COUNCIL COMMITTEES
The Council Committees Meeting was held on July 13, 1998, at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda as submitted, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone, Mr. Gorman and Mr. Merritt.
Commercial Vendor Policy During Race Weekends
A public hearing was held during the June 8, 1998 Regular Council Meeting to consider the rezoning of property located at 190 Old Leipsic Road from R-10 (Single Family Residential) to C-1A (Limited Commercial). Mr. Carl Moore, owner of the property, requested rezoning to allow commercial vending on his property during race weekends. Council denied the rezoning request but referred consideration of alternatives that would allow for vendors on residential property located near Dover Downs during race weekends to the Legislative and Finance Committee for further review and recommendation.
Mr. DePrima stated that, as requested by Council, the Planning Department conducted a survey of neighboring property owners and tenants. The City Clerk’s Office researched previous policies and/or special permission that allowed the use of residential property for commercial purposes during race weekends.
The survey conducted by the Planning Department included two issues: allowing commercial vendors during race weekends and permanent rezoning of commercial areas. Mr. DePrima explained that two separate neighborhoods were surveyed; Old Leipsic Road and Dover Leipsic Road. The results of the survey indicate that property owners on Dover Leipsic Road do not want commercial vendors during race weekends, and are not in favor of rezoning. The residents of Old Leipsic Road were more supportive of allowing commercial vendors than of total rezoning.
According to City records this issue was before Council in 1980. At that time, Council allowed commercial vendors for one (1) race only. In 1988, after eight (8) years of commercial vendors being in the area during race weekends, Mr. Roe, then City Planner, sent a letter stating that the City’s policy (which is still in effect today) was to allow commercial vendors in commercially zoned areas and self-contained recreational vehicles and parking of cars in residentially zoned areas.
Mr. DePrima stated that from a planning perspective, rezonings should be uniform and done as a whole; not by using a piecemeal approach. The commercial vendor issue is not a planning issue, but rather an issue of how they would administratively handle the property boundaries and what would be permissible in each area. Mr. DePrima stated that the Comprehensive Plan does not encourage additional commercial zoning for this area.
Mr. Salters stated that, according to history, past Councils have not been in favor of commercialization of the area even though they have allowed parking during race weekends and that the majority of the property owners do not want the area commercialized.
Mrs. Malone stated that her concern is for public safety. The City, with the help of other municipalities, has had a good record of controlling pedestrian and vehicular traffic during race weekends. She also expressed concern that the property owners would not be commercially insured and that the City could potentially be liable for allowing commercial vendors.
Chief Faulkner stated that anytime there is an increase in pedestrian and vehicular traffic, there is an increase of risk. He explained that at the end of a race, there is a human wall leaving Dover Downs’ property and that the Police Department stations at least three (3) police officers at the Leipsic Road intersection to assist in pedestrian traffic flowing smoothly. Should commercial vendors be permitted as suggested, the pedestrian traffic will not flow as smoothly, increasing the risk of accidents.
Mr. Weller stated that he was concerned with market integrity. Mr. Moore and his attorney were requested to provide him with a list of possible vendors months ago and he stated that he has not yet received the information. Mr. Weller supports and encourages the parking of cars and campers and may have been able to support commercial vendors if he had received the information as requested.
Responding to Mr. Weller’s concerns, Mr. DePrima informed members that during race week, an on-site trailer is made available to City, State and County officials to assure that all vendors are properly licensed.
Mr. Lambert also relayed concerns regarding public safety and suggested that, if the City wishes to continue to allow parking on residential property, it should be formalized in the zoning code.
Mr. DePrima explained that the zoning code allows vendors on commercially zoned property and that although it does not allow for commercial parking on residentially zoned property, it has been the City’s policy to allow parking on residentially zoned property during race weeks at Dover Downs. Concurring with Mr. Lambert, he suggested that the current policy be formalized or that a new policy be created.
In order to avoid commercial parking in other residential areas, Mr. O’Connor suggested that the proposed amendment refer to the parking as a “special exception use”.
Mr. Leary moved to recommend reaffirming the existing policy of allowing vehicles and self-contained campers on residential properties during race week at Dover Downs, and prohibiting commercial vendors on residential properties. The motion was seconded by Mrs. Malone.
In response to Mr. Weller, Mr. Moore stated that he would use the same vendors that are currently using the property of Berry Van Lines, Farmer’s Market, Pizza Hut and the Sunoco Station. He requested permission to allow commercial vendors because, during the races, the road to his property is closed, preventing full utilization of his property for parking. Last year there were 18 parking spaces that could not be accessed because of the blocked road. Mr. Moore stated that he spoke with the Chief of Police last year and was advised that a meeting would be arranged with the City and DelDOT officials, in an attempt to alleviate this problem; however, he has not yet been notified of such a meeting.
Regarding the safety issue, Mr. Moore stated that in the 30 years he has lived there, no one has been hurt on Old Leipsic Road during the races; however, two (2) people have been killed on Route 13 during race weekend and that last year, a woman was hit and killed near Berry Van Lines. Mr. Moore stated that once Old Leipsic Road is blocked, there is only pedestrian traffic, which he feels eliminates any concerns regarding safety.
Council President Christiansen noted that a motion is not necessary to maintain the current policy of allowing vendors on commercial properties and parking on residential properties.
Responding to Mr. Leary, Mr. DePrima stated that as a result of the discussion from this meeting, he will prepare an ordinance amendment to codify the policy and present it to the committee for further consideration. Mr. Leary withdrew his motion, as did Mrs. Malone her second.
Proposed Ordinance Amendment - Article III, Section 19.5-20 - Transfer Tax -Levy of Tax; Exemption
In accordance with new legislation (H.B. 757) effective July 1, 1998, the State realty transfer tax was amended to provide that municipalities may impose on real property transfers, a maximum percentage of one and one-half percent (1 ½%). This allows for the City to increase its present tax by one-half percent (½%) while at the same time the State transfer tax within the City of Dover decreases by the same amount.
Mr. O’Connor explained that, if the economy and real estate sales remain the same, he expects approximately $300,000 in additional revenue to the City.
Mr. Leary amplified that the State is taking ½% less from the transfer tax and giving it to the City; therefore, there is no increase in the transfer tax.
Mrs. Malone reminded Council that the Parks and Recreation Committee has been diligently soliciting funds for the recreational facility and requested that the funds be set aside for that project, since the money is unbudgeted and would help recreation tremendously.
Mr. Leary commented that the funds received from the tax by municipalities must be segregated from the municipality’s General Fund. Mr. O’Connor stated that a separate account will be established for the funds, which can be used for eligible projects. Council President Christiansen suggested that Mrs. Malone make a formal request for the funds.
Mr. Lambert suggested that the Finance Director submit recommendations for the use of the funds.
Mr. Salters moved to recommend approval of the proposed amendment to Chapter 19.5, Section 19.5-20 of the Dover Code, to allow for an increase of one-half percent (½%) in the City’s transfer tax. The motion was seconded by Mr. Leary and unanimously carried.
Purchase of CAD Records Management System
The City of Dover Police Department is in need of an updated Computer Aided Dispatch System and Records Management System to meet the needs of our growing community and to facilitate our emergency 911 status as a true fold-down site for the State of Delaware Kent Comm Emergency Reporting Center. Computer Aided Dispatch is an interactive program that tracks the status of field units and incidents, thereby promoting officer safety by providing automatic checks for hazard alerts. Additionally, manpower allocation is enhanced through a skill search option and automatic unit recommendation. The Computer Aided Dispatch segment provides complete incident tracking and integration with the Records Management Module which allows for ease of data capture and statistical retrieval. Utilization of a Computer Aided Dispatch and Records Management System will improve efficiency, standardize procedures, increase accountability, and officer safety. Additionally, purchase of the New World CAD/RMS system will ensure that the City of Dover Police Department is in compliance with the path of other agencies within the State (such as State Police in all three counties and Wilmington Police Department) in their endeavors to achieve a State-wide CAD/RMS system.
The Police Department is desirous of purchasing the CAD/RMS from New World Systems as the sole vendor to ensure compatibility of information exchange with other agencies within the State. Not only does New World CAD/RMS offer a product which far exceeds the current system, but it will guarantee compliance with other State systems. New World Systems is the vendor of choice for other agencies considering CAD purchases. The trend in criminal justice agencies with the State is to have all police departments utilizing the same vendor, thereby avoiding the need for expensive interfaces to the State system with every software change made. The Police Department will be making this purchase with the following funds:
LLEBG CAD Grant (Federal) $101,521
LLEBG Equipment Grant (Federal) $ 20,500
SALLE CAD/RMS Grant (State) $ 19,521
Dover P.D. Budget for Software (Carry over from FY98) $ 52,950
Dover P.D. Budget for Software (FY99) $ 16,000
Dover P.D. Budget for Hardware $ 11,000
TOTAL $221,492
Mr. Salters moved to recommend approval of the purchase of a Computer Aided Dispatch/Records Management System from New World Systems at a cost of $221,492, as recommended by staff. The motion was seconded by Mr. Leary and unanimously carried.
Mr. Salters moved to adjourn, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 6:43 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilman Carey, Councilman Weller, Mr. Farling and Mr. Kramedas.
Materials to Terminate the Fiber Optic Line - Phase I and II
The planning and design construction of the first phase of the City fiber optics communication line requires a fiber optic “backbone” (Trunk Line) to be installed from the Electric Administration Building to North Street with tap loops provided at key locations, including a smaller line to North Street Substation, which will allow the protective pilot wire relaying to be re-commissioned for both 69KV lines from McKee Run to North Street Substation. Phase II will include line construction from this “backbone” to 5 E. Reed Street, Police Department and various substations. Racks, panels, and miscellaneous equipment are required at these various locations to terminate the optical cables.
Staff solicited bids from nine (9) vendors. Of the bids received, Wesco was the only vendor to submit a complete bid, therefore, staff recommended that a purchase order be issued to Wesco in the amount of $47,344.90.
Funding for this purchase was provided in the City’s 1997-98 budget. Since these funds were not expended, the funds were transferred to the 1998-99 Improvement and Extension Fund through an internal budget revision approved by the Finance Department.
Responding to Mr. Lambert, Mr. O’Connor stated that there will be approximately 10 phases to this project and that the total cost is not yet known. Initial work will connect substations and major City facilities.
Mr. Weller moved to recommend acceptance of staff’s recommendation to issue a purchase order to Wesco in the amount of $47,344.90, seconded by Mr. Carey and unanimously carried.
Evaluation of Bids - Electric Stock Materials
The City has been purchasing electric stock material through a blanket bid process for several years. It has proven to be very cost effective as vendors will guarantee their bid price for materials during the entire year.
Bids were sent to fourteen (14) vendors with two (2) additional vendors requesting copies of the bid through the newspaper ad that was placed by the City. Of the sixteen (16) vendors that received materials lists for bidding, ten (10) responded with bids, eight (8) of which were selected for material. Staff recommended awarding the bids as follows:
Dixie Electric Supply $192,430.89
Hesco Inc. 48,231.16
Vanyo Electric Supply 206,691.29
Wesco, Inc. 864,117.67
* Graybar Electric 10,236.51
* Rigby Electric Supply 11,385.21
* Special Fleet Supply 4,621.76
* Tecot Electric 1,190.64
* It is noted that Council’s approval is not required since the purchases are below the $25,000 maximum allowed to be purchased without Council’s approval.
Mr. Lambert stated that the bids only guarantee prices and that materials will be purchased on an as-needed basis.
Mr. Carey moved to recommend acceptance of staff’s recommendation to purchase from the listed vendors for the period from August 1, 1998 through July 31, 1999. The motion was seconded by Mr. Weller and unanimously carried.
Bids - Transformers
In previous years, transformers were included in the annual Electric Stock Materials Bid. This year, however, they were bid separately so that vendors could be requested to provide for a three (3) year commitment on the prices quoted and a “just-in-time” delivery of five (5) working days.
Bids were sent to 14 vendors, with six (6) vendors responding: Hesco, Teco, National Transformer, Pauwels, Vanyo and Wesco. Only one (1) vendor agreed to the three (3) year price commitment and to the stocking of the transformers as specified by the City.
The City identified 33 transformers that will be part of this three (3) year bid. Wesco was the only vendor that complied with the specifications and was the low bidder on each unit. Staff recommended that a purchase order be issued for a three (3) year period to Wesco in the amount of $6,177,456.
Mr. O’Connor explained that the quantities are estimated based on electric engineering projected usage and purchases for the next three (3) years. He assured members that purchases will not be made unless budgeted and needed and that actual purchases will only be made when the amounts are approved in the budgets for the next two (2) years.
Mr. Lambert referred to the recommendation that a purchase order be issued in the amount of $6,177,456, explaining that the amount is misleading since it is for a three (3) year estimate of potential transformer replacements. He stated that the bid guarantees the price and a five (5) day delivery; there is no requirement to purchase the transformers nor is the City prohibited from purchasing transformers from another vendor if their price is lower.
Mr. O’Connor stated that the three (3) year estimate and “just-in-time” stipulations have not been previously requested by the City. He explained that it is being done now in an attempt to reduce inventory costs. The City has reserved the right to discontinue the contract at the end of one year.
In response to Mr. Leary, Mr. O’Connor stated that the City would maintain a five (5) day supply of transformers.
Mr. Weller moved to recommend awarding a three-year contract to Wesco in the amount of $6,177,456.00, as recommended by staff. The motion was seconded by Mr. Kramedas and unanimously carried.
Mr. Leary moved to adjourn into Executive Session for personnel matters, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 6:55 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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