REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 8, 1996 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare. Mr. Leary was absent.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Pepper.
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 to speak during the open forum.
The invocation was given by Michelle White, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of Item #3A - Evaluation of Bid - Micro-Surfacing Contract. Mrs. Malone requested the addition of Item #4C - Informational Report - Open Space for Cranberry Run II. Mr. Hare moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 24, 1996
The Minutes of the Regular Council Meeting of June 24, 1996 were unanimously approved by motion of Mr. Hare, seconded by Mr. Fenimore and bore the written approval of Mayor Hutchison.
PUBLIC HEARING - ALLEY ABANDONMENT - UNIMPROVED ALLEY RUNNING NORTH TO SOUTH, LYING ON THE WESTERLY SIDE OF EAST DRIVE, BETWEEN GARDEN LANE AND LAKEVIEW DRIVE
A public hearing was duly advertised for this time and place to consider abandonment of an unimproved alley, running north to south, lying on the westerly side of East Drive, between Garden Lane and Lakeview Drive.
Mr. O'Connor explained that a request was received from Ms. Connie Vassas of 478 N. East Avenue to abandon the unimproved alley which runs behind her home so that she can construct a fence around her rear yard. The unimproved alley is not currently used by the City and the City has no plan to use it in the future. It is the recommendation of City staff that if Council chooses to abandon the alley, that the entire alley be abandoned and that the City retain a utility easement for the entire length and width of the alley.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Lambert moved to abandon the alley as recommended by staff. The motion was seconded by Mr. Hare and by a unanimous roll call vote (Mr. Leary absent), Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alley:
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running north to south, lying on the westerly side of East Drive between Garden Lane and Lakeview Drive and that portion of the alley parallel to East Drive being 15 feet wide and approximately 461.69 feet in length comprising of 6925.35 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: July 8, 1996
PROPOSED FRANCHISE AGREEMENT - CABLE SERVICES - COMCAST CABLEVISION OF DELMARVA, INC.
Mr. Lambert stated that the Communications Committee has worked on the Cable Franchise Agreement with Comcast Cablevision of Delmarva, Inc. for many months. A draft of the agreement was sent to members of Council on June 28, 1996. The following major items were highlighted by Mr. Lambert:
∙ The agreement is for five years from the date of signing.
∙ This is a nonexclusive franchise. The City can grant franchises to other cable providers.
∙ A franchise fee of five percent of their gross revenue is payable to the City. The fees will be paid quarterly as opposed to the current annual payment.
∙ The City will have a channel available for public, educational and governmental (PEG) use.
∙ Comcast will provide a parental control device at the request of the subscriber (sale or rent) under the applicable law.
∙ Comcast will comply with the FCC Customer Service Standards.
∙ The City has a right to audit Comcast's books for verification of the franchise fee amount.
∙ There are provisions for the performance bonds, transfer of the franchise by Comcast to another company, insurance, litigation, default, etc.
∙ The City has a right to delegate its authority to any body, organization or official.
∙ There is a provision for the City to receive a basic service outlet for each City building, including two fire stations, and for the schools in Dover.
Mr. Lambert stated that this agreement provides the legal framework for the City to manage its rights-of-ways and to collect its franchise fees. It is also a foundation for future agreements. The last agreement was written over 15 years ago and was in effect from January 1979 and expired in January 1994. Since that time, the agreement has been extended and the City is currently operating under that extension. Mr. Lambert stated that although the Cable Communications Committee has completed this Agreement, they now must establish a Telecommunications Policy for the City, which was recommended with the Telecommunications Act of 1996.
Mr. Lambert moved for approval of the committee's recommendation to accept the Cable Franchise Agreement with Comcast Cablevision of Delmarva, Inc. and that the Chairman (Robert Lambert) be authorized to sign the agreement. Mr. Fenimore seconded the motion.
Mr. Truitt expressed many concerns with the agreement. He understands that the City only has control over the limited basic rate and that all other rates are controlled by the FCC. However, he reminded Council members that subscribers have seen three rate increases this year. The rate increases are largely in the equipment charges, miscellaneous services and the premium channels.
Mr. Truitt stated that he discovered that if you complain about the rates to Comcast, they offer some sort of package that you can subscribe to that provides four premium channels rather than three at less money. This package was not advertised to the general public and was only offered to those that complained. Mr. Truitt felt that this type of business seems unethical and is very unfair to the other subscribers.
All subscribers used to receive a Cable Guide which was paid for under the basic rate charge. Comcast began to charge $1 for the Guide and they recently increased this fee to $2.
Referring to the channel line-up, Mr. Truitt stated that a popular channel, Channel 13 out of Baltimore, has been eliminated and replaced with a home shopping channel. There are now three home shopping channels on their line-up. Channel 4 used to be the weather station, which has now been moved to Channel 60. He stated that Channels 58, 59 and 60 are so fuzzy that he can hardly see them. When he complained to Comcast, he was told that it was a satellite problem. He stated his opinion that our only solution is to look for competition since lack of competition leads to a monopoly.
Although he agrees with many of Mr. Truitt's comments, Mr. Lambert explained that the Franchise Agreement is only the legal framework for the City to manage its rights of way and to collect our franchise fees. He agrees that competition is the only way to regulate rates and service and the Communications Committee has worked diligently towards this priority. He reminded Mr. Truitt that under the Cable Act of 1992, the premium channels are totally unregulated and the tier channels are regulated by the FCC. The only regulatory power the City has to any degree is with the basic service rates, although there is very little power given to the City even in this category. He stated that since his involvement, the City has always regulated Comcast to the very lowest rate that the law permits. Although the Communications Committee agrees with Mr. Truitt's concerns, there is very little they can do. It is felt, however, that the Tele-Communications Act of 1996 will open up an opportunity for competition with not only cable companies, but also with telephone companies. To ensure that the public clearly understands, Mr. Fenimore reiterated that the City does not and cannot legally control the rates that are charged by Comcast.
Mr. Hare reminded Council that Comcast is a private business and they are in business to make money. He stated that citizens are upset because cable rates have increased, but stated that we must remember that inflation has caused price increases to the automobile industry, at grocery stores, retail stores, etc. He stated that if the population of Dover warranted competition with cable companies, there would be more than one cable company vying for our business. In terms of service, Mr. Hare stated that he has always received excellent service from Comcast.
Mr. Salters stated his opinion that the basic rates are fair for the service received. The premium and tier channels are expensive but they are additions that a customer may choose to subscribe to if they wish to spend the additional money.
Mr. Fenimore called for the question on the motion to accept the Cable Franchise Agreement with Comcast Cablevision of Delmarva, Inc. and that the Chairman (Robert Lambert) be authorized to sign the agreement. The motion was approved by a roll call vote of six (6), yes one (1) no (Mr. Truitt), one (1) abstention (Mrs. Malone) and one (1) absent (Mr. Leary).
Council President Christiansen thanked the members of the Communications Committee for the exhaustive work they have performed on behalf of the City of Dover and requested that they continue their efforts towards a Telecommunications Policy for the City. Mr. Lambert, Chairman of the Communications Committee, expressed appreciation to Comcast representatives who worked cooperatively with the Committee. He acknowledged committee members Councilman Fenimore, Mr. Charles Weller, Mr. Irv Levitt, Mr. O'Connor and Mr. Karia. Although Councilwoman Malone is not currently a member, she was a member throughout a good part of the negotiating process and Mr. Lambert thanked her for her assistance. Mr. Lambert paid special tribute to the financial assistance given by Mr. Karia.
Evaluation of Bids - Micro-Surfacing Contract
In accordance with the City's objective to maintain its streets in an economical and highly usable fashion, the Department of Public Works has evaluated several interim pavement maintenance applications. Based on review of the existing technology in the field, the Public Works staff produced standards and specifications for a process known as micro-surfacing. The project specifications were completed in May 1996 and bids have been submitted by the following vendors:
E.J. Breneman, Inc. Sinking Spring, PA $ 89,018
New York Bituminous Chester, NY $111,156
Public Works staff evaluated the bids and visited several locations with the low bidder to ensure that the quality of work meets City standards. Due to budget constraints, the program has been reduced; therefore, the amount of the adjusted low bid is $77,542.
Mr. O'Connor explained that the concept of micro-surfacing is relatively new. Rather than replacing an entire roadway surface, micro-surfacing is resurfacing on top of the current roadway. It cannot be done on streets that have a weak base. It does not have as long of a life expectancy as total resurfacing, but it has a life expectancy of up to 2/3 of that of total resurfacing, which is approximately 12 years (depending upon the harshness of weather). Mr. O'Connor stated that micro-surfacing is approximately 2/3 the cost of total resurfacing. Using micro-surfacing on some of our roadways will allow us to make an impression on our street program by re-surfacing more streets at a lower cost.
The committee recommended approval of staff's recommendation to award the contract for the 1996 Micro-Surfacing Program to E.J. Breneman, Inc., in the amount of $77,542
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote (Mr. Leary absent).
Mr. Lambert moved for approval of the Utility Committee Report, seconded by Mr. Fenimore and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on June 24, 1996 with Chairwoman Malone presiding.
Request for City to Assume Responsibility for Mallard Pond - Mallard Pond Homeowners Association
During a committee meeting of March 27, 1995, the Parks and Recreation Committee considered a request from the Mallard Pond Homeowners Association for the City of Dover to assume responsibility for Mallard Pond. City Council accepted the committee's recommendation that the request be denied until such time as roadway access to the park is obtained, at which time the request would be reconsidered by the committee.
In a letter dated June 14, 1996, Mr. Mark Riddell, President of Mallard Pond Homeowners Association, requested that the City again consider assuming responsibility for the grass land and pond bounded by Heatherfield East, Fox Hall West, Dover country Club Apartments and Mallard Pond. Mr. Riddell stated in his letter that roadway access to the area is now possible for City mowing and service vehicles via the main entrance to the townhome development currently under construction.
The City Clerk's Office sent out notices of this meeting to property owners in the vicinity of the park to inform them of the City's consideration of the request for the City accept responsibility of the park. No one has relayed to her any objections to the proposal. One resident, Mr. Willis Williams of 240 N. Caroline Place, called Mrs. Malone to relay his support for the City assuming responsibility for the park.
Referring to concerns of former Councilman Weyandt, Mr. Fenimore pointed out that if Council approves this request it would be contrary to the City's parkland ordinances. Mr. Fenimore stated that he discussed with the City Manager the issue of potential liability and was told that the City would be no more liable on this parcel than with any other City maintained parcel. Mr. O'Connor also informed him that any costs for insurance would be marginal. In terms of maintenance costs, the City would incur the expenses of mowing which the City Manager feels is also marginal. Of greater concern to Mr. Fenimore is the expectations of the citizens as well as the expectations of the City. He alluded to such considerations as: (1) how the park would be developed, (2) would it remain as a passive park or is there expectations for some form of entertainment, (3) would there be a parking concern for those that wish to park on the public streets in the vicinity of park, (4) are the nearby property owners prepared to permit access by residents from throughout the City since its use cannot be limited to only those who live in the vicinity.
Referring to former Councilman Weyandt's concerns about the City's parkland ordinances, Mrs. Malone clarified that it was the committee's intent to eliminate maintenance by the City of the small pockets of parkland throughout the City. It was not their desire to eliminate a large parcel of property which could be valuable to the City in terms of open space and parkland. She reminded Council that the previous position of City Council in approving cash in lieu of parkland has resulted in very little open space in West Dover. This park would be very beneficial to the City of Dover in providing open space and parkland in a heavily populated residential area.
Mr. O'Connor stated that he and the Parks and Recreation Director, Mr. Zach Carter, looked at this parcel last year. At that time, the City was looking at placing larger parcels of land together to develop parks in the west part of Dover. This parcel would tie in with open space that will eventually be dedicated by Fox Hall West. This is an ideal location for a park, with little financial impact on the City. Mr. O'Connor reiterated Mr. Fenimore's concerns with expectations for the use of the park, stating that the City reserves the right to make changes in the use of the park.
Mr. Hare stated concerns with setting a precedent that would force the City to assume responsibility for private open space in other developments. Since the City has no desire to assume responsibility for small parcels of open space in residential communities, he felt that acceptance of this park would make it difficult to deny any future requests. Mrs. Malone explained that this particular parcel is one that the City would like to assume as it will fulfill a need for open space for the many adjacent residential communities. She stated that the City could review all requests on a case by case basis.
Mr. DePrima stated that the new ordinance has provisions for public dedication of land when the City, after analysis, feels that it is a good location for a public park. Although the ordinance urges private open space, there are clauses for public dedication in certain circumstances.
Mr. Salters stated no objections to the City accepting responsibility for the park, but warned that adjacent property owners must realize that a public park may create problems such as noise and parking.
Mr. John Rowley, Treasurer of Mallard Pond Homeowners Association, stated his opinion that the property owners do not object to the types of uses planned for the park, but only that it be kept as a park. Mr. Rowley stated that only 31 homeowners are responsible for maintaining the park, yet it is open for use to the general public. They feel that if it is maintained by the City, it will take the burden of maintenance from only a few homeowners and it will be an asset that can be enjoyed all residents of the City.
Mr. Mark Riddell, President of the Mallard Pond Homeowners Association, stated that the homeowners feel that although they are required to maintain the park, they have very little authority over its use. They believe that it would benefit a greater number of people if the City were to assume responsibility for the park and open it up to others. Mr. Riddell stated that the property owners are aware that the City could change the current use of the park and they have no objections as long as it is maintained as a park.
The committee recommended that the City assume responsibility for the grass land and pond bounded by Heatherfield East, Fox Hall West, Dover Country Club Apartments and Mallard Pond.
Utilizing the consent agenda format, Mrs. Malone moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Informational Report - Open Space - Luther Towers - Phase IV
On May 16, 1996 a meeting was held to discuss the open space for Luther Towers - Phase IV. The subdivision required 12,100 sq. ft. of land to be provided for recreational use. Luther Towers has provided 80,500 sq. ft. of land for recreational use. They plan only 292 units for the entire site. The area that will be dedicated for open space is currently used for recreational area and they have made the following improvements: Dock, walking path, shuffle board court and park benches. These improvements are appropriate for the age group living in Luther Tower and they meet the requirements of the open space ordinance.
This was an information report and Council took no action.
Informational Report - Open Space - Cranberry Run Phase II
On June 27, 1996 a meeting was held to discuss the open space for Cranberry Run Phase II, which is adjacent to the Cranberry Run I subdivision, located on the northerly side of Route #8, immediately west of Heatherfield. The subdivision consists of 37.3 +/- acres of land which will be developed into 53 single family residences. The developer recommended the dedication of approximately 15.3 +/- acres of open space, including one-half acre dedicated as active open space. The 15.3 acres of open space ties into the passive open space of Cranberry Run Phase I and
the proposal for the one-half acre of active recreation space meets the Zoning Code regulations. The Open Space Committee recommended that the Planning Commission approve the developer's proposal.
This was an information report and Council took no action.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:05 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 8, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB