COUNCIL COMMITTEES
The Council Committees Meeting was held on December 15, 1992, 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, Mr. Tudor and Mayor Knopf.
AGENDA ADDITIONS/DELETIONS
There were no additions or deletions made to the agenda. Mr. Levitt moved to approve the agenda as submitted, seconded by Mr. Leary and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilmen Lambert and Leary.
PLANS - WEST DOVER FIRE STATION (MR. TUDOR)
As referred by the Legislative and Finance Committee during their meeting of November 24, 1992, Mr. Tudor was given the opportunity to make a full presentation of his proposal for a West Dover Fire Station. His presentation included diagrams of pre-engineered buildings, detailed plans and projected costs, and pictures of other fire companies utilizing metal buildings. As an example, he advised members that the Goldsboro Volunteer Fire Company constructed a metal building for their new fire station in 1985 at a cost of $162,594. Mr. Tudor submitted details on the construction of a metal building at a cost of $150,000. He reminded members that this fire station would be an auxiliary unit to the Robbins Hose Company. He also submitted details on a proposal obtained from U.L. Harmon to construct a metal building at a cost of $238,000. Although it may be desirable to have a fire station in west Dover, it was Mr. Tudor's feeling that it is not critical at this time. In order to alleviate any tax increase to citizens, Mr. Tudor suggested that he be given the opportunity to begin a fund drive to obtain the funds necessary to construct a West Dover Fire Station.
At the request of Mayor Knopf, Mr. Tudor agreed to accept chairmanship for a fund drive for a West Dover Fire Station. Mayor Knopf stated that not only is a West Dover Fire Station critical, it was his feeling that there is now a desperate need for one. It was also his opinion that it would be more than an auxiliary unit to the Robbins Hose Company.
Mr. Lambert stated that he must respect the opinions of the fire department's volunteers. It was his feeling that a fire department must serve the purpose of attracting volunteers, otherwise, it could become a paid fire company. He also relayed concern with the maintenance and life expectancy of a metal structure compared to a conventional building.
Mr. Hare advised members that there are three towns that are relatively close to Dover in size (Salisbury, Newark, and Elkton) which have three fire stations. He noted that $50,000 is already appropriated in the budget for the Robbins Hose Company. Mr. Hare suggested that an additional $10,000 be allocated to the Robbins Hose Company to allow them to obtain the necessary funds to construct a West Dover Fire Station. He explained that any funds that are derived from the fund drive headed by Mr. Tudor would ultimately go towards the costs for the new fire station.
Mr. Hare moved to recommend that the City increase their appropriation to the Robbins Hose Company to $60,000 for the 1993/94 budget. The motion was seconded by Mr. Leary and carried with Mr. Lambert opposed.
SPEED LIMIT - WALKER ROAD
Chief Hutchison advised members that the Department of Transportation was contacted by Ms. Johnii K. Bothell of Wyoming, requesting that the speed limit on Walker Road be increased from 25 mph to 35 mph. In accordance with the standard methods of determining speed limits, DelDOT performed radar speed studies at three locations along Walker Road, reviewed the roadside culture and noted the area covered by the school speed limit of "20 mph when children are present" zones. DelDOT agreed that the speed limit should be increased and is considering the following two options:
1)A single 30 mph zone between Governors Avenue and the railroad tracks;
2)A 25 mph zone on the west end of the area, and a 35 mph zone on the east end of Walker Road.
Staff recommended that the single 30 mph speed zone between Governors Avenue and the railroad track be instituted.
Responding to Mr. Hare, Chief Hutchison stated that although Walker Road is a state maintained road and that they could change the speed limit without the City's permission, DelDOT has submitted this matter to the City for consideration.
Council President Christiansen relayed his concern with the request stating that there are several schools located on Walker Road that children walk from and to everyday, as well as a church and convenience store. He also stated that Walker Road is adjacent to two residential neighborhoods.
Mr. Lambert moved to recommend denial of the request and that the speed limit on Walker Road remain at 25 mph. The motion was seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:57 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Levitt presiding. Members present were Councilmen Salters and Leary and Mr. Hindman.
FUNDING FOR MECHANICAL DRAWINGS AND SPECIFICATIONS - WEST DOVER FIRE STATION AND POLICE STATION EXPANSION
During the committee meeting of November 27, 1992, staff was directed to obtain details on the funding of mechanical drawings and specifications for a proposed West Dover Fire Station and Police Station Expansion, to be presented back to the committee for their review and recommendation.
West Dover Fire Station
Taking into consideration the action taken by the Safety Advisory Committee, Mr. Leary moved to delete consideration of funding for mechanical drawings and specifications for the West Dover Fire Station, stipulating that this matter be considered in the future should the need arise. The motion was seconded by Mr. Hindman and unanimously carried.
Police Station
Mr. Worley explained that the bid specifications will require the complete design of the facility. The design and preparation of bid specifications for the Police Station Renovation/Expansion is estimated to be between $200,000 and $300,000. Mr. Worley stated that an architectural firm has not been selected. However, should Council approve the project, an architectural firm could be selected by May 1, 1993. It was his feeling that staff could negotiate with the firm to start the project on May 1, 1993 and delay the first billings until July 1993. Although this year's budget would not be affected, Mr. Worley stressed that $200,000 to $300,000 will impact next year's General Fund budget. Should it be Council's intention to have full specifications ready for bid as soon as possible, staff recommended that an architect be hired this year with billings to occur next year.
Mr. Daisey relayed concern with appropriating funds for an item that was previously included in a referendum that failed.
Responding, Mayor Knopf felt that the residents were concerned with the lack of concrete project cost estimates. Taking into consideration recent meetings that have been held regarding this issue, it was his opinion that citizens now support the proposed Police Station Renovation/Expansion. Mayor Knopf also reminded members that the present condition of the Police Station does not meet City building codes. It was his feeling that Council has allowed certain aspects of the City to deteriorate merely to avoid a tax increase and that it can no longer be delayed.
Mr. Leary moved to recommend that staff be authorized to hire an architect this year for the design and specifications for the proposed Police Station Renovation/Expansion, with billings to occur next year. The motion was seconded by Mr. Salters and unanimously carried.
CLOSING OF ELECTRIC CONSTRUCTION FUND
In 1990, the City issued $29.8 million of Electric Revenue Bonds, of which $17 million was utilized for the new 40 MW turbine. Mr. Mike Karia, Finance Director, advised members that construction of the turbine has been completed, bills have been paid and the engineering services items have been resolved. He stated that the bond money for construction of the turbine was put in a special fund, which currently has a balance of $1,481,521. In accordance with the provisions of the Internal Revenue Service (IRS), it has been determined that no amount is due to the IRS on the interest earned on this account. Although it is not expected, should any future payments be necessary in the next three years, they will be budgeted in the Electric Operating Fund. In order to close this construction fund, staff recommended approval of the following action:
1)That the amount in the Construction Fund and the interest earnings, until the date of transfer, less the amount to be paid for IRS rebate calculations ($3,675), be transferred to the Electric Improvement and Extension Fund.
2)This amount to then be used for electric production, distribution, transmission and engineering improvements and extensions.
3)The 1992/93 revenue estimates for the Electric Improvement and Extension Fund be revised to include the final amount of this transfer.
4)The 1990 Electric Bonds Construction Fund be officially closed on the City's books.
Mr. Leary moved to recommend approval of staff's recommendation, seconded by Mr. Salters and unanimously carried.
ASSESSMENT ADMINISTRATOR POSITION - FREEHOLDER REQUIREMENT
In 1985, an Assessment Administrator position was created in the Assessor's Office. Since there was a freehold (land ownership) requirement for both the Assessor and the Assistant Assessor, that requirement was automatically incorporated into the job description of Assessment Administrator position.
Responding to Mr. Hindman, City Assessor Lucas stated that according to the City Charter, the City Assessor is the only position that has the freehold requirement. However, the freehold requirement has been incorporated into the job descriptions for the Assistant Assessor and Assessment Administrator. Mr. Lucas explained that the Assessment Administrator is a clerical position in the Assessor's Office and that the necessity of land ownership has proven to be unwarranted and unrealistic and recommended that the freehold qualification be eliminated as a requirement for the Assessment Administrator position. He assured members that the City Solicitor has reviewed the matter and agrees that the freehold requirement should be eliminated from the job description.
Mr. Salters moved to recommend that the freehold qualification be eliminated as a requirement in the job description for the Assessment Administrator position, seconded by Mr. Leary and unanimously carried.
In response to Mr. Lucas' request to proceed with the interview process for an Assessment Administrator position, members suggested that the Assessor work with the City Manager on this matter.
PROPOSED AMENDMENTS TO SMOKING ORDINANCE
Mr. Daisey reminded members that, during several meetings held recently, citizens offered suggestions to improve the current smoking ordinance. He stated that special concern was relayed relative to the protection of children from second hand smoke in fast food restaurants. In an attempt to provide citizens more protection from this serious health problem, Mr. Daisey submitted the following proposed amendments for the committee's review:
1)Fast food restaurants and those with a seating capacity of less than 35 persons shall be smoke free.
2)"Rooms for private use" should be amended to allow the user the option to declare for smoking or non-smoking.
3) Smoking shall be prohibited in the lobby or reception area of restaurants and restrooms used by the public.
4) Lobby or common areas of indoor malls and restrooms open to the public shall be smoke free.
5) Improve signage so patrons can readily determine the non-smoking area from the smoking area.
Mr. Hindman moved to recommend denial of the proposed amendments to the current smoking ordinance, seconded by Mr. Salters.
Mr. Hare felt that stricter enforcement of the current smoking ordinance would address most concerns that have been expressed.
Taking into consideration that the recommended amendments are being made for safety reasons, it was Mr. Tudor's feeling that if designated areas are not provided for smokers, they will be forced to go outside and in areas that could be dangerous.
It was Mr. Leary's feeling that it was a matter of interpretation of the testimony given by citizens as to whether the public felt there was a need to change the current smoking ordinance.
After a considerable amount of discussion, Mr. Leary called for the question and the motion to recommend denial of the proposed amendments to the current smoking ordinance was carried with Mr. Levitt voting no.
1993 HOLIDAY SCHEDULE
Each year, City Council approves holiday schedules for City employees. The 1993 holiday schedules were submitted for the committee's review. The schedules coincide with the State and Federal Governments and are in accordance with the personnel policy and bargaining agreements.
Mr. Salters moved to recommend approval of the City of Dover 1993 Holiday Schedule for Police (Attachment #1) and Civilian (Attachment #2), seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:50 P.M.
Council President Christiansen called for a five (5) minute recess.
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.
PARKS AND PLAYGROUND DEDICATION - WESTOVER VILLAGE - PHASE I
In accordance with Article VI, Section F-2 of the Subdivision Regulations, members considered accepting a $44,050 donation in lieu of dedication of parkland for Westover Village, Phase I, as recommended by the Planning Commission.
Mr. Hare referred to a letter presented by Mr. George F. Gardner, III, Attorney representing Mr. Frank Robino, Jr., equitable owner of Village of Westover Subdivision, which states objections to the Planning Commission's recommendation.
Mr. Hare moved to table the matter until City Solicitor Rodriguez has had an opportunity to render an opinion on the issues outlined in the letter. The motion was seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 9:05 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert and Mr. Carey.
ANNEXATION REQUEST - PARIS INVESTMENTS - TWO PROPERTIES LOCATED ON NORTH LITTLE CREEK ROAD
The committee considered a request for annexation of two properties located on North Little Creek Road, consisting of 43.3+/- acres, owned by Paris Investments. The property includes the M & S Mobile Home Park and 39 acres of vacant land. The property is currently zoned RMH (Residential Mobile Home Park) in the County.
Mr. Tony DePrima, City Planner, advised members that the property was recently approved by the Kent County Planning Commission for a 168 unit mobile home park that would be served by a central septic system. The City's Comprehensive Plan for the area recommends low density residential development as single family detached housing with lots of at least 8,000 sq. ft. Mr. DePrima explained that since the project has been approved in the County, the Planning Commission considered whether the mobile home park would be better in the City and controlled by City ordinances or to have the mobile home park on the City's edge and outside of the City's complete jurisdiction. If the project is constructed in the County, the City would still provide fire, limited police, and electric services. Given these facts, the Planning Commission recommended annexation of the property with a zoning classification of MHP (Mobile Home Park).
Noting that annexation of the properties would create an island, some members felt that staff should contact adjacent property owners for the possibility of annexation. Responding to Mr. DePrima, members suggested that staff proceed with this annexation and that a report be given on the desires of the adjacent property owners at a later meeting.
Mr. Lambert moved to recommend that an annexation referendum be held for properties located on North Little Creek Road, owned by Paris Investments (it is recommended that the referendum be set for February 11, 1993). The motion was seconded by Mr. Carey and unanimously carried (Resolution - Attachment #3).
VONDAWAY DRIVE - SPECIAL ASSESSMENTS
In conjunction with the 1987-1992 Capital Improvements Plan, a total of 3,007 feet of 8-inch sewer main was installed in Acorn Lane, White Oak Road, and Vondaway Drive. The final cost of the sewer project was $237,307.03. With a total of 4,851.52 feet of assessable frontage, $194,060.80 will be assessed to the property owners. Along with this project, 652 feet of 6-inch water main was installed in Vondaway Drive. The final cost of the water project was $13,112.18. With a total of 893.2 feet of assessable frontage, the assessment charge will be $14.68 per front foot. Staff provided members with a map depicting the area and a list of those property owners and their proposed assessments.
Staff recommended adoption of an ordinance providing for a front foot charge of $40 to be assessed to the property owners along Acorn Lane, White Oak Road and Vondaway Drive, and a front foot charge of $14.68 to be assessed to the property owners along Vondaway Drive. Upon adoption of the ordinance, staff will send the assessment notices to the owners of the properties affected. In accordance with Section 18.7-7 of the Dover Code, property owners may file a written notice of appeal of the assessment, at which time a hearing will be scheduled.
Mr. Braun noted that during the first public notice for this project, the property owner of Acorn Lane Apartments, Inc., objected to any assessments that would be levied. He explained that the sewer main installed by Acorn Lane Apartment for Independence Village was installed to serve the entire site and that this project would provide no benefit to the owner. Staff has contacted the City Solicitor and recommended that the assessment on Acorn Lane Apartments, Inc. be deferred until the property is developed and a determination is made as to whether the property will utilize this main. Mr. Braun stated that the proposed ordinance includes this provision.
Mr. Carey moved to recommend adoption of the proposed ordinance (Attachment #4), as recommended by staff. The motion was seconded by Mr. Lambert and unanimously carried.
IMPACT FEE ORDINANCE
During the implementation of the impact fee ordinance in 1987, the calculation of the amount to be charged per Equivalent Dwelling Unit (EDU) was based on the total cost of the revenue bonds to be covered ($4,122,000) and the total number of EDU's expected to be built during the first ten years of development (3,500). These figures were based on the growth and projects projected in the 1987 Wastewater System Master Plan. Since commencement of impact fees in fiscal year 1989 through October 31, 1992, a total of 1,218 EDU's have been collected by the City for impact fees.
In reviewing this ordinance, staff has realized that one large user could be forced to pay an inordinate amount in an impact fee under the current regulations. Mr. Braun stated that this possibility was not considered during the implementation of the ordinance. In order to assure that the impact fee does not discourage commercial or industrial growth in the City, staff suggested that a cap of 100 EDU's (or approximately one-third of the annual budget) be instituted. Mr. Braun advised members that, to date, the budget is being met with only the normal residential and commercial construction. Staff recommended that Section 22, Article V of the Dover Code be amended to limit the number of EDU's that could be charged for any one building permit.
Mr. Lambert moved to recommend approval of staff's recommendation (Attachment #5), seconded by Mr. Carey and unanimously carried.
WAIVER OF PUBLIC STREET REQUIREMENT - COLLEGE BUSINESS PARK
Members considered a request from Bay Developers, Inc., to waive the public street requirement for the proposed College Business Park Subdivision located on the north side of College Road.
Mr. DePrima stated that in accordance with Article VI, Section E5, of the Land Subdivision Regulations, all lots in a subdivision shall have frontage on a public street. The proposed College Business Park will consist of ten lots, only one of which will front on College Road. The remaining lots in the subdivision will front on a proposed private right-of-way to be known as College Park Drive. Mr. DePrima stated that the developers have submitted a condominium agreement which addresses the responsibility of future maintenance of the private right-of-way or road designated College Park Drive. The Planning Commission recommended approval of the proposed College Business Park Subdivision, with the condition that a waiver of public street requirement is granted in accordance with Article VII, Section A1 of the Land Subdivision Regulations.
Mr. DePrima advised members that the City Solicitor has reviewed the condominium agreement, as well as the requirements of the Unit Properties Act, 25 Del. C. s2201. The Delaware Unit Property Act requires that a Declaration and a Code of Regulations be recorded. City Solicitor Rodriguez recommended that approval be handled, as follows: 1) that reasons be given for the approval of the waiver of public street requirement; and 2) that the waiver be conditional upon the developer assuring that College Park Drive will be constructed in accordance with the specifications, and thereafter, be maintained by the lot owners in accordance with a declaration filed by the developer under the provisions of the Delaware Unit Property Act so that College Park Drive will be a common element for use and maintenance of all lot owners in the subdivision in accordance with this Act, 25 Del. C. s2201, et seq.
Mr. Lambert moved to recommend approval of waiving the public street requirement, as requested by Bay Developers, Inc., for the proposed College Business Park Subdivision located on the north side of College Road, based on the following:
1) The project began as a private development and then became a subdivision.
2) Conditional upon the developer assuring that College Park Drive will be constructed in accordance with specifications and, thereafter, be maintained by the lot owners in accordance with a declaration filed by the developer under the provisions of the Delaware Unit Property Act so that College Park Drive will be a common element for use and maintenance of all lot owners in the subdivision in accordance with this Act, 25 Del. C. s2201, et seq.
The motion was seconded by Mr. Carey and unanimously carried.
EVALUATION OF BIDS - WELLS AND TRANSMISSION MAINS
In conjunction with the development of a new well field east of Dover, bids were solicited for the installation of transmission mains and seven (7) wells. This project will provide the necessary equipment and materials to bring the water from the wells to the treatment plant. The low bid was received from Eastern States Construction Services, Inc. in the amount of $1,011,389.90. The Engineer's estimate was $1,400,000. Staff recommended awarding the contract to the low bidder.
Mr. Pitts moved to recommend that the contract for the installation of transmission mains and wells be awarded to Eastern States Construction Services, Inc., in the amount of $1,011,389.90. The motion was seconded by Mr. Lambert and unanimously carried.
ENGINEERING SERVICES - MCKEE RUN WATER SUPPLY STUDY
In conjunction with the 1992-97 Capital Improvements Plan, it was proposed to study the existing water supply to the McKee Run Power Plant and determine the best method of providing the plant with the required water. Proposals were solicited to provide the engineering services. Staff interviewed the top three firms, and negotiated an agreement for an amount not-to-exceed $106,200. The study will include all work up to a construction contract, including evaluation of the existing wells and well field, determination of ability of the groundwater aquifer to be expanded, drilling and testing of monitoring and test wells, and evaluation of continuing to use the water from the City's deep wells. Staff recommended awarding the contract to Whitman, Requardt and Associates for an amount not-to-exceed $106,200.
Mr. Carey moved to recommend approval of staff's recommendation, seconded by Mr. Pitts and unanimously carried.
QUARTERLY FUEL ADJUSTMENT REVIEW
The City reviews its fuel adjustment projections on a quarterly basis and modifies the fuel adjustment in December on a levelized basis for the next calendar year. The current fuel adjustment is set at -$0.004 per KWH, which was set to refund a surplus over the $1,000,000 minimum reserve level established for the fund. This surplus was created when the actual oil prices were less than the projected prices in 1991.
The current cost for high sulfur oil (3%) is $17.65 a barrel ($0.42/gallon). The current cost for low sulfur oil (1%) is $20.25 a barrel ($0.48/gallon). This represents an increase of 14% in the price for low sulfur oil. During the past few months, the City has conducted an extensive analysis of its plant operations and has decided to exclusively use low sulfur oil to enhance plant operations and minimize the impact of plant emissions in the local environment. It is projected that the price of oil will increase during 1993 to $21.75 a barrel ($0.518/gallon).
Staff recommended that the fuel adjustment be set at $0.01065 per KWH for bills rendered on or after January 1, 1993. Ms. Swain explained that there are three major factors in making this recommendation, as follows: 1) the City has refunded a large portion of the 1991 fuel fund surplus, which is now concluding; 2) the utilization of high sulfur oil to low sulfur oil immediately results in a 14% increase in fuel oil costs; and 3) the overall price of oil is projected to increase by 7.5% in 1993. With an increase of 21.5% for the price of fuel, it is necessary to increase fuel revenue by 1.465 cents per KWH billed. Ms. Swain stated that an average monthly residential bill of 1,000 KWH will increase from $76.63 to $91.30, which is a 19% increase.
Mr. Lambert moved to recommend that the fuel adjustment be set at $0.01065 per KWH for bills rendered on or after January 1, 1993, seconded by Mr. Pitts and unanimously carried.
Noting that the committee's recommendation will be presented to Council for final approval after January 1, 1993, there was a consensus from those members of Council present to proceed with this action as requested by staff (Council President Christiansen and Mr. Hare were absent).
Members urged staff to explain to the public that this is an increase in the fuel adjustment and not a rate increase. They also requested that the public be advised of this increase as soon as possible.
Meeting Adjourned at 10:05 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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