REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 24, 1994 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. Pepper.
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.
There was no one present wishing to speak during the Open Forum. Mr. Weyandt relayed to members of Council and the general public that former Councilman Pat Lynn is in the hospital and has been diagnosed with cancer. It is hoped that he will be home very soon.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested that agenda item #6, First Reading - Section 11-8 - License Application, be deleted from the agenda to allow time for further revisions.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 10, 1994
The Minutes of the Regular Council Meeting of October 10, 1994 were unanimously approved by motion of Mr. Lambert, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PARKS AND RECREATION COMMITTEE RECREATION COMMITTEE REPORT
The Parks and Recreation Committee Recreation Committee met on October 11, 1994 with Chairman Pitts presiding.
Presentation - Schutte Park Phase I
Staff presented members with a diagram depicting the development plans of Phase I of the Schutte Park. The plans were developed from the Schutte Park Master Plan approved by City Council. Phase I will include grading, seeding, and stormwater management for the entire site and the development of soccer and softball fields.
The development of Phase I will be funded by a $300,000 grant from the Delaware Land and Water Conservation Trust Fund, and matching funds from the Parkland Reserve Fund. It was also noted that staff anticipates providing in-kind services to avoid expending funds from the Parkland Reserve Fund. The grading and seeding of the area is planned for the fall of 1994; however, the necessary storm water permits must been obtained first. The fields cannot be utilized for approximately 12 to 18 months after the area has been graded and seeded. Staff recommended approval of the development plans of Phase I of the Schutte Park as presented.
In order to assure that the ground for the parking lot will get a good base prior to placing a permanent blacktop foundation, the committee suggested that staff attempt to obtain milled material for use as the base for the parking lot. Mr. O'Connor stated that in the bid specifications for resurfacing of City streets, staff could require that the milled material be delivered to Schutte Park for this purpose.
The committee recommended approval of the development plans of Phase I of the Schutte Park as recommended by staff. Mr. Pitts requested that Mr. O'Connor provided updated information to Council. Noting that questions have been received from the public relative to the project and its funding.
Mr. O'Connor reminded the public that the proposal is actually a part of the master plan that was approved two years ago. Also, the grant money was received by the City approximately two years ago and has been held in reserve for the project. The project will include development of the ball fields and grading and seeding. There is no major construction planned nor any money borrowed. The grant monies and Parkland Reserve Funds, which are monies already set aside, will be used as well as the use of in-kind services. In-kind services could include use of City employees and/or equipment. This type of service could also provide on-the-job training for City employees that could be used for City purposes in the future.
Mr. Weyandt asked if our in-kind services are considered towards the requirement for matching funds. Mr. O'Connor stated that staff feels that they will be, but that this will be confirmed as soon as possible.
Mr. Tudor stated that he received citizen complaints on this issue and asked if the City envisions the use of City funds if structures are built at the site. Mr. O'Connor stated that if the City should desire, in the future, to erect structures at this site, the City would be required to provide the funding for the construction. However, no such construction is envisioned at this time.
Referring to the defeat during a recent referendum of a plan to accelerate the development of Schutte Park, Mr. Christiansen stated development plans for Schutte Park were extended considerably and that the development is now taking place contingent upon available grants and Parkland Reserve Funds.
Mr. Pitts moved for approval of the committee's recommendation to approve development plans of Phase I of Schutte Park. The motion was seconded by Mr. Salters and unanimously carried.
Closings - Silver Lake
By request of Mr. Leary, staff presented members with a list indicating the date and hours, from June 28, 1994 through August 25, 1994, that the Silver Lake Swimming area was closed. The closings were necessary due to excessive rainfall or high bacteria count. Noting that the lake was closed 26% of the scheduled days to be open, Mr. Leary requested that the committee authorize the Council President to establish a committee consisting of interested citizens to review recreational swimming and formulate possible alternatives for the City of Dover, to be reported to Council.
Mr. Weyandt reminded members that in 1988, the City received the Phase I Diagnostic-Feasibility Study of Silver Lake which was conducted by F.X. Browne Associates. He suggested that the findings of this report be provided to the new committee for their review. Mr. Don Knox, Community Services Director and a member of the Silver Lake Commission, stated that under the EPA 314 Clean Lakes Program, agricultural best management practices were implemented; however, nutrient, sediment and bacterial loads to Silver Lake is overwhelming. He advised members that the study indicated that the majority of the pollution found in Silver Lake was from farm areas outside of the City limits, of which the City has no control over. Although efforts have been made to reduce the bacteria and nutrients going into Silver Lake, it is a slow process. Mr. Knox stated that even if all clean up efforts were implemented, studies have indicated that they may never correct the problems or situation at Silver Lake.
Mr. Ornauer advised members that there are ten (10) municipal swimming facilities located in New Castle County as well as a multi-million dollar aquatic center currently being constructed. Noting that the municipal swimming facilities and aquatic center was made possible by grant monies, he suggested that the new committee investigate the possibility of obtaining grant monies for the City of Dover.
Mr. Leary suggested that the proposal include the appointment of the Chairman of the Silver Lake Commission or his designee to serve on the new committee. He felt that a representative of the Silver Lake Commission could provide the members of the new committee relevant information regarding the problems at Silver Lake. It was also suggested that the new committee consist of representatives from the City, County, State, Capital School District and Caesar Rodney School District.
Considering Dover's close proximity to water, including the lake, bay and ocean, Mrs. Maxted felt that swimming is a life safety and skills issue and that the new committee should consider providing the citizens of Dover the opportunity to learn to swim.
The committee recommended that the Council President be authorized to establish a committee consisting of interested citizens, and representatives from the City, Silver Lake Commission, County, State, Capital School District and Caesar Rodney School District to review recreational swimming and formulate possible alternatives for the City of Dover to be reported to the committee for recommendation to Council.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Leary.
Mr. Weyandt requested that the City Clerk make available to all members of Council copies of the Diagnostic Feasibility Study of Silver Lake by F.X. Browne.
Council President Christiansen assured the public that approval of the committee's recommendation is in no way approval of the construction of a swimming pool. Also, exploration of recreational swimming alternatives will in no way diminish efforts to clean up Silver Lake. Mr. Christiansen requested that the subcommittee be appointed by the Mayor and Council President; that their scope of work include consideration of continued improvements to Silver Lake; that their scope of work also include consideration of the option of the City building a pool, of the City building a pool jointly with other governmental entities (the school districts, Kent County and State of Delaware); and to explore joint use agreements with other public pools within the area (such as DAFB, Wesley College, YMCA, and Delaware State University); and to explore any other alternatives if none of the above are acceptable to the public. Mr. Christiansen requested that members of Council make suggestions to him or to the Mayor for persons that would objectively serve on the committee.
Mr. Tudor voiced concern that discussions will center around the construction of a pool rather than on continued efforts to clean up Silver Lake. He felt that the City has an obligation to attempt to clean up this wonderful natural body of water in our City and he did not want to diminish those efforts in any way. He also voiced concern with the potential liability associated with a public pool.
Mr. Leary reminded Council that the motion approves only the discussion of alternatives for recreational swimming in Dover. It does not focus specifically on construction of a swimming pool and hopefully will permit the gathering of diverse ideas on recreational swimming alternatives in the Dover area.
After much discussion, the following motion was unanimously approved: That the Council President and Mayor be authorized to establish a committee consisting of interested citizens, and representatives from the City, Silver Lake Commission, County, State, Capital School District and Caesar Rodney School District to review recreational swimming and formulate possible alternatives for the City of Dover to be reported to the committee for recommendation to Council. The motion includes that the scope of work of this committee include consideration of continued improvements to Silver Lake; consideration of the option of the City building a pool, of the City building a pool jointly with other governmental entities (the school districts, Kent County and State of Delaware); exploration of joint use agreements with other public pools within the area (such as DAFB, Wesley College, YMCA, and Delaware State University); and to explore any other alternatives if none of the above are acceptable to the public. It was noted that all members of the committee must be City of Dover residents. Mr. Christiansen reminded everyone that the committee will present their report to the Parks and Recreation Committee and the final decision will be made by City Council in coordination with the wishes of their constituents.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Weyandt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 11, 1994 with Chairman Lambert presiding.
Middle West Service Company Report
The committee reviewed the Annual Engineering Consultant's Report for the Electric System of the City and related budgets for 1994/95 as submitted by the Middle West Service Company. This report is required under the Bond Resolutions adopted by the City in 1990, 1985, 1965 and 1960.
The report paraphrases the details of the electric system, insurance program and revenue tests related to the rates. The report indicates that “the electric properties of the City are generally in average to good condition, well maintained and operated efficiently”. The condition reflects the age of the generating units, while the comment on maintenance and operation reflects the pro-active management and the need to maintain an effective maintenance program. The report also indicates that the appropriation for operations and maintenance and for the capital items are considered appropriate.
Although the report indicates that the City should consider re-establishing the position of Electric Director, at this time, Mr. O'Connor relayed that he does not feel that the recommendation should be pursued. He advised members that the operation of the Electric Department and alternatives are currently being reviewed and that once it has been determined how the Electric Department should be operated, he will present a recommendation for approval.
Considering the ongoing review of the possible sale of the Power Plant, Mr. Weyandt felt it important that the public be made aware of specific comments made in the report. He specifically referred to the following: "It is absolutely imperative that the City closely scrutinize these proposals considering the long range impact on both the rate payers, current staff, and the community. Any decisions to sell the system or relinquish control of the system are usually irreversible." Mr. Weyandt referred to the statement, "Transfers to the Improvement and Extension Fund totalling $5,292,929 are recommended for fiscal year 1994-95 from the Electric Revenue Fund. This amount, along with the estimated beginning balance of $963,406 and $22,000 interest earnings is adequate to provide for the estimated capital expenditures of $6,278,335 necessary for fiscal year 1994-95." Mr. Weyandt stated his feeling that the required funds for necessary maintenance at the Plant has been exaggerated during recent discussions on the possible sale of the Plant and feels that the projections of Middle West are much more accurate.
The committee recommended acceptance of the Annual Engineering Consultant's Report for 1994/95 as presented by the Middle West Service Company.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
McKee Run Units #1 and #2 NOx Reduction
Delaware's regulation implementing the 1990 Clean Air Act Amendments require NOx emissions reductions from the McKee Run Generating Units. Staff submitted a NOx reduction plan to DNREC for McKee Run Unit #1 and #2, which optimized capital costs and increased operating costs with NOx reductions by proposing to modify the existing burners to a low-NOx configuration. The plan was accepted by DNREC pending attainment of the proposed NOx reductions.
The NOx reduction plan for Units #1 and #2 included burner air distribution balancing and testing, engineering and procurement of flame stabilizers, engineering and procurement of burner fuel oil atomizers, engineering and procurement of gas spuds, and start-up/optimization testing. The NOx RACT for Units #1 and #2 effectively convert the existing 1961-vintage burners to low-NOx burners. Conversion of the existing burners can be performed for costs estimated to be an order of magnitude lower than the cost of retrofit with new low-NOx burners. Conversion of the existing burners is a more cost effective means of NOx reduction for units of this size (18MW), age (30+ years) and an annual capacity factor (6%).
There is only one known vendor that performs the work necessary to convert early vintage burners to low-NOx technology. The vendor is RJM Corporation of Ridgefield, Connecticut. RJM has demonstrated experience in similar burner conversion on oil-fueled, wall-fired boilers (the configuration of Units #1 and #2). By the request of staff, RJM submitted a proposal on the scope of work, as prepared by plant staff, at a cost of $204,500. Staff recommended acceptance of RJM's proposal of patented technology for NOx reduction on Units #1 and #2, and that a purchase order be issued in the amount of $204,500.
The committee recommended acceptance of staff's recommendation.
Mr. Lambert moved that a purchase order be issued in the amount of $204,500 to RJM for the project. The motion was seconded by Mr. Salters and carried by a unanimously carried.
Easement Agreement - Conrail
In order to provide electric service to the new Playtex plant, two railroad crossings are required at Walker Road. Conrail requires that a Resolution be adopted approving railroad crossings and the authorization for the Mayor to execute an Easement Agreement, as prepared by Conrail. Staff provided members with a Resolution and Easement Agreement for the first crossing. It was noted that the City has been unable to negotiate "blanket" easements for these types of occurrences since it is Conrail's policy to base each easement on the facilities to be installed.
The City will pay Conrail $3,010 as reimbursement for the rights granted in the Agreement. The City Solicitor and staff have reviewed the Easement Agreement and Resolution and recommended approval.
The committee recommend approval of the Resolution and the Easement Agreement.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary. By a unanimous roll call, the motion was approved and the following Resolution adopted:
WHEREAS, Consolidated Rail Corporation has requested a Resolution from the Mayor and Council of the City of Dover concerning the construction of a 22,000 volt circuit over and across the land, railway and tracks of the Delmarva Secondary Track of Railroad (Line Code 1223), at Valuation Station 2354+97+/-, located 1485 feet north of Mile Post 47 (M.P. 46.72) in the City of Dover, County of Kent, and State of Delaware; and
WHEREAS, an Agreement between the Consolidated Rail Corporation and the City of Dover has been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council hereby authorize an Agreement to be entered into with the Consolidated Rail Corporation for the construction of said circuit across the property of Consolidated Rail Corporation.
2. That the Mayor and Council authorize the Mayor of the City of Dover to execute the aforesaid Agreement.
ADOPTED: October 24, 1994
September Quarterly Fuel Adjustment Review
The City reviews the Fuel Adjustment Projections at least quarterly and modifies its Fuel Adjustment in December on a levelized basis for the next calendar year. The 1994 fuel adjustment was set at -$0.00255 and revised to the current fuel adjustment -$0.01000 per KWH in May in order to refund a surplus in the fuel adjustment fund.
The current cost for low sulfur oil is $16.28 per barrel ($0.39/gallon). The average price projected for 1994 was $15.73 per barrel ($0.38/gallon). The price of oil has gone from a low of $14.82 per barrel in December 1993 to a high of $20.78 in February, down to the current price of $16.28 on the September 17, 1994. By the end of September 1994, the fuel fund had a balance of $4,751,953.46.
The committee recommended no changes in the fuel adjustment rate.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
MONTHLY REPORTS - SEPTEMBER
By motion of Mr. Weyandt, seconded by Mr. Salters, Council unanimously accepted the following reports for the month of September:
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Referring to the Building Inspector and Fire Marshal Report, Mr. Lambert asked if Council should take action on the Planner's suggestion that a second letter be written to the County relative to the proposed annexation policy. (It was noted that the County has not responded to a letter, sent over six months ago, which outlined the City's proposal and request for the County's input and cooperation.) Mr. Christiansen noted that during its last meeting, Council directed that the matter be discussed during the next City/County meeting. Mayor Hutchison and Council President Christiansen are in the process of sending a letter to the County outlining discussions on this matter and requesting that they work through the City/County Committee on the matter. Mr. Salters questioned the need for a letter since it was recently discussed at the City/County meeting. Mr. Christiansen stated that the letter will outline, in writing, what has already been agreed upon. He felt it imperative that matters of this nature be documented in writing to ensure the status of pending issues.
Referring to the City Manager's Report, under Human Resources - New Hires, Mr. Weyandt asked if these are additions to the payroll or if they are replacements. Mr. O'Connor stated that they are all new additions, with two having been planned and budgeted. The Mechanic I positions were necessary since the City Council agreed to not contract out the new Water Treatment facility. The Fire Dispatcher is only a temporary position.
By motion of Mr. Weyandt, seconded by Mr. Lambert, Council unanimously approved the Building Inspector and Fire Marshal Report and the City Manager Report.
SEMI- ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with City Code, Section 7-18, the City Manager performed the semi-annual inspection of the Robbins Hose Company. Mr. O'Connor reported that four new recruits are being recruited for station #2 and that due to an increase in paperwork, a Secretary III has been temporarily assigned at the fire station headquarters to help catch up on work such as reports, policy implementation, etc.
He reported that the fire equipment appears to be in good condition, but that repairs to the fire siren controls are needed. Nominations for elections for fire company officers will be held in November.
Mr. Weyandt moved for approval of the report as submitted, seconded by Mr. Hare and unanimously carried.
Mr. Hare moved for adjournment, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 8:30 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 24, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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