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Page 1
REGULAR COUNCIL MEETING
AGENDA
September 27, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN WILLIAMS
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
Those items on the Council Agenda which are considered routine and non-controversial shall be
marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There
will be no separate discussion of these items unless a member of Council so requests, in which event
the matter shall be removed from the Consent Agenda and considered a separate item.
* 1. Adoption of Minutes - Regular Council Meeting of September 13, 2010
2. Presentations
A. Recognition of Service
a-1. Gerald Foss - Election Board (September 1991 - July 1994 and May 2000 -
September 2010)
a-2. Paul Fleming - Dover Human Relations Commission (March 2004 - August 2010)
a-3. Mark Monroe - Dover Human Relations Commission (October 2008 - August 2010)
B. Certificate of Achievement for Excellence in Financial Reporting - Comprehensive
Annual Financial Report for the Fiscal Year Ended June 30, 2009
C. Cry Out America - Dover Police Department
3. Presentation by Dover/Kent County MPO (Metropolitan Planning Organization) - Scope
and Purpose of the Neighborhood Plan for the South Side of Downtown
4. Proclamation - Fire Prevention Week
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Council Agenda - September 27, 2010 Page 2
* 5. Parks, Recreation, and Community Enhancement Committee Report - September 13, 2010
A. Proposed Ordinance #2010-25 - Amendment to Appendix B - Zoning, Article 5 -
Supplementary Regulations, Section 11 - Environmental Protections and Section 16 -
Tree Planting and Preservation; and Article 12 - Definitions (See Item #10)
(Committee Recommended Approval of Staff's Recommendation that Proposed Ordinance
#2010-25, with the Recommended Adjustments Suggested by the Committee, Be
Forwarded to City Council for a First Reading on September 27, 2010, Referred to the
Planning Commission for Consideration on October 18, 2010, and that the Final Reading
and Public Hearing Be Set Before City Council on November 8, 2010)
B. Presentation - St. Jones River Stabilization
(Committee Recommended Approval of the St. Jones River Stabilization Presentation)
C. Fund Expenditure Guidelines - Youth Advisory Committee
(Committee Recommended Acceptance of Finance Procedure #F358: “Youth Advisory
Committee Spending,” as Recommended by Staff)
D. Benchmarks Established for the Economic Development Office
(Committee Recommended Acceptance of the Report Provided on the Benchmarks
Established for the Economic Development Office)
E. Updates
e-1. Puncheon Run Watershed Action Team Update
(Committee Action Not Required)
e-2. Planning and Funding for New Library
(Committee Recommended Acceptance of the Updates)
* 6. Legislative, Finance, and Administration Committee Report - September 13, 2010
A. Review and Recommendation - Filling Critical Positions
a-1. Librarian II
(Committee Recommended Approval to Recruit for the Position of Library II: Head
of Adult Services, as Requested by Staff)
a-2. Motor Equipment Operator I (MEO I) (Streets)
(Committee Recommended Approval to Immediately Recruit for the Position of
Motor Equipment Operator I (MEO I) in the Streets Division)
B. Presentation - Energy Savings Procurement Contracting - Ralph Nigro of Sustainable
Energy Utility (SEU)
(Committee Action Not Required)
C. Disposition of City Owned Land - 45 S. State Street and Associated Parking Lot
Property
(Committee Recommended that Council Designate the Property as Excess Real Estate
and Authorize the City Manager to Publicize the Pertinent Information Concerning the
Surplus Parcel and its Availability for Purchase at Least Once a Week for Two (2) Weeks
in a Local Newspaper, and Hold a Public Hearing Before Council to Allow Public
Comment on the Proposed Sale)
D. FY 2011 Budget Amendment - Project Budgets (See Item #11)
(Committee Recommended Adoption of Proposed Ordinance #2010-26, Proposed Budget
Amendment - Fiscal Year 2011, with the Recommendation to Transfer $1M to the
Depreciation Reserve from the Electric Improvement & Extension (I & E) Fund, to Be
Forwarded to City Council for a First Reading on September 27, 2010, as Recommended
by Staff)
E. Discussion - Public Notice for Planning Applications
(Committee Action Not Required)
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Council Agenda - September 27, 2010 Page 3
* 7. Monthly CIP Report - June 2010
8. Evaluation of Bids
A. Substation Potential Transformers (PT) and Current Transformers (CT) Replacement
B. Master Electrician Contract
C. Electric System Modeling Software
D. Replacement of 69 kV Breaker
* 9. Appointment - Prevention Policy Board for GAMES Grant (Aid in Dover)
10. First Reading - Proposed Ordinance #2010-25
The First Reading is offered on the following proposed ordinance. Since it is an amendment
to the Zoning Code, it is recommended for referral to the Planning Commission on
October 18, 2010, and that a Public Hearing be set for November 8, 2010 at 7:30 p.m. and
that the Second Reading and Final Action by Council take place at that time. Copies of all
proposed ordinances are available at the entrance of the Council Chambers or can be
obtained from the City Clerk's Office.
A. Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations,
Section 11 - Environmental Protections and Section 16 - Tree Planting and
Preservation; and Article 12 - Definitions
(Parks, Recreation, and Community Enhancement Committee)
11. First Reading - Proposed Ordinance #2010-26
The First Reading is offered on the following proposed ordinance. Final action by Council
will take place during the Second Reading of the ordinance on October 11, 2010. Copies of
all proposed ordinances are available at the entrance of the Council Chambers or can be
obtained from the City Clerk's Office.
A. FY 2011 Budget Amendment - Project Budgets
(Legislative, Finance, and Administration Committee)
12. Council Members Announcements
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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE
TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 13, 2010 at 7:30 p.m. with Council President
Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Mr. McGlumphy,
Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell,
Mrs. Townshend, 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 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.
Mrs. O’Brien, 632 N. West Street, referred to an adjacent property, 628 N. West Street, owned by
the Valentines and thanked members for the positive action taken to improve the condition of the
pool on the property. However, she advised members that there is another serious health concern
related to poison ivy growing on the house, through the fence, and onto her property. She provided
pictures depicting the growth (Exhibit #1) and advised members of health problems she has had due
to the poison ivy. Mrs. O’Brien stated that the poison ivy had been eradicated and noted she was
presenting this issue before Council to make it a part of the record and to prevent a recurrence.
Ms. Andrea Pierce, 39 Par Haven Drive, reminded members that, during the Open Forum Segment
of the Regular Council Meeting held on August 23, 2010, she questioned the City’s tax
reassessment, the reassessment process, and the accuracy of assessed values. As a result, she
received a response from the City; however, it was her feeling that the response contained
inaccuracies. Ms. Pierce provided members with assessment data related to her concerns
(Exhibit #2).
Ms. Katrina Smith, 302 Eagles Nest Drive in Camden, advised members of concerns regarding a
recent incident near a playground located at the southeast corner of Division and Kirkwood Streets.
She stated that there is not a traffic signal at that location to allow children to cross the street safely.
She stated that she witnessed a near accident involving a child being struck by a vehicle while
attempting to cross Division Street. She requested that the City consider the installation of a traffic
signal at this intersection to allow children to cross the streets safely.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Bonar and
unanimously carried.
Mr. Salters moved for approval of the consent agenda, seconded by Mrs. Williams and carried
by a unanimous roll call vote.
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 2
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 23, 2010
By consent agenda, the Minutes of the Regular Council Meeting of August 23, 2010 were
unanimously approved by motion of Mr. Salters, seconded by Mrs. Williams and bore the
written approval of Mayor Carey.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
AUGUST 23, 2010
The Legislative, Finance, and Administration Committee met on August 23, 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.
Motor Equipment Operator I (MEO I) - Sanitation
Mr. Scott Koenig, Public Service Manager/Director of Public Works, reviewed a request to recruit
for a Motor Equipment Operator I (MEO I) position in the Sanitation Division created by the recent
termination of an employee.
Responding to Mr. Shevock, Mr. Koenig indicated that this is an IUE/CWA union position;
however, he stated that the union is only recognized internally. He assured members that a
non-union applicant could apply for the position. In addition, Mr. Koenig stated that current City
employees who belong to another union would be eligible to apply.
In response to Dr. Jones, Mr. Koenig noted that, although the salary information provided does not
reflect any overtime, $18,000 has been budgeted for overtime for the Sanitation Division.
The Committee recommended approval to recruit for the position of Motor Equipment Operator I
(MEO I) for the Sanitation Division.
By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote.
Discussion - Criminal Investigation Fund - Police Department
Police Chief James Hosfelt advised members that the Police Department has been managing a
Criminal Investigation Fund, which is an equitable sharing fund or federal forfeiture that the City
has participated in since 1997. He stated that participation is through a partnership with the Federal
Drug Enforcement Administration involving seized assets.
Chief Hosfelt explained that when a drug dealer is arrested, assets such as cars, cash, etc., are
liquidated and the Federal Drug Enforcement Administration determines the percentage of money
that will be disbursed to local law enforcement. He stated that the guidelines indicate that 80% of
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 3
the money must be given back to local law enforcement and 20% is kept by the Federal Government;
however, these funds are disbursed based on the local law enforcement’s participation in an
investigation. Chief Hosfelt indicated that the disbursed money must be used for law enforcement
purposes, such as the purchase of vehicles, weapons, forensic testing, etc., and that money is not
spent without approval from the Chief of Police.
Chief Hosfelt stated that the Criminal Investigation Fund has not been governed in accordance
with the City’s policy, which states that all funds should be managed by the Finance Department.
He assured members that the Police Department is working with the Finance Department to transfer
all records and documentation to bring the Fund under the control of the Finance Department.
Chief Hosfelt indicated that the expenditure of monies from the Criminal Investigation Fund has
been within the City’s policy.
At the request of Chairman Leary, Chief Hosfelt stated that, once all records and documents have
been transferred to the Finance Department and an audit has been performed, an update will be
provided to Committee members.
The Committee recommended acceptance of the Criminal Investigation Fund Report, as delivered
by the Police Chief, and that staff be directed to provide an update when the administrative
adjustments have been completed.
By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote.
By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous
roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT -
AUGUST 25, 2010
The Safety Advisory and Transportation Committee met on August 25, 2010 with
Chairwoman Williams presiding.
Presentation - Clarence Street Extended Project Update (Century Engineering)
Mr. Scott Koenig, Public Services Manager/Director of Public Works, reminded members that staff
requested that Century Engineering provide an update on the Lincoln Park Center and Clarence
Street Extended Project. He noted that these projects were part of the West Side Strategic
Development Plan which was formulated many years ago and that the Clarence Street Extended
Project has been ongoing for over 10 years.
Mr. Anthony DePrima, City Manager, advised members that, several years ago, the Delaware
Department of Transportation (DelDOT) agreed to pay for a study of the West Side of Dover.
At that time, the Downtown Dover Development Corporation (DDDC) determined that the lack of
a plan for the West Side of Dover would impede further development of the entire downtown area.
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 4
As a result, a plan was developed and, over the past 10 years, several of the items included in the
plan have come to fruition, including the acquisition of the Capital Scrap Yard property, which was
cleaned up and sold for development, and the construction of buildings by Mr. Bob Duncan.
Mr. DePrima stated that the plan also included the extension of Clarence Street in order to provide
an additional north/south connector, which would assist in the future development of the older,
industrial property in the area. He advised members that this idea was used to apply for a Federal
Transportation Community Assistance Preservation Grant, which was received. He noted that
Senator Carper later earmarked additional monies for the design of the Clarence Street Extension.
Mr. Allen Martini and Ms. Christine Conway of Century Engineering reviewed large maps depicting
the area surrounding Clarence Street. In reviewing the Clarence Street Extension Project,
Mr. Martini stated that Century Engineering developed a concept plan for the project, including
sidewalk sections and infrastructure internal to the center of the industrial park. One of the issues
that was discovered was the need for a parking garage to accommodate commercial businesses in
the area. The estimated cost was $20M - $24M; therefore, only the portion of the project related to
the extension of Clarence Street was considered, particularly since there were federal monies
involved and this portion of the project was specifically related to transportation.
Mr. Martini reminded members that, since federal monies are involved, federal processes must be
followed, in accordance with the National Environmental Policy Act (NEPA), which proscribes
procedures related to wetlands, hazardous materials, historic issues, archeology, etc. Century
Engineering has completed a base survey, including resolution of property lines, wetland delineation,
utility coordination, etc. He noted that two (2) different alignments have been identified by Century
Engineering for the extension of Clarence Street. Mr. Martini advised members that environmental
assessments and relocation plans, including costs, impacts, etc., would be required for the
alignments.
Mr. Martini noted that, in addition to providing relief for some of the north/south traffic at
surrounding intersections, there are many other benefits to this project. He stated that Century
Engineering will continue to work on the federal processes, which will be completed in the spring
of next year, and a public workshop is planned for later this year or early next year. Mr. Martini
noted that archeology work will be conducted on the site within the next month.
Responding to Mrs. Williams, Mr. Martini stated that 750 feet of roadway is involved and that a
major cost item would be the installation of sidewalks, which are estimated at over $1M, including
lighting, utility relocations, etc. To date, less than $400,000 has been spent on the project.
Mr. Koenig explained that a total of $1.4M is available for this project.
In response to Mr. Davis, Mr. Koenig stated that, as this project moves forward and the alignment
is determined, it will be presented to developers; however, staff was given very strict instructions
not to violate the federal process by discussing property values with landowners. He noted that staff
will conduct very technical engineering work to determine the best alignment for the roadway.
Mr. Koenig estimated a project completion date in the range of five (5) to seven (7) years.
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 5
Mrs. Russell advised members that she has heard concerns from surrounding property owners and
suggested community outreach to provide details regarding the project.
Mrs. Williams noted that no action was required and thanked Century Engineering for providing the
update to members.
Letters in Support of Reallocation of the D Block to Develop a Nationwide Interoperable
Network for Public Safety (Request of Mayor Carey)
Mayor Carey advised members that the National League of Cities has requested that letters of
support be sent from the City to U. S. Senators and Representatives relaying support of the
reallocation of the D Block and HR 5081, Broadband for First Responders Act of 2010, which
supports funding for interoperable highband radio systems. He explained that the desire is to provide
a 700 MHz system that would “free up” some of the channels on the current 800 MHz system.
Members were advised that, for many years, State and local first responders have sought to build a
national interoperable communications network that allows real-time information sharing through
high speed video and data. This would require an appropriate, dedicated band of spectrum that could
accommodate the everyday needs of firefighters, police officers and emergency medical personnel,
as well as provide excess capacity during emergencies. The 700 MHz D Block would provide this
opportunity.
Responding to Mr. Davis, Police Chief Hosfelt explained that the federal government is planning
to auction off the 700 MHz band to Verizon, Sprint, or another private company; therefore, the draft
letter to congressmen includes a request to oppose the auction of the D Block. He stated that it is
a public safety goal for the federal government to dedicate the band for public safety use.
The Committee recommended approval of the letters in support of the reallocation of the D Block
to develop a Nationwide Interoperable Network for Public Safety.
By consent agenda, Mr. Salters moved for approval of the letters in support of the D Block to
develop a Nationwide Interoperable Network for Public Safety (Exhibits #3 and #4), as
recommended by the Committee, seconded by Mrs. Williams and carried by a unanimous roll
call vote.
Discussion - State Capital Transportation Program
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that, in the coming months, the Delaware Department of Transportation (DelDOT), the Dover Kent
County Metropolitan Planning Organization (MPO), the Wilmington Area Planning Council
(WILMAPCO), and Sussex County will be holding public hearings on the State’s Capital
Transportation Program for the next fiscal year. She explained that these hearings will begin the
process of preparing a capital program that will ultimately be approved as part of the Bond Bill in
June 2011. Mrs. Townshend reminded members that each year, City Council ranks transportation
projects in the City of Dover in order to share the City’s priorities with DelDOT. (The last ranking
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 6
of priorities took place at the Safety Advisory and Transportation Meeting of September 30, 2009, and was
approved by City Council on October 12, 2009.) Members were provided a copy of the previous year’s
priority listing.
Mrs. Townshend advised members that, shortly after the start of the new fiscal year, staff received
a listing of the Capital Transportation Program for FY 2011 through FY 2016 for Kent County.
She noted that, in reviewing this listing, it was discovered that the transportation improvements at
the intersection of Roosevelt Avenue and U.S. Route 13 in Dover (total cost of $1,850,000) had been
removed from the funding program. Mrs. Townshend explained that, although the project was not
included in Council’s priorities, it had been listed in the Capital Transportation Program (CTP).
She stated that this was the second consecutive year that the City has discovered the removal of a
Dover project from the CTP. In addition, Mrs. Townshend noted that the Clarence Street Extension
Project was also removed from the Program. She stated that DelDOT has conveyed that this was
removed in error and will be corrected; however, an amendment has not been verified.
To ensure that Council members are aware of projects currently funded in the CTP and in order for
the City to advocate preserving the funding of these projects in future years, Mrs. Townshend
provided members with a summary of projects funded in the FY 2011 through FY 2016 CTP.
She advised members that the summary did not include the phase of the project for each year (such
as preliminary design, engineering, right of way acquisition, construction), nor did it indicate the
funding source (such as State or federal funding).
Responding to Mrs. Williams, Mr. Koenig suggested that the City’s objective would be to include
these projects in the CTP with zero dollars allocated. He noted that, once projects are excluded from
the Program, it is very difficult to reincorporate them. Mr. Koenig explained that a compromise was
reached with DelDOT during CTP discussions held last year whereby the City could retain projects
in the Program with minimal or no funding.
Mr. Bonar suggested that the Committee urge the Mayor and Council to send a letter to
Mr. Ralph Reeb, Director of Planning, DelDOT, requesting his support of the City’s position.
He also suggested that the Mayor, Mrs. Townshend, and Mr. George Wright, Executive Director of
the Delaware League of Local Governments, monitor the status of transportation projects proposed
to be included in the Bond Bill and also meet with Representative William Carson (Chair of the
House Transportation Committee), Senator Harris McDowell, and Senator Nancy Cook well in
advance so that they are aware of the City’s concerns.
The Committee recommended that the Mayor and Mrs. Townshend finalize the list of City Capital
Transportation Program priorities that will be ranked by members during their September meeting,
provide this list to Mr. Ralph Reeb and other appropriate DelDOT officials and, following the
November State elections, meet with legislators to obtain their support for these projects.
Mr. Salters moved for approval of the Committee’s recommendation, seconded by
Mrs. Williams and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 7
By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and
Transportation Committee Report, seconded by Mrs. Williams and carried by a unanimous
roll call vote.
MONTHLY REPORTS - JULY 2010
By motion of Mr. Salters, seconded by Mrs. Williams and carried by a unanimous roll call
vote, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor’s Report
City Manager's Report
City Planner’s Report
Dover Fire Department Report
AUTHORIZATION TO LEASE - ISERIES (AS400) SERVER REPLACEMENT
Mr. Anthony DePrima, City Manager, advised members that the City currently processes all utility
billing, parcel management, tax billing, licenses and permits, etc., on the existing IBM iSeries
Model 525 server which is under a 36-month lease. He noted that the lease was scheduled to expire
on September 11, 2010, at which time it would convert to a month-to-month lease with payments
of $1,778. Mr. DePrima explained that this system is nearing the end of its useful life, and that
the City has an opportunity to lease newer, larger, and faster technology which should provide
reliable service for five (5) or more years for less than the current cost. He stated that the new
system includes five (5) years of hardware and software support, even though the lease ends after
three (3) years. At the end of three (3) years, the City would have a $1 buyout option. He noted that
this would provide two (2) full years of service and support with no additional fees.
Members were advised that SPS VAR is the only company that provides this service and is,
therefore, the sole vendor. The total price, in the amount of $51,018.76, represents 36 monthly lease
payments of $1,417.16, which includes $431.78 for the server, $301.09 for five (5) years of
hardware/software support, $447.04 for software licenses (unlimited), $65.84 for backup tapes, and
$171.41 for installation and migration services. It also includes the $1 buyout at the end of the lease.
Staff recommended awarding a purchase order to SPS VAR /IBM Credit LLC for $1,417.16 per
month to cover the first 12 months (totaling $17,005.92) of the 36-month lease.
Mr. McGiffin moved for approval of staff’s recommendation, seconded by Mr. Salters and
carried by a unanimous roll call vote.
EVALUATION OF BIDS - REPAIRS TO UNITS 1, 2, AND 3 COOLING TOWERS
Members were reminded that two (2) multi-year CIP projects associated with the cooling towers
at the McKee Run Station were developed in 2009 to support the continued operation of the plant.
The scope of work was prioritized, with the most critical work being scheduled for Fiscal Year 2011.
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 8
Mr. Anthony DePrima, City Manager, advised members that a request for proposals was drafted to
include a total price for procurement of all replacement materials, removal and disposal of all cooling
tower structural members to be replaced, and replacement of structural members and mechanical
equipment. The proposals were evaluated using the following criteria: cost, risk (including schedule,
exceptions/exemptions, bidder experience), and conformance to bid instructions. Members were
provided a summary of the evaluation scores. It was noted that the highest evaluated contractor,
Cooling Tower Depot, Inc., was also the low bidder, in the amount of $366,301. Mr. DePrima
advised members that there will be other components/services awarded under future proposals in
subsequent years to complete the project; however, at this time, staff is confident this project will
be under budget.
Staff recommended awarding the contract to the low bidder, Cooling Tower Depot, Inc., for
$314,625 for the firm price portion and $51,676 for the Time and Materials (T&M) portion of the
work, for a total contract award of $366,301.
Mr. DePrima stated that the proposed contract addresses the highest priority work requiring
immediate attention which is planned for completion in the Fall of 2010. He indicated that this
work, in combination with the work scheduled for the years 2012, 2013, and 2014, should extend
the useful life of the cooling towers for up to 15 years.
Responding to Mr. McGlumphy, Mr. Ken Beard, Assistant Plant Manager, stated that additional
work will be necessary for the cooling towers; however, staff anticipates that all costs will be less
than the $572,068 budgeted for this project.
Mr. McGlumphy moved for approval of staff’s recommendation to award the contract to the
low bidder, Cooling Tower Depot, Inc., in the amount of $314,625 for the firm price portion
and $51,676 for the Time and Materials (T&M) portion of the work, for a total contract award
of $366,301. The motion was seconded by Mr. Leary and carried by a unanimous roll call
vote.
APPOINTMENT - HEALTH BENEFITS COMMITTEE - RICHARD HUDSON (RETIREE
REPRESENTATIVE)
During the Health Benefits Committee meeting of August 11, 2010, members recommended revising
their membership to include a Retiree Representative. Members considered the appointment of
Mr. Richard Hudson to serve on the Health Benefits Committee as the Retiree Representative.
By consent agenda, Mr. Salters moved for approval of the appointment of Mr. Hudson to serve
on the Health Benefits Committee as the Retiree Representative. The motion was seconded
by Mrs. Williams and carried by a unanimous roll call vote.
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. McGiffin reminded members to mark their calendar for June 26, 2011 for the next African
American Festival.
Mr. McGiffin also wished Council President Hogan a Happy Birthday.
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CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 9
Mr. McGlumphy moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:43 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
September 13, 2010, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Pictures Depicting Poison Ivy Growth at 628 N. West Street
Exhibit #2 - Tax Reassessment Data
Exhibit #3 - Draft Letter to U.S. Senators - Support of Reallocation of the D Block to Develop a Nationwide
Interoperable Network for Public Safety
Exhibit #4 - Draft Letter to U.S. Representatives - Support of Reallocation of the D Block to Develop a Nationwide
Interoperable Network for Public Safety
Page 14
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
(Revised September 27, 2010)
The Parks, Recreation, and Community Enhancement Committee meeting was held on
September 13, 2010, at 12:00 noon with Chairwoman Russell presiding. Members present were
Mr. Ruane, Mr. McGlumphy, Mrs. Horsey, and Mr. Lewis (departed at 1:11 p.m.). Councilman Leary
was also present.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved to amend the agenda by considering Item #2 - Proposed
Ordinance #2010-25 first, seconded by Mrs. Horsey and unanimously carried.
Mr. McGlumphy moved for approval of the agenda, as amended, seconded by Mrs. Horsey
and unanimously carried.
Proposed Ordinance #2010-25 - Amendment to Appendix B - Zoning, Article 5 -
Supplementary Regulations, Section 11 - Environmental Protections
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded
members that the Implementation Chapter of the 2008 Comprehensive Plan includes a
recommendation that the City update the environmental protection provisions within the Zoning
Ordinance. In support of this action, she advised members that the Planning Office assembled a
working group which included staff from the City and Department of Natural Resources and
Environmental Control (DNREC), consulting engineers, the Kent Conservation District, the Sierra
Club, and the Delaware Home Builders Association. Although the Kent County Association of
Realtors was invited to participate, she stated that they did not attend any meetings.
Mrs. Townshend indicated that the working group met monthly, beginning in January 2010, to
discuss updates to the environmental protection section of the Zoning Ordinance. As a result of these
discussions, the Planning Office drafted revisions to the Zoning Ordinance that were reviewed and
discussed by the participants and ultimately finalized in late August. She stated that the Silver Lake
Commission reviewed a draft of the proposed ordinance in August 2010.
Members were provided with Proposed Ordinance #2010-25. Mrs. Townshend explained that the
proposed amendments add clarity to the current requirements, include guidance for redevelopment
within the 100-year flood plain, provide options for buffering water bodies, and grant the Silver Lake
Commission the ability to review applications for Silver Lake prior to review by the Planning
Commission. Staff recommended that the proposed ordinance be forwarded to City Council for a
First Reading on September 27, 2010, referred to the Planning Commission for consideration on
October 18, 2010, and that the Final Reading and public hearing be set before City Council on
November 8, 2010.
In response to Mr. Ruane, Mrs. Townshend indicated that the flood hazard area is defined as the
100-year flood plain, as depicted on the most recent maps adopted by the Federal Emergency
Management Agency (FEMA). She stated that FEMA updates these maps every five (5) years and
the last update was accomplished in 2005. Mr. Ruane noted that the City has been attempting to
have flood plain maps in the Puncheon Run area revised for some time and reminded members that
the City prohibits residents from constructing certain types of structures, such as patios, in these
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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 2
areas. Mrs. Townshend explained that the flood plain map identifies the boundary of the flood plain,
as well as the flood elevation; therefore, if topographical information indicates that the actual flood
plain is different from the map, this information is considered, provided there is supporting evidence.
Mr. Michael Albert, Planner II, stated that there are provisions in the ordinance that specifically
exempt existing homes in the area from the restrictions mentioned by Mr. Ruane.
Mr. McGlumphy relayed concerns that the proposed ordinance contains topics that are embedded
in different areas of the document, such as waivers. He suggested that changes in the ordinance be
clearly identified, explaining that it is difficult for the layman to understand some of the provisions
included.
Responding to Mrs. Russell, Mrs. Townshend suggested that the synopsis be amended to include
details which address the concerns relayed by Mr. McGlumphy.
It was also suggested that staff issue a press release, advertising the public hearing, to alert property
owners within a flood plain.
Mr. McGlumphy moved to recommend approval of staff’s recommendation that Proposed
Ordinance #2010-25, with the recommended adjustments suggested by the Committee
(Attachment #1), be forwarded to City Council for a First Reading on September 27, 2010,
referred to the Planning Commission for consideration on October 18, 2010, and that the Final
Reading and public hearing be set before City Council on November 8, 2010. The motion was
seconded by Mrs. Horsey and unanimously carried.
Presentation - St. Jones River Stabilization
Mr. Zachary Carter, Director of Parks and Recreation, introduced Mr. Dean Holden, Chairman of
the Silver Lake Commission. Members were provided detailed information regarding the St. Jones
River Stabilization Project.
Mr. Holden advised members that the St. Jones River Stabilization Project will not only beautify the
area but also improve water quality. He noted that public workshops were held and that the final
construction documents were developed with consideration of public input.
Mr. Lyle Jones, Program Manager, DNREC Watershed Assessment Division, reviewed the
information provided to members regarding the St. Jones River Stabilization Project.
Responding to Mr. Lewis, Mr. Jones indicated that, upon approval by the City, DNREC will move
forward with the project. He advised members that DNREC is currently in the process of obtaining
federal and State permits and, if the permits are granted, a meeting will be held with the Army Corps
of Engineers to discuss plans for proceeding.
With regards to Mirror Lake, Mr. Jones stated that there are complicated issues involving this area
due to contaminated sediments, the need for dredging, and problems with grading. He advised
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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 3
members that DNREC would make a presentation to the City, in the near future, outlining
recommendations for improvement.
In response to Mrs. Horsey’s concerns regarding debris, Mr. Jones stated that the State and the City
share responsibility for maintaining the waterways in the Court Street Bridge area. He recommended
the use of a youth corps to clean up these areas and maintain the buffers. Mrs. Russell suggested the
possibility of consulting with the City’s Youth Advisory Committee on this project.
With regards to the poison ivy which Mrs. Horsey indicated can be observed from the Court Street
bridge, Mr. Carter stated that he would request the Grounds Department staff to investigate possible
removal.
Mr. Ruane commended the leadership of the Silver Lake Commission and DNREC for the work that
has been accomplished over the years and their partnership with the City of Dover.
Mr. Ruane moved to recommend approval of the St. Jones River Stabilization Presentation,
seconded by Mr. McGlumphy and unanimously carried.
Fund Expenditure Guidelines - Youth Advisory Committee
Mr. Anthony DePrima, City Manager, reminded members that the City formed a Youth Advisory
Committee in 2009 for the purpose of advising the City on youth activities and issues. He noted that
this Committee has been given a budget of $1,000 annually.
Mr. DePrima advised members that he, the City Clerk, and the Controller/Treasurer discussed the
development of procedures to allow the Youth Advisory Committee to expend budgeted funds. As a
result, Financial Procedure #F358 was developed and presented for the Committee’s review.
Mr. DePrima stated that finance procedures are not required to be approved by City Council;
however, staff requested Council’s concurrence in this instance due to the involvement of an
advisory committee that reports to City Council. Staff recommended acceptance of Finance
Procedure #F358: “Youth Advisory Committee Spending.”
Mr. Lewis moved to recommend acceptance of Finance Procedure #F358: “Youth Advisory
Committee Spending” (Attachment #2), as recommended by staff. The motion was seconded
by Mrs. Horsey and unanimously carried.
Benchmarks Established for the Economic Development Office
Mr. William Neaton, Director of Economic Development, reviewed objectives and measures for the
Economic Development Office, which included goals and accomplishments for the Downtown
Dover Partnership (DDP), Downtown Dover business growth, and City-wide economic
development. He also reviewed FY2009-2010 Strategic Accomplishments for the Economic
Development Office.
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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 4
Mr. Neaton advised members that the following DDP accomplishments were not included in the
benchmarks:
1. Sale of several properties to Mr. Robert Duncan (properties along Loockerman
Street east of the Duncan Center) in the amount of $290,000.
2. Completion of property sales to Mr. Charlie Grimes on West Street in the amount
of $225,000 (relocation of NAPA).
3. Purchase of C. Moore’s building at a sheriff’s sale for $225,000 (noting that the
property requires asbestos abatement, which will begin in October), allowing the
DDP to begin renovations or locate an interested developer.
4. Completion of a lease for the Dover Interfaith Mission.
5. Completion of an agreement for the Inner-City Cultural League to lease a second
parcel of land immediately adjacent to the planned NAPA building location.
6. Utilization of a U.S. Department of Agriculture (USDA) grant in the amount of
$44,000 by the DDP to host seven (7) business development workshops that
provided information on marketing techniques, green business, and developing
business plans. Mr. Neaton noted that there were 160 attendees and that these
types of workshops will continue to be held.
In response to Mr. Ruane regarding the development of the Dover Transit Center, Mr. Neaton stated
that the total cost of the Transit Center was estimated to be $13M and that $5M in stimulus funds
was allocated for the project, which would fund construction of the horizontal (ground) portion
of the building. He noted that the DDP had been working with the Delaware Department of
Transportation (DelDOT) on plans to construct the remainder of the building. He indicated that
State transit operations will be housed in the Center, the Kent County Metropolitan Planning
Organization (MPO) has committed to relocate to the building, and EZ Pass has made a tentative
commitment.
Mr. Neaton noted that DelDOT requested the DDP to join a public/private partnership to develop
the 30,000 sq. ft. structure; however, the DDP declined to participate with DelDOT in this
partnership. Instead, the DDP will look for private sector partners to build the transit center.
Further clarifying, Mr. Anthony DePrima, City Manager, explained that it would be advantageous
for the City to be involved in both the construction of the facility and the ownership/operation of the
building. He stated that if the DDP joined the DelDOT public/private partnership, the DDP would
be prohibited from competing with private developers when bids are submitted for the construction
and development of the site. For this reason, the City declined the opportunity to join the
partnership. However, the City would have the opportunity to participate in the design of the
building through the process of Planning Commission review, etc.
Mr. Neaton stated that the ground level portion of the structure is proposed to be completed by the
end of the year and the second phase of the project would be completed through the work of the
public/private partnership. He felt confident that plans for the Center would come to fruition.
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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 5
In regards to the Economic Development benchmarks report, Mr. McGlumphy requested that, in the
future, staff provide specific information for the measurements, such as the inclusion of the survey
mentioned under the measure “monitor downtown merchant and business owner satisfaction” and
the names of new businesses as mentioned under the measure “monitor number of businesses opened
in the Downtown Target Area.” In addition, he requested that members be provided with the number
of jobs created from an opening business and the number lost from a closing business.
Mr. McGlumphy relayed his concerns with the unfavorable appearance of the Route 13 corridor
which serves as the “gateway” to the City. In response, Mr. Neaton advised members that Governor
Jack Markell is interested in improving this area, as well as Downtown Dover. He advised members
that he maintains a close relationship with the State Economic Development Director and intends
to discuss these matters with him.
Mr. Ruane expressed his appreciation for the progress that has been made by the City’s Economic
Development Office.
Mr. Ruane moved to recommend acceptance of the report provided on the Benchmarks
Established for the Economic Development Office, seconded by Mr. McGlumphy and
unanimously carried.
UPDATES
The following updates were provided:
Puncheon Run Watershed Action Team Update
Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that the
Kent Conservation District is working on contacting property owners near the new Governors
Avenue bridge regarding a flood mitigation project that would create an overflow channel on the
existing stream bed for larger storm events. He stated that the proposed project affects two (2)
property owners and that both seem to be receptive to these improvements. Mr. Koenig stated that
he has requested the incorporation of Puncheon Run flood plain mapping into this project.
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, although $2.5M was
requested from the State of Delaware Bond Bill, a total of $3.2M was received. He stated that the
State is committed to this program and the projected Library completion date is September 2012.
Mrs. Donna Mitchell, Controller/Treasurer, noted that the additional funds mentioned by Mr. Carter
were allocated funds that were received sooner than the City anticipated and did not represent an
increase in funding. She reviewed the updated schedule of cost and funding sources for the Library
project and indicated that the schedule outlines the fundraising dollars received to date by the Library
Foundation (Attachment #3). Mrs. Mitchell assured members that the schedule was being updated
regularly and is reviewed by herself, the City Manager, the Director of Parks and Recreation, and the
Library Director.
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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 6
Mr. Anthony DePrima, City Manager, noted that the economic recession is affecting fundraising
efforts for the Library and stated that the City is in discussion with project architects to find possible
ways to cut expenses. He stated that several million dollars of contingencies were included in the
Library budget and will be examined for reductions as construction approaches. In addition, he
noted that the City could consider “phasing” completion of some projects; for example, outfitting
the technology and multi-purpose rooms in the Library could be postponed if funding was not
immediately available. He stated that updated estimates will be presented to the Legislative,
Finance, and Administration Committee during their meeting scheduled for October 11, 2010 and
the financing plans will be reviewed at that time.
Mr. Ruane moved for acceptance of the Updates, seconded by Mr. McGlumphy and
unanimously carried.
Mr. Ruane moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 1:40 P.M.
Respectfully submitted,
Sophia R. Russell
Chairwoman
SRR/JS/jg/ac/tm/dd
S:\AGENDAS & MINUTES\Committee-Minutes\2010\09-13-2010 PR&CE Revised.wpd
Attachments
Attachment #1 - Proposed Ordinance #2010-25 - Amendment to Appendix B - Zoning, Article 5 - Supplementary
Regulations, Section 11 - Environmental Protections
Attachment #2 - Finance Procedure #F358: “Youth Advisory Committee Spending”
Attachment #3 - Updated Schedule of Costs and Funding Sources for the Library Project
Page 20
ATTACHMENT #1
PR&CE Committee Meeting of 09/13/2010
FIRST READING
CITY OF DOVER
PROPOSED ORDINANCE #2010-25
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by adding the
5 text shown in blue bold italics font and deleting the text shown in red bold strikethrough, as
6 follows:
7
8 Section 11. Environmental protection.
9
10 11.1 Purpose. The purpose of this section is to protect public health and safety by
11 ensuring that environmental standards for water, air, and soil in the City of Dover
12 adequately address current practices in the realm of environmental protection.
13 Further, it is the intent of this section to protect environmentally sensitive land as well
14 as the plants and animals that reside on that land.
15
16 11.1 11.2 Environmentally sensitive areas and scarce resources. All land areas which
17 contain one of the following natural features or combination of these features shall be
18 considered to be an environmentally sensitive area or an area of scarce resources subject
19 to specific requirements for environmental protection and conservation: flood hazard
20 areas, steep slopes, water bodies and wetlands, wet soils, woodlands, significant wildlife
21 habitats, prime agricultural soils and designated scenic areas.
22
23 11.11 11.21 Flood hazard areas. All flood hazard areas shall remain as
24 permanent natural open space, except for the construction of roads for which
25 design approval is obtained from the Delaware Department of Natural
26 Resources and Environmental Control and the Delaware Department of
27 Transportation authorized by the City of Dover and/or the Delaware
28 Department of Transportation.
29
30 a) For the purposes of this section, Natural Open Space is defined as an
31 area of land that excludes buildings, structures, and impervious
32 surface from being constructed on or located within the area. For
33 evaluating Flood Hazard Areas, patios, cement slabs, sidewalks, and
34 other similar constructs are considered to be structures and are
35 similarly prohibited.
36
37 11.211 Redevelopment. Existing uses or buildings located within a flood
38 hazard area are considered to be non-conforming structures and are
39 subject to the following requirements.
40
41 a) Non-residential uses existing in a flood hazard area seeking to
42 redevelop a property under the requirements of Article 10 are
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43 required to reduce impervious surfaces for the property by 15%
44 from the pre-redevelopment conditions.
45
46 b) For projects where less than 33% of the total land area involved
47 is located within a flood hazard area, the planning commission
48 may waive or reduce the amount of required reduction in
49 impervious surfaces. For projects being reviewed under
50 administrative site plan review, the city planner may waive or
51 reduce the amount of required reduction in impervious cover for
52 projects where less than 33% of the total land area involved is
53 located within a flood hazard area.
54
55 c) New residential building construction or additions of impervious
56 surface are not permitted in pervious areas of the flood hazard
57 area.
58
59 11.12Slopes. In areas of steep slopes above eight percent, no more than 40
60 percent of the land shall be developed and/or regraded or stripped of
61 vegetation.
62
63 11.13 11.12 Water bodies and wetlands. Lakes, ponds, rivers, and streams
64 Water bodies and wetlands shall be left as permanent open space. No
65 development, filling, piping or diverting shall be permitted, except for required
66 roads, to be approved by the Delaware Department of Transportation United
67 States Army Corps of Engineers and/or the Delaware Department of Natural
68 Resources and Environmental Control. No structures, except stairs and ramps,
69 fences, open decks, patios or docks with a combined area of 200 square feet
70 or less are permitted to be constructed within 75 feet of the shore line of any
71 permanent fresh water lake over one-fourth acre in size or within 100 feet of
72 the mean high tide line for tidal and wetlands. No structures are permitted
73 within 50 feet of the centerline of permanent or intermittent streams or
74 within 25 feet beyond the limits of the floodplain, whichever is greater.
75 Within these same areas, the clearing or removal of natural ground cover or
76 vegetation, including the cultivation of the soil for agricultural purposes, is
77 prohibited.
78
79 11.121 For the purposes of this section, the following, as depicted on the
80 most recent USGS Topographic Maps, shall be defined as water bodies
81 for the purposes of this Section: Cahoon Branch, Dover Run, Fork
82 Branch, Little River, Maidstone Branch, McKee Run, Morgan Branch,
83 Muddy Branch, Puncheon Run, Silver Lake, St. Jones River,.
84
85 11.122 Setbacks. All buildings, structures, and impervious surfaces shall
86 be set back at least 100 feet from the top of bank from wetland areas
87 greater than 0.25 acres in size and from all water bodies. Patios, cement
88 slabs, sidewalks, and other similar constructs are considered to be
89 impervious surfaces. Within this 100 foot setback, vegetative ground
90 cover is required. This setback may be reduced under the conditions set
91 forth as follows:
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92
93 Figure 11-1
94 (US Dept. of the Interior)
95
96 Aquatics Riparian Upland
97 Buffer
98
99 a) The setback may be reduced to 50 feet from the top of
100 bank provided that a riparian buffer is established in the
101 setback, consisting of native vegetation. (See figure 11-1)
102
103 b) The setback may be reduced to 30 feet from the top of
104 bank provided that a riparian buffer is established in the
105 setback, consisting of native vegetation and provided that
106 bank stabilization is implemented through the planting of
107 native species. (See figure 11-1)
108
109 c) Single family residential uses may reduce the setback
110 requirement to 75 feet of the top of bank.
111
112 d) Removal of buffer plantings without approval. The
113 removal of native vegetation or plantings required for the
114 purposes of riparian buffers for any purpose whatsoever,
115 except the establishment of pathways (not greater than
116 eight feet in width), shall be prohibited unless approved
117 by the planning commission through the site plan,
118 conditional use, or subdivision review process.
119
120 e) Plantings in a riparian buffer that are removed without
121 permission must be replaced with similar plantings within
122 30 days of removal. The City Planner may extend this
123 time frame where and if weather conditions necessitate a
124 delay.
125
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126 f) Exceptions to the setback requirements. Stairs, ramps,
127 open decks, patios, and decks necessary for access to
128 natural features with a combined total of 200 square feet
129 in size are exempt from the setback restrictions. Paved
130 trails and sidewalks of up to 6 feet in width or less are
131 exempt from the setback restrictions as defined in this
132 section.
133
134 11.14 11.13 Wet soils. No construction shall be permitted where the seasonally
135 high water table is within 2 1/2 feet of the surface unless crawl space, piles or slab
136 on grade with provisions to prevent water seepage will be used to prevent water
137 damage to the building. The proposed construction techniques must be approved
138 by the building inspector in accordance with City of Dover Building Code and
139 must meet or exceed the standards of the Federal Housing Administration.
140
141 No basements or cellars shall be permitted to be constructed at a depth greater
142 than two feet above below the seasonal high water table, unless special measures
143 are taken to prevent water damage to the building. Such measures must be
144 approved by the building inspector and must meet or exceed the standards of the
145 Federal Housing Administration.
146
147 11.131 Requirements for development applications. Site development
148 applications appearing before the planning commission must include
149 either a wetland delineation prepared by a licensed/registered soil
150 scientist, wetlands scientist, or professional engineer in accordance with
151 US Army Corps of Engineers standards; or provide a statement from the
152 design professional that no wetlands are present on the site.
153
154 11.132 Requirements for major subdivision applications. Subdivision
155 plans must identify the seasonal high water table on each lot if
156 basements are proposed for those lots. A licensed Class D Soil Scientist
157 is required to determine the seasonal high water table and this
158 information must be displayed on the subdivision plat. This information
159 must also be present in the deed and plot plan for each property.
160 Basements may be prohibited where severe groundwater conditions
161 exist.
162
163 a) A lot specific study may be substituted for the recorded seasonal
164 high water table as per the subdivision plan.
165
166 11.15 11.14 Significant wildlife habitat. Natural features that constitute
167 significant wildlife habitats are considered to be environmentally sensitive
168 features and a scarce resource deserving of protection. The natural features that
169 typically provide significant wildlife habitat include wetlands and marsh areas
170 that provide nesting and breeding grounds for water fowl and support a wide
171 variety of aquatic life; wooded areas in general, but most especially the edges of
172 the wooded areas adjacent to open fields and along stream corridors; freshwater
173 marsh and wetland areas, old fields and hedgerows; and natural areas of grasses
174 and shrubs along the edges of open fields, drainage channels and wetlands.
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175 Applications for subdivision plan and site development plan approval shall
176 include the identification of all areas and features which constitute significant
177 wildlife habitat as part of the documentation of existing site conditions. The
178 protection and preservation of wildlife habitat shall be considered to be an
179 important factor in the approval or disapproval of proposed developments by
180 the planning commission in development review.
181
182 11.16 Prime agricultural land. All land areas consisting of class I soils, as
183 defined by the United States Department of Agriculture Natural Resources
184 Conservation Service publication "Soil Survey, Kent County, Delaware," are
185 hereby classified as prime agricultural lands because of their productive
186 capabilities as cropland. Undeveloped prime agricultural land is considered
187 to be a scarce resource locally and nationally and its conversion to urban
188 land use is strongly discouraged. Applications for subdivision plan or site
189 development plan approval shall include the identification of the presence of
190 an extent of prime agricultural land as part of the documentation of [the]
191 existing site condition. The protection and preservation of the prime
192 agricultural lands on the site to the maximum extent possible shall be
193 considered to be an important factor in the approval or disapproval of
194 proposed developments by the planning commission.
195
196 11.17 11.15 Scenic resources. Scenic resources shall consist of the following:
197 mature woodlands and most especially the edges of wooded areas adjacent to
198 open fields, wetlands or urbanized areas; other areas of mature natural vegetation
199 such as marsh grasses; the historic district and areas listed on the National
200 Register of Historic Places the Victorian district; [and] freestanding historic
201 buildings and sites and other buildings or districts of the city exhibiting particular
202 architectural or visual merit buildings and places of special public or cultural
203 significance, and significant views and view corridors to buildings or places of
204 architectural, visual, public or cultural value and to attractive natural areas.
205 Application for subdivision plan or site development plan approval shall include,
206 as a part of the documentation of existing site conditions, the presence of and
207 location of all scenic resources. The preservation and enhancement of the scenic
208 resources potentially affected by the proposed development shall be considered as
209 an important factor in the approval or disapproval of the proposed
210 development by the planning commission in development review.
211
212 11.151 Silver Lake. All Site Plan, Conditional Use Site Plan, or
213 Subdivision applications for parcels where any boundary of the parcel is
214 abutting Silver Lake is required to go before the Silver Lake
215 Commission prior to appearing before planning commission. The Silver
216 Lake Commission shall provide advisory comments for the planning
217 commission on such applications.
218
219 11.18 11.16 Combinations of environmentally sensitive features and scarce
220 resources. Wherever more than one environmentally sensitive feature or scarce
221 resource is present on a site in combination, special care shall be taken in both the
222 documentation of existing conditions on a site being considered for development
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223 and in the planning commission's review of a specific subdivision plan or site
224 development plan application.
225
226 In general, the use of available development options such as planned residential
227 developments, cluster developments and rural residential cluster developments is
228 strongly encouraged to take advantage of the design and the planning feasibility in
229 new development projects afforded by these options to preserve and protect
230 environmentally sensitive features and the natural processes associated with these
231 features to the maximum extent possible.
232
233 11.2 11.3 Stormwater management. All developments over one acre in size shall be
234 required to limit the rate of stormwater runoff so that no greater rate of runoff is
235 permitted than that of the site in its predevelopment condition. Where farm field or
236 disturbed earth is the predevelopment condition, meadow shall be used as the
237 starting base for such calculations instead of the actual predevelopment condition.
238 The method for such calculations shall be that contained in the United States
239 Department of Agriculture, Natural Resources Conservation "Engineering Field
240 Manual Notice TR-55," as amended. For all developments over five acres in size, a
241 stormwater management plan prepared by a registered engineer or registered
242 landscape architect shall be required as a part of the site development plan
243 submission to the City of Dover, including calculations for increased runoff and the
244 sizing of all pipes and channels and stormwater retention or detention ponds and
245 other stormwater management structures or facilities. All development must be
246 designed, constructed, and maintained in accordance with State of Delaware Sediment
247 and Stormwater regulations. The planning commission may require stormwater
248 management in excess of the minimum regulations in areas with documented drainage
249 problems upon concurrence with the Kent Conservation District, State of Delaware, or
250 the City Engineer.
251
252 11.3 Soil erosion and sedimentation control. All developments shall protect streams,
253 lakes and ponds, marshes and wetlands from sedimentation damage and shall
254 control erosion in accordance with the Delaware State Soil Erosion and
255 Sedimentation Control Act (7 Del. C. § 4001 et seq.), adopted by and administered
256 by the City of Dover. Erosion control measures such as minimizing the area of
257 exposed soil, mulching, building silt catchment basins, and planting temporary
258 ground cover shall be instituted as necessary.
259
260 For all developments over one acre in size, a soil erosion and sedimentation control
261 plan prepared by a registered engineer or registered landscape architect shall be
262 required as part of the site development plan submission to the City of Dover.
263
264 BE IT FURTHER ORDAINED THAT: Appendix B – Zoning, Article 12 – Definitions, be
265 amended by adding the definitions in blue bold italics font in the proper alphabetical order of this
266 article, as follows:
267
268 Vegetative Ground Cover: Grass and a combination of shrubs and/or trees planted or
269 naturally occurring that occupies a portion of a property for the purpose of maintaining or
270 improving water quality or natural conditions of the land.
271
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272 Wetlands: Lands that are inundated or saturated by surface or ground water at a frequency
273 and duration sufficient to support, and that under normal circumstances do support, a
274 prevalence of vegetation typically adapted for life in saturated soils conditions.
275
276 SYNOPSIS
277 The proposed ordinance updates the provisions of the Zoning Ordinance
278 relating to environmental protections by:
279 • Clarifying that paving is prohibited within flood hazard areas (100-year flood
280 plain).
281 • Setting forth standards for redevelopment within flood hazard areas.
282 • Removing the 25-foot setback requirement from flood hazard areas.
283 • Creating a variable buffer requirement from waterways, with variation based
284 on planting and bank stabilization.
285 • Identifying exceptions to the buffer requirement, based on amenities that are
286 necessary intrusions (such as decks, patios and docks) for enjoyment of the
287 waterway.
288 • Identifying by name the water bodies to which the buffer requirements apply.
289 • Requiring that a wetland delineation or “statement of no wetlands” be
290 included in all development applications.
291 • Creating a requirement to identify seasonal high water table on lots in
292 residential subdivisions and prohibiting basements below the season high
293 water table.
294 • Giving the Silver Lake Commission a role in reviewing and making advisory
295 comments to the Planning Commission on projects abutting Silver Lake.
296 • Defining “Vegetative Ground Cover” and “Wetlands.”
297
298
299 ADOPTED: *
300
301 Actions History:
302 September 27, 2010 – Proposed First Reading - Council
303 September 13, 2010 – Parks, Recreation and Community Enhancement Committee
304
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Page 27
ATTACHMENT #2
PR&CE Committee Meeting of 09/13/2010
CITY OF DOVER
DEPARTMENT OF FINANCE
PROCEDURE MANUAL
TITLE: YOUTH ADVISORY COMMITTEE SPENDING PROCEDURE # F358
DATE: AUGUST 5, 2010
PURPOSE & SCOPE
Establishes the procedures and guidelines for the Youth Advisory Committee to expend City of Dover
budgeted funds. The procedure applies to actions of the Youth Advisory Committee and any persons
advising the Committee.
PROCEDURE ARTICLES
1. Funds shall be budgeted annually by the City Clerk in the City Council’s budget within the
“Other Expenses” Line Item Act 110-1200-512-30-37.
2. Total expenditures shall not exceed the total amount approved by the City Council.
3. Expenditures shall not be limited to expenses normally charged to “Other Expenses” or expenses
typically charged to other accounts, for example: Office Supplies, Printing, and Travel.
4. All expenditures must be approved by a vote of the Youth Advisory Committee.
5. The Youth Advisory Committee can approve a specific expenditure for a specific purpose or
approve expenditures within a general budget that outlines committee plans for the coming fiscal
year.
6. All expenditures must follow all other policies and procedures of the City of Dover. Some
specific policies that the Committee should adhere to are:
a. Community Leader and Organization Recognition Policy
b. Hospitality and Civic Function Policy
c. Travel Policy
d. Purchasing Policy
e. All policies and procedures can be found at \\Dover_1\public docs\Policies & Procedures
7. Once the expenditure is approved by the Committee, an advisor will follow the necessary steps
to procure the items or services.
8. During the annual October meeting of the Youth Advisory Committee, the Controller shall meet
with the Committee to discuss their fiscal responsibility, this procedure, and other city policies
that may be relevant to the activities of the Committee.
Distribution:
Finance Procedure Manual
City Clerk’s Office
Youth Advisory Committee
Page 28
ATTACHMENT #3
PR&CE Committee Meeting of 09/13/10
City of Dover
Finance Department
PO Box 475
Dover DE 19903-0475
Phone: (302-736-7018
FAX: (302) 736-7177
E-Mail: dmitchell @dover.de.us
MEMORANDUM
To: Chairwoman Sophia Russell
Parks & Recreation Committee
From: Donna Mitchell, Controller/Treasurer
Copy: Tony DePrima, Zachary Carter, & Margery Cyr
Date: September 3, 2010
Subject: Library Project Projections
As discussed, attached for the Committee’s review and discussion is an updated schedule of cost
and funding sources for the Library project. Page two of the schedule will provide you with the
fund raising dollars received to date by the Library Foundation. The schedule is being updated
regularly and reviewed by myself, the City Manager, Community Services Director, and Library
Director.
Page 29
Page 2 of 3
City of Dover
Library Project
Schedule of Projected Cost & Funding Sources
As of July 31, 2010
SCHEDULED To Date FISCAL YEAR 2010 FY11
WORK DESCRIPTION COST Expenses May-10 Jun-10 Jul-10 Totals
Sitework & Landscaping $865,896 $0 $0 $0 $0 $0
Concrete $429,290 $0 $0 $0 $0 $0
Masonry $2,378,968 $0 $0 $0 $0 $0
Structural Steel & Misc.Metals $1,432,450 $0 $0 $0 $0 $0
Timber Roof Decking $168,267 $0 $0 $0 $0 $0
Roofing $444,402 $0 $0 $0 $0 $0
Carpentry & Millwork $474,891 $0 $0 $0 $0 $0
Aluminum Windows/Entrances $1,003,795 $0 $0 $0 $0 $0
CF Metal Framing & Drywall $1,008,442 $0 $0 $0 $0 $0
Finishes $936,673 $0 $0 $0 $0 $0
Specialties $145,681 $0 $0 $0 $0 $0
Raised Floor System $436,562 $0 $0 $0 $0 $0
Conveying Systems $81,000 $0 $0 $0 $0 $0
HVAC & Plumbing Systems $1,874,800 $0 $0 $0 $0 $0
Geothermal Well Field $330,000 $0 $0 $0 $0 $0
Fire Protection System $286,136 $0 $0 $0 $0 $0
Electrical System $1,324,750 $0 $0 $0 $0 $0
Specialty Systems(V/D, Security, Fire Alarm, &
PV) $122,820 $0 $0 $0 $0 $0
SUBTOTAL $13,744,823 $0 $0 $0 $0 $0
General Conditions $383,652 $0 $0 $0 $0 $0
Field Supervision Incl. $0 $0 $0 $0 $0
Pre Construction Fee $53,711 $0 $0 $0 $0 $0
Reimbursable Labor $667,432 $0 $0 $0 $0 $0
Builder's Risk/Liability Insurance $41,946 $0 $0 $0 $0 $0
Construction Manager Fee $736,613 $29,813 $0 $0 $0 $29,813
Bldg & Fire Marshal Permit $0 $0 $0 $0 $0 $0
City of Dover Impact Fees (sanitary) $50,000 $0 $0 $0 $0 $0
Subcontractor Bonds $206,172 $0 $0 $0 $0 $0
Inspection, Survey & Testing Fees $175,000 $0 $0 $0 $0 $0
Cost Escalation (2%) $349,089 $0 $0 $0 $0 $0
Bidding & Construction Contingency $1,395,099 $0 $0 $0 $0 $0
SUBTOTAL $4,058,714 $29,813 $0 $0 $0 $29,813
Architect/Engineer/Civil Fee $1,780,354 $976,097 $0 $248,530 $0 $1,224,627
Special Consultants $271,080 $26,200 $0 $3,795 $0 $29,995
Interior/FF&E Design $100,000 $0 $0 $0 $0 $0
Reimburable Expenses $100,000 $50,827 $0 $2,258 $0 $53,085
Commissioning Fee $100,000 $0 $0 $0 $0 $0
Furniture Fixtures & Equipment $1,467,360 $0 $0 $0 $0 $0
Kent Co. Conservation Dist. Fee $5,000 $0 $0 $0 $0 $0
Moving Expenses $25,000 $0 $0 $0 $0 $0
Owner's Contingency $216,523 $0 $0 $0 $0 $0
SUBTOTAL $4,065,318 $1,053,124 $0 $254,583 $0 $1,307,708
SUBTOTAL CONSTRUCTION COST $21,868,855 $1,082,937 $0 $254,583 $0 $1,337,521
Horizon Philanthropic - Fundraising $316,252 $74,159 $10,183 $6,528 $4,281 $95,151
Other Expenses - Foundation & Reserve $3,748 $6,648 $1,960 $1,299 $885 $10,792
SUBTOTAL $320,000 $80,807 $12,143 $7,827 $5,166 $105,943
TOTAL PROJECT COST $22,188,855 $1,163,744 $12,143 $262,410 $5,166 $1,443,464
CUMULATIVE BILLINGS $1,163,744 $1,175,887 $1,438,297 $1,443,463
Page 30
Page 3 of 3
City of Dover
Library Project
Schedule of Projected Cost & Funding Sources
As of July 31, 2010
Jul-10 To Date To Date FISCAL YEAR 2010 FY11
Likely Funding Sources: Budget Committed Receipts May-10 Jun-10 Jul-10 Totals
State Grant $10,164,300 $8,448,657 $586,658 $21,951 $15,825 $0 $624,434
Federal Grants $1,500,000 $0 $0 $0 $0 $0 $0
City Reserve Contributions $3,700,000 $3,592,457 $556,029 $0 $0 $0 $556,029
City Reserve Interest $179,000 $424,858 $413,304 $11,554 $8,808 ($1,373) $432,293
Library Foundation $3,000,000 $933,462 $66,061 $318,489 $155,694 $5,118 $545,362
Sale of 45 S. State St. $1,200,000 $0 $0 $0 $0 $0 $0
Green Energy Grants $215,000 $0 $0 $0 $0 $0 $0
Stimulus Grants $120,000 $0 $0 $0 $0 $0 $0
Friends of the Library $200,000 $0 $0 $0 $0 $0 $0
Community Transp. $100,000 $0 $0 $0 $0 $0 $0
Debt issues
Green Energy Bonds $1,500,000 $0 $0 $0 $0 $0 $0
Temp Financing $0 $0 $0 $0 $0 $0 $0
Total Funding Sources $21,878,300 $13,399,434 $1,622,052 $351,994 $180,327 $3,745 $2,158,118
Net Monthly Cash Flow $339,851 ($82,083) ($1,421)
Net Cum. Cash Flow ($310,555) $458,308 $798,159 $716,076 $714,655
Cash Balance - Reserve $3,451,049 $3,462,603 $3,471,411 $3,200,701
Cash Balance - Foundation (Includes Xfr from Reserve in 7/10) $48,858 $355,703 $505,192 $773,060
Pledges Actually Received are recorded in funding sources; Outstanding Pledges are included in Committed Column and will be
recognized when received; $388,100
Library Foundation Interest is included in the Foundation receipts
Page 31
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on September 13, 2010
at 6:00 p.m. with Chairman Leary presiding. Members present were Mr. McGiffin, Mr. Salters,
Dr. Jones, and Mr. Shevock. Council members present were Council President Hogan, Mr. Bonar,
and Mr. Ruane. Mayor Carey was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda, seconded by Mr. Shevock and unanimously
carried.
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 for 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 but if
there are no positions to consider, the item could be removed.
Librarian II
Ms. Marjorie Cyr, Library Director, reviewed a request to recruit for a Librarian II position.
She reminded members that, during the Regular Council meeting of December 14, 2009, the Library
was granted permission to recruit to fill the Librarian II: Head of Adult Services position. Ms. Cyr
explained that an in-house candidate (Librarian I) was promoted in April 2010 to fill this position;
however, due to personal matters, this employee is unable to continue employment with the
Dover Public Library. She further stated that in May 2010, the City advertised for the position of
Librarian I and is requesting that the current vacancy (Librarian II) be filled utilizing the pool of
candidates who applied for the Librarian I position. Ms. Cyr assured members that there were
several qualified candidates interviewed in August 2010.
Mr. Salters moved to recommend approval to recruit for the position of Library II: Head of
Adult Services, as requested by staff. The motion was seconded by Mr. McGiffin and
unanimously carried.
Motor Equipment Operator I (MEO I) - Streets
Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed a request to recruit
for a Motor Equipment Operator I (MEO I) vacancy created by the recent termination of an employee
in the Streets Division.
Responding to Mr. Shevock regarding the approval of an MEO I in the Sanitation Division on
August 23, 2010, Mr. Koenig indicated that the Committee’s recommendation to recruit for that
position would be considered by Council during their Regular Meeting being held later in the
evening. He stated that, if approved by Council, the position would be advertised as an MEO I in
the Sanitation Department; therefore, individuals with experience in sanitation would apply.
Mr. Koenig felt that candidates would not equate the position in the Streets Division with openings
in the Sanitation Division, and if the two (2) openings were not advertised separately, the pool of
qualified applicants would be reduced.
Page 32
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 2
Mr. Salters moved to recommend approval to immediately recruit for the position of Motor
Equipment Operator I (MEO I) in the Streets Division. The motion was seconded by
Mr. McGiffin and unanimously carried.
Presentation - Energy Savings Procurement Contracting - Ralph Nigro of Sustainable Energy
Utility (SEU)
Mr. Anthony DePrima, City Manager, advised members that, several years ago, he became interested
in exploring energy procurement contracting for the City. He explained that this concept would
involve hiring a company to assess how the City could make existing City-owned buildings more
energy efficient, project the cost of making energy-related improvements, determine energy cost
savings, and finance the improvements with the City paying the finances back through the energy
savings realized. The State of Delaware has created a new agency, Sustainable Energy Utility (SEU),
responsible for coordinating and working on energy procurement contracting.
Mr. DePrima introduced Mr. Ralph Nigro, Contract Administrator for Delaware Sustainable Energy
Utility, and explained that the purpose of bringing this matter to members is to determine the
Committee’s and Council’s interest in the idea.
Mr. Nigro reviewed the Power Point presentation “Sustainable Energy Utility Performance
Contracting.”
Responding to Mr. Shevock, Mr. Nigro explained that one of the performance contractors would
provide engineering staff to evaluate the facilities and, at the conclusion of this process, a detailed
report would be provided. The report would include findings, recommendations for improvement,
and associated costs and savings. Mr. Nigro indicated that the City would be aware of the costs and
benefits before a contract was negotiated and before committing any money. Assuming the City
moved forward with the recommendations, the cost of the assessment would be included in the
financing. Mr. Nigro indicated that the performance contractor would do the work “at risk,” bearing
the cost necessary to conduct the assessment, and would be paid when the financing closed or, if the
City chose not to proceed with the recommendations, the City would only pay for the performance
contractor evaluation. He advised members that some of the performance contractors are well
established, citing Johnson Controls, Honeywell, Semans, Pepco Energy Services, Constellation
Energy Services, Noresco, Amerisco, etc.
Mr. Nigro stated that the approximate costs associated with assessment are highly dependent upon
the number of facilities evaluated and the complexity of the assessment; however, a “rule of thumb”
would be that the assessment would be conducted at a cost of 0.10¢ to 0.15¢ per square foot.
Responding to Dr. Jones, Mr. Nigro indicated that performance contractors target at least a 20%
overall savings in order for a project to be considered worthwhile; however, it is common for
contractors to discover savings of up to 40%-50%.
Page 33
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 3
In response to Mr. Ruane, Mr. Nigro stated that consideration of this type of program for new
construction falls into a “gray area.” Although he stated this would be possible, parameters have not
yet been determined. Mr. Ruane urged the exploration of this possibility, noting that the City has
a new project that is being designed and that SEU bonding would assist with the financing of this
project. Mr. Nigro assured members that it is not the State’s intention to focus only on existing
buildings and noted that the SEU would pursue this matter further, although he indicated that
financing related to new construction is more complex.
Mr. DePrima stated that, if there were no objections, staff would include the cost of the energy audit
in next year’s budget. He indicated that the City would “piggyback” with the SEU by consolidating
with other organizations, and then the City would move forward from there. He advised members
that City buildings that would be considered include City Hall, the Warehouse, the Recreation Center
on Whiteoak Road, and the Public Utilities/Administrative Offices at 5 East Reed Street. No further
action was taken by members.
Disposition of City Owned Land - 45 S. State Street and Associated Parking Lot Property
Mr. Anthony DePrima, City Manager, reminded members that funds from the sale of the current
Dover Public Library Building and the associated parking area are anticipated for use in the
construction of the new library building. He stated that there have been at least two (2) inquiries
from parties interested in purchasing the property. Given the time table for the new library,
Mr. DePrima indicated that it was time to begin the process of disposing of the current library
building.
In accordance with the City of Dover Procedure for Sale and Disposition of Real Property,
Mr. DePrima stated that staff has evaluated the property and determined that no City departments
have a need for it. Staff has also determined that the current zoning of RGO (Residential and
General Office) is not appropriate, and that changing the zoning would enhance the value of the lot.
He noted that, in order to prepare the site for sale, it will be necessary to prepare a minor
subdivision\lot line adjustment to place the library and parking lot on one (1) parcel and annex the
Carriage House to the 5 East Reed Street Property. Mr. DePrima indicated that variances may be
needed and advised members that there is a paper alley running through the property that must be
abandoned.
Members were advised that the City of Dover Procedure for Sale and Disposition of Real Property
is a three (3) step process, as follows:
1) Obtain a recommendation from the Legislative, Finance, and Administration
Committee to dispose of the property.
2) After accepting the Committee’s recommendation, City Council would advertise
the intent to dispose of the property and the pertinent information in a local paper
once a week for two (2) weeks. As a result, any correspondence on the sale of
the property would be part of the public record. City Council would then hold
a public hearing for the purpose of taking public comment on the sale.
Page 34
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 4
3) After considering public comments and the public record, City Council would
determine whether it is in the best interest of the City to sell the property as well
as the method of sale and level of advertising.
Staff recommended that Council designate the property as excess real estate and authorize the City
Manager to publicize the pertinent information concerning the surplus parcel and its availability for
purchase at least once a week for two (2) weeks in a local newspaper, and hold a public hearing
before Council to allow public comment on the proposed sale. It was noted that further action would
be required to authorize the City Manager to obtain the necessary zoning and planning approvals for
the rezoning, minor subdivision, alley abandonment, and possible variances.
Responding to Mr. Shevock, Mr. DePrima stated that a lease purchase for the property was a
possibility.
In response to Mr. Salters, Mr. DePrima stated that, if the City retains the building, it would create
a $1.2M deficit in the finance plan for the new library. He noted that the building was assessed at
$1.4M by the City Assessor and reminded members that the current timeline for occupancy of the
new Library is September 2012.
For clarification, Mr. DePrima stated that the Carriage House utilized by the Friends of the
Library would not be part of the sale and would become a part of the 5 East Reed Street property.
The carriage house, a small garage located on the property, is included as part of the sale.
Mr. McGiffin moved to recommend that Council designate the property as excess real estate
and authorize the City Manager to publicize the pertinent information concerning the surplus
parcel and its availability for purchase at least once a week for two (2) weeks in a local
newspaper, and hold a public hearing before Council to allow public comment on the proposed
sale. The motion was seconded by Dr. Jones and unanimously carried.
FY 2011 Budget Amendment - Project Budgets
Members were provided draft Budget Ordinance #2010-26, including the final budget balances and
project budget balances carried forward from FY10 for incorporation into the FY11 Budget.
Mrs. Donna Mitchell, Controller/ Treasurer, reviewed the major points regarding the re-appropriation
of funds for projects that were not completed in the previous fiscal year. In addition, she advised
members that some “clean-up” amendments unrelated to projects were required, as follows:
1) The General Fund changes reflect a reduction in the Fire Department budget due
to apparatus loan payments being less than budgeted by $64,510 and the removal
of a transfer from the Capital Asset Reserve in the amount of $140,000.
The need for the transfer was resolved by a greater FY10 ending budget balance,
along with the reduction in the Fire Department budget.
Page 35
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 5
2) The Wastewater Utility had a negative Beginning Budget Balance of $45,665,
which will be reversed in FY11. This was attributed to the timing of receipts
from the State Revolving Fund Loan. The State loans work as a line of credit and
reimbursements are drawn as money is spent on the projects. This reduces the
City’s interest cost, since the City only pays on the loans for the principal
outstanding at the time until the projects are completed.
3) The Electric Utility ended the year with a higher than projected Beginning Budget
Balance by $1,643,065. The Controller/Treasurer recommended that $1M of
the savings be transferred to the Depreciation Reserve to meet the City’s policy
requirement sooner than forecasted. The transfer would be included in the
Budget Ordinance if the Committee agrees with the recommended action.
The remaining savings may be needed to complete the Unit #1 Boiler repairs.
Mrs. Mitchell indicated that Council would be briefed on this project in the near
future. Savings are a result of the following major items:
a) The bonded projects came in under budget and the remaining
proceeds were used for distribution upgrades that were originally
planned to be paid from operating fund transfers and/or reserves;
b) The economy impacted new development projects; therefore, all
budgeted dollars were not spent; and
c) Significant savings were realized on the Governors Avenue
project, since the City budgeted for the installation of conduit to
bury the electric lines and the State is covering this cost.
Mrs. Mitchell noted that the budget amendment is being presented earlier than normal. She
explained that, by submitting these project carry forward balances prior to the completion of the
annual audit, staff would be able to enter the correct balances in the financial system. This would
alleviate a great deal of manual work required to track funds.
Staff recommended adoption of the Budget Ordinance, with the recommendation to transfer $1M
to the Depreciation Reserve from the Electric Improvement & Extension (I & E) Fund, to be
forwarded to City Council for a First Reading on September 27, 2010.
Responding to Mr. Ruane, Mrs. Mitchell stated that an analysis has not been conducted to determine
the impact if the $1M were utilized to reduce electric rates rather than being transferred to the
Depreciation Reserve. She explained that since the excess carry forward monies were in the Capital
Improvement Fund and not the Operating Fund, the funds were put back into the Depreciation
Reserve, since these reserves were used in the past to help pay for projects and the fund dropped
below policy levels. Mrs. Mitchell noted that a transfer from the Electric Fund to the I & E Fund in
the amount of $3.5M was included. She suggested that Council may wish to reduce that amount to
$2.5M, which would provide $1M to be used for customers.
Page 36
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 6
Mr. Ruane requested that Council be provided such an analysis when this matter is presented
for consideration. Responding, Mrs. Mitchell requested guidance relative to an effective date.
She reminded members of the work currently being required by the Finance Department and the time
it would take for staff to conduct the requested analysis.
In response to Dr. Jones, Mrs. Mitchell suggested that the analysis could be accomplished by the end
of October. She suggested that, as an alternative, the Committee’s recommendation could exclude
staff’s recommendation regarding the transfer of $1M to the Depreciation Reserve from the Electric
I & E Fund to be considered at a later time.
Mr. Salters moved to recommend approval of the Budget Amendments, as recommended by staff,
seconded by Mr. Shevock.
Mr. Ruane questioned the urgency for the Depreciation Reserve to be at $10M, feeling that there may
be a missed opportunity to assist the City’s constituents, particularly during these difficult economic
times.
The motion recommending adoption of Proposed Ordinance #2010-26, Proposed Budget
Amendment - Fiscal Year 2011 (Attachment #1), with the recommendation to transfer $1M to
the Depreciation Reserve from the Electric Improvement & Extension (I & E) Fund, to be
forwarded to City Council for a First Reading on September 27, 2010, as recommended by
staff, was carried with Mr. McGiffin and Dr. Jones voting no.
Discussion - Public Notice for Planning Applications
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that Council had requested that the City’s public notice requirements for planning applications be
updated. In addition to this update, she stated that staff has begun a comprehensive update of
Article 10 of the Zoning Ordinance which addresses the procedures for various applications reviewed
by the Planning Office, the Planning Commission, and the Historic District Commission.
Mrs. Townshend indicated that last September she reviewed the public notice requirements of other
local governments in Delaware. Based on the research that staff performed and the guidance
provided by City Council and the Committee, staff proposed that Code amendments be brought
forward for consideration later this fall which would include the following changes to public notice
requirements:
1) Increase in distance for mailed notice from 200 feet from the subject property to
300 feet from the subject property;
2) Change the date of mailed notice and newspaper publication from 10 days prior
to Planning Commission hearings to 15 days prior to Planning Commission
hearings;
Page 37
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 7
3) Add a new requirement to physically post a notice on the subject property in a
conspicuous location.
Since several members of the Committee and/or City Council had expressed specific interest in the
issue of public notification, Mrs. Townshend stated that these recommendations were being
presented for discussion prior to completion of the proposed code amendments.
In response to Mr. Ruane, Mrs. Townshend indicated that the distance for notifying property owners
could vary significantly depending upon the size of the subject property. In conducting research, she
stated that there were no other municipalities or counties in the State that had a notification
requirement of greater than 300 feet. Additionally, she felt that physically posting a notice on the
subject property would have more impact than a mailed notice. Mrs. Townshend did not feel that
increasing the notification requirement to 500 feet from the subject property would reach
significantly more property owners.
By unanimous consent, the meeting adjourned at 7:05 P.M.
Respectfully submitted,
Thomas J. Leary
Chairman
TJL/TM/jg/js/dd/ac
S:\AGENDAS & MINUTES\Committee-Minutes\2010\09-13-2010 LF&A.wpd
Attachment
Attachment #1 - Proposed Ordinance #2010-26 - FY2011 Budget Amendments
Page 38
ATTACHMENT #1
LF&A Committee Meeting of 09/13/2010
1 of 3 FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2011-26
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
2 The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts
3 and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments
4 of the Municipal Government for:
5 City of Dove r
6 Gove rnm e nta l Ca pita l Proje cts Fund
7 Propose d Budge t Am e ndm e nt - Fisca l Ye a r 2011
2010/11
2010/11 BUDGET REVISED
8 BUDGET ADJUSTMENTS BUDGET
9 BEGINNING BALANCE & RECEIPTS:
10 BEGINNING BALANCE - PROJEC TS $ 65,479 $ 162,113 $ 227,592
11 BEGINNING BALANCE - LIBRARY - 34,583 34,583
12 STATE GRAN TS 3,343,520 888,828 4,232,348
13 INTEREST EARN INGS 10,900 - 10,900
14 POLICE GRAN TS 18,000 - 18,000
15 LIBR ARY BOND ISSUE/CONTRIBUTIONS 1,000,000 - 1,000,000
16 TRANSFER FROM GEN ERAL FUND FOR PROJECTS 1,307,839 - 1,307,839
17 TRANSFER FROM PARKLAND RESERVE (JWP ADDTN) - 36,872 36,872
18 TRANSFER FROM LIBRARY RESERVE 2,343,519 20,213 2,363,732
19 TRANSFER FROM CAPITAL ASSET R ESER VE 140,000 (140,000) -
20 TOTAL BUDGET $ 8,229,257 $ 1,002,609 $ 9,231,866
21 DEPARTMENT EXPENDITURES:
22 FIRE $ 288,210 $ (64,510) $ 223,700
23 GROUNDS MAINTENANC E 63,675 - 63,675
24 LIBR ARY 6,687,039 943,624 7,630,663
25 RECREATION 45,000 36,872 81,872
26 POLICE 282,380 53,500 335,880
27 STREETS 481,055 - 481,055
28 SANITATION 246,075 - 246,075
29 INFORMATION TECHNOLOGY 12,000 - 12,000
30 MAYOR 31,500 - 31,500
31 TOTAL EXPENDITURES $ 8,136,934 $ 969,486 $ 9,106,420
32 CUR RENT YEAR BALAN CE - PROJECTS 92,323 33,123 125,446
33 TOTAL BUDGET $ 8,229,257 $ 1,002,609 $ 9,231,866
Page 39
2 of 3 FIRST READING
34 City of Dove r
35 W a te r/W a ste rw a te r Im prove m e nt & Ex te nsion Fund
36 Propose d Budge t Am e ndm e nt - Fisca l Ye a r 2011
2010/11
2010/11 BUDGET REVISED
37 BUDGET ADJUSTMENTS BUDGET
38 BEGINNING BALANCE & RECEIPTS:
39 PRIOR YEAR BALANC E - WATER $ 743,431 $ 847,443 $ 1,590,874
40 PRIOR YEAR BALANC E - WASTEWATER 543,668 (589,333) (45,665)
41 BOND PROCEEDS - WASTEWATER 3,016,200 - 3,016,200
42 STATE LOAN FUND - WATER - 2,404,017 2,404,017
43 STATE LOAN FUND - WASTEWATER - 5,597,956 5,597,956
44 TRANS FR WATER/WASTEWATER FOR WATER 500,000 - 500,000
45 TRANS FR WATER/WASTEWATER FOR WASTEWATER 500,000 - 500,000
46 TRANSFER FROM IMPACT FEE RESER VE 242,040 516,781 758,821
47 FEDERAL/STATE GRANTS (WASTEWATER ) - 45,248 45,248
48 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451
49 DEPARTMENT EXPENSES:
50 WATER 620,000 2,985,055 3,605,055
51 WASTEWATER 1,560,700 5,515,294 7,075,994
52 TOTAL EXPENSES $ 2,180,700 $ 8,500,349 $ 10,681,049
53 CURRENT YEAR BALANCE - WASTEWATER BOND 2,153,140 - 2,153,140
54 CURRENT YEAR BALANCE - WATER 623,431 266,405 889,836
55 CURRENT YEAR BALANCE - WASTEWATER 588,068 55,358 643,426
56 TOTAL BUDGET CURRENT YEAR BALANCES $ 3,364,639 $ 321,763 $ 3,686,402
57 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451
Page 40
3 of 3 FIRST READING
58 City of Dover
59 Electric Improvement & Extension Fund
60 Proposed Budget Amendment - Fiscal Year 2011
2010/11
2010/11 BUDGET REVISED
61 BUDGET ADJUSTMENTS BUDGET
62 BEGINNING BALANCE & REVENUES:
63 PRIOR YEAR BALANCE $ 1,688,861 $ 1,688,307 $ 3,377,168
64 PRIOR YEAR BALANCE BOND - 415,585 415,585
65 INTEREST EARNINGS 40,700 - 40,700
66 STATE REIMBURSEMENT FOR GOVS AVE - 254,757 254,757
67 FEDERAL GRANTS (DOE) - 135,152 135,152
68 TRANSFER FROM ELECTRIC 3,500,000 - 3,500,000
69 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362
70 DEPARTMENT EXPENSES:
71 ELECTRIC GENERATION $ 1,480,068 $ 471,672 $ 1,951,740
72 TRANSMISSION AND DISTRIBUTION 739,000 - 739,000
73 ELECTRICAL ENGINEERING 1,390,429 379,064 1,769,493
74 TRANSFER TO DEPRECIATION RESERVE - 1,000,000 1,000,000
75 TOTAL EXPENSES $ 3,609,497 $ 1,850,736 $ 5,460,233
76 CURRENT YEAR BALANCE 1,620,064 643,065 2,263,129
77 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362
Page 41
City of Dover
Capital Investment Plan
Project Tracking Report
June 30, 2010
Points to Remember -
* Original Project Budget = Original Total Project Budget initially included in approved annual budget.
* Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following:
bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per
the Budget Amendment Procedure.
* Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent
budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010.
Can also be amended with City Manager approval per the Budget Amendment Procedure.
* Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once
individual projects are identified and estimated they are created using an allocation of the overall budgeted amount.
Examples are Water Quality - Pear Street; New Developments - Kent County Lighting; Distribution Upgrades - Crossgates;
* The FY10 Budget for Community Transportation & Streets $350,000 is expected to change based on the State of the City Review.
* Status and Comments provided by City Manager.
* For Finance purposes projects are considered completed when placed in service and all charges have been processed.
Community Water & Total
Current Year Budget Funding Sources General Transportation Wastewater Electric CIP
Beginning Budget Balance $ 411,687 $ 172,690 $ 1,162,299 $ 50,591 $ 1,797,267
Federal &/or State Grants 780,290 1,000,000 45,248 240,875 2,066,413
Revolving Fund Loans - - 8,346,498 - 8,346,498
Bond Proceeds - - - 4,240,034 4,240,034
Impact Fees - - 518,230 - 518,230
State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318
Income from Sale of Assets 29,200 - - - 29,200
Parkland Reserve 40,000 - - - 40,000
Library Reserve & Contributions 780,290 - - 780,290
Transfer from Operating Funds 44,802 - 700,000 2,500,000 3,244,802
Interest Earned 2,700 - - 27,599 30,299
Project Carry Forward Balances 51,006 - 1,094,697 2,575,170 3,720,873
Total Funding Sources (Unaudited) $ 2,139,975 $ 1,172,690 $ 11,866,972 $ 10,344,587 $ 25,524,224
Page 1 of 5
Page 42
City of Dover
General Fund - Major CIP Projects
June, 2010
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project Current Revised Fiscal
Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget
Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments
FY2008
M Park Improvement Program $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% Complete Basketball court repaved.
Totals - FY08 $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0%
FY2009
M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,340,706 $ 23,339,228 5.4% $ 8,912,433 $ 1,560,580 $ 603,640 6.8% Started Finished Design Development.
Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,340,706 $ 23,339,228 5.4% $ 8,912,433 $ 1,560,580 $ 603,640 6.8%
FY2010
Vehicles & Equipment $ 372,910 $ 393,916 $ 268,476 $ 125,440 68.2% $ 372,910 $ 393,916 $ 268,476 72.0% Complete Includes DFD payment & Police grants.
Contractor complete, will do some in-house
Concrete Program 50,000 50,000 50,467 (467) 100.9% 50,000 50,000 50,467 100.9% Complete repairs.
Pitts Center Addition 50,000 40,000 3,128 36,872 7.8% - 40,000 3,128 0.0% Complete Minor clean up items left.
Transfer to CT Fund 300,000 - - - 0.0% 300,000 - - 0.0% N/A Removed.
Totals - FY10 $ 772,910 $ 483,916 $ 322,072 $ 161,844 66.6% $ 722,910 $ 483,916 $ 322,072 44.6%
Grand Totals $ 19,002,910 $ 25,193,850 $ 1,691,512 $ 23,502,338 6.7% $ 9,635,343 $ 2,074,496 $ 954,446 9.9%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year.
G = Grant funded project
Page 2 of 5
Page 43
City of Dover
Community Transportation & General Fund Street Funds - Major CIP Projects
June, 2010
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project Current Revised Fiscal
Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget
Type Description Budget Budget Expenses Balance Spent Budget Budget (1) Expenses Spent Status Comments
FY 2002
Work on hold, pending Collegiate
North Street Sidewalk $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% Not started decision.
Totals $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0%
FY 2005
Dover Little League Parking Lot Awaiting DELDOT/staff decision on re-
Phase II $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% Done appropriation of available funds.
Totals $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% -
FY 2006
M Lincoln Park Center $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ 147,275 $ 104,532 71.0% Started Ongoing.
Totals $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ 147,275 $ 104,532 0.0% - -
FY 2007
10% received from State, not part of
street program. Separate contract due to
E. Water Street Brick Sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% Not started nature of work.
Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0%
FY 2009
Spruance Road - White Oak to
Maple Parkway $ 141,000 $ 141,000 $ 101,464 $ 39,536 72.0% $ - $ 101,465 $ 101,464 100.0% Started Complete.
Spruance Road - Maple
Parkway to East Division 125,400 125,400 120,309 5,091 95.9% - 120,309 120,309 100.0% Started Complete.
Various FY09 Streets 225,000 225,000 185,000 40,000 82.2% - 85,000 45,000 52.9% Started Independence & Greenway started.
Schutte Park 21,950 21,950 - 21,950 0.0% - 21,950 - 0.0% Not Started Scheduled FY 2011.
Woodsedge Road 75,000 75,000 113,234 (38,234) 151.0% - 113,234 113,234 100.0% Not Started Complete.
Various Streets 206,287 206,287 - 206,287 0.0% - 206,287 - 0.0% Not Started
Westover Landscaping 2,500 2,500 1,451 1,049 58.0% - 2,500 1,451 58.0% Work is done
Totals $ 797,137 $ 797,137 $ 521,458 $ 275,679 65.4% $ - $ 650,745 $ 381,458 58.6%
FY 2010
Street & Alley Program $ 350,000 $ 172,690 $ 30,895 $ 141,795 17.9% $ 350,000 $ 172,690 $ 30,895 17.9% Not Started Original Budget should be $300,000.
Budgeted CT Agreements FY10 1,000,000 44,990 - 44,990 0.0% 1,000,000 44,990 - 0.0% Not Started No fiscal 2010 agreements started.
Totals $ 1,350,000 $ 217,680 $ 30,895 $ 186,785 14.2% $ 1,350,000 $ 217,680 $ 30,895 14.2%
Grand Totals $ 2,707,459 $ 1,575,139 $ 912,942 $ 662,197 58.0% $ 1,350,000 $ 1,172,690 $ 516,885 44.1%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year.
Page 3 of 5
Page 44
City of Dover
Water/Wastewater Improvement & Extension Fund - Major CIP Projects
June, 2010
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project % Approved Revised Fiscal %
Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget
Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments
FY 2008
Water lines done. Doing service lines and
South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ 200,000 $ 2,664 1.3% Started hydrants.
M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 6,623 2,583,377 0.3% 200,000 196,255 2,878 1.5% Started Selecting Tank Model & Site; FY11 = Constr.
M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 185,455 22,930 12.4% Started DNREC reviewing permits; FY11 = Constr.
M South Governors Ave. Sewer Main 300,000 291,000 11,756 279,244 4.0% - 281,088 1,844 0.7% Started Lines in. Doing punch list items.
M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 868,162 2,541,479 25.5% 3,201,480 3,075,981 660,001 21.5% Started Moved on to Lowes and DSU sections .
M Lafferty Lane Package P/S Replacement 230,000 374,369 418,833 (44,464) 111.9% - - 26,269 0.0% Completed In service. O/S Encumbrance $26,269.
Totals - FY08 $ 7,702,200 $ 7,530,010 $ 1,360,513 $ 6,169,497 18.1% $ 3,401,480 $ 3,938,779 $ 716,586 18.2%
FY2009
Washington Street $ 492,800 $ 310,100 $ 310,063 $ 37 100.0% $ - $ - $ - 0.0% Completed
Pear Street 759,100 653,804 525,598 128,206 80.4% - 331,900 203,694 61.4% Completed
South Street 120,800 79,800 37,469 42,331 47.0% - - - 0.0% Completed
Contact Chambers - residual analyzers 100,000 113,800 95,484 18,316 83.9% - - - 0.0% Completed
M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% 533,510 584,420 - 0.0% Started Material ordered.
M/SL East side N. State Street 868,707 876,703 29,003 847,700 3.3% 846,807 847,700 - 0.0% Started Construction started.
M/SL Route 13 Water Main 1,058,700 1,091,797 123,996 967,801 11.4% 1,023,700 1,024,400 56,599 5.5% Started With DelDOT for approval.
R Water Quality Improvements FY09 $ 3,991,017 $ 3,716,914 $ 1,128,103 $ 2,588,811 30.4% $ 2,404,017 $ 2,788,420 $ 260,293 66.9% Started
M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 145,715 $ 240,685 37.7% $ 336,400 $ 360,473 $ 119,788 33.2% Started Station installed. September completion.
M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 218,438 (79,193) 156.9% 107,200 107,200 186,393 173.9% Completed Done. Overage covered by US 13 Interceptor;
M/SL Acorn Lane Pump Station Replace. 386,400 386,400 175,511 210,889 45.4% 336,400 359,823 148,934 41.4% Completed Done.
Totals - FY09 $ 4,896,917 $ 4,628,959 $ 1,667,766 $ 2,961,193 36.0% $ 3,184,017 $ 3,615,916 $ 715,407 19.8%
FY2010
Vehicles & Equipment $ 55,600 $ 66,310 $ 62,730 $ 3,580 94.6% $ 55,600 $ 66,310 $ 62,730 94.6% Completed Vehicles and equipment in service.
Water Quality - McKee Run Plant 100,000 100,000 95,613 4,387 95.6% 100,000 100,000 95,613 95.6% Completed Completed.
M Water Quality - Walker Road 100,000 100,000 23,750 76,250 0.0% 100,000 100,000 23,750 23.8% Completed In house design-survey only; Completed
R Wellhead Redevelopment Program 55,000 70,250 70,238 12 100.0% 55,000 70,250 70,238 100.0% Completed Done.
R Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% 55,000 55,000 23,104 42.0% Completed Radio in, need to alter location of project.
R Misc. Distribution System Replacements 65,000 49,750 21,188 28,562 42.6% 65,000 49,750 21,188 42.6% Completed Ongoing, as needed.
M/SL Inflow/Infiltration Removal 1,800,000 1,800,000 1,221 1,798,779 0.0% 1,800,000 1,800,000 1,221 0.1% Started Going to Council for approval.
R Scada Technology Equip Upgrade 79,300 79,300 64,149 15,151 80.9% 79,300 79,300 64,149 80.9% Started Done.
M Del. State Univ. Force Main Rerouting 137,700 26,800 - 26,800 0.0% 26,800 26,800 - 0.0% Started Design done, construct w RT 13 Intercept Pro.
M Fox Hall Pump Station 427,900 52,000 1,856 50,144 3.6% 52,000 52,000 1,856 3.6% Started In design.
M Heatherfield Pumping Station Upgrade 220,400 40,000 1,284 38,716 3.2% 40,000 40,000 1,284 3.2% Completed Design done.
I Tar Ditch Interceptor Upgrade 518,230 518,230 1,449 516,781 0.3% 518,230 518,230 1,449 0.3% Started In design.
R Misc. Sewer System Improvements 33,000 22,290 1,449 20,841 6.5% 33,000 22,290 7,969 35.7% Started Ongoing, as needed.
Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved. Ordering will begin.
Totals - FY10 $ 3,692,378 $ 3,025,178 $ 368,030 $ 2,657,148 12.2% $ 2,979,930 $ 3,025,178 $ 374,550 12.4%
Grand Totals $ 16,291,495 $ 15,184,147 $ 3,396,309 $ 11,787,838 22.4% $ 9,565,427 $ 10,579,873 $ 1,806,543 17.1%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year.
SL = State Loan Project - construction phase is financed
I = Impact Fee Financed Project
Page 4 of 5
Page 45
City of Dover
Electric Improvement & Extension Fund - Major CIP Projects
June, 2010
TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project % Current Revised Fiscal %
Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget
Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments
FY 2006
M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,757,520 $ (63,738) 100.7% $ - $ 597,859 $ 601,597 100.6% Completed In service.
Taking down old poles,
M/S Governor's Avenue Rebuild 1,268,450 2,068,260 520,460 1,547,800 25.2% - 1,629,658 81,858 5.0% Started installing lights.
Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,277,980 $ 1,484,062 86.2% $ - $ 2,227,517 $ 683,455 30.7%
FY 2008
Unit 3 Turb Bearing Fire Protect
In design.
Deluge $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ 50,000 $ - 0.0% Started
M/B Horsepond Road Substation 1,020,000 1,029,397 1,029,397 0 100.0% - - - 0.0% Completed In service.
McKee Run Unit 3 Pollution
M/B Construction in April.
Remediation & Fuel Testing 3,000,000 2,914,910 2,824,065 90,845 96.9% - 200,580 209,735 104.6% Completed
M/B St. Jones Substation 5,376,068 5,955,878 5,953,280 2,598 100.0% - 79,692 77,094 96.7% Completed In service.
Totals - FY08 $ 9,446,068 $ 9,950,185 $ 9,806,743 $ 143,442 98.6% $ - $ 330,272 $ 286,829 86.8%
FY2009
Danner Farm Transformer $ 45,000 $ 45,000 $ 36,923 $ 8,077 82.1% $ - $ 21,417 $ 13,340 62.3% Completed Done.
Distribution Upgrades - Schoolview 100,000 175,000 174,335 665 99.6% - 16,398 15,733 95.9% Completed Done.
McKee & VanSant Arc Flash 125,000 125,000 67,196 57,804 53.8% 75,000 75,000 26,196 34.9% Started September completion.
Totals - FY09 $ 270,000 $ 345,000 $ 278,454 $ 66,546 235.4% $ 75,000 $ 112,815 $ 55,269 73.7%
FY2010
Vehicles & Equipment $ 347,042 $ 452,765 $ 387,702 $ 65,063 85.6% $ 347,042 $ 452,765 $ 387,702 85.6% Completed Truck and Equipment in service.
B Vansant CT Mark IV Control (Replmnt) 700,000 610,000 286,637 323,363 47.0% 700,000 535,000 286,637 53.6% Completed In service.
B McKee Run Entrance Road 240,000 240,000 478 239,522 0.2% 240,000 240,000 478 0.2% Completed In service.
R Misc. Upgrades 51,000 51,000 25,390 25,610 49.8% 51,000 51,000 25,390 49.8% Started Ongoing, as needed.
McKee Run Smoke/Heat Detection 55,000 55,000 21,200 33,800 38.5% 55,000 55,000 21,200 38.5% Completed Completed.
Work Mgmt. System R l eplacement 85,000 85,000 16,718 68,282 19.7% 85,000 85,000 16,718 19.7% Completed Done.
Unit 3 Remove Cyclone Separators 51,000 80,000 51,265 28,735 64.1% 51,000 80,000 51,265 64.1% Completed Removed.
Unit 2 Remove Cyclone Separators 36,000 20,000 13,996 6,004 70.0% 36,000 20,000 13,996 70.0% Completed Removed.
Unit 1 Remove Cyclone Separators 36,000 20,000 9,534 10,466 47.7% 36,000 20,000 9,534 47.7% Completed Removed.
10 KW Photovoltaic @ McKee 65,065 65,065 - 65,065 0.0% - 65,065 - 0.0% Completed In service.
S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - 70,087 - 0.0% Started Material ordered.
R UG Transformers 156,570 156,570 90,340 66,230 57.7% 156,570 156,570 90,340 57.7% Completed Done.
R UG Conductors 457,780 438,780 430,000 8,780 98.0% 457,780 438,780 430,000 98.0% Completed Done.
R Kent County Lighting Project 216,950 216,950 40,777 176,173 18.8% 216,950 216,950 40,777 18.8% Completed Done.
R Single & 3 Phase Meters 50,000 50,000 27,236 22,764 54.5% 50,000 50,000 27,236 54.5% Completed Completed.
Total New Developments 881,300 862,300 588,353 273,947 68.2% 881,300 862,300 588,353 68.2%
R Lighting Improvements & Rehab 50,000 69,000 46,357 22,643 67.2% 50,000 69,000 46,357 67.2% Completed Done - Governors Ave done.
R Replacement of 69KV Breakers 183,000 183,000 163,552 19,448 89.4% 183,000 183,000 163,552 89.4% Completed Done.
R Replace SS Equipment (as required) 40,000 47,425 47,425 - 100.0% 40,000 47,425 47,425 100.0% Completed Done.
R Distribution Capacitors 120,000 120,000 23,393 96,607 19.5% 120,000 120,000 23,393 19.5% Dropped Dropped, no longer needed.
M/B Mid City Substation 1,488,461 993,711 974,732 18,979 98.1% 1,593,461 968,711 974,732 100.6% Completed In service.
R PT & CT Replacement 260,880 260,880 176,104 84,776 67.5% 260,880 260,880 176,104 67.5% Completed Material only this year.
R Transmission & Switches 23,000 15,575 10,332 5,243 66.3% 23,000 15,575 10,332 66.3% Completed Done.
R Upgrade Trans., Distr. Lines 351,096 351,096 440,854 (89,758) 125.6% 351,096 351,096 440,854 125.6% Completed Done.
B Crossgates 396,904 543,075 522,951 20,124 96.3% 396,904 543,075 522,951 96.3% Completed Done.
B Buchanan Acres 406,000 865,144 1,078,465 (213,321) 124.7% 406,000 965,144 1,078,465 111.7% Completed Done.
Total Distribution Upgrades 1,154,000 1,759,315 2,042,270 (282,955) 116.1% 1,154,000 1,859,315 2,042,270 109.8% Completed Done.
Totals - FY10 $ 6,768,135 $ 6,060,123 $ 5,446,556 $ 1,425,867 89.9% $ 5,906,683 $ 6,060,123 $ 4,885,439 80.6%
Grand Totals $ 28,812,653 $ 27,117,350 $ 24,809,733 $ 3,119,917 91.5% $ 5,981,683 $ 8,730,727 $ 5,910,993 67.7%
Legend
M = Multi-year project - a project with a specific schedule to occur over multiple years.
R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year.
B = Bonded Project
S = State fully or partially reimbursed project
Page 5 of 5
Page 46
ACTION FORM
PROCEEDING: City Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Public Utilities – Electric Eng. DATE SUBMITTED: 9-13-2010
PREPARED BY: Ronald H. Lunt, Public Utilities Director
SUBJECT: Evaluation of Bids – Substation Potential Transformers (PT) and Current Transformers (CT)
Replacement
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller
EXHIBITS: N/A
EXPENDITURE REQUIRED: $145,888.29 AMOUNT BUDGETED: $256,218
FUNDING SOURCE (Substation PT & CT Replacement): Page 119 in Public Utilities – Electric
Engineering, Substation PT & CT Replacement Project, Account 487-8300-563-70-27, Project # EE1006.
TIMETABLE: Contract to be awarded upon Council approval.
RECOMMENDED ACTION: Staff recommends awarding the proposals to HD Supply for the total amount
of $145,888.29 as outlined in the table below.
BACKGROUND AND ANALYSIS
This project will be replacing aging metering/system protection equipment in the older substations. The
equipment to be replaced includes the Potential Transformers (PT’s) which measures the line voltage and
reduces it to a voltage level the relays can interpret and the Current Transformers (CT’s) which reduces the
current to a level that can safely be measured by the relays and meters; all of which provide electric system
protection. Additionally, the lightning arrestors will be replaced which protects the equipment during
lightning strikes. All of the existing components have exceeded their useful life and are subject to failure,
which could be catastrophic.
A Request for proposals (RFP 10‐0027DPU) was sent out last fiscal year and provided for a three year pricing
matrix. The proposals were advertised according to the Purchasing Policy by the City’s Purchasing Agent. We
received proposals from three vendors; one vendor included five different options and manufactures to
choose from. Since this was a Request for Proposal staff evaluated the seven submissions based on the price,
reputation of the product, compliance with specifications and delivery. A point system analysis was
performed by three staff members from the Engineering Division to adequately and impartially evaluate the
proposals; with the goal of providing the best product and to serve the interest of the City of Dover. We are
using the same analysis and bid prices as per the previous bid.
It should be noted that not all recommended purchases are to the low bidder as the bid award is based on the
evaluations. The following is a summary of the staff recommendation:
Vendor Unit $ Quantity Total $ Eval. Score
69 KV PT HD Supply/Ritz $4,684.21 24 $112,421.05 117
15 KV PT HD Supply/GE $636.00 20 $12,720.00 112
54 KV Lightning Arrestor HD Supply/Siemens $573.68 30 $17,210.40 103
9 KV lightning Arrestor HD Supply/Siemens $168.42 21 $3,536.84 110
Total Bid Award Value $145,888.29
Page 47
ACTION FORM
PROCEEDING: City Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Public Utilities - Electric DATE SUBMITTED: 9/13/2010
PREPARED BY: Ronald Lunt – Public Utilities Director
SUBJECT: Evaluation of Bids - Master Electrician Contract
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager and Controller
EXHIBITS: N/A
EXPENDITURE REQUIRED: Not to exceed budget for any account AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): Contractual Services operation accounts: 412-
7600-576.30-31; 412-6900-569.30-31; 480-8300-563.30-31; 480-8200-562-30-31 or applicable CIP
project.
TIMETABLE: Contract will be executed following Council approval.
RECOMMENDED ACTION: Award a primary contract to HCS Electric & Tech Inc., of Smyrna,
Delaware and a backup contract to DeVary Electric Inc., for three (3) year with the City’s option to
annually extend the contracts for two one (1) year extensions for a total of five (5) years.
BACKGROUND AND ANALYSIS
The Public Utilities Department maintains blanket contracts with potential contractors to ensure that
the bidding rules are adhered to for contractors that are hired to perform work for the Utility
Department. These contracts are priced as a “time, equipment, and material” contract and may
exceed $25,000 annually. This proposal is for emergency and scheduled electrician work for the
electric, water, and wastewater divisions. Additionally other City Departments may utilize this
contractor when required. The Public Utilities often have projects that involve customer owned
equipment (such as the overhead to underground conversion projects) which require an electrical
inspection and this application requires the employment of a licensed Master Electrician. The city
does not employ an electrician with this type of license.
The proposal package was advertised by the City’s Contract and Procurement Manager under
Proposal #11-0002 DPU and we received eight responses to the request. The proposals were
evaluated on hourly rates and a standard fee for a simple service conversion from overhead to
underground. Staff is recommending the authorization of two potential contracts to help ensure
contractor availability should an emergency repair be required or a scheduling conflict from the
primary contractor that would delay required work.
Vendor Service Change Hourly Rate
AAH Electrical Services $77 $650
DeVary Electric Inc $45 $265
HCS Electric & Tech, Inc. $40 $239
Satterfield & Ryan, Inc. $58 $474
AES Electrical Services, Inc. $95 $2475
Mid Atlantic Electrical Services, Inc. $58 $325
MJ Electrical Services, Inc No Bid $600
Lil Daddy’s Electrical Specialist $65 $1300
Page 48
ACTION FORM
PROCEEDING: Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Public Utilities –Electric Engineering DATE SUBMITTED: 09-13-10
PREPARED BY: Ron Lunt, Public Utilities Director
SUBJECT: Evaluation of Bids - Electric System Modeling Software
REFERENCE:
RELATED PROJECT: Transmission Relay and Coordination
APPROVALS: City Manager, Controller
EXHIBITS: Quote and Sole Vendor Information from Operations Technology, Inc.
EXPENDITURE REQUIRED: $56,252 AMOUNT BUDGETED: $500,000
FUNDING SOURCE (Dept./Page in CIP & Budget):
Public Utilities Electric Engineering Operation, Contract Services page 269. 480-8300-563-30-31
TIME TABLE: Order will be placed following Council approval.
RECOMMENDED ACTION: Staff recommends purchasing (2) two ETAP licenses and training from the sole
vendor, Operations Technology, Inc., for a total amount of $56,252.
BACKGROUND AND ANALYSIS
Currently the utility is required to contract with a consulting electrical engineering firm to determine the relay
settings in the substations. Since the utilities now have an engineer on staff, it has been determined that it
would be financially feasible to purchase the software to perform most of this work in-house. Staff determined
that it would also be financially feasible to use the software that our consulting engineer, Pike Electric, Inc., has
been using since the laborious task of entering all of our transmission line details has already been completed
by this engineering firm. The electric modeling system software (ETAP) is the package that was used to model
the City of Dover’s 69kV transmission system. Additionally, the city is requiring the successful candidate, for
the upcoming Transmission Relay and Coordination project, to use ETAP to examine/evaluate the relay
settings, coordination, and other aspects of the existing protection scheme.
The purpose of the electric system modeling software is to enable city staff to build a distribution model to add
to the “corrected” transmission model, which will result from the Transmission Relay and Coordination project.
This modeling software will allow City staff to conduct system studies and modify/install the correct relay
settings in the substations and modify/install the correct fuse size in the distribution protection/isolation system
to ensure maximum customer reliability.
This is a sole source contract as the manufacturer does not sell this product through distribution channels, it is
only sold factory direct.
Page 50
August 12, 2010
Jeremy Johnson
City of Dover
860 Buttner Place
Dover, DE 19904
United States
Subject: ETAP
Dear Jeremy Johnson:
In response to your recent request, Operation Technology, Inc. is pleased to offer City of Dover, the
following GSA proposal on the purchase of ETAP, for the Dover DE, United States location:
New ETAP License, 1 Stand Alone, 5000 Bus Commercial
Base Package with Equipment Evaluation, Cable Sizing & Ampacity
Short-Circuit ANSI / IEC
Arc Flash - IEEE 1584 / NFPA70E (Requires Short Circuit)
Load Flow/ Voltage Drop (Non Contacted part)
Load Analyzer
Protective Device Coordination & Sequence of Operation
Transformer Sizing & Tap Optimization
Optimal Power Flow
Transmission Line Ampacity and Sag & Tension
GIS Map
Import MS Excel & Access
One Year of Free Upgrades & User-Support
1st Copy $26,658
Additional Copy $26,658
Multi Copy Discount <6,664>
2nd Copy Price $19,994
Cost of 5 Day Training for 2 Persons Including Airfare and Lodging $9,600
Training Date: January 24-28, 2011
Grand Total $56,252
The above proposal is valid through: October 1, 2010. All prices are in US currency and exclude taxes,
duties, surcharges, and any other government-specified amounts.
Page 51
Jeremy Johnson
August 12, 2010
Page 2
OTI remains dedicated to providing its customers with innovative high value solutions and outstanding
customer service. Please feel free to contact me at 949-900-1045. I can also be reached via e-mail at
aaron@etap.com.
Sincerely,
Operation Technology, Inc.
Aaron Ozelli
Sales Manager
Attachments
OTI/ma/tms
CC:\Proposal-2 New SA-081110.docx
Page 52
Jeremy Johnson
August 12, 2010
Page 3
Terms of the Proposal
These programs are available in ETAP 7.5, which runs in the Microsoft Windows XP / 2003 / Vista / 7 operating
systems.
The above price includes the first year software support and engineering support. In addition to the user support,
one full year of program upgrades is included in the Upgrade and User-Support Contract (UUC). You will receive
all upgrades that are released for your ETAP system during your UUC period - at no additional charge. Follow-up
user support and program upgrades for the Single License will be provided at 12% of the prevailing integrated
price annually.
Attached please find our ETAP License Grant and Agreement. Upon receipt of a purchase order and two signed
copies of the license, OTI will ship your package within three to five business days. On the license, you need only
fill-in the upper "Licensee" portion. We can ship based on a fax or scanned copy, but ask that you follow up with
two copies containing original signatures in the mail. OTI will complete the lower portion, countersign where
appropriate, and return one copy for your files.
The purchase of Data Exchange Interface (GIS) may require custom mapping of your existing ESRI GIS data
model with ETAP. The interface provides one-way data synchronization from GIS to ETAP. It includes
add/modify/delete commands, enabling project components to automatically update in ETAP when changes are
made in GIS. Custom mapping may be provided by our engineering services group at our standard hourly rate.
ArcGIS and other ESRI software are not included in this proposal.
Specific modules such as those within Data Exchange and Real-Time Systems require engineering work to
implement; please contact OTI to discuss the variety of services and options available.
Note that the purchase of Arc Flash requires the purchase of Short-Circuit.
This proposal is a matter to be kept confidential between Operation Technology, Inc. and City of Dover.
Page 53
ACTION FORM
PROCEEDING: City Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Public Utilities – Electric Engineering DATE SUBMITTED: 9-10-10
PREPARED BY: Steve Enss
SUBJECT: Evaluation of Bids - Replacement of 69 kV Breaker
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller
EXHIBITS: N/A
EXPENDITURE REQUIRED: $37,500 AMOUNT BUDGETED: $100,000
FUNDING SOURCE (Dept/Page in CIP & Budget): Public Utilities – Electric Engineering: CIP page 121,
487-8300-563-50-82, Project # EE1102
TIMETABLE: Materials to be purchased upon Council approval.
RECOMMENDED ACTION: Staff recommends purchasing one (1) Siemens 69 kV breaker for $37,500
from Siemens Energy, Inc. C/O National Transformer Sales.
BACKGROUND AND ANALYSIS
The Electric Engineering Division began a transmission breaker replacement program in FY 06 whereby all the
obsolete breakers are replaced with new breakers. This was a multi-year project scheduled to end in FY 11. This
is the last breaker of the project.
Bids were solicited and advertised according to City policy by the Contract and Procurement Manager under
Bid #11-0008DPU. We received only one bid for this; however, we feel that the bid price was fair and
reasonable and other bidders had a reasonable opportunity to respond. The bid price for this breaker was less
than the previous bid award in 2009. Staff’s recommendation is to award the bid to the low bidder Siemens
Energy, Inc. C/O National Transformer Sales for the unit cost of $37,500.
A portion of the remaining funds from this account will be used for engineering and installation labor to
complete the breaker change out program.
Page 54
Title V Policy Prevention Board
for the
City of Dover
Rev. Richard M. Avant Kay Dietz-Sass
9 Water Wheel Circle Murphey School Board Member
Dover, DE 19901 City of Dover
(302) 697-3190 P.O. Box 475
Dover, DE 19903-0475
Latisha Bracey, Project Director (302) 736-7005
Senator Theodore Kauffman
P.O. 2005 Police Chief James Hosfelt
Wilmington, DE 19899 City of Dover
(302) 981-4921 400 S. Queen Street
Dover, DE 19904
Mr. Michael Brown, Edu. Paraprofessional (302) 736-7100
Capitol School District
321 Hayley Way Dr. William Johnston, President
Smyrna, DE 19977 Wesley College
(302) 465-8306 120 North State Street
Dover, De 19904
Mayor Carlton Carey (302) 736-2300
City of Dover
P.O. Box 475 Dr. Bobbie Jones, Educator
Dover, DE 19903-0475 235 Pebble Valley Drive
(302) 736-7004 Dover, De 19904
(302) 734-1981
Ms. Thoria Custis, Youth Rep/Student
Delaware State College Jeremiah Jones, Youth Rep/Student
801 W. Division St. 937 Simon Circle
Dover, DE 19904 Dover, DE 19904
(828) 707-2529 (302) 535-9070
Mrs. Audrey Daniels Rev. Ellis B. Louden
238 Mifflin Road Mt. Zion AME
Dover, DE 19904 101 North Queen Street
(302) 674-2516 Dover, DE 19904
(302) 678-9478
Page 55
Title V Policy Prevention Board
for the
City of Dover
Page 2
Mr. Rufus Mincey, MBA Delaware State University Representative
Dover Housing Authority 1200 N. DuPont Highway
128 Pine Street Dover, DE 19901
Dover, DE 19901 (302) 672-1561
(302) 535-9120
Kent County Judiciary Representative
Dr. Wilma Mishoe, Dean of Students
Del Technical Community College STAFF:
353 Rita-Wilma Rd.
Dover, DE 19904 Ms. Miesha Daniels, BSW Intern
(302) 465-8889 447 Country Dr. Apt. C
Dover, DE 19901
Ms. LaTonya Pierce, Asst. Principal (302) 241-1124
Caesar Rodney School District
201 Orchard Ave. Mr. Mark Harmon, Concerned Parent
Dover, DE 19901 219 Cecil Street
(302) 538-3408 Dover, DE 19904
(302) 632-1605
Mr. Roy Sudler, Jr., Businessman
320 Raymond Street Ms. Ada Morris, MSW Intern
Dover, DE 19904 479 Andrews Lake Rd.
(302) 736-9880 Felton, DE 19943
(302) 242-8688
Representative from
Division of Family Services Beverly C. Willliams
821 Silver Lake Blvd. Dover City Council Member
Dover, De 19904 Nationally Certified Counselor
(302) 739-4800 20 Gleneagles Court
Dover, DE 19904
Ms. Jemine Wayman, CMM (Midwife) (302) 270-3570
87 Lynnhaven Drive
Dover, DE 19904
(302) 241-7908
Page 56
FIRST READING
CITY OF DOVER
PROPOSED ORDINANCE #2010-25
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by adding the
5 text shown in blue bold italics font and deleting the text shown in red bold strikethrough, as
6 follows:
7
8 Section 11. Environmental protection.
9
10 11.1 Purpose. The purpose of this section is to protect public health and safety by
11 ensuring that environmental standards for water, air, and soil in the City of Dover
12 adequately address current practices in the realm of environmental protection.
13 Further, it is the intent of this section to protect environmentally sensitive land as well
14 as the plants and animals that reside on that land.
15
16 11.1 11.2 Environmentally sensitive areas and scarce resources. All land areas which
17 contain one of the following natural features or combination of these features shall be
18 considered to be an environmentally sensitive area or an area of scarce resources subject
19 to specific requirements for environmental protection and conservation: flood hazard
20 areas, steep slopes, water bodies and wetlands, wet soils, woodlands, significant wildlife
21 habitats, prime agricultural soils and designated scenic areas.
22
23 11.11 11.21 Flood hazard areas. All flood hazard areas shall remain as
24 permanent natural open space, except for the construction of roads for which
25 design approval is obtained from the Delaware Department of Natural
26 Resources and Environmental Control and the Delaware Department of
27 Transportation authorized by the City of Dover and/or the Delaware
28 Department of Transportation.
29
30 a) For the purposes of this section, Natural Open Space is defined as an
31 area of land that excludes buildings, structures, and impervious
32 surface from being constructed on or located within the area. For
33 evaluating Flood Hazard Areas, patios, cement slabs, sidewalks, and
34 other similar constructs are considered to be structures and are
35 similarly prohibited.
36
37 11.211 Redevelopment. Existing uses or buildings located within a flood
38 hazard area are considered to be non-conforming structures and are
39 subject to the following requirements.
40
41 a) Non-residential uses existing in a flood hazard area seeking to
42 redevelop a property under the requirements of Article 10 are
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43 required to reduce impervious surfaces for the property by 15%
44 from the pre-redevelopment conditions.
45
46 b) For projects where less than 33% of the total land area involved
47 is located within a flood hazard area, the planning commission
48 may waive or reduce the amount of required reduction in
49 impervious surfaces. For projects being reviewed under
50 administrative site plan review, the city planner may waive or
51 reduce the amount of required reduction in impervious cover for
52 projects where less than 33% of the total land area involved is
53 located within a flood hazard area.
54
55 c) New residential building construction or additions of impervious
56 surface are not permitted in pervious areas of the flood hazard
57 area.
58
59 11.12Slopes. In areas of steep slopes above eight percent, no more than 40
60 percent of the land shall be developed and/or regraded or stripped of
61 vegetation.
62
63 11.13 11.12 Water bodies and wetlands. Lakes, ponds, rivers, and streams
64 Water bodies and wetlands shall be left as permanent open space. No
65 development, filling, piping or diverting shall be permitted, except for required
66 roads, to be approved by the Delaware Department of Transportation United
67 States Army Corps of Engineers and/or the Delaware Department of Natural
68 Resources and Environmental Control. No structures, except stairs and ramps,
69 fences, open decks, patios or docks with a combined area of 200 square feet
70 or less are permitted to be constructed within 75 feet of the shore line of any
71 permanent fresh water lake over one-fourth acre in size or within 100 feet of
72 the mean high tide line for tidal and wetlands. No structures are permitted
73 within 50 feet of the centerline of permanent or intermittent streams or
74 within 25 feet beyond the limits of the floodplain, whichever is greater.
75 Within these same areas, the clearing or removal of natural ground cover or
76 vegetation, including the cultivation of the soil for agricultural purposes, is
77 prohibited.
78
79 11.121 For the purposes of this section, the following, as depicted on the
80 most recent USGS Topographic Maps, shall be defined as water bodies
81 for the purposes of this Section: Cahoon Branch, Dover Run, Fork
82 Branch, Little River, Maidstone Branch, McKee Run, Morgan Branch,
83 Muddy Branch, Puncheon Run, Silver Lake, St. Jones River,.
84
85 11.122 Setbacks. All buildings, structures, and impervious surfaces shall
86 be set back at least 100 feet from the top of bank from wetland areas
87 greater than 0.25 acres in size and from all water bodies. Patios, cement
88 slabs, sidewalks, and other similar constructs are considered to be
89 impervious surfaces. Within this 100 foot setback, vegetative ground
90 cover is required. This setback may be reduced under the conditions set
91 forth as follows:
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92
93 Figure 11-1
94 (US Dept. of the Interior)
95
96 Aquatics Riparian Upland
97 Buffer
98
99 a) The setback may be reduced to 50 feet from the top of
100 bank provided that a riparian buffer is established in the
101 setback, consisting of native vegetation. (See figure 11-1)
102
103 b) The setback may be reduced to 30 feet from the top of
104 bank provided that a riparian buffer is established in the
105 setback, consisting of native vegetation and provided that
106 bank stabilization is implemented through the planting of
107 native species. (See figure 11-1)
108
109 c) Single family residential uses may reduce the setback
110 requirement to 75 feet of the top of bank.
111
112 d) Removal of buffer plantings without approval. The
113 removal of native vegetation or plantings required for the
114 purposes of riparian buffers for any purpose whatsoever,
115 except the establishment of pathways (not greater than
116 eight feet in width), shall be prohibited unless approved
117 by the planning commission through the site plan,
118 conditional use, or subdivision review process.
119
120 e) Plantings in a riparian buffer that are removed without
121 permission must be replaced with similar plantings within
122 30 days of removal. The City Planner may extend this
123 time frame where and if weather conditions necessitate a
124 delay.
125
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126 f) Exceptions to the setback requirements. Stairs, ramps,
127 open decks, patios, and decks necessary for access to
128 natural features with a combined total of 200 square feet
129 in size are exempt from the setback restrictions. Paved
130 trails and sidewalks of up to 6 feet in width or less are
131 exempt from the setback restrictions as defined in this
132 section.
133
134 11.14 11.13 Wet soils. No construction shall be permitted where the seasonally
135 high water table is within 2 1/2 feet of the surface unless crawl space, piles or slab
136 on grade with provisions to prevent water seepage will be used to prevent water
137 damage to the building. The proposed construction techniques must be approved
138 by the building inspector in accordance with City of Dover Building Code and
139 must meet or exceed the standards of the Federal Housing Administration.
140
141 No basements or cellars shall be permitted to be constructed at a depth greater
142 than two feet above below the seasonal high water table, unless special measures
143 are taken to prevent water damage to the building. Such measures must be
144 approved by the building inspector and must meet or exceed the standards of the
145 Federal Housing Administration.
146
147 11.131 Requirements for development applications. Site development
148 applications appearing before the planning commission must include
149 either a wetland delineation prepared by a licensed/registered soil
150 scientist, wetlands scientist, or professional engineer in accordance with
151 US Army Corps of Engineers standards; or provide a statement from the
152 design professional that no wetlands are present on the site.
153
154 11.132 Requirements for major subdivision applications. Subdivision
155 plans must identify the seasonal high water table on each lot if
156 basements are proposed for those lots. A licensed Class D Soil Scientist
157 is required to determine the seasonal high water table and this
158 information must be displayed on the subdivision plat. This information
159 must also be present in the deed and plot plan for each property.
160 Basements may be prohibited where severe groundwater conditions
161 exist.
162
163 a) A lot specific study may be substituted for the recorded seasonal
164 high water table as per the subdivision plan.
165
166 11.15 11.14 Significant wildlife habitat. Natural features that constitute
167 significant wildlife habitats are considered to be environmentally sensitive
168 features and a scarce resource deserving of protection. The natural features that
169 typically provide significant wildlife habitat include wetlands and marsh areas
170 that provide nesting and breeding grounds for water fowl and support a wide
171 variety of aquatic life; wooded areas in general, but most especially the edges of
172 the wooded areas adjacent to open fields and along stream corridors; freshwater
173 marsh and wetland areas, old fields and hedgerows; and natural areas of grasses
174 and shrubs along the edges of open fields, drainage channels and wetlands.
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175 Applications for subdivision plan and site development plan approval shall
176 include the identification of all areas and features which constitute significant
177 wildlife habitat as part of the documentation of existing site conditions. The
178 protection and preservation of wildlife habitat shall be considered to be an
179 important factor in the approval or disapproval of proposed developments by
180 the planning commission in development review.
181
182 11.16 Prime agricultural land. All land areas consisting of class I soils, as
183 defined by the United States Department of Agriculture Natural Resources
184 Conservation Service publication "Soil Survey, Kent County, Delaware," are
185 hereby classified as prime agricultural lands because of their productive
186 capabilities as cropland. Undeveloped prime agricultural land is considered
187 to be a scarce resource locally and nationally and its conversion to urban
188 land use is strongly discouraged. Applications for subdivision plan or site
189 development plan approval shall include the identification of the presence of
190 an extent of prime agricultural land as part of the documentation of [the]
191 existing site condition. The protection and preservation of the prime
192 agricultural lands on the site to the maximum extent possible shall be
193 considered to be an important factor in the approval or disapproval of
194 proposed developments by the planning commission.
195
196 11.17 11.15 Scenic resources. Scenic resources shall consist of the following:
197 mature woodlands and most especially the edges of wooded areas adjacent to
198 open fields, wetlands or urbanized areas; other areas of mature natural vegetation
199 such as marsh grasses; the historic district and areas listed on the National
200 Register of Historic Places the Victorian district; [and] freestanding historic
201 buildings and sites and other buildings or districts of the city exhibiting particular
202 architectural or visual merit buildings and places of special public or cultural
203 significance, and significant views and view corridors to buildings or places of
204 architectural, visual, public or cultural value and to attractive natural areas.
205 Application for subdivision plan or site development plan approval shall include,
206 as a part of the documentation of existing site conditions, the presence of and
207 location of all scenic resources. The preservation and enhancement of the scenic
208 resources potentially affected by the proposed development shall be considered as
209 an important factor in the approval or disapproval of the proposed
210 development by the planning commission in development review.
211
212 11.151 Silver Lake. All Site Plan, Conditional Use Site Plan, or
213 Subdivision applications for parcels where any boundary of the parcel is
214 abutting Silver Lake is required to go before the Silver Lake
215 Commission prior to appearing before planning commission. The Silver
216 Lake Commission shall provide advisory comments for the planning
217 commission on such applications.
218
219 11.18 11.16 Combinations of environmentally sensitive features and scarce
220 resources. Wherever more than one environmentally sensitive feature or scarce
221 resource is present on a site in combination, special care shall be taken in both the
222 documentation of existing conditions on a site being considered for development
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223 and in the planning commission's review of a specific subdivision plan or site
224 development plan application.
225
226 In general, the use of available development options such as planned residential
227 developments, cluster developments and rural residential cluster developments is
228 strongly encouraged to take advantage of the design and the planning feasibility in
229 new development projects afforded by these options to preserve and protect
230 environmentally sensitive features and the natural processes associated with these
231 features to the maximum extent possible.
232
233 11.2 11.3 Stormwater management. All developments over one acre in size shall be
234 required to limit the rate of stormwater runoff so that no greater rate of runoff is
235 permitted than that of the site in its predevelopment condition. Where farm field or
236 disturbed earth is the predevelopment condition, meadow shall be used as the
237 starting base for such calculations instead of the actual predevelopment condition.
238 The method for such calculations shall be that contained in the United States
239 Department of Agriculture, Natural Resources Conservation "Engineering Field
240 Manual Notice TR-55," as amended. For all developments over five acres in size, a
241 stormwater management plan prepared by a registered engineer or registered
242 landscape architect shall be required as a part of the site development plan
243 submission to the City of Dover, including calculations for increased runoff and the
244 sizing of all pipes and channels and stormwater retention or detention ponds and
245 other stormwater management structures or facilities. All development must be
246 designed, constructed, and maintained in accordance with State of Delaware Sediment
247 and Stormwater regulations. The planning commission may require stormwater
248 management in excess of the minimum regulations in areas with documented drainage
249 problems upon concurrence with the Kent Conservation District, State of Delaware, or
250 the City Engineer.
251
252 11.3 Soil erosion and sedimentation control. All developments shall protect streams,
253 lakes and ponds, marshes and wetlands from sedimentation damage and shall
254 control erosion in accordance with the Delaware State Soil Erosion and
255 Sedimentation Control Act (7 Del. C. § 4001 et seq.), adopted by and administered
256 by the City of Dover. Erosion control measures such as minimizing the area of
257 exposed soil, mulching, building silt catchment basins, and planting temporary
258 ground cover shall be instituted as necessary.
259
260 For all developments over one acre in size, a soil erosion and sedimentation control
261 plan prepared by a registered engineer or registered landscape architect shall be
262 required as part of the site development plan submission to the City of Dover.
263
264 BE IT FURTHER ORDAINED THAT: Appendix B – Zoning, Article 12 – Definitions, be
265 amended by adding the definitions in blue bold italics font in the proper alphabetical order of this
266 article, as follows:
267
268 Vegetative Ground Cover: Grass and a combination of shrubs and/or trees planted or
269 naturally occurring that occupies a portion of a property for the purpose of maintaining or
270 improving water quality or natural conditions of the land.
271
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Page 62
272 Wetlands: Lands that are inundated or saturated by surface or ground water at a frequency
273 and duration sufficient to support, and that under normal circumstances do support, a
274 prevalence of vegetation typically adapted for life in saturated soils conditions.
275
276 SYNOPSIS
277 The proposed ordinance updates the provisions of the Zoning Ordinance
278 relating to environmental protections by:
279 Clarifying that paving is prohibited within flood hazard areas (100-year flood
280 plain).
281 Setting forth standards for redevelopment within flood hazard areas.
282 Removing the 25-foot setback requirement from flood hazard areas.
283 Creating a variable buffer requirement from waterways, with variation based
284 on planting and bank stabilization.
285 Identifying exceptions to the buffer requirement, based on amenities that are
286 necessary intrusions (such as decks, patios and docks) for enjoyment of the
287 waterway.
288 Identifying by name the water bodies to which the buffer requirements apply.
289 Requiring that a wetland delineation or “statement of no wetlands” be
290 included in all development applications.
291 Creating a requirement to identify seasonal high water table on lots in
292 residential subdivisions and prohibiting basements below the season high
293 water table.
294 Giving the Silver Lake Commission a role in reviewing and making advisory
295 comments to the Planning Commission on projects abutting Silver Lake.
296 Defining “Vegetative Ground Cover” and “Wetlands.”
297
298
299 ADOPTED: *
300
301 Actions History:
302 September 27, 2010 – Proposed First Reading - Council
303 September 13, 2010 – Parks, Recreation and Community Enhancement Committee
304
Page 7 of 7
Page 63
1 of 3 FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2011-26
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
2 The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts
3 and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments
4 of the Municipal Government for:
5 City of Dover
6 Governmental Capital Projects Fund
7 Proposed Budget Amendment - Fiscal Year 2011
2010/11
2010/11 BUDGET REVISED
8 BUDGET ADJUSTMENTS BUDGET
9 BEGINNING BALANCE & RECEIPTS:
10 BEGINNING BALANCE - PROJECTS $ 65,479 $ 162,1 13 $ 2 27,592
11 BEGINNING BALANCE - LIBRARY - 34,5 83 34,583
12 STATE GRANTS 3,343,520 888,8 28 4,2 32,348
13 INTEREST EARNINGS 10,900 - 10,900
14 POLICE GRANTS 18,000 - 18,000
15 LIBRARY BOND ISSUE/CONTRIBUTIONS 1,000,000 - 1,0 00,000
16 TRANSFER FROM GENERAL FUND FOR PROJECTS 1,307,839 - 1,3 07,839
17 TRANSFER FROM PARKLAND RESERVE (JWP ADDTN) - 36,8 72 36,872
18 TRANSFER FROM LIBRARY RESERVE 2,343,519 20,2 13 2,3 63,732
19 TRANSFER FROM CAPITAL ASSET RESERVE 140,000 (140,0 00) -
20 TOTAL BUDGET $ 8,229,257 $ 1,002,6 09 $ 9,2 31,866
21 DEPARTMENT EXPENDITURES:
22 FIRE $ 288,210 $ (64,5 10) $ 2 23,700
23 GROUNDS MAINTENANCE 63,675 - 63,675
24 LIBRARY 6,687,039 943,6 24 7,6 30,663
25 RECREATION 45,000 36,8 72 81,872
26 POLICE 282,380 53,5 00 3 35,880
27 STREETS 481,055 - 4 81,055
28 SANITATION 246,075 - 2 46,075
29 INFORMATION TECHNOLOGY 12,000 - 12,000
30 MAYOR 31,500 - 31,500
31 TOTAL EX PENDITURES $ 8,136,934 $ 969,4 86 $ 9,1 06,420
32 CURRENT YEAR BALANCE - PROJECTS 92,323 33,1 23 1 25,446
33 TOTAL BUDGET $ 8,229,257 $ 1,002,6 09 $ 9,2 31,866
Page 64
2 of 3 FIRST READING
34 City of Dover
35 Water/Wasterwater Improvement & Extension Fund
36 Proposed Budget Amendment - Fiscal Year 2011
2010/11
2 010/11 BUDGET REVISED
37 BUDGET ADJUSTMENTS BUDGET
38 BEGINNING BALANCE & RECEIPTS:
39 PRIOR YEAR BALANCE - WATER $ 743,431 $ 847,443 $ 1,590,874
40 PRIOR YEAR BALANCE - WASTEWATER 543,668 (589,333) (45,665)
41 BOND PROCEEDS - WASTEWATER 3,016,200 - 3,016,200
42 STATE LOAN FUND - WATER - 2,404,017 2,404,017
43 STATE LOAN FUND - WASTEWATER - 5,597,956 5,597,956
44 TRANS FR WATER/WASTEWATER FOR WATER 500,000 - 500,000
45 TRANS FR WATER/WASTEWATER FOR WASTEWATER 500,000 - 500,000
46 TRANSFER FROM IMPACT FEE RESERVE 242,040 516,781 758,821
47 FEDERAL/STATE GRANTS (WASTEWATER) - 45,248 45,248
48 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451
49 DEPARTMENT EXPENSES:
50 WATER 620,000 2,985,055 3,605,055
51 WASTEWATER 1,560,700 5,515,294 7,075,994
52 TOTAL EXPENSES $ 2,180,700 $ 8,500,349 $ 10,681,049
53 CURRENT YEAR BALANCE - WASTEWATER BOND 2,153,140 - 2,153,140
54 CURRENT YEAR BALANCE - WATER 623,431 266,405 889,836
55 CURRENT YEAR BALANCE - WASTEWATER 588,068 55,358 643,426
56 TOTAL BUDGET CURRENT YEAR BALANCES $ 3,364,639 $ 321,763 $ 3,686,402
57 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451
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58 City of Dover
59 Electric Improvement & Extension Fund
60 Proposed Budget Amendment - Fiscal Year 2011
2010/11
2010/11 BUDGET REVISED
61 BUDGET ADJUSTMENTS BUDGET
62 BEGINNING BALANCE & REVENUES:
63 PRIOR YEAR BALANCE $ 1,688,861 $ 1,688,307 $ 3,377,168
64 PRIOR YEAR BALANCE BOND - 415,585 415,585
65 INTEREST EARNINGS 40,700 - 40,700
66 STATE REIMBURSEMENT FOR GOVS AVE - 254,757 254,757
67 FEDERAL GRANTS (DOE) - 135,152 135,152
68 TRANSFER FROM ELECTRIC 3,500,000 - 3,500,000
69 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362
70 DEPARTMENT EXPENSES:
71 ELECTRIC GENERATION $ 1,480,068 $ 471,672 $ 1,951,740
72 TRANSMISSION AND DISTRIBUTION 739,000 - 739,000
73 ELECTRICAL ENGINEERING 1,390,429 379,064 1,769,493
74 TRANSFER TO DEPRECIATION RESERVE - 1,000,000 1,000,000
75 TOTAL EXPENSES $ 3,609,497 $ 1,850,736 $ 5,460,233
76 CURRENT YEAR BALANCE 1,620,064 643,065 2,263,129
77 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362