COUNCIL COMMITTEES
The Council Committees Meeting was held on June 15, 1993, at 7:10 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Hare, Mr. Hutchison, Mr. Lambert, Mr. Leary, Mrs. Malone, Mr. Pitts, Mr. Salters, and Mr. Tudor.
AGENDA ADDITIONS/DELETIONS
There were no additions or deletions to the agenda. Mr. Hare moved to approve the agenda as submitted, 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 Hare and Leary. Mr. Hindman was absent.
STATUS OF DEVELOPMENT MORATORIUM - WHITE OAK ROAD
During their Regular Meeting of June 8, 1992, members of City Council adopted a resolution which placed a moratorium on further development along White Oak Road from U.S. Route 13 easterly to the City limits. It was noted that the State of Delaware Department of Transportation reviewed the needs along White Oak Road and will be requesting the necessary funds in the FY 1994 Capital Budget for minor lane widening, left and right turning lanes, sidewalks, and drainage and intersection improvements along White Oak Road. In accordance with the resolution, the moratorium would remain in effect until the necessary improvements are made to White Oak Road; however, in no event was the moratorium to remain effective beyond one year from the date of the resolution unless further extended by Council.
Mr. Mike Petit deMange, Assistant City Planner, advised members that according to DelDOT, the proposed improvements have been budgeted for fiscal year 1994. The survey work is estimated to begin in the spring of 1994, design work will begin in the summer of 1994, and actual construction will take place in late 1995. Mr. Petit deMange stated that there have been very few requests for development along White Oak Road; however, there are minor projects that staff would like to authorize. Staff recommended that no further action be taken to extend the moratorium.
Although the DelDOT has made plans for improving White Oak Road, members relayed concern with lifting the moratorium since the improvements have not been made to correct the problems.
Mr. Petit deMange explained that the intent of the moratorium was for the development of large projects that would generate additional traffic along White Oak Road. However, he advised members that the moratorium has prevented the development of some small, very positive improvements in the area. As an example, Mr. Petit deMange stated that there has been a request to allow a day care operation at Manchester Square Complex, which is operated by the Dover House Authority.
Responding, Mr. Hare suggested that a selective moratorium be instituted that would allow the consideration of small projects.
Staff was requested to investigate the possibility of instituting a selective moratorium for a report back to the committee. It was noted that according to the resolution, the moratorium was effective for one (1) year from June 8, 1992; therefore, no further action is necessary to release the moratorium.
PROPOSED ORDINANCE AMENDMENTS - CIVILIAN PENSION PLAN
At the request of the Civilian Pension Board, A. Foster Higgins and Company, Managing Consultants, performed an Actuarial Study of Alternative Benefit Improvements, which included an evaluation of Article IX, General Employee Pension Plan of the Dover Code. Several recommendations were provided which would clarify language and bring the pension plan into compliance with certain Federal Laws, ERISA, Internal Revenue Code, etc. During their meeting of March 31, 1993, the Civilian Pension Board authorized staff to prepare the necessary ordinance amendments as recommended by Foster Higgins and Company.
Mr. Bruce Andrews, Human Resources Director, advised members that the recommendations of Foster Higgins were presented to the City Solicitor for preparation of the proposed ordinance amendments. He noted that the amendments would provide clarity within the pension ordinance and would have no financial impact on the Pension Plan. Staff recommended approval of the ordinance amendments.
Mr. Hare relayed opposition to changing the vesting period from ten (10) years to five (5) years. It was Mr. Leary feeling that the City must follow ERISA; however, he thought ERISA required a vesting period of no more than seven (7) years.
Mr. Salters requested that staff investigate the City's requirement to follow ERISA guidelines governing vesting periods. If the City is not subject to ERISA, he suggested that the City continue with the ten (10) year vesting period requirement.
Mr. Hare moved to table the proposed amendments to allow staff to investigate the vesting requirement of ERISA, seconded by Mr. Leary and unanimously carried.
PROPOSED AMENDMENT TO SECTION 19-6 OF THE DOVER CODE - CITY MANAGER TO GRANT PERMISSION FOR USE OF SIDEWALK RIGHT-OF-WAY
During their meeting of April 27, 1993, members authorized staff to formulate a recommendation that would allow the City Manager or Inspections Department to grant permission for the use of sidewalks for display of merchandise.
Staff presented members with a proposed amendment to Section 19-6 of the Dover Code which would allow the City Manager to grant permission to an owner or tenant to utilize the sidewalk right-of-way in front of their establishment for the display of merchandise. This section currently requires City Council to grant permission for the use of the sidewalk right-of-way.
Mr. Salters moved to recommend approval of the proposed amendment to Section 19-6 of the Dover Code (Attachment #1), seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:35 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Members present were Councilwoman Malone, Councilman Tudor, Mr. Caballero and Ms. Maxted.
WESTOVER VILLAGE PHASE I & II - PARKLAND REQUIREMENT
Members considered accepting 12.61 acres of private open space from Westover Village Phase I & II to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. Westover Village Phase I & II consists of 46.83 acres of land.
Mr. DePrima, City Planner, advised members that the Planning Commission recommended acceptance of the 12.61 acres of private open space for Westover Village Phase I & II. He noted that if this recommendation is approved, it will amend Council's action of February 8, 1993 whereby Westover Village developers were required to pay $44,050 toward the parkland fund for Phase I. Mr. DePrima stated that the project's Stormwater Management Plans have been altered; therefore, the land previously needed for stormwater detention basins can now be used for common open space.
Mr. Pitts moved to recommend acceptance of the 12.61 acres of private open space from Westover Village Phase I & II to meet the parkland requirement. The motion was seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 7:40 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hutchison and Tudor and Mr. Carey.
REQUEST FOR ANNEXATION - ACORN LANE - PEDRO AND CHRISTINA SANCHEZ
Members considered a request for annexation of property located at Lot #7 Acorn Lane, consisting of 0.3903 acres, owned by Pedro and Christina L. Sanchez. The applicants wish to build a new single family home and to have access to the City's water and sewer system. The City Planner recommended approval of the annexation request, with a zoning classification of R-10 (Single Family Residence).
Mr. Hutchison moved to recommend approval of staff's recommendation, seconded by Mr. Carey and unanimously carried. (Annexation Referendum has been set for July 15, 1993. No further action by Council is required at this time).
MILLCREEK - PHASE II - ACCEPTANCE OF STREETS & UTILITIES
The developer of Millcreek has requested that the streets and utilities of Phase II be accepted for maintenance and ownership by the City. Staff provided members with a map depicting the location of the subject rights-of-way. City staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. All repairs have been completed. A one-year maintenance agreement and bond and a release of liabilities have all been submitted. Staff recommended acceptance of the dedication of Millcreek, Phase II.
Mr. Hutchison moved to recommend approval of staff's recommendation, seconded by Mr. Carey and unanimously carried.
BID - 1993/94 FUEL OIL SUPPLY
Bids were solicited for the supply of #6 fuel oil, with nine (9) proposals received. Acting Electric Director, Mr. Richard Scrafford, advised members that Amerada Hess bid in accordance with the City's stipulations and is the lowest price from a qualifying bidder. Their offer is for a high quality oil with a guaranteed sulfur content of no higher than 1.0% and a heating value of 151,000 BTU's per gallon. A discount of 62 cents per barrel is offered and freight cost is 60 cents per barrel. The bid was $17.33 per barrel (42 gallons), which is a cost per gallon of $0.4126. The bid is based on the heat content of the fuel offered, which is $2.73 per one million British thermal units.
Staff recommended the fuel oil supply contract for 1993/94 be awarded to Amerada Hess with a cost of $2.73 per one million British thermal units.
Responding to Mr. Lambert, Mr. Scrafford stated that Delaware Storage and Pipeline Company was not able to convert their facility; therefore, they did not submit a proposal to the City.
Mr. Hutchison moved to recommend that the 1993/94 fuel oil supply contract be awarded to Amerada Hess, as recommended by staff. The motion was seconded by Mr. Carey and unanimously carried.
BID - ELECTRIC STOCK MATERIALS
The City has been purchasing electric stock material through a blanket bid process since 1989. It has proven to be very cost effective since vendors will guarantee their bid price for materials during the entire fiscal year. Staff estimates the amount of individual stock items that will be utilized by the Electric Department during the year and requests bids for a per unit cost.
Staff has evaluated the bids and recommended that purchases be made with the following vendors for the period of July 1, 1993 through June 30, 1994, at the estimated costs specified:
ITEMS COMPANY AMOUNT
Bolts, fuses, guy wire, A.J.P. Sales $271,394.25
hot sticks, Omni Rupter
switches, switch gears,
pole transformers, wire.
Amprobe, cold shrink all Graybar Electric 45,666.70
sizes, galvanized elbows,
luminaries, flexible conduit.
Street light arms, connectors, Hesco, Inc. 162,597.12
pole transformers.
Bolts, cross arms, cutouts, Rigby Supply 94,169.75
fuse links, insulators,
luminaries, wire.
Arresters, bolts, pole Valley Power 34,207.96
transformers, wire.
Anchors, auto splices, bolts, Wesco 561,558.73
bolt cutters, cable cutters,
conduit PVC & galvanized,
deadend shoes, elbows, enclosures,
H-Taps, insulators, luminaries,
primary pedestals, street light
anchors, terminator kits, tree
guard, wedge clamps, primary wire,
secondary wire.
Mrs. Hettinger, Support Services Director, advised members that the amounts are estimated based on projected purchases.
Mr. Carey moved to recommend acceptance of the bids for electric stock material as recommended by staff, seconded by Mr. Hutchison and unanimously carried.
Mr. Hutchison moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:00 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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