REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 17, 1996 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 Major Faulkner, 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.
Mr. Leary referred to an increasing number of tractor trailers parking along McKee Road, between Walker and College Roads. He stated that he has received several complaints about it and asked City staff to look into the matter to determine if City ordinances are being violated. The Inspections and Police Departments will jointly respond to Mr. Leary’s request.
The invocation was given by Reverend Howell Wilkins, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Fenimore requested the addition of a Resolution supporting re-development of the Old Dover Train Station. Mr. Salters requested the addition of the Legislative and Finance Committee Meeting Report and Mr. Lambert requested the addition of the Utility Committee Meeting Report.
Mr. Hare moved for approval of the agenda as amended, seconded by Mr. Fenimore and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 25, 1996
The Minutes of the Regular Council Meeting of November 25, 1996 were unanimously approved by motion of Mr. Salters, seconded by Mr. Hare and bore the written approval of Mayor Hutchison.
COUNCIL APPOINTMENTS
Building Inspector
Mr. Fenimore moved to nominate Mr. Anthony DePrima to serve as Building Inspector, seconded by Mr. Leary and unanimously carried. Mr. Fenimore moved that nominations be closed, seconded by Mr. Leary. The nomination of Mr. Anthony DePrima was approved by a unanimous roll call vote.
City Assessor
Mr. Lambert moved to nominate Mr. L. Chapman Lucas to serve as City Assessor, seconded by Mr. Hare and unanimously carried. Mr. Fenimore moved that nominations be closed, seconded by Mr. Leary. The nomination of Mr. L. Chapman Lucas was approved by a unanimous roll call vote.
RESOLUTION - OLD TRAIN STATION - DELAWARE TRANSIT FACILITY
Mr. Fenimore stated that during a recent meeting with representatives of Delaware Department of Transportation and other State agencies, it was suggested that the City of Dover officially notify the State on its position on the use of the Old Train Station site for a Delaware Transit Facility. This suggestion inspired the creation of a Resolution which officially states the position of the City of Dover relative to the City’s support to locating the central Delaware Transit Facility at the Old Dover Train Station site.
Mr. Hare moved to waive the reading of the Resolution, seconded by Mr. Fenimore. By motion of Mr. Hare, seconded by Mrs. Malone, Council unanimously adopted the following Resolution:
Whereas, the State of Delaware Department of Transportation and the Delaware Transit Corporation have requested $2.4 million for development of a central Delaware Transit Facility; and
Whereas, the central Delaware Transit Facility will consist of offices, bus maintenance, a service center, and a transfer center for the Delaware Transit Corporation; and
Whereas, the State of Delaware already owns the building and lands known as the "Old Dover Train Station" which is slated to be vacated in 1997; and
Whereas, there is ample surrounding property available and suitable for re-development, and when combined with the building and lands of the Old Dover Train Station, there is sufficient property to develop a central Delaware Transit Facility; and
Whereas, the Old Dover Train Station and adjacent lands are in a low income and minority neighborhood which could benefit from the jobs created, service provided, and the investments made for a new central Delaware Transit Facility; and
Whereas, the Old Dover Train Station is a historic building which could be preserved through its re-use as offices for the Delaware Transit Corporation; and
Whereas, the location of the transfer site at the Old Dover Transit Station would be within walking distance to the many transit customers who live in adjacent neighborhoods; and
Whereas, the Old Dover Train Station is centrally located near the State Capital, Downtown Dover, Delaware Route 8, Route 15, Route 13, State Street, Loockerman Street, and Governors Avenue, making it an ideal location for a transfer station and state offices; and
Whereas, locating the transfer center at the Old Dover Train Station would cause a minimum disruption of existing lines because it is within one-half mile of ten existing Transit Routes; and
Whereas, locating the transfer center at the Old Dover Train Station would complement future passenger rail service to Dover which is the desire of many citizens of Delaware; and
Whereas, investing in the Old Dover Train Station and the adjacent land would have a significant economic revitalization impact in keeping with the Goal's of the Governor's "Shaping Delaware’s Future" Report which advocates investment and re-development in existing communities; and
Whereas, the re-development of the Old Dover Train Station and the adjacent property for a Transit Facility is supported by the Downtown Dover Development Corporation, Main Street Dover, Inc., the Central Delaware Chamber of Commerce and the Delmarva Rail Passenger's Association; and
Whereas, the State of Delaware has demonstrated through the re-development of the Richardson and Robbins Buildings that re-adaptation of historic buildings is feasible and desirable.
Whereas, the Delaware Department of Transportation and the Delaware Transit Corporation have undertaken nearly identical re-development actions at the Wilmington Train Stations to the same good effect as we seek in the Capital City.
Now, therefore, the Mayor and City of Dover Council support locating the central Delaware Transit Facility consisting of offices, bus maintenance, service center, and a transfer center at the Old Dover Train Station and surrounding properties.
ADOPTED: December 17, 1996
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. In considering the outstanding job performance of City Manager, James R. O’Connor, Mr. Salters moved that the City Manager receive a $5,000 per year increase for the next three years, effective January 1st of each year. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met prior to the Council Meeting on December 17, 1996 with Chairman Salters presiding.
Quarterly Write-Off - Electric Bills
Members were provided with a list of uncollectible electric bills, in the amount of $25,448.59. The list consists of those accounts from April 1, 1995 through June 30, 1995 that have shown no collection activity for a period of one year or longer. The list includes $1,446.18 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.
The committee recommended that Council endorse the write-off of uncollectible electric bills in the amount of $25,448.59.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Hare and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met prior to the Council Meeting on December 17, 1996 with Chairman Lambert presiding.
Water System Interconnection - Winding Ridge
An agreement for water sales between the City of Dover and Tidewater Utilities, Inc. was submitted for the committee’s review. Mr. O’Connor explained that Tidewater desires to establish a water system interconnection with the City at the Winding Ridge subdivision on Road #104. The proposed Agreement will establish a water system interconnection with Tidewater at the Interconnection Location for the purpose of selling water to Tidewater.
There was general discussion by Committee members for further clarification on the intent of the Agreement.
The committee recommended approval of the Agreement for Interconnection and Water Sales/Purchase with Tidewater Utilities, Inc., stipulating that language be included to provide for an escape clause in the event of a catastrophic event.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Bid - Bucket Truck
The engine failed in truck #772, a 1984 GMC truck equipped with a 50' aerial device. After evaluating the age and condition of the truck, it was determined that it was not economically feasible to replace the engine. Bids were solicited for the purchase of a new, or a dealership demonstration, 48' bucket truck.
Three bids were received and all met the intent of the specifications. Staff recommended that the bid be awarded to Baker Equipment in the amount of $79,550, for a demonstration unit complete with a Versalift Model VST-5000-MHI aerial tower, Time Mfg. 131" Line Body, and a 1995 International 4700 Cab and Chassis.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved for approval of the committee’s recommendation to award the bid to Baker Equipment in the amount of $79,550, seconded by Mr. Hare and carried by a unanimous roll call vote.
Over-sizing Sewer - Village of Westover
The City requested over-sizing and extra depth of the sewer installation by the contractor in the Village of Westover. The over-sizing and extra depth will accommodate future development of adjoining lands. Phase II and the final phase for our over-sizing have begun. Staff recommended that $180,000 be taken from the Sewer Impact Fee account to complete the project. It was noted that this represents the last payment on the project. Although it is not currently known if this over-sizing will actually be necessary, Mr. O’Connor stated that the City Solicitor has determined that the City is obligated to fund it since the City requested the upgrade.
The committee recommended that staff be authorized to expend $180,000 from the Sewer Impact Fee account to pay for costs associated with over-sizing and extra depth of sewer installation by the contractor in the Village of Westover.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of November 25, 1996.
Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Fenimore and unanimously carried.
Mr. Hare moved for adoption of the following ordinances, seconded by Mr. Fenimore 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 be amended by deleting Article V, Wastewater Collection Impact Fees, Sections 22-257 and 22-258 in their entirety and inserting in their place the following:
ARTICLE V. WASTEWATER COLLECTION and TRANSMISSION IMPACT FEES
Section 22-257. Establishment of equivalent dwelling units.
(a) Definitions. As used herein:
(1) "EDU(s)" means equivalent dwelling unit(s).
(2) "GPD" means gallons per day.
(b) Determination of EDU’s for residential dwellings. Whenever by ordinance or by contract the city imposes or assesses wastewater collection and transmission charges or fees on the basis of EDU's, an EDU shall be determined as defined in the most recent Impact Fee ordinance adopted by the Levy Court of Kent County. An EDU for a residential dwelling shall be determined as follows:
(1) Houses, dwellings, mobile homes and apartments with one kitchen and one or more baths and bedrooms separate from kitchen 1.0 EDU
(2)Efficiency unit or cottage having a living space in one room and having one bath
1.0 EDU
(3) Dwelling with one kitchen and one or more baths and bedrooms separate from kitchen and attached to other dwellings or structures 1.0 EDU
(c) Determination of EDU’s for nonresidential establishments. Whenever the city imposes or assesses wastewater collection and transmission charges or fees on the basis of EDU's, the number of EDU's to be charged shall be determined using the appropriate "Specific Assessment" as defined in the most recent Impact Fee ordinance adopted by the Levy Court of Kent County. When users propose to discharge wastewater under circumstances other than the Specific Assessments defined by Kent County, the City's impact fee shall be calculated by the City Engineer based on flow in GPD. In such cases where the impact fee is calculated by flow, each EDU shall be equal to 300 GPD.
(d) Minimum EDU assigned. A minimum of one EDU will be assigned to each establishment connecting to the system. No fractional parts of EDU's will be assigned. Number of EDU's shall be rounded up to the nearest whole number of EDU's.
(e) No EDU assigned. If an establishment does not have any physical facilities which have a load producing effect on the city's wastewater collection and transmission system, then the number of EDU(s) assigned to it shall be zero.
(f) Maximum EDU’s assigned. The City of Dover shall in no case charge an impact fee based on more than I 00 EDU's per certificate of occupancy.
Section 22-258. Wastewater collection and transmission impact fee established; payment, credits.
(a) It is hereby determined that additional users to be connected to the city wastewater collection and transmission system will cause a reduction in presently existing excess capacity and will eventually contribute to the need to expand the city wastewater collection and transmission system. Such additional users should contribute capital to be used for the expansion of the city wastewater collection and transmission system. The city's engineers have determined that the calculation methods and procedures in the most recent Impact Fee ordinance adopted by the Levy Court of Kent County will be used to establish wastewater collection and transmission impact fees for additional users based on the number of EDU's. A copy of this ordinance is on file with the City. A comprehensive study of the city's wastewater collection and transmission system was completed and a master plan developed for the orderly expansion of the city's wastewater collection and transmission system (Whitman, Requardt and Associates, "City of Dover, Delaware, Wastewater System Master Plan," July 1987). It is in the best interest of the city and users of the city wastewater collection and transmission system to establish an impact fee. A study of the city's wastewater collection and transmission system will be conducted as needed and the master plan updated accordingly, but not more frequently than every five (5) years.
(b) Every additional user to be connected to the city wastewater collection and transmission system whether within the city's boundaries or outside the city's boundaries and receiving service through contract directly with the city, shall pay an impact fee based on the amount of EDU’s to be generated by such use. Commercial users at the time of plan submittal must submit their proposed fixture unit schedule for the construction. The purpose of the impact fee and the standard by which its amount is determined is as a contribution of capital toward the expansion of the city's wastewater collection and transmission system. The impact fee shall be adjusted, from time to time to reflect changing costs and it shall be in addition to all other charges and assessments made in connection with the furnishing of wastewater collection and transmission service. The amount of the wastewater collection and transmission impact fee shall be as adopted by the City Council, and which amount shall be kept in a separate, interest-earning expansion account and shall be used only for costs associated with the expansion of the city's wastewater collection and transmission system. This impact fee shall be in addition to any assessment or tapping fee.
(c) Any connection to the city’s wastewater collection and transmission system will be credited with any EDU(s) existing on the property. As an example, if a house with an EDU is demolished and a structure with fifty (50) EDU’s is put in its place, the owner shall pay a sewer impact fee based on forty-nine (49) EDU’s. No EDU’s shall be transferred from one property to another property whether or not such properties are owned by the same person without the approval of city council.
(d) All applicants for service which have been served by either private individual wastewater disposal systems or private wastewater treatment plants shall be subject to a deferred impact fee charge. Payment of the deferred impact fee charge shall not be required until such time as connection is made directly to the City’s wastewater collection and transmission system. The amount of the charge shall be based on the prevailing impact fee at the time of connection. This fee shall be in addition to any assessment to tapping fee.
ADOPTED: December 17, 1996
Mr. Fenimore moved to adjourn, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:45 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 17, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB