COUNCIL COMMITTEES
The Council Committees Meeting was held on July 13, 1993, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Hutchison, Mr. Lambert, Mr. Leary, Mrs. Malone, Mr. Salters and Mr. Tudor. Mr. Hare and Mr. Pitts were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of an executive session at the conclusion of the Council Committees Meeting to discuss personnel and legal matters. Mrs. Malone requested the addition of item #4 to the Legislative and Finance Committee agenda to discuss voting procedures at Council meetings. Mr. Lambert requested the addition of item #1A to the Utility Committee agenda to consider a request to waive street radius requirements for Greenway Lane Townhouses.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary and Mr. Hindman. Councilman Lambert was deputized to serve in the absence of Councilman Hare.
VOTING PROCEDURES - COUNCIL MEETINGS
During their meeting of May 24, 1993, members of Council authorized staff to investigate the concept of utilizing an electronic voting system, and that in the meantime, roll call votes during Council Meetings be alternated.
Since the use of alternating roll call votes during recent Council meetings, Mrs. Malone felt that it is cumbersome for the City Clerk and suggested that Council return to the original voting procedures.
Mr. Salters suggested that this matter be placed on the next committee meeting agenda to allow members of Council the opportunity to consider the matter further. Concurring, Mr. Leary also suggested that members obtain the City Clerk's input on this matter.
Mr. Tudor advised members that he has been working with the City Clerk in obtaining additional information regarding the use of electronic voting systems. He suggested that members defer action until staff is prepared to submit a recommendation regarding the use of electronic voting systems.
Members deferred action for additional information and presentation of bids on electronic voting systems.
PROPOSED ORDINANCE - MUSIC & NOISE EMANATING FROM VEHICLES
On behalf of Mr. Pitts, Council President Christiansen requested that members consider adoption of an ordinance similar to the one recently adopted by the Town of Milford, which addresses the problems associated with loud music. Mr. Pitts felt that the City's current ordinance needs to be stronger and should be amended to empower citizens and the police to eliminate the problem of noise.
Chief Smith advised members that Section 14-8 of the Dover Code is stronger than the ordinance recently adopted by the Town of Milford. He noted that the City's ordinance refers to "between the hours of 11:00 p.m. and 7:00 a.m.", which has caused confusion. Chief Smith advised members that the noise ordinance is in effect at all times. It was his feeling that a ten dollar ($10) fine does not deter anyone from violating the law and suggested that members consider increasing the fines. He felt that the City currently has the tools to make an arrest; however, the penalties are not strong enough.
Mr. Hindman explained that the language "between the hours of 11:00 p.m. and 7:00 a.m." is used to establish a prima facia case and assured members that the ordinance is in effect at all times. He also felt that $10 is not a large enough fine to deter violators and urged members to consider increasing the fines for violation of the noise ordinance.
Mr. Charles Cooper of 627 W. Division Street requested that the City take the necessary action to curtail the noise that is being generated in West Dover. In response to Mr. Tudor, Mr. Cooper stated that the police have responded every time that he has had to call them; however, he felt that the police took no further action against the violator once they arrived at the scene other than direct the violator to turn the volume down.
Mr. Leary moved to recommend that the matter be referred to the Chief of Police and City Solicitor for possible ordinance amendments in increasing fines, seconded by Mr. Lambert and unanimously carried.
MORATORIUM - WHITE OAK ROAD
As directed by members during their meeting of June 15, 1993, staff submitted a Resolution that would institute a selective moratorium for new development on White Oak Road, for the committee's review. Mr. Tony DePrima, City Planner, explained that the proposed moratorium would allow limited development by allowing projects that would generate less than 110 average daily trips per day (ADT). He explained that 110 ADT would allow 11 dwellings or a 1600 square foot retail addition.
Mr. Lambert moved to recommend approval of the Resolution to institute a selective moratorium for new development on White Oak Road (Attachment #1), seconded by Mr. Leary and unanimously carried.
HANDICAP ACCESSIBILITY - COUNCIL CHAMBERS
Council President Christiansen requested that staff review the accommodations of the Council Chambers for handicapped individuals and compliance with American Disabilities Act (ADA). He suggested that staff include all costs that would be involved in complying with the ADA for a report back to the committee.
Ms. Ann Gniesco, 265 Mifflin Road, noted that people tend to associate handicapped individuals with wheelchairs. She reminded members that there are also the visually impaired and that wheelchair ramps can be dangerous to the visually impaired. Ms. Gniesco requested that members keep this in mind when considering the installation of ramps.
Mrs. Rexene Ornauer, 17 Mifflin Road, also reminded members of the hearing impaired and requested that members consider upgrading the present sound system utilized in the Council Chambers.
No further action was taken at this time.
Mr. Leary moved for adjournment, seconded by Mr. Hindman and unanimously carried.
Meeting Adjourned at 7:45 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Councilman Tudor presiding in the absence of Chairman Pitts. Members present were Councilwoman Malone, Mr. Caballero and Ms. Maxted.
GREENWAY LANE TOWNHOUSES - PARKLAND DONATION
In accordance with Article VI, Section F-2 of the Subdivision Regulations, members considered accepting a donation of .61+/- acres of land as public parkland for Greenway Lane Townhouses, as recommended by the Planning Commission. Mr. DePrima advised members that the property consists of 6.1+/- acres of land and that they are proposing 65 single family attached homes.
Mrs. Malone moved to recommend that Council accept from the Greenway Lane Townhouses Development, .61+/- acres to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. The motion was seconded by Mr. Caballero and unanimously carried.
Mrs. Malone moved for adjournment, seconded by Mr. Caballero and unanimously carried.
Meeting Adjourned at 7:55 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Councilwoman Malone presiding in the absence of Chairman Hare. Mr. Coleman was present and Councilman Hutchison was deputized in the absence of Councilman Pitts.
PROPOSAL TO PROHIBIT TRUCK TRAFFIC ON WEST WALKER ROAD
Members considered a letter from Mr. William Garfinkel, 9 Freedom Drive, requesting that the City restrict truck traffic over 5,000 pounds on West Walker Road; appropriately post said restriction; and ensure strict enforcement of the restrictions by the Dover Police Department. He indicated that large trucks pose a clear and present danger to the life and safety of those that live near and use West Walker Road. Mr. Garfinkel advised members that he has witnessed two very serious accidents at the entrance of Bicentennial Village. Due to the size of the road, he stated that large trucks must straddle the center of the road in order to avoid hitting children and other residents that are walking on the side of the road, leaving no room for on-coming vehicles.
Since West Walker Road is State maintained, Chief Smith stated that this request has been referred to DelDOT for their review and recommendation. He advised members that the Police Department also has recommendations concerning traffic and safety on West Walker Road. Chief Smith recommended that action be deferred to allow the Police Department to meet with DelDOT for a report back to the committee.
Mr. Richard Ornauer, 17 Mifflin Road, reminded members that truck traffic has been restricted on Mifflin Road and that although the restriction is posted, it has not inhibited operators of those vehicles from using the road. Without the police patrolling the area at all times, placing such a restriction is insignificant and he urged members not to establish unenforceable rules.
Responding to Mr. Tudor, Mr. Hutchison stated that the City now has a pro-active Police Department and that there is adequate manpower to address any concern or problem the City is experiencing.
Mr. Hutchison moved to recommend that the Chief of Police be authorized to meet with DelDOT to consider the safety and traffic concerns on West Walker Road and formulate a recommendation for the committee's review. The motion was seconded by Mrs. Malone and unanimously carried.
Mrs. Malone requested that Chief Smith keep Mr. Garfinkel abreast of this matter.
ANIMAL CONTROL AND GUIDELINES - ANN GNIESCO
Ms. Ann Gniesco, 265 Mifflin Road, submitted a letter requesting the opportunity to discuss the City's animal control laws. As an active member of various humane organizations for 25 years, she provided members with information regarding population, neglect and abuse of animals. Ms. Gniesco presented members with recommendations and offered to help staff formulate amendments to the Dover Code to address concerns of animal control and welfare (as on file in the Office of the City Clerk).
Mr. Tony DePrima, City Planner, advised members that he has met with Ms. Gniesco and agrees that there are weaknesses in the Dover Code with respect to animal control. However, it was his feeling that this matter should be addressed by the Police Department and that the regulations should be removed from the zoning text.
Mr. Hutchison moved to recommend that this matter be referred to the Police Chief for his review and recommendation for a report back to the committee. The motion was seconded by Mrs. Malone and unanimously carried.
Mr. Leary suggested that Chief Smith also contact the SPCA for assistance regarding this matter.
Mr. Hutchison moved for adjournment, seconded by Mr. Coleman and unanimously carried.
Meeting Adjourned at 8:35 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hutchison and Tudor and Mr. Carey.
ANNEXATION/REZONING REQUEST - S & R FARMS, INC. - PROPERTY LOCATED ON SOUTH LITTLE CREEK AND HORSEPOND ROADS
The committee considered a request for annexation and rezoning of property located on South Little Creek Road and Horsepond Road, consisting of 35.88+/- acres, owned by S & R Farms, Inc. This is a vacant parcel, which is currently zoned A/C (Agricultural/Conservation) in the County.
Mr. Tony DePrima, City Planner, advised members that Kent General Hospital has proposed to construct a Psychiatric Hospital on the property. The City's Comprehensive Plan for the area recommends Manufacturing and Industrial land uses. The principal reason for this designation is its close proximity to the Dover Air Force Base. Mr. DePrima stated that the Land Use Compatibility Matrix, included in the Comprehensive Plan, indicates that institutional uses such as the Psychiatric Hospital would be considered moderately compatible with Industrial Parks; however, moderate buffering would be required. The Planning Commission recommended annexation of the property with a zoning classification of I/O (Institutional/Office). The Planning Commission also recommended annexation of adjacent property owned by the City of Dover, which is utilized as an electric sub-station.
Mr. DePrima explained that the facility would bring an expanded community service to Dover as well as new employment opportunities. Being recognized for its growing medical community, the City derives a variety of economic benefits from the jobs and clients that come to Dover. It was felt that these benefits clearly outweigh the fact that the hospital has a tax exempt status. Although this particular site is somewhat remote, Mr. DePrima stated that the surrounding land uses and zoning would not be incompatible if properly buffered.
Responding to concerns of Mr. Tudor, Mr. DePrima assured members that a significant amount of buffering would be required as a part of the site plan approval to protect the hospital from the noise generated by the Dover Air Force Base.
Mr. Hutchison relayed his support of the proposed psychiatric hospital, feeling that the issue of drug abuse could be addressed and assistance offered in this area. Concurring, Mr. Salters stated that this type of facility is very much needed in Dover and will help us with our fight against drug abuse.
Mr. Leary noted that other jurisdictions have not had the opportunity to have such a facility in their community and relayed his support of the proposed annexation/rezoning of the property.
Council President Christiansen suggested that the tax exempt status be given only for that portion of the property where the facility will actually be located.
Mr. Hutchison moved to recommend approval of the annexation/rezoning request of property located on South Little Creek and Horsepond Roads, owned by S & R Farms, Inc., as recommended by the Planning Commission. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Carey moved to recommend administrative annexation of adjacent property, owned by the City of Dover, as recommended by the Planning Commission. The motion was seconded by Mr. Hutchison and unanimously carried.
REQUEST FOR WAIVER FROM SUBDIVISION REGULATIONS - GREENWAY LANE TOWNHOUSES
Members considered a request from Gilman Properties to waive the street radius requirements for the proposed Greenway Lane Townhouse project. The waiver would reduce the 150 foot right of way centerline radius on residential minor street curves, which is required under Article VI, Section A.10 of the Subdivision Regulations, to a 50 foot radius.
Mr. DePrima stated that the project proposes a 65 unit townhouse development, located on the east side of North Caroline Place, approximately 100 feet north of the intersection of Greenway Lane. He advised members that without a waiver, the development could proceed with two additional intersections, which would not be advisable. Mr. DePrima assured members that the 50 foot radius has been designed to accommodate the turning radius of fire trucks; therefore, it does not pose a hazard with respect to emergency access. The Planning Commission felt that the waiver would allow a superior development and recommended approval of the request. It was also recommended that parking should be prohibited on the curves.
Mr. Tudor moved to recommend approval of the request to waive the street radius requirements for the proposed Greenway Lane Townhouse project, as recommended by the Planning Commission. The motion was seconded by Mr. Hutchison and unanimously carried.
QUARTERLY FUEL ADJUSTMENT/ELECTRIC RATE REVIEW
During their meeting of June 29, 1993, the committee tabled review of the quarterly fuel adjustment to allow the Finance Director the opportunity to address the issue. Mr. Tudor moved to remove the item from the table, seconded by Mr. Hutchison and unanimously carried.
City Manager, Mr. O'Connor, reminded members that the fuel fund balance at the end of May was $2,901,771.77, and the City's policy requires a minimum balance of $1,000,000 in the fuel fund. It was also noted that the City has budgeted an increase in electric rates. Mr. O'Connor stated that the current fuel adjustment rate is $.01065 and suggested that the fuel adjustment be reduced by $.0091 to off-set the increase in electric rates. Staff recommended that the fuel adjustment be set at $.00155 to off-set the increase in electric rates, to be effective with August 1, 1993 billings.
Mr. Tudor moved to recommend approval of staff's recommendation, seconded by Mr. Hutchison and unanimously carried. (This action recommends that the fuel adjustment be set at $.00155 and adoption of the adjusted electric rates (Attachment #2), to be effective for all billings billed on or after August 1, 1993).
MUDSTONE BRANCH SEWER - FACILITIES PLAN
In order to qualify for the State Revolving Loan for the Mudstone Branch sewer project, a Facilities Plan for the project is required. The Facilities Plan is necessary to determine the best method of providing sewer facilities to the studied area. The program requires that a public hearing be held to receive comments on the Facilities Plan, and a Resolution adopting the Facilities Plan and approving the submittal to DNREC.
Mr. Dave Braun, Acting Public Works Director, advised members that the Facilities Plan includes work on other City projects which were also submitted and qualified for the loan program. These projects are generally small system extensions to areas which currently are not served with sewer and have been included in the CIP for several years. The project costs will be recovered through Special Assessments for these extensions. Staff provided members with minutes of the required public hearing on the Facilities Plan, which was held on June 22, 1993. Mr. Braun assured members that concerns regarding the projects included in the Facilities Plan would be addressed during the final design of the projects and the easement acquisition process. Staff recommended adoption of the Resolution approving the Facilities Plan.
Mr. Hutchison moved to recommend adoption of the proposed Resolution (Attachment #3), as recommended by staff. The motion was seconded by Mr. Carey and unanimously carried.
BID - ANNUAL BOILER REPAIR
Bids are solicited annually for on-demand repair of the boilers and a variety of heat exchangers at the McKee Run Generating Station. The following bids were received:
Potts Welding ASEA Brown Boveri (ABB)
Representative n/a $70.00 (105)
Boilermaker General Foreman n/a 40.86 (59.07)
Boilermaker Foreman $41.30 (62.25) 40.17 (58.05)
Boilermaker Ass't. Foreman n/a 39.48 (57.03)
Boilermaker 40.50 (60.75) 38.44 (55.50)
(Note: Figures in parenthesis are overtime rates).
Mr. Scrafford, Acting Electric Director, explained that, in addition to the hourly rates, it is necessary to examine other aspects of the proposals to properly compare costs: 1) travel to the McKee Run facility; and 2) size of work crew. Both organizations quote portal to portal travel billed at straight-time rates. Mr. Scrafford advised members that Potts Welding is based in Wilmington and that travel time would cost approximately two hours per man per work day. Since ABB is based out of Valley Forge, Pennsylvania, the travel time would cost approximately four hours per man per work day. Mr. Scrafford also stated that a typical repair crew from Potts Welding for minor repairs would consist of one foreman and two boilermakers and that a typical repair crew from ABB would consist of a representative, a foreman, and two boilermakers. Based on the lowest combined cost, staff recommended that Potts Welding be identified as the boiler repair contractor for the 1993/94 budget year.
Responding to Mr. Tudor, Mr. Scrafford stated that $1.7 million was paid for boiler repairs in fiscal year 1992/93. Mr. Tudor felt that the City could save money by staffing employees to perform the boiler repair service.
Mr. O'Connor advised members that a number of services that the City has contracted will be reviewed for the possibility of providing the service in-house.
Mr. Carey moved to recommend approval of staff's recommendation and authorize staff to perform an analysis of the possibility of providing boiler repair service in-house for a report back to the committee. The motion was seconded by Mr. Hutchison and unanimously carried.
BID - IN-HOUSE ELECTRICIAN
Various City departments budget for electrical repairs. The Electric Engineering Division solicited bids for a licensed city-wide electrician. Staff recommended that the contract be awarded to Bayside Electric at an hourly rate of $20.00 for fiscal year 1993/94, with two, one year options to extend over a three year period. The hourly rates and work performance would be negotiated on a yearly basis.
Mr. Scrafford advised members that the bid includes transportation, tools, insurance, bonding (when required) and all licenses required by the City and the State of Delaware. Staff investigated the possibility of hiring a City employed electrician. Using a salary rate of $14.80 per hour and applying 26.89% for overhead, the hourly rate would cost $18.78. There would be an additional $12.50 per hour for a work vehicle and a one-time cost of $3,000 for the required tools.
Mr. Tudor relayed concern with the options to extend the bid over a three year period. It was his feeling that this could prevent competitive bidding and other companies the opportunity to bid.
Mr. Tudor moved to recommend that the contract be awarded to Bayside Electric at an hourly rate of $20.00 for fiscal year 1993/94 only. The motion was seconded by Mr. Hutchison and unanimously carried.
Mr. Hutchison moved to adjourn into executive session for personnel and legal matters, seconded by Mr. Tudor and unanimously carried.
Meeting Adjourned at 9:32 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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