REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 11, 1996 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez. Mr. Lucas was absent.
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.
Mrs. Rexene Ornauer of 17 Mifflin Road addressed members of Council on an issue discussed during the Legislative and Finance Committee. Mrs. Ornauer stated that billiards are very much a family oriented form of recreation. She objected to the committee granting a waiver to the City smoking control ordinance for Capitol Billiards. She stated that they obviously were not adhering to the City ordinance prior to requesting a waiver and to grant such a waiver eliminates a recreational activity for those that cannot tolerate smoke and for those that will not subject their children to this type of pollution. It was Mrs. Ornauer's opinion that Capitol Billiards is a public facility that should have to abide by the smoking control ordinance.
Mr. Richard Ornauer of 17 Mifflin Road asked if the problems associated with the City's water treatment plant have been corrected and when the City anticipates the plant being placed in use. Mr. O'Connor stated that the problems have been corrected and the plant has been accepted by the City. The plant is fully operational but is not on-line at this time. Mr. O'Connor stated that since there was not much demand for water during the snow months, it was determined that it would be more economical to keep the plant in the stand-by mode until summer water demands warrant its use. It is anticipated that the plant will be a peaking unit facility, to be used when additional capacity is needed. Mr. Ornauer asked if the new system will eliminate the sulfur odor from the City's water supply. Responding, Mr. O'Connor stated that it will in circumstances where the water supply is low and the plant becomes the major supplier. He explained that under normal circumstances, the plant will only serve the east side of Route #13. Those living on the west side will continue to draw their water supply from deep wells and will occasionally have the sulfur odors. Those living on the end of a cul-de-sac experience this problem more than others because the water does not freely flow.
In the absence of Reverend Howell Wilkins, the invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda, seconded by Mr. Fenimore and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 26, 1996
The Minutes of the Regular Council Meeting of February 26, 1996 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - HONDA CAMPUS ALL-STAR CHALLENGE - DELAWARE STATE UNIVERSITY
The City Clerk read into the record the following Proclamation:
WHEREAS, the Honda Campus All-Star Challenge program grew from American Honda's recognition of the importance of Historically Black Colleges and Universities in educating the majority of African American college students; and
WHEREAS, since the beginning of this program, Honda has been the exclusive sponsor and has touched the lives of thousands of people who take great pride in how Historically Black Colleges and Universities contribute to the lives of all Americans; and
WHEREAS, the Honda Campus All-Star Challenge, an academic competition involving 320 of the brightest minds from 64 Historically Black Colleges and Universities, will take place in Orlando, Florida, March 28 - April l, 1996; and
WHEREAS, this competition offers a unique forum to test knowledge in an atmosphere that combines the rewards of student fellowship, academic excellence and personal achievement; and
WHEREAS, the Delaware State University is among the schools which have qualified for the National Competition.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby call upon all citizens of the City of Dover to join me in commending Delaware State University for its qualification to compete in the Honda Campus All-State Challenge and to offer our full support to those competing on behalf of Delaware State University in this very worthwhile competition.
CONTRACT BETWEEN DUKE/LOUIS DREYFUS AND THE CITY OF DOVER
Members of Council were given a summary of the Wholesale Power Supply and Services Contract between the City of Dover and Louis Dreyfus Electric Power, Inc.(LDEP), which included detailed information on the following:
Parties to the Contract Duties of Dover
Operating Arrangement Regulatory Costs
Term of the Contract Economic Devel. and Customer Retention
Price of Capacity and Energy Special Services
Duties of LDEP Other Value-added Features
We are awaiting opinions from FERC (Federal Energy Regulatory Commission), and the SEC (Security Exchange Commission). Mr. Fenimore clarified that the City is entering into a contingency contract since we are awaiting word from these two agencies before the contract is official. Responding to Mr. Fenimore's questions, Mr. O'Connor stated that it is hoped that we should have final word from the two agencies within the next two weeks.
Responding to questions by Mr. Tudor, Mr. O'Connor explained that all contracts have risks on both sides. It is the opinion of our consultants that we have minimized our risks as much as possible.
Mr. O'Connor relayed appreciation to the many people that worked diligently to complete this contract, especially Councilman Lambert for his leadership, and Lester Blakeman, who worked very hard with our consultants and with our Human Resources Director on the personnel issues associated with the contract. Councilman Lambert and members of Council also thanked Mr. O'Connor for the leadership role he took on this massive project.
Mr. Lambert moved that the Wholesale Power Supply and Services Contract between Louis Dreyfus Electric Power, Inc. and the City of Dover and the Operations and Maintenance Agreement between Louis Dreyfus Electric Power, Inc. as agent for the City of Dover and Duke/Fluor Daniels Operating Services, L.L.C., be approved as previously reviewed by Council, this contract having been recommended to Council by its consultants, the present contracts having again been reviewed and recommended by the consultants to the City and also reviewed and recommended by counsel, Kirk Howard Betts, esq. with Dickinson, Wright, Moon, Van Dusen, and also approved as to form by the City Solicitor. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
Council President Christiansen commended the members of Council for their diligence and for their ability to keep an open mind in making this very important decision on behalf of the citizens of Dover.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on February 26, 1996 with Chairman Salters presiding.
Results of Survey - Dover Plan - "From The People for the People"
In May of 1995, the Mayor and Council directed the Planning Department to prepare a revision of the 1986 Comprehensive Plan. The Planning Department held eight community planning workshops titled, "The Dover Plan - From the People For the People". Participation ranged from 35 people to 80 people at each meeting. The Planning Director submitted a detailed report on the results of the meetings. Part I of the report explains a questionnaire about planning areas and issues. Part II includes the results of the "brainstorming" exercise and Part III deals with a land planning exercise.
Mr. DePrima reviewed the details of the workshop results and informed Council that the Planning staff will use the results to guide them as they prepare the initial draft of the new Comprehensive Plan. The following schedule is planned:
April 8, 1995 - Council Meeting - First Reading of Zoning Changes
This will be a first reading of the proposed zoning ordinances, as referenced on a map.
April 10, 1995 - Public Workshop
Open forum from 4:00 - 7:00 p.m. to display proposed new Comprehensive Plan Map, proposed zoning changes and supporting documents.
April 30, 1996 - Special Planning Commission Meeting
Planning Commission will hold a public hearing and then will make a recommendation to City Council.
May 6, 1996 - Special City Council Meeting (Replaces May QOTM)
City Council will hold a public hearing and will take final action.
The committee recommended acceptance of the community participation results as outlined in Mr. DePrima's report and to commend the Planning staff for their efforts.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
Review of City Code - Chapter 16 - Peddlers
Mr. DePrima suggested the deletion of Article II (Permit) of Chapter 16, with the exception of Section 16-16(b) which would be renumbered as Chapter 16, Article I, Section 16-7 since the requirements outlined in Article II duplicates our business license code. The exception, however, is Section 16-16(b) which restricts peddlers from operating in commercial zones.
The committee recommended approval of the proposed deletion of Article II of Chapter 16, with the exception of Section 16-16(b) which will be renumbered as Section 16-7, as recommended by City staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Chapter 18.5, Section 18.5-26 - Goods to be Kept Without Concealment for Seven Days
The Police Department requested that Chapter 18.5, Section 18.5-26 and Section 18.5-27, be amended to extend the period of time that items must be kept by secondhand dealers from seven (7) days to thirty (30) days. Under the current ordinance, all items must be kept by a secondhand dealer for seven days, subject to inspection by a police officer, before disposing of the items. The purpose of this requirement is to permit a police officer to determine if any of the goods may be goods that have been reported as stolen. It is not feasible for our police officers to inspect the goods within a seven day period and the Police Department requested that the period be extended to thirty days. This does not mean that the inspections would be every 30 days, but only that the items must be held until inspected by a police officer or until 30 days has elapsed.
Some members questioned the need to increase the period of time to 30 days noting that it is a very big jump to go from the current requirement of seven days. Members also asked if those in the business of secondhand dealers were apprised of the proposed changes.
Noting the absence of Chief Smith to address questions on the proposal, the committee tabled action on the matter for discussion at a later date.
Members of Council took no action on this matter.
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 26, 1996 with Chairman Lambert presiding.
Proposed New Electric Rate Classification - Restricted Large Commercial Service
The development of open access to transmission facilities and retail wheeling has made it imperative that our electric rates be competitive. Staff recommended a new classification for Restricted Large Commercial Service. The new classification would be used to meet the needs of large commercial accounts that would qualify under specific requirements. Monthly usage must exceed 100,000 kwh per month and the demand must be in excess of 200 kwh per month. Eligibility for this rate would be determined by the City Manager. This rate would place the City in a competitive position in respect to specific large commercial customers currently served by the City.
There was discussion on the advisability of having the City Manager as the "sole" authority to determine the customer's eligibility for the rate but no action was taken to change the proposal.
The committee recommended approval of the proposed Restricted Large Commercial Service Classification.
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone. By a unanimous roll call vote, Council approved the following:
RESTRICTED LARGE COMMERCIAL SERVICE CLASSIFICATION
AVAILABILITY
This restricted rate is available throughout the City of Dover electric service area for commercial and industrial uses. The City Manager will have the sole authority to determine the customer's eligibility for this rate.
CHARACTER OF SERVICE
Secondary voltage, 60 cycle, alternating current, single or three phase service. Other voltages may be applicable where available and at the option of the City. Service must be provided through a single meter. The monthly energy usage must exceed 100,000 kwh with a demand in excess of 200 kw.
Summer Billing Months Winter Billing Months
MONTHLY RATES June through October November through May
Customer Charge 5.00 5.00
Energy Charge per kwh .045 .045
Demand Charge per kw 8.75 6.80
DETERMINATION OF DEMAND
The billing demand will be the maximum fifteen (15) 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 two hundred kilowatts (200 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 electric service shall apply to service rendered under this service classification. If a customer who is on the Restricted Large Commercial Service Classification wishes to switch to the Commercial and Industrial Service Classification, the customer may do so at the customer's choice.
Annexation/Rezoning - 908 Dover Kenton Road - Copes
An annexation and rezoning request was received from Julius and Patty Copes for their property located at 908 Dover Kenton Road. They are requesting annexation because they need to connect to City water and sewer. The property is a single family home and as such, the City Planner is authorized to make the recommendation directly to City Council on the annexation and rezoning. The recommendation of the City Planner is for approval of the annexation request. The City Planner explained that to the north, west and south of this property are lands in the unincorporated portions of Kent County and all are in use for residential purposes and zoned RS. To the east and across Kenton Road is the Dover Fire Station #2 and a single family home (both zoned as R-7 - Single Family Residential) and are located within City boundaries.
The Comprehensive Plan recommends low density homes and the Interim Annexation Policy has assigned the property as a Category #1 status which is most desirable for annexation. The City Planner has recommended the zoning category of R-8 (Single Family Residential). The County zoning category is RS (Single Family Residential).
Mr. Lambert asked if there was a reason for recommending the R-8 zone rather than the R-10 zone since the property is large enough to accommodate the requirements of the R-10 zone. Mr. DePrima stated that the structure on the lot is currently situated in such a manner that it could not meet the front and side yard setbacks of the R-10 zone.
The committee recommended approval of the Planner's recommendation of annexation of 908 Dover Kenton Road at a zoning classification of R-8 (Single Family Residential).
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote. (It is noted that an annexation referendum is scheduled for March 14, 1996 and a public hearing is scheduled for March 25, 1996.)
Acceptance of Right-of-Way - Lamplighter Lane
The property owners in The Greens, Section I, have requested that the City of Dover accept the right-of-way of Lamplighter Lane as a City dedicated and maintained street. The pavement section of Lamplighter Lane is substandard by the City's standards. The approximate cost for the project is $63,000. State legislators have included in their budget $23,000 for the project and the homeowners have contributed approximately $20,000. However, before State funds can be appropriated for this project, the right-of-way must be publicly dedicated.
Although he does not object to the concept of private roads, Mr. Fenimore suggested that the City require that developers build roads to the standards of the City so that in the event the road is later dedicated to the City of Dover, the costs associated with bringing it up to City standards is not borne by the taxpayers.
The committee recommended that the City accept the dedication of the right-of-way known as Lamplighter Lane for City maintenance.
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone 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.
ANNUAL REPORT - PLANNING AND INSPECTIONS DEPARTMENTS
The 1995 Annual Report for the Planning and Inspections Departments was submitted by Mr. DePrima.
Mr. Salters moved for acceptance of the Annual Report of the Planning and Inspections Departments, seconded by Mr. Fenimore and unanimously. Council President Christiansen commended Mr. DePrima and his staff for their continuing efforts on behalf of the City of Dover.
FIRST READING - PROPOSED ORDINANCE
Mr. Leary moved to waive the reading of the proposed ordinance before Council, seconded by Mrs. Malone and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of March 25, 1996.
Mr. Leary moved for acknowledgement of the first reading of the following proposed ordinance, by title only, seconded by Mrs. Malone and unanimously carried:
SECTION 16 - PEDDLERS - ARTICLE II - PERMITS AND SECTION 16-7 - PEDDLING PROHIBITED IN COMMERCIAL ZONES
Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:55 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 11, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB