noting that there would be an opportunity provided for all parties to speak during the public hearing. To assure fairness, he felt that any public testimony should be deferred until the public hearing. City Solicitor Rodriguez concurred; however, felt that it should be the decision of Council.
Responding to Mrs. Russell, Mr. Salters explained that if a public hearing is scheduled, all parties will have the opportunity to defend their positions before City Council.
On a call for the question by Mr. Ritter, the motion to suspend the rules failed by a roll call vote of five (5) no and four (4) yes (Mrs. Russell, Mr. Slavin, Mr. Ritter, and Council President Williams).
The motion to adopt the Resolution setting a public hearing for April 24, 2006 at 7:30 p.m. for the Alley Abandonment, was carried by a unanimous roll call vote and Council adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alleys:
All that certain piece or parcel of land situated in City of Dover, Kent County, State of Delaware, a public alley running north to south connecting Forrest Street and Lincoln Street and located east of Bertrand Drive and west of Gibbs Drive being 15 feet wide and approximately 458 feet in length, comprising 6,870 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, April 24, 2006, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover.
ADOPTED: APRIL 10, 2006
DEMEC Renewable Energy Portfolio Contract
Members were reminded that the State of Delaware created a new law entitled “Renewable Energy Portfolio Standards”, which requires all electric providers in the State to provide a Green Energy Program to their customers. Starting in 2007, a minimum of 1% of the City’s electric supply must be from green energy and this percentage increases to 10% by the year 2019. Dover’s Energy RFP requires a green energy provision; however, no specific arrangements have been made at this time.
As an alternative, the law allows the municipal electric systems in Delaware to create a special Green Energy Fund administered by the Delaware Municipal Electric Corporation (DEMEC). Municipalities must contribute at a rate of $0.178 per megawatt hour. For the City, based on 2005 sales, staff anticipates 731,635 Mwh times $0.178, equaling a total of $130,231. The funds collected will be used to provide partial funding for green energy projects requested by our customers, such as solar heating units, fuel cells, and geothermal heating units.
The Green Energy Program can be funded through costs to the customer and/or the City of Dover. Although other municipalities will reflect these monthly charges on the customer’s utility bill as a special Green Energy Charge mandated by State Legislature, staff has not concluded how these charges will be funded at this time. Staff recommended that the City Manager be authorized to execute an agreement with DEMEC to participate in the Green Energy Fund.
During the committee meeting, Mr. Pat McCullar, DEMEC, stated that the initial intention was to brief members on the action steps to take to implement this new renewable energy standard that the State is instituting. However, he advised members there has been new legislation that substantially changes the provisions of the renewable energy project and green energy fund. He explained that DEMEC will need to evaluate the effects of this new legislation before providing recommendations for implementation. As a result, members have been requested to defer any action; however, they are urged to move forward with executing the agreement with DEMEC so that they can efficiently implement whatever requirements are approved. Mr. McCullar also suggested that members of DEMEC communicate to their customers that “there will be a new green energy program implemented effective June 1, 2006 with details to follow”. Final conditions and terms have not been settled and may not be known for several weeks.
Since the City of Dover has not yet determined how these charges will be funded, Mr. Ruane stated that he would not want it to be perceived that it would obligate the City to some charges that are not budgeted. Responding, Mr. Carey reminded members that the State is mandating that the City provide a Green Energy Program to our customers. Mr. DePrima stated that the funding will be included in the FY2007 City Budget. Staff recommended authorizing the City Manager to execute an agreement with DEMEC to participate in the Green Energy Fund
The committee recommended authorizing the City Manager to execute an agreement with DEMEC to participate in the Green Energy Fund, with the understanding that this action does not specifically obligate City funds.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Discussion - Electronic Utility Statements for Electronic Draft Customers
A letter was received from Mr. Schaeffer, a utility customer, suggesting that the City consider sending electronic statements to customers who use automatic bank draft to pay their bills. Estimating that it costs the City $1 to send the statements through the mail system, he felt that this cost could be saved if customers were notified electronically.
Mrs. Tieman, Senior City Administrator, researched the suggestion and advised members that, at this time, the City has no automated means of faxing or emailing our customers. The HTE software does not currently support such automated billings; therefore, the process would have to be handled manually. There are currently 1,541 customers utilizing bank drafting and faxing or emailing their statements manually would cost more than the $1 per customer savings estimated by Mr. Schaeffer. Also, there is doubt that all bank drafting customers have the means to receive faxes or emails.
Mrs. Tieman advised members that the Information Technology Department is working on e-commerce which would enable customers to retrieve customer information over the Internet. The capability to fax and email customers will probably automatically be added as part of the e-commerce goal. This suggestion has been referred to our Technical Advisory Committee to include it in the Information Technology’s e-commerce plan, which will occur within the next 2-5 years.
The committee recommended that electronic notification of utility billings for the City be one of the priorities of the IT Department as part of the e-commerce plan.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - MARCH 28, 2006
The Safety Advisory and Transportation Committee met on March 28, 2006 with Chairman Hogan presiding.
Briefing on Deldot Projects (Gary Laing)
Mr. Laing, Municipal Liaison for DelDOT, advised members that the Wyoming Mill Extension Project had been prioritized as a project for the Fiscal Year 2006 Earmark Program. He also stated that DelDOT’s Director of Finance will review the appraisal which was provided by the City of Dover for the donated land.
Mr. Laing stated that the South Governors Avenue Project final right-of-way plans should be completed by the end of the year. If pending funding is received for the acquisition of the rights-of-way, construction could start in the Spring of 2008. DelDOT is working with the Bond Bill Committee and has submitted a project prioritization list, which was compiled using the letter and the City of Dover project prioritization list previously submitted by the City.
Mr. Laing advised members that the North Dover Toll Plaza at Scarborough Road will become an automated toll plaza on or about April 1, 2006. It was determined that over seventy-five (75%) percent of the vehicles using that toll plaza utilized e-z pass. The toll workers for that plaza will be reassigned to other locations and a change machine will be installed.
Mr. Hogan stated that a letter was sent to Secretary Wicks and each of the local Legislators requesting a meeting with them to discuss the City transportation projects. Mr. Laing advised members that he would contact Secretary Wicks to determine if this meeting could be scheduled for May.
Mr. Carey suggested that signs be installed at both ends of Crawford Carroll Drive. He also advised members that the wrong street sign may be installed at the end of Rustic Lane, which runs along the Lowe’s store. Mr. Laing stated that he would look into both issues.
PRIORITIZATION OF ADDITIONAL TRANSPORTATION PROJECTS
Water Street Railroad Crossing - Eden Hill Farm
Mr. DePrima, City Manager, introduced Dr. Tom Barnett, partner in the development of the Eden Hill Medical Facility, and presented members with an overview of the project area to illustrate the entrances, which are projected to be located at Saulsbury Road, Clarence Street, and in the vicinity of the current farm entrance. Since the State of Delaware does not allow any new railroad crossings, another option is to reopen the Water Street crossing. Mr. DePrima stated that this entrance could be used to access the downtown area, as well as Kent General Hospital. He also noted that this project should be listed on the City’s project prioritization list because of its importance and suggested that a letter be sent to Secretary Wicks requesting this consideration.
Dr. Barnett advised members that the 140,000 square foot medical office building, which has been fully leased, is expected to be constructed by March or May of 2008. BDL Medical Facilities, an Albany, New York, group that does a significant amount of medical office building construction, has been hired for the construction. Dr. Barnett noted that more office space is needed since he and four (4) other surgeons, along with two (2) more surgeons starting this summer, will be working in a 3,000 square foot office. A second medical office building is currently in the design phase and will include a daycare facility, elderly care facility, and a coffee shop. Dr. Barnett noted that a Water Street crossing would expedite trips to Kent General Hospital. He stated that his group has been involved in the process of developing the pattern book for the development of the Eden Hill Project and if Clarence Street is brought through from Forrest Avenue and the Water Street railroad crossing is built, it would make the project easily accessible. Dr. Barnett noted that he has meetings scheduled with DelDOT officials to further discuss these issues.
Mr. Ruane asked if the Kesselring railroad crossing could be traded for the crossing that is needed at Water Street. Mr. DePrima noted the crossing was a product of DelDOT analysis and is a part of the land use plan by DelDOT. He also noted that the Kesselring railroad crossing could not be traded for the Water Street crossing because it is considered a driveway. Mr. Laing noted that there were two railroad crossings closed in the Town of Wyoming.
Mr. Hogan advised members that due to the lack of a quorum, the Request for Prioritization of the Water Street Railroad Crossing - Eden Hill Farm is being forwarded without a recommendation from the committee. (See motion for Intermodal Transportation Terminal for Council action on this item).
Intermodal Transportation Terminal
Mr. DePrima stated that at one time, consideration was given to converting the current Water Street bus stop into parking for the courthouse and combining the local and interstate bus service at a site near the future rail service. He noted that Ms. Juanita Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), suggested a more enhanced intermodal transportation center with supporting utilities, such as office space and housing. Mr. DePrima suggested that a letter be sent to Secretary Wicks regarding this consideration.
Ms. Wieczoreck stated that DelDOT has proposed a transit oriented development which would enhance the land use by combining residential, retail, or office development. She noted that the proposal includes a one (1) story building that could be utilized by both local and interstate bus services. By having the site as an activity center, people would be present most of the time, which would increase the safety of the location and support the transit activity. Ms. Wieczoreck suggested that this project could become a public/private partnership in which a private entity would construct the facility in exchange for the lease of the space.
During the committee meeting, Mrs. Coleman of 122 Sweetgum Drive, addressed members explaining her concerns with decency and safety issues due to the present location of the interstate bus station. She noted that there is no shelter for bus patrons other than the Shell gas station, and no separation between the drop-off location and vehicles patronizing the gas station. Mrs. Coleman felt this was a catastrophe waiting to happen. She proposed that a meeting be scheduled with DelDOT, a representative from both Greyhound and Trailways, and concerned citizens to discuss the issue.
Mr. Carey suggested that the newest building at the George & Lynch site could be utilized as a bus station until funding becomes available for development. This would provide a safe environment for picking up and dropping off bus patrons. Mr. Laing stated that it would require an expenditure of money that is not currently available. He noted that it would also present security and legal issues.
Mr. Ruane stated that he appreciates the City enforcing the zoning laws; however, there should be a larger responsibility of protecting the welfare, safety, and health of the citizens. He questioned how the City can allow a licensed carrier to provide such inadequate services. Mr. Ruane’s understanding was that there was no rent paid, only that the ticket salesperson would receive a rebate for the number of tickets that have been sold. He felt that a meeting should be held with the Division of Carrier Licensing to determine what guidelines have to be met in order to be a licensed bus service.
Mr. Cecil Wilson, former Dover NAACP President, noted that there was a great deal of opposition to the location of the bus station, fearing that crime would increase and it would attract low income people. He felt that transportation should be for all people, not just low income or homeless people. Mr. Ruane advised members that the Federal Transportation Bill establishes intermodal facilities as a priority and includes a section that covers this issue. He noted that the State of Delaware has the option of utilizing Federal transportation funds. Ms. Wieczoreck noted that it is a new funding program and they are considered discretionary funds.
Mr. Hogan advised members that due to the lack of a quorum, the Request for Prioritization of the Intermodal Transportation Terminal is being forwarded without a recommendation from the committee.
Mr. Hogan moved to add to the City’s prioritization of transportation projects support of the Water Street Railroad Crossing (Eden Hill Farm) and Intermodal Transportation Terminal at its site, which is planned off of Water Street. The motion was seconded by Mr. Carey and unanimously carried.
Briefing by City Manager - Support of Grant Application for Federal Funding of Parking Facility
Mr. DePrima advised members that Mayor Speed and Council President Williams sent a letter to Senator Thomas Carper requesting that $4M be included in the Transportation HUD bill for the construction of a parking facility within the City of Dover. He noted that it is a HUD Economic Development Initiative Grant that requires submission by Legislatures and Federal Representatives. Mr. DePrima advised members that possible sites for a parking garage would be the City Hall or Bradford Street parking lots. He also noted that the Schwartz Center was previously awarded a grant from the same program in the amount of $1M. Dr. Barnett advised members that a parking garage has been planned for the Eden Hill Development.
Mr. Hogan moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT - APRIL 10, 2006
A Special Utility Committee Meeting was held on April 10, 2006 with Chairman Carey presiding.
Division Street Water Main/Bayard Avenue Water Main Project Budget Increases
Members were advised that the original intent of the Division Street Water Main Upgrade Project was to improve the water supply from the east side of the City to the west side by replacing old 8-inch and 14-inch cast-iron pipes with a new 16-inch pipe. In addition, the project became an important part of the City's program to eliminate brown water. Construction on the Division Street Water Main Upgrade Project began on September 19, 2005 and has progressed continuously since that date under a Time & Materials contract with George & Lynch, Inc. The contract was approved by City Council on June 13, 2005. The project was budgeted in FY 2004/05 at $660,000; and $585,886 was carried into FY 2005/06. The project budget was increased to $785,866 as part of the November 14, 2005 budget amendment when it had already appeared that the project was running over the projected costs.
Mr. DePrima explained that to avoid these types of cost overruns and to detect them in a more timely manner, a weekly monitoring system will be required for all future Time and Material Contracts. He stated that Segment 1 of the Division Street Water Main Upgrade Project (from State Street to the St. Jones River) is now in service and that Segment 2 (from the St. Jones River to Bayard Avenue) is awaiting the results of bacteriological testing and will be tied in and placed into service as soon as acceptable results are received. A few minor restoration requirements for Segment 2 remain.
Mr. Koenig explained that there were several obstacles, including unmarked old utilities, uncertain Miss Utility markings, changes in service shutdown schedules, unexpected pavement materials (concrete vs. hot mix), and changing roadway restoration requirements. These obstacles have caused significant construction challenges and cost overruns for this project.
In addition, Mr. Koenig explained that it was necessary to upgrade the water pipe from Division Street to the Bayard Avenue Water Tank in January 2006 in order to address pipe issues associated with the old pipe segment located in Bayard Avenue. He stated that this pipe segment has been identified in various public presentations related to brown water and is consistent with the Cast Iron Replacement/Relining project identified in the budget document. The pipe material costs, in the amount of $76,000, could have been charged to the Cast Iron Pipe Replacement Program which was funded in the amount of $100,000. However, it was decided to simply add it to the Division Street Water Main Project.
Mr. Koenig assured members that the George and Lynch Contract work will stop on Division Street at Bayard Avenue. The Bayard Avenue pipe will be installed by the City’s utility construction crew. The Public Utilities Manager and engineers will re-evaluate how the new 16-inch Division Street Water Main west of Route 13 will be connected to the line east of Route 13 to develop the most cost-effective route.
Members were advised that, due to the construction obstacles and the additional pipe for Bayard Avenue, this project is $483,350.77 over budget. Some of the cost overage has been addressed by transferring monies from other project accounts, resulting in the need for an additional $260,000. Staff recommended the approval to transfer an amount up to $260,000 from the Water/Wastewater Capital Asset (Brown Water) Reserve to the Division Street Water Main and Bayard Avenue Water Main Projects.
Mr. Slavin suggested confirmation of invoices and cost and time estimates necessary to complete the Bayard Avenue, and that internal procedures be established to avoid any future occurrences. If major capital infrastructure is necessary, he suggested that the City advise the citizens that there will be substantial costs involved in addressing the brown water.
The committee recommended that staff verify all