Skip to main content
AskDover

CCW MINUTES

Council Committee of the Whole. May 10, 2022.

Open the PDF

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.

Page 1

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on May 10, 2022, at 6:00 p.m. with Council President Sudler presiding (left at 7:16 p.m. and returned at 7:23 p.m.). Members of Council present were Mr. Anderson, Mr. Boggerty (left at 8:27 p.m. and returned at 8:30 p.m.), Mr. Neil (left at 7:39 p.m. and returned at 7:45 p.m.), Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, and Mr. Taylor. Mr. Hare was absent. Mayor Christiansen was absent. Civilian members present for their committee meetings were Mr. Michael Lewis (Parks Recreation and Community Enhancement), Mr. LaVaughn McCutcheon (Utility), and Mr. Daniel Shevock (Legislative, Finance, and Administration). Mr. Dante Jones (Parks Recreation and Community Enhancement) and Mr. Jonathan Contant (Legislative, Finance, and Administration) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Boggerty presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Mayor and Council Reports Council President Sudler- Mr. Sudler stated he participated in the Diversity, Equity, and Inclusion Committee meeting. Mr. Sudler attended a zoom meeting with Councilman Rocha and Dr. Taylor from United Way, to discuss best practices for implementing transformational leadership style, training, and organizational culture. First District- Dr. Pillsbury reported she had a constituent who has concerns about City Hall, Council Chambers not being accessible. Mr. Rocha reported last week was Drinking Water Week and he had the opportunity to visit the water treatment plant with Mr. Hugg, City Manager, and Ms. Duca, Assistant City Manager. Mr. Rocha explained on his tour he was able to see how clean water is being treated. Mr. Rocha thanked the workers and Jason Lyon, Director of Water and Wastewater. Second District Mr. Taylor reported he agreed to be the Chair of the Downtown Dover Partnership’s Safety Committee. Mr. Taylor stated he would like to take the committee from, just being in theory, but one that is event driven. Mr. Taylor explained he would like to create a plan and create an event to put the plan into action. Mr. Taylor expressed interest in collaborating with other organizations in downtown as well, i.e., the parade committee. Mr. Taylor asked department heads, to speak up on how the committee can work strategies more efficiently, and what it is they would propose for downtown.

Page 2

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 2 Third District- Mrs. Arndt reported she attended a community event, the United Way Alliance Club at Silver Lake Park, and a neighborhood meet and greet to welcome new neighbors. Mrs. Arndt stated she had received several constituent complaints directed to code enforcement. Mrs. Arndt also stated she had been contacted by someone in her neighborhood that wanted to put up a little library. Mr. Neil reported he received a complaint from the Delaware Manufactured Homeowners Association. Mr. Neil explained the complaint was regarding a woman with a disability who was being evicted from her home at Kings Cliff Mobile Home Park, which led to a horror story of financial abuse, health and safety issues, and legal matters of which the city is helpless to correct. Mr. Neil contacted Councilwoman Arndt and Councilman Boggerty and is requesting changes to Chapter 66 Dover Code of Ordinances to better protect the victims of what is occurring in home renters. Mr. Neil stated the City of Dover Code Inspectors have been doing their job to bring the community up to code, but the city's hands are tied in correcting civil irregularities. Mr. Neil stated Tricia Marney, Customer Service Director is working with settlement attorneys to resolve the balance of 32 accounts with astounding debt left at settlement in the amount of $15,910. Mr. Neil further explained the previous owner Kings Cliff Mobile Home Park, LLC had 129 service accounts with an outstanding debt of $26,695 and the debts are being paid timely. The new owners are working with staff to resolve unsettled debts left by the prior owner. Mr. Neil stated there are 83 active tenant utility accounts with outstanding debts of $9,800 that are not subject to liens, because the property is owned by Kings Cliff Manufactured Home LLC. Mr. Neil further explained there are 88 former tenant utility accounts with outstanding debts of $26,700, many have either been written off or are inactive collections. Mr. Neil explained he spoke with residents who had paid for a manufactured home and the previous owner did not give them the DMV titles. Mr. Neil has asked Dave Hugg, City Manager, to set up a meeting with staff, Deputy Attorney General, and Brian Ing who has agreed to meet. Fourth District- Mr. Sudler stated he spoke with the Interim Dean of Delaware State University’s downtown campus Dr. Guilin Scott Jones to discuss partnering with the City of Dover for events and activities. Mr. Anderson reported interest in a beer garden in the fourth district, he stated some are for this and some are against it. Mr. Anderson explained he sat down with the owner of the proposed facility and reviewed the site plans and precautions they are going to take including a 10 o'clock closing time. Mr. Anderson further explained their emphasis seems to be more of a restaurant, the beer garden is sort of a legal term because its claim gives them the right to set up outside and serve alcohol. Mr. Anderson also reported there is an effort for a petition for Irish Mike’s by some of its neighbors to get 10 signatures about their liquor license. Mr. Anderson stated he had the opportunity to go to a water summit, and learn about water regulations, laws, stormwater management, regulations, and money available. Mr. Anderson stated he is preparing a report which he will send to staff. At-Large Mr. Boggerty thanked Mayor Christiansen for his help and for donating nine fire extinguishers to Delaware State University. Mr. Boggerty reported he spoke with a representative of Delaware State

Page 3

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 3 University to help bridge the gap between the college and Fire Department, and to reduce the number of false alarm calls. Mr. Boggerty also reported the Faith and Family Event scheduled for Saturday, May 14, 2022, was canceled due to inclement weather, and the Book Bag Drive is being rescheduled. Mr. Boggerty thanked Kay Sass, Public Affairs and Emergency Management, for moving forward with the Dover TV initiative. Mr. Boggerty asked the constituents to go to www.cityofdover.com and sign up for the Newsletter to receive updates. Mr. Boggerty stated he has received calls regarding permits and asked if staff could provide information on permits as to when they are needed and how to apply for permits. Mayor Christiansen Mayor Christiansen was absent. Mrs. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:21 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Report on Stormwater Utility (Sharon Duca, Assistant City Manager) Mrs. Sharon Duca, Assistant City Manager, reviewed the report on Stormwater Utility. Mr. Anderson thanked Mrs. Duca and stated she is doing a tremendous job building community support and information. Mr. Anderson requested with the budget coming up for staff to look at a property tax decrease to accompany the stormwater tax. Mr. Sudler stated he was impressed with Mrs. Duca’s work and the detail provided in her reports. Mr. Sudler expressed he did not want it to go unnoted and Council values that and the rest of the staff. This item was informational and committee action was not required. Renewal of Contract with The Energy Authority for Energy Management Services (David S. Hugg, III, City Manager, and Paul Waddell, Electric Director) Mr. David S. Hugg, III, City Manager, and Paul Waddell, Electric Director, reviewed the background and analysis regarding the Renewal of Contract with The Energy Authority for Energy Management Services. Staff recommended approving the modified contract extension for the period July 1, 2022, to June 30, 2023, with requested renewal provisions. Responding to Mr. Neil, Mr. Waddell stated things are very fluid right now. Mr. Waddell stated Ms. Lori Peddicord is still trying to go through the budget to see exactly how the increase is going to impact the electric department. Mr. Waddell explained it is concerning because the increase we had from the initial budget presentation they gave on the high-end worst-case scenario was 70-76 million and about

Page 4

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 4 five days later, they came back and said the market has gone ballistic and the worst-case scenario is upwards of mid-nineties. Mr. Waddell further explained The Energy Authority for Energy Management Services’ help with this is vital because they try to cushion the impact to the end consumer, for the person writing the check for the utility. Responding to Mr. Neil, Lori Peddicord, Controller/Treasurer, stated the city puts funds in a reserve, and once that reserve is met the rest is given to the customer in a PCA credit towards their electric. Ms. Peddicord stated the city has been able to do this since 2008. This is the first year there is a consideration as to whether the city will be able to give a credit or offer a debit to the tax or to the electric customer. Responding to Mr. Neil, Mr. Waddell stated there have been a lot of supply chain issues and price increases. Mr. Waddell explained typically at this point in the year the Electric Department has come in under budget and uses Capital funds on other projects. Mr. Waddell further explained at this time the Electric Department ran out of money in February and has had to stop capital projects simply because there has been a 400 percent increase on transformers. Mr. Waddell stated material lead times have gone from 15 weeks to 72 weeks, and they cannot plan for that kind of increase. Responding to Mr. Neil, Mr. Waddell stated the project to convert downtown and the historic district to LED lighting cost approximately 600,000 dollars. Mr. Waddell explained he had a larger plan to convert the entire city to LED lighting which would have cost roughly 3 million dollars. Mr. Waddell further explained that this project has been placed on hold due to budget concerns and lead times. Mr. Waddell believes the initial cost upfront would intern be a significant cost saving to the city as the current lights use 250 watts of power per hour and LED would use 68 watts of power per light. Responding to Mr. Anderson, Mr. Waddell stated the Raceway Solar Project was supposed to be online in the 2023 market, which would be December. Mr. Waddell explained the delay in getting panels has halted the progress and the city must now purchase the 30 megawatts of energy in the near term. Mr. Waddell stated he had a meeting later in the week to discuss the Raceway Solar Project and would provide an update to Council. Responding to Mr. Anderson, Mr. Waddell confirmed the changes in the contract were to go from a 3-year contract to a 1-year contract and the cost is cheaper due to McKee Power Plant not being online. Mr. Neil moved to recommend the renewal of the contract with The Energy Authority for Energy Management Services, as recommended by staff. The motion was seconded by Mr. Taylor and unanimously carried. Mr. Rocha moved for an adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:46 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried.

Page 5

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 5 Presentation Court Appointed Special Advocate (Latysse McKinzie, CASA) Latysse McKinzie, CASA Coordinator, reviewed the presentation entitled CASA Delaware Lend Your Voice. Responding to Mr. Sudler, Ms. McKinzie stated CASA accepts donations through the Office of the Child Advocate website. Responding to Mr. Taylor, Ms. McKinzie stated that CASA partners with the Modern Maturity Center. She further explained in Sussex County they have mostly retired volunteers and in New Castle County it is a mixture of mostly working population. Ms. McKinzie further explained the commitment is 10 to 15 hours a month and the volunteering can be done by email, meeting with the child is on your own time, and team meetings are scheduled for your best time. Responding to Mr. Rocha, Ms. McKinzie stated they do not currently partner with United Way but do partner with Volunteer Delaware, Volunteer 50+, and Capital School District. Ms. McKinzie also confirmed that CASA workers are mandated reporters. She also explained workers receive 30 hours of CASA training which includes a mandated reporting portion. Ms. McKinzie further explained CASA workers also complete 12 hours of annual training every year. Mr. Boggerty invited Ms. McKinzie and CASA to be a part of the June 4th Safe Haven Park Dedication. This item was informational and committee action was not required. Evaluation of Proposals – Curbside Recycling Services Mr. Mark Nowak, Public Works Director, reviewed the background and analysis regarding the Evaluation of Proposals for Curbside Recycling Services. Staff recommended awarding the contract to Waste Industries of Delaware, LLC DBA GFL Environmental for the provision of curbside recycling services for the City of Dover. The contract shall be for three (3) years with the option to extend for two (2) additional one (1) year periods. Responding to Mr. Anderson, Mr. Nowak stated Waste Industries of Delaware, LLC DBA GFL Environmental also does a shared service for Kent County. Mr. Nowak explained that since it is still a part of the Delaware Solid Waste Authority the recycling cans will not change, and it will be a smooth transition. Mr. Rocha moved to recommend awarding the contract to Waste Industries of Delaware, LLC DBA GFL Environmental for the provision of curbside recycling services for the City of Dover, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried by a roll call vote. Ordinance #2022-05 - Proposed Budget Amendment (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasurer, reviewed the background and analysis of Ordinance #2022- 05 – Proposed Budget Amendment. Staff recommended approval of the Proposed Budget Amendments for the Fiscal Year 2022 and adoption of Ordinance #2022-05.

Page 6

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 6 Responding to Mr. Anderson, Ms. Peddicord stated she would be giving an update on wastewater carry-over at the beginning of the fiscal year 2023. She stated if the carryover is not within policy, Council must be made aware and there must be a reason. Ms. Peddicord further explained the reason is typically a shortfall in revenue. Ms. Peddicord further explained the policy does allow the use of budget balance as well as reserves, but you must replenish them. Responding to Mr. Boggerty, Ms. Peddicord confirmed the red in the report does not mean it is bad, it is only showing the changes. Ms. Peddicord stated the increased projection in transfer tax is due to the housing market. Responding to Mr. Rocha, Ms. Peddicord stated the Electric Department is purchasing materials so they can lock in the pricing; however, it could be a long wait until the materials arrive due to supply issues. Responding to Mr. Neil, Ms. Peddicord clarified the State Bond Bill has awarded 5 million dollars for the Garrison Oak Business and Technology Park. Responding to Mr. Taylor, Ms. Peddicord stated that Line 119 - Police Grants - $1,088,000 is a mix of money received and projections. Mr. Neil moved to recommend approval of the Proposed Budget Amendments for Fiscal Year 2022 and adoption of Ordinance #2022-05, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried by a roll call vote. Proposed Amendments to the City of Dover Purchasing Policy (Lori Peddicord, Controller/Treasurer) Ms. Sharon Duca, Assistant City Manager, reviewed the background and analysis of the Proposed Amendments to the City of Dover Purchasing Policy. Staff recommended acceptance of the City of Dover Purchasing Policy as amended. Mrs. Arndt stated she trusted Ms. Duca’s professional judgment and would not want to hinder her progress. Mr. Rocha moved to recommend acceptance of the City of Dover Purchasing Policy as amended, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Review of Training, Conference, and Travel Policy (Lori Peddicord, Controller/Treasurer) Ms. Peddicord reviewed the background and analysis for the amendments to the Training, Conference, and Travel Policy. Staff recommended acceptance of the Training, Conference, and Travel Policy as amended. Mr. Taylor moved for staff to review the Training, Conference, and Travel Policy – page 12, #3 Non – Reimbursable Expenses, i.e., Babysitting, and to amend as a reimbursable expense, seconded by Mr. Boggerty. Mr. Neil suggested the policy state an individual requesting childcare expenses should notify in advance when planning to attend the event.

Page 7

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 7 Dr. Pillsbury stated the requested childcare expenses should be outside of the normal expenses. Dr. Pillsbury explained if the staff has a child that usually attends daycare that is not reimbursable, however, if they must pay for extended daycare that would be. Mr. Boggerty stated staff should consider dependent care instead of childcare, for example, an employee could be taking care of their parents or other family members. Mr. Boggerty requested staff to make the amendment as broad as possible and Council will narrow down the scope. Mr. Taylor moved for staff to review the Training, Conference, and Travel Policy - page 12, #3 Non – Reimbursable Expenses, i.e. Babysitting, and to amend as a reimbursable expense, seconded by Mr. Boggerty and unanimously carried. Responding to Dr. Pillsbury, Ms. Peddicord stated the personal auto reimbursement and per diem is based on the IRS regulations and Federal GSA. Dr. Pillsbury moved to recommend the adoption of the Training, Conference, and Travel Policy as amended by the Council, seconded by Mr. Rocha, and unanimously carried. Discussion of Chapter 102 Taxation - Article VI. - Exemptions; Board of Assessment Appeals - Section 102-183 - Tax exemption for disabled property owners and senior citizens (Mr. Anderson and Mr. Rocha) Mr. Anderson, Mr. Rocha, and Tricia Marney, Customer Service Director, reviewed the background and analysis of Chapter 102 Taxation - Article VI. - Exemptions; Board of Assessment Appeals - Section 102-183 - Tax exemption for disabled property owners and senior citizens. The recommendation is to refer to staff with discussion recommendations to draft a Proposed Ordinance. Responding to Mr. Neil, Ms. Marney stated the difference between Dover’s Code and the County is the City of Dover includes Cost of Living Adjustments annually and the County does not. Ms. Marney also stated the County included an exclusion for dependents and the City of Dover does not. Responding to Mr. Boggerty, Ms. Marney stated there are other qualifications for the tax exemption other than income, for example, they must be a resident of the City for five years and the home cannot be a rental unit. Mr. Anderson stated he wanted Chapter 103 Taxation – Article VI – Exemptions; Board of Assessment Appeals – Section 102-183 Tax exemption for disabled property owners and senior citizens to be reviewed because he would like to look at using HUD standards for what is low income and low to moderate-income. Mr. Anderson explained the problem is when it is looked at from a retirement perspective, which was when this was originally initiated, retirees, many times have been in their homes a while and many of them have paid their mortgages down or off, or they got it at a much lower price. Mr. Anderson further explained people with disabilities can become disabled at any time in their life. Mr. Anderson further explained they could have five children and to qualify they can only make $25,000. Mr. Anderson stated for the next year he would like to review the numbers and understand the potential impact. Mr. Anderson expressed his concern that the Council should keep families here and not force families out of the city who are paying taxes, because we are not giving them a tax exemption.

Page 8

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 8 Mr. Sudler agreed with Mr. Anderson and believes the city should use HUD standards as a baseline. Responding to Mr. Rocha, Ms. Marney stated third party insurance is considered taxable income by the IRS standard. Responding to Mr. Rocha, Dr. Pillsbury stated the City needed to be careful with accepting disability insurance as a criteria, because a person can be totally disabled for a short period of time, based on their work and the type of work they do. Mr. Neil moved to refer staff to come back within six months for recommendations regarding amending Chapter 102 Taxation - Article VI. - Exemptions; Board of Assessment Appeals - Section 102-183 - Tax exemption for disabled property owners and senior citizens. The motion was seconded by Mr. Sudler. Responding to Mrs. Arndt, Mr. Neil clarified they are asking staff to evaluate the fiscal impacts of changing the income amount to be eligible for the disability and senior tax exemption. Mr. Rocha stated the tax exemption is $200 per household. Mr. Neil moved to refer to staff to come back within six months for recommendations regarding amending Chapter 102 Taxation - Article VI. - Exemptions; Board of Assessment Appeals - Section 102-183 - Tax exemption for disabled property owners and senior citizens. The motion was seconded by Mr. Sudler and unanimously carried. Report on Diversity, Equity, and Inclusion (David S. Hugg, III, City Manager) Mr. Hugg and Mrs. Duca reviewed the report on Diversity, Equity, and Inclusion. Mr. Boggerty suggested increasing diversity by introducing internships and marketing those internships into specific targeted areas, if possible. Responding to Mr. Rocha, Mr. Hugg stated Ms. Poole, Human Resources Director had started a little over one week ago. This item was informational and committee action was not required. Report on Increased Minimum Wage for City Staff (Dave S. Hugg, III, City Manager) Mr. Hugg reviewed the report on Increased Minimum Wage for City Staff. Responding to Mr. Anderson, Mr. Hugg stated there is not currently a problem with filling the three positions that would be getting a pay increase. Responding to Mr. Neil, Mr. Hugg stated the city is using the Segal Study as a guide, but it covered more non-bargaining employees rather than union employees. This item was informational and committee action was not required.

Page 9

COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 10, 2022 PAGE 9 Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 9:00 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 9:00 p.m. Roy Sudler, Jr. Council President RS/re ere

Back to this meeting