LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on August 28, 2006, at 6:00 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin, and Mr. Shevock. Mr. Shelton was absent. Members of Council present were Mr. Carey, Mr. Ruane, Mr. McGiffin, and Council President Williams. Mayor Speed was also present .
AGENDA ADDITIONS/DELETIONS
Mr. Slavin moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried.
Proposed Ordinance - Disruption of Funeral, Memorial Service, or Funeral Procession
During their Regular Meeting of August 14, 2006, members reviewed a draft ordinance which would prohibit disorderly conduct near a funeral, memorial service, funeral procession, or burial and establishes penalties for such actions. The committee tabled action pending a formal review by the City Solicitor.
Mr. Carey stated that he would like to amend Sec. 70-7 (b) by increasing “one (1) hour preceding” to “two (2) hours preceding”.
It was the opinion of the Deputy City Solicitor, Mr. William Pepper, that the courts are unlikely to uphold the proposed ordinance and, due to the language being overbroad and vague, the potential exists for legal action to be brought against the City based on civil rights violations. Mr. Pepper questioned the need for the ordinance if a similar, more detailed, ordinance exists at the State level. He also noted that the City would be liable for enforcing the State law and; therefore, subject to defense by the Attorney General if a lawsuit were filed.
Responding to Mayor Speed, Mr. Pepper advised members that the 1,000 feet would be viewed as linear and moving, depending on the length and width of the funeral procession.
Mr. Pepper advised against adoption of the proposed ordinance.
Mr. Hogan stated that, since the proposed ordinance does not specifically prohibit picketing and it would be very difficult to enforce without inviting a lawsuit, he was withdrawing his support for the proposed ordinance. Mr. Slavin also expressed concerns regarding the vague language contained in the proposed ordinance and questioned the intent of the ordinance if one is already in place at the State level. Mr. Slavin also withdrew his support for the proposed ordinance.
Captain Raymond Taraila, Deputy Police Chief, advised members that staff has conducted research on how best to handle the type of protestors the proposed ordinance addresses. He noted that the City Solicitor, Mr. Nicholas Rodriguez, was consulted on formulating a plan of action. Captain Taraila questioned their ability to enforce the proposed ordinance, since much of the language is subject to interpretation.
Mr. Hogan moved to withdraw the proposed ordinance (Attachment #1), seconded by Mr. Slavin and unanimously carried.
Proposed Amendments to the City of Dover Electric Service Handbook, Section 3-36 - Proposed Increase for Residential Underground Extension Fee
Presently, the City of Dover requires a $250 residential underground extension fee (per lot) for new developments and/or extension requests. The $250 fee was intended to cover engineering costs, material costs, cable pulling, terminations, transformer installation, and the energizing of the new distribution extension. Due to the rising cost of material and labor rates, it is necessary for the City to re-evaluate the fees associated with providing the infrastructure for electric service to new developments. The average cost for providing electric service is approximately $850 per lot. Additionally, extensions made for individual customers will be increased from 50% cost to 100% cost. These changes are consistent with surrounding utilities and municipalities in the area.
Members reviewed the proposed amendments to the City of Dover Electric Service Handbook, Section 3-36 - Proposed Increase for Residential Underground Extension Fee. Mr. DePrima, City Manager, noted that the last increase and amendment to the Electric Service Handbook was completed in 1999.
Staff recommended approval of increasing the Residential Underground Extension Fee from $250 per lot to $850 per lot and approval of the proposed amendments to the City of Dover Electric Service Handbook.
Mr. Slavin moved to recommend approval of increasing the Residential Underground Extension Fee from $250 per lot to $850 per lot and approval of the proposed amendments to the City of Dover Electric Service Handbook (Attachment #2), as recommended by staff. The motion was seconded by Mr. Shevock and unanimously carried.
Evaluation of Bids - Electric Engineering Services Contract
The City of Dover is consistently working on future capacity and future growth projects. These projects take numerous hours of engineering and estimating. Over the past eleven (11) years, Duke Power assisted the City with engineering services through its contract. The termination of the Duke contract now requires an engineering services contract to be established for general electrical engineering and estimating services. In an effort to maintain the electrical system and future growth of our system, an RFQ for engineering services was done. Five (5) bids were received, reviewed, and analyzed.
Mr. Steve Enss, Public Utilities Field Engineer, reviewed the five (5) proposals received for engineering services. All were reviewed based on qualifications, experience, and cost. There were five (5) major questions presented in each review and additional notes made for services provided outside the requirements of this request.
Due to Shaw’s knowledge of the overall plan for future growth and capacity needs of the City of Dover, staff felt the engineering time and cost of any of the other three proposals meeting the requirements would exceed the differences in labor rates and would not be economical for the City.
Staff recommended awarding a three (3) year contract to Shaw EDS for engineering such projects as Feeder’s 3 & 4, Frazier Substation, flow studies, St. Jones switch yard, and any other major engineering projects. Costs will exceed the $25,000 originally budgeted and related services will be charged to the appropriate projects.
Mr. Slavin moved to recommend approval of staff’s recommendation to award the three (3) year electric engineering services contract to Shaw EDS, seconded by Mr. Shevock and unanimously carried.
Review of Recommendations - Active Duty Military: Extended Services provided by the City
During their Regular Meeting of June 26, 2006, members requested the City Manager to review all services or areas of enforcement that may effect active duty military members who may have been deployed with very short notice. The Committee requested that the City Manager report back within 60 days.
Mr. DePrima advised members that he consulted with all City Department Heads on their interactions with deployed military residents and found that there are three instances where a formal code or policy recognizes active military residents, as follows:
• Section 106-130(b) of the City Code regulates unregistered vehicles parked on private property. Under this section, being "out of state for military duty" is a recognized reason for having inspections waive the 90 day parking restriction.
• The utility deposit requirement for military personnel is only 50% of what is normally required, as long as they do not get behind with payments. This policy was instituted several years ago by the City Manager after being contacted by the Wing Commander who was concerned that the City’s deposit requirements were difficult to meet for lower ranked airmen. In exchange for this agreement, the Commander agreed that his staff would intervene when there are cases of non-payment by military personnel.
• The Customer Services Department receives deployment notices. Accounts of military personnel who provide deployment notices are flagged so utilities are not disconnected for non-payment during the deployment period.
Mr. DePrima advised members that staff in all departments indicated that, when they are made aware of a person's military deployment, they are very flexible and usually dismiss any fines or charges levied, depending on the circumstances. Examples given were: library fines waived, parking and code enforcement summonses dismissed, and recreation deposits refunded.
It was the general consensus that the City provides good service to military personnel and that, in general, very few complaints are received. The only area recommended for improvement was communications. Certain departments, such as Police and Inspections, are not made aware of a person being deployed and, in turn, active military residents are not aware of the City codes.
Mr. DePrima advised members that, prior to being deployed, military personnel are given a checklist itemizing things to be considered before being deployed, i.e., wills, powers of attorney, etc. TSgt. Shawn Swanson, the Family Readiness NCO at the DAFB Family Readiness Center, believes that a checklist of information for City residents preparing to deploy would be helpful. He indicated that it could be distributed it to all Squadron Family Readiness Managers. Mayor Speed suggested sending the checklist to the Employer Support of the Guard and Reserve organization (ESGR), as well. Mr. DePrima advised members that, once the checklist has been completed, it will be shared with all active National Guard and Reserve units in Delaware. The checklist will also be posted on the City’s Website.
Mr. Slavin moved to recommend approval of staff’s recommendations for extended services provided by the City to active duty military, seconded by Mr. Hogan and unanimously carried.
Mr. Slavin moved for adjournment, seconded by Mr. Hogan and unanimously carried.
Meeting Adjourned at 6:36 P.M.
Respectfully submitted,
Reuben Salters
Chairman
RS/hf
S:ClerksOfficeAgendas&MinutesCommittee-Minutes20068-28-2006 LF&A.wpd
Attachments
Attachment #1 - Proposed Ordinance - Disruption of Funeral, Memorial Service, or Funeral Procession (to original and file copy)
Attachment #2 - Proposed Amendments to the City of Dover Electric Service Handbook
ATTACHMENT #2
LF&A minutes of 08/28/2006
Text depicted with strikeout will be omitted. Text depicted with bold italic is proposed.
3-34. Overhead Single Phase Extensions
a. Residential.
For a Residential Customer the City will install, own and maintain at its expense, a line extension either on or along public right-of-way, on a right-of-way on private property, or on Customer's private property for up to 300’ for each service extension. Service extensions over 300’ will require a fee of 50% 100% of the cost over 300’, not to exceed $200.
b. Commercial and Primary.
For a commercial or primary customer, extensions will be made on or along public right-of-way. On a right-of-way on private property, extensions will be made only to service more than one customer. Such extensions will be made and a fee of 50% 100% of the cost of installation will be required.
c. Extension on Customer's Property.
The City will install, own and maintain at its expense an extension on private property for the use of a residential customer for up to 300’ of each service extension. Service extension over 300’ will require a fee of 50% 100% of the cost of the installation.
3-35. Overhead Three Phase Extensions
a. Commercial and Primary.
For a Commercial or Primary Customer extensions will be made on or along public right-of-way. On a right-of-way on private property extensions will be made only to serve more than one customer. Such extensions will be made and a fee of 50% 100% of the cost of the installation will be required.
Extensions on private property to serve a single Commercial or Primary Customer will be installed, owned and maintained by the Customer.
3-36. Underground Extensions
a. Residential.
The City will install underground extensions of primary, secondary and services (subject to Rules and Regulations of Underground Services) to serve customers in new developments. The developer will be required to install, at its expense, conduits, equipment and pads as designed by the City’s Engineering Department. In addition, a fee of $250 $850 per platted lot is required.
The City will examine request for underground extensions individually in areas other than those planned initially for underground.
b. Commercial and Industrial.
The City will install underground extensions on or along public right-of-way or on a right-of-way on private property to serve more than one customer only in areas where the existing distribution system is underground or an underground system is planned. The developer will be required to install, at their expense, conduits and equipment pad as designed by the City’s Engineering Department. In addition, a fee of $250 $850 per platted lot is required.
In a planned underground distribution area, the City's extension will include all facilities which are used to supply more than one customer and may involve installation and ownership of facilities on the Customer's premises where looped circuits and switching area used. Extensions of private property to service a single Commercial or Industrial Customer will be installed, owned and maintained by the Customer.