REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 9, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Captain Taraila, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and Deputy City Solicitor Pepper.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 15, 2002
The Minutes of the Special Council Meeting of August 15, 2002, were unanimously approved by motion of Mr. Truitt, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 26, 2002
The Minutes of the Regular Council Meeting of August 26, 2002, were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
PROCLAMATION - NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY
The City Clerk read the following Proclamation into the record:
WHEREAS, on behalf of the citizens of Dover, I am pleased to join the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration’s Center for Substance Abuse Treatment, the Office of National Drug Control Policy, and Connections CSP, Inc. in celebrating September 2002 as National Alcohol and Drug Addiction Recovery Month in the City of Dover, Delaware; and
WHEREAS, acknowledging September 2002 as National Alcohol and Drug Addiction Recovery Month offers individuals in the substance abuse treatment community an opportunity to educate the public and policymakers about the effectiveness of treatment, both societal and financial; and
WHEREAS, substance use and abuse is a major public health problem that affects millions of Americans of all ages, races, and ethnic backgrounds - in all communities; and
WHEREAS, substance abuse is a treatable disease, and treatment of addiction is as successful as the treatment of other chronic diseases such as diabetes, hypertension, and asthma; and
WHEREAS, thousands of health care providers have dedicated their lives to the recovery process and to the education of the public about alcoholism, drug dependence, and treatment issues.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the month of September 2002 as NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in the City of Dover, and encourage all citizens to support this year’s theme - “Join the Voices of Recovery: A Call to Action” - by supporting the men, women, and youth who are in drug and alcohol addiction treatment and recovery, and their families.
Mayor Hutchison presented the Proclamation to Mr. Gregory Bunkley, representing Connections CSP, Inc. Mr. Bunkley thanked the Mayor and Members of Council for acknowledging the fact that treatment works.
PROCLAMATION - PATRIOT DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, on September 11, 2001, terrorists hijacked four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, D.C.; and
WHEREAS, the fourth hijacked aircraft crashed in southwestern Pennsylvania after passengers attempted to take control of the aircraft in order to prevent the hijackers from crashing the aircraft into an important symbol of democracy and freedom; and
WHEREAS, these attacks were by far the deadliest terrorist attacks ever launched against the United States, killing thousands of innocent people; and
WHEREAS, in the aftermath of the attacks the people of the United States stood united in providing support for those in need; and
WHEREAS, by Act of Congress of the United States dated December 18, 2001, Public Law 107-89 was passed designating each September 11th as “PATRIOT DAY” and requesting The President to issue, each year, a proclamation calling on State and local governments and the people of the United States to observe Patriot Day with appropriate programs and activities; and
WHEREAS, all departments, agencies, and instrumentalities of the United States and interested organizations and individuals are requested to display the flag of the United States at half staff and that the people of the United States observe a moment of silence on Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11, 2001; and
WHEREAS, the City of Dover grieves for those who lost their lives and offers its deepest condolences to the family and friends of the victims of the September 11th terrorist attacks.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim September 11th, 2002, as “PATRIOT DAY” in the City of Dover in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States and urge the citizens of the City of Dover to observe a moment of silence in their memory.
Council President Carey read an excerpt from “American Heroes” as follows:
“They come from all walks of life. They have all kinds of jobs, some are famous, almost all are not. And most days, they go through the normal routine of everyday life.
But on one horrifying day—September 11, 2001—their day was transformed from ordinary to extraordinary.
On that day, they became America’s heroes.
Out of the tragedy of the terrorist attacks on the World Trade Center and the Pentagon came heroic stories of incredible courage, sacrifice, and patriotism. Stories that reminded us why the strength and spirit of America will always stand tall against the cowardice of terrorism.
Permanently etched in our memories are the images of firefighters, police officers, and emergency personnel rushing selflessly into the terror and wreckage at ground zero. As thousands of people were fleeing the exploding structures, scores of rescuers were moving in. Their bravery, and the countless number of lives they saved, will stand forever as a monument to heroism.
And it wasn’t just professionally trained personnel. Our hearts filled with pride when we heard of the passengers’ struggle for control of United Airlines Flight 93 over rural Pennsylvania. We cheered the stories of everyday people at work in the World Trade Center and the Pentagon who risked their lives to insure the safety of their co-workers.
Even those of us who were nowhere near the attack sites did what we could. We gave blood. We donated money. We flew flags. We said prayers. And through it all, we lifted the spirit of an entire nation.
The stories of heroism rising high above the threat of terrorism are endless.
We lost 420 emergency rescue personnel, 343 firefighters, 77 police and emergency services personnel in the line of duty.
Today and for years to come, this will serve as a reminder to everyone of all that’s great about the heart and soul of America.
We will never forget!
May God rest their souls and protect their families.”
PRESENTATION - SEPTEMBER 11TH MEMORIAL
A video memorial was presented, followed by a prayer for the victims of September 11th.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 26, 2002 with Mr. Salters presiding.
Robbins Hose Company - Purchase of Fire Truck
On December 27, 2001 the Council President signed an agreement with the Robbins Hose Company that covered payments to be made to the Company for various capital expenses. The agreement also included a clause that stated, “The terms of any future agreements between the Company and the City will be in writing and signed by the appropriate representative of the Company and the City.” This agreement was later approved by the City Council during their meeting of January 28, 2002.
In keeping with the December 27, 2001 agreement, a new written agreement to cover the purchase and transfer of funds for Engine #3 was negotiated between the City Manager, Mr. DePrima, and Fire Chief Bashista, with the Finance Director, Mrs. Mitchell, serving in an advisory capacity. It was Mrs. Mitchell’s feeling that the agreement should take the form of a motion that is approved by City Council and recorded in the minutes and should not be a written and signed agreement.
The committee recommended approval of staff’s recommendation that the City of Dover provide an annual appropriation to Robbins Hose Fire Company No. 1 to assist in financing the purchase of Engine #3: the first payment of $88,000 will be due upon delivery of Engine #3, which is expected to occur in June 2003; the second payment of $88,000 will be provided in July 2003; Robbins Hose Company No. 1 will apply both the June 2003 and July 2003 payments to the down payment on the truck. The subsequent annual appropriations in Fiscal Years 2005 and 2006 will be transferred to Robbins Hose Company No. 1 at the time such payments are due to the financing institution; the amount transferred will be equal to the payment to the financing institution, not to exceed $88,000.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Evaluation of Multi-Year Bid - Crusher Run, #57 Stone and Type “C” and “G” Select Borrow
The Department of Public Works uses varying quantities of crusher run, #57 stone, and select borrow for both capital and maintenance projects throughout the City of Dover and the utility service territories. Upon review of the supply history, staff recommended that City Council endorse the low bid for supply and delivery of the products since the value of the quantities to be purchased may exceed $25,000 in each of the next three (3) fiscal years. Sealed bids were solicited for the supply and delivery of these products, with the sole bid being received from Tilcon Delaware, Inc., Dover, Delaware as follows:
Total Total Total
Material Tons Year 1 Year 2 Year 3
C-Borrow 1,500 $4.60 $5.20 $5.30
G-Borrow 1,000 5.10 5.70 5.80
Crusher Run 3,500 11.50 11.75 12.00
#57 Stone 600 14.00 14.50 15.00
The committee recommended approval of staff’s recommendation to award a multi-year blanket purchase order to Tilcon Delaware, Inc. for the supply and delivery of crusher run, #57 stone, and select borrow at the bid prices.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 26, 2002 with Chairman Ruane presiding.
Annexation Request - Property Located at the Southeasterly Corner of the Intersection of Route 13 and Scarborough Road (SR 1 Interchange), owned by Wilmington College, Inc.
Members considered an annexation request for properties located at the southeasterly corner of the intersection of Route 13 and Scarborough Road (SR 1 Interchange), consisting of 19.328+/- acres. The property is owned by Wilmington College, Inc.
The Planning Staff recommended that the property be annexed into the City of Dover and that the subject property be zoned I-O (Institutional & Office) upon annexation. Mr. Petit de Mange advised members that the Planning Commission recommended approval of the request for annexation, as recommended by staff.
Mr. Petit de Mange indicated that although the City has not officially adopted an annexation plan as required by the State, the State requirements for proceeding with the annexation have been met. He noted that the Comprehensive Annexation Plan, including a cost benefit analysis and a facilities planning model, is also underway. Mr. Petit de Mange has relayed this information to the State Planning Office.
The committee recommended approval of the Planning Commission’s recommendation for annexation of the property located at the southeasterly corner of the intersection of Route 13 and Scarborough Road (SR 1 Interchange).
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and unanimously carried.
Dedication of Rights-of-Way and Public Infrastructure - Village of Westover - Phase II
The developer of the Village of Westover - Phase II, Frank Robino Associates, Inc., has requested that all public rights-of-way and infrastructure be dedicated to the City of Dover for permanent ownership and maintenance. Upon completion, City staff inspected the public improvements and provided the developer with a list of repairs necessary to meet the City’s standards and specifications, which have 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 their permanent records.
Staff recommended acceptance of the dedication of the Rights-of-way and public infrastructure for Phase II of the Village of Westover, as follows:
Sewer Utility Infrastructure:
8" PVC Sanitary Sewer Main - 2,260 l.f.
6" PVC Sanitary Sewer Laterals-1,350 l.f. (45 laterals)
4' Diameter Sanitary Sewer Manholes-10 ea. (77.24 v.f.)
Water Utility Infrastructure:
8" Ductile Iron Water Main-2,430 l.f.
6" Ductile Iron Water Main-60 l.f.
1" Type “K” Copper Water Service Line-930 l.f. (45 services)
8" Gate Valves-5 ea.
6" Hydrant Valves-4 ea.
Fire Hydrants-4 ea.
Storm Water Infrastructure:
Catch Basins-28 ea.
15" Type III Reinforced Concrete Pipe-302 l.f.
15" –12 Plastic Pipe-885 l.f.
18" Type III Reinforced Concrete Pipe-106 l.f.
18" –12 Plastic Pipe-68 l.f.
18" Corrugated Metal Pipe-190 l.f.
21" Type III Reinforced Concrete Pipe-222 l.f.
21" Corrugated Metal Pipe-45 l.f.
36" Type III Reinforced Concrete Pipe-460 l.f.
Rights-of-Way:
Charring Cross DriveStation 3 + 20 to Station 17 + 83
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation for acceptance of the dedication of Phase II of the Village of Westover. The motion was seconded by Mr. Salters and unanimously carried.
NRG Tariffs
Two (2) major changes have occurred in the relationship between Energy Center Dover, LLC (NRG) and the City of Dover. The agreement among the City of Dover, Kraft, Inc., First State Power Management, Inc., and Duke Louis Dreyfus that governed the sale of the electric output of the 16 MW steam unit expired December 31, 2001 and was not renewed. Before the contract expired, First State Power was purchased by NRG, who took over ownership of the 16 MW steam plant and responsibility for the contracts for the plant. When NRG took ownership of the site, plans were underway to build two (2) 44 MW gas turbines on the same site as the 16 MW steam unit. NRG completed those plans and installed the gas turbines.
When the agreement ended for the steam unit, the electric output for that unit was no longer going to be sold to Dover or Duke. NRG elected to wheel (transmit) the power to be sold on the PJM power grid over the City's electric system. This required them to use City power lines to get their energy from the North Street Substation to the College Road Substation. After much discussion, an agreement was reached that would require NRG to pay for the use of the Dover transmission system.
When the new steam unit is not on line due to a planned or emergency outage of the steam unit, NRG must purchase power from the City of Dover until the generator can be put back on line. In order for NRG to sell power directly to PJM, it was necessary to lease dedicated lines from the City for the exclusive use of NRG. The City has a 69KV line from North Street to the Kent Substation which was not being used by the City and was leased to NRG for that purpose.
The cost for wheeling 16 MW through our system would be a minimum of $44,160 a year. This will cover the annual cost of maintenance and repairs for this line. Costs were based on the size, length and age of the line, and included the line losses associated with this transaction.
The supplemental electric service would have a summer demand rate of $6.75 per KW-month and a winter demand charge of $5.20 per KW-month. The energy charge would be 4.63 cents per KWH both summer and winter. The revenue for the supplemental electric service would be based on the level of usage by NRG. The rate of the dedicated line for the 88 MW is $30,000 a year. This charge will cover the cost of annual maintenance and repairs for this line. The cost was developed based on the size, length, and age of the line.
All three of these tariffs were written by Mr. Kirk Betts of Betts & Holt--a law firm based in Washington, D.C. The metering procedures and cost development were done by Curtis Wilson of Wilson & Wilson, LLC--an engineering consulting firm. Both of these firms have extensive experience with the City of Dover and our electric system. Mr. Dennis L. Platteter, Chief Operating Officer for NRG in Dover, has reviewed all three tariffs and has accepted them as written. Staff recommended approval of all three (3) tariffs.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation (Exhibits #1, #2, and #3), seconded by Mr. Ritter and carried by a unanimous roll call vote.
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. McGlumphy and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 26, 2002. Mr. McGlumphy moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Speed and unanimously carried.
Mrs. Williams moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 2 - Administration, Article 2 - Elections, Division 1 - Generally, Section 2-22 - Corporations, firms, associations, and partnerships voting in annexation election, be amended as follows:
That the caption be deleted in its entirety and inserting in lieu thereof the following:
Sec. 2-22. Corporations, firms, associations, and partnerships voting in annexation election, absentee voting.
That a new subsection (d) be added as follows:
(d) At all annexation referendums or elections authorized by 22 Del. C. §101 and Sec. 1A of the Charter of the City of Dover, absentee voting shall be permitted in accordance with the provisions of this Code, Sec. 2-41 et. seq.
ADOPTED: SEPTEMBER 9, 2002
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of June 10, 2002. Mr. McGlumphy moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Speed and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Ruane and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Ritter):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 13, Motor Vehicles and Traffic, of the Dover Code be amended by deleting Section 13-16 - Violations, in its entirety and inserting in lieu thereof:
Except as otherwise provided, any person who violates any provision of this chapter which is a moving offense shall be fined a minimum of ten dollars ($10.00), and any person who violates a provision of this chapter which is a nonmoving offense shall be fined a minimum of fifteen dollars ($15.00), except that any parking violations shall carry a fine of twenty dollars ($20.00), for each offense, but if the fine is paid within seventy-two (72) hours from the date the offense is recorded in time, the fine shall be fifteen dollars ($15.00).
ADOPTED: SEPTEMBER 9, 2002
Mr. McGlumphy moved for adjournment, seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 8:22 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 9, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - 69 KV Transmission Service Classification for Transmission Service for 16 MW EWG Unit
Exhibit #2 - Transmission Voltage Supplemental Services Tariff for NRG Energy Center LLC 16 MW EWG Unit
Exhibit #3 - 69 KV Transmission Service Classification for Transmission for NRG 88 MW EWG