COUNCIL COMMITTEES
The Council Committees Meeting was held on December 12, 1994 at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters, Mr. Hare and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert moved to accept the agenda as presented, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Weyandt. Mr. William Schaeffer was absent.
PROPOSED SUNSET COMMITTEE - REVIEW OF CITY ORDINANCES (MR. TUDOR)
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. Mr. Tudor also noted that the City is currently involved in a law suit that he felt could have been avoided if the City's ordinances were reviewed. He suggested that review of the ordinances be done in conjunction with the Comprehensive Map. If an area in the City is found to have traffic problems, congestion, too much growth, not enough growth, or any other type of zoning concern, they could be addressed by eliminating or amending a certain zoning designation. This would allow Council to maintain control of the City.
Responding to Mr. Leary, Mr. Tudor explained that the committee would be charged with reviewing the City Code, zoning issues, Comprehensive Plan, etc. Concurring, Mr. Weyandt felt that the committee's charge should include the comparison of the City zoning map and ordinances.
Mr. DePrima advised members that his department is in the process of beginning the Comprehensive Plan Update. In accordance with the update, a new zoning map will be developed and the necessary amendments made. Although he felt that the City already has a process of reviewing the Zoning Code, Mr. DePrima suggested that members of the Planning Commission serve on the proposed committee if it is charged with reviewing the Zoning Code. He reminded members that any proposed zoning amendments must be reviewed by the Planning Commission and a recommendation presented to City Council. Mr. DePrima stated that it is estimated that the Comprehensive Plan will be complete within two (2) years. He assured members that an update will be provided in the Department of Planning and Inspection's monthly report.
Mr. Leary moved to recommend 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. The motion was seconded by Mr. Salters and unanimously carried.
Declaration of Drug Houses as Public Nuisances - Proposed Legislation
The City Planner provided members with information regarding a Wisconsin Law that allows cities to treat Drug Houses as public nuisances. Mr. DePrima explained that 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. Upon his review, Mr. Rodriguez indicated that a similar law could be adopted by the State of Delaware or City of Dover.
Chief Smith 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. Responding to Mr. Salters, Chief Smith stated that the City Police Department has the authority to act on forfeitures and seizures within the State and Federal Laws.
Mr. Leary questioned if the law would need to be changed at the Federal or State level. Chief Smith stated that he is aware of a State that is in the process of adopting legislation that would allow information to be disseminated regarding criminal offenders; therefore, he felt that the City should contact State legislators to have the law changed in Delaware.
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.
Responding, 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.
Mr. Leary moved to recommend 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. The motion was seconded by Mr. Weyandt and unanimously carried.
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.
Mr. Weyandt moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 6:56 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hare and Tudor and Mr. Carey.
Water/Wastewater Rates
Mr. O'Connor advised members that 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. Mr. O'Connor stated that 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.
Mr. Tudor moved to recommend 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. The motion was seconded by Mr. Carey 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.
Mr. O'Connor reminded members that the CT 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. Staff recommended that a purchase order be issued to KVB in the amount of $207,082 to perform the scope of work.
Mr. Hare moved to recommend approval of staff's recommendation, seconded by Mr. Tudor and unanimously carried.
Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:17 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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