REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 25, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters and Mr. Hare. Mr. Leary was absent.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, W. DePrima, Chief Osika, Mrs. Green 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Pastor James Kiger, followed by the Pledge of Allegiance,
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of item #2C, to consider a Request for Senior Citizen Tax Discount - Retha Walker (Legislative and Finance Committee Finance Committee Report).
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 11, 1994
The Minutes of the Regular Council Meeting of July 11, 1994 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Pitts and bore the written approval of Mayor Hutchison.
PRESENTATIONS
J. Spicer Leaming - Dover Parking Authority
In appreciation of the time contributed to the City of Dover Parking Authority, Mr. J. Spicer Leaming was presented with a City of Dover Plaque. The Plaque, presented by Mr. William Witham, Chairman of the Dover Parking Authority, Mayor Hutchison and Council President Christiansen, expressed appreciation for Mr. Leaming's eight years of service to the City of Dover.
Gerald Foss - Dover Election Board
Mr. Gerald Foss, a member of the Dover Election Board for three years, was presented with a City of Dover plaque in recognition of his contribution to the Board. The plaque was presented by Councilman Lambert, Mr. Will Garfinkel, Vice-Chairman of the Election Board, Mayor Hutchison and Council President Christiansen. A letter from William H. Willis, Chairman of the Election Board, was presented to Mr. Foss. Mr. Willis expressed special appreciation to Mr. Foss for the contribution he made in assisting the City Clerk's Office and the Election Board with the recent redistricting of City Council districts. Mr. Foss contributed not only his personal time, but also his computer expertise and equipment.
Council President Christiansen declared a recess at 7:38 p.m., for a Special Legislative and Finance Committee Finance Committee Meeting. The Regular Council Meeting reconvened at 7:49 p.m.
LEGISLATIVE AND FINANCE COMMITTEE FINANCE COMMITTEE REPORT
A Special Legislative and Finance Committee Finance Committee meeting was held on July 25, 1994, with Chairman Salters presiding.
Request for Senior Citizen Tax Discount - Retha Walker
A letter was received from Ms. Retha Walker, 7 South New Street, requesting permission to apply for the senior citizen tax discount. City Assessor Lucas explained that the Senior Citizen Property Tax Exemption policy requires senior citizens to complete a form each year to determine if they qualify for the exemption. In order to receive the discount, the form must be submitted to the Assessor's Office prior to the day of property tax billings. Mr. Lucas advised members that Ms. Walker has completed, qualified for, and received a senior citizen tax discount since 1989; however, the Assessor's Office did not receive a senior citizen tax discount form for Ms. Walker prior to the 1994 billings. When Ms. Walker received her property tax bill without the discount, she came to the Assessor's Office inquiring about the bill. Since the senior citizen tax discount form was not received in accordance with City policy, Mr. Lucas felt that he did not have the authority to make an exception and suggested that she request City Council to authorize an exemption.
After some discussion, the committee recommended that the City Assessor be authorized to accept the senior citizen tax discount form from Ms. Retha Walker of 7 South New Street and if she qualifies, apply the discount retroactive for the current year's property tax bill.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Leary absent).
UTILITY COMMITTEE REPORT
The Utility Committee met on July 12, 1994 with Chairman Lambert presiding.
Water Treatment Plant Agreement
Members considered an Agreement with American Commonwealth Management Services Company, Inc. to provide certain professional services related to the Water Treatment Plant Start-Up Operations. The Agreement covers recruiting and training of City personnel as well as setting up the plant operations. The water treatment plant will be opening within the next 30 days. Since ozone treatment is new to our water system and the City has not had a treatment plant in the past, Mr. O'Connor explained that this type of contract is important. The Agreement will enable the City to put the plant on line with minimal inconvenience to our customers and at the same time provide us with additional capacity.
Mr. O'Connor advised members that the plant will ultimately be operated solely by City personnel. In accordance with the Agreement, American Commonwealth Management Services Company will assist the City in managing the operation and maintenance of the water plant and related facilities during plant start-up operation which is estimated to extend for one year, from August 1, 1994 through July 31, 1995. The cost to the City for their services will be $9,500 per month. The City currently does not have trained personnel to run a water plant. Apparently, when the water plant was built, although the City would own the plant, the operation of the plant was to be contracted out. Mr. O'Connor felt that it would be more economical and feasible for the City to own and operate the water plant rather than having the operation of the plant being conducted by another company. He stated that the water plant must be operated within certain State and Federal Regulations which the City has no knowledge of at this time. American Commonwealth Management Services Company will train City personnel to ensure their knowledge and understanding of these regulations. The City will ultimately staff water plant operators and trained technicians.
The committee recommended approval of the Water Treatment Plant Agreement with American Commonwealth Management Services Co., Inc., stipulating that Section X be amended by replacing "Commonwealth of Pennsylvania" with "State of Delaware"
Mr. Lambert moved for approval of the committee's recommendation to approve the Water Treatment Plant Agreement with American Commonwealth Management Services Co., Inc. (as on file with the Office of the City Clerk). The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Leary absent).
Professional Services Contract - Electric Power Supply
The City has received several offers and options concerning the sale of the City's power plant. Mr. O'Connor presented members with a proposed agreement with Dickinson, Wright, Moon, VanDusen & Freeman to provide professional services in reviewing and negotiating the power supply options to serve the residents and customers of the City of Dover. Mr. Kirk Betts, of Dickinson, Wright, Moon, VanDusen & Freeman, has had extensive discussions with staff as well as the Chairman of the Utility Committee relative to the City's situation. This firm has had contracts with other municipal utilities with generation and capacity and they were highly recommended by these municipalities. Mr. O'Connor noted that Mr. Betts personally handled the negotiations and has recently been retained by the DEMEC group in their efforts to seek alternative power supply proposals.
Mr. O'Connor stated that the costs and expedition of finalizing this matter will be determined by the power supply option City Council elects. Mr. Betts has been analyzing the proposals to assure that they are viable and will be making a presentation and recommendation to Council during the Quarterly Open Town Meeting of August 1, 1994.
The committee recommended approval of the Professional Services Contract for Electric, Power Supply with Dickinson, Wright, Moon, VanDusen & Freeman.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mr. Leary absent).
Bid - U.S.Sanitary Sewer Main Extension
In conjunction with the City's 1993/94 Capital Improvements Plan, it was proposed to construct approximately 1,400 L.F. of eight (8) inch gravity sewer main from Miller Road in a southerly direction to the properties north of Bay Court Plaza. A portion of this project will be assessed to properties which are currently on septic systems. Funding was obtained for this project in the 1993 Water/Wastewater Revenue Bond Issue. Staff recommended awarding the contract to the low bidder, Marvel Contracting Co., Inc., in the amount of $82,169.41.
In response to Mr. Tudor, Mr. O'Connor stated that there are only two properties that the sewer main extension would service. Neither one of the properties are currently having a problem with their private septic systems. He also stated that sewer is already available to all other surrounding properties. Mr. Tudor relayed concern with expending $82,169.41 to provide sewer to properties that are not in need of the service. He suggested that the costs for this project be utilized for an area that has more need for City sewer.
Mr. O'Connor reminded members that the City instituted a program designed to eliminate private septic tanks in the City of Dover. The plan includes a map depicting the areas where it is necessary to extend the City's sewer system; this particular area meets that criteria. The program instituted to extend the City's sewer system was based on potential environmental problems that could occur with private septic systems, not upon the number of customers. Since several of these types of projects have been accomplished, the City is now attacking remote sites and, therefore, will bear the majority of the costs involved.
The committee tabled action on the U.S. Route #1 13 Sanitary Sewer Main Extension to allow staff the opportunity to review proposed sewer line extensions to determine their priority, to be presented back to the committee for their review and recommendation.
Council took no further action on the matter.
Quarterly Fuel Adjustment
The City reviews its fuel adjustment projections at least quarterly and modifies its fuel adjustment in December on a levelized basis for the next calendar year. The current fuel adjustment is set at -$0.01000 per KWH. The 1994 fuel adjustment was set at -$0.00255 and revised to -$0.01000 May 1, 1994 in order to refund a surplus in the fuel adjustment fund.
The current cost for low sulfur oil is $18.53 per barrel ($0.44/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 $16.03 at the end of March, and back to the current price of $18.53. Market conditions indicate uncertainty at least through the summer. The fuel fund has a balance at the end of May 1994 of $5,257,392.96.
The committee recommended no change in the fuel adjustment rate at this time.
Mr. Weyandt suggested that members consider increasing the Fuel Fund Reserve Account from maintaining a $1M balance to $2M. It was noted that this matter will be discussed by the Utility Committee during their meeting of July 26, 1994.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Flare and carried by a unanimous roll call vote (Mr. Leary absent).
Sunroc Corporation - Street Abandonment - Galaxy Drive and Starlifter Avenue
During their Regular Meeting of April 11, 1994, City Council adopted a resolution abandoning portions of Galaxy Drive and Starlifter Avenue, located in Kent County AeroPark. City Solicitor Rodriguez recently received correspondence from the Sunroc Corporation's attorney indicating a need to amend the recent resolution. The original resolution included standard language retaining utility easements in the right-of-way. The Sunroc Corporation requires that these easements also be abandoned. Staff assured members that there is no foreseen need for the utility easements and recommended that they also be abandoned. It was also discovered that the legal description in the original resolution did not accurately reflect the streets to be abandoned although City Council was presented with a map depicting the correct street abandonments. There are no actual changes in the portions of the streets to be abandoned.
The committee recommended that a resolution be adopted abandoning portions of Galaxy Drive and Starlifter Avenue to include a revised description of the abandonment as indicated on the map and the elimination of the language that the City retain utility easements.
Mr. Lambert moved for approval of the committee's recommendation. The motion was seconded by Mr. Mr. Hare and by a unanimous roll call vote (Mr. Leary absent), Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING CERTAIN STREETS SITUATED IN THE CITY OF DOVER:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following streets:
ALL that certain tract, piece, or parcel of land, Galaxy Drive and a portion of' Starlifter Avenue, situated in the City of Dover, Kent County, State of Delaware, Galaxy Drive lying on the northerly side of Horsepond Road and the westerly side of Starlifter Avenue, perpendicular to Starlifter Avenue being 60 feet wide and approximately 1,430 feet in length, comprising 85,824 square feet, more or less; a portion of Starlifter Avenue, lying on the northerly side of Horsepond Road and the easterly side of Galaxy Drive being 60 feet wide and approximately 830 feet in length, comprising 49,800 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid streets, no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid streets.
ADOPTED: July 25, 1994
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JUNE
By motion of Mr. Weyandt, seconded by Mr. Hare, the following reports for the month of June were unanimously approved:
Chief of Police Report
Building Inspector and Fire Marshal Report
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
Mr. Hare moved for adjournment, seconded by Mr. Salters, and unanimously carried.
Meeting Adjourned at 8:07 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 25, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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