City Council Minutes - Regular City Council Meeting on 10/08/2007

The Regular Council Meeting was held on October 8, 2007 at 7:30 p.m. with Council President Salters presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Osika, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. McDowell, and Mayor Williams.

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Salters declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

Mr. Eric O’Brien, 30 N. New Street, advised members of the deplorable living conditions in his neighborhood, noting that there is a continued problem with strangers “taking over” public streets. He suggested that there be a police presence and that more attention be given to North New and Fulton Street, between Governors Avenue and Queen Street. It was his feeling that the government is failing the people. He provided pictures and documentation depicting these conditions (as on file in the Office of the City Clerk).

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.

Mr. Slavin requested that item #6E, Modification of Maintenance Agreement - Persimmon Park Place Islands, be removed from the consent agenda. Mr. McGlumphy requested that item #6D, FY 2007/08 Water/Wastewater Capital Improvement Project (CIP) Briefing be removed from the consent agenda. Mr. Ruane requested that item #6A, Proposed Amendments to the City of Dover Electric Service Handbook - Proposed Increases for Residential and Commercial Underground Extension Fee, be removed from the consent agenda.

Mr. McGiffin moved for approval of the consent agenda as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.

The Minutes of the Regular Council Meeting of September 24, 2007 were unanimously approved by motion of Mr. McGiffin, seconded by Mr. Slavin and bore the written approval of Mayor Williams.

The Honorable James T. Vaughn, Jr., President Judge Superior Court, administered the Oath of Office for the Mayor, Carleton E. Carey, Sr.

Mr. Brooks Banta, Kent County Levy Court President, noted that several members of the Levy Court and the County Administrator were present to congratulate Mayor Carey and stated that they look forward to working with the Mayor and Council. They presented Mayor Carey with a County Pin, and several hats to add to his collection, most particularly a Kent County Levy Court hat.

On behalf of Delaware’s Congressional Delegation, Senator Carper wished Mayor Carey and his family much happiness and success. It was his feeling that the City of Dover will be taken care of as the new Mayor takes office.

State Representative Stone stated that the dedication and public service of Mayor Carey to his community has been evident as he has served as a volunteer, a member of City Council, and now serving as Mayor. She noted that we are all partners in making this community the best for our citizens and that it can be accomplished through a partnership between the City, County, and State government, along with the congressional delegation - together, great things can be accomplished.

Mayor Carey thanked everyone for their support and for attending and stated the importance of the City working with the County and State for the betterment of the community. He recognized the attendance of representatives of the Dover Air Force Base, which is a primary contributor to our community.

Dr. Sessoms, President of the Delaware State University, stated that the university looks forward to working with the City, County, and State, and thanked Mayor Carey for his support.

Mr. Slavin moved to recess for 15 minutes, seconded by Mr. Hogan and unanimously carried.

Mr. McGlumphy moved to reconvene, seconded by Mrs. Russell and unanimously carried.

The meeting reconvened at 8:03 p.m., with Council President Williams presiding. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane. Mayor Carey was also present (arrived at 8:25 p.m.).

PRESENTATION - CERTIFICATE OF APPRECIATION - RECOGNITION OF SERVICE - TIMOTHY P. MULLANEY, SR. - DOVER PARKING AUTHORITY (FEBRUARY 2006 - FEBRUARY 2007)

On behalf of members of Council, Council President Williams presented a Certificate of Appreciation to Mr. Timothy Mulaney, Sr. in recognition for his service as a member of the Dover Parking Authority, having served from February 2006 through February 2007.

Mr. Mullaney thanked members for giving him the opportunity to serve, explaining that due to his move out of the City limits, it was necessary for him to relinquish his seat on the Dover Parking Authority; however, he will continue to serve on the Police Pension Board.

PRESENTATION - CERTIFICATE OF APPRECIATION - ATLANTIC COAST CHAMPIONSHIPS OF THE TOURNAMENT OF BANDS - DR. JOHN KREITZER - SOUTHERN REGIONAL DIRECTOR

Mr. Slavin explained that many events brought to our community also bring customers to our hotels, restaurants, etc. He presented a Certificate of Appreciation to Dr. John Kreitzer, Southern Regional Director of the Atlantic Coast Championships of the Tournament of Bands, and Mr. Groom Mears, Chapter Coordinator for the Tournament of Bands for Delmarva, for bringing the Atlantic Coast Championships of the Tournament of Bands to Delaware State University, which will bring more than 130 marching bands to our City.

On behalf of the National Judges Association, Dr. Kreitzer relayed appreciation for the recognition. Last year, the show brought over 10,000 competitors. The event is scheduled for November 10-11, 2007, with the morning event on November 10, 2007 being held at Dover High School. The Saturday afternoon, evening and Sunday events will be held at Delaware State University. It was his hope that this tournament will continue to be held in the City of Dover.

WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from door to door in their neighborhood, displaying their costumes, and gathering treats; and

WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat; and

WHEREAS, residents are requested to indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted; and

WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Wednesday, October 31, 2007 between the hours of 6:00 p.m. and 8:00 p.m.

NOW, THEREFORE, I, CARLETON E. CAREY, SR. MAYOR OF THE CITY OF DOVER, do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 31st day of October 2007, between the hours of 6:00 P.M. and 8:00 P.M. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children.

Proposed Amendments to the City of Dover Electric Service Handbook - Proposed Increases for Residential and Commercial Underground Extension Fee

Mr. Lunt, Public Utilities Director, advised members that in September 2006, the Electrical Engineering Division conducted a study and developed a material list for the equipment needed to supply electrical service to developments. From that study, a “per lot” fee was developed to recover all the City-supplied material costs and was included in the City of Dover Electric Service Handbook (Division III, Rules and Regulations, Section 3-36), which currently requires an $850 residential underground extension fee (per lot) for new developments and/or extension requests. Mr. Lunt stated that although the $850 fee recovered the material and transformer costs of the new electric distribution extension, it did not include labor. The fees in the Handbook also applied the same rate to Commercial and Industrial extensions where more than one (1) customer was served.

Due to the rising cost of material, staff felt that it was necessary to re-evaluate the fees associated with providing the infrastructure for underground electric service extensions. Mr. Lunt advised members that the result of this re-evaluation, which used the same material lists as the 2006 study, is that the average cost for providing residential electric service is approximately $1,200 per service. Staff provided members with details regarding the estimated material costs for three (3) developments to reflect the pre-2007 and 2007 average cost per lot.

Staff recommended increasing the Residential Underground Extension Fee from $850 per service to $1,200 per service and increasing the Commercial and Industrial Underground Extensions from $850 per electrical service to total material cost recovery.

Mr. Ruane advised members that it was staff’s intention to communicate the proposed amendments to the developers that will be affected by this change. To provide the developers the opportunity to review and comment, he suggested that action regarding this matter be deferred by Council.

Mr. Ruane moved to table the proposed amendments to the City of Dover Electric Service Handbook in order to provide the developers the opportunity to review and comment. The motion was seconded by Mr. McGlumphy and unanimously carried.

During their meeting of July 23, 2007, members were briefed on the changes to the scope of the 69 Kv Feeder Project, which included constructing it as a design/build versus an EPC and reducing it to a two (2) phase project rather than a three (3) phase project. Members also were advised that the St. Jones Substation Project would need to be accelerated to coincide with the 69 Kv Feeders 3 and 4 - Phase II Construction.

Members were provided revised CIP’s for the 69 Kv Feeders 3 and 4 and St. Jones Substation. Mr. Lunt, Public Utilities Director, advised members that staff has been preparing a detailed budget for both projects in an effort to update the CIP’s with reliable cost estimates. In addition, he advised members that the bond sale mandates that all funds be spent within three (3) years of the bond sale and the acceleration of the St. Jones Substation Project will assist in meeting this requirement.

Mr. Lunt indicated that the change in scope to the 69 Kv Feeder Project will result in a savings of approximately $2,525,410. The St. Jones Substation Project costs have increased due to the increases in the price of metals, switchgear, and related equipment. He reminded members that in fiscal year 2006, the project was estimated at $5.1M; however, it was reduced to $3.6M in fiscal year 2007 based on a temporary reduction in actual bid costs. Mr. Lunt stated that the current estimates for the Substation are approximately $5.3M and the total costs related to both projects are projected to be $17,598,158, which is a net reduction in the amount of $749,342 over the previous fiscal year 2007 estimates. He stated that the budget amendments will be prepared and presented for approval to reflect these changes during the first scheduled budget amendments.

Responding to Mr. Ruane, Mrs. Mitchell, Finance Director/Treasurer, advised members that a presentation of the Revenue Bond Issue will be conducted at the next committee meeting. She explained that the Bond Issue Resolution will be written in such a way that the City will be reimbursed any money spent on this project prior to the bond issue.

The committee recommended approval of the changes in the scope, schedule, and expense related to the CIP’s for St. Jones Substation and 69 Kv Feeders 3 and 4, as recommended by staff.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Bids were solicited for Request for Proposals (RFP) for two (2) Substation Transformers; one to be installed at the Horsepond Substation and the other at the St. Jones Substation. Both are existing substations that will be undergoing upgrades due to the age and condition of the existing transformers.

Staff recommended awarding the proposal to the lowest responsive bidder, Kuhlman Electric Corporation, in the amount of $1,615,481 which includes two (2) transformers ($1,566,466), one (1) set of spare parts ($4,905), and transformer field assembly ($44,110).

Mr. Lunt, Public Utilities Director, advised members that staff included the expense of the following spare parts: a gasket set, one (1) high and low voltage bushing, and one (1) cooling fan with motor. In addition, he advised members that staff recommended including the turnkey installation for both transformers, which includes unloading, assembly, oil filling/processing, field testing, and a five (5) year warranty. Although the Kuhlman proposal is a firm price, it does contain the following payment requirements: 1) 20% down payment; 2) 30% 15-weeks prior to scheduled shipment; 3) 30% 35-days prior to scheduled shipment; and 4) 20% upon shipment (due net 15 days after receipt of transformers).

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation to award the proposal to the lowest responsive bidder, Kuhlman Electric Corporation, in the amount of $1,615,481 which includes two (2) transformers ($1,566,466), one (1) set of spare parts ($4,905), and transformer field assembly ($44,110). The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.

During their meeting of September 10, 2007, members began review of the FY 2007/08 Water/Wastewater Capital Improvement Projects. Due to time constraints, it was necessary to continue the review for this time. It was noted that the committee stopped their review at the South Governors Avenue Sewer Main Upgrade Project.

Responding to Mr. Ruane with regards to the South Governors Avenue Sewer Main Upgrade Project, Mr. Lunt, Public Utilities Director, advised members that the State has issued a Notice to Proceed and that the City has begun to order materials. He explained that the Sewer Main Upgrade is less of an issue since it will be installed by the State in its entirety and the City will be billed for the upgrade and changes in the sewer pipe. Mr. DePrima stated that although this will be accomplished by the State, the City will assure that residents will be notified of closures, etc. as a result of this project.

Mr. Lunt continued the review of the remainder of the projects in detail, as follows:

Dover East Pumping Station and Force Main (project has been cancelled since Rojan Meadows is planned for development; once the land is developed, the pumping station will no longer be needed, it will be converted to a gravity flow. Upon evaluation, staff determined that the pumping station should be sufficient for the next two (2) years until the development of Rojan Meadows is completed)

Mr. McGlumphy noted that during a Utility Committee meeting held earlier in the evening, members were provided a FY2008-2012 Electric Plan relative to the Bond Issue, and requested that the same type of format be utilized to delineate the Water/Wastewater Capital Improvement Projects. He stated that this would provide information regarding the funding for the projects.

Members were reminded that in September of 2004, the City of Dover accepted the dedication of streets in Persimmon Park Place. This project had been developed with private streets and, over time, they began to deteriorate and the Condominium Association was not able to care for them in the long term. Mr. DePrima, City Manager, advised members that the City agreed to take over ownership and responsibility once funding of their repair was secured through Community Transfer Fund provided principally by Representative Bruce Ennis.

Mr. DePrima stated the maintenance, mostly consisting of grass cutting of traffic islands, was specifically reserved by the Condominium Association as their responsibility. Members were provided a copy of the deed from the transfer of the land which, in paragraph 3, addresses this reservation. He stated that there have been several occasions when the new Homeowners Association and/or the Condominium Council has requested that the City mow the traffic islands in an effort to reduce their grass cutting expense. Mr. DePrima indicated that the City has maintained that the Homeowners Association and/or Condominium Council is responsible for the traffic islands and that they are not the responsibility of the City.

Recently, the City was advised that Representative Ennis has agreed to fund “bricking” the islands, which will significantly reduce the cost of the maintenance. Considering this, he questioned if the City should modify the deed and take over responsibility of the islands. Although the expense for maintaining the islands will be reduced to a cost of occasionally spraying for weeds, staff felt that the Condominium Association could more than handle this responsibility and that the City should not stretch its landscape crews any further.

Mr. Slavin advised members that he has been working with Mr. Fred Tolbert, President of the Persimmon Park Place Homeowners Association and Condominium Council, on this issue and relayed appreciation to Representative Ennis for his dedication and the funding provided for this project. He explained that the traffic islands serve a public safety purpose and felt that the City should assume the responsibility, noting that required maintenance would be minimal.

Mr. Tolbert thanked members for their time in considering this request. He explained that the previous President of the Condominium Council agreed to retain responsibility of the traffic islands. He advised members that the previous President was also the developer of the development and that this requirement was included in the deed without the residents knowledge.

Mr. Ruane suggested that it would be helpful for members to be provided information with regards to any increase in property taxes for the residents of Persimmon Park Place.

Mr. McGiffin stated that the argument with regards to the costs would be as much in favor of the City taking over responsibility of the traffic islands as it is in allowing the Condominium Council to maintain the islands. If it is not too costly, he felt that by the City assuming responsibility, it would be a demonstration of good faith on the part of the City to a community that has had its share of troubles.

Responding to Mr. Cregar, Mr. DePrima stated that he did not have the cost details associated with the assumption of ownership.

Mr. Ruane relayed concern with the precedent that would be made if Council were to take over responsibility, noting that there are several traffic islands within developments that are the responsibility of the homeowners associations.

Mr. McGiffin reminded members of the uniqueness of Persimmon Park Place and as a result, any precedential value is negligible.

Mr. McGlumphy suggested that members be provided a cost factor analysis and suggested that all developments could prove to be unique; therefore, he cautioned members to consider the potential costs for providing the same service for other developments.

Mr. Cregar suggested that the lawn care service provider for Persimmon Park Place be contacted to determine the costs for extending service to maintain the islands.

Mr. Slavin stated that although he appreciates the focus on cost, there is an assumption that the costs would be minimal and explained that there is a responsibility issue to consider. With reference to the concern of precedence, he was not aware of any other developments within the City that have these types of traffic islands on such narrow streets that have been dedicated to the City. Therefore, it was his opinion that since Council approved the private, sub-standard streets and traffic islands, etc., the City should provide assistance in making the situation better. Mr. Slavin felt that the City should put forward a good faith effort, as Representative Ennis has.

Mr. Slavin advised members of Council that many improvements have been made by the community of Persimmon Park Place and that Representative Ennis has recently agreed to fund “bricking” the islands, which will significantly reduce the cost of the maintenance. The City has now been requested to assume the responsibility of these islands.

Mr. Slavin moved to suspend the rules to allow Mr. Tolbert, President of the Persimmon Park Place Homeowners Association and Condominium Council, to address members and provide additional background information regarding this issue. The motion was seconded by Mr. McGiffin.

Mr. Ruane relayed opposition since Mr. Tolbert was already given the opportunity to address the committee and felt that there would be no additional information that would be provided that is not already a part of the record.

The motion to suspend the rules to allow Mr. Tolbert the opportunity to address members was carried with Mr. Ruane voting no.

Mr. Tolbert thanked Councilmen Slavin and McGiffin for their support and assistance in resolving issues involving Persimmon Park Place. He advised members that the Persimmon Park Place development was never completed, there is no curbing, the streets are narrow, there is inadequate drainage, etc. If this development was presented to the Planning Commission today, it would be rejected. Mr. Tolbert stated that Persimmon Park Place should not have been allowed to be a private development, the streets should not have been allowed to be narrow, street lights should have been required, snow removal should have been provided, and the police should have been able to issue tickets. He stated that these types of normal services provided to other developments were not provided for Persimmon Park Place and members of Council were not aware of this until recently. Mr. Tolbert stated that the issue is not just regarding the islands, it is about assistance in bringing the Persimmon Park Place community up to standards. When the streets were dedicated to the City, the three (3) entrance islands were included; therefore, it was the residents’ understanding that the City would take full responsibility of the islands.

Mr. Ruane referenced a letter dated November 4, 2005, from Mr. Hogan addressed to Mr. Tolbert, which included a copy of the deed that specifically excludes the maintenance and landscaping obligation for the islands (Exhibit #1). Responding, Mr. Tolbert stated that until recently, the previous manager’s of Persimmon Park Place were the developers which, he explained, was a part of the problem. The previous manager (Mr. Gardner) prepared the deed. Mr. DePrima explained that the City negotiated the exclusion of the islands in the deed.

Mr. Slavin felt that this Council has an obligation and opportunity to correct past actions.

Mr. Ruane alluded to the Council Meeting Minutes of March 22, 2004, and noted that the deed is reflective of the understanding conveyed to the residents at that time. He reiterated his feeling that there are many developments in the City similar to Persimmon Park Place and relayed concern with setting a precedent.

Mr. McGiffin felt that there has been a significant change in circumstances, being that Representative Ennis has been able to facilitate the infusion of funding to change the cost of maintaining the islands by having them bricked. Given this change and the role that Representative Ennis has taken, it was his opinion that to assume responsibility of the islands would be a small act of the City.

Responding to Mr. Salters, Mr. Koenig, Public Services Director, stated that the costs for the City to maintain the islands, 5,000 sq. ft. of area, would be approximately $300-$400.

In response to Mr. Ruane, Mr. Koenig estimated that there are 25 to 35 neighborhood associations throughout the City and the area of open space to maintain would be anywhere from a few acres to 75-80 acres, such as the Village of Westover.

Mr. Koenig advised members that there are only a few traffic islands in developments within the City, traditionally due to the irregular shape of the right-of-way.

Mr. DePrima noted that the planned bricking of the islands is to be accomplished one (1) each year for the next three (3) years. If the City would be responsible immediately for the islands, he noted that there would be additional costs involved for grass cutting expense. Mr. Koenig stated that of the 5,000 sq. ft., there is only 2,000 sq. ft. that would require grass cutting. He estimated that it would cost several thousand dollars for maintenance of the islands during the summer.

Mr. Slavin moved that the City modify the maintenance agreement with Persimmon Park Place so that the City is responsibility for spraying the islands that are bricked, once the bricking is completed year by year, and that the mowing costs, until the islands are completely bricked, will be borne by the homeowners association. The motion was seconded by Mr. McGiffin and failed by a roll call vote of five (5) no and three (3) yes (Mr. Slavin, Mr. McGiffin, and Mr. Hogan).

With regards to the Verizon Franchise Agreement negotiations, Mr. Ruane advised members that there has been an additional telephone conference call with the City’s attorney for the purpose of reviewing the most recent draft agreement and that discussions regarding this issue are continuing.

Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.

The Legislative, Finance, and Administration Committee met on September 24, 2007 with Chairman Slavin presiding.

Members were provided a letter dated September 6, 2007 from the U.S. Department of Justice regarding police grants, as well as the City’s Grant Application Procedures (#F317) maintained by the Department of Finance. Mrs. Mitchell, Finance Director/Treasurer, advised members that in March 2006, the U.S. Department of Justice conducted an audit of certain police grants and had concerns that the City did not have written procedures for the grant application process. At that time, staff developed the procedure which establishes clear directions for accounting for and administering the funds and resources received by the City through Federal, State, and other Grants. She advised members that this procedure was forwarded to the U.S. Department of Justice, which resulted in the above-mentioned letter which indicated that the procedure adequately addresses their previous concerns. However, it was suggested that the Procedure be reviewed and approved by City Council.

Mr. Ruane noted that there is no requirement to advise members of Council of grant requests. He suggested that there be a requirement for all grants submitted by any department of the City to go through the Legislative, Finance, and Administration Committee for Council approval. Responding, Mrs. Mitchell noted that Section 1 of the Grant Application Procedures states “If the City is awarded the grant, a Committee Action Form (CAF) is to be prepared for the Legislative, Finance & Administrative Committee to approve the grant award”. Mr. Ruane stated that his concern is the lack of knowledge of a grant application, not award of a grant, explaining that there are times when Council may not feel it is in the best interest of the City to apply for the grant. As an example, he stated that there may be a grant that provides for an additional employee for one (1) year, with the City to assume continuation of the position, which ultimately costs the City. It was his opinion that Council should determine if they are willing to assume such requirements when the grant application is being made rather than once the grant application has been awarded.

Mr. DePrima, City Manager, advised members that the reasoning for not requiring approval of grant applications is due to time constraints. He explained that there are many times when staff is discovering the opportunity for submitting a grant without enough time before the deadline to go through the committee review process. He assured members that each department is aware of their mission and responsibilities and has the knowledge of whether a grant is within their mission and/or goals set by City Council. Mr. DePrima further explained that staff would not accept the grant (or expend any monies) until it has been approved by City Council.

Concurring with Mr. Ruane, Mr. Slavin explained that the concern is not with the abilities of the department head but rather with the fiscal impact the grant would have on the City’s budget when the grant monies are expended, particularly those with limited term positions and other obligations. He also felt that it would provide an opportunity to review indirect costs and their funding or if revenue would be available that the City would otherwise not have. Mr. Slavin agreed that there are situations when there is not much notice provided for submitting a grant; however, there are many times that ample notice is given. It was his opinion that the Procedure should be amended to address the concerns regarding the approval of grant applications and at the same time, include flexibility within the Procedure to allow staff to submit an application when there is not enough time to submit the grant application to Council for approval.

Responding to Mr. Slavin, Mrs. Mitchell suggested that the Procedure could be amended to include notification to Council based on eligibility and then require approval by Council if the grant is awarded. Mr. Slavin requested that a series of questions be asked when applying for grants, as follows: 1) what are the expected matches and whether the match is a cost share or cash match; 2) what are the indirect costs and how are they calculated and whether they can be charged against the cost share; 3) what are the effects of employees or personnel hired as a result of soft-grant funding; 4) how the City would incorporate a mechanism that would attract the limited term employees; and 5) what is the type of funding and draws that affect the City’s cash flow.

In addition, Mr. McGlumphy requested that members of Council be made aware of where the grant money is coming from, when the grant is awarded, and if there is money allocated in the City’s budget in case the grant monies are not awarded.

The committee recommended approval of the Grant Application Procedure as recommended by staff, with the understanding that staff will develop additional documentation to address concerns relayed by members regarding grants and grant management to be brought back to the committee for their review and recommendation.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation (Exhibit #2), seconded by Mr. Slavin and carried by a unanimous roll call vote.

Mrs. Townshend, Director of Planning and Inspections, advised members that the City of Dover’s Comprehensive Plan is due for Update in September 2008. She stated that staff expects the process to take approximately one (1) year. Staff intends to complete the Update in-house, with a hired facilitator to facilitate the public meetings and a graduate-level planning intern to gather background information, compile data, and assist in drafting the text.

Mrs. Townshend stated that staff will prepare a request for proposals to hire a facilitator and hire a graduate research assistant as an intern through the University of Delaware Institute for Public Administration (IPA). Since this would require a contract with the IPA that excess $2,500, she advised members that the purchasing policy requires that a competitive RFP be done for professional services. Staff requested that Council waive this requirement due to the specialized nature of the need and the public service and planning specializations of the IPA. As a part of its mission, the IPA regularly places graduate students with state and local government agencies throughout Delaware. She advised members that there is no other comparable service or program in the other colleges or universities in Delaware, and an out-of-state college could not effectively provide the service. The research assistant assigned to the Planning Office would have the full resources of the IPA’s professional planners, as well as other professionals with a long history of expertise in public policy and administration. Mrs. Townshend advised members that the City has previously utilized the IPA’s services for other projects.

Staff recommended authorization to hire an intern through a contract with the University of Delaware, Institute for Public Administration. The intern would begin employment with the City on January 16, 2008 and work through May 31, 2008. Mrs. Townshend advised members that staff intends for an intern to be hired during the summer, explaining that $20,000 has been budgeted this fiscal year and $10,000 for the next fiscal year.

In response to Mr. Slavin, Mrs. Townshend stated that it is estimated that the intern will be assigned to work 20 hours per week. She stated that the IPA did not provide an hourly rate for the intern; however, she advised members that the City’s cost will include administrative fees to IPA. Mr. Slavin explained that it has been his experience that there is a large amount of over-head included in the hourly rate charged by the IPA for the intern.

Responding to Mrs. Jones, Mrs. Townshend explained that the reason why an out-of-state college could not effectively provide the service is strictly due to commuting issues as well as the learning curve that would be required. She advised members that the IPA understands Delaware Law, the Planning classes are based on state and local governments, their staff has done a substantial amount of work in Delaware, and they are very familiar with the planning related codes for Delaware, explaining that these codes change from state to state.

The committee recommended approval of staff’s recommendation to approve the expenditure of $10,125 for hiring of an intern through a contract with the University of Delaware, Institute for Public Administration.

Mr. Slavin requested that when this matter is presented to Council, staff provide details regarding the hourly rate that will be provided to the intern and the hourly rate charged by the IPA for the intern. (City Clerk’s Office Note: The Director of Planning and Inspections has provided the following in response to this request: “Of the contract amount, 10% is IPA's administrative cost (managing the contract, supervising the RA, providing support to the RA). The health insurance for the RA is about $300. The actual stipend paid to the RA for the semester is $7,000. There is $1,900 built in for transportation costs to and from Dover. In addition, there is the tuition waiver, which is not factored into this cost.”).

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation to approve the expenditure of $10,125 for hiring of an intern through a contract with the University of Delaware, Institute for Public Administration, seconded by Mr. Slavin and carried by a unanimous roll call vote.

During the past Budget Review, City Council indicated a desire to have the Pay for Performance (PFP) Policy and its implementation evaluated to determine whether it is meeting its original purpose. Although this is not a budgeted item, it was felt that the salary savings from the difference in the City Manager budgeted PFP increase and the amount approved by City Council could cover the proposed study. Members were provided a draft Request for Proposal (RFP) outlining the Scope of Work and vendor Qualifications for their review.

Staff recommended approval to proceed with the RFP for Review and Evaluation of the City’s Pay for Performance Policy. Mr. DePrima advised members that the City will have a Web Page dedicated to this RFP, which will allow anyone interested in bidding to have access to the PFP Policy as well as other supporting documents.

As suggested by Mr. McGlumphy, Mr. DePrima assured members that the PAS Study will be included on the dedicated Web Page. Mr. McGlumphy requested that when local salaries are provided, the private salaries be separate from municipalities and that the focus be on municipalities.

Mr. DePrima advised members that when a market study is conducted, the comparison is with other municipalities with the exception of the electric department employees. In response to Mr. McGlumphy, Mr. DePrima stated that when the proposals are received, if the cost is over $25,000, it is required to be presented to Council for approval; however, if it is the desire of members, the proposals could be presented regardless of the cost. He also offered to have Council participation in the selection of the firm.

Responding to Mr. Ruane, Mr. DePrima stated that staff would include a statement to verify that the expectation of the report on the findings would be to include recommendations for improvement as a result of the findings.

The committee recommended approval of staff’s recommendation to proceed with the Request for Proposal (RFP) for Review and Evaluation of the City's Pay for Performance Policy, stipulating that the results will be tempered with corrective action or updates on the City’s procedures.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Members were provided a draft ordinance amending Section 106-212 - Parking Limitations, of Chapter 106 - Traffic and Vehicles, Division 4 - Downtown Parking, of the Dover Code.

Responding to Mr. Slavin, Mrs. Townshend, Director of Planning and Inspections, reminded members that the amendment had been requested by Council due to concern of individuals parking vehicles in the downtown area for a substantial amount of time and in an area that parking is constrained. She stated that there currently is no time limit in the downtown parking area for this type of abuse and the Police could not take action until the issue resulted in an abandoned vehicle.

The committee recommended adoption of the proposed ordinance amending Section 106-212 - Parking Limitations, of Chapter 106 - Traffic and Vehicles, Division 4 - Downtown Parking, of the Dover Code.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).

During their meeting of September 10, 2007, members considered a request to authorize the purchase of the iasWorld CAMA Software including data table conversation and emulation from Tyler/CLT in the amount of $53,030, and authorized purchase supporting hardware in the estimated amount of $8,000. Due to there being several unanswered questions, Mr. Slavin requested that Mr. Capuano appear before the committee for further explanation.

Mr. Slavin reminded members that the issue was with Mr. Capuano’s request for the purchase of software which was hundreds of thousands of dollars and it was recently learned that the City did not need the software and that an upgrade to the existing version of software would be necessary.

Clarifying, Mr. Capuano explained that the program installed by CLT in 2005 has defects in capacities, such as the retrieval of data, creating reports, statistical information, and equalization process. Having discussed this with the City Manager, it was agreed that in April 2007, staff would search for an alternative program. The City conducted six (6) interviews and visited other communities to evaluate how well these software products would work for the City of Dover. At that time he began to draft an RFP when the City Manager reminded him that they would lose the existing Orion software in October 2007 and there would not be enough time for its replacement. Rather than taking the risk of trying to make the transition with a new company, staff selected a “patch” program. Mr. Capuano stated that he has investigated the “patch” with other communities and has determined that it is a “work in progress” and has not proven to be a long-term success.

With regards to the “patch” program referred to by Mr. Capuano, Mr. DePrima reminded members that the iasWorld CAMA (Computer Aided Mass Appraisal) Software is conversion software being offered by Tyler/CLT, the City’s current CAMA software vendor, to replace the existing Orion CAMA Software. He explained that when the phrase “patch” is used, it typically represents a fix to software that is not functioning properly. He assured members that this software is not a “patch”, explaining that the iasWorld CAMA software is a whole new product by the vendor.

Mr. Capuano stated that the use of the term “patch” is due to the inability of the iasWorld CAMA software to provide the functionality in all the areas he felt required such as market and cost approach; however, he sated that it will serve the City better than the Orion program. He also advised members that the software is not USPAP compliant; therefore, it is not a complete program.

Mr. DePrima advised members that Tyler/CLT met with City staff and provided assurance that the software does have the capability to conduct all three (3) assessment methods (market, cost, and income) and that the software does meet the requirements of USPAP. Unfortunately, he stated that the City Assessor was not in attendance during this meeting when these specific issues were discussed.

Mr. Capuano explained that based on the previous estimates received ($280,000 - $350,000), it would not be possible for a company to provide such a program for $60,000 as a full complement. It was his opinion that the software would have to have omitted at least of 50% of what is required of a full program.

Mr. Slavin reiterated his concern when the initial request was submitted, feeling that the request was not clear on the requirements, and then when he was advised that the same functionality could be achieved at an expense of $60,000 as the City would have with the new system at an expense of $350,000, he became more concerned and felt that this matter deserves more exploration. Mr. Slavin stated that at this time, due to the contradictory reports, etc., he still did not fully understand the issue.

Mr. McGlumphy explained his opinion that the City should invest in a tool that will be sufficient for a minimum of three (3) years.

Responding to Mr. Salters, Mr. Capuano indicated that the City will not have the ability to conduct the reassessment with the current software; however, he stated that the alternative provided (purchase of iasWorld CAMA Software) would allow the City to conduct the reassessment for this year.

In response to Mr. Slavin, Mr. Capuano confirmed that even if the City had budgeted enough money for new software, there would not be enough time for a new vendor to be selected and have completely new software deployed by the end of the current contract. He explained that the lack of planning sufficient time for instituting such software was due to mountainous difficult problems in the Assessor’s Office caused by years of neglect, acts of omission and co-mission both in assessment and management of the Assessor’s Office. As an example, he reminded members that 6,000 building permits were discovered that were never processed. Therefore, the focus for the Office during the past year has been to establish procedures. Mr. Capuano stated that he began working on the purchase of new software in February 2006 and that by April 2006, when staff was ready to issue RFP’s, the City Manager questioned the timing issue for implementation of new software by the October 2007 deadline. As a result, he concurred with the interim solution of purchasing the iasWorld CAMA software. During the next six (6) months to a year, he stated that the Assessor’s Office will determine the quality of the software. He stated that components of the CAMA software that are determined to be needed will cost the City additional money. Mr. Capuano explained that his original observation of this software was that it will not meet the needs of the City of Dover. He also advised members that the training for the new software that will be required will take approximately three (3) to six (6) months. It was his opinion that it would not be realistic to expect sufficient software to cost only $60,000, although it may serve as an interim solution.

As a result of the many conversations he has had with CLT, Mr. DePrima was optimistic that the iasWorld CAMA software will not just serve as an interim solution but will prove to be sufficient.

Considering the Charter requirement for the reassessment, at this time, Mr. McGlumphy relayed concern with the timing factor. As the City moves forward with the use of the software, he requested that staff inform members of Council of any issues. It was his recollection that, during the previous reassessment, there were problems with the software that CLT was utilizing. He requested that staff assure that the commercial properties are reviewed to ensure equity.

Responding, Mr. Capuano explained that the conversion process that occurred during the last reassessment was due to data errors caused by many years of neglect and was not caused by CLT.

As Chairman of the Tax Appeals Committee, Mr. Ruane stated that members are sensitized to the fact that unless the City’s assessment is done to the expectation of the taxpayers, there will be repeated unpleasantness. He questioned if there is a schedule planned for a total property assessment of the City and if it will be met. He stressed the importance of advising taxpayers of this information so that they are made aware of particular dates such as appeal deadlines.

Mr. Slavin requested that staff provide members, in two (2) weeks, with a schedule for the total property assessment, a readiness assessment, and a work plan for the Assessor’s Office. He relayed his disappointment in the delay of the management (internal) audit of the Assessor’s Office.

Mr. Capuano advised members that he proposed, several months ago, a six (6) year reassessment program, for both residential and commercial properties. He has not had the opportunity to finalize this program and although he is prepared to accomplish this, he relayed concern with the ability to have it accomplished in two (2) weeks, along with maintaining his other responsibilities of the office, including the preparation of tax appeal reports. He suggested that the schedule could be accomplished in four (4) weeks.

The committee recommended that the Tax Assessor prepare a schedule for revaluation and assessment to be completed to be submitted to Council in two (2) weeks.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation seconded by Mr. Slavin and carried by a unanimous roll call vote.

Responding to Mr. Salters, Mr. Capuano stated that a requirement of an appealing taxpayer is to have a report prepared for the Assessor’s review for the Tax Appeals Committee. If all these reports are received by the first of the month (when they are due), they will require 20 hours of research for each appraisal report in order to develop a review appraisal for the City. He stated that this requirement could be delayed if the Tax Appeals Committee delayed their meeting scheduled for the review of these reports.

In response to Mrs. Jones, Mr. Capuano indicated that there is no other staff available in the Assessor’s Office to conduct the research.

Mr. Slavin questioned the return on investment for the research required on the appraisal reports. Mr. Capuano advised members that the research is required by law, under USPAP; therefore, there is no other alternative.

Mr. DePrima reminded members that in March 2007, City Council approved a strategic plan for the Assessor’s Office, which included the development of a revaluation/assessment schedule. As a result, the goal for this year was to conduct a revaluation of 1/3 of the residential properties. The City budgeted for a residential appraiser based on Council’s approval. With regards to commercial properties, it was determined that between 2007 and 2010, staff would schedule and budget for all vacant commercial, industrial, and income property and hire an additional commercial appraiser. Once the Assessor’s Office completes the residential appraisals, work will begin on the commercial appraisals. Mr. DePrima suggested that this strategic plan be resubmitted for member’s review.

Mr. Ruane relayed concern with the process for conducting a revaluation of partial properties, noting that the Charter requires a total reassessment.

The committee recommended that staff, based on the schedule for the revaluation, conduct a readiness assessment for the purpose of determining if the City is able to meet the deadline set for the Tax Assessor and that the assessment include IT readiness as well as staff readiness.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

During the committee meeting, members considered instructing staff to conduct an internal management audit of the City Assessor’s Office, as order by the City Manager, to be completed by October 15, 2007. Some members felt that the audit should be conducted by a professional who is familiar with the function and requirements of the office. Members relayed concern regarding the October 15, 2007 deadline and concern that the process would be intrusive on the staff of the Assessor’s Office.

The motion, recommending that staff be instructed to conduct an internal management audit of the City Assessor’s Office, as ordered by the City Manager, to be completed by October 15, 2007 and that the City Assessor be cooperative in the audit, failed.

By consent agenda, Mr. McGiffin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.

The Safety Advisory and Transportation Committee met on September 25, 2007 with Mr. Slavin presiding in the absence of Chairman Hogan.

Chief Horvath, Dover Police Department, advised members that Kent County Levy Court has awarded $250,000 to Law Enforcement Agencies within Kent County Delaware, which is indicated as a one time grant funding source. The portion of the money allocated to the Dover Police Department is $24,500. The Department plans to utilize the money to purchase equipment and to fund two-man foot patrol assignments in three (3) targeted areas of the downtown area.

Staff recommended approval of the disbursement of the one time grant money in the following manner:

DESCRIPTION	COST
Purchase an upgrade to the current radio/telephone recording system	$4,356.00
Purchase an additional in-car digital video system and associated equipment	$5,700.00
Purchase an additional Taser and the extended warranty coverage	$ 979.00
Purchase additional Taser cartridges, 50-25 feet length cartridges	$1,137.50
Fund the cost for Foot Patrol Assignments in three (3) targeted areas of downtown: 1) Bar/Restaurant area; 2) College (Wesley) residential area; and 3) former Weed and Seed area.	$12,327.50

Members were advised that upon approval and secured funding, the Police Department will expend the money according to the City’s purchasing policy.

Responding to Mr. Link, Chief Horvath stated that the foot patrol assignments will be provided by officers on police extra duty assignment.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Update and Assignment of Recommendations of Sex Offender Legislation Review Committee

During the Regular Council Meeting of April 23, 2007, the Sex Offender Legislation Review Committee presented its Final Report and Recommendations. Members were provided the recommendations of the Sex Offender Legislation Review Committee for their review and referral to the appropriate departments for implementation.

1. Sex Crimes Unit. It is recommended that a Sex Crimes Unit be established in the Dover Police Department. This would require adding two Detectives to the Dover Police Department and implementing the unit within the Criminal Investigations section.

Chief Horvath advised members that two (2) additional officers were approved and it is anticipated that they will be hired in March 2008. These officers will be assigned to the Special Enforcement Unit. He indicated that the officers may not necessarily be detectives or assigned, at this time, to the Sex Crimes Unit; however, this may change as this whole unit evolves.

2. Homeless Ordinance. The City of Dover is encouraged to adopt a “homeless sex offender” ordinance. This ordinance would require that any sex offender registering him- or herself as homeless be required to confirm that registration on a frequent basis at the Dover Police Department.

Chief Horvath advised members that the State of Delaware recently adopted legislation that requires homeless sex offenders to report, as follows: 1) Tier I - every 90 days; 2) Tier II - every 30 days; and 3) Tier III - every 7 days. Therefore, it will not be necessary for the City to adopt a homeless ordinance.

3. Homeless registration loophole. It is recommended that the General Assembly address the current loophole in state law which allows sex offenders to register as homeless.

4. Longer probation for Tier III. It is recommended that the State of Delaware mandate that all Tier III sex offenders be placed on life time probation, or at least a significantly longer probation period.

Mr. Slavin suggested that this recommendation be forwarded to the State legislators and, as Chairman of the Committee, he requested that the City Clerk prepare an appropriate letter.

5. Failure to re-register. It is recommended that the State of Delaware implement penalties for failure to re-register as a sex offender be stiffened from the current Class G Felony status.

Mr. Slavin requested that the City Clerk include this recommendation, along with recommendation #4, in the letter to the State legislators.

6. Driver’s License and Registration. It is recommended that the driver’s license and vehicle registration for all sex offenders be noted on the documentation issued by the State of Delaware.

Currently, Chief Horvath indicated that drivers license provides a “y” under restrictions for sex offenders; however, there is nothing included on the registration card. Mr. Slavin requested that the City Clerk include this recommendation in the letter to the State legislators.

7. Sex Offender Registry. It is recommended that the State of Delaware include the ability to search the Sex Offender Registry by place of employment, school, and school district.

Chief Horvath stated that all information is available on the registry (www.sexoffender.dsp.delaware.gov) with the exception of the school district; however, there is the ability to search by city which would give an indication of the appropriate school district.

8. Clearer Pictures for Schools. It is recommended that clear pictures of sex offenders be sent to schools by the Dover Police Department for placement in their notification binders. In order to improve quality of image, it is suggested that e-mail be utilized.

Chief Horvath stated that the Dover Police Department sends school districts a colored photograph of the person via the e-mail.

9. Notify our Parks. It is recommended that the Dover Police Department notify all city parks and the City Library for all Tier III and Tier II sex offenders in the City.

Chief Horvath assured members that the City Parks and Library are provided all sex offender information.

10. Notify Bus Drivers. It is recommended that the Dover Police Department develop a strategy to educate school bus drivers on the issue of sex offenders in the community.

Lt. Bernat is currently working on developing a strategy on the way to teach and disseminate information to the public, including bus drivers.

11. Private Schools. It is recommended that all private schools in the City of Dover maintain a sex offender notification binder at their front desks, similar to those maintained by public schools. It is also recommended that the State of Delaware require private schools to maintain such notification binders.

Chief Horvath stated that private and charter schools located in the City of Dover are now receiving sex offender notifications and were provided an up-to-date binder that included all sex offenders.

12. Youth Activities Volunteers. It is recommended that all providers of activities for youth in Dover conduct background checks on employees and volunteers. It is also recommended that all educators conduct background checks.

Mr. Slavin requested that Chief Horvath provide details as to what is involved in conducting a background check. He suggested that the City Manager provide assistance by requesting that the Public Information Officer conduct a public information campaign, issue press release, follow-up story, etc.

Chief Horvath suggested the possibility of the City requiring those organizations that utilize City athletic fields and facilities to conduct background checks. Mr. Slavin suggested that the City Manager work with the Parks and Recreation Director in development of a Memorandum of Understanding.

13. Public Forum. A public forum should be held at the conclusion of the Committee’s work to review the recommendations.

Mr. Slavin requested that the City Clerk schedule a public forum sometime during the latter part of October or during November 2007.

14. 5-in-5 Communication Strategy. The Committee recommends that a “5 in 5” communication strategy be adopted, utilizing five different methods of communicating important issues relative to the issues of sex offenders in our community. Such strategies might include the following:

a.Printed copies of the report will be available, as well as posted on the City’s web site.

b.The City of Dover utility bill “stuffers” should be utilized to promulgate important information to citizens on how to become more knowledgeable about the issue of sex offenders in our community.

Mr. Slavin advised members that he has had discussions with the City Manager regarding this recommendation and that it should be accomplished during late October/early November 2007.

c.An email subscription service should be offered by the City and used to communicate information about this issue to citizens.

Mr. Slavin indicated that this has been accomplished through the following Website: www.crimeweb.org

d.The Committee will ask Comcast to sponsor a short message about the Committee’s work, as well as to broadcast the “Safe Side” video.

Mr. Slavin stated that according to discussions with Comcast, they are very much interested in serving as a sponsor and indicated that this recommendation is underway.

e.The Committee will ask school districts to design and use a special “red envelope” approach to sending information home to parents when notification is warranted.

Mr. Slavin requested the City Clerk to include this item on the agenda when the School District/City Council Liaison Committee is appointed.

15. Police Seminars. The Dover Police Department should hold bi-annual public seminars on the issue of sex offenders, to include enforcement and notification.

Chief Horvath advised members that he held a “Chat with the Chief” during June 2007, and although not advertised as such, the first 20 minutes was an explanation of the Sex Offender Laws.

Mr. Slavin suggested that this recommendation be coupled with the open forum (see recommendation #13).

16. Curriculum. The Delaware Department of Education is encouraged to develop curriculum which addresses the issue of sex offenders, and is also encouraged to require an annual awareness day on this issue in all schools in Delaware.

Mr. Slavin requested the City Clerk to include this item on the agenda when the School District/City Council Liaison Committee is appointed.

17. Establish a Go Ahead and Ask Program. The development of a “Go Ahead and Ask” program is recommended for all consumers who do business with contractors for services rendered in their home. The program encourages the consumer to ask two questions:

a.“Have you checked the criminal background of all employees who will do work in my home?

b.“Can I have their names in order to run my own check against the sex offenders registry?”

Mr. Slavin requested the opportunity to meet with the City Manager and the Public Information Officer to develop a means of disseminating this information. Chief Horvath also suggested that this recommendation be included during any seminar and open forum.

18. Safe Side Videos. The Dover Public Library is encouraged to buy multiple copies of the “Safe Side” video and make it available for borrowing by all library card holders. In addition, it is recommended that Comcast be asked to broadcast these videos as a benefit to the community.

Mr. Slavin stated that he would submit a request for the purchase of the videos (which may be free of charge) and noted that Comcast has indicated their concurrence to broadcast these videos.

Chief Horvath relayed appreciation for the additional officers approved by Council and as justification, he advised members that the number of sex offenders is increasing in the City (Tier I - 80%, 15 to 27; Tier II - 23%, 99 to122; and Tier III - 61%, 18 to 29). He stated that, as of September 2007, there are a total of 196 sex offenders registered in the City. Chief Horvath stated that the Dover Police Department leads the State in checking business and residence requirements, explaining that although the check is required at least once a year, at the suggestion of Lt. Bernat, Dover Police Department conducts the check four (4) times a year. He reviewed the daily duties and responsibilities for these new officers.

The committee recommended acceptance of the recommendations of the Sex Offender Legislation Review Committee and enactment of those that are not already covered by the State.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Mr. Gary Laing, Municipal Liaison for DelDOT, gave members the following updates:

DelDOT Mega Traffic Study (SR1/Route 8 and East Dover Housing Development Projects)

Mr. Laing advised members that DelDOT has identified five (5) requirements, although none of them could be assigned to a particular developer, as follows:

1)Construction of an eastbound Kings Highway right turn lane; and extending the eastbound left turn lane, at the Route 13/Whiteoak Road/Kings Highway intersection.

3)Construction of an eastbound left-turn and westbound right-turn lane at the Route 8 and Willis Road intersection.

4)Construction of a right-hand turn lane on eastbound Whiteoak Road and Upland Avenue.

5)Construction of an east-bound, left-turn and a west-bound, right-turn lane at Route 8 and Mitchner Road/Loockerman Street.

Mr. Laing indicated that DelDOT has adjusted signal timings at Route 13 and Route 8 and through the DelTrac System, they are monitoring the traffic signals at all time and making adjustments when and if necessary. In addition, on west-bound Route 8 at the Route 13 signal, the left-turn green light has been lengthened.

There is a proposal for development of land located in the Kings Highway, Route 13, and Maple Parkway area. If this comes to fruition, Mr. Laing stated that it may provide the opportunity to have some of these improvements accomplished.

Mr. Laing stated that as a result of the above, there will be no further updates provided for the DelDOT Mega Traffic Study.

Mr. DePrima stated that since these necessary improvements have not been assigned to developers, the City, with the assistance of the Dover/Kent MPO, can prioritize the projects in order that they may be included for consideration by DelDOT.

The committee recommended that staff review the projects to determine those that are and are not considered a priority for a report back to the committee.

By consent agenda, Mr. McGiffin moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

DelDOT is currently waiting to determine what the developer plans are with the Kesselring property since many of the alternatives involve this property. Mr. Laing stated that the developer is aware of the proposed alternatives developed by DelDOT.

Mr. Laing explained that there is reluctance for installing a traffic signal at Greenway Lane and Kenton Road due to the close proximity of the traffic signal at the intersection of Route 8 and Kenton Road. However, he stated that there have been discussions regarding other means of traffic control by restricting left-turn lanes from the apartments and the shopping center.

In response to Mr. Carey, Mr. Laing stated that DelDOT would only install a pedestrian cross-walk at the intersection of Route 8 and Kenton Road. Mr. Carey reiterated his feeling that a pedestrian cross-walk at Greenway Lane and Kenton Road would provide an earmark of where they should travel and assist the motoring public. He noted that there are other areas within the City that have cross-walks where there is no traffic signal.

Mr. Laing stated that the South Governors Avenue Improvement project is moving along and that the construction is scheduled to begin this fiscal year. There have been plans to have a public information session to remind citizens of the details regarding this project, not for comment or changes, but to make the public aware of what they can expect.

Responding to Mr. DePrima with regards to a request made during the Utility Committee meeting of September 24, 2007, Mr. Laing suggested the possibility of DelDOT conducting some type of outreach in addition to the meeting.

Noting that the attendance at such meetings is minimal, Mr. Link suggested the possibility of placing a notice in the Dover Post. Responding, Mr. Laing stated that DelDOT intends to contact the media and expects they will include information. In addition, he stated that DelDOT will provide visual materials that can be included and that there will be press releases as well as other outreach means.

Mr. Laing advised members that the signalization project continues to progress just a little behind schedule.

Mr. Laing stated that the Wyoming Mill Road Project is currently in DelDOT’s Planning Department and is expected to be designed in the near future.

Mr. DePrima advised members that this project will actually be a City construction project.

Ms. Wieczorek, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), stated that the final meeting Project Advisory Committee for the Route 8 Study will be held tomorrow night, and that it is anticipated that final recommendations will be developed for distribution to the public. She requested that members allow for a Power Point Presentation on this project at their next committee meeting .

With regards to the North Dover Study, Ms. Wieczorek advised members that the consultant has been developing a traffic signalization model. She has been working with the City Manager for assistance in conducting a traffic impact study for the proposed Civic Center.

Mrs. Wieczoreck stated that she contacted DelDOT regarding the signal timing for turn lanes on State Street and has not yet received a response. However, in discussions with the Traffic Management Center, they plan to review the whole corridor in terms of signal timing. When the signals at Division and State Streets were upgraded, it added additional signal phases to the cycle which has made it difficult to give more “green” time to the turning movements since it delays the other signals.

The new public participation plan has been developed and is available on the Dover/Kent County MPO Website.

By consent agenda, Mr. McGiffin moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Members were advised that the Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the department. These contracts are priced as “time and material” contracts and may exceed $25,000 annually. Mr. DePrima, City Manager, explained that these are service contracts that are not specific projects listed in the budget. The budgeted amounts varies in different accounts and projects and are not required expenses. Members considered the following bid requests:

Mr. DePrima, City Manager, advised members that bids were solicited for underground linework which would include the installation of conduit, cable, equipment and related materials. The vast majority of this work will be performed by in-house staff; however, this contractor would be used to supplement City staff when scheduling conflicts dictate the need.

Staff recommended awarding the blanket Underground Linework Contract to the low bidder, Guardian Construction, for one (1) year with the option to extend it for an additional two (2) years (three years total). Mr. DePrima advised members that the funding will be coupled to the appropriate operations or capital project for which the work is being performed with an expenditure estimated at $50,000, which is a three (3) year average. The duration of the bid is for a one (1) year contract with the possibility of a second and third year extension dependant upon satisfactory performance.

Mr. Ruane moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.

Mr. DePrima, City Manager, advised members that bids were solicited for overhead line work which may include, but is not limited to, the installation of poles, conductors, transformers, equipment and related equipment. The vast majority of this work will be performed by in-house staff; however, this contractor would be used to supplement City staff when scheduling conflicts or storms dictate the need. He advised members that it is recommended that contracts be issued to two (2) bidders to ensure that the City has the resources available to respond to major storm events.

Staff recommended awarding the blanket Overhead Linework Contract to two (2) bidders: Utilities Lines Construction Service as the primary contractor and G.A. Vietri, Inc., as a secondary contractor, each vendor to receive a one (1) year contract with the option to extend an additional two (2) years (three years total). Mr. DePrima advised members that the funding will be coupled to the appropriate operations or capital project for which the work is being performed with an expenditure estimated at $203,000, which is a three (3) year average. The duration of the bid is for a one (1) year contract with the possibility of a second and third year extension dependant upon satisfactory performance.

Mrs. Russell moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.

Mr. DePrima, City Manager, advised members that bids were solicited for directional boring which would include the installation of conduit in established areas to minimize yard/right-of-way restoration and for road crossings.

Staff recommended awarding the blanket Directional Boring Contract to the low bidder, Joseph R. Smith, Inc. for one (1) year with the option to extend it an additional two (2) years (three years total).

Mr. McGlumphy moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Mr. DePrima, City Manager, advised members that bids were solicited for miscellaneous landscape work that might be required over the course of time and include services for the repair of rights-of-way and established private yards disturbed by City activities during maintenance and/or construction work. It is staff’s intent, whenever possible, to use the City’s Ground crews or the Construction crews prior to contracting with a vendor.

Staff recommended awarding the blanket Landscaping Contract to the low bidder, Guardian Construction for one (1) year with a City option to extend it an additional two (2) years (three years total).

Responding to Mr. McGlumphy, Mr. Lunt, Public Utilities Director, indicated that he does not anticipate requiring over-time for employees in utilizing this service; however, this may be necessary if there were extreme circumstances, such as a storm.

Mr. Hogan moved for approval of staff’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote.

Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of October 22, 2007.

In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:

Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 4 - Downtown Parking, Section 106-212 - Parking Limitations

The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 24, 2007.

Mr. Salters moved that the Final Reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.

Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision II - Board of Trustees, Section 2-362 - Composition and Section 2-365 - Vacancies and Section 2-335 - Termination of Employment of the General Employee Pension Plan and Statement

Mr. Hogan moved for adoption of the following ordinances, seconded by Mr. Salters and carried by a unanimous roll call vote:

That Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Subdivision II - Board of Trustees, Section 2-362 - Composition, paragraph (3) - Participants, and Section 2-365. Vacancies of the Dover Code be amended to read as follows:

(2)City officials. Two elected city officials who shall be appointed by the council president, subject to confirmation of a voting majority of the city council at its annual meeting.

(3)Participants. Three participants or retired participants of the plan who shall be elected by the participants and retired participants of the plan.

(a)Such election shall be for three-year staggered terms, beginning July 1^st and ending June 30^th three years later. A regular election for filling these positions will be held the third week of June each year.

(b)In the first week of April of each year, the city clerk shall notify those eligible to vote of the exact time and place of the election. Any General Employee Pension Plan member that is eligible to vote and appears on the listing of qualified voters who will be unable to appear at the polling place on the date and time of the election may cast his or her vote by absentee ballot in the General Employee’s Pension Plan Election for the following reasons: 1) Armed Forces, 2) Public Service, 3) Occupation, 4) Sickness, 5) Disability, 6) Religion, 7) Vacation, or 8) Residency outside of the Dover area which makes it infeasible to vote in person.

If a vacancy occurs in the offices of the pension board of trustees, the vacancy shall be filled for the unexpired term within 60 days and in the same manner as the office was originally filled. Should a member of the pension board of trustees cease to be in the employ of the city, other than by retiring in accordance with this division, his office as a member of the board shall be declared vacant.

Section 2-335 - Termination of Employment of the General Employee Pension Plan and Statement

That Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 - General Employee Pension Plan, Section 2-335 - Termination of Employment, paragraphs (e) and (f) of the Dover Code be amended to read as follows:

(e) Refund of Contributions. When an employee leaves the employment of the city and is entitled to withdraw his contributions, then he shall submit a written notarized request for a refund of these contributions before payment shall be made. The refund will be distributed on the ninety (90^th) day after the notarized request for refund is received by the City of Dover.

(f) Pension contributions will be automatically refunded to all non-vested employees who do not return to active employment with the City of Dover within five years after the employee’s last day of employment.

Chapter 62 - Law Enforcement, Article III - Pension Plan, Division 2 - Retirement Committee, Section 62-102 - Members, Subsection (c) - Election

Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.

Mr. Hogan moved for adoption of the following ordinances, seconded by Mr. Salters and carried by a unanimous roll call vote:

That Chapter 62 - Law Enforcement, Article III - Pension Plan, Division 2 - Retirement Committee, Section 62-102 - Members, Subsection (c) - Election, of the Dover Code be amended by inserting a new paragraph (4) to read as follows:

(4)Any Law Enforcement (Police) Pension Plan member that is eligible to vote and appears on the listing of qualified voters who will be unable to appear at the polling place on the date and time of the election may cast his or her vote by absentee ballot in the Law Enforcement (Police) Pension Plan Election for the following reasons: 1) Armed Forces, 2) Public Service, 3) Occupation, 4) Sickness, 5) Disability, 6) Religion, 7) Vacation, or 8) Residency outside of the Dover area which makes it infeasible to vote in person.

Mr. Slavin referred to an issue for the Third Council District on Spruance Road which involved numerous complaints relating to code violations, public safety issues, noise complaints, etc. He stated that as a result, a “walk through” was conducted and thanked Police Officer Ben Marvel, Mr. Colburn, and Mr. DePrima for their participation. He advised members that every possible issue that was visual allowed for the creation of a punch list of more than 50 items. He relayed appreciation for staff taking time out of their personal time on Saturday.

Mr. Hogan referred to the First Reading of ordinances and questioned the ability of members to make comments. He requested that staff provide clarification as to the appropriate time to allow for questions and comments regarding ordinances proposed for First Reading. City Clerk’s Office Note: In accordance with Section 1-9 of the Dover Code, the First Reading of an ordinance is conducted for its introduction. The ordinance is considered by the appropriate committee, which then reports to Council. Should members of Council have additional questions or comments regarding an ordinance, they could be discussed during the committee’s report to Council. The Deputy City Solicitor has been requested to review the current process and provide alternatives for consideration.

Mr. Salters thanked the Mayor, members of City Council, and staff for working with him during his tenure as Council President.

Mrs. Russell referred to the City Manager’s Budget Tracking Report presented to the Legislative, Finance, and Administration Committee during their meeting earlier in the evening and relayed appreciation for its ease in comprehending.

Council President Williams thanked members of City Council and staff for their support during her tenure as Mayor. She also congratulated Mayor Carey and wished that “his journey would be smooth and his destiny clear” and offered her assistance.

Mr. Hogan moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 8, 2007, are hereby approved.

Exhibit #1 - Letter dated November 4, 2005, from Mr. Hogan addressed to Mr. Tolbert