REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 24, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, 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.
Richard Ornauer - 17 Mifflin Road
Mr. Richard Ornauer of 17 Mifflin Road relayed to previous actions of Council where they contracted for the development of the parking lot adjacent to City Hall. Recent news articles have shown that payments have not been received since last August. He requested a status report on the matter.
Mr. O'Connor explained that the contract provided for certain actions if any findings were discovered when the environmental testing was performed on the site. There is discussion on this matter between the two parties. However, in conjunction with the terms of the City, the contract is now null and void and the City will retain ownership. The natural expiration of the contract is May 15, 1995. He also noted that the City received a Total Phase I Environmental Assessment of the lot which came up clean as well as several months of payments.
Mike Chapman - 863 Schoolhouse Lane
Mr. Mike Chapman of 863 Schoolhouse Lane stated that he attended ceremonies held earlier for Mr. Pat Lynn and he commended Mayor Hutchison and members of Council for taking the initiative of dedicating Pat Lynn Drive.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of the following agenda additions:
Item #3A - Rescheduling of public hearing for property located on Acorn Lane
Item #5D - Front End Loader
Item #5E - Pipe, Mudstone Branch Force Main/North Loop Water Main
Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 10, 1995
The Minutes of the Regular Council Meeting of April 10, 1995 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROCLAMATION - ARBOR DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, in 1827 J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and
WHEREAS, this holiday, called Arbor Day, is observed throughout the nation and the world; and
WHEREAS, the City of Dover was named a Tree City USA in 1994 for the sixth consecutive year by the National Arbor Day Foundation, recognizing Dover for its outstanding urban forestry program; and
WHEREAS, the City maintains a goal of planting two trees for every one tree removed; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, the City of Dover received trees through the State Department of Agriculture's "Urban and Community Forestry Program"; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, a community's tree planting program is a living memorial to the citizens' concerns for the quality of life.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 28, 1995 as "Arbor Day" in the City of Dover and urge all citizens to support the efforts to care for our trees and woodlands.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
The Proclamation was presented by Councilman Pitts (Chairman of the Parks and Recreation Committee) to Ms. Connie Zipperer from the Department of Agriculture. Ms. Zipperer presented a plaque to Mr. Don Knox (Director of Community Services) and Mr. William Cooper (Grounds Superintendent) depicting Dover as a Tree City USA for the sixth consecutive year.
Mr. Knox informed the public that they are having a tree planting at Memorial Park on April 28, 1995 at 10:00 a.m. They plan to plant a Dogwood tree as a living memory to the victims of the bombing in Oklahoma City. He invited the Mayor and Council and the citizenry to attend the services.
Mr. Weyandt commended Mr. Cooper on the beautiful flowers throughout the City, stating that they will be in full bloom by Dover Days and will certainly add to the beauty of the festivities.
ELECTION RESULTS - 1995 MUNICIPAL ELECTION
The City Clerk reported the following results for the 1995 Municipal Election, as certified by the Election Judges, Mr. William Willis and Mrs. Beulah Gray:
William F. Hare - 218
Richard D. Senato - 168
Total Votes Cast - 386
Total Registered Voters
- 2nd District - 3,030
- Total City - 14,091
Mr. Leary moved for certification of the results as reported, seconded by Mr. Salters and unanimously carried.
RESCHEDULING OF PUBLIC HEARING - PROPERTY LOCATED ON ACORN LANE - OWNED BY ACORN LANE APARTMENTS
Mr. Lambert noted that Council has set a public hearing for May 8, 1995 for property located on Acorn Lane, owned by Acorn Lane Apartments. He noted that during the Planning Commission Meeting the meeting was heavily attended by adjacent property owners. Since May 8, 1995 is the Annual Meeting of Council when many ceremonial functions are addressed, it was felt that it would be more fair to the property owners to reschedule the public hearing to the next Council Meeting so that ample time can be given to the matter.
Mr. Lambert moved that the public hearing be rescheduled to May 22, 1995, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on April 11, 1995 with Chairman Salters presiding.
Revised Budgets - Fiscal Year 1994/95
The committee was presented with line item detailed budget revisions for the City's major funds, as follows: General Fund, Receipts and Budget; Water/Wastewater Fund, Revenues and Budget; Electric Revenue Fund, Revenues and Budget; Internal Service Fund, Receipts and Budget; Electric Improvement and Extension Fund, Receipts and Budget; Water/Wastewater - Improvement and Extension Fund.
Although budget revisions are presented to members three to four times during the fiscal year, staff submits the total revised budgets along with the proposed budget when presented for adoption in May of each year. However, this year, the revised budgets are presented earlier and separately from next year's proposed budgets.
Mr. O'Connor explained that during the budget review process, each department's current budget is reviewed, line by line, by the budget team and department heads. At that time, the current budget, expenses and needs for the remainder of the year are discussed in detail. He stated that the budget team also reviews the receipts/revenues and, where applicable, discusses the same with the department heads. Mr. O'Connor stated that the revised budgets, as presented, are the result of these budget reviews.
The committee recommended approval of the revised budgets for fiscal year 1994/95.
Mr. Salters moved for approval of the committee's recommendation and for acknowledgement of the first reading of the ordinance, by title. The motion was seconded by Mr. Leary and unanimously carried. The final reading of the ordinance will take place during the Council Meeting of May 8, 1995.
Purchase of Computer Mug Shot Imaging System - Police Department
The Police Department feels it is necessary to upgrade their equipment in order to accomplish daily operations. They currently process mug shots in black and white but victims have a difficult time identifying suspects since it is difficult to determine skin tones in a black and white picture. Also, with the present system, poor pictures are sometimes processed and the photos deteriorate with age. Although the department has targeted the purchase of a Computer Mug Shot Imaging System for several years, funds were not budgeted for this purchase. Upon successfully obtaining two grants to finance the purchase of this system, vendors were solicited. The vendor selected, Compu-Color, is the main supplier for this region and is the only one known that is able to supply the system as a whole package. The total cost of the system is $25,424.30.
The Computer Mug Shot Imaging System will overcome all of the problems currently being experienced with the current system. Chief Smith explained that a color image of suspects and defendants will be taken and maintained in a database. All associated booking information will also be stored in the database and can be retrieved on the same screen and printed. Several mug shots can be displayed for photo line-up purposes. These mug shots can also be enlarged and zoom features will enhance the Department's ability to search for a wanted person in a more efficient manner.
The committee recommended approval of the purchase of a Computer Mug Shot Imaging System from Compu-Color at a cost of $25,424.30.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Purchase of Telephone System - Police Department
During the past two years, the Police Department has experienced numerous problems associated with the telephone system. According to several vendors, the only way to prevent and correct the problems is to replace the system; therefore, the purchase of a new telephone system was included in the Police Department's budget for the current fiscal year. Through a state-contract vendor, Executone Information Systems, Inc., a new telephone system can be purchased for $33,944.
Executone has offered to install a telephone system that will replace the majority of the telephones at the Department with digital phones and will provide voicemail capability on all phones. This system also offers management the capability to check the status of the phones at all times, leave messages for officers who are not available and will give the Department the ability to manage the dissemination of information more efficiently through the voicemail system. The Department will have the ability to effectively notify an entire unit through the use of the voicemail system without requiring the massive amount of personnel time which is currently entailed.
The committee recommended approval of the purchase of the telephone system from Executone Information System, Inc., at a cost of $33,944.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote. It was noted by Mr. Leary that the new technology is compatible with the proposed construction and is capable of the required growth to the system.
Mr. Salters relayed his appreciation to the Police Department for their continuing efforts to be the best possible law enforcement agency by keeping their officers educated with new programs and concepts and keeping their equipment up to date. He stated that citizen safety is our first priority and although Council has to keep an eye on budget restrictions, they also must look to the future.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 11, 1995 with Chairman Lambert presiding.
Bid - Mudstone Branch Interceptor Sewer
In conjunction with the 1994 Capital Improvement Plan, the Department of Public Works proposed to construct the Mudstone Branch Interceptor Sewer System. This project was originally identified in the City's 1987 Wastewater System Master Plan; however, the scope of the project was altered due to existing field conditions and the availability of financing. Bid packages were prepared for construction of approximately 6,300 L.F. of sixteen inch (16") D.I.P. force main in addition to 3,090 L.F. of various size gravity sewer main and appurtenances. The low bid was received from Onshore Construction Co., Inc. in the amount of $1,343,700.
The City's newly formed In-House Construction Unit will construct approximately 2,000 L.F. of the sixteen inch (16") D.I.P. force main and appurtenances that was included in the original bid; therefore, the low bid will be reduced by $153,240.
Mr. Tudor relayed concerns regarding the In-House Construction Unit performing a portion of the job as well as having the responsibility of inspecting the over-all project, which includes the work performed by another contractor. Mr. O'Connor advised members that staff intentionally required, in the bid specifications, to have the project bid in segments and that there were provisions in the contract that allowed the City to eliminate any one of those segments from the bid. The segment staff chose to eliminate from the contractor's bid is located at the end of the job, which will clearly indicate whose responsible for each segment of the project. However, there will be one area where the City's work and the other contractor's work joins in order to connect the sewer mains.
Noting that the new In-House Construction Unit was created with the use of current employees and did not require hiring any additional employees, Mr. Hare relayed concern with the status of the work the employees were previously required to accomplish. Mr. O'Connor stated that the employees on this new crew would be performing storm sewer work as well as some street projects and that, although that work is not being accomplished at this time, he assured members that the work is not of an emergency nature. He explained that with the shifting of these employees, the City is reviewing their priorities.
The committee recommended awarding the contract for the Mudstone Branch Sewer System Part 1 (A) to Onshore Construction Co., Inc., in the amount of $1,190,460.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
12.5KV Breakers for the Upgrade of the Danner Farm Substation
The planning and designed upgrading of the Danner Farm Substation require replacing three (3) obsolete 12.5KV class breakers in order to insure reliability and compatibility with the new protective relaying design. The designing and specifications were prepared by staff. Although bids were solicited from Rumsey Electric, WESCO and Dover Electric Supply, the only bid received was from WESCO, in the amount of $48,495. Staff recommended that a purchase order be issued to WESCO in the amount of $48,495 to purchase three (3) ESV breakers to replace the obsolete breakers at the Danner Farm Substation.
Mr. Tudor relayed concern with the explanation given for the need to replace the breakers, noting that breakers do not go bad but that something causes breakers to trip. Responding to Mr. Tudor, Mr. O'Connor stated that the reason for purchasing the breakers is, in essence, for preventive maintenance; however, he assured members that he will obtain additional information regarding the breakers.
The committee recommended that a purchase order be issued to WESCO in the amount of $48,495 to purchase three (3) ESV breakers to replace the obsolete breakers at the Danner Farm Substation.
Mr. Tudor reiterated his concern that further explanation is needed for members of Council to make decisions such as the one under discussion. The City Manager has submitted additional information to members of Council on this particular issue, but he requested that they be given this type of detailed information on issues in the future.
Mr. O'Connor stated that he will attempt to provide more detailed information to Council on issues before them. However, he requested that members of Council feel free to contact him on any matter coming up for discussion that they do not fully understand. He, or the responsible department head, will meet with them to provide the necessary information to answer their questions.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Electric System Bid Update
Mr. O'Connor advised members that the consultants for the City's Electric System (Mr. Kirk Betts, Mr. Kirk Wilson and Ms. Betsy Benson) have been evaluating the proposals for the generation and power supply options for the City's electric system for the past several months. Although a long-term solution and recommendation will be presented to members for consideration in the near future, in reviewing the proposals, the consultants discovered that a considerable amount of savings could be realized by the City for a short-term, interim acquisition of bulk power.
Staff requested authorization to negotiate a contract for the short-term, interim acquisition of bulk power. Although the length of time involved in the phrase "short-term" has not been determined, it was Mr. O'Connor's feeling that the contract would be for one year. It was also noted that review and negotiations will continue on the proposals received for the generation and power supply options, which will provide a long-term solution for the City.
Having concern with the question on the length of time involved for a short-term contract, Mr. Hare recommended that the length of the contract be for a maximum of one year. Responding, Mr. O'Connor felt that the contract would be requested for six months to one year.
The committee recommended that staff be authorized to proceed with soliciting bids for the short-term acquisition of bulk power, stipulating that the length of the contract be no longer than one year.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
The following items were reviewed by the Utility Committee on April 24, 1995, prior to the Council Meeting:
Purchase of Front End Loader
In conjunction with the 1994/95 City Budget and Capital Improvements Program, the Department of Public Works solicited bids for a current production Front End Loader with accessories. This machine will be used throughout the department for a variety of projects including but not limited to water/sewer main construction and maintenance, street maintenance, and snow removal. Upon review of the bids, City staff deemed the bid of Furnival Machinery Co., Inc. to be non-responsive to the specifications. The Komatsu WA 180-1 failed to meet the minimum specifications in several critical areas.
Mr. O'Connor advised members that staff recommended awarding the bid to the second low bidder, Alban Tractor Co., Inc. He noted that the first low bidder did not meet the specifications. He stated that the main specification was the pay load capacity of the equipment which would replace a 1966 front end loader that is presently being used by the Public Works Department. He informed members that the front end loader recommended for purchase is a budgeted item which would be an out right purchase and would be used throughout the City and for different functions of the Public Works Department.
Responding to Mr. Lambert, Mr. O'Connor stated that the present front end loader currently in use would be used at the old wastewater site to load rock and stone. He informed staff that it would remain stationary at one site until it can no longer be of use or completely falls apart and that monies would not be spent making any repairs on the front end loader.
Responding to Mr. Tudor, Mr. O'Connor stated that the current front end loader would not be traded-in and would be used to load materials at the old wastewater plant. He stated that the current front end loader has no value and could be decommissioned if necessary.
The committee recommended that the contract be awarded to the lowest bidder, Alban Tractor Company, in the amount of $100,084.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Bid - Pipe for Mudstone Force Main and North Water Loop Water Main
The installation of pipe for the Mud Stone Branch Force Main/Loop Water Main project was removed from the original project and is being done by City Employees. After careful evaluation of the bids, staff recommended the bid and a purchase order be awarded to Atlantic States Cast Iron in the amount of $188,972.
Mr. O'Connor advised members that the bid consists of two different projects. One is the piping of material for both projects for the North Loop Water Main to go from Route 13 to Denny's Road to the Dover Kenton Road and the other is the 2,200 ft. piping for the force main that was extracted from the low bid on the Mud Stone Branch Force Main project.
Mr. Tudor questioned why ductile steel pipe was being used rather than PVC piping on the projects. He explained that the cost and the labor of using PVC is much less expensive and its use would be a tremendous savings. Mr. O'Connor explained that PVC would be used on 10 inch and smaller pipe, but the price difference did not justify going to PVC on pipe that was 12 to 16 inches.
Mr. Weyandt felt that since PVC is lighter, it would be easier to handle and would save money on material and labor. Mr. Tudor suggested that staff consider using PVC on projects in the future.
The committee recommended awarding the contract to the lowest bidder meeting the contract requirements, which was Atlantic State Cast Iron Company, in the amount of $188,972. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
CITY MANAGER'S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY
In accordance with City Code, Section 7-18, the City Manager performed the semi-annual inspection of the Robbins Hose Company. He relayed that the Chief continues to express the need for a full-time Secretary which will be addressed in the 1995/96 budget. Recruitment seems to be going well, with seven new probationary members enlisted within the last month. Meetings are continuing on addressing the fund raising issues. Mr. O'Connor stated that it appears that the Fire Company is making great strides in promoting their service to the community.
Referring to the fund raising issue, Mr. Weyandt suggested that all information being sent out contain the words "volunteer fire company" when addressing the Robbins Hose Company. In reviewing information he received, he felt that it was not clear enough that the Robbins Hose Company is strictly volunteer. Mr. Lambert also reminded the citizens that donations are tax deductible.
Mr. Weyandt moved for acceptance of the Semi-Annual Inspection Report for the Robbins Hose Company, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - MARCH
By motion of Mr. Weyandt, seconded by Mrs. Malone, Council unanimously accepted the following monthly reports:
Chief of Police 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
Responding to questions by Mr. Weyandt, Mr. DePrima stated that shortly after Council approved the demolition of 31 S. Queen Street, the owner received a loan for renovations. The demolition was postponed to allow time for plans to be drawn and building permits obtained. It appears as though the structure will receive major renovations.
Responding to Mr. Leary, Mr. DePrima stated that approximately two years ago, the City was granted $235,000 by the State, through the Transportation Enhancement Grant, for a bikeway to be located between Saulsbury Road and Electric Avenue. However, the project was delayed and it appears as though it will be delayed indefinitely. In the interim, the City needed funds for the installation of sidewalks around the new Fire Station #2. It was decided that the available funds should be used for the sidewalk project and that when the Saulsbury Road project is closer to a reality, the City would reapply for the needed funds. Mr. Leary stated his opinion that both of the projects are very important to the west side of Dover.
Questioned by Mrs. Malone on when the proposed fire lane ordinance will come before the Safety Advisory Committee, Chief Baker stated that the matter is being addressed by the Fire Safety Standards Committee. He stated that the State is in the process of addressing fire lane regulations on a state-wide basis and that the City will have to wait to ensure that our ordinance is at least as restrictive as the new proposed State requirement.
Mr. Weyandt questioned the differences between assessment values versus building permit values, as shown on the Assessor's Report. Mr. DePrima stated that construction costs are set by standard formulas used throughout the industry and do not include the value of the land. He stated that the building permits do not include the cost of items that require a separate permit, such as heat/air conditioning and plumbing. Mr. Lucas stated that the assessed value of the property is determined in an entirely different manner and that cost tables and formulas are used to ensure that the same type of house will consistently price out the same.
Referring to the General Fund, Cash Receipts & Budget Report, Mr. Weyandt asked for a status report on grant funds for the Senior Surrey. Mr. O'Connor stated that we have not yet received official notification from DelDOT on whether they plan to take over the Senior Surrey operations. The City's proposed budget contains public transportation in some form for the seniors but it is hoped that the Senior Surrey and DAST will be consolidated.
By motion of Mr. Weyandt, seconded by Mrs. Malone, Council unanimously accepted the following monthly reports:
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager Report
General Fund, Cash Receipts & Budget Report
SETTING OF PROPERTY ASSESSMENT APPEAL DATES AND COMMITTEE MEMBERS
Council President Christiansen stated that the City Assessor has requested that the property assessment appeals be held on May 25, 1995 between the hours of 12:30 p.m. and 4:30 p.m. and between the hours of 6:30 p.m. and 8:00 p.m.
Council President Christiansen requested that Council Members Hare, Salters and Malone serve as Property Assessment Appeals Committee Members, with Councilman Lambert serving as an alternate.
Mr. Weyandt moved for approval of the above recommendations, seconded by Mr. Leary and unanimously carried.
REZONING REQUEST - PROPERTY LOCATED EAST OF U.S. ROUTE #13 - JOHN HUNN BROWN
A request was received to rezone property located east of U.S. Route #13, between S. Little Creek Road and E. Loockerman Street, containing approximately 122.8 +/- acres, owned by John Hunn Brown. The property is currently zoned R-8 (One Family Residence) and the requested zoning is RM-2 (Medium Density Residence).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Leary, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for June 12, 1995 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED EAST OF U.S. ROUTE #13, BETWEEN S. LITTLE CREEK ROAD AND E. LOOCKERMAN STREET.
REMARKS - COUNCILMAN FRANCIS R. WEYANDT
Noting that this is the last full official Council Meeting for Councilman Weyandt, Council President Christiansen stated his appreciation for all that Mr. Weyandt has done for the City of Dover. Mr. Weyandt stated that he has enjoyed the many years that he has faithfully served the citizens of Dover and thanked everyone for their assistance to him over the years.
Mr. Weyandt moved to adjourn, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:45 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 24, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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