UTILITY COMMITTEE
The Utility Committee met on March 9, 2004, at 4:30 p.m. with Chairman Ruane presiding. Members present were Mr. Carey, Mr. Ritter (arrived at 4:42 p.m.), Mr. Farling, and Mr. Lambert.
Agenda Additions/Deletions
Mr. DePrima requested the deletion of item #4 - Proposed Amendments to the City of Dover Electric Service Handbook - Small Commercial Service.
Mr. Lambert moved for approval of the agenda as amended, seconded by Mr. Carey and unanimously carried.
Persimmon Park Place - Right-of-Way and Street Dedication
Members were provided detailed information regarding the Persimmon Park Place development, which was originally presented as a 508-unit manufactured housing development in the early 1980's. City staff originally recommended public streets, standard curb and gutter, and street lighting to be approved by the City. During plan development for the project, the developers were successful in modifying the original recommendations presented by City staff, and they pursued a private street community with a condominium association responsible for maintenance of all infrastructure except for utility infrastructure, which was to remain the responsibility of the association. After petitioning City Council, the developers were allowed to construct the community without a standard right-of-way and street width using a condominium association for long-term maintenance.
The development was not fully developed as planned; only 179 lots were created. There are currently 145 homes in the development, with a total of 1.73 miles of private street constructed. The community has an active condominium council and is governed by a condominium association. Staff began discussing possible street dedication in early 2001. After several meetings with the Condominium Council and internal cost studies completed, the City received a formal petition signed by approximately 140 lot owners requesting the transfer of ownership of the streets to the City of Dover. The petition acknowledged receipt of: a letter from the Condominium Council dated October 8, 2001; Minutes of the Condominium Council Meeting of September 19, 2001; and a cost/benefit analysis and awareness of a 20% or $80 increase in real estate taxes should dedication occur.
Staff reviewed detailed information regarding the right-of-way and street construction, the cost estimates for street paving, street lighting and signs, other private streets in Dover, legal liability, operational cost/revenue analysis and re-evaluation of taxes, and community preservation. In an effort to preserve this community, staff recommended dedication of the existing streets in Persimmon Park Place as indicated on the map provided to members, with the following conditions:
1.Public hearing should be held to insure that all property owners have an opportunity to express their opinions to City Council. Prior to the public hearing, the City should send a detailed statement of all proposed assessments and services to homeowners.
2.City Solicitor should review the condominium documents to assure that the Condominium Association has the sole authority to transfer the streets to the City of Dover. The Association should assume all legal costs associated with the dedication.
3.Capital funding of street pavement, street lights, and street signs should be funded through the Condominium Association or Community Transportation Funds with the understanding that these streets will be added to the City's annual paving program as soon as funding is provided.
4.All properties should be reassessed for improved property values related to public streets as soon as the dedication process has been completed. The City should obtain an opinion from the Tax Assessor and City Solicitor that this is permissible under Delaware law.
5.No consideration of dedication of the pool, club house, drainage system outside of the dedicated right-of-way or open space should be made.
Mr. Ritter referenced a letter received from Senator Vaughn allocating $30,000 for this project.
Mr. Ruane relayed concerns regarding the costs for paving, noting that there is now an estimated cost of $169,995 for street paving and that the original cost estimate was $185,000. Responding, Mr. DePrima indicated that staff has performed a more detailed cost estimate, and that the estimate provided in 2001, in the amount of $185,000, was a very rough estimate. Since a year has passed since the cost estimate of $169,995 was developed, it was Mr. Ruane’s feeling that staff may need to adjust the estimate at this time. Mr. Koenig clarified that the original estimate included work to re-build existing catch basins for preparation of paving and that the $169,995 estimate does not include this work. A more accurate estimate will include an additional $7,000 for the repair of catch basins within the proposed dedicated area. Mr. DePrima assured members that the revised report will be inclusive of all costs associated with this project.
Responding to Mr. Ruane, Mr. Koenig explained that by using the estimated amount of $169,995, including the $7,000 for drainage, and assuming as much as a 10% increase in paving cost, the revised estimate would be approximately $194,500. Considering this, Mr. Ruane noted that there would be a funding gap to be determined, less the Community Transportation Funds that have been dedicated in the amount of $132,573, and confirmation of an additional $30,000 from Senator Vaughn.
For the record, Mr. Ruane noted that there would be costs involved for conveyance. Mr. DePrima explained that all of the legal or engineering work that would be required for conveyance is typically the responsibility of the developers and that, in this instance, the City will require these costs to be borne by the Condominium Association.
In response to Mr. Ruane, Mr. Koenig stated that from a public works point of view there will be challenges for providing services to the area which is considered a substandard geometry without adequate right-of-way. As an example, he stated that if the City were to have a large snowfall, there may be some operational problems and it may be necessary to have snow placed onto the yards of residents in order to remove it from the streets where it would remain until it melted. This would need to be understood by the residents.
With regards to future obligations for street paving, Mr. Koenig stated that there is an unconstructed street, Susan Place. A developer, Separe, Inc., has bought all the lots on this street and when they begin pulling building permits, the City will require Susan Place to be built to City standards. However, curb and other infrastructure that is not already a part of the development will not be required.
Mr. Farling stated his opinion that the public is having to deal with a situation created by a developer who attempted to build affordable housing by building substandard design criteria. The end result is that public funds will be necessary to build something that the developer should have been responsible for in the first place.
Mr. Fred Tolbert, 35 Karen Place, spoke on behalf of several residents in attendance at the meeting. He stated that residents have been struggling with this situation for several years and appreciate the City’s consideration. The resident’s feel that when the project was first conceived and approved, an error was made; Persimmon Park Place should have never been a private development. Echoing comments of members, he stated that the delay of the acceptance of the dedication of right-of-way and streets has seriously diminished the quality of life, buildings, and streets. The residents have been very instrumental in maintaining Persimmon Park Place, as well as securing funds from Representative Ennis and Senator Vaughn to defray the costs of dedicating the streets of Persimmon Park Place to the City. The residents feel that they have been mistreated by the developer as well as the government, because the interest of the residents was not protected. Mr. Tolbert stated that now the City has an opportunity to correct a grievous wrong-doing and that it is hoped by the residents that the City will move forward to this end. (At the request of Chairman Ruane, 20 residents raised their hands indicating their support of the statements made by Mr. Tolbert on their behalf).
There was no one present wishing to speak against the proposed recommendation.
Ms. Kay Castell, 106 Beth Place, stated that all residents reiterate the comments made by Mr. Tolbert very succinctly and thanked the City for considering this matter.
Mr. Farling felt that logistically, step #2 should be accomplished before moving forward with the remainder of the steps outlined in staff’s recommendation.
Should the City Solicitor determine that the Condominium Association has the sole authority to transfer the streets to the City, Mr. Ruane suggested that staff be directed to forward a letter to the Association requesting confirmation of their willingness to assume legal costs associated with the dedication. Prior to the public hearing, residents should be provided a detailed statement of all proposed assessments and services to homeowners.
Mr. DePrima explained that the idea of providing a statement was to specify the action that would be taken with the dedication. Due to the many different conversations that have occurred, he felt it would be important to have an objective statement provided to the residents to assure their understanding of what is involved.
Responding to Mr. Ruane, Mr. DePrima stated that a public hearing may not give a true indication of the residents’ desires, feeling that those opposed would not feel comfortable speaking publicly or would be intimidated knowing that their neighbors are in favor of the action. An election would provide a more realistic indication as to the desires of all residents. Mr. DePrima stated that the City Clerk’s Office typically handles all of the City’s elections and that he was not familiar with the logistics but thought that an accounting firm or an attorney may be willing to host an election.
Mr. Ritter questioned the possibility of conducting an election similar to the manner in which the City conducts annexation referendums.
Mrs. Gardner, Secretary in the City Clerk’s Office, explained the process for conducting annexation referendums. Mr. DePrima suggested the possibility of conducting an election at the community room, which is in close proximity to the neighborhood. However, he stated that there may be a need to delay such an election, reminding members that the Clerk’s Office is in the process of preparing for the municipal election scheduled for April 20, 2004.
Mr. Farling questioned the need for a public hearing if an election is held. Mr. Ruane clarified that the action to be taken, based on the committee’s discussion, will be dependent on a positive legal opinion, confirmation from the Association to assume all legal costs, then an election will be held and if a majority of the residents are in favor of the dedication, a public hearing will be held by City Council. Meanwhile, capital funding will be clarified and updated estimated costs will be made available when Council takes final action. Mr. Ruane also noted that the inquiry to the City Solicitor should include an opinion regarding the reassessment that will occur resulting from the dedication.
Mr. Lambert suggested an additional item #6 specifying that no curbing or sidewalks would be included in the improvements/dedication. He also suggested that language be included specifying that if the funding allocated for this project does not provide for the repaving of all streets, street lighting, or street signs, any portion of the project that the City is not able to complete would be included on the City’s regular list of priorities along with other projects.
Disagreeing, Mr. Farling felt that the City should not move forward with the project unless necessary funding is secured. For clarification, Mr. Ruane explained that the committee’s recommendation to City Council is in regards to the process for the dedication and should not be considered a recommendation for the dedication of streets.
Mr. Ritter moved to recommend that staff be authorized to begin the process for the right-of-way and street dedication for Persimmon Park Place, as outlined by staff and amended by members for an addition to item #1 to require an election of residents to be held, consideration of item #2 prior to item #1, and the addition of item #6, as follows:
1.City Solicitor should review the condominium documents to assure that the Condominium Association has the sole authority to transfer the streets to the City of Dover. The Association should assume all legal costs associated with the dedication.
2.Public hearing should be held to insure that all property owners have an opportunity to express their opinions to City Council. Prior to the public hearing, the City should send a detailed statement of all proposed assessments and services to homeowners.
3.Capital funding of street pavement, street lights, and street signs should be funded through the Condominium Association or Community Transportation Funds with the understanding that these streets will be added to the City's annual paving program as soon as funding is provided.
4.All properties should be reassessed for improved property values related to public streets as soon as the dedication process has been completed. The City should obtain an opinion from the Tax Assessor and City Solicitor that this is permissible under Delaware law.
5.No consideration of dedication of the pool, club house, drainage system outside of the dedicated right-of-way or open space should be made.
6.No curbing or sidewalks will be included.
The motion was seconded by Mr. Carey and unanimously carried.
Dedication of Public Infrastructure - Jason and Conwell Streets (College Park)
The developer of the University Courtyard Apartments for Delaware State University, Ambling Development Company, L.L.C., has requested that all public infrastructure improvements related to this site development plan be dedicated to the City of Dover for permanent ownership and maintenance. Existing rights-of-way have been improved in accordance with City standards and specifications. After construction was completed, staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer. A one-year maintenance agreement, maintenance bond, and a release of liabilities have been submitted by the developer. In addition, as-built drawings have been submitted to the Department of Public Works for its permanent records. Staff recommended acceptance of the public infrastructure on Jason and Conwell Streets, with dedication to include all of the referenced public improvements, as follows:
Sewer Utility Infrastructure (construction value - $12,500)
8" PVC Sanitary Sewer Main - 170 l.f.
4' Diameter Sanitary Sewer Manholes - 1 each (10.6 v.f.)
Water Utility Infrastructure (construction value - $25,000)
8" Ductile Iron Water Main - 518 l.f.
12" Gate Valves - 1 each
8" Gate Valves - 6 each
Street Infrastructure (0.09 miles) (construction value - $61,430)
Jason Street - Station 0+00 to Station 2+15 - 215 l.f.
Conwell Street - Station 0+00 to Station 2+55 - 255 l.f.
470 l.f.
Mr. Carey moved to recommend approval of staff’s recommendation for the acceptance of dedication of public infrastructure on Jason and Conwell Streets to include all of the referenced public improvements. The motion was seconded by Mr. Lambert and unanimously carried.
Evaluation of Bids - Walker Road Pump Station Upgrade, Engineering Services Agreement - Construction Phase and Walker Road Sewer Diversion Project Authorization
In July 2003, the City of Dover approved an engineering services agreement for design related services for the upgrade of the Walker Road Pumping Station. The upgrade includes the replacement of the existing pumps and interior station piping, installation of a Poly-Triplex Wet Well Liner, installation of new electrical equipment and controls, installation of a new HVAC system, bypass pumping, and miscellaneous building improvements. The low bid was received from JJID, Inc., in the amount of $308,557.
Staff also requested a cost proposal from Pennoni Association, Inc. to provide construction phase services to aid the City in completing the project. These services include shop drawing review, attendance at progress meetings, and assistance with technical questions. This proposal is considered a negotiated item and would be executed as an addendum to the original engineering services agreement. The total estimated cost of the construction phase engineering services if $27,660.
In 1999, staff prepared flow projects for each sewer basin in the City’s system. The projections for the Walker Road Pump Station basin included plans to divert existing flows from a portion of the Hamlet Subdivision and the Hamlet Shopping Center from the Walker Road, basin to the Puncheon Run Basin. This project was only conceptual at the time and staff intended for the diversion to occur when Lot #1 (the corner commercial lot in Four Seasons located at the intersection of Saulsbury Road and Walker Road) was to be developed. The proposed reconstruction of Walker Road which is to begin in April 2004, has accelerated the need to construct this gravity sewer project since, upon completion of the road improvements, DelDOT will implement a 5-year moratorium on utility cuts. Staff is prepared to construct the flow diversion immediately. The improvement includes the installation of approximately 350 linear feet of 8" diameter gravity sewer main. The cost to complete this segment of sewer is approximately $20,000. This improvement will divert 60 E.D.U.’s from the Walker Road basin to the Puncheon Run basin.
Mr. DePrima advised members that the referenced costs exceed the project budget; therefore, the Department of Public Works has proposed an amendment to the project budget and presented revised 2004-2008 Capital Investments Plan worksheets, as well as a proposed project timeline and financing schedule. The funds necessary to complete the upgrade of the Walker Road Pump Station will be transferred from the Puncheon Run Motor Control and Pump Replacement Project. The budget for the Walker Road Pump Station Project will be increased from $250,000 to $386,097. Construction on the Puncheon Run Project will be deferred from FY2004 to FY2005/FY2006 to provide the necessary funds to complete the Walker Road Project. As of this date, the projected construction budget for the Puncheon Run Motor Control and Pump Replacement has been increased to $1,000,000 due to current conditions discovered during the preliminary design of the proposed project. The allotted time to complete the Walker Road Pump Station Upgrade is 135 consecutive calendar days; therefore, completion of the construction contract will not occur until August 31, 2004.
Staff recommended: 1) approval of the low bid submitted by JJID, Inc. in the amount of $308,557, plus a 5% construction contingency for the construction of the Walker Road Pump Station Upgrade; 2) approval of the negotiated Engineering Services Agreement with Pennoni Associates, Inc. to provide construction phase services as detailed in their proposal dated February 23, 2004 in the amount of $27,660; 3) authorizing staff to construct the Walker Road Flow diversion with funds from the Puncheon Run Motor Control and Pump Replacement Project in the amount of $20,000; and 4) amendment of the CIP as presented (Attachment #1).
Responding to Mr. Ruane, Mr. Koenig explained that the total cost for the Walker Road Pump Station Project is $386,097 and $20,000 for the Walker Road Sewer Diversion Project. An amount of $250,000 was budget for the Walker Road Pump Station Project, which will be increased to $386,097 upon approval of the budget amendment. Funding for the Walker Road Sewer Diversion Project is being made available from funds previously earmarked for the Puncheon Run Motor Control and Pump Replacement Project.
Referring to the flow diversion, Mr. Ritter questioned the need for the flow to be at 60 EDU’s. Responding, Mr. Koenig stated that there is a small prong on Heritage Drive in the Hamlet and Hamlet Shopping Center that flows across Saulsbury Road. Therefore, there is 60 EDU’s flowing at a pipe across Saulsbury Road. By installing a couple hundred feet of pipe to change that flow direction, the City will be able to eliminate a gravity sewer crossing Saulsbury Road. If something were to happen to that crossing in the middle of Saulsbury Road, which is 20+ years old, it would cost the City substantially more than $20,000.
Mr. Carey moved to recommend approval of staff’s recommendation, noting that funding for the Walker Road Sewer Diversion Project is being made available from funds previously earmarked for the Puncheon Run Motor Control and Pump Replacement. The motion was seconded by Mr. Lambert and unanimously carried.
Mr. Lambert moved for adjournment, seconded by Mr. Ritter and unanimously carried.
Meeting Adjourned at 6:35 P.M.
Respectfully submitted,
Eugene B. Ruane
Chairman
EBR/lcg/jg
S:ClerksOfficeAgendas&MinutesCommittee-Minutes20043-09-2004-Utility.wpd
Attachment
Attachment #1 - Revised 2004-2008 CIP Page 201 - Puncheon Run Motor Control and Pump Replacement and Page 202 - Walker Road Pump Station Upgrade