Regular City Council Meeting
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Jun 26, 1995 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on June 26, 1995 with Council President Christiansen presiding. Council members present were Mr. Tudor, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare. Mr. Lambert and Mr. Leary were absent.

Council staff members present were Chief Smith, Mr. Lucas, 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.

Mr. Michael Chapman of 863 Schoolhouse Lane addressed the Council on the need for a recreational center for youth. It is his feeling that such a Center would provide a positive outlet for the youth in our area. He suggested a Center where the youth could “hang out” with their friends and have pin-ball and video machines, pool tables, batting cages, etc. The police could have a presence at or near the facility to ensure that the facility remains a positive youth center. Mr. Chapman stated that last year he worked with youth in an after school program and it quickly became evident that there is very little for them to do in the City.

Mr. Tudor questioned Mr. Chapman’s suggestion for possible location for the Center in the Blue Hen Mall or the old Acme building near the Blue Hen Mall. Mr. Chapman stated that he realizes that new facilities have recently located at the Blue Hen Mall and that it would no longer be available. He stated that he only suggested the location for review purposes and that there are many other locations within the City that would be suitable for such a facility. Members of Council thanked Mr. Chapman for his suggestions.

The invocation was given by Deacon Eunice Barnes, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Hare requested the addition of an agenda item (#4F) to discuss recommendations of the Salary Review Committee. Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Fenimore and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 1995

The Minutes of the Regular Council Meeting of June 12, 1995 were unanimously approved by motion of Mr. Salters, seconded by Mr. Hare and bore the written approval of Mayor Hutchison.

PROCLAMATION - USO DELAWARE MONTH

The City Clerk read into the record the following Proclamation:

WHEREAS, USO Delaware, Inc. endeavors to enhance the quality of life for military personnel and their families, both residing in and transiting through our local community; and

WHEREAS, USO Delaware, Inc. is the channel through which the Dover community may support the unique needs of our modern military; and

WHEREAS, USO Delaware, Inc. serves to foster integration and interaction within the local military and civilian communities through the development and implementation of support services and programs; and

WHEREAS, USO Delaware, Inc. is supportive of and interacts with state and city governments and their agencies, as well as other community oriented organizations; and

WHEREAS, USO Delaware, Inc. was founded on 50 years of patriotic service to the military members of the United States of America through our World Headquarters and its Councils.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim July 1 - 31, 1995 as USO DELAWARE MONTH in the City of Dover and urge all citizens to recognize the importance of this observance.

Mayor Hutchison presented the Proclamation to Ms. Joan Cote on behalf of USO Delaware, Inc. Ms. Cote expressed her appreciation for the Proclamation and to the Mayor and members of Council for their continued support to USO.

APPOINTMENTS - YOUTH MEMBERS - DOVER ARTS COUNCIL

Mayor Hutchison has appointed the following two young adults to serve as School District representatives on the Dover Arts Council, through April 1996.

Ms. Pauletta Brown - Representing Caesar Rodney School District

(replaces completed term of Mr. John Andrade, Jr.)

Mr. Christopher Parks - Representing Capital School District

(replaces completed term of Mr. James Hoover, Jr.)

Mr. Salters moved for confirmation of the appointments , seconded by Mrs. Malone and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on June 13, 1995 with Chairman Salters presiding.

Requirement for Sponsor and Co-Sponsor of Ordinance/Charter Changes

Should a member of Council wish to submit an ordinance/charter change for consideration, Council President Christiansen recommended that another member of City Council and a member of the Legislative and Finance Committee also be required to sign the proposed amendment as sponsor and co-sponsor prior to its submission to the Legislative and Finance Committee for their review and recommendation to Council. It was his feeling that this procedure would give validity to issues, eliminate “lost” proposals, would give presenter of the proposed amendment a vocal ally, and would save a lot of time, effort and energy for staff as well as Committee and Council Members.

Council President Christiansen explained that prior to any consideration of an ordinance or charter change, a total of three (3) sponsors [two (2) members of Council and one (1) member of the Legislative and Finance Committee] would be required to sponsor the proposed amendment. If a member of Council is requesting the amendment, they would be required to obtain another member of Council and a member of the Legislative and Finance Committee to sponsor/co-sponsor the amendment. If a member of staff or a citizen requests an amendment, they would be required to obtain two (2) members of Council and a member of the Legislative and Finance Committee to sponsor/co-sponsor the amendment.

The committee recommended adoption of an ordinance that would require two (2) members of Council and one (1) member of the Legislative and Finance Committee to sponsor/co-sponsor any proposed ordinance or charter change, with the exception of ordinance changes resulting from the current review of the City Code and rezoning ordinances.

Noting that he was on active military duty last week and was unable to attend the Committee meeting, Mr. Fenimore asked for the purpose of the proposal. Council President Christiansen responded that it is his feeling that the requirement would ensure that there is some support for a proposal before members of staff, and ultimately members of Council, spend a considerable amount of time in ordinance preparation and review. Mr. Fenimore stated his concern of the proposal stifling individual members of Council and felt that it should not be considered unless a problem with the current system is being incurred.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried with Mr. Fenimore voting no. (The First Reading of the ordinance will take place during the latter part of the meeting.)

Proposed Ordinance Amendment to Chapter 4 of the Dover Code - Animals and Fowl (Concerns of Vicious/Biting Dogs

As a result of a recent incident involving children that sustained severe injuries by a vicious dog that had attacked them, several members of Council relayed their concern that the City Code does not address vicious/biting dogs and suggested that staff review amending Chapter 4 of the Dover Code.

Chief Smith explained that the Dover Code does not provide a means for the Police Department to manage vicious/biting dogs in the City of Dover. He advised members that although several municipalities have ordinances that address vicious dogs within their jurisdictions, it was his feeling that the City of Wilmington and New Castle County’s ordinances more accurately address the City’s concerns regarding vicious dogs. Chief Smith submitted several recommendations that would amend Chapter 4 of the Dover Code. Responding to Mayor Hutchison, Chief Smith stated that the Police Department utilized State law for impoundment of the dog.

Mr. Leary felt that the current ordinances does not provide the Police Department with the authority necessary to handle situations involving vicious animals and that the fines associated are antiquated and need to be increased substantially.

Mr. Hare suggested that the amendment include authorizing the immediate disposal of a dog under any circumstances when there has been a second attack by the dog. Responding, Mr. Lambert felt that there are circumstances that require the need for the disposal of a dog upon its first attack. He suggested that the ordinance be amended to be flexible and allow for common sense to prevail based upon the facts and circumstances that would allow for the disposal of a dog upon its first attack.

Mrs. Gniesco, 265 Mifflin Road, reminded members that over the past two years, she has made several attempts to have the City’s animal control laws revised. She felt that if members would have acted on her request, this incident would not have occurred and now requested that members take immediate action.

Parents of the children that were bitten addressed the committee, explaining in detail the severe injuries sustained by the children from a vicious dog. They explained that the children were playing and in no way provoked the animal. Mr. Steve Spangler, parent of one of the injured children, indicated that he has reviewed Wilmington’s ordinance as it relates to vicious animals and felt that it addresses those issues that are now facing the City of Dover. He urged members to consider incorporating similar amendments into the City’s ordinance. Mr. Spangler relayed his concern with the impoundment of dogs upon such attacks. He was assured that the dog that attacked his child had been impounded, which he felt meant that the authorities had placed the dog in a kennel of some type; however, the impoundment of the dog simply required the owner to keep the dog in the home. Later, Mr. Spangler discovered that the owner had not kept the dog in the home. It was his feeling that when a dog has attacked, the authorities should take the dog away from the owner and impound it properly.

Concurring, Chief Smith explained that since the City does not have impound laws, the Police Department must rely on the State’s impound laws. In order for the Police Department to have the authority to physically remove a dog from the owner, a written order is required from the State of Delaware Department of Public Health. Once the City has impoundment laws, the Police Department will have the ability to impound an animal 24 hours a day, seven days a week. Chief Smith stated that the City also needs a mechanism for the destruction of an animal, either through the SPCA or through a veterinarian service; however, it is his desire to keep the actual destruction of an animal away from the Police Department’s responsibility. Members felt that any expenses involving impoundment or the destruction of an animal should be the owner’s responsibility.

The committee recommended that the Police Department work with the City Solicitor in preparing an amendment to Chapter 4 of the Dover Code that would address all concerns relayed and that it be brought back before the committee as soon as possible. For clarification, it was noted that the amendment should include the following: 1) that the animal can be destroyed upon first attack; 2) removal of an animal to the SPCA or veterinarian facility shall be at the owners expense; 3) the animal shall be quarantined as required for rabies; and 4) that the minimum fine associated be at least $100.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Hare and unanimously carried.

Designation of Funds (Councilman Tudor)

Mr. Tudor reminded members that during their meeting of May 22, 1995, City Council authorized the Mayor to sign an agreement between the City of Dover and the Public Service Electric & Gas Company (PSE&G) for the installation of fish ladders at the Silver Lake Spillway to the St. Jones River. In accordance with the agreement, a fee of $25,000 will be paid to the City for the use of the dam. Mr. Tudor noted that since the City did not anticipate receiving these funds, they have not been designated. He recommended that the funds derived from the agreement be applied to the principal of the loan for the construction of the Robbins Hose Company Fire Station #2.

In discussing this matter with the Finance Director, Mr. O’Connor relayed concern with the accounting procedures that would be required by designating different funds and establishing the necessary accounts. If it is Council’s desire, rather than designating these particular funds, he requested that staff be directed to prepay $25,000 on the principal of the loan for the construction of the Robbins Hose Company Fire Station #2.

The committee recommended that staff be authorized to prepay $25,000 on the principal of the loan for the construction of the Robbins Hose Company Fire Station #2.

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

Bid - Radio Maintenance Contract

Bids were solicited for the annual radio maintenance contract for the repair and maintenance of all City radio communication equipment from base stations to pagers. The contract includes labor and parts, installation and removal of mobile units, requires 24 hours a day, seven days a week service for the base stations with a guarantee that the base stations will be back in service within two hours, and all other equipment within two working days. This year, firms were requested to submit bids for a three (3) year period.

The committee recommended that the radio maintenance contract be awarded to the low bidder, Conks’ Communication, in the amount of $74,196, for a three (3) year period to begin July 1, 1995 through June 30, 1998. It was noted that the current monthly charge is $1,996.50.

Mr. Salters moved for approval of the committee’s recommendation to award the radio maintenance contract to Conks’ Communication, in the amount of $74,196, for a three (3) year period to begin July 1, 1995 through June 30, 1998. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote (Mr. Lambert and Mr. Leary absent).

Civilian Appointments to Council Committees

Mr. Hare submitted proposed ordinance amendments that would require two civilian members to serve on all four Council Committees; one of the members to be appointed by the Council President and the other to be appointed by the Chair of the Committee, with both appointments requiring the confirmation of Council.

Mr. Hare advised members that the Utility Committee has had one civilian member since 1963; the Parks and Recreation Committee has had two civilian members since 1963; the Legislative and Finance Committee had no civilian members until 1982 when the ordinance was amended to add one civilian member to the committee; and the Safety Advisory Committee had no civilian members until 1993 when the ordinance was amended to include one civilian member to the committee. Mr. Hare also noted the tremendous amount of growth that the City of Dover has experienced over the past several years. It was his feeling that participation by non-elected citizens on issues reviewed by the committees greatly enhances Council’s ability to examine and deliberate on all aspects of an issue.

Mrs. Malone indicated her support of additional civilian appointments; however, since committee appointment have been made for the 1995/96 Council year, she recommended that the amendment become effective for the 1996/97 Council year. Mrs. Malone also suggested that the amendment include a stipulation that would prohibit the re-appointment of a civilian member if they failed to attend four or more meetings per year.

Noting that the proposed ordinance amendment permits City employees to serve on Council Committees, there was discussion on whether this provision could cause a conflict of interest for a City employee.

Mr. Hare indicated that an employee of the City’s Electric Department may be an asset to the Parks and Recreation Committee for his involvement with recreation; however, he felt that an employee of the City’s Electric Department should not serve on the Utility Committee since there could be conflicts of interest.

Feeling that the appointments will be made very cautiously, members agreed to allow City employees to serve; however, they felt that all appointees should be residents of the City of Dover. (Note: Amending the second sentence by eliminating “or be City employees chosen for their interest in the community” would not eliminate the ability to appoint a City employee, therefore, that portion has been eliminated to clarify the requirement of being a City resident).

The committee recommended approval of the proposed ordinances with the elimination of “or be City employees chosen for their interest in the community”.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinances will take place during the latter part of the meeting.)

Salary Review Sub-Committee Report

The Salary Review Sub-Committee, consisting of Councilman Leary, Hare and Lambert, Mayor Hutchison and City Manager O’Connor, reviewed the salary levels of managerial employees under the direction of City Council. The sub-committee recommended approval of the following salary levels:

                        City Assessor                                      -                      $45,100

                        Assistant City Clerk                           -                      $35,000

                        Director of Planning/Inspections        -                      $60,000

                        City Clerk                                           -                      $51,000

                        Chief of Police                                    -                      $67,500

                        Police Major                                       -                      $63,000

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

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on June 13, 1995 with Chairman Hare presiding.

Concerns of Crime, Safety, and Deterioration of Quality of Life - Downtown Dover Area

On behalf of citizens of the central section of downtown Dover, Mr. Salters advised members of grave concerns pertaining to the safety, environment, noise, robberies, anti-social behavior, loitering, and the deterioration of the quality of life in their neighborhoods. He explained that the problems being experienced are so vast that it will take a concerted effort of the Inspections Department, Police, citizens of the area and the community at large to help develop a plan to resolve these problems. Mr. Salters requested that this matter be brought before the committee in an attempt to generate ideas and begin the rehabilitation process.

Mr. Pitts advised members of an article in the Nations Cities Weekly newspaper that refers to deterioration problems in New Orleans, Dallas, and several other cities similar to those problems being experienced in downtown Dover. The article includes information on ways to revitalize these problem areas. He suggested that information be obtained from other cities on how they have addressed their problems. Mr. Pitts also suggested that the Main Street Manager become involved in revitalizing New Street. He stated that staff and members of Council must be firm in their commitment.

Mr. Hare noted that Council went on record supporting an ordinance establishing a Business Improvement District for downtown Dover. Adoption of this ordinance will begin the process of implementing acts for the betterment of Main Street and the improvement of downtown Dover. It was Mr. Hare’s feeling that if the City does not attack the problem areas adjacent to the BID, the tax will be counterproductive. In an attempt to begin resolving some of the concerns, he suggested that there be police presence 24 hours per day, either by constructing a mini-substation or placing patrol cars in designated areas; have daily inspections of the housing in the area to identify violations; that Council take a firm stand on demolition of property; that there be monthly activity reports by the Police and Inspections Departments; and a yearly review of the BID process. In addressing the costs for these suggestions, Mr. Hare advised members that CDBG funds can be utilized to supplement the costs for additional police officers and for the daily inspections.

Council President Christiansen noted that the City has been placing great emphasis on these areas by providing services over and above what other areas of the community receive, such as additional police patrol, housing inspections, community development block grant funds, etc. It was his feeling that the City has put forth a lot of effort in an attempt to “clean-up” these areas and that in order for these efforts to be productive, there must be community participation.

Mr. Salters indicated that although those residents that are homeowners support the City, there is an estimated 70% of the residents that are renters that have no interest in their neighborhood. He advised members that this lack of interest is the result of absentee landlords. Mr. Salters felt that the community can be rehabilitated with the cooperation of the City’s Inspections and Police Departments, and Chairman of the Safety Advisory Committee, along with the support of members of Council and the citizens of Dover.

Mayor Hutchison reminded members that when the concerns and issues regarding Kirkwood Street were attacked, assistance came from within the community. He stated that without the community’s assistance, the City’s efforts would not have come to fruition.

Mr. Coleman noted that these problems are the result of a small group of people. He felt that the only solution to resolve these problems is to place constant pressure on these individuals and suggested that when a plan has been developed, this factor be included.

Concurring with Mr. Coleman, Mr. Lambert urged members, as well as the community, to strongly support the Police and Inspections Department’s enforcement efforts.

Chief Smith advised members that there are literally more police officers in this three block area than any other area in the entire County. In explaining the operation of the criminal justice system, he stated that before all the paper work has been completed on a drug arrest, there is another individual, if not that same individual back on the street again. Having concern with displacement, Chief Smith explained that when addressing these problems, consideration must be given to avoiding the transfer of these problems from one area of the City to another.

Mr. Leary noted that the City has limited tools at their disposal that would assist in alleviating some of the concerns in this area, those being law enforcement and inspections. He suggested that there be a joint effort between the City’s Police Department and Inspections Department, feeling that a uniformed police officer escorting a building inspector into the area may be more significant. He reminded members that during recent community meetings in this area, there were no solutions offered, only concerns relayed; therefore, he urged members not to delay action by scheduling meeting for further discussions. Since there appears to be no one solution, Mr. Leary recommended that a joint task force be established that would develop a plan in order to proceed with resolving these problems.

The committee recommended that the Chairman of the Safety Advisory Committee, Chief of Police and Inspections Director/Planner serve as a Joint Task Force in developing concrete recommendations for the rehabilitation of this area to be brought back to the committee for their review and recommendation.

Mr. Hare moved for approval of the committee’s recommendation, seconded by Mr. Salters and unanimously carried.

Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Salters and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on June 13, 1995 with Chairman Lambert presiding. In the absence of Chairman Lambert, the report was presented by Mr. Tudor.

Request for Waiver from Subdivision Street Requirements - Simpson Industrial Park

Members considered a request from Dover Air Park, Inc. for various waivers from subdivision street requirements for the proposed Simpson Industrial Park, as follows:

1)Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.

2)Waiver from the 38' paved width for public streets, to permit a paved width of 28'.

3)Waiver from the 400' length limit on cul-de-sac or dead-end streets, to permit an overall cul-de-sac street length of 500'.

4)Waiver from the requirement for sidewalk on both sides of the street, to permit the street construction with no sidewalk.

5)Waiver from the City of Dover standard Type III curb (upright curb) to permit the use of Type II curb (roll curb).

Mr. DePrima, City Planner, provided members with a diagram depicting the area of the proposed subdivision. The proposed subdivision consists of 7.5048+/- acres, located on the north side of Lafferty Lane, approximately 400 feet west of Horsepond Road. The various street waivers are being requested since it is a small industrial subdivision that would have a low auto and pedestrian traffic flow and because the proposed entrance road area is only 50' wide and is locked between two parcels not owned by the applicant. Mr. DePrima also noted correspondence received from Mrs. Debra Edwards and Mr. David Schampe, who reside at the entrance of the proposed subdivision, in favor of the requested waivers. After consideration of the DAC comments and the reasons for the waivers. Mr. DePrima stated that the Planning Commission recommended approval of the following waivers:

1)Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.

2)Waiver from the 38' paved width for public streets, to permit a paved width of 28' with no parking on the street.

3)Waiver from the 400' length limit on cul-de-sac or dead-end streets, to permit an overall cul-de-sac street length of 500'.

In regards to the requested sidewalk waiver, Mr. DePrima stated that the need for sidewalk at this location may be realized in the future depending upon the types of uses which occupy the subdivision and surrounding lands. Therefore, the Planning Commission recommended that the installation of sidewalks be required along Rosemary Road and that a waiver be granted for sidewalks along the proposed lots #2, #3, and #4 until such time that buildings are constructed. Regarding the requested waiver from the standard Type III curb (upright curb) to permit the use of Type II curb (roll curb), Mr. DePrima stated that both the Planning Department and the Public Works Department objected to this waiver since the rolled curb would serve as one continuous curb depression which invites indiscriminate vehicular encroachment at any point. He explained that Type III curb is particularly important in an industrial subdivision which tend to involve vehicles of significant weights and large turning radii. Therefore, the Planning Commission recommended denial for the waiver from the standard Type III curb.

Mr. Simpson advised members that the proposed subdivision is bordered on all three sides, stating that there is a wooded area on one side, a ditch on the other and that to the rear of the property is a field. It was his feeling that the installation of sidewalks is not necessary at this time and would not be needed in the future since there would not be any type of foot traffic.

Mr. DePrima stated that with Council’s approval, the installation of sidewalks can be deferred and that should pedestrian traffic warrant the need for sidewalks in the future, the City can required their installation at that time. He reminded members that the installation of sidewalks may not be necessary at this time, if sidewalks are not installed at the time of development, it is difficult to require their installation at a later date and explained that the opportunity to install sidewalks is during the development. Mr. DePrima concurred that sidewalks may not be as necessary in an industrial area than in a residential area; however, the City’s ordinance requires sidewalks and it was felt by the Planning Commission that there should not be an exception for this development.

In response to Mr. Tudor’s concerns, Mr. DePrima stated that should Council waive the requirement for the installation of sidewalks for this subdivision at this time, he felt that the Planning Commission will waive the requirement for the installation of sidewalks for the three vacant lots when site plans are presented for their review. He explained that the Planning Commission has the authority to waive the requirement for sidewalks at site plan approval; however, Council’s approval is required (when a subdivision is presented).

Mr. Tudor noted that the proposed subdivision is surrounded by properties zoned commercial and that due to the close proximity of the Dover Air Force Base, high density housing is prohibited. Since there would be no pedestrian traffic at or near this particular subdivision, Mr. Tudor felt that sidewalks would not be necessary.

The committee recommended approval of the request to waive sidewalks for the proposed Simpson Industrial Park, stipulating that Council has the option to require the installation of sidewalks in the future should the need arise.

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

Bid - Annual Boiler Repair Contract

Hourly rate bids are solicited on an annual basis from a boiler repair organization to provide services on an as needed basis for the McKee Run Generating Station. Work is typically conducted for repairs to the three power boilers, the two hot water boilers, and a variety of heat exchangers such as feedwater heaters and fuel oil heaters. Repairs are generally conducted either on an emergency basis to return equipment to service or as identified by equipment inspections during maintenance outages.

Potts Welding & Boiler Repair was the sole bidder. Mr. O’Connor advised members that Potts Welding & Boiler Repair has held the annual contract at McKee Run for several years. They have traditionally provided good service in a timely manner and have been responsive to the needs of the plant. Their long association with the McKee Run units has proven to be most valuable in evaluating equipment conditions and capabilities. Mr. O’Connor indicated that $350,000 has been budgeted for 1995/96 for this item.

The committee recommended awarding the contract to the sole bidder, Potts Welding & Boiler Repair, for the 1995/96 budget, as follows:

                                                                                    Hourly Rates

            Boilermaker Foreman                                      $41.50

            Boilermaker                                                     $40.50

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

Asbestos and Non-Asbestos Insulation Annual Repair

The McKee Run Generating Station incorporates a great deal of insulation to limit heat loss and provide personnel protection. Portions of the plant utilize asbestos insulation while other portions utilize non-asbestos insulation. Removal and disposal of asbestos require trained and certified personnel. Mr. O’Connor advised members that during maintenance of the plant, removal of asbestos and non-asbestos insulation for access to plant equipment is required. Following maintenance activities, removed or damaged insulation materials are replaced by insulation mechanics. Most of these insulating activities are relatively small jobs that comprise only a few hours of work. In order to improve the cost effectiveness of bringing in the contractor, small jobs are accumulated. Typically asbestos removal work cannot be postponed; however, re-insulation work can often be postponed.

Bids were solicited for hourly rates for asbestos and non-asbestos insulation work (items in parenthesis are for non-asbestos work, when different), with the low bid received from G&B Environmental, as follows:

                                                                        Supervisor                   Mechanic

            G&B Environmental                           $21.50                      $19.94 ($21.50)

The committee recommended that G&B Environmental be selected as the asbestos and non-asbestos insulation contractor for the 1995/96 budget year.

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

Fuel Oil Supply - McKee Run Generating Station

Bids were solicited for the purchase of #6 fuel oil for the McKee Run Station on a one year contract. The contract contains a clause which allows the City to extend the contract for an additional one year period. The current contract for fuel oil supply at McKee Run, which will expire on June 30, 1995, was awarded to Amerada Hess Corporation for the 1993/94 budget year and extended for the 1994/95 budget year. Staff recommended awarding the contract to the low bidder, F.C. Haab Company, Inc., at a delivered price of $2.724 per million BTU’s.

Mr. O’Connor advised members that the amount of oil that will be needed has been greatly reduced due to the change in operations for the steam units and that the deliveries will be sporadic. Both of these factors will make the oil supply contract less attractive to potential bidders. In order to encourage more interest in our fuel oil bid, a new system for tracking fuel oil prices was developed, which was based on the Platt’s Oilgram Price Report. This new system would have resulted in a lower price 86% of the time and a higher price 14% of the time over the last 17 months. The largest savings would have been 53 cents per million BTU’s or $3.04 per barrel. The largest increase would have been 18 cents per million BTU’s or $0.81 per barrel.

Responding to Mr. Tudor, Mr. O’Connor stated that although the cost per BTU’s has been presented for comparison, cost per gallon as well as the quality of oil were used in the analysis of the bids. Mr. O’Connor explained that the Platt’s Oilgram Price Report provides an index for the price of oil.

The committee recommended that the 1995/96 fuel oil supply contract be awarded to F.C. Haab Company, Inc.

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

Bids - Electric Stock Material

Since 1989, the City has been purchasing electric stock material through a blanket bid process. This procedure has proven to be very cost effective as vendors will guarantee their bid price for material during the entire fiscal year. Following a thorough evaluation of the bids, staff recommended that for the period July 1, 1995 through June 30, 1996, purchases be made with the following vendors at the estimated costs specified:

ITEMS

Bolts, auto splices, cable cutters, connectors elbows, elbows, fuse links, H-taps, primary pedestals, transformers, primary cable, etc.

Connectors, bolts, cold shrink, couplings, pvc elbows, guy wire, luminaries, transformer pads, reducer boots, screwdrivers, stripping tools, etc.

Glove protectors, blankets, transformers, house meters, etc.

Bolt cutters, anderson connectors, cold shrink elbows, cutouts, fuses, deadend shoes, guy attachments, guy breaker, luminaries, pedestals, parachutes, fiberglass poles, etc.

Arresters, anchors, anchor rods, cutout fuse tubes, bushings, chain hoists, deadend bails, pedestal connectors, pull grips, transformers, secondary and primary cable, etc.

COMPANY

A.J.P. Sales

Dixie Electric

Hesco

United Electric

Wesco

*AMOUNT

$ 1,196,202.26

$ 48,478.33

$ 222,130.58

$ 140,615.11

$ 217,222.46

*Amounts are estimated based on projected purchases.

The committee recommended approval of staff’s recommendation.

Mr. Pitts moved for approval of the electric stock material bid as recommended by the committee, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Lambert and Mr. Leary absent).

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

MONTHLY REPORTS - MAY 1995

By motion of Mr. Salters, seconded by Mrs. Malone, 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

ANNEXATION/REZONING REQUEST - SW CORNER OF THE INTERSECTION OF FORREST AVENUE AND SAULSBURY ROAD

A request was received for annexation and rezoning of property located on the southwest corner of the intersection of Forrest Avenue and Saulsbury Road, owned by Maynard C. and Mary B. Reed Estate, Robert Joe Kilby and James C. Brown. Staff recommended that the request be referred to the Planning Commission and Utility Committee, that an annexation referendum be set for August 17, 1995 and that a public hearing be set for August 28, 1995.

Mr. Salters moved for approval of staff’s recommendation. The motion was seconded by Mr. Fenimore and Council unanimously acknowledged the first reading of the following ordinance, by title only, and adopte