REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 27, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Lambert was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, 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 Christiansen 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 Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey requested that item #4 - Presentations be considered before item #3 - Proclamations. Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1999
The Minutes of the Regular Council Meeting of September 13, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
REMARKS BY JAMES O’CONNOR - DOVER CITY MANAGER
Mr. O’Connor explained the effects the summer drought and recent hurricane have had on the City of Dover. In June, the minor water problem was due to failure of a pump; not the lack of water. Mr. O’Connor indicated that the City had no appreciable decline in aquifer levels and that the drought had little or no effect on the City’s water system. He stated that the City maintains approximately 25 foot coverage of the wells, of which there may have been a four (4) foot drop during that period; however, as long as there is rain to the north, our aquifers are recharged. The City has historically planned and invested in assuring that water supplies would be available to meet the needs of today, as well as the future.
In regard to Hurricane Floyd that recently came through Dover, Mr. O’Connor stated that we received 8.44 inches of rain in the City limits in a very short period of time. Flooding was limited, there were a couple of sewer backups, and there were only nine (9) minor electrical outages caused by trees and branches. Mr. O’Connor stated that there were electric crews sent to assist Conectiv in New Castle County, indicating that we were able to assist the utilities in our surrounding areas as well as maintain our own system.
PRESENTATION - 1999 STATE OF DELAWARE MAJOR LEAGUE CHAMPIONS
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, Dover Little League's Major League All Stars recently won the 1999 State of Delaware Major League Championship and participated in the East Regional Tournament held in August 1999, in Bristol, Connecticut; and
WHEREAS, such a feat has not been accomplished since 1973 when this year's manager, Roger Ridgeway, was a team member and before that, in 1964 when one of this year's team coaches, Zach Carter, was a team member; and
WHEREAS, special commendation is due all team members, the manager, and coaches, and it is deemed an honor and privilege to present this certificate, as follows:
Roger Ridgeway - Manager
John Semans - Coach
Zach Carter - Coach
Shelton Beckham
Matt Carey
Alex Carter
Ben Carter
Trey Evans
Tim Holden
James Johnson
Corey Lucas
Blair Newman
Ray Paylor
Roger Ridgeway, Jr.
Todd Sammons
Dover Little League - Major League All Stars
1999 STATE OF DELAWARE
MAJOR LEAGUE CHAMPIONS
Congratulations from the City of Dover
September 1999
The Certificates were presented by Mayor Hutchison, with the assistance of Councilman Carey and Fire Chief Carey, whose grandson and son, Matt Carey, was a team member. Mayor Hutchison noted that Mr. Ridgeway, Team Manager, and Mr. Carter, Coach, are also City of Dover employees.
PRESENTATION - 1999 EAST REGIONAL CHAMPIONS - DELAWARE DISTRICT I
The City Clerk read the following Certificate of Recognition into the record:
In recognition of the Big League District I All Stars, representing Delaware District I in the 1999 East Regional Tournament held July 30, 1999 through August 4, 1999, defeating teams from Rhode Island, Delaware District III, New York, and Pennsylvania and, as the winning team, represented the East at the World Series in Tucson, Arizona, special commendation is due all team members. It is deemed an honor and privilege to present this certificate to:
Mayor Robert Newnam of Smyrna, Manager
(Smyrna Clayton Little League)
Wells Faries, Coach (Smyrna Clayton Little League)
Gordon Gelley, Coach (Smyrna Clayton Little League)
Matt Carson, Smyrna Clayton Little League
Dwayne Demby, Camden Wyoming Little League
Kyle Demby, Felton Little League
Derek Haley, Smyrna Clayton Little League
Frank Henry, Smyrna Clayton Little League
Rob Lorntzen, Dover Little League
Wally McClure, Dover Little League
Brian Nabb, Smyrna Clayton Little League
Mike O'Neill, Smyrna Clayton Little League
Mike Rausch, MOT Little League
Mark Razzano, Felton Little League
Keith Seeney, Marydel Little League
Ian Snell, Camden Wyoming Little League
Jim Starkey, Dover Little League
John Zimmerman, Felton Little League
Big League District I All Stars
1999 EAST REGIONAL CHAMPIONS
DELAWARE DISTRICT I
Congratulations from the City of Dover
September 1999
The Certificates were presented by Mayor Hutchison, with the assistance of Mr. Leary and Mrs. Malone. Mayor Newnam thanked the City of Dover for the recognition.
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, approximately 80 percent of all fire deaths occur in the home; and
WHEREAS, smoke detectors provide early warning of fire and reduce the risk of dying in a home fire by 50 percent; and
WHEREAS, smoke detectors should be tested regularly and batteries should be replaced at least twice a year; and
WHEREAS, the Robbins Hose Company, Inc., serving as Dover’s volunteer fire department, is dedicated to the protection of life and property from the devastating effects of fire.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of October 3, 1999 through October 9, 1999 as "FIRE PREVENTION WEEK" in the City of Dover, and urge all citizens to participate in fire prevention activities at home, work, and school, to test their smoke detectors and to install fresh batteries in those smoke detectors.
The Proclamation was presented to Fire Chief Carey by Mayor Hutchison, Mr. Carey (Past Fire Chief), and Mr. Truitt (Chairman of the Safety Advisory Committee). Chief Carey advised members that Mr. Carey (Past Fire Chief, Councilman, and father) was selected Fireman of the Year for the State of Delaware for 1999.
PROCLAMATION - HALLOWEEN OBSERVANCE
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and
WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats, as is the custom of the celebration of Halloween; and
WHEREAS, the observation of this holiday brings joy to many children as they travel with friends and families, showcasing their costumes; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Saturday, October 30, 1999 between the hours of 6:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween Trick-or-Treat observance shall be held on the 30th day of October, 1999 between the hours of 6:00 p.m. and 8:00 p.m.
2. That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time in an effort to maintain a fun and safe environment for everyone participating in the festivities.
PUBLIC HEARING - PARTIAL CLOSURE OF EAST LOOCKERMAN STREET, RUNNING EAST TO WEST, BETWEEN THE ALLEY OF S. EDGEHILL AVENUE AND S. EDGEHILL AVENUE
A public hearing has been duly advertised for this time and place to consider the partial closure of East Loockerman Street, making that portion between the alley of S. Edgehill Avenue and S. Edgehill Avenue, one-way, eastbound.
The City Planner, Mr. DePrima, briefed members on the discussions that have occurred among the various committees regarding this issue during the past several months. He noted that in recommending approval of the partial closure for that portion of East Loockerman Street, the Utility Committee felt that the partial closure should be accomplished in a temporary manner that is aesthetically pleasing, for a period of one (1) year, with a three (3) month progress report provided and that the matter be submitted for reconsideration in six (6) months. Mr. DePrima noted that staff provided members with a diagram of the proposed temporary closure.
Council President Christiansen declared the hearing open.
Mr. Javan Davis, 635 Nimitz Drive, indicated his support for the proposed closure on E. Loockerman Street. He noted that the City has reviewed this issue for several years and will continue to do so unless action is taken in an attempt to rectify the problem. It was his feeling that the City has taken the necessary steps and has submitted an appropriate recommendation. Mr. Davis alluded to comments made at a previous meeting regarding E. Loockerman Street being only 24’ wide, with no sidewalks, and urged members to approve the proposed closure.
Mr. Bill Murray, 745 E. Loockerman Street, thanked members of Council and City Staff for the work that has been accomplished on this project. He indicated that there were several residents in the audience in favor of the proposed partial closing and requested that those residents stand to be recognized (it is noted that 15 people stood).
Mr. Ellis Rath, 797 E. Loockerman Street, referred to the many studies that have been performed and all the hard work that has been done with regards to the traffic concerns on E. Loockerman Street. He felt that it is time to take action in making this street safer for the residents and the children of E. Loockerman Street.
Mr. Robert Tudor, E. Division Street, relayed his opposition to the proposed alteration of E. Loockerman Street. It was his feeling that this street is not overloaded in relation to what it was designed for anymore than any other street in the City. He reminded members that they must consider the City as a whole and the effect that the proposed partial closing could have on surrounding streets. Mr. Tudor also relayed concern with the effect the closure could have with setting a precedence and of other problems that will result from individuals utilizing the alley or shopping center to avoid the closure.
Mr. Richard Davila, 45 S. Edgehill Avenue, stated that he has not been involved in previous discussions and was confused with the specific details of the proposed partial closure.
Responding, Mr. DePrima stated that the street area proposed for closure consists of a 140 foot section of E. Loockerman Street, beginning at the alley behind “Where Pigs Fly” and ends at S. Edgehill Avenue. Mr. DePrima invited Mr. Davila to review a diagram of the proposed partial closure for clarification.
At the request of Mrs. Malone, those in attendance that were opposed to the proposed partial closing stood to be recognized (it is noted that 6 people stood).
Mr. Weller moved to proceed with the Transportation Review and Utility Committees’ recommendation to make that portion of East Loockerman Street, between South Edgehill Avenue and the Edgehill Avenue Alley, one-way, eastbound, stipulating that a three (3) month progress report be provided and that the matter be submitted for reconsideration in six (6) months. The motion was seconded by Mrs. Malone.
Council President Christiansen suggested that, prior to proceeding with the proposed closure, a current traffic count be conducted on E. Loockerman Street, South Edgehill Avenue, and South Halsey Road, and that an additional traffic count be taken in three (3) months to be incorporated in the progress report.
In response to Mr. DePrima, Council President Christiansen requested that, although a traffic count was performed during the study phase not long ago, a more current traffic count be performed immediately prior to the partial closure of E. Loockerman Street.
Mr. Weller agreed to amend his motion, as did Mrs. Malone her second, to include the suggestion for a current traffic to be conducted as requested by Council President Christiansen.
On a call for the question, the motion was carried by a roll call vote of five (5) yes, three (3) no (Mr. Pitts, Mr. Leary, and Mr. Salters) and one (1) absent (Mr. Lambert) and Council adopted the following Resolution:
A RESOLUTION PARTIALLY CLOSING A CERTAIN STREET SITUATED IN THE CITY OF DOVER, MAKING THAT PORTION OF EAST LOOCKERMAN STREET, BETWEEN SOUTH EDGEHILL AVENUE AND THE EDGEHILL AVENUE ALLEY, ONE-WAY, EASTBOUND.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby closes a certain street as follows:
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being a portion of East Loockerman Street running east to west, between the alley of S. Edgehill Avenue and S. Edgehill Avenue, being 25 feet wide and approximately 140 feet in length, comprising 3,500 square feet, more or less.
Section 2. Since no person has been deprived of property by the partial closure of the aforesaid street, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid street.
ADOPTED: September 27, 1999
To clarify the sequence of events, Mr. O’Connor indicated that once the traffic counts have been conducted, the barriers will be erected to close the street. The entire process should be accomplished within 60 to 90 days.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 13, 1999 with Chairman Salters presiding.
Request to Transfer Impact Fee Credit - Dover Mall
In accordance with Section 22-258 of the Dover Code, the transfer of paid impact fees is permitted with the approval of City Council. A request was received from Unisex Palace Hair Design for the transfer of EDU credits. Unisex Palace Hair Design is currently a tenant at the Dover Mall and will be moving to a new location at the Dover Commons after July 31, 1999. The transfer of the EDU credits will avoid the requirement to pay impact fees at the new location. Officials at the Dover Mall have indicated that if the hair washing stations, drains, and water supply lines are capped flush with the existing wall, they will agree that the EDU credits be transferred to the new Unisex location at the Dover Commons. The City has received confirmation from the Dover Mall indicating that the fixtures were removed and a request that the EDU credits for space #4012 (24 hair washing sinks) and space #4018 (3 hair washing sinks) of the old Unisex stores be transferred to the new Unisex Palace at the Dover Commons with the stipulation that any credits not used be credited to the Dover Mall. Staff recommended approval of the request.
Mr. O’Connor assured committee members that the business acquiring the spaces vacated by Unisex Palace at the Dover Mall would be required to pay impact fees based on their fixtures established at the space.
The committee recommended approval of the request of Unisex Palace Hair Design for the transfer of paid impact fees from the Dover Mall to the Dover Commons, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried.
Request of the Downtown Dover Development Corporation to Amend the Fire Regulations of the Dover Code Regarding Bed & Breakfast Establishments
During the Downtown Dover Development Corporation (DDDC) meeting of July 14, 1999, members recommended that the City consider an amendment to the Dover Code regarding Fire Regulations for bed & breakfast establishments to conform to the State Fire Regulations. The City’s current fire regulations require that either a sprinkler system or that a means of egress from each sleeping area be provided. A responsibility of DDDC is to enhance and revitalize Downtown Dover. There has been a recent demand for bed & breakfast establishments in the Dover area; however, due to the stringent fire regulations in the City, it is economically and/or aesthetically difficult for potential clients to locate in Downtown Dover.
According to Fire Marshal Truax, the State of Delaware utilizes the Delaware State Fire Prevention Regulations as its foundation for fire code requirements. The State Fire Marshal’s Office has adopted, as amendments to the State Regulations, selected codes from the National Fire Protection Codes and does not use the BOCA National Building or Fire Prevention Codes. Although the City of Dover must follow the Delaware State Fire Prevention Regulations, as a municipality, additional ordinances and national codes can be adopted to enforce building and fire safety within the City limits. At the present time, the City references the Delaware State Fire Prevention Regulations, National Fire Protection Codes, BOCA National Building and Fire Codes and adopted City ordinances. The BOCA National Building Code requires bed & breakfast establishments to be sprinklered.
Fire Marshal Truax explained that bed & breakfast establishments that are not located within the City limits are not required to install a sprinkler system or provide a means of egress from sleeping areas on first and second floors. It is not until there is a third floor that a sprinkler system would be required. In the City, a bed & breakfast establishment would be required to either install a sprinkler system or provide a means of egress from each sleeping area. Mr. Truax stated that the City has some unique, very large one (1) and two (2) family homes that can present a problem should there be a fire. He explained that homes in the City are in close proximity to one another. There are several older homes that were “balloon” constructed, meaning that they are opened from the basement to the attic, providing no way of stopping a fire which will take control of a home very quickly. These are situations that also pose a severe threat to firefighters who apprehend such buildings. Sprinklers would provide additional safety for the firefighters, as well as any occupants, and helps to preserve historic buildings.
Fire Marshal Truax stated that the Fire Marshal’s Office is not only charged with enforcing fire codes, but also with protecting all citizens and visitors of the City, along with safeguarding liability issues for the City. He informed members that 82% of fire related deaths occur in residential occupancies. When a one (1) or two (2) family home is converted into a bed & breakfast, there is responsibility of the owner and the City to provide visitors safety. He explained that the fire regulations have been established based on what has been learned in the past - knowing that history repeats itself. Fire Marshal Truax stated that nowhere is that more prevalent than in the history of fire, indicating that when there has been large numbers of lives lost, it has been due to no early detection and no sprinkler system, particularly in residential buildings when people are sleeping.
The committee recommended denial of the request of DDDC to amend the fire regulations of the City of Dover regarding bed & breakfast establishments.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried.
Firing Range Upgrade
The Police Department’s Firing Range needs renovation and upgrading to meet standards. Funding has been provided in this year’s budget for upgrade of the air handling system and associated range equipment in order to complete the project. Placing the range back in service is expected to save several hundred man-hours per year by allowing on-site training to be performed.
The Police Department submitted a request to contract with the Aim Air Company of Patterson, New Jersey for the installation of an air handling system and associated equipment for $26,869. Aim Air Company has extensive experience in firing range renovation and offers a patented “Air Wall” system that is used extensively in the State of New Jersey. In addition, the company has been recommended by Compliance Environmental Inc., the City’s contract environmental engineering company. Examples of their work have been examined by the Police Departments in both New Jersey and Delaware. Based on this information, staff requested that this purchase be classified as Sole Vendor/Specialty Supplier. The City’s Building Maintenance Department will perform the building renovations. Staff recommended that the air handling system be purchased for $26,869 from the Aim Air Company.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of a contract with Aim Air Company of Patterson, New Jersey for the installation of an air handling system and associated equipment for $26,869. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Lambert absent).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on September 13, 1999 with Chairwoman Malone presiding.
Request of Dover Recreational Facilities Committee (DRFC)
General Vetter, Co-Chairman of the Dover Recreational Facilities Committee (DRFC), addressed committee members in response to correspondence from the City of Dover dated August 20, 1999, requesting that the DRFC perform two (2) additional tasks that are vital to the efforts of making the recreational facility a reality. The first task would be to develop a business plan that would give better information concerning how the facility is to be operated. The plan should include proposed fees and a realistic anticipated operational deficit. The plan would be essential in any discussion about a proposed referendum and should be developed with the assistance of the City’s Finance Director/Treasurer. The second task would be to have basic engineering performed on the proposed building site in order for the project to move forward.
General Vetter advised members that the DRFC has reviewed the City’s requests and wanted to provide members an interim progress report at this time. With regard to the latter task, General Vetter stated that the availability of utilities had already been investigated. The City’s Director of Public Works, Mr. Scott Koenig, has indicated no potential problems with acquiring water, sewer, telephone, and electric services on the Schutte Park site. Mr. Koenig contacted the architect and, together, will select a site survey team and a boring team who will provide a topographical plot plan of the building site. They will then physically locate the building on the topographical plot plan, at an estimated cost of $17,000, and accomplish the 18 test borings, at an estimated cost of $9,000, to assure that the soil and compaction will handle the type of building proposed. Involved is a “first order” survey monument, necessary benchmarks, and a grading plan. These are reasonably quick, non-disruptive, low-cost items which can easily be paid for by remaining funds. He advised members that there is an amount of $11,800 available from the
conceptual study performed by the DRFC and Hayes, Seay, Mattern & Mattern, Inc. (HSMM), the assisting architect, and an amount of approximately $5,200 available from the $350,000 we received in last year’s FY1999 Community Redevelopment Fund monies.
General Vetter stated that the first task has been divided into two (2) segments. First, the DRFC will need to detail, to the extent possible, the expected manner in which the proposed facility is to be operated: hours and days of operation; anticipated manning; library hours; etc. Secondly, the DRFC will accomplish a market survey or operational pro-forma study and report. Together they will make up a type of “business plan”. In order for this to be accomplished as objectively and as reliably as possible, it will be a joint venture for the DRFC, the Parks and Recreation Department staff, HSMM, and many others. The most difficult part will be to determine the number and characteristics of our intended users to include age, sex, marital status, location, perceived needs, travel distance, income level, and a host of other characteristics which must be known and ranked for importance. At the same time, data on the cost of wages, utilities, clean-up, and general maintenance of the proposed facility will need to be developed. General Vetter stated that since only the Conceptual Stage has been completed for this project, there are no blue prints, final floor plans, final selection of heating and air-conditioning equipment, etc. However, only by contrasting the anticipated costs of operation at various usage levels and user rates against the total anticipated income, can we begin to understand the income versus cost-to-operate relationships and answer the question - can we keep user fees low enough to assure high user rates, yet have fees high enough so that net income will be close to the breakeven point and avoid any possible taxpayer burden.
General Vetter also explained that the determination of who the projected users are and what they will likely pay to use is quite difficult. Fortunately, HSMM was able to identify several firms who specialize in such work. It will require a full demographic review of Kent County, including its major towns and cities, and a great deal of data collected throughout our general geographic area. Much of this, of course, will be achieved through skilled sampling techniques and census data already available. The DRFC has no such data and, to assure complete objectivity, this part of the effort should be accomplished by a private contractor or consultant firm, which would provide briefings to City Council, answer questions, and provide input data to DRFC. Sports Management Group of Kansas City has been contacted to perform a Feasibility Study. This group is one of the best in the country for such work and has been used extensively by HSMM and other leading architectural firms. The costs for such a study will consist of the Operational costs, estimated at $15,000 and Market Study costs, estimated at $10,000. The funds are currently available and, upon authorization, DRFC will have the final update of the new Architectural Plan for Council during their meeting scheduled for September 27, 1999. There are provisions in the architects draft contract which would allow them to provide general floor plan detail and an estimate of operating costs for use by the consultant firm.
General Vetter stated that the total cost of the proposal, including the engineering and site work and marketing and operational pro-forma studies and their presentation, should not exceed $51,000. This information will give the City a much better level of confidence regarding the actual site, expected usage rates, and the economic aspects of creating such a facility. General Vetter indicated that the DRFC is requesting approval to proceed and submit to the City Manager’s Office the final draft of the architectural contract which was developed with HSMM. He stated that a follow-up report is expected to be provided to members in October. General Vetter estimated that the studies will take an approximate 30 to 60 day effort, depending on the number of team members.
The committee recommended acceptance of the report and recommendations of DRFC.
Members of Council were provided a copy of Exhibit D of the Summary of Optional Additional Services included in the Fee Proposal for Professional Design Service provided by HSMM, which indicated the fees and estimated reimbursables, as follows:
Estimated
Labor Reimbursables
Geotechnical Services $ 6,533.00 $ 500.00
Site Survey $17,100.00 $ 500.00
Market Analysis & Financial Feasibility $24,340.00 $5,400.00
Mr. O’Connor explained that a budget of approximately $60,000 would be necessary to complete the tasks. There currently is approximately $11,000 remaining from the initial investment for the engineering and architectural studies and $350,000 granted by the Bond Bill Committee.
Mrs. Malone moved for approval of the committee’s recommendation, seconded by Mr. Carey.
At the request of Mr. Leary, Mr. O’Connor stated that the methodology utilized will be included in the report for the market analysis and financial feasibility.
Responding to Mr. Truitt, Mr. O’Connor explained that approval of the committee’s recommendation includes authorization to sign the architectural contract developed with HSMM at a cost not to exceed $60,000. He stated that the estimated reimbursables are expenses for the City not reimbursements. An example of the estimated reimbursables would be those expenses incurred for having experts and/or professionals come from out of town; the City would reimburse those individuals for their expenses. Mr. O’Connor also explained that the amounts are estimated, which is why a “not to exceed” amount of $60,000 has been requested.
On a call for the question, the motion was carried by a unanimous roll call vote (Mr. Lambert absent).
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
COMMUNICATIONS COMMITTEE - BASIC CABLE SERVICE RATE RELATED FCC FORM 1240 AND EQUIPMENT, INSTALLATION AND SERVICE CHARGES RELATED FCC FORM 1205
In the absence of Chairman Lambert, Mr. Weller reported that Comcast Cablevision of Delmarva, Inc. (Comcast) filed FCC Form 1240, relating to the basic cable service rate and Form 1205, relating to equipment installation and service charges. It was noted that the forms were filed with the City August 1, 1999 and that the City had 90 days to act. In summary, the filings indicate that the rate for basic cable service is calculated to increase to $16.56 per month as compared to the current rate of $16.06. Various equipment and installation charges are also calculated to increase. The rate for a non-addressable converter is calculated to decrease from .55¢ per month to .43¢ per month. Comcast has mentioned that they are not going to raise the rate for basic cable service and charges for equipment and installation. The company will reduce the rate for non-addressable converters.
Mr. Weller advised members that the Communications Committee held a public hearing on September 13, 1999. Although no member of the public was present to comment on the rate filing, a letter was received from Donna and Michael Baize of 46 Blades Drive indicating opposition to the rate increase. A telephone call was received from Mrs. Robinson of 347 South Bay Drive expressing concern about the recent rate increase and some programming. It was noted that Mrs. Robinson lives outside of city limits.
The Communications Committee recommended adoption of the FCC Form 1240 and FCC Form 1205 as filed by Comcast.
Mr. Weller moved for approval of the Communications Committee’s recommendation, seconded by Mr. Leary and carried with one (1) no (Mr. Truitt), one (1) abstention (Mrs. Malone) and one (1) absent (Mr. Lambert).
Mrs. Weller moved for acceptance of the Communications Committee Report, seconded by Mrs. Malone and unanimously carried.
MONTHLY REPORTS - AUGUST 1999
By motion of Mrs. Malone, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
APPOINTMENT (COUNCIL PRESIDENT) - CITY OF DOVER PARKS AND RECREATION COMMITTEE
Council President Christiansen recommended the appointment of Mr. Javan Davis to serve as a civilian member of the Parks and Recreation Committee. This appointment is to fill the unexpired term of Mr. von Reider.
Mr. Leary moved for approval of the appointment of Mr. Javan Davis as recommended by Council President Christiansen. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Weller moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:47 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 27, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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