COUNCIL COMMITTEES
The Council Committees Meeting was held on March 11, 1996 at 6:00 p.m. Members of Council present were Mr. Tudor, Mr. Leary, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mayor Hutchison. Council President Christiansen, Mr. Lambert, Mr. Pitts and Mr. Hare arrived after commencement of the Committee meetings.
AGENDA ADDITIONS/DELETIONS
There were no additions or deletions to the agenda.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Mr. William Schaefer and Mr. James Washington. In the absence of Mr. Hare, Mrs. Malone was deputized to serve as a member. (Mr. Hare arrived during the course of the meeting.)
Proposed Amendment - Chapter 18.5 - Secondhand Dealers - Section 18.5-26 - Goods to Kept Without Concealment for Seven Days - (Tabled on 2/26/96)
During the committee meeting of February 26, 1996, committee members tabled action on a proposal to amend Section 18.5-26 of the Code to extend the period of time for goods to be kept from seven (7) to thirty (30) days.
Mr. Leary moved to remove the matter from the table, seconded by Mrs. Malone and unanimously carried.
Taking into consideration concerns of committee members in extending the period of time to thirty (30) days, Chief Smith recommended that the period of time be extended from seven (7) days to fourteen (14) days. He felt that a fourteen (14) day period of time would resolve concerns of extending the time too drastically and would still allow adequate time to properly inspect the property and meet the intent of the ordinance.
This amendment would also require amendment to Section 18.5-27 to extend the period of time from seven (7) to fourteen (14) days and to correct a typographical error to change any reference to Section 18-5-35(a) to Section 18.5-25(a).
Asked by Mr. Tudor if businesses such as Spences Bazaar come under the umbrella of this ordinance, Chief Smith stated that they do. He reminded members that the current ordinance also applies to these types of businesses. The amendment simply extends the period of time that the goods shall be kept. Chief Smith stated there is no guarantee that all secondhand dealers abide by the ordinance, as is the case with any law. Adoption of the ordinance gives the Police Department the authority they need in order to enforce it. The Police Department has a Pawn Shop Detail that currently visits pawn shop sites, as well as Spences Bazaar.
Mr. Leary moved to recommend that Sections 18.5-26 (Attachment #1) and 18.5-27 (Attachment #2) of the City Code be amended as recommended by Chief Smith. The motion was seconded by Mrs. Malone and unanimously carried.
Capitol Billiards - Request for Appeal of Section 14-15 (Smoking Regulations) of City Code In accordance with Section 14-15, paragraph E-(3), Capitol Billiards requested a waiver from the requirements of Section 14-15 to allow smoking in their place of business. In a letter to Council, Mr. Ralph Causey, President, stated that between 60 % and 85 % of their customers are smokers. They have taken steps to help alleviate smoke such as installing two large Space Gard air cleaners and 14 ceiling fans. They feel that if smoking is banned at Capitol Billiards the financial impact could quite possibly force them to close their doors.
A letter was received from Mr. Daniel Roberts who voiced objections to approving a waiver for Capitol Billiards. Mr. Roberts stated that young children are brought to Capitol Billiards and are subjected to the second hand smoke. Mr. Roberts stated that he too is a smoker but would have no objections to going outside to smoke if smoking was banned in the establishment.
Mr. DePrima explained that exceptions have been granted in the past to Dover Downs and to Dover Bowl. Dover Downs was given a blanket waiver and Dover Bowl was granted an exception to the ordinance, but it was stipulated that non-smoking be encouraged and that they attempt to separate smokers from non-smokers. Under the current ordinance, a Billiard Parlor is a public place and must abide by the City smoking ordinance.
Referring to the complaint, Mr. Salters stated his opinion that a Billiard Parlor is not typically considered a family recreational facility. He wondered if a smoking prohibition would cause undue hardship on the owner since, in his letter he stated that the majority of his customers are smokers.
Mr. Ralph Causey, President of Capital Billiards, stated that the image of old-time pool halls has changed over the years and they attempt to make their facility one that is conducive to family recreation. The have patrons of all ages, but it would be difficult to separate the room to accommodate smoking and non-smoking sections. To his knowledge, this is the first complaint that has been lodged with the City against his business since it opened four years ago.
Since the business is promoting family recreation, Mrs. Malone stated that she was hesitant to approve a total waiver from the smoking ordinance.
Mr. Schaefer moved to recommend that Council grant the waiver from the City's smoking ordinance as requested by Capitol Billiards and in accordance with Section 14-15. The motion was seconded by Mr. Leary and carried with Mrs. Malone voting no.
Responding to concerns of Mrs. Malone, Mr. Schaefer stated his feeling that the City would reconsider this action in the event that serious complaints are received in the future.
Miscellaneous Zoning Ordinance Amendments
Three minor amendments to the Zoning Ordinances were submitted by the City Planner. The amendments are to the RG-2, RG-4 and RG-5 zones which would remove language in the Code which regulates buildings via the form of ownership and replace it with uses based on defined types of buildings. It is generally believed that zoning regulations should not reference forms of ownership. The proposed amendments have been reviewed and approved by the City Solicitor and the Planning Commission recommends their approval.
Mrs. Malone moved to recommend approval of the proposed zoning ordinance amendments, as recommended by the City Planner. The motion was seconded by Mr. Leary and unanimously carried. (It is noted that a public hearing is required to amend the Zoning Ordinances and it is suggested that the public hearing be set for April 22, 1996.)
Mr. Fenimore expressed appreciation to City staff and the City Solicitor for their action on this matter.
Purchase of Criminalistic Van
A need was identified to enhance the Police Department's ability to properly detect, collect and process evidence required to identify, arrest and effectively prosecute cases. At the present time, the City Police Department has no type of evidence collection vehicle. Funding in the amount of $70,000 was obtained from grant resources to make this purchase.
The evidence collection vehicle will allow trained investigators to respond to any type of crime and have at their disposal over 25 specialized evidence field collection kits. The vehicle is also equipped with a generator, sink, refrigerator (for storage of blood samples), evidence storage cabinets and floodlights. The training of personnel in the use of the vehicle and the specialized collection kits are essential to be successful.
SIRCHE is the single vendor that meets the needs of the Dover Police Department to supply a vehicle fully equipped, with training, and does not require that we develop specifications. SIRCHE is located in New Jersey, but the other two possible vendors are located in Wisconsin and California. It was noted that the Wilmington Police Department purchased a similar vehicle in 1994 from SIRCHE.
The Police Department requested approval of the purchase of the criminalistic van from SIRCHE at a cost of $65,000 to be funded from grant resources.
Mr. Leary moved to recommend approval of the purchase as recommended by staff, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 6:30 P.M.
UTILITY COMMITTEE
The Utility Committee met with Councilman Tudor presiding in the absence of Chairman Lambert. Members present were Mr. Care and Mr. Kramedas. Mr. Hare was deputized to serve as a member.
Evaluation of Bids - Diesel Powered Municipal Street Sweeper
In conjunction with the City's Capital Investment Plan, the Department of Public Works proposed the replacement of an existing mobile sweeper. This piece of equipment is used on a continuous basis to clean streets of various types of debris and operates on both day and night schedules on all streets throughout the City. Two vendors submitted bids for the street sweeper, with the low bid from Mid Atlantic Waste Systems, Inc. for a TYMCO 600 BAH Mobile street sweeper in the amount of $86,326. In addition to the base bid, both vendors submitted a list of optional equipment. Staff requested that the bid be awarded to Mid Atlantic Waste Systems, Inc. in the amount of $86,326 for the street sweeper and for $4,682 for the purchase of the optional equipment.
Mr. Hare moved to recommend approval of the purchase of a TYMCO 600 BAH Mobile Street Sweeper in the amount of $86,326 and for the purchase of optional equipment in the amount of $4,682 from Mid Atlantic Waste Systems, Inc. The motion was seconded by Mr. Care and unanimously carried.
Bids - Curb Replacement Program (Contract 96-06)
In conjunction with the City's Capital Investment Plan, it was proposed to remove and replace approximately 9,916 lineal feet of curb and miscellaneous concrete work on existing streets scheduled for resurfacing. Funding for the project is being provided by the City and DelDOT Suburban Street Aid Agreements. Bids were received from five contractors with the low bid received from Kent Construction Co. Inc, in the amount of $229,866.50.
Responding to a question by Mr. Kramedas on the amount of funding from DelDOT, Mr. O'Connor explained that the City will be funding approximately 30% of the costs, with the remaining funding coming from the State. Mr. O'Connor expressed appreciation to Representative Wagner, Representative Stone and Senator Still for their financial assistance.
Mr. Hare moved to recommend that the bid be awarded to Kent Construction Co., Inc., in the amount of $229,866.50, to remove and replace approximately 9,916 lineal feet of curb and miscellaneous concrete work on existing streets scheduled for resurfacing. The motion was seconded by Mr. Care and unanimously carried.
Truck Chassis Bids
The engine failed in truck #769, a 1983 GMC truck utilized by the Electric Department, and because of its age, it was determined that it was not economically feasible to replace the engine.
The vehicle was sold by sealed bid and the City temporarily borrowed a truck from the Street Department. The Street Department now needs the vehicle back so bids were let for the purchase of a new truck chassis. The low bid was received from Delmarva Kenworth in the amount of $41,600 and staff recommended that the bid be accepted.
Mr. O'Connor explained that staff's recommendation has been amended to recommend that the bid of C.F. Schwartz, in the amount of $41,620, be accepted. He explained that until recently they saw no significant difference on the exceptions taken by Delmarva Kenworth on the bid. However, it has been brought to the City's attention that there is a difference between a wet and dry sleeve engine. The Kenworth bid was for a dry sleeve engine, which would have to be totally rebuilt or replaced in the case of engine failure. This is not the case with a wet sleeve engine. Since there was only a difference of $20 in the bid, staff now recommends that the bid of C.F. Schwartz in the amount of $41,620 be accepted.
Mr. Care recommended that a purchase order be issued to C.F. Schwartz in the amount of $41,620 for the purchase of the truck chassis. The motion was seconded by Mr. Kramedas and unanimously carried.
Mr. Leary moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 6:40 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/DJB