Regular City Council Meeting
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Feb 26, 1996 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on February 26, 1996 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore and Mr. Salters. Mr. Hare was absent.

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.

Mrs. Emmalou Browning of 1430 S. Hancock Avenue relayed her appreciation to Mr. DePrima and his staff for the way in which they included the public in the process of updating the Comprehensive Plan. The citizens of Dover appreciate being included in planning for the future of Dover.

Mr. Mike Chapman of 863 Schoolhouse Lane stated that in recent conversations with his neighbors he was informed of issues that he wished to bring to the attention of City Council. (1) The residents of Woodcrest are continuing to have problems with student use of the crosswalk from Woodcrest to Dover High School. To keep students from using the crosswalk during school hours, Dover High School officials lock the gate. In order to circumvent the locked gate, students are jumping the fences of surrounding properties, causing damage to their fences. Mr. Chapman stated that the locked fence is also an inconvenience to those of the neighborhood that wish to walk over to the tennis courts. (2) While voting this past Saturday, he noticed that the trash can has been removed and now trash is blowing all over the school property and on the adjacent properties. (3) A neighbor also complained about the stop sign located at the crosswalk on Schoolhouse Lane. The person would like to see this stop sign removed and questioned why it is necessary at this crosswalk but not at the crosswalk on the other streets within the neighborhood. If the stop sign must remain, then it was recommended that it only be required during school hours. (4) There is a broken fence at the guardrail near the entrance into Woodcrest. The post has been broken for several months and the residents request that the City repair it.

Referring to a recent news article in the News Journal, Councilman Fenimore referred to the Governor's ideas on overall planning for areas along State roadways. Mr. Fenimore stated his opinion that the State is interfering with local zoning decisions and urged members of Council to keep abreast of this issue. He stated that the state government of the State of Delaware is running counter to the flow of what is happening nationally and of what is being demanded by citizens, which is local control.

Council President Christiansen informed Council that the Delaware League of Local Governments shares the concerns of Mr. Fenimore and will be keeping abreast of the matter.

The invocation was given by Rabbi Moshe Goldblum, 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 12, 1996

The Minutes of the Regular Council Meeting of February 12, 1996 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.

ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 6, 1996

The Minutes of the Quarterly Open Town Meeting of February 6, 1996 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.

PROCLAMATION - TWENTIETH ANNIVERSARY OF THETA ZETA ZETA

The City Clerk read into the record the following Proclamation:

WHEREAS, in 1975 seven members of Zeta Phi Beta Sorority, Incorporated realized the need to form a chapter of its organization in the City of Dover, Delaware; and

WHEREAS, said members, Mary King, Althea Armstrong, Janet Wayman, Rosa Smith, Paulette Smith, Betty Smoot and Dorothy Liffridge petitioned to the National Headquarters of Zeta Phi Beta Sorority, Incorporated for the granting of a charter in the City of Dover; and

WHEREAS, on December 5, 1975, the members received permission to form a chapter in the City of Dover to be called Theta Zeta Zeta; and

WHEREAS, on February 25, 1976, Theta Zeta Zeta Chapter was presented to the Dover community during a reception which was held at the Alumni House on the campus of Delaware State College, now known as Delaware State University; and

WHEREAS, Theta Zeta Zeta Chapter of Zeta Phi Beta Sorority, Incorporated has, for twenty years, upheld its ideals of Finer Womanhood, Sisterly Love, Scholarship and Community Services.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby acknowledge the Twentieth Anniversary of Theta Zeta Zeta Chapter of Zeta Phi Beta Sorority, Incorporated with congratulations and best wishes for the future.

Mayor Hutchison presented the Proclamation to Ms. Althea Armstrong, current Charter member, and to Rochelle Walker, current President. Ms. Armstrong expressed appreciation for the recognition of their sorority and relayed to members of Council that they are involved in many worthwhile projects. They have supported the DAPI Program in Delaware and worked to garner funds for the Challenger Kids in Huntsville, Alabama. During the last census efforts, their Sorority worked very hard to promote the census and to encourage people to be counted in the Delaware census.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on February 12, 1996 with Chairwoman Malone presiding.

Silver Lake Boating Regulations - Silver Lake Commission

The Parks and Recreation Committee had referred to the Silver Lake Commission a request by Mr. Mark Kirchof to increase the allowable size of boats and boat engines on Silver Lake. The Silver Lake Commission considered the request and after much discussion on the matter, recommends to the Parks and Recreation Committee that there be no increase allowed in the size of boats and boat engines operating on Silver Lake. They noted, however, that they would be willing to discuss in the future a modest increase if new technology in the boating world is developed. Although the Commission believes that Mr. Kirchof would be a safe boater, they were concerned that increasing the size of boat engines could result in unsafe boating by some.

Mr. Joe McDaniel of 215 Walker Road addressed the committee, stating that he lives on Silver Lake and observes the recreational boating on the lake. He stated that he favors maintaining the current regulations, as he fears that an increase in the size of boats and boat engines would be very dangerous for those using the lake.

The committee recommended approval of the recommendation of the Silver Lake Commission to maintain the current boating regulations.

Mrs. Malone moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.

Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on February 12, 1996 with Chairman Lambert presiding.

Environmental Affairs Contractor

On an annual basis, a contractor is hired to assist with the environmental compliance aspect of the Transmission and Distribution operation. Mr. O'Connor stated that this is important when the City experiences an oil spill. Generally, a contractor would perform the soil/wipe sampling to verify that all spilled oil was cleaned up, provide field assistance/guidance at large spill sites, ensure environmental compliance; assist with substation design to minimize any potential environmental impact of equipment failure, etc. Although our employees have some knowledge on this matter, it is felt that it behooves the City to utilize someone from outside our own organization to report to DNREC on environmental compliance.

Fourteen bid packages were sent out with three completed bids returned. Using consistent criteria to evaluate total costs, the estimated billing costs are as follows: (1) Compliance Environmental - $435; (2) Hinds & Associates - $793; and (3) Marcor Environmental - $686.20. Staff recommended that the City identify Compliance Environmental as the Environmental Affairs Contractor for a period of one year from the date of the contract.

The committee recommended that the City identify Compliance Environmental as the Environmental Affairs Contractor for a period of one year from the date of the contract.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Hare and Mr. Salters absent).

Electric Meter Test Benches

The City Electric Department is required to test all electric meters every ten years. The Meter Department complies with this requirement by operating two electric meter test benches. One unit is mounted in a vehicle and is used to test the meters in neighborhoods and the second unit is in the meter shop and is used to test new meters prior to installation and all three-phase meters. Both of the units have broken over the past several months and the computer based replacement parts are no longer available.

Three meter test bench systems were tested but only two of the systems would work with our current record system. Of these two, one of the manufacturers has not given us adequate factory support in the past and was not given further consideration. Only one bid was received, which was from AVO International in the amount of $43,900. Staff recommended approval of the purchase of the meter test bench system from AVO International in the amount of $43,900.

The committee recommended approval of the purchase of the meter test bench system from AVO International in the amount of $43,900.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Hare and Mr. Salters absent).

Evaluation of Bids - Used Track-Type Tractor With Dozer Blade

To fulfill the needs of the Public Works Construction Division, a tractor with dozer blade was leased in July 1995. It now appears that this is a piece of equipment that the City will have need for on a full time basis. Bids were received from Alban Tractor Co., Inc. for a Caterpillar D3CLGP Series 3 Track-Type Tractor with Dozer Blade, with a bid price of $49,268. A bid was also received from Siems Rental and Sales Co., In, who offered no bid price and no model name.

Mr. O'Connor explained that the City erred in this matter, in that when we decided to bid this piece of equipment, the company that had leased the equipment to the City had a price advantage since the lease was a lease/purchase plan and the prior lease payments offset the final cost. When we originally leased the equipment, we did not know that we would ultimately purchase it and therefore did not bid the lease/purchase plan. Our policy in the future will be to bid all lease/purchase plans at the beginning of the lease plan so as not to give an advantage to any particular company.

The committee recommended that a purchase order be issued to Alban Tractor Co., Inc. for the purchase of a Track-Type Tractor with Dozer Blade at a price of $49,268.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote (Mr. Hare and Mr. Salters absent).

Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.

MONTHLY REPORTS - JANUARY 1996

By motion of Mrs. Malone, seconded by Mr. Leary, the following monthly reports were accepted:

            Chief of Police Report

            Building Inspector and Fire Marshal Report

            City Assessor Report

            City Clerk/Alderman Report (Fines)

            City Manager's Report

            Mayor's Report

            General Fund, Cash Receipts & Budget Report

            Water/Sewer Fund, Revenue & Budget Report

            Electric Revenue Fund, Revenue & Budget Report

            Improvement and Extension Fund, Cash Receipts & Budget Report

            Internal Service Fund, Revenue & Budget Report

CONFIRMATION OF POLICE ELECTION RESULTS

The Police Pension Board term of Sgt. Ralph Jones (Retired) expired on January 31, 1996. In accordance with Section 18-47 (2) (b) of the Pension Plan, notice of an election was given to all Plan members. Only one nomination was received, therefore no election was held, and Ralph Jones was nominated for a second term, to expire January 31, 1999.

Mr. Leary moved to confirm the election of Sgt. Ralph Jones (Retired) for a second term on the Police Pension Board, to expire on January 31, 1999. The motion was seconded by Mr. Pitts and unanimously carried.

ANNUAL REPORTS - 1995

Bureau of Fire - Robbins Hose Company

Mr. Leary moved for acceptance of the 1995 Annual Report of the Fire Chief of Robbins Hose Company, seconded by Mrs. Malone and unanimously carried.

City of Dover Police Department

Referring to the Annual Report of the City of Dover Police Department, Mr. Leary pointed out that the clearance of crime percentages for the City Police Department is significantly higher than the national averages and commended the Police Department on this achievement.

Mr. Leary moved for acceptance of the 1995 Annual Report of the City of Dover Police Department, seconded by Mrs. Malone and unanimously carried.

FINAL READING - PROPOSED ORDINANCES

The First Reading of the following proposed ordinances was accomplished during the Council Meeting of February 12, 1996.

Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Fenimore and unanimously carried.

Budget Revisions Ordinance

Mr. Leary moved for adoption of the following ordinance, seconded by Mrs. Malone carried by a unanimous roll call vote (Mr. Hare and Mr. Salters absent):

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

The amounts hereinafter named in the various City funds are changed from the currently approved revenues/receipts and budgets to the revised revenues/receipts and revised appropriations for use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1995 and ending June 30, 1996:

INTERNAL SERVICE FUND - REVENUES

                                                                CURRENT        +ADDITIONS/             REVISED

REVENUES                                          ESTIMATES      - REDUCTIONS         ESTIMATES

General Fund                                         $2,502,371          $+21,392                    $2,523,763

Electric Fund                                         $2,271,391          $+53,558                    $2,324,949

Water/Wastewater Fund                        $1,232,237          $+25,120                    $1,257,447

INTERNAL SERVICE FUND - EXPENDITURES

CURRENT+ADDITIONS/REVISED

EXPENDITURES                                 ESTIMATES      - REDUCTIONS        ESTIMATES

Grounds                                                 $574,200             $+7,660                      $581,860

City Manager                                         $227,822             $+22,000                    $249,822

Construction                                          $382,660             $+24,400                    $407,060

Support Services (Warehouse)              $276,058             $+46,010                    $322,068

Facilities Management                          $304,902             $-0-                          $335,226

GENERAL FUND - RECEIPTS

CURRENT+ADDITIONS/REVISED

RECEIPTS                                            ESTIMATES      - REDUCTIONS         ESTIMATES

Business Licenses                                  $710,000             $+40,000                    $750,000

Reimbursement for Demolition             $-0-                   $+3,450                      $3,450

GENERAL FUND - EXPENDITURES

                                                               CURRENT         +ADDITIONS/             REVISED

EXPENDITURES                                 ESTIMATES      - REDUCTIONS        ESTIMATES

Public Inspections                                 $423,535             $+1,500                      $425,035

Planning                                                $117,571             $+3,050                      $120,621

Police                                                     $6,620,483          $-8,133                       $6,612,350

Environmental Related                          $-0-                  $+5,000                      $5,000

City Clerk                                              $99,393               $-0-                          $99,383

Community Services                             $131,853             $+8,875                      $140,728

Grounds                                                 $436,392             $+5,822                      $442,214

City Manager                                         $79,738               $+7,700                      $87,438

Construction                                          $76,532               $+4,880                      $81,412

Support Services                                    $17,944               $+2,990                      $20,934

Budget Balance                                     $290,432             $+11,766                    $302,198

WATER/WASTEWATER FUND - REVENUES

                                                               CURRENT         +ADDITIONS/             REVISED

REVENUES                                          ESTIMATES      - REDUCTIONS         ESTIMATES

Interest Earnings                                    $20,000               $+40,000                    $60,000

Impact Fees                                           $490,000             $+100,000                  $590,000

WATER/WASTEWATER FUND - EXPENDITURES

                                                               CURRENT         +ADDITIONS/             REVISED

EXPENDITURES                                 ESTIMATES      - REDUCTIONS        ESTIMATES

Meter Reading                                       $56,246               $+1,200                       $57,446

Transfer to Impact Fee Reserve             $155,775             $+100,000                  $255,775

Grounds                                                 $45,936               $+460                         $46,396

City Manager                                         $34,173               $+3,300                      $37,473

Construction                                          $306,128             $+19,520                    $325,648

Support Services                                    $11,042               $+1,840                      $12,882

Budget Balance - Water                        $615,417             $+13,680                    $629,097

WATER/WASTEWATER IMPROVEMENT FUND - EXPENDITURES

                                                               CURRENT         +ADDITIONS/             REVISED

EXPENDITURES                                 ESTIMATES      - REDUCTIONS        ESTIMATES

Sewer Line Improvements                    $217,000              $-31,000                    $186,000

Meter Reading Improvements               $820                    $+5,520                      $6,340

Budget Balance                                     $-0-                  $+25,480                    $25,480

ELECTRIC REVENUE FUND - REVENUES

                                                               CURRENT         +ADDITIONS/             REVISED

REVENUES                                          ESTIMATES      - REDUCTIONS         ESTIMATES

Miscellaneous Revenue                         $100,000             $+50,000                    $150,000

Interest Earnings                                    $100,000             $+150,000                  $250,000

ELECTRIC REVENUE FUND - EXPENDITURES

                                                               CURRENT         +ADDITIONS/             REVISED

EXPENDITURES                                 ESTIMATES      - REDUCTIONS        ESTIMATES

Meter Reading                                       $151,978             $+1,840                       $153,818

Grounds                                                 $91,872               $+1,378                      $93,250