REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 9, 1995 at 7:15 p.m. 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, 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.
Ann Gniesco - 265 Mifflin Road
Mrs. Ann Gniesco of 265 Mifflin Road relayed to members of Council and staff that the flowers around the City were beautiful this past year and she suggested that the City never discontinue its flower program. She also voiced support for the updated Christmas decorations that were on display this past holiday.
Mrs. Gniesco stated her concern for proper planning for the future of the City of Dover. She reminded the Mayor and Council of the need to properly plan for such matters as increasing traffic and increasing crime.
Noting that many citizens enjoy watching the Council Meetings on cable television, Mrs. Gniesco suggested that the City request that ComCast televise all Council Committee meetings and Planning Commission meetings. She felt that televising all meetings would be beneficial for those that are unable to come to City Hall but that have an interest in the proceedings of the meetings.
Animal control was another area of concern for Mrs. Gniesco. She stated that animal control laws are very outdated and are in desperate need of revision. Mrs. Gniesco suggested that the City be more generous in their contributions to the SPCA, stating that they are extremely under funded. She requested that the City revise their animal control ordinances.
The invocation was given by Rabbi Moshe V. Goldblum, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 12, 1994
The Minutes of the Regular Council Meeting of December 12, 1994 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 21, 1994
The Minutes of the Special Council Meeting of December 21, 1994 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PRESENTATION - DONATION FROM WESTMINSTER VILLAGE - FIRE AND POLICE DEPARTMENTS
On behalf of Westminster Village, Mr. Jeffrey Shireman and Mr. Dick Dunlap presented to the City two checks, each in the amount of $1,250, to be utilized by the Police and Fire Departments. Mr. Shireman stated that although Westminster Village is a tax-exempt entity, they chose to make a donation to denote their sincere appreciation for the protection of the fire and police departments. They have always received excellent service from the City and wanted to show their gratitude.
On behalf of the citizens of Dover, Mayor Hutchison relayed appreciation to Westminster Village not only for the monetary contribution, but also for providing quality housing for the senior citizen population of Dover.
PROCLAMATION - 75TH ANNIVERSARY - YEAR OF WOMEN'S SUFFRAGE
The City Clerk read into the record the following Proclamation:
WHEREAS, the United States in declaring its independence from Great Britain on July 4, 1776, proclaimed "We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness;" and
WHEREAS, on December 7, 1787, Delaware was the first among the states to ratify the Constitution of the United States which was designed to "secure the blessings of Liberty to ourselves and our posterity" but, by its silence left the determination of who was qualified to vote to the individual states; and
WHEREAS, on February 3, 1870, following a bloody Civil War, the Constitution was amended to include the words "The rights of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude;" and
WHEREAS, on August 26, 1920, after many years of struggle, the Constitution was further amended to include the words, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex; and
WHEREAS, in 1963, Congress enacted the Voting Rights Act to extend the right to vote to African-Americans whose right to suffrage had effectively been denied in some states; and
WHEREAS, the City of Dover is joining with the Nation in proclaiming 1995 as the 75th Anniversary Year of Women's Suffrage, to be a year of celebration of the attainment of universal suffrage.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the year 1995 as THE 75TH ANNIVERSARY YEAR OF WOMEN'S SUFFRAGE in the City of Dover, and encourage all residents of the City to recognize the contributions of our forbearers who secured for all Americans the rights to exercise the franchise and to participate fully in public affairs.
SALARY ADJUSTMENTS
City Manager's Salary
Per the terms of the City Manager's employment, City Council recently conducted a performance review of the City Manager. Based upon that review, Mr. Leary moved that the City Manager, Mr. James O'Connor, receive a salary increase of $3,750 approved retroactive to January 1, 1995 and an additional increase of $3,750 effective January 1, 1996, with a salary cap of $80,000. The motion was seconded by Mr. Lambert and carried by a unanimous roll call vote.
Finance Director/Treasurer
Mr. Hare moved that the Finance Director/Treasurer, Mike Karia, receive a 4% salary increase, retroactive to January 1, 1995. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
Mr. Tudor requested that the committee consider creating a "Sunset Committee" to review all ordinances to determine if modifications or changes should be made. He explained that there have been occasions where an ordinance was adopted due to a particular situation and although the need for the ordinance may later diminish, the ordinance remains on the books. Noting that review of the City Code has never been accomplished since its adoption, Mr. Tudor stated that the City may find several laws that either need to be eliminated or changed to coincide with today's conditions.
The committee recommended that members of the Legislative and Finance Committee and Mr. Tudor serve as a "Sunset Ad-Hoc Committee" to review the City Code of Ordinances, with the exception of the Zoning Code.
Under the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Declaration of Drug Houses as Public Nuisances - Proposed Legislation
Members reviewed legislation that allows cities to treat Drug Houses as public nuisances. The law allows cities to vacate, board up, raze, or sell homes used as drug houses. The city must first show evidence and have the home declared a public nuisance by a judge. Mr. Rodriguez has reviewed the legislation and indicated that a similar law could be adopted by the State of Delaware or City of Dover.
Chief Smith stated that the City Police Department has the authority to act on forfeitures and seizures within the State and Federal Laws. He advised members that due to the Privacy Act, Police Agencies are not permitted to divulge an individual's criminal history. In order for this type of ordinance to work, he stated that the Privacy Act needs to be amended and suggested that the State Legislators be contacted.
Although the City Solicitor indicated that drug houses could be added to the list of dangerous buildings as provided in Section 5-86 of the City Code, Mr. DePrima relayed concern with the ability of providing proof of a drug house without having access to conviction records.
Chief Smith indicated that Police Agencies would be permitted to provide information regarding their response to a particular address; however, they would not be permitted to disseminate any conviction information.
The committee recommended that the City Solicitor prepare an amendment to Section 5-86 of the Dover Code to include drug houses in the list of dangerous buildings, to be presented back to the Legislative and Finance Committee for their review and recommendation.
Members also directed the Chief of Police to determine the steps necessary to have the Delaware Legislature address the concerns regarding the Privacy Act to be reported back to the Legislative and Finance Committee.
Under the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
The Legislative and Finance Committee Report was unanimously accepted by motion of Mr. Salters, seconded by Mr. Leary.
UTILITY COMMITTEE REPORT
The Utility Committee met on December 12, 1994 with Chairman Lambert presiding.
Water/Wastewater Rates
The budget for the Water/Wastewater Fund has no rate increase and has a projected one percent (1%) increase in gallons sold. The budget indicated the possibility that a late adjustment may be necessary due to the new water treatment plant coming on line. Based on the actual gallons of water sold through November 1994, a 10.5% decrease is projected. Although there are several reasons for the decrease, the weather and water conservation are the primary reasons.
Due to the projected decrease in consumption and the manning/operational expenses relative to the new water treatment plant, a $382,122 shortage in water fees is anticipated this year. In order to balance the shortage by June 30, 1995, staff recommended an increase in water rates in the amount of $0.37 per 1,000 gallons, to be effective February 1, 1995. Mr. O'Connor noted that the water rate would be increased from $1.53 to $1.90 per 1,000 gallons.
Mr. Tudor suggested that tiered water rates be established for those businesses that are large consumers of water such as car washes and laundromats. Responding, Mr. O'Connor stated that several years ago, this practice was eliminated in order to promote water conservation rather than promoting water consumption. Although it is the City's desire to sell water, it would be difficult to establish a lower water rate for large consumptions of water and at the same time attempt to promote water conservation.
The committee recommended that staff be authorized to establish an increase in water rates in the amount of $0.37 per 1,000 gallons, to be effective February 1, 1995.
Since the date of the committee meeting, the City Manager submitted a memorandum requesting that Council delay action on this matter. After more detailed review, the City Manager wishes to further investigate the concept of a tiered system where rates would be based upon consumption and cost of service. He requested that the proposed rate increase be delayed for further information, noting that any rate increases would become effective April 1, 1995.
Mr. Lambert moved that action be delayed on this matter for a report back to the committee prior to implementation of a rate increase. The motion was seconded by Mr. Hare and unanimously carried.
VanSant Combustion Turbine - Emissions Monitoring
The VanSant combustion turbine is an affected unit under the 1990 Clean Air Act Amendments, which requires affected units to automatically monitor and record unit emissions during operation. As a low capacity factor unit, there is a choice of installing and maintaining a certified emissions monitoring system (CAMS) or use of an approved alternative monitoring method. The approved monitoring method consists of conducting baseline testing to establish relationships between certain operating parameters and actual emissions, imputing those relationships into a computer, having the computer monitor the critical operating parameter, and having the computer automatically calculate and record hourly emissions. The installed cost of a full CAMS was estimated to be $409,000. In addition to the installed costs, regulations require significant maintenance of the CAMS that would necessitate an additional manpower burden to the un-manned facility when the unit was not in operation.
The Combustion Turbine was designed to be utilized as a peaking unit. The City has applied for a permit to operate the CT as a stand-by peaking unit, to be utilized no more than 20% of the total number of operational hours, per year. Although the CT is currently being utilized an average of 5% of the total number of operational hours, per year, he advised members that staff is anticipating a small increase in usage. Mr. O'Connor stated that should the CT be utilized more than 20%, it would be necessary for the City to apply for a new permit and would be required to comply with a different set of air quality standards.
Staff has selected the use of the alternative monitoring option as a lower cost alternative to CAMS installation. The supplier of CAMS at McKee Run, KVB, was requested to prepare a proposal for the entire scope of work. KVB was considered the sole source for the project as they have the resources to perform all phases of the project, to maintain consistency in compliance software between the sites, and is the only known supplier of certified similar systems. Staff requested KVB to provide a quote for all materials, labor, computer hardware and software, start-up assistance and certification/baseline emissions testing.
The committee recommended that a purchase order be issued to KVB in the amount of $207,082 to perform the scope of work.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare.
Noting that the City rarely has a need to use the CT, Mr. Tudor questioned if large amounts of money should be targeted towards this unit. Mr. O'Connor stated that in order to maintain our status with the PJM Pool, the City must have a reserve capacity and peak capacity. We could not meet the requirements without the Combustion Turbine. The CT cannot be permitted without the required monitoring devices. He reminded Mr. Tudor that the Combustion Turbine is designed to shave the peak and although it is not the most economical unit to run, its use is very important to the City of Dover.
The motion to authorize a purchase order to be issued to KVB in the amount of $207,082 to perform the scope of work was approved by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
MONTHLY REPORTS - NOVEMBER 1994
By motion of Mr. Hare, seconded by Mr. Weyandt, the following reports for the month of November were unanimously accepted:
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager 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
After discussing the Chief of Police Report and the Building Inspector and Fire Marshal's Report, Mr. Leary moved for their acceptance, seconded by Mr. Lambert and unanimously carried.
Mr. Leary moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:10 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 9, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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