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REGULAR COUNCIL MEETING
AGENDA
AUGUST 10, 2015 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN SUDLER
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES
A. REGULAR COUNCIL MEETING OF JULY 27, 2015
B. SPECIAL COUNCIL MEETING OF JULY 27, 2015
2. PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2015-12 - REZONING
REQUEST FOR PROPERTIES LOCATED AT 35 AND 39 NORTH NEW STREET
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL
MEETING OF JUNE 22, 2015. COPIES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL
CHAMBERS.
A. PROPERTIES LOCATED AT 35 AND 39 NORTH NEW STREET, CONSISTING OF
0.137+/- ACRES AND 0.089+/- ACRES, OWNED BY ROBERT AND ERIN BARRETT AND
ERIN L. COOPER, RESPECTIVELY. THESE PROPERTIES ARE CURRENTLY ZONED RG-1
(GENERAL RESIDENCE) AND THE PROPOSED ZONING IS RG-3 (GROUP HOUSING)
(TAX PARCELS: ED-05.076.08-05-39.00-000 AND ED-05.076.08-05-40.00-000; PLANNING REFERENCE
Z-15-03; 4TH COUNCIL DISTRICT)
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COUNCIL AGENDA - AUGUST 10, 2015 PAGE 2
3. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY
LOCATED AT 128 SOUTH QUEEN STREET, OWNED BY JOE W. BURDEN, JR.
(STAFF RECOMMENDS: 1) DECLARING THIS BUILDING AND ALL ACCESSORY STRUCTURES ON THIS
PROPERTY DANGEROUS; 2) ORDERING THE PROPERTY REPAIRED OR DEMOLISHED BY
SEPTEMBER 10, 2015 BY THE OWNER OR EQUITY OWNER AT THEIR OWN RISK; 3) ORDERING THE
BUILDING INSPECTOR TO CAUSE THE DEMOLITION OF THE STRUCTURES IF NOT COMPLETED BY
THE OWNER WITHIN 10 DAYS OF THE DATE ESTABLISHED BY CITY COUNCIL; AND 4) ORDERING
THE CITY MANAGER WITH THE ASSISTANCE OF THE CITY SOLICITOR TO CAUSE THE COST OF
DEMOLITION TO BE CHARGED AGAINST THE LAND ON WHICH THE BUILDING EXISTS AS A
MUNICIPAL LIEN OR CAUSE SUCH COST TO BE ADDED TO THE TAX DUPLICATE AS AN ASSESSMENT,
OR TO BE LEVIED AS A SPECIAL TAX, OR TO BE RECOVERED IN A SUIT AT LAW AGAINST THE
OWNER)
4. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY
LOCATED AT 669 WEST NORTH STREET, OWNED BY JOE W. BURDEN, JR.
(STAFF RECOMMENDS: 1) DECLARING THIS BUILDING AND ALL ACCESSORY STRUCTURES ON THIS
PROPERTY DANGEROUS; 2) ORDERING THE PROPERTY TO BE DEMOLISHED BY
SEPTEMBER 10, 2015 BY THE OWNER OR EQUITY OWNER AT THEIR OWN RISK; 3) ORDERING THE
BUILDING INSPECTOR TO CAUSE THE DEMOLITION OF THE STRUCTURES IF NOT COMPLETED BY
THE OWNER WITHIN 10 DAYS OF THE DATE ESTABLISHED BY CITY COUNCIL; AND 4) ORDERING
THE CITY MANAGER WITH THE ASSISTANCE OF THE CITY SOLICITOR TO CAUSE THE COST OF
DEMOLITION TO BE CHARGED AGAINST THE LAND ON WHICH THE BUILDING EXISTS AS A
MUNICIPAL LIEN OR CAUSE SUCH COST TO BE ADDED TO THE TAX DUPLICATE AS AN ASSESSMENT,
OR TO BE LEVIED AS A SPECIAL TAX, OR TO BE RECOVERED IN A SUIT AT LAW AGAINST THE
OWNER)
5. MAYOR ROBIN R. CHRISTIANSEN VETO - MOTION ADOPTED BY CITY COUNCIL ON
JULY 27, 2015 - TO AFFIRM CITY COUNCIL’S DECISION OF MARCH 23, 2015, TO MOVE THE
ECONOMIC DEVELOPMENT OFFICE UNDER THE CITY MANAGER, WITH THE UNDERSTANDING
THAT THIS MATTER WILL BE REVISITED IN SEPTEMBER, WHICH COULD LEAD TO A DIFFERENT
ACTION
* 6. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JULY 27, 2015
A. PROPOSED 15 MPH SPEED LIMITS FOR ALLEY WAYS
(COMMITTEE ACTION NOT REQUIRED)
B. OVERVIEW - LOOCKERMAN STREET/FOREST STREET IMPROVEMENTS (ROUNDABOUT)
(COMMITTEE ACTION NOT REQUIRED)
C. UPDATE - AMBULANCE SERVICE STATISTICS
(COMMITTEE ACTION NOT REQUIRED)
D. BRIEFING ON DELAWARE DEPARTMENT OF TRANSPORTATION (DELDOT) PROJECTS
(COMMITTEE ACTION NOT REQUIRED)
* 7. CORRECTION TO PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
REPORT - MARCH 9, 2015
(STAFF RECOMMENDS ACCEPTANCE OF THE REVISED REPORT)
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COUNCIL AGENDA - AUGUST 10, 2015 PAGE 3
* 8. MONTHLY REPORTS - JUNE 2015
A. CITY ASSESSOR’S REPORT
B. CITY MANAGER’S REPORT
C. CITY PLANNER’S REPORT
D. CONTROLLER/TREASURER’S BUDGET REPORT (PRE-AUDIT)
E. ECONOMIC DEVELOPMENT OFFICE REPORT
F. FIRE CHIEF’S REPORT
G. POLICE CHIEF’S REPORT
* 9. QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (APRIL, MAY, AND JUNE)
(PRE-AUDIT)
10. REVISED PROPOSAL FOR DISPOSITION OF CITY OWNED LAND – PROPERTY LOCATED AT
24 NORTH NEW STREET
(CITY MANAGER REQUESTS AUTHORIZATION TO SELL THE PROPERTY LOCATED AT 24 NORTH
NEW STREET TO CENTRAL DELAWARE HABITAT FOR HUMANITY FOR $10,500 WITHOUT SEEKING
ADDITIONAL BIDS)
* 11. APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - DOWNTOWN DOVER
PARTNERSHIP BOARD OF DIRECTORS
A. ROBERT E. CLARK II (PRESIDENT OF WESLEY COLLEGE) (TO FILL THE UNEXPIRED
TERM OF DR. WILLIAM JOHNSTON - TERM TO EXPIRE MAY 2017)
B. MITCH MAY (UNDESIGNATED REPRESENTATIVE/COMMERCIAL PROPERTY OWNER) (TO
FILL THE UNEXPIRED TERM OF GERALD STREET - TERM TO EXPIRE MAY 2017)
* 12. REASSIGNMENT OF PLANNING COMMISSION DISTRICT REPRESENTATION - BOBBY JONES
(TERM TO EXPIRE JUNE 2017) FROM FIRST (1ST) DISTRICT TO AT-LARGE AND KATHLEEN
STILL (TERM TO EXPIRE JUNE 2016) FROM AT-LARGE TO FIRST (1ST) DISTRICT
13. COUNCIL MEMBERS’ ANNOUNCEMENTS
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2015\08-10-2015.WPD
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE
TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 27, 2015 at 7:30 p.m. with Council President Slavin
presiding. Council members present were Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Hosfelt, Mr. Hare,
and Mr. Hutchison. Mr. Anderson and Mr. Lewis were absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend, Deputy
Fire Chief Carey, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen
was also present (departed at 7:46 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Ms. Altoria Turnage, 1422 McKee Road, informed members that she is the property manager for
several properties and they are having an issue with the requirement that their driveway be stone or
paved. She felt that the requirement was only being applied to certain properties, noting that there
are several Caucasian-owned rental properties on Slaughter Street that do not have stone or paved
driveways.
Mrs. Townshend, Director of Planning and Community Development, advised that the zoning
ordinance requires that permanent parking areas be a hard, paved, dust-free surface and the Code
Enforcement Officers regularly write up people when they are parking on the grass, or when there
is no grass because people have been parking and it has become compacted dirt. She noted that
there are a number of places around the City where there is stone that was in place before the zoning
regulations. In cases where there was concrete or where there is nothing, when a parking area needs
to be added it needs to be concrete, asphalt or other type of paved surface.
Ms. Turnage indicated that some other landlords in the area have not received documentation from
the City indicating that they are required to have work done on their driveways while approximately
eight (8) other rental properties on Slaughter Street have received notices.
Acknowledging receipt of citations and fines for tall grass, Ms. Turnage advised that she took
pictures of tall grass on other properties and asked why those properties were not being addressed.
Responding, Mrs. Townshend stated that the Code Enforcement Officers spend the bulk of the warm
months, from April into October, writing up grass. She noted that new cases may take longer to cut
because of the process they have to go through. Mrs. Townshend noted that the City spends
approximately $18,000 a year cutting grass on private properties. She advised that the five (5) Code
Enforcement Officers write up hundreds of tall grass cases each year, some of which are complaint
driven.
Ms. Turnage advised that they had received an email from Mrs. Townshend stating that the grass at
102 South Queen Street was getting tall but right next door the grass is 26 inches tall and has not
been cut. Mrs. Townshend assured Ms. Turnage that it would be addressed, if it hadn’t been already.
She stated that she sent Dr. Burden the email as a courtesy to avoid having to incur the costs.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 2
Mrs. Townshend stated that Dr. Burden has since advised her that he did not wish to receive courtesy
emails in the future.
The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Sudler and unanimously
carried.
Mr. Hare moved for approval of the Consent Agenda, seconded by Mr. Hutchison and carried
by a unanimous roll call vote (Anderson and Lewis absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 13, 2015
The Minutes of the Regular Council Meeting of July 13, 2015 were unanimously approved by
motion of Mr. Hare, seconded by Mr. Hutchison and bore the written approval of
Mayor Christiansen.
REMARKS BY LEVY COURT PRESIDENT P. BROOKS BANTA
Levy Court President P. Brooks Banta stated that it was always an honor to be in City Council
Chambers. He advised that the relationship between the County and the City had never been better
and he, along with the six (6) other County Commissioners and the County Administrator, are very
proud of that. Mr. Banta stated that it is great to work with people like Mrs. Ann Marie Townshend,
Director of Planning and Community Development, Mr. Scott Koenig, City Manager, and
Mayor Robin Christiansen, noting that he hopes the relationship between the City and County will
continue to flourish under the current leadership.
Council President Slavin stated that he attended a recent Levy Court meeting and in his remarks he
wanted to say that the partnership runs wide and deep between the City and the County and the City
appreciates their work, such as the Reciprocal Borrowing Agreement for library services, the
financial support the County provides to the City’s Fire Department, the partnership related to
wastewater, and a whole series of other things.
President Banta also noted the great services provided by the paramedics to all of Kent County
utilizing taxpayer dollars. He noted that this service is often overlooked.
Mr. Hutchison advised members that he and Mrs. Traci McDowell, City Clerk, had the opportunity
to attend the Kent County Levy Court Committee meeting recently and he thanked President Banta
for the invitation. Mr. Hutchison stated that it was a very impressive meeting.
PRESENTATION BY LUTHERAN SENIOR SERVICES OF DOVER, INC. - PAYMENT IN
LIEU OF TAXES (PILOT)
Lutheran Senior Services of Dover, Inc. is exempted from payment of City of Dover property taxes;
however, in their desire to be good neighbors they have, since 1989, voluntarily contributed to the
City a Payment in Lieu of Taxes (PILOT). Their initial payment in 1989 was $5,000 and it has
consistently increased over the years, with this year's contribution being $27,227, for an approximate
total contribution to date of $437,529.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 3
Mr. Gary Coy, Executive Director of Lutheran Senior Services, Inc., stated that this is was his 8th
opportunity to be able to bring the PILOT to Dover. He noted that Lutheran Senior Services very
much appreciates the relationship they have with the City and all the services that are provided.
Mr. Coy advised that although they do not pay taxes, they do use City services such as fire
protection, ambulance, police, and roadways and they are grateful for all the service that they get.
Mayor Christiansen thanked Mr. Coy for the continued interest in the City of Dover, generous
donations, and the great service Lutheran Senior Services provides by taking care of those who need
a place to stay and looking after the senior citizens.
RECOGNITION OF SERVICE - GERALD STREET - DOWNTOWN DOVER
DEVELOPMENT CORPORATION - APRIL 1990 - AUGUST 2008 AND DOWNTOWN
DOVER PARTNERSHIP - AUGUST 2008 - JUNE 2015
On behalf of members of Council, Mayor Christiansen presented Mr. Gerald Street with a Dover
Cup in recognition of his service on the Downtown Dover Development Corporation (DDDC) from
April 1990 through August 2008 and the Downtown Dover Partnership (DDP) from August 2008
through June 2015.
Mayor Christiansen reminded members that 25 years ago Mayor Jack Richter had a vision of
revitalizing downtown Dover and he selected a few people who he knew would carry the ball for
him. He stated that he did not think Mayor Richter knew that Gary Patterson, Gerry Street and
Joe McDaniel would continue to carry the ball on and on and on until, finally Mr. Street advised him
that it was time to go. Mayor Christiansen stated that he was pleased to recognize Mr. Street for his
service, not only to the City but to all the citizens and the vision that Mayor Richter and the people
who have served on the DDP have had, noting that they will see the fruits of their labors in the
future.
On behalf of the DDP Board of Directors, Mr. Gregg Moore, President, thanked Mr. Street for great
support and all he has done over the last 25 years for the Downtown Dover Partnership. Mr. Moore
noted that Mr. Street had been instrumental in their projects, he had been unwavering, had given
hundreds of hours of his time to the partnership, and had been a great ambassador of downtown.
Mr. Moore also advised that Mr. Street had given the time and resources of his law firm as their
attorney on the board. He recalled that one (1) of the greatest projects Mr. Street was instrumental
in was the conversion of the capital scrap yard, investing over $1M of the Department of Natural
Resources (DNRC) grant monies to procure the site and make it into a beautiful, vibrant building.
Mr. Street stated that after 25 years a couple of things are abundantly clear -- there are thousands of
volunteer hours but there are dozens upon dozens of people. He advised that he just happens to be
one (1) volunteer out of many in the last 25 years. Mr. Street stated that they do not get $3M without
the State and City working together and the Duncan Center does not occur without many players
coming together, as well as the capital scrap project. He stated that he hopes the citizens of Dover
understand that it is the paid and unpaid people in this room, and the ones that came before, going
back to Mayor Richter and others, that the service they have given is what made the Downtown
Dover Partnership successful.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 4
Mr. Street noted that he is not retiring from public duty but is, instead, giving more service to the
two (2) nature boards that he serves on.
Mr. Sudler, noting that Mr. Street was his baseball coach when he was younger, stated that he is a
noble and respectable man who instilled in him life values and a winning spirit. Mr. Sudler
congratulated Mr. Street and thanked him for his public service. Mr. Street responded that it was
a pleasure to see Mr. Sudler doing well in life.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 110 RUSTIC LANE, OWNED BY TAILILOU, LLC
A public hearing was duly advertised for this time and place to consider a violation of
the Dangerous Building Ordinance at 110 Rustic Lane, owned by Taililou, LLC.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, explained that
the property was a one-story, wood framed, single-family home with an attached enclosed in-ground
concrete pool. The house was registered as a vacant building on April 9, 2014 and condemned on
February 19, 2015 as unfit for human occupancy due to no utilities and the deteriorated condition
of the property. The owner was ordered to board the property in April of 2015. Currently the home
is still vacant, with no active utilities and numerous outstanding code violations.
Mrs. Townshend reviewed a presentation depicting the condition of the structure (Exhibit #1).
Staff recommended that City Council take the following action for property located at
110 Rustic Lane: 1) declare this building and all accessory structures on this property dangerous;
2) order the property repaired or demolished by August 27, 2015 by the owner or equity owner at
their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if
not completed by the owner within 10 days of the date established by City Council; and 4) order the
City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to
be charged against the land on which the building exists as a municipal lien or cause such cost to be
added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a
suit at law against the owner.
Mrs. Townshend noted that there have been a number of neighbor complaints about the property.
Council President Slavin declared the public hearing open.
Mr. Tailap Luk of Taililou, LLC, stated that he has an ongoing consultation with Mrs. Townshend
regarding this property. He noted that he showed her a very, very preliminary draft about two (2)
years ago when they annexed two (2) lots into the City, which is also part of the grand annexation
of the whole area. Mr. Luk advised that it is their intention to demolish the house; however, they
have been delayed by the inability to obtain sewer service. He noted that he is actively speaking with
the property owner in front of this property to determine some way to run sewer service to the
property.
Mr. Luk stated that another delay has been deciding whether to preserve the swimming pool or not.
He noted that they have received two (2) proposals: one (1) to demolish the structure without
touching the swimming pool and one (1) to demolish the structure and the swimming pool. He noted
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 5
that he is waiting to hear back from the contractor on some questions he has regarding those
proposals. Mr. Luk advised that he had scheduled a meeting with the City Planning Board for Friday
to discuss how he should restart this project. He requested that the demolition be delayed for six (6)
months in order to finalize his site plan and determine whether or not to preserve the swimming pool.
Responding to Mr. Neil, Mr. Luk stated that he wants to build a mixed-use structure to refresh the
whole area; however, developing a concrete site plan is very difficult. He advised that once the site
plan is complete, he will need to commit capital to it to develop the engineering, architectural, etc.
Mr. Luk stated that he would like to have all of that in place in order to decide if they will need the
swimming pool or not so that they will not have to start the process over again.
Noting that Mr. Luk has owned the property for more than two (2) years, Mr. Neil stated that he
would have hoped that they would have progressed further before tonight coming to a crisis.
Clarifying that Mr. Luk intends to demolish the house and is trying to decide whether or not to
preserve the swimming pool, Mr. Hosfelt asked if he was requesting additional time for all of the
structures and the swimming pool. Mrs. Townshend noted that the swimming pool is an accessory
structure.
Responding to Mr. Sudler, Mr. Luk stated that the swimming pool is a significant component to the
plan because it is for a mixed-use with residential and commercial. The commercial could involve
a health center or a daycare center with a swimming pool. He noted that it is a pretty decent-sized
swimming pool, so he would like to preserve it if the plan calls for it.
Responding to Mr. Hare regarding the appearance of the property, Mr. Luk stated that they would
mow the grass, clean up the trash, and trim the shrubs to make the property more presentable.
Mr. Luk reiterated his request for more time, noting the he intends to demolish the house and
possibly the swimming pool. He advised that the house is secure and not dangerous in any sense.
There being no one else present wishing to speak, the public hearing was closed.
Mr. Hare moved to: 1) declare this building and all accessory structures on this property
dangerous; 2) order the property, excluding the swimming pool, repaired or demolished by
August 27, 2015 by the owner or equity owner at their own risk; 3) grant the property owner
a 90-day extension to decide whether to demolish or preserve the swimming pool; 4) order the
Building Inspector to cause the repair or demolition of the structures if not completed by the
owner within 10 days of the dates established by City Council; and 5) order the City Manager
with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added
to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a
suit at law against the owner. The motion was seconded by Mr. Sudler and carried by a
unanimous roll call vote (Anderson and Lewis absent).
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 6
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE REPORT - JULY 13, 2015
The Parks, Recreation, and Community Enhancement Committee met on
July 13, 2015 with Chairman Anderson presiding.
Review of Revised Active Recreation Area Plan - Eden Hill Farm Traditional
Neighborhood Design - Residential District
Mrs. Dawn Melson-Williams, Principal Planner, stated that this application is
associated with the Residential District Revised Implementation Plan for the
Traditional Neighborhood Design project known as Eden Hill Farm and advised
members that a representative of the ownership company was present and available
to answer any questions.
Mrs. Melson-Williams explained that the project began in 2006 and is now under
new ownership, stating that the new owners have brought forth a revised
implementation plan for how the property will be developed. Mrs. Melson-Williams
explained that the Planning Commission approved 742 units which are a mix of
single-family, duplex, townhouse, and multi-family units. Mrs. Melson-Williams
stated that the original plan for the open space and active recreation area included a
series of individual park areas scattered throughout the residential area. The
proposed revision is to develop a large central open space area, just over nine (9)
acres, while retaining a series of the smaller parks throughout the residential area.
Mrs. Melson-Williams explained that there is currently a total of approximately 83
housing units constructed in the neighborhood, noting that the Zoning Ordinance for
the City of Dover prescribes how much active recreation space is required based on
the number of units. She stated that this project would require 4.68 acres of open
space and active recreation area; however, the proposed revisions well exceed that
minimum requirement.
Referring to the Overall Open Space Site Plan, Mrs. Melson-Williams pointed out
the nine (9) acre central open space area. Mrs. Melson-Williams then referred to the
Clubhouse Open Space Plan, which focuses on the central open space and the
number of amenities being proposed. She advised members that this would include
a clubhouse building, which has internal spaces such as a gym and meeting rooms;
a swimming pool; parking area to serve the facility; tennis courts; a basketball court;
a community garden; a playground; picnic area; and various amenities that go along
with that, as well as benches and bicycle racks.
Mrs. Melson-Williams stated that Eden Hill Farm has a traditional neighborhood
design for which there is an associated pattern book with the details of what would
have to be included in the project. She indicated that, upon staff approval of the plan,
staff provided the developer a series of recommendations to be included.
Mrs. Melson-Williams explained that staff is in support of the concept for a large
open space area, noting that staff had provided a series of comments to either clarify
items on the plan or improve the project. Mrs. Melson-Williams asked the
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 7
Committee to review the active recreation plan and provide any comments or
guidance on the parks and recreation component of the proposal, stating that those
comments would be forwarded to the Planning Commission for consideration during
their August meeting.
Staff recommended approval of the revised active recreation plan for the Eden Hill
Farm Traditional Neighborhood Design - Presidential District with the comments and
conditions provided.
Ms. Andrea Finerosky, Pettinaro Construction Company, stated that they were
representing Eden Hill and were also the developer of Blue Hen Apartments.
Ms. Finerosky advised members that the clubhouse proposed for Eden Hill is similar
to the one at Blue Hen Apartments; however, the one at Blue Hen is only
2,200 sq. ft., whereas the clubhouse for Eden Hill will be 5,000 sq. ft. to
accommodate the larger tenant base.
In response to Mr. Caldwell, Ms. Finerosky stated that the open space will either be
maintained by the developer or the homeowners association (HOA).
Responding to Mr. Hosfelt, Ms. Finerosky stated that Pettinaro is overall in
agreement with the recommendations made by staff, noting that Pettinaro needs
further clarification on some points.
In response to Mr. Hutchison, Ms. Finerosky stated that Pettinaro will manage the
project and the management team will be similar to the team at the Blue Hen
Apartments. Mr. Hutchison stated he was very pleased with the management at Blue
Hen Apartments and that they do a great job.
Responding to Mrs. Horsey, Ms. Finerosky stated many of staff’s comments are just
general suggestions and reminders of what needs to be done to be in compliance;
however, there are one (1) or two (2) things that they had not yet determined if they
are in agreement with, noting that this will be worked out and they are largely in
support of the comments.
In response to Mrs. Horsey, Mrs. Melson-Williams stated that the Committee would
be advised if there are any concerns; however, she reminded members that the role
of the members is to provide a recommendation that will go to the Planning
Commission for a final plan to be presented to Council.
Responding to Mrs. Horsey, Ms. Finerosky stated that the larger acreage for the open
space was designed to accommodate the additional units. She stated that they believe
a larger area would serve the community better than several smaller pocket parks,
noting that the plan includes those as well.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 8
In response to Mrs. Horsey, Ms. Finerosky stated that the layout and design of the
office area attached to the clubhouse matches the apartments. She noted that it is not
residential and would be used as a leasing office. Ms. Finerosky noted that part of
the space may also serve as a model.
The Committee recommended approval of the revised Active Recreation Area Plan
for Eden Hill Farm Traditional Neighborhood Design - Residential District, as
recommended by staff.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
Community Development Block Grant (CDBG) Program Quarterly Update
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
stated that the Department of Housing and Urban Development (HUD) had approved
the 2015 Community Development Block Grant (CDBG) Five (5) Year Consolidated
Plan and staff would be moving forward with entering into agreements with
sub-recipients. Mrs. Townshend stated that focus has been on the Restoring Central
Dover Initiative and working to leverage CDBG funding sources to promote home
ownership in the downtown area.
In regard to the Mayor’s Challenge to End Veterans’ Homelessness, Mrs. Townshend
advised members that, although the report indicated that 24 veterans had been housed
by June 12, 2015, three (3) additional veterans had found housing; therefore, this was
a successful effort.
Responding to Mr. Anderson, Mrs. Townshend stated that unrecovered funds would
not roll over but would stay with the National Council on Agricultural Life and Labor
Research (NCALL).
In response to Mr. Anderson, Mrs. Townshend stated that all six (6) homebuyers
have been approved.
Responding to Mr. Anderson, Mrs. Townshend stated that there have not been any
home repair projects this year. She indicated that some funding had carried over
from the previous year; however, it had been expended, noting that this was handled
through the Milford Housing Development Corporation (MHDC).
Draft Recreation Needs Assessment/Strategic Planning and Goal Setting
(Restoring Central Dover Strategic Plan)
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
reviewed the City of Dover 2015 Recreation Needs Assessment report.
Mrs. Townshend pointed out that the maps that they were able to obtain from the
Department of Natural Resources and Environmental Control (DNREC) were useful
in helping to identify some of the under-served areas. Referring to the map on Page
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 9
7 of the report, Mrs. Townshend explained that the colored areas indicate
neighborhoods that are not within 15 minutes walking distance to a public recreation
facility. She noted; however, that the map does not take into account that a lot of
communities have open space which may contain a playground or some other type
of recreation. Mrs. Townshend identified the City’s anchor parks (Schutte Park,
Dover Park, and Silver Lake Park) and the walk zones around those parks. She stated
that one (1) of the criticisms that initiated the assessment was that the bulk of the
investment in recreational facilities has been in an area that has the least amount of
population served in terms of walking distance.
Mrs. Townshend noted that one (1) of the providers that the City does not have a very
strong working relationship with is Kent County Parks and Recreation, and this was
identified as a priority to improve; however, the City has a very strong relationship
with the Capital School District and the YMCA. Mrs. Townshend stated that the
YMCA brings kids to Camp Small Wonder, which the City runs through a grant at
Delaware State University, and the City does a lot of joint programming with the
Capital School District to support their athletics and get people involved who are
interested in the City’s Parks and Recreation programs.
Mrs. Townshend stated that the report included information about how the services
the City provides are paid for, noting that 21% of the Parks and Recreation
Department’s budget is supported by fees. When including the Public Works
Grounds Division, who maintains the parks and flower beds, this percentage drops
to 8%.
Mrs. Townshend advised that one (1) of the recommendations in the comments
section of the survey was to seek sponsorships, noting success in this area in regard
to the Concerts on the Green. She stated that this area could be expanded upon if
other corporate sponsorships are available.
Mrs. Townshend stated that an important component of the assessment was the
percentage of feedback that came from City residents versus non-City residents. She
advised members that 28% of the people who responded did not live in the City, 20%
declined to answer, and more than half of the responses were from individuals who
live in the City. Mrs. Townshend shared that there was a lot of support for funding
the City’s programs largely by fees, and grants and General Fund dollars were also
suggested. Mrs. Townshend advised that data from the State of Delaware’s
state-wide survey was also used, and 267 people who responded to that survey lived
in the City of Dover. She noted that the State’s survey was a phone survey, whereas
the City had an online survey. Although it helped to gauge what the citizens wanted,
it did not indicate a strong preference for any particular amenity, noting that the
highest response for any particular amenity was 17%, and the amenity with the
biggest response was restrooms at Silver Lake and Dover Parks. Mrs. Townshend
stated that portable bathrooms are currently at those locations; however, if a patron
does not utilize the facilities after a recent cleaning, they could likely have a bad
experience.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 10
Mrs. Townshend indicated that other items of interest were paved trails, fitness
stations, and lawn trails, which was consistent with the State survey, and there was
strong support for walking and biking trails. She indicated that this was good
because the State has made some significant investments in those areas.
Mrs. Townshend noted that the biggest reason people go to Dover Park is to walk or
jog; however, Dover Park does not have a path and she advised members that is
something that could be put into the capital plan using both City and State funds.
Referring to Page 12 of the report, Implementation Strategies, Mrs. Townshend
stated that the first implementation strategy was to develop a master plan for each of
the three (2) anchor parks, starting with Dover Park. She advised that the Request
For Proposal (RFP) for Dover Park will address indoor restrooms, a paved loop trail
system, potentially fitness stations along the trail, a skate park, a splash pad, and
bicycle racks. Mrs. Townshend noted that everything will not happen at once;
however, the master plan will identify where each item will go and how it will be
implemented. She advised that this process has already begun at Schutte Park with
a land survey. She indicated that there are about 14 undeveloped acres there that
need to be utilized and parking is something that needs to be considered as well.
Mrs. Townshend explained that the City will be using in-house engineering staff to
review the results of the land survey to begin laying out a plan for the undeveloped
acres at Schutte Park. She noted that Silver Lake will likely be the last park to be
addressed because the survey indicated that amenities desired at that location
included an indoor restroom and a splash pad; however, infrastructure is not in place
to provide those amenities at this time and the park is heavily utilized without them.
Mrs. Townshend advised members that another amenity that surfaced as a result of
the survey was a request for a pickleball court and a dog park, and those requests will
be considered. She reiterated the importance of continuing to improve and monitor
the neighborhood parks and playgrounds as well.
Mrs. Townshend stated that one (1) of the biggest challenges is that there is not a
stable funding stream for the Parkland Reserve Fund, which funds improvements to
the parks. She stated that she is working on expanding and improving partnerships
to help fund those improvements and find other ways to increase the Parkland
Reserve. Mrs. Townshend explained that one (1) of the resources used to increase
this fund is a cash-in-lieu contribution from residential developments that do not
provide recreation. She indicated that when a developer puts in amenities, they often
do not know the needs of the potential residents, which can lead to amenities that are
not used and become dilapidated. Citing some examples, Mrs. Townshend
mentioned the basketball court at Village of Westover, which has stood without
backboards, hoops, and nets, etc., and the playground equipment at Maple Glen,
which houses mostly retirees. The few families that do have young children in
Maple Glen have play sets in their back yards. She indicated that these types of
amenities often become a burden to the homeowners associations and code
enforcement.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 11
Mrs. Townshend advised that one (1) recommendation was to amend the zoning
ordinance to eliminate the requirement to provide active recreation areas and instead
impose a surcharge on building permits to generate revenue toward the Parkland
Reserve, along with putting in other mechanisms, such as sponsorships.
Mrs. Townshend advised members that 67% of the responses to the survey included
a request to have City residents pay a lower fee than non-City residents.
Responding to Mr. Hosfelt regarding the City of Dover’s relationship with Kent
County Parks and Recreation, Mrs. Townshend stated there is a spirit of friendly
competition; however, she spoke to Mr. Jeremy Sheppard, Director of Parks and
Recreation for Kent County, about shifting gears and working more toward
collaboration, noting that Mr. Scott Koenig, City Manager, and
Mr. Mike Petit DeMange, Kent County Administrator, had also had discussions in
an effort to work collaboratively.
In response to Mr. Hosfelt, Mrs. Townshend confirmed that City recreation fees are
currently the same for residents and non-residents.
Mr. Hutchison expressed the importance of the City Manager, Finance Director, and
City staff putting together a master plan forecasting three (3) to 25 years ahead to
determine how the City will continue to support financing the recreational needs of
the City. He pointed out that the needs of the City are going to continue to grow in
all areas, including infrastructure, and stressed the importance of developing a plan
to financially support those needs, noting the recent tax increase that was necessary
to maintain the needs of the City and its residents.
Mrs. Townshend stated that various parks and amenities require different levels of
maintenance, staff time, cost, and enforcement, noting that adding indoor restrooms
and splash pads requires water and sewer usage, as well as more time and money to
maintain, versus a path system which requires less maintenance.
Mr. Anderson stated that it was important to find out what the people want and need.
Referring to the Implementation Strategies for Dover Park on Page 12 of the report,
Mr. Anderson noted the park’s playground, driving trails, softball field, tennis court,
and basketball court, and stated that the request of the community was to have a
walking trail and fitness station. Responding, Mrs. Townshend advised that those
requests would not be difficult to achieve; however, some things that need to be
considered include vegetation and lighting, which are areas of concern for the safety
needs of park users. Mrs. Townshend pointed out that, although the parks are
technically closed at dusk, the reality is that people still go into the parks and lighting
and other safety measures need to be considered.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 12
Responding to Mr. Anderson regarding the status of the plans for Dover Park,
Mrs. Townshend advised that vendors have been contacted to obtain information on
portable bathrooms, reminding members that Dover Park still has plumbing to
support indoor bathrooms, but Silver Lake does not and it is the most popular park.
In response to Mr. Anderson, Mrs. Townshend stated that the survey indicated a
splash pad was one (1) of the amenities desired but was not very high on the list for
any of the parks.
Mrs. Townshend advised that the survey measures how many people request an
amenity but not how strongly or how high of a priority it is, which is hard to measure.
She stated that when people make specific comments, such as those related to the
skate pad, dog park, and splash pad, that gives a stronger indication of what they
want versus just answering yes or no on a survey.
Responding to Mr. Anderson, Mrs. Townshend stated that a lot of interest was
expressed for indoor bathrooms; however, she noted they require maintenance and
it would be important for them to be locked at night for security reasons.
In response to Mr. Anderson, Mrs. Townshend advised that she had not heard any
feedback concerning a rugby field or football field at Schutte Park. She had heard
feedback for a turf field at Schutte Park; however, that is very expensive and would
be difficult to lay out with the parking. She stated that the challenge with a football
field is the wear and tear it puts on specific areas of the field, and public input from
the various park users helps to determine the layout of the park and what activities
are of interest. Mrs. Townshend noted that currently the Delaware Union and the
Delaware Diamonds girls lacrosse groups use the fields at Schutte Park, stating that
it would be useful to get some feedback from them. She indicated that she has heard
that the boys lacrosse team that currently uses the field at Brecknock Park may be
interested in using the fields if some improvements are made.
Responding to Mr. Anderson regarding feedback on current programs,
Mrs. Townshend stated that one of the complaints she has heard is that people do not
seem to know about the programs currently being offered. She said she was trying
to find ways to make the public more aware of the programs through email, facebook,
and other methods.
Referring to page 2 of the City of Dover Recreation Needs Assessment,
Mr. Anderson felt this was a good summary of what the City is trying to offer. He
stated that it reflects the City’s Comprehensive Plan which calls for city-wide parks,
open space plans, and individual parks.
Mr. Anderson suggested that the Committee review the Recreation Needs
Assessment and provide positive suggestions to continue to improve the recreation
plan and determine what is needed and what funding mechanisms will be necessary.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 13
He stated that the City of Dover was a prosperous and healthy city where families can
enjoy the amenities of the city with a good quality of life and access to recreation and
arts for people of all ages; however, it is important to continue to improve and look
at other areas of community development and make sure housing is revitalized.
Responding to Mr. Anderson, Mrs. Townshend stated that the capital budget for the
Parks and Recreation Department had $180,000 remaining for Dover Park and
$66,000 for Mallard Pond.
In response to Mr. Anderson, Mrs. Townshend stated that she believed there was
about $300,000 remaining in the Parkland Reserve Fund. Regarding splash pads,
Mrs. Townshend confirmed that, while the splash pads themselves are not expensive,
pipes and infrastructure can become very expensive very quickly.
Responding to Mr. Anderson concerning cost examples and proposed plans for next
year’s budget, Mrs. Townshend explained that the idea, once the Recreation Needs
Assessment was complete, was to reevaluate the capital plan and base it off the
Needs Assessment and master plans to develop the park. Mrs. Townshend stated that
the master plan for Schutte Park needed to be completed and that a master plan for
Dover Park would likely use some funds from the capital fund.
In response to Mr. Anderson, Mrs. Townshend stated that she did not have
information on the cost of portable restrooms at the moment but would be happy to
provide the information after the meeting.
Ms. Theresa Morris, 1378 Old White Oak Road, stated that she helps with the Youth
Advisory Committee and would like to see a lot more activities for teenagers.
Ms. Morris referred to the recent shootings and drug activity, stating she felt it
important to create activities geared toward the teenage group to keep them busy and
out of trouble.
Ms. Morris stated that there seemed to be a lot of activities for younger kids;
however, it appears there is a lack of activities and organizations available for the
teenaged group. She stated that she has heard feedback expressing interest in a skate
park, noting that Smyrna has one. As the capital of the First State, she would like to
see as much offered for the youth in Dover. Ms. Morris noted that Mr. Anderson had
discussed bringing back First Night for New Year’s and that she would love to see
that return. She suggested block parties allowing the kids to participate, show their
talents, and keep them involved and off of the streets.
Ms. Morris expressed her appreciation to Mr. Anderson for reviving the Youth
Advisory Committee, stating that she anticipates a lot of good things for the youth
of the community.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 14
In regard to Strategic Planning and Goal Setting, Mr. Anderson, referred members
to the Executive Summary of the Restoring Central Dover report, “Our Vision for
Vitality.” He advised members that the reason for the strategic plan, as stated by
Mr. Hutchison, was to focus on three (3) things when considering future budgets:
1) why something is being done, 2) how it can be accomplished, and 3) what is being
offered. Mr. Anderson reiterated the importance of determining these things to
ensure that what is being offered is what is needed and will be used by the people.
He explained that the report was completed using focus groups, surveys, and town
meetings to find out in a comprehensive way what people want. He stated that this
was a great starting point for central Dover and essential to its revival. Mr. Anderson
stated that the plan had been very useful as a blueprint to the City Planning and
Community Development offices. He stated that the plan focuses on recreation,
economic inclusion, safety, and restoring and revitalizing neighborhoods.
Mr. Anderson called for an “at ease” to give members an opportunity to review the
Restoring Central Dover Strategic report.
Mr. Anderson suggested further future discussion on the Recreation Needs
Assessment, State survey, and Restoring Central Dover report.
The Committee recommended continued discussion of the Recreation Needs
Assessment and Restoring Central Dover Strategic Plan at the next Parks, Recreation,
and Community Enhancement Committee meeting.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
Discussion - Community Partnerships
Mrs. Townshend advised members that the Parks and Recreation Department plans
to meet with Pastor Will Grimes to collaborate on recreation programming at the new
community outreach center for the Solid Rock Baptist Church, hoping to make that
a hub of activity in the downtown area for youth and people of all ages.
Responding to Mr. Anderson, Mrs. Townshend advised that she has only heard
general discussion regarding revitalizing the Police Athletic League. She stated that
there had not been many discussions regarding the Inner City Cultural League;
however, she noted that once they are settled into their new location it was her hope
to discuss opportunities to work on programming there as well. Mrs. Townshend
explained that the Parks and Recreation Department does not get very involved in the
area of the arts; however, Ms. Margery Cyr, Director of the Dover Public Library,
was working on some collaborations related to theater.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 15
In response to Mr. Anderson, Mrs. Townshend explained that the Boys and Girls
Club is currently focused on getting their new facility established and had been
working very closely with the County on getting that up and running. She stated that,
while there have not been a lot of discussions with the Boys and Girls Club in terms
of working together, once they are established and their facility is open, it was her
hope to resume discussions on working together on various programming.
Mrs. Townshend stated that staff had been working closely with the YMCA and
Ms. Mary Ellen Gray, Kent County Planning Services. Mrs. Townshend advised
members that she also sits on an informal working group to discuss plans for the
former Kent Swim Club in Dover and how it could best serve the community as a
whole. She anticipates a positive outcome from those discussions.
By consent agenda, Mr. Hare moved for acceptance of the Parks, Recreation, and Community
Enhancement Committee Report, seconded by Mr. Hutchison and carried by a unanimous roll
call vote (Anderson and Lewis absent).
UTILITY COMMITTEE REPORT - JULY 13, 2015
The Utility Committee met on July 13, 2015 with Chairman Hutchison presiding.
North American Energy Services (NAES) Amended and Restated Operating
Agreement
Mr. Scott Koenig, City Manager, introduced the City’s Power Supply Attorney,
Mr. Kirk Betts, Betts & Holt, LLP, who worked on the renegotiation of the North
American Energy Services (NAES) agreement.
Mr. Betts reviewed his memorandum dated July 13, 2015 regarding Proposed
Agreement for Plant Operating Services. He advised that in 1996, the City entered
into a contract with Duke Energy and its subsidiaries to operate the power plant on
the City’s behalf. He stated that the Duke contract was unique because Duke
assumed all of the responsibility for everything, including fuels, and sold energy to
the City. Mr. Betts stated that in 2006, Duke was no longer interested in that type of
service and the City had to change the contract style.
Mr. Betts explained that the 2006 contact bifurcated the services. Dispatch, design,
fuel purchasing, etc. were completed by PACE Global, while NAES operated the
plant, integrated, and interfaced every day to determine what the dispatch should be.
He stated that all of the plant employees, including former City employees who went
to Duke and those that stayed with NAES, remained at the plant; however, over time
NAES managed the level of employees in order to operate the plant.
Mr. Betts informed members that, under the NAES contract, NAES provides an
annual budget for the operation of the plant, which City staff negotiates prior to
budgeting any staffing or operating costs. He stated that fuel costs and services are
managed by The Energy Authority (TEA), and TEA operates as a dispatching advisor
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 16
to the plant. Mr. Betts explained that the current contract was a four (4) year contract
which the City let renew annually under an evergreen provision. In order for the
contract to be terminated, 18 months notice had to be given. He advised that one (1)
of the reasons that the City had a shorter contract was because it had an escalation
provision in it that went up according to a Bureau of Labor Statistics (BLS) standard
for professional employees in this region. Mr. Betts stated that, on average, the cost
had escalated approximately 21%, since 2006. He noted that the belief had been that
the City would probably renew, renegotiate, or rebid that contract prior to this time.
Mr. Betts explained that, after evaluating the quality of the services and the market
for companies that do this type of work, and given the age and the institutional
knowledge that NAES has on operating the plant, he and staff agreed that there is an
inherent value in trying to sole source negotiate the contract. He stated that he,
Mr. Harry Maloney, Electric Director, who is an experienced power plant supervisor,
and NAES worked together to develop a slightly different contract that operates at
a lower cost and has some new orientation on how the City wants the project to be
operated.
Mr. Betts informed members that the proposed agreement would be for five (5) years
(2015 - 2020). He explained that he, the City Manager, and the Controller/Treasurer
agreed that five (5) years would be a good transitional period for the City because it
is toward the end of the age of this plant and also a period of great transition for PJM.
Mr. Betts stated that this proposal would allow the City to capture and hold onto the
institutional knowledge that exists, and provide some opportunity for managing the
longer term International Brotherhood of Electrical Workers (IBEW) labor contract.
He noted that the IBEW contract had been extended for one (1) year; however, staff
had been advised that the IBEW contract would now be finalized for a longer
duration.
Mr. Betts explained that the proposed agreement provides for a fixed annual fee for
management, and the amount of this fee would decrease from the current fee. He
stated that this fee would include the management fee, home office support, which
previously averaged at approximately $75,000 per year, and operating incentives,
employee bonuses, and burdens.
Mr. Betts informed members that, in the past, there was an incentive fee provision
which provided an annual bonus of several hundred thousand dollars if the plant
achieved specific operational parameters. He explained that the proposed contract
includes a maximum performance reduction, which would allow for a contract price
reduction between $500,000 and $550,000 per year if they fail to meet certain
standards, such as availability and dependable capacity. Mr. Betts stated that the City
has to meet certain standards in order to get the full value out of the PJM Reliability
Pricing Model (RPM) payments, and this provision aligns the mutual interests of
both parties in the operations of the plant.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 17
Mr. Betts reminded members that two and one-half years ago, the City decided to
allow for the retirement of Units 1 and 2. He stated that these units are 50 year old,
17 MW steam units which are difficult to find parts for, and they are not as reliable
as they need to be. Mr. Betts advised that the decision to retire these units would
change the operations of the plant and, as a result, the City would realize a several
hundred thousand dollar reduction in operating costs in the proposed contract.
Mr. Betts informed members that, between the changes in the way the management
fee is structured, the way the incentive fee and performance penalty pieces are
constructed, and with the change in how the plant will operate, he anticipates that the
City will realize an annual cost reduction in excess of $300,000 within a year and a
half and will not reach the current contract price of $6M per year within the next five
(5) years. He explained that, overall, the objectives were to save the institutional
knowledge, preserve the operation of the plant, and reincentivize the plant in order
to earn money as opposed to keep costs down. Goals would be to operate more
efficiently, dispatch more frequently, reduce the number of outage days, change the
scheduled outage, and raise performance so the plant is not offline for as long as it
has been in the past, and ultimately earn more money for the City by having this unit
online. Mr. Betts stated that the proposed contract would provide the City with a
reduction in cost and provide the performance that the City needs to maintain a
competitive posture in the marketplace.
Responding to Mr. Hutchison, Mr. Betts stated that Units 1 and 2 would be retired
on May 31, 2017.
Mr. Anderson stated that he had concerns regarding the contract, whether or not it
should have been put out for bid, the amount that the City is spending, and whether
or not the City is getting the most for its money. He questioned what the City’s five
(5) year plan was and whether the City should lock in a manager prior to deciding
what to do with the City’s plants. Mr. Anderson stated that he liked the inclusion of
the six (6) month provision.
Mr. Anderson requested further explanation of the negotiated cost savings.
Responding, Mr. Betts stated that the biggest savings would be realized in the
management fee costs and staff savings. He reiterated that the fixed management
fee, the amount held for performance, and bonuses that are part of their compensation
package would be lower. Additionally, he explained that there was an expectation
that there will be a change in how the plant is managed staff-wise, which would add
several hundreds of thousands of dollars in benefits. Mr. Betts noted that some of the
City’s risk associated with using back office personnel would also be mitigated by
fixing that as part of the base contract. He explained that the City would receive all
of the services that are now prescribed, without the risk of having hourly rates based
upon how the City uses those services. Mr. Betts reminded members that the
proposed contract also included a maximum performance reduction. For example,
he explained that if the City is penalized through PJM for too many forced outages,
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 18
NAES would be penalized as well. Mr. Betts stated that this provision would help
compensate the City in the event that NAES fails to perform on those important
criteria for availability, dependability, unit capacity dependability, etc.
Mr. Betts stated that Mr. Anderson’s concerns regarding whether or not this
agreement should have gone out to bid were important. He explained that it would
be difficult to find people in the marketplace who have the skill sets to deal with a
40 to 50-year-old plant. Additionally, the people who run a unit develop a sensitivity
about the equipment, they know how an engine is supposed to work, when the steam
is supposed to be going through, and what it sounds like before you synchronize, and
Mr. Betts and staff believed that these skills could help negotiate the price down,
because they have mitigated some of the risk of not knowing how this plant
functioned. Mr. Betts explained that a new supplier may not want to guarantee the
plant’s availability because of the unknown factors; therefore, it was his
recommendation to try to negotiate a fairer price to operate the plant with the same
entity, based on the City’s criteria, rather than going out to the marketplace and
bringing in an entity that would add to the risk premium for operating a plant like the
City’s. He believed it was wiser to stay with the same entity and the people who
know how to operate the plant rather than taking that risk at this point in the plant’s
history.
Mr. Hare asked if NAES could provide an estimate of the maintenance costs for the
next three (3) or four (4) years. In response, Mr. Betts stated that NAES knows how
the City’s plant functions, noting that they have approximately six (6) steam plants
of similar vintage within their system and they have monthly manager meetings to
discuss equipment. He explained that there are two (2) types of maintenance, major
maintenance and annual scheduled maintenance, and the annual scheduled
maintenance is estimated for five (5) years. Mr. Betts expressed his opinion that,
with the experience of TEA and Mr. Maloney, there would be more than just an
annual projection of plant costs and types of maintenance.
Mr. Betts reminded members that one (1) of the reasons the City decided to proceed
with closing the two (2) oldest units, aside from their inefficiency, was the high cost
of performing the next level of maintenance. He stated that the approximate cost was
$500,000 and would have included opening up the units, working on the turbines,
and attempting to provide some life extension.
Mr. Betts stated that by looking at the five (5) year projection, the City can determine
what expenses are appropriate, given where it is in its life cycle. He expressed his
opinion that NAES has very sophisticated people and Mrs. Donna Mitchell,
Controller/Treasurer, has done a great job of assuring that the City receives a budget
with accurate estimates.
Mr. Betts informed members that a major part of the discussions regarding the
proposed contract focused on ensuring that the City receives accurate estimates for
the budget to ensure staff does not have to request additional funds from Council and
because it affects the customer’s rates.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 19
Mr. Hare asked whether the City could provide a six (6) month notice and get these
credits cheaper elsewhere if PJM were to stop giving the City capacity credits.
Responding, Mr. Betts explained that there are a lot of strategies that the City would
want to review prior to making that decision. He advised that some municipal clients
were looking at going behind the meter, explaining that the City can take that
capacity inside and plan against peaks to achieve similar results, so that the City is
not getting hit with the PJM charges. Mr. Betts stated that, with the proposed
contract, the City would have an option to terminate the agreement; however, the
City would want to thoroughly study and line up alternatives prior to providing a six
(6) month notice.
Mayor Christiansen stated his appreciation for the work Mr. Betts had done and
asked what he projected may happen over the next five (5) years, particularly with
the PJM grid requirements. Noting that this is one (1) of the City’s major sources of
revenue, Mayor Christiansen also questioned if the City should be looking at the
possibility of moving out of the utility business or looking for another deal to keep
the City as a competitive player in the business.
In response to Mayor Christiansen, Mr. Betts stated that Mr. Maloney has been
proactive in looking to the future and trying to determine different alternatives. He
stated that technological advancements are changing the market. Mr. Betts thought
that some of the questions members should ask are what the future would look like
in terms of how the City will use and produce energy and how its customers will use
it. He explained that the City needs to understand how customers will use energy in
the future to ensure that whatever the City does matches the market and to ensure that
the City does not end up overbuilding and overcharging for services based on year
2000 ideas that the City is trying to implement in 2020.
Mr. Betts informed members that he had recently read an article about a municipal
utility in the Midwest that is building a 40MW battery station instead of a power
plant. He explained that it takes in energy during the day, feeds it out at the night,
and deals with solar and wind factors. Mr. Betts noted that this balances the
frequency problems that PJM and all the utilities are having today because of the
variety of sources coming in.
Mr. Betts stated that Mr. Maloney has proposed reviewing everything
comprehensively to determine what would make sense for the future. He stated that
this would include a review of fixing McKee as a power plant, generation options,
where to get the best deal on a unit, consideration of recent gas issues on the
peninsula, PJM requirements for two (2) forms of fuel, solar which is being
incentivized, renewable portfolio standards, etc. Mr. Betts noted that this was an
exciting time to be on the Utility Committee because there is so much going on, with
many variables and ways to look at how to solve customer needs.
Mr. Betts stated that there is a difference in thinking today from 20 or 30 years ago.
He reminded members that Kraft wanted to build a coal-fired plant 20 or 30 years
ago and 10 years later it was not a good idea; however, they kept it going and
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ultimately sold it to a third-party to operate. Comparatively, he stated that P&G is
currently considering building two (2) MW solar on some of their properties.
Mr. Betts stated that some of these decisions are driven by tax credits or the desire
to have a green energy facility. He explained that, in contrast, the City is trying to
figure out how to balance those interests and still provide the revenue that supports
the City. Mr. Betts advised that he would not encourage the City to get out of the
business, if for no other reason than that the City owns the distribution rights and can
control all the electricity that goes out to the customers. He stated that, even if the
City got out of generation, it would still have a resource for revenue through the
distribution system. Mr. Betts expressed his opinion that the City has resources in
place, a great 69kV loop, a good distribution system, and is in a really good spot, as
an entity, to be in the utility business.
Mr. Betts stated that he was very encouraged and excited by all of the changes in the
industry, noting that there are new ideas every day that are changing the way people
use energy and the way energy can be produced and delivered more efficiently. It
was his opinion that the City is almost in a perfect spot by having a facility that can
be given up to switch to something that would allow the City to leap ahead from
where it would otherwise have been (5) years ago.
Mr. Neil questioned how long the bid process would take and what effect it would
have on the City if the proposed contract were not accepted and the City put this out
to bid. Responding, Mr. Betts estimated that it would take a minimum of six (6) to
eight (8) months. He reminded members that the City would remain under the old
contract, which has an 18-month notice period; therefore, the City would probably
want to give notice right away and take the risk of completing that process in time.
Mr. Betts stated that he did not have the same confidence that he had 10 years ago
when he suggested that there were a lot of people out in the marketplace that are
providing these types of services and are willing to take the type of risks that the City
would ask them to assume. He noted that he is an advocate of RFPs; however, the
current market is narrow, which creates a greater risk. Mr. Betts reiterated that it was
his recommendation to try to negotiate a sole-source deal, due to where the City is
with the cycle of this plant and the knowledge of the type of plant it is.
Mr. Hutchison reminded members that the City had been working on this for a while
and the playing field will be changing in 2017. He stated his support for Mr. Betts’
recommendation and the proposed contract. Although he recognized members’
concerns, Mr. Hutchison expressed his opinion that dealing with a known partner was
critical.
Mr. Betts advised that one (1) of the challenges that the City has faced since
transitioning out of operating the plant relates to employees. He explained that, in
the past, the City has negotiated a responsible transition for those individuals to have
the first opportunity for positions; however, he was not certain how that would work
in today’s market. Mr. Betts stated that there is a value to those people and it is
potentially disruptive to put this out to bid. He reminded members that over a year
ago when the City discussed whether or not to continue in the utility business or sell
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to Delaware Electric Cooperative, it had an effect on the morale of the people who
work in the utility part of the City, which always affects how a system functions.
Mr. Betts stated that settling this issue had provided real value to the City. He stated
that the uncertainty of the bid process has a potential impact on the City’s capacity
to operate as efficiently as it does now and also on what happens to those employees.
Mr. Hare expressed his opinion that the City’s value is not in the plants but the
network, noting that if the City has to shut the plants down, it will still be in the
business of supply through the network.
Mr. Betts stated that he had previously discussed the net benefit of the utility with
Council. He advised members that half of the cost of the NAES contract is for labor
and the management fee, while the other half is the traditional costs for operation and
maintenance. He stated that there is an approximate cost of $6M with PJM; therefore
the City makes approximately $3M by having the plant, whether or not it is working,
and the City makes money because of the capacity value, as long as it functions.
Mr. Betts explained that the City needs to ensure that the plant is ready to operate,
because if the City has a forced outage at a really bad time, the City gets penalized.
He reiterated that the proposed contract is meant to ensure that the plant is always
ready to operate over the next five (5) years, with the inclusion of the maximum
performance penalty. Mr. Betts stated that there are now weekly meetings between
Mr. Maloney, as the owner’s representative, and the plant manager. He noted that
there is not a separate entity operating with TEA telling them when to run, the City
is in the middle of the process now to ensure the plant is ready, able, and capable of
producing, so that the City gets the optimum value for the plant. Mr. Betts informed
members that the City is also in a good position because the City is connected to a
gas line and has oil. He stated that in the new capacity product that PJM is requiring,
you have to have alternative fuel if you are on gas. Mr. Betts explained that the City
has the potential to get the optimal value in PJM for the plant, at least until the City
decides to shut it down, based on the differential between the operating costs and
what the City can get in terms of capacity payments from PJM.
Mr. Neil explained that he did not doubt that this was a good contract and that his
question pertaining to an RFP was intended to ensure that the City had looked at the
alternatives and this was the best alternative. He noted that if the City were going to
do an RFP, it should have been done eight (8) months ago, not now. Mr. Neil
expressed his support for the contract, noting that it is the alternative that serves the
citizens well.
The Committee recommended approval of the contract.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
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Annual Engineering Consultant's Report on the Operation and Maintenance
(O & M) of the Electric System - Fiscal Year 2014
Mrs. Donna Mitchell, Controller/Treasurer, reviewed the conclusions of the Annual
Engineering Consultant’s Report on the Operation and Maintenance (O & M) of the
Electric System - Fiscal Year 2014, prepared by Burns & McDonnell Engineering
Company, Inc. She reminded members that the Annual Engineering Consultant’s
Report was required by the 1985 Bond Resolution for the electric utility.
Mr. Blakeman noted that the Engineering Consultant had endorsed the fact that the
electric system has been well run and well maintained. He advised that Page 1-3 of
the Report stated that “specifically, the generation facilities have demonstrated a high
level of availability despite the dispatching of the units primarily for peak demand.”
Additionally, in regard to the transmission and distribution (T&D) system, the Report
stated that “In recent years, the City has made appropriate upgrades and
improvements which the Engineering Consultant has observed while conducting the
reviews and assessments to complete the annual reports.”
Mrs. Mitchell informed members that the City’s debt calculation requirement was
1.5%. Referring to Page 4-6 of the Report, she noted that in FY14 the City had a net
loss of $2.3M. She explained that although the City met the debt calculation, the loss
was a result of the polar vortex which caused the City to increase the transfer from
the Rate Stabilization Reserve from the budgeted amount of $4M to $7M.
Mrs. Mitchell stated that the City’s sales were $2M under the estimated amount and
that created the net loss. She advised that she was in current conversation with
Moody’s and they have some concerns with the transfer because there is a clause in
the City’s resolution that indicates if the transfer will cause the City to miss the
covenant, the City is to hold that transfer. Mrs. Mitchell explained that the City has
the Rate Stabilization Reserve for that purpose, noting that if the power supply
spikes, the City covers it. She stated that she had another call with Moody’s
scheduled for Tuesday, July 14, 2015 and would keep members apprised.
Mayor Christiansen asked if it would be convenient for the Chairman of the Utility
Committee, himself and, perhaps, the Council President to sit in on that call as well.
In response, Mrs. Mitchell stated that this was not typical; however, they could sit in
on the call if they wished. She explained that she simply wanted to make members
aware of the discussion, noting that staff had already had two (2) discussions with
Moody’s. Mrs. Mitchell advised that she had also sent Moody’s several pieces of
information, one (1) of which was the balance in the Rate Stabilization Reserve as
of June 2013, which was 35% of revenue. She explained to Moody’s that the policy
is 10% and the City was more than well enough funded, had set aside those funds to
cover volatile issues such as this, and was following financial procedures.
Mayor Christiansen questioned how it would affect the City’s bond rating if Moody’s
does not understand the reason why the City increased the transfer. Responding,
Mrs. Mitchell stated that, based on her previous conversations with Moody’s, she did
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not think that they would downgrade the City; however, rather than putting the City
on a positive outlook, they may put the City on a stable or a watch, or possibly a
negative.
Mayor Christiansen asked if the City of Dover was the only utility that they deal with
that had to take such action because of the change in the weather. In response,
Mrs. Mitchell stated that she could not answer that question; however, she stated that
Moody’s would be reviewing the credit of many other entities at a meeting scheduled
with a utility review committee, not just the City of Dover’s credit. [City Clerk’s
Office Note: Subsequent to the meeting, members were informed that Moody’s had
affirmed the Aa2 rating of the City of Dover’s electric bonds.]
Responding to Mayor Christiansen, Mrs. Mitchell stated that on a scale of one (1) to
10, the City’s concern regarding this matter should be around three (3).
In response to Mr. Hutchison’s question regarding the additional $6M or $7M
expense last winter related to peaking time, Mrs. Mitchell explained that the City was
required to run the plant and could not because there was no oil available. In
addition, she stated that the City had to purchase off the open market, through PJM,
and the price escalated because of the cold weather. As a result of these factors, the
City had to transfer an additional $3M from the reserve to the operating fund.
Responding to Mr. Hutchison, Mrs. Mitchell advised that everyone under PJM,
including the City, has the same reliability standards and must be able to run when
they are called on or be penalized. She explained that there was not a problem with
the operation of the plant or the people who operate it; the plant was unable to run
when called on because there was a problem with oil deliveries across the peninsula.
Mr. Blakeman noted that this was not the first time that the City had to take units
offline because of fuel unavailability.
Mr. Kirk Betts, Betts & Holt, LLP and the City’s Power Supply Attorney, reviewed
background information regarding some of the market forces involved in what
happened during that polar vortex period. He stated that he has other clients who
require gas and they have had more interruptions in the past two (2) years than in the
past 15 years. In terms of their demand on the system, gas supplies on Delmarva
have gone down and the pipes have not been able to supply it. He advised that many
people are relying on oil during that time of year and the City should pay in advance
or have a contract to ensure they have oil deliveries scheduled. Mr. Betts noted that
this is a new way for them to exercise their market power to guarantee that they
receive payment.
Additionally, Mr. Betts informed members that PJM has lifted the cap on pricing.
He explained that, previously, there was always a market price based on dispatched
prices; however, during the first polar vortex, it capped out at $1,000 and people
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complained that they could not get the gas or oil and pay for it, even at $1,000 per
megawatt hour (MWh). Mr. Betts stated that $1,000/MWh equated to $1.00 per
kilowatt hour (KWh), noting that the City normally pays $0.04 per KWh.
Mr. Betts advised that many companies were affected when PJM lifted the cap on
pricing because they did not have contracts that allowed them to float through the
extraordinary costs. He stated that it was done very quickly in order to get the market
back in balance and many utilities could not recover that cost. Mr. Betts explained
that some companies may have had a guaranteed price of $0.09 per kilowatt hour in
the wholesale market and had to take a loss on the other $0.91 because their contracts
did not allow it. He stated that companies like Washington Gas Energy Services
have gone out of the business because of that year and all of the changes that
happened suddenly. Mr. Betts advised that one (1) of the things that Moody’s and
others are looking at is if the City is able to pass through and recover extraordinary
costs, noting that if an entity’s rate structure allows for that, the entity is in a better
position.
Mr. Betts advised members that last year The Energy Authority (TEA) assumed that
the City’s plant was not going to dispatch and then it needed to dispatch. He stated
that having Mr. Harry Maloney, Electric Director, onsite will add insight to the plant
since he can probably predict when the plant is going to run. Mr. Betts noted that
TEA’s dispatching gas, the plant being ready, and onsite understanding regarding
what to do next will really help the City in the future.
Mr. Blakeman questioned whether the cap had been reinstalled. Responding,
Mr. Betts stated his understanding that the cap was now at $1,800, which is pretty
high. He expressed his excitement about where the City is in terms of planning the
next set of generation, noting that gas is one (1) of the factors in the mix but it is not
the whole answer.
The Committee recommended acceptance of the report as presented.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
TEA/NAES Report (May)
The TEA/NAES Monthly Report for May 2015 was provided to members to enable
them to monitor electric sales and revenues received, which will provide a better
understanding of any fluctuations that occur and allow the opportunity to make
improvements if deemed necessary.
Referring to the year-to-date summary on Page 12 of the TEA Report,
Mr. Scott Koenig, City Manager, stated that the Variance indicated that the Actual
YTD was approximately $1.3M more than the Budget YTD, noting that this was in
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part due to the City’s load being up slightly. He advised that the variance had
decreased fairly substantially over the last couple of months and he was hopeful that
the variance would continue to close, as he expected that the numbers for June would
be relatively strong because it was warm.
Mr. Koenig advised that the Final Cost of Service to City of Dover Ratepayers was
budgeted at $63.42 per megawatt hour (MWh) and the Actual YTD was
approximately $64.02 per MWh. Noting that there was only a slight variance, he
stated that this was a good indication that things were tracking as expected
throughout the year.
Referring to the Generation Summary on Page 4 of the TEA Report, Mr. Blakeman
noted that the actual revenue had come in below budget for seven (7) out of the 11
months. He questioned if the City would be able to recover that revenue during the
last month, or if it would even out since the actual revenue far exceeded the budgeted
amount during a couple of the months. Responding, Mr. Koenig stated it would be
very close.
The Committee recommended acceptance of the TEA/NAES Report for May 2015.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
Updates
The Committee deferred discussion of these items.
By consent agenda, Mr. Hare moved for acceptance of the Utility Committee Report, seconded
by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
REPORT - JULY 13, 2015
The Legislative, Finance, and Administration Committee met on July 13, 2015 with
Chairman Hare presiding.
Fiscal Year 2014/15 Edward Byrne Justice Assistance Grant Program - Police
Vehicle Computer/Video Technology Upgrades & SORT Firearms
Major Marvin Mailey, Deputy Chief of Police, advised members that the Dover
Police Department recently submitted a grant application through the Office of
Justice Programs (OJP) for the 2015 Justice Assistance Grant (JAG). He stated that
the Dover Police Department intends to upgrade/replace nine (9) additional vehicle
computer/video systems. Grant funding will be combined with $54,000 budgeted for
the mobile data computer (MDC) portion of the system for this purchase.
Major Mailey stated that these systems will be purchased for the nine (9) new
vehicles that will be coming on line during FY16. The vendor for the purchase
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would be COBAN and was approved as a sole vendor last year when grant funds
were used for the same purpose. This brand of equipment is currently being used by
the State Police and other agencies throughout the state.
Major Mailey indicated that a portion of the funds would also be used to replace three
(3) shotguns and night scopes for the department’s Special Operations Response
Team (SORT), noting that the weapons are more than 20 years old. This purchase
would be awarded to a state contract vendor that is an authorized gun dealer.
Major Mailey stated that this grant request is for $48,891 from the state to assist with
the purchase of these items. He informed members that the grant had been applied
for; however, to date, it had not been approved. Major Mailey indicated that the
police department was quite certain that the grant would be approved, since it is an
annual application.
Staff recommended approval of the grant project, as requested.
The Committee recommended approval of the grant project, as requested.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
Disposal of Excess Property - Silver Lake Drive (East Lake Gardens)
Mr. Scott Koenig, City Manager, informed members that the City Manager’s Office
had received a request to abandon a certain portion of right-of-way adjacent to
property owned by Bruce and Della Parham at 107 Silver Lake Drive in the East
Lake Gardens Subdivision. He stated that Mr. and Mrs. Parham wished to make
various improvements to their property and would like to take ownership of an
irregular piece of right-of-way adjacent to it.
Mr. Koenig reviewed a property survey for 107 Silver Lake Drive and explained that
Mr. Parham’s driveway is located off of the odd shaped right-of-way on Silver Lake
Drive and Mr. Parham mows approximately 40 feet of grass before he gets to the
actual edge of the roadway. Mr. Koenig stated that Mr. Parham contacted him to
determine the City’s interest in disposing of this excess right-of-way because he is
desirous of expanding his house and adding on a garage.
Mr. Koenig reviewed the real property tax map for the subdivision outlining the
varying widths of the rights-of-way for Silver Lake Drive, noting that the
right-of-way adjacent to 107 Silver Lake Drive is 85 feet wide; whereas, other
rights-of-way in the subdivision are only approximately 50 feet wide. Mr. Koenig
informed members that approximately 39 feet of the 85 foot right-of-way is
unimproved. He stated that Mr. and Mrs. Parham are currently maintaining this area
adjacent to their property and the City of Dover has no plans to further improve or
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enhance this right-of-way. Mr. Koenig explained that the City may have previously
desired to put in an additional boat ramp in this area; however, during his
employment with the City, it has never been pursued, nor had there been any
indication that the City would pursue adding a boat ramp or any type of parking in
this area. He stated that Mr. Parham’s request is essentially that the City allow him
to hire a surveyor and create a deed to transfer this excess right-of-way to his
property. Mr. Koenig explained that once this parcel is transferred, it would become
part of Mr. Parham’s lot and part of the taxable real property in the City.
Mr. Koenig stated that the excess right-of-way is not large enough to create a
buildable lot in this subdivision; therefore, it was his recommendation that the excess
property be conveyed to the abutting property owner in accordance with Exception
C of the Procedures for Sale and Disposition of Real Property. He advised that all
costs to survey the land and prepare a deed for the transfer of the area shall be the
sole responsibility of Mr. and Mrs. Parham, if they wish to proceed, and that staff
would review all of the documentation prior to signature.
Staff recommended the following: 1) determine that the property is excess property;
and 2) authorize the City Manager to convey the excess property in accordance with
Exception C of the Procedures for Sale and Disposition of Real Property.
Referring to the excess property to be conveyed to Mr. Parham, Mr. Shevock
questioned the amount of money that this would add to the tax roll. Responding,
Mr. Koenig explained that the amount was difficult to distinguish as an unbuildable
lot by itself, noting that it would essentially be added to the land value of
Mr. Parham’s parcel and the assessor would appropriately value it.
In response to Mr. Hare, Mr. Koenig explained that if Mr. Parham were to build a
garage, this would add another assessment.
Responding to Mr. Hare, Mr. Koenig stated that he could not determine that the City
had any use for this property; therefore, it is excess.
In response to Mr. Anderson and referring to the real property tax map for the
subdivision, Mr. Koenig explained that Mr. Parham’s property was labeled as parcel
06 and is located immediately adjacent to Silver Lake Drive, beginning where the
right-of-way increases to 85 feet and running all the way to the lake.
Mr. Anderson questioned whether this property was near Sunset Drive, noting that
residential complaints were previously received because people did not have access
to get out of the driveway. Responding, Mr. Koenig referred to the real property tax
map for the subdivision, explaining his understanding that Garden Lane used to
extend further to the right of the word Garden as depicted on the map. He stated that
the right-of-way was abandoned to a property owner in 1985 and became part of the
subject property. Mr. Koenig indicated that this situation was similar but not quite
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the same. Referring to the complaints, he stated that staff had reviewed the surveys
of at least one (1) of the property owners, as well as the Council minutes where the
right-of-way was abandoned. Mr. Koenig stated that, based on his non-legal review,
it appeared that the property owner had done things correctly in accordance with what
he was granted by the City.
In response to Mayor Christiansen, Mr. Koenig advised that, to his knowledge, there
were no utilities in this right-of-way and that the survey of the area would determine
the existence of any utilities. Mr. Koenig explained that there was an overhead pole
line on the east side of the property where the right-of-way becomes 85 feet, which
carries electric, telephone, and cable. He stated his understanding that the water and
sewer lines were in Silver Lake Drive. Mr. Koenig informed members that the City
would maintain a utility easement over any utilities indicated by the survey.
Regarding the access issue referred to by Mr. Anderson, Mayor Christiansen stated
that there is a fire hydrant that is located on private property due to the City
conveying the property. Mr. Koenig stated that the fire hydrant in this area would
most likely be abandoned or moved in the future.
Mr. Hutchison questioned whether the City had canvassed the neighborhood to
determine what the feelings were regarding this matter. Responding, Mr. Koenig
stated that the neighborhood had not been canvassed and letters were not sent to the
neighborhood because this situation was different than when the City abandons the
full right-of-way. He stated that if members would like that to be done, staff could
do it just to make sure there are no objections.
The Committee recommended, provided local property owners are surveyed and
there are no problems, that a certain portion of right-of-way adjacent to property
located at 107 Silver Lake Drive in the East Lake Gardens Subdivision, owned by
Bruce and Della Parham, be determined to be excess property, and that the City
Manager be authorized to convey the excess property in accordance with Exception
C of the Procedures for Sale and Disposition of Real Property, as recommended by
staff.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
Timeline for Review of Fiscal Year 2016/17 Budget (Deferred during the meeting
of June 22, 2015)
Mr. Scott Koenig, City Manager, reviewed the FY16 Budget Calendar. He explained
that advancing the timeline would create challenges regarding revenue projection.
Mr. Koenig informed members that City Council recently adopted the FY16 Budget
which included the expected revenue projections, and the State did maintain the
expected levels; however, it remained an unknown factor until the end of June. He
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stated that passing a budget in April would create uncertainty, noting that it would
be difficult to provide accurate numbers and predict what would happen at the end
of the State’s session. Mr. Koenig indicated that there are ways for staff to provide
additional information as the budget year progresses to try to fine tune expectations.
Mr. Koenig reminded members that staff had kept spending and costs down in the
20 and 30 series of the operating budget. He stated that staff had done a fair job of
maintaining the capital plan during the last few years, noting that although staff had
to adjust project budgets occasionally, the actual total funding stream was consistent.
Mr. Koenig advised that staff expected to keep that trend going forward, explaining
that large increases in the FY16 budget were the result of additional personnel and
increased healthcare costs.
Mr. Koenig stated that if Council wanted to accelerate the budget schedule, he would
comply; however, he reiterated that it would be more difficult for staff.
Mr. Shevock questioned if the City received funding other than municipal street aid
from the State of Delaware. Responding, Mr. Koenig advised that, for FY16, the
City received municipal street aid based on a formula; payment in lieu of taxes
(PILOT), which remained fairly consistent; and realty transfer tax. He explained that
when State budgets are very tight, PILOT is often an item that they think about
adjusting. Mr. Koenig informed members that after Council completed their budget
hearings for the FY16 budget, the State began discussing the possibility of adjusting
the local share of the realty transfer tax. He stated that the vote taken by the State
would have affected the FY17 budget; however, it highlighted the potential impact
on local governments of the State voting very late in the budget year. Mr. Koenig
indicated that any type of legislation being considered by various committees or
legislators could potentially impact the City, especially if it affects property
assessment, licensing, or any type of additional tax that the City may want to
incorporate.
Mayor Christiansen stated that he had spent a few days at Legislative Hall during the
last session and expressed his opinion that it would not hurt the City to have a
preliminary budget that reflects the possible shortfalls that the State of Delaware is
going to have. It was his feeling that staff should develop the budget ahead of time,
not taking into consideration Community Transportation Funds (CTF) or transfer tax
monies. Mayor Christiansen advised that the City may see an increase in PILOT
from the State, since the City’s delegation was asked to request the appropriate
amount of PILOT. However, he noted that transfer tax is not sacred, healthcare costs
continue to increase, and municipal street aid may disappear altogether.
Mayor Christiansen suggested providing Council with a preliminary draft budget by
the middle of March to give members a rough idea of the City’s future and the
revenues that will be available. It was his feeling that although this may place
additional stress on staff, it would certainly relieve Council of surprises.
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Mr. Hare stated that his primary concern was expenses, not revenues. He suggested
that staff prepare a preliminary budget by the end of March using FY16 revenues and
projected increases in expenses. He expressed his opinion that Council needed more
than three (3) weeks to review and address expenses.
Mr. Shevock noted that the City may not receive funding from the State next year;
therefore, he suggested that staff prepare a preliminary budget excluding State
funding.
Mr. Anderson reminded members that in previous years, Council held their first
budget workshop around February to discuss the status of the economy and City
revenues and expenses. He stated that he would like to see this type of workshop
resumed. Mr. Anderson expressed his opinion that Council did not need to pass a
budget in March or April; however, Council could hold a workshop in February or
March to set priorities, and staff could hold budget workshops beginning in April.
It was his feeling that the workshops did not have to be held all at once; instead, he
would prefer some in April and May, with the Council mark-up to conclude in late
May.
Mayor Christiansen noted that having a preliminary budget in March would also
allow members of Council, staff, and the public an opportunity to present an
alternative budget.
Mr. Hare informed members that the PILOT the City receives from the State of
Delaware had been addressed with the City’s legislators. He explained that the City
currently has approximately $300M worth of assessed State property; however, the
City only received $270,000 in PILOT. Comparatively, Mr. Hare stated that the City
of Wilmington has $188M worth of State property and they receive $2.7M in PILOT.
Responding, Mayor Christiansen advised that a resolution had been submitted that
would change this but he was not certain how far it would go.
Mr. Koenig reiterated that a lot of work goes into the budget, but explained that if
members request a preliminary budget for all funds earlier, staff would meet the
schedule. He stated that his only caveat was that the revenue numbers would be less
solid as they moved further away from the end of the June.
Mr. Hare stated that he was really only concerned with the projected expenses and
the preliminary budget could include the FY16 revenues.
Mr. Sudler moved to recommend that staff provide a preliminary FY17 budget
between March 15 and March 31, 2016, to review expenses. The motion was
seconded by Ms. Maucher.
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Noting that the City of Dover relies on funds from the State of Delaware, Mr. Slavin
questioned whether the City had ever examined the possibility of changing the fiscal
year to align with the federal government, which begins October 1st. Responding,
Mr. Koenig stated that he would need to consult with Mrs. Donna Mitchell,
Controller/Treasurer, to determine if the fiscal year was related to an accounting
standard.
Mayor Christiansen advised that the City’s fiscal year used to be January through
December.
Mr. Slavin stated that he was unaware of what might be involved in making the first
adjustment; however, he believed it would require more than one (1) discussion by
the Legislative, Finance, and Administration Committee, noting that he was not
requesting a response at this time.
Mrs. Donna Mitchell, Controller/Treasurer, stated that changing the City’s fiscal year
would require research. She advised that most municipalities and the State of
Delaware begin on July 1st; however, the federal government begins its fiscal year on
October 1st and some municipalities may begin then as well. Mrs. Mitchell stated
that another possibility would be to begin the fiscal year on January 1st, noting that
the City of Newark does this.
Referring to Mr. Koenig’s comment, Mr. Slavin stated that a two (2) year budget
cycle may also have merit and suggested that the committee come back with pros and
cons regarding these suggestions, including what confusion may be caused by having
a different fiscal year than the State.
Mr. Hare stated that he liked the idea of beginning the City’s fiscal year on
October 1st, since all of the State monies would be in by then.
Mr. Slavin noted that the City does not receive a significant amount of funding from
the federal government. Responding, Mrs. Mitchell advised that it is confusing that
the federal fiscal year is different than the City’s when dealing with grants and
overlapping years.
Mr. Shevock noted that the City’s tax bills go out on July 1st each year and are part
of that fiscal year budget. He questioned how the tax year would be affected by a
change in the fiscal year. In response, Mrs. Mitchell stated that everything, including
taxes, would have to be changed to coincide with the new fiscal year. Mr. Slavin
suggested that the City could have a 15-month tax year, followed by a 9-month tax
year in order to implement the change.
The Committee recommended that staff provide a preliminary FY17 budget between
March 15 and March 31, 2016.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 32
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis
absent).
Proposed Amendments to the City of Dover Code of Ordinances - Chapter 2 -
Administration, Article IV - Officers and Employees, Division 4 -
Controller/Treasurer and Division 5 - City Clerk; Chapter 54 - Health and
Sanitation, Article I - In General, Section 54-1 - Health Inspector Generally;
Chapter 82 - Planning, Section 82-2 - City Planner; and Chapter 102 - Taxation,
Article I - In General, Section 102-3 - Administrative reporting
Mrs. Traci McDowell, City Clerk, informed members that during the Regular
Council meeting of March 23, 2015, City Council adopted a motion “to maintain a
full time mayor and that all departments, excluding the City Clerk's Office and the
Finance Department, will report to the City Manager who is appointed by and will
report to City Council.”
Mrs. McDowell reviewed proposed ordinance amendments which would change the
selection and/or reporting of the City Planner and the City Assessor to the City
Manager. She advised that the Economic Development Office is not referenced in
either the City of Dover Charter or the Dover Code of Ordinances, and City Council's
motion of March 23, 2015 effectively moved the Economic Development Office
from the Mayor to the City Manager. Mrs. McDowell stated that Charter
amendments would be necessary to complete the transfer of the City Assessor and
the Police Department to the City Manager. She informed members that the
proposed amendments also remove the requirement for the annual reappointment of
these positions.
Staff recommended directing the City Clerk to prepare the necessary ordinance
amendments for presentation to City Council/First Reading.
Mr. Hare questioned whether members would want to leave the City Assessor as a
Council appointee. Responding, Mrs. McDowell stated that would be a discussion
for the next agenda item, noting that the proposed Charter amendments were
suggestions based on Council’s previous motion and comments.
Mayor Christiansen informed members that on March 9, 2015, City Council made
a decision regarding the direction of the City, which gave the Mayor some
responsibility; however, 14 days later, Council changed their mind. He questioned
if any members knew or had researched why the City Clerk, Assessor, Planner, or
Controller/Treasurer were put under the direction of City Council.
Mayor Christiansen expressed his opinion that is was imperative that these
departments remain under the control of City Council. While he stated that he did
not want to appear self-serving, Mayor Christiansen expressed concern that the
public had repeatedly told Council, in different ways and by different actions, that
they want a strong mayor who works in consort with the Chief Operating Officer of
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 33
the City, and for public safety to remain under the control of the Mayor. He stated
that, through various elections, the public had reaffirmed that they want a strong
Mayor who has the responsibilities of at least public safety and economic
development. Mayor Christiansen reminded members that during the last municipal
election, the two (2) top mayoral candidates debated the fact that the City needed a
strong Mayor and a number of council members who did not believe in that are gone.
He expressed his opinion that members should take a second look at the actions of
March 23, 2015, give the Mayor some responsibility and allow him/her to work in
consort with the City Manager on a daily basis, since the Mayor is the elected official
who is present on a daily basis.
Mayor Christiansen informed members that the City Clerk, Assessor, Planner, and
Controller/Treasurer were put under the direction of City Council because, at the
time, the City Manager told members of Council that unless they came back with
four (4) other Council members, he did not have to talk to them. Mayor Christiansen
cautioned members not to give away their responsibility, noting that they could take
his away, but to take away Council’s responsibility would be a disservice to the
public who had reaffirmed the direction they wished the City to take. He stated that
his comments were no reflection on the current City Manager, explaining that the
current City Manager and Assistant City Manager did a terrific job.
Mayor Christiansen suggested that members take a long, hard look at the proposed
ordinances and changes, rather than having one (1) committee meeting to discuss this
matter.
Responding to Mr. Hutchison, Mayor Christiansen stated that he would not have a
problem with the City Manager being the Chief Operating Officer of the City who
reports to the Mayor and Council.
Mr. Hutchison stated that was the intent of this change. He explained that the City
Manager is chosen based on education, knowledge, and skill sets that enable him/her
to run a city and have responsibility for the budget, along with the City’s
Controller/Treasurer. Mr. Hutchison reminded members that he had served the City
of Dover as the Police Chief, Mayor, and a member of Council and expressed great
concerns regarding the day-to-day operations and loss of control compared to what
the City used to have. He stated that giving the City Manager the authority to be the
Chief Operating Officer does not mean that he would run the Police Department;
rather, the City Manager would be responsible for the operations and the finances,
and would report to the Mayor or Council. Mr. Hutchison noted that the City
Manager has the expertise, while elected officials are here to listen and be guided by
the information provided. He stated that the proposal could be fine-tuned, and noted
the Mayor would still be the point person and serve on top with the Council.
Mr. Hutchison explained that the City was very complex, including the overall
operation, various departments, personnel issues, labor contract negotiations, etc. He
reminded members that, most importantly, under the current structure, the Police
Department does not report to the City Manager and has nothing to do with the City
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 34
Manager from a financial point of view. As an example, he reminded members that
the Police Department requested ten (10) additional police officers in the middle of
FY15, noting that you cannot run a city that way and no business plan would justify
that type of change.
Responding to Mr. Hutchison, Mayor Christiansen stated that the matter with the
Police Department was something that should not have happened; however, he stated
that the City knew that the need was there when Councilman Hosfelt was Chief of
Police but the problem was deferred.
Mayor Christiansen expressed his opinion that no one, including himself, who could
get elected to serve as Mayor would ever want to interfere with the daily operations
of the City; however, the Chief Executive Officer should either work in consort with
or report to the Mayor. He reiterated that it was imperative to maintain checks and
balances through Council retaining responsibility over the City Clerk, Assessor,
Planner, and Controller/Treasurer; otherwise, the Mayor and Council would become
non-entities in the government, and the citizens did not elect the Mayor and Council
to be non-entities. Mayor Christiansen informed members that the City’s Charter
was adopted in 1929 when people did not trust politicians; however, he stated that
the Mayor and members of Council were not politicians but public servants, and the
City’s hybrid form of government allows the public to get the most out of their
money.
Mr. Hutchison noted that it was important for the citizens of Dover to understand that
the City Manager works at the pleasure of the Mayor and Council. He stated that the
City Manager and other department heads do not have contracts; they perform their
jobs on a daily basis and it is Council’s job to ensure that the City provides the best
service for its citizens. Mr. Hutchison explained that the City needed to make some
modifications within the structure in order to make the City Manager a chief
operating person with a greater authority to bring together all of the departments
within the City, including the Police Department, to present and deal with issues and
accomplish the job that is asked by Council and the City’s citizens. He requested that
members consider these issues, noting that he believes that the City can become
better and more efficient by putting better controls in place.
Mr. Sudler informed members that he had previously voiced his opinion in his
proposal of Option A (a full-time Mayor's position, with consideration of changing
the City's current form of government to a Mayor/Council form of government,
where the City Manager and Chief of Police would be appointed by the mayor and
confirmed by City Council, and that any positions which currently report to Council
that are moved to report to the Mayor would only be removed for cause and with
Council approval.) He stated his belief that the City is growing to the point where
a strong mayor form of government is necessary. Mr. Sudler advised that this type
of strong mayor/council form of government would allow Council to focus strictly
on legislative issues and ordinances. It was his opinion that a city manager should
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 35
be the chief administrative assistant, working with the Mayor and under his
supervision, and they should work together to come up with departmental goals and
ensure that those goals are met. He stated that this would also provide the criteria for
a job description for the Mayor, which needs to be developed.
Mr. Sudler stated that he strongly believes that the City needs a strong mayor form
of government, noting his belief that it could work. He agreed with
Mayor Christiansen and Mr. Hutchison that it needs to be fine-tuned and requested
that members work together on this matter. Mr. Sudler informed members that the
people had spoken, noting that during previous Legislative, Finance, and
Administration Committee meetings members of the public expressed that they
wanted the Mayor to be the focal point. It was his thought that a lot more could be
accomplished if the City were to allow the Mayor to have the City Manager under his
supervision, explaining that the Mayor would be able to address, and help the City
Manager address, issues that arise on a daily basis, even departmental issues, since
he is here on a daily basis and members of Council are not.
Mr. Slavin stated that he has worked in the public sector for approximately 25 years
and that reorganizations can certainly have value; however, especially in the public
sector, they tend to be messy, confusing and often expensive. He stated that
reorganizations are expensive in terms of actual dollars as well as in the trust that
members build with the voters and taxpayers who support the positions. Mr. Slavin
also stated that reorganization does not always work, noting that there is no guarantee
that the new thing that members try will be successful.
Mr. Slavin advised that Council had never really achieved consensus regarding this
issue. While he did not want to denigrate this matter, he expressed his opinion that
this matter has been a distraction. Mr. Slavin stated that the new members of Council
had inherited a suggestion on this issue, not a mandate. He explained that this issue
is open for debate and decision by the current Council; however, it was his opinion
that Council has a lot of bigger issues to get to. He stated that he did not desire
further discussions regarding this matter and would prefer, with five (5) new council
members, that Council leave things the way they are and focus their time, energy and
efforts on running things efficiently and, more importantly, effectively for the City.
Mr. Anderson stated that this was a complicated situation and questioned whether
leaving things the way they are would require a vote at this time, due to Council’s
motion of March 23, 2015. He expressed his opinion that the City did not need to
rush into a decision. Mr. Anderson stated that this is a definite concern to him and,
if he were to make a choice today, he would probably agree with Mr. Sudler.
Mr. Hare agreed that this issue had been on the table for a long time. He stated that
he did not care what decision Council made on this matter; however, he urged
members to make a decision. Mr. Hare reminded members that the City currently has
a City Manager and an Assistant City Manager that are only responsible for half of
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 36
the City, explaining that it is impossible to hold the City Manager accountable for the
City’s budget, which is his responsibility, since he is not responsible for all of the
departments. Mr. Hare expressed his opinion that members give the City Manager
responsibility for the budget and everything that happens in the City, in order to hold
him accountable if there is a problem. Additionally, he noted that the City Manager
is currently unable to make recommendations in regard to matters that are not his
responsibility, regardless of whether they are good recommendations. It was
Mr. Hare’s thought that one (1) person should be responsible for the entire City so
that Council can hold that person accountable. Referring to Mr. Hutchison’s
comment, Mr. Hare stated that the Mayor could be the chief of the City and be
responsible for managing the Police Department, but not the financial side of it.
In response to Mr. Hare, Mayor Christiansen agreed that having one (1) budget was
an important detail that may be lacking. He did not believe the City should have
separate budgets for the City and the Police Department.
Mr. Hare reiterated that the City Manager is not responsible for the Police
Department, economic development, or any of the other responsibilities that fall
under the Mayor, and if the Mayor remains the chief executive, he could also deal
with the Police Department, except for the financial part of it.
Mr. Hare suggested that this matter should be discussed during a separate meeting,
in order for members to make a final decision.
Mr. Hosfelt stated that, unless something had changed drastically in the past one (1)
and one-half years, as the Chief of Police he always worked directly with Mr. Koenig
and Mrs. Mitchell in developing the budget. He explained that he knew that what he
did in regard to the budget had to go through the City Manager’s Office and Finance
Department, and the Police Department did not operate independently from the rest
of the City. Mr. Hosfelt noted that the Police Department was always deeply
involved in the budget process, probably because it is the largest department. He did
not think it was fair to say that the Police Department had a separate budget or were
separate from the rest of the City because he did not believe that was ever the case.
Mr. Hosfelt stated that the Police Department was always included as part of the
package deal.
Referring to the discussions pertaining to a strong mayor, Mr. Hutchison reminded
members that the Mayor was previously a member of Council, presided over Council
meetings, and had a vote but no veto power. He stated that the Mayor was a member
of the team then; however, now the Mayor has a voice but no vote. Mr. Hutchison
suggested that if members want the Mayor to be in charge, then he should earn
his/her income by presiding over the meetings. He informed members that, currently,
the Mayor does not have to attend any committee or Council meetings.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 37
Responding to Mr. Hutchison’s comments, Mayor Christiansen noted that the Mayor
is an ex-officio member of all of the committees and it is his responsibility to attend
all of the meetings.
Mr. Hutchison indicated that when he served as Mayor he attended all of the
meetings as well. He reiterated that years ago, the Mayor was really in charge and
the responsibilities had been diluted over time. Mr. Hutchison stated that, as
members review the issues and try to resolve the problems, if they choose to have a
strong mayor, he would prefer to see the Mayor actively involved with the City every
day.
Mr. Hutchison questioned if Mayor Christiansen thought that presiding over Council
would make him a greater part of the City. In response, Mayor Christiansen
expressed his opinion that it would not make him a greater part of the City because
Council should be the legislative body of the City and not administrative.
Mr. Hare suggested that members continue this discussion at a separate meeting. He
also indicated that the City could have the Mayor as the chief executive officer with
no control over finances.
Mayor Christiansen suggested making the Mayor part of the budget process in order
to hold him accountable, along with the City Manager. Responding, Mr. Hare
reminded members that the City Manager would be reporting to members of Council.
Mr. Sudler expressed his opinion that the Mayor should have a vote since he
represents the mass of the people in the City. He thought that the Mayor’s vote is
valid and that the Mayor should participate in the process since he/she is an elected
voice for the people. Mr. Sudler stated that he was uncertain how it would work but
thought that the Mayor should play a more significant role. He informed members
that he had researched this topic and found that in a strong mayor form of
government, the mayor can have veto power and a vote.
Mr. Hare moved to defer this matter as well as Item #5 - Proposed Amendments to
the City of Dover Charter, and schedule a special meeting, without a time limit, to
allow for further discussion. The motion was seconded by Mr. Shevock.
Mr. Sudler suggested allowing for more input from the community, to provide the
new members a new perspective. Responding, Mr. Hare indicated that the
community could attend the meeting and share their comments during the open
forum. He stated that he would also like to begin having quarterly town meetings
again.
Mr. Hosfelt expressed his opinion that it is the responsibility of each member of
Council to talk to their constituents to find out what they want, noting that they were
elected to represent their district.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 38
Mr. Hare stated that members could speak directly to their constituents and the public
could also attend the meeting to speak.
Mr. Sudler suggested that members could have a survey orchestrated for each
member of Council to provide to their constituents during their individual district
meeting. He noted that this would provide some type of tangible scale and members
could report the data, since any member of Council could misrepresent their
constituency.
Mayor Christiansen reminded members that the Mayor had the responsibility to hold
quarterly town meeting and stated that he would like to schedule a quarterly town
meeting to discuss the issues and provide an opportunity for people to attend and give
members their input.
Mr. Hare indicated that the Mayor should proceed with scheduling the quarterly town
meeting.
The Committee deferred this matter, as well as Item #5 - Proposed Amendments to
the City of Dover Charter, and recommended scheduling a special meeting, without
a time limit, to allow for further discussion.
During the Council meeting, Council President Slavin advised members that the Committee deferred
consideration of this item and recommended scheduling a special meeting, without a time limit, to
allow for further discussion. Additionally, because Charter and Code amendments are not required
to move the Economic Development Office under the City Manager, the motion of March 23, 2015
effectively moved the department. Staff would like the action regarding the Economic Development
Office affirmed to clarify the reporting structure for the office.
Mr. Hare, Chair of the Legislative, Finance, and Administration Committee, stated that it was his
understanding that the Economic Development Office did not require a Charter change and was
moved under the City Manager.
Mrs. Traci McDowell, City Clerk, stated that the intent of this discussion, because the Committee
deferred further action on the Charter and Code amendments, was to get clarification on the action
of March 23, 2015 related to the Economic Development Office. She noted that it was technically
moved under the City Manager; however, because the other amendments have been deferred, she
thought that both the City Manager and the Mayor would like clarification that Council still intends
for the Office to be moved under the City Manager. Responding, Mr. Hare stated that he believes
that is the intent.
Mr. Hosfelt stated that he thought they needed to sit down and hammer this issue out and make a
decision one way or the other. He did not see the sense in singling out the Economic Development
Office when no other decisions had been made. Mr. Hosfelt stated that they should make the time
to decide, whether it is by holding special meetings, a referendum, or going out to their constituents
to find out what they want.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 39
Mr. Neil moved to schedule a special meeting, without a time limit, to allow for further discussion
of the reorganization of the City. The motion was seconded by Mr. Hosfelt.
Mr. Hare requested that the meeting be scheduled when the full Council can attend and suggested
some time in September. Mr. Hosfelt stated that he would like some time before the meeting to
contact their constituents for their ideas and opinions.
Mr. Sudler requested that all of the Legislative, Finance, and Administration Committee minutes
related to this issue be submitted to all of the new Council members. He suggested that they be
provided back to the meeting when Mr. Holden and the rest of the community first came to them
saying that they wanted a new organization for the government for the City of Dover.
The motion to schedule a special meeting, without a time limit, to allow for further discussion
of the reorganization of the City was unanimously carried.
Council President Slavin, noting that the remaining issue was the reporting structure for the
Economic Development Office, reiterated that the March 23, 2015 action by Council effectively
reorganized that office by taking it from underneath the Mayor and placing it under the City
Manager, and Staff was requesting affirmation of that action.
Mr. Sudler moved to have further discussion of this issue, along with discussion regarding the City
reorganization, at the special meeting being scheduled in September. The motion was seconded by
Mr. Neil.
Mrs. McDowell stated that the Economic Development Office is different from the other offices
being considered for reorganization because, in March, the motion was made to move those
departments under the City Manager and there is nothing in the Code or Charter that needs to be
changed to move the Economic Development Office. She noted that right now the Economic
Development Office is under the City Manager; however, because everything else had been deferred
for further discussion, she did not believe that the City Manager was comfortable assuming that role
without this Council saying they do or do not want to proceed that way. Mrs. McDowell stated that
oversight of the Economic Development Office is currently in limbo.
Mr. Hare stated that the move in March was made because it did not need Charter changes and it was
Council's feeling that the Economic Development Office should report to the City Manager and he
thought that was the way it needed to be to provide some accountability. Mr. Hare noted that the
new Assistant City Manager has experience in economic development and it is a natural fit to have
the Economic Development Office reporting to the City Manager and the Assistant City Manager.
Mr. Slavin advised that an email was received from Ms. Joan Denny on July 27, 2015 regarding this
issue and noted that copies were provided to each Council member.
Mr. Hare moved to acknowledge receipt of the email, waive its reading, and place it into the
record (Exhibit #2). The motion was seconded by Mr. Hosfelt and unanimously carried.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 40
Mr. Hare stated that they are reaffirming for Mr. Koenig the decision that was made in March that
he is responsible for the Economic Development Office. He noted that they still need to discuss the
Charter changes but the change to the Economic Development Office was already made and
Mr. Koenig just wants reaffirmation of the decision.
Mr. Sudler requested clarification on the Mayor’s duties, noting that he thought the Mayor was
supposed to be head of economic development or to play a significant role in economic development
according to the Charter. Responding, Mrs. McDowell stated that economic development is a part
of the Mayor’s job description in the Dover Code. She noted that the job description was written
before the creation of the economic development office and, once created, the economic
development office was under the direction of several different departments. She advised that the
motion that was adopted in March does not put the office under the Mayor, it puts it under the City
Manager and it would be good for everybody if it was clarified.
Mr. Sudler stated that he felt this issue needed more discussion because, as a new Council member,
it is his understanding from his research that the Mayor is supposed to play a significant role in that
component with the City. Responding, Mrs. McDowell stated that she believed the intent when the
job description was written was for the Mayor to go out into the community and to find businesses
to bring to Dover.
Mr. Koenig stated that when the Economic Development Office was created, it was originally in the
Planning Office, then it was under Public Services. When he became City Manager, there was
concern about moving it back into the Planning Office because one (1) of the Councilmen at the time
believed there was a conflict of interest for the Planning Office to be the overseer of the Economic
Development Office. Mr. Koenig stated that in 2012 the Council, not through public input or
requests from citizens, added it under the purview of the Mayor's Office. The issue for Staff really
is that this is a relatively small office and several people in the office are part of the bargaining unit,
and Council affirmed in the March meetings that this office should fall under the purview of the City
Manager's Office. Mr. Koenig stated that it does not take the Mayor out of being involved with
economic development. There are a number of people that come in and have an initial meeting with
the Mayor’s Office regarding development projects and then those duties to promote economic
development get divided up amongst the Economic Development Office, sometimes the Planning
Office, and sometimes the City Manager's Office, but the first contact for economic development
quite often is the Mayor's Office or the Planning Office. Then it reverts into the Economic
Development Office. Mr. Koenig stated that he really just wants to clarify this going forward and
not to tie up the discussion of economic development with the issue of Charter changes because the
Charter, as far as the office management, is silent.
Mr. Slavin stated that, as a compromise, they could provide the clarification that Mr. Koenig needs
to move forward with City business with the understanding that it be revisited during the special
meeting being scheduled in September as part of that larger context of reforms.
Mr. Neil asked if the FY 2016 economic development budget was under the City Manager or the
Mayor. Responding, Mr. Koenig advised that it has its own budget.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 41
Responding to Mr. Hosfelt, City Solicitor Rodriguez confirmed Mr. Koenig’s interpretation that a
Charter amendment was not necessary with regard to the Economic Development Office.
Mr. Sudler withdrew his motion to have further discussion of this issue, along with discussion
regarding the City reorganization, at the special meeting being scheduled in September.
Mr. Sudler moved to affirm City Council’s decision of March 23, 2015 to move the Economic
Development Office under the City Manager, with the understanding that this matter will be
revisited in September, which could lead to a different action. The motion was seconded by
Mr. Cole and unanimously carried (Anderson and Lewis absent). (City Clerk's Office Note:
Subsequent to the meeting, official notification was received of Mayor Christiansen’s veto of this
motion.)
Mr. Hare clarified that the decision they made on March 23, 2015 would be affirmed and the
Economic Development Office will report to the City Manager. He stated that he did not see the
need in the future, in other issues, to reaffirm their decisions three (3) or four (4) months later.
Mr. Hare felt that Mr. Koenig should have been able to take that on and if there was an issue then
it would come up. Responding, Mr. Slavin stated that they do not reaffirm every decision; however,
they reaffirm major decisions that were made when a majority of Council left office and a new
majority came in.
Proposed Amendments to the City of Dover Charter
This item was deferred during consideration of the previous item.
Mr. Sudler moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Hosfelt and unanimously carried (Anderson and Lewis absent).
UTILITY COMMITTEE REPORT - JULY 27, 2015
The Utility Committee met on July 27, 2015 with Chairman Hutchison presiding.
Contract Award - North American Energy Services (NAES) Amended and
Restated Operating Agreement
During the committee meeting held earlier this evening, Mr. Scott Koenig, City
Manager, informed members that the City's power supply attorney, Mr. Kirk Betts,
Betts & Holt, LLP; Mr. Harry Maloney, Electric Director; and Mrs. Donna Mitchell,
Controller/Treasurer, worked to negotiate an agreement with North American Energy
Services (NAES) on behalf of the City of Dover to ensure that the City is getting the
most out of the existing power plant with a third-party vendor operating it.
Members reviewed the Amended and Restated Operation and Maintenance
Agreement dated July 1, 2015 between the City of Dover and North American
Energy Services (NAES). Mr. Betts provided members with a revised Page B-1,
Appendix B - Performance Adjustment Provisions, explaining that the
Environmental factor was previously omitted. He advised that this revision did not
affect the weight of the other factors in the performance adjustment section.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 42
Mr. Betts stated that the section for environmental protection was a major issue for
plant performance and this correction clarifies that NAES is penalized for each
violation that occurs. He explained that, essentially, 25% of the 20% would be taken
away each time there is a violation until four (4) violations occur, and they would be
completely wiped out at 20%, which is about $100,000 on average over the five (5)
year term of the contract.
Mr. Betts informed members that changes were occurring in the PJM environment
and the entire energy market. He advised that PJM had changed the way power
plants are treated for capacity purposes. Mr. Betts explained that, beginning in
2018/19, every plant will have to be a capacity performance resource, which means
that each plant has to be available anytime a maximum emergency is declared. He
reminded members that during the polar vortex there were several plants that were
unable to dispatch when ordered, either because they had interruptible gas contracts
and there was no gas available because of the temperatures, or they were unable to
crank up the oil. Mr. Betts stated that, during this maximum emergency, PJM still
had enough capacity but the margin was very narrow and, as a result, PJM went
through a process, then went to the Federal Energy Regulatory Commission (FERC)
with a recommendation that plants be called capacity performance resources and
receive a premium. He explained that the premium is supposed to be a way to
guarantee performance and would reimburse the entity for having both oil and natural
gas back-up fuel or a firm contract, noting that it costs more to have a firm gas
contract than an interruptible contract.
Mr. Betts advised that the premium is still unknown at this time but would be
presented in the auction beginning on August 10, 2015, for the 2018/2019 market
period. He stated that the expectation is that the price for capacity will be much
higher than the current price, in order to ensure that plants will operate on maximum
emergency days. Mr. Betts noted that the current market price for capacity is $118
per MW day and it is expected to increase to more than $180 per MW day, with some
predictions indicating that it could be between $200 and $220 per MW day at this
first auction.
Mr. Betts explained that the other side of the issue is that the penalties are outrageous
if there is a failure of performance. He stated that the interim rules are still subject
to rehearing at the FERC; however, since the penalties are significant, The Energy
Authority (TEA) and the City of Dover have begun discussing whether the
performance adjustments in the proposed NAES contract align with where the City
currently is with PJM.
Referring to revised Page B-1, Appendix B - Performance Adjustment Provisions,
Mr. Betts noted that under Commercial Unavailability and Capacity, if the plant does
not perform, there is a reduction in NAES’ compensation. He stated that
Commercial Unavailability is 35% of more than $500,000, which is a significant
reduction and more than what the City had in prior contracts; however, it would not
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 43
come close to the penalties for failure to perform. Mr. Betts reminded members that
while a primary objective of the proposed contract was to ensure that the plant
performs, there is a mismatch between the value of the contract and the penalties and,
as a result, staff had discussed the possibility of adjusting the weights for
Commercial Unavailability and Capacity in the coming year. Mr. Betts advised that
in terms of the capacity performance requirement, the City is okay for this year but
there will be a transitional capacity performance requirement and then the full
requirement will begin in 2018/2019.
Mr. Betts stated that staff recommended authorizing the City Manager to execute the
Amended and Restated Operation and Maintenance Agreement dated July 1, 2015
between the City of Dover and North American Energy Services (NAES), as
presented with the inclusion of revised Page B-1, Appendix B - Performance
Adjustment Provisions.
Mr. Blakeman questioned if it would take six (6) months to terminate the agreement
if there was a catastrophic failure, especially after 2017 when the City is down to one
(1) generating unit. Responding, Mr. Betts stated that the six (6) month termination
notification would still apply; however, he indicated that something could always be
worked out. He expressed his hope that the City would not have a catastrophic
failure that would wipe out Unit 3 and the VanSant plant. Mr. Betts noted that the
expectation is, with the improvements that are being made at VanSant, that the City
would continue to bid that unit in, and he would recommend a modification of the
contract rather than a complete termination.
Mr. Blakeman noted that the City would be losing Units 1 and 2, which would drop
the City below the installed capacity to cover the peak load. He asked if there were
still requirements to have enough capacity to cover the load and what the impact
would be if the City only had the VanSant plant. In response to Mr. Blakeman,
Mr. Betts stated that there was still a requirement to have enough capacity to cover
the load and explained that the purchase power agreement with Calpine Energy
Services, L.P. for 40 MW would be considered by City Council during their meeting
scheduled for later in the evening. He explained that 40 MW would cover the loss
of Units 1 and 2 as well as the additional increment the City needs. Mr. Betts
informed members that the City would also go out in the periodic markets to pick up
any other difference the City may have to cover.
The Committee recommended authorizing the City Manager to execute the Amended
and Restated Operation and Maintenance Agreement dated July 1, 2015 between the
City of Dover and North American Energy Services (NAES), as presented with the
inclusion of revised Page B-1, Appendix B - Performance Adjustment Provisions, as
recommended by Staff.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 44
During the Council meeting, Mr. Koenig advised that City Staff, as well as the power supply
attorney, Mr. Kirk Betts, have been negotiating this agreement on behalf of the City of Dover for a
number of months. He noted that Mr. Betts has been at both of the last two (2) Utility Committee
meetings to lay out the parameters of this agreement, which Mr. Koenig believed will put the City
in a good position moving forward to efficiently manage power production.
Mr. Kirk Betts, Betts & Holt, LLP, advised that the agreement with North America Energy Services
(NAES) has been subject to negotiations for quite some time and was finalized several weeks ago.
He stated that the agreement is a five (5) year contract with a six-month termination agreement in
the event that things change dramatically.
Mr. Betts stated that NAES has operated the plant on behalf of the City of Dover since 2007. With
eight (8) years of significant experience, part of the position of the City’s negotiating committee is
that they have got a lot more ability to manage the risks that they did not have when they first took
over this project eight (8) years ago. In light of that, the amount of funds that are at risk under the
contract were increased while fixing the amount that they get as compensation for their management
agreement. Mr. Betts advised that the City will see an immediate reduction of about $70,000,
increasing over the next year and a half to two (2) years to close to $200,000 and, with changes in
staffing, they expect that total to be about $500,000 annually during the term of this contract, which
is a significant change. He stated that at the end of this contract in five (5) years the City would
actually be paying less than it is paying today for the same services.
Mr. Betts advised members of the following contract items: the contract has a fixed fee and a fixed
amount in the outreach section; NAES will continue to operate under the City's administrative
procedures for procurement; there is now a special role for the City’s Utility Director giving him a
direct, regular contact with the plant; the services are well defined in Exhibit A of the contract; and
services that are off-site have been incorporated into the base contract price.
Mr. Betts advised that there was a typographical correction to Exhibit B, which contains the
performance amounts. He noted that the environmental component, which is 20% of the
performance agreement, was omitted.
Mr. Hutchison moved to authorize the City Manager to execute the Amended and Restated
Operation and Maintenance Agreement dated July 1, 2015 between the City of Dover and
North American Energy Services (NAES), as presented with the inclusion of revised Page B-1,
Appendix B - Performance Adjustment Provisions (Exhibit #3), as recommended by Staff. The
motion was seconded by Mr. Neil and carried by a unanimous roll call vote (Anderson and
Lewis absent).
Mr. Hutchison moved for acceptance of the Utility Committee Report, seconded by Mr. Hare
and carried by a unanimous roll call vote (Anderson and Lewis absent).
QUARTERLY REVENUE REPORT
Members were provided the Quarterly Revenue Report as of May 2015.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 45
By consent agenda, Mr. Hare moved for acceptance of the Quarterly Revenue Report as of
May 2015, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson
and Lewis absent).
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - HEALTH
INSURANCE COST RESEARCH AD HOC COMMITTEE
Council President Slavin requested the following appointments to the Health Insurance Cost
Research Ad Hoc Committee:
Councilman Scott W. Cole
Councilman William F. Hare
Mayor Robin R. Christiansen
Scott Koenig, City Manager
Donna Mitchell, Controller/Treasurer
Kim Hawkins, Human Resources Director
By consent agenda, Mr. Hare moved for approval of the appointments to the Health Insurance
Cost Research Ad Hoc Committee, as recommended by Council President Slavin, seconded by
Mr. Hutchison and carried by a unanimous roll call vote (Anderson and Lewis absent).
APPOINTMENTS/REAPPOINTMENTS - RECOMMENDED BY MAYOR CHRISTIANSEN
Mayor Christiansen requested the following appointments/reappointments:
Dover Housing Authority - Mark Harmon - Six (6) Year Term to Begin August 15, 2015 and
to Expire August 15, 2021 (to fill the expiring term of Raymond L. Paylor)
Ethics Commission - Gary Coy - Five (5) Year Term to Expire July 31, 2020
Public Advisory Committee of the Dover-Kent County MPO - Jonathan Contant - Two (2)
Year Term to Expire July 2017
By consent agenda, Mr. Hare moved for approval of the appointments/reappointments, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Hutchison and
carried by a unanimous roll call vote (Anderson and Lewis absent).
PURCHASE POWER AGREEMENT (CAPACITY) - CALPINE ENERGY SERVICES, L.P.
The City’s power management team, along with The Energy Authority (TEA) and Mr. Kirk Betts,
Betts & Holt LLP, recommended the purchase of 40 megawatts (MW) of Unforced Capacity for a
five (5) year term starting on June 1, 2018 and running to May 31, 2023 at the DLP South capacity
point (I.E. - Cartanza Substation for Dover). The proposed 40 MW purchase will cover the City of
Dover’s retirement of Units 1 and 2 plus another 6 MW of capacity to cover the City’s projected load
requirements. The five (5) year term gives the City time for planning, engineering, power
contracting and/or construction to meet future capacity obligations to serve our load within the PJM
footprint. As Mr. Betts stated in the July 13, 2015 Utility Committee meeting, “we live in an
exciting time of changes and new developments in the energy markets.” The City will be facing
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 46
increasing demands regarding solar (Delaware State RPS requirement) obligations, Clean Power
Plant/EPA requirements, energy efficiency standards as well as “behind the meter retail generation”
in the form of Solar, Wind, Battery and Combined Heat and Power (CHP) systems. The City must
continue to meet its obligations to service all customers at lowest possible energy cost.
Mr. Kirk Betts, Betts & Holt LLP, advised that the Purchase Power Agreement consists of several
parts. The first part is the Master Power Purchase and Sale Agreement (EEI) which allows the City
to transact business from time to time with Calpine First Energy and Capacity Services. The second
part is the actual transaction confirmation for 40 MW of capacity out of the new Garrison Energy
Center, a plant located in Dover.
Mr. Betts reminded members that City Council made the decision to retire Units 1 and 2 by the 2018
energy year. He advised that the retirement will cause the City to be 34 MW, plus some other MWs
of capacity, short. The purpose of this agreement is, in part, to conceptually replace that capacity.
Mr. Betts stated that it will also create a hedge in the marketplace to protect the City against the
volatility in the market for capacity.
Mr. Betts advised that the Federal Energy Regulatory Commission (FERC), acting in response to
PJM, has now instituted a new way of looking at capacity, or capacity performance resource. The
capacity performance resource means that this entity absolutely must perform during peak periods
of maximum emergency in PJM. If that unit fails to perform, there is a tremendous penalty.
Mr. Betts advised that Calpine is state-of-the-art, has a very low heat rate, is brand new, and has a
very low probability of failing. Calpine assigns that capacity to the City of Dover and it is
technically the City’s most extraordinary unit for 40 MW and, if that unit fails, the City is not
responsible for the penalty.
Mr. Betts noted that the third area of benefit is that the price, while originally proposed at $177.50,
has been reduced by $1.50 due to the work of Mrs. Donna Mitchell, Controller/Treasurer, and the
pressure from the City’s utility group. He noted that this reduction will save approximately $110,000
over this five (5) year period. Mr. Betts advised that, although this is a significant commitment, it
protects the City against volatility in the energy and capacity markets. He advised that they have
been hearing prices in the $200 range and, with this contract, the price will be $176 per
megawatt-day.
Responding to Mr. Sudler, Mr. Betts stated that he did not believe the price will be any lower in the
auction and they were able to obtain a current premium with the contract. He advised that Calpine
is also benefitting from a guaranteed stream of revenue from the City. He was confident that for the
first year, which is 2018/19, the City will do better than what the market provides, noting that, like
all options, there is volatility in the beginning and it sometimes drifts off. Mr. Betts stated that,
considering planned and proposed retirements, capacity requirements, pressure for new, more
expensive capacity, and volatility, this was the right step to take and the five (5) year term was
appropriate.
Responding to Mr. Hosfelt, Mrs. Mitchell stated that this item is not budgeted in the current year and
that the City is three (3) years out from budgeting it in FY2019. She noted that it has been included
in the Financial Model.
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CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 47
Noting that the polar vortex was very costly to the City, Mr. Neil asked how the contract would
protect the City against a future polar vortex. Responding, Mr. Betts stated that with this contract,
the City would have 40 MW at Calpine, which has a firm gas contract and an oil backup, so there
is an expectation that the plant will absolutely perform. Mr. Betts advised that the City of Dover
plants have the same obligation to perform and they are considering many different options going
forward to add value to the City without the risk of non-performance.
Mr. Hutchison moved to authorize the City Manager to execute the Master Power Purchase
and Sale Agreement as well as other documents required to complete the purchase of 40 MW
of unforced capacity over the proposed term. The motion was seconded by Mr. Cole and
carried by a unanimous roll call vote (Anderson and Lewis absent).
Council President Slavin, on behalf of all Council members, thanked the Staff members who worked
on this issue with due diligence. He also thanked Mr. Betts for his efforts.
OVERVIEW OF STORM WATER SURVEY
Mr. Scott D. Koenig, City Manager, advised that the Department of Public Works is about to
undertake a public opinion survey which will begin in early August and run through the end of
September. He noted that this survey will provide multiple benefits to the City of Dover. First is
to help ascertain information from the public on their feelings about the state of flooding and surface
water quality within the City of Dover. The information gathered will provide useful data to
continue with the City’s storm water utility study that began last year under the direction of the
Public Works engineers, in partnership with a grant from the State of Delaware.
Mr. Koenig stated that the second benefit is that the survey will be part of the City’s required public
outreach and education on issues facing storm water for the Municipal Storm Sewer System (MS4)
permit. He noted that Staff is planning on having hard copies of this survey located at City Hall, the
Dover Public Library, the Pitts Center, and 5 East Reed Street. Mr. Koenig stated that they would
also utilize the City’s website and Facebook page to promote the survey by linking to an
internet-based survey collection system to tabulate the results.
Mr. Koenig noted that Staff is trying to get as many responses as possible to determine how people
feel about flooding within the community, if it is really a problem or a perception, and how willing
residents are to help resolve the issue. He reminded members that the City is behind on compliance
with the MS4 permit and now that the environmental scientist is on board, Public Works staff has
been working diligently to comply with the permit.
Mr. Koenig stated that although work on the permit has been transferred to the Department of Public
Works, the Planning Office continues to provide a number of support functions in regard to the MS4
permit.
Mr. Sudler suggested that the survey be disseminated with the utility bills to increase participation.
Paj 51
CITY COUNCIL MEETING OF JULY 27, 2015 PAGE 48
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Sudler announced that he and Mr. Anderson would be hosting a celebration and unity day in the
Fourth District on Saturday, August 1, 2015 from 1:00 p.m. to 8:00 p.m. at Mishoe Park, 320
Raymond Street. The purpose will be to celebrate Mr. Sudler's 2015 election to the City Council and
to strengthen the morale of the Fourth District through fellowship, unity, and family. Mr. Sudler
stated that entertainment would be by Faces of Motown.
Mr. Hosfelt moved for adjournment into the Special Council meeting, seconded by Mr. Cole
and unanimously carried.
Meeting adjourned at 8:49 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 27, 2015, are hereby approved (with the exception of the following motion: To affirm
City Council's decision of March 23, 2015 to move the Economic Development Office under the City
Manager, with the understanding that this matter will be revisited in September, which could lead
to a different action).
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\07-27-2015.wpd
Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 110 Rustic Lane
Exhibit #2 - E-mail Dated July 27, 2015 From Joan Denny
Exhibit #3 - Amended and Restated Operation and Maintenance Agreement dated July 1, 2015 between the City of
Dover and North American Energy Services (NAES) with Revised Page B-1, Appendix B - Performance
Adjustment Provisions
Paj 52
EXHIBIT #1
RegularCouncil Meeting of 07/27/2015
Violation of Dangerous
Building Ordinance
110 Rustic Lane
EXHIBIT #1
Planning & Inspections Department
Dover, Delaware
Regular Council Meeting of 07/27/2015
July 27, 2015
Paj 53
110 Rustic Lane
Case History
5 code enforcement cases since 2013
– Exterior code violations – Junk/debris in yard
– Broken windows – Damaged fascia/soffit
– Tall grass and weeds.
The utilities were terminated on October 19, 2011
Registered as vacant by the city on April 15, 2014
On February 19, 2015, City Staff condemned the
structure as unfit for human habitation and ordered
the building to be secured.
Outstanding Charges
– $500.00 in unpaid vacant building registration fees
– $25.00 grass citation
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Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Paj 69
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property repaired or demolished by August 27, 2015 by
the owner or equity owner at their own risk.
Order the Building Inspector to cause the repair or demolition of
the structures if not completed by the owner within 10 days of
the date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of repairs or demolition to be charged against the
land on which the building exists as a municipal lien or cause such
cost to be added to the tax duplicate as an assessment, or to be
levied as a special tax, or to be recovered in a suit at law against
the owner.
Paj 70
EXHIBIT #2
Regular Council Meeting of 07/27/2015
Stein, Jody
From: Joan <jed1492@aol.com>
Sent: Monday, July 27, 2015 12:33 PM
To: City Clerks Office
Subject: Correspondence to be read into the record of tonights meeting
TO BE READ IN IT'S ENTIRETY AT CITY COUNCIL MEETING JULY 27, 2015
As I was unable to attend the Legislative Finance Administration Committee
meeting on Monday July 13, 2015, I sent an email requesting that my comments
concerning proposed changes to the City Charter be read into the record. I am
now aware that my comments were not read into the record at that meeting.
As I am trying to be fair, I will assume that the Mayor’s remarks on the subject at
the July 13 meeting may have led someone to believe that reading my email was
no longer necessary.
However, my intention was not to have the email read only if the subject of
Charter change came up, but to enter into the record my statement to the
Council of the significance of the proposed Charter changes, and the gravity of
Council's actions.
I understand that not every Council person may be aware of the importance of
making changes to our Charter. Not every elected official has a degree in Public
Management. I hope the reading of this correspondence will serve as a reminder
that there is a need to slow down the process. Those directly involved in this
issue-- especially newly elected officials-- need to pause and take a deep breath.
We all need to fully understand where we have been before moving forward with
these proposed changes.
We elect a Mayor and Council and, in that process, we give those officials the
power to represent us. Diluting the power of the Mayor and Council by passing
decision making on to the City Manager and City Clerk is essentially changing our
form of government. This matter must not be taken lightly.
The following is my original email of July 13, 2015:
………………………………………
Honorable Council members:
The City Charter is the foundation document behind the government. The
Charter outlines the scope of what the government does as a whole, including its
rules and responsibilities to the citizens. It also lists the powers, checks, and
1
Paj 71
balances that guide and define the Council. In all these ways, the charter
represents the needs of the city as a whole.
As I read these proposed changes, I feel they are primarily giving power to an
unelected official, namely the city manager, and diluting the power of the elected
Mayor and elected Council. These proposed changes, as now written, redirect
power to the city manager, and take away the responsibilities of elected
officials.
These proposed changes must be accompanied by multiple ordinance changes, as
well as changes to job descriptions. Details can be discussed at length, but this
in itself is a complex process which clearly requires more study and discussion.
I know you all have good intentions and some recent events may be the driving
force for some of these proposed actions. Please use great caution as you
consider appointing a "king maker".
I also want to point out that I became aware of this important meeting only by
chance, and I wonder just how many taxpayers are unaware as well. I feel
strongly that in fairness to the constituents these types of discussions should not
be held in the summer, when many are vacationing. And notice to the public
must be made in the most visible ways.
While I am certain there was no intent of a clandestine meeting to make changes
behind the back of the taxpayers, I am sure you would agree that the appearance
sometimes outweighs the intent.
Joan Denney
.
2
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EXHIBIT #3
Regular Council Meeting of 07/27/2015
Final
AMENDED AND RESTATED
OPERATION AND MAINTENANCE AGREEMENT
between
THE CITY OF DOVER, DELAWARE
and
NAES CORPORATION
Dated as of
July 1, 2015
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TABLE OF CONTENTS
ARTICLE I - AGREEMENT.................................................................................................................. 1
ARTICLE II - DEFINITIONS................................................................................................................ 2
ARTICLE III - RESPONSIBILITIES OF NAES.................................................................................. 9
ARTICLE IV-ITEMS TO BE FURNISHED BY OWNER............................................................... 16
ARTICLE V-REPRESENTATIVES, BUDGETS AND REPORTS.................................................. 17
ARTICLE VI- LIMITATIONS ON AUTHORITY............................................................................. 20
ARTICLE VII - COMPENSATION AND PAYMENT........................................................................ 21
ARTICLE VIII - TERM........................................................................................................................... 22
ARTICLE IX- INSURANCE.................................................................................................................. 24
ARTICLE X - INDEMNIFICATION...................................................................................................... 25
ARTICLE XI - LIABILITIES OF THE PARTIES............................................................................... 26
ARTICLE XII - CONFIDENTIALITY................................................................................................... 27
ARTICLE XIII - TITLE, DOCUMENTS AND DATA......................................................................... 28
ARTICLE XIV - MISCELLANEOUS PROVISIONS........................................................................... 29
APPENDIX A- SCOPE OF SERVICES................................................................................................ A-1
I. SITE PERSONNEL: OPERATIONAL PERIOD SERVICES.......................... A-1
II. HOME OFFICE OPERATIONAL PERIOD SERVICES INCLUDED IN FEE.... A-3
III. HOME OFFICE PERSONNEL SERVICES PERFORMED ON HOURLY RA TE
PLUS EXPENSES BASIS........................................................................................... A-5
IV. NAES SERVICES PERFORMED AT NEGOTIATED RATES........................ A-6
APPENDIX B - PERFORMANCE ADJUSTMENT PROVISIONS....................................... B-1
APPENDIX C- FACILITY DESCRIPTION AND SPECIFICATIONS.................................. C-1
APPENDIX D - NOTICES.......................................................................................... D-1
APPENDIX E- SITE MAPS.................. .......................... ...................................... ...... E-1
APPENDIX F - HOME OFFICE PERSONNEL RATES..................................................... F-1
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AMENDED AND RESTATED
OPERATION AND MAINTENANCE AGREEMENT
This AMENDED AND RESTATED OPERATION AND MAINTENANCE
AGREEMENT (the "Agreement") dated as of July 1, 2015 (the "Effective Date") by and
among the City of Dover, Delaware (the "Owner" or "City"), a Delaware municipality, with
offices located at 15 Loockerman Plaza., Dover, Delaware 19903, and NAES CORPORATION
(f/k/a NORTH AMERICAN ENERGY SERVICES COMPANY) ("NAES"), a Washington
corporation, with offices located at 1180 NW Maple Street, Suite 200, Issaquah, WA 98027.
RECITALS
1. Owner owns the Facility (this and other capitalized terms are defined in Article II).
2. Owner and NAES entered into that certain Operation and Maintenance Agreement
dated as of May 4, 2006 (as amended on June 1, 2006, July 1, 2007, and May 5,
2008) pursuant to which NAES is performing operation and maintenance services on
behalf of Owner at the Facility (the "Existing Agreement").
3. The Parties desire to amend and restate the Existing Agreement in accordance with
the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, and of the mutual covenants,
undertakings and conditions set forth below, the Parties agree as follows:
ARTICLE I - AGREEMENT
1.1. Agreement. This Agreement consists of the recitals, and the terms and conditions
set forth in this Agreement, as well as the appendices that are referenced in the table of contents
and attached to this Agreement. The recitals, appendices and terms and conditions must be read
together to obtain a full understanding of the intent of the Parties.
1.2. Relationship of the Parties. Owner is retaining NAES as an independent contractor
to operate and maintain the Facility on behalf of Owner. Subject to any limitations expressly set
forth in this Agreement, Owner delegates to NAES, and NAES accepts from Owner, the
responsibility of operating and maintaining the Facility, as more specifically described below.
1.3. Entire Agreement. This Agreement contains the entire agreement between the
Parties with respect to operation and maintenance of the Facility and supersedes all prior
negotiations, undertakings, agreements and business term sheets. Neither Party will be bound by
or deemed to have made any representations, warranties, commitments or undertakings, except
as expressly stated in this Agreement.
Paj 75
ARTICLE II - DEFINITIONS
2.1 Rules of Construction. For all purposes of this Agreement (including the
preceding sections and recitals) unless otherwise required by the context in which any defined term
appears, capitalized terms have the meanings specified in this Article II. The singular includes
the plural, as the context requires. "Includes" or "including" means "including, but not limited
to." The terms "ensure" and "reasonable efforts" will not be construed as a guarantee, but will
imply only a duty to use reasonable effort and care, consistent with Prudent Operating and
Maintenance Practices, and will include reasonable expenditures of money and at least such efforts
as NAES would undertake for its own assets or operations or for services provided to an Affiliate.
"Gross negligence" will not be construed as simple or ordinary negligence, it being the intent of
the Parties to preserve a distinction between errors made inadvertently while attempting to
perform with due care and actions taken with a knowing disregard for a substantial foreseeable
risk, notwithstanding whether a court would otherwise apply such distinction at common law.
"Day" (regardless of capitalization) shall mean a calendar day, unless specifically designated as a
Business Day. References to articles, sections and appendices mean the articles and sections of,
and appendices to, this Agreement, except where expressly stated otherwise.
2.2 Definitions. For all purposes of this Agreement (including the preceding sections
and recitals), unless otherwise required by the context in which any defined term appears,
capitalized terms have the meaning specified in this Section 2.2.
"Administrative Procedures Manual" means the manual, developed and provided by
NAES that includes, among other things, information, policies, and procedures pertinent to
NAES's performance hereunder, including (i) reporting, (ii) correspondence and review
procedures, (iii) procurement and contracting procedures, (iv) accounting, bookkeeping and
record keeping, and (v) personnel procedures for NAES's activities at the Facility.
"Affiliate" means, with respect to any Person, any other Person that, directly or indirectly
through one or more intermediaries, controls, is controlled by or is under common control with
such first Person. The term "control" (including related terms such as "controlled by" and
"under common control with") means the possession, directly or indirectly, of the power to
direct or cause the direction of the management or policies of a Person, whether through the
ownership of voting securities, by contract or otherwise.
"Annual Facility Operating Plan" means the annual facility operating plan adopted
pursuant to Section 5.3.
"Agreement" means this Operation and Maintenance Agreement, as the same may be
modified or amended from time to time in accordance with its provisions.
"Applicable Law" means any federal, state or local laws, regulations, codes, judgments,
orders, and PJM requirements applicable to the operation of generation_. Permits, licenses or
government approvals as may be applicable to the Facility, Owner or NAES.
2
Paj 76
"Bankruptcy" means a situation in which (i) a Person files a voluntary petition in
bankruptcy or is adjudicated as bankrupt or insolvent, or files any petition or answer or consent
seeking any reorganization, arrangement, moratorium, composition, readjustment, liquidation,
dissolution or similar relief for itself under the present or future applicable Federal, state or other
statute or law relative to bankruptcy, insolvency or other relief for debtors, or seeks or consents
to or acquiesces in the appointment of any trustee, receiver, conservator or liquidator of such Person
or of all or any substantial part of its properties (the term "acquiesce," as used in this definition,
includes the failure to file a petition or motion to vacate or discharge any order, judgment or decree
within fifteen (15) days after entry of such order, judgment or decree); (ii) a court of competent
jurisdiction enters an order, judgment or decree approving a petition filed against any Person
seeking a reorganization, arrangement, moratorium, composition, readjustment, liquidation,
dissolution or similar relief under the present or any future Federal bankruptcy act, or any other
present or future Applicable Law relating to bankruptcy, insolvency or other relief for debtors, and
such Person acquiesces and such decree remains unvacated and unstayed for an aggregate of sixty
(60) days (whether or not consecutive) from the date of entry thereof, or a trustee, receiver,
conservator or liquidator of such Person is appointed with the consent or acquiescence of such
Person and such appointment remains unvacated and unstayed for an aggregate of sixty (60)
days, whether or not consecutive; (iii) a Person admits in writing its inability to pay its debts as
they mature; (iv) a Person gives notice, to any Governmental Authority of insolvency or pending
insolvency, or suspension or pending suspension of operations; or (v) a Person makes a general
assignment for the benefit of creditors or takes any other similar action for the protection or benefit
of creditors (other than in the ordinary course of such party's business).
"Budget" means a budget adopted pursuant to Section 5.3 .
"Business Day" means any day on which commercial banks in the location of the Facility
are authorized to be open for business.
"CMMS" means the computerized maintenance management system utilized by NAES at
the Facility.
"Confidential Information" has the meaning set forth in Section 12.1.
"Dispute" has the meaning set forth in Section 14. 7.1 .
"Due Date" means, with respect to any NAES invoice, the date that is thirty (30) days
following the date on which NAES submits the invoice to Owner, except for charges that are
disputed pursuant to Section 7.4 hereof, in which case the Due Date is thirty (30) days following
the date of the final resolution of the dispute.
"Effective Date" means the date first above written.
"Emergency" means an event or act that is imminently likely to (i) endanger persons; (ii)
damage, destroy, or cause a loss of all or any portion of the Facility; or (iii) damage, destroy, or
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cause a material adverse effect on the integrity or security of, the Owner's electric distribution
system; or (iv) an emergency declared by PJM.
"Energy Manager" means an entity appointed by Owner as its agent to perform strategic
dispatch of the Facility, and acquire fuel and other products necessary to serve Owner's distribution
load.
"Environmental Law" means any federal, state or local statute, rule, regulation, order,
code, Permit, directive or ordinance and any binding judicial or administrative interpretation or
requirement pertaining to (i) the regulation and protection of health, safety, and the indoor or
outdoor environment; (ii) the conservation, management, development, control or use of land,
natural resources, or wildlife; (iii) the protection or use of surface water and ground water; (iv)
the management, manufacture, possession, presence, use, generation, transportation, or handling
of, or exposure to any Hazardous Material; or (v) pollution (including release of any hazardous
substance to air, land, surface water and ground water).
"Expiration Date" means May 31, 2020, or the last day of any Extended Term, as the case
maybe.
"Extended Term" has the meaning set forth in Section 8.1.
"Extra Work" has the meaning set forth in Section 7.2(x).
"Extraordinary Item" means any purchase order or contract for services issued by
NAES on behalf of Owner in an amount greater than Twenty-five Thousand Dollars ($25,000) or
an annual blanket purchase order or service contract or multiple purchase orders or service
contracts with the same party that NAES reasonably anticipates will exceed Twenty-five Thousand
Dollars ($25,000) during an Operating Year.
"Facility" means the McKee Run and VanSant 11 power generation facilities, collectively,
located in Dover, Delaware, and includes all electrical or thermal devices and related structures
and connections (up to the points of interconnection identified in Appendix C) that are located at
the Site and used for the production of power for the benefit of Owner, all as more fully described
in Appendix C.
"Facility Agreements" means this Agreement, the Interconnection Agreement, the Fuel
Acquisition Agreements, the PJM Agreement, applicable equipment maintenance agreements in
effect or entered into from time to time by Owner, and equipment contracts with regard to
warranties and equipment design and specifications and portions of the Financing Agreements, if
any, relevant to this Agreement.
"Facility Manuals" means Facility equipment manuals, system descriptions, system
operating instructions, equipment maintenance instructions and pertinent design documentation
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created by the Persons that constructed the Facility or manufactured its equipment, to the extent
provided to NAES by Owner pursuant to Section 4.4.1.
"Financing Agreements" means any and all loan agreements, notes, bonds, indentures,
security agreements, registration or disclosure statements, subordination agreements, mortgages,
deeds of trust, participation agreements and other documents relating to the construction, interim
and long-term financing for the construction, operation and maintenance of the Facility and any
refinancing thereof (including a lease pursuant to which Owner is the lessee of the Facility)
provided by the Lenders, including any and all modifications, supplements, extensions, renewals
and replacements of any such financing or refinancing.
"Force Majeure Event" has the meaning set forth in Section 14.6.1.
"Fuel" means natural gas and fuel oil.
"Fuel Acquisition Agreements" means, collectively, all agreements as shall be in effect
from time to time between Owner and any other entity for the supply or delivery of Fuel to the
Facility.
"Governmental Authority" means any federal, state, local or foreign governmental
department, commission, board, bureau, authority, agency, court, instrumentality or judicial or
regulatory body or entity.
"Hazardous Materials" means (a) any petroleum or petroleum products, radioactive
materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation,
and transformers or other equipment that contain dielectric fluid containing polychlorinated
biphenyl's ("PCBs"); (b) any chemicals, materials or substances that are now or hereafter become
defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous
materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances,"
"toxic pollutants," "pollution," "pollutants," "regulated substances," or words of similar import
under Applicable Law; or (c) any other chemical, material, substance or waste declared to be
hazardous, toxic or polluting material by any Governmental Authority, exposure to which is now
or hereafter prohibited, limited or regulated by any Governmental Authority.
"Home Office Personnel" means the Project Manager and such other employees of NAES
who are engaged in the provision of the Services, except for Site Personnel.
"Initial Term" has the meaning set forth in Section 8.1.
"Interconnection Agreement" means the agreement dated September 12, 2004 by and
between Owner and Delmarva Power & Light Company, as the same may be modified or amended
from time to time in accordance with its terms.
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"Late Payment Rate" means the Prime Rate plus 1% of interest per annum as published
in the Wall Street Journal, Credit Markets & Commodities, "Money Rates," Prime Rate.
"Lender" means any entity or entities providing financing or refinancing under the
Financing Agreements in connection with construction or permanent financing for the Facility, and
their permitted successors and assigns.
"Liabilities" has the meaning set forth in Section 10.1.
"Management Fee" means for each Operating Year during the Term, the amounts set forth
in the table below:
Operating Year Management Fee
2015-2016 $797,304
2016-2017 $781,287
2017-2018 $792,633
2018-2019 $815,289
2019-2020 $838,631
"Maximum Performance Adjustment" means for each Operating Year during the Term, the
amounts set forth below:
Operating Year Maximum Performance
Adjustment
2015-2016 $532,304
2016-2017 $509,587
2017-2018 $514,043
2018-2019 $529,613
2019-2020 $545,667
"NAES" has the meaning set forth at the beginning of this Agreement and includes its
successors and permitted assigns hereunder.
"NAES Indemnitees" has the meaning set forth in Section 10.2.
"NAES Proprietary Information" has the meaning set forth in Section 13.3.
"O&M Manuals" means the operating procedures and Facility systems descriptions,
maintenance procedures, training, safety, chemistry and environmental manuals, together with
the documents and schedules described in such manuals.
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"Operating Costs" has the meaning set forth in Section 7.3.1.
"Operational Phase" means that period during the Term starting on the Effective Date and
ending with the termination of this Agreement.
"Operational Phase Services" means those Services to be performed by NAES during the
Operational Phase, as described in Section 3 .1 and listed in Appendix A.
"Operating Year" means the period that commences on July 1 and ends on June 30 of the
next calendar year, or such earlier date that this Agreement is terminated during any such Operating
Year.
"Owner" has the meaning set forth at the beginning of this Agreement and includes
Owner's successors and permitted assigns hereunder. The Owner may be represented by the
Owner's Representative as described in Section 5.2.
"Owner Indemnitees" has the meaning set forth in Section 10.1.1.
"Owner's Representative" has the meaning set forth in Section 5.2.
"Party" means a party to this Agreement and "Parties" means, collectively, both Parties
to this Agreement, unless the context clearly requires a different construction.
"Performance Adjustment" has the meaning set forth in Section 7.7.
"Permit" means any permit, license, consent or approval that is required for the operation
or maintenance of the Facility or the performance of any Service and includes Permits required
under Environmental Laws.
"Person" means any Party, individual, partnership, corporation, association, limited
liability company, business trust, government or political subdivision thereof, governmental
agency or other entity.
"PJM" means PJM Interconnection, LLC, its successors and assigns.
"Plan" means a plan adopted pursuant to Section 5.3.
"Plant Manager" has the meaning set forth in Section 5.1.2.
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"Pollution and Contamination" means any ground or air pollution caused by NAES in
violation of Environmental Law. "Pollution and Contamination" includes Hazardous Materials
present on the Site on July 1, 2006 that are not managed by NAES thereafter in accordance with
Environmental Law.
"Pre-existing Pollution and Contamination" means (i) ground or air pollution caused by
Owner in violation of Environmental Law; or (ii) any Hazardous Material present at the Site on the
Takeover Date or brought to the Site thereafter by the Owner.
"Project Manager" has the meaning set forth in Section 5.1.1 .
"Prudent Operating and Maintenance Practices" means those practices, methods and acts
generally employed in the power generation industry that at the particular time in question, in the
exercise of reasonable judgment in light of the facts known at the time the decision in question was
being made, would have been expected to accomplish the desired result of such decision consistent
with the goals established in a Budget and Plan, and the requirements of Applicable Law. With
respect to NAES, Prudent Operating and Maintenance Practices are not limited to the optimum
practices, methods or acts to the exclusion of all others, but rather include a spectrum of
possible practices, methods or acts commonly employed in the power generation industry,
including taking reasonable actions to provide (i) adequate materials, resources and supplies, to the
extent within the control of NAES and available to meet Facility needs; (ii) a sufficient number of
operators who are available and adequately trained to operate the Facility; and (iii) the timely
performance of preventive, routine, and non-routine maintenance and repairs, as exemplified and
generally described in Appendix A, subject, in all cases, to the limitations on NAES's authority
and duties as set forth in this Agreement.
"Rated Capacity" means the capacity of the Facility, expressed in megawatts for various
Site ambient conditions, as the same shall be adjusted for degradation and actual equipment
performance, from time to time, by agreement of NAES and Owner in good faith pursuant to
protocols in the Administrative Procedures Manual.
"Reimbursable Costs" has the meaning set forth in Section 7.2.
"Services" means all the work to be performed by NAES as described or referenced in
Article III and listed in Appendix A.
"Site" means the land on which the Facility is situated, as more fully described m
Appendix E.
"Site Personnel" has the meaning set forth in Section 3.6.1.
"Standards of Performance" has the meaning set forth in Section 3.5.
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"Term" means the Initial Term together with any Extended Term.
"Termination Payment" has the meaning set forth in Section 8.2.
"Termination Transition Period" has the meaning set forth in Section 8.5.
"U.S. Dollars" or "Dollars" means United States Dollars, the lawful currency of the
United States of America.
ARTICLE III - RESPONSIBILITIES OF NAES
NAES will perform the Services listed in Appendix A, in order to operate and maintain the Facility
on behalf of Owner. This Article III sets forth the processes, limitations and standards applicable
to NAES's performance of the Services.
3.1 Operational Phase. During the Operational Phase, NAES will have day-to-day
operational control over the Facility and will perform the Operational Phase Services.
3.2 Procurement.
3.2.1 General. Subject to a Budget and Plan, NAES will procure goods,
services, consumables, parts, tools, and equipment as needed from time to time for the operation
and maintenance of the Facility consistent with the Administrative Manual Procurement, "AMP
501", as amended and updated. NAES will nominate, subject to Owner's written approval,
responsible Persons from among the Site Personnel to sign purchase orders on behalf of Owner;
provided, however, that such purchase orders will be signed in the name of Owner, and will be
for the exclusive benefit of Owner and the Facility. NAES will negotiate with vendors from
standard terms and conditions that are set forth in the Administrative Procedures Manual, including
reasonable warranties in favor of Owner. NAES will utilize AMP 501 purchasing procedures
except when (i) the cost of conducting a competitive bidding process is likely to outweigh the
potential savings it would produce; (ii) the goods, consumables, parts, tools, and equipment are
not available from more than one vendor; (iii) purchases are required to respond to an
Emergency; or (iv) such other purchasing procedures are likely to result in a price as low or
lower than that resulting from competitive bidding. NAES shall consult with Owner, provide a
complete explanation and rationale, and disclose all aspects of the transaction whenever, in its
opinion exceptions (i), (ii), or (iii) apply. NAES may contract with one or more subcontractors to
perform any part, but not all, of the Services, but any such subcontract shall not relieve NAES of
any of its obligations under this Agreement or create any relationship between Owner or the
subcontractor.
3.2.2 Non-Budgeted Items. Operator will not exceed the overall total spending
approved in a Budget without prior written approval from Owner; provided, however, that
subject to Section 3.13 hereof, no such approval by Owner is required if, in NAES's
reasonable judgment, such purchases are required to address an Emergency.
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3.2.3 Extraordinary Items. Notwithstanding that a purchase is contemplated by
a Budget, NAES will obtain Owner's written approval prior to procurement of any Extraordinary
Item. Owner may elect to directly procure Extraordinary Items.
3 .2.4 Contract Administration. NAES will administer routine vendor
relations under purchase orders and contracts for service issued by NAES on behalf of Owner.
NAES will also perform those day-to-day operational tasks required under the Facility
Agreements, as requested by Owner, including communicating fuel supply requirements and
reporting power sales in accordance with Owner's written specifications. NAES will not be
deemed to have assumed any of Owner's contractual obligations under the Facility Agreements by
means of such performance.
3.2.5 Affiliate Contracts. If NAES intends to issue a purchase order to an
Affiliate of NAES, the costs of which are Operating Costs, the terms of any such purchase
order will be in accordance with normal commercial practice, at arm's length on such terms as
would be appropriate if the purchase order had been entered into with a Person other than an
Affiliate of NAES. All such purchase orders are subject to prior written approval by Owner.
3.3 Waste Management. In accordance with Applicable Law and subject to Section
3.15 hereof, NAES will collect, store and manage on the Site all wastes (including Hazardous
Materials) generated by the operation and maintenance of the Facility. NAES will coordinate
with third party waste transportation and disposal providers for the removal of wastes from the
Site by such third parties for disposal.
3.4 Rated Capacity. NAES will use its reasonable efforts to operate the Facility at its
Rated Capacity without unnecessarily decreasing its useful life or increasing the scheduled
maintenance of the Facility, unless otherwise directed by Owner or constrained by Prudent
Operating and Maintenance Practices, scheduled maintenance, insufficient fuel, restrictions of
operating Permits, a Force Majeure event, a Budget and Plan, or the limitations or condition of
the Facility (as degraded from time to time). In discharging its obligations under this Section
3.4, NAES will operate the Facility so as to comply with any applicable dispatch instructions of
the PJM or Owner (or any successor of either, or other Person identified by Owner in writing to
NAES as being authorized to provide dispatch instructions). In a situation not involving an
Emergency, in the event NAES receives conflicting dispatch instructions, NAES will follow the
dispatch instructions of Owner; provided, however, in the event of an Emergency, NAES will
follow the instructions of PJM. NAES will inform Owner of any Emergency action as soon as
reasonably practicable under the circumstances. NAES will give Owner prompt notice of
any inability to make deliveries of power or capacity, and of any outages. In case of any
interruption, curtailment or reduction in (i) supplies of fuel, or (ii) acceptance of energy or capacity
by PJM, or in case of any other constraint being imposed on NAES, NAES will promptly upon
such event or upon receipt of notice thereof, notify Owner thereof and of its plan to restore
operation and of any plan by the counter-party (where a Facility Agreement is involved) to
do so (if NAES has been notified thereof), and will upon removal of the constraint, use its
reasonable efforts to restore full Facility operation in accordance with this Section 3.4.
3.5 Standards for Performance of the Services. NAES will perform the Services in all
material respects in accordance with the following documents, which will be referred to in this
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Agreement as "Standards of Performance": (i) the O&M Manuals, (ii) the contractor,
manufacturer and vendor warranties and Facility Manuals provided by Owner to NAES, (iii) the
applicable Budget and Plan, (iv) all Applicable Laws, (v) Prudent Operating and Maintenance
Practices, (vi) insurer requirements delivered to NAES by Owner in writing, (vii) the requirements
in the Facility Agreements (as and to the extent provided to NAES) in accordance with Section 3.8
and (viii) this Agreement. Subject to the other provisions of this Agreement, NAES will perform
the Services and other obligations under this Agreement in a manner consistent with Owner's
directions. Actions taken (or not taken) by NAES pursuant to Owner's direction will be deemed
to be within the Standards of Performance, and NAES will have no liability for acting or refraining
to act in accordance with Owner's directions.
3.6 Personnel Matters.
3.6.1 General. NAES will provide and make available as necessary, in accordance
with the requirements of the Budget and Plan, all labor and professional, supervisory and
managerial personnel required to perform the Services. Such personnel will be qualified for the
duties to which they are assigned. All individuals employed by NAES in the performance of the
obligations under this Agreement and who are permanently assigned to the Facility (the "Site
Personnel") and "Home Office Personnel" will be employees of NAES or its Affiliates, and their
working hours, rates of compensation and all other matters relating to their employment will be
determined solely by NAES (subject to Owner's approval rights with respect to the Budget and
with respect to certain Site Personnel as provided in Sections 3.6.2 and 3.6.3). NAES will
retain sole authority, control and responsibility with respect to its employment policy and its
employees. No City employee is included in the Site Personnel. NAES will submit for Owner's
approval the staffing requirements for the Facility.
3.6.2 Selection of Plant Manager. NAES will submit its selection for Plant
Manager to Owner, who will have written approval over NAES's selection of such person.
3.6.3 Replacement of Plant Manager. NAES will inform Owner of its intent to
replace the Plant Manager. Prior to employment of the replacement Plant Manager, NAES will
obtain Owner's written approval.
3.6.4 Recognition of Union. NAES shall recognize the Union and shall enter
into good faith negotiations, taking into account the cost that staffing and operating the Facility has
on overall utility rates charged by the Owner, when negotiating a Collective Bargaining
Agreement.
3.6.5 Negotiating of a Collective Bargaining Agreement. NAES shall be
responsible for the labor agreement, including any extension and/or modification to the existing
agreement, however if any such negotiation results in a contingent or ongoing liability to the
City upon termination of NAES for any reason including expiration of this Agreement, such
obligation will be disclosed to and approved by the Owner prior to acceptance by NAES.
3. 7 Inventory. NAES will be responsible for proper maintenance, control and
storage of the inventory located at the Facility on the Takeover Date, and of all subsequently
procured inventory throughout the Term, and will be responsible, subject to Section 3.2, for
purchasing such additional inventory as NAES may determine to be necessary or appropriate from
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time to time. NAES is authorized to receive and store materials and supplies on behalf of Owner
that Owner directly purchased.
3.8 Compliance with Facility Agreements. NAES will abide by the requirements of
the Facility Agreements as delivered to NAES, and will otherwise cooperate in good faith with and
assist Owner in complying with all material terms contained in such Facility Agreements, in each
case to the extent related to the performance of the Services. NAES will incorporate any
requirements contained in Facility Agreements, as needed, into the Administrative Procedures
Manual. This Section 3.8 will not be deemed to make NAES a party to the Facility Agreements
or to impose any obligations on NAES under the Facility Agreements. NAES will not be charged
with knowledge of the form or content of any Facility Agreement unless and until it has been
provided to NAES by Owner.
3.9 Permits. NAES will obtain Permits required by Applicable Law to be in NAES's
name. NAES will supply data and other information to support Owner's efforts to secure and
maintain in effect all Permits in Owner's name. All environmental Permits (whether relating to
Hazardous Materials or otherwise) will be solely in the name of Owner. NAES will assist Owner
in securing renewals or replacements of all environmental Permits by supplying data and
information to Owner with regard to the operation and maintenance of the Facility.
3.10 Compliance with Applicable Laws. NAES will comply with all Applicable
Laws. NAES will notify Owner immediately upon becoming aware of any actual or potential non-
compliance and will cooperate with Owner to remedy such non-compliance. To alert Site
Personnel to compliance issues, NAES will insert appropriate procedures in the O&M
Manuals, including procedures related to safety and environmental matters, and will conduct
regular training sessions on compliance issues for Site Personnel. NAES will conduct all
inspections or tests required by Applicable Law.
3.11 Operating Records and Reports. NAES will prepare and maintain in good
order at the Site operating logs, records and reports documenting the operation and maintenance
of the Facility. Such operating data will include meter, gauge and monitoring readings,
maintenance records, fuel records, and other information required for compliance with the
Standards of Performance. NAES will also compile and maintain such information, reports and
data related to NAES's management of any wastes and Hazardous Materials located at the Site as
required to comply with Environmental Laws. All operating data, reports, records, and other
information that may be submitted to any Governmental Authority by NAES on behalf of Owner
will be transmitted to Owner where possible prior to filing and in any event contemporaneously
with such filing. Records and reports shall be maintained at the Facility and no records and reports
shall be removed or destroyed without the prior written consent of the Owner.
3.12 No Liens or Encumbrances. NAES will keep and maintain the Facility free and
clear of all liens and encumbrances resulting from the personal debts and obligations of NAES or
the failure of NAES to perform its duties hereunder in accordance with the Standards of
Performance.
3.13 Emergency Action. In the event of an Emergency, NAES will take immediate
action to prevent or mitigate any damage, injury or loss threatened by such Emergency.
NAES will notify Owner of such Emergency within thirty minutes following the Emergency's
onset and will advise Owner about NAES 's response thereto. NAES will submit a report to Owner
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within 48 hours following the conclusion of the Emergency describing the cause of the Emergency
(if known), NAES's response, and any measures recommended by NAES to prevent the
Emergency's recurrence. NAES may expend such funds as necessary to respond immediately to
an Emergency, but will advise Owner of such expenditures and obtain Owner's approval of any
additional expenditures as soon as is reasonably practicable thereafter.
3.14 O&M Manuals. NAES will maintain, review, and submit to Owner for approval
recommendations for changes to the O&M Manuals when NAES deems any changes are
advisable. If Owner submits to NAES proposed revisions or updates to the O&M Manuals, NAES
will, within thirty (30) days of receipt, submit written comments thereon to Owner, and thereafter
the Parties will negotiate a final disposition of such proposal. The O&M Manuals will remain in
effect for the Term, subject to such revision, amendment or supplementation as may be either (i)
required to ensure continued compliance with Applicable Laws or the Standards of Performance,
or (ii) agreed in writing by the Parties. NAES will draft, certify and comply with a Spill Prevention,
Control, and Countermeasures Plan that is specific to the Facility.
3.15 Incorporated Services. The Services shall be deemed to include supplementary
matters either practical or essential to the efficient execution of the Services, whether those
supplementary matters are indicated by this Agreement, the Facility Agreements, or otherwise,
so long as such supplementary matters are not outside of the scope of Services and would not
otherwise materially and adversely affect NAES's obligations under this Agreement.
3.16 Site Procedures; Safety. NAES shall perform all Services in accordance with the
Site Procedures, including those relating to safety, security and fire prevention. NAES shall
establish and maintain a safety program designed so that the Services will be performed in a safe
manner and in accordance with all Applicable Laws governing safety.
3.17 PJM Tariffs/Rules. NAES acknowledges that it is familiar with PJM's tariffs and
other PJM system rules relating to the offering of the Facility into the PJM markets. NAES
further agrees that its performance of its obligations under this Agreement will comply in all
material aspects with these rules, and to exercise the degree of diligence required by Prudent
Operating and Maintenance Practices to assure that any data or information provided to the Owner
or the Energy Manager as to Facility availability, capacity and operating conditions are accurate
at the time made based upon the best information available and the analysis of such information.
NAES further agrees to: (i) perform its obligations under this Agreement, including the Services,
in a manner to avoid and/or minimize any and all market consequences, sanctions or penalties that
may result from the failure of the Facilities (or any portion thereof) to perform; (ii) comply with
PJM dispatch instructions to the extent such information is received from Owner or Energy
Manager; and (iii) provide Owner, Energy Manager and PJM such information as PJM reasonably
requests.
3 .18 Environmental Permits.
3.18.1 Air Permit. Owner is responsible for maintaining the air permit for the
Facility in accordance with the State of Delaware Title V Air Permitting Program as authorized
pursuant to Title V of the Clean Air Act, 42 U.S.C. 7651 et seq. NAES shall collect data, prepare
reports and oversee Facility compliance with the air permit.
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3.18.2 NPDES Permit. Owner is responsible for maintaining the wastewater
discharge permit for the Facility in accordance with the State of Delaware National Pollutant
Discharge Elimination System Permitting program as authorized pursuant to the Federal Water
Pollution Control Act, 33 U.S.C. 1251 et seq. NAES shall collect data, prepare reports and
oversee Facility compliance with the wastewater discharge permit.
3 .18.3 Environmental Monitoring and Reporting. NAES shall be responsible for
all environmental monitoring and reporting in connection with the Facility and the Site as required
by Applicable Law, including all Toxic Release Inventory reports and chemical inventory reports
required under the Emergency Planning and Community Right-to-Know Act, as codified in the
Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq.
3.19 Environmental Responsibility.
3 .19 .1 Title to, ownership of, and legal responsibility and liability for, any
and all Pollution and Contamination, other than Pre-existing Pollution and Contamination, shall
at all times remain with NAES.
3.19.2 NAES will, at NAES's sole expense and risk, take such action as may
be required to mitigate and correct the occurrence and effects of Pollution and Contamination.
Such actions include arranging for handling, storage, transportation, treatment and disposal of all
Pollution and Contamination. NAES will be solely responsible for obtaining a disposal site for
Pollution and Contamination. Operator will look to the disposal facility and/or transporter for
any responsibility or liability arising from improper disposal or transportation of Pollution and
Contamination. Owner will not have or exert any control over NAES in NAES's obligations or
responsibilities in the storage, transportation, treatment or disposal of any Pollution and
Contamination. NAES will complete and execute any forms or other documents necessary to
comply with any law or requirement of any Governmental Authority relating to the generation,
storage, handling, treatment, transportation, or disposal of Pollution and Contamination. In the
event that Owner executes or completes any such forms, Owner will be, and will be deemed to
have acted as, NAES's agent. For the avoidance of doubt, the foregoing liability of NAES does
not apply where NAES has managed Hazardous Materials on the Site in compliance with
Environmental Law, and delivered such Hazardous Materials to licensed third party providers of
transportation and disposal services, in which case title to, ownership of, and legal responsibility
for, any and all releases of such Hazardous Materials shall remain with Owner.
3.19.3 NAES will not dispose of any waste or Hazardous Materials on the
Site, nor will it bring any waste or Hazardous Materials from any other location for treatment,
storage, or disposal on the Site. NAES will be responsible for discharging waste or effluent from
the Site in violation of an applicable Permit.
3.19.4 NAES will not cut any trees, conduct any mining operations, remove
any sand, gravel or similar substances from the ground, commit waste of any kind, or in any
manner substantially change the contour or condition of the Site, except as required for
maintenance of the normal right of way and Facility maintenance and operation as contemplated
herein.
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3.19.5 In the event NAES discovers any historical, archeological,
architectural or other cultural artifacts, relics, remains or objects of antiquity at the Site, NAES will
immediately notify Owner before disturbing such artifacts, relics, remains or objects.
3.19.6 NAES will disclose fully to Owner in writing any operating changes,
spills, releases, contamination or other environmental condition that could lead to degradation of
the Site or violate any Applicable Law then in effect; any citations or warnings for violations of
any Applicable Law; and any other act or omission that could lead to liability under any law or
requirement of a Governmental Authority. NAES will inform Owner in writing within 24 hours
of the occurrence of any of the foregoing of the measures NAES has undertaken and proposes to
take and what other responses to address the situation and prevent its recurrence. Owner may
conduct a Phase 1 environmental review during the Term; NAES shall cooperate in such
environmental review.
3.19.7 Compliance with Environmental Laws. During the Term of this
Agreement, NAES shall cooperate and assist Owner with Owner's acquisition of data and
information, and preparation and filing with appropriate Governmental Authorities of any notices,
plans, submissions, or other materials and information necessary for compliance with applicable
Environmental Laws and the requirements of any Permits related to the Facility. All such
environmental reports shall be submitted by, and in the name of, Owner and not NAES. All costs
associated therewith, including the costs of any outside consultants, legal services, Governmental
Authority charges, sampling and remedial work, shall be paid by Owner as an Operating Cost.
Any action taken by NAES pursuant to any such applicable Environmental Law, including
proceedings and filings made in connection therewith, shall be undertaken, and any Home Office
Costs associated with any such compliance action shall only be incurred, by NAES with Owner's
prior consent, unless a Governmental Authority or Applicable Law requires NAES to incur such
costs and expenses prior to obtaining such consent.
3.19.8 Corrective Action. Nothing contained herein shall be construed as
requiring NAES to take any corrective action with respect to the operation, maintenance, use or
condition of the Facility unless (y) affirmatively and expressly directed in writing to so do by
Owner and appropriate funding is made available by Owner, or (z) affirmatively and expressly
directed to do so by a Governmental Authority, in order to comply with any Environmental Law,
in which case the cost of any corrective actions so undertaken shall be deemed an Operating Cost.
Owner shall serve as the "Responsible Official" for purposes of Clean Air Act permitting and
reporting, as "Designated Representative" for purposes of applicable environmental "Cap and
Trade" programs requiring such, including but not limited to Acid Rain Program, Clean Air
Interstate Rule or its replacement and Regional Greenhouse Gas Initiative, as applicable, and as
corporate responsible official for other environmental programs, permitting and reporting. NAES
and Owner agree (i) in the course of performing Services under this Agreement, neither NAES nor
any of its officers, directors, employees, agents, representatives or Affiliates (collectively, the
"NAES Parties") is, has been or will be asserted by Owner to be, nor will any such Person have
responsibility as, in each case before an environmental protection government agency, an
"operator" of the Facility for purposes of, and as that term is used in, Environmental Law; and (ii)
Owner shall not assert before any environmental protection governmental agencies that a NAES
Party is the operator of the Facility for purposes of Environmental Law. Owner agrees to use its
commercially reasonable efforts to take or cause to be taken all reasonable actions, to do or cause
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to be done and to assist and cooperate with NAES in doing all reasonable things to establish before
such environmental governmental protection agencies that no NAES Party is the "operator" of the
Facility.
3.20 Income Taxes. Notwithstanding any other provision of this Agreement, NAES
shall be responsible for and pay all income taxes and any withholding taxes or other taxes assessed
or based upon NAES 's corporate existence or income imposed directly or indirectly upon NAES.
3 .21 Daily and Monthly Operations Reports. Each day during the Operational Phase,
Operation will prepare and deliver an operation report to Owner (in a form approved by Owner)
that summarizes the Services performed by NAES during the immediately preceding day. Upon
Owner's request, each month during the Operational Phase, NAES will prepare and deliver to
Owner an operation report (in a form approved by Owner) summarizing the Services performed by
NAES during the immediately preceding month.
ARTICLE IV - ITEMS TO BE FURNISHED BY OWNER
4.1 General. Owner expressly reserves the authority to make, and will make, such
business and strategic decisions as it deems appropriate from time to time in reference to the
operation and maintenance of the Facility. Owner will furnish to NAES, at Owner's expense, the
information, services, materials and other items described in this Article IV. All such items will
be made available at such times and in such manner as may be reasonably required for the
expeditious and orderly performance of the Services by NAES.
4.2 Information. Owner will provide to NAES copies of all Facility Agreements and
any modifications or additional Facility Agreements promptly after execution of Facility
Agreements, as well as copies of all technical, operational and other Facility information
reasonably available to Owner or in Owner's possession and supportive of NAES' s performance
of the Services. Subject to the Standards of Performance, NAES will be entitled to rely upon any
information provided by Owner or any of the other parties to the Facility Agreements in the
performance of the Services.
4.3 Access to Facility. Owner will provide NAES unlimited access to the Facility and
the Site as required to provide the Services.
4.4 Other Owner Supplied Items. Owner agrees to make, or cause to make, available
to NAES the following items:
4.4.1 Facility Manuals. Owner will provide, or cause to be provided, the master
copies of the Facility Manuals to NAES for use in development of the O&M Manuals. Thereafter,
Owner will provide any updates to the Facility Manuals received from equipment manufacturers
to NAES and NAES shall incorporate them into the O&M Manuals.
4.4.2 Fuel; Water; Stand-by Electricity. Owner will furnish and deliver, or
arrange to furnish and deliver, to the Facility fuel, water and stand-by electricity.
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4.4.3 Spare Parts and Supplies. Owner will provide and furnish, or cause to be
provided and furnished, to NAES an inventory of spare parts and supplies as necessary for NAES
to perform the Services and fund additional purchases as set forth in a Budget.
4.4.4 Instructions, Approvals. Owner will provide or cause to be provided to
NAES all instructions NAES is required to obtain in accordance with this Agreement. Owner
will not unreasonably withhold approvals required by this Agreement. Owner will not direct
NAES to take any action inconsistent with Applicable Law or otherwise adversely affecting the
safety, health or protection of, or otherwise endangering any persons or property located at or about
the Facility.
4.4.5 Budgeting. Owner shall make timely and commercially reasonable
budgeting decisions to permit the Facility to operate safely and in accordance with Applicable Law
and to permit NAES to perform its obligations hereunder.
4.5 Facility Agreements. Owner will administer (except to the extent certain day-to-
day operational tasks have been delegated to NAES under Section 3.2.4) and comply with the
Facility Agreements. Owner will provide NAES written notice of any changes to requirements
under the Facility Agreements or a copy of any agreement replacing any Facility Agreement.
4.6 Permits. Owner will obtain from the appropriate Governmental Authorities, all
Permits for the ownership, operation and maintenance of the Facility other than Permits required
by Applicable Law to be in the name of NAES.
ARTICLE V -REPRESENTATIVES, BUDGETS AND REPORTS
5.1 Representatives of NAES.
5 .1.1 Project Manager. NAES has appointed a "Project Manager" from its Home
Office Personnel who will be authorized to represent NAES with Owner concerning NAES's
performance of the Services. The Project Manager will also supervise the Home Office Personnel
in supporting the Site Personnel. NAES is bound by the written communications, directions,
requests and decisions made by the Project Manager. NAES will notify Owner in writing of the
identity of the Project Manager, and of any successors.
5.1.2 Plant Manager. NAES has appointed an individual (the "Plant Manager"),
subject to approval of Owner as provided in Section 3.6.2, who will be one of the Site Personnel
and who will direct and manage NAES's Site Personnel with full responsibility for the performance
of all of the Services. For issues arising out of the day-to-day administration of the Operation
Phase Services, the Plant Manager may communicate directly with Owner. Neither the Project
Manager nor the Plant Manager has any authority to modify this Agreement.
5.2 Representatives of Owner. On or before the Effective Date, Owner shall appoint
( i) an "Energy Manager" who shall be authorized and empowered to act for and on behalf of Owner
on matters concerning the dispatch, scheduling, and fuel acquisition related to the administration
of this Agreement; and (ii) an "Owner's Representative" who shall be the on-site person for budget,
asset and property management (excluding the responsibilities assigned to the Energy Manager),
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and Owner's other obligations hereunder. In matters delegated to the Energy Manager or Owner's
Representative, Owner shall be bound by the written communications, directions, requests and
decisions made by the Energy Manager and Owner's Representative. Owner shall notify NAES
in writing upon the appointment of the Energy Manager, Owner's Representative, and their
successors.
5.3 Plans and Budgets.
5.3.1 Adoption.
5 .3 .1.1 Process. On a date no later than the last day of January of every
calendar year, NAES will submit to Owner a proposed budget and plan with respect to the Services
(the "Budget" and the "Plan"). Each Budget will be structured on a monthly basis and will be
a projection, in detail reasonably acceptable to Owner, of all Operating Costs and Reimbursable
Costs to be expended in the performance of the Services. Each Plan will state the assumptions
upon which the related Budget is based and the implementation plans for the Services, including:
(i) anticipated operations and repairs, (ii) routine maintenance and overhaul schedules (including
planned major maintenance), (iii) procurement, (iv) staffing, personnel and labor activities, (v)
administrative activities, (vi) capital improvements, (vii) other work proposed to be undertaken
by NAES, and (viii) a contingency for unplanned projects. Owner will review each proposed
Budget and Plan as promptly as possible and may, by written request, require changes, additions,
deletions and modifications. Owner and NAES will then meet and use reasonable efforts to agree
upon a final Budget and Plan prior to the commencement of the applicable period. Each final
Budget and Plan will remain in effect throughout the applicable period, subject to updating,
revision and amendment proposed by either Party and consented to in writing by the other Party.
5.3.1.2 Adjustments. If either Party becomes aware of facts or
circumstances that it believes necessitate a change to a Budget or Plan, that Party will
immediately notify the other Party, specifying the impact upon the Budget and the reasons for
the change. The Project Manager, Plant Manager, or his designee will then discuss appropriate
changes to such Budget with the Owner's Representative.
5.3.1.3 Failure to Agree. The Parties acknowledge that it is necessary that
Owner retain ultimate authority with respect to expenses incurred for operation of the Facility.
Accordingly, NAES will accept each Budget as finally determined by Owner. If Owner does not
authorize funds as requested by NAES, NAES will be relieved from providing the specific Services
that have not been funded, provided that NAES delivers a written report to Owner that describes
the reasons why NAES believes each disputed expense that NAES requested to be included in a
Budget (or any request for modifications to a Budget pursuant to Section 5.3.1.2) is prudent.
5.3.2 Notification of Variance. NAES will submit a monthly report to Owner
comparing the actual Operating Costs and Reimbursable Costs incurred during the current
Operating Year with the projected Operating Costs and Reimbursable Costs projected in each line
of the Budget. If, at any time during an Operating Year, NAES becomes aware that the
aggregate of all Operating Costs or Reimbursable Costs exceeds or will exceed the amount
provided in the applicable Budget or that the Facility is operating with any material deviations or
discrepancies from the projections contained in the applicable Plan, NAES will promptly so notify
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Owner. NAES will make no expenditures that exceed a Budget unless Owner grants prior written
approval, except as otherwise permitted in response to an Emergency.
5.4 Availability of Operating Data and Records. NAES will make data prepared and
maintained by NAES available to Owner (i) pursuant to requirements in any Facility Agreement
or the Administrative Procedures Manual, or (ii) upon any request by Owner, on the Business Day
following such request.
5.5 Accounts and Reports. NAES will assist Owner in complying with Owner' s
reporting requirements with regard to Governmental Authorities or counterparties to Facility
Agreements, and will furnish or cause to be furnished to Owner certain reports regarding the
Services and the performance of the Facility as defined by Owner and NAES.
5.6 Notices. Upon obtaining actual knowledge thereof, each Party will submit prompt
written notice to the other Party of the following, to the extent relating to the Facility or the
Services:
(a) Litigation and Permit Lapses. (i) Any litigation, claims, disputes, or
actions filed in any way concerning the Facility, the Site, the Facility Agreements or the
Services; (ii) any actual refusal to grant, renew or extend, or any action filed with respect to the
granting, renewal or extension of, any Permit; (iii) all penalties or notices of violation issued by
any Governmental Authority; (iv) any dispute with any Governmental Authority that may have a
material adverse effect on the operation and maintenance of the Facility; and (v) with respect to
the matters identified in clauses (i), (ii), (iii) or (iv), any threats of such matters, which matters may
have a material adverse effect on the ownership, operation or maintenance of the Facility;
(b) Casualty. Any material damage or destruction to the Facility;
(c) Supplier Issues. The Parties shall promptly notify each other in the event
of any issues such as non-delivery or nonperformance of any suppliers;
(d) Unscheduled Outages. NAES will notify Owner verbally of any unscheduled
outage of all or any portion of the Facility as soon as is as reasonably possible (but in all cases
within two hours) following commencement of the outage. Within fifteen days following the
conclusion of such unscheduled outage, NAES will submit a report to Owner describing the cause
of the outage (if known), NAES's response, and the measures, if any, undertaken by NAES to
prevent the outage's recurrence; and,
(e) Community Complaints. The Parties shall promptly notify each other of
any complaint received by the surrounding community.
5.7 Scheduled Outage Plan. NAES shall prepare and deliver to Owner by no later
than first day of the fourth week of January a scheduled outage plan which sets forth the
anticipated Scheduled Outages for the entire or part of the Facility ("Scheduled Outage Plan").
To the extent possible, Scheduled Outages shall be performed during non-peak seasons and
comply with PJM Rules.
5.8 Reporting to Governmental Authorities. Unless otherwise directed by Owner or
as set forth in Section 3.20, NAES shall prepare and file all reports with Governmental Authorities
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as may be required in connection with the management, operation and maintenance of the Facility
and the provision of the Services, and shall provide drafts of each such report to Owner for Owner's
review and comment, where possible, prior to filing and, in any event, contemporaneously with
such filing. Such reports shall be complete and accurate.
ARTICLE VI- LIMITATIONS ON AUTHORITY
6.1 General Limitations. NAES has no authority to make policies or decisions with
respect to the overall operation of the Facility as a commercial enterprise; such matters will be
determined by Owner. Notwithstanding any provision in this Agreement to the contrary, unless
previously approved in a Budget and Plan or otherwise approved in writing by Owner, NAES will
not (and will not permit any of its agents or representatives to):
6.1. l Disposition of Assets. Sell, lease, pledge, mortgage, encumber, convey, or
make any license, exchange or other transfer or disposition of the Facility, the Site or any other
property or assets of Owner, including any property or assets purchased by NAES, the cost of
which is an Operating Cost or a Reimbursable Cost;
6.1.2 Expenditures. Make any expenditure or acquire on an Operating Cost or a
Reimbursable Cost basis any goods or services from third parties, except in substantial
conformity with a Budget or as authorized by Owner, or consent or agree to do any of the
foregoing; provided, however, that in the event of an Emergency, NAES, without approval
from Owner, is authorized to take all reasonable actions to prevent or mitigate such threatened
damage, injury or loss in accordance with Section 3 .13;
6.1.3 Other Actions. Take or agree to take any other action or actions that,
individually or in the aggregate, materially varies from the applicable Budget and Plan;
provided, however, that in the event of an Emergency, NAES, without approval from Owner, is
authorized to take all reasonable actions to prevent or mitigate such threatened damage, injury or
loss in accordance with Section 3 .13;
6.1.4 Lawsuits and Settlements. Settle, compromise, assign, pledge, transfer,
release or consent to the compromise, assignment, pledge, transfer or release of, any claim, suit,
debt, demand or judgment against or due by Owner or NAES, the cost of which, in the case of
NAES, would be an Operating Cost or a Reimbursable Cost hereunder, or submit any such claim,
dispute or controversy to arbitration or judicial process, or stipulate in respect thereof to a
judgment, or consent to the same; or
6.1.5 Prohibited Transactions. Engage in any other transaction on behalf of
Owner not permitted under this Agreement.
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ARTICLE VII - COMP EN SA TION AND PAYMENT
7.1 General. As compensation to NAES for the performance of the Services hereunder,
Owner will pay NAES, in the manner and at the times specified in this Article 7, all Reimbursable
Costs, Operating Costs and the Management Fee, as applicable, all as further described below.
7 .2 Reimbursable Costs. Subject to the applicable Budget, Owner will reimburse NAES
for the following costs incurred by NAES in performing the Services (the "Reimbursable Costs"):
(i) reasonable relocation and recruitment expenses for NAES's Site_Personnel; (ii) costs incurred
in response to an Emergency; (iii) gross receipts taxes; (iv) insurance maintained by NAES in
accordance with Section 9.1, (v) training of Site Personnel to improve operator skills, Facility
performance, PJM compliance, and safety conducted on-Site or off-Site and associated travel and
living expenses; (vi) third party advisors, consultants, attorneys, accountants and contractors
providing work in support of the Services that cannot reasonably be performed by Site Personnel;
(vii) Permit fees for Permits required for NAES or Site Personnel to perform Services; (viii) labor
relations activities; (ix) Site Personnel wages, salaries, overtime, customary or required severance
payments, unemployment and disability insurance, payroll taxes imposed on wages and benefits,
worker's compensation costs and holidays, vacations, group medical, dental and life insurance,
defined contribution plans and other employee benefits; (x) time and expenses of NAES's Home
Office Personnel when providing the services described in Appendix A, Part III ("Extra Work") at
the applicable rates set forth in Appendix F; and (xi) any other reasonable cost designated by the
Parties as a Reimbursable Cost that is approved in a Budget pursuant to the terms of this
Agreement. In no event shall NAES add any mark-up to the Reimbursable Costs.
On or before the tenth (10 1h) Business Day of each month, NAES will invoice Owner for
Reimbursable Costs. All Reimbursable Costs shall be invoiced in arrears except for those defined
in Section 7.2(ix), which shall be paid by Owner to NAES in advance ofNAES ' s payments to Site
Personnel. The invoice will be supported by receipts or other appropriate documentation. Owner
will make payment to NAES of the invoiced amount no later than the Due Date.
7.3 Operating Costs.
7.3.1 Definition. "Operating Costs" include the following: (i) equipment, material,
supplies, consumables, spare parts, replacement components, tools, office equipment and supplies
and utilities used at the Facility Site; and (ii) any other purchase that NAES makes in accordance
with Section 3 .2 of this Agreement and that is approved in a Budget pursuant to the terms of this
Agreement.
7.3.2 Payment Process. NAES shall receive, review, and confirm vendor invoices,
then transmit them to Owner for direct payment by Owner to vendor. NAES shall transmit such
invoices in a timely manner sufficient to enable Owner to make such payments when due. Owner
shall permit NAES' s Site Personnel limited access into Owner's accounting system (HT E) or
provide NAES with accounts of payments made, sufficient to support NAES's ability to
manage the budget for the Facility and to conduct budget variance analysis.
7.4 Disputes. Should Owner contest the validity, reasonableness or accuracy of any
NAES invoice, Owner shall notify NAES in writing within ten days after receipt of such invoice,
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explaining in detail the reasons for its contest. If Owner disputes only part of a statement
submitted to it for payment, then it shall pay to NAES the undisputed portion of such statement
in accordance with Sections 7.2 and 7.3.2 and notify NAES in writing of the amount disputed in
accordance with Section 14. 7. All such disputes shall be resolved pursuant to Section 14. 7.
7.5 Cost Audit. No payment made pursuant to the foregoing provisions shall be
considered as approval or acceptance of an invoice, and Owner shall remain entitled to conduct
a subsequent audit and review of NAES's records with respect to all Reimbursable Costs
together with any supporting documentation for a period of two (2) years from and after the date
of the applicable payment. If, pursuant to such audit and review, it is agreed that any amount
previously paid by NAES was not properly incurred as a Reimbursable Cost, NAES will credit
such amount to Owner in the next subsequent invoice.
7.6 Management Fee. As compensation to NAES for the performance of the
Operational Phase Services, Owner shall pay to NAES the Management Fee, which shall
include the routine Horne Office Personnel services described in Appendix A, Part II. The
Management Fee shall be paid in monthly installments of one-twelfth (1/12) of such fee. On or
before the tenth (1 oth) Business Day of each month following the Effective Date, NAES shall
submit monthly invoices to Owner for payment of the Management Fee. Owner shall pay the
Management Fee no later than the Due Date for the applicable invoice. In the event that any of
the units located in the Facility other than Units 1 and 2 are declared to be no longer commercially
operational after 2018, the Parties will negotiate in good faith a reduction in the Management Fee
to reflect the reduced level of Services.
7.7 Performance Adjustment. During each Operating Year, the Management Fee is
subject to adjustment if NAES fails to meet the performance goals for the Facility defined in
Appendix B. NAES will submit its calculation of the Performance Adjustment, if any, to Owner
no later than February 1 following the Operating Year for which the payment is calculated together
with a statement showing the change in the amount due to be paid in the March invoice.
7.8 Late Payment. To the extent Owner or NAES fails to pay any amount required to
be paid under this Agreement by the Due Date, the unpaid amount will accrue interest each day
at the Late Payment Rate from the Due Date until such amount (plus accrued interest) is paid in
full.
ARTICLE VIII - TERM
8.1 Term. This Agreement is effective on the Effective Date and continues in effect
through June 30, 2020 (the "Expiration Date"). The period beginning on the Effective Date and
ending on the Expiration Date is the Initial Term. The Initial Term shall extend in increments
of additional one year terms (each an "Extended Term") until a Party notifies the other Party in
writing no later than (i) in the case of notice from NAES to Owner, twelve (12) months prior to
the Expiration Date (or the end of an Extended Term, as the case may be); or (ii) in the case of
notice from Owner to NAES, six (6) months prior to the Expiration Date (or the end of an Extended
Term, as the case may be), that this Agreement will not be extended.
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8.2 Termination by Owner. Owner is permitted to terminate this Agreement if any of
the following events occur: (i) Bankruptcy of NAES, (ii) payment default by NAES (other than a
disputed payment) that is not cured within ten (10) days after NAES has received notice of such
default, (iii) default by NAES in performance of its obligations under this Agreement that has a
material effect on operation of the Facility, provided, however, that NAES has up to sixty (60)
days after notice to cure the default or make substantial progress (in the reasonable opinion of
Owner) towards curing the default (but in no event to exceed ninety (90) days) or (iv) NAES incurs
the maximum liability under Section 11.2.2 for two (2) consecutive Operating Years. Within
thirty (30) days after the date of termination, Owner will pay NAES for Services rendered by
NAES through the termination date, including all Reimbursable Costs, and the Management
Fee, as applicable, and the Bonus, if any, earned through the date of termination but not paid
(collectively, all such amounts due NAES upon any termination are the "Termination Payment").
8.3 Termination by NAES. NAES is permitted to terminate this Agreement if any
of the following events occur: (i) payment default by Owner (other than a disputed payment) that
is not cured within ten (10) days after the Due Date for any invoice, or otherwise within thirty
(30) days after due hereunder; provided, however, that Owner has received notice of such default,
(ii) Bankruptcy of Owner, (iii) a sale or transfer of the Facility (other than any sale- leaseback
transaction undertaken as part of Owner's procurement of financing or the sale of the Facility to
any Affiliate of Owner or any other Person that, in either case, (x) has comparable creditworthiness
to Owner and (y) agrees in writing to be bound by all of the terms and provisions hereof
for the express benefit of NAES), or (iv) default by Owner of any other obligation under this
Agreement that has a material effect on NAES' s ability to perform the Services; provided,
however, that Owner shall have up to sixty (60) days to cure or make substantial progress (in the
reasonable opinion of NAES) towards curing such other default. In the event of a termination by
NAES under this Section 8.3, Owner shall pay to NAES the Termination Payment.
8.4 Transfer of Facility Cu tody. Upon expiration or termination of this Agreement,
NAES will leave all Facility documents and records, tools, supplies, spare parts, safety equipment,
O&M Manuals, and any other items furnished on an Operating Cost or a Reimbursable Cost basis
at the Facility, all of which will remain the property of Owner without additional charge. NAES
will execute all documents and take all other reasonable steps as may be reasonably requested
by Owner to assign to and vest in Owner all rights, benefits, interests and title in connection
with third party contracts, if any, NAES executed in its own name for the benefit of the Facility;
provided, however, that Owner assumes all liabilities arising under such contracts after the date of
assignment.
8.5 Services Upon Termination. Upon notice of termination of this Agreement by
either NAES or Owner, provided that Owner has not defaulted on any payment obligations of this
Agreement, Owner has the right to specify a period of transition (the "Termination Transition
Period") during which NAES will (i) continue to operate the Facility in accordance with this
Agreement, (ii) cooperate with Owner in planning and implementing a transition to any
replacement NAES, and (iii) use its reasonable efforts to minimize disruption of Facility operations
in connection with such activities. Owner will compensate NAES in accordance with this
Agreement during the Termination Transition Period. NAES will permit the new operator to hire
or to contract with the non-managerial Site Personnel that the new operator desires to retain at the
Facility. To facilitate employee transfer, NAES will permit the new operator to interview non-
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managerial Site Personnel in a manner and at times that do not interfere with NAES's
responsibility to perform the Services.
ARTICLE IX-INSURANCE
9.1 NAES Insurance. NAES will maintain throughout the Term the insurance set
forth below:
9 .1.1 Workers Compensation. Workers compensation insurance covering NAES's
employees as required by Applicable Law and employer's liability insurance with a limit of
$1, 000, 000 per occurrence/annual aggregate.
9.1.2 Automobile Liability. Automobile bodily injury, including coverage for
automobiles owned or hired by NAES with limits of not less than $1,000,000 per occurrence.
9.1.3 Commercial General Liability. Commercial general liability insurance
with limits of not less than $1,000,000 per occurrence/annual aggregate.
9.1.4 Excess Coverage. Excess liability insurance covering liability in excess of
the insurance described in Sections 9.1.1 (employers liability), 9.1.2 and 9.1.3. The policy will
have a limit of $35,000,000 per occurrence/annual aggregate.
9 .2 Owner Insurance. Owner will, prior to the date that notice to proceed is issued,
and throughout the Term hereof, secure and pay for and maintain or will cause to be secured and
maintained in effect during the operation of the Facility the following insurance:
9.2.l Property. Property insurance, including boiler and machinery insurance,
and business interruption insurance, in amounts determined in Owner' s sole discretion.
9.2.2 Workers Compensation. Workers Compensation insurance covering
Owner's employees as required by law and employer's liability insurance with a limit of
$1,000,000 per occurrence/annual aggregate.
9 .2.3 Commercial General Liability. Commercial general liability insurance
with limits of not less than $1,000,000 per occurrence/annual aggregate.
9.2.4 Automobile Insurance. Automobile liability insurance covering
automobiles owned or hired by Owner with limits of $1,000,000 per occurrence, and
collision/comprehensive coverage in amounts deemed appropriate by Owner.
9.2.5 Additional Coverage. Umbrella or excess liability insurance in excess of
the insurance described in Sections 9.2.2(employer's liability), 9.2.3 and 9.2.4 will be
carried with limits determined in Owner's sole discretion.
9.3 Waiver of Subrogation; Additional Insured. Owner agrees to waive any rights of
subrogation of its insurers against NAES and its Affiliates together with their respective officers,
directors, Affiliates and employees and each such Person will be an additional insured with respect
to all liability policies procured by Owner pursuant to this Agreement (other than workers
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compensation policies). NAES agrees to waive any rights of subrogation of its insurers against
Owner and Lenders together with their respective officers, directors, Affiliates and employees and
each such Person will be an additional insured with respect to all liability policies procured by
NAES pursuant to this Agreement (other than workers compensation policies). For the avoidance
of doubt, the Parties intend that each Party will have the maximum protection available to that
Party from the insurance policies owned by the other Party.
9.4 Form and Content. All insurance policies with respect to insurance maintained by
either Owner or NAES pursuant to this Article IX will:
9.4.l Insurer Rating. Be placed with insurance companies that have a Best's
rating of at least A-VII or with companies that are otherwise reasonably acceptable to Lenders,
Owner and NAES;
9.4.2 Claims-Made Form. If written on a claims made policy form, be
maintained with a retroactive date that is prior to the Effective Date for a period of at least two
(2) years following the last Operating Year in which such policy provides coverage under the terms
of this Agreement;
9.4.3 Primary Coverage. State that such policy (other than an excess policy) is
primary with respect to any other insurance coverage available to Owner or NAES or any
additional insured, and that all provisions, except the policy limits, will operate in the same manner
as if there were a separate policy covering such insured under each such policy;
9.4.4 Non-Recourse Premiums. Grant no recourse for payment of any premium
against NAES or any additional insured for insurance required to be furnished by Owner pursuant
to Section 9 .2 and no recourse for payment of any premium against Owner or any additional
insured for insurance required to be furnished by NAES pursuant to Section 9.1; and
9.4.5 Cancellation Notice. Provide that the insurer give ninety (90) days prior
written notice of cancellation of such policies unless cancellation is for non-payment of
premiums, in which case a minimum often (10) days' notice must be provided.
9.5 Certificates. Each Party will furnish the other Party with certificates evidencing
that the required insurance is in effect.
9.6 Deductibles. Each Party is liable for the payment of all deductibles on insurance
policies obtained by such Party pursuant to this Agreement, and, in the event of a claim under a
policy described in Section 9 .1 or 9 .2, each Party will look solely to its policies for
compensation. Owner will approve the deductibles under all policies provided by NAES under
Section 9.1.
ARTICLE X - INDEMNIFICATION
10.1 NAES Indemnification. NAES will indemnify and hold harmless Owner and its
Affiliates, and their respective officers, directors, employees, agents and representatives (the
"Owner Indernnitees") from and against, and no Owner Indernnitee will be responsible
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hereunder for, any and all claims, assertions, demands, suits, damages, judgments, losses,
obligations, liabilities, actions and causes of action, fees (including reasonable attorneys' fees and
disbursements), costs (including court costs), expenses, investigations, inquiries, administrative
proceedings, penalties, fines and sanctions (collectively, "Liabilities") sustained or suffered by any
Owner Indemnitee in connection with injury or death to third parties or loss of or damage to the
property of third parties, to the extent caused by NAES's negligent acts or omissions, willful
misconduct, violation of any Applicable Law or breach of any representation, warranty or covenant
in this Agreement. Any Liabilities paid by NAES pursuant to its indemnity obligation under
this Section 10.1 are not Reimbursable Costs.
10.2 Owner Indemnification. Owner will indemnify and hold harmless NAES and its
Affiliates, and their respective officers, directors, employees, agents and representatives (the
"NAES Indemnitees"), from and against, and no NAES Indemnitee will have responsibility
hereunder for, any and all Liabilities sustained or suffered by any NAES Indemnitee in connection
with injury or death to third parties or loss of or damage to property of third parties, to the extent
caused by Owner's negligent acts or omissions, willful misconduct, violation of any Applicable
Law or breach of any representation, warranty or covenant in this Agreement.
10.3 Violations of Applicable Law. NAES shall be responsible for the cost and
payment of all fines and penalties assessed against Owner or the Facilities that result from NAES' s
operation of the Facilities or performance of Services in violation of any Permits or Applicable
Law except (i) for opacity violations under the air Permit not caused by operator error, or
inadequate maintenance, (ii) to the extent such fines and penalties levied against Owner or the
Facilities result from NAES's compliance with a written instruction or direction from Owner.
NAES hereby irrevocably indemnifies, and agrees to defend and hold harmless, Owner, its
employees, agents and Affiliates from and against all claims, suits, actions, losses, liabilities and
damages, including all fines, costs, expenses, and attorneys' fees arising from or related to any
failure of NAES to comply with any Permit or Applicable Law (other than with respect to the
exceptions set forth above).
ARTICLE XI- LIABILITIES OF THE PARTIES
11.1 Limitations of Liability. Notwithstanding any provision in this Agreement to the
contrary, neither the Parties nor any of their respective members or shareholders, officers,
directors, agents, representatives or employees are liable for consequential or indirect loss or
damage, including loss of profit, cost of capital, loss of goodwill, increased operating costs or
any special or incidental damages. The Parties further agree that the waivers and disclaimers of
liability, indemnities, releases from liability and limitations ofliability expressed in this Agreement
will survive termination or expiration of this Agreement, and apply in all circumstances, whether
in contract, equity, tort or otherwise, regardless of the fault, negligence (in whole or in part),
strict liability, breach of contract or breach of warranty of the Party indemnified, released or whose
liabilities are limited, and shall extend to the partners, principals, directors, officers and
employees, agents and Affiliates of such Party, and the partners, principals, directors, officers,
and employees of such Affiliates.
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11.2 NAES's Total Aggregate Liability. Notwithstanding anything to the contrary in this
Agreement, the total aggregate liability of NAES to Owner for all Liabilities arising out of any
events occurring or claims made in connection with the performance of the Services under this
Agreement in any Operating Year, is Four Hundred Fifty Thousand Dollars ($450,000), provided,
however, that this limitation does not apply to any third party indemnity obligation of NAES arising
under Section 10. l. This limitation applies to indemnity obligations arising under Section
10.3 provided that the payment of a claim under a policy purchased by NAES pursuant to
Section 9.1 shall not be counted toward computing NAES ' s total aggregate liability for the
Operating Year. It is expressly understood and agreed that (i) the aggregate liability limitation
expressed in this Section 11.2 is separate from, and is not to be construed as limiting, the limits of
insurance and coverage described in Article IX. Any deductible amounts paid in any Operating
Year by NAES under Section 9 .6, or under the insurance policies NAES is required to maintain in
Section 9.1, count toward computing NAES's total aggregate liability for such Operating Year.
11.3 No Warranties or Guarantees. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES OR GUARANTEES TO
THE OTHER, EITHER EXPRESS OR Th1PLIED, WITH RESPECT TO THE SUBJECT
MATTER OF THIS AGREEMENT, AND BOTH PARTIES DISCLAIM AND WAIVE ANY
IMPLIED WARRANTIES OR WARRANTIES Th1POSED BY LAW, INCLUDING
MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.4 Exclusive Remedies. The remedies under this Agreement in respect of or in
consequence of (i) any breach of contract, (ii) any negligent act or omission, (iii) death or
personal injury, or (iv) loss of or damage to any property, are to the exclusion of any other
remedy that either Party may have against the other under Applicable Law or otherwise.
ARTICLE XII- CONFIDENTIALITY
12. 1 General. During the Term, and for three (3) years after the termination of this
Agreement, each Party will hold in confidence any Confidential Information supplied by the
other Party. The term "Confidential Information" means with respect to each Party, all written
or oral information of a proprietary, intellectual or similar nature, relating to a Party's business,
projects, operations, activities or affairs, whether of a technical or financial nature or otherwise
(including environmental assessment reports, financial information, business plans and
proposals, ideas, concepts, trade secrets, know-how, processes, pricing of services or products, and
other technical or business information, whether concerning this Agreement, each Party's
respective businesses or otherwise) that has not been publicly disclosed and that the receiving Party
acquires directly or indirectly from the disclosing Party. Each receiving Party further agrees, to
the extent requested by the disclosing Party, to require its contractors, vendors, suppliers and
employees, agents or prospective purchasers to enter into appropriate nondisclosure agreements
relative to any Confidential Information, prior to the receipt thereof; provided, however, that the
receiving Party may make necessary disclosures to third parties directly engaged in the operation,
ownership or financing of the Facility if such third parties agree to receive and hold such
Confidential Information in confidence. The Parties acknowledge that this Agreement is governed
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by the Delaware Freedom of Information Act and that Confidential Information 1s subject to
being disclosed, unless specifically exempt from disclosure under such Act.
12.2 Exceptions. The provisions of this Article XII do not apply to information within
one or more of the following categories:
12.2.1 Public Domain. Information that was in the public domain prior to the
receiving Party's receipt or that subsequently becomes part of the public domain by publication
or otherwise, except by the receiving Party's wrongful act, or
12.2.2 Prior Receipt. Information that the receiving Party can demonstrate was
in its possession prior to receipt thereof from the disclosing Party, or
12.2.3 Third Party Delivery. Information received from a third party having no
obligation of secrecy with respect thereof.
12.3 Required Disclosure. Any rece1vmg Party required by law, rule, regulation,
subpoena or order, or in the course of administrative or judicial proceedings, to disclose
Confidential Information that is otherwise required to be maintained in confidence pursuant to
this Article XII, may make disclosure notwithstanding the provisions of this Article XII;
provided, however, that the receiving Party, immediately upon learning of the requirement, notifies
the disclosing Party of the requirement and the terms thereof and cooperates to the maximum extent
practicable to minimize the disclosure of Confidential Information. Any receiving Party
disclosing Confidential Information pursuant to this Section 12.3 must use reasonable efforts,
at the disclosing Party's cost, to obtain proprietary or confidential treatment of Confidential
Information by the third party to whom the information will be disclosed, and to the extent such
remedies are available, must use reasonable efforts to seek protective orders limiting the
dissemination and use of Confidential Information. Moreover, this Agreement does not alter the
rights of any Party to object to the rule, regulation, order or proceedings requiring the disclosure.
ARTICLE XIII-TITLE, DOCUMENTS AND DATA
13 .1 Materials and Equipment. Title to all materials, equipment, supplies,
consumables, spare parts and other items purchased or obtained by NAES on an Operating
Cost or Reimbursable Cost basis passes directly from the vendor or supplier thereof to, and vests
in, Owner. NAES has no title or other claim to such items; provided, however, that transfer of title
in no way affects NAES's obligations set forth in this Agreement.
13.2 Documents. All O&M Manuals, operational data, Facility drawings, NAES
reports and Operating Account records (including, for all documents, both paper and electronic
records) prepared or developed by NAES's Site Personnel in connection with performance of the
Services become the property of Owner when prepared. All such documents, together with any
materials and documents furnished to NAES by Owner, will remain at the Facility upon expiration
or termination of this Agreement; provided, however, that NAES may retain for its records copies
of documents prepared by NAES.
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13.3 Proprietary Information. Where materials or documents prepared or developed by
NAES or its Affiliates, or their respective employees, representatives or contractors, contain
proprietary or technical information, systems, techniques or know-how previously developed by
them or acquired by them from third parties ("NAES Proprietary Information"), NAES retains the
unrestricted and irrevocable right to use or dispose of such NAES Proprietary Information as NAES
deems fit; provided, however, that Owner has an irrevocable license to use such NAES Proprietary
Information to the extent necessary for Owner's operation or maintenance of the Facility at no
additional cost to Owner.
ARTICLE XIV -MISCELLANEOUS PROVISIONS
14.1 Assignment. This Agreement is not assignable by a Party without the prior
written consent of the other Party, which consent will not be unreasonably withheld, except that
this Agreement may be collaterally assigned by Owner without such consent to Lender in
connection with Lender's financing of the Facility, and may be assigned by any Party to such
Party's Affiliates; provided, however, that any assignment pursuant to this Section 14.1 will not
relieve the assigning Party of any of its obligations under this Agreement that arose prior to the
date of such assignment. NAES agrees to negotiate in good faith any consent to assignment and
such other reasonable documents in connection with an assignment to Lender as Lender may
request, provided, however, that all ofNAES's costs in connection therewith shall be Reimbursable
Costs hereunder (including the fees and disbursements of NAES's attorneys). This Agreement
will be binding upon and will inure to the benefit of the successors and permitted assigns
of the Parties.
14.2 [Reserved]
14.3 Access.
14.3.1 Owner's Access. Owner and Lenders and their agents and representatives
will have access to the Facility, all Facility operations and any documents, materials and records
and accounts relating to the Facility operations for purposes of inspection and review. Upon the
reasonable request of Owner, and its agents and representatives, NAES will provide such
Persons with access to all operating data and operating logs maintained at the Facility.
14.3.2 Compliance with NAES's Procedures. During any inspection or review of
the Facility pursuant to Section 14.3.1, Owner and Lenders and their agents and
representatives must comply with all of NAES's safety and security procedures and conduct
inspections and reviews in such a manner as to cause minimum interference with NAES's activities.
NAES also will cooperate with Owner in allowing other visitors access to the Facility.
14.4 Subcontractors. Subcontracting of the Services will not relieve NAES of its
duties, liabilities or obligations to Owner. Owner has the right, in its sole discretion, to approve
the retention of any subcontractors.
14.5 Not for Benefit of Third Parties. Except as otherwise expressly provided in
Sections 9.3 and 14.4 (with respect to the additional insured status of Persons) and Articles X,
XI, XII and XIII, and Section 14.1, this Agreement and each and every provision hereof are for the
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exclusive benefit of the Parties that executed this Agreement and not for the benefit of any third
party.
14.6 Force Majeure.
14.6.1 Events Constituting Force Majeure. A "Force Majeure Event" is any
event that (a) restricts or prevents performance under this Agreement, (b) is not reasonably
within the control of the Party affected or caused by the default or negligence of the affected
Party and (c) cannot be overcome or avoided by the exercise of due care. Force Majeure Events
include failure of a Party to perform due to drought, flood, earthquake, storm, fire, lightning,
epidemic, war, terrorism, acts of Governmental Authorities, civil disturbances, sabotage, work
stoppages (i.e., strikes), accident or curtailment of supply, unavailability of construction
materials or replacement equipment beyond the affected Party's control, inability to obtain and
maintain Permits from any Governmental Authority for the Facility, restraint by court order, and
changes in Applicable Law that affect performance under this Agreement. Except for the
obligation of each Party to make payments of amounts owed to the other Party, each Party is
excused from performance and will not be considered to be in default in respect to any obligation
if performance cannot occur due to a Force Majeure Event. Neither Party will be relieved of its
obligations under this Agreement solely because of increased costs or other adverse economic
consequences that may be incurred through the performance of such obligations.
14.6.2 Notice. If a Party's ability to perform its obligations under this Agreement
is affected by a Force Majeure Event, the Party claiming such inability must (i) promptly notify the
other Party of the Force Majeure Event and its cause and confirm the same in writing within five
(5) Business Days of its discovery, (ii) promptly supply such available information about the Force
Majeure Event and its cause as may be reasonably requested by the other Party and (iii) initiate
efforts to remove the cause of the Force Majeure Event or to lessen its effect. Strikes and lockouts
are Force Majeure Events and settlement thereof is wholly within the discretion of the Party whose
employees are on strike or locked out.
14.6.3 Scope. The suspension of performance ansmg from a Force Majeure
Event will be of no greater scope and no longer duration than that which is necessary. The
excused Party will use its reasonable efforts to remedy its inability to perform.
14.7 Dispute Resolution.
14.7.1 Any dispute concerning interpretation or clarification of this Agreement,
or the acceptable performance thereof by NAES ("Dispute"), shall be immediately submitted in
writing to Owner for resolution. All determinations, instructions, and clarifications of Owner shall
be final and conclusive, unless NAES files with Owner within 14 days after Owner notifies
Operator of any such determination, instruction, or clarification, a written protest, stating clearly
and in detail the basis thereof. Owner shall respond to such protest within 30 days of its receipt.
14. 7.2 In the event that use of the procedures set forth in Section 14. 7 .1 does not
lead to satisfactory resolution of the Dispute, either Party may send a Notice of Dispute to the other
Party and request a conference for resolution of such dispute. Within three days after delivery
of such notice, each Party shall nominate a senior officer of its management to meet at the Facilities,
or at any other mutually agreed location, to resolve the dispute, which conference shall be convened
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within ten days after exchange of such nominations unless the parties mutually agree to another
date. In the event the parties are unable to resolve the dispute through the procedures set forth
in this Section 14. 7.2, either Party shall have the right to pursue the remedies in accordance
with the procedures set forth in Section 14.7.3.
14. 7.3 Any controversy or claim arising out of or relating to this Agreement or
the breach thereof, which cannot be resolved amicably, shall be settled by arbitration. This
agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The
award of the arbitrators shall be final, and a judgment may be entered upon it by any court
having jurisdiction. A Party desiring to invoke this arbitration provision shall serve written
notice upon the other of its intention to do so. Within 15 days of the date of such notice, each
Party shall serve upon the other the name of one individual, knowledgeable in matters pertaining
to the performance of this Agreement and to the subject matter of the dispute to serve as an
arbitrator. If either Party fails to select an arbitrator and notify the other Party of that selection
within such 15 day period the other Party may request the American Arbitration Association to
select the arbitrator. The two arbitrators so selected shall select a third arbitrator within 15 days
after the selection of the two arbitrators or, if the two arbitrators cannot agree upon a third
arbitrator, the American Arbitration Association shall select the third arbitrator. The arbitration
shall be conducted in accordance with the Commercial Arbitration Rules of the American
Arbitration Association then prevailing, and shall be conducted in Dover, Delaware, unless the
Parties agree otherwise. Discovery shall be made available in accordance with the procedures
set forth in the Federal Rules of Civil Procedure, but to a degree limited by the arbitrators as they
deem appropriate to render the proceedings economical, efficient, expeditious and fair. Interest
at the Late Payment Rate shall be added to any monetary award for sums found to have been due
under this Agreement. Except as otherwise specified by the arbitrators each Party shall bear its
own costs of the arbitration.
14.7.4 During the pendency of any Dispute, the Parties will continue to perform
the obligations imposed upon them under this Agreement to the fullest extent possible, without
prejudice to their respective positions in dispute
14.8 Amendments. No amendments or modifications of this Agreement are valid
unless in writing and signed by duly authorized representatives of the Parties.
14.9 Survival. Notwithstanding any provisions to the contrary, the obligations set
forth in Articles VII (with respect to payments), X and XII, Sections 8.2 and 8.3 (with respect to
the obligation to pay the Termination Payment), Sections 14.7 and the limitations on liabilities
set forth in Article XI will survive, in full force, the expiration or termination of this Agreement.
14.10 No Waiver. No delay, waiver or omission by Owner or NAES to exercise any
right or power arising from any breach or default by Owner or NAES with respect to any of
the terms, provisions or covenants of this Agreement will be construed to be a waiver by Owner
or NAES of any subsequent breach or default of the same or other terms, provisions or covenants
on the part of Owner or NAES.
14.11 Notices. Any written notice required or permitted under this Agreement will be
deemed to have been duly given on the date of receipt, and will be either delivered personally to
the Party to whom notice is given, or mailed to the Party to whom notice is to be given, by email,
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facsimile, courier service or first class registered or certified mail, return receipt requested,
postage prepaid, and addressed to the addressee at the address provided in Appendix D, or at the
most recent address specified by written notice given to the other Parties in the manner provided
in this Section 14.11.
14.12 Representations and Warranties. Each Party represents and warrants to the other
Party that, as of the date hereof:
14.12.1 Existence. It is duly organized and validly existing under the laws of the
state of its organization and has all requisite power and authority to own its property and assets and
conduct its business as presently conducted or proposed to be conducted under this Agreement.
14.12.2 Authority. It has the power and authority to execute and deliver this
Agreement, to consummate the transactions contemplated hereby and to perform its obligations
hereunder.
14.12.3 Validity. It has taken all necessary action to authorize its execution,
delivery and performance of this Agreement, and this Agreement constitutes the valid, legal and
binding obligation of such Party enforceable against it in accordance with its terms, except as such
enforcement may be limited by bankruptcy, insolvency, moratorium or similar laws affecting the
rights of creditors or by general equitable principles (whether considered in a proceeding in equity
or at law).
14.12.4 No Conflict. None of the execution or delivery of this Agreement, the
performance by such Party of its obligations in connection with the transactions contemplated
hereby, or the fulfillment of the terms and conditions hereof, conflicts with or violates any
provision of its constituting documents.
14.12.5 No Consent. No consent or approval (including any Permit that such
warranting Party is required to obtain) is required from any third party (including any
Governmental Authority) for either the valid execution and delivery of this Agreement, or the
performance by such Party of its obligations under this Agreement, except such as have been
duly obtained or will be obtained in the ordinary course of business.
14.12.6 No Breach. None of the execution or delivery of this Agreement, the
performance by such Party of its obligations in connection with the transactions contemplated
hereby, or the fulfillment of the terms and conditions hereof either conflicts with, violates or
results in a breach of, any Applicable Law currently in effect, or conflicts with, violates or
results in a breach of, or constitutes a default under or results in the imposition or creation of, any
lien or encumbrance under any agreement or instrument to which it is a party or by which it or any
of its properties or assets are bound.
14.12.7 No Material Claims. It is not a party to any legal, administrative,
arbitral or other proceeding, investigation or controversy pending or threatened that would
adversely affect such Party's ability to perform its obligations under this Agreement.
14.13 Additional Representation and Warranty by NAES. NAES further represents and
warrants to Owner, as of the date hereof, that it has substantial expertise and experience in the
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operation and maintenance of power generation facilities and it is fully qualified to operate and
maintain the Facility in accordance with the terms of this Agreement.
14.14 Counterparts. The Parties may execute this Agreement in counterparts that, when
signed by each of the Parties, constitute one and the same instrument; and, thereafter, each
counterpart will be deemed an original instrument as against any Party who has signed it.
14.15 Governing Law. This Agreement is governed by and to be construed in accordance
with the laws of the State of Delaware, exclusive of the conflicts of laws provisions thereof.
14.16 Captions, Exhibits and Appendices. Titles or captions contained in this
Agreement are inserted only as a matter of convenience and for reference, and in no way define,
limit, extend, describe or otherwise affect the scope or meaning of this Agreement or the intent
of any provision hereof. All exhibits and appendices attached hereto are considered a part hereof
as though fully set forth herein.
14.17 Severability. If any provision of this Agreement, or the application of any such
provision to any Person or circumstance, is held invalid by any court or other forum of
competent jurisdiction, the remainder of this Agreement, or the application of such provision to
Persons or circumstances other than those as to which it is held invalid, will nevertheless remain
in full force and effect so long as the economic or legal substance of the transactions
contemplated hereby is not affected in a manner materially adverse to a Party. Upon any such
determination of invalidity, the Parties will negotiate in good faith to modify this Agreement so
as to effect the original intent of the Parties as closely as possible in an acceptable manner in
order that this Agreement is consummated as originally contemplated to the greatest extent
possible.
IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly
authorized officers as of the date set forth in the preamble to this Agreement.
CITY OF DOVER, DELAWARE, Owner
NAES CORPORATION
By ~~
Name: Robert E. Fishman
Title: President & CEO
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APPENDIX A - SCOPE OF SERVICES
The Services include all activities reasonably necessary to accomplish the following tasks.
I. SITE PERSONNEL: OPERATIONAL PERIOD SERVICES
A. Routine Services
1. Consistent with Owner-approved Budget and Plan, provide Facility Services to
optimize electrical power generation and facility preservation.
2. Assign work to either Site Personnel or vendors as cost-effective and appropriate
based on guidance from Owner. Nonnally, Site Personnel conduct preventive
maintenance and actions requiring a high degree of Facility knowledge and vendors
perform tasks needing equipment or expertise that are not cost-effective to maintain
at the Facility(~, code welding, safety valve testing, specialized calibrations,
stack testing). Vendors also perform tasks that make sense to minimize outage time
and costs.
B. Program Implementation
1. Implement NAES programs, policies, and procedures developed and issued as part
of the Transition Period Services.
2. Implement Facility's existing operations and maintenance procedures, chemistry
procedures, and environmental compliance processes, unless otherwise directed by
Owner.
3. In conjunction with Project Manager, implement NAES ' s assessment program.
C. Routine, Preventive and Predictive Maintenance
1. Perform routine and preventive maintenance actions on all Facility systems and
equipment in accordance with vendor instructions and the Plan.
2. Service Checks. Conduct frequent visual equipment inspections and log significant
parameters such as pressures, temperatures, and flow rates . Trend and analyze this
information as appropriate.
3. Routine and Fixed Interval Maintenance. Using the CMMS database, identify all
preventive maintenance requirements. Schedule and assign routine maintenance
during Facility operation, planned outages, and forced or unscheduled outages
4. Perform predictive maintenance to identify potential equipment failures or oversee
performance by third parties, as appropriate in light of Owner-approved staffing
levels and capabilities of Site Personnel.
D. Major Maintenance and Repairs
1. In coordination with and support of the Facility Agreements and generation plan,
arrange for scheduled inspections and overhauls on major equipment.
2. Retain vendors on behalf of Owner for unscheduled major repairs as required;
manage and oversee all repairs and modifications.
E. Facility Outages
1. Develop and implement a five year outage schedule. Within the CMMS, identify all
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maintenance that requires a Facility outage or equipment to be taken out of service.
2. To the extent consistent with Facility Agreements and Owner direction, manage all
Facility outages (planned, unscheduled, forced) to minimize outage duration, impact
on production and cost.
3. Develop and implement a detailed schedule to track all outage work and testing,
including corrective maintenance actions, vendor work and scheduled preventive
maintenance. Obtain Owner approval of the schedule. Conduct preparations to
support this plan, including ordering and receiving all required spare parts.
F. Facility Administration
1. Budgeting. Prepare annual Budgets and Plan and submit them for Owner approval.
Manage operations to comply with each Budget and Plan. Generate budget variance
reports, as required.
2. Payroll. Collect and review timesheets for accuracy. Enter timesheets into payroll
system and submit them to NAES Home Office Personnel for processing.
3. Procurement. Implement the procurement procedure to maintain an effective and
efficient purchasing system. Procure, as agent for Owner, all materials, equipment,
chemicals, supplies, services, parts, and other miscellaneous items required for the
provision of the Services. Contract using terms and conditions approved by Owner
in advance. Utilize the CMMS and H T E system, as appropriate, in all stages of
procurement.
4. Accounts Payable. Ensure all vendor invoices and Site Personnel expense
reimbursement forms have supporting documents and enter them into accounting
system. Make timely payments for all invoices that are not directly paid by Owner.
5. Inventory Control. Implement a cost-effective inventory control system designed to
ensure that spare parts, materials, and supplies are properly stored and accounted for
and that adequate supplies are available at all times to support the provision of the
Services.
6. Personnel Matters.
i. In coordination with Home Office Personnel and in compliance with NAES
human resources policies and procedures, execute required human resources
processes and address employee matters as they arise.
IL In coordination with the Home Office Personnel, acquire and retain qualified
Site Personnel to maintain the staffing levels and skill mix required for
successful long-term provision of the Services.
7. Arrange for janitorial, garbage pickup, landscape services, snow removal (if
needed), extermination services, and maintain all access roads, office buildings, and
other structures in good repair at all times.
8. Reports. Prepare and submit to Owner operation and maintenance service reports as
requested relative to performance, maintenance and repair status, Facility operating
data, and any other information reasonably requested by Owner.
9. Environmental Data and Reporting. Collect Facility environmental data, including
required air and water/waste water monitoring data and permit compliance
information, and prepare draft environmental reports for Owner review. Submit
reports to appropriate Governmental Authority. Obtain professional environmental
support for environmental reports that are new, complex, non-routine (such as state
or federal requests or event-triggered reports), or beyond the capabilities of current
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Site Personnel, as necessary to satisfy permit and regulatory reporting requirements.
10. Environmental Plans. Implement permit or regulatory required environmental
plans, such as spill prevention plans, Stormwater Pollution Prevention Plans, CEMS
QA/QC plans, Greenhouse Gas Monitoring Plans or Accidental Release
Prevention/Risk Management Plans, as applicable. Obtain professional
environmental support for environmental plan development, modification, renewal
or implementation as necessary to satisfy permit and regulatory requirements.
11. Waste and Hazardous Materials . Manage hazardous materials and wastes on site in
accordance with applicable regulations. Coordinate waste disposal in accordance
with Agreement.
12. General Environmental Management. Review information, materials, programs and
tools provided by Home Office Personnel environmental group for applicability to
the site and implement, as applicable and required, requesting assistance as needed
to supplement Site Personnel experience and resources.
13. Security. Implement or arrange for implementation of security measures in
accordance with the Owner-approved Facility security plan.
14. Drawings/Manuals Maintenance. Maintain the Facility library and update Facility
manuals and vendor service manuals. Update (or arrange for updating) Facility
drawings to reflect changes to the as-built configuration. In addition to document
management, maintain physical Facility configuration control.
15. Community Relations. In coordination with the Owner, conduct a community
relations program to establish the Facility and its Site Personnel as "good citizens"
in the local community.
G. Training. Implement a continuing program of training designed to orient new Site
Personnel, refresh/cross-train existing Site Personnel, qualify/re-qualify Site Personnel, and
keep all Site Personnel aware of Owner-approved Facility safety requirements and
emergency procedures.
H. Assistance to Owner. Provide assistance to Owner, as reasonably requested with the
execution of Owner's duties relative to operation of the Facility. This task includes such
activities as the preparation and coordination of warranty claims and Permit renewals,
interacting with Owner's management and personnel, and interfacing with the local
community and authorities.
II. HOME OFFICE OPERATIONAL PERIOD SERVICES INCLUDED IN FEE
A. Monitoring of Regulatory Compliance
1. Safety
1. Monitoring regulatory developments in safety, and provision of periodic
updates to Site Personnel.
11. Maintenance of safety statistics and communication oflessons learned.
m. At least one annual NAES-initiated visit to the Facility to perform safety
assessment.
iv. Develop and make available to the Site Personnel standard tools, templates
and general safety guidance materials, such as training templates, guidance
on implementing programs and updated safety procedures.
2. Environmental
I. Develop and make available to the Site Personnel standard tools, templates
and general O&M guidance materials, such as management checklists for
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federal programs, training templates for federal programs, and guidance on
implementing federal programs.
11. Monitor regulatory developments in federal environmental law as it pertains
to power plant operations and compliance, and provide periodic updates to
Site Personnel.
111. Conduct one annual NAES-initiated visit to the Facility to perform an
environmental program assessment, the scope of which is established by
NAES.
3. Reliability Compliance
L Monitoring regulatory developments in reliability compliance, and provision
of periodic program updates and communications regarding these
compliance matters to Site Personnel.
B. Monitoring of Site Personnel and Facility Performance
1. Oversee Site Personnel training and qualification activities, by updating training
program as appropriate, overseeing its implementation, and coordinating for web-
based and other training mechanisms.
2. Quality assessment and management of Site Personnel performance and their
implementation of Facility programs.
3. Oversee program implementation by Site Personnel by implementing the assessment
manual in conjunction with the Plant Manager and by making NAES-initiated Site
visits.
4. Review reports prepared by Site Personnel.
5. Outage plan review and guidance.
6. Tracking of performance indicators and evaluating Facility performance against the
NAES fleet.
C. Human Resource Functions in Support of Site Personnel
1. Assist Site Personnel in employee management activities by performing the
following activities:
i. Recruiting candidates for employment and arranging interviews
11. Preparing and extending offers of employment
111. Administering of the pre-employment screening and relocation process
iv. Conducting Site Personnel employee orientation and benefits enrollment
v. Administering of pay and benefits policies and programs.
v1. Consulting regarding employee performance management, disciplinary
action and termination
vii. Participating in the Site Personnel complaint and problem resolution process
v111. Provision of responses to Site Personnel questions regarding human
resources
2. Developing, maintaining, and communicating human resource policies and
procedures.
3. Monitoring changes to employment regulations
D. Accounting, Procurement, and Insurance
1. Participate in annual Budget and Plan development process.
2. Perform payroll processing services, other than that performed by Site Personnel;
assistance to Site Personnel in usage of payroll software and responses to Site
Personnel payroll questions.
3. Site Personnel expense report processing
4. Review of NAES invoices for accuracy and validity
A-4
Paj 111
.-
5. Facility participation in preferred vendor pricing initiative managed by Home Office
Personnel.
6. Provision of responses to Site Personnel questions regarding accounting (including
payroll and MAS support, if applicable), legal, CMMS, and procurement.
7. Administer worker's compensation program; handle worker's compensation claims.
8. Maintain and renew blanket NAES insurance policies as required under Section 9.1.
E. NAES Fleet Integration
1. Coordinate transmission of know-how/lessons learned among NAES facilities, via
email, webinars and regular conference calls among plant managers.
2. Development and coordination of O&M conferences, conference calls, and
webinars;
3. Maintenance of web-based NAES portal and incident and injury reporting program.
III. HOME OFFICE PERSONNEL SERVICES PERFORMED ON HOURLY RA TE PLUS
EXPENSES BASIS
A. Advisable changes, updates or additions to Facility operation and maintenance manuals,
system descriptions, or drawings, including the following:
1. Safety consulting or audits of safety practices.
2. On-site outage support
3. On-site assistance for regulatory visits
4. Assistance with regulatory programs, such as VPP or STAR
5. On-site project safety support, requested by Owner
B. Input of Facility data into Facility information systems, including, but not limited to,
population and manipulation of CMMS data.
C. CMMS training
D. Non-routine human resources Home Office Personnel Services, including the following:
a. Negotiation and assumption of union labor contracts
b. Development and implementation of special benefit plans or arrangements,
including coordination with outside professional services
c. Labor arbitration case management
d. Union election activities and campaigns
e. Labor union consulting, bargaining and grievance procedures
f. Attendance at owner-requested Site Personnel transition meetings, development and
implementation of employee retention and severance plans, performance of Owner-
requested Site Personnel evaluations
E. Temporary fill-in for Site Personnel by Home Office Personnel
F. Obtain, maintain and renew insurance policies specific to the Facility or Site and required
of NAES under Section 9.1.
G. On-site Outage support
H. On-site Project Management support, as requested by Owner
I. Site Physical Inventory Support by Home Office Personnel
J. Legal Support to Facility operations necessitated by occurrences outside NAES's control,
including, but not limited to, claims made against Owner in which NAES is not a party.
K. Environmental support for compiling and reviewing environmental reports and plans under
Appendix A, I (F)(9) and (10); customization and population of NAES standard tools and
A-5
Paj 112
templates; monitoring state environmental law and state regulatory tracking, analysis and
guidance; review, guidance and direct support on environmental projects and issues related
to operations; and general day-to-day compliance support.
L. Customized research and analysis
IV. NAES SERVICES PERFORMED AT NEGOTIATED RATES
A. Environmental consulting, auditing, permitting, developing customized training material or
delivering training, environmental plan development or modification (such as Spill
Prevention Control and Countermeasure Plans, Stormwater Pollution Prevention Plans or
Risk Management Plans), specialized Continuous Emissions Monitoring consulting, legacy
or pre-existing issues support or Owner business support such as due diligence, asset sale,
or strategic regulatory or permitting analysis.
B. NERC consulting, NERC program licensing, audit preparation, audit support, or functional
registration with NERC on behalf of the Facility.
C. Engineering or other support for plant emergencies, operational events, capital projects or
other Facility improvement initiatives.
D. Direct placement and temporary staffing services performed by NAES' s staffing services
division.
E. Debit Card Account management services
F. Maintenance services performed by NAES subsidiaries or turbine services division.
G. CMMS consulting, including development or modification of processes and products
outside of the CMMS features available before the Effective Date, including customization
of the user interface or program functionality; development of customized reporting or
customized integration solutions.
A-6
Paj 113
APPENDIX B - PERFORMANCE ADJUSTMENT PROVISIONS
Commercial
35.00% Commercial Unavailability (CU) 1---..__-----<f - - - - - - - - - i C U Calculation: CU={(F0u 1+ Eu 1).(17MW) + (FOu 2+E112 t(17MW)
Unavallabilty
+ (F0113+Eu3 ).(102MW) +
(FOu11+Eu11 t(39MW)} I 8760 hours*(175MW)
All tests assed No tests assed The ad"ustment is wei hted b size of the uni subject to the test.
Capacity 25.00% Demonstrated PJM Dependable Capacity 1-------- -1--------+------------------------t
98% 90%
Required Safety Training Complete hts
983 903
Safety Perfonnance 15.00% Required NAES Housekeeping Inspections 1-------+--------r-~-~--------------------1
Required NAES Safety Observations
98% 90%
Number of Notice of Vlolatlons In budget 1-----0-----1----!_----~----- - - - - - - · - - - · - · - - · - ·--
Environmental 20.00%
year
Plant Manager meets with City
Representative monthly and keeps Subective Subjective
Communications 5.00%
Representative informed of CIP budget
changes
100.00%
Results that fall between No Adjustment and Full Adjustment will be calculated on a straight-line interpolation.
Available hours = total hours per year when units are available for dispatch, excluding scheduled and unscheduled outage hours.
B-1
Paj 114
APPENDIX C - FACILITY DESCRIPTION AND SPECIFICATIONS
Thermal Energy Customer: NA
Public Utility: City of Dover Electric Utility
Gas Supplier: Chesapeake Utilities
Fuel Oil Supplier: TBD
Equipment: McKee Run Station Units 1 and 2 are Westinghouse
turbines/generators nameplate rated at 16 MW each supplied by
B&W boilers at 850 psi, 900 degree Fahrenheit boiler (1962),
scheduled for retirement on May 31, 2017; McKee Run Station
Unit 3 is a GE steam sealed D-1 configuration reheat unit with a
106.9 MW turbine generator supplied from a 1,800 psi, 1000
degree Fahrenheit boiler
(1975). All McKee Run units operate on #2 oil or natural gas.
Plant Capabilities: McKee Run Units 1 and 2: 17 MW (summer & winter) (to be
retired by May 31, 2017;
McKee Run Unit 3: 102 MW (summer & winter); VanSant Unit
11: 46 MW (summer and winter) in 2015 (to be corrected upon
completion testing and commissioning).
Points of Interconnection: Substation 1, 12.5 kV Bus number 1 (this is the 12.5 generator
bus for McKee Run Units 1 and 2); the 69 kV bushing
terminals of the generator step-up transformers for McKee
Run Unit 3 and VanSant Unit 11; the source side of 230 kV
motor operated disconnect switches ATl-Hl and AT2-Hl.
C-1
Paj 115
APPENDIX D - NOTICES
To the Owner:
City Manager
15 Loockennan Plaza
Dover DE 19903
Fax: 302-736-7002
Telephone: 302-736-7005
With a copy to:
Director of Electric Utility
860 Buttner Place
Dover, DE 19904
Fax No.: 302-736-7081
Telephone: 302-736-7070
To NAES:
NAES Corporation
1180 NW Maple Street, Suite 200
Issaquah, Washington 98027
Attention: General Counsel
Fax No.: 425-270-6398
Telephone No: 425-961-4700
D-1
Paj 116
APPENDIXE
SITE MAPS
(Site maps for McKee and Vansant
showing maintenance
responsibility)
Paj 117
APPENDIX F- HOME OFFICE PERSONNEL RATES
The following hourly billing rates apply to Home Office Personnel time for Extra Work set forth in
Appendix A, Part III. These rates are valid through December 31, 2015. Rates for subsequent years will
be disclosed to Owner prior to becoming effective.
Extra Work Rate for
Home Office
POSITION
Personnel under
Section 7.2(x)
OPERATIONS
Sr. Vice President $ 341
Division Director $ 218
Director, Safety $ 187
Senior Proj. Mgr. $ 166
Project Mgr. II $ 149
Project Mgr. - Safety $ 149
Project Mgr. I $ 134
Project Engr. $ 122
TECHNICAL SERVICES
General Manager $ 228
Director, Environmental Services $ 187
Sr. Environmental Mgr. $ 166
Sr. Environmental Specialist $ 149
Environmental Specialist $ 134
Director, Engineering $ 187
Chief Engineer $ 180
Senior Engineer $ 163
Engineer II $ 149
Engineer I $ 134
CMMS Analyst $ 113
Sr. Operations Analyst $ 108
Operations Analyst $ 96
QA/QC
VP,QA $ 245
QA/QC Manager $ 146
QA/QC Consultant $ 160
F-1
Paj 118
ACCOUNTING
Sr. Finance Manager $ 166
Senior Accountant/Int'l Accountant $ 110
Accountant $ 91
HUMAN RESOURCES
VP,HR $ 262
Sr, Manager/Global HR $ 187
HR Employee Relations Mgr. $ 166
HR Mgr. $ 149
HR Specialist $ 91
HR Representative $ 79
MISC. SUPPORT
Senior Business Development
Manager $ 192
Marketing/Proposal Manager $ 134
Sr. Marketing Engineer $ 113
IS Mgr/Business Application Mgr $ 149
Sr. IS Support $ 113
IS Support $ 79
Mktg Engineer/Support Specialist $ 96
Technical Support Specialist $ 96
Administrative Assistant $ 72
F-2
Paj 119
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on July 27, 2015 at 8:56 p.m. with Council President Slavin
presiding. Members present were Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Hosfelt, Mr. Hare, and
Mr. Hutchison. Mr. Anderson and Mr. Lewis were absent.
Council staff members present were City Solicitor Rodriguez, Mr. Koenig, and Mrs. McDowell.
Mayor Christiansen was also present.
ADOPTION OF AGENDA
Mr. Hare moved for approval of the agenda, seconded by Mr. Hutchison and unanimously
carried.
Mr. Hare moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(9) -
Personnel Matters. The motion was seconded by Mr. Neil and unanimously carried.
The Special Meeting recessed at 8:56 p.m.
Mr. Sudler moved to adjourn the Executive Session, seconded by Mr. Hare and unanimously
carried.
Executive Session adjourned at 9:10 p.m.
POTENTIAL ACTION RESULTING FROM THE EXECUTIVE SESSION
During the Executive Session, Mrs. Traci McDowell, City Clerk, advised members of the results of
the criminal background and clean hands checks for an adult volunteer applicant for the Youth
Advisory Committee.
Mr. Slavin moved to approve the adult volunteer for the Youth Advisory Committee. The motion
was seconded by Mr. Hosfelt and unanimously failed.
Mr. Cole moved to establish a residency requirement for members of the Youth Advisory Committee
from this date forward, with the advice and consent of Council, seconded by Mr. Hare.
Responding to Mr. Sudler, Mr. Slavin stated that Council would discuss the fact that current
members may not be reappointed when their term expires, if they do not meet the residency
requirement.
The motion to establish a residency requirement for members of the Youth Advisory
Committee from this date forward, with the advice and consent of Council, was unanimously
carried.
Mr. Neil moved for adjournment, seconded by Mr. Hutchison and unanimously carried.
The Special Meeting adjourned at 9:13 p.m.
TRACI A. McDOWELL
CITY CLERK
Paj 120
SPECIAL COUNCIL MEETING OF JULY 27, 2015 PAGE 2
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of July 27, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\07-27-2015 SPECIAL.wpd
Paj 121
PETITION TO AMEND AND ZONING DISTRICT
Public Hearing before the
Dover City Council
August 10, 2015
Applicants/Owners: Erin and Robert Barrett
Erin L. Cooper
Address: 35 North New Street
39 North New Street
Location: Southeast corner of North New Street and Fulton Street
Tax Parcel ID #: ED05-076.08-05-39.00-000
ED05-076.08-05-40.00-000
Size: 0.137 +/- acres
0.089 +/- acres
Present Use: Vacant
Proposed Use: Townhomes
Comprehensive
Plan Designation: Mixed Use
Present Zoning: RG-1 (General Residence Zone)
Proposed Zoning: RG-3 (Group Housing Zone)
Recommendation of
Planning Commission: Following a public hearing on July 20, 2015, where no members of
the public spoke with regard to the rezoning request, the Planning
Commission unanimously recommended in favor of the rezoning
as requested/
File Number: Z-15-03
Ordinance Number: 2015-12
Paj 122
Z-15-03 Lands of Barrett and Cooper
Report to City Council – August 10, 2015
Page 2
Existing Property
The property is currently zoned RG-1 (General Residence Zone) and consists of two vacant
parcels of land at the southeast corner of North New and Fulton Streets.
Surrounding Land Uses:
The subject property is immediately surrounded by properties zoned RG-1. The property to the
north across Fulton Street is zoned IO (Institutional and Office Zone) and is the tennis courts for
Wesley College. The properties that are zoned RG-1 are mostly developed as residential
properties. The subject parcels are within the Downtown Development District and “Restoring
Central Dover” study area, where the City is working to promote homeownership and residential
development.
Comprehensive Plan:
The 2008 Comprehensive Plan depicts the subject area as Mixed Use land use classification on
Map 12-1: Land Development Plan Map. This rezoning request is consistent with this
classification. As previously stated, the subject properties are located within the Downtown
Development District and the “Restoring Central Dover” study area, where the City is working
with partners within the community to redevelop the residential neighborhood and promote
homeownership. One of the implementation measures associated with these planning efforts is to
amend the RG-1 zone to allow for a variety of housing styles, including townhouses and
duplexes. These code amendments have not yet been drafted. The request for rezoning would
allow for townhouse development, which is consistent with the overall development plan for the
area.
Request for RG-3 (Group Housing Zone)
The following description of the RG-3 zoning district is provided from Article 3 §3 of the Zoning
Ordinance. Permitted uses include:
Article 3 Section 3
3.11 Any use permitted in one-family residence zones.
3.12 One-family group dwellings such as townhouses and row houses.
The principal difference between the RG-1 zone and RG-3 zone is the allowance of townhouses.
Recommendation of the Planning Staff and the Planning Commission:
Staff supports the rezoning request from RG-1 to RG-3. The housing styles permitted in the RG-
3 zone are consistent with the Downtown Development District and Restoring Central Dover
Plan. Additionally the rezoning request is consistent with the 2008 Comprehensive Plan.
Staff’s recommendation was made prior to the opportunity for public comment on the
application. Following a public hearing before the Planning Commission on Monday, July 20,
2015, where no members of the public spoke with regard to the application, the Planning
Commission unanimously recommended in favor of the rezoning request.
Paj 123
Z-15-03 Lands of Barrett and Cooper
Report to City Council – August 10, 2015
Page 3
CITY OF DOVER PLANNING COMMISSION
July 20, 2015
Excerpt from Meeting Minutes - Draft
Z-15-03 Lands of Barrett at 35 and 39 North New Street: Rezoning from RG-1 to RG-3 – Public
Hearing and Review for Recommendation to City Council for a rezoning application for two (2)
parcels consisting of 0.137 acres and 0.089 acres for a total of 0.226 acres ± (9,844 SF ±). The
properties are currently zoned RG-1 (General Residence Zone). The proposed zoning is RG-3
(Group Housing Zone). The properties are located at the southeast corner of North New Street
and Fulton Street. The owners of record are Robert & Erin Barrett and Erin L Cooper. Property
Addresses: 35 North New Street and 39 North New Street. Tax Parcels: ED-05-076.08-05-
39.00-000 and ED-05-076.08-05-40.00-000. Council District 4. Ordinance #2015-12.
Representatives: Mrs. Erin Barrett, Owner
Mrs. Townshend stated that this application is a rezoning request at the southeast corner of
New Street and Fulton Street. The properties are 35 and 39 North New Street. The current
zoning classification is RG-1 (General Residence Zone); the applicant has requested RG-3
(Group Housing Zone). Just a clarification, the Zoning Ordinance says Group Housing Zone.
What they mean by that is a townhouse zone. The RG-3 (Group Housing Zone) reads: any use
that is permitted in the One Family Residence Zone which would be everything that’s permitted
in the RG-1 (General Residence Zone) as well and one family group dwellings such as
townhouses and row houses. This is the kind of scenario where they need to clean up the
language because she doesn’t think townhouses are called group houses and it creates some
confusion but that’s for another date.
This is a property that is within the Downtown Development District; it is within the Restoring
Central Dover study area where the City is working to try to promote homeownership and
residential re-development. In this case, Staff is working on some ordinance changes that they
would have to bring forward that would allow townhouses and duplexes within the RG-1
(General Residence Zone). Those ordinances are not in place yet so given that set of
circumstances; Mr. and Mrs. Barrett have requested their re-zoning to RG-3 (Group Housing
Zone) so that they could build townhouses on the lots.
Colonel Welsh opened a public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mr. Tolbert moved to recommend approval to City Council for Z-15-03 Lands of Barrett at 35
and 39 North New Street: Rezoning from RG-1 to RG-3, seconded by Mr. Holden.
Mrs. Townshend stated that she would like the motion clarified to state for the reasons stated in
the DAC Report including that it’s consistent with the Comprehensive Plan, the Restoring
Central Dover Plan and the Downtown Development District.
The motion was amended to include the reasons stated in the DAC Report including that it’s
consistent with the Comprehensive Plan, the Restoring Central Dover Plan and the Downtown
Development District, seconded by Mr. Holden and the motion was unanimously carried 7-0 by
roll call vote. Mr. Holden voting yes, for the reasons stated in the motion and no resident
displeasure with the action. Mr. Cregar voting yes, for all reasons previously stated comments.
Mr. Tolbert voting yes, in concurrence with what’s been previously stated and that the petition is
consistent with the Comprehensive Plan. Mr. Holt voting yes, it’s consistent with the
Paj 124
Z-15-03 Lands of Barrett and Cooper
Report to City Council – August 10, 2015
Page 4
Comprehensive Plan. Ms. Still voting yes, as it’s consistent with the Comprehensive Plan
according to the DAC Comments and she thinks it will be an improvement. Mr. Ambruso voting
yes, it’s consistent with what the City is trying to do in that area concerning the RG-1 (General
Residence Zone). Colonel Welsh voting yes, for all of the reasons previously stated.
Paj 125
City of Dover Application No.: Z-15-03
Department of Planning & Inspections
IO
IO
IO
RG-1
RG-1
n St
Fulto
Site
IO
C-1
RG-1 er
Gov
nors
RG-1
Ave
RG-1 New
RG-1
St
C-2
en
Que C-1A
RG-1
St
C-1A
C-
C-1A 2
C-1A
C-1A
C-1A St
Div ision
C-1A RG-1
Application #: Z-15-03
Address: 35 & 39 North New Street
Parcel ID: ED-05-076.08-05-39.00-000 and
Legend
ED-05-076.08-05-40.00-000 Subject Property
Current Zoning: RG-1
Proposed Zoning: RG-3 Zoning
Owners: Robert & Erin Barrett and Erin L. Cooper
Dover Parcels
Date: 6/15/2015
« 0 75 150 300 Feet
Paj 126
C F
I I
Z-15-03 T
Y
R
E
CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
R
APPLICATION REVIEW COMMENTARY D S
O H
D.A.C. MEETING DATE: 07/01/15 V A
E L
R
APPLICATION: Lands of Barrett at 35 and 39 North New Street: Rezoning from RG-1 to RG-3
FILE #: Z-15-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr., Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
No objection to the rezoning. Future projects could result in fire code compliance based on
redevelopment.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2012 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Paj 127
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JULY 1, 2015
APPLICATION: LANDS OF BARRETT AT 35 & 39 N. NEW STREET
FILE #: Z-15-03
REVIEWING AGENCY: City of Dover
CONTACT PERSON: Aren Wright - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS
Our office has no objection to the rezoning of:
ED-05-076.08-05-39.00-000 and ED-05-076.08-05-40.00-000
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / SANITATION / STORMWATER / STREETS / GROUNDS
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible
for all costs associated with providing the appropriate meter / service / main to this site based upon the use including
any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer
services and meters will be assessed at that time. (Please note that each water meter registered with the City of
Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be
required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of
Dover Department of Public Works standards and specifications.
2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards &
Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook.
3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is
brought up to current requirements. This may include relocating the water meter outside or changing service line
sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this
site. Additional impact fees may apply for future development.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Paj 128
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
July 2015
APPLICATION: Lands of Barrett 35 & 39 West Street
FILE #: Z-15- 03
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE
FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE
APPLICANT:
Source: 2014 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. Kent Conservation District has no objection to the re-zoning plan for the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and
exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and
approved to the Kent Conversation District.
Paj 129
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: July 1, 2015 T
===============================================================
APPLICATION: Lands of Barrett at 35 and 39 North New Street: Rezoning from RG-1
to RG-3
FILE#: Z-15-03 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Waylon Sprowl PHONE#: 760-2262
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
1. The Department has no comments for the proposed rezoning.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
The Department has no recommendations for the proposed rezoning.
ADVISORY COMMENTS TO THE APPLICANT:
A Traffic Impact Study (TIS) will be required for this project if the proposed
development exceeds 50 VPH (Vehicle per Hour) or 500 VPD (Vehicle per
Day). When the study is completed, DelDOT will review it and send the
recommendations of the improvements to the City. The improvements contained
in the study will be implemented by the developer per DelDOT's discretion. To
set up a scoping meeting for this project, please contact Mr. Troy Brestel at (302)
760-2167 or via e-mail at Troy.Brestel@state.de.us.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the planning department as soon as possible.
Paj 130
FINAL READING
CITY OF DOVER
PROPOSED ORDINANCE #2015-12
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES
3 LOCATED AT 35 AND 39 NORTH NEW STREET
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
5 the limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
7 of properties described below from RG-1 (General Residence Zone) to RG-3 (Group Housing Zone).
8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
9 OF DOVER, IN COUNCIL MET:
10 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
11 Ordinance of the City of Dover have been amended by changing the zoning designation from
12 RG-1 (General Residence) to RG-3 (Group Housing) on properties located at 35 North New
13 Street, consisting of 0.137+/- acres, owned by Robert and Erin Barrett, and 39 North New
14 Street, consisting of 0.089+/- acres, owned by Erin L. Cooper.
15 (Tax Parcels: ED-05.076.08-05-39.00-000 and ED-05.076.08-05-40.00-000; Planning Reference Z-15-03;
16 4th Council District)
17
18
19 ADOPTED: *
20 S:\ORDINANCES\2015\DRAFT\Ordinance #2015-12-Rezoning - 35 and 39 N. New Street-Fiinal Reading.wpd
21
22 Actions History
23 August 10, 2015 - Scheduled for Public Hearing/Final Reading by City Council
24 July 20, 2015 - Review by Planning Commission
25 June 22, 2015 - First Reading by City Council
26
Paj 131
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: July 24, 2015
PREPARED BY: Tim Taraila, Code Enforcement Supervisor; Ann Marie Townshend, AICP, Director of Planning and
Community Development
SUBJECT: 128 S Queen Street, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22,
Article XI - Dangerous Buildings Case # 14-1161, 13-4018 & 13-3574
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $15,000-$20,000.
AMOUNT BUDGETED: $175,000 Budgeted for all demolitions Citywide in the FY-2016 Budget; As of July 31,
2015, there is $164,021.39 remaining in the line item.
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare this building and all accessory structures on this property dangerous.
2. Order the property to be repaired or demolished by September 10, 2015 by the owner or equity owner at their
own risk.
3. Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10
days of the date established by City Council.
4. Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
BACKGROUND AND ANALYSIS
The property is owned by Joe W Burden Jr. The structure is a two story wood-framed single family home along with a
small shed in the rear yard. The property was condemned as unfit human occupancy on November 18, 2013. There were
several area of concern that the building may have structural issues with the foundation and settlement along the rear
addition. Also, it was found at this time that the home was being operated illegal as a rooming house. On November 24,
2013, a full interior inspection was done on the home with numerous code violations found. Since that date, no interior
inspection has been scheduled for code compliance. Currently the home is registered as a vacant building, with numerous
outstanding code violations, and condemned as unfit for human occupancy. A building permit has been issued for repairs
with the intitial pre-drywall inspection on April 30, 2015, which failed. A follow-up inspection occurred on July 31, 2015
and passed. A final inspection has not been scheduled at this time.
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ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: July 30, 2015
PREPARED BY: Tim Taraila, Code Enforcement Supervisor; Ann Marie Townshend, AICP, Director of Planning and
Community Development
SUBJECT: 669 W North Street, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22,
Article XI - Dangerous Buildings Case # 15-623 & 15-905
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $10,000-$15,000.
AMOUNT BUDGETED: $175,000 Budgeted for all demolitions Citywide in the FY-2016 Budget; As of July 31,
2015, there is $164,021.39 remaining in the line item.
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare this building and all accessory structures on this property dangerous.
2. Order the property to be demolished by September 10, 2015 by the owner or equity owner at their own risk.
3. Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10
days of the date established by City Council.
4. Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
BACKGROUND AND ANALYSIS
The property is owned by Joe W Burden Jr. The structure is a two story wood-framed single family home. On March 13,
2015 the property was found to be vacant and was registered as a vacant building. During a follow-up inspection in April
of 2015, numerous exterior code violations were found including damage to the east rear foundation corner which was
causing the wall and siding to buckle. City Staff requested an structural engineers report for the structure. On June 22,
2015, City Staff observed renovations were being done to the property and a stop work order was placed on the structure.
Following the submission of a structural engineering report, a renovations permit was issued on July 16, 2015. On July
23, 2015, City Staff inspected the renovations work that had been completed and found that the work being performed
was not compliant with requirements of the Building Code. A stop work order was again placed on the structure and due
to the significant deficiencies, noting that sealed drawings would be required before work could be reinitiated. Currently
the structure is still vacant with no utilities.
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City of Dover
August 3, 2015
Members of City Council
City of Dover
Dover, DE 19901
Dear Council Members:
As provided in Section 10 of the City of Dover Charter, I have been notified by
Mayor Robin R. Christiansen, in an e-mail dated July 31, 2015 (enclosed), of his disapproval of that
portion of the Minutes enacted by Council during their Regular Meeting of July 27, 2015 regarding
the reporting structure for the Economic Development Office. The Council action is more
specifically outlined in the following motion:
“Mr. Sudler moved to affirm City Council’s decision of March 23, 2015, to move the
Economic Development Office under the City Manager, with the understanding that
this matter will be revisited in September, which could lead to a different action. The
motion was seconded by Mr. Cole and unanimously carried (Anderson and Lewis
absent).”
Please accept this as official notification of Mayor Christiansen’s veto of that portion of the
Minutes as outlined above.
Sincerely,
Traci A. McDowell, CMC
City Clerk
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Enclosure
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service
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Martine, Yvonne M.
From: Robin Christiansen (Personal) < robinrchristiansenSO@gmail.com >
Sent: Monday, August 03, 2015 10:18 AM
To: Martine, Yvonne M.
Subject: Fwd: VETO
Robin R. Christiansen
Mayor, City of Dover
Sent from my iPhone
Begin forwarded message:
From: "Robin Christiansen (Personal)" <robinrchristiansen50@gmail.com>
Date: July 31, 2015 at 5:02:34 PM EDT
To: Melanie Kelsall <mkelsall@dover.de.us>
Subject: VETO
Mr Tim Slavin
President of Council
City of Dover Delawware
Mr President,
After much consideration I am writing to inform you of my intention to veto the action of
Council in regard to the Economic Development Office.
Since the inception of the full time mayor's office in1997,in addition to being the public's full
time advocate at city hall it was that one of the other responsibilities that the Mayor be involved
dailey in the marketing of our great city.
Subsequently, the Office of Economic Development was created and eventually assigned to
the scope of the Mayor's responsibility .
Over the last year I have worked closely with the City Manager and Staff including the
Economic Office. We have met with potential new businesses as well as existing ones to protect
jobs currently we have in our community.
I believe that it is important for the Mayor to continue to be part of that function considering
the current state of our economy here in Dover and Kent County. It is an important function for
the Mayor to work not only on making our city safe, but to build our tax and employment base to
allow us to grow and maintain the services that not only make our city attractive but deserved by
our taxpayers.
Having said that we have a responsibility as Mayor and Council to our citizens to be
deliberate in our actions not driven by personal conflict or hidden agenda. I look forward to
working toward the changes necessary to make each of our respective
Charter responsibilities
ultimately in the best intC;Jresfthe Citizens e all serv rs for a better Dover,
Robin R. Christiansen
Mayor, City of Dover -(""'~~1---..._--
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee Meeting was held on July 27, 2015, 2015 at
4:00 p.m. with Chairman Hosfelt presiding. Members present were Mr. Hutchison, Mr. Sudler
(arrived at 4:01 p.m.), Mr. Keller, and Mr. Shelton. Members of Council present were Mr. Cole (arrived
at 4:01 p.m.) and Mr. Slavin (departed at 4:02 p.m. and returned at 4:03 p.m). Mayor Christiansen was also
present (departed at 4:02 p.m. and returned at 4:10 p.m.).
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Keller and unanimously
carried.
Proposed 15 MPH Speed Limits for Alley Ways
During the Safety Advisory and Transportation Committee meeting of June 22, 2015, members
considered 15-mph speed limits for alley ways and recommended referring this matter to Staff for
review and recommendation to be followed up at the Committee’s next monthly meeting. This
recommendation was approved by Council during their Regular Meeting of July 13, 2015.
During the Safety Advisory and Transportation Committee meeting of July 27, 2015, Police Chief
Paul Bernat advised members that a metro count survey had been conducted from June 29, 2015
through July 6, 2015 for the alley way between North State and North Bradford Streets, including
the area from William Street to Columbia Street. He stated that the survey showed that 62 vehicles
used the alley during that time, the highest recorded speed was 24 miles per hour, and the average
speed was 12 mph. Chief Bernat stated that the Police Department believed that there was no need
for a speed limit sign at this location. He indicated that if a driver was going faster than 25 mph,
police officers would probably not be present when this occurred. Chief Bernat indicated that extra
patrols could be done; however, he questioned whether or not there was a true speeding problem,
stating that according to the data there was not.
Mr. Hutchison asked how a 15-mph speed limit would be enforced if it were implemented.
Responding, Chief Bernat stated that, given that only 62 vehicles traveled this alley in a week
compared to approximately 40,000 vehicles that travel on North State Street in a week, the alley
would be less of a priority in terms of enforcement. However, he noted that putting up a 15-mph
sign would create an awareness of the need to travel slower than the normal 25 mph.
In response to Mr. Keller, Chief Bernat stated that it was possible there would be more traffic in the
alley during the school year.
Overview - Loockerman Street/Forest Street Improvements (Roundabout)
Mr. Scott Koenig, City Manager, reviewed the conceptual drawings for Loockerman Street and
Forest Street Intersection Improvements. He advised members that this project was in the Delaware
Department of Transportation (DelDOT) six (6) year plan, explaining that the City wished to make
sure that it continued to be in this time frame since the City had received Downtown Development
District (DDD) designation. Mr. Koenig stated that Staff believed that improving this corridor
would be a benefit to the DDD and to the downtown area overall. He indicated that Century
Engineering had prepared the conceptual drawings in approximately 2009 or 2010. Mr. Koenig
advised that the intent was to potentially install a traffic circle at the intersection of South Kirkwood
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
MEETING OF JULY 27, 2015 PAGE 2
Street, Loockerman Street, Forest Street, and New Jerusalem Way to better manage that intersection
and install plantings and landscaping along the corridor. He stated that this would improve access
to various business and residential driveways progressing toward Route 8. Mr. Koenig noted that
some of the improvements had been accomplished over the last few years, for example, a light had
been installed at the intersection of Loockerman and Division Streets.
Mr. Koenig stated that Staff believed that the City should pursue the aesthetic improvements of the
proposed project, noting that overhead wires would be dropped underground and the project would
also potentially include tying in the Clarence Street Extension to this corridor. He explained that a
couple of public workshops had been conducted in connection with the project and the general
consensus of those along the corridor was that this would be an improvement; however, there was
also a desire that the project not affect businesses negatively. Mr. Koenig stated that DelDOT took
comments as part of the public workshops; however, these comments were not reflected in the
conceptual drawings.
Mr. Koenig stated that Staff’s standpoint was that this is a project that the City should support as
one of its higher priority projects when the annual transportation prioritization list is sent to the State,
since this improvement would enhance the downtown area and help to continue to expand the
downtown footprint into a few areas where it is currently under-marketed.
In response to Mr. Hosfelt regarding the time frame for the project, if approved, Mr. Koenig
estimated that the project would take three (3) to six (6) years to complete because of the DelDOT
planning process and the need to move the project through the capital plan. He reiterated that some
of the improvements had been constructed, such as sidewalks on West Street with the redevelopment
of the NAPA Auto Parts store and improvements at the Inner City Cultural League location.
Mr. Koenig indicated that Staff would prefer that the installation of the traffic circle, landscaping in
the area, and moving of the overhead wiring to underground be done all at once to reduce
disruptions.
Mr. Vic Giangrant, owner and operator of Westside Car Wash, 805 Forest Street, stated that he
thought the project would be a great improvement; however, he expressed the need to be aware of
the traffic problem that Westside Car Wash creates on Forest Street. He explained that in the
wintertime, when roads are salted, the car wash becomes very busy. Mr. Giangrant advised members
that the traffic pattern for his business is mostly on the shoulder of Forest Street where there is
parking. He noted that some of the conceptual drawings show “bump outs” into the street with trees,
which he felt might present a traffic problem. Other than this feature, Mr. Giangrant felt that the
project was a great idea. He indicated his desire not to make his customers angry or be a burden on
the City of Dover Police Department, noting that traffic from his business can back up halfway to
the railroad tracks. Mr. Giangrant explained that he employs approximately 40-45 people who work
as fast as they can. He asked that this be taken into consideration and suggested starting the bump
outs perhaps 50-60 yards past the car wash.
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
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In response to Mr. Sudler regarding whether Mr. Giangrant’s suggestion had been thought about in
the development process, Mr. Koenig stated that he did not think it unreasonable to adhere to
Mr. Giangrant's requests. Mr. Koenig advised members that Mr. Giangrant had attended one (1) of
the workshops and had made similar comments at that time; however, these conceptual plans were
first iteration plans and were not reflective of those comments. Mr. Koenig stated the desire to
improve the corridor, but not at the expense at losing businesses. He felt that moving or omitting
trees would be a minor component of the improvements, and Staff would be happy to accommodate
that request since the benefits of having the business there and functioning far outweighed one (1)
tree in the corridor.
Mr. Hutchison stated that he liked the idea of the roundabout, but was also very interested in
protecting the width of the roadway so that it would not impede or interfere with the operation of the
Westside Car Wash or any other business.
Mr. Koenig stated that if the project moves forward into design, all of those things would be taken
into consideration in the final concept drawings. It was his belief that these drawings would have
to go out for public review, which would provide an opportunity to comment again in the future.
Mr. Keller concurred that the drawings would probably be brought up two (2) or three (3) times at
a public hearing, noting that there is always room for change.
Mayor Christiansen advised members that he belongs to the Dover-Kent County Metropolitan
Planning Organization and indicated that the project would have to be approved by the MPO
Technical Advisory Committee (TAC) and other groups before it comes to final fruition and
comments would be taken by the MPO TAC.
Update - Ambulance Service Statistics
Mr. Scott Koenig, City Manager, advised members that Staff receives a monthly update from
PrimeCare, LLC, the City’s vendor for medical transport. He stated that these statistics would be
included in the City Manager’s report in the future. Mr. Koenig reviewed the information for June
2015. He stated that for more than a decade, discussions had been held about growth and annexation
in the City and Staff was caught off guard, from a service delivery and service impact standpoint,
by the number of ambulance calls, noting that they had probably doubled in number. Over the last
two (2) or three (3) years calls had flattened out somewhat, but there was a steady increase in calls
in the decade prior. Mr. Koenig explained that PrimeCare’s services are supplemented by the
volunteer services of the Camden-Wyoming and Cheswold Ambulance Services. The City makes
donations to these organizations at the end of the fiscal year, and the amount of the donation is
calculated based on the number of calls that they assisted the City with and is included in the budget.
The donation basically reimburses these non-profit organizations for providing service in the City
and had totaled roughly $15,000 per year over the last few years. Mr. Koenig informed members
that the cost of the PrimeCare contract runs about $20,000 a month, noting that their activity is
critical to the function of the City.
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
MEETING OF JULY 27, 2015 PAGE 4
Briefing on Delaware Department of Transportation (DelDOT) Projects
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that updates were requested from the Delaware Department of Transportation (DelDOT) for projects
that were put forward as transportation priorities in regard to the Capital Transportation Plan (CTP).
She provided updates on these projects, as follows:
Garrison Oak Connector Road
No funding was proposed in the FY16 to FY21 CTP for this project which would connect White Oak
Road to Route 8 to allow easy passage to the Route 1 on-ramp.
College Road Corridor Upgrades
No funding was being proposed in the FY16 to FY21 CTP for this project.
Construction of Sidewalks Within the Walk Zone Of The New Dover High School
DelDOT's sidewalk project at this location is complete; however, DelDOT would continue to work
with the City and the Dover/Kent Metropolitan Planning Organization (MPO) to identify small
improvements. Mrs. Townshend explained that there was a need for sidewalks along the south side
of Route 8, and this had been brought up in the City’s annual transportation prioritization listing to
the State and had also been brought up through the MPO. Although sidewalks had been installed
on the north side of Route 8, there was a lot of foot traffic from Dover High School to the
McDonald’s and the Wawa on Route 8. Mrs. Townshend advised members that many students walk
along the shoulder and the travel lane or in residents’ yards. Although DelDOT had indicated that
their project was complete, Mrs. Townshend stated that the City was still trying to ensure that the
south side of Route 8 is not forgotten.
Route 8 / Hazlettville Road Connector
No funding was proposed in the FY16 to FY21 CTP for this project.
US Route 13 Sidewalk Construction
The sidewalk connections on US Route 13 from South Court Street to Loockerman Street will be
added to the Bicycle and Pedestrian Improvement Program and should be complete in the next few
years. No other capital projects are planned in this area.
Crawford Carroll Avenue Extension
This project would connect Crawford Carroll Avenue from its current ending point, just north of the
Lowe’s Home Improvements on north Route 13, to the Delaware State Campus. Funding for
preliminary engineering was shown in FY 16 and FY 17 in the current CTP, funding for right-of-way
acquisition was shown in FY 18 and FY 19, and funding for construction was shown in FY 20 and
FY 21.
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
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Kenton Road Corridor Upgrades
Funding for preliminary engineering was shown in FY 16 and FY 17 in the current CTP. Funding
for right-of-way acquisition was shown in FY 18 and FY 19. Funding for construction was shown
in FY 20.
Kings Highway / Route 13 Intersection Improvements
No funding was being proposed in the FY16 to FY21 CTP for this project.
Loockerman Street /Forest Street Improvements (Roundabout)
Noting that this item was discussed by Mr. Scott Koenig, City Manager, earlier in the meeting during
consideration of Item #2 - Overview - Loockerman Street/Forest Street Improvement (Roundabout),
Mrs. Townshend advised members that funding for preliminary engineering was shown in FY 17
and FY 18, funding for right-of-way acquisition was shown in FY19, and funding for construction
was shown in FY 20 and FY 21.
US Route 13 Service Road Corridor
No funding was being proposed in the FY16 to FY21 CTP for this project.
Transportation Improvement District
Mrs. Townshend noted that DelDOT and City Staff had been working together and meeting on a
regular basis to develop land use scenarios related to the Transportation Improvement District (TID).
She explained that a traffic study was being done with respect to the TID for the Route 13 and Bay
Road corridor through the entire City. It was planned that improvements could be done at once,
rather than each developer having to study large segments of the roadway over and over again, and
potentially being responsible for improvements that would be well beyond the scope of their
individual project. Mrs. Townshend advised that a fee would be associated with any projects in this
area and would contribute toward these improvements. She stated that once the TID plan is
complete, the improvements identified in the plan would be prioritized for the Capital Transportation
Plan. Mrs. Townshend noted that modeling for the project was getting closer to completion.
Traffic Calming - North State Street / Traffic Calming - Independence Boulevard
Mrs. Townshend indicated that a meeting was held at the end of June to discuss traffic calming in
the areas of North State Street and Independence Boulevard. She noted that the meeting included the
Mayor, the Chief of Police, other City officials, and representatives from DelDOT. Mrs. Townshend
stated that DelDOT had funding available for the planning, outreach, and design aspects of traffic
calming in these two areas. She indicated that the City was in the process of providing members for
a working group that would work on this project. Mrs. Townshend stated that this item was added
to the agenda so that the Committee could have the opportunity to discuss how members wanted to
proceed in terms of representation in the working group.
Mr. Slavin stated that word was put out to the North State Street and Independence Boulevard
community groups, respectively, to present the names of three (3) potential members who would be
part of the working group, and the idea was to bring this to the Committee. He indicated that the
working groups were different in nature than the Safety Advisory and Transportation Committee.
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Mr. Shelton asked if funding had been put aside from DelDOT for the College Road corridor
between McKee and Kenton Roads. He noted there are no sidewalks on that road, which has a lot
of activity, with runners, bikes, and children. Responding, Mrs. Townshend indicated that the City
had listed this area as one (1) of its transportation priorities with the State; however, DelDOT had
indicated that they do not have funding allocated. She expressed her opinion that the City should
keep pressing for this.
In response to Mr. Sudler, Mrs. Townshend stated that she was not aware of any other sources of
income or funding to speed up transportation priorities. She indicated that all federal transportation
funds that come to Delaware come through the Department of Transportation and projects are funded
with both state and federal funds.
Mr. Sudler asked if Staff had thought about asking Senator Brian Bushweller and Rep. Sean Lynn
for assistance. Responding, Mrs. Townshend stated that the State Bond Bill Committee and
DelDOT spent a significant effort during this past legislative session looking at ways to fund
transportation improvements, noting that available funding was limited and they were doing the best
they can with what they have.
In response to Mr. Hosfelt’s request for clarification regarding the sidewalks around Dover High
School, Mrs. Townshend explained that originally there was no money for any of the sidewalk
construction around the school, until approximately 12 months before it opened. Through the efforts
of Senator Bushweller; Governor Markell; Anne Visalli, Director of the Office of Management and
Budget; and DelDOT staff, approximately $700,000 was found to acquire easements and install
sidewalks on the north side of Route 8. Without that, students from Cranberry Run, Heatherfield,
Heatherfield East, and Marsh Creek would all have had to be bused to school, because there would
have been no safe way for them to walk. DelDOT paid for the design, acquisition cost, and the
construction of that sidewalk, as well as the construction of the HAWK signal so that the students
could cross the road. Mrs. Townshend advised that a sidewalk gap study was done by the
Dover/Kent County MPO which identified all the gaps, including those on the south side of Route 8.
It was determined that the north side was the higher priority, because if there were sidewalks on the
south side of the road, there would still be a need to bus the students across the street; therefore, the
north side was done, and the south side was not. She stated that Mifflin Road was also identified
as an important gap as many kids walk from the high school to the Pitts Center to play basketball and
there are no sidewalks on this road. Mrs. Townshend informed members that the City had continued
to emphasize that the project is not complete just because there are sidewalks on the north side. She
indicated that she, along with the MPO staff, participated in a bicycle and pedestrian assessment of
Route 8 with the Federal Highway Administration (FHA) more than six (6) weeks ago, and members
observed students leaving the school, walking on the south side of the road, and crossing at locations
other than the HAWK signal. It was her belief that the FHA would be making a report back to
DelDOT about the need to improve safety in that area.
In response to Mr. Sudler regarding the cost of the improvements needed at College Road,
Mrs. Townshend advised that the project had not gotten to the point of an estimate. She indicated
that a study conducted several years ago examined what needed to be done in a general way but
never got to any type of a design, noting the difficulty of obtaining a cost estimate without a design.
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Responding to Mr. Sudler as to whether consideration had been given to reaching out to the
Delaware State University board of trustees to see if they would be willing to donate financial
resources to help initiate this exterior infrastructure improvement, Mrs. Townshend indicated that
this had not been done, noting that this is a DelDOT road and this would be DelDOT’s decision. She
stated that Staff could certainly make that connection and start those discussions. Mrs. Townshend
noted the possibility; however, she stated that Staff’s experience had typically been that unless these
types of projects are required as part of transportation improvements through a development project,
the landowners prefer not to contribute.
Mr. Hutchison asked if a letter had been written, signed by the Mayor and Council President,
outlining the City’s concerns pertaining to the sidewalk on the south side of Route 8. Responding,
Mrs. Townshend stated that a transportation prioritization memo was sent to the Secretary of
Transportation last year and this project was detailed in the text of the memo. It was her recollection
that she sent an email to the Secretary recently, but had not heard anything back, other than the
previous report that DelDOT had given the City that the project was complete. Mrs. Townshend
reiterated that the most recent report stated that the project on the north side was complete and
DelDOT will continue to work with the City and the MPO on the other necessary fixes. She stated
her belief that DelDOT realizes that while a portion is complete, the entire job is not done.
Mr. Richard Hudson, 23 Freedom Drive, Bicentennial Village, expressed his concern, with respect
to traffic calming at Independence Boulevard, that a few individuals were pushing for this street
calming and stated the need to look at safety on that street. He indicated that there were no speed
limit signs on Independence Boulevard between Forrest Avenue and Walker Road but there was a
25 mph speed limit sign coming off Walker Road. Mr. Hudson stated that, coming off Forrest
Avenue, there are commercial properties on the right and left and behind that an open retention pond,
noting that there is almost 1,300 feet before there is a stop sign and there are two (2) houses with
small children. Mr. Hudson stated he would like to see some stop signs, perhaps children playing
signs, or temporary radar signs put up before trying to block off the street. He stated that this is an
arterial street with an 80-foot right-of-way, so it appeared to be a wide open street and suggested that
warnings be put there.
Mr. Hudson expressed his concern that the names of those put forward for the working group were
three (3) individuals of a minority group and were not representative of the whole. He stated that
a petition was circulated which indicated that people did not want the street blocked off. He
requested that members look at the concerns of all residents, not just a select few.
For clarification, Mr. Slavin stated that the calming that was being considered was exactly what
Mr. Hudson had talked about and would consist of a series of signs or other measures, other than
closing the road. Mr. Slavin did not believe that closing the road was being looked at, noting that
DelDOT has a catalog of options to calm traffic.
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In response to Mr. Sudler, Mr. Hudson stated that he was in favor of putting up signs and warnings
and against blocking the road off. He indicated that the minority group that he mentioned previously
wanted to block off the road, similarly to what was done in the area of the Camden Wal-Mart.
Mr. Hudson indicated that at a recent meeting, the vast majority did not want the road closed off.
Mr. Hutchison moved for adjournment, seconded by Mr. Keller and unanimously carried.
Meeting adjourned at 4:35 p.m.
James E. Hosfelt, Jr.
Chairman
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CORRECTION TO THE MINUTES OF THE PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF MARCH 9, 2015
Review/Scoring of Community Development Block Grant (CDBG) Applications
Mrs. Harvey advised members that funds in the amount of $304,976 had been requested and only
$229,271 was available. She noted that the first three applicants (Dover Interfaith Mission for
Housing, Connections Community Support Program, and Nehemiah) are public service projects and
are limited to $34,391 (15% of the total grant allocation).
After a period of discussion, members conducted a review of each grant application and provided
individual scores on the CDBG Grant Application Scoring Sheet for applicants (as on file in the
Office of the City Clerk) and staff tallied the scoring sheets.
Mr. Anderson moved to recommend awarding the City’s CDBG grant allocation for public
service activities to Dover Interfaith Mission for Housing in the amount of $27,000 and
Connections Community Support Program in the amount of $7,391, with the remaining grant
allocation to be awarded as follows: 1) $6,726 to People’s Place; 2) $40,000 to Habitat for
Humanity; 3) $52,892 to MHDC Homeowner Rehabilitation; 4) $35,262 to MHDC Emergency
Home Repair; and 5) $60,000 to the City of Dover Homeownership Assistance Program in the
Downtown Redevelopment Target Area, stipulating that if the funds are not expended by
January 2016, the area be expanded to the larger target area of Downtown Dover. and that
priority be given to the Downtown Redevelopment Target Area as designated in the Dover Code
until January 2016, with funding to be re-evaluated at that time to see if there are funds left over
for the remainder of the City. The motion was seconded by Mr. Hutchison and unanimously
carried.
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Packets\2015\PR&CE\08-10-2015\Correction
to the Minutes of the PR&CE Meeting of 03-09-2015.wpd
Paj 144
Monthly Report
June 2015
Office of City Assessor
Paj 145
Assessor’s Report
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of June 2014/2015 the Month of June 2014/2015
26 30 28 $100
30
Thousands
25 17 $56
20 14 $50 $36 $28
15 9 $11
$16 $0 $0
10 2 0 1 0 2014 $0 2014
5 $0
0 2015 2015
First Time Buyer for the Month June 2014/2015 Realty
of June 2014/2015 PropertySales in Dollars
Received Prior to Recording
30 26
$4
$4 $2 $2
17 Res. Non‐First $2
Millions
20 $3 $2
14 Time Buyers $2
9 $1 $0 $0 $0
2014
Res. First Time $0
10
Buyers 2015
0
2014 2015
Major Updates
April ‐ 15 May ‐ 15 June ‐ 15
Assessment Change $0 ‐$87,308,570 ‐$33,394,930
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
30 $3,512,200 $3,822,100 0.91 1.07
1
Paj 146
Assessor’s Report
Ratio – Assessed Value divided by Sale Price.
PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under
appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high
valued properties are relatively over appraised.
Points of Interest
Scanning & Filing
‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval.
‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
‐ All old property record cards are being scanned and indexed into Fortis.
Assessor’s Office
‐ Preparing for the 2015 tax billing.
2
Paj 147
JUL 27, 2015 CITY OF DOVER PAGE: 1
10:34 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-067.09-03-11.00 3 R10 319 PINE VALLEY RD 1 13 1984 2 2390 B- AV 164,900 26-JUN-15 192,500 .86
ED05-067.09-03-15.00 3 R10 337 PINE VALLEY RD 1 13 1984 2 2390 B- AV 171,600 17-JUN-15 195,000 .88
ED05-067.15-05-17.00 10 R10 834 WOODCREST TRN 1 13 1984 2 1242 C AV 107,800 01-JUN-15 74,000 1.46
ED05-067.20-03-30.00 9 R10 340 N GOVERNORS AVE 1 8 1973 2 1368 C- AV 71,800 08-JUN-15 102,000 .70
ED05-067.20-03-71.00 8 R10 420 N BRADFORD ST 1 1 1918 1.5 1958 B AV 163,800 12-JUN-15 200,500 .82
ED05-068.10-02-34.00 13 R10 935 BUCK DR 1 14 1964 1 1402 C FR 111,600 24-JUN-15 168,000 .66
ED05-068.13-01-26.00 10 R0 488 N EAST AVE 1 46,300 26-JUN-15 36,250 1.28
ED05-068.14-02-25.00 13 R10 329 MACARTHUR DR 1 14 1966 1 1226 C AV 128,500 19-JUN-15 172,000 .75
ED05-068.14-05-86.00- 101 R50 1001 WHITE OAK RD 1 20 1973 1 824 C- AV 36,900 17-JUN-15 38,000 .97
Paj 148
CITY OF DOVER PAGE: 2
SALES RATIO REPORT CA324
NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
6.00- 101 R50 1001 WHITE OAK RD 1 20 1973 1 824 C- AV 36,900 17-JUN-15 38,000 .97
Paj 149
CITY OF DOVER PAGE: 3
SALES RATIO REPORT CA324
NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
1.00 6 R10 1360 OLD WHITEOAK RD 1 3 1955 1 1727 C AV 120,300 23-JUN-15 50,000 2.41
7.00 6 R10 1427 S HANCOCK AVE 1 14 1990 1 1641 C AV 161,200 29-JUN-15 126,000 1.28
4.00 8 R10 208 N STATE ST 1 1 1880 2 1762 B- GD 138,900 19-JUN-15 182,500 .76
5.00 7 R10 91 N HALSEY RD 1 14 1950 1 672 C AV 63,500 25-JUN-15 85,000 .75
0.01 7 R10 195 MITSCHER RD 1 14 1988 1 1040 C AV 106,500 15-JUN-15 130,000 .82
2.00 7 R10 52 SPRUANCE RD 1 3 1971 1 1075 C- AV 109,100 30-JUN-15 128,000 .85
0.00 7 R10 36 UPLAND AVE 1 14 1951 1 966 C GD 122,000 25-JUN-15 134,900 .90
0.00 6 R10 1572 N LITTLE CREEK RD 1 14 1954 1 1285 C AV 119,700 05-JUN-15 115,000 1.04
6.00 14 R10 340 TRIBBITT ST 1 13 2014 2 1408 C+ AV 122,400 30-JUN-15 145,000 .84
5.00 2 R10 512 S GREENBERRY LN 1 13 2010 2 1280 C+ AV 142,400 01-JUN-15 149,400 .95
2.00 14 R10 42 TALLOWICK LN 1 5 1987 2 1448 C+ AV 139,300 08-JUN-15 170,000 .82
1.057 102 R50 39 PAR HAVEN DR 1 20 1978 1 1008 C- AV 43,600 30-JUN-15 42,000 1.04
2.00 17 R10 13 LAMPLIGHTER LN 1 13 1983 2 1120 C AV 100,500 08-JUN-15 99,000 1.02
4.00 2 R10 127 DAVIS CIR 1 14 1961 1 924 C- AV 105,100 30-JUN-15 110,000 .96
0.00 12 R10 1136 WOODSEDGE RD 1 5 1961 2 2349 B AV 194,600 19-JUN-15 230,000 .85
7.00 7 R10 797 S HALSEY RD 1 2 1951 1 720 C AV 82,900 26-JUN-15 119,900 .69
1.00 6 R10 184 HOLMES ST 1 8 2004 2 1436 C+ AV 149,400 16-JUN-15 124,900 1.20
7.00 6 R10 133 LADY BUG DR 1 13 2008 2 1916 B- AV 138,700 18-JUN-15 167,000 .83
0.00 6 R10 543 CRAWFORD AVE 1 5 1967 2 1544 C+ AV 153,800 26-JUN-15 142,250 1.08
0.00 12 R10 365 KESSELRING AVE 1 5 1965 2 1550 C+ GD 158,200 10-JUN-15 155,000 1.02
Paj 150
CITY MANAGER’S
MONTHLY REPORT
JUNE 2015
City Manager’s Monthly Report, June 2015
Paj 151
Customer Services
In the month of June, we processed 5,254 credit card payments for the month totaling $1,062,313.40.
Human Resources
Continued contract negotiations.
Library
659 attended 66 programs for adults.
352 attended 29 programs for teens.
877 attended 33 programs for children.
21 volunteers completed 328 hours of service.
166 attended 36 programs/classes coordinated through the Job Center.
Public Works
Working on CIP and additional funding for future street program and other projects.
2 City Manager’s Monthly Report, June 2015
Paj 152
CUSTOMER SERVICES
WORK ORDERS PROCESSED Extensions382
of Credit 398
3,000 400 358
308 292 300
2,500
2,018
2,161
2,053 300 268
1,998
1,855 1,861
2,000 1,776 1,749 202 211 208
1,5701,599 1,630
1,437 200
1,500 1,298
1,000 100
500
Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May - Jun- 0
Jun- Jul- Aug - Sep - Oct- Nov- Dec- Jan- Feb- Mar- Apr - May- Jun-
14 14 14 14 14 14 14 15 15 15 15 15 15
14 14 14 14 14 14 14 15 15 15 15 15 15
CUSTOMER PAYMENT USAGE CUTS FOR NON PAYMENT
80,000 $2,000,000
61,618
63,011
60,000 $1,600,000
40,000 $1,200,000
27,567
27,585
22,93620,705
$800,000
20,000
1,893 3,574
$400,000 $193,938
0 $161,393
Drive-Thru Over the Mail, Drop Credit Bank $-
Window Counter Box Cards Drafts June 2015 June 2014 FYTD15 FYTD14
2015 YTD 2014YTD
FY 2015 FY 2014
Major Program Updates Jun 2015 Jun 2014 Difference
Year-to-Date Year-to-Date
Number of Customers Served 20,156 20,473 (317) 251,108 252,892
Final Bills 757 646 111 7,852 7,639
Estimated Bills 205 177 28 2,117 2,060
Penalties Posted $ 14,287 $ 16,591 (2,305) $ 214,251 $ 231,644
Extensions of Credit - Amount Extended $ 92,850 $ 56,721 36,129 $ 1,052,953 $ 901,243
Balance Transfers $ 2,488 $ 41,235 (38,746) $ 67,981 $ 103,986
Utility Collections $ 41,127 $ 16,928 24,199 $ 674,334 $ 289,716
Special Assessments $ - $ - - $ - $ -
Miscellaneous Billings $ 100,085 $ 64,547 35,538 $ 1,204,928 $ 1,311,525
CNP through Disconnect Collars $ - $ - - - 202
Court Cases - - - - -
Tamperings - - - - 4
Taxes Levied (includes carry forward) $ 404,924 $ 222,647 182,276 $ 10,914,236 $ 10,914,236
Billing Adjustments $ - $ (13,696) 13,696 $ 14,031 $ 14,031
Total Taxes Collected $ - $ 8,531 (8,531) $ 10,727,847 $ 10,727,847
Taxes Outstanding $ - $ 200,420 (200,420) $ 200,420 $ 200,420
Payments in Lieu $ - $ 145,420 (145,420) $ 10,000 $ 145,420
City Manager’s Monthly Report, June 2015 3
Paj 153
HUMAN RESOURCES
June July August Sept Oct Nov Dec Jan Feb Mar April May June
Category 14 14 14 14 14 14 14 15 15 15 15 15 15 Total
Caucasian* 292 291 290 290 291 288 290 287 286 289 289 291 290 N/A
*
Minorities 58 58 58 61 61 61 62 63 62 63 61 63 63 N/A
Hired 3 1 1 5 5 0 5 1 0 9 5 9 3 47
Terminated/Resigned/
1 2 2 2 4 3 2 3 2 5 7 4 4 41
Retired/Other
Transferred/Promoted 0 0 1 0 3 5 1 0 0 0 0 0 4 14
Jobs Posted 3 4 4 2 3 3 3 3 2 7 2 2 2 40
Workers Comp. Inju-
1 2 2 1 2 5 1 1 3 3 3 2 2 28
ries
Workers Comp. Hours 130 86 160 51 22 32 2 17 29 312 97 231 115 1284
Insurance Claims 4 0 1 4 1 1 5 4 1 3 0 2 2 28
Full-time Employees: 328 Part-time Employees: 25 (3 Pitts Center, 1 Recreation, 10 Library, 4 Customer Service, 1 Central Services, (6) Police Depart-
ment)
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members.
Positions Hired: Engineering & System Operators Superintendent, (Electric); Environmental Scientist (Public Works); Customer Service (part-time)
Position Resigned/Retires: Police Officer, AS400/System Administrator, Nursery Person I, Police Clerk
Positions Transferred/Promoted: Motor Equipment Operator II to Crew Leader (Sanitation); Motor Equipment Operator I, (Water/wastewater)
to Motor Equipment I, (Sanitation); Library Page to Library Clerk I (part-time); Lineman 1st Class (Electric) to System Operator (Electric)
Positions Posted: AS/400 System Operator (IT); Customer Service Clerk II (In-House, full-time)
Recruitment Information (Positions closed in June)
American
Hispan- Asian/Pacific In Out
Position Total Female Male Unknown Black White Indian/Alaskan Unknown
ic Islander Dover Dover
Native
AS400/System Administrator 6 3 3 - 1 5 - - - - 2 4
Customer Service Clerk (In-
2 2 - - - 2 - - - - - 2
House, full time)
Unfilled/Open Positions by Department*
Unfilled/Open Positions Jun July Aug Sept Oct Nov Dec Jan Feb Mar April May June
By Department e 14 14 14 14 14 14 15 15 15 15 15 14
14
Electric 5 4 5 25 5 2 2 2 4 3 2 3 2
Public Works 10 11 11 12 11 12 12 12 13 15 13 17 16
Police 1 0 2 2 0 1 1 10 10 4 4 2 3
All Other Departments 2.5 4 3.5 4.5 5 3 3 4.5 4.5 5 4 6
5
Totals 18.5 20 21.5 23.5 21 20 18 28 29.5 26.5 24 26 27
*Not used for Budgeting Purposes
²
The following has been updated to reflected the Fiscal 2014-15 Budget
Electric: Electrical Engineer, Lineman 1st Class
Public Works: (2) Utility Maintenance Mechanic I/Wastewater, Civil Engineer l, Field Supervisor II (Grounds), Public Works Inspector (Public Works),
Motor Equipment Operator I (Streets), Motor Equipment Operator II (Streets), (2) Motor Equipment Operator I (Sanitation), Nursery Person II (Grounds),
Nursery Person I (Grounds), Field Supervisor I (Streets), Mechanic I, Motor Equipment I Water/wastewater, Utility Maintenance Mechanic Water Treatment
Plant, Water Treatment Plant Operator II
Police: (3) Police Officer
*Police Officer (4) 9/2015
All Other Departments: Customer Service Clerk II (full-time), Librarian II, LAN Analyst (IT), Service Center Clerk (Pitts Center, part-time),
Administrative Assistant (Information Technology), Library Page (part-time); AS400/System Operator (Information Technology)
4 City Manager’s Monthly Report, June 2015
Paj 154
HUMAN RESOURCES
continued
Turnover Statistics
2010 2011 2012* 2013 * 2014 2015
Total Turnover % 5.57 6.75 11.00 10.91 6.02 7.11
Termination Turnover % 0.27 1.08 0.29 1.47 .57 0
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 4.55
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 2.56
* Healthcare cost sharing implemented
** Healthcare cost sharing implemented for DOE
Average Employees
2010 2011 2012* 2013* 2014 2015
Total Number of Employees Separating from
Service 21 25 38 37 21 25
Average Number of Full-time Employees 362 356 333 325 331 331
Average Number of Part-time Employees 16 15 12 14 18 21
* Healthcare cost sharing implemented
City Manager’s Monthly Report, June 2015 5
Paj 155
INFORMATION TECHNOLOGY
Service Requests Resolved Programming Requests Completed
200 188
30 28
164
25 22
150 128
120 116 121 125
18 18 19
111
102
20 16 17 16
91 90 91 15
100 15 13
10 11
9
50 10
13
5
0
May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- 0
Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun-
14 14 14 14 14 14 14 14 15 15 15 15 15
14 14 14 14 14 14 14 15 15 15 15 15 15
Page Views - City of Dover Web Page
35,000
30,000
25,000
Pages Viewed
20,000
31,605 31,423 31,600 31,423 32,737
27,911 28,026 26,428 27,275 28,370
25,426
15,000
10,000 23,955 23,845
5,000
0
Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun-
14 14 14 14 14 14 14 15 15 15 15 15 15
Current
Performance Indicators Last Month Same Month
Month
Last Year
iSeries Availability 100% 100% 100%
Server Availability 99.89% 100% 100%
AS/400 Connections
(concurrent/authorized users)
N/A N/A N/A
PCs Supported 372 372 364
Scheduled PCs Replaced - - -
Servers Supported 30 30 19
People Trained 11 21 21
Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday
6 City Manager’s Monthly Report, June 2015
Paj 156
LIBRARY
Reference Transactions
1200
1000
800
600
400
200
0
Adult Teen Children
Jun 15
Adults – 1,323 Teens – 424 Children – 590
Circulation June 15 FYTD 15 June 14 FYTD 14
Dover residents 22,012 241,997 22,007 254,218
Ebooks 2,224 24,801 1,673 17,219
Kent residents* 14,061 159,552 15,511 180,943
Non-county residents 2,013 23,396 1,897 27,952
Registrations
Dover residents 362 4,152 461 4,511
Kent residents* 48 475 40 769
Non-county residents 2,013 23,396 1,897 27,952
Other
Visiting Patrons 28,056 333,620 29,243 323,962
Meeting Room Usage 1,381 21,185 1,512 24,121
Photocopier Usage 1,019 13,411 1,115 14,524
Computer Printing Usage 2,506 37,660 2,246 33,056
Computer Users 4,566 56,200 4,498 56,037
Wireless Computer Users 2,000 21,305 1,601 16,397
Holds (Total) 7,195 79,004 6,941 81,865
*Breakout of Kent County Residential Statistics
Circulation Registrations
Harrington: 219 Harrington: 1
Milford: 159 Milford: 1
Smyrna: 1,036 Smyrna: 9
Outside City Limits: 12,647 Outside City Limits: 37
Total Registered Users: (Card Holders)
City: 27,380 Kent County: 12,855 Outside Kent County: 1,079
Other Points of Interest:
Inter/Interlibrary: 65 items loaned out Technical services: 1,652 items added
42 items borrowed 716 items deleted
Volunteers: 328 hours of service completed
City Manager’s Monthly Report, June 2015 7
Paj 157
PUBLIC WORKS
Administration
Administrative review and inspection services continued on all residential and commercial developments.
The following residential subdivisions are in various phases of construction:
Oak Shadows Emerald Pointe Eden Hill (Residential)
Patriot Village Clearview Meadows Village of Cannon Mill
Sanitation
Monthly Total Refuse (Tons) Sanitation Hours
1,500
1200
1000
1,000 835
895
834 848 875 869 869
827
726 717 733 800
648
541
560 585 518 531
600
500 388
211 217
292
239 400
168 205 173 177
166 151 166
110 135 170
200 29
22
-
0
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Bulk Collection Mechanized Hand Trash Container
14 14 14 14 14 14 14 15 15 15 15 15 15 Collection Collection Repair/Delivery
Bulk Automated
Jun 15 Jun 14
JUNE 15 FYTD 15 JUNE 14 FYTD 14
Trips to DSWA Sandtown Landfill 181 2,149 187 2,417
Total Tonnage to DSWA 1,108.59 11,706.01 1,002.89 12,226.64
90-Gallon Containers Delivered 23 335 21 253
300-Gallon Containers Delivered 0 43 0 39
Total Man Hours-containers Delivered 22 392 29 431
CURBSIDE RECYCLING TOTAL # OF TOTAL # OF
STATS HOUSEHOLDS ACCOUNTS WEIGHT/LBS. AVE. LBS.
COLLECTED
June 2015 20,572 9,145 238,900 11.61
8 City Manager’s Monthly Report, June 2015
Paj 158
PUBLIC WORKS
continued
Streets JUNE 15 FYTD 15 JUNE 14 FYTD 14
Signed Installed 10 321 32 403
Signs Repaired 3 119 4 140
Curbs Painted Yellow (feet) 57 15,902 4,017 24,921
New Post Installed 3 42 6 70
Storm Catch Basins Repaired 4 18 4 22
Storm Catch Basin Repairing (Hrs.) 48 205 48 185
Storm Catch Basins Cleaned 3 188 3 1,548
Storm Catch Basins Cleaning (Hrs.) 6 123 6 583
Hot Mix Patching (Tons) 14 14 14 14.50
Hot Mix Patching (Hrs.) 112 112 112 112
Cold Mix Patching Hrs.) 89 351 89 362
Concrete Work (Hrs) 24 189 24 323
Concrete Patching (Cubic Yards) 4 5 4 12
Ditch Work (Hrs). 24 63 24 60
Street and Alley Maintenance (Hrs) 20 680 20 1,152
Street Sweeping (Miles) 1,626 10,688 1,626 11,106
Street Sweeping (Cubic Yards) 318 2,440 318 2,560
Leaves Collected (Cubic Yards) 0 7,638 0 14,230
Leaf Collection (Miles) 0 4,361 0 5,095
Grounds
Total Work Orders = 16 General = 10 Arborist = 6
Arborist Crew JUNE 2015 JUNE 2014
Trees Trimmed 3 16
Trees Removed 22 3
Stumps Removed 0 5
Mowed grass a good portion of the month
Cut up multiple trees
Tree Trimming
Beautification Crew
Dig up tulips from beds
Tilled up flower beds
Planted flower beds
Watered flower beds and hanging baskets
Mowing Crew
Mowed grass at various city locations
Sprayed weeds
Yard Repairs
City Manager’s Monthly Report, June 2015 9
Paj 159
PUBLIC WORKS
continued
Geographic Information Systems (GIS)
Code Enforcement Create Inspection feature class for use with tablets
Code Enforcement Created a web map and collector app for the Code
Enforcement Inspections feature class
Code Enforcement Modified Vacant and Demolished Building Feature
Classes as well as the web map
Electric Department Went to Electric Admin Building to troubleshoot
problems. Reconnected some network drives.
Public Works Checked sewer data and made changes as needed
Public Works GIS Worked on creating a report to display the fields in the
Rentals Inspection layer. Intended for use my PM Inspectors
Public Works GIS Updated the parcels, rentals & active AHI for the month.
Public Works GIS Represented the City at the DGDC meeting. Offered brief
description of current City GIS initiatives.
Public Works GIS Attended the Delaware GIS User Group meeting with Mark
Fleet and Facilities Management
PM Work Orders Completed: 10 Number of Tire Repairs: 15 Number of Road Repairs: 10
Other Work Orders: 81 Repair Hours: 185.9 Road Repair Hours: 14
Total Work Orders: 91 Fabrication Hours: 7.5 Misc. Hours: 4
PM Hours: 51
# Of Scheduled PM’s: 26
# Of Scheduled PM’s Completed: 1
Major Program Updates
MEASURE June 2015 June 2014 DIFFERENCE
Fleet Maintenance - Scheduled 1 out of 26
Preventative Maintenance appoint- 3.85 % 16 out of 35
- 41.86%
ments being kept (Quantity and 45.71 %
Percentage)
10 City Manager’s Monthly Report, June 2015
Paj 160
PUBLIC WORKS
Facilities Maintenance
Facilities - Routine work orders
20 out of 23 24 out of 24
completed within 5 days (Quantity -13.04%
86.96 % 100%
and Percentage)
Facilities - Emergency work orders
out of 0 out of 0
completed within 2 days (Quantity 0%
100% 100%
and Percentage)
Water/Wastewater
Water Production/Billed Consumption/Flow to Kent
County
255000000
205000000
155000000
105000000
55000000
5000000
Jun Jul Aug Sep Oct Nov D ec Jan Feb Mar Apr May Jun
14 14 14 14 14 14 14 15 15 15 15 15 15
Total Water Prod . Billed Consumpt.
Total Flow to County City Readings
ENGINEERING SUMMARY
Major Program Updates JUNE 15 JUNE 14 DIFF FY15 YTD FY14
State and Federal Violations 0 violations 0 violations - - -
Water Quality Complaints 5 12 -7 117 113
Plan Review Completed With- 8 plans 10 plans
-2 112 93
in 30 days of Submission 100% 100%
OPERATIONAL SUMMARY
Task JUNE 15 JUNE 14 CURRENT FY
1,650,329,00
Water Production - Daily Average 5,414,200 4,778,833 0
Average Field Response Time (goal is <30 minutes) 18.45 16.02 18.45
Water Mains Repaired 2 1 37
Water Service Lines Repaired 3 3 29
Wastewater Mains Repaired 1 0 8
Wastewater Service Lines Repaired 0 0 6
Sewer Lines Flushed - linear feet 131,496 167,349 1,166,195
Sewer Mains Videoed -linear feet 0 0 3,531
Total Fire Hydrants in Service 1,820 1,819 1,820
Total Water Meters in City Distribution System 14,312 14,213 14,312
City Manager’s Monthly Report, June 2015 11
Paj 161
ELECTRIC DEPARTMENT
System Peak Total System Load
200 100,000
152.7 158.2 152.4 155.6
73,066
135.4 135.8 69,215 68,704
65,617 63,151 65,517 62,574
80,000
150 120.6 60,195 60,236 61,012
114.8 55,747 54,958
104.9 101.1 104.7 103.8 51,470
90.95
60,000
100
40,000
50 20,000
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
14 14 14 14 14 14 14 15 15 15 15 15 15 14 14 14 14 14 14 14 15 15 15 15 15 15
Outages Customers of Gained/Lost
35 8,000
20 18
25 6,000 15
Customers
15
Outages
11 11 11 12
15 4,000
10 7 6 6
5 2,000 4 4 4
5 2
-5 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 0
14 14 14 14 14 14 15 15 15 15 15 15
0
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Outages Customers 14 14 14 14 14 14 14 15 15 15 15 15 15
Outages: 11 Customers: 1385
Electric Monthly Outage Report
The annual outage goal will be less than 295 Controllable Outages Average Response Time
minutes per customer, which is a Delaware Annual goal is less than 40 Goal is less than 30 minutes
Standard. This will be measured by calculating
the System Average Interruption Duration Index. Month Year-to-date Month Year-to-date
FY 15 YTD FY 14 FY 13
1 27 29.5 Minutes 27.0 Minutes
45.64 67.92 50.74
JUNE 15 JUNE 14 FY15 YTD
PROGRAM UPDATES
Tree Trimming 574 250 4795
Number of Oil Releases 2 2 6
Lost Time Accidents – All Electric Utility Divisions 0 1 0
New Services 6 18 93
12 City Manager’s Monthly Report, June 2015
Paj 162
ELECTRIC DEPARTMENT
continued
June 2015 Electric (EE Capitol Improvement Projects (CIP)
Project Number Description Update
Horsepond Progress: Work is Complete
EE1308
Substation
Progress: Switchgear bids were approved by Council to PEI. Material List and
General Scott
General Arrangement drawings are approved.
EE1312 Switchgear
Replacement Schedule: FY15 is for Design |FY16 budget is for construction.
Progress: Work activities are moving forward. Going to clear up a few issues
on N. Governors Blvd.
Capitol Park
EE1314
Upgrade Schedule: Scheduled for completion May 2015 weather permitting. A few
services on old N. Governors Blvd. section inner loop.
Progress: All poles & transmission lines are installed and energized.
Remaining poles need to be removed and distribution placed back to normal.
GOTP Contractor was pulled off project for 3 weeks for weather and storm damage
EE1443 Transmission Line (other areas)
Relocation
Schedule: Work activities are moving forward & should be completed by
early-July.
Progress: Soil boring is complete and preliminary steel pole design complete.
69kV Rebuild
Project Construction drawings to be started in July.
EE1500 (Horsepond to
Long Point) Schedule: FY15 is for Design |FY16 budget is for construction.
Progress: State of Delaware requested project to be delayed to FY16.
EE1505 DNREC R&R
Schedule: Project on Hold | funds moved for other FY15 projects
Progress: All underground distribution work is complete on Kesselring
West Dover Property/New Burton Road |Work to begin on Saulsbury Road.
EE1509 Connector -
State of DE Schedule: Planning on starting on Saulsbury Road after Playtex & Garrison
Oak.
Town Point Progress: City crews continuing the installation underground wire.
EE1513 Distribution
Feeders Schedule: Project is under construction
Progress: No other work can proceed in development without contractor
installing conduit
Chestnut Grove
EE1516
Subdivision Schedule: Not Scheduled | Contractor responsible for conduit installation in
development
69kV Cable Progress: Currently investigating the cables placement & engineering design.
Replacement – Design is FY15 budget.
EE1520
North St.
Schedule: FY16 construction to begin.
Substation
Garrison Oak Progress: Primary underground cable was installed. Working lighting stand-
Technical Park ards.
EE1522
Infrastructure
Schedule: Work activities are moving forward.
Phase 2
City Manager’s Monthly Report, June 2015 13
Paj 163
ELECTRIC DEPARMENT
continued
Progress: Currently design is complete | Material has been allocated | Fees
have been received for Phase I.
Lenders Lake
EE1524
Apartments Schedule: No Work Scheduled | Contractor responsible for conduit installa-
tion in development
Progress: Boring of Railway complete. Equipment pads set beginning work on
College Road feeder.
Schedule: Changing daily with latest completion requested for Mid September
EE1526 Playtex Addition of 2015 | Expecting a preliminary response by April 1st from Norfolk Southern
Railway (expected to take 6-8 months).
DAFB Temporary Progress: Work is Complete
EE1527
Concrete Plant
W. Denney's Progress: Work is Complete
EE1529 Bridge Project -
State of DE
Bay Health URD Progress: Work is Complete
EE1530
Relocation
Windstream Progress: Work is Complete
EE1531
DAFB/College Rd
Dover Litho Pad Progress: Work is Complete
EE1532
Sites 1 & 2
DE State Police Progress: Work is Complete
EE1533
Generator Project
Hardees Rte 13 Progress: Work is Complete
EE1534
Damage
Eden Hill Lights Progress: Work is Complete
EE1535
Phase 1
Progress: Preliminary Design complete & Fee Schedule established. Waiting
on owner to agree to fees prior to any further work on project. This is the 3rd
Troutman time customer requested & previous (2) two instances, customer declined.
EE1536
Machines
Schedule: No work scheduled
Progress: Preliminary Design complete.
Kirby & Holloway
EE1537
Restaurant
Schedule: No work scheduled
Progress: Currently in Design
North Street
EE1538 Sidewalk
Improvements
Schedule: No Work Scheduled
Progress: Preliminary design is complete. Waiting on owner to agree to
Keystone project prior to any continuation of work.
EE1539
Automotive
Schedule: No Work Scheduled
14 City Manager’s Monthly Report, June 2015
Paj 164
ELECTRIC DEPARMENT
continued
Progress: Currently design is complete
College Road
EE1540 Substation PT
Replacement
Schedule: Waiting on Material
Blue Hen Progress: Some work has been performed on Phase 1.
EE1541
Corporate Ctr. Schedule: Work activities are moving forward.
Westminster Progress: Work is Complete
EE1542
Village
Habitat for Progress: Work is Complete
EE1543 Humanity S.
Kirkwood St.
Progress: Currently design is complete
Nottingham
EE1544 Meadows -
Wellington Ave Schedule: No Work Scheduled | Contractor responsible for conduit
installation in development
Progress: Work is Complete
Firefly Lights -
EE1545
Persimmon Tree
Progress: Complete and awaiting contractor installation to energize service.
EE1546 Deltech Signs
Schedule: Work activities are moving forward.
Progress: Contractor has installed conduit &equipment pads. Awaiting
NBR Properties applications, inspections, easements and payments.
EE1547
New Burton Rd
Schedule: Work activities are moving forward.
City Manager’s Monthly Report, June 2015 15
Paj 165
16 City Manager's Monthly Report, June 2015
Paj 166
City Planner’s Monthly Report
Planning, Inspections & Recreation
JUNE 2015
Planning, Inspections &
Recreation Highlights
Central Delaware Habitat for Humanity focused its house
construc on efforts on South Kirkwood Street during its Blitz
Build the week of June 8th. Working with City Planning, In‐
spec ons, and Public Works staff regarding permit approvals
and inspec ons, Habitat was able to complete construc on
of one home and made significant progress on a second
28 South Kirkwood Street
home. This effort to provide owner‐occupied housing in with
Dover’s Downtown Development District.
Two outdoor music fes vals, Firefly and Big Barrel Fes val, were held in June on lands of Dover Interna‐
onal Speedway. Staff involvement included business licensing and the Office of the Fire Marshal inspec‐
ons.
Summer Camps - Super Summer Playground and Camp Small Wonder have kicked off for this season.
Summer playground registra on seems to be picking up each week, having the op onal weekly sign up
has benefited parents by offering them a chance to pay weekly and for only the me they really need.
Camp Small Wonder packed seven weeks of awesome camp fun into their program this year and regis‐
tra on is pleasing. Our sports camps are slated to beginning in July.
Silver Lake Clean Up - Hugh Youth Obrien kids par cipated in mulching, weeding, and plan ngs along
Park Drive. Working with members of the Silver Lake Commission and city staff, a total of nine truck
loads of mulch were spread in the area in addi on to cleaning out weeds and invasive weed species.
Adult Kickball League - Proudly we have started a new adult league to get folks out and promo ng fun
healthy lifestyles. This Wednesday night league takes place at New Street Park. Stop by to check out to
watch a game. We are hoping to repeat this league in the future, as feedback has been posi ve.
Spring & Summer Performing Arts on The Green - Kicking off on May 28th, the 2015 series has been
right on target with bringing in the family, young and old alike to The Green (or Pi s Center when it’s
rained). We’ll have some a endance numbers available next month. Thursdays at 7 pm, on The Green.
Revenue Projections Exceeded - We exceeded our FY15 Revenue Projec on by approx. $520.00.
Paj 167
Planning, Inspections & Recreation Revenue
FY '15 Budget FY '15 Actual
(YTD)
Revenue Stream
Looking Forward…..
Business License $1,460,000 $ 1,403,100 96%
Trailer License $23,000 $ 20,043 87% Soball League
Building Permits $565,000 $ 640,436 113% Champions
Cert. of Occupancy $6,200 $ 7,880 127%
Public Occupancy $10,000 $ 10,183 102% Lacrosse League
Lodging House $16,000 $ 14,605 91%
Sports Camps
Plumbing/Heating/Air $75,000 $ 71,682 96%
Sprinkler $35,000 $ 28,318 81%
Rental Inspection Fee $345,000 $ 353,645 103%
Miscellaneous $30,000 $ 43,170 144%
Fire Protection Fees $31,000 $ 37,160 120%
Vacant Building Reg. $60,000 $ 141,750 236%
Total P&I Revenue $2,656,200 $ 2,771,971.30 104%
Recreation $148,800 $ 149,318 100%
PLANNING OFFICE
The Planning Office is part of the review process for certain types of construction activity
permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits. For
June 2015, Planning Staff was involved with review of 84 Permits and 9 Certificates of Oc-
cupancy permits. (2015 calendar year total of 467 Permits and CO’s compared to 439 for
2014). Planning Staff also reviews new applications for Business Licenses and Rental
Dwelling Permits.
COMPREHENSIVE PLAN IMPLEMENTATION
Planning Staff continues to focus on the various implementation items identified in the 2008
Comprehensive Plan as amended.
On-going efforts of the Planning Office include and research for future ordinance amend-
ments related to the Recreational and Commercial (RC) zone and temporary activities.
The Planning Office is also involved in the following studies and projects: City Recrea-
tional Needs Assessment, Restoring Central Dover Community Plan, and Transportation
Improvement Districts.
Paj 168
Construction Activity
Project work remains to complete the site improvements at the new Dover High School for
the eastern areas of the site including the baseball/softball field areas. Temporary Certifi-
cates of Occupancy are in place with conditions. A Project Coordination meeting is sched-
uled for early July to discuss project status (C-10-05/S-11-18)
For the Leander Lakes Apartments project, the foundation and building construction con-
tinues on the community center building and three apartment buildings. The apartment
complex is located south of Forrest Avenue/Route 8 and west of Dover High Drive. (S-12-
18)
The Planning Staff continues to participate in coordination conference calls with Calpine
regarding the Garrison Energy Center project at 450 Garrison Oak Drive (Lot 7 of the Gar-
rison Oak Technical Park). The project construction is in the final stages for the Garrison
Energy Center Phase 1 (S-12-17). The Planning Office continues to wait for receipt of
State DNREC permits for the Above Ground Storage Tank before approving the Adminis-
trative Site Plan (S-14-20) for the addition of a Fuel Oil Tank.
Construction activities are wrapping up at the Uzin Utz Manufacturing facility at 200 Gar-
rison Oak Drive (Lot 12 of the Garrison Oak Technical Park). Certificate of Occupancy
inspections were completed in June in order to issue a Temporary Certificate of Occupan-
cy. (S-13-20)
Paj 169
BOARD AND COMMISSION ACTIVITY
Planning Commission
The Planning Commission did not meet on June 15, 2015. The next Planning Commission
meeting is scheduled for July 20, 2015.
Board of Adjustment
The Board of Adjustment met on June 17, 2015. The next regular scheduled meeting of the
Board of Adjustment is scheduled for July 17, 2015. The following applications were consid-
ered:
V-15-08 Variance approval to allow construction of a 158 foot telecommunications tower
and associated facilities.
V-15-09 Variance approval to allow construction of a 125 foot telecommunications tower
and associated facilities.
Historic District Commission
The Historic District Commission did not meet on June 18, 2015. The next Historic District
Commission meeting is scheduled for July 16, 2015.
Garrison Energy Center
Paj 170
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CDBG FY14 Projects
Homeownership Assistance Program
Six (6) first time homebuyers have purchased affordable housing in the City of
Dover properties using the Dover First Start Program.
Dover Interfaith Mission for Housing
CDBG funds will be used for operations cost for the shelter. This project has been
completed.
NCALL Research
CDBG funds will be utilized for pre-purchase homeownership counseling services
for up to ten (10) Dover residents.
Elizabeth W. Murphey School
CDBG funds will be used for the roof replacements for one building on the campus
that services children that are at risk for homelessness. This project is completed.
Restoring Central Dover Initiative
NCALL was awarded a $750,000 Implementation Grant for the Restoring Central Dover
Initiative funded by the Wells Fargo Regional Foundation. The Grant Announcement Cer-
emony was held on June 22, 2015 at the Solid Rock Community Outreach Center.
Five (5) Year Consolidated Plan 2015-2019
Hud has approved the City of Dover’s Five Year Consolidated Plan. Staff is presently
working on completing Environmental Reviews for the FY15 Action Plan projects. Staff
completed a three (3) day Environmental Training Workshop at the HUD Philadelphia
Field Office from May 26-28, 2015.
Mayors Challenge to End Veterans Homelessness
The Mayor’s Task Force for Ending Veterans Homelessness set a goal to house 22 Veter-
ans by June 10, 2015. A 100th Day Celebration has been scheduled for June 12th at the
Kent County Levy Court Building where it was announced that the Task Force exceeded
its goal and housed 24 Veterans within 100 days.
Paj 171
Dangerous Buildings, Vacant Buildings & Demolitions
200 N. West Street—The owners obtained a permit in June of 2014. Since that time mini-
mal work has been done to the property and no inspections have been scheduled. The per-
mit is due to expire on June 9, 2015. Once the permit expires, the owners will be notified
that the property will be taking to City Council for authorization for demolition.
1370 College Road—The property was presented to the Dover City Council on October
25, 2014 as a dangerous building with the recommendation to have the structure demol-
ished. The asbestos survey and asbestos abatement activities have been completed with
demolition set for July.
5 Welch Drive—Demolition is complete.
307 W Division Street —All repairs have been made by the home-owner.
312 W. Loockerman Street—Notice was sent to the lien holders to make repairs to the va-
cant structure by January 6, 2015, or City Staff would schedule a date with Council to de-
clare the building dangerous and request to have the building demolished. On February
19th the City Historic District Commission ruled that Demolition by Neglect was occur-
ring and recommended the owner have 6 months to make repairs or to have the building
demolished. On March 9th City Council declared the building dangerous and the owner
was given until September 9, 2015 to repair or demolish the building.
363 Rita-Wilma Way—The two abandoned mobile homes on this lot have been con-
demned as unfit for human occupancy and boarded. The lien holders and the property
owner have been notified to make repairs or demolish the homes by December 29, 2014.
When no repairs were made to the homes, the structures were presented to City Council
on March 9, 2015. The owners were giving until May 9th to repair or demolish the struc-
tures. The owner has obtained Demolition Permits for the mobile homes.
110 Rustic Lane—This building was condemned by City Staff and the dangerous building
process has begun. The home was boarded and a lien search has been requested. The
property will be presented to City Council on July 27th.
222 W. Reed St—City Staff brought forward this property to City Council on May 26,
2015, and requested that the structure be demolished. The owner requested additional
time to make repairs and City Council gave the owner until August 26, 2015, to make the
repairs.
Vacant Buildings—During the month of June, twenty-four (24) additional buildings were
registered as vacant, and $9,050.00 in vacant building registration fees were collected.
Paj 172
Code Enforcement Activity—JUNE
Case Type # cases current # cases % staff ini ated % staff ini ated
month YTD current month YTD
No valid Rental Permit 5 131 100% 96%
No valid Building Permit 8 25 80% 72%
Tall grass and weeds 109 382 83% 83%
Unregistered vehicle 1 16 75% 88%
Abandoned vehicle 8 56 75% 80%
Annual Housing Inspec on 8 183 88% 90%
Property Maintenance – 60 319 70% 67%
Exterior
Electric Termina on 30 105 3% 30%
Dover Code of Ordinances 59 324 85% 76%
Zoning 19 44 58% 52%
Total Cases 307 1586
Total # of Inspec ons For 431
Month
139 Mitscher Road—Dangerous Building
Paj 173
Fire Marshal’s Office, Building Inspections & Licensing Summary
LIFE SAFETY July14‐June1 5 June 2014 July13‐June14
Inspec ons JUNE 15 FYTD 15 JUNE 14 FYTD 14
Annual Fire/Life Safety Inspec ons 35 403 15 162
Fire/Code/DCO Complaints 30 478 67 168
Inspec on Deficiencies from AFI 73 983 35 261
C/O & Acceptance Tests
27 118 0 15
Administra ve Walk Thru 19 106 ‐ ‐
Plan Review 9 ‐ ‐ ‐
Accidental $16,100 $421,000 $0.00 $1,127,000
Incendiary $0 $73,600 $100,000 $100.00
Undetermined $0 $22,900 $45,000 $65,000
PERMITTING AND LICENSING
Permits Issued
JUNE 15 FYTD 15 JUNE 14 FYTD 14
Administra ve Permit 2 27 1 11
Building Addi on/Renova on Permits 28 407 44 179
Building Permits
26 210 20 83
Demoli on Permits
3 50 11 33
Fence Permits 12 97 19 56
Fire Preven on Permits 8 98 8 37
Mechanical Permits
35 309 22 156
Plumbing Permits
26 285 21 132
Sign Permits 20 253 18 111
Swimming Pool Permits
4 13 4 9
Business Licenses
966 2032 1428 1542
Merchant Licenses
91 299 182 197
Contractor Licenses
368 1022 681 837
Lodging House Licenses
0 55 0 44
Mobile Homes
115 418 133 156
Public Occupancy 8 407 4 314
Rental Dwelling 18 3539 20 2882
BUILDING INSPECTIONS
Inspec ons JUNE 15 FYTD 15 JUNE 14 FYTD 14
Building
341 3863 277 3,140
Plumbing/Mechanical
244 3373 291 3,255
Cer ficate of Occupancy 8 160 9 91
Paj 174
Fire Marshal’s Office—At a Glance
Fire Marshal Timothy Mullaney attended the
Delaware State Police Academy where he suc-
cessfully completed the three day “Advanced
Interview & Interrogation Techniques” course
offered by the Delaware State Police for con-
tinued education requirements as defined by
the Council on Police Training.
Recreation Division
Enrollment Summary
JUNE 2014 verses JUNE 2015
800
600
400 FY14
200 FY15
0
General Trips Camps
Recreation
Category FY14 FY15
General Recrea on 252 170
Sports 184 115
Trips 0 0
Leagues 562 572
Camps 471 253
Paj 175
Revenue Breakdown: June 2015 verses June 2014
General Recreation General R e cre ation
Sports Sports
Trips Trips
Leagues
Le ague s
Building & Field Rentals
Bu ild ing & Field Rentals
Camps
Camps
Camp Small Wonder
Camp Sma ll Wonder
General Recreation $2,435.00 General Recreation $1,679.00
Sports $180.00 Sports $1,195.00
Trips $0.00 Trips $70.00
Leagues $7,505.00 Leagues $7,505.23
Building & Field Rentals $1,025.00 Building & Field Rentals $2,135.00
Camps $6,300.00 Camps $4,355.00
Camp Small Wonder $26,040.10 Camp Small Wonder $20,067.18
Paj 176
John W. Pitts Recreation Center – JUNE 2015
Total Program Attendance Facility Usage By The Hour
20,000 1,000
15,000 800
600
10,000
400
5,000 200
0 June 14 0 June 14
July 14
Aug 14 July 14
Aug 14
Sept 14
Sept 14
Oct 14
Nov 14 Oct 14
Nov 14
Dec 14
Jan 15 Dec 14
Jan 15
Feb 15
Feb 15
Mar 15
Apr 15 Mar 15
Apr 15
May 15
June 15 May 15
June 15
Facility Usage By The Hour JUNE 15 FYTD 15 JUNE 14 FYTD 14
Open Gym 357 4,746.5 405.5 5,112.25
Fitness Classes 41.5 465.5 52.25 670.25
Leagues 42.5 905 36 906
Camps 302 1,066 208 795.5
Sports Classes 12 257 14.5 239.25
Meetings & Rentals 12 376 23 331.5
Enrichment Classes 0 14 1.5 76
Total Facility Usage Hours 767 7,830 740.75 8,130.75
Daily Program Attendance** JUNE 15 FYTD 15 JUNE 14 FYTD 14
Total 2,511 55,860 2,892 51,017
Open Gym 464 6,222 399 5,699
Fitness Classes 273 3,231 355 4,316
Leagues 1345 33,803 1,292 29,019
Camps 228 1,413 342 1,780
Sports Classes 77 2,416 194 2,568
Meetings & Rentals 124 8,720 296 7,457
Enrichment Classes 0 55 14 178
Since our opening in late April 2008, we have had 386,327 guests at the John W. Pitts Recreation Center.
June Open Gym Registrations and Packages Sold
Packages Sold: JUNE MTD YTD FYTD
Daily: 26 $78 361 $1,083
Individual Quarterly: 1 $15 15 $225
Individual Annual: 0 $0 4 $120
Family Quarterly: 0 $0 3 $75
Family Annual: 0 $100_ 1 __ $100__
Revenue: $193 $1,603
Paj 177
CITY OF DOVER
FINANCE AND PROCUREMENT & INVENTORY DEPARTMENTS
JUNE 2015 PRELIMINARY - MONTHLY BUDGET REPORTS
PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE OPERATING
FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO
CONTACT THE FINANCE DEPARTMENT.
Paj 178
CITY OF DOVER
ACTIVITY REPORTS
JUNE 2015
FINANCE DEPARTMENT ACTIVITY LEVELS
FY14 YTD FY15 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 6,589 7,081
Total Amount of All Deposits $ 135,215,574 $ 139,660,260
PAYROLL
Hours % Amount Hours % Amount
Gross wages per registers 858,687 100.0% $ 20,044,182 867,258 100.0% $ 20,657,461
Wages and Hours Worked
Regular 714,682 83.2% $ 15,371,379 711,148 82.0% $ 15,756,209
All over time 38,654 4.5% $ 1,560,615 36,281 4.2% $ 1,503,340
Other Paid or Unpaid Wages and Hours
Vacation 42,970 5.0% $ 1,115,212 43,356 5.0% $ 1,162,408
Sick 18,433 2.1% $ 456,331 18,354 2.1% $ 463,386
Terminal Leave - Retiree Vacation/Sick Payout 16,475 1.9% $ 548,898 21,385 2.5% $ 689,232
Comp Time 9,572 1.1% $ 267,544 9,204 1.1% $ 266,393
Personal 1,638 0.2% $ 46,766 1,909 0.2% $ 57,643
Leave Without Pay 4,285 0.5% $ - 3,630 0.4% $ -
Other (description below) 11,978 1.4% $ 677,402 22,002 2.5% $ 758,850
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation tracking/adjustments, etc.
Other Activity
Number of Pay Periods 26 26
Number of Payroll Checks & Direct Deposits Issued 9,399 9,614
Number of Pension Checks Issued 3,068 3,038
Total Pension Benefits Paid - Defined Benefit Plan $ 5,176,489 $ 5,212,267
ACCOUNTS PAYABLE
Number of Check Vouchers 6,086 6,087
Number of EFT Vouchers 2,498 2,575
Vouchers Dollar Amount Disbursed $ 86,206,192 $ 88,505,331
PROCUREMENT & INVENTORY ACTIVITY LEVELS
Contingency & Warehouse Stock
$2,800,000
$2,700,000
$2,600,000
Total Dollar Value
$2,500,000
$2,400,000
$2,300,000
$2,200,000
$2,100,000
$2,000,000
Series2 Series3
Value: $2,577,380 Line Items: 1,432
Fuel Use
Unleaded: 11,797.1 gallons
Diesel: 6,898.3 gallons
Total Cost: $ 39,085
Paj 179
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
General Fund Summary
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 3,393,000 $ 4,361,500 $ 4,361,532 $ (32) 100.0%
Revenues
Court of Chancery Fees 1,023,000 1,074,400 1,014,780 59,620 94.5%
Fines & Police Revenues 1,288,800 1,288,800 1,169,422 119,378 90.7%
Franchise Fees 636,000 656,400 598,474 57,926 91.2%
Grants 623,500 623,500 733,904 (110,404) 117.7%
Intrafund Services 4,863,000 4,959,300 4,814,309 144,991 97.1%
Library & Recreation Revenues 670,400 710,400 630,142 80,258 88.7%
Licenses & Permits 2,814,200 2,814,200 2,893,282 (79,082) 102.8%
Property Taxes (Includes BID Revenue) (1) 11,099,200 11,136,300 11,176,766 (40,466) 100.4%
Miscellaneous Revenues 93,900 67,600 164,985 (97,385) 244.1%
Sanitation Revenues 2,595,600 2,580,000 2,578,892 1,108 100.0%
Other Miscellaneous Revenues
Garrison Farm Rent Revenue 101,400 92,300 107,472 (15,172) 116.4%
Transfers-In from Special Funds & Utilities
Municipal Street Aid Fund 663,900 664,200 664,267 (67) 100.0%
2014 Revenue Bond Proceeds - 475,000 475,000 - 100.0%
Civil Traffic Penalties 500,000 450,000 495,182 (45,182) 110.0%
Transfer Taxes 1,250,000 1,525,200 1,786,213 (261,013) 117.1%
Verizon, Contingency and CI Reserves 4,000 54,000 50,000 4,000 92.6%
Police Grants 124,000 124,000 127,130 (3,130) 102.5%
Water/Wastewater Fund 500,000 500,000 500,000 - 100.0%
Electric Fund 10,000,000 10,000,000 10,000,000 - 100.0%
Total Revenues 38,850,900 39,795,600 39,980,220 (184,620) 100.5%
Total Beginning Balance & Revenues $ 42,243,900 $ 44,157,100 $ 44,341,752 $ (184,652) 100.4%
Expenditures
City Clerk & Council $ 489,800 $ 493,300 $ 470,434 $ 22,866 95.4%
Mayor, City Manager & Human Resources 1,047,100 1,064,900 992,803 72,097 93.2%
Police & Police Extra Duty 14,698,600 15,056,100 15,352,017 (295,917) 102.0%
Public Services 4,551,700 4,548,000 4,204,334 343,666 92.4%
Engineering 192,600 193,700 26,996 166,704 13.9%
Procurement & Inventory, Facilities Mgmt., Vehicle Maint. 1,990,100 2,036,000 2,002,973 33,027 98.4%
Planning & Inspections 2,192,400 2,241,900 2,155,717 86,183 96.2%
Finance, Info Tech & Customer Services 2,716,100 2,756,100 2,722,252 33,848 98.8%
Library & Recreation 2,099,500 2,132,800 2,039,052 93,748 95.6%
Fire Department 716,100 716,100 680,658 35,442 95.1%
Assessor 309,500 319,100 303,439 15,661 95.1%
Contribution to DDP 70,000 70,000 70,000 - 100.0%
Miscellaneous Grant Expense 25,000 25,000 - 25,000 0.0%
Other Employment Expenses 500,000 63,200 - 63,200 0.0%
Insurance 724,800 675,000 674,775 225 100.0%
OPEB - Retiree’s Health Care Contribution 1,636,500 1,636,500 1,636,500 - 100.0%
Police Pension Trust Contribution - State Grant 500,000 500,000 629,910 (129,910) 126.0%
Appropriation to Employee Pension Fund - Unfunded Liability - 543,000 543,000 - 100.0%
Appropriation to Police Pension Fund 655,000 755,000 755,000 - 100.0%
Street Lights 774,500 774,500 775,197 (697) 100.1%
Debt Service 708,600 948,400 962,312 (13,912) 101.5%
Transfers Out
Contingency - 300,000 300,000 - 100.0%
Capital Asset Reserve - 60,000 60,000 - 100.0%
Parkland Reserve - 25,000 25,000 - 100.0%
Uncollectible Reserve 50,000 50,000 50,113 (113) 100.2%
Capital Projects Fund 2,196,000 2,196,000 2,196,000 - 100.0%
Total Expenditures 38,843,900 40,179,600 39,628,482 551,118 98.6%
Budget Balance - Working Capital (Unaudited) 3,400,000 3,977,500 4,713,270 (735,770) 118.5%
Total Budget Balance & Expenditures $ 42,243,900 $ 44,157,100 $ 44,341,752 $ (184,652) 100.4%
Reserve Balances (Unaudited)
Contingency $ 467,900 $ 719,200 $ 720,334
(1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 6/30/15 is $159,782
as compared to $198,736 in June 2014.
Paj 180
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Water/Wastewater Fund Summary
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 658,400 $ 783,500 $ 783,541 $ (41) 100.0%
Beginning Balance - Wastewater (98,500) 19,900 19,921 (21) 100.1%
Beginning Balance - Kent County Treatment 155,000 - - - 0.0%
714,900 803,400 803,462 (62) 100.0%
Revenues
Water Fees 4,616,400 4,616,400 4,889,046 (272,646) 105.9%
Wastewater Fees 3,706,800 3,706,800 3,735,855 (29,055) 100.8%
Kent County Treatment Fees 2,902,600 2,902,600 2,952,857 (50,257) 101.7%
Ground Water Inflow Adjustment 1,862,500 1,862,500 1,831,784 30,716 98.4%
Water Tank Leases 331,900 331,900 344,842 (12,942) 103.9%
Miscellaneous Service Fee 179,600 87,000 74,111 12,889 85.2%
Impact Fees - Water 472,700 416,700 536,922 (120,222) 128.9%
Impact Fees - Wastewater 427,900 462,400 482,236 (19,836) 104.3%
Total Revenues 14,500,400 14,386,300 14,847,653 (461,353) 103.2%
Total Beginning Balance & Revenues $ 15,215,300 $ 15,189,700 $ 15,651,115 $ (461,415) 103.0%
Expenses
Water/Wastewater Operating Divisions
Engineering & Inspection $ 500,900 $ 502,400 $ 468,706 $ 33,694 93.3%
Water 485,300 488,600 399,530 89,070 81.8%
Water Treatment Plant 1,576,900 1,582,200 1,452,318 129,882 91.8%
Wastewater 974,100 975,400 790,525 184,875 81.0%
Construction 252,500 253,300 260,383 (7,083) 102.8%
Kent County Treatment 3,655,000 4,004,200 4,127,919 (123,719) 103.1%
Intrafund Service Fees 1,354,900 1,371,100 1,340,125 30,975 97.7%
OPEB - Retiree's Health Care Contributions 200,000 200,000 200,000 - 100.0%
Debt Service 1,152,000 1,152,000 1,137,282 14,718 98.7%
Other Employment Expenses 17,700 5,500 - 5,500 0.0%
Transfers Out
General Fund 500,000 500,000 500,000 - 100.0%
Water I & E Fund 1,200,000 1,200,000 1,200,000 - 100.0%
Wastewater I & E Fund 1,800,000 1,800,000 1,800,000 - 100.0%
Total Expenses 13,669,300 14,034,700 13,676,788 357,912 97.4%
Budget Balances
Budget Balance - Working Capital - Water (Unaudited) 1,020,100 861,600 1,538,210 (676,610) 178.5%
Budget Balance - Working Capital - WW (Unaudited) (739,200) 293,400 436,117 (142,717) 148.6%
Budget Balance-Working Capital - KSA (Unaudited) 1,265,100 - - - 0.0%
Total Budget Balances 1,546,000 1,155,000 1,974,327 (819,327) 170.9%
Total Budget Balances & Expenses $ 15,215,300 $ 15,189,700 $ 15,651,115 $ (461,415) 103.0%
Reserve Balances (Unaudited)
Contingency-Water $ 107,700 $ 104,900 $ 105,189
Contingency-Wastewater $ 194,800 $ 189,700 $ 190,209
Impact Fee Reserve - Sewer $ 1,552,300 $ 1,463,400 $ 1,467,373
Impact Fee Reserve - Water $ 203,900 $ 200,500 $ 201,038
Bond Coverage Ratio (Covenant 1.20) 4.29 3.88 4.64
Paj 181
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Electric Revenue Fund Summary
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 9,253,600 $ 6,602,900 $ 6,602,899 $ 1 100.0%
Revenues
Sales to Customers 78,043,000 76,543,700 77,011,592 (467,892) 100.6%
Utility Tax 1,296,900 1,258,300 1,266,872 (8,572) 100.7%
Weyandt Hall Rents 200,000 200,000 223,065 (23,065) 111.5%
Miscellaneous Revenues 754,600 752,000 1,166,462 (414,462) 155.1%
Interest Earned 12,000 12,000 21,219 (9,219) 176.8%
Transfer from Rate Stabilization 2,000,000 3,000,000 3,000,000 - 100.0%
Total Revenues 82,306,500 81,766,000 82,689,210 (923,210) 101.1%
Total Beginning Balance & Revenues $ 91,560,100 $ 88,368,900 $ 89,292,109 $ (923,209) 101.0%
Expenses
Power Supply & Generation
Hedged Energy $ 21,823,000 $ 26,035,900 $ 26,170,504 $ (134,604) 100.5%
Power Supply Management 996,000 996,000 996,000 - 100.0%
Renewable Energy Credits - 555,400 - 555,400 0.0%
Capacity Charges 9,958,900 9,744,100 9,617,562 126,538 98.7%
Dover Sun Park Energy 2,067,600 2,002,700 1,976,577 26,123 98.7%
Solar Renewal Energy Credits 378,600 375,500 372,329 3,171 99.2%
PJM Charges - Energy 11,499,800 10,076,200 8,681,190 1,395,010 86.2%
PJM Charges - Transmission & Fees 7,234,100 4,480,800 5,389,169 (908,369) 120.3%
Total Power Supply 53,958,000 54,266,600 53,203,331 754,669 98.0%
Plant Operations 6,141,100 6,141,100 5,797,491 343,609 94.4%
Generation Fuels 1,611,100 1,873,400 1,749,882 123,518 93.4%
Capacity Credits (8,881,500) (8,742,100) (8,706,981) (35,119) 99.6%
PJM Spot Market Energy (2,232,800) (2,834,600) (2,560,292) (274,308) 90.3%
PJM Credits (486,700) (663,700) (560,450) (103,250) 84.4%
Total Generation (3,848,800) (4,225,900) (4,280,350) 54,450 101.3%
Total Power Supply & Plant 50,109,200 50,040,700 48,922,981 1,117,719 97.8%
Electric Operating Divisions:
Transmission/Distribution 4,028,700 3,943,400 3,625,462 317,938 91.9%
Electrical Engineering 1,370,900 1,393,000 1,166,201 226,799 83.7%
Administration 636,600 632,400 609,819 22,581 96.4%
Meter Reading 267,600 357,200 371,658 (14,458) 104.0%
Systems Operations 686,300 696,500 703,431 (6,931) 101.0%
Intrafund Services 3,508,100 3,588,200 3,474,184 114,016 96.8%
Utility Tax 1,296,900 1,258,300 1,266,872 (8,572) 100.7%
OPEB Trust Contribution - Unfunded Liability 1,009,800 1,009,800 1,009,800 - 100.0%
OPEB - Retirees Health Care Contribution 513,300 513,300 513,300 - 100.0%
Interest on Deposits 20,000 20,000 18,098 1,902 90.5%
Green Energy Payment to DEMEC 130,000 128,000 128,161 (161) 100.1%
Accounts Receivable Write-Offs 200,000 200,000 200,000 - 100.0%
Other Employee Expenses 54,200 21,800 - 21,800 0.0%
Contractual Services RFP's 246,800 246,800 266,856 (20,056) 108.1%
Debt Service 3,297,000 3,391,900 3,405,202 (13,302) 100.4%
Transfers Out:
General Fund 10,000,000 10,000,000 10,000,000 - 100.0%
Electric Improvement & Extension Fund 4,750,000 4,750,000 4,750,000 - 100.0%
Inventory Reserve 175,000 - 175,000 (175,000) 0.0%
Total Expenses 82,300,400 82,191,300 80,607,025 1,584,275 98.1%
Budget Balance - Working Capital (Unaudited) 9,259,700 6,177,600 8,685,084 (2,507,484) 140.6%
Total Budget Balance & Expenses $ 91,560,100 $ 88,368,900 $ 89,292,109 $ (923,209) 101.0%
Reserve Balances (Unaudited)
Contingency Reserve $ 826,000 $ 825,300 $ 822,677
Insurance Reserve $ 743,600 $ 743,100 $ 740,642
Rate Stabilization Reserve $ 8,583,000 $ 7,545,300 $ 7,505,354
Bond Coverage Ratio (Covenant 1.25) 1.95 1.50 2.22
Megawatt Hours Sold & Purchased
Sales to Customers MWh (excluding Street Light MWh) 712,390 712,390 714,423 100.3%
Sales per MWh $ 109.55 $ 107.45 $ 107.80 100.3%
Purchased/Generated MWh 741,522 741,522 756,867 102.1%
All In MWh Supply & Generation $ 67.58 $ 67.48 $ 64.64 95.8%
Paj 182
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
General Capital Project Fund Summary
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance - Projects $ 117,100 $ 2,324,100 $ 2,324,129 $ (29) 100.0%
Beginning Balance - Library $ - $ 330,500 $ 330,496 $ 4 100.0%
Revenues
State Grant - Other 153,000 208,000 40,280 167,720 19.4%
Interest Earnings - - 1,879 (1,879) 0.0%
Transfer from General Fund for Projects 2,196,000 2,196,000 2,196,000 - 100.0%
2014 Loan Proceeds - PD/Fire/Streets 3,579,400 3,593,300 3,660,000 (66,700) 101.9%
Income from Sale of Assets - - 86,491 (86,491) 0.0%
Transfer from Parkland Reserve - 104,000 104,000 - 100.0%
Total Revenues 5,928,400 6,101,300 6,088,900 12,400 99.8%
Total Beginning Balance & Revenue $ 6,045,500 $ 8,755,900 $ 8,743,525 $ 12,375 99.9%
Expenditures
Fire $ 827,300 $ 827,300 $ 526,617 $ 300,683 63.7%
Grounds Maintenance 68,100 86,700 65,947 20,753 76.1%
Recreation 146,000 284,400 207,323 77,077 72.9%
Police 499,100 603,200 581,012 22,188 96.3%
Streets 3,956,400 5,917,900 3,304,922 2,612,978 55.8%
Sanitation 256,500 255,000 247,858 7,142 97.2%
Procurement & Inventory - 55,000 49,672 5,328 90.3%
Loan Issuance Costs 75,000 61,100 60,668 432 99.3%
Transfer to Capital Asset Reserve - 330,500 330,500 - 100.0%
Transfer to Parkland Reserve 100,000 180,000 180,000 - 100.0%
Total Expenditures 5,928,400 8,601,100 5,554,519 3,046,581 64.6%
Budget Balance - Projects (Unaudited) 117,100 154,800 3,189,006 (3,034,206) 2060.1%
Total Budget Balance & Expenditures $ 6,045,500 $ 8,755,900 $ 8,743,525 $ 12,375 99.9%
Reserve Balances (Unaudited)
Capital Asset Replacement Reserve $ 512,300 $ 914,000 $ 915,129
Parkland/Recreation $ 304,800 $ 295,700 $ 320,796
Paj 183
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Water/Wastewater Improvement & Extension Fund Summary
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 1,021,200 $ 7,178,100 $ 7,178,064 $ 36 100.0%
Beginning Balance - Wastewater $ 1,060,000 $ 5,677,600 $ 5,677,607 $ (7) 100.0%
Revenues
Income from Sale of Assets - - 27,283 (27,283) 0.0%
Interest Earned 25,000 40,000 40,462 (462) 101.2%
Transfer from Operating Fund for Water 1,200,000 1,200,000 1,200,000 - 100.0%
Transfer from Operating Fund for Wastewater 1,800,000 1,800,000 1,800,000 - 100.0%
Transfer from Impact Fee Reserve - Wastewater 1,315,600 1,315,600 1,315,600 - 100.0%
Total Revenues 4,340,600 4,355,600 4,383,345 (27,745) 100.6%
Total Beginning Balance & Revenues $ 6,421,800 $ 17,211,300 $ 17,239,016 $ (27,716) 100.2%
Expenses
Water $ 1,336,900 $ 7,526,500 $ 2,490,580 $ 5,035,920 33.1%
Wastewater 3,273,200 7,785,600 3,711,883 4,073,717 47.7%
Water Treatment Plant 38,100 38,100 33,771 4,329 88.6%
Total Expenses 4,648,200 15,350,200 6,236,234 9,113,966 40.6%
Budget Balance - Working Capital - Water (Unaudited) 858,700 833,500 5,887,586 (5,054,086) 706.4%
Budget Balance - Working Capital - Wastewater (Unaudited) 914,900 1,027,600 5,115,196 (4,087,596) 497.8%
Total Budget Balances 1,773,600 1,861,100 11,002,782 (9,141,682) 591.2%
Total Budget Balances & Expenses $ 6,421,800 $ 17,211,300 $ 17,239,016 $ (27,716) 100.2%
Reserve Balances (Unaudited)
Capital Asset Replacement - Water $ 522,700 $ 514,600 $ 515,966
Capital Asset Replacement - Wastewater $ 521,600 $ 511,300 $ 512,616
Paj 184
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Electric Improvement & Extension Fund Summary
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 3,362,200 $ 5,942,500 $ 5,942,529 $ (29) 100.0%
Revenues
Interest Earnings 24,800 24,800 2,827 21,973 11.4%
Transfer from Electric Revenue Fund 4,750,000 4,750,000 4,750,000 - 100.0%
Income from Sale of Assets - - 39,637 (39,637) 0.0%
General Service Billing 250,000 250,000 95,045 154,955 38.0%
Total Revenues 5,024,800 5,024,800 4,887,509 137,291 97.3%
Total Beginning Balance & Revenues $ 8,387,000 $ 10,967,300 $ 10,830,038 $ 137,262 98.7%
Expenses
Electric Generation $ 2,240,000 $ 2,739,300 $ 1,912,780 $ 826,520 69.8%
Transmission/Distribution 1,033,000 2,008,300 1,078,077 930,223 53.7%
Electrical Engineering 1,663,100 2,596,100 851,740 1,744,360 32.8%
Total Expenses 4,936,100 7,343,700 3,842,597 3,501,103 52.3%
Budget Balance - Working Capital (Unaudited) 3,450,900 3,623,600 6,987,441 (3,363,841) 192.8%
Total Budget Balance & Expenses $ 8,387,000 $ 10,967,300 $ 10,830,038 $ 137,262 98.7%
Reserve Balances (Unaudited)
Depreciation Reserve $ 9,998,200 $ 9,990,500 $ 9,957,873
Future Capacity Reserve $ 10,148,700 $ 10,140,900 $ 10,107,899
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Community Transportation Improvement Fund
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 78,900 $ 143,500 $ 143,532 $ (32) 100.0%
Revenues
Grants Revenue 500,000 1,677,800 33,338 1,644,462 2.0%
Interest Earned 500 500 248 252 49.6%
Total Revenues 500,500 1,678,300 33,586 1,644,714 2.0%
Total Beginning Balance & Revenues $ 579,400 $ 1,821,800 $ 177,118 $ 1,644,682 9.7%
Expenses
Program Expenses - Del Dot $ 500,000 $ 1,677,800 $ 131,738 $ 1,546,062 7.9%
Total Expenses 500,000 1,677,800 131,738 1,546,062 7.9%
Budget Balance - Working Capital (Unaudited) 79,400 144,000 45,380 98,620 31.5%
Total Budget Balances & Expenses $ 579,400 $ 1,821,800 $ 177,118 $ 1,644,682 9.7%
Paj 185
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Police Grant Funds
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 77,200 $ 172,100 $ 172,062 $ 38 100.0%
Revenues
Grants Received 339,000 436,400 290,070 146,330 66.5%
Interest Earned - - 810 (810) 0.0%
Total Revenues 339,000 436,400 290,880 145,520 66.7%
Total Beginning Balance & Revenues $ 416,200 $ 608,500 $ 462,942 $ 145,558 76.1%
Expenses
Cadet Program $ - $ 17,900 $ 14,398 $ 3,502 80.4%
Program Expenses/Supplies 156,000 197,600 132,113 65,487 66.9%
Computer Hardware 50,000 47,800 21,293 26,507 44.5%
Telephone/Fax 15,000 15,000 15,964 (964) 106.4%
Training/Conference/Food/Travel 32,000 45,000 22,019 22,981 48.9%
Consulting/Audit Fees 1,000 1,000 737 263 73.7%
Contractual services 6,000 20,200 7,192 13,008 35.6%
Operating Transfers - Out 124,000 139,000 104,298 34,702 75.0%
Total Expenses 384,000 483,500 318,014 165,486 65.8%
Budget Balance - Working Capital (Unaudited) 32,200 125,000 144,928 (19,928) 115.9%
Total Budget Balances & Expenses $ 416,200 $ 608,500 $ 462,942 $ 145,558 76.1%
Paj 186
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
Library Grant Fund
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 17,300 $ 44,800 $ 44,810 $ (10) 100.0%
Revenues
Grants Received 274,100 281,400 281,313 87 100.0%
Total Revenues 274,100 281,400 281,313 87 100.0%
Total Beginning Balance & Revenues $ 291,400 $ 326,200 $ 326,123 $ 77 100.0%
Expenses
Program Expenses/Supplies-State Grants $ 28,000 $ 35,200 $ 29,568 $ 5,632 84.0%
Program Expenses/Supplies-Federal Grants - 2,500 2,500 - 100.0%
Office Supplies 24,000 28,000 27,855 145 99.5%
Printing/Duplicating 8,900 14,000 12,161 1,839 86.9%
Postage 100 100 39 61 39.0%
Books 128,900 132,600 126,523 6,077 95.4%
Furniture 2,000 7,800 7,353 447 94.3%
Audio Visual Supplies 74,000 75,100 73,542 1,558 97.9%
Training/Conference/Food/Travel 3,500 4,300 4,229 71 98.3%
Computer Hardware - 1,200 1,105 95 92.1%
Contractual Services - 900 - 900 0.0%
Office Equipment/Repairs & Maintenance 2,000 5,700 4,946 754 86.8%
Other Equipment - Purchases 2,700 1,500 1,468 32 97.9%
Total Expenses 274,100 308,900 291,289 17,611 94.3%
Budget Balance - Working Capital (Unaudited) 17,300 17,300 34,834 (17,534) 201.4%
Total Budget Balances & Expenses $ 291,400 $ 326,200 $ 326,123 $ 77 100.0%
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
CJC Grants/Aid
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ - $ - $ - $ - 0.0%
Revenues
Grants Received 31,800 31,800 10,549 21,251 33.2%
Total Revenues 31,800 31,800 10,549 21,251 33.2%
Total Beginning Balance & Revenues $ 31,800 $ 31,800 $ 10,549 $ 21,251 33.2%
Expenses
Contractual Services $ 31,800 $ 31,800 $ 10,549 $ 21,251 33.2%
Total Expenses 31,800 31,800 10,549 21,251 33.2%
Budget Balance - Working Capital (Unaudited) - - - - 0.0%
Total Budget Balances & Expenses $ 31,800 $ 31,800 $ 10,549 $ 21,251 33.2%
Paj 187
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
After School Program/Substance Abuse Prevention Fund
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ 41,000 $ 41,000 $ 77,913 $ (36,913) 190.0%
Revenues
Grants Received 55,600 55,600 28,030 27,570 50.4%
Recreation Revenue 33,000 33,000 66,038 (33,038) 200.1%
Total Revenues 88,600 88,600 94,068 (5,468) 106.2%
Total Beginning Balance & Revenues $ 129,600 $ 129,600 $ 171,981 $ (42,381) 132.7%
Expenses
Temporary Help/Benefits $ 54,000 $ 54,000 $ 40,211 $ 13,789 74.5%
Program Expenses/Supplies 55,600 55,600 33,589 22,011 60.4%
Total Expenses 109,600 109,600 73,800 35,800 67.3%
Budget Balance - Working Capital (Unaudited) 20,000 20,000 98,181 (78,181) 490.9%
Total Budget Balances & Expenses $ 129,600 $ 129,600 $ 171,981 $ (42,381) 132.7%
City of Dover
Finance Department
Monthly Report – June 2015 Preliminary
CDBG Fund
Revised 100%
Budget Budget YTD Balance Budget
Beginning Balance $ - $ 2,100 $ 42,576 $ (40,476) 2027.4%
Revenues
Grants Received 235,000 284,200 237,118 47,082 83.4%
Interest Earnings - - 97 (97) 0.0%
Total Revenues 235,000 284,200 237,215 46,985 83.5%
Total Beginning Balance & Revenues $ 235,000 $ 286,300 $ 279,791 $ 6,509 97.7%
Expenses
Closing Cost/Down Payment Program $ 102,800 $ 103,000 $ 102,068 $ 932 99.1%
Dover Interfaith Ministry 27,500 27,500 27,500 - 100.0%
MHDC Emergency Home Repair - 100 28 72 28.0%
First State RC&D - 1,900 1,853 47 97.5%
Elizabeth W Murphy School 50,000 51,200 51,135 65 99.9%
NCALL Research Inc. 7,700 10,000 3,500 6,500 35.0%
Milford Housing H/O Rehabilitation - 3,000 2,933 67 97.8%
Salaries 47,000 87,500 46,882 40,618 53.6%
NSP Expense - - 674 (674) 0.0%
Total Expenses 235,000 284,200 236,573 47,627 83.2%
Budget Balance - Working Capital (Unaudited) - 2,100 43,218 (41,118) 2058.0%
Total Budget Balances & Expenses $ 235,000 $ 286,300 $ 279,791 $ 6,509 97.7%
Paj 188
Monthly Report
June 2015
Economic Development Office
Paj 189
2015_06
Bi-weekly conference call with Garrison Energy Center
Conference call with Denise Tolliver regarding purchase of Railroad Avenue property
Attended Parking & Safety Committee meeting
Contacted Verizon regarding State Street Alley parking lot
Attended Greater Kent Committee Meeting
Attended HSCA meeting
Attended Kent County is Open for Business
Reviewed right-of-way clearance with Calpine and Eastern Shore Natural Gas
Met with developers from Housing Development Corporation regarding Acme site
Met with DDP accountant to provide information for IRS 990
Assisted Chesapeake Utilities with utility markings from ADEL
Contacted Fordham Brewery for meeting with Assistant City Manager
Attended NCALL Steering Committee Meeting
Provided DDD overview to Doris Cooper, resident in the DDD
Attended Central Delaware Chamber of Commerce Board Meeting
Attended Economic Summit Planning Meeting
Provided zoning information to Equity Retail Brokers regarding former Air Base Carpet location
Teleconference with Kurt Ramick, GSA Asset Manager for Dover regarding relocation of federal
offices within the City of Dover limits
Met with Philipp Utz on location to review site problems
Provided Verizon proposed layout of State Street Alley parking lot
Met with Public Works to review Calpine Lease Agreement regarding property maintenance
Met with Assistant City Manager and CEO of Fordham Brewery
Attended Delaware Health Facilities Authority Meeting
Attended Kent County Tourism Board Meeting
Reviewed MOU for the Acme site
Discussed with City Planner Uzin Utz request for TCO
Provided Representative Lynn’s legislative assistant with lease information regarding the Acme
building
Planning meeting with President of DEED for June 26th Committee of 100 meeting
Attended GAMSA webinar
Assisted Dover Art League with parking needs
Provided accountant with additional information regarding leases of parking lots
Met with City Manager, Planner and Fire Marshall to discuss punch list items at Uzin Utz
Contacted Verizon and made arrangements to have trees removed next to Grey Fox Grille
Met with Destination Downtown Dover planning group
Reviewed and approved incentive package for former Lone Star Steakhouse location
Attended Chamber of Commerce Awards Dinner
Provided fiber optic information to potential user at Garrison Oak Technology Park
Paj 190
Attended and presented an Economic Overview to the DEEDs Group and Committee of 100, also
presented an overview of the Downtown Development District
Attended Alan Levin’s Farewell Gathering
Measures:
1 Maintain an unemployment rate for the City of Dover that is lower than national and
state averages
2012-2013 Actual 2013-2014 Actual 2014 - 2015 Actual
Results <10% unemployment rate < 10% unemployment rate <10% unemployment rate
in June 2013 in June 2014 in July 2015
7.5% - US Rate 6.1 % - US Rate 5.3% - US Rate
6.9% - DE Rate 6.9 % - DE Rate 4.7 % - DE Rate
8.9% - City of Dover Rate 8.3% - City of Dover Rate 7.4% - City of Dover Rate
June 2013 Actual June 2014 Actual June 2015 Actual
2 Monitor number of contacts with small businesses and with out-of-town
companies interested in locating in Dover
2012-2013 Actual 2013-2014 Actual 2014 - 2015 Actual
Results ≥20 contacts with potential >20 contacts with potential >20 contacts with potential
small businesses; small businesses; small businesses;
18 contacts YTD 23 Contacts YTD 20 Contacts YTD
≥11 contacts with out-of- >11 contacts with out-of- >11 contacts with out-of-
town companies interested town companies interested town companies interested
in locating in Dover in locating in Dover in locating in Dover
7 Contacts YTD 13 Contacts YTD 16 Contacts YTD
2015_6 Downtown Dover Partnership
Provided technical assistance to five (5) prospective small business individuals on overall
business development within the Downtown Dover Business District
Continued providing technical assistance to six (6) prospective small business individuals on
locating available space within the downtown district to lease
Provided seventeen (17) hours of Technical Assistance to merchants located in the Downtown
Business Corridor
Coordinated and implemented logistics (permits, parade registrations, equipment set-up, etc.)
for the First Friday Event held on June 5
Coordinated media (newspaper announcements), website and social media press releases of
series of Special Events (Farmers Market and First Friday) which occurred during June
Paj 191
Telephone conference with Michelle Morin from DE Office of Supplier Diversity regarding Small
Business Development workshop series
Disseminated the “Small Business Day in Dover” workshop information sponsored by the DE
State Chamber of Commerce
Completed Layout Design of Downtown Parking Lots used for collecting daily parking survey
Attended DDP Parking committee meeting
Obtained the “No Negative Comment” letter from the Office of Management and Budget
associated with our submitted USDA RBEG Grant Proposal
Telephone conference with Genni Jewel, owner of ACORN Books, on available commercial
properties in Dover
Assisted the NAACP with logistic arrangements for the use of Legislative Mall to conduct the
Annual Unity Day
Telephone conference with Amy Mullen, Volunteer Farmer’s Market Manager, regarding radio
commercials for the market
Met with Barthenia Rochester, Independent Resources, to discuss logistics for the ADA 25 Event
Conducted Grand Opening Ceremony for Diamond State Grill
Completed Phase III of Downtown Dover Master Database
Processed vacant property inquiry from Lashanta Fisher
Telephone Conference with Pat Marchle from DSHS to discuss logistics for the ADA 25 event
Completed the Public Display Layout used at the Restoring Central Dover Steering Committee
Celebration on June 10
Attended the Restoring Central Dover Steering Committee Celebration
Completed and submitted Phase II of the USDA RBEG Proposal
Assisted NCALL with logistics for the Grant Award Announcement Event
Conducted Grand Opening Ceremony for the Brunch & Lunch Café
Processed vacant property inquiry from Jennifer Anderson
Telephone conference with Catherine Wimberly regarding logistics for Comic Con
Processed Vacant Property Inquiry from Ashley Mitchell
Processed Vacant Property Inquiry from Debbie Ginstead
Reviewed Inclusion Study Outcome Report
Assisted the Sandwich Nook Café with Soft Grand Opening
Provided the Foundation for a Better Tomorrow with information on available office space in
the downtown corridor
Processed Vacant Property Inquiry from Angel Allen
Reviewed GAMSA application with DDP Staff
Met with Bobbie Schmittinger and Paula Casey on Small Business Development
Telephone conference with Diane Laird, DEDO State Coordinator, regarding launch of Project
Pop-up
Updated the Downtown Development District Vacancy Database
Updated the Parking Lot Survey Database
Telephone conference with Ann DeFransico re Vacant Property Listing
Attended the Main Street Delaware Downtown Idea Exchange on June 30
Paj 192
MONTHY REPORT
JUNE 2015
Paj 193
Date Range: From 6/1/2015 to 6/30/2015
Incident Run Log Company: All Companies
Dover Fire Department Sorted by: Not selected
Date FDID Incident# Alarm ### Address Suite Type Lgth
06/01/2015 30046 2015-000554 01:48 217 N KIRKWOOD ST Police matter 0.3
06/01/2015 30046 2015-000555 08:56 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.7
06/01/2015 30046 2015-000556 10:18 970 WHATCOAT DR Alarm system sounded due to malfunction 0.3
06/01/2015 30046 2015-000557 14:48 120 N STATE ST Smoke detector activation due to malfunction 0.1
06/01/2015 30046 2015-000558 16:33 1203 WALKER RD Detector activation, no fire - unintentional 0.3
06/01/2015 30046 2015-000559 17:56 139 S STATE ST System malfunction, other 0.3
06/01/2015 30046 2015-000560 19:49 46 PAR HAVEN DR F Severe weather or natural disaster, other 0.3
06/01/2015 30046 2015-000561 19:55 44 COURTSIDE DR B Severe weather or natural disaster, other 0.5
06/02/2015 30046 2015-000562 07:51 1673 S STATE ST B System malfunction, other 0.3
06/02/2015 30046 2015-000563 08:07 211 DELAWARE AVE False alarm or false call, other 0.2
06/02/2015 30046 2015-000564 08:22 1519 S STATE ST Oil or other combustible liquid spill 0.6
06/02/2015 30046 2015-000565 12:39 1131 N DUPONT HWY Removal of victim(s) from stalled elevator 0.8
06/02/2015 30046 2015-000566 14:56 N DUPONT HWY Motor vehicle accident with injuries 0.4
06/02/2015 30046 2015-000567 15:14 800 OTIS DR Smoke detector activation due to malfunction 0.5
06/02/2015 30046 2015-000568 18:44 124 S STATE ST False alarm or false call, other 0.3
06/03/2015 30046 2015-000569 10:25 159 MITSCHER RD Good intent call, other 0.3
06/03/2015 30046 2015-000570 11:25 WESTVIEW TERR Vehicle accident, general cleanup 0.3
06/04/2015 30046 2015-000571 13:00 W NORTH ST Gas leak (natural gas or LPG) 0.1
06/04/2015 30046 2015-000572 16:56 MCKEE RD Extrication of victim(s) from vehicle 0.3
06/04/2015 30046 2015-000573 18:32 WALKER RD Good intent call, other 0.4
06/04/2015 30046 2015-000574 22:04 419 KENT AVE Heat from short circuit (wiring), defective/worn 0.6
06/05/2015 30046 2015-000575 18:17 3 LIVINGSTON LANE Good intent call, other 0.6
06/05/2015 30046 2015-000576 18:28 500 PERSIMMON TREE LA 7 Malicious, mischievous false call, other 0.1
06/05/2015 30046 2015-000577 19:51 94 PILOT CIR Good intent call, other 0.5
06/05/2015 30046 2015-000578 22:08 INDEPENDENCE BLVD Motor vehicle accident with injuries 0.3
06/06/2015 30046 2015-000579 10:26 500 W LOOCKERMAN ST Power line down 0.0
06/06/2015 30046 2015-000580 13:41 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.2
06/06/2015 30046 2015-000581 14:18 305 ALDER RD Smoke detector activation, no fire - unintentional 0.4
06/06/2015 30046 2015-000582 14:43 725 HORSEPOND ROAD Unintentional transmission of alarm, other 0.3
06/06/2015 30046 2015-000583 15:35 222 S DUPONT HWY Removal of victim(s) from stalled elevator 0.3
06/07/2015 30046 2015-000584 14:20 S STATE ST Smoke or odor removal 0.1
06/07/2015 30046 2015-000585 19:55 919 SIMON CIRCLE Heat from short circuit (wiring), defective/worn 0.3
06/07/2015 30046 2015-000586 20:48 120 S GOVERNORS AVE A Grass fire 0.1
06/08/2015 30046 2015-000587 14:29 301 DOVEVIEW DR Extrication, rescue, other 0.3
06/08/2015 30046 2015-000588 14:35 HAZLETTVILLE RD Extrication, rescue, other 0.3
06/08/2015 30046 2015-000589 16:24 272 N DUPONT HWY False alarm or false call, other 0.5
06/08/2015 30046 2015-000590 16:50 710 S QUEEN ST Good intent call, other 0.3
06/09/2015 30046 2015-000591 17:11 148 JOHN HUNN BROWN RD Dispatched & canceled en route 0.0
06/10/2015 30046 2015-000592 01:05 1200 N DUPONT HWY False alarm or false call, other 0.3
06/10/2015 30046 2015-000593 09:55 1131 BAY RD LOT 1 Emergency medical service incident, other 0.8
06/10/2015 30046 2015-000594 13:06 202 BAY TREE RD A Emergency medical service incident, other 0.5
06/10/2015 30046 2015-000595 14:46 1198 S GOVERNORS AVE False alarm or false call, other 0.3
06/10/2015 30046 2015-000596 21:44 110 HAMAN DR Electrical wiring/equipment problem, other 0.5
06/11/2015 30046 2015-000597 23:20 55 GREENTREE DR Assist police or other governmental agency 0.5
06/12/2015 30046 2015-000598 14:43 300 S NEW ST System malfunction, other 0.3
06/12/2015 30046 2015-000599 17:01 271 N DUPONT HWY Good intent call, other 0.6
06/13/2015 30046 2015-000600 18:56 FORREST AVE Extrication of victim(s) from vehicle 0.7
06/14/2015 30046 2015-000601 15:26 1710 N DUPONT HWY Malicious, mischievous false call, other 0.2
06/15/2015 30046 2015-000602 01:22 120 N STATE ST False alarm or false call, other 0.2
06/15/2015 30046 2015-000603 16:05 800 OTIS DR System malfunction, other 0.5
06/15/2015 30046 2015-000604 19:13 MARTIN LUTHER KING JR. BLVD Dispatched & canceled en route 0.1
06/15/2015 30046 2015-000605 21:23 320 RAYMOND ST False alarm or false call, other 0.4
06/16/2015 30046 2015-000606 12:34 206 HAMAN DR Electrical wiring/equipment problem, other 0.5
06/16/2015 30046 2015-000607 16:13 271 N DUPONT HWY Overheated motor 0.7
06/16/2015 30046 2015-000608 17:23 WALKER RD Passenger vehicle fire 0.5
06/16/2015 30046 2015-000609 18:43 1630 S STATE ST Motor vehicle accident with injuries 0.4
06/16/2015 30046 2015-000610 20:21 200 W LOOCKERMAN ST Smoke detector activation, no fire - unintentional 0.2
06/17/2015 30046 2015-000611 19:37 1450 N DUPONT HWY 0587 Motor vehicle accident with no injuries. 0.3
06/17/2015 30046 2015-000612 23:18 1131 N DUPONT HWY Medical assist, assist EMS crew 1.1
Date: 8/6/2015 Page: 1 Time:10:05 AM
Paj 194
Date FDID Incident# Alarm ### Address Suite Type Lgth
06/18/2015 30046 2015-000613 09:49 21 W LOOCKERMAN ST System malfunction, other 0.2
06/18/2015 30046 2015-000614 11:00 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/18/2015 30046 2015-000615 12:24 710 WILLIAM ST Emergency medical service incident, other 0.0
06/18/2015 30046 2015-000616 13:25 1131 N DUPONT HWY Emergency medical service incident, other 0.1
06/18/2015 30046 2015-000617 14:36 1131 N DUPONT HWY Emergency medical service incident, other 0.1
06/18/2015 30046 2015-000618 14:37 53 MCDANIEL DR System malfunction, other 0.3
06/18/2015 30046 2015-000619 14:53 1131 N DUPONT HWY Emergency medical service incident, other 0.2
06/18/2015 30046 2015-000620 15:05 1140 S BAY ROAD Smoke scare, odor of smoke 0.7
06/18/2015 30046 2015-000621 15:54 1001 N DUPONT HWY 13 Gasoline or other flammable liquid spill 0.3
06/18/2015 30046 2015-000622 17:25 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/18/2015 30046 2015-000623 17:26 1131 N DUPONT HWY Good intent call, other 0.2
06/19/2015 30046 2015-000624 00:10 1131 N DUPONT HWY Service Call, other 0.0
06/19/2015 30046 2015-000625 05:08 1131 N DUPONT HWY Carbon monoxide incident 0.6
06/19/2015 30046 2015-000626 05:46 31 VONDAWAY DR False alarm or false call, other 0.2
06/19/2015 30046 2015-000627 10:24 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/19/2015 30046 2015-000628 15:41 820 CARVEL DR E False alarm or false call, other 0.3
06/19/2015 30046 2015-000629 19:57 834 S GOVERNORS AVE False alarm or false call, other 0.2
06/19/2015 30046 2015-000630 21:51 1131 N DUPONT HWY Medical assist, assist EMS crew 0.1
06/19/2015 30046 2015-000631 23:04 1131 N DUPONT HWY Motor vehicle accident with injuries 0.1
06/20/2015 30046 2015-000632 01:15 1131 N DUPONT HWY Medical assist, assist EMS crew 0.2
06/20/2015 30046 2015-000633 01:28 1131 N DUPONT HWY Hazardous condition, other 0.1
06/20/2015 30046 2015-000634 01:32 1131 N DUPONT HWY Service Call, other 0.1
06/20/2015 30046 2015-000635 03:03 1131 N DUPONT HWY Police matter 0.1
06/20/2015 30046 2015-000636 03:19 1131 N DUPONT HWY Medical assist, assist EMS crew 0.1
06/20/2015 30046 2015-000637 11:12 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/20/2015 30046 2015-000638 17:13 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/20/2015 30046 2015-000639 17:19 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/20/2015 30046 2015-000640 20:00 1131 N DUPONT HWY Dispatched & canceled en route 0.0
06/21/2015 30046 2015-000641 01:08 PUNCHEON RUN CONNECTOR Gasoline or other flammable liquid spill 0.9
06/21/2015 30046 2015-000642 01:21 345 FIELDSTONE CT Building fire 2.5
06/21/2015 30046 2015-000643 02:10 1131 N DUPONT HWY Medical assist, assist EMS crew 0.1
06/21/2015 30046 2015-000644 02:31 137 S QUEEN ST System malfunction, other 0.1
06/21/2015 30046 2015-000645 07:42 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/21/2015 30046 2015-000646 07:59 1131 N DUPONT HWY Medical assist, assist EMS crew 0.1
06/21/2015 30046 2015-000647 08:21 1131 N DUPONT HWY Medical assist, assist EMS crew 0.1
06/21/2015 30046 2015-000648 08:59 1131 N DUPONT HWY Hazardous condition, other 0.0
06/21/2015 30046 2015-000649 12:29 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/21/2015 30046 2015-000650 13:25 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/21/2015 30046 2015-000651 13:46 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/21/2015 30046 2015-000652 14:33 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/21/2015 30046 2015-000653 15:20 120 N STATE ST Sprinkler activation, no fire - unintentional 0.3
06/21/2015 30046 2015-000654 16:58 1131 N DUPONT HWY Service Call, other 0.0
06/21/2015 30046 2015-000655 17:01 LEIPSIC RD Service Call, other 0.0
06/21/2015 30046 2015-000656 17:38 222 S DUPONT HWY System malfunction, other 0.2
06/21/2015 30046 2015-000657 20:24 SAULSBURY ROAD Good intent call, other 0.1
06/21/2015 30046 2015-000658 20:50 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/21/2015 30046 2015-000659 21:41 402 KENT AVE Electrical wiring/equipment problem, other 0.7
06/21/2015 30046 2015-000660 22:54 1131 N DUPONT HWY Outside rubbish fire, other 0.1
06/22/2015 30046 2015-000661 01:29 1131 N DUPONT HWY Outside rubbish, trash or waste fire 1.3
06/22/2015 30046 2015-000662 02:55 1131 N DUPONT HWY Assist police or other governmental agency 0.6
06/22/2015 30046 2015-000663 22:00 1300 S FARMVIEW DR G Alarm system sounded due to malfunction 0.3
06/23/2015 30046 2015-000664 19:17 160 KENTWOOD DR Public service assistance, other 0.5
06/23/2015 30046 2015-000665 19:49 807 WILLIAMS STREET Unintentional transmission of alarm, other 0.5
06/23/2015 30046 2015-000666 19:54 39 PAR HAVEN DR E Unintentional transmission of alarm, other 0.3
06/23/2015 30046 2015-000667 20:23 39 PAR HAVEN DR E System malfunction, other 0.2
06/24/2015 30046 2015-000668 17:32 411 S QUEEN ST Smoke detector activation, no fire - unintentional 0.3
06/24/2015 30046 2015-000669 20:07 211 DELAWARE AVE Sprinkler activation due to malfunction 0.7
06/24/2015 30046 2015-000670 20:47 1196 JANES RD EMS call, excluding vehicle accident with injury 0.0
06/25/2015 30046 2015-000671 09:09 120 S GOVERNORS AVE False alarm or false call, other 0.3
06/25/2015 30046 2015-000672 16:38 1131 N DUPONT HWY Police matter 0.0
06/25/2015 30046 2015-000673 17:21 728 LEIPSIC RD Overpressure rupture from air or gas, other 0.3
06/25/2015 30046 2015-000674 18:14 1200 N DUPONT HWY False alarm or false call, other 0.4
06/25/2015 30046 2015-000675 18:19 403 COWGILL ST A Electrical wiring/equipment problem, other 0.6
Date: 8/6/2015 Page: 2 Time:10:05 AM
Paj 195
Date FDID Incident# Alarm ### Address Suite Type Lgth
06/25/2015 30046 2015-000676 23:11 SR1 EXIT 93 Motor vehicle accident with injuries 0.4
06/26/2015 30046 2015-000677 01:15 1131 N DUPONT HWY Medical assist, assist EMS crew 0.1
06/26/2015 30046 2015-000678 11:35 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/26/2015 30046 2015-000679 12:45 MARY ST Extrication of victim(s) from vehicle 0.4
06/26/2015 30046 2015-000680 13:43 186 HAMAN DR False alarm or false call, other 0.4
06/26/2015 30046 2015-000681 18:03 N DUPONT HWY Rescue, EMS incident, other 0.3
06/26/2015 30046 2015-000682 18:11 7422 PEARSONS CORNER ROAD Cover assignment, standby, moveup 0.1
06/27/2015 30046 2015-000683 09:32 1131 N DUPONT HWY Accident, potential accident, other 0.1
06/27/2015 30046 2015-000684 10:23 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/27/2015 30046 2015-000685 16:16 1131 N DUPONT HWY Electrical wiring/equipment problem, other 0.2
06/27/2015 30046 2015-000686 19:37 1300 S FARMVIEW DR A CO detector activation due to malfunction 0.4
06/27/2015 30046 2015-000687 20:51 42 N GOVERNORS AVE False alarm or false call, other 0.4
06/28/2015 30046 2015-000688 00:01 1131 N DUPONT HWY Good intent call, other 0.0
06/28/2015 30046 2015-000689 00:58 1200 N DUPONT HWY Dispatched & canceled en route 0.1
06/28/2015 30046 2015-000690 06:50 1131 N DUPONT HWY Medical assist, assist EMS crew 0.0
06/28/2015 30046 2015-000691 07:31 1131 N DUPONT HWY Smoke or odor removal 0.1
06/28/2015 30046 2015-000692 17:45 SR1 & M/M 95 Passenger vehicle fire 0.8
06/28/2015 30046 2015-000693 17:53 S DUPONT HWY Motor vehicle accident with no injuries. 0.0
06/28/2015 30046 2015-000694 20:09 1131 N DUPONT HWY Good intent call, other 0.1
06/28/2015 30046 2015-000695 20:19 1131 N DUPONT HWY Good intent call, other 0.1
06/28/2015 30046 2015-000696 20:34 111 HIGHVIEW AVE Power line down 1.5
06/28/2015 30046 2015-000697 23:40 1131 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.1
06/29/2015 30046 2015-000698 19:17 152 SPRUANCE RD Good intent call, other 0.4
06/29/2015 30046 2015-000699 20:11 120 N STATE ST Good intent call, other 0.2
06/29/2015 30046 2015-000700 22:41 2296 FORREST AVE Motor vehicle accident with injuries 0.5
06/30/2015 30046 2015-000701 17:57 200 HIAWATHA LANE Excessive heat, scorch burns with no ignition 0.8
06/30/2015 30046 2015-000702 23:19 151 ROOSEVELT AVE Assist police or other governmental agency 0.5
Total Number of Incidents: 149
Total Length of Incidents: 45.6 Hours
Paj 196
FY 14-15 City Funded Account Balance Sheet
ACCOUNT BUDGET SPENT BALANCE
Apparatus Repairs & Maintenance $ 85,300.00 $ 86,372.63 $ (1,072.63)
Building Maintenace Supplies $ 1,500.00 $ 448.76 $ 1,051.24
Contractual Services $ 10,500.00 $ 10,500.00 $ -
Electricity $ 45,000.00 $ 40,641.49 $ 4,358.51
Gasoline $ 20,000.00 $ 18,641.68 $ 1,358.32
Heating Expenses- Gas $ 16,000.00 $ 15,992.62 $ 7.38
Medical Supplies $ 1,000.00 $ 128.60 $ 871.40
Office Supplies $ 2,000.00 $ 755.28 $ 1,244.72
Other Equipment Repairs $ 2,000.00 $ 540.00 $ 1,460.00
Program Expenses $ 37,000.00 $ 38,194.91 $ (1,194.91)
Radio Repairs $ 2,000.00 $ 1,863.75 $ 136.25
Safety & Security $ 1,500.00 $ 476.47 $ 1,023.53
Small Tools $ 4,500.00 $ 6,362.36 $ (1,862.36)
Telephone $ 10,000.00 $ 8,978.24 $ 1,021.76
Training & Travel $ 10,000.00 $ 10,134.00 $ (134.00)
Uniforms & Firefighting Gear $ 30,000.00 $ 31,656.50 $ (1,656.50)
Water/ Sewer $ 3,000.00 $ 3,438.64 $ (438.64)
Balance as of 06/30/15
Paj 197
Date Range: From 6/1/2015 to 6/30/2015
Incident Type Report (Summary)
Dover Fire Department
Count Pct of Total Est Total Est
Incident Type Incidents Loss Loss
1 Fire
111 Building fire 1 0.67% $0 0.00%
131 Passenger vehicle fire 2 1.34% $0 0.00%
143 Grass fire 1 0.67% $0 0.00%
150 Outside rubbish fire, other 1 0.67% $0 0.00%
151 Outside rubbish, trash or waste fire 1 0.67% $0 0.00%
Totals 6 4.03% $0 0.00%
2 Overpressure Rupture, Explosion, Overheat(no fire)
220 Overpressure rupture from air or gas, other 1 0.67% $0 0.00%
251 Excessive heat, scorch burns with no ignition 1 0.67% $0 0.00%
Totals 2 1.34% $0 0.00%
3 Rescue & Emergency Medical Service Incident
300 Rescue, EMS incident, other 1 0.67% $0 0.00%
311 Medical assist, assist EMS crew 23 15.44% $0 0.00%
320 Emergency medical service incident, other 6 4.03% $0 0.00%
321 EMS call, excluding vehicle accident with injury 1 0.67% $0 0.00%
322 Motor vehicle accident with injuries 6 4.03% $0 0.00%
324 Motor vehicle accident with no injuries. 2 1.34% $0 0.00%
350 Extrication, rescue, other 2 1.34% $0 0.00%
352 Extrication of victim(s) from vehicle 3 2.01% $0 0.00%
353 Removal of victim(s) from stalled elevator 2 1.34% $0 0.00%
Totals 46 30.87% $0 0.00%
4 Hazardous Condition (No Fire)
400 Hazardous condition, other 2 1.34% $0 0.00%
411 Gasoline or other flammable liquid spill 2 1.34% $0 0.00%
412 Gas leak (natural gas or LPG) 1 0.67% $0 0.00%
413 Oil or other combustible liquid spill 1 0.67% $0 0.00%
424 Carbon monoxide incident 1 0.67% $0 0.00%
440 Electrical wiring/equipment problem, other 5 3.36% $0 0.00%
441 Heat from short circuit (wiring), defective/worn 2 1.34% $0 0.00%
442 Overheated motor 1 0.67% $0 0.00%
444 Power line down 2 1.34% $0 0.00%
460 Accident, potential accident, other 1 0.67% $0 0.00%
463 Vehicle accident, general cleanup 1 0.67% $0 0.00%
Totals 19 12.75% $0 0.00%
5 Service Call
500 Service Call, other 4 2.68% $0 0.00%
531 Smoke or odor removal 2 1.34% $0 0.00%
550 Public service assistance, other 1 0.67% $0 0.00%
551 Assist police or other governmental agency 3 2.01% $0 0.00%
552 Police matter 3 2.01% $0 0.00%
571 Cover assignment, standby, moveup 1 0.67% $0 0.00%
Totals 14 9.40% $0 0.00%
6 Good Intent Call
600 Good intent call, other 13 8.72% $0 0.00%
611 Dispatched & canceled en route 4 2.68% $0 0.00%
651 Smoke scare, odor of smoke 1 0.67% $0 0.00%
Date: 8/6/2015 Page: 1
Paj 198
Date Range: From 6/1/2015 to 6/30/2015
Incident Type Report (Summary)
Dover Fire Department
Count Pct of Total Est Total Est
Incident Type Incidents Loss Loss
Totals 18 12.08% $0 0.00%
7 False Alarm & False Call
700 False alarm or false call, other 14 9.40% $0 0.00%
710 Malicious, mischievous false call, other 2 1.34% $0 0.00%
730 System malfunction, other 9 6.04% $0 0.00%
731 Sprinkler activation due to malfunction 1 0.67% $0 0.00%
733 Smoke detector activation due to malfunction 2 1.34% $0 0.00%
735 Alarm system sounded due to malfunction 2 1.34% $0 0.00%
736 CO detector activation due to malfunction 1 0.67% $0 0.00%
740 Unintentional transmission of alarm, other 3 2.01% $0 0.00%
741 Sprinkler activation, no fire - unintentional 1 0.67% $0 0.00%
743 Smoke detector activation, no fire - unintentional 6 4.03% $0 0.00%
744 Detector activation, no fire - unintentional 1 0.67% $0 0.00%
Totals 42 28.19% $0 0.00%
8 Severe Weather & Natural Disaster
800 Severe weather or natural disaster, other 2 1.34% $0 0.00%
Totals 2 1.34% $0 0.00%
9 Special Incident Type
Totals 0 0.00% $0 0.00%
Totals 149 $0
Date: 8/6/2015 Page: 2
Paj 199
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Type Date Num
Ordinary Income/Expense
Expense
Apparatus Repairs & Maintenance
Check 06/05/2015 1341
Check 06/30/2015 1343
Check 06/30/2015 1343
Check 06/30/2015 1343
Check 06/30/2015 1347
Check 06/30/2015 1348
Check 06/30/2015 1356
Check 06/30/2015 1356
Check 06/30/2015 1357
Check 06/30/2015 1358
Check 06/30/2015 1361
Check 06/30/2015 1365
Check 06/30/2015 1367
Total Apparatus Repairs & Maintenance
Contractual Services
Check 06/30/2015 1352
Total Contractual Services
Electricity
Check 06/30/2015 1345
Check 06/30/2015 1346
Total Electricity
Gasoline
Check 06/05/2015 1338
Check 06/05/2015 1338
Check 06/30/2015 1363
Check 06/30/2015 1363
Total Gasoline
Heating Expenses- Gas
Check 06/23/2015 1342
Check 06/30/2015 1354
Check 06/30/2015 1355
Total Heating Expenses- Gas
Medical Supplies & Physicals
Check 06/30/2015 1350
Total Medical Supplies & Physicals
Office Supplies
Check 06/05/2015 1338
Check 06/30/2015 1344
Page 1 of 8
Paj 200
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Type Date Num
Check 06/30/2015 1362
Check 06/30/2015 1363
Total Office Supplies
Program Expenses
Check 06/30/2015 1359
Check 06/30/2015 1364
Total Program Expenses
Radio Repairs
Check 06/30/2015 1353
Total Radio Repairs
Telephone
Check 06/05/2015 1338
Check 06/05/2015 1338
Check 06/05/2015 1340
Check 06/30/2015 1360
Check 06/30/2015 1363
Check 06/30/2015 1363
Total Telephone
Training & Travel Expenses
Check 06/05/2015 1339
Check 06/05/2015 1339
Check 06/05/2015 1339
Check 06/05/2015 1339
Check 06/30/2015 1349
Check 06/30/2015 1366
Check 06/30/2015 1366
Check 06/30/2015 1366
Total Training & Travel Expenses
Water/Sewer
Check 06/30/2015 1345
Check 06/30/2015 1345
Check 06/30/2015 1346
Check 06/30/2015 1351
Total Water/Sewer
Total Expense
Net Ordinary Income
Net Income
Page 2 of 8
Paj 201
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Name
Ordinary Income/Expense
Expense
Apparatus Repairs & Maintenance
Rommel's ACE
Atlantic Emergency Solutions
Atlantic Emergency Solutions
Atlantic Emergency Solutions
Delaware Tire
Kunkel Auto Supply
Delaware Tire
Delaware Tire
Kunkel Auto Supply
Magnum
Atlantic Emergency Solutions
Dover Automotive
Vaughan Fitch Graphics & Design
Total Apparatus Repairs & Maintenance
Contractual Services
Robbins Hose Company
Total Contractual Services
Electricity
City of Dover Utility
City of Dover Utility
Total Electricity
Gasoline
City of Dover
City of Dover
City of Dover
City of Dover
Total Gasoline
Heating Expenses- Gas
Chesapeake Utilities
Chesapeake Utilities
Chesapeake Utilities
Total Heating Expenses- Gas
Medical Supplies & Physicals
Southeastern Emergency Equipment
Total Medical Supplies & Physicals
Office Supplies
City of Dover
Awards, Trophies & More
Page 3 of 8
Paj 202
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Name
Carter Knotts
City of Dover
Total Office Supplies
Program Expenses
Priority Dispatch Corporation
Collins Business Systems
Total Program Expenses
Radio Repairs
Alpine Software Corp.
Total Radio Repairs
Telephone
City of Dover
City of Dover
Verizon Wireless
Verizon Wireless
City of Dover
City of Dover
Total Telephone
Training & Travel Expenses
Delaware State Fire School
Delaware State Fire School
Delaware State Fire School
Delaware State Fire School
International Academies of Emergecy Dispa
Delaware State Fire School
Delaware State Fire School
Delaware State Fire School
Total Training & Travel Expenses
Water/Sewer
City of Dover Utility
City of Dover Utility
City of Dover Utility
Sharp Water Culligan
Total Water/Sewer
Total Expense
Net Ordinary Income
Net Income
Page 4 of 8
Paj 203
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Memo Clr Split
Ordinary Income/Expense
Expense
Apparatus Repairs & Maintenance
Ref- 43120- batteries for air packs City Fund Account
Invoice # 10282DEL- Ladder 1 City Fund Account
Invoice # 10494DEL- Eng 7 City Fund Account
Invoice # 10545DEL- Eng 4 City Fund Account
Invoice # 232701- Tire repair Car 2 City Fund Account
Invoice # 056469666 City Fund Account
Invoice # 233386- Brakes for Car 1 City Fund Account
Invoice # 233937- Tire repair on trl. City Fund Account
Inv # 056469939- Hyper Wash City Fund Account
Low profile light bar for Brush 9 City Fund Account
Ladder 1- Trans cooler leak,hydralic leak, noise in turntable City Fund Account
Oil City Fund Account
Touch up lettering City Fund Account
Total Apparatus Repairs & Maintenance
Contractual Services
Fleet Insurance Contribution City Fund Account
Total Contractual Services
Electricity
Acct # 44343-32052 City Fund Account
Acct # 44255-31966 City Fund Account
Total Electricity
Gasoline
April Unleaded Gasoline charges City Fund Account
April Bio-Diesel charges City Fund Account
May Unleaded fuel charges City Fund Account
May Bio-Diesel charges City Fund Account
Total Gasoline
Heating Expenses- Gas
Station 2 Gas Bill City Fund Account
Station 2 from 05/26 to 06/25 City Fund Account
Station 1 from 05/04 to 06/02 City Fund Account
Total Heating Expenses- Gas
Medical Supplies & Physicals
Number- 585869- Medical Supplies City Fund Account
Total Medical Supplies & Physicals
Office Supplies
April postage charges City Fund Account
Locker Tags City Fund Account
Page 5 of 8
Paj 204
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Memo Clr Split
Reimbursement for Notary City Fund Account
May Postage charges City Fund Account
Total Office Supplies
Program Expenses
Maintenance Agreement for cardsets City Fund Account
Annual Service Maintenance City Fund Account
Total Program Expenses
Radio Repairs
Install Red Alert on new server City Fund Account
Total Radio Repairs
Telephone
Verizon April phone charges City Fund Account
Cavalier April phone charges City Fund Account
IPADS from 04/21 to 05/20 City Fund Account
Monthly IPAD charges City Fund Account
Verizon May phone charges City Fund Account
Cavalier May phone charges City Fund Account
Total Telephone
Training & Travel Expenses
Invoice # 15-3010 City Fund Account
Invoice # 15-2447 City Fund Account
Invoice # 15-2742 City Fund Account
Invoice # 15-2868 City Fund Account
CDE- Parsell & Jacobs City Fund Account
Invoice # 15-2447 City Fund Account
Invoice # 15-2742 City Fund Account
Invoice # 15-2868 City Fund Account
Total Training & Travel Expenses
Water/Sewer
Acct # 44345-32054 City Fund Account
Acct # 44341-32050 City Fund Account
Acct # 44253-31964 City Fund Account
Invoice # 1742264 City Fund Account
Total Water/Sewer
Total Expense
Net Ordinary Income
Net Income
Page 6 of 8
Paj 205
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Amount Balance
Ordinary Income/Expense
Expense
Apparatus Repairs & Maintenance
201.92 201.92
475.91 677.83
337.97 1,015.80
412.78 1,428.58
32.00 1,460.58
35.03 1,495.61
581.56 2,077.17
90.90 2,168.07
139.51 2,307.58
3,819.96 6,127.54
4,027.44 10,154.98
68.73 10,223.71
1,915.00 12,138.71
Total Apparatus Repairs & Maintenance 12,138.71 12,138.71
Contractual Services
10,500.00 10,500.00
Total Contractual Services 10,500.00 10,500.00
Electricity
2,482.12 2,482.12
47.88 2,530.00
Total Electricity 2,530.00 2,530.00
Gasoline
382.29 382.29
765.92 1,148.21
306.15 1,454.36
582.06 2,036.42
Total Gasoline 2,036.42 2,036.42
Heating Expenses- Gas
55.55 55.55
47.65 103.20
383.65 486.85
Total Heating Expenses- Gas 486.85 486.85
Medical Supplies & Physicals
128.60 128.60
Total Medical Supplies & Physicals 128.60 128.60
Office Supplies
14.81 14.81
64.00 78.81
Page 7 of 8
Paj 206
7:45 AM Robbins Hose Company # 1, Inc.
07/23/15
Accrual Basis Profit & Loss Detail
June 2015
Amount Balance
24.05 102.86
11.81 114.67
Total Office Supplies 114.67 114.67
Program Expenses
147.00 147.00
1,995.00 2,142.00
Total Program Expenses 2,142.00 2,142.00
Radio Repairs
600.00 600.00
Total Radio Repairs 600.00 600.00
Telephone
279.27 279.27
23.14 302.41
300.20 602.61
300.20 902.81
279.53 1,182.34
32.19 1,214.53
Total Telephone 1,214.53 1,214.53
Training & Travel Expenses
900.00 900.00
200.00 1,100.00
20.00 1,120.00
160.00 1,280.00
20.00 1,300.00
200.00 1,500.00
20.00 1,520.00
160.00 1,680.00
Total Training & Travel Expenses 1,680.00 1,680.00
Water/Sewer
305.50 305.50
14.49 319.99
9.49 329.48
250.00 579.48
Total Water/Sewer 579.48 579.48
Total Expense 34,151.26 34,151.26
Net Ordinary Income -34,151.26 -34,151.26
Net Income -34,151.26 -34,151.26
Page 8 of 8
Paj 207
Dover Police Department
Monthly Report
To
Mayor and City Council
“To Protect and Serve”
June 2015
Paj 208
DEPARTMENT OF POLICE
Paul M. Bernat 400 South Queen Street
Chief of Police Dover, Delaware 19904
F.B.I.N.A. 302-736-7111
Fax: 302-672-1842
August 10, 2015
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
Starting with this report, we are including the data from the citations issued by the Dover Police Cadets.
The following is the monthly report for Dover Police Department activities for the month of June 2015:
COMPLAINTS
Total complaints received through June 30, 2015, numbered 18,397; this is an increase of 1513 complaints over the
same time period last year.
21,000 17,942 17,773 18,397
16,263 16,884
16,000
11,000
6,000
1,000
2011 2012 2013 2014 2015
CRIMINAL INVESTIGATIONS
20
15 Cases Reported in June
10 8 8 Cases Cleared in June
5
Cases Cleared from Previous
5 1 2 1 0
1 1 2 2 Months
0 0 0 0
0
Burglary Robbery Rape Homicide Sudden Death
Paj 209
Report to Mayor and Council
June 2015
Page 3
COMMUNITY POLICING - SAFE STREETS, QUALITY OF LIFE (QOL) & CADETS
SAFE STREETS ENFORCEMENT & Contacts
QOL
ABANDONED VEHICLES 4
ALCOHOL VIOLATIONS/DUI’S 12
ASSIST OTHER 8 CADETS Contacts
WARRANTS ON FILE 1 PARKING 3
BIKE ON SIDEWALK 0 DCO’S 22
CITY PARK VIOLATIONS 4 OPEN CONTAINER 13
CRIMINAL ARRESTS 43 LOUD NOISE 7
DRUG RELATED ARRESTS 42 LEWDNESS 0
LOUD MUSIC 3 OTHER 2
MISCELLANEOUS VIOLATIONS 16 BUSINESSES CONTACTED 306
PARKING VIOLATIONS 5 LIBRARY CHECKS 66
PEDDLER 0 COMPLAINTS ASSIGNED 29
MEETINGS 77 SPECIAL EVENT 1
GUNS 3 TOTAL CONTACTS 449
CURFEW CHECKS 60
CRIME PREVENTION CHECK 25
TRAFFIC ARRESTS 39
WARNINGS 19
FUGITIVE 19
TOTAL CONTACTS 380
TRAFFIC ARRESTS
The department issued 6,631 traffic citations through this reporting period. This is a decrease of 1,414 citations
over the number issued during the same period last year.
12,000 10,491
10,000 8,439 8,401
8,045
8,000 6,631
6,000
4,000
2,000
0
2011 2012 2013 2014 2015
Paj 210
Report to Mayor and Council
June 2015
Page 4
TRAFFIC CRASHES
Through June 30th, Dover Police investigated 891
traffic crashes. This is a decrease of 128 crashes 1,500
investigated during the same period last year. 1,400
1,300
1,200
1,100 951 978 1,019
1,000 872 891
900
800
700
600
500
2011 2012 2013 2014 2015
911 CENTER
During the month of June, the Dover Police
Department handled a total of 11,150 calls
28% averaging 372 calls per day. Dispatchers
handled 3,175 calls on the 911 wireless lines, 550
calls on the 911 landlines, and 293 calls on the
911 Wireless
Voice Over Internet Protocol lines, the remaining
911 Landline
7,132 were administrative calls.
VolP
64% 5%
3% Administrative
CITY ORDINANCE SUMMONS
5,000
Through June 30th, we issued 3,134 city 4,500
ordinance summons, a decrease of 387 4,000
summonses over the same period last year. 3,500
3,000
*Note: Of those summonses issued in 2,500
June, 29 DCO’s were issued for 2,000
handicapped parking violations, 7 for fire 1,500
lane parking violations, 36 for false alarms 1,000
500
(0, for 1-2, 26, for 3-5 alarms, 6, for 6-9 0
alarms, 1, for 10-15 alarms, and 3, for 16 2011 2012 2013 2014 2015
or more alarms) and 8 for noise violations ISSUED 4,565 3,727 3,680 3,521 3,134
(7 for vehicle violations and 1 for PAID 2,790 3,241 2,144 2,507 1,866
residence violations).
Paj 211
Report to Mayor and Council
June 2015
Page 5
SEX OFFENDER STATISTICS/JUNE
MONTHLY NON COMPLIANT
VERIFICATIONS NOTIFICATIONS
REVERIFICATIONS WARRANTS
TIER 1 0 0 0 0
TIER 2 16 1472 36 0
TIER 3 19 2140 21 0
ACTIVE SEX OFFENDERS THAT RESIDE IN THE CITY OF DOVER (please note, Tier 1 offenders are not
contacted by Dover Police Sex Offender Agents).
200
180
160
140
120
100
80
60
40
20
0
MAY JUNE
TIER 2 185 179
TIER 3 76 72
Please visit our website at www.doverpolice.org for up to date information on crimes and activities in the City of
Dover.
Respectfully Submitted,
Paul M. Bernat
Chief of Police
Paj 212
City of Dover
Capital Investment Plan
Project Tracking Report
Quarterly Report as of Jun 30, 2015
Preliminary
Points to Remember -
* Original Project Budget = Original Total Project Budget initially included in approved annual budget.
* Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following:
bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per
the Budget Amendment Procedure.
* Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent
budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010.
Can also be amended with City Manager approval per the Budget Amendment Procedure.
* Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once
individual projects are identified and estimated they are created using an allocation of the overall budgeted amount.
* Status and Comments provided by City Manager.
Community Water & Total
Current Year Budget Funding Sources General Transportation Wastewater Electric CIP
Budget Balance $ 1,989,300 $ - $ 10,994,600 $ 2,318,900 $ 15,302,800
General Billings for Reimbursement of Expense - - - 250,000 250,000
Debt Financing 3,532,200 - - - 3,532,200
Other State/Federal Grants 208,000 - - - 208,000
State Community Transportation Funds - 1,677,800 - - 1,677,800
Transfer from WW Impact Fee Reserve - - 1,315,600 - 1,315,600
Transfer from General Fund 2,196,000 - - - 2,196,000
Transfer from Operating Funds - - 3,000,000 4,750,000 7,750,000
Transfer from Parkland Reserve 104,000 - - - 104,000
Interest Income - - 40,000 24,800 64,800
Total Funding Sources (Unaudited) $ 8,029,500 $ 1,677,800 $ 15,350,200 $ 7,343,700 $ 32,401,200
Paj 213
City of Dover
General Fund - Major CIP Projects
Quarterly Report as of Jun 30, 2015
Preliminary
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project % Original Revised Fiscal %
Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget
Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments
1 FY 2013
2 ST1304 M B/L Garrison Farm Improvements $ 1,924,000 $ 4,600,000 $ 2,853,968 $ 1,746,032 62.0% $ 2,600,000 $ 4,226,700 $ 2,480,657 $ 1,746,043 58.7% In Process Project approximately 80% complete
3 Totals - FY 2013 $ 1,924,000 $ 4,600,000 $ 2,853,968 $ 1,746,032 62.0% $ 2,600,000 $ 4,226,700 $ 2,480,657 $ 1,746,043 58.7%
4
5 FY 2014
6 --- Equipment (Sprayer) $ 18,600 $ 18,600 $ - $ 18,600 0.0% $ - $ 18,600 $ - $ 18,600 0.0% Cancelled
7 CS1402 G Security Cameras/Fence 55,000 55,000 49,672 5,328 90.3% - 55,000 49,672 5,328 90.3% Complete
8 PR1401 A/C System @ Pitts Center 65,000 104,000 104,000 - 100.0% - 104,000 104,000 - 100.0% Complete
9 PR1402 G Schutte Park Land Improvement 30,000 49,700 49,700 0 100.0% - 48,300 48,276 24 99.9% Complete
10 PR1403 G Demolition @ White Oak Park - 70,500 59,452 11,048 84.3% - 66,100 55,047 11,053 83.3% Complete
Project complete awaiting final
11 ST1402 Concrete Program 70,000 45,500 3,937 41,563 8.7% - 42,300 702 41,598 1.7% Complete invoices
12 ST1403 B/L FY 2014 Bonded Street Program 595,494 547,594 548,461 (867) 100.2% - 85,294 150 85,144 0.2% Complete
13 ST1403 B/L Pear Street 126,100 126,100 123,133 2,967 97.6% - 126,100 123,133 2,967 97.6% Complete
14 ST1403 B/L Emergency Storm/Sewer Repair 18,406 18,406 18,406 0 100.0% 18,406 18,406 0 100.0% Complete
15 ST1404 Village of Westover IV 129,400 129,400 129,400 - 100.0% - 129,400 129,400 - 100.0% Complete
16 Totals - FY 2014 $ 1,108,000 $ 1,164,800 $ 1,086,161 $ 78,639 93.2% $ - $ 693,500 $ 528,786 $ 164,714 76.2%
17
18 FY 2015
19 --- Vehicles & Equipment $ 673,100 $ 673,100 $ 632,869 $ 40,231 94.0% $ 673,100 $ 673,100 $ 632,869 $ 40,231 94.0% In Process
20 --- 800 MHZ Radio Replacement - Police 329,500 329,500 329,450 51 100.0% 329,500 329,500 329,450 51 100.0% Complete
21 FR1500 Annual Contribution to Robbins Hose 238,500 238,500 237,965 535 99.8% 238,500 238,500 237,965 535 99.8% Complete
22 FR1501 SCBA Equipment/Radios 588,800 588,800 288,651 300,149 49.0% 588,800 588,800 288,651 300,149 49.0% In Process Equipment has been ordered
23 PR1501 50%G Park & Playground Impr Equipment 66,000 66,000 - 66,000 0.0% 66,000 66,000 - 66,000 0.0% Deferred Carryforward to FY16
Awaiting completion of needs
24 PR1502 Dover Park Improvement 80,000 - - - 0.0% 80,000 - - - 0.0% Deferred assessment. Put in Reserve for now.
Project under re-design.
25 ST1501 Salt Storage Barn 50,000 75,000 - 75,000 0.0% - 75,000 - 75,000 0.0% In Process Carryforward to FY16.
26 ST1502 Streets, Alleys and Concrete Prog. 900,000 624,400 179,592 444,808 28.8% 900,000 624,400 179,592 444,808 28.8% In Process Project approximately 50% complete
27 ST1503 Misc Emergency Street/Storm Repairs 75,000 75,000 40,090 34,910 53.5% 75,000 40,090 34,910 53.5% Complete Work complete awaiting final invoices
28 ST1504 G Old PW2 Site Improvements 150,000 150,000 106,195 43,805 70.8% 150,000 150,000 106,195 43,805 70.8% In Process Design work ongoing
Design work complete, staff ready to
29 ST1505 Silver Lake Dam Inspection 51,400 51,400 24,613 26,787 47.9% 51,400 51,400 24,613 26,787 47.9% Complete bid out project
Kent Conservation District has
30 ST1506 Stormwater Ditch Maintenance 15,000 15,000 - 15,000 0.0% 15,000 15,000 - 15,000 0.0% In Process scheduled work to occur in the fall
31 ST1507 Buttner Place Flooding Design - 30,000 24,249 5,752 80.8% 30,000 24,249 5,752 80.8% Complete
Project continuing, approximately 50%
32 ST1508 G Stormwater Utility Planning 90,000 90,000 7,650 82,350 8.5% 90,000 90,000 7,650 82,350 8.5% In Process complete with study.
33 CS1502 12 Additional Security Cameras 102,600 102,600 102,585 15 100.0% 102,600 102,600 102,585 15 100.0% Complete
34 $ 3,409,900 $ 3,109,300 $ 1,973,908 $ 1,135,392 63.5% $ 3,284,900 $ 3,109,300 $ 1,973,908 $ 1,135,392 63.5%
35
36 Grand Totals $ 6,441,900 $ 8,874,100 $ 5,914,036 $ 2,960,064 66.6% $ 5,884,900 $ 8,029,500 $ 4,983,351 $ 3,046,149 62.1%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year.
G = Grant funded project
B/L = To be financed through bonds or commercial loan.
Paj 214
City of Dover
Community Transportation - Major CIP Projects
Quarterly Report as of Jun 30, 2015
Preliminary
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project % Original Revised Fiscal %
Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget
Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments
1 FY 2009 - FY 2013
2 CT0212 South Street Paving $ 80,400 $ 42,200 $ 42,198 $ 2 100.0% $ - $ - $ - $ - 0.0% Complete Remaining funds transferred to CT1562
3 ST0232 Pat Lynn Drive/D.H.S. Storm Drain Pipe 155,200 190,300 184,778 5,522 0.0% - 5,500 - 5,500 0.0% Complete Unused funds still available
4 CT0555 Little League Parking Lot paving 11,600 - - - 0.0% - - - - 0.0% Complete Remaining funds transferred to CT1562
5 TE0601 M Lincoln Park Center 900,000 1,423,500 523,277 900,223 36.8% - 900,200 - 900,200 0.0% In Process On-going
6 CT0708 E Water Street Brick 65,000 65,000 - 65,000 0.0% - 65,000 - 65,000 0.0% Specialty contract needed
7 CT0977 Schutte Park Parking Lot 22,000 - - - 0.0% - - - - 0.0% Complete Budget transferred to CT1562
8 CT1201 North Street Roundabout 500,000 572,200 572,205 (5) 100.0% - 17,800 17,840 (40) 100.2% Complete
9 CT1317 Wesley College Phase II 148,600 148,600 119,241 29,359 80.2% - 29,400 - 29,400 0.0% Complete Awaiting invoices
10 CT1369 Bayard Ave (Orchard Av & Morris Dr) 24,700 24,700 3,396 21,304 13.7% - 24,700 3,396 21,304 13.7% Complete
11 Totals - FY 2009 - FY 2013 $ 1,907,500 $ 2,466,500 $ 1,445,095 $ 1,021,405 58.6% $ - $ 1,042,600 $ 21,236 $ 1,021,364 2.0%
12
13 FY 2014
14 CT1405 Lakeview Drainage Study $ 24,400 $ 24,400 $ 18,187 $ 6,213 74.5% $ - $ 24,400 $ 18,187 $ 6,213 74.5% In Process Working with homeowner to obtain easement.
15 CT1412 Inner City Cultural League - S. West St. 38,400 38,400 37,092 1,308 96.6% - 38,400 37,092 1,308 96.6% Complete
16 CT1490 Persimmon Park Place Planning Study 600 6,000 5,638 362 0.0% - 6,000 5,638 362 94.0% Complete
17 Totals - FY 2014 $ 63,400 $ 68,800 $ 60,917 $ 7,883 88.5% $ - $ 68,800 $ 60,917 $ 7,883 88.5%
18
19 FY 2015
20 CT1542 Loockerman Plaza $ 42,600 $ 42,600 $ - $ 42,600 0.0% $ 42,600 $ 42,600 $ - $ 42,600 0.0% Complete Awaiting final invoices
21 CT1551 Townsend Blvd Striping 5,100 5,100 5,067 33 99.4% 5,100 5,100 5,067 33 99.4% Complete
Project underway. Phase I complete, phase II and
22 CT1562 Village of Cannon Mill Repavement 315,000 386,900 25,997 360,903 6.7% 315,000 386,900 25,997 360,903 6.7% In Process III underway.
23 CT1571 Solid Rock Church 25,000 25,000 17,350 7,650 69.4% 25,000 25,000 17,350 7,650 69.4% Complete
24 CT1599 Signage Agreement 2,700 2,700 1,170 1,530 43.3% 2,700 2,700 1,170 1,530 43.3% Complete Awaiting final invoices
25 CTxxxx Unapplied CT Projects (placeholder) 500,000 500,000 - 500,000 0.0% 112,300 104,100 - 104,100 0.0% Future CT Agreements
26 Totals - FY 2015 $ 890,400 $ 962,300 $ 49,584 $ 912,716 5.2% $ 502,700 $ 566,400 $ 49,584 $ 516,816 8.8%
27
28
29 Grand Totals $ 2,861,300 $ 3,497,600 $ 1,555,596 $ 1,942,004 44.5% $ 502,700 $ 1,677,800 $ 131,738 $ 1,546,062 7.9%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year.
C = Project funded by combination of CT Funds and General Fund
Paj 215
City of Dover
Water/Wastewater Improvement & Extension Fund - Major CIP Projects
Quarterly Report as of Jun 30, 2015
Preliminary
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project % Original Revised Fiscal %
Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget
Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments
1 FY 2008 - FY 2013
Staff working on a memorandum of understanding with
2
WD0804 M 1.0 MG Elevated Water Storage $ 4,196,600 $ 2,556,000 $ 87,827 $ 2,468,173 3.4% $ - $ 2,470,700 $ 2,500 $ 2,468,200 0.1% In Process owner of property
3 WD0805 M Piney Point Well 398,800 1,096,200 1,093,212 2,988 99.7% - 3,000 - 3,000 0.0% Complete
4 WW1010 I Tar Ditch Interceptor Upgrade 518,200 310,400 50,082 260,318 16.1% - 260,400 - 260,400 0.0% In Process On hold per City Manager
5 WD1302 M Garrison Farm Water Storage Tank 1,828,000 4,677,000 2,555,680 2,121,320 54.6% 400,000 4,221,600 2,100,291 2,121,309 49.8% In Process Project underway, approximately 80% complete
6 WW1304 M Garrison Farm WW Improvements 1,828,000 3,738,400 3,109,976 628,424 83.2% - 3,199,700 2,571,260 628,440 80.4% In Process Project underway, approximately 85% complete
7 Totals - FY 2008 - FY 2013 $ 8,769,600 $ 12,378,000 $ 6,896,778 $ 5,481,222 55.7% $ 400,000 $ 10,155,400 $ 4,674,051 $ 5,481,349 46.0%
8
9 FY 2014
10 WW1205 Dover Brook Gardens PS Upgrade $ 52,800 $ 28,000 $ 27,924 $ 76 99.7% $ - $ 14,400 14,295 $ 105 99.3% Complete
Project underway, general contractor and
11
WW1206 Brandywine Pump Station 402,000 375,600 274,381 101,219 73.1% - 339,100 237,906 101,194 70.2% In Process manufacturer have stalled project.
12 WW1207 McKee PS 55,000 154,900 154,834 66 100.0% - 147,200 147,110 90 99.9% Complete
13 WW1301 Hazlettville Rd Interceptor 20,400 5,200 5,129 71 98.6% - 1,100 1,075 25 97.7% Complete
14 WW1302 Lakeview PS 52,700 42,900 42,871 29 99.9% - 800 804 (4) 100.4% Complete
Contractor has mobilized, beginning site
15
WW1303 Westover PS 768,800 1,350,400 58,002 1,292,398 4.3% 718,000 1,299,600 7,254 1,292,346 0.6% In Process reconstruction.
16 II1402 West Dover Connector 37,800 37,800 37,800 (0) 100.0% - 2,000 2,000 - 100.0% Complete
17 II1404 Basin #5 I & I Buck Drive 342,000 465,400 464,034 1,366 99.7% - 426,200 424,883 1,317 99.7% Complete
18 Totals - FY 2014 $ 1,731,500 $ 2,460,200 $ 1,064,975 $ 1,395,225 43.3% $ 718,000 $ 2,230,400 $ 835,327 $ 1,395,073 37.5%
19
20 FY 2015
21 --- R Vehicles & Equipment $ 345,800 $ 345,800 $ 33,771 $ 312,029 9.8% $ 382,300 $ 345,800 $ 33,771 $ 312,029 9.8% In Process
Meters have been ordered, on back order, awaiting
22
WD1500 R Meter Replacement Project 19,000 19,000 - 19,000 0.0% 19,000 19,000 - 19,000 0.0% In Process delivery.
23 WD1501 R Wellhead Redevelopment 80,000 67,200 8,250 58,950 12.3% 80,000 67,200 8,250 58,950 12.3% In Process Contractor has begun, awaiting invoices
24 WQ1501 R Water Quality Improvements 527,500 4,800 - 4,800 0.0% 527,500 4,800 - 4,800 0.0% Complete
25 WQ1502 R Misc Emerg Water Quality Repairs 75,000 87,800 87,716 84 99.9% - 87,800 87,716 84 99.9% Complete
26 WQ1503 West Dover Connector Project 336,000 336,000 184,561 151,439 54.9% - 336,000 184,561 151,439 54.9% In Process Project approximately 90% complete.
27 WD1503 R WTP Process Improvements 175,000 160,000 25,896 134,104 16.2% 175,000 160,000 25,896 134,104 16.2% Complete Phase I of design complete
28 WD1504 SCADA Equipment Tech Upgrade 78,000 78,000 75,698 2,302 97.0% 78,000 78,000 75,698 2,302 97.0% Complete
29 WD1505 Well #11 VFD Repair 6,000 6,000 5,668 332 94.5% - 6,000 5,668 332 94.5% Complete
Project awarded, awaiting crop to be harvested prior to
30
WD1506 Shallow Well #7 Abandonment 15,000 15,000 - 15,000 0.0% 15,000 15,000 15,000 0.0% In Process work commencing. Carryforward to FY16.
31 WW1501 Inflow/Infiltration Removal 917,400 - - - 917,400 - - - 0.0% Complete All money allocated to a location
32 WW1503 Hazzletteville Road Interceptor 755,000 201,700 - 201,700 0.0% 755,000 201,700 - 201,700 0.0% In Process Project on hold per City Manager
33 WW1504 Lakeview Dr Pump Stn Replacement 450,000 408,400 48,817 359,583 12.0% 450,000 408,400 48,817 359,583 12.0% In Process Project underway, approximately 25% complete.
34 WW1505 R Pump Station Repairs 36,000 38,000 34,853 3,147 91.7% 36,000 38,000 34,853 3,147 91.7% Complete
35 WW1506 Walker Rd PS Gen Replacement 58,000 44,000 - 44,000 0.0% 58,000 44,000 - 44,000 0.0% Complete
36 WW1507 Retreat Pump Station Replacement 52,000 42,000 36,174 5,826 86.1% 52,000 42,000 36,174 5,826 86.1% Complete Complete with design.
37 WW1508 McKee Run PS Generator Repair 14,000 25,000 23,672 1,328 94.7% - 25,000 23,672 1,328 94.7% Complete
38 WW1509 West Dover Connector Road Utility Relo 922,000 922,000 10,859 911,141 1.2% - 922,300 10,859 911,441 1.2% In Process Project approximately 90% complete.
39 WW1510 Puncheon Run Pump Station Repair 36,000 36,000 35,293 707 98.0% - 36,000 35,293 707 98.0% Complete
40 II1501 R Misc Emergency I&I Repairs 200,000 127,400 115,629 11,771 90.8% - 127,400 115,629 11,771 90.8% Complete
41 Totals - FY 2015 $ 5,097,700 $ 2,964,100 $ 726,855 $ 2,237,245 24.5% $ 3,545,200 $ 2,964,400 $ 726,855 $ 2,237,545 24.5%
42
43
44 Grand Totals $ 15,598,800 $ 17,802,300 $ 8,688,608 $ 9,113,692 48.8% $ 4,663,200 $ 15,350,200 $ 6,236,234 $ 9,113,966 40.6%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is budgeted to start over each fiscal year. No carry forward.
SL = State Loan Project - construction phase is financed
I = Impact Fee (partially) financed project
O = Operating revenues
Paj 216
City of Dover
Electric Improvement & Extension Fund - Major CIP Projects
Quarterly Report as of Jun 30, 2015
Preliminary
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project % Current Revised Fiscal %
Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget
Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments
1 FY 2012 - FY 2013
Unit operations, balancing, and commissioning of TSI
2 EG1212 M Unit 3 Turbine Inspection/Repair $ 1,494,000 $ 1,713,536 $ 1,660,148 $ 53,388 96.9% $ - $ 151,800 $ 98,392 $ 53,408 64.8% In Process to be completed in May 2015
3 EE1308 M Horsepond Substation Upgrade 730,900 934,200 934,157 43 100.0% - 314,600 314,588 12 100.0% Complete
4 EE1312 M General Scott Switchgear 1,155,000 1,155,000 47,794 1,107,206 4.1% 1,100,000 1,137,600 30,421 1,107,180 2.7% In Process Construction to start Sept 2015
5 EE1314 Capitol Park Upgrade - 347,872 340,238 7,634 97.8% 27,500 19,815 7,685 72.1% In Process Under construction
6 Totals - FY 2012 - FY 2013 $ 3,379,900 $ 4,150,608 $ 2,982,338 $ 1,168,270 71.9% $ 1,100,000 $ 1,631,500 $ 463,215 $ 1,168,285 28.4%
7
8 FY 2014
9 --- R Metering Infrastructure & Freightliner $ 392,000 $ 425,000 $ 241,828 $ 183,172 56.9% $ 33,000 $ 425,000 $ 241,828 $ 183,172 56.9% In Process
10 EE1443 GOTP Transmission Line Relocation 550,000 550,000 141,526 408,474 25.7% - 550,000 141,526 408,474 25.7% In Process
11 EG1402 M Unit 3 Cooling Tower Repairs 803,000 1,133,000 1,130,569 2,431 99.8% 676,000 1,101,200 1,098,784 2,416 99.8% Complete
12 EG1406 McKee Run Energy Pipe Replacement 80,000 80,000 77,692 2,308 97.1% - 26,500 24,178 2,322 91.2% Complete
13 EG1407 R Metering System Upgrades 150,000 90,000 - 90,000 0.0% 125,000 90,000 - 90,000 0.0% Deferred Project on hold until FY16; No carry forward
14 EG1408 R McKee/VanSant Safety & Compliance 185,000 86,000 59,695 26,305 69.4% - 63,100 36,770 26,330 58.3% In Process No Carry Forward
15 EG1413 McKee/VanSant Preserve Structure 42,000 42,000 - 42,000 0.0% - 42,000 - 42,000 0.0% Cancelled Project cancelled
Multi-year project. Mechanical installation in
progress. Electrical and controls modification
16 EG1416 M VanSant Capacity Increase 1,500,000 1,000,000 521,390 478,610 52.1% 750,000 901,900 423,334 478,566 46.9% In Process reviews on-going. Anticipate testing in June 2015.
17 EE1421 Richardson Circle Upgrade - 400 307 93 0.0% - 400 307 93 76.7% Complete Project complete in FY14. Final invoice rec'd FY15.
18 EE1433 Chandelle Airport URD 117,900 100,200 100,129 71 99.9% - 52,900 52,828 72 99.9% Complete
19 EE1429 Clearview Meadows 88,000 85,300 4,108 81,192 4.8% - 81,200 - 81,200 0.0% Complete Bankrupt Subdivision; No action since 2013; Close
20 EE1438 Dover Downs Tower 53,800 51,600 51,508 92 99.8% - 51,600 51,508 92 99.8% Complete
21 EE1439 Family Dollar Store 9,800 7,500 7,357 143 98.1% - 7,500 7,357 143 98.1% Complete
22 EE1440 Kraft Foods 69kv Temp 10,000 10,000 5,739 4,261 57.4% - 4,300 - 4,300 0.0% Complete
23 Totals - FY 2014 $ 3,981,500 $ 3,661,000 $ 2,341,847 $ 1,319,153 64.0% $ 1,584,000 $ 3,397,600 $ 2,078,420 $ 1,319,180 61.2%
24
25 FY 2015
26 --- R Vehicles & Equipment $ 53,100 $ 53,100 39,389 $ 13,711 74.2% $ 53,100 $ 53,100 $ 39,389 $ 13,711 74.2% In Process
27 EG1503 McKee Unit 3 Aux Sys Comp 160,000 89,000 87,293 1,707 98.1% 160,000 89,000 87,293 1,707 98.1% Complete
28 EG1504 McKee Unit 3 Boiler System 295,000 138,000 57,287 80,713 41.5% 295,000 138,000 57,287 80,713 41.5% In Process Will need to extend project into next FY
29 EG1505 VanSant Unit II Comp Replacement 25,000 - - - 0.0% 25,000 - - - 0.0% Cancelled
30 EG1506 McKee & VanSant Safety Improvement 52,000 52,000 33,776 18,224 65.0% 52,000 52,000 33,776 18,224 65.0% In Process
31 EG1507 McKee Run 1&2 Comp Replacement 37,000 - - - 0.0% 37,000 - - - 0.0% Cancelled Transferred budget to EG1402
32 EG1508 R Plants - Preserve Structure 120,000 83,800 52,965 30,835 100.0% 120,000 83,800 52,965 30,835 63.2% Deferred Transferred portion of budget to EG1402; No C/F
33 EE1500 69 kV Rebuild 75,000 75,000 12,029 62,971 16.0% 75,000 75,000 12,029 62,971 16.0% In Process
Cancelled by state due to lack of state funding for
34 EE1505 DNREC R&R Metering 41,000 - - - 0.0% 41,000 - - - 0.0% Cancelled FY15
35 EE1506 R Lighting Proj & Rehab 50,000 50,000 - 50,000 0.0% 50,000 50,000 - 50,000 0.0% Deferred New project for FY16 - EE1604; No C/F
Underground relocation to begin depending on
36 EE1509 West Dover Connector 250,000 250,000 94,209 155,791 37.7% 250,000 250,000 94,209 155,791 37.7% In Process weather
37 EE1513 M Town Point Distribution Feeders 250,000 250,000 240,837 9,163 96.3% 250,000 250,000 240,837 9,163 96.3% In Process Directional boring has begun
38 EE1514 Meadows @ Jefferson Terrace 15,400 - - - 15,400 - - - 0.0% Cancelled Waiting on developer
39 EE1515 R New Developments FY 2015 171,300 56,000 - 56,000 0.0% 171,300 56,000 - 56,000 0.0% Unallocated to a location; No C/F;
Contractor to install conduit to proceed, PS
40 EE1516 Chestnut Grove 299,000 255,000 118,999 136,001 46.7% 299,000 255,000 118,999 136,001 46.7% In Process completed
41 EE1520 69 kV Cable Replacement North Street 85,000 85,000 - 85,000 0.0% 85,000 85,000 - 85,000 0.0% Deferred In design. New project for FY16 - EE1605
42 EE1521 College to McKee Feeders 50,000 - - - 50,000 - - - 0.0% Cancelled PW not doing their portion for several years
43 EE1522 Garrison Oak Park 184,000 184,000 166,523 17,477 90.5% 184,000 184,000 166,523 17,477 90.5% In Process
44 EE1523 Uzin Utz 39,300 8,000 7,936 64 99.2% 39,300 8,000 7,936 64 99.2% Complete
45 EE1524 Best Buy Transformer 12,400 12,400 12,339 61 99.5% 12,400 12,339 61 99.5% Complete
46 EE1525 Leander Lakes Apt Phase 1 73,000 73,000 3,608 69,392 4.9% 73,000 3,608 69,392 4.9% In Process
47 EE1526 Playtex Addition 200,000 354,100 204,136 149,964 57.6% 354,100 204,136 149,964 57.6% In Process NSC permits being submitted. Line work in process.
48 EE1527 DAFB Temporary Concrete Plant 36,000 27,200 27,157 43 99.8% 27,200 27,157 43 99.8% Complete
49 EE1528 640 Beechwood Avenue 6,600 6,600 6,919 (319) 104.8% 6,600 6,919 (319) 104.8% Complete
50 EE1529 W. Denny's Bridge 5,000 4,100 4,079 21 99.5% 4,100 4,079 21 99.5% Complete
51 EE1530 Bayhealth URD Relocation 12,600 10,200 10,144 56 99.5% 10,200 10,144 56 99.5% Complete
52 EE1531 Windstream DAFB/College Road 17,700 14,700 14,663 37 99.7% 14,700 14,663 37 99.7% Complete Fiber path from College to DAFB complete
53 EE1532 Dover Litho 1 & 2 30,500 22,700 22,580 120 99.5% 22,700 22,580 120 99.5% Complete
54 EE1533 DE State Police Generator 5,500 4,400 4,301 99 97.7% 4,400 4,301 99 97.7% Complete
55 EE1534 Hardees Rte 13 Damage 7,800 7,800 7,782 18 99.8% 7,800 7,782 18 99.8% Complete
56 EE1535 Eden Hill Lights Phase 1 17,000 17,000 17,315 (315) 101.9% 17,000 17,315 (315) 101.9% Complete
57 EE1537 Kirby and Holloway 21,900 - - - - - - 0.0% Deferred Awaiting owner direction
58 EE1541 Blue Hen Corp - Phase I 25,600 25,600 - 25,600 0.0% 25,600 - 25,600 0.0% In Process Roll over to FY16 - EE1632
59 EE1542 Westminster Village 26,200 23,900 23,774 126 99.5% 23,900 23,774 126 99.5% Complete
60 EE1543 Habitat Kirkwood Street 10,700 10,700 8,433 2,267 78.8% 10,700 8,433 2,267 78.8% Complete
61 EE1544 Nottingham Meadows 28,600 28,600 2,011 26,589 7.0% 28,600 2,011 26,589 7.0% In Process
62 EE1545 Firefly Lights 12,500 12,500 9,680 2,820 77.4% 12,500 9,680 2,820 77.4% Complete
63 EE1546 DelTech Signs 13,600 13,600 8,113 5,487 59.7% 13,600 8,113 5,487 59.7% In Process
64 EE1547 NBR Properties 16,600 16,600 2,686 13,914 16.2% 16,600 2,686 13,914 16.2% In Process Primary fee paid
65 Totals - FY 2015 $ 2,831,900 $ 2,314,600 $ 1,300,962 $ 1,013,638 56.2% $ 2,252,100 $ 2,314,600 $ 1,300,962 $ 1,013,638 56.2%
66
67 Grand Totals $ 10,193,300 $ 10,126,208 $ 6,625,148 $ 3,501,060 65.4% $ 4,936,100 $ 7,343,700 $ 3,842,597 $ 3,501,103 52.3%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years. B = Bonded Project
R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. S = State fully or partially reimbursed project
Paj 217
Memorandum
Office of the City Manager
PO Box 475
Dover, DE 19903
Phone: (302) 736-7005
FAX: (302) 736-7002
E-mail: skoenig@dover.de.us
To: City Council Members
From: Scott D. Koenig, P.E.
City Manager
Date: August 5, 2015
Subject: Revised Proposal for Disposition of City Owned Land – 16 South Queen
Street, 18 South Queen Street & 24 North New Street
During the regular City Council meeting on Monday, June 22, 2015, the Dover City Council
declared all of the referenced properties as excess property and allowed the City Manager to
negotiate the final sale price of both 16 & 18 South Queen Street with Habitat for Humanity
(Attachment A). The final sale price on 16 & 18 South Queen Street was increased from $5,000
per lot to $6,600 per lot.
In addition, the City Manager was authorized to dispose of 24 North New Street using the
“Standard Method of Disposition”. While working to prepare the sealed bid package for 24
North New Street, Habitat for Humanity submitted an amended offer to purchase the property
and increased their offer from $5,000 to $10,500. This offer is confirmed by a letter received on
July 27, 2015 (Attachment B). The current lien amount on this property is $35,908.46 as
previously indicated. The assessed land value is $11,000. Habitat for Humanity has also
outlined the benefits to entering into a purchase contract with them. These benefits include long-
term home ownership, expanded housing partnerships, and shared goals related to Strong
Neighborhood Housing and the Restoring Central Dover Plan.
Based on the amended purchase offer amount of $10,500 and the information contained in the
correspondence dated July 27, 2015, the City Manager requests authorization to sell the property
located at 24 North New Street to Central Delaware Habitat for Humanity without seeking
additional bids. The write-off amount for this transaction will be ($35,908.46 - $10,500)
$25,408.46.
SDK/sdk
Attachment A – Minutes of City Council Meeting of June 22, 2015 (pages 12 – 16)
Attachment B – Letter dated July 27, 2015 from Jocelyn Tice, Habitat for Humanity