Regular Committee Meeting
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Aug 25, 1997 at 12:00 AM

COUNCIL COMMITTEES

The Council Committees Meeting was held on August 25, 1997, at 6:30 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Truitt, Mrs. Malone, Mr. Salters, Mr. Weller and Mayor Hutchison. Mr. Leary and Mr. Fenimore were absent.

AGENDA ADDITIONS/DELETIONS

Mr. Salters requested the addition of an executive session at the conclusion of the Council Committees meeting to discuss personnel and legal matters.

Mr. Salters moved to approve the agenda as amended, seconded by Mr. Weller and unanimously carried.

UTILITY COMMITTEE

The Utility Committee met with Chairman Lambert presiding. Members present were Councilman Pitts, Mr. Carey and Mr. Kramedas. Councilman Weller served in the absence of Councilman Fenimore.

Miscellaneous Water and Sewer Piping and Appurtenances

The Department of Public Works prepared a prospective annual bid list for miscellaneous water and sewer piping and appurtenances to be used in various public works projects throughout the City of Dover. Two bids were received, as follows:

            U.S. Filter/Water Pro (Milford, Delaware)                $62,416.25

            Utility Piping Systems, Inc. (Newark, Delaware)      $74,767.35

Mr. O’Connor explained that the bids are estimated costs for purchases of water and sewer piping and appurtenances for the current year based on the previous year’s purchases. Staff recommended awarding the bid to the low bidder, U.S. Filter/Water Pro, in the amount of $62,416.25.

Mr. Truitt referred to the large difference in the amounts of the two bids and questioned the quality of the products from the low bidder. Mr. O’Connor assured members that both companies met the City’s specifications.

Mr. Pitts moved to recommend acceptance of the low bid from U.S. Filter/Water Pro in the amount of $62,416.25, as recommended by staff. The motion was seconded by Mr. Carey and unanimously carried.

Proposed Ordinance - Properties/Utilities Policy - Authority to City Manager and Treasurer

Mr. Lambert introduced civilian members of the Communications Committee, Mr. K.C. Sheth and Mr. Irving Levitt, and recognized that prior to taking office, Councilman Charles Weller also served as a civilian member. He relayed his appreciation to these members for their efforts in bringing this matter to fruition as well as their input and expertise during the committee’s deliberations.

The City’s Communications Committee has been in the process of developing a Telecommunication Policy for the past several months. It is the committee’s feeling that such a policy will enhance the communication services in Dover and develop guidelines. Since there are various aspects of such a policy, the Communications Committee directed staff to submit recommendations in segments as they are completed for their review and recommendation.

Mr. O’Connor explained that the City owns and maintains rights-of-ways, easements, underground facilities, electric poles, streets and various other properties. Upon acquiring rights-of-ways and easements, the City installs poles and other physical improvements. The City maintains and improves the streets, sidewalks and curbs and performs the tree trimming function to keep the properties in working condition. The City incurs operating expenses that include labor, materials and services for maintenance of these properties. Considering a recent request by a private firm for use of the City’s rights-of-ways and poles, staff developed a proposed strategy to share and off-set the City’s costs for maintenance and acquisition of rights-of-ways, easements and poles.

As a result, the Communications Committee recommended approval of an ordinance establishing a policy authorizing the City Manager and Treasurer to negotiate lease agreements for the use of City rights-of-ways. Realizing that the proposal would involve the City’s electric and water/wastewater departments, as well as other agencies such as Bell Atlantic, Chesapeake Utilities and ComCast Cable, the committee held meetings with all agencies to discuss the proposed ordinance. Mr. O’Connor advised members that the proposed policy will also eliminate the franchise fee issue.

Responding to Mr. Carey, Mr. O’Connor stated that staff is in the process of establishing a cost formula by identifying all costs of acquisition, maintenance and operation of rights-of-ways and easements, to include liability insurance, tree trimming, future maintenance of sidewalks and streets. He explained that the proposed ordinance must be approved before staff can negotiate the price for such a lease agreement.

Mr. Weller agreed with Mr. Carey’s concern and suggested that the cost formula be included in the proposed ordinance. Mr. O’Connor stated that there is no set cost, explaining that there may be up to five (5) different types of components that will make up the cost formula. The costs will be different for each company depending on several factors such as what equipment will be utilized, how many customers will be served, etc. As an example, he stated that the gas company may utilize less rights-of-ways than that of a cable company; therefore, the gas company’s lease will cost less than that of the cable company. Mr. O’Connor explained that without the ordinance in effect, staff cannot devise and negotiate a lease agreement. He assured members that companies will have a means to appeal through City Council.

Mr. Weller moved to recommend approval of the proposed ordinance (Attachment #1), seconded by Mr. Pitts and unanimously carried.

Mr. Weller moved to adjourn into executive session to discuss personnel and legal matters, seconded by Mr. Truitt and unanimously carried.

Meeting Adjourned at 6:57 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robin R. Christiansen

                                                                                    Council President

RRC/jg