REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 24, 1997 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman 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 Reverend William Fitzhugh, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of items to discuss (1) Assessment of Kraft/General Foods - item #3B, (2) Wide Area Networking - item #3C, and (3) Quarterly Write-Off of Electric Bills - item #3D.
Mr. Lambert moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 3, 1997
The Quarterly Open Town Meeting of February 3, 1997 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 10, 1997
The Minutes of the Regular Council Meeting of February 10, 1997 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
RECOGNITION OF 1996 EMPLOYEE OF THE YEAR - SUE WILLSON
Council President Christiansen introduced Mrs. Sue Willson who was chosen as the City of Dover 1996 Employee of the Year. Mrs. Willson is a Computer Programmer in the Information Services Department and has worked for the City for 23 years. Mr. Christiansen stated that Sue’s supervisor has relayed that she is an extraordinary employee. Sue has a rare combination of knowledge, experience, dependability, helpfulness and attitude that make her an outstanding employee and a valuable asset to her department and the City of Dover. Sue Willson’s exceptional example of Community Excellence through Quality Service make it clear why she was chosen as the 1996 Employee of the Year.
In expression of appreciation by the City, Mayor Hutchison, Council President Christiansen, City Manager O'Connor, Mr. Mark Callan (Information Services Director) and Mr. Bruce Andrews (Human Resources Director) presented Mrs. Willson with an Employee of the Year Plaque and presented her with a $500 savings bond and a certificate for three additional vacation days. They conveyed their congratulations to Mrs. Willson and thanked her for working so diligently on behalf of the City of Dover.
Mrs. Willson expressed her appreciation for the award and for the kind words spoken about her. She stated that the Information Services Department has changed dramatically over the past few years and she conveyed her appreciation to all the employees of the department for the level of cooperation that has allowed the changes to take place smoothly. Mrs. Willson stated that the entire department deserves the award and it is through their efforts that she was selected for this award. She conveyed appreciation for the recognition of her efforts on behalf of the City of Dover.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 10, 1997 with Chairman Salters presiding.
Acceptance of Charge Cards for Payment of City Services
During previous committee meetings, Councilwoman Holly Malone suggested that the City consider acceptance of charge cards for payment to the City. City staff has researched the proposal for the use of charge cards for the following:
1. Electric/Water/Miscellaneous Services 3. Recreation Programs
2. Police Fines 4. Business Licenses/Permits
Since transactions for library services are normally for small amounts, staff recommended that use of charge cards for this service be reviewed at a later date.
Staff estimated the following costs, based upon four locations for acceptance of charge cards:
Equipment costs: $3,100 - this is estimated to recur every five years due to changes in technology
Programming costs: $10,000 (estimated) - for utility payments
Annual Operating costs: $1,220 - telephone lines and maintenance contract
Transaction costs: - this cost depends on the number of transactions and the amount paid through charge cards. Utilization is expected to increase slowly. The following annual costs are estimated one year after adoption of the program
General Fund - 6,300
Electric/Water/Wastewater Fund - 14,200
Total Cost $ 20,500
Mr. Karia explained that the figures are based on reasonable estimates, explaining that costs may go up or down, based on customers’ acceptance of the program. The current trend suggests that utilization will increase. Looking at current trends and comparable practices, staff sees this as a favorable program. The program will be monitored closely by staff and a report will be made to Council on a monthly basis. It was noted that the proposal includes the use of Visa, MasterCard, Discover, MAC and debit cards. American Express charge cards are not included.
Mrs. Malone expressed her appreciation for the review of this matter, stating that she has received requests from constituents for the ability to pay by charge cards, especially in the area of recreational programs. Most of the City’s recreational programs are on a first-come, first-served basis with payment required before registration so the ability to pay by charge card will facilitate registration by telephone rather than requiring that payment be brought to the Parks and Recreation Facility. She has also had requests from constituents for the ability to pay utility bills by credit card. The proposal is basically a matter of convenience for our citizens and Mrs. Malone urged approval of the proposal.
There was some discussion on whether the convenience of the program was enough to justify the startup costs. Mr. Karia stated that the concept of computerized banking from home is becoming more and more common, as well as use of MAC and debit cards. Although there are costs associated with the program, he felt that the City should attempt to keep up with technology for the benefit of our customers. He assured members that he will closely monitor the program.
Mr. O’Connor explained that it will take a few months to obtain the needed equipment and initiate the service before the program is actually offered. Mrs. Malone suggested that when the service becomes available, information be sent out with electric bills to inform our customers of the new service.
The committee recommended approval of the proposal to utilize charge cards as outlined by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hare and unanimously carried.
Wide Area Networking
Computers in each City office building cannot connect to computers in other buildings and people must rely on telephone, fax, and mail services to share information. There are only a few people outside of the 5 East Reed Street building who can access the AS/400 computer.
Bids were solicited for the electronics, installation, and annual services to electronically connect six City buildings (5 East Reed Street will be the main communications hub), as follows:
- City Hall will link to 5 East Reed Street via underground fiber optic cabling
- City Warehouse will link to 5 East Reed Street via an ISDN digital phone line
- Electric Administration will link to 5 East Reed Street via an ISDN digital phone line
- Parks and Recreation will link to 5 East Reed Street via an ISDN digital phone line
- Police Station will link to 5 East Reed Street via an ISDN digital phone line
Three contractors submitted bids with the low bid submitted by Bell Atlantic Network Integration, Inc. with a Year One cost of $73,478.57 and an annual maintenance cost of $6,972.84. Staff recommended that the bid be awarded to Bell Atlantic Network Integration, Inc. since they offer:
1. Use of our existing network equipment
2. The lowest initial cost
3. The lowest five year cost
4. A proven quality solution
5. A 1994 contract with the State of Delaware, Office of Information Systems, which has been renewed twice
The committee recommended that the contract be awarded to Bell Atlantic Network Integration, Inc. for the electronics, installation, and annual services to electronically connect the six City buildings, at a Year One cost of $73,478.57 and an annual maintenance cost of $6,972.84.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
Quarterly Write-Off - Electric Bills
Members were provided with a list of uncollected electric bills, in the amount of $24,939.55. The list consists of those accounts from July 1, 1995 through September 30, 1995 that have shown no collection activity for a period of one year or longer. The list includes $3,146.66 from accounts that filed for bankruptcy. Federal law prohibits the City from making attempts to collect these outstanding debts. The list has been screened to insure that no one listed is currently in our utility customer base.
Mr. Christiansen suggested that the City Treasurer and City Manager look into the concept of this procedure being handled by City staff, since this is more of a bookkeeping procedure than a procedure requiring official action by Council. Mr. O’Connor stated that this matter will be reviewed and a recommendation brought to the Legislative and Finance Committee for action.
The committee recommended that Council endorse the write-off of electric bills in the amount of $24,939.55.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hare and unanimously carried.
Kraft General Foods - Property Tax Assessment Appeal
Mr. Salters moved to remove from the table the matter of the property tax assessment appeal of Kraft General Foods for their property located at 1250 W. North Street, seconded by Mr. Leary and unanimously carried. Mr. Salters reported that the Property Tax Assessment Appeal Committee recommended that Council accept the reduction of the Kraft General Foods facility from $27,770,000 to $23,200,000. Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary 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 February 10, 1997 with Chairman Lambert presiding.
Acceptance of Dedication of Rights-of-Way and Utilities - Stoney Creek Subdivision - Phase I
The developer of the Stoney Creek Subdivision has requested that the improved rights-of-way and utilities in Phase I be accepted for maintenance and ownership by the City of Dover. After construction was completed, City staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards and specifications. The City has received a letter from Cambridge Capital Group, Inc. guaranteeing the completion of the improvements. The letter has been accepted in lieu of a Maintenance Agreement and Bond to cover the remaining outstanding construction items in Phase I. The acceptance of these rights-of-way and utilities excludes an alley currently under construction and the stormwater management area as shown on the construction plans for the subdivision. Mr. O’Connor explained that the water retention area does not meet the State’s standards. There is a portion of the alley that should have been included in Phase I but the alley does not currently meet the City’s standards. Although we could have waited for completion of the alley and water retention area, Mr. O’Connor stated that he felt it would be better to expedite acceptance of the streets so that the roads can be maintained by the City for the benefit of the residents that are currently in the development.
The committee recommended acceptance of the dedication of Stoney Creek Subdivision Phase I, excluding the stormwater management area as shown on the construction plans and the alley currently under construction.
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.
Kent County Wastewater Adjustment Charge
The City of Dover has entered into a county-wide agreement to standardize the Kent County Wastewater Treatment and Transmission charges. This charge is currently known as the Kent County Wastewater Adjustment Charge and is placed on the City of Dover water and sewer billing. The charge covers expenses incurred for the transmission and treatment of sanitary sewage produced by the City of Dover and its customers. Under the new agreement, the cost of treatment and transmission has been spread equally among all contract users and sanitary sewer districts in Kent County. Based on the standardization of the rates, the County has set the charge at $1.68 per one thousand gallons for treatment and transmission costs. Therefore, the City should increase the Kent County Wastewater Adjustment Charge from $1.58 to $1.68 per one thousand gallons. This increase will cover the shortfall that will result in the increased rates charged by the County.
Mr. O’Connor stated his opinion that the proposal of $1.68 per one thousand gallons is reasonable for the treatment of the sewage. He stated that we are paying for the Treatment Plant and the quality of the treatment, and that we are investing in the future expansion of the plant to accommodate growth as we move forward.
The committee recommended approval of increasing the Kent County Wastewater adjustment charge from $1.58 to $1.68, effective with March 1, 1997 City billings.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Bid - 40' Street Light Poles
The State of Delaware intends to rebuild White Oak Road from DuPont Highway to Acorn Lane and they have authorized the City to proceed with the procurement of materials for this project. The City will be removing the overhead wires and place the new lines and equipment underground. We will also be upgrading the street lighting along the road and will need to purchase 31 aluminum street light poles to complete this part of the project. The poles are very similar to those already in use, although they have a polished, rather than satin, finish. Bids were received from six vendors for the purchase of 31 aluminum light poles, with the low bid from Tecot Electric in the amount of $26,443. Staff recommended approval of the bid from Tecot Electric.
The committee recommended that the low bid from Tecot Electric be accepted and that a purchase order for $26,443 be issued for the purchase of 31 polished aluminum 40' poles as per their bid proposal.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Evaluation of Bids - FY97 Curb Replacement Program - Contract #97-02
It was proposed in the City’s Investments Plan to remove and replace approximately 7,530 lineal feet of curb and miscellaneous concrete work on existing streets scheduled for resurfacing. Funding for this project is being provided by the City and by DelDOT Suburban Street Aid Agreements. Funding was allocated for curb replacement for the following streets:
Brown Street Davis Circle
Gleneagles Court Inverness Court
Legislative Avenue Pine Valley Road
Maple Lane Smith Street
Spruance Road Troon Road
West Street Woodstock Court
Bids were submitted by three vendors with the low bid received from Shorts Enterprises, Inc. in the amount of $154,852.70.
Mr. O’Connor stated that Shorts Enterprises, Inc. is a minority contractor and the company’s references are excellent. Staff recommended that the contract be awarded to Shorts Enterprises, Inc. for a total cost of $154,852.70.
Mr. O’Connor reminded Council that much of the funding for this project comes from our local legislators. Special recognition is given to Senators Still and Bonini and Representatives Wagner and Stone.
Mr. Fenimore reminded members that the project does not encompass complete replacement of all curbing but that spot repairs are made, as needed. Mr. O’Connor stated that a paving contract will be brought forward in the very near future.
The committee recommended that the contract for the FY97 Curb Replacement Program be awarded to Shorts Enterprises, Inc. in the amount of $154,852.70.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Fenimore and unanimously carried.
MONTHLY REPORTS - JANUARY 1997
By motion of Mrs. Malone, seconded by Mr. Leary, the following monthly reports were accepted:
Chief of Police Report
Planning and Inspections Report
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
Referring to Fleet Maintenance in the City Manager’s Report, Mr. Lambert stated that the report states that the vehicle availability for January 1997 was 97.7%, but noted that this does not necessarily relate equitably with City work schedules. He asked the City Manager if this is a problem to the City. Mr. O’Connor stated that it is not an immediate problem but we are looking
at our current fleet maintenance contract. One of the problems is that the City has only two bays to service all of the City’s vehicles. Also, we contract out such repairs as transmission repair so we are sometimes at the mercy of outside contractors. Ryder has worked well with the City to provide service on holidays and weekends when needed. Mr. O’Connor will keep Council abreast of any problems in this area.
Mr. Lambert moved for approval of the City Manager’s Report, seconded by Mr. Leary and unanimously carried.
ANNUAL REPORTS - 1996
Bureau of Fire -Robbins Hose Company
Mr. Fenimore moved for acceptance of the 1996 Annual Report of the Fire Chief of Robbins Hose Company, seconded by Mrs. Malone and unanimously carried. Council President Christiansen expressed appreciation to the volunteers of the Robbins Hose Company for their dedicated service to the citizens of Dover.
City of Dover Police Department
Mr. Fenimore commended the Police Department for their high clearance percentage as compared to the national percentages. Mr. Fenimore moved for acceptance of the 1996 Annual Report of the City of Dover Police Department, seconded by Mr. Salters and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of February 10, 1997.
Mr. Leary moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Lambert and unanimously carried.
Noting that there are two parts to the amendment to Section 2-70, Mr. Fenimore moved that each paragraph be considered separately, seconded by Mr. Lambert and unanimously carried.
Section 2-70, Paragraph (1) - Mayor
Mr. Hare moved for adoption of the following ordinance, seconded by Mrs. Malone.
Mr. Truitt stated that Section 14 of the City Charter defines the duties of the Mayor. It alludes to powers and duties inferred and imposed by Charter and ordinance. The citizens and business people are asking what the Mayor will be doing in addition to his present duties to warrant $45,000 per year. He stated that there is no question in his mind that the Mayor will earn every cent of the salary, but stated that Council should define the duties more specifically, without tying his hands. He suggested such duties as being available to the public, in his office, at least two or more hours per day, five days per week, and available by telephone when he has to be out of the office during regular daytime working hours, exceptions not withstanding. Mr. Truitt stated that he agrees with the concept and is comfortable with the salary, but he is not comfortable with passing the ordinance without the duties of the Mayor expressed. Mr. Truitt suggested that the Legislative and Finance Committee meet, with all members of Council present, to brainstorm the duties issue before the ordinance is passed.
Mr. Truitt moved that the ordinance be tabled until the above proposal is accomplished and that an amended proposal, including enhanced duties and responsibilities, be returned for consideration and approval at the next meeting. The motion was seconded by Mr. Pitts and failed by a vote of three (3) yes (Mr. Truitt, Mr. Pitts and Mr. Fenimore), and six (6) no (Mr. Lambert, Mr. Leary, Mrs. Malone, Mr. Salters, Mr. Hare and Mr. Christiansen).
Mr. Lambert stated that when this issue came up in the past, it was a different proposal in that it always included a proposal to assign the Mayor more responsibilities, such as having the City Manager report to the Mayor. He has always opposed such a proposal and continues that opposition. It is his fear that by assigning specific duties and responsibilities to the Mayor, it could possibly upset the delicate balance of power that we have in Dover. He stated that he will agree to some very general guidelines but he opposes any proposal to spell out in too much detail the duties and responsibilities of the Mayor. He reminded Council that the Governor of the State of Delaware has no job description and as a member of City Council, he has no job description. When a candidate runs for the position of Mayor, he or she run on a platform. In that platform, he tells the people what he plans to do and he is elected or not elected based on that platform. He reiterated that he will not support any proposal to strengthen the power of the Mayor, because he fears it will have a negative effect on our very successful City Manager form of government.
In response to suggestions that have been made, Mr. Salters suggested that a meeting of City Council (as a Committee of the Whole) and all other interested parties, be scheduled for March 18, 1997 at 7:00 p.m. to review any possible changes that may be deemed necessary relative to the duties and responsibilities of the Mayor.
In clarifying his position, Mr. Truitt stated that he agrees completely with Mr. Lambert and completely supports the City Manager form of government. His previous motion was not meant to suggest that he favored a strong Mayor form of government but that, while the City maintains the current structure, that we also define the duties, in general terms, of the Mayor.
Mr. Fenimore expressed appreciation to the Legislative and Finance Committee for their work on this subject and to its Chairman for attempting to address the concerns of defining the duties of the Mayor by suggesting that a meeting be held to address this issue. Mr. Fenimore expressed his hope that former Mayors and Council members will participate in this meeting. However, he stated that a meeting to discuss possible duties and responsibilities of the Mayor should be held prior to approval of the compensation ordinance.
Mr. Hare reminded all members of Council that during the discussion stages of this topic by the Legislative and Finance Committee, the Chairman requested input and written suggestions from all members of Council for consideration by the committee members. Not one member of Council submitted any suggestions or proposals for the committee’s review. Mr. Hare felt it unfair to the committee members that other members of Council criticize the committee’s proposal during the final stages of action.
Mr. Pitts agreed that the Chairman of the Legislative and Finance Committee requested his suggestions during review of this issue. However, he offered no suggestions to the committee because he made it clear from the beginning that he did not support the proposal for a full-time Mayor.
On a call for the question on the motion by Mr. Salters, the motion to approve the following ordinance was approved by a roll call vote six (6) yes, three (3) no (Mr. Pitts, Mr. Truitt and Mr. Fenimore):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Sec. 2-70, paragraph (1) in its entirety and inserting in lieu thereof the following:
Sec. 2-70. Compensation and Expenses - Mayor, Council, Employees and Other Elected or Appointed Officials.
In accordance with Section 12 of the Charter, authorizing Council to establish compensation and expenses for the Mayor and Council members, city employees and other elected or appointed officials, the following fees are hereby established:
(1) The mayor shall receive an annual salary of $45,000, effective May 11, 1998. In addition, the mayor shall receive an expense allotment of up to five thousand dollars ($5,000.00), to be included in the city's annual budget, for miscellaneous expenses, to be reimbursed upon submission of receipts or proper documentation. Expenses in excess of this amount shall only be permitted by Council approval. The mayor shall be entitled to all benefits customary to an employee of the City with the exception of pension benefits and sick and vacation leave.
ADOPTED: February 24, 1997
Section 2-70 - Paragraph (2) and (9) - Council
Mr. Salters moved for approval of the following ordinance, seconded by Mrs. Malone and by a roll call vote of six (6) yes, three (3) no (Mr. Pitts, Mr. Fenimore and Mr. Christiansen), the following ordinance was approved:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Sec. 2-70, paragraph (2) and paragraph (9) and inserting in lieu thereof the following:
Sec. 2-70. Compensation and Expenses - Mayor, Council, Employees and Other Elected or Appointed Officials.
In accordance with Section 12 of the Charter, authorizing Council to establish compensation and expenses for the Mayor and Council members, city employees and other elected or appointed officials, the following fees are hereby established:
(2) Each Council member shall receive an annual salary of $3,600, to be paid monthly, effective May 11, 1998. The Council President shall receive an annual salary of $4,200, to be paid monthly, effective May 11, 1998. Council members shall receive reimbursement for actual and necessary expenses incurred when on official business as prescribed by ordinance or policy.
ADOPTED: February 24, 1997
Mr. Leary moved to adjourn, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:15 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 24, 1997, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB