REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 22, 1996 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.
Referring to a recent presentation on the Kent County Long Range Transportation Plan by the MPO, Council President Christiansen stated that he was unable to attend the meeting. However, based upon the information received from members of Council that attended, he stated that he is unhappy with the proposed Plan. He requested that he be permitted to create a committee to review this matter. Mr. Fenimore suggested that this be accomplished as quickly as possible, stating that there is a 30 day period of time set aside for public comment. This matter will be added to the agenda for action.
It was noted that this action is in no way critical of those that have participated in the creation of the Plan, but appointment of a committee will allow closer review of the Plan as it directly relates to the transportation needs of the City of Dover.
Mayor Hutchison informed members of Council that he attended a briefing on Dover Air Force Base where it was made public that $90 million federal dollars have been committed to infrastructure improvements at Dover Air Force Base. Mayor Hutchison stated that the City of Dover has a wonderful relationship with Dover Air Force Base and expressed his appreciation for all that the Base contributes to our community. He stated that there are approximately 8,000 people employed at the Base who give back to our community in many ways, including revenue to our local businesses.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #3B to discuss the closure of an access roadway in Stoney Creek. Mr. Fenimore requested the addition of item #2C to discuss the creation of an Ad-Hoc Committee regarding the Kent County Long Range Transportation Plan.
Mr. Hare moved for approval of the agenda as amended, seconded by Mr. Fenimore and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 8, 1996
The Minutes of the Regular Council Meeting of July 8, 1996 were unanimously approved by motion of Mr. Hare, seconded by Mr. Fenimore and bore the written approval of Mayor Hutchison.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on July 8, 1996 with Chairman Salters presiding.
Proposed Ordinance Amendment - Article V, Section 2-118 - Records Management Program
In order to comply with State statutes, all local governments in the State of Delaware must adopt a Records Management Program for their respective public records. This ensures that all agencies follow uniform policies and procedures in a records management program.
In order to comply with the above requirement, an ordinance was prepared that amends Article V of the Dover Code by adding Section 2-118, which establishes a Records Management Program for the City of Dover. The City Solicitor has reviewed and approved the proposed ordinance. The City Clerk informed members that this is a housekeeping ordinance that formalizes a policy already in use by the City.
The committee recommended approval of the proposed ordinance.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting.)
IBM Maintenance Contract
The City contracts with IBM to maintain the AS/400 and related IBM computer equipment. The maintenance fees cover all labor costs and the replacement of defective or worn parts. This provides coverage for 24 hours per day, seven days per week. IBM is the sole source for this service as they are the equipment manufacturer. With the recent purchase of the upgrade, the City has been offered a few options by IBM for managing maintenance costs over the next several years. The options considered are as follows:
1. Pay the maintenance fees on a monthly basis.
Since there is no contract to lock in prices, we used a conservative cost increase of 4% per year due to inflation. The total five year payout after 60 months is $61,804.
2. Pay the maintenance fees on a monthly basis per a contract.
The same inflation factor as in #1 was used, but having a contract provides an additional discount. The total five year payout after 60 months is $51,156.
3. Prepay the monthly maintenance fees for five years per a contract.
This locks in fixed prices and provides discounts for prepayment. The total five year payout after one month is $40,760.
4. Finance the prepayment of #3.
This locks in the same fixed prices and provides the same discounts as option #3. IBM Credit Corporation is offering financing at 5.93%. The total five year payout after 60 months is $47,220.
Based on review and present value calculations by the Finance Director, the Information Services Director recommended approval of option #3. It is felt that it provides the maximum discount of cost without the addition of finance charges. The payment of $40,760 will be allocated equally each year to the department budget. The remaining balance will be recorded as a prepaid expense.
The committee recommended approval of option #3, which requires the prepayment of the monthly maintenance fees for five years per a contract (with a total five year payout of $40,760 after one month.)
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Ad-Hoc Committee - Long Range Transportation Plan - Kent County MPO
Noting that there is a 30 day period of time set aside for public comment on the Kent County Long Range Transportation Plan, Council President Christiansen appointed the following to serve on a short-term Ad-Hoc Committee to prepare written comment, on behalf of the City of Dover, to the Kent County MPO on their proposed Long Range Transportation Plan:
Mayor James Hutchison Councilman Robert Lambert
Councilman Philip Fenimore Councilman William Truitt
Council President Christiansen requested permission to create a committee to review the Long Range Transportation Plan in greater detail, to consist of representatives of City Council, City staff and the general public. This committee will review the Long Range Transportation Plan as it directly relates to the transportation needs of the City of Dover.
There were no objections to the proposed committee.
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 July 8, 1996 with Chairman Lambert presiding.
Electric Rate Classification Revisions - Primary, Primary 2, Transmission Voltage Dover Air Force Base, and Transmission Voltage Scott Paper (Proctor & Gamble) Service Classification
The development of open access to transmission facilities and retail wheeling has made it imperative that our electric rates remain competitive. These rates will be used for our larger customers and include both specific classifications for general customer use as well as special contracts for our transmission class customers. The revisions effect the Primary Rate, Primary 2 Rate, Transmission Voltage Dover Air Force Base Classification and Transmission Voltage Scott Paper (Proctor & Gamble) Classification. By implementing these rates, we will insure that the City is competitive with the area utilities.
The committee recommended approval of the proposed Electric Rate Classification revisions.
Mr. Lambert moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and by a unanimous roll call vote, the following rate classifications were approved:
PRIMARY SERVICE CLASSIFICATION
AVAILABILITY
This rate is available throughout the City of Dover electric service area for commercial and industrial customers taking delivery at the primary voltage available, and where the transforming and protective apparatus is furnished, owned and maintained by the customer.
CHARACTER OF SERVICE
Primary voltage, 60 cycle, alternating current, three phase service.
Summer Billing Months Winter Billing Months
MONTHLY RATES June Through October November Through May
Energy charge per kwh .045 .045
Demand charge per kw 8.00 5.30
DETERMINATION OF DEMAND
The billing demand will be the maximum sixty (60) minute demand during the month, determined by a block demand meter.
In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%), the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured demand x .90
Average Power Factor
The City measures both leading and lagging power factor, treating both as non-unity power factors and the customers are billed accordingly.
MINIMUM MONTHLY BILL
The minimum monthly bill shall be equal to the demand charge which shall be based on the greater of three hundred kilowatts (300 kw) or 60% of the greatest billing demand established during any month of the 12 month period ending with the current billing month.
FUEL ADJUSTMENT CLAUSE
All kilowatt hours billed under this rate shall be subject to the Fuel Adjustment Clause approved by the Council of the City of Dover.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification. If a customer who is on the Primary Service Classification wishes to switch to the Commercial and Industrial Service Classification, the customer may do so at the customer's choice. If such a change occurs, the City will determine on a case-by-case basis which portion, if any, of the customer owned electrical equipment will be maintained by the City provided, however, that any equipment transferred to City ownership will be so transferred at no cost to the City.
PRIMARY 2 SERVICE CLASSIFICATION
AVAILABILITY
This rate is available throughout the City of Dover electric service area for commercial and industrial customers taking delivery at secondary voltage, and where the transforming and protective apparatus is furnished, owned and maintained by the City of Dover and leased to the customer.
CHARACTER OF SERVICE
Secondary voltage, 60 cycle, alternating current, three phase service.
Summer Billing Months Winter Billing Months
MONTHLY RATES June Through October November Through May
Energy charge per kwh .04589 .04589
Demand charge per kw 8.50 5.80
Monthly transformer lease rate:
300 KVA 350.00 350.00
500 KVA 400.00 400.00
750 KVA 550.00 550.00
1000 KVA 600.00 600.00
1500 KVA 900.00 900.00
DETERMINATION OF DEMAND
The billing demand will be the maximum sixty (60) minute demand during the month, determined by a block demand meter.
In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%), the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured demand x .90
Average Power Factor
The City measures both leading and lagging power factor, treating both as non-unity power factors and the customers are billed accordingly.
MINIMUM MONTHLY BILL
The minimum monthly bill shall be equal to the demand charge which shall be based on the greater of three hundred kilowatts (300 kw) or 60% of the greatest billing demand established during any month of the 12 month period ending with the current billing month and the monthly transformer lease.
FUEL ADJUSTMENT CLAUSE
All kilowatt hours billed under this rate shall be subject to the Fuel Adjustment Clause approved by the Council of the City of Dover.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification. If a customer who is on the Primary 2 Service Classification wishes to switch to the Primary Service Classification, the customer shall install their own transformer and reimburse the City of Dover for expenses incurred in the transformer changeover/removal, metering installation and for any wiring/apparatus expenses. If a customer who is on the Primary 2 Service Classification wishes to switch to the Commercial and Industrial Service Classification, the customer may do so at the customer's choice.
TRANSMISSION VOLTAGE DOVER AIR FORCE BASE SERVICE CLASSIFICATION
AVAILABILITY
This rate is available by special contract throughout the City of Dover electric service area to customers located where Dover's existing facilities are adequate to supply the character of service as specified below.
CHARACTER OF SERVICE
The electric power delivered hereunder shall be three phase, 60 cycle, alternating current at a nominal potential of sixty-nine thousand (69,000) volts.
Demand, energy and power factor will be metered at the point of delivery of service. All transformation, circuiting and protective apparatus beyond the point of delivery shall be installed, owned and maintained by the customer. Service shall be supplied and metered at 69,000 volts, and the customer is required to own and maintain all transforming, switching and protective equipment.
MONTHLY RATES
The monthly bill shall be the sum of the demand and energy charges as follows:
Summer Billing Months Winter Billing Months
June Through October November Through May
Demand Charge
All KW, per KW 6.60 5.05
Energy Charge
All KWH, per KWH .0411 .0411
DEMAND
As used herein "demand" shall be the measured integrated rate of use of energy, expressed in kilowatts, during any sixty (60) minute period. The measured demand shall be the average of the four (4) greatest demands measured on separate days of each month. In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%), the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured demand x .90
Average Power Factor
The City measures both leading and lagging power factor, treating both as non-unity power factors and the customers are billed accordingly.
MINIMUM MONTHLY BILL
The minimum monthly charge shall be an amount equal to the sum of the demand and energy charges for billing demand of seventy-five percent (75%) of the greatest billing demand during the preceding eleven (11) months and energy equal to three hundred (300) hours use of that demand.
FUEL ADJUSTMENT CLAUSE
All kilowatt hours billed under this rate shall be subject to the Fuel Adjustment Clause included in this schedule.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification.
TRANSMISSION VOLTAGE SCOTT PAPER (PROCTOR & GAMBLE) SERVICE CLASSIFICATION
AVAILABILITY
This rate is available by special contract throughout the City of Dover electric service area to customers located where Dover's existing facilities are adequate to supply the character of service as specified below.
CHARACTER OF SERVICE
The electric power delivered hereunder shall be three phase, 60 cycle, alternating current at a nominal potential of sixty-nine thousand (69,000) volts.
Demand, energy and power factor will be metered at the point of delivery of service. All transformation, circuiting and protective apparatus beyond the point of delivery shall be installed, owned and maintained by the customer. Service shall be supplied and metered at 69,000 volts, and the customer is required to own and maintain all transforming, switching and protective equipment.
MONTHLY RATES
The monthly bill shall be the sum of the demand and energy charges as follows:
Summer Billing MonthsWinter Billing Months
June Through October November Through May
Demand Charge
All KW, per KW 6.60 5.05
Energy Charge
All KWH, per KWH .03985 .03985
DEMAND
As used herein "demand" shall be the measured integrated rate of use of energy, expressed in kilowatts, during any sixty (60) minute period. The measured demand shall be the average of the four (4) greatest demands measured on separate days of each month. In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%), the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured demand x .90
Average Power Factor
The City measures both leading and lagging power factor, treating both as non-unity power factors and the customers are billed accordingly.
MINIMUM MONTHLY BILL
The minimum monthly charge shall be an amount equal to the sum of the demand and energy charges for billing demand of seventy-five percent (75%) of the greatest billing demand during the preceding eleven (11) months and energy equal to three hundred (300) hours use of that demand.
FUEL ADJUSTMENT CLAUSE
All kilowatt hours billed under this rate shall be subject to the Fuel Adjustment Clause included in this schedule.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered
under this service classification.
Stoney Creek Development - Update by City Manager
Residents of Stoney Creek Development requested, by petition, the closure of an access roadway between Stoney Creek Development and Dover East Townhomes. Although the City originally requested the access roadway for delivery of City services and for emergency access, the residents feel that the access roadway is not being used for this purpose. It is, instead, being used for access into the Dover East Development and it is has becomr an increasing problem for the residents of Stoney Creek. Those that use the access roadway are not residents of Stoney Creek and there is concern for the safety of those that live in Stoney Creek. The petition stated that there have been many incidents of speeding, screeching wheels, and excessive honking of horns by vehicles using the access roadway. The access roadway is unlit and the residents feel that it is a potential threat to the area and request that the City close the access roadway immediately.
Mr. Chuck Luton of 115 Holmes Street stated that the petition was signed unanimously by the entire development.
Ms. Lisa Skelley of 105 Margaret Court stated that the development has no stop signs and snow removal is impossible because the streets have not been completed to City standards. She stated that the developer has made no effort to complete the development and the homeowners are at a loss as to what they can do. Mr. O'Connor stated that he has talked with the developer who has promised to complete the streets to the City's satisfaction by the end of the fall of 1996. The developer is aware that if he does not comply, the City may perform the necessary work and assess him to recoup the costs. Mr. O'Connor stated that the City will install the stop signs.
Noting the presence of State Representative Donna Stone, Mr. Lambert expressed appreciation to her for her attention to this matter, noting that she forwarded a letter to the City endorsing the closure of the access roadway as requested by the residents.
Mr. O'Connor requested that the committee defer action on this matter to allow time for him to meet with the City Planner so that a staff recommendation can be submitted at the next committee meeting. Mr. Fenimore assured the residents that City Council has no desire to delay action on their request and will make a definite decision as soon as City staff has made a recommendation.
The committee recommended that Council delay for two weeks a decision on the request to close the access roadway between Stoney Creek Development and Dover East Townhomes, but that in the interim, the roadway be temporarily closed to ensure the safety of the residents of both developments.
Mr. Lambert moved to approve the recommendation of the committee, seconded by Mr. Fenimore and unanimously carried. (It is noted that Sec. 19-2 of the City Code permits the temporary closing of a street.)
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JULY 1996
By motion of Mr. Salters, seconded by Mr. Leary, the following monthly reports were accepted:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alder