COUNCIL COMMITTEES
The Council Committees Meeting was held on May 25, 1993, at 7:00 p.m., with Councilman Salters presiding in the absence of Council President Christiansen. Members of Council present were Mr. Hare, Mr. Lambert, Mr. Leary, Mrs. Malone, Mr. Pitts, Mr. Tudor and Mayor Knopf. Councilman Hutchison was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of an executive session to discuss personnel matters to be held at the conclusion of the Council Committees Meeting. Mr. Lambert requested the addition of item #3, Presentation by Delmarva Power & Light, to the Utility Committee agenda.
Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Lambert and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Councilman Leary presiding (Chairman Salters was presiding over the Council Committees Meeting). Members present were Councilmen Hare and Leary. Councilwoman Malone was deputized to serve as a member in the absence of Mr. Hindman.
LUMP SUM PENSION PAYMENT - CIVILIAN PENSION MEMBERS
The Human Resources Director, Mr. Bruce Andrews, advised members that the General Employee Pension Board has been reviewing the current pension plan design. During their meeting of March 31, 1993, the Board approved the following motion:
To provide a one-time lump sum payment to civilian retirees. The payment would not be added to the base retirement and would be paid separate from their normal pension checks. The formula would provide $60.00 per year of retirement - going back five (5) years to start counting years of retirement, with a ten (10) year maximum or $600.00; the years will be counted and pro-rated on a fiscal year basis from July 1, 1993. Surviving spouses are to receive half of the amount that would have been paid to the retiree.
Mr. Andrews advised members that the General Employee Pension Plan does not provide an automatic cost-of-living adjustment for its retirees. In 1989, a two percent (2%) across-the-board increase was added to the retirees base. Mr. Andrews explained that the Pension Board's recommendation would provide a single payment, in lieu of a cost-of-living increase, ranging from $0 for those who were not retired prior to July 1, 1988, and up to a maximum of $600 for those who retired before July 1, 1978. He stated that the lump sum is projected to cost $17,681.88 from the General Employee Pension Fund.
Responding to Mr. Salters, Mr. Andrews stated that in accordance with the Actuarial Valuation, which was completed in January 1993, the General Employee Pension Plan's assets are sufficient to meet the Plan's obligations. An Actuarial Valuation is performed every two years.
Mr. Salters moved to recommend approval a one-time lump sum payment to retirees as recommended by the General Employee Pension Board. The motion was seconded by Mrs. Malone and unanimously carried.
CIVILIAN MEMBERS - COUNCIL COMMITTEES - PROPOSED AMENDMENTS
The committee considered a suggestion by Councilman Hare to amend the Dover Code to provide two (2) civilian members to serve on each of the following committees:
Legislative and Finance Committee - Section 2-77
Currently requires one (1) civilian member.
Safety Advisory Committee - Section 2-87(a)
Currently requires no civilian members.
Utility Committee - Section 2-167(a)
Currently requires one (1) civilian member.
It was noted that there is no change necessary for the Parks and Recreation Committee since the Code already requires two (2) civilian members.
It was Mr. Hare's feeling that participation by civilian members has proven very helpful in the past by offering new ideas and is a great way to involve members of the community in the decision making process of their local government. Concurring, Mr. Lambert stated that there is a lot of expertise in the community that the City could utilize.
Taking into consideration that the City is attempting to maintain a low budget and that civilian members are reimbursed $40 for each meeting attended, Mr. Salters relayed concern with the costs involved.
Responding to Mr. Leary, Mr. Hare stated that the amendment would not become effective until July 1, 1993.
Noting that the Safety Advisory Committee is the only Council Committee that has no civilian members to serve, Mr. Tudor suggested that Section 2-87(a) of the Dover Code be amended to provide one (1) civilian member. This would provide for at least one (1) civilian member to serve on each of the Council Committees. In the future, the committee could consider amendments that would provide additional civilian members.
Mr. Salters moved to recommend approval of an ordinance (Attachment #1) that would amend Section 2-87(a) of the Dover Code, to require one (1) civilian member to serve on the Safety Advisory Committee. The motion was seconded by Mr. Hare and unanimously carried.
HISTORIC DISTRICT ORDINANCE AMENDMENTS
The Planning Commission has been considering Zoning Ordinance amendments that would create a Historic District Commission. Mr. Tony DePrima, City Planner, reminded members that several public meetings have been held concerning the proposed amendments and that staff has provided updates to Members of Council. The proposed amendments would establish a Historic District Commission that would serve in an advisory capacity as an Architectural Review Board to the Planning Commission and City Planner. Members would be appointed by the Mayor and confirmed by City Council.
Mr. DePrima stated that the proposed amendments would also require that Architectural Review Certificates be evaluated in conjunction with the new design standards and guidelines and issued accordingly. The Commission would have the authority to issue Certificates for minor projects, which would include signs, fences, window and door replacement, roofing, porch additions and renovations, and similar projects requiring building permits. The Historic District Commission will serve as the appeal body for decisions made by the City Planner and the Planning Commission will serve as the appeal body for the Historic District Commission.
Responding to Mr. Lambert, Mr. DePrima assured members that there were no significant objections from citizens; however, there was general concern regarding the City's involvement with private property. There was also some concern relayed on whether the Planning Department has the resources to manage another Board.
In response to Mr. Tudor, Mr. DePrima stated that there is no restriction that would prohibit individuals that serve on the Historic District Commission to serve on another City Commission.
Mr. Hare moved to recommend approval of the Zoning Code Amendments (Attachment #2) that would create a Historic District Commission, as recommended by staff. The motion was seconded by Mr. Salters.
Mrs. Nancy Gardner, 213 N. State Street, advised members that although she has some concerns with the proposal, she supports historic preservation and strengthening of the Historic District. It was her feeling that the membership should consist of more than five (5) members and that the membership requirements should be more broadly based.
Mr. DePrima stated that in order to qualify as a Certified Local Government in Historic District, the Federal and State Legislation strongly encouraged the criteria of a historian or architect for membership of the Historic District Commission.
Mr. Salters stated that Zoning Code amendments require a public hearing by City Council, at which time public testimony may be given. Noting that Mrs. Gardner has several clarification questions, Mr. Salters suggested that she contact Mr. DePrima. Should those concerns not be satisfied, Mrs. Gardner could address members of City Council during the public hearing.
On a call for the question by Mr. Salters, the motion recommending approval of the Zoning Code Amendments was unanimously carried. (It is noted that a public hearing will be held during the second reading of the proposed ordinances on July 12, 1993).
MISCELLANEOUS ZONING CODE AMENDMENTS
Mr. Tony DePrima, City Planner, submitted 15 miscellaneous Zoning Code amendments for the committee's review. He explained that staff has been reviewing existing ordinances for modernization, clarification, or simplification. The proposed amendments were sent to local surveyors, engineers, and architects, and the Board of Realtors' Legislative Committee for their review and comments.
As a result of the comments that were received, Mr. DePrima advised members that amendment #2 and #15 have been revised, which were read to members for their review. He also noted minor changes to amendments #8, #9, and #10 that would provide the base of a sign to be no more than two (2) feet above the ground, rather than one-and-a-half (1 1/2). Responding to Mr. Hare, Mr. DePrima assured members that the corrected amendments will be presented to Council for their first reading.
Mr. Hare moved to recommend approval of the Zoning Code Amendments (Attachment #3) as revised, seconded by Mrs. Malone and unanimously carried. (It is noted that a public hearing will be held during the second reading of the proposed ordinances on July 12, 1993).
Mr. Salters moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:55 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilwoman Malone and Councilman Pitts.
REQUEST FOR THREE (3) HOUR PARKING - ARC OF DELAWARE
The committee considered a request for three (3) hour parking permits for members of Mid-Del Chapter of ARC (Association for the Rights of Citizens with Mental Retardation in Delaware, Inc.). The Mid-Del Chapter of ARC sponsors a parent support group which meets once a month at 10:00 a.m., at the Wesley Church Education Building located on Loockerman and Federal Streets. Occasionally, these meetings go beyond two hours. Parking in the Wesley Church parking area is limited to pre-school, church and ARC employees, and there is a two (2) hour parking limit for on-street parking in the area.
Mrs. Terry Tieman, Administrative Services Director, advised members that staff could not fulfill the request since it does not fall within the Three Hour Parking Permit Guidelines. She explained that the three hour parking permits are issued only to businesses that fall within the central business district which was defined by the Inspections Director. Mrs. Tieman also noted that ten (10) parking permits have been requested. According to the permit guidelines, a maximum of three (3) permits may be issued to a business.
Feeling that such a group is an asset to the City, Mr. Hare moved to recommend that staff be authorized to issue ten (10), three (3) hour parking permits to Mid-Del Chapter of ARC for one (1) day a month, seconded by Mr. Pitts.
Responding to Mr. Hare, Major Faulkner stated that although the Police Department would have no problem enforcing the request, it was his feeling that approval of this request would cause other groups to request similar extensions or expansions to the program.
Mr. Salters noted that there is sufficient parking available in the City Hall Parking Lot and suggested that the matter be referred to the Dover Parking Authority. He also relayed concern with the City being bombarded with similar requests from other groups.
Mrs. Tieman advised members that the three hour parking permits are free and are limited to three permits per business. Referring to the City Hall Parking Lot, she stated that any citizen may purchase a parking permit on a daily basis at a cost of $2.00 for a full day.
Responding to Mr. Tudor's suggestion, Ms. Swain stated that if the City instituted three hour parking in the area of Wesley Church, those members of Mid-Del Chapter of ARC would not be assured of those parking spaces since parking would be on a first come basis.
Ms. Nannette Hagen, Main Street Manager, stated that the majority of her complaints and concerns received from citizens involve parking in Dover. She advised members that the National Main Street Center is sending a parking consultant to Dover to review the parking situation. A recommendation will be formulated and presented to the Dover Parking Authority, for presentation to City Council. It is estimated that the recommendation will be formulated within three (3) months. Feeling that the parking consultant's recommendation will resolve this issue, Ms. Hagen suggested that the Mid-Del Chapter of ARC be treated as a business and that the request be approved for a maximum of three (3) months.
Mr. Hare moved to recommend that the main motion be amended by granting the request for a maximum of three (3) months, seconded by Mr. Pitts and unanimously carried. For clarification, Mr. Hare stated that the three months will include June, July and August.
Meeting Adjourned at 8:11 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilman Tudor and Mr. Carey. Noting the absence of Councilman Hutchison, Councilman Hare was deputized to serve as a member.
ELECTRIC BILLING - MR. JACK COSTELLO
Mr. Jack Costello, 785 Walker Road, has been disputing his electric billing of January 11, 1993, in the amount of $120.51. City staff and Mr. Costello have discussed his concerns for several months, as follows:
January 26, 1993: Mr. Costello and Administrative Services Director, Mrs. Terry Tieman, met to discuss his water and electric accounts.
February 1, 1993: Mrs. Tieman sent Mr. Costello a letter summarizing their meeting of January 26, 1993.
March 4, 1993: Believing that Mr. Costello's dispute had been resolved, Mr. Watson of Administrative Services sent Mr. Costello a notice of termination for his outstanding electric bill in the amount of $156.38.
March 8, 1993: Mr. Costello sent a letter to Mayor and Council requesting a continuance of electric service and that the bills be adjusted to reflect either industrial or commercial.
March 9, 1993: Mr. Costello's electric remained connected at the request of City Manager, Mr. Worley, pending his own investigation of Mr. Costello's electric bill.
April 20, 1993: Mr. Worley sent a letter to Mr. Costello indicating that the billings were correct and that the oil-circulating heater may be causing the high usage.
May 5, 1993: Being informed by the City Manager that Mr. Costello's dispute had been settled, Mr. Watson sent a notice of termination for his outstanding electric bill.
May 9, 1993: Mr. Costello directed a letter to Council President Christiansen requesting a continuance of electric service and provided a summary of his situation. The letter was referred to the Utility Committee for their meeting of May 25, 1993.
May 10, 1993: Mr. Costello's electric remains connected pending the outcome of the Utility Committee meeting and Council's action.
Mrs. Tieman explained that in comparison with previous bills, Mr. Costello's billing of January 11, 1993 was higher due to a correction in billing made by Administrative Services. The error was discovered in a routine check by a customer service representative. Inconsistency in the type of meter equipment and billing calculations led to verification of the equipment and operation of the meter by the metering department. The current meter is for commercial service, which was installed in January 1980, and has a multiplier factor of 40. Although Mr. Costello has been billed incorrectly since he occupied the building in 1984, in accordance with City ordinances, only three months prior billings may be adjusted to correct the error.
Mrs. Tieman stated that the electric service was designed to carry a load which would service multiple buildings. The service has the potential to pick up a heavier load than is currently being used. In accordance with City of Dover ordinances, Mrs. Tieman explained that it would be inappropriate to bill a residential rate to an establishment with commercial service or to disregard the multiplier on the meter. It would be necessary to change the service to a residential meter in order to receive residential service. Mrs. Tieman assured members that the metering and service at 785 Walker Road has been found to be appropriate through meter tests and field investigation by City staff. The billing is found to be accurate for the electric used. Staff recommended that Mr. Costello make arrangements with Administrative Services to pay his electric bill in the amount of $368.44.
Mr. Costello advised members that in December his electric bill went from $9 to $113 and that in January his electric bill was $42.73. He requested that the City reduce the exorbitant rates for his electric service at 785 Walker Road.
Mr. Tudor noted that there have been several changes in the City's electric rates and suggested that the kwh's be reviewed rather than the dollar amount of the billings. He offered to assist Mr. Costello in reviewing his electric billings for usage of kwh.
Mrs. Tieman stated that the meter at 785 Walker Road was not read incorrectly it was billed incorrectly. She explained that the meter has a multiplier of 40 and that for approximately ten (10) years, the multiplier was not billed. This correction is what caused the significant increase in Mr. Costello's electric bill.
Mr. Costello advised members that the other commercial establishments in the area do not have a multiplier in their billings although they too have a commercial meter.
Responding, Mr. Tudor stated that the service was originally installed to allow a large amount of electric flow at any given time. Although an establishment may be commercial, Mrs. Tieman stated that it is the wiring within an establishment that determines the amount of electricity the building can endure and it is billed accordingly.
Mr. Hare moved to recommend that Mr. Costello make arrangements with Administrative Services to pay his electric bill in the amount of $368.44, as recommended by staff. The motion was seconded by Mr. Carey and unanimously carried.
CLEANING OF FUEL OIL STORAGE TANK
Early in this budget year, a project was initiated to paint and re-insulate the #1 and #2 fuel oil storage tanks. Once the old insulation was removed from the tank, severe corrosion and pitting was discovered. A leak developed on the #1 tank while being prepared for painting, which indicated the need for a thorough inspection. Before an inspection can be performed, it is necessary to clean the interior of the tank and dispose of the remaining oil, sludge, and cleaning/solvent materials.
Mr. Richard Scrafford, Acting Electric Director, stated that three organizations were contacted to provide estimates for cleaning the #1 fuel oil storage tank. The bids were to address the cleaning of the tank and the transportation and disposal of the existing sludge and generated cleaning wastes. Staff recommended awarding the bid to the low bidder, Tier Incorporated, in the amount of $36,427.
Responding to Mr. Tudor, Mr. Scrafford stated that the cleaning of the tank must be performed in a timely manner to facilitate inspection and determination of repairability of the tank. Should the City decide to relocate the storage of oil and abandon the City's tanks, it would still be necessary to clean the tanks.
Mr. Carey moved to recommend that staff be authorized to issue a purchase order to Tier Inc. in the amount of $36,427 to perform the cleaning of the #1 fuel oil tank, as recommended by staff. The motion was seconded by Mr. Hare and unanimously carried.
PRESENTATION - DELMARVA POWER & LIGHT
Mr. H. Ray Landon, Executive Vice President of Delmarva Power & Light (DP&L), submitted a letter requesting the opportunity to address committee members regarding future power needs.
Mr. Landon advised members that DP&L and the City of Dover have concurrent additional electric capacity needs. He suggested that an integrated planning approach between the City of Dover and DP&L might be appropriate in terms of providing advantages for the City of Dover, DP&L, and the customers of both systems. Mr. Landon presented a wide range of possible cooperative efforts, as follows:
1) The City of Dover to become a partial owner of DP&L owned power plants.
2) The City of Dover could purchase some or all capacity from DP&L and completely get out of the generation business.
3) The City of Dover sell their entire electric system to DP&L, including distribution.
Mr. Landon stated that it is DP&L's desire to purchase the City of Dover's entire electric system. It was felt that this would provide lower rates to consumers. He provided an estimate of $70 million for the purchase of the City's entire electric system and that the net proceeds could produce enough money for the City to make an equal contribution for tax reduction for the citizens of Dover.
At this time, Mr. Landon requested permission for DP&L to have access to accounting records and City facilities so that a realistic proposal could be developed by DP&L to be presented to the City.
Mr. Lambert thanked Mr. Landon and again explained that the City is not in the position to discuss this matter until the new City Manager has started employment with the City.
Mr. Leary moved to adjourn into executive session, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 9:22 P.M.
Respectfully submitted,
Reuben Salters
Acting Council President
RS/jg
Attachments