Special Legislalitve Finance and Administration Committee Packet - REV 03-22-22
Council Committee of the Whole. Mar 22, 2022.
This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
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CITY OF DOVER, DELAWARE
SPECIAL LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
MEETING
Tuesday, March 22, 2022 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THE AGENDA AND PACKET FOR THIS MEETING HAVE BEEN REVISED TO ADD ITEM
#2 PROPOSED AMENDMENT TO POLICY FOR COUNCIL COMMUNITY ENHANCEMENT
FUND EXPENDITURES
Public comments are welcomed on any item and will be permitted at the appropriate time. When possible,
please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be
recognized.
VIRTUAL MEETING NOTICE
This meeting will be held in City Hall Council Chambers with electronic access via
WebEx. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/cef1p6
Event number: 2336 683 2226
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
ADOPTION OF THE AGENDA
1. Evaluation of Bids - Switchgear Building for Garrison Oak Technology and Business
Park (GOTBP) Substation (Paul Waddell, Electric Director)
(Staff recommendation: Changing the award of ITB #22-0008EL from Siemens to
Philadelphia Electric.)
2. Proposed amendment to Policy for Council Community Enhancement Fund Expenditures
(Councilman Anderson)
3. American Rescue Plan Act (ARPA) Appropriation of Supplemental Funding
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SPECIAL LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE MEETING - March 22, 2022 PAGE 2
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
COMMITTEE ACTION FORM
PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee
DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: March 9, 2022
PREPARED BY: Paul Waddell, Electric Director
SUBJECT: Evaluation of Bids – Switchgear Building for Garrison Oak Technology & Business Park (GOTBP)
Substation
REFERENCE: N/A
RELATED PROJECT: EE2215
REVIEWED BY: Dave Hugg, City Manager
EXHIBITS: N/A
EXPENDITURE REQUIRED: $886,000 AMOUNT BUDGETED: $7,000,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-57060
TIMETABLE: Award upon Council Approval
RECOMMENDED ACTION: Staff recommends changing the award of ITB #22-0008EL from Siemens to Philadelphia
Electric.
BACKGROUND AND ANALYSIS
As part of the new GOTBP substation a Switchgear Building is to be installed. This piece of equipment will be used to
house all the breakers, relays, and batteries. It will also provide circuit protection to the 69 kV and 12.47 kV lines coming
into, and out of, the station as well as arc flash protection to internal equipment and personnel. The battery bank provides
emergency DC voltage to power the protection relays in the event of AC voltage failure.
The Invitation to Bid was solicited and advertised per the City Purchasing Policy by the Procurement Manager on August
19, 2021. It was posted on the city website and sent directly to multiple vendors the city knew could provide the material.
Five (5) responses were received. The bid opening occurred on September 21, 2021, was taken to Council Committee of
the Whole on November 23, 2021 and was approved by Council on December 13, 2021. The original recommendation was
to award the contract to Siemens based upon the additional items received by the bidder and that Philadelphia Electric’s
submission was deemed incomplete by the City. However, after a challenge by Philadelphia Electric and subsequent legal
review from Schmittinger and Rodriquez, P.A., it was determined that Philadelphia Electric’s bid was the lowest responsive
and responsible bidder as required by the purchasing policy. The Electric Department has contacted and confirmed that the
price quoted in the original bid document will be honored.
Due to the above, staff recommends changing the award of ITB #22-0008EL from Siemens to Philadelphia Electric. (In
order to change the award to the low bidder, the City will be required to pay approximately fifteen percent of Siemens’
contract amount as they were previously given a notice to proceed.)
Vendor All in Price
Philadelphia Electric $886,000
ETI $1,051,375
Anixter – ABB $1,096,438
Siemens $1,187,158
Anixter – AZZ $2,263,945
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Item 2.
ACTION FORM
PROCEEDING: Special Legislative, Finance, and Administration Committee MEETING DATE: 03/22/2022
DEPARTMENT OF ORIGIN: City Clerk’s Office on Behalf of Councilman Anderson
PREPARED BY: Rachel Engle, Assistant City Clerk
DATE SUBMITTED: 03/21/2022
SUBJECT: Proposed Amendment to Policy for Council Community Enhancement Fund Expenditures
RELATED PROJECT: None
APPROVALS: CCW/LF&A Committee and City Council
EXHIBITS: Proposed Amendment to Policy for Council Community Enhancement Fund Expenditures
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget) N/A
TIMETABLE: Committee recommendation to City Council on March 28, 2022.
RECOMMENDED ACTION: Adoption of Proposed Amendment to Policy for Council Community
Enhancement Fund Expenditures
BACKGROUND AND ANALYSIS
At the request of Councilman Anderson, a draft proposed amendment to the Policy for Council Community
Enhancement Fund Expenditures was drafted for the Committee’s consideration. The amendment enables the use
of Community Enhancement Funds to aid nonprofit assistance for those who suffered from natural or manmade
disasters that effect multiple household members within the city limits.
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Item 2.
City of Dover
POLICY FOR COUNCIL COMMUNITY ENHANCEMENT FUND EXPENDITURES
Preface
In order to better serve the needs of their constituents, the Dover City Council established a line-item
in the annual budget entitled "Discretionary Funding." These funds are to be used by each
councilperson to enhance and provide support to community needs within each council district. As
with all taxpayer funds, the public expects and deserves to know that discretionary funding is being
used prudently to support organizations with the capacity and integrity to provide quality services
free from conflict of interest for the citizens of Dover.
Section 1- Expenditures for community project purposes authorized; limitation on amount; defined
1A. Provided members of council approve the Discretionary line-item in the annual budget, the City
Council is authorized to expend city funds for community purposes.
a. Each council member will be allotted funds for their districts.
b. Council members should make a good faith effort to use their allotted funding to enhance
their respective council districts.
1B. Community project purposes, as used in this section, shall be construed to mean and include the
promoting of Dover or any advantage, facility, product, resource or attraction thereof or therein or
the contributing to any State, County, municipal, civic or community project or the support and
maintenance of any institution or organization having for its or their intent and purpose the creation
or enhancement of good will for or toward the City of Dover and the citizens thereof, and all moneys
expended or contributed, as aforesaid, are hereby declared to be expended or contributed for
community project purposes and for a proper City purpose.
1C. Community enhancement funds may be used to aide nonprofit assistance for those who
suffered from natural or manmade disasters that effect multiple household members within
the city limits.
Section 2-Process for Distribution of Funds; and Transparency
2A. The Councilperson making the request, will provide documentation (i.e. vendor invoice) to
reimburse the individual/organization making the purchase for which they are providing assistance;
or the City purchaser will purchase the item(s) on the City's credit card if the organization is a City
sponsored organization.
i. In the event that the individual/organization requesting funding from a councilperson
lacks the funding to make the initial purchase in order to seek reimbursement under this
process, the requesting organization/individual shall submit a formal letter to the
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Policy for Council Community Enhancement Fund Expenditures Page 2
Item 2.
councilperson outlining the specific uses of the funding being requested. This
documentation shall be forwarded to the City Clerk's Office for review of any potential
conflicts with current policy.
Section 2-Process for Distribution of Funds; and Transparency (Continued)
2B. The City Clerk's Office will track account activity. It will be Council Members responsibility
to adhere to their allotment or work among themselves for the distribution of funds.
i. A monthly City Council's Community Enhancement Fund Report shall be included in the
council packet to maintain transparency in the use of taxpayer funds.
Section 3-Restrictions on the Use of Discretionary Funding
3A. All public funds, however awarded, must be used for a city purpose. In general, a City purpose
is defined as an activity or service that is open to all members of the public regardless of race, creed,
gender, religious affiliation, etc. without restriction, and which does not promote a particular
religion.
3B. Programs and services provided by religious or religiously affiliated organizations must be able
to demonstrate that the program is open to non-members, is not a religious program, and it does not
promote religion.
3C. Closed membership groups-those to which membership is restricted or subject to membership
based on prohibited factors may generally not receive funding.
i. Groups that serve a particular population; for example, youth aged 12 to 16 in a
particular community are not considered a closed membership group, as long as the
program is open and accessible to all youth in the community.
3D. For profit entities may not receive discretionary funds except when the primary non-profit
contractor subcontracts with a for profit entity as part of the delivery of services. Such subcontracts;
however, must only be an ancillary part of the program to be funded, not the primary basis for the
discretionary award, and must be approved by the contracting agency.
3E. Funds may only be allocated to a public purpose and may not support political activities and
private interests.
Section 4-Conflicts of Interest
4A. To prevent the abuse or misuse of the Council's discretionary funding authority, the following
guidelines shall govern conflicts of interest between councilpersons, family, associates, and
organizations receiving discretionary funding:
i. Council members are prohibited from sponsoring discretionary funding for an
organization at which the Member serves as an employee, officer, or board member.
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Policy for Council Community Enhancement Fund Expenditures Page 3
Item 2.
ii. Councilpersons may sponsor funding for an organization where an "associated" person,
(a family member or other person with whom the councilperson has a financial or
business relationship) is an officer or employee so long as the associated person will not
benefit, or appear to benefit, from the funding.
iii. Councilpersons are required to disclose on the record any potential or perceived conflicts
of interests in regard to awarding discretionary funds. The City Solicitor shall review to
determine if such a conflict exists prior to funds being expended.
iv. Failure to report conflicts of interest or any misuse of a councilpersons discretionary
funding are subject to the provisions of the City's Code of Ethics established by Council.
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Actions History
01/22/2018 - Adopted - City Council
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Item 3.
ACTION FORM
PROCEEDING: Council Committee of The Whole (Legislative, Finance and Administration)
DEPARTMENT OF ORIGIN: Planning & Community Development DATE SUBMITTED: 3/17/22
PREPARED BY: Tracey Harvey
SUBJECT: American Rescue Plan Act (ARPA) proposed grant recommendations for Housing & Community
Service Projects
REFERENCE: N/A
RELATED PROJECT: N/A
REVIEWED BY: Joint ARPA Subcommittee
EXHIBITS: Proposed budget for ARPA recommendations
EXPENDITURE REQUIRED: $1,378,978.00 AMOUNT BUDGETED: $1,378,978.00
FUNDING SOURCE (Dept./Page in CIP & Budget): ARPA funds
TIME TIMETABLE: Pending Council approval, ARPA agreements will be prepared for execution and initiation of
projects.
RECOMMENDED ACTION: Award $1,378, 978.00 in ARPA funds to sub-grantees to carry out projects in
response to Covid-19.
BACKGROUND AND ANALYSIS
The Joint ARPA Subcommittee has provided the proposed ARPA Grant allocation recommendations for
Housing and Community Service Projects. The proposed grant funding recommendations will be allocated to
the sub-grantees that submitted eligible projects that addressed the connection between the negative economic
harm of Covid-19, and how the use of the funding would address the harm.
The Treasury has interpreted that cost be incurred by December 31, 2024, and that recipients have obligated the
funds by that date.
The period of performance will run until December 31, 2026, which will provide recipients a reasonable amount
of time to complete projects funded with Fiscal Recovery Funds.
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Item 3.
COMMUNITY DEVELOPMENT
DEPARTMENT
Department of Planning & Inspections
P.O. Box 475
Dover, DE 19903
Phone: (302) 736-7175 Fax (302) 736-4217
TO: Council Committee of the Whole (Legislative, Finance, and Administration)
FROM: Tracey N. Harvey, CDBG Program Manager
DATE: March 22, 2022
RE: American Rescue Plan Act (ARPA) proposed grant recommendations for
Housing & Community Service Porjects
________________________________________________________________________________________
The following activities are projects to be funded with proposed recommended funding
allocations by the Joint ARPA Subcommittee:
Dover Interfaith Mission for Housing
The proposed program will increase the provision of health services to include collaboration
with a nurse practitioner to provide on-site services. Additional health education sessions will
be provided to all residents and case management clients including information and
encouragement regarding Covid-19 vaccines and routine testing. The budget includes 4.5
years of staffing and one time purchase of equipment and supplies
Grant Request: $210,000 Recommended funded amount: $210,000
Central Delaware Habitat for Humanity
ARPA funds will be used to cover the hard construction cost that includes materials and
subcontractors for the development of 13 affordable housing units in the Downtown
Development area.
Grant Request: 260,000 Recommended funded amount: $260,000
Leon Weiner and Associates/ Dover Housing Authority
ARPA funds will be used for the renovation of Owens Manor and Queens Manor that will
total 110 senior subsidized housing units.
Grant Request: $600,000 Recommended funded amount: $400,000
Central Delaware Housing Collaborative
ARPA funds will be used to renovate an existing building acquired by the Collaborative that
will be converted to Transitional Housing for women and children. Funds will also be used
to supplement the payroll of staff due to circumstance from the impact of Covid-19.
Grant Request: $250,000 Recommended funded amount: $250,000
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Item 3.
ARPA Grant Recommendations
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Elizabeth Murphey School
ARPA funds will be used to renovate areas of a property that will be acquired to serve at risk
young adults to prevent the spread of Covid-19 by providing separate sleeping quarters and
divided living areas for participants. Funds will also be used for duct replacement or
professional cleaning and disinfecting of the HVAC system and MERV 13 filters on all ducts.
Non-contact temperature scanning and covid test kits will also be purchased to prevent the
spread of Covid-19. The recommend funding amount for this grant was increased to cover any
potential work orders for renovations.
Grant Request: $24,316 Recommended funded amount: $30,000
Peoples Church of Delaware
ARPA funds will be used to rehabilitate the basement of a church that is used to shelter
homeless men and prevent the spread of Covid -19.
Grant Request: $153,978 Recommended funded amount: $153,978
Reading Assist
ARPA funds will be used to tutor low-income students in kindergarten through 3rd grade in
Dover’s highest needs elementary schools. Due to Covid -19, the amount of learning loss due
to school absences and teacher shortages, the students have experienced an even greater loss in
learning called the Covid slide. Reading assist will support struggling readers during the 2022-
2023 school year with daily individualized high dosage tutoring during the school day as well
with individualized daily tutoring in afterschool programs.
Grant Request: $100,000 Recommended funded amount: $75,000
Total recommendations for funding request: $1,378,978.00
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