COUNCIL COMMITTEES
The Council Committees Meeting was held on March 9, 1993, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Daisey, Mr. Levitt, Mr. Salters, Mr. Pitts, Mr. Hare, Mr. Lambert, Mr. Tudor and Mayor Knopf. Mr. Leary was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #3, Resolution FCC Rollback Rates on Cable Television, to the Legislative and Finance Committee agenda. Mr. Daisey requested the addition of item #7, Update on Alternative Fuels, to the Utility Committee agenda. Mr. Salters requested the addition of an Executive Session for Legal Matters at the conclusion of the Council Committees Meeting. By request of Mr. Hare, Council President Christiansen requested the addition of item #4, Personnel Matter - Assessor's Office, to the Legislative and Finance Committee agenda. Mr. DePrima, City Planner, requested the addition of item #1A, Request for Annexation, to the Utility Committee agenda.
Mr. Salters 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 Chairman Levitt presiding. Councilman Salters was present. In the absence of Councilman Leary and Mr. Hindman, Council President Christiansen and Councilman Daisey were deputized to serve as members.
PROPOSED SMOKING ORDINANCE AMENDMENTS
During their Regular 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 stated that members of the Restaurant Association relayed concern 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."
Mr. Salters moved to recommend approval of the amendments to the smoking ordinance, as amended (Attachment #1). The motion was seconded by Council President Christiansen and unanimously carried.
RESOLUTION - FCC ROLLBACK RATES - CABLE TELEVISION
During the National League of Cities Convention recently held, Mr. Lambert stated that he 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, Mr. Lambert stated that 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.
Council President Christiansen moved to recommend support of a Resolution, as recommended by Mr. Lambert, and that the City Solicitor pursue the legality of the rate increase that was instituted by our local cable company. The motion was seconded by Mr. Salters 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.
Considering that 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.
Council President Christiansen moved to recommend that the City of Dover amend the Table of Organization to require the City Manager to report directly to the Mayor and the Mayor to be responsible to the citizens and City Council. The motion was seconded by Mr. Salters.
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.
Relaying concern, Mr. Worley felt that the City's form of government should be considered as a full package. He advised members that there has been a wealth of research done regarding these issues and suggested that Council contact Professor Jerome Lewis of the University of Delaware. As a City Manager, Mr. Worley advised members that a City Manager's concerns will always be directed to the party or individual who hires and fires, no matter who he is responsible to report to.
On a call for the question by Mr. Levitt, the motion was carried with Mr. Daisey opposed.
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.
After discussing other issues relative to the form of government at length, Council President Christiansen moved to table any further discussion, seconded by Mr. Daisey and carried with Mr. Salters opposed.
Mr. Levitt stated that, upon receiving Council's consent, a special meeting will be scheduled to further discuss the City's form of government.
PERSONNEL FREEZE - CITY ASSESSOR'S OFFICE
Mr. Chappy Lucas, City Assessor, stated that he has one full-time employee and one part-time employee. He 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 stated that it is necessary to fill this position. Since City Council instituted a hiring freeze, he requested permission to fill the part-time employee position.
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.
Mr. Daisey moved to recommend that the City Manager be authorized to continue to monitor the situation. The motion failed for the lack of a second.
Responding to Mr. Hare, Mr. Lucas stated that 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.
Council President Christiansen moved to recommend 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. The motion was seconded by Mr. Salters and carried with Mr. Daisey opposed.
Mr. Salters moved for adjournment, seconded by Council President Christiansen and unanimously carried.
Meeting Adjourned at 8:20 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert and Mr. Carey.
REQUEST FOR ANNEXATION - 115 NIXON LANE - DANIEL AND 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.
Mr. DePrima, City Planner, stated that since the request for annexation is for a single family home, this matter has not been considered by the Planning Commission. He reminded members that the City Planner has been authorized to submit a recommendation on the annexation and zoning directly to City Council. He advised members that 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).
Mr. Lambert moved to recommend that an annexation referendum be held for property located at 115 Nixon Lane, owned by Daniel and Traci Emory (it is recommended that the referendum be set for April 29, 1993). The motion was seconded by Mr. Pitts and unanimously carried (Resolution - Attachment #2).
REQUEST FOR ANNEXATION - 1188 & 1192 FORREST STREET - DENNIS J. O'BRIEN AND NORMAN 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.
Mr. DePrima, 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).
Mr. Pitts moved to recommend that an annexation referendum be held for property located at 1188 and 1192 Forrest Street, owned by Dennis J. O'Brien and Norman Todd (it is recommended that the referendum be set for April 29, 1993). The motion was seconded by Mr. Lambert and unanimously carried. (Resolution - Attachment #3).
VONDAWAY DRIVE WATER ASSESSMENT
During their Regular 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. Mr. Dave Braun, Assistant Public Works Director, explained that 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 so that they could not 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. Staff 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. Pitts moved to recommend approval of staff's recommendation (Attachment #4), seconded by Mr. Carey and unanimously carried.
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, Mr. Worley explained that 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, staff 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. Carey moved to recommend acceptance of staff'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. Staff provided members with a list of the ten streets that are included in Phase II. Bids were solicited for Phase II of the street resurfacing program. The Engineer's estimate was $188,561.40. Staff recommended awarding the contract to the low bidder, Tilcon Delaware, Inc., in the amount of $172,518.71.
Mr. Lambert moved to recommend approval of staff's recommendation, seconded by Mr. Carey and unanimously carried.
ENGINEERING SERVICES - TAR DITCH DRAINAGE IMPROVEMENTS - PHASE I
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. Staff received 20 proposals from 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.
Mr. Pitts moved to recommend 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. The motion was seconded by Mr. Carey and unanimously carried.
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. Staff recommended awarding the bid to the low bidder, HESCO, Inc. in the amount of $31,104.
Mr. Lambert moved to recommend approval of staff's recommendation, seconded by Mr. Carey and unanimously carried.
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. Lambert moved to adjourn into executive session to discuss legal matters, seconded by Mr. Daisey and unanimously carried.
Meeting Adjourned at 9:00 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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