COUNCIL COMMITTEES
The Council Committees Meeting was held on October 28, 1996 at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters, Mr. Hare and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of an item to the Parks and Recreation Committee to give an informational report on Open Space at the Overlook on Silver Lake.
Mr. Fenimore moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Hare and Mr. Schaefer. Mr. Merritt was absent.
Purchasing Policy Amendments
The City's purchases are governed by the Purchasing Policy adopted by City Council in 1984 and amended in 1989 and 1993. City staff is requesting the following amendments:
1. At present, purchases up to $200 each are made in the open market and written quotes are not required. This amount was increased from $100 to $200 in 1993. Staff proposes that the $200 limit be raised to $300. This will provide more speed and flexibility in purchasing. This relates to Sections 3 and 3.1 of the Purchasing Policy.
2. Section 3.2 currently requires that all purchase orders over $2,000 have the City Manager's signature. It is proposed that this amount be increased to $2,500. The change is based on the cost benefit of reviewing the number of purchase orders, time involved, and the necessary department flexibility.
Mr. Leary moved to recommend approval of the changes as recommended by City staff. The motion was seconded by Mr. Schaefer and unanimously carried.
Quarterly Write-Off - Electric Bills
Members were provided with a list of uncollectible electric bills, in the amount of $26,326.47. The list consists of those accounts from January 1, 1995 through March 31, 1995 that have shown no collection activity for a period of one year or longer. The list includes $1,227.32 from accounts that filed for bankruptcy. Federal law prohibits us 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.
Referring to a customer (Central Delaware Restaurant Association) with a balance of over $5,700, Mr. Hare questioned how an account could be allowed to get so high before discontinuing service. Mr. O'Connor stated that a commercial account can reach high numbers before the account is actually delinquent. He also explained that the City attempts to work closely with restaurants because shutting off the electricity rarely benefits anyone. Although it keeps the delinquency from increasing, it also closes down the business and any source of revenue from the business to pay the outstanding bill. There is always some risk involved, but overall the City's collection rate is 99.74% which is very good.
Mr. Fenimore reminded the public that even though the bill is written off, the City continues to work towards collection.
Mr. Leary moved to recommend that Council endorse the write-off of electric bills in the amount of $26,326.47, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 6:30 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairwoman Malone presiding. Members present were Councilwoman Malone, Councilmen Fenimore and Truitt, Mrs. Maxted and Mrs. Northshield.
Presentation by DNREC - Options for Protection and Improvement of Silver Lake
In May 1995, representatives of DNREC addressed City Council to outline a "Technical Background Report - Silver Lake Watershed" and they now wish to present "Options for the Protection and Improvement of Silver Lake". (Both reports are on file with the Office of the City Clerk.) Mr. Earl Shaver and Mr. Randy Greer were present representing DNREC and Mr. Shaver gave a slide presentation, outlining alternatives and recommendations. He explained that the above two projects represent three years of effort since the Silver Lake Watershed was accepted as a Designated Watershed under the Sediment and Stormwater Regulations. The reports include recommendations that can be taken by the City of Dover and Kent County to protect and enhance the value of Silver Lake as a regional resource. Mr. Shaver reminded the committee that when the City Planning Department surveyed households back in February, 97% of the respondents said that the lake was important to them. It was the highest rated item listed, which shows that the community cares about Silver Lake. He stated that although Silver Lake is an eutrophic lake, there are actions that can be taken to improve the health of the lake.
Mr. Shaver explained that after an enormous amount of work, they are now prepared to make recommendations to the City and to the County for a plan of action. He reviewed in great detail the technical aspects of the report, and discussed proposed suggestions for improvement of the lake for Kent County and the City of Dover. The suggestions were broken down into three categories, as follows:
General Alternatives
∙ Lake and Tributary riparian protection adjacent to the Lake and tributaries
∙ Floodplain protection through remapping of limits done 25 years ago
∙ Pollution prevention through public education
∙ Greenways - hiker-biker trails adjacent to the lake and tributaries
∙ Support for comprehensive land use plan updates
∙ Silver Lake Watershed Overlay to limit site imperviousness and to target nutrients on new developments
∙ Conservation development to minimize or eliminate the need for structural stormwater management facilities
City of Dover Alternatives
∙ Application of biologic agents to the Lake to reduce algal blooms
∙ Fisheries management (harvesting carp and gizzard shad and stocking striped bass)
∙ Housekeeping (mowing, snow placement) to reduce adverse impacts
∙ Selective dredging within the Lake of areas with highly enriched sediments
∙ Aeration to increase Lake oxygen levels
∙ Forebay construction at significant inflow points to capture sediments entering the Lake
∙ Reduction in boat engine horsepower to minimize resuspension of bottom sediments
∙ Hiring a Lake Manager to coordinate activities and direct Lake protection efforts.
∙ Dover - Silver Lake Day as an annual event
It was noted that the recommendations include a total annual cost to the City of Dover of $88,724 and a total recommended alternatives cost of $136,586. It was suggested that a lake management utility fee be implemented to fund the annual costs.
Kent County Alternatives
∙ Kent County sunset provision for resolution approval to limit the time frame that permit approvals are granted prior to initiation of construction
∙ Wetland restoration when land is developed
It was noted that the total annual cost to the County was $1,900, which is the total of their recommended alternatives costs.
Mr. Truitt asked if a considerable amount of money could be saved by using copper sulfate to treat the lake. Mr. Shaver stated that copper sulfate has been used to treat the lake, but it can only be used as a short term solution. Over a period of time it becomes very toxic and can have very adverse effects. They currently use it during the months of June, July and August which is when the potential for algae blooms are the greatest. Mr. Shaver stressed that although copper sulfate treatments help to limit algae growth, it is not a solution to the problems of the lake. Referring to the proposal for a lake manager, Mr. Truitt asked if the position would require a full-time employee. Mr. Shaver stated that although the proposal includes a full-time lake manager, there is a possibility that the responsibilities could be handled with something less than a full-time employee. His proposal was based on a worse case scenario. Responding to questions by Mr. Fenimore as to whether a lake manager is a prerequisite to the proposed partnership, Mr. Shaver stated that it is not a prerequisite. He feels, however, that the position is necessary to represent the lake on many issues.
There was in-depth discussion as to why the City's estimated costs were much higher than that of the County. Mr. Fenimore stated that many factors beyond the City's control, such as development in Kent County and maintenance of roadways by the State, aggravate the situation. He recognized that these matters are a normal part of growth, but he asked Mr. Shaver why the recommendations seem to lay the financial responsibility solely on the City of Dover and asked what responsibilities the State of Delaware may have in relationship to Silver Lake.
Mr. Shaver stated that the State has created an overlay for the watershed of which all State activities in the watershed must also comply. The DNREC has spent three years working on this study and has expended in excess of one-half million dollars. They have participated in many projects related specifically to Silver Lake.
Mr. Kevin Donnelly, also representing DNREC, assured the committee that the geographic area of Silver Lake is one of the priority areas of DNREC and in terms of discretionary resources, they will work very hard to assist with grants and other resources of funding from both the state and federal level. Before they take that step, however, they would like a commitment from the County and the City that they will participate.
Mr. Fenimore stated his hope that there is a larger commitment by the State to this entire area, stating that most of the lake pollution comes from outside the borders of the City of Dover which is a matter of which the City has no control.
Committee members expressed their support for the cleanup of the lake, but felt it unfair that City residents bear the full burden of the cleanup costs. Mrs. Malone stated that not only does much of the pollution come from outside of the City's boundaries, but she reminded members that use of the lake is not limited to City of Dover residents. It is enjoyed by residents from all over the State of Delaware.
Mrs. Maxted stated her opinion that the proposed costs are very low if spread out in monthly utility bills. She stated that it really does not matter who started the pollution or where it comes from. The most important issue is who is going to assume responsibility for initiating a cleanup of Silver Lake. She stated that it is a disgrace that there is a lake within our City that is closed for over one-third of every summer because it is too polluted to allow swimmers and is too polluted to eat the fish that comes from the lake. She stated her total support for any cleanup efforts that will make Silver Lake the pride of Dover, as it should be.
Mr. Christiansen reminded representatives of DNREC that the City has taken an active interest in Silver Lake and that the Silver Lake Commission was created specifically to work with City Council on issues related to Silver Lake.
Mr. Salters stated that he completely supports full utilization of Silver Lake but felt that its cleanup must be a joint effort with the City, County and State.
Mr. Hare and Mr. Lambert stated their appreciation for the effort and time the State has contributed to resolve the problems associated with Silver Lake. Mr. Lambert stated that regardless of where the pollution is coming from, it is here in our City and he stated his feeling that it is now time for the City to take the lead on this issue. He felt that the City should take charge and make the changes happen, feeling that cost appropriations between the City, County and State can be worked out along the way.
Representative Nancy Wagner stated her appreciation for the work done by DNREC and stated her feeling that the State should stay involved in this project. She stated that it seems that the total cost is not the issue, but that it is more of an equity issue. She suggested that the City continue moving forward on the project, but that the project be a partnership with all levels of government and that perhaps some of the funds could be appropriated from the State's 21st Century Fund.
Mr. Sherman Townsend, member of the Silver Lake Commission, stated that the City of Dover has made a verbal commitment to Silver Lake but there has been very little financial commitment. He stated his appreciation to Mr. Earl Shaver of DNREC for the enormous amount of work that he and his staff have put into this project. Mr. Townsend reminded members of the committee that nearly all of the money that has been spent on the lake in the last few years stems from grants that were obtained by the State of Delaware. He agreed with members of the committee that the County should be responsible for a more proportionate share of the costs, but agreeing with Mr. Lambert, Mr. Townsend urged the City to move forward with the project, with negotiations on an equitable position of the funding to take place as we move forward.
Mr. Fenimore moved to recommend acceptance of 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. It was stipulated that all parties report back to the Parks and Recreation Committee by the first of the year. The motion was seconded by Mr. Truitt and unanimously carried.
Informational Report - Open Space - Overlook on Silver Lake
An informational report on actions of the Open Space Review Committee was given by Councilwoman Malone. She reported that during their recent meeting, they reviewed a request for reconsideration of the Open Space plan for the Overlook on Silver Lake. She explained that during the Planning Commission meeting of December 18, 1995, a plan was approved for a combination of land, totaling 0.275 +/- acres, and a cash-in-lieu of land donation, totaling $24,910.72, to meet the active open space requirement for The Overlook on Silver Lake Subdivision. Due to some changes in the plans for the subdivision, the developer submitted a revised proposal for the dedication of active open space land for committee consideration. After careful consideration, the committee recommended to the Planning Commission that there be no change in the active open space area. It was noted, however, that the committee would be willing to review a completely different proposal for the dedication of open space for The Overlook on Silver Lake Subdivision, once the LePore property is purchased and included in the subdivision.
Meeting Adjourned at 7:30 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Fenimore and Mr. Carey and Mr. Kramedas.
Middle West Service Company Report
The City's bond resolutions require that the City retain an independent engineering consultant to inspect the City's electric system and to review the electric budget and insurance program. The City's current engineering consultant is Middle West Service Company. The have submitted their annual report for the fiscal year 1996-97 which includes information on the following:
1. Discussion on the arrangement with Duke/Fluor Daniel for the power plant management
2. Confirmation that the transmission and distribution system are generally in good condition, well maintained and operate efficiently
3. A mention of improvement in grounding and outage problems
4. A discussion on the project and funding approval process
5. A mention that the revenue and expense budgets provide for the operation and maintenance of the electric system according to sound utility practice
6. A conclusion that, for the fiscal year 1996-97, the rates are adequate from the bond holders point of view
7. A review of the insurance program for our electric system
Mr. Pitts moved to recommend acceptance of the report as submitted, seconded by Mr. Carey and unanimously carried.
Mr. Leary moved for adjournment of the Council Committees meeting, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:34 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/DJB