REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 22, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Pitts, Salters, Levitt, Daisey and Hare. Councilman Leary was absent.
Council staff members present were Chief Smith, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Ms. Reihm.
The invocation was given by Reverend Garnes, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of an executive session to discuss personnel matters. The agenda was unanimously approved, as amended, by motion of Mr. Salters, seconded by Mr. Hare.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 3, 1993
The Minutes of the Special Council Meeting of March 3, 1993 were unanimously approved by motion of Mr. Hare, seconded by Mr. Levitt and bore the written approval of Mayor Knopf.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 4, 1993
The Minutes of the Special Council Meeting of March 4, 1993 were unanimously approved by motion of Mr. Daisey, seconded by Mr. Salters and bore the written approval of Mayor Knopf.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 8, 1993
The Minutes of the Regular Council Meeting of March 8, 1993 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Daisey and bore the written approval of Mayor Knopf.
PRESENTATIONS BY MAYOR KNOPF
In recognition of the City's appreciation for their volunteer services, Mayor Aaron O. Knopf made presentations to the following:
Mrs. Sarah Hastings for her commitment and dedication to the City of Dover Planning Commission. Mrs. Hastings served on the Planning Commission for 20 years. Mr. John Davis, Chairman of the Planning Commission, and Mayor Knopf relayed their appreciation to Mrs. Hastings for her many years of devoted service to the City of Dover.
Ms. Susan Salkin for her commitment and dedication to the Dover Arts Council, having been a member for over two years. Mr. David Skocik, Chairman of the Dover Arts Council, and Mayor Knopf expressed their appreciation for the dedication shown to the Arts Council by Ms. Salkin.
RESOLUTION - DR. JERVIS COOKE
By motion of Mr. Levitt, seconded by Mr. Lambert, Council unanimously adopted the following Resolution:
WHEREAS, Dr. Jervis Cooke has served as the City of Dover Police Departmental Chaplain since 1990 and the Robbins Hose Company Chaplain since 1985; and
WHEREAS, Dr. Cooke is an ordained Clergyman of the United Methodist Church, having served 28 years as a Military Chaplain and having served many churches in the Dover and surrounding areas since moving to Dover in 1971; and
WHEREAS, Dr. Cooke has been an educator, trustee, and past President of Wesley College and is active in numerous civic associations in the area; and
WHEREAS, since he is planning to retire in Sussex County, Dr. Cooke will no longer be able to serve as the Police Department and Robbins Hose Company Chaplain.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover wish Dr. Jervis Cooke a happy and healthy retirement and extend their sincere appreciation for the time he volunteered to the City of Dover Police Department, the Robbins Hose Company and the citizens of the City of Dover.
ADOPTED: March 22, 1993
PROCLAMATION -PERFECT ATTENDANCE MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, an alarming number of our students do not graduate from high school and we can no longer afford to ignore the issue; and
WHEREAS, our economic welfare, social ethics, and community atmosphere hinge upon the thesis of education and knowledge for all the children of all the people; and
WHEREAS, in keeping with the First State Plan, Delaware 2000, the Capital School District is promoting a drop-out prevention/attendance improvement project; and
WHEREAS, one of the objectives of the project is: "to help students recognize that education is critical for success in life and to ensure their graduation"; and
WHEREAS, it is necessary that we review our commitments to helping students reach for high goals and aim for high achievements; and
WHEREAS, parents, churches, businesses, and the community are charged with the task of serving as role models for our youth, to help them stay in school and succeed.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April, 1993, as PERFECT ATTENDANCE MONTH and call on the entire community to offer their help in encouraging our students to attend school, stay in school and graduate from high school.
The Proclamation was accepted by Ms. Geraldine Jones, Visiting Teacher for the Capital School District.
PROCLAMATION - MILITARY RETIREE DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on April 3, 1993, these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that Saturday, April 3, 1993, be known as
"MILITARY RETIREE APPRECIATION DAY"
in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
PUBLIC HEARING - ZONING TEXT AMENDMENT - ARTICLE 3, SECTION 15.5(g)
A public hearing was duly advertised to consider adoption of an ordinance that would amend the City of Dover Zoning Text, Article 3, Section 15.5(g) - Service Commercial Zone. The amendment would require fuel dispensers to be located at least 100' from the property line of certain institutional uses. The amendment also adds day care and nursing home facilities to the list of institutional uses.
The first reading of the proposed ordinance was accomplished during the Council Meeting of February 22, 1993.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak for or against the proposed ordinance.
Council President Christiansen declared the public hearing closed.
By motion of Mr. Levitt, seconded by Mr. Lambert, Council adopted the following ordinance by a unanimous roll call vote (Mr. Leary absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 3, Section 15, Service Commercial Zone (C-3), of the Zoning Ordinance, by deleting in its entirety Sub-Section 15.15 (g) and by inserting in lieu thereof, the following:
(g) No building permit for a motor vehicle service station shall be issued with fuel dispenser system located closer than 100 feet from a property line of any school, day care, church, hospital, nursing home, or place of public assembly designed for the simultaneous use and occupancy by more than one hundred (100) persons".
ADOPTED: March 22, 1993
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on March 9, 1993 with Chairman Levitt presiding.
Proposed Smoking Ordinance Amendments
During their meeting of January 11, 1993, City Council considered several amendments to the current smoking ordinance and authorized staff to prepare the necessary ordinance amendments that were approved for review by the Legislative and Finance Committee.
In reviewing the proposed amendments, Mr. Daisey relayed concerns of the members of the Restaurant Association with the requirement of having all signs permanently fixed. In order to provide flexibility, he suggested that Section 3 of the proposed amendments read as follows: "Signs shall be at least one square foot in size, shall be affixed to the structure of the building and/or shall be so distributed that from any point in the no-smoking area at least one such sign is visible. A combination of fixed or pedestal type signs may be used."
The committee recommended approval of the amendments to the smoking ordinance, as amended.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Daisey.
Mr. Lambert stated his opposition to the proposed amendments, stating that only one violation has been enforced during the two years since adoption of the ordinance. He stated that there is either not a problem or we do not have the ability to enforce the ordinance. He, therefore, objected to adding more restrictions to the existing ordinance. He stated his opinion that businesses should establish their own restrictions, should enforce their restrictions themselves, and let the public decide, through the competition process, which business they wish to patronize.
Mr. Daisey stated that if all smokers were considerate of others, restrictions would not be necessary. However, since they are not always considerate of others, he felt that the City has an obligation to protect the health of its citizens, reminding Council that this is a health issue, not a rights issue. He stated that the ordinance is basically a self-enforced law.
Mr. Levitt stated that the City of Dover has been in the forefront with social change in the State of Delaware. The City set the example with the paramedic program and is now setting an example with the smoking ordinance. Hopefully, the State will follow our lead as they did with the paramedic program.
On a call for the question on the motion to approve the ordinance amendments, the motion was approved by a roll call vote of seven (7) yes, one (1) no (Mr. Lambert), with Mr. Leary absent. (It is noted that the first reading of the proposed ordinance amendments will take place during the latter part of this meeting.)
Resolution - FCC Rollback Rates - Storer Television
During a recent National League of Cities Convention, Mr. Lambert attended a seminar relative to Cable Television Regulations. He advised members that in October 1992, Congress passed legislation that gives municipalities the authority to regulate cable television. Since the legislation is vague, the FCC is reviewing the legislation to determine what will be regulated by municipalities. At the conference, it was recommended that cities adopt a resolution, to be presented to the FCC, proposing that any rate increases that have occurred since October 1992 be rolled back to the prior rates.
Noting that the City's basic cable rates have increased since October 1992, Mr. Lambert recommended that Council adopt a Resolution, to be sent to the FCC, that would provide a rollback provision to be incorporated into the rules for regulating cable television.
The committee recommended support of a Resolution and that the City Solicitor pursue the legality of the rate increase that was instituted by our local cable company.
Mr. Levitt and Mr. Lambert stated that this is an important and complex issue that requires close scrutiny by municipalities. Mr. Levitt stressed the importance of Council attendance at the National League of Cities conferences where important issues of this nature are addressed.
Mr. Salters noted that a letter has been received from Storer Cable Communications that states that they have not increased basic service rates since the October 1992 date and they do not plan such an increase in 1993. It was noted by some members of Council that there is some question as to what constitutes "basic service" and that the matter should be held to close scrutiny by the FCC.
Mr. Levitt moved for approval of the committee's recommendation, seconded by
Mr. Lambert and unanimously carried.
Proposed Charter Amendments - Chain of Command
During their Goals Workshop of February 20, 1993, Council agreed to change the chain of command so that the City Manager would report directly to the Mayor.
Since Council is seeking a new City Manager, Council President Christiansen felt that it is imperative for applicants to know who they will be responsible to report to and the arrangement of government that is maintained by the City of Dover. He relayed his support of a strong Mayor to serve as the chief executive and the City Council serve as a legislative and policy making body. It was Council President Christiansen's opinion that the City Manager should report to the Mayor on a daily basis. This arrangement would eliminate the possibility of any member of Council micro-managing the City Manager or his operations.
Mayor Knopf cautioned members of placing additional responsibilities on a Mayor that serves the City on a part-time basis.
Mr. Tudor felt that Council should delay action on this matter and suggested that the City Manager applicants be apprised of the issues that are being considered.
Taking into consideration the concern of those applying for the City Manager position, Mr. Levitt felt that the committee should also consider the hiring and firing process of the City Manager.
Mr. Salters felt that members should consider the Chain of Command for all City departments so that those applying for the City Manager's position will be apprised of those departments that would report to the City Manager.
Although the City is in the process of seeking a new City Manager, several members felt that these issues are very important and need careful review. It was suggested that a separate meeting be held to discuss all concerns.
The committee recommended that the City of Dover amend the Table of Organization to require the City Manager to report directly to the Mayor with the Mayor to be responsible to the citizens and City Council (with Mr. Daisey opposed).
After discussing other issues relative to the form of government, the committee tabled any further discussion on other issues related to the form of government other than the proposal for the City Manager reporting to the Mayor. (Mr. Salters was opposed).
Mr. Levitt suggested that a Special Council Meeting be scheduled to further discuss the City's form of government.
Mr. Lambert stated his feeling that this is too important of an issue to make quickly simply because we are in the process of hiring a City Manager. He suggested that Council set a proposed time frame in which to deal with all aspects of the City's form of government. Mr. Lambert suggested that all aspects of the City's form of government be complete by November 1993 which will allow sufficient time prior to the 1994 mayoral election.
Agreeing with Mr. Lambert, Mr. Levitt suggested that Council experiment with a proposal prior to actually changing the City's Charter to ensure that the proposal works properly.
Mr. Daisey suggested that Council move with caution on this issue since it will impact the City of Dover for many years to come.
Mr. Daisey moved to table action on the matter and that it be referred back to the Legislative and Finance Committee for further review. The motion was seconded by Mr. Pitts and unanimously carried.
Personnel Freeze - City Assessor's Office
The City Assessor has one full-time employee and one part-time employee. Mr. Lucas, City Assessor, reminded members that his full-time employee retired in November 1992, and that his part-time employee became his full-time employee; therefore, he has been without a part-time employee. Now that the tax season is beginning, Mr. Lucas felt it necessary to fill this position. Since City Council instituted a hiring freeze, he requested permission to fill the part-time employee position. He is willing to consider filling the position with a temporary employee, for the tax season, to work no more than 20 hours per week to help alleviate costs of providing benefits.
Mr. Worley reminded members that the City Manager has been authorized to regulate the hiring freeze. He stated that there are several other departments that have also requested permission to fill vacancies within their departments. Based on the information that he has obtained from Mr. Lucas, Mr. Worley recommended that the position remain frozen at this time to be reconsidered in the spring.
The committee recommended that the City Assessor be authorized to obtain a part-time employee, or explore the possibility of utilizing a temporary employee from an employment agency, for the duration of the tax season, not-to-exceed September 15th (with Mr. Daisey opposed).
Mr. Tudor reminded Council that the City Manager instituted a selective hiring freeze, not a total hiring freeze. Getting out the City's tax bills in a timely manner is a very important job. He stated that he totally supports allowing the Assessor to fill this position. Mr. Pitts and Mr. Lambert also voiced support for filling the position, with Mr. Lambert stating that it will cost approximately $5,000 to fill the position on temporary, part-time basis. He felt it is money well spent for a position that is essential to the revenues of the City.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Lambert and unanimously carried.
Although he did not agree with the motion during the committee meeting, Mr. Daisey stated that after looking into the matter further, he now supports the request.
Responding to Mr. Hare, Mr. Lucas stated that he has investigated costs and availability of someone to fill the position through local employment agencies, on a temporary, part-time basis. He has been assured that there will be no problem in securing someone to fill the position.
On a call for the question by Mr. Salters, the motion to approve the committee's recommendation was approved by a unanimous roll call vote.
Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Daisey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 9, 1993 with Chairman Daisey presiding.
Request for Annexation - 115 Nixon Lane - Daniel & Traci Emory
The committee considered a request for annexation of property located at 115 Nixon Lane, consisting of 0.5+- acres, owned by Daniel and Traci Emory.
Since the request for annexation is for a single family home, it does not require consideration by the Planning Commission. The City Planner is authorized to submit a recommendation on the annexation and zoning directly to City Council. The property is currently vacant and zoned RS (Single Family Residential) in the County. The proposed use is for a single family home. The Comprehensive Plan recommends low density single family homes for this area. The City Planner recommended approval of the annexation with a zoning classification of R-20 (Single Family Residential).
The committee recommended that an annexation referendum be held for property located at 115 Nixon Lane, owned by Daniel and Traci Emory.
Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Levitt and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
ALL that certain lot, piece or parcel of land with the improvements thereon erected situated in East Dover Hundred, Kent County and State of Delaware, lying on the east side of Nixon Lane, a short distance northwest of North Little Creek Road, being bounded on the west by Nixon Lane, on the north by lands of George I. Kinser, on the east in part by lands of Marjorie J. Chidester and in part by other lands of Floyd O. James, on the south by other lands of Floyd O. James, and being more particularly described in accordance with a recent survey by Earl D. Smith, Professional Land Surveyor, dated July 25, 1989, as follows, to-wit:
BEGINNING at a pipe in the east line of Nixon Lane at a corner for this parcel and for other lands of Floyd O. James, said point of beginning being a distance of 1157.50 feet as measured in a northwesterly direction from the intersection of the centerline of North Little Creek Road with the east line of Nixon Lane; thence running from said point of beginning with the east line of Nixon Lane North 08 degrees 25 minutes West 125.0 feet to a pipe at a corner for this parcel and for lands of George I. Kinser; thence running with said lands of George I. Kinser North 80 degrees 52 minutes East 175.0 feet to a pipe in line of lands of Marjorie J. Chidester; thence running in part with said lands of Marjorie J. Chidester and in part with other lands of Floyd O. James South 08 degrees 25 minutes East 125.0 feet to a pipe; thence continuing with said other lands of Floyd O. James South 80 degrees 52 minutes West 175.0 feet to the point and place of beginning, and containing 0.5022 acres of land, be the same more or less.
2. That the election be held on the 29th day of April, 1993 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: March 22, 1993
Request for Annexation - 1188 & 1192 Forrest Street - O'Brien & Todd
The committee considered a request for annexation of property located at 1188 and 1192 Forrest Street, owned by Dennis J. O'Brien, Jr. and Norman Todd. The property is currently used for wholesale and retail use and zoned NB (Neighborhood Business) in the County. The proposed use is for restaurant and retail purposes.
The City Planner advised members that the Comprehensive Plan recommends commercial uses for this area. The Planning Commission recommended approval of the annexation and a zoning classification of C-2A (Limited Central Commercial Zone).
The committee recommended that an annexation referendum be held for property located at 1188 and 1192 Forrest Street, owned by Dennis J. O'Brien and Norman Todd.
Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware; being all of Lots #40 and #41 as laid out in the "Country Club Estates Subdivision"; Lying on the southerly side of State Route #8 a short distance west of Bennington Street, and being more particularly bounded and described in accordance with a recent survey by Richard L. Vetter: Century Engineering Inc., Int'l., Land-Surveyors, dated April 6, 1990 as follows to-wit:
BEGINNING at a set pipe in the southerly line of State Route #8 at a corner for this lot and for the westerly line of an unopened 15.00 foot wide alley; said point of beginning being located as measured with the southerly line of State Route #8 in a westerly direction a distance of 155.00 feet from the centerline of Bennington Street; thence turning and running from said point of beginning in part with the westerly and northerly lines of said unopened 15.00 foot wide alley the following (2) courses and distances; (1) South 07 deg. 35 min. West, 200.00 feet to a set pipe; thence (2) North 82 deg. 25 min. West, 84.00 feet to a set pipe at a corner for this lot and for Lot #42 (now or late of Carroll & Emma E. Thompson) thence turning and running with Lot #42, North 07 deg. 35 min. East, 200.00 feet to a set pipe in the southerly line of State Route #8; thence turning and running with the southerly line of State Route #8, South 82 deg. 25 min. East, 84.00 feet to the point and place of beginning, and containing 16,800 square feet of land be the same more or less.
2. That the election be held on the 29th day of April, 1993 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: March 22, 1993
Vondaway Drive Water Assessment
During their meeting of January 25, 1993, Council adopted an assessment ordinance for the Vondaway Drive utility improvements project which included a front foot cost of $14.68 per foot for the water main. This assessment cost was based on an assessable cost of $13,109.91 and assessable frontage of 893.2 feet.
Staff has re-evaluated the assessment and determined that it was calculated incorrectly. There is a total of 1,313.2 front feet on Vondaway Drive. Four of these properties previously had water service available which was paid for by those residents and they cannot be assessed for this new water main. Since the project upgrades their water service, the cost should not be passed on to the remaining residents, but borne by the City. Therefore, the water assessment to the adjacent properties on Vondaway Drive should be based on a cost of $13,109.91 with a frontage of 1,313.2, or $9.98 per front foot, with the City bearing the costs for the four properties that previously had service available.
The committee recommended adoption of an ordinance that would repeal the original assessment ordinance, setting the water main assessment for Vondaway Drive at $9.98 per front foot.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried. (It is noted that the first reading of the proposed ordinance will be considered during the latter part of this meeting.)
Mudstone Branch Sewer - State Revolving Loan Schedule
Since the change in alignment of the Mudstone Branch Interceptor, the total project cost is estimated to be $10,500,000. A Revenue Bond received in 1989 included an amount of $4,199,000 for the project. Staff has evaluated alternatives for funding the remaining project costs and has determined that the State of Delaware Revolving Loan Program would cost less than a bond issue. This is due to the lower interest rate, which is currently 5% for 20 years maximum, than could be obtained on a bond issue.
In order to obtain a loan through the State program, it is necessary to complete a Facilities Plan on the project, hold a public hearing on the plan, and report the results to City Council so that a resolution can be passed adopting the plan. In order to proceed with the application for the State Revolving Loan, Council must adopt a schedule as submitted by staff.
The committee recommended approval of the following schedule:
Complete Facilities Plan February 1, 1993
Complete Environmental Assessment April 9, 1993
Public Hearing - Staff April 20, 1993
Resolution to City Council May 10, 1993
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Lambert and unanimously carried.
Evaluation of Bids - Street Resurfacing Program - Phase II
In conjunction with the 1992-1997 Capital Improvements Plan, it was proposed to resurface a total of 13 streets and three (3) alleys in the summer of 1992. Due to the timing of the bond issue, the program was divided into two phases. Phase I, which consisted of three streets and the residential and commercial alley programs, was completed in the fall of 1992. Bids were solicited for Phase II of the street resurfacing program, which includes resurfacing of 10 streets. The Engineer's estimate was $188,561.40.
The committee recommended awarding the contract to the low bidder, Tilcon Delaware, Inc., in the amount of $172,518.71.
Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Engineering Services - Tar Ditch Drainage Improvements
As a result of the 1989 Tar Ditch Drainage Basin Study, and in accordance with the 1992-97 Capital Improvement Plan, approximately 2,000 feet of new concrete pipe is proposed to be installed parallel to the existing Tar Ditch system. Proposals were received from 20 engineering firms to provide the design services for this project and three firms were selected for interviews. Staff selected Becker, Morgan, Moore, Olds & Richter and negotiated an agreement for a not-to-exceed amount of $72,400 for the design contract; however, payment will only be made for the actual time and material spent on the project. It was noted that the funds for this work are included in the 1992 General Obligation Bond Issue.
The committee recommended awarding the design contract for the Tar Ditch Drainage Improvements Phase I, to Becker, Morgan, Moore, Olds & Richter, for a not-to-exceed amount of $72,400.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Annual Purchase of Residential Meters
It is necessary to replenish the supply of single-phase residential meters. Bids were solicited for the purchase of 96 meters per month, for the next 12 months. The committee recommended awarding the bid to the low bidder, HESCO, Inc. in the amount of $31,104.
Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Lambert and carried by a unanimous roll call vote.
Update - Alternative Fuel Sources
The City of Dover Power Plant has the ability to use natural gas; however, the plant cannot run at maximum capacity. In response to a proposal submitted by Chesapeake Utilities to provide the City a direct gas line, Mr. Worley explained that the power plant does not have the capability to burn natural gas at maximum capacity, and that the pipeline does not have the capacity. Chesapeake Utilities has agreed to run a new gas line and perform a study to investigate the plant's ability to burn natural gas at maximum capacity. Upon receipt of the study, several meetings were held between the City of Dover and Chesapeake Utilities. Although it could be economical, it has been determined that several modifications are necessary in order for the power plant to utilize natural gas which could be costly. Staff will continue discussions with Chesapeake Utilities regarding this matter.
No further action was taken by the committee.
Mr. Tudor questioned staff's statement that many changes would be required to utilize natural gas at McKee Run. He stated that the plant was made to use either natural gas or oil and should not require modifications for natural gas use. Ms. Swain stated that the plant has been modified several times since it was originally constructed. The modifications have provided for the plant to operate extremely efficiently with the use of fuel at the highest megawatts possible. In order to run as efficiently on gas, a major retrofit of the furnace would be required.
Council took no action.
Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Levitt and unanimously carried.
ANNUAL REPORTS
Responding to questions by Mr. Hare, Fire Chief Baker stated that the Robbins Hose Company is rated as high as possible for a volunteer fire company in the State of Delaware. He stated that the only way to get a better rating is to go to a paid fire service. Utilization of a volunteer fire service is saving the taxpayers approximately $1.6 million per year.
By motion of Mr. Lambert, seconded by Mr. Hare, the 1992 Annual Report of the Fire Chief was unanimously accepted.
By motion of Mr. Hare, seconded by Mr. Daisey, the 1992 Annual Report of the Inspections/Planning Department was unanimously accepted.
MONTHLY REPORTS - FEBRUARY
By motion of Mr. Salters, seconded by Mr. Daisey, Council unanimously accepted the following reports for the month of February:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Managers Report
General Fund, Cash Receipts & Budget Reports
Water/Sewer Fund, Revenue & Budget Reports
Electric Revenue Fund, Revenue & Budget Reports
Improvement and Extension Fund, Cash Receipts & Budget Reports
Internal Service Fund, Revenue & Budget Report
APPOINTMENTS - DDDC - THREE YEAR TERMS EXPIRING APRIL 23, 1996
Mayor Aaron O. Knopf recommended reappointment of the following members to the Downtown Dover Development Corporation, for a three year term, to expire on April 23, 1996:
Karl Dorzback
Debbie Flayhart
Jerry Records
Mr. Hare moved for approval of the reappointments, as recommended by Mayor Knopf. The motion was seconded by Mr. Lambert and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Daisey moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Hare and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of April 12, 1993.
Mr. Daisey moved for acknowledgement of the first reading, by title only, of the following proposed ordinances, seconded by Mr. Hare and unanimously carried:
A. SECTION 14-15 - SMOKING REGULATIONS (Amendment)
B. VONDAWAY DRIVE ASSESSMENT
FINAL READING - PROPOSED ORDINANCES (CHARTER CHANGES)
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of March 8, 1993. Mr. Lambert moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
City Charter - Section 42 and Section 45
Mr. Levitt moved for adoption of the following ordinances, which is a request to the General Assembly for a change to the City of Dover Charter. The motion was seconded by Mr. Daisey and by a roll call vote of six (6) yes, two (2) no (Mr. Salters and Mr. Christiansen) with Mr. Leary absent, Council adopted the following ordinances:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Council recommends to the General Assembly of the State of Delaware that its Charter be amended as follows:
Sections 42 and 45 of the Charter shall be amended by striking the name of the Mayor in signing warrants and by inserting in lieu thereof the name of the City Treasurer, which sections as amended shall read as follows:
Section 42. City Treasurer; [signing of warrants.]
He shall pay out no money except upon warrant signed by the City Manager and countersigned by the City Treasurer.
The City Treasurer and the City Manager shall sign no warrants on the City treasury except pursuant to appropriations or resolutions thereof made by the Council.
Section 45. Payment of claims; issuance of warrants after approval of city manager; reports by manager thereon to Council.
No claim against the City shall be paid except on an order on the Treasurer, signed by the City Manager and approved and countersigned by the City Treasurer. The City Manager shall examine all payrolls, bi