REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 11, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, 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 to speak during the Open Forum.
The invocation was given by Reverend Ronald Jackson, followed by the Pledge of Allegiance led by Boy Scout Troop 24 from Camden.
AGENDA ADDITIONS/DELETIONS
Mr. Weller moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 14, 1998
The Minutes of the Regular Council Meeting of December 14, 1998 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PRESENTATION - VETERAN’S CEMETERY
With no one available to make the Veteran’s Cemetery presentation, Council President Christiansen indicated that the item would be deferred until later in the meeting. Ms. Eve Harrison arrived shortly thereafter and explained that she encountered a traffic accident which caused her to be late for the meeting. Because of the accident, Ms. Harrison was upset and requested that the presentation be delayed until the next Council Meeting. When this information became known, Council President Christiansen advised members of Council of the situation.
COMMUNICATIONS COMMITTEE REPORT - AMENDMENT TO FRANCHISE AGREEMENT
Mr. Lambert reported that the City’s Communications Committee has been working with several utility providers on Right-of-Way User Fees and Agreements since last year. He reminded members that the City has a Franchise Agreement with Comcast and has been working with them on the Right-of-Way concept and agreement. The Cable Franchise Agreement has been developed within the guidelines of the Cable Act and the Right-of-Way Agreement ties into the Franchise Agreement.
Members were provided the following information regarding major points and the proposed changes in the Franchise Agreement, as follows:
|
ITEM |
CURRENT |
PROPOSED |
|
Period |
7/9/1996 to 7/9/2001 - 5 Years |
A) 7/9/1996 to 7/9/2001 Initial Period B) If Comcast upgrades the current 450 MHz system to 750 MHz by 7/9/2001, then the Franchise Agreement will be extended until January 2014 |
|
Cable System |
Current Cable System is 450 MHz; Comcast planned to upgrade the system to 550 MHz |
Dover will receive a 750 MHz system by July 2001 or earlier |
|
Cable System |
----- |
The 750 MHz system will have: A) More channels B) Clearer channels C) Digital ready capabilities D) Faster modem will be available |
|
Fees to the City |
A) Franchise Fee B) 5% of the gross revenues C) Current year’s estimate is $251,000 - General Fund |
A) Right-of-Way Fee B) $260,000 subject to a cap which is 5% of Comcast’s gross revenue C) Total current year’s revenue to the City is estimated at $255,000 of which $170,000 will go to General Fund and $85,000 will go to Electric Fund |
|
Charge on the Bill shown as |
Franchise Fee |
Right-of-Way Fee |
|
Frequency of payment by Comcast to the City |
Quarterly |
Quarterly |
|
Technology opener clause |
----- |
The City will have a right to review the status of technology and open the discussion with Comcast every five years |
The Right-of-Way Agreement will be effective from January 15, 1999 (estimated) to July 8, 2001. If Comcast completes the upgrade of the system from the current 450 MHz to 750 MHz by July 8, 2001, this Agreement will extend to July 8, 2014 and become a 15½ year Agreement. The Deputy City Solicitor, Mr. Pepper, has reviewed the language changes in the Franchise Agreement and the draft Right-of-Way Agreement.
The Communications Committee met on December 18, 1998 and recommended approval of the First Amendment to the Franchise Agreement with Comcast Cablevision of Delmarva, Inc. Mr. Lambert noted corrections to the First Amendment to the Franchise Agreement, as follows: 1) the dates of July 9, 2001 and July 9, 2014 throughout the document, should indicate July 8, 2001 and July 8, 2014; and 2) on page 1, item #3, second paragraph, first sentence - delete “the expiration date of Franchise Agreement in effect immediately prior to the execution and adoption of this Amendment”. Mr. Lambert indicated that in accordance with a resolution adopted by City Council, he had signed the original Franchise Agreement on behalf of the City and requested permission to sign the First Amendment.
Mr. Lambert moved to approve the Communications Committee’s recommendation, seconded by Mr. Leary.
In response to Mr. Salters’ concerns regarding the possibility of the public being burdened with an increase in fees by Comcast due to the proposed agreement, Mr. Lambert suggested that Mr. Thomas Worley, Director of Government Relations at Comcast, be permitted to address this concern.
Mr. Leary moved to suspend the rules to allow Mr. Worley to address members of Council, seconded by Mr. Weller and unanimously carried.
Mr. O’Connor stated that a part of Comcast’s expansion will be the availability of premium channels which can be purchased by customers. Although the basic rates will not increase, Comcast is planning to market new items, which is how they plan to gain the necessary funds to offset the additional fees. Any cost increase to the tier service that occurs will be the result of FCC rules and will not be due to the upgrade in the system from 450 MHz to 750 MHz.
Mr. Truitt questioned if there will be improvements in reception, noting that some frequencies are received from satellites and others by antennas. He has experienced worse reception from those channels that are provided by antennas and questioned if the upgrade will improve reception for both satellite signals and antennas.
Responding, Mr. Worley explained that there are two areas where reception problems are encountered, one being in the cable plant (located in the City). Comcast intends to totally renovate the cable plant, which will provide more reliability with an improvement in picture quality. The other reception problem is due to the atmosphere causing interference in a signal that is coming from a distant station such as Saulsbury or Philadelphia. Comcast plans to connect to these stations by hard wire, which will eliminate any atmosphere interference.
Mr. Truitt noted that the franchise fee that the City receives increases each year, with an estimate of $251,000 for the current year. He questioned the proposed $260,000 right-of-way fee to be paid to the City and the proposed agreement being for 15 years; he relayed concern with this fee being too low.
Mr. Worley advised members that the proposed amount of $260,000 for the right-of-way fee is for the first year and that it is expected to increase each year.
In response to Mr. Leary, Mr. Worley stated that there will be three (3) benefits as a result of the upgrade, as follows: 1) total renovation of the cable station, which will provide better picture quality, cd quality sound and reliability; 2) additional channels packaged in a variety of purchasing options; and 3) the new plant will be interactive and have cable modems, which will allow customers to connect to the Internet, provide impulse pay-per-view, and provide an interactive cable guide. All these new services will cost money. By providing these services, Comcast will be able to recoup the costs of the upgrade. He indicated that any increase to the basic cable service will be the result of programming and related costs.
On a call for the question by Mr. Salters, the motion to approve the First Amendment to the Franchise Agreement with Comcast Cablevision of Delmarva, Inc. (as on file in the Office of the City Clerk) and to authorize Mr. Lambert to sign the necessary documents on behalf of the City was carried by a unanimous roll call vote (Mrs. Malone abstaining).
Mr. Lambert moved for acceptance of the Communications Committee Report, seconded by Mr. Leary and unanimously carried.
ANNUAL SALARY REVIEW - CITY MANAGER
The annual review of the City Manager is considered during the month of December, with the review date being effective January 1st of each year. Although the salary of the City Manager had previously been set by Council for January 1, 1999, Mr. Salters reported that the Salary Review Committee met during December 1998 to review the job performance of City Manager, James R. O’Connor and potential salary increases in the future. Members agreed that Mr. O’Connor is doing an excellent job for the City of Dover and recommended that the following salary increases be approved:
January 1, 2000 - $5,000
January 1, 2001 - $3,000
January 1, 2002 - $3,000
Mr. Salters moved for approval of the salary increases and outstanding performance report for City Manager, Mr. O’Connor, as recommended by the committee. The motion was seconded by Mr. Lambert and carried by a unanimous roll call vote (Mrs. Malone absent).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 14, 1998 with Chairman Salters presiding.
Purchase of Vehicles - Police Department
The Police Department purchases a certain number of vehicles every year through its budget in accordance with the City of Dover Capital Investments Plan. This year the department is requesting to purchase these vehicles from Hertrich Fleet Services utilizing the State of Delaware purchasing contract. The details for this purchase are as follows:
Four (4) Ford Police Sedans at $20,162 each $80,648
Six (6) Ford Taurus Sedans at $14,030 each 84,180
Total $164,828
The Police Department’s fiscal 1999 budget includes $176,000 for the purchase of ten (10) police vehicles. This request is $11,172 below the amount budgeted. Should Council approve the request, the purchase order will be issued on January 12, 1999 and the vehicles should be received by May 31, 1999.
Mr. Christiansen noted that there are a number of police vehicles parked behind the station at various times and questioned the actual number of marked and unmarked vehicles that are parked compared to those being operated. Mr. O’Connor responded that he was not certain of the exact number, however, he stated that in order to avoid running the vehicles for 16 straight hours, some vehicles will sit idle.
Responding to questions of the committee, Mr. O’Connor stated that until now the Crown Victoria was the only vehicle that carried the police package; the Ford Taurus now has the police package available. He also advised members that the older vehicles will be sold or used in other departments.
The committee recommended acceptance of staff’s recommendation, pending the receipt of information from Mr. O’Connor regarding the actual number of marked and unmarked vehicles that are parked compared to those being operated by the Police Department.
Mr. Salters moved to authorize the purchase of four (4) Ford Police Sedans ($20,162 each) and six (6) Ford Taurus Sedans ($14,030 each) at a total cost of $164,828 from Hertrich Fleet Services utilizing the State of Delaware purchasing contract, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on December 14, 1998 with Chairman Lambert presiding.
Middle West Service Company Report
The City’s electric bond resolutions require that the City retain an independent engineering consultant to inspect the City’s electric system and to review the electric budgets and insurance program. The City’s current engineering consultant is Middle West Service Company. Members reviewed their Annual Report for Fiscal Year 1998/99. A summary of the report is as follows:
1. Discussion on the working of Duke/Fluor Daniel arrangement for the power plant management.
2. Confirmation that the Transmission and Distribution systems of the City are generally in good condition, well maintained and operate efficiently.
3. A recommendation that a long range plan for our T&D system be prepared (currently in progress).
4. A mention on continuous improvement in grounding and outage problems as well as the conversion of 4Kv to 12Kv.
5. A discussion on the project and funding approval process and the fact that the City has placed more emphasis on the justification of projects.
6. A mention that the revenue and expense budgets for 1998-99 provide for the adequate operation and maintenance of the electric system according to sound utility practices.
7. A discussion of funding of the Improvement and Extension Fund.
8. A conclusion that, for fiscal year 1998-99, the rates are adequate from the bondholder’s point of view.
9. A review of the insurance program for our electric system.
In an effort to minimize costs, a representative from Middle West Service Company was not invited to attend the committee meeting; however, members were assured that if there were any questions or concerns, staff would contact Middle West Service Company for a response. It was noted that the fee for this report is $16,700, including expenses. Staff recommended acceptance of the report as submitted.
The committee recommended acceptance of the report.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.
Bid - Boring at Various Locations For Electric Line Repairs And Upgrades
Many of the electric distribution lines in the City are deteriorating due to age and heavy use. A number of areas on our system currently have lines that have been in place for more than thirty (30) years. The age of these lines, combined with ever-increasing electric demand are causing voltage and reliability problems.
As the problem areas are identified, and in keeping with the policy of underground installation of electric service whenever and wherever possible, staff would like to convert the areas from overhead to underground service. For this purpose, directional boring of these affected areas is needed.
Bids for directional boring at various locations in the City, based on the cost per foot for boring, were received as follows:
Joseph R. Smith, Inc. $ 5.50 (2" bore over 1,000 feet)
White’s Construction Co., Inc. $10.00 (2" bore over 1,000 feet)
The majority of the work is for 2" boring. Joseph R. Smith was the low bidder for 2", 4" and 6" bores of less than or greater than 100’. Mr. O’Connor stated that the prices for the various diameters are as follows:
2" - $5.50 3" - $6.25 4" - $7.50 6" - $14.00
The budget will be revised with funds from the beginning balance in the Improvement and Extension Fund through the second budget revision in January 1999. The work performed under this bid will begin in January 1999 and continue through December 1999.
Staff recommended awarding the contract to Joseph R. Smith, Inc. for directional boring on the electric system at various locations in the City for an amount not to exceed $300,000.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the contract to Joseph R. Smith, Inc. for directional boring on the electric system at various locations in the City for an amount not to exceed $300,000, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Proposed Ordinance - Repealing Ordinance of September 7, 1914
In 1914, the City of Dover passed an ordinance granting conditional use of City rights-of-way to the Diamond State Telephone Company. Since that time, there have been many changes in both the telephone company and City of Dover that have caused a need to address this agreement.
Since the subject matter of the 1914 ordinance is now covered by other ordinances, Deputy City Solicitor Pepper prepared an ordinance to repeal the 1914 ordinance. The proposed ordinance would allow for a new agreement to be considered with Bell Atlantic Delaware.
Mr. Lambert explained that the 1914 Ordinance allows Bell Atlantic Delaware to use the City’s rights-of-way free of charge. The proposed ordinance would automatically place Bell Atlantic under existing ordinances which requires payment for use of the City’s rights-of-way.
During the committee meeting, Mr. Lambert advised members that the City Solicitor has reviewed the matter and, while there may be some resistance from Bell Atlantic, the Solicitor feels confident that the City is well within its rights to repeal the Ordinance.
Staff recommended adoption of the proposed ordinance repealing the September 7, 1914 Ordinance, which granted conditional use of City rights-of-way to the Diamond State Telephone Company.
The committee recommended adoption of the proposed ordinance, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the proposed ordinance will take place during the latter part of the meeting).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
MONTHLY REPORTS - NOVEMBER 1998
Mr. Carey moved for acceptance of the following monthly reports for November 1998, seconded by Mr. Leary and unanimously carried:
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Responding to Mr. Truitt regarding page one of the Chief of Police Report, Chief Faulkner assured members that the amount indicated as an increase of complaints over the same period in 1997 would be reviewed.
In response to Mr. Weller, Mr. DePrima stated that staff works diligently to resolve every complaint received. There are instances when a complaint has been made and there has been no code violation, in which case no action is necessary; however, the individual that made the complaint is contacted and advised accordingly.
Mr. Weller referred to the City Manager’s Report, Electric Department Section, Item E - Environmental Affairs, and questioned the City coordinating the sale of old and obsolete transformers and contaminated soil. Responding, Mr. O’Connor stated that there has been a market for contaminated soil and that the City currently has some for sale.
Responding to Mr. Weller regarding a meeting held with Ms. Dian Taylor of Artesian Water (as noted in the Mayor’s Monthly Report), Mr. O’Connor explained that the City is in the market of selling water and Artesian owns water companies south of Dover. They are also investigating the possibility of expanding into this area and north of Dover. Should they proceed with purchasing some of these rights, the City of Dover may be the water supplier of choice. The City would then be the seller, provided Artesian acquired the necessary franchise fees. Mr. O’Connor stated that there was also some discussion regarding interconnections and attempts to coordinate the development of the water system throughout the State of Delaware.
Mr. Salters moved for acceptance of the Chief of Police Report, Planning and Inspections Report, and the City Manager's Report for November 1998. The motion was seconded by Mr. Leary and unanimously carried.
REZONING REQUEST/FIRST READING - 15 PARK DRIVE - RHOSLYN J. AND DOROTHY T. BISHOFF
A request was received to rezone property located at 15 Park Drive (lots #47, #48, #49, and #50), owned by Rhoslyn J. and Dorothy T. Bishoff. The property is currently zoned R-10 (Single Family Residential) and the requested zoning is C-PO (Commercial/Professional Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Weller, Council unanimously referred the request to the Planning Commission and set a public hearing for February 8, 1999 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 15 PARK DRIVE.
FIRST READING - PROPOSED ORDINANCE
Mr. Weller moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Carey and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of January 25, 1999.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Carey and unanimously carried:
Proposed Ordinance - Repealing Ordinance of September 7, 1914
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of December 14, 1998.
Article II - Definitions, Section 2 - Eligibility Period
Mr. Salters moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone 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 the Dover Code, Appendix C - Downtown Redevelopment, Article II - Definitions, be amended by deleting Section 2, Eligibility Period, in its entirety and inserting in lieu thereof, the following:
Section 2. Eligibility Period shall mean the period between January 1, 1991, and December 31, 1999.
ADOPTED: January 11, 1999
Article III - Eligibility, Section 3, Subsection (c)
Mr. Salters moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone 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 the Dover Code, Appendix C - Downtown Redevelopment, Article III - Eligibility, Section 3, be amended by adding a new subsection (c), as follows:
C)Issuance of the Certificate of Occupancy and/or the completion and finalization of the building permit occurs before the application for development incentives is received.
ADOPTED: January 11, 1999
Mr. Carey moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:21 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 11, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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