REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 24, 1995 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. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, 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.
Rexene Ornauer - 17 Mifflin Road
Mrs. Rexene Ornauer of 17 Mifflin Road questioned the proposed new animal ordinance, asking if it addresses cats running at large. Chief Smith and Mr. Rodriguez stated that it does not. Mrs. Ornauer suggested a revision to the definition of “animal” in the ordinance since it appears that cats are included.
Clay Hammond - 505 Troon Road
Referring to the new cable television franchise agreement, Mr. Clay Hammond asked if it includes the requirement for community access programming. He stated that cable companies across the country provide this service which is a wonderful way for the dissemination of public information. When this subject was discussed several years ago, there was concern that Comcast did not have the necessary studio space. Mr. Hammond suggested that Comcast enter into an agreement with Delaware State University to utilize their television production facility. (It is noted that the proposed franchise agreement with Comcast provides for one community access channel. This information will be relayed to Mr. Hammond by City staff.)
Mr. Hammond also discussed recent debate on the issue of affirmative action. He has suggested in the past that the City look into the creation of minority business enterprises and disadvantaged business enterprises. This would allow the opportunity for the City to encourage the utilization of minority and disadvantaged businesses as vendors for the various need of the City. Mr. Hammond suggested the creation of a panel of people (to include minority entrepreneurs and citizens with experience in procurement and representatives of City government) to begin looking at this issue.
Ann Gniesco - 265 Mifflin Road
Mrs. Ann Gniesco of 265 Mifflin Road referred to the proposed animal ordinance, stating that although the City could include the control and licensing of cats, it would not be feasible. She reminded members of the need for animal lovers and conveyed her appreciation to Council for giving the necessary time to the creation of the new ordinance.
The invocation was given by Reverend Roland G. Coon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested that the financial reports for June (items #4G - #4K) be deleted from the agenda. Mr. Salters requested the addition of item #2D (Designation of Contract Manager - DECCASA).
Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 10, 1995
The Minutes of the Regular Council Meeting of July 10, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 10, 1995 with Chairman Salters presiding.
Quarterly Write-Off of Uncollectible Electric Bills
Committee members were provided with a list of uncollectible electric bills, in the amount of $24,262.08. The list consists of those accounts from October 1, 1993 through December 30, 1993 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 out utility customer base. Mr. O’Connor informed members that the bills date back five (5) years, and that some type of attempt to collect has been made on every account. The accounts are currently assigned to our collection agency and will remain there even though they have been written off. Staff recommended endorsement of the write-off of uncollectible electric bills in the amount of $24,262.08.
There was general discussion on ways of reducing uncollectible electric bills such as increasing electric deposits. Mr. Salters reminded members that the City is currently changing its billing procedures. The shortened billing cycle should reduce some of the delinquency.
The committee recommended approval of the write-off of uncollectible electric bills in the amount of $24,262.08.
Mr. Salters moved for approval of the committee’s recommendation to write-off uncollectible electric bills in the amount of $24,262.08. The motion was seconded Mr. Leary unanimously carried.
Revision of Charges and Billing Procedures for Electric and Water
The City plans to bill all City utilities on one bill. As part of the plan, revisions must be made in charge and bill procedures to establish uniformity between Electric, Water, and Trash. At the same time, the new utility billing system allows changes that enhance cash flow and establishes better credit policies.
The current water charges and billing procedures are based on quarterly billings. Staff recommended the following revisions for monthly billings:
(1) A penalty of one and one-half (1.5) percent per month shall be added to all water service fees which shall be in arrears for a period in excess of fifteen (15) days after the bill is issued. This replaces a five percent penalty applied quarterly on the balance in arrears for a period in excess of twenty-five (25) days.
(2) Meter readings shall be made monthly for all customers as opposed to quarterly.
(3) Disconnection for nonpayment of water service fees occurs twenty-one (21) days after a statement of the amount due shall be mailed to the owner or occupant of the premises instead of seventy-five (75) days.
The following changes to electric charges and billing procedures are recommended once combined billing begins:
(1) A penalty of one and one-half (1.5) percent per month shall be added to all electric service fees which shall be in arrears for a period in excess of fifteen (15) days after the bill is issued. This establishes a penalty for electric. It also reduces the amount of time a customer has to pay a bill from twenty-one (21) days to fifteen (15) days.
(2) Disconnection for nonpayment of electric service fees occurs twenty-one (21) days after a statement of the amount due shall be mailed to the owner or occupant of the premises instead of forty-nine (49) days.
There was much discussion by committee members on how portions of payments would be credited to the various utilities. Mr. O’Connor explained that water billings would be given last priority since delinquent water bills may be liened against the property.
In order to cycle out of the quarterly to monthly billing cycle, a letter is being sent out in the August billings informing property owners that they will be receiving a water bill which will be incorporated into the monthly billing process. By October, a monthly bill will be sent out combining water/sewer, trash and electric.
The committee recommended approval of an ordinance that would change quarterly billing for water/sewer to monthly billing, with all utility bills to be incorporated into one bill, stipulating that all payments received be credited to electric and trash first and that in instances of disconnection of all services, that there be only one reconnect fee of $35.00.
Mr. O’Connor stated that since the committee meeting, staff has amended the ordinance to address the concerns of citizens and members of Council related to the billing and disconnection periods.
The proposed ordinance has been amended to charge the penalty after 21 days and disconnection after 30 days. The ordinance requires that if partial payments are received, the payment will first be credited to any outstanding miscellaneous billings, then would be credited to trash collection fees and then to electric bills. Outstanding water bills would be credited lastly since the City can lien a property for unpaid water bills. The ordinance still requires the disconnection of all services if one of the services is unpaid.
Mr. Salters moved for approval of the proposed ordinance as amended by the City Manager, seconded by Mr. Leary.
Mr. Tudor expressed concern with the proposal, feeling that a full billing cycle of 30 days should be permitted prior to a penalty. He felt that the proposal jeopardizes the majority that pay their bills in order to address a problem that is caused by a very few of our customers.
Mr. Hare agreed that the proposal is too strong and suggested that the time frame be extended to allow for a billing cycle of 30 days prior to penalty. Agreeing with the proposed 30 day billing cycle, Mr. Fenimore stated that he disagreed with the proposal to discontinue all services if even one utility bill is outstanding. He felt it somewhat unfair to discontinue all utility services for the non-payment of one service.
Mr. Leary stated concern that if we pursue an all or nothing plan, customers will pay nothing when they could afford to make a partial payment. Although he concurred with Mr. Leary, Mr. O’Connor reminded Council that if a customer cannot pay their bill in full, they can call the Customer Service Department to work out a payment schedule. Services will not be discontinued for any customer that has worked out a payment plan with the City.
After discussing the matter in depth, Mr. Salters withdrew his motion as did Mr. Leary his second.
Mr. Salters suggested that the billing period be extended so that a penalty is not instituted until after a 30 day period. Mr. O’Connor suggested that Section 22-251 (b) of the ordinance be amended to provide for the penalty to be applied when the fees are in arrears for a period in excess of thirty (30) days, and that Section 22-255 be amended to provide that service be discontinued for nonpayment of fees thirty-six (36) days after a statement of the amount due has been mailed.
Mr. Salters moved for approval of the ordinances with the changes suggested by the City Manager. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting.)
It was suggested by Council members that the City plan an educational program to ensure that all citizens fully understand the new program prior to it becoming effective.
Review of City Code
Per actions of City Council, the Legislative and Finance Committee was charged with review and update of the City Code. The following sections were reviewed:
Section 2-7(f) - Awards Committee - Mayor Hutchison recommended changing Section 2-7(f) to allow the Mayor to appoint members to serve on the Awards Committee on an “as needed basis” rather than having individuals serve for an extensive period of time with no action required of the committee.
The committee recommended acceptance of the proposed amendment to Section 2-7(f).
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Chapter 3, Article II (Handbill) - Mr. DePrima requested that Article II of Chapter 3 be eliminated which sets forth the licensing requirements of billposters and handbill distributors since it is also covered under Chapter 11. This amendment will require all handbill distributors to have an “Advertising Agency” business license as required in Chapter 11, which will eliminate an additional and unnecessary permitting system and make one set price for all types of advertising.
The committee recommended eliminating Article II of Chapter 3 which sets forth the licensing requirement of billposters and handbill distributors.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Section 1-10 - Penalty for Violation of Code - Mr. DePrima recommended that some consideration be given to increasing the minimum fine associated with Section 1-10 General penalty for violation of Code; separate offenses. He stated that the current minimum fine is $10 and recommended that it be raised to $25 which is the current fine for grass and weed code violations. He noted, however, that Section 1-10 also governs parking violations, and recommended that parking violations be kept at $10.00.
The committee recommended approval of the proposed ordinance to raise the minimum fine to $25.00, excluding parking violations.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Designation of Contract Manager - DECCASA
During the Legislative and Finance Committee meeting held prior to this Council Meeting, the committee recommended that the Legislative and Finance Committee Chairman be designated as the contract manager for DECCASA.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary.
In light of the short period of time left in the current budget year for DECCASA, Mr. Fenimore moved to amend the motion to delegate authority to the Chairman of the Legislative and Finance Committee to approve the proposal for the grant for the balance of the current year’s funds. The motion was seconded by Mr. Salters and unanimously carried with Mr. Pitts abstaining.
The main motion, as amended, was unanimously approved with Mr. Pitts abstaining.
Mr. Salters moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 10, 1995 with Chairman Lambert presiding.
Dedication of Right-of-Way of Electric Avenue
During the construction of the VanSant Combustion Turbine, the City of Dover constructed a roadway which until recently, was primarily used by City vehicles en route to either the VanSant Combustion Turbine Station or additional lands owned by the City of Dover. Over the past several years, additional facilities have been constructed on land known as Schutte Park. Most recently, the Dover Little League constructed their new complex.
Mr. Lambert stated that the Police Department has requested that the City this street so that speed limits can be enforced in accordance with the city code.
The committee recommended acceptance of the dedication of Electric Avenue as a City street.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Hare absent).
Request for Waiver from Subdivision Street Regulations - Overlook on Silver Lake
The committee considered a request of Lakeside Associates for a waiver from the city’s subdivision street standards for the proposed Overlook on Silver Lake Subdivision located along the southerly side of LePore Road approximately 250 feet+/- east of North State Street, and bounded on the south by the shoreline of Silver Lake. The request is for the residential access streets to be constructed at 28 feet in width within a 51 foot right-of-way. The proposed street width and right-of-way width do not conform to the City of Dover standard which is 38 feet of paved width within a 60 foot right-of-way. Various street waivers are being requested since it is a small residential subdivision with low auto usage. The narrowed street will keep speeds down while complimenting the developer’s desire to create attributes of an older, traditional neighborhood. In addition to narrow street width, these attributes include two story homes pulled closer to the street line, front porches, detached garages off of rear alleys, and street trees. The design goal is a development that creates a sense of community.
It was noted that standard sidewalk is proposed along all street frontages within the development and that the units are served by rear alleys with the exception of those along the lake. Lakeside units will have garages. In considering the reasons for the waiver and after considering the comments of the D.A.C., the Planning Commission recommended that the street width be established with a minimum paved width of at least 28 feet and a 51 foot road right-of-way with an allowance of parking on one (1) side of the street only. This would allow for an 8 foot wide parking area and two (2) 10 foot wide travel lanes, which would be the minimum width that the Planning staff would support for providing reasonable access within the development. In addition, if a street width waiver is granted, the Planning Commission recommended that any such waiver be conditioned on a requirement that each lot be required to accommodate two (2) off-street parking spaces.
Mr. Lambert noted that this type of design, with the narrower streets, results in less run-off and pollution to Silver Lake, and forces individuals to drive slower.
The committee recommended acceptance of the waivers, as recommended by the Planning Commission.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Hare absent).
Purchase of Transformers for the Upgrade of Danner Farm Substation and Construction of Westover Substation
The planning and designed upgrading of the Danner Farm Substation and the construction of the new Westover Substation requires a minimum transformer size of 12/14/16 MVA in order to meet the increased loads in these areas and insure reliability. The design and specifications were prepared by the City of Dover. Public bidding was conducted to solicit one (1) 12/14/16 MVA Transformer and one (1) 10/12/14 MVA. Bid criteria was based on cost and specifications.
Mr. O’Connor informed members that the low bidder, Roberts Transformers, Inc., based their bid on used and non-refurbished transformers with very little warranty. He, therefore, recommended that the low bid be rejected and that the transformers be purchased from Utility Lines Co.
This upgrade was budgeted under the Line and Capacity Expansion Capital Budget. Mr. O’Connor noted that there is no back-up capability for these transformers, however, the City could survive short-term.
The committee recommended that a purchase order be issued to Utility Lines Co., in the amount of $133,900.00 to purchase the 10/12/14 MVA Transformer (A) to replace the obsolete transformer at Danner Farms Substation and that a purchase order be issued to Utility Lines Co., in the amount of $1443,600.00 to purchase the 12/14/16 MVA transformer (B) for the construction of the Westover Substation.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Hare absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JUNE
By motion of Mr. Salters, seconded by Mr. Leary, the following monthly reports were accepted: (It was noted that financial reports for the month of June will be reviewed by Council during their August 14, 1995 meeting.)
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
Mayor’s Report
Referring to the City Manager’s Report, Mr. Lambert noted that Council determined several months ago that whenever the fuel adjustment fund fell below $3 million, it would be reviewed on a monthly basis. The current balance is $2,901,304 and Mr. Lambert asked the City Manager if he is comfortable with this account balance. Mr. O’Connor stated that he is very comfortable with the balance. Peak sales increased during the past week and with the current cost of oil, he is very comfortable with the balance.
Mr. Lambert moved for acceptance of the City Manager’s Report, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Malone and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances 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 ordinances will take place during the Council Meeting of August 14, 1995.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinances as amended, by title only, seconded by Mrs. Malone and unanimously carried:
A. Chapter 22, Article I (Utilities), Section 22-1 - Application of Payments
B. Chapter 22, Article IV (Water), Division 6 (Rates, Charges and Billing Procedures) -
B-1. Section 22-251(b) - Water Use Fees Generally
B-2. Section 22-253 (a) - Meter Reading and Billing
B-3. Section 22-254 - Payment with Dishonored Check
B-4. Section 22-255 - Overdue Charges
B-5. Section 22-256 - Charge for Discontinuing or Restoring Water Service
(Legislative and Finance Committee)
C. Section 2-7(f) - Awards Committee (Legislative and Finance Committee)
D. Chapter 2, Article II - Handbills (Legislative and Finance Committee)
Mr. Fenimore moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:30 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 24, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR