COUNCIL COMMITTEES
The Council Committees Meeting was held on January 22, 1996 at 8:00 p.m. with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Tudor, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mayor Hutchison. Mr. Leary and Mr. Hare were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda, seconded by Mr. Fenimore and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Mr. Fenimore presiding in the absence of Chairman Hare. Members present were Councilman Pitts, Mr. Wolfe and Mr. Coleman.
Presentation - Status of the Greater Dover Transportation Study
After discussion on a proposed Rt. #8 interchange on S.R.1 in November 1995, the Safety Advisory Committee requested that officials from DelDOT update the committee on the Greater Dover Transportation Study which was to be completed by the spring of 1995.
Mr. Ray Harbeson and Mr. Ralph Reeb from the Delaware Department of Transportation and Ms. Juanita Wieczoreck, representing the Dover/Kent MPO, updated members of the committee on several transportation issues. Referring to the Greater Dover Area Transportation Study, Mr. Reeb stated that the study has changed and has now become the Long Range Plan effort for this area. DelDOT is performing the study jointly with the MPO and Mr. Reeb requested that Ms. Wieczoreck explain the status of the study. Ms. Wieczoreck clarified that the project started out as a highway oriented project that identifies corridor and spot location deficiencies in the highway system. Onto this was added the Transit Rationalization Study which was completed and adopted in April. A decision was then made that these two studies of existing conditions would be the jumping off point for the proposed Long Range Plan. The Long Range Plan is not entirely complete at the current time. Ms. Wieczoreck reminded Council that intense public participation is required for all their studies and they have to respond to all the comments received which has held up finalization of the Plan. Although the Long Range Plan is not complete, they have completed an Executive Summary of the Long Range Plan which is available for public viewing at local public libraries. Ms. Wieczoreck explained that they felt that the Long Range Plan was very near to completion last winter but when they were preparing to perform the air quality analysis they discovered that they were missing key population and employment projections for interim years. Prior to completion of the Long Range Plan, they will need to distribute the Technical Document which, upon distribution, will require a full 30 day public comment period.
Asked by Mr. Fenimore for a projected completion date, Ms. Wieczoreck stated that it is difficult at this point to make a projection since they are still awaiting data requirements for the air quality analysis. They hope, however, to have the Technical Document by the end of January which would allow adoption by the end of February.
Mr. Lambert voiced frustration with the constant delays, stating that he continues to observe neighboring states moving forward with their roadway systems, and yet Delaware has a difficult time constructing a one mile long, four lane roadway, that will substantially relieve truck and heavy traffic from the City. Ms. Wieczoreck agreed that there have been delays but assured Council that they are trying to ensure that what is produced is good for Dover and Kent County. She stated that in terms of highways, there will not be a lot of new construction in the future, because there is not a lot of congestion in the area. Members of the committee voiced disagreement with the statement that there is not a lot of congestion in our area and suggested that perhaps part of the problem may be that highway officials are unaware of the problems of traffic congestion in the City. Mr. Lambert stated that we are already experiencing heavy traffic congestion on Route #13 and in certain parts of West Dover. This will only continue to get worse unless a plan is devised to alleviate these conditions. Mr. Lambert stated that the City of Dover is in the process of updating our Comprehensive Master Plan and that transportation planning is a very important part of it.
Asked by Mr. Lambert on the position of the Route #8 Interchange, Ms. Wieczoreck stated that it has not been discussed at the MPO Council level. The results of the study have not yet been released to the MPO Council. Mr. Lambert relayed that there is concern by property owners in the area that their streets could not handle the additional traffic. Ms. Wieczoreck stated that the reason that it is in their Plan as a study rather than as a recommendation is because they realize there are neighborhood concerns on traffic flow which would have to be addressed before recommending completion of the interchange. Mr. Fenimore asked which would come first, the demand and then the interchange, or the interchange with demand to follow. Mr. Harbeson stated that when the Relief Route was originally approved, City Council's desire was to include an interchange with Route #8. They could only fit in a partial interchange and it was included in the location and design approvals from the federal government. A caveat was placed on the plan that the interchange could not be built as a part of the first phase until it was actually needed. Since the opening of S.R. 1, DelDOT has received requests to review, and determine if there is a need for the interchange. A Needs Study is being performed to determine if the interchange is needed and if it is constructed, to determine what impact it would have on Route #8.
Mr. Fenimore referred to the possibility of key officials in the State being so geared to the philosophy of mass transit, that no real commitment is being made to Dover and Kent County for alternatives to our traffic problems. He stated concerns that the concept of mass transit is being forced on us. It was his opinion that we should be planning based not only upon what we expect to have happen in terms of growth, but based upon what we want to have happen. He stated that we are capable of having some control over our destiny in terms of growth and infrastructure.
Mrs. Malone requested the status of the following projects:
Installation of Lights at College and Walker Road Intersection with Kenton Road - Ms. Wieczoreck stated that lack of funding has held up this project but a Statewide Transportation Enhancement Committee recommended to Secretary Canby that enhancement funds be used to cover the shortfall of funding for this project. Mr. Harbeson stated that the project should go to contract by this summer or fall.
Traffic Light at Hazletteville and Mifflin Road Intersection - Mrs. Malone stated that with the baseball season coming up, a traffic light at this intersection is very important. Mr. Harbeson stated that this is not a funded project in his department, which is the design division. A funded project is needed from either the Bond Bill or the Suburban Street Funds.
Bike Paths Along Dover-Kenton Road - Mr. Harbeson stated that he is not sure if this project is in the Statewide Transportation Enhancement Program but he has not seen a design project as yet.
Mr. Salters suggested that DelDOT officials devise some incentive for trucks to use S.R. #1, so that residents can get some relief from Route #13 congestion and other key roadways in the City.
Ms. Wieczoreck stated that some of the concerns expressed are being addressed and are currently being fed into the DelDOT pipeline. Some of these projects are (1) Governors Avenue, between Route #13 and Webbs Lane, (2) taking care of some of the undersized signals and turning radii on Loockerman Street, (3) on Walker Road a plan is needed to identify where left turn lanes are needed or if the center turn lane needs to be extended the length of the road, (4) a plan to look into the need for sidewalks along Walker Road will be developed over the next one to five years, (5) State Street, just north of Del. #10, is experiencing traffic problems that effect pedestrians as there are no sidewalks or shoulders and DelDOT will be looking into this matter, (6) North Street bottleneck is being looked at, (7) a plan for Kenton Road so that as development occurs, there is already a standard improvement that will need to be made so that DelDOT can identify where the signals will eventually be required - this is in the program development phase, (8) New Burton Road/Queen Street - providing shoulders for bicycles and keeping up the grade of the pavement since it carries high volumes of north/south traffic, and (9) miscellaneous improvements to other towns within Kent County.
Mr. Christiansen stated that although we appreciate the efforts of DelDOT and the Dover/Kent MPO, it seems as though these projects take forever to come to fruition. He stated his opinion that the officials of Dover do not want to wait until the problems become oppressive before addressing them, such as has happened in New Castle County. He felt it imperative that we stop talking about the problems and that we begin to take action in addressing them. Referring to the proposed traffic lights on Kenton Road at the new Fire Station #2, Mr. Christiansen stated that this intersection is extremely dangerous without some form of signalization. To state that the project has been delayed due to funding problems is completely unjust to the citizens of Dover.
Mr. Tudor referred to the traffic problems on Division Street, between Route #13 and the railroad and asked what has been planned to address the problems. Ms. Wieczoreck stated that part of the consultant's recommendation to address this problem is to eliminate some of the on-street parking. Although this is an unpopular solution, it is one that will improve traffic flow. Mr. Tudor stated his feeling that traffic officials have an obligation to look at providing alternative routes rather than simply eliminating parking which will negatively effect those that live along Division Street.
Referring to the Mifflin Road/Hazletteville Road intersection, Mr. Ornauer stated that there have been two traffic studies submitted by developers (Village of Westover and Old Farm Village). Both of the developments were approved by DelDOT and both traffic studies indicated that this intersection fails and that signalization is required. He has been told by DelDOT officials that something significant will begin this Spring on the signalization of this intersection.
Ms. Wieczoreck concluded by reminding Council that the Long Range Plan is a general plan and that although it is a 25 year plan, it will be reviewed every three years to ensure that it remains current with our goals and if it is determined that it is not serving our goals, then we will modify it.
Members of the committee thanked Ms. Wieczoreck , Mr. Harbeson and Mr. Reeb for taking the time to address the concerns of the Safety Advisory Committee
Meeting Adjourned at 8:58 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Hare and Mr. James Washington. Councilman Leary and Mr. William Schaefer were absent. In their absence, Councilmen Fenimore and Lambert served as temporary members.
Proposed Budget Revisions
The City revises its budgets three or four times per year to meet the changing needs of the City's operations. The first set was approved by Council in September 1995. The Finance Director/Treasurer presented the committee with a second set of proposed budget revisions. The committee chairman explained the major revisions as follows:
Increase
∙Paving of North Street Warehouse Lot$40,810
∙ Construction Equipment Purchase 24,400
∙ City Manager's Vehicle 22,000
∙ Business License Revenue 40,000
∙ Interest Earnings - Water/Wastewater Fund 40,000
- Electric Revenue Fund 150,000
- Electric Improvement Fund 15,000
∙ Impact Fees Revenues 100,000
∙ Miscellaneous Revenue (Electric Revenue Fund) 50,000
∙ Other 16,310
Minor questions by committee members were answered by City Manager O'Connor and Finance Director Karia.
Mr. Salters moved to recommend approval of the proposed budget amendments (Attachment #1), as recommended by staff. The motion was seconded by Mr. Washington and unanimously carried.
Comprehensive Annual Financial Report
The City's financial books are audited by independent auditors each year as required by the City Charter. All financial transactions were audited by the selected C.P.A. firm of Faw Casson & Co. for the fiscal year 1995. The Finance Director/Treasurer reported that the auditors have given the City of Dover a clean (unqualified) opinion. The City has followed generally accepted accounting principles and the financial statements represent a true and fair financial position of the City of Dover as of June 30, 1995. The City received the Award of Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) of the United States and Canada for the last ten years. This report has been submitted to GFOA for evaluation.
Ms. Janis Nesterak, representing Faw Casson & Co., was present to answer any questions on the report. She reiterated that the City has been given a "clean opinion" by Faw Casson & Co. She briefly explained the various sections of the Comprehensive Annual Financial Report.
Mr. Lambert noted that when making investments, the City makes them in increments of $100,000 or less in order to have the protection of the FDIC. Referring to the City's two pension funds, he asked if they are also protected. Ms. Nesterak stated that they are not as protected, since they are not guaranteed by the FDIC, and that they are as vulnerable as individual IRA funds. She stated, however, that pension plan portfolios are generally very diversified and that high risk investments are not used for pension funds.
Mr. Lambert moved to recommend acceptance of the Comprehensive Annual Financial Report for fiscal year 1995, seconded by Mr. Fenimore and unanimously carried.
Quarterly Write Off of Uncollectible Electric Bills
Members were provided with a list of uncollectible electric bills, in the amount of $23,454.13, which includes $1,273.57 from accounts that filed for bankruptcy. Federal law prohibits us from making attempts to collect these outstanding debts. The list consists of those accounts from April 1, 1994 through June 30, 1994 that have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in our utility customer base. City staff recommended endorsement of the write-off of uncollectible electric bills in the amount of $23,454.13 for the period of April through June 1994.
There was general discussion on alternative ways of eliminating uncollectible bills. Mrs. Malone requested that the City look into the legality of the City taking possession of income tax returns for persons with uncollectible bills due the City of Dover. Although Mr. O'Connor felt that it would be difficult to accomplish, he stated that he and Mr. Karia will research this matter. Mr. Tudor felt that we need to continue to look at ways of avoiding the delinquency rather than concentrating on ways to collect funds once the account is delinquent.
After discussing the various delinquent accounts, Mr. Salters moved to recommend endorsement of the write-off of uncollectible electric bills in the amount of $23,454.13 for the period of April through June 1994, seconded by Mr. Fenimore and unanimously carried.
Review of City Code - Chapters 14 - 15
As directed by Council, City staff and the Legislative and Finance Committee was charged with review and update of the City Code for possible additions, deletions or amendments. The following proposed amendments were reviewed:
Section 14-1 - Lotteries - Noting that many charitable organizations located in the City of Dover have lotteries, staff recommended that Section 14-1 be deleted in its entirety and that the City utilize State Statute regarding any restrictions on lotteries.
Section 14-2 - Permitting Gambling on Premises - Given the status of Dover Downs, staff feels that Section 14-2 should be deleted in its entirety and that the City should utilize State Statute when it is necessary to address gambling within the City of Dover.
Section 14-8 - Excessive Noise Prohibited, Subsection 10 - Construction or Repairing of Building - Over the years, the term "weekdays" has been interpreted differently. In order to better define the term, staff recommends that Section 14-8(10) be more specific as it relates to times and be amended to read as follows: "between the hours of 7:00 a.m. and 6:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends".
Mrs. Malone questioned this amendment, stating her opinion that construction work should be prohibited on Sundays. Mr. Tudor stated that there are times when a builder has no choice but to work on Sundays. He stated that federal contracts sometimes mandate completion within a certain number of calendar days, or a very stiff penalty is imposed. Although most contractors would rather not work on Sundays, bad weather conditions or unavailability of materials can often force a contractor to work on Sundays.
Members asked if there are other ordinances that would protect citizens in the event that construction noise on Sundays becomes a nuisance. Mr. DePrima stated that although there are no other ordinances that deal with construction noise, he assured committee members that if a problem should arise that he could not handle under the current ordinances, he would come back to the committee for additional action.
Mr. Lambert stated he has heard no complaints about construction work on Sundays. Since a prohibition could cause an increase in the costs of construction, Mr. Lambert suggested that Council approve the requested change and deal with future problems as they occur.
Section 14-9 - Unauthorized Use of Bicycles - This appears to be one of those laws that at one time may have been necessary, but is no longer useful. The Police Department recommends utilizing State Statute should there be the need to address this type of illegal activity.
Section 14-10 - Inspection of Cellar Doors - At one time it was the City Manager's duty to inspect cellar doors. This is no longer a responsibility of the City Manager and if needed would be performed by the Inspections Department. Staff recommends that this section be deleted in its entirety.
Section 14-13 - Contempt of Alderman's Court - Since the City does not currently have an active Alderman's Court, there is no need for the regulation; therefore, staff recommends that this section be deleted in its entirety.
Section 15-97 - Paragraph 2 - Boating Permit Required and Paragraph 3 - Permit Fee - To bring the Code into conformance with the City's operating procedures, these two sections should be changed from the fee being collected by the Police Department to the fee being collected by the Administrative Services Department.
Mrs. Malone questioned if action should be taken on Section 15-97 at this time, since the Silver Lake Commission is currently reviewing the boating guidelines for possible suggested revisions. Mrs. Boaman explained that the only change suggested at this time is to have the language conform to the current practice of having fees collected by the Administrative Services Department, which is an area that will not be addressed by the Silver Lake Commission.
Mr. Lambert moved to recommend approval of the proposed ordinance amendments (Attachment #2-8), seconded by Mr. Fenimore and unanimously carried.
Meeting Adjourned at 9:40 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Tudor and Mr. Carey and Mr. Kramedas.
Frazier's Pit Remedial Investigative Work Plan
In early 1994, the State of Delaware, Department of Natural Resources and Environmental Control (DNREC), directed the City of Dover to prepare a Remedial Investigation Work Plan for the Frazier's Pit Site located on U.S. 13 south of the Sheraton Inn. The draft work plan was prepared by James C. Anderson Associates, Inc. (JCA), during the summer of 1994. After several meetings with JCA and the DNREC, the draft work plan was finalized and has been accepted by the State of Delaware and DNREC has authorized the City to proceed with implementation of the associated work. The work encompasses several different aspects of data collection including shallow well monitoring, aerial photographing, and leechate inspection. The plan shall act as the first phase of the Voluntary Clean Up Program that the City has entered regarding the Frazier's Pit site. City staff recommended that the City award a contract in the amount of $45,960 to James C. Anderson Associates, Inc. to proceed with implementation of the Frazier's Pit Remedial Investigation Work Plan.
Mr. Fenimore questioned the amount of the contract, stating that page five under "Cost" shows a total cost of $28,460. Mr. O'Connor stated that the amount of $28,460 covers work which will be performed by JCA. The remaining funds will cover estimated fees for laboratory work and data validation which will be performed by others. These costs were estimated by JCA, as explained on page 10.
Noting that this is only a projection of what will be required by DNREC, Mr. Lambert stated that there is a possibility that after seeing the results from this work plan, DNREC could require additional work. Mr. O'Connor concurred, but stated that staff feels comfortable with the work plan. Noting that his property abuts the Frazier Pit site, Mr. Kramedas stated that he has had extensive testing and soil sampling done for construction purposes, and they have found no problems with the site.
Mr. Carey moved to recommend that a contract, in the amount of $45,960, be awarded for implementation of the Frazier's Pit Remedial Investigation Work Plan by James C. Anderson Associates, Inc. and for associated laboratory and data validation fees. The motion was seconded by Mr. Pitts and unanimously carried.
Substation 12KV Breaker and Recloser Replacement
Substation breaker and recloser replacement is an ongoing project for the replacement of 12KV and 4KV breaker and reclosers at various substations. Several of the obsolete breakers have failed, and parts cannot be bought because of the age of the equipment. To prevent further failure and large outages, a program was started to replace the breakers and reclosers.
Bids were advertised and in addition, specifications were sent to seven vendors. Of the seven responses received only two offered a bid. A.J.P. Sales submitted a bid on reclosers only at a price of $17,570 each, but they are not ABB. WESCO offered a bid for one vacuum breaker at $30,449 and five ESV reclosures at $16,165 ($80,825), for a total bid of $111,274.
Staff recommended that a purchase order be issued to WESCO Utility, Richmond, VA, for the requested breakers and reclosures for a total price of $111,274.
Mr. O'Connor stated that at the direction of the committee, staff attempted to find more vendors to bid the project. A.J.P. responded but their bid was not for ABB reclosers and their quote was higher than that of WESCO.
Mr. Tudor reiterated previous concerns that the City's specifications are so specific that they hinder the City's ability to garner competitive quotes. Mr. O'Connor stated that it is much easier to maintain our equipment if all equipment is standardized, since it costs less to maintain the necessary inventory for similar equipment.
Mr. Pitts moved to recommend approval of staff's recommendation, seconded by Mr. Tudor and unanimously carried.
Meeting Adjourned at 9:57 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/DJB