REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 8, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Pitts was absent.
Council staff members present were Police Major Taraila, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. Koenig, Deputy City Solicitor Pepper, 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.
Mr. Cecil C. Wilson, 130 Brandywine Drive, expressed concern regarding the Dover Human Relations Commission being under the leadership of Dr. Hoff and his illegal hiring of Ms. Garcia for minute taking and the rude and negative treatment of Dr. Nagarajan, which led to his resignation. He has met with the City Manager and feels that a resolution to the hiring of Ms. Garcia will be accomplished. However, he felt that members of Council should conduct an investigation into the mistreatment of Dr. Nagarajan and that members of the Dover Human Relations Commission should meet the purpose for their establishment.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
Council President Williams announced that members of Council will be utilizing new electronic voting and requested that all members indicate their presence for roll call purposes.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Sadusky and unanimously carried.
Mr. Ritter requested that item #8B - Reappointment to Dover Housing Authority, and item #9 - Appointment of 2005 Ad-Hoc Charter Review Committee, be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 25, 2005
The Minutes of the Regular Council Meeting of July 25, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
PRESENTATION - RECOGNITION OF SERVICE - DR. NILAKANTAN NAGARAJAN, DOVER HUMAN RELATIONS COMMISSION (APRIL 2002 - JULY 2005)
Mayor Speed presented Dr. Nagarajan with a Dover Cup in recognition of his service on the Dover Human Relations Commission since its inception, from April 2002 through July 2005.
Dr. Nagarajan relayed appreciation to members for the opportunity and read a statement into the record (Exhibit #1).
UPDATE (15 MONTHS) - BROWN WATER
Mr. Koenig, Public Works Director, provided a Power Point Presentation on the 15-month update for Brown Water (Exhibit #2). He advised members that staff is currently focusing on further development of the unidirectional flushing program and operational improvements, revising background data for corrosion inhibitors, and continues to develop cost options for the relining and replacement program. Staff will soon be presenting the Master Water Plan to the Utility Committee during a workshop session and a new Action Plan will be developed.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 487 S. QUEEN STREET, OWNED BY MICHAEL SANCHEZ
A public hearing was duly advertised for this time and place to consider rezoning of property located at 487 S. Queen Street, owned by Michael Sanchez. The property is currently zoned C-1 (Neighborhood Commercial) and the proposed zoning is C1-A (Limited Commercial).
Planner's Review
Mr. Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3).
Public Hearing
Council President Williams declared the hearing open.
There being no one present wishing to speak, Council President Williams declared the hearing closed.
Mr. Slavin moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of July 25, 2005.)
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JULY 26, 2005
The Safety Advisory and Transportation Committee met on July 26, 2005 with Chairman Hogan presiding.
Briefing on DelDOT Projects (Gary Laing)
Mr. Hogan explained that with the change in membership, he requested a briefing on DelDOT Projects. He indicated that it is his intention to request an update by DelDOT every other month on projects. Mr. Laing, Municipal Liaison for DelDOT, reviewed the on-going DelDOT projects involving the City of Dover, as follows:
Mega-TIS on SR1/Route 8 and East Dover Housing Development Projects
Mr. Laing advised members that to date there has been no resolution involving the Mega-TIS on SR1/Route 8 and East Dover Housing Development Projects; however, DelDOT has continuing discussions with the developers. He reminded members that the residents of the Edgehill area relayed concerns regarding these projects and assured members that meetings are continuing with the residents in an effort to address their concerns. Also, DelDOT is studying the possibility of split-phased signal timing at US 13 and SR8 to alleviate some of the backups. The left-turn lane for traffic turning south from westbound SR8 has already been lengthened.
Crawford Carroll Drive
Mr. Laing indicated that although the contractor for the Crawford Carroll Drive Project remains in liquidated damages for failure to complete the project on time, work continues on this project.
College Road Corridor Update
Due to the lack of funding, Mr. Laing advised members that there will be no work done on the College Road Corridor Update in the foreseeable future; therefore, he suggested that this project be removed from the list for future reports.
West Dover Connector
Mr. Laing stated that funding has not been received in the FY 2006 budget for the West Dover Connector project. DelDOT continues to work with funds that are remaining from the FY 2005 budget. The project team is examining how they can develop a preferred alternative using funds available, and how costs can be reduced in order to stretch the available funds as much as possible.
Mr. Laing advised members that the August 17, 2005 Working Group meeting has been cancelled and will be rescheduled when the project team has worked out a plan. The target date for the Working Group meeting is for late summer/early fall. As a result, the Public Workshop that was tentatively set for late summer/early fall has been delayed. In the meantime, Mr. Laing indicated that DelDOT will continue to present materials to the environmental regulatory agencies to keep them apprised of the status and, hopefully, allow them to indicate how we should proceed with this project.
Traffic Signal at Greenway Lane and Kenton Road
The request for a study to determine if a traffic signal is warranted for the intersection of Greenway Lane and Kenton Road has been submitted; however, Mr. Laing advised members that studies are also backed up and no new projects are being put into the pipeline.
Traffic Loop - Delaware State University/Dover Mall/Dover Downs
Mr. Laing stated that the expansion planned for Dover Downs pushed hard for the Traffic Loop Project for Delaware State University/Dover Mall/Dover Downs. He reported that since the expansion will not occur in the near future and since there is no funding available for any extensive studies, this project should be removed from the list for future reports.
Walker Road Project Construction
Mr. Laing noted that since the Walker Road Project is very much near completion, it should be removed from the list for future reports.
South Governors Avenue Improvements
The South Governors Avenue Improvements project was one of the major projects to be hit by the budget situation for the State. Mr. Laing stated that this is one of many projects which no funding was provided for in the FY 2006 budget. A total of $287M worth of projects have been placed in abeyance due to this budget crunch. Other Dover area projects affected by this include the following: 1) US 113 at S. State Street; 2) West Dover Connector; 3) Loockerman Street/Forrest Avenue Improvements; 4) Delaware Airpark; 5) Dover Curbing; 6) Civil Air Park; and 7) many other Kent County Projects.
Mr. Laing stated that Secretary Hayward has sent letters to municipalities, counties, chambers of commerce, etc. regarding the fiscal situation for DelDOT (as on file in the Office of the City Clerk). He noted that the letter explains how this situation has occurred, explaining that Delaware’s rapid growth has strained the State’s resources. DelDOT has been dealing with new traffic and congestion, and has been challenged to develop new solutions, such as the expansion of roadway, new traffic signals, bridge improvements and replacement, paratransit services, etc. In addition, Mr. Laing advised members that construction costs have escalated at a rate much higher than the consumer price index. Finally, the traditional funding sources, such as gas taxes, tolls and motor vehicle fees, have not grown as quickly as the rest of the State’s sources of funds. The Transportation Trust Fund (TTF) has increased 29% over the past 10 years, while the General Fund for the State grew more than twice as fast - 74%.
Mr. Laing advised members that DelDOT has also been affected by the delay in congressional approval of the federal transportation funding legislation. Each year, DelDOT receives more than $125M funding; however, this has not yet occurred this year due to a political struggle over the reauthorization of the federal highway trust fund.
During the committee meeting, Mr. Ruane suggested that City Council respond to the letter submitted by Secretary Hayward dated July 18, 2005, specifically by going on record acknowledging their financial dilemmas and providing a prioritization list of projects for the City of Dover. It was his feeling that the South Governors Avenue Improvements would be the City’s major concern at this time. DelDOT should be encouraged to continue maintenance and repair on those State owned roadways located in the City limits.
Mr. Ruane questioned the status of signalization projects. Responding, Mr. Laing advised members that signalization projects have also been delayed. Explaining further, Mr. DePrima was advised that the original bond bill allotment of $2.6M remains. Since this amount is not enough to cover the entire signalization project, DelDOT would fund the remaining costs, estimated at $1M. Considering that the new lights have been ordered for Division Street, it was his understanding that
part of the project will be completed. Mr. Laing indicated that he would check on this matter and report back to members next month.
Mr. DePrima requested that future updates include the Signalization Project, as well as the Wyoming Mill Road Project, which was the City’s top priority submitted to DelDOT.
Responding to Mr. Ruane, Mr. Hogan stated that since there is not a quorum of committee members, the suggestion of submitting a response to Secretary Hayward’s letter dated July 18, 2005 would be presented to Council for consideration.
Mr. Hogan moved to authorize the Safety Advisory and Transportation Committee to prepare a letter to Secretary Hayward addressing the City’s concerns regarding funding for Kent County and the City of Dover and listing the City’s priorities for funding and concerns of necessary projects and requesting that a formal meeting be scheduled with Secretary Hayward and City Council, seconded by Mr. Carey and unanimously carried.
Kent County Transportation Management Team (Chairman Hogan)
Mr. Hogan advised members that he recently attended a Kent County Transportation Management Team Meeting and that their primary objective is to develop traffic control plans and pre-determined detour routes in the event of major incidents that occur on the roads of the State of Delaware. Currently, they are focusing on Kent County, specifically detours for SR1. He provided members with the information distributed during the meeting and advised members that there are several agencies involved, including representatives from Police and Fire Departments.
Since the information the group is obtaining and the planning is to be very detailed, Mayor Speed stated that this process will take some time to complete. Mr. Hogan stated that he would be attending future meetings and keep members abreast of any action.
Radio Paging System (Councilman Carey)
Mr. Carey advised members that this past June, while attending the National Fire Protection Association Conference, he participated in several education sessions, including Communication Tools Notifying the Public During Disasters, Natural and Man-Made. Although there are several communication tools already used for emergency situations and civil defense, he stated that a radio paging system would compliment these means. Members were provided a copy of the Power Point Presentation given by the Emergency Management Coordinator of City of La Porte, Texas.
Mr. Carey noted that the radio paging system is used as an immediate notification tool and that the receivers would be located in schools, nursing homes, and other public buildings. It was his feeling that the City would benefit from the use of such a system and that there is probably WMD or civil defense funds and grant money that could be used to assist with the costs. He advised members that the paging units costs approximately $600 each, which includes a four (4) year warranty.
Responding to Mr. Hogan, Mr. DePrima indicated that the Electric Department is determining the costs, locations, and connections for the “Blue Light” emergency notification system. Since this is a strategic task for the Electric Department, members will begin to be provided with updates in the monthly reports.
Mr. Hogan moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Carey and unanimously carried.
MONTHLY BUDGET REPORT - JUNE 2005
By consent agenda, Mr. Carey moved for acceptance of the Monthly Budget Report for June 2005, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
EVALUATION OF BIDS - ELECTRIC REMOTE READ METERS (ANNUAL CONTRACT)
In 1999, the City began field testing remote meter reading for electric meters. Several neighborhoods were converted to remote reading in order to evaluate the potential savings in manpower used to read monthly meters. Approximately 30% of the City’s electric customers, consisting of 52 complete residential reading routes, have been converted and are being read from a van driving through the neighborhoods.
Members were provided information on a proposal to purchase 3,959 commercial and residential Itron remote read meters to be changed in this fiscal year by the Electric Department. In addition, four (4) hand-held reader/programmers and one (1) six-position docking station (which will cradle the hand devices) would be purchased by Administrative Services to support these meters. Itron leads the industry for remote read meters and has the only product that meets all of Dover’s present and future metering needs.
Staff recommended negotiating a sole source contract with Itron to purchase the electric remote read meters, four (4) hand-held reading devices, and one (1) docking station from Itron for $518,280.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
REPLACEMENT OF “GREEN SCREEN” HTE WITH NAVILINE VERSION
The City’s core software system is a suite of products from HTE, Inc. Several years ago, HTE, Inc. began to develop a new Windows based suite, NaviLine, which uses familiar mouse functionality and windowed presentation that makes it easier and faster to get the information needed by employees to make everyday business decisions.
Members were advised that the NaviLine purchase, in the amount of $56,940, is one component of the project and that the remaining components would be submitted to Council for approval in accordance with the Purchasing Policy. This is a sole vendor situation since HTE, Inc. is the developer and sole contact for sales of this software suite. Staff recommended awarding the contract to HTE, Inc., in the amount of $56,940.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
PUNCHEON RUN PUMPING STATION UPGRADE - ENGINEERING SERVICES AGREEMENT (CONSTRUCTION)
During their Regular Meeting of June 13, 2005, City Council awarded a contract, in the amount of $951,290, to C&D Contractors, Inc. to construct the Puncheon Run Pump Station Upgrade. Whitman, Requardt & Associates was the design engineer for the project. Staff requested that they provide construction phase services to include submittal review, attendance at pre-construction and monthly progress meetings, final inspection and punch list development, technical clarifications and supplemental construction observation services, if necessary. The lump sum fees submitted by Whitman, Requardt & Associates, are as follows:
Submittal Review $23,050
Pre-construction & Monthly Progress Meeting Attendance $ 8,050
Final Inspection & Punch List Development $ 6,690
Technical Clarifications $13,240
TOTAL $51,030
Supplemental Construction Observation Services will be provided at a rate of $95 per hour, if necessary.
Staff recommended awarding the engineering services agreement to Whitman, Requardt and Associates in the amount of $51,030 for construction phase services to assist City staff with the inspection and construction management associated with the Puncheon Run Pump Station Upgrade.
REAPPOINTMENTS - MAYOR SPEED
Mayor Speed presented the following reappointments for Council confirmation:
Board of Adjustments - Arthur G. Ericson (Three Year Term to Expire July 2008)
By consent agenda, Mr. Carey moved for confirmation of the appointment of Mr. Arthur G. Ericson to the Board of Adjustment for a three year term to expire July 2008, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
Dover Housing Authority - Beverly C. Williams (Six Year Term to Expire August 2011)
Mr. Ritter questioned if there was a conflict of interest with Council President Williams serving on the Dover Housing Authority due to her association with Aid in Dover and the acquisition of CDBG funds a few years ago. He requested that Mayor Speed reconsider this appointment and have someone other than Council President Williams serve the six (6) year term.
Mayor Speed advised members that one of the most difficult tasks he has encountered since becoming Mayor is to find willing and qualified individuals to serve the City in such a capacity, particularly those positions that receive no compensation. It has been his opinion that stability on committees is important; however, he explained that if he had concerns with a committee or its membership, he would not hesitate to replace individuals. This is not the case with the Dover Housing Authority. It is a well managed organization, has a good working relationship with the City, the Dover community, the partnership with the Senator Carper initiative, etc. In addition, when he noted that when Mrs. Williams became a member of City Council, the City Solicitor had provided a legal opinion indicating that there was no conflict of interest with her continuing to serve on the Dover Housing Authority since she received no compensation. Therefore, he would not change his recommendation.
Mr. Carey moved for confirmation of the appointment of Mrs. Beverly C. Williams to the Dover Housing Authority for a six year term to expire August 2011, seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter) and one (1) absent (Mr. Pitts).
Ethics Commission - Robert Bunnell (Five Year Term to Expire July 2010)
By consent agenda, Mr. Carey moved for confirmation of the appointment of Mr. Robert Bunnell to the Ethics Commission for a five year term to expire July 2010, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
Historic District Commission - C. Terry Jackson, Resident Representative (Three Year Term to Expire July 2008) and James D. McNair, II, Professional Representative (Three Year Term to Expire July 2008)
By consent agenda, Mr. Carey moved for confirmation of the appointments of Mr. C. Terry Jackson, Resident Representative to the Historic District Commission for a three year term to expire July 2008 and Mr. James D. McNair, II, Professional Representative to the Historic District Commission for a three year term to expire July 2008. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
Library Advisory Commission - Lois Dunning (Five Year Term to Expire June 2010)
By consent agenda, Mr. Carey moved for confirmation of the appointment of Ms. Lois Dunning to the Library Advisory Commission for a five year term to expire June 2010, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
APPOINTMENT OF 2005 AD-HOC CHARTER REVIEW COMMITTEE - COUNCIL PRESENT WILLIAMS
Mr. Ritter questioned why members of Council were not provided documentation to consider when reviewing the selection of members to the 2005 Ad-Hoc Charter Review Committee. Mr. Ritter requested that all future appointments include background information prior to being submitted to Council for approval.
Responding, Council President Williams explained that the Resolution establishing the committee does not require Council confirmation of the appointments and that it was placed on the agenda as a courtesy.
Mr. Ritter noted that Mr. Leary has been selected to serve as Chairman of the committee and relayed concern since he currently serves as the Chairman of the Election Board. Some members recollected that Mr. Leary indicated he was going to resign from the Election Board. Council President Williams indicated that she would look into the intentions of Mr. Leary and advise members accordingly.
Mr. Ritter also felt that it would be important to provide this Committee with copies of those reports provided to the City by previous Charter Review Committees.
Mr. Hogan moved for acceptance of the Appointments of the 2005 Ad-Hoc Charter Review Committee as presented by Council President Williams, seconded by Mr. Salters and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of July 25, 2005.
Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, Paragraph (a)(3)
Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, of the Dover Code be amended by adding the following to the end of Paragraph (a)(3):
The first time homebuyer exemption shall apply to the Seller of property that qualifies for the first time buyer exemption but only for property situated in the area from Mary Street to Loockerman Street and Governors Avenue to West Street. This homebuyer’s exemption for the seller is to be effective from the date of adoption to August 1, 2010. Council shall have the right to deny this exemption to any property owner where the sale and purchase appears to be done fraudulently to take advantage of the realty transfer tax exemption ordinance.
ADOPTED: AUGUST 8, 2005
Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose and Section 102-113 - Qualifications, Paragraph (d)
Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose, of the Dover Code be amended by adding a new paragraph to read as follows:
In the opinion of council of the City of Dover, the abatement of City Real Estate Taxes for certain qualifying homeowners in certain designated areas of the City, thus promotes the public welfare by providing incentives for these homeowners to purchase residences and locate in these areas in the City of Dover.
ADOPTED: AUGUST 8, 2005
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - Qualifications, of the Dover Code be amended by adding a new paragraph (d), to read as follows:
(d) Any persons purchasing residential real property in which they will reside within the area defined as Mary Street to Loockerman Street and Governors Avenue to West Street during the effective date of this section shall be given tax relief from the payment of real estate taxes in the following manner: first year of ownership, total tax abatement; second year of ownership, seventy-five percent (75%) tax abatement; third year of ownership, fifty percent (50%) tax abatement; fourth year of ownership, twenty-five percent (25%) tax abatement; fifth year of ownership, no tax abatement. Provided however that the homeowner is required to occupy the home as their principal place of residence during the entire time that the taxes are abated and if the property ceases to be their principal place of residence at any time during the four-year period of abatement, then they shall lose their right of abatement and shall be required to pay immediately, all taxes abated up to the time that the home ceases to be their principal residence. In order to obtain the tax abatement, the homeowner must make application by affidavit submitted to the City Clerk showing qualification for the abatement and each year thereafter, submit a similar affidavit showing their continued right to the abatement. If qualification for the abatement ceases within the four-year period of abatement the homeowner is required to notify the City Clerk of the lack of qualification for the abatement and within ninety (90) days from the date the qualification ceases, pay all taxes abated in the past. In order to be eligible for this program, application must be received by the City of Dover prior to August 1, 2010.
ADOPTED: AUGUST 8, 2005
COUNCIL MEMBERS COMMENTS
Mr. Ritter advised members that he had requested the salary increases for the past three (3) years for non-bargaining employees and that, after reviewing the material, it was his feeling that the Pay for Performance is not working and that the amount of salary increases are much more than the cost of living. Having citizens contact him regarding their concerns of higher fees and taxes, if Council does not take certain steps to rectify this problem, the City may be faced with serious debt issues.
Mr. Slavin relayed his best wishes to fellow Councilman Pitts for a speedy recovery.
Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:53 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 8, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20058-08-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Dr. Nagarajan Statement Read into the Record
Exhibit #2 - Brown Water Update Power Point Presentation
Exhibit #3 - Petition to Amend the Zoning District for 487 S. Queen Street