COUNCIL COMMITTEES
The Council Committees Meeting was held on September 9, 2002, at 6:30 p.m., with Council President Carey presiding. Members of Council present were Mr. Ritter, Mr. Pitts, Mrs. Williams (departed at 8:30 p.m.), Mr. Truitt (departed at 9:20 p.m.), Mr. McGlumphy, Mr. Speed, Mr. Salters, Mr. Ruane, and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane requested the addition of Utility Committee Item #4, City Manager Update - Noise at NRG Plant.
Mr. Speed moved for approval of the agenda, as amended, seconded by Mrs. Williams and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Mrs. Williams, Mr. McGlumphy, Mrs. Street, and Mr. Shelton.
Proposed Zoning Text Amendments - RG-1 Conversion - Single Family Residence
During their Regular Meeting of May 28, 2002, City Council enacted a moratorium on the further conversion of single family dwellings to apartment houses, multi-family dwellings and/or rooming houses in the RG-1 (General Residence & Office) Zoning District. This action was taken in response to numerous citizen complaints pertaining to rental properties, and particularly rental properties associated with off-campus student housing. The moratorium directed the Planning Staff to develop an amendment to the RG-1 District Regulations that would further regulate the conversion of single family dwellings to apartment houses, multi-family dwellings and/or rooming houses.
Mr. Petit de Mange, Planning Director, presented six (6) proposed amendments to the RG-1 District Regulations that work collectively to effectuate the following changes in the RG-1 District:
□ Remove from the list of Permitted Uses current provisions that allow conversion of the single-family dwellings to apartments and/ or rooming houses.
□ Define a new dwelling type to be termed “student home” which would require Public Hearing and Conditional Use approval by the Planning Commission. The proposed amendment would set forth minimum qualifying criteria, isolation distances, parking requirements, and special annual licensing requirements for such proposals.
□ Require Public Hearing and Conditional Use approval by the Planning Commission for the conversion of single family dwellings to non-student apartments.
The Planning Commission reviewed an initial draft of the amendments during its Quarterly Workshop Meeting held on July 16, 2002. At that time, the Planning Commission made suggestions and indicated its concurrence with the approach and intent of the amendment package. Staff discussed the proposal with residents of the affected neighborhoods and a copy of the proposal was sent to the Kent County Board of Realtors on August 2, 2002 for review and comment.
The Planning Commission conducted a Public Hearing on the proposal on August 19, 2002. Numerous residents appeared in favor of the proposed amendment. No one appeared to speak in opposition to the proposal.
After review of the proposed amendment, and in consideration of the public testimony, the Planning Commission recommended approval of the proposed amendment package with the following conditions:
1) that the maximum number of persons permitted to reside within a Student Home be established at four (4) students; and,
2) that the Conditional Use approval not become null and void for landlords of Student Homes that have been the location of two (2) or more violations of the City of Dover Noise and/or Disorderly Conduct ordinance, or is the location of three (3) or more such violations within any six (6) month period, each of which have resulted in conviction of the offending party if the landlord is actively pursuing a legal eviction proceeding as prescribed by State Law.
A petition favoring the proposed amendments, signed by several residents of Governor’s Avenue, was presented to members for their consideration.
Responding to Mr. McGlumphy, Mr. Petit de Mange stated that the City Solicitor, Mr. Rodriguez, has reviewed Amendment #6 and he is comfortable with providing landlords six (6) months to bring their properties into conformity with the “student home” requirements.
Mr. Ritter asked how the City would verify that the tenants utilizing “student housing” were in fact students. Mr. Petit de Mange stated that the Inspectors would observe the student housing and investigate any complaints received regarding illegal occupancies.
Noting that the current ordinance does not provide for a waiver of the requirement for one off-street parking space per student resident, Mr. Speed questioned if it would be necessary for existing uses to comply with the requirement. Mr. Petit de mange stated that the tenant would have six (6) months to comply with the parking requirement or reduce the number of rooms to meet the available parking spaces. Mr. Speed objected to the requirement, feeling that it could cause the landlord to experience financial difficulties.
Mr. Speed, noting that the amendment will prohibit the creation of rooming houses in RG-1 and RG-2, questioned whether other zoning districts permitted those uses. Mr. Petit de Mange responded that there were not. Mr. Speed noted that many residents may not be able to afford renting more than a single room.
Mrs. Williams moved to recommend adoption of the proposed RG-1 District Amendments, as recommended by the Planning Commission and staff (Attachment #1), seconded by Mr. McGlumphy and unanimously carried.
Bid - 22 Cubic Yard Automated Side Loading Refuse Collection Body & Chassis
As detailed in the FY-2003 Operating Budget and the 2003-2007 Capital Investments Plan, the Department of Public Works solicited bids for the purchase of two (2) new 22-cubic yard automated side loading refuse bodies with chassis. These new machines will replace vehicles #444 and #450. Vehicle #444 was sold at the 2002 annual auction, and vehicle #450 will be taken out of service and sold at the next auction. The Department of Public Works prepared a bid package reflective of the current automated fleet’s standards and specifications, and recommended approval of the low bid received from Elliott/Wilson Trucks, Easton, Maryland, in the amount of $298,252, for the purchase of two (2) 22-cubic yard automated side loading refuse collection bodies and chassis.
Funding for the purchase of two (2) trucks is identified on page 107 of the 2003-2007 Capital Investments Plan and on page 149 of the FY-2003 Draft Operating Budget for a total amount of $280,000. Since the budgeted amount for the purchase of the trucks is less than the low bid, an internal budget revision was submitted to the City Manager’s Office which will cover the shortfall.
Responding to Mr. McGlumphy, Mr. DePrima stated that the funds would be transferred from the Trash Payment Fee account in the Sanitation Department budget.
Staff recommended the issuance of a purchase order to Elliott/Wilson Trucks of Easton, MD in the amount of $298,252. for the purchase of two (2) 22-cubic yard automated side loading refuse collection bodies and chassis.
Mr. Salters moved to recommend approval of staff’s recommendation, seconded by Mrs. Street and unanimously carried.
Mr. McGlumphy moved to adjourn, seconded by Mrs. Williams and unanimously carried.
Meeting Adjourned at 7:13 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Ruane presiding. Members present were Mr. Ritter, Mr. Speed, Mr. Snaman, and Mr. Lambert.
Street Waiver Request - Emerald Pointe
The applicant of Emerald Pointe Subdivision has submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of 38 feet to permit a pavement width of 32 feet for all streets in the subdivision. The Plan proposes to maintain the minimum right of way width of 60 feet throughout the subdivision.
Mr. Petit de Mange advised members that the subject property consists of three parcels of land totaling 40.537+ acres situated on the southwest side of McKee Road approximately 1,400+ feet northwest of the intersection with College Road. The property is zoned R-8 (One Family Residence Zone). The owner of record is Emerald Pointe, Inc. (c/o Blenheim Homes, Inc.) and DIAKALP, LLC. The Conceptual Subdivision Plan proposes to subdivide this tract into 107 single family dwelling lots. The development would be accessed from McKee Road approximately 1,800+ feet north of College Road.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Emerald Pointe and recommended approval of the waiver as requested.
In formulating this recommendation, the Planning Commission considered the following points:
♦ Reducing the pavement width of streets as proposed provides several benefits including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety, and reduced construction costs. Reducing the design speed on low volume local residential streets is usually seen as desirable for the community. Reducing the pavement width also reduces maintenance costs, which is a concern since the proposed streets are to be dedicated as public streets with the City of Dover ultimately responsible for long term maintenance.
♦ The proposed waiver is consistent with similar waivers that have been approved in the recent past for the single family residential developments of Maple Glen, The Cedars, and Four Seasons.
It was Mr. Lambert’s recollection that the City had previously considered reducing the required street width from 38 feet to a width that was more practical. Mr. Petit de Mange responded that the project had to be delayed when the City Planner was appointed as the City Manager. He noted that the Kent County MPO sponsored a study two (2) years ago to consider street widths and develop recommendations for reduced street widths that would correspond with site density.
Mr. Speed moved to recommend approval of the requested street waivers for the Emerald Pointe Subdivision, as recommended by the Planning Commission and staff. The motion was seconded by Mr. Snaman and unanimously carried.
Mr. Speed moved to recess the committee meeting in order to convene into the Regular Council Meeting. The motion was seconded by Mr. Ruane and unanimously carried.
Meeting recessed at 7:31 P.M. and reconvened at 8:31 P.M.
Street Waiver Request - Kent County Administration
Kent County Levy Court submitted a requested for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicants have requested a waiver from the minimum 38 foot paved width requirement to permit paved widths of 30 feet. The applicants have also requested a reduction of right-of-way from 60 feet to 50 feet.
Mr. Petit de Mange advised members that the subject property consists of 7.77+ acres of land zoned C-4 (Highway Commercial) situated on the east side of U.S. Route 113 south of South Little Creek Road. The owner of record is Kent County Levy Court. The Plan proposes the construction of a two-story 77,000+ square foot office building and associated site improvements including parking, utilities, and landscaping. A new street is proposed to link South Little Creek Road to the existing north entrance road in the Blue Hen Corporate Center. The proposed street is planned to be dedicated to the City of Dover as a public street.
A new road is proposed east of the building to connect South Little Creek Road and the north entrance road of the Blue Hen Corporate Center. In an August 8, 2002 letter, the applicants requested waivers from the Dover Subdivision Street design standards found in Article VI §A13.
The Planning Commission reviewed the proposed street right-of-way and street width waiver requests as part of its review of the Site Development Plan for the Kent County Administrative Complex and recommended approval of the waivers as requested. In formulating this recommendation, the Commission considered the following points:
♦ Reducing the pavement width of streets as proposed provides several benefits including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety and reduced construction costs. For these reasons, the Planning Staff supports the requested street waiver.
♦ The proposed waiver is consistent with a similar waiver for a commercial street located north of the subject site at Dover Crossing Shopping Center which includes Target and Safeway stores.
Mr. Speed moved to recommend approval of the requested street waivers for Kent County Administration, as recommended by the Planning Commission and staff. The motion was seconded by Mr. Snaman and unanimously carried.
Bid - Two 69 to 12 KV Transformers
Staff originally planned to purchase and install the Mayfair transformer and begin work on the foundation and steel work at the Division Street substation this year (FY03) (CIP pages 55, 57, 61). $200,000 is budgeted to purchase the Mayfair transformer and $135,000 is budgeted to start the foundation and steel work on the Division Street substation. Next year (FY 04), staff plans to spend $355,000 to finish the remaining foundation and steel work at the Mayfair substation and $750,000 to purchase and install the Division Street transformer and complete the foundation and steel work. There is also $360,000 in this year’s budget to build the 69 KV line from the VanSant to Mayfair line to allow that station to be put into service next year.
Funding for this purchase is available in the 69KV Line VanSant-Mayfair (CIP page 61), Mayfair Substation Upgrade 22KV-69KV (CIP page 55), and Division Street Substation (CIP page 57) accounts.
Bids for the Mayfair transformer were solicited and received as follows:
Company Location Bid Amount
Delta Star, Inc. Lynchburg, VA $300,843
WESCO Wilmington, DE $263,720
Chapman Co. Midlothian, VA No Bid
National Transformer Sales Raleigh, NC No Bid
WESCO, the low bidder, was $63,720 higher than the budgeted amount of $200,000--a 32% increase over the prices received when the budget was prepared. A higher level of demand for transformers has resulted in large increases in prices. After negotiations with the low bidder, staff was able to obtain a price reduction of $12,720 per unit if two (2) units were purchased at the same time. The purchase of both units would require shifting money from the 69 KV line to the Mayfair transformer and the Division Street rebuild in FY03 and moving the 69 KV line to FY04 as follows:
Current FY03 Budget FY03 Budget Changes
Mayfair 69/12 KV transformer $200,000 $347,500
Division Street Substation 135,000 347,500
69 KV Line VanSant to Mayfair 360,000 0
Total $695,000 $695,000
Proposed 2003-04 CIP 2003-04 CIP Changes
May fair 69/12 KV transformer $355,000 $207,500
Division Street Substation 750,000 537,500
69 KV Line VanSant to Mayfair 0 360,000
Total $1,105,000 $1,105,000
The revisions would shift money within the same budget year but would not change the total spent in either year. Mr. DePrima stated that every effort would be made to find cost savings that would offset the $102,000 increase in the price of the two (2) transformers required for these projects. He noted that savings from another project could be transferred to this project, if necessary. Mr. Les Blakeman, Generation Manager, stated that they are considering dismantling unused substations and recycling the internal gauges and switchboards to cut costs on the project.
Since the right-of-way for the Mayfair to VanSant line is still being negotiated, delaying that portion of the project until next year will not delay completion of the three (3) projects. If the right-of-way for the Mayfair to VanSant line is not obtained, a new plan will be necessary. Plans for a future line from Mayfair to Mid-City could be moved up if the Mayfair to VanSant right-of-way issue is not resolved. Staff recommended that both the Mayfair and Division Street transformers be purchased and installed this year, with both stations being completed next year.
It was Mr. Ritter’s feeling that the land for the right-of-way should be acquired before proceeding with the project. Mr. DePrima stated that the line could be run to from the Mid-City line to Mayfair using existing right-of-way if an easement through the Kesselring Farm could not be negotiated.
Mr. Ritter expressed concern that negotiating with the low bidder may be considered an unfair bidding practice. It was his feeling that if other bidders, such as Delta Star, were aware that two (2) transformers were being purchased instead of one (1), it may have influenced their bids. Mr. DePrima stated that staff recently checked with the State and verified that negotiating with the low bidder is an acceptable practice.
Mr. Speed requested staff to provide the net savings that will be realized through decreased line loss and system standardization. He also suggested that staff contact those vendors that chose not to bid to determine if they would have an interest if two (2) transformers were purchased.
Staff recommended that the City Manager be authorized to transfer funds between accounts in the FY03 budget as indicated, that he make the appropriate changes to the CIP pages 55, 57, and 61 for 2003-2004, and that a purchase order be issued to WESCO in the amount of $502,000 for the purchase of two (2) 69/12 KV transformers.
Mr. Ritter moved that Councilman Speed’s questions be answered and that the project be rebid. The motion was seconded by Mr. Speed.
Mr. Speed questioned whether delaying the approval would have a significant impact on the delivery of the transformers. Mr. DePrima stated that a two (2) week delay to have questions answered would not negatively affect the delivery. If he is required to rebid the project, it would cause at least a four (4) week delay.
Mr. Speed indicated that he would be more comfortable with contacting the other bidders to determine if they would be interested in bidding on multiple units. He stated that he does not necessarily need an engineer’s estimate of the savings if staff can provide the line loss percentage and the charge for the line. Mr. Speed noted that the long-range plan should provide an estimate of the expected savings.
On a call for the question by Mr. Ruane, the motion failed by a roll call vote of three (3) no, two (2) yes (Mr. Ritter and Mr. Speed).
Mr. Snaman moved to recommend approval of staff’s recommendation that the City Manager be authorized to transfer funds between accounts in the FY03 budget as indicated, that he make the appropriate changes to the CIP pages, 55, 57, and 61 for 2003-2004, and that a purchase order be issued to WESCO in the amount of $502,000 for the purchase of two (2) 69/12 KV transformers. The motion was seconded by Mr. Lambert and carried by a roll call vote of three (3) yes, two (2) no (Mr. Ritter and Mr. Speed).
Blanket Bid - Environmental Affairs Contractor
Mr. DePrima informed members that it is necessary to hire a contractor to assist with the environmental compliance aspect of the City’s operations. Mr. DePrima stated that, when the City experiences an oil spill or blown transformer, a contractor would generally perform a soil sampling to verify that all spilled oil was cleaned up, provide field assistance and guidance at large spill sites, and ensure environmental compliance. The contractor also files annual reports required by the Department of Natural Resources, such as a Spill Prevention, Control, and Countermeasures Plan for Substations (one for each of the City’s 17 substations), and an annual PCB Report.
Staff recommended that the three (3) year blanket bid be awarded to Compliance Environmental, Inc., located in Dover, as follows:
Labor: Senior Manager $75.00 per hour 10% mark up
Project Manager $65.00 per hour
Technician$55.00 per hour
After comparing vendors, it was noted that each vendor has various pricing methods per job. Due to each company’s pricing method, each bid was reviewed on an individual basis. It was noted that staff’s recommendation is due to rates that are better when considering material markup, no increases in second and third years, no overtime charges and no portal-to-portal charge. In addition, they are a Dover firm, have a favorable history of working for the City, and are very knowledgeable of the requirements at State and Federal levels. They are also highly regarded by the State of Delaware DNREC.
Funding is available in the Electric Department’s FY03 Operating Budget, page 166 of the City of Dover Operating Budget, in account 487-8300-563-30-43.
Responding to Mr. Ritter, Mr. DePrima stated that the total charge for this service for the 2001/02 Fiscal Year was $113,331. He noted that he would provide members with the amount budgeted in the Electric and Pubic Works Departments for this fiscal year prior to the next Council meeting.
Mr. Lambert moved to recommend approval of staff’s recommendation to award the three (3) year blanket bid to Compliance Environment, Inc. at the bid prices specified. The motion was seconded by Mr. Speed and unanimously carried.
City Manager Update - Noise at NRG Plant
Mr. DePrima stated that Mr. Blakeman had received an e-mail from Mr. Weingant of NRG indicating that the noise occurrence was most likely associated with a plant upset due to equipment or system malfunction. He indicated that it has always been NRG’s intent to minimize such occurrences whenever possible. Mr. DePrima stated that he would try to obtain additional information on the incidences. Mr. Blakeman requested that, if possible, the time of incidences be recorded when a complaint is received.
Mr. McGlumphy moved for adjournment, seconded by Mr. Snaman and unanimously carried.
Meeting Adjourned at 9:50 P.M.
Respectfully submitted,
Carleton E. Carey, Sr.
Council President
CEC/tm
S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2002\09-09-2002.min.wpd