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• COUNCIL AGENDA
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  REGULAR COUNCIL MEETING AGENDA June 28, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE 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 - Regular Council Meeting of June 14, 2010 2. Public Hearing - Board of Assessment Appeals Exemption Reports - May 5, May 26, and June 9, 2010 A. May 5, 2010 * a-1. A&I Housing Inc. - 80 N. Halsey Rd. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-2. A&I Housing Inc. - 235 N. New St. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-3. A&I Housing Inc. - 728 Maple Pky. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-4. DIMA IX Inc. - 456 E. Loockerman St. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-5. DIMA IX Inc. - 223 Mifflin Rd. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-6. DIMA IX Inc. - 15 Pin Oak Dr. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-7. Pennsylvania Lines - Land/Tracks S. West St. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption)

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  Council Agenda June 28, 2010 Page 2 * a-8. Pennsylvania Lines - Land/Tracks New Burton Rd. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * a-9. Village of Westover Homeowners Assoc. - Open Space Village of Westover (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) a-10. Westover LLC - Open Space Village of Westover (Assessor Recommended Denial of Request for Exemption) (Board Recommended Denial of Request for Exemption) a-11. Robino-Sea Chase LLC - Open Space Village of Westover (Assessor Recommended Denial of Request for Exemption) (Board Recommended Denial of Request for Exemption) B. May 26, 2010 * b-1. Persimmon Park Place Condominium Council Inc. - Open Space Persimmon Park (Assessor Recommended Approval of Request for Exemption) (Board Requested Item be Tabled Pending Legal Opinion) * b-2. First Pilgrim Baptist Church - 350 Frear Dr. (Assessor Recommended Approval of Request for Exemption) (Board Requested Item be Tabled Pending Legal Opinion) * b-3. YMCA - 1145 S. State St. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * b-4. YMCA - 1169 S. State St. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) b-5. Correctional Officers Assoc. - 1243 College Park Dr. (Assessor Recommended Denial of Request for Exemption) (Board Recommended Denial of Request for Exemption) C. June 9, 2010 c-1. First Pilgrim Baptist Church - 350 Frear Dr. (Assessor Recommended Approval of Request for Exemption) (Board Recommended Denial of Request for Exemption) * c-2. Persimmon Park Place Condominium Council Inc. - Open Space Persimmon Park (Assessor Recommended Approval of Request for Exemption) (Board Recommended Approval of Request for Exemption) * 3. Utility Committee Report - June 14, 2010 A. National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit (Committee Recommended Acceptance of the Report)

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  Council Agenda June 28, 2010 Page 3 4. Legislative, Finance, and Administration Committee Report - June 14, 2010 * A. Review and Recommendation - Filling Critical Positions a-1. Permanent Full Time and Temporary Full Time Administrative Assistant - City Clerk’s Office (Committee Recommended that Staff be Granted Permission to Recruit for the Permanent, Full-Time Administrative Assistant Position in the City Clerk's Office and Temporarily Hire the Previous Records Management Coordinator, Ms. Denise Devine, until a Permanent Employee Can Be Hired) a-2. Temporary Full Time Payroll Specialist - Finance Department (Committee Recommended that Staff be Granted Permission to Recruit for the Temporary, Full-Time Payroll Specialist Position in the Finance Department) B. Medicare Part B Reimbursement Exception (Committee Recommended Approval of this Non-Precedent Setting Request for a Medicare Part B Reimbursement Exception) * C. Concerns Regarding Bidding by Minority Businesses (Committee Recommended that Staff be Directed to Study the Bidding Process as it Relates to Minorities and Women and Bring a Program Back to the Committee that Would Address the Issues Discussed by Members) * D. Proposed Ordinance #2010-18 - Appendix B - Zoning, Article 9 - Board of Adjustment (See Item #12-A) (Committee Recommended that Proposed Ordinance #2010-18 be Forwarded to City Council for a First Reading on June 28, 2010; Referred to the Planning Commission for Consideration on July 19, 2010; and that a Final Reading and Public Hearing Be Set Before City Council on August 9, 2010) * E. Refunding of 2004 Electric Revenue Bonds (Committee Recommended Approval to Refund the 2004 Taxable Electric Revenue Bonds with Series 2010 Tax Exempt Electric Revenue Bonds) * F. Reaffirmation of Authority to Purchase Utility Commodities and Execute Contracts (Committee Recommended Reaffirmation that the City: 1) May Enter into Edison Electric Institute (EEI) Master Power Purchase & Sale Agreements, International Swaps and Derivatives Association (ISDA) Master Agreements, North American Energy Standards Board (NAESB) Master Agreements, or Other Similar Enabling Agreements, along with Any Related Schedules, Credit Support Documents and Confirmations, or Other Documents Pertaining to Any Energy Commodity or Investment Transactions; 2) May Enter into Energy Commodity or Investment Transactions for a Duration Not to Exceed Six (6) Years from the Date of Transaction Execution; 3) Has Authorized Pace Global Asset Management, LLC ("Pace Global") to Act as its Agent for All Energy Commodity and Related Investment Transactions; and 4) Has Granted the City Manager and Mayor the Authority to Execute Energy Commodity and Investment Transactions on Behalf of the City)

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  Council Agenda June 28, 2010 Page 4 5. Special Parks, Recreation, and Community Enhancement Committee Report - June 28, 2010 (Considered During the Parks, Recreation, and Community Enhancement Committee Meeting Earlier in the Evening) A. Approval of 2010 Community Development Block Grant (CDBG) Five (5) Year Consolidated Plan and Proposed Resolution #2010-04 (Council Referred Back to Committee During Their Meeting of June 14, 2010) * 6. Annual Report - Dover Fire Department * 7. Monthly CIP Report - April 2010 8. Expenditure Authorization A. 2010 Office of Justice Programs (OJP) Justice Assistance Grant B. CIP Project PD1001 - Core Law Enforcement Server Replacements 9. Evaluation of Bids A. FY 2011 Street Program B. Miscellaneous Concrete Repair Program * 10. Election to Fill Vacancy - Robbins Hose Company - Terms to Expire December 31, 2010 (All Positions Unopposed) Deputy Fire Chief - David Carey First Assistant Fire Chief - Timothy Mullaney, Jr. Fourth Assistant Fire Chief - Carl Troubetaris Second Fire Line Captain - Donald Stock * 11. Appointments - Recommended by Mayor Carey A. Dover MPO Public Advisory Committee - Two (2) Year Term to Expire July 2012 - Dr. Carlton L. Cannon, Jr. (Reappointment) B. Board of Adjustment - Three (3) Year Terms to Expire July 2013 (Reappointments) b-1. K. C. Sheth, Chairperson (Reappointment) b-2. William Hufnal (Reappointment) 12. First Reading - Proposed Ordinances The First Reading is offered on the following proposed ordinances. Since they are amendments to the Zoning Ordinance and Zoning Map, they are recommended for referral to the Planning Commission on July 19, 2010, and that Public Hearings be set for August 9, 2010 at 7:30 p.m. and that the Second Readings and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. A. Proposed Ordinance #2010-18 - Appendix B - Zoning, Article 9 - Board of Adjustment (Legislative, Finance, and Administration Committee) B. Proposed Ordinance No. 2010-21 - Recreational and Open Space (ROS) Zone Map Amendments

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  Council Agenda June 28, 2010 Page 5 13. Final Reading - Proposed Ordinances The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 14, 2010. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. Ordinance #2010-20 - Notification of Tax Rate Increase Over the Rolled Back Tax Rate [Required in accordance with 22 Delaware Code Section 1105(b)] B. Ordinance #2010-19 - Budget Ordinances - 2010/2011 City of Dover Budget b-1. General Fund - Cash Receipts and Budget b-2. Governmental Capital Projects Fund - Cash Receipts/Revenue and Budget b-3. General Fund Contingency - Cash Receipts/Revenue and Budget b-4. General Capital Asset Replacement Fund - Cash Receipts/Revenue and Budget b-5. Municipal Street Aid Fund - Cash Receipts/Revenue and Budget b-6. Water/Wastewater Fund - Revenue and Budget b-7. Water/Wastewater Improvement and Extension Fund - Cash Receipts/Revenue and Budget b-8. Water/Wastewater Capital Asset Reserve - Cash Receipts/Revenue and Budget b-9. Water/Wastewater Contingency Reserve - Cash Receipts/Revenue and Budget b-10. Electric Revenue Fund - Revenue and Budget b-11. Electric Utility Improvement and Extension Fund - Cash Receipts/Revenue and Budget b-12. Electric Utility Contingency Reserve - Cash Receipts/Revenue and Budget b-13. Electric Utility Depreciation Reserve - Sources and Uses of Funds b-14. Electric Utility Future Capacity Reserve - Sources and Uses of Funds b-15. Electric Utility Insurance Stabilization Reserve - Sources and Uses of Funds b-16. Electric Utility Rate Stabilization Reserve - Sources and Uses of Funds b-17. Workers Compensation Fund - Cash Receipts/Revenue and Budget b-18. Community Transportation Improvement Fund - Cash Receipts/Revenue and Budget b-19. OPEB (Other Post-Employment Benefits) Reserve Fund - Cash Receipts/Revenue and Budget b-20. Parkland/Recreation Reserve - Cash Receipts/Revenue and Budget b-21. Library Reserve - Cash Receipts/Revenue and Budget b-22. Library Grant Fund - Cash Receipts/Revenue and Budget C. Downtown Dover Business Improvement District-Cash Receipts/Budget FY 2010-2011 D. Proposed Ordinance #2010-13 - Furloughs and Pension Plan Closing 14. Council Members Announcements /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2010\06-28-2010.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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• COUNCIL Minutes

  REGULAR COUNCIL MEETING The Regular Council Meeting was held on June 28, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Mr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Council staff members...

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• COUNCIL PACKET (Meeting packet)

  REGULAR COUNCIL MEETING AGENDA June 28, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council...

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