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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 26, 2010 at 7:30 p.m. with Council President
Hogan presiding. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Leary,
Mr. McGiffin, Mrs. Williams, and Mr. Salters. Mr. Bonar and Mr. Ruane were absent.
Council staff members present were Captain Timothy Stump, Ms. Russell, Mrs. Mitchell,
Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and
Mrs. McDowell. Mayor Carey was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to the commencement of the Official Council
Meeting. Council President Hogan declared the Open Forum in session and reminded those
present that Council is not in official session and cannot take formal action.
Mr. EShed Alston, 46 Arnold Court, reminded members that his previous requests for
consideration of ordinances and concerns are not being considered by Council for action (See
Open Forum Segment of the Regular Council Meeting of July 12, 2010). He relayed the importance of
the proposed ordinances as they are relative to the recent public disrespect for God.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Hogan advised members that staff requested that Item #9-B, Evaluation of
Bids - Sanitary Sewer Main Relining (Inflow and Infiltration Removal), be removed from the
agenda.
Responding to Mrs. Williams, Mr. Anthony DePrima, City Manager, indicated that there was a
concern with the low bid; therefore, staff would like the opportunity to further evaluate the bids.
Mr. Leary moved for approval of the agenda as amended, seconded by McGlumphy and
unanimously carried.
Council President Hogan indicated that Item #8, Monthly CIP Report - May 2010, was
inadvertently left off of the Consent Agenda and requested that it be amended to include this
item.
Mr. Leary moved for approval of the consent agenda as amended, seconded by Mrs.
Russell and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 12, 2010
The Minutes of the Regular Council Meeting of July 12, 2010 were unanimously approved
by motion of Mr. Leary, seconded by Mrs. Russell and bore the written approval of
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 2
Mayor Carey.
CERTIFICATES OF RECOGNITION - SUPPORT OF WOODCREST APARTMENT
FIRE VICTIMS
The following Certificates of Recognition were read into the record by Mrs. Traci McDowell,
City Clerk:
To The Community
On behalf of the City of Dover we would like to recognize all of the individuals, businesses and
organizations in the Greater Dover Area, who were incredibly generous in the giving of
donations to aid in helping the victims of the Woodcrest Apartment fire.
We should all feel proud of living in a community where people come together in such dire times.
The outpouring of donations was astronomical, and continued on for weeks to follow.
Thank you again for making Dover a place where people want to live.
Gene Montano, William Cintron, and Kevin Fountain of Dover High School in the Capital
School District
WHEREAS, in a society where things can change so rapidly, the importance of community
involvement remains constant; and
WHEREAS, affectionate, caring people are essential to the growth and development of a
community and we recognize the leaders who stand out amongst us as the basis of our City's
strength and morality; and
WHEREAS, the Capital School District continued to support the community in aiding with a
shelter in the time of need; most recently being the fatal fire at the Woodcrest Arms Apartments.
We appreciate the dedication of Gene Montano, William Cintron and Kevin Fountain who aided
our employees in helping run a shelter that made the victims feel as welcome and comfortable as
possible in their time of sorrow and fear.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE
would like to recognize Gene Montano, William Cintron, and Kevin Fountain of Dover High
School in the Capital School District for their outstanding participation and community
involvement during a tragic time of need.
Mayor Carey presented the Certificate to Mr. William Cintron and Mr. Kevin Fountain and
relayed appreciation for the assistance provided to the victims. Mayor Carey indicated that
Mr. Gene Montano was not able to attend this evening=s meeting; therefore, he attended a recent
Board Meeting for the Capital School District and presented Mr. Montano with the Certificate of
Recognition at that time.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 3
Rick Gould - YMCA Volunteers
WHEREAS, in a society where things can change so rapidly, the importance of volunteering in a
community remains constant; and
WHEREAS, dedicated, giving people are essential to the well being of any community, we want
to recognize Rick Gould, Executive Director of the YMCA as a leader that stands out amongst
many and the numerous volunteers who aided the efforts; and
WHEREAS, the support you offered to the city to aid in the organization and distribution of
donations from our community during the days following the fatal fire at the Woodcrest Arms
Apartments was sincerely appreciated. We are grateful to you, your staff, volunteers and
members of the YMCA that participated.
NOW, THEREFORE, THE MAYOR and COUNCIL OF THE CITY OF DOVER, DELAWARE
would like to recognize Rick Gould - YMCA Volunteers for your outstanding participation and
community involvement during a tragic time of need.
Mayor Carey presented the Certificate to Mr. Rick Gould and volunteers of the YMCA for the
assistance provided to the victims. He noted that the YMCA was disrupted for approximately
two (2) weeks in order to provide this assistance.
Wayne Hutchison
WHEREAS, in a society where the unexpected can change our day so quickly, the importance of
your position as Emergency Management Coordinator remains constant; and
WHEREAS, dedicated employees are essential to the well being of any organization, particularly
to our own municipality, where so many rely upon our services for daily living and education;
and
WHEREAS, the support you offered to the victims during the day of and those following the fatal
fire at the Woodcrest Arms Apartments was sincerely appreciated. For making those at the
shelter feel welcome to assisting in distribution of supplies to the victims. We thank you.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE
would like to recognize Wayne Hutchison for your outstanding participation and community
involvement during a tragic time of need.
Mayor Carey presented the Certificate to Mr. Wayne Hutchison, Emergency Management
Coordinator, for his efforts in contacting the various organizations in order to provide services to
the victims.
Kay Dietz-Sass
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 4
WHEREAS, Woodcrest Arms Apartments experienced a tragic, fatal fire on June 6, 2010,
resulting in injuries and the displacement of many residents; and
WHEREAS, Kay Dietz-Sass, Public Affairs Coordinator for the City of Dover, provided
immediate aid and support to victims at the scene of the fire and began the process of
establishing a shelter; and
WHEREAS, Kay Dietz-Sass coordinated ongoing efforts within the local community to gather
food, arrange permanent housing, replace household goods, and collect monetary donations to
address the needs of the fire victims; and
WHEREAS, Kay Dietz-Sass has maintained personal contact with those affected by the fire to
ensure that they are well cared for.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER would like to
recognize Kay Dietz-Sass for her outstanding participation and community involvement during a
tragic time of need.
Mayor Carey presented the Certificate to Ms. Kay Dietz-Sass, Public Affairs Coordinator, for
her efforts in assisting the victims.
REQUEST FOR WITHDRAWAL OF REZONING APPLICATION - PROPERTIES
LOCATED AT 217 AND 223 MCKEE ROAD, OWNED BY MOR-KATH-RIC, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property
located at 217 and 223 McKee Road, owned by Mor-Kath-Ric, LLC, consisting of 1.12+/- acres.
The property is currently zoned R-7 (One Family Residence) and subject to COZ-1
(Corridor Overlay Zone) and the proposed zoning is RM-1 (Medium Density Residence) and
subject to the COZ-1. (Ordinance #2010-16; Tax Parcels: ED05-067.15-02-02.00-000 and
ED05-067.15-
02-01.00-000; Planning Reference: Z-10-06; Council District: Fourth). The First Reading of
Proposed Ordinance #2010-16 was accomplished during the Council Meeting of May 24, 2010.
Council President Hogan reminded members that this item was postponed by the Planning
Commission during their meeting of June 21, 2010, and on July 12, 2010, City Council
rescheduled the public hearing for September 13, 2010.
Council President Hogan noted that members had been provided a letter submitted by
Mr. Troy Adams, Vice-President of Mor-Kath-Ric, LLC, requesting to withdraw the rezoning
application.
Mr. McGlumphy moved for approval of the request to withdraw the rezoning application
for property located at 217 and 223 McKee Road, owned by Mor-Kath-Ric, LLC. The
motion was seconded by Mrs. Williams and unanimously carried (Mr. Bonar and Mr.
Ruane absent).
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 5
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
REPORT - JULY 12, 2010
The Parks, Recreation, and Community Enhancement Committee met on July 12, 2010 with
Chairwoman Russell presiding.
Active Recreation Plan Review: The Arbors - 1051 College Road (C-10-02)
Members were provided the Active Recreation Area Plan for the Arbors Condominiums located
at 1051 College Road for their review and recommendation as a part of the Conditional Use Site
Development Plan. The Conditional Use Site Plan is to permit the construction of an
apartment/condominium building with a total of 48 units. This parcel has been subject to several
previous applications. The most recent application for development was C-07-05, which
proposed a Planned Neighborhood Design for a Senior Housing Option. The Recreation Plan, as
submitted with the current application, differs significantly from previous applications. This
parcel was subject to a recent rezoning (Z-09-05), changing the zoning of the property from R-8
(One Family Residence Zone) to RG-2 (General Residence Zone).
Mr. Michael Albert, Planner II, advised members that the subject property consists of one (1)
parcel of land totaling 4.32+/- acres. He explained that the Active Recreation Area is located in
two (2) distinct locations within the site, and proposed amenities include a gazebo/picnic/tot-lot
playground area, as well as a walking path.
Staff submitted the following recommendations and comments regarding the Active Recreation
Area Plan:
1. The proposed plan meets the area requirements for the Active Recreation Area. The plan is
required to provide 10,000 S.F. of Active Recreation Area and it is proposing 10,600 S.F. of
Active Recreation Area.
2. Staff recommended approval of the proposed Active Recreation plan. The site must cater to a
wide variety of people and must provide recreation opportunities for them on a relatively
small lot. The combination of a walking path to College Road and the sitting/picnic facilities
provides opportunities for adults. The tot-lot playground caters to children who may reside in
the apartment building as well.
3. The following items should be included on the Plan to clarify the construction of the
recreation area improvements:
a. Provide lighting around the Active Recreation Areas.
b. Provide trash disposal/collection for the playground area.
4. The tot-lot playground should be geared towards children aged 5-12 in order to allow for the
greatest usage of the area among residents.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 6
5. The applicant was reminded of the requirements for construction phasing of the recreation
area, as associated with the development of the residential units.
Article 5 §10.6 Construction Phasing. The recreation and open space
areas shall be completed in a proportion equal to or greater than the
proportion of residential dwelling units completed, except that one
hundred (100) percent of the recreation and open space areas shall be
completed prior to issuing building permits for the final twenty (20)
percent of the dwelling units proposed. Building permits shall not be
issued for dwelling units unless the requirements of this section are met.
6. There shall be provisions which ensure that the common open space land (including Active
Recreation Area) shall continue as such and be properly managed and maintained. The
developer shall either retain ownership and responsibility for maintenance of such open land
or provide for and establish one (1) or more organizations for the ownership and maintenance
of all common open space, i.e., a Homeowners Association. The organization shall be
responsible for maintenance, insurance, and taxes on the common open space.
a. Add a note on the Site Plan regarding who is responsible for maintenance, insurance,
and taxes on the common open space.
7. In the event that major changes and revisions to the Conditional Use Site Plan occur in
the finalization of the Plan, contact the Planning Office. Examples include reorientation of
buildings, relocation of site components like stormwater management areas, and increases in
floor area. These changes may require resubmission for review by the Development
Advisory Committee, Planning Commission, or other agencies and commissions making
recommendations in regards to the plan.
In response to Mr. Ruane, Mr. Greg Rishel, Pennoni Associates, advised members that the
applicant is aware of the recommendations submitted by staff. Mr. Jordan Ashburn, Ashburn
Homes, indicated no objections to these recommendations.
The Committee recommended approval of the Active Recreation Plan Review for The Arbors -
1051 College Road, as recommended by staff.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
Request of Maple Glen Homeowners Association to Amend Active Recreation Area
Members were advised that the Planning Office received a letter from the Maple Glen
Homeowners Association requesting permission to remove the playground equipment in the
subdivision and replace it with a picnic/cook-out area and horseshoe pits. The horseshoe pits are
already installed. Because the Active Recreation Area is part of the approved subdivision, the
requested change must be reviewed by the Parks, Recreation, and Community Enhancement
Committee and ultimately approved by the Planning Commission.
Members were provided a copy of a letter from Ms. Carolyn Akin, Vice-President of the Maple
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 7
Glen Homeowners Association, explaining the reasons for requesting the amendment to the
Active Recreation Area for Maple Glen. On behalf of the Association, Mrs. Laura Shernofsky
advised members that the request is being made since the demographics of the neighborhood no
longer support the need for the playground equipment for 3-5 year olds and due to the high costs
of maintaining the equipment. In its place, she stated that the Homeowners Association would
like to create an area for cookouts that would facilitate community gatherings. To this end, the
homeowners have already relocated a table and bench to the park area and have voluntarily
financed the building and installation of a horseshoe pit adjacent to the table and bench. In
addition, Mrs. Shernofsky advised members that the homeowners have discussed the possibility
of installing shuffleboard courts when it is financially feasible. She stated that the Maple Glen
Homeowners Association requested permission to remove the playground equipment, level and
seed the area, and, when their financial situation will allow, install a permanent picnic grill in the
area, and she inquired if these changes would suffice as a recreational component for the
community.
Staff provided members a summary of the Active Recreation Plan that was approved by the
Planning Commission as part of the Subdivision Plan in 2002.
Responding to Mr. Ruane, Mrs. Townshend, Director of Planning and Community Development,
stated that staff supports the request with the stipulation that the homeowners take the actions
they have indicated.
In response to Mr. Ruane, Mrs. Townshend stated that, to her knowledge, this is the first request
for an amendment to an Active Recreation Area. She stated that the Dover Code is not
prescriptive regarding the handling of changes to approved recreational areas; however, she
stated that the Code is specific that such areas are a part of the Subdivision Plan and that
homeowners associations are required to maintain these areas in perpetuity. As a result, she felt
that it was necessary to bring this request through the process utilized for approval of the Active
Recreation Area.
Mr. Ruane noted that the demographics of neighborhoods change constantly and, although he
understood the reasons for the request, he relayed concern with the lack of guidance for the
process and its effect on future neighborhood associations.
Responding to Mr. McGlumphy, Mr. Zachery Carter, Director of Parks and Recreation, stated
that the requirement for maintaining such areas in perpetuity refers to the requirement that the
land remain as open space. Clarifying, Mrs. Townshend stated that the Code indicates that
improvements are required to be maintained by the homeowners association and does not
provide guidance regarding improvements which no longer suit a community=s needs.
Mrs. Horsey felt that the Committee should be flexible in allowing homeowners associations to
make these types of determinations if they are willing to finance and maintain such changes.
She suggested that staff review the Code to determine if an amendment is required.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 8
Responding to Mr. Ruane, Mr. Phillip Shernofsky, President of Maple Glen Homeowners
Association, stated that the issue was discussed at an annual general membership meeting, which
was open to all homeowners. At that time, one (1) of the families with younger children
suggested the amendment. Mr. Shernofsky assured members that a majority of the homeowners
support the proposed amendment.
The Committee recommended approval of the request of the Maple Glen Homeowners
Association to amend the Active Recreation Area, as stipulated in their letter of request.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the
City of Dover Since July 2009
Mr. William Neaton, Economic Development Director, provided an updated report of
employment statistics for the 14 largest employers in the Dover area (attachment to Committee
minutes) and reminded members that this information is updated and presented to members on a
semi-annual basis (the last report was presented on February 22, 2010).
Although the unemployment rate throughout the City of Dover has remained constant at 9.5%,
Mr. Neaton noted that several employers have increased the number of employees.
Mr. McGlumphy requested a more comprehensive report which includes details regarding small
businesses, such as the number of businesses opened and closed within the last year. He noted
that there are many closed businesses and empty buildings in the downtown area, as well as
along Route 13. He suggested that information be provided regarding specific businesses that
have closed, as well as new businesses that have taken their places, when applicable, in order to
reflect the net result. It was his opinion that, although the report provided to members is helpful,
it does not provide an indication of the City=s actions, since the City is not instrumental in the
hiring of employees for some of the businesses listed. With regards to the goals and objectives
of the Economic Development Office that were provided to members, Mr. McGlumphy noted
there is a strong focus on the Downtown Dover Partnership and requested that this focus be
expanded outside the downtown area.
In response to Mr. Ruane, Mr. Neaton indicated that the City maintains a list of commercial and
industrial properties located within the City of Dover. He confirmed that, in addition to
monitoring retail vacancies, the Economic Development Office provides updated information to
local realtors and works with manufacturers to encourage retaining or relocating businesses in
the City. With regards to the Garrison Tract, Mr. Neaton stated that the site plan was near
completion. He indicated he was working with Macquarie Energy Limited regarding this matter,
would be meeting with State Department of Natural Resources and Environmental Control
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 9
(DNREC) officials for permitting, and had a meeting scheduled with the Delaware Department
of Transportation (DelDOT) on July 13, 2010. He advised members that he has already met with
a professional marketer regarding the development of a marketing plan after the site plan is
completed; however, he noted that there is limited funding available for this purpose. Once the
plan is completed, Mr. Ruane requested that members be provided an opportunity to review it.
The Committee recommended acceptance of the Semi-Annual Report - Statistics Regarding Jobs
and Businesses Gained and Lost in the City of Dover since July 2009.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
UPDATES
The following updates were provided to members:
Puncheon Run Watershed Action Team Update
Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that
staff met with the Kent Conservation District and that a grant was obtained from the Clean Water
Advisory Council for flood plain work adjacent to the pump station and bridge on
Mr. Joseph Petrosky=s property. Staff met with Mr. Petrosky to discuss an overflow channel and
redirection of water from Woodbrook into the channel. He assured members that Mr. Petrosky
has indicated his concurrence with the project. Mr. Koenig advised members that there is a
limited timeline for the first phase of this project due to the expiration of grant funding. He
anticipated written correspondence regarding this project within the next 30-45 days.
Responding to Mr. Ruane, Mr. Koenig stated that he has requested the inclusion of Puncheon
Run flood plain mapping with the project and should know the results within the next couple of
months.
Planning and Funding for New Library
Mr. Zachary Carter, Parks and Recreation Director, reviewed updated information regarding
planning and funding for the new library. He reminded members that $2.5M was requested from
the State of Delaware Bond Bill. Since a total of $3,284,357 in Bond Bill monies has been
received, he stated that only $1.7M will be requested next year, rather than an additional $2.5M.
He advised members that fundraising efforts continue to be successful.
Responding to Mr. McGlumphy, Mr. Carter indicated that the total project is estimated to cost
$22M and that this cost will be updated as the project moves forward. He assured members that
costs associated with this project will be monitored closely and that detailed expenditure reports
will be provided to members once construction begins. Should there be a shortage in funding, he
stated that proposed plans will be presented to the Committee for their review.
Community Development Block Grant (CDBG) Program
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 10
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the
report of the Status of FY 2008-2009 Community Development Block Grant (CDBG) projects
which was provided to members.
In response to Mr. Ruane regarding the Downtown Dover Partnership Youth Employment
Program, Mrs. Townshend stated that grant monies can be carried over to the next fiscal year.
Mr. William Neaton, Economic Development Director, projected that funds would be expended
by the end of August and relayed that he has requested an extension through that period.
Mrs. Townshend assured members that such extensions are typically granted as long as funds
are being expended and the extension does not jeopardize the City=s ability to meet the CDBG
timeliness standard.
Schutte Park Space - Boys and Girls Club/CDSA
Mr. Darryl Tingle, Executive Director of the Greater Dover Boys and Girls Club, advised
members that, during a recent meeting, Mr. George Krupanski, President and CEO of the Boys
and Girls Clubs of Delaware, indicated that the Greater Dover Boys and Girls Club remains
committed to building a facility in the Schutte Park area. However, due to the financial issues
that many non-profit organizations are currently experiencing, he stated it was not possible to
move forward at this time. He noted that a phased-in approach may be possible, if adequate
funding is obtained. Mr. Tingle advised members that a retreat for the Greater Dover Boys and
Girls Club Board is scheduled for July 29, 2010, and that this issue will be discussed at that time.
He assured members they would be kept abreast of this matter.
Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised
members that the City was awarded $1,426,740 for the acquisition and rehabilitation of
foreclosed properties. A total of $1,206,990 has been expended on the acquisition of eight (8)
properties and renovations for two (2) properties. The remaining balance, in the amount of
$232,209, will be utilized for renovations. She indicated that one (1) property has been sold, one
(1) property is under contract, and four (4) properties are being renovated. She reminded
members that the Dover Community Partnership, the Diamond State Community Land Trust,
and the Connections Community Support Program are the three (3) partner agencies that
purchased the properties.
Comprehensive Plan Implementation Status Report
Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that her
staff has been focusing on three (3) major projects, including the evaluation and update of
Historic District guidelines, development of ordinance amendments for Recreation and Open
Space (ROS) Rezoning, and rewriting the environmental protections portion of the
Comprehensive Plan.
Responding to Mr. Ruane, Mrs. Townshend stated that there has been minimal negative
feedback received from homeowners regarding the proposed ordinance amendments for the ROS
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 11
Rezoning. She noted that approximately 150 properties within the City would be brought
forward for rezoning in conformance with the proposed ordinance amendments and that
approximately 3,000 notices were mailed to owners of properties proposed for rezoning and
those within 200' of affected areas. The information was also posted on the City website, at the
library, and at City Hall. Mrs. Townshend indicated that approximately 150 phone calls were
received from the public requesting clarification and that two (2) property owners relayed
concerns, one of whom was Mr. Petrosky. She indicated that the proposed ordinance has been
revised to address Mr. Petrosky=s concerns and will be presented to the Planning Commission for
their review and recommendation to City Council.
Mr. Jess McVay, 7 McBry Court, stated that, although he resides outside of City limits, due to
close proximity, he was provided notification regarding the proposed Recreation and Open Space
Ordinance and was present at the meeting in order to get a better understanding of the proposed
amendments and their possible effects. Responding, Mrs. Townshend agreed to meet with
Mr. McVay following the meeting.
Mrs. Townsend noted that staff is working with realtors, homebuilders, the Department of
Natural Resources and Environmental Control (DNREC), and the Sierra Club to update the
environmental protections provisions of the Comprehensive Plan to increase their effectiveness.
She anticipated providing the draft to members for their review during the September or October
meeting.
Youth Advisory Committee
Mrs. Russell advised members that the Youth Advisory Committee is on hiatus for the summer
and will resume meeting in September.
By consent agenda, Mr. Leary moved for acceptance of the Parks, Recreation, and
Community Enhancement Committee Report, seconded by Mrs. Russell and carried by a
unanimous roll call vote (Mr. Bonar and Mr. Ruane absent).
UTILITY COMMITTEE REPORT - JULY 12, 2010
The Utility Committee met on July 12, 2010 with Chairman Ruane presiding.
Briefing on State Energy Bills (Consideration of SB 119 Renewable Portfolio Standards was
Deferred by Committee on June 28, 2010 Due to Time Constraints)
Mr. Anthony DePrima, City Manager, introduced Mr. Patrick McCullar, President and Chief
Executive Officer, Delaware Municipal Electric Corporation (DEMEC), and explained that the
City is one of nine (9) municipalities in the State of Delaware who are paying members of the
Corporation. He stated that one of the functions of DEMEC is to monitor energy related
legislation.
Mr. McCullar reviewed a presentation of a Summary of Energy Related Legislation Passed by
the 145th General Assembly and Effects on Municipal Electric Cooperatives (attachment to
committee minutes).
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 12
In response to Mr. Ruane, Mr. McCullar noted that an analysis has not been performed to
determine municipalities= current progress toward meeting the goals established by the State;
however, this will be part of DEMEC=s planning process. In addition, he noted that DEMEC is
committed to the offshore wind project planned for the Delaware coast and is doing all it can to
encourage moving this project forward.
Responding to Mr. Snaman, Mr. McCullar stated that local city and town councils have the
option of administering an independent energy plan or charging DEMEC with the responsibility
of constructing and implementing a plan on their behalf. He suggested that the most efficient
approach would be for all nine (9) municipalities to allow the DEMEC Board of Directors
(which would include a City of Dover representative) to guide policy decisions and direct
DEMEC on implementation. He explained that different municipalities may choose different
approaches.
Concurring, Mr. DePrima noted that the DEMEC Board has not yet met to determine how the
organization will be structured; however, he stated he currently favored learning how
administration could be accomplished collectively with other municipalities for greater
efficiency and flexibility. He assured Mr. Snaman that the City=s interests as a leader in the field,
having instituted a solar project and made a commitment for wind power, would be monitored
and protected.
Mr. Bonar encouraged Mr. DePrima to pursue additional manufacturing facilities in the area. He
felt it important to inform others that green energy is not cheap and will increase the cost of
electricity for at least the immediate future.
Concurring, Mr. McCullar noted that renewable energy currently is at a premium compared to
energy from traditional sources and will be for several years. He stated that, as investments are
made, technology will improve, costs of technology will decrease, and at some point parity with
carbon-
based energy will be achieved. He explained that caps were included in the legislation to avoid
extreme run-ups in retail rates in the first five (5) years.
Mr. McCullar noted that, in the future, it will be more practical to engage in larger,
community-based renewable projects, similar to the Dover SUN Park, rather than small-scale
projects. He stated that DEMEC was created by municipalities in 1979 to perform these types of
capital finance investments. Mr. McCullar explained that DEMEC has A-rated credit in the
financial markets, has bonds that are very much in demand, and obtains the lowest rates possible.
He stated that bonds for a $7M substation in the City of New Castle recently sold at 2.92%. Mr.
McCullar indicated that allowing DEMEC to finance and build these types of projects can bring
value to the enterprise.
Responding to Mr. Ruane, Mr. McCullar explained that the Sustainable Energy Utility (SEU) is
a quasi-governmental agency created by the legislature several years ago which will have control
over a substantial amount of funds and will decide how renewable energy and energy efficiency
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 13
projects are performed in the State of Delaware. He explained that DEMEC does not have votes
on the SEU board at this time; however, the State is creating a renewable energy task force and
the municipalities will have a seat on that task force. The task force will be charged with making
recommendations on how to best move forward in achieving renewable energy goals and energy
efficiency goals in Delaware. Mr. McCullar stated that DEMEC has been assured that the SEU
will be listening closely to the recommendations of the task force.
Responding to Mr. Ruane, Mr. McCullar noted that Senate Bill 267 addresses solar, wind,
biomass, and geothermal renewable energy.
Mr. McCullar stated that DEMEC=s goal in considering the legislation is to ensure that
provisions are implemented in way that is useful to the State of Delaware but does not cause
unintended harm to end-use customers. Mr. Ruane commended Mr. McCullar for working with
the General Assembly, expressed his appreciation, and stated that the City would continue to
cooperate with DEMEC.
The Committee recommended acceptance of the report.
Mr. Ruane requested that Mr. DePrima and Mr. Ronald Lunt, Public Utilities Manager, provide
members an update regarding the implementation of State energy-related legislation at the
meeting scheduled for September 27, 2010.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
Review of Utility Related CIP=s (Electric and Water/Wastewater) (Deferred by Committee
on June 28, 2010 Due to Time Constraints)
Mr. Anthony DePrima, City Manager, stated that the report provided to members reflects the
status of projects as of April, 2010. He noted that a number of smaller projects at the Power
Plant were completed and several others at the Water/Wastewater Plant were delayed due to
financing.
Responding to Mr. Ruane, Mr. Lunt stated that the South Governors Avenue project is
progressing, water lines are being placed, a cut-in for the hospital was completed during the
week of July 5, 2010, and preparations have been completed for putting more facilities on the
electric system.
In response to Mr. Ruane, Mr. DePrima stated he would inquire as to possible internal problems
creating delays for moving the utilities related to construction of the new library.
Responding to Mr. Bonar, Mr. DePrima explained that the pumping station situated on the
former PW2 property is operated by Kent County. He noted that the City often receives
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 14
complaints regarding odor in the area, which are forwarded to the County.
The Committee recommended acceptance of the report.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
PACE/NAES Monthly Report (May)
Members were provided the PACE/NAES Monthly Report for May. The report was provided to
allow members the opportunity to monitor what is being sold in electric and the revenues
received, which will give members a better understanding of any fluctuations and make
improvements if deemed necessary. Although it was not staff=s intention to make a presentation
of the reports, they welcomed any questions.
Mr. DePrima noted that May 2010 was a hotter month than normal, resulting in a small amount
of energy generation and an $8,700 net value to the City. He noted that the City continues to
operate below budget projections for the cost of providing power. He stated that demolition,
including removal of old coal chutes, has begun behind the power plant, and expenses for this
project were reduced due to the current high cost of metal. He further explained that the project
would remove liability due to very old steel structures on the premises and would also free up
property for construction in the future. Mr. DePrima also noted that the Power Plant
management approached him to discuss the possibility of adding an engineering staffing position
to the plant and possibly eliminating an administrative position due to increased demands on
power plant operations. He stated that more detailed information on this matter has been
requested, and PACE, as the asset manager, will be asked to evaluate the proposal.
Mr. DePrima stated that increasing the capacity value of the Combustion Turbine (CT) was
being considered. He noted that this matter was discussed previously and not found to be cost
effective; however, a cost/benefit analysis utilizing a new technology will be performed. In
addition, he noted that PJM is beginning to create a new trading market for Solar Renewable
Energy Credits (SREC=s), so the City could trade, buy, and sell SREC=s.
In response to Mr. Ruane, Mr. DePrima relayed that the Environmental Protection Agency
(EPA) is considering proposed legislation related to a cap and trade bill, Renewable Portfolio
Standards (RPS) legislation, and regulation of greenhouse gases; however, none of these
proposed regulations have been finalized.
The Committee recommended acceptance of the PACE/NAES Monthly Reports for May 2010.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
Mr. Ruane noted that Mr. McGiffin would stand in as Committee Chair during his absence
throughout the months of July and August.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 15
By consent agenda, Mr. Leary moved for approval of the Utility Committee Report,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr.
Ruane absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
JULY 12, 2010
The Legislative, Finance, and Administration Committee met on July 12, 2010 with Chairman
Leary presiding.
Review and Recommendation - Filling of Critical Positions
During their meeting of February 23, 2009, members recommended approval of the Hiring
Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review
and approval of the Legislative, Finance, and Administration Committee and City Council. It
was suggested that there be a "standing" agenda item to consider the filling of critical positions
and, if there are no positions to consider, the item could be removed.
Police Officer
Members were reminded that, during their meeting of April 26, 2010, they reviewed a request to
recruit for a Police Officer. At that time, members deferred consideration of the request until the
incumbent of the position retired. Police Chief James Hosfelt explained that MCpl. Ralph
Taylor would be retiring effective July 15, 2010, and reviewed a request to recruit for his
replacement. He noted that filling the position is necessary in order for the Department and the
City of Dover to remain compliant with the provisions of the Community Oriented Policing
Service (COPS) grant, which City Council approved on September 14, 2009.
In response to Dr. Jones, Mr. Anthony DePrima, City Manager, stated that the Police Department
utilizes a recruiting system that is separate from that used by other City departments.
Chief Hosfelt noted that the position would be advertised nationally through several police
publications, on the internet, and in newspapers in the Tri-State radius. He explained that the
Department has had good results in recruiting officers from other departments in the Tri-State
Area in the past.
The Committee recommended approval to recruit for the position of Police Officer, as requested.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
Police Dispatcher
Chief James Hosfelt reviewed a request to recruit for a Police Dispatcher vacancy created by the
sudden resignation of an employee. He noted that the Emergency Dispatch/911 Center is
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 16
currently manned by ten (10) dispatchers, and the authorized strength of the unit is 11. He
explained that the starting salary of the new employee would be approximately $31,000 per year,
and that the previous employee, who had over ten (10) years of service, earned approximately
$50,000. He noted that procedure for advertising the position would be similar to that used by
the Department to recruit for Police Officers.
In response to Mr. Salters, Chief Hosfelt explained that, if this position was not filled, the cost of
providing overtime pay for current employees to perform this function would exceed the cost of
hiring a new employee. He noted that this was the only unit in the City that was not subject to
furloughs during FY 2009-2010, due to the emergency nature of the work. He estimated it
would take approximately two (2) months to fill the position.
In response to Mr. Shevock, Chief Hosfelt stated that Police Officers will not be pulled from
their regular duties to cover this position while vacant and indicated that interim duties would be
performed by the 911 Manager and other dispatchers.
The Committee recommended approval to recruit for the position of Police Dispatcher, as
requested.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
Proposed Resolution in Support of the Local Jobs Act
Mayor Carey explained that the National League of Cities has requested support for passage of
the Local Jobs for America Act by Congress. Members were provided a sample Resolution
expressing support. He stated that he spoke with Mitchel Herckis, Principal Associate for
Human Development and Public Safety, National League of Cities, who indicated that the City
could receive as much as $3,995,865 per year for two (2) years, if this legislation is passed as
written, and would also have the opportunity to apply for $1.2 billion in police hiring grants. He
noted that the deadline for submission of a Resolution in support of the Local Jobs for America
Act is the end of July.
Mr. Ruane stated his support of such a Resolution; however, he suggested that its wording be
significantly revised before it is brought to Council for a final vote. Mr. Ruane requested that
the document be edited to be "less generic" and more specific to the current economic condition
of the City, which he felt to be less severe than indicated in the Resolution. He specifically
mentioned that references to "layoffs" did not apply. Mr. Ruane also requested that further
information be obtained from the League of Local Governments before the Resolution is
presented to Council, including the status of the bill in Congress and the role of the local
delegation.
Concurring with Mr. Ruane, Mr. Leary noted that references to "firefighters" and "teachers"
should be removed from the Resolution.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 17
Mr. Hogan concurred with the concept of the Resolution and favored the content of the last two
(2) paragraphs; however, he felt Paragraphs 2, 3, and 4 were in need of revision.
Mr. Salters stated that he believed this bill had been rejected by Congress to this point; however,
the National League of Cities was attempting to garner support for its passage.
The Committee recommended to defer consideration of the Resolution until the meeting of
July 26, 2010; suggested that Mayor Carey contact Mr. George Wright, Executive Director of
the League of Local Governments, to determine the League=s standing on the Local Jobs for
America Act and determine if it is still active legislation; and rewrite the Resolution in
accordance with the suggestions made by members for discussion at the Legislative, Finance,
and Administration Committee meeting on July 26, 2010, and that, if the deadline is, in fact, the
end of July, this item be forwarded to City Council for consideration the same evening due to
time constraints.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent). (See Agenda Item #7 considered during the latter part of the meeting.)
Actuary Services Contract - Pension and Other Post-Employment Benefits
Mrs. Peggy Teal, Assistant Finance Director, reviewed a request to award a five (5) year contract
to Milliman, Inc. for Pension and Other Post Employment Benefits (OPEB) actuarial and
benefits consulting services. She explained that the $62,000 contract would include services to
be performed from FY 2011 to FY 2016. Mrs. Teal noted that Milliman was selected because of
their ability to perform both types of services requested and their convenient location in Wayne,
Pennsylvania. She noted that the Request for Proposal included a provision to have one (1)
actuary perform valuation services for both the Pension Plans and OPEB to create efficiency and
cost savings in preparing data; previously services of two (2) vendors were used.
Mrs. Teal explained that all proposals were reviewed for quality, experience, and qualifications
of the firm and its staff, valuation fees, hourly rates, travel, administrative factors, and the
amount of experience in the pension and medical benefits fields. In scoring the pricing of the
proposals, the hourly rates for consulting services were considered, along with the valuation
service fees. She noted that staff felt it was imperative to select a firm that could also meet the
future needs of the Health Benefits Committee and provide consultation services at a reasonable
overall cost. She indicated that ten (10) proposals were received, all of which indicated good
qualifications and experience. A Response Rating Analysis was provided to members. Mrs.
Teal noted that there were no local vendor or minority vendor preferences identified nor
submitted with these proposals.
In response to Mr. Salters, Mrs. Teal indicated that proposals were received from all over the
United States. She indicated that Milliman is a national firm that has not previously served the
City; however, references were checked and the firm was currently working with the Town of
Smyrna. She explained that actuarial services for Pension were previously performed by Al Pike
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 18
of Pike Associates, who recently retired, and that Nyhart, who was one (1) of the bidders for this
proposal, is currently performing these services for OPEB.
The Committee recommended that the contract for Pension and Other Post Employment
Actuarial Services and Benefits Consulting for FY 2011 - FY 2016, in the amount of $62,000, be
awarded to Milliman, Inc.
By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,
seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and
Mr. Ruane absent).
By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mrs. Russell and carried by a unanimous
roll call vote (Mr. Bonar and Mr. Ruane absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
JULY 26, 2010
Except for the following time sensitive issue, the Legislative, Finance, and Administration
Committee Report from the meeting of July 26, 2010 will be presented to Council during their
Regular Meeting of August 9, 2010 for Council=s review and consideration.
Proposed Resolution #2010-08 in Support of the Local Jobs for America Act
During the Committee meeting held earlier this evening, members considered a request for a
proposed Resolution in support of the Local Jobs for America Act. It was noted that this matter
was considered by members during their meeting of July 12, 2010 and that action was deferred
in order to allow time to revise the Resolution and obtain additional information.
The committee recommended adoption of Resolution #2010-08 in support of the Local Jobs for
America Act.
Mr. Leary moved to recommend adoption of Resolution #2010-08 in support of the Local
Jobs for America Act, seconded by Mr. McGlumphy and, by a unanimous roll call vote
(Mr. Bonar and Mr. Ruane absent), Council adopted the following Resolution:
A RESOLUTION PROPOSING THE SUPPORT OF THE LOCAL JOBS FOR
AMERICA ACT
WHEREAS, the City of Dover employs 394 workers in jobs ranging from city administration to
trash collection, and public safety;
WHEREAS, despite signs of national economic recovery, the City of Dover continues to face
significant budget shortfalls due to the loss of revenues from property taxes, construction
permits, and real estate transfer taxes; and
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 19
WHEREAS, the loss of revenues is significant enough that it may force the City of Dover to
keep important jobs vacant, including police officers, and others who provide critical services;
and
WHEREAS, such vacancies contribute to an increase in the lack of fiscal stability for this
community, and further contribute to the nation=s unemployment rate just as the economy begins
to recover; and
WHEREAS, federal aid will be necessary if the City of Dover is to avoid reducing public
services, increasing police and other job vacancies, or significant increases in taxes to pay the
salaries of these employees.
NOW, THEREFORE, BE IT RESOLVED that the City of Dover endorses H.R. 4812, the "Local
Jobs for America Act," because it would assist cities across America including Dover,
community-
based organizations, and private employers to retain and hire new employees;
BE IT FURTHER RESOLVED that the City of Dover supports the funding levels proposed in
this legislation, including:
• $75 billion over two years to local governments and community-based organizations to
retain or create public service jobs designed to ensure that city and other services are
maintained;
• $23 billion to local school districts for one year so that they may retain and create up to
250,000 new jobs;
• $1.18 billion so that local governments may employ 5,500 new law enforcement and
$500 million to retain, rehire, and hire firefighters; and
• Funding for 50,000 on-the-job private-sector training positions.
BE IT FURTHER RESOLVED that the City of Dover supports H.R. 4812 because it would
prevent state and local governments from having to choose between eliminating services and
raising taxes; and
BE IT FURTHER RESOLVED that the City of Dover supports H.R. 4812 because it would help
stimulate local businesses and create additional jobs in the local economy; and
BE IT FURTHER RESOLVED that the City of Dover urges Congress and the President to adopt
H.R. 4812 into law and fund the provisions outlined in the legislation immediately so that cities
and towns across America can retain existing employees and provide employment opportunities
in the public and private sectors.
ADOPTED: JULY 26, 2010
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 20
Mr. Leary moved for acceptance of the Legislative, Finance, and Administration
Committee Report, seconded by Mr. Salters and unanimously carried (Mr. Bonar and Mr.
Ruane absent).
MONTHLY CIP REPORT - MAY 2010
By motion of Mr. Leary, seconded by Mrs. Russell, the monthly CIP Report for May 2010
was accepted by consent agenda (Mr. Bonar and Mr. Ruane absent).
Evaluation of Bids - System Control and Data Acquisition (SCADA) Maintenance Contract
Mr. Anthony DePrima, City Manager, advised members that the Public Utilities Department
operates two (2) fixed System Control and Data Acquisition (SCADA) systems to monitor and
control 14 electric substations, two (2) power generation facilities, 23 water wells, one (1) water
treatment plant, and 42 wastewater pumping stations. In addition, he stated that the Public
Utilities Department operates the communication system for each location which communicates
either through fiber optics or a radio system. Mr. DePrima noted that a SCADA Technician (a
City employee) performed this function in previous years; however, when that employee retired,
it was decided to disperse the duties of this position to current employees and issue a "support"
contract to minimize expenses. Mr. Deprima advised members that the services provided under
this contract will include supporting staff members who are responsible for the maintenance and
repair of current SCADA components and assisting with the upgrade of obsolete equipment. In
addition, he noted that the contractor will assist staff with troubleshooting and repair of the
radio/fiber communication system and related components. Mr. DePrima stated that it was
determined that this practice should be continued as this method has proven to be cost effective;
therefore, proposals were solicited for a SCADA maintenance contract.
Mr. DePrima advised members that request for proposals was advertised by the City=s Contract
and Procurement Manager and two (2) responses were received. He stated that the low bid was
received from Donovan Contractual Services (DSC) at $50.00 per hour. Mr DePrima explained
that by structuring the contract in this form, the City could monitor the expenses and hire an
employee if it is economically advantageous. He noted that contract values with DCS for the last
two (2) years were $46,558 for FY 2009 and $24,650 for FY 2010 (through May).
Staff recommended awarding the contract to Donovan Contractual Services (DCS) for one (1)
year with the City=s option to annually extend the contract for a total of three (3) years.
Mr. McGlumphy moved for approval of staff=s recommendation, seconded by Mr. Leary
and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent).
Approval of Contracts - Delaware Solid Waste Authority (DSWA) - Municipal Discount
Disposal Fee and Recyclable Material Agreements
Members were provided a Municipal Discount Disposal Fee Agreement with the Delaware Solid
Waste Authority (DSWA) for consideration. Mr. Anthony DePrima, City Manager, advised
members that a coalition of municipalities who contract directly with the Delaware Solid Waste
Authority negotiated a new three (3) year contract with DSWA for Municipal Disposal Fees.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 21
He explained that DSWA initially proposed charging a higher fee for disposal and rebating
excess funds at the end of the year; however, municipalities were successful in negotiating
removal of this provision from the contract. The $72.00 per ton fee started on July 1, 2010 and
represents a 40% increase over last year=s fee. The fees will increase to $74.00 per ton and
$76.00 per ton over the next two (2) years of the contract. The municipalities were not
successful in convincing the DSWA to maintain the previous "Dry Waste" fee. All other
language is similar to existing provisions.
In addition, members were also provided a Recyclable Material Agreement with the DSWA.
Mr. DePrima advised members that the municipalities were also able to negotiate free disposal of
recyclable material waste for up to six (6) years. He explained that this gives the contracted
municipalities even greater assurances than the new Universal Recycling Law provides.
Although the municipalities were also able to negotiate a deferred payment plan, Mr. DePrima
indicated that there is no advantage to this option since Dover=s budget is done on an accrual
basis of accounting. He explained that municipalities that are taking advantage of the deferred
payment option use a cash basis budget.
Staff recommended that the City Manager be authorized to sign the DSWA Municipal Discount
Disposal Fee Agreement and the Recyclable Material Agreement.
Responding to Mrs. Williams, Mr. DePrima stated that the Universal Recycling Legislation
stipulates that the DSWA is mandated to accept recyclables at no charge at their facilities unless
private sector facilities are developed. In theory, he explained that if someone were to develop a
private recycling facility within a jurisdiction, the DSWA could charge a fee since an alternative
option would be available. He reminded members that the Legislation mandated that every
service provider offer a recycling program to its customers. He explained that those
municipalities that utilize a private sanitation service company are not mandated to provide the
recycling program; however, the company which the municipality uses for this service will be
required to provide recycling. Mr. DePrima confirmed that, as a result of the Legislation,
recycling has been mandated to all Delawareans.
In response to Mr. McGlumphy, Mr. DePrima indicated that there is not 100% participation in
recycling by City residents and that he did not know the percentage of participation at this time.
Mr. Salters relayed concerns with the weight of full recycling bins and the difficulty in moving
them for collection. Mr. DePrima suggested that anyone wishing to obtain a smaller bin contact
the City.
Mr. Leary moved to authorize the City Manager to sign the Delaware Solid Waste
Authority (DSWA) Municipal Discount Disposal Fee Agreement (Exhibit #1) and the
Recyclable Material Agreement (Exhibit #2). The motion was seconded by Mr. Salters and
carried by a roll call vote of five (5) yes, two (2) no (Mr. McGlumphy and Mrs. Williams),
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 22
and two (2) absent (Mr. Bonar and Mr. Ruane).
HUMAN RELATIONS COMMISSION APPOINTMENTS/REAPPOINTMENTS
Members considered the following appointments to the Human Relations Commission:
Appointment Recommended by Mayor Carey - Maisha Britt (To Fill the Expired Term of
Brian E. Lewis - Term to Expire February 2013)
Mayor Carey requested the appointment of Maisha Britt, to fill the expired term of Brian E.
Lewis, for a term to expire February 2013.
By consent agenda, Mr. Leary moved for approval of the appointments as recommended
by Mayor Carey, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr.
Bonar and Mr. Ruane absent).
Appointments Recommended by Council President Hogan - Three Year Terms to Expire
February 2013
Council President Hogan requested the following appointments for three (3) year terms to expire
February 2013:
Phyllis Edamatsu (Reappointment)
Paul Fleming (Reappointment)
Catherine M. Gregory (To Fill the Expired Term of Samuel Hoff)
Willie E. Jones (To Fill the Expired Term of Gregory Bunkley)
By consent agenda, Mr. Leary moved for approval of the appointments as recommended
by Council President Hogan, seconded by Mrs. Russell and carried by a unanimous roll
call vote (Mr. Bonar and Mr. Ruane absent).
Appointment Recommended by Council President Hogan - Anlee Baccio-Walker - Three
Year Term to Expire February 2011 (To Fill the Unexpired Term of Saundra Sutton)
Council President Hogan requested the appointment of Anlee Baccio-Walker to fill the
unexpired term of Saundra Sutton for a three (3) year term to expire February 2011.
By consent agenda, Mr. Leary moved for approval of the appointments as recommended
by Council President Hogan, seconded by Mrs. Russell and carried by a unanimous roll
call vote (Mr. Bonar and Mr. Ruane absent).
RESOLUTION #2010-06 - AUTHORIZING CONTROLLER/TREASURER AND
ASSISTANT TREASURERS TO DISBURSE FUNDS
By consent agenda, Mr. Leary moved for adoption of Resolution #2010-06 - Authorizing
the Controller/Treasurer and Assistant Treasurers to Disburse Funds. The motion was
seconded by Mrs. Russell and, by a unanimous roll call vote (Mr. Bonar and Mr. Ruane
absent), adopted the following Resolution:
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 23
WHEREAS, the City of Dover's investment policy includes the investment of funds up to
$100,000 per banking institution, investments in the State of Delaware Investment Pool and the
purchase and sale of U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies and other various
financial institutions require an Authorizing Resolution for the opening of accounts, and for
purchasing, selling, transferring, assigning and handling securities;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with
banking institutions and purchase, sell, transfer assignment and handle securities, and that they
are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any
one signature; and
That the following are the office holders authorized for these purposes, until further notice:
Donna S. Mitchell - Controller/Treasurer
Traci A. McDowell - Assistant Treasurer
Amber L. Clendaniel - Assistant Treasurer
ADOPTED: JULY 26, 2010
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following Proposed Ordinance was accomplished during the Council
Meeting of July 12, 2010.
Proposed Ordinance #2010-22 - Amending Chapter 18 - Animals, Section 18-16 - Keeping
of Bees
Mr. McGiffin moved that the Final Reading of the Proposed Ordinance be acknowledged
by title only, seconded by Mr. Leary and unanimously carried.
By a motion of, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr.
Bonar and Mr. Ruane absent), Council adopted Ordinance #2010-22, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 18 - Animals - Section 18-1 - Definitions, be amended to read as follows:
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 24
Animal includes every living dumb creature, and birds and fowl.
Animal abandonment includes completely forsaking or deserting an animal originally
under one's custody, without making reasonable arrangements for custody of that animal to be
assumed by another person.
Animal control officer means a person employed by the city as an enforcement officer,
including sworn police officers.
Animal shelter and veterinary facility mean any premises so designated by the city for
the purpose of impounding and caring for strays, animals found running at-large, or animals in
violation of this chapter.
Apiary means the assembly of one or more colonies of bees at a single location.
At-large means an animal off the premises of the owner and not under the control of a
human being either by leash, cord, chain or otherwise.
Beekeeper means a person who owns or has charge of one or more colonies of bees.
Beekeeping equipment means anything used in the operation of an apiary, such as
hive bodies, supers, frames, top and bottom boards and extractors.
Colony or hive means an aggregate of bees consisting principally of workers, but having,
when perfect, one queen and at times many drones, including brood, combs, honey and the
receptacle inhabited of bees.
Cruel includes every act or omission to act whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted.
Custody includes the responsibility for the welfare of an animal subject to one's care and
control, whether he owns it or not.
Domesticated animal means any animal that is accustomed to living in or about the
habitation of man, including, but not limited to, cats, dogs, cows, horses, swine and fowl.
Food and drink includes providing each animal with daily food and water of sufficient
quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the
animal.
Habitable structure means any building or structure used, or intended for use, on a
day-to-day basis by people for residential properties, or for purposes of conducting a commercial
or industrial business, or for purposes of a similar nature.
Honey bee means all life stages of the common domestic honey bee, Apis mellifera
species.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 25
Nucleus colony means a small colony created from larger colonies
Owner means any person, partnership, association, or corporation owning, keeping or
harboring a dog or other animal. Any animal shall be deemed to be harbored if it is fed or
sheltered for three or more consecutive days.
Public nuisance animal means any domestic animal or group of domestic animals which:
(1) At-large. Is repeatedly found at-large;
(2) Property damage. Damages the property of anyone other than its owner;
(3) Interference with persons, vehicles. Molests passersby or chases passing vehicles or
bicycles;
(4) Noise. Barks, whines or howls in an excessive, continuous or untimely fashion;
(5) Odor. Creates an odor which is noxious or offensive, and/or which constitutes a
substantial annoyance, convenience or injury to the public; or
(6) General welfare. Interferes with the health, comfort, safety or enjoyment of
property; offends the sense of decency of the public as a result of unsanitary conditions in
the area where such animals are kept; and/or creates a danger to the public health as
determined by the state division of public health.
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 26
Restraint means when a dog or other animal is controlled by a leash, cord, chain, or
under the control of an owner or other responsible person and obedient to that person's
commands, or within a vehicle being driven or parked on the street, or within the property limits
of its owner or keeper.
Shelter includes providing each animal with adequate shelter from the weather elements
as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
Stray means a domesticated animal for which ownership is not established or for which
the owner disclaims future responsibility.
Super means an additional story on top of a hive.
Undeveloped parcel means any land that is not improved or in the process of being
improved with habitable structures.
Vicious dog or animal means any dog or animal which constitutes a physical threat to a
human being or other animal by virtue of attacks of such number and/or severity as to be likely
to cause property damage or physical injury. Evidence of a prior instance of an animal biting a
human being, without provocation, shall be prima facie evidence that the dog or animal is
vicious. This term is further defined in section 18-9(a).
Wild animal means any live monkey (nonhuman primate), raccoon, skunk, fox,
poisonous snake, boa, python, leopard, panther, tiger, lion, lynx or any other warm-blooded
animal which can normally be found in the wild state.
BE IT FURTHER ORDAINED That Chapter 18 - Animals - Section 18-16 - Keeping Bees, be
amended to read as follows:
Sec. 18-16. Keeping bees.
(a) Notwithstanding compliance with the various requirements of this article, it shall
be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such
disposition as to cause any unhealthy condition, interfere with the normal use and
enjoyment of human or animal life of others or interfere with the normal use and
enjoyment of any public property or property of others.
(b) Location of beehives from structures and businesses. Beehives for the housing of
bee colonies shall not be located closer than 150 feet from residential structures,
hospitals, public eateries, churches, offices or schools.
(c) Maintenance permitted at educational and farm facilities; exemption.
Universities, colleges, museums and farms of two acres or more may maintain hives on
their properties in a safe manner, provided that the hives meet a 40-foot setback
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 27
requirement from buildings on adjacent properties. Universities, colleges, museum
facilities and farms of two acres or more are exempt from the 150-foot setback
requirement for buildings that are located on their properties.
(d) Declared nuisance; removal. Any beehive that is declared a nuisance by a
majority vote of the city council may be required to be removed or relocated.
(e) Hive Registration. All honey bee colonies shall be registered with the State of
Delaware Department of Agriculture.
(f) Hive Type. All honey bee colonies shall be kept in removable frames, which shall
be kept in sound and usable condition.
(g) Fencing of flyways. In each instance in which any colony is situated within 25
feet of a public or private property line of the parcel upon which the apiary is situated, as
measured from the nearest point on the hive to the property line, the beekeeper shall
establish and maintain a flyway barrier at least six (6) feet in height consisting of an
opaque wall, fence, dense vegetation or combination thereof that is parallel to the
property line and extends 10 feet beyond the colony in each direction so that all bees are
forced to fly at an elevation of at least 6 feet above ground level over the property lines in
the vicinity of the apiary. It is a defense against prosecution under this section that the
property adjoining the apiary tract in the vicinity of the apiary is undeveloped property
for a distance of at least 25 feet from the property line of the apiary tract, unless
prohibited by the zoning ordinance.
(h) Water. Each beekeeper shall ensure that a convenient source of water is available
to the bees at all times during the year so that the bees will not congregate at swimming
pools, bibcocks, pet watering bowls, bird baths or other water sources where they may
cause human, bird or domestic pet contact.
(i) General Maintenance. Each beekeeper shall ensure that no bee comb or other
materials that might encourage robbing are left upon the grounds of the apiary site. Upon
their removal from the hive, all such materials shall promptly be disposed of in a sealed
container or placed within a building or other bee-proof enclosure.
(j) Queens. In any instances in which a colony exhibits unusual aggressive
characteristics by stinging or attempting to sting without due provocation or exhibits an
unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly re-
queen the colony with another queen. Queens shall be selected from stock bred for
gentleness and non-swarming characteristics.
(k) Colony Densities. For every two (2) colonies authorized under this section, there
may be maintained upon the same tract one nucleus colony in a hive structure with no
supers attached, as required from time to time for management of swarms. Each such
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 28
nucleus colony shall be disposed of or combined with an authorized colony within 30
days after the date acquired. It shall be unlawful to keep more than the following number
of colonies on any parcel within the city, based upon size or configuration of the parcel
on which the apiary is situated:
(1) One-quarter acre or less - two (2) colonies
(2) More than one-quarter acre but less than one-half acre - 4 colonies
(3) More than one-half acre but less than one acre - 6 colonies
(4) One acre or larger - 8 colonies
(5) Regardless of parcel size, where all hives are situated at least 200 feet in
any direction from all property lines of the tract on which the apiary is situated,
there shall be a limit of ten (10) colonies.
(6) Regardless of parcel size, so long as all property other than the tract upon
which the hives are situated, that is within a radius of at least 200 feet from any
hive, remains undeveloped parcels there shall be a limit of ten (10) colonies.
(l) Inspection. The Department of Inspections shall have the right to inspect any
apiary.
(m) Violations; penalties. Any person convicted of violating the provisions of this
section shall be punished as provided for in Appendix F - Fees and Fines.
BE IT FURTHER ORDAINED That Appendix F - Fees and Fines, Chapter 18 - Animals -
Section 18-16 - Keeping Bees, be amended to read as follows:
Sec. 18-16 Keeping bees
Subsec. (m) Violations; penalties, for each violation Not less than $25.00
or more than $100.00
ADOPTED: JULY 26, 2010
COUNCIL MEMBERS ANNOUNCEMENTS
At the request of Mr. Salters, Mr. Anthony DePrima, City Manager, advised members of an
article, "Polluted Water Found Statewide", that was published in the Wilmington News Journal
on July 26, 2010. He stated that the article referred to pollutants leaking from the Dover Gas
Light superfund site into the ground water, along with pollution from the old Capital Cleaners
site. Mr. DePrima noted that the article mentioned other industrial sites throughout Delaware
where groundwater is being polluted.
Mr. DePrima explained that the article indicated that the pollutants affect those within one (1)
mile of the site and noted that several of the City=s 14 drinking water wells are located within this
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 29
one (1) mile radius. He stated that, unless the article was read very closely, individuals may be
led to believe that the City=s public drinking water was being threatened by these pollutants. He
assured members that the ground water pollution from the Dover Gas Light superfund site could
not intermingle with the City=s water supply. Mr. DePrima advised members that the pollutants
are 30 feet below ground and the City=s water wells are 300-500 feet below ground, and more
importantly, he stated that these wells are contained in an aquifer topped by a thick layer of clay
which protects the water. Mr. DePrima stated that he has confirmed this information with the
project manager at the Department of Natural Resources and Environmental Control (DNREC)
and assured members that there are no threats to the City=s water.
Mr. DePrima announced that residents will be receiving notices regarding the City=s recycling
program. Beginning August 2nd, there will be a new recycling schedule, due to the City=s new
contractor. He stated that, although recyclables will be collected the same day that residents=
regular trash is collected, this will only occur every other week. The notices will also be
provided to local newspapers.
Mrs. Russell advised members of complaints received from residents of West Street regarding
flooding that occurred on their street during a recent rainstorm. She suggested that the manholes
or catch basins may need to be cleared.
In response to Mrs. Russell, Mr. DePrima stated that the City should be able to provide recycling
services to all residents, including those residents whose trash is collected through the alleyways.
Mrs. Russell moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:04 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
July 26, 2010, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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magDF6D.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - DSWA Municipal Discount Disposal Fee Agreement
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CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 30
Exhibit #2 - DSWA Recyclable Material Agreement
Page 31
EXHIBIT #1
Regular Council Meeting of 07/26/2010
MUNICIPAL DISCOUNT DISPOSAL FEE AGREEMENT
THIS AGREEMENT, entered into by and between the Delaware Solid Waste Authority
(”Authority”) and City of Dover, Delaware (“Customer”), made this ________ of _______,
20_____.
WHEREAS, the Authority owns and operates facilities throughout the State of Delaware; and
WHEREAS, the Authority receives solid waste and dry waste at its facilities from various
customers who collect and/or transport solid waste and dry waste generated in the State of Delaware;
and
WHEREAS, for municipalities with accounts with the Authority which collect and transport
the solid waste and dry waste generated within their municipal boundaries with their own equipment
and labor force the Authority is willing to provide an option to such municipality which allows the
municipality to choose to receive a rebate or a discount regarding payment of the adopted uniform base
rate; and
WHEREAS, the Customer wishes to utilize the services of the Authority for the receipt and
disposal of all Customer’s solid waste and dry waste collected in the State of Delaware; and
WHEREAS, the Authority wishes to provide disposal services to Customer under this
Agreement as an integral part of fulfilling its statutory responsibilities and satisfying its financial
obligations.
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, and
other good and valuable consideration, the parties, intending to be legally bound, hereby agree as
follows:
1. Customer shall, subject to the exceptions set forth in Paragraph 6 hereafter, deliver to Authority
designated facilities all solid waste and dry waste generated in the State of Delaware which is
collected and/or transported by Customer during the term of this Agreement.
2. Customer shall pay to the Authority:
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Delaware Solid Waste Authority Discount Disposal Fee Agreement
(a) Seventy Two Dollars ($72.00) for each ton of solid waste and dry waste delivered to the
Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island
in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the
Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Seventy
Six Dollars ($76.00) for each ton of solid waste and dry waste delivered to the
Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility,
and the Route 5 facility, during the period commencing July 1, 2010 and ending June
30, 2011;
(b) Seventy Four Dollars ($74.00) for each ton of solid waste and dry waste delivered to the
Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island
in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the
Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Seventy
Eight Dollars ($78.00) for each ton of solid waste and dry waste delivered to the
Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility,
and the Route 5 facility, during the period commencing July 1, 2011 and ending June
30, 2012; and
(c) Seventy Six Dollars ($76.00) for each ton of solid waste and dry waste delivered to the
Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island
in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the
Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Eighty
Dollars ($80.00) for each ton of solid waste and dry waste delivered to the Authority
transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the
3. In the event the Authority establishes a general base rate for disposal of solid waste and dry
waste below the base rates specified in Paragraph 2 above for the time periods indicated,
Customer shall be entitled to such lower base rates while such lower base rates are in effect.
Dry waste shall be as defined in the Regulations of the Delaware Solid Waste Authority and
2
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Delaware Solid Waste Authority Discount Disposal Fee Agreement
shall be delivered in separated loads free of any commingled municipal solid waste. The
delivery of yard waste to Authority facilities shall be subject to any limitations or prohibitions
imposed by law, regulations and permit conditions, and any special restrictions or requirements
imposed by the Authority.
4. The term of this Agreement shall be from July 1, 2010 or the execution date of this Agreement
thereafter to June 30, 2013.
5. The rates in paragraphs 2, above shall be conditioned on full payment by Customer of all
amounts due, when due, by Customer under the Authority’s payment policy for services
provided by the Authority, provided, however, that delinquent payment shall not relieve
Customer of the obligation to deliver all solid waste and dry waste to designated Authority
facilities in accordance with the requirements set forth in paragraph 1 above.
6. For purposes of this Agreement the solid waste and dry waste required to be delivered to
designated Authority facilities under Paragraphs 1 above shall not include:
(a) source separated recyclable materials, including any materials collected under curbside
recycling programs, provided however, the waste residue resulting from the recycling,
resource recovery or beneficial use of Delaware solid waste and dry waste which is
generated from operations conducted in Delaware shall not be subject to this
exemption;
(b) special solid waste as defined by the Authority;
(c) industrial solid waste as defined by the Authority;
(d) agricultural waste generated on a farm;
(e) tires;
(f) non-hazardous waste resulting from emergency clean-up actions;
(g) waste materials collected from industrial facilities which have adopted and
implemented a company wide policy requiring all waste materials generated at the
industrial facility to be disposed at waste to energy plants;
3
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Delaware Solid Waste Authority Discount Disposal Fee Agreement
(h) dry waste generated and collected in New Castle County, Delaware.
Customer may, however, deliver to Authority facilities the solid waste and dry waste generated
in the State of Delaware and identified in subparagraphs (a) through (i) above, subject to payment of
the applicable disposal fee, and subject to compliance with laws, regulations and permit conditions,
and the Authority’s rules, regulations and procedures pertaining to such dry waste and solid waste.
7. It shall be a condition of default and cause for termination if Customer:
(a) fails to maintain a current payment account in accordance with Authority’s rules,
regulations, procedures, and payment policies;
(b) fails to deliver the solid waste or dry waste required to be delivered to the Authority’s
facilities under this Agreement, provided, however, that unintentional and non-material
failures by Customer to make the required delivery of solid waste or dry waste will not
be grounds for termination if the Customer provides written notice of the failure within
seventy-two (72) hours of the event, and cures such failure by making arrangements for
delivery to Authority facilities of sufficient amounts of acceptable alternative or
replacement solid waste or dry waste generated in the State of Delaware, and not
subject to the requirements of Paragraph 1 above, to account for the short fall in
tonnage and user fee loss experienced by the Authority as a result of the failure; or
(c) fails on a repeated basis to comply with laws and regulations applicable to solid waste
collection and transportation, or the Authority’s rules, regulations and policies.
8. It shall be a condition of default and cause for termination if the Authority engages in the
curbside collection of municipal solid waste, provided that the default is not cured by Authority
within (30) days of written notification by Customer to Authority of the default.
9. Customer and Authority shall be relieved of responsibility for performance under this
Agreement to the extent and for such time or times in which Customer or Authority are
prevented or substantially impaired from performing obligations under this Agreement by
reason of changes in law or official governmental action by rule, order, regulation or otherwise.
4
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Delaware Solid Waste Authority Discount Disposal Fee Agreement
10. This Agreement shall inure to the benefit of and be binding on Customer, its successors,
assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, contractors and sub-
contractors, and all other entities, existing or newly formed, controlled directly or indirectly by
Customer or its successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers,
divisions, and all other entities, existing or newly formed, controlled directly or indirectly by
them, through changes in ownership or status, by transfer of assets or otherwise, and which
engage in the collection and/or transportation of solid waste and/or dry waste generated in the
State of Delaware.
11. This Agreement shall be interpreted in accordance with the laws of the State of Delaware. Any
lawsuit initiated with respect to this Agreement shall be filed in the State courts of the State of
Delaware.
12. This Agreement represents the entire understanding of the parties. This Agreement shall not be
amended without the written consent of both parties. If Customer has entered a separate
Differential Disposal Fee Agreement with the Authority which is in effect at the time of
execution of this Agreement, such prior Agreement shall remain in effect until its expiration
date.
IN WITNESS WHEREOF, the Authority and Customer have entered this Agreement.
DELAWARE SOLID WASTE AUTHORITY MUNICIPAL CUSTOMER
By:_______________________________ By:_______________________________
(Signature) (Signature)
By:_______________________________ By:_______________________________
(Please Print Name) (Please Print Name)
Witness:___________________________ Witness:___________________________
DDF Agree-Option for Rebate or Discount.revised.6.10.10doc
5
Page 36
EXHIBIT #2
Regular Council Meeting of 07/26/2010
AGREEMENT FOR THE MANAGEMENT
OF RECYCLABLE MATERIALS
COLLECTED THROUGH MUNICIPAL PROGRAMS
NOW COMES, the Delaware Solid Waste Authority, (“Authority”), a body politic and corporate
constituting a public instrumentality of the State of Delaware, and City of Dover, Delaware
(“Municipality”), a public body of the State of Delaware.
WHEREAS, the Authority is authorized to enter into agreements with municipalities, Counties
and State agencies to provide solid waste management services; and
WHEREAS, the Authority has established a program for accepting, handling and marketing
single stream source separated recyclable materials throughout the State of Delaware; and
WHEREAS, Municipality has established a program for curbside collection and transportation of
single stream source separated recyclable materials; and
WHEREAS, the markets for recyclable materials is at times volatile and some or all of such
materials can have negative value and involve a cost to have the materials property recycled; and
WHEREAS, there are occasions when the cost of handling, transporting, managing and
marketing recyclable materials exceeds the value of such materials; and
WHEREAS, the Authority has designated facilities which are capable of accepting recyclable
materials throughout the State; and
WHEREAS, the Authority as a means of supporting local recycling programs is willing to bear
the market risk of accepting recyclables at Authority designated facilities at no cost to those
municipalities, Counties and State agencies that conduct curbside or facility single stream source
separated recycling programs.
NOW THEREFORE, based on the promises set forth herein and other good and valuable
consideration, Authority and Municipality agree as follows:
1. The Authority shall accept from Municipality at no cost to Municipality all single
stream source separated recyclables that are delivered by Municipality to designated
Authority facilities. The recyclables delivered by Municipality shall be collected
through Municipality’s duly established and operated curbside or facility recycling
program.
2. The single stream source separated recyclables accepted by Authority shall be limited
to paper materials (such as newspapers, magazines, catalogs, telephone books, soft
cover books, junk mail, paper board and cardboard), narrow-neck plastic bottles,
(such as milk jugs, bleach-detergent containers, shampoo bottles), plastic bags, glass
bottles and jars, and metal containers (tin, steel and aluminum), and such other
materials which are approved in writing by the Authority.
Page 37
3. The Authority will not accept under this Agreement as recyclables any hazardous
materials, household hazardous wastes, oil, petroleum or grease wastes, chemical
wastes, dry waste, construction and demolition wastes, food wastes, yard wastes, oil
filters, batteries, tires, appliances, electronic goods, toxic wastes or other materials
which are not compatible with the processing and marketing of single stream source
separated recyclable materials.
4. The Authority reserves the right to reject deliveries of materials from municipalities
which contain unacceptable materials. A delivery will be subject to rejection if it
contains more than five (5) percent by volume of unacceptable materials as
determined through inspection by the Authority. Any materials which are rejected by
the Authority shall be properly disposed by the Municipality at the sole expense of
the Municipality.
5. The Authority shall assure that all acceptable recyclables delivered by Municipality
are directed to facilities which are properly permitted to process recyclables. The
Authority shall be exclusively entitled to sell the recyclables received and receive all
income derived from the sale of the recyclables.
6. Municipality shall be entitled to contract with any hauler that provides collection
and/or transportation services for the recyclables collected under Municipality’s
program. Municipality shall inform any such contractor of the requirements of this
Agreement.
7. Municipality shall comply with the Authority regulations and guidelines and all laws,
regulations and ordinances during the term of this Agreement.
8. Municipality shall deliver or cause to be delivered to the designated Authority
facilities all the acceptable recyclable materials collected under Municipality’s
program during the term of this Agreement. This Agreement shall expire on June 30,
2016.
IN WITNESS WHEREOF, the parties hereto, intending to be bound, have executed this
Agreement on this ________________ day of ____________, 2010.
WITNESS: DELAWARE SOLID WASTE AUTHORITY
______________________________ _____________________________________
WITNESS: (MUNICIPALITY)
______________________________ ______________________________________
F:\FMP\!DSWA\2010\Agreement of Recyclable Materials Municipal Programs.doc