COUNCIL COMMITTEES
The Council Committees Meeting was held on April 13, 1993, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Daisey, Mr. Levitt, Mr. Leary, Mr. Salters, Mr. Pitts, Mr. Hare, Mr. Lambert and Mr. Tudor.
AGENDA ADDITIONS/DELETIONS
Mr. Levitt requested that the Utility Committee meeting be held prior to the Legislative and Finance Committee and the following additions to the Legislative and Finance Committee agenda:
#A-1 - Comments on Traffic Concerns - Mr. Gary Danek
#A-2 - Council Meetings Open Forum - Guidelines
Mr. Lambert requested the following addition to the Utility Committee agenda:
#5 - 1993 Street Program
Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Lambert and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert and Mr. Carey.
Request for Annexation - Acorn Lane - Robert Adkins
A request was received from Sandra and Robert Adkins to annex their property located on the east side of Acorn Lane, containing approximately .61 acres. The applicants wish to access the City water and sewer system due to problems with their current septic system. City Planner, Mr. Tony DePrima, reported that since the requested annexation is for a single family home, the City Planner is authorized by the Planning Commission and Council to make a recommendation directly to Council on the annexation and zoning for the property. The Planner recommended approval of the annexation request, with a zoning classification of R-20. The Comprehensive Plan recommends medium density residential uses.
Mr. Lambert moved to recommend that the property located on Acorn Lane, owned by Robert and Sandra Adkins, be annexed into the City of Dover, with a zoning designation of R-20, and that an annexation referendum be set for June 3, 1993 (Attachment #1 - Resolution). The motion was seconded by Mr. Carey and unanimously carried.
Bond Engineers - Work Arrangements
The City's Electric Revenue Bonds resolutions require a report from independent engineers on an annual basis. The independent engineers are required to ensure that the electric system is in good condition, that appropriate amounts are provided for improvements and extension and adequate insurance is maintained on the properties. The engineers are also required to make sure that the revenues are adequate to meet the debt service and the coverage ratio so that the bond holders will receive the principal and interest in a timely manner.
The engineering firm of Middle West Service Company has performed this service for many years. The scope of work conforms with the provisions of the bond resolutions. They submitted proposals for a three year period, as follows:
May 1993 Report for 1993/94 - $12,500
May 1994 Report for 1994/95 - $13,100 to $13,900
May 1995 Report for 1995/96 - $13,800 to $14,800
City staff has checked the fees with other service companies and have found the above figures favorable to the City. The fees for 1994 and 1995 are within ranges due to possible changes in personnel and usage of time. The caps are provided and actual fees will be negotiated by City staff and will be provided to City Council.
Mr. Mike Karia, Finance Director/Treasurer, recommended appointment of Middle West Service Company as the City's bond engineers for the next three years, at the above quoted fees.
Mr. Lambert moved to recommend approval of the appointment of Middle West Service Company as the City's bond engineers for the next three years, at the above quoted fees. The motion was seconded by Mr. Pitts and unanimously carried.
Request for Easement - Diamond State Telephone Company - White Oak Road at Nimitz Road
A request was received from Diamond State Telephone Company to purchase an easement on City property at the intersection of White Oak and Nimitz Roads. City staff has met with the telephone company officials and have agreed upon a site (legal survey and description is on file with the Office of the City Clerk). The easement will be used for a remote terminal and associated cables. The Diamond State Telephone Company has offered the City $1,000 for the easement. City staff recommended approval of the granting of the easement.
Mr. Carey moved to recommend that the City grant the requested easement to Diamond State Telephone Company for property at White Oak and Nimitz Roads, as more fully described in the legal description, for a fee of $1,000. The motion was seconded by Mr. Lambert and unanimously carried.
Scarborough Road - 12kV Relocation
The Scarborough Road project is a State of Delaware, reimbursable project. Bids were requested for the relocation of 12kV distribution lines along a portion of Route #13. It is to include all poles and equipment and adjustment of service lines. The low bid was received from Alfred J. Fry III, Inc. in the amount of $34,818. Ms. Swain explained that the City would be reimbursed by the State for approximately 90% of the project costs.
Mr. Pitts moved to recommend that the bid be awarded to Alfred J. Fry III, Inc., in the amount of $34,818, for the relocation of 12kV distribution lines along a portion of Route #13 in conjunction with the Scarborough Road project. The motion was seconded by Mr. Carey and unanimously carried.
1993 Street/Tar Ditch Project
Relating to action taken by Council during their meeting of April 12, 1993, Mr. Lambert stated that proposed funding of the 1993 Street/Tar Ditch Project was not approved by Council. Mr. Lambert stated that members of Council have been discussing the possibility of delaying street work in terms of the proposed 1993/94 budget. However, the action taken by Council on April 12th related to street work and the tar ditch project from the 1992/93 fiscal year budget. The only funds saved that effect the proposed 1993/94 budget, is the debt service from the bond issuance. With the action taken by Council on April 12th and if Council delays street work for the 1993/94 budget, the City will have delayed street repairs for two consecutive years.
Members discussed the matter at length with much confusion over the items that were included in the 1992/93 program versus the proposed 1993/94 program. Mr. Worley explained that the Spruance Road project was added to the 1992/93 bond issue, since it would not increase the cost of the bond issue.
Mr. Lambert moved that the entire matter be brought back before Council to be reviewed as individual items rather than as one item. The motion was seconded by Mr. Pitts and unanimously carried.
Meeting Adjourned at 7:32 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Levitt presiding. Members present were Councilmen Salters and Leary. Mr. Hindman was absent.
Remarks - Mr. Gary Danek - Chatham Cove
Mr. Gary Danek explained a hazardous situation at the intersection of LePore's Road and Route #13. He explained that vehicles parked in front of the Kirby & Holloway Restaurant obstruct the vision of Route #13 southbound traffic for those on LePore's Road, attempting to enter Route #13. He suggested that the owner of the restaurant be made to mandate that only compact cars be permitted to park on the property along Route #13. The problem is exacerbated when large vehicles and vans park along the roadway.
Mr. Worley stated that Mr. Danek contacted the City in February about his concerns and that staff has requested assistance from DelDOT. They are currently performing an analysis of the intersection. Mr. Worley stated that Route #13 rights-of-way are almost at the curb line, therefore, it is difficult to solve the problem since the parking is on private property.
Mr. Salters moved that the matter be referred to the Safety Advisory Committee for action, seconded by Mr. Leary and unanimously carried. In the interim, it was suggested that Mr. Danek also contact DelDOT.
Guidelines for Council Open Forum Sessions
Referring to discussions during the Council Open Forum Sessions of April 12, 1993, Mr. Leary suggested that the City develop a format of etiquette for those that participate in the sessions. Mr. Leary offered to work on such a policy for review by the committee.
Mr. Leary moved to recommend that he be permitted to receive suggestions for the development of guidelines to follow during open forum sessions, with the proposed policy to be reviewed by the committee. The motion was seconded by Mr. Salters and unanimously carried.
Travel Policy - Proposed Amendments
The City's travel policy has been in existence since 1982. The mileage and meal allowance rates were revised in 1989. Mr. Mike Karia, Finance Director/Treasurer, submitted a proposed revised travel policy. The revised policy would increase the mileage for personal car use from 21 cents to 23 cents per mile. It would increase the daily meal allowance from $35 (plus tips/taxes) per day to $50 (including tips/taxes) per day. Minor changes were made to other sections strictly for the sake of clarity. It was noted by Mr. Karia that the policy covers City of Dover employees and does not cover elected officials.
Mr. Levitt questioned the advisability of requiring receipts for meals rather than accepting a flat rate since it takes administrative time to track and verify receipts. Mr. Karia stated that he reviewed the policies of many other governmental agencies and he felt that the requirement for receipts is the better policy. Mr. Levitt also suggested that the policy should cover elected officials as well as City employees. Agreeing, Mr. Tudor suggested that the policy cover everyone that is on official business of the City. He related to other committees, commissions, etc. that may be required to travel on official business of the City but are not elected officials or employees of the City.
Mr. Hare questioned the meal allowance, stating that in large cities, it would be impossible to eat three meals for less than $50, especially if you must eat in your hotel. He agreed with Mr. Levitt on the requirement of receipts for meals, stating that the administration of the plan would be too costly.
Mr. Salters moved to recommend approval of the revised Travel Policy as submitted (Attachment #2), seconded by Mr. Leary and unanimously carried.
Amendments - Flood Damage Prevention Code - Chapter 7.5 of Dover Code
At the request of the Federal Emergency Management Agency (FEMA), minor amendments to the City's Flood Damage Prevention Code Ordinance were submitted by Mr. DePrima. The purpose of the amendments is to keep the City's Code current with federal regulations so that properties within the City's boundaries are eligible for the flood insurance under the National Flood Insurance Program that is operated by FEMA.
The amendments require that manufactured homes be placed on a "permanent" foundation above the base flood level, in a flood plain. Currently the ordinance allows them to be on compacted fill or pilings. The amendment also adds three new definitions for "Basement", "Lowest Floor", "Recreational Vehicle" and "Substantial Damage".
Mr. Salters moved to recommend approval of the proposed amendments to Chapter 7.5 of the Dover Code, Flood Damage Prevention Code (Attachment #3). The motion was seconded by Mr. Leary and unanimously carried.
Proposed Procedure - Sale and Disposition of Excess of City Land
As requested by Council, the City Assessor submitted a proposed procedure for the sale of excess real property owned by the City of Dover. He explained that it is a very rough draft and welcomed input from the committee. He requested that members of Council contact him with any suggestions or modifications to be incorporated into the Plan and that a revised draft be brought back to the committee for review. Mr. Worley requested that departments receive a copy of the proposal for review.
The committee acknowledged receipt of the first draft and requested that a final draft be presented to the committee at a later date.
Public Information Officer
One of the 1992/93 goals of City Council was to consider the creation of a City Public Information Officer position. This function is presently conducted in a decentralized manner throughout the City organization. The City Manager generally serves as a spokesman for the City. The Police Department has a designated officer who responds to press inquires. Department heads respond to news media calls about specific issues that occur in their departments. City elected officials respond to individual calls from the news media and occasionally write articles for the newspaper. Mr. Worley reported several problems with the present policy. Quite often, several people respond to the news media on the same issue and consequently, conflicting information is often distributed. There is general planned communication with the public through regular press releases. It was felt that the solution to the problem is the creation of the Public Information Officer position. This would centralize the public information function. Mr. Worley provided members with a copy of a proposed job description and salary grade of GM-23.
With the tightness of the City's budget, Mr. Worley recommended that Council not approve the position of a Public Information Officer at this time. He strongly recommended that Council consider the position for the 1994/95 fiscal year, feeling that such a position would be very valuable to the City. In the interim, staff recommended that utility bills be sent out in envelopes which would give the City an excellent means of occasionally communicating with the public through inserts. The estimated cost of such a program would be $40,000 including the cost of monthly inserts.
Mr. Leary stated his opinion that using the utility billing system to send out informational inserts is an excellent way to communicate with the public. Mr. Levitt suggested the use of the local Cable Company to get information to the public such as meeting notices and informational news letters. Mr. Tudor reminded the committee that the City serves many customers outside the City limits and mailing the inserts to them would be a waste of postage since the information would generally not effect those living outside the City.
In light of the fact that the City is trying to keep costs down, Mr. Salters suggested that other alternatives be investigated.
Mr. Salters moved to recommend that no action be taken for the 1993/94 fiscal year, but that staff include the item in the 1994/95 fiscal year budget proposal for closer review by Council. The motion was seconded by Mr. Leary and unanimously carried.
(Mr. Leary left the meeting at 8:20 p.m. and Mr. Hare was deputized to serve as a member of the committee in Mr. Leary's absence.)
City Mission
In 1991/92, City Council agreed upon a mission for City government. In 1992/93, City Council set a goal to review the mission. Based on the 1991/92 workshop, the mission is as follows:
With diligence, compassion and economy, the Dover City Council shall seek the Dover future and preserve the Dover past.
Mr. Worley stated that the proposed mission was never fully discussed nor approved in its final form. He recommended that Council review and modify the mission to fit its perception of what the mission should be.
Mr. Salters felt that the mission statement should include the present time, as well as the past and future. Mr. Christiansen suggested the following: "Community Excellence through Quality Service - Yesterday, Today and Tomorrow".
Mr. Hare moved to recommend approval of Mr. Christiansen's suggestion that the City Mission read as follows: "Community Excellence through Quality Service - Yesterday, Today and Tomorrow". The motion was seconded by Mr. Salters and unanimously carried.
Review of Capital Improvement Plan - General Government Sections
The Legislative and Finance Committee reviewed the General Government Sections of the Capital Improvement Plan (pages 3 - 19). Mr. Worley stated that all items in this section have received tentative approval by City Council. There was general discussion on each project in the General Government Section of the CIP, but it was noted that official project approval will take place during budget review.
Meeting Adjourned at 8:42 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Members present were Councilmen Hare and Tudor, and Mrs. Malone. Mrs. Dean was absent.
Public Restrooms - Downtown
In the past, the committee has addressed the matter of public restrooms in the downtown area. During the January 12th committee meeting, Mr. Tom Smith requested that he be given an opportunity to allow the new Downtown Main Street Manager to review the issue of public restrooms downtown. A letter was received from Nanette Hagen, Main Street Manager, and Mr. Tom Smith, President. They recommended that portable restrooms not be installed in downtown, but that the public be educated on the availability of public restrooms in the area and that the Loockerman Way park be closed after 10:00 p.m. to prevent loitering, illegal activity and unacceptable behavior.
Ms. Nanette Hagen was present and stated that since the March 24th letter, she has discovered that public urination is a problem not only in Loockerman Way, but throughout the downtown area. They feel that the type of person engaging in such an unacceptable manner would not walk to a permanent or portable facility regardless of its close proximity. They, therefore, strongly suggest that the Police Department continue patrolling the area during the evening hours and that access through Loockerman Way be closed after 10:00 p.m. She felt that if the police would give this area extra attention for a few weeks and made some arrests, the word would get out that the City will not tolerate this type of behavior and it would stop.
Mr. Lambert, who originally brought the matter to the attention of the committee, expressed his appreciation to Ms. Hagen and Mr. Smith for their review and requested that a copy of their letter be sent to Ms. Janice Sibbald who originally brought the matter to his attention.
Mr. Salters felt that the matter is a social issue that can only be solved by public education.
Mr. Hare moved to recommend acceptance of the letter from Ms. Nanette Hagen and Mr. Tom Smith, seconded by Mr. Tudor and unanimously carried.
Review of Capital Improvement Plan - Parks and Recreation Sections
The committee reviewed the Parks and Recreation Sections of the Capital Improvement Plan (pages 21 - 30). Mr. Worley stated that all items in the 1993/94 fiscal year have received tentative approval by Council with the exception of the Silver Lake play equipment, which is a requirement of the American Disability's Act.
Referring to the Greenway Project and Phase I of Schutte Park , Mr. Worley stated that they are funded by grants. The Greenway Project is 100% funded by a State Park Grant and Phase I of the Schutte Park is funded through a State Park Grant, State Street Aid Funds, and the Park Escrow Fund. Responding to Mr. Hare's question on the balance in the Park Escrow Fund after removing the $280,000 for Schutte Park, Mr. Worley stated that the entire amount would be used. He reminded the committee, however, that money continues to come to this fund from developers. Mr. Hare stated that $20,000 is coming from the General Fund to buy playground equipment for Silver Lake and he questioned why the funds are not coming from the Park Fund Escrow. Mr. Zach Carter, Recreation Director, stated that the concept of the Park Fund Escrow was for the development of new park facilities. For replacement of equipment in existing facilities, they are utilizing General Fund dollars. Mr. Hare objected to this concept, feeling that the Parkland funds should be used for both new parks and for maintenance of existing parks. Mr. Worley objected, stating that the funds are very similar to impact fees and that they must be used for new installations. He agreed, however, that there are no clear guidelines on the use of these funds.
Responding to a question by Mrs. Ann Gneisco, Mr. Carter stated that the Schutte Park consists of 163 acres which includes an area for the electrical plant and a future area for Public Works. A master plan depicting all the fields, the electrical plant and the Public Works area has been prepared and is available for public review. With the many new housing units planned for West Dover, Mrs. Gneisco suggested that development of Schutte Park be delayed until the funds are available from all the new development in this area. Mr. Worley stated that these developers are already contributing to the development of Schutte Park.
In answer to a question by Mr. Jim Carr, Mr. Carter stated that the City's matching funds will come from Park Fund Escrow as well as from any other organizations that may wish to contribute.
Mr. Karabella urged Council to continue to upgrade their existing parks, stating that the parks are useless if the equipment is broken. He suggested that the City look at various forms of recreation so that the needs of all are met.
Mrs. Rexene Ornauer stated that the City needs to solicit for new State funds, relaying her opinion that New Castle County seems to get the majority of State funds. Mr. Worley assured members that the City is working in this area and hopes to receive more State funding.
It was noted that official approval of the projects in the CIP will take place during budget review.
Mr. Levitt moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:30 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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