COUNCIL COMMITTEES
The Council Committees Meeting was held on May 26, 1998, with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts (arrived at 6:20 p.m.), Mr. Leary, Mr. Truitt, Mr. Carey (arrived at 6:15 p.m.), Mrs. Malone, Mr. Salters and Mr. Weller.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested that the Parks and Recreation Committee meeting convene prior to the Legislative and Finance Committee. Mr. Lambert moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairwoman Malone presiding. Members present were Councilmen Truitt and Carey and Mrs. Maxted.
RECOMMENDATION OF THE SILVER LAKE COMMISSION - DNREC REPORT ON SILVER LAKE
During the committee meeting of October 28, 1996, representatives of DNREC provided a report and made a presentation with regard to the Options for the Protection and Improvement of Silver Lake. It was recommended (and approved by Council during their meeting of November 12, 1996) to accept the technical (non-financial) aspects of the report; that it be referred to the Silver Lake Commission; and that the report and the financial aspects of the report be referred to the City/County Committee for review, stipulating that all parties report back to the committee by the first of the year.
Mr. Michael Malkiewicz, Chairman of the Silver Lake Commission, reviewed the report of the Commission’s recommendations relating to DNREC’s “Executive Summary Relating to Silver Lake Watershed” and its “Technical Background Report on Silver Lake Watershed” (as on file in the Office of the City Clerk). He stated that the first and most important step is to recognize that there is a problem with Silver Lake. It was noted that the principle purpose for purchasing the lake was for the creation of recreational opportunities, including boating, fishing, swimming and picnicking. During the 1950's through the 1960's, Silver Lake was a popular recreational area. Mr. Malkiewicz stated that there are many residents that are unable to afford membership to country clubs, swimming pools, traveling to the beach, etc. so that they can obtain some type of relief from the heat during the summer months. He stated that Silver Lake is their only relief and unfortunately, it only takes a small amount of rainfall for the lake to be closed for health reasons.
Mr. Malkiewicz noted that Silver Lake acts as a catch basin for the western part of the City of Dover and the watershed that extends west of Dover to Pearson’s Corner. The activities that take place in the watershed and west of Dover impact or cause the conditions that exist in Silver Lake. If the water quality is to improve, then there must be corresponding environmental improvements in the activities that impact the water quality, including activities in west Dover and in Kent County, west of Dover. The relevant or key activities that need to be improved include: agriculture use, residential land use, commercial development, and storm water management related to these activities.
Mr. Malkiewicz noted that one of the major discrepancies that the Commission found in the Executive Summary Report of the DNREC was the omission of a clear statement that there must be equal financial commitment made by both the City of Dover and the Kent County Government. For the most part, the expansive watershed that feeds Silver Lake and the St. Jones River is located in Kent County. The City of Dover does not have jurisdiction or authority to control the people, agricultural operations, or commercial and residential developments located in Kent County. Kent County Government has the authority to control these types of activities or could promulgate ordinances that would permit control of these activities from a water quality and storm water management practice perspective. The Commission does not feel that the majority of the financial burden and responsibility should be placed on the residents of the City of Dover for cleanup of Silver Lake when a large portion of the problems are caused by activities outside the City of Dover. Every relevant government agency and political entity must agree that the water quality in Silver Lake, the watershed, and the St. Jones River, is directly related to the activities that take place in the watershed located in Kent County. Therefore, it is the Silver Lake Commission’s feeling that the City of Dover and Kent County have a joint responsibility to work together and share the financial burden of improving water quality in Silver Lake, the watershed and in the St. Jones River. If a joint venture is not agreed upon, then improvement in the water quality will not occur and the political leaders will be required to take responsibility for allowing one of our communities most valuable resources to continue to deteriorate.
Silver Lake is probably the most studied body of water in the State of Delaware. The Silver Lake Commission acknowledges that the only way the water quality in Silver Lake will improve for future generations is for all three (3) governmental agencies: the State of Delaware, Kent County, and City of Dover, to make a joint commitment to implement the recommendations that have been made by the numerous water quality experts. Mr. Malkiewicz reminded members that the technical studies have been completed and that the recommendations to improve water quality in Silver Lake have been made. The Silver Lake Commission recommended that the political and governmental powers implement the recommendations within a reasonable time frame in order to maintain and improve the lake’s water quality, which will, in turn, improve the quality of life for the citizens of Dover, Kent County, and the State of Delaware.
Mrs. Malone referred to other similar recreational areas located within a city’s limit that are not the responsibility of the municipality in which the recreational area is located and that the City of Dover is one of the very few municipalities that oversee a recreational area such as Silver Lake. She advised members that, although the City of Dover owns the recreational land area around the lake, the State of Delaware actually owns the lake and questions why the City would be requested to bear the burden in the cleanup of the lake.
Mr. O’Connor suggested that the City/County Committee review this matter in an attempt to resolve the jurisdiction and responsibility issue.
Mr. Leary noted that the constituents that have contacted members of City Council regarding their concern of the lake are also constituents of Levy Court Commissioners, State Representatives and State Senators. He requested that constituents not only contact members of City Council but also contact their County and State Representatives so that they are also made aware of their concerns.
Several members thanked the Silver Lake Commission for the time and efforts given to this entire endeavor.
After much discussion, Mrs. Malone moved to recommend acceptance of the Silver Lake Commission’s Recommendations Report and that this matter be referred to the City/County Committee, with a representative of the Silver Lake Commission, St. Jones Greenway Commission and the Kent Conservation District (Mr. Robert Baldwin) being invited to attend the next meeting, for a recommendation to the Parks and Recreation Committee. The motion was seconded by Mr. Truitt and unanimously carried.
Mrs. Maxted moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 6:19 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone and Mr. Merritt.
Downtown Dover Business Improvement Assessment (Tax) Rate for FY 1998/99
In accordance with the Business Improvement District (BID) Ordinance, a BID budget and assessment must be adopted each year. Staff recommended approval of the proposed budget ordinance for the Downtown Dover BID for FY 1998-99 and the Assessment (Tax) Rate for FY 1998-99 as follows:
|
|
ZONE 1 |
ZONE 2 |
ZONE 3 |
TOTAL |
|
ASSESSMENT TAX RATE PER $100 ASSESSMENT |
0.145 |
0.1025 |
0.035 |
--- |
|
REVENUE RAISED |
$20,265 |
$15,920 |
$3,983 |
$40,168 |
|
% REVENUE RAISED |
50% |
40% |
10% |
|
|
NUMBER OF PARCELS |
136 |
129 |
58 |
323 |
|
AVERAGE ASSESSMENT |
$151 |
$115 |
$135 |
$134 |
Staff also provided members with the total revenues and expenses of Main Street Dover, Inc. for 1997-98 Revised and for 1998-99 Proposed for informational purposes. It was noted that there is no proposed change in the Assessment (Tax) Rate for FY 1998-99.
Mr. Salters moved to recommend approval of the proposed budget ordinance for the Downtown Dover BID (Attachment #1) and Assessment (Tax) Rate for FY 1998-99, as recommended by staff. The motion was seconded by Mr. Leary and unanimously carried.
Banking Services Arrangements
The City of Dover solicits proposals for banking services every three (3) years. The current banking services agreement, which has been in effect since 1992 with Wilmington Trust Company, will end on June 30, 1998. Requests for proposals were mailed to all of the banks with offices in Dover; however, only three (3) banks submitted proposals, which were analyzed as follows:
Item CoreStates Bank. Mellon Bank Wilmington Trust Co.
Annual Income to the City
on Balances $211,428.00 $232,068.00 $225,936.00
Annual Cost for Banking
Services Needed 28,296.00 18,108.00 22,452.00
Net $183,132.00 $213,960.00 $203,484.00
In addition to the financial analysis, staff also evaluated non-financial factors such as time, service, proximity, responsiveness and banking products. All three (3) banks have an excellent record of service, good banking products, and are in close proximity to City Hall and Weyandt Hall.
Staff recommended that a Resolution be adopted that would designate Mellon Bank Delaware, N.A., as the City’s main banking institution for a one (1) year period beginning July 1, 1998; that the City will have the option to renew this arrangement one year at a time for two (2) additional years, for a total of three (3) years, at the fees proposed by Mellon Bank in their proposal dated March 9, 1998; and that CoreStates Bank, N.A., and Wilmington Trust Company be accepted as additional depositories for the City on an “as needed” basis.
Mr. Salters moved to recommend approval of staff’s recommendation (Attachment #2), seconded by Mr. Leary and unanimously carried.
Proposed Resolution - Investment Signatures
The City purchases certificates of deposits for $100,000 each or less and other investments in accordance with the City’s investment policy. These financial institutions require signatures on various forms for the certificates and other investments. The City’s practice is to provide the signatures of the Treasurer and Assistant Treasurers, with only one signature required for the transaction.
Staff provided members with a proposed Resolution that would formalize this practice and authorize the Treasurer and Assistant Treasurers to sign the investment papers and recommended that the Resolution be adopted.
Responding to Mr. Leary, Mr. Karia indicated that there is no change in the City’s procedure requiring only one signature. He assured members that the Finance Department and City Clerk’s Office have internal controls to manage security.
Mr. Salters moved to recommend adoption of the proposed Resolution (Attachment #3), seconded by Mr. Leary and unanimously carried.
Radio Maintenance Contract
Bids were requested for the Radio Maintenance Contract to cover repairs and maintenance of all City radio communication equipment from base stations to pagers. The contract includes labor and parts, installation and removal of mobile units. The contract covers 24 hours a day, seven (7) days a week service for the base stations, with a guarantee that the base stations will be back in service within two (2) hours and all other equipment within two (2) working days. The contract will be for three (3) years.
Staff recommended that the contract be awarded to the low bidder, Conk’s Communication, in the amount of $38,278.80 for a three (3) year period, to begin July 1, 1998 through June 30, 2001.
Responding to Council President Christiansen, Mr. O’Connor stated that the bid is based on the number of radios and not the frequency; therefore, it was his feeling that the contract would include the new 800 MHZ equipment.
Mr. Salters moved to recommend approval of staff’s recommendation, contingent upon determining that the contract includes the new 800 MHZ equipment. The motion was seconded by Mr. Leary and unanimously carried.
Mr. Salters moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 6:30 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Weller and Pitts and Mr. Kramedas and Mr. Farling.
Refuse Collection Service to Cheswold (BFI Correspondence)
A letter was received from Mr. Bob Stover, Municipal Market Developer of BFI, regarding concern of the City’s expansion of sanitation collection services to the Town of Cheswold. BFI has provided the Town of Cheswold with sanitation service for many years. Mr. Stover indicated that BFI has contracts with many other neighboring towns of the City and questioned if Dover plans to continue to offer this service to towns outside the City limits.
Mr. Lambert stated that at the request of BFI, he agreed to place this item on the agenda as a courtesy to afford BFI the opportunity to address members of the committee with their concerns. Since Mr. Stover or a representative of BFI is not present, there will be no need to discuss this matter further.
Responding to Mrs. Malone, Mrs. Green indicated that agendas are sent out to individuals requesting to address the committee as a reminder of the date and time of the meeting. In addition, Mr. O’Connor stated that he had spoke to Mr. Stover on the telephone and assured members that he was aware that this item was scheduled to be discussed this evening.
In response to Mrs. Malone, Mr. Lambert explained that Cheswold had requested the City to bid for sanitation service and, as a result, have been requested to provide this service to the Town of Cheswold. He assured members that there is no contract with the Town of Cheswold and that if it is determined that the actual costs for the collection service is higher than projected, the charge will be adjusted accordingly.
Mr. O’Connor advised members that sanitation service is being treated in the same manner as other utility services, explaining that the City has been providing water, sewer and electric service to customers outside the City limits for several years. The City has also been providing sanitation service to other customers outside the City limits, although it has been at a higher rate than the proposed fees for Cheswold. Mr. O’Connor stated that the City is able to provide sanitation service to Cheswold at a reduced cost due to density issues.
Mrs. Malone alluded to the many questions she has received from constituents regarding this issue and requested that, in the future, staff apprize members of Council with details regarding this type of action so that the necessary information is available to address these concerns.
Acceptance of Dedication of Rights-of-Way, Utilities and Public Open Space - Marsh Creek Subdivision
The developer of the Marsh Creek Subdivision has requested that the streets, utilities and public open space be accepted for maintenance and ownership by the City of Dover. Staff provided members with a map depicting the location and configuration of the subject rights-of-way. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards and specifications. All work has been completed and a one year maintenance agreement and bond, in addition to a release of liabilities, have been submitted.
Staff recommended acceptance of the Marsh Creek Subdivision to include the following public improvements:
Utilities
8" PVC Sanitary Sewer - 853 linear feet
4' Diameter Sanitary Sewer Manholes - 5 each
8" Ductile Iron Water Main - 511 linear feet
Fire Hydrants - 2 each
Roads
Marsh Creek Lane - Station 0 + 00 to Station 3 + 20
Alleys
Marsh Creek East Alley - Station 0 + 00 to Station 5 + 85
Marsh Creek West Alley - Station 0 + 00 to Station 4 + 60
Public Open Space - 0.6871+/- acres wooded
Mr. Farling moved to recommend approval of staff’s recommendation, seconded by Mr. Pitts and unanimously carried.
Bid - Miscellaneous Water System Materials
Bids were solicited for miscellaneous water system materials to be used on a variety of water extension projects throughout the City. Funding for these projects is available in the Water Improvement and Extension Fund and the scope of the various projects are detailed in the CIP.
Staff recommended awarding the bid to the low bidder, Water Pro, in the amount of $127,375.75. It was noted that the prices outlined in the bid are valid for six (6) months from the date of award with an option to extend for an additional six (6) months.
Mr. O’Connor noted that the request for bids was based on previous purchases of materials and that the amount could change according to this year’s need and use of materials. The materials are purchased for the warehouse supply stock.
Mr. Weller moved to recommend approval of staff’s recommendation, seconded by Mr. Pitts and unanimously carried. It is noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Bid - Water/Sewer Pipe & Fittings
Staff solicited bids for miscellaneous water/sewer pipe and fittings to be used on a variety of water extension projects throughout the City. Funding for these projects is available in the Water Improvement and Extension Fund and the scope of the various projects are detailed in the CIP.
Staff recommended awarding the bid to the low bidder, Water Pro, in the amount of $60,671.00. It was noted that the prices outlined in the bid are valid for six (6) months from the date of award with an option to extend for an additional six (6) months.
Mr. Pitts moved to recommend approval of staff’s recommendation, seconded by Mr. Weller and unanimously carried. It is noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Bid - Automated Side Loading Refuse Collection Body
In conjunction with the revised FY1998 City of Dover budget, the Department of Public Works requested permission to purchase a new 22 cubic yard automated side loading refuse body complete with chassis. Funding for this purchase is available in the FY1998 Sanitation Department revised budget. This purchase will replace City vehicle #442, which has over 300,000 miles and excessive maintenance costs during the past few years. Purchase of this equipment has been delayed since July 1997, while the department evaluated the appropriate truck size to bid. Bid specifications were prepared based on a Heil Rapid Rail Automated System since it is the automated system incorporated into all of the other trucks within the automated fleet. It is felt by staff that this system best meets the capabilities of our intended use.
Since the bid specifications were prepared for continuity with the existing sanitation fleet, the only bid expected was from the Heil Corporation. Due to territorial agreements, only one of the Heil representative suppliers was able to submit a bid. Staff recommended awarding the bid to the sole bidder, Lancer Supply Co., Inc., in the amount of $141,646.00, for the purchase of one (1) 22 cubic yard automated side loading refuse collection body and chassis.
Mr. Farling moved to recommend approval of staff’s recommendation, seconded by Mr. Weller and unanimously carried.
Pumping Station #7 Replacement - Construction Phase Engineering Services
In conjunction with the replacement of the City’s Sanitary Pumping Station #7, Cabe Associates, Inc. has submitted proposals for supplemental engineering services throughout the construction phase including construction review services ($35,000.00) and construction inspection services ($9,600.00). The total cost of the proposals represent a not-to-exceed amount of $44,600.00 to perform construction phase engineering related services. These services will be required to complete the construction associated with the replacement of Pumping Station #7.
Staff recommended to award a contract, in an amount not-to-exceed $44,600.00, to Cabe Associates, Inc. to perform construction phase engineering related services outlined in their proposals.
Mr. Pitts moved to recommend approval of staff’s recommendation, seconded by Mr. Weller and unanimously carried. It is noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 6:53 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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