REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 10, 2001 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Richard L. Ornauer, 17 Mifflin Road, relayed concern regarding the proliferation of tractor trailer parking and abandonment of these vehicles on City streets, most particularly in the area on West Street, south of North Street, adjacent to the new J.P. Court #7 building. In addition, there has been an excessive amount of truck parking in the vacant lot where Hechinger’s was once located. Mr. Ornauer felt that this type of activity is not favoring the quality of life that we have had in the community and requested guidance in having this matter eradicated. He advised members that although many strip malls and shopping centers have erected signs prohibiting overnight parking, the problem remains.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. DePrima requested the addition of item #5-D - Emergency Repairs by Sole Source Vendor at St. Jones Substation. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Gorman and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 27, 2001
The Minutes of the Regular Council Meeting of August 27, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROCLAMATION - CONSTITUTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS, September 17, 2001 marks the two hundred fourteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 - 23 as Constitution Week.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim September 17 - 23, 2001 as “CONSTITUTION WEEK” in the City of Dover, and urge all citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.
Mayor Hutchison presented the Proclamation to Ms. Caroline Abbott, representing the Daughters of the American Revolution. Ms. Abbott relayed appreciation for the recognition.
PROCLAMATION - RACE EQUALITY DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the National League of Cities is committed to promoting racial equality and justice as a fundamental aspect of a healthy community; and
WHEREAS, the National League of Cities has urged local officials across the country to join together in a national campaign to promote racial equality and justice; and
WHEREAS, by resolution of the National League of Cities, we declare racism unjust and advocate equal rights for all; and
WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of a person’s color, race, national origin, religion, or sex; and
WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 13th Amendment of the Constitution of the United States was adopted abolishing slavery; and
WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 14th Amendment of the Constitution of the United States was adopted giving all persons born or naturalized in the United States the right to due process and equal protection under the law.
NOW THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby declare September 19, 2001 as “RACE EQUALITY DAY” in the City of Dover, and urge all citizens to join together to reaffirm our commitment to ensuring racial equality and justice in our City and to work with the National League to Cities to sustain this commitment throughout the country.
Mayor Hutchison presented the Proclamation to Mrs. Juana Fuentes-Bowles, Director of the State Human Relations Commission, and Ms. Ellen Wasfi, League of Women Voters.
Ms. Wasfi indicated appreciation for the City’s encouragement to local organizations for their support in the efforts towards greater understanding as well as the involvement of several City officials for actively participating in Study Circles. She stated that towards the end of promoting mutual understanding between different groups in the community, the YMCA of New Castle County and the League of Women Voters are planning a “kick off” ceremony to be held Saturday, October 6, 2001, from 9:00 a.m. to 12:00 noon, at the DTCC, Terry Campus Conference Center. This is an open invitation for the public to attend the ceremony and to take advantage of the opportunity to participate in an initial Study Circle. On behalf of the League of Women Voters, Ms. Wasfi extended gratitude to the City of Dover for their support of Study Circles on racism and race relations. She looks forward to a continued partnership in the efforts to promote mutual tolerance and understanding throughout the entire community.
Mrs. Fuentes-Bowles relayed heartfelt appreciation to the Mayor and Council for the Proclamation declaring September 19th as “Race Equality Day”. She applauded members for recognizing the diversity in the City of Dover and for urging citizens to do the same, and felt that the City should have some equality within itself. Mrs. Fuentes-Bowles relayed the importance of diversity and its real meaning, explaining that diversity is “all the ways in which we differ”. She also relayed appreciation to those members who have attended the community meetings and urged their continuance in an attempt to foster good relationships among all people in the City and to bring the community together. Mrs. Fuentes-Bowles stated that we are all “change agents” and we must strive to make a difference on a daily basis.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 655 BAY ROAD, OWNED BY BLUE HEN VENTURE, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located at 655 Bay Road, owned by Blue Hen Venture, LLC. The property is currently zoned SC-3 (Regional Shopping Center) and the proposed zoning is C-4 (Highway Commercial).
Planner's Review
The present zoning of SC-3 permits retail commercial complexes of three (3) or more establishments permitting large scale commercial development which can be shown by market analysis to be needed. Typical uses include shopping malls, department stores, specialty stores, grocery stores, restaurants, and theaters; personal services establishments such as barber shops, beauty salons, dry cleaning and tailor shops; business, professional, and governmental offices; commercial recreational facilities; and institutional facilities such as public libraries, banks, and medical facilities. All proposed retail, office, personal service, recreational or institutional uses require a demonstration of need through market analysis, and shall have no adverse effect on adjacent land uses. The property currently consists of vacant land and an abandoned supermarket.
The proposed zoning of C-4 permits service establishments, wholesale and warehousing establishments, bowling alleys, animal hospitals, motor vehicle service stations subject to conditions, manufacturing with less than 25 employees, printing establishments, drive-in facilities, motels and eating establishments, outdoor recreation facilities, auction establishments, theaters, places of worship, clubs, trailer sales, memorial stone sales, moving firms, trucking and bus terminals, building contractor yards, office and retail establishments. The proposed use of the property is for a fraternal lodge building and office building.
The Planning Commission recommended approval of the rezoning application. In taking this position, the Commission considered the following points:
Surrounding Land Uses: The subject property fronts along the easterly side of US Route 113, approximately 400+/- feet south of the intersection of South Little Creek Road. To the north are lands zoned C-4 occupied by a fast food restaurant, a convenience store, and a carpet outlet. Further north across South Little Creek Road is the Dover Commons Complex, also zoned C-4 and currently under construction. To the east is a large tract of land zoned I-O (Institutional & Office) which is the location of East Dover Elementary School. South of the site are lands zoned SC-3 which is the location of the Blue Hen Corporate Center. To the west across Route 113 are lands zoned C-4 which are occupied by a variety of commercial land uses including restaurants, a manufactured home dealer, and an automobile rental company.
Comprehensive Plan: The 1996 Comprehensive Plan designates this area for commercial use.
Other Considerations: The proposed C-4 zoning classification and the existing SC-3 zoning classification are almost identical in terms of permitted uses. The main difference is that the C-4 zoning classification limits the number of tenant spaces to no more than two (2) units per property while the SC-3 District allows for multiple tenant shopping center complexes. The SC-3 zoning classification also involves greater setback requirements than the C-4 due to the fact that SC-3 properties tend to involve large scale, expansive buildings and shopping complexes. Due to its frontage along US Route 113, redevelopment of the subject property would be required to incorporate a 30 foot wide landscaped buffer along the arterial roadway.
Recommendation of Planning Staff: Considering that the proposed C-4 zoning is consistent with the land use recommendations of the Comprehensive Plan and that the rezoning from SC-3 to C-4 represents a lateral zoning change along a major highway commercial corridor, staff recommended approval of the rezoning.
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Ron Smith, Levy Court Commissioner, advised members that the County spent considerable time selecting a site for their new office complex. Although it was their desire to remain in the government complex area of the City, he stated that the area could not accommodate the idea and the area currently experiences parking problems. It was his feeling that this project will prove to be beneficial to the City by improving the former Acme site with the demolition of the building and give rise to an aesthetic facility that will provide a southern gateway into the City of Dover. The project will be beneficial to the County being centrally located with major highway arteries and provide the opportunity to consolidate County offices currently scattered. It will also provide the State government the opportunity to acquire the O’Brien Building and parking lot for expansion of the court system, which is desperately needed. Mr. Smith stated that all levels of government will benefit from the project and urged approval of the rezoning request.
Council President McGlumphy declared the hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance (the first reading of this ordinance was accomplished during the Council Meeting of July 23, 2001):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 655 BAY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from SC-3 (Regional Shopping Center) to C-4 (Highway Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from SC-3 (Regional Shopping) to C-4 (Highway Commercial) on that property located at 655 Bay Road, owned by Blue Hen Venture, LLC.
ADOPTED: SEPTEMBER 10, 2001
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 835 BAY ROAD, OWNED BY AMERICAN LEGION, WALTER L. FOX, POST NO. 2 AND STATE OF DELAWARE
A public hearing was duly advertised for this time and place to consider rezoning of property located at 835 Bay Road, owned by American Legion, Walter L. Fox, Post No. 2 and the State of Delaware. The property is currently zoned C-4 (Highway Commercial) and the proposed zoning is SC-3 (Regional Shopping Center).
Planner's Review
The present zoning of C-4 permits service establishments, wholesale and warehousing establishments, bowling alleys, animal hospitals, motor vehicle service stations subject to conditions, manufacturing with less than 25 employees, printing establishments, drive-in facilities, motels and eating establishments, outdoor recreation facilities, auction establishments, theaters, places of worship, clubs, trailer sales, memorial stone sales, moving firms, trucking and bus terminals, building contractors yards, office and retail establishments. The property is currently used for the American Legion Hall and residual highway right-of-way.
The proposed zoning of SC-3 permits retail commercial complexes of three (3) or more establishments permitting large scale commercial development which can be shown by market analysis to be needed. Typical uses permitted include shopping malls, department stores, specialty stores, grocery stores, restaurants, and theaters; personnel services establishments such as barber shops, beauty salons, dry cleaning and tailor shops; business, professional, and governmental offices; commercial recreational facilities; and institutional facilities such as public libraries, banks, and medical facilities. All proposed retail, office, personal service, recreational or institutional uses require a demonstration of need through market analysis, and shall have no adverse effect on adjacent land uses. The proposed use of the property is for a commercial shopping center.
The Planning Commission recommended approval of the rezoning application. In taking this position, the Commission considered the following points:
Surrounding Land Uses: The subject property fronts along the easterly side of US Route 113. To the north and east are vacant lands zoned SC-3 which is the site of the proposed Blue Hen Promenade. Further north is the Blue Hen Mall and Corporate Center also zoned SC-3. Further to the northeast are the homes in the Schoolview neighborhood zoned R-8 (Single Family Residential). To the west and across Route 113 is the Danner Farm State Office Complex, zoned I/O (Institutional and Office), consisting of the DelDOT Administration Building, University of Delaware Extension Office, and other State Buildings. Immediately south of the site is the Puncheon Run Connector overpass. Further south are various commercials uses zoned C-4 and IPM (Industrial Park Manufacturing).
Comprehensive Plan: The 1996 Comprehensive Plan designates this area for commercial use.
Other Considerations: On April 10, 2000, the City Council approved the rezoning of a 38.4+/- acre parcel from IPM and C-4 to SC-3. In April of this year, City Council granted a one (1) year extension on this rezoning to afford the applicant the necessary time to finalize property acquisitions and agency approvals, and to proceed through the Site Plan Review process.
The Blue Hen Promenade property surrounds the existing American Legion Post property on the northerly and easterly sides. The applicants have arranged to acquire the American Legion parcel and a residual right-of-way parcel from DelDOT to provide the Blue Hen Promenade property with a more complete development parcel at the intersection of US Route 113 and the Puncheon Run Connector.
The immediate request to rezone an additional 5.41+/- acres from C-4 to SC-3 represents the complete assemblage of the Blue Hen Promenade development parcel.
As part of the original rezoning request, the applicants prepared the studies and site analyses in support of the original rezoning action to SC-3, including market analysis, site plan, traffic analysis, and DelDOT review commentary. Mr. Petit de Mange provided a brief description of these studies to members.
Recommendation of Planning Staff: Considering that the proposal is consistent with the Comprehensive Plan and represents a relatively small addition to the major development parcel previously rezoned to SC-3, staff recommended approval of the rezoning.
Responding to Mr. Ruane, Mr. Petit de Mange explained that in accordance with the SC-3 zoning classification, substantial buffering will be required between the proposed development and adjacent neighborhood that will be implemented through the site plan review and development process.
Also in response to Mr. Ruane, Mr. Petit de Mange explained that DelDOT does not object to an entrance immediately north of the Puncheon Run Connector; however, they do oppose the installation of a signal light and exiting left turn movements at this location. It is their feeling that the Blue Hen Corporate Center already is served by two (2) signalized intersections and the proposed location of the third signal light would be too close in proximity to the on and off ramps of the Puncheon Run Connection. DelDOT has indicated that an un-signalized entrance would be permitted at this location provided that southbound left turns out of the site are prohibited. Mr. Petit de Mange assured members that these concerns will be addressed during the site plan review process.
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Greg Moore, Becker Morgan Group, representing Blue Hen Venture, LLC, advised members that several meetings with adjacent residents of the Schoolview neighborhood have been held. He stated that the previous rezoning did not include the American Legion site and as a result, the major tenant and largest building was closer to the neighborhood. This rezoning request of the American Legion site allows for the retail component to be moved away from the neighborhood. Having several meeting with the residents, this is something that they feel benefits their neighborhood and lowers the impacts.
In response to Mr. Ritter, Mr. Moore stated that until there are actual agreements or leases with the tenants he was not prepared to relay which tenants would be locating at the site.
Mr. Ruane reiterated the concerns of the adjacent neighbors and indicated appreciation for the modification of the proposal. He hoped that the buffering would be aesthetically pleasing while preventing intrusion between the development and the neighborhood.
Responding to Mr. Ruane’s concerns regarding the bicycle and pedestrian amenities, Mr. Moore stated that those details will not be addressed until the site plan review process and that upon receiving approval of the rezoning, the developers will begin to work in that direction. He assured members that the developers are aware of the concerns of the neighbors and will be taking them into consideration.
Mr. Carey relayed concern with the installation of an additional traffic light in this area. Responding, Mr. Moore reiterated that this matter will be presented to the Planning Commission during the site plan review process.
Council President McGlumphy declared the hearing closed.
Mr. Carey moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance (the first reading of this ordinance was accomplished during the Council Meeting of July 23, 2001):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 835 BAY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-4 (Highway Commercial) to SC-3 (Regional Shopping Center).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-4 to SC-3 on that property located at 835 Bay Road, owned by the American Legion and the State of Delaware.
ADOPTED: SEPTEMBER 10, 2001
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 27, 2001 with Chairman Gorman presiding.
Proposed Ordinance Amendment - Section 14-8 - Excessive Noise Prohibited
During the Open Forum segment of the Regular Council Meeting of June 11, 2001, Mrs. Rexene Ornauer, 17 Mifflin Road, relayed concerns regarding noise emanating from the Wawa during the middle of the night. It was her feeling that as a property owner, Wawa is responsible for what occurs on their property. Mrs. Ornauer stated that if she were in violation of the noise ordinance, she would be given a summons. It was her feeling that if noise occurs on commercial property, they too should be issued a summons. She suggested that the current noise ordinance (Section 14-8, Excessive Noise Prohibited) be amended to hold property owners and renters responsible for excessive noise generated on or from their property, as well as the noise maker.
Staff provided members with a copy of the existing ordinance, as well as the proposed ordinance amendment for their review and consideration.
Members felt that the Police Department as well as the Chamber of Commerce and local business owners should be contacted to obtain their input on the proposed amendment. It was also suggested that guidelines be developed for merchants to maintain compliance with the noise ordinance and that the State’s noise ordinance, which supercedes the City’s ordinance, be reviewed and used for possible enforcement within the City.
After much discussion, the committee recommended that the proposed amendment be tabled for further consideration at a future date.
Mr. Gorman moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Salters and unanimously carried.
Mr. Gorman moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 27, 2001 with Chairman Ruane presiding.
Delaware Solid Waste Authority (DSWA) Agreement
Mr. DePrima, Interim City Manager, explained to committee members that the City of Dover has an existing Disposal Fee Agreement with DSWA for solid waste (including dry waste that is defined as construction and demolition waste, plastic, rubber, lumber, trees, and vegetative matter) that expires on June 30, 2002. Under this agreement, the City of Dover takes its waste to DSWA facilities at a rate of $58.50 per ton, with a $10 per ton rebate paid within 45 days after the end of the fiscal year. In addition, the City gets a proportional pay out from an $8.50 per ton set aside for every ton over 800,000 tons delivered to the DSWA from all parties under contract. Together these two rebates yielded a $10.60 per ton rebate for the 19,032 tons delivered last fiscal year. It should be noted that approximately $5 of the $58.50 per ton fee goes to support the Recycle Delaware Program, the Household Hazardous Waste Program, and the Electronics Recycling Program. The City has used DSWA's services since 1980.
On June 7, 2001, the DSWA adopted a new fee program for dry waste which has prompted a proposal for a new agreement. The proposed agreement would end on June 30, 2005, (effectively a three-year extension), would lock in the $58.50 per ton rate, and offer a new rate of $40 per ton for dry waste. The $8.50 per ton over 800,000 tons proportional rebate would be eliminated. Based on the latest rebate, that would be a reduction from $10.60 per ton to $10 per ton. The DSWA reserves the ability to adjust this rate, and dry waste tonnage is not included in the rebate calculation. The DSWA would not restrict the City from using other means to dispose of separated recycling material such as vegetative matter converted to mulch or asphalt ground for reuse.
In Fiscal Year 1999/2000, the City took 6,800 tons of dry waste and other bulk material to the DSWA. The Public Works Department estimates that with some adjustments in procedures, 4,000 tons of dry waste could be separated. If the estimated 4,000 tons of dry waste is taken to the landfill at $40 per ton, it would save $31,600 over the current fee of $47.90 per ton ($58.50 per ton - $10.60 per ton rebate) for this coming fiscal year. It is important to note that while the Sanitation Division does separate a certain amount of dry waste, operational changes will be necessary to insure that purely dry waste is taken to the landfill.
Mr. DePrima stated that the City of Dover has had a long relationship with the DSWA, which was the only venue for accepting municipal solid waste. Because of this, the DSWA contract was traditionally negotiated by the City Manager without City Council approval. In June 2000, the City was approached by Eastern Shore Environmental (ESE) to consider a contract to dispose of the City’s solid waste at its transfer station located east of Dover Air Force Base. The rate proposed was $47 per ton fixed for two years without any inflation cost escalators or pass through cost escalators. However, after learning that ESE was seeking conditional use approval for accepting municipal waste at their transfer station and that they were in legal conflict with the DSWA, the former City Manager advised ESE that he would not consider a contract until all legal matters with the DSWA were resolved.
Although ESE has requested that their application be withdrawn and are therefore unlikely able to accept municipal solid waste any time in the near future, Mr. DePrima provided members a comparison between DSWA and ESE, assuming that their service may be available.
Mr. DePrima advised members that the Fiscal Year 2001/2002 Sanitation budget is $1,158,600 and $1,158,535 (un-audited) was expended in Fiscal Year 2000/2001. Entering into the DSWA contract should bring this expense under budget. The effective rate of the DSWA contract is September 1, 2001; however, DSWA has provided a verbal extension to October 1, 2001, to sign the contract.
The revised contract with the dry waste fee offers significant savings over the existing contract. The DSWA has provided the City with good, uninterrupted service for 20 years and there is no advantage to delaying a decision for an additional 10 months. It is unlikely that better rates will be offered or that the legal issues will be resolved within that time period. Even if ESE services were available, using ESE would result in minimal savings over DSWA rates, and the fixed-rate period would be shorter. There would also be possible legal expenses and a risk of interrupted service. Staff recommended signing the new agreement with the DSWA, taking advantage of the $40 per ton dry waste fee and locking in the $58.50 per ton rate with rebates until June 30, 2005.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey.
Mr. Ritter reiterated his concerns with the length of time for the contract and suggested that the City enter into a two-year contract with DSWA, with an option for a third year.
Responding, Mr. Ruane stated that staff had inquired about the possibility of negotiating the length of the contract. Unfortunately, the length of the contract is not negotiable at this time, explaining that all other municipalities, with the exception of Delmar and Dover, have finalized their contract with DSWA. He agreed that the City should maintain a better bargaining position and suggested that in the future, municipalities form some type of partnership.
Mr. DePrima stated that in addition to the municipalities, according to DSWA, all private waste haulers have also finalized their contract. It was DSWA’s position that if Dover is given the opportunity to amend the contract, they would be required to provide all others the same opportunity and that there were numerous contracts already finalized.
On a call for the question by Mr. Truitt, the motion authorizing staff to sign the agreement with DSWA at a rate of $40 per ton for dry waste and $58.50 per ton with rebates until June 30, 2005 was carried by a roll call vote of seven (7) yes, two (2) no (Mr. Ritter and Mr. Speed).
Evaluation of Bids - Stormwater Pipe for Dover High School Ditch (Accounting Project # ST0232)
At the request of the Capital School District and Representative Nancy Wagner, the City of Dover Department of Public Works has agreed to enclose approximately 500 linear feet of open ditch along the Dover High School property. This project will alleviate a serious erosion problem along the ditch bank, and the proposed pipe will also allow better transmission of storm water through this drainage basin. In addition, this project will eliminate the safety concerns of area residents associated with a large open ditch. Bid specifications were prepared by the Department of Public Works which included two (2) different piping options. The first option evaluates the construction of twin 60" diameter pipes, and the second option evaluates the construction of twin 72" diameter pipes. Other sections of this drainage ditch in the vicinity of the Del Vets Club were enclosed approximately ten years ago. The City Engineer will choose the final pipe diameter prior to preparing the purchase order. Bids were solicited and received as follows:
Option #1 Option #2
Vendors (60" Diameter) (72" Diameter)
Contech Construction Products, Inc. $33,266.60 $53,343.80
Utility Piping Systems, Inc. $35,170.10 $56,417.08
Lane Enterprises, Inc. $44,265.20 $60,018.00
Funding for the project is available through Suburban Street Aid Agreements provided by area legislators and will have no impact on the City's operating or capital budget.
Staff recommended awarding the bid to Contech Construction Products, Inc. in an amount not to exceed $53,343.80 for the purchase of the appropriate size storm water piping to complete the Dover High School Ditch Project.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation authorizing the issuance of a purchase order to Contech Construction Products, Inc., New Castle, Delaware, in an amount not to exceed $53,343.80 for the purchase of the appropriate size storm water piping to complete the Dover High School Ditch Project. The motion was seconded by Mr. Truitt and carried by a unanimous roll call vote.
Evaluation of Bids - Playtex Transformers - Conversion of System from 22KV to 12KV
Presently, the Playtex facility located on Walker Road receives power at the 22KV level provided by an older underground delta system. The system, which appears to be poorly designed, presents safety and operational problems and has led to equipment failures and outages on several occasions. After discussions with Playtex, it has been determined that the 22KV to 12KV conversion is the best solution. This also has the added benefit of contributing to the City’s Long Range Plan of eliminating the 22KV system.
Staff proposed to purchase five (5) three-phase 12KV to 480 volt transformers which are required to make this conversion. City crews will coordinate with Playtex to exchange the existing transformers with the new transformers and relocate the service tap from the 22KV to a 12KV circuit which will be constructed from Walker Road south along the railroad tracks. This will be a dedicated feeder for Playtex. Based on bid requirements and delivery time, staff recommended awarding the bid for the five (5) transformers to Wesco in the amount of $93,900.20.
Members were reminded that during the Special Legislative and Finance Committee Meeting held on August 20, 2001, it was recommended that staff be authorized to purchase and install the transformers inside Playtex and to draft an agreement which stipulates that the City owns the equipment and that, once the problem is corrected, future repairs would be the responsibility of Playtex.
In response to several concerns, members were advised that the City currently owns the transformers at Playtex and that it is the City’s responsibility to replace the transformers at this time.
After much discussion, the committee recommended approval of staff’s recommendation to award the bid for the purchase of five (5) transformers to Wesco in the amount of $93,900.20, authorizing the Interim City Manager to negotiate an agreement with Playtex that stipulates that the City will own the equipment and, once the problem is corrected, future repairs and replacements will be the responsibility of Playtex.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.
Emergency Repairs by Sole Source Vendor at St. Jones Substation
During the committee meeting held earlier this evening, members considered emergency repairs at the St. Jones Substation. Members were advised that a failure of transformer 22-12-60-1 at the St. Jones Substation occurred on August 8, 2001. An investigation was conducted which indicated that the tap changer had a B phase contact failure resulting in the loss of the transformer. Previous test records show no indication that there were any problems with the transformer or the tap changer. At the City’s request, Potomac Testing evaluated the damage and estimated the cost of repair to be $45,000. The transformer is a 24-year old General Electric LRT200A-2 that is no longer manufactured or supported by General Electric. After searching regional vendors including Potomac Testing, EMC (Electric Motor Contracting) and Reuter-Haney, Potomac Testing was the only company located available in this area that has successfully made repairs on this make and model and that were interested in providing an estimated cost for repairs.
It was noted that this is a low-cost repair compared to the long-term solution of replacing the transformer. The Electric Department will ultimately recommend replacement of the transformer with two (2) 15 MVA transformers at an estimated cost of $750,000, which will be included in the next Capital Investments Plan. Staff recommended the hiring of Potomac Testing as a sole source vendor for the emergency repair of transformer 22-12-60-1 at the St. Jones Substation in the amount of $45,000.
The committee recommended approval of staff’s recommendation.
Mr. Ruane moved for approval of the committee’s recommendation to authorize the hiring of Potomac Testing as a sole source vendor for the emergency repair of transformer 22-12-60-1 at the St. Jones Substation in the amount of $45,000. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
Mr. Speed moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
APPOINTMENT (MAYOR HUTCHISON) - DOWNTOWN DOVER DEVELOPMENT CORPORATION
Mayor Hutchison recommended the appointment of Dr. Walter Raleigh Davis, III, to the Downtown Dover Development Corporation, as a private citizen representative. This appointment will fill the unexpired term of Mrs. Leytrice B. Henson, which will expire April 23, 2002.
Mr. Salters moved for approval of the appointment as recommended by Mayor Hutchison, seconded by Mr. Truitt and unanimously carried.
Mr. Speed moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:35 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 10, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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