COUNCIL COMMITTEES
The Council Committees Meeting were held on November 26, 1991, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Weyandt, Mr. Daisey, Mr. Levitt, Mr. Lynn, Mr. Salters, Mr. Pitts, Mr. Lambert and Mayor Richter. Councilman Hare was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Levitt requested that item #5A on the Utility Committee agenda be deleted and that "Conversion of Trash Truck" be added in its place. Mr. Lambert requested the addition of item #5A-1, to discuss trash containers. Prior to convening into the Legislative and Finance Committee, Mr. Lynn requested permission to clarify a motion made by Council during their meeting of November 25, 1991. Mr. Worley requested the addition of an executive session for personnel and legal matters at the adjournment of the Council Committees Meeting.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
PRESENTATION - KENT COUNTY TOURISM CORPORATION
Ms. Mary Skelton, Director of Kent County Tourism Corporation, gave members a brief presentation on tourism and the positive effects it can have on a community. She cited several tourist attractions that are located within the City of Dover. Ms. Skelton requested the City's support and endorsement of the Corporations efforts and for the possibility of financial support in the future.
Mayor Richter relayed his appreciation to the Kent County Tourism Corporation and felt that Ms. Skelton has made a big impact on their success.
COMMENTS BY MR. LYNN - MOTION OF NOVEMBER 25, 1991
Mr. Lynn explained that when Council made a motion during their meeting of November 25, 1991 to increase the Police Department's manpower, an error was made when the authorized strength was set at 75 officers. He advised members that the current authorized strength is 74 officers. Mr. Lynn stated that, effective January 1, 1992, Council approved a total of four (4) additional employees for the Police Department, three (3) police officers and one (1) civilian employee; therefore, the total authorized strength of the City of Dover police personnel should be set at 77 officers.
By request of Council President Christiansen, it was the consensus of Council that the Official Minutes of their Regular Meeting of November 25, 1991 reflect Mr. Lynn's correction and that the authorized strength of the City of Dover police personnel be set at 77 officers.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Weyandt presiding. Members present were Mr. Lynn and Mr. Leary. Mr. Hare was absent.
Route #8 Corridor Study Plan
Members of City Council and the Planning Commission held a public hearing on August 21, 1991 on the Delaware 8, McKee, Saulsbury, and Kenton Road Corridor Study as prepared by LDR International, Inc. During their meeting of September 21, 1991, the Planning Commission recommended that City Council adopt the Study.
Although staff did not recommend adoption of the entire Study at this time, it was recommended that the "Proposed Land Use Plan", as depicted on page 10 of the Study, be adopted as the official amendment to the 1986 Comprehensive Plan. Mr. DePrima, City Planner, provided members with maps depicting the proposed land use change to the 1986 Comprehensive Plan. He advised members that adoption of that portion of the Study as an amendment to the 1986 Plan would have the following two positive effects: 1) City Council and the Planning Commission could use the Land Use Plan when considering rezoning requests in the Corridor; and 2) it will authorize staff to begin developing zoning code amendments for setbacks, parking, access, signs, open space, landscaping, screening, and lot configuration. Mr. DePrima explained that staff will develop the zoning code amendments based on the Study and that a public hearing will be required prior to their adoption.
Responding to Mr. Weyandt, Mr. DePrima assured members that by amending the 1986 Comprehensive Plan, zones would not be automatically changed and that it would only be referred to when considering rezoning requests.
Mr. Leary moved to recommend adoption of the "Proposed Land Use Plan", as depicted on page 10 of the Delaware 8, McKee, Saulsbury, and Kenton Road Corridor Study prepared by LDR International, Inc., as an official amendment to the 1986 Comprehensive Plan. The motion was seconded by Mr. Lynn and unanimously carried.
Sign Ordinance Amendments
During a public hearing held on May 13, 1991, Council tabled action on various amendments to the zoning ordinance pertaining to sign regulations due to concerns of Mayor Richter. Mr. DePrima assured members that all of the Mayor's concerns have been satisfied and recommended that the amendments be adopted.
Mr. Lynn moved to remove the item from the table, seconded by Mr. Leary and unanimously carried.
In addition to the above amendments, Mr. DePrima advised members that there are two additional proposed amendments that pertain to the Non-Conforming and Supplementary Sign Regulations. He explained that the additions to the Supplementary Sign Regulations will simply codify department policies that already exist. The replacement of the Non-Conforming Sign Regulations repeal sections that the Department has never enforced, and replaces them with enforceable non-conforming sign regulations that are commonly found in the zoning ordinance.
As indicated in the committee minutes of March 26, 1991, the Planning Commission has reviewed the proposed amendments and recommended their support and concurrence with the amendments. Mr. Petit de Mange, Assistant Planner, gave a presentation that described the proposed amendments in detail. Staff recommended approval of the proposed sign regulation amendments and that a public hearing be held.
In response to Mr. Levitt, Mr. Petit de Mange stated that the proposed amendments do not address aesthetics; however, he advised members that there are recommendations included in the Route 8 Corridor Study relative to aesthetics that staff plans to implement throughout the City.
Mr. Lynn moved to recommend approval of the proposed amendments to the RG-O, CP-O, and C-4 districts sign regulations and the non-conforming and supplementary sign regulations (Attachment #1) and that a public hearing be held to receive comments. The motion was seconded by Mr. Leary and unanimously carried. (It is recommended that a public hearing be set for January 13, 1992 at 7:30 p.m.)
Review of Senior Citizen Property Tax Discount
During their meeting of November 13, 1991, members of the committee requested that the City Assessor provide information pertaining to the City's senior citizen property tax discount.
Mr. Chappy Lucas, City Assessor, advised members that the last change to the City's senior citizen discount policy was made in 1990, which provided qualifying senior citizens a property tax discount of up to $18,000. To qualify, a single individual cannot earn in excess of $8,250, or a couple in excess of $14,100. With the current interest rates being low and interest income declining, Mr. Lucas stated that there is actually an increase in the number of people qualifying for the exemption. He also advised members that changes to the assessment exemption amount are usually only changed after a revaluation. Mr. Lucas recommended no changes to the current income limit and exemption amount for senior citizen property tax discounts.
Mr. Leary moved to recommend that no changes be made to the income limit and exemption amount for senior citizen property tax discounts at this time, seconded by Mr. Lynn and unanimously carried.
City Manager's Monthly Report - October
The committee reviewed various sections of the City Manager's Report for the month of October, but took no official action.
Mr. Lynn moved to recommend acceptance of the City Manager's Report, seconded by Mr. Leary and unanimously carried.
Mr. Lynn moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:43 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Daisey presiding. Members present were Mr. Pitts, Mrs. McIntosh, Mrs. Wasko and student liaison member Mr. Engstenberg. Mr. Hare was absent.
Reconsideration of Open Space Dedication - Millcreek Subdivision
During their meeting of May 9, 1988, City Council considered open space requirements for a proposed subdivision on the Peterseil Tract, now known as the Millcreek Subdivision. Council accepted the Parks and Recreation Committee's recommendation and the developer of the subdivision was required to reserve and dedicate up to two (2) acres of land within the proposed subdivision, which represents approximately 5% of the gross land area. In addition, the developer was required to make a cash donation, equivalent to the appraised value of 5% of the gross land area, to be deposited in a separate account and used for recreational purposes. The appraised value shall be the fair market value of the land determined as of the date of approval of the subdivision plan. It was stipulated that the neighborhood park should be situated to provide convenient access for the residents, as approved by City staff.
The committee considered a letter from Mr. Matthew J. Mercadante, Vice President of Village Builders, requesting an amendment to the open space dedication for the Millcreek Subdivision. Mr. Mercadante explained that the City has denied a request for variance for Lot #730 in Millcreek, in which a Florida Room encroaches 2.2 feet on the rear property set back of the home. In order to allow the addition of this room to the remaining homes in this row of lots, he requested permission to realign the rear property line of lots #727 through #734 three (3) feet towards the public open space. Mr. Mercadante advised members that a revision is being made to the recorded plat plan for submission to the Planning Commission for a revised subdivision approval.
Mr. DePrima explained that the request would make a three (3) foot lot line adjustment along a 359.25 foot property line of the development (1077.75 square feet). He provided members with a map depicting the proposed adjustment. Based on the amount of land to be withdrawn from the open space area and the previous assessment, Mr. DePrima stated that the developer should be required to pay an additional $6.08 to the City's recreation fund.
Responding to Mr. Daisey's concern with the amount being required from the developer, Mr. Lucas stated that the $6.08 seems to be an error and assured members that he will calculate the appraised valuation to determine the amount that will be required from the developer.
Mr. Lambert moved to recommend that the developer of Millcreek Subdivision be permitted to make a three (3) foot lot line adjustment along a 359.25 foot property line of the development and that the City accept a cash donation, in an amount which will be determined by the City Assessor, for the 1,077.75 square feet being taken from the dedicated open space (this amount has been determined to be $165.99 - Attachment #2). The motion was seconded by Mrs. McIntosh and unanimously carried.
Mr. Lambert moved for adjournment, seconded by Mrs. McIntosh and unanimously carried.
Meeting Adjourned at 7:58 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Levitt presiding. Members present were Mr. Salters, Mr. Daisey and Mr. Carey.
Annexation Request - Property Located on the Corner of Forest Street and Saulsbury Road - John C. Hammond
The committee considered a request for annexation of property located on the southeast corner of Forrest Street and Saulsbury Road (50' x 200' lot), owned by John C. Hammond. The property is a part of the proposed Wilson Baker Inc. Service Station/Car Wash. The adjacent property, also owned by John C. Hammond, is already within the corporate limits of the City of Dover, and maintains a zoning classification of C-3 (Service Commercial).
Mr. DePrima advised members that the site plan for the proposed service station/car wash was conditionally approved by the Planning Commission. He explained that one of the conditions for approval was for the City to annex the 50' x 200' portion of the property. Mr. DePrima stated that in accordance with the City's Comprehensive Plan, the property would be given a zoning classification of C-3. He noted that the proposed plan includes two entrance/exit areas, one on Forrest Street and one on Saulsbury Road. Mr. DePrima advised members that the proposed use of the 50' x 200' parcel is for parking and for one of the entrance/exits. The Planning Commission recommended that the City annex the 50' x 200' parcel.
Mr. Salters advised members that the adjacent property owners have relayed their opposition to the proposed service station/car wash. He noted the close proximity of an elementary school and stated that they have concern with additional traffic in this area.
Responding to Mr. Salters, Mr. DePrima explained that the City will not issue any building permits until all conditions for approval are satisfied. If the City does not annex the property, it was his feeling that the owner will obtain approval from the County for that portion of the project or will revise the plan by providing only one entrance/exit to the site.
Mr. Lambert stated that in accordance with the Route #8 Corridor Study, there are traffic conflicts at the intersection of Forrest Street and Saulsbury Road and that the proposed facility would not be appropriate for this area. It was also his feeling that by approving the site plan for the proposed project, the Planning Commission is in conflict with the recommendations of the Route #8 Corridor Study.
Mr. DePrima reminded members that the adjacent property is currently zoned at C-3, which is within the City limits; therefore, the Planning Commission can not deny C-3 use of the property.
Mr. Daisey agreed that the City can not control uses of land that have appropriate zones; however, it was his feeling that annexation of the parcel is a key issue and that the City has the opportunity to approve or deny annexation.
Mr. Daisey moved to recommend that the request for annexation of property located on the corner of Forrest Street and Saulsbury Road be denied. The motion was seconded by Mr. Salters and carried with Mr. Levitt voting no and Mr. Carey abstaining.
Delmarva Power & Light Agreement - FERC
The City's interconnection agreement with DP&L is filed with the Federal Energy Regulatory Commission (FERC) and specifies that the parties will conform to PJM rules. Mr. Blakeman advised members that PJM has changed the rules relating to peak time maintenance outages, and DP&L has proposed a Supplemental Agreement to include the new rules. Members were provided with a copy of the Supplemental Agreement and a Certificate of Concurrence for the FERC filing, which requires Council's approval. Staff assured members that the documents will be reviewed by the City Solicitor. Mr. Blakeman explained that the new terms will be retroactive to June 1991, as follows:
1)Require the utilities to have or purchase capacity (peak season maintenance obligation) to replace any units scheduled for maintenance during summer peak time. Systems with excess capacity will share the sale of the required capacity. Dover could benefit from such sales, or be required to make purchases at system price.
2)Specify that Dover will share in Delmarva "sales" of excess capacity to PJM. Presently Dover participates in such sales only after DP&L's capacity is all used.
Mr. Blakeman stated that the conditions are rare; however, as long as Dover maintains its capacity requirement, the changes will be beneficial to Dover. Staff recommended approval of the Supplemental Agreement and Certificate of Concurrence.
Mr. Daisey moved to recommend approval of staff's recommendation (Attachment #3), subject to review of the documents by the City Solicitor. The motion was seconded by Mr. Salters and unanimously carried.
Repair of Unit #2 High Pressure Packing Leakage
The steam supply to the Unit #2 feedwater heaters (K-heater) is excessively high at all loads, causing the K-heater to operate well above its design temperatures. Some sections operate as much as 200oF above design temperature or 400oF above desired temperature. The operation of the K-heaters at these temperatures is detrimental to the K-heater and a code violation. This high temperature leakage is likely the cause of the cracks found in the turbine shell at the extractions. The replacement of the turbine shaft packing will help reduce the excessively high temperatures encountered in the K-heater and the turbine shell.
Mr. Robert Clausen advised members that two causes for the problem of the K-heater operating above its designed temperatures have been identified, as follows: 1) The gland seal regulator was removed and disposed of many years ago, supposedly because of operational difficulties; and 2) Excessive clearances in the high pressure shaft packing on the turbine, allowing excessive leakage of high temperature steam to enter the extraction lines. Mr. Clausen stated that staff is only addressing the excessive packing clearance at this time. The replacement of the gland seal regulator will be separately addressed once a new system is engineered.
The repair for the high pressure packing leakage was discussed with East Coast Management since they were the low cost bidder and lowest hour rate bidder for the Unit #1 turbine overhaul. In order to obtain the bid hourly rates, staff recommended that this work on Unit #2 be added as out-of-scope work and that a purchase order be issued to East Coast Management for $55,000 and an additional purchase of $20,000 for parts.
Mr. Salters moved to recommend acceptance of staff's recommendation, seconded by Mr. Daisey and unanimously carried.
December Quarterly Fuel Adjustment Review
The City reviews its fuel adjustment projections at least quarterly and modifies its fuel adjustment in December on a levelized basis for the next calendar year. The current fuel adjustment is set at 0.00 cents per KWH. Fuel revenue is 3.4 cents per KWH which is that part of the base rates which represents fuel.
Mr. Worley stated that the cost of fuel had been projected at $16.00 a barrel for 1991 and that the current price is $15.35 a barrel. The fuel fund balance at the end of December 1991 is projected to be $3,589,544.36. Staff recommended that the fuel adjustment rate be set at -$0.004 beginning with January 1, 1992 billings. Mr. Worley advised members that this would result in a reduction of $3.00 a month in an average residential bill of 750 KWH as well as provide a $1 million minimum balance in the fuel adjustment fund.
Mr. Salters moved to recommend that the fuel adjustment rate be set at -$0.004 effective with bills rendered on or subsequent to January 1, 1992. The motion was seconded by Mr. Daisey and unanimously carried.
Conversion of Trash Truck from Rand Body to Rapid Rail Body
The Rand body on truck #443 has developed significant hydraulic problems and the maintenance shop has recommended that the body be replaced rather than repaired. The City recently purchased a new trash truck which increased the automated collection fleet from three (3) to four (4) relieving the workload on the individual trucks. The loss of truck #443 reduces the flexibility of providing more time for routine maintenance.
Mr. Worley advised members that the company that handled the body conversion on truck #442 has agreed to convert truck #443 at the same price of $42,466. He stated that $78,750 was budgeted in the Sanitation Division for the purchase of a bulky truck. With the $38,421 currently available in the budget and by deferring the bulky truck purchase for one year, Mr. Worley stated that the proposed conversion of truck #443 can be accomplished with an additional amount of $4,045. He assured members that the additional $4,045 can be supplied from other areas of the Sanitation Division's budget. Staff recommended approval to proceed with the conversion of truck #443 from a Rand body to a Rapid Rail body.
Mr. Salters moved to recommend acceptance of staff's recommendation at a cost of $42,466, seconded by Mr. Daisey and unanimously carried.
Sanitation Containers - Councilman Lambert
Responding to a call received from a resident, Mr. Lambert questioned the City's policy of converting from large sanitation containers to the smaller containers relative to commercial use. He stated that the resident was charged $200 for a large container when the new mechanized trash system began. At the City's discretion, the larger container was replaced with a smaller container, with the resident being charged an additional fee of $85.
Mr. Scrafford stated that when the City decided to replace the 440 gallon containers, each user was offered a 330 gallon container and a rebate. If additional capacity beyond the 330 gallon was requested, the City would sell the user another 330 gallon container at a reduced cost. Since the City made the change, Mr. Scrafford stated that all users were given a rebate or a reduction in the price to purchase an additional container. He stated that the rebate would consist of the difference between the cost of a new 330 gallon container ($146) and the purchase price of the original 440 gallon container.
Responding to Mr. Levitt, Mr. Scrafford stated that commercial establishments can utilize 90 gallon containers at a cost of approximately $60; however, for an additional $25, a user can obtain a 330 gallon container. Noting that separate trucks are used to pick up the different sized containers, Mr. Scrafford stated that it is not practical for an establishment to have different sized containers at one location.
In response to questions of Mr. Weyandt, Mr. Scrafford stated that the City budgets for the purchase of sanitation containers. He assured members that when containers are purchased, the money is returned to the appropriate fund.
Members requested that staff submit a full report on the sanitation container fund for the committee's review.
McKee Run Unit #1 Scheduled Five Year Major Overhaul
A major turbine/generator inspection is performed on the McKee Run units on a five year basis. Unit #1 is due for this inspection in the spring of 1992. The scope of this inspection typically includes opening both the turbine and generator, removing the turbine and generator rotors, inspecting the rotors and turbine and generator internals, and performing any necessary repairs.
Mr. Worley advised members that staff performed an estimate to determine the potential additional costs associated with suspected but unknown turbine internal conditions. This estimate was based on the conditions encountered in Unit #2 during its 1991 overhaul, the 1987 Unit #1 inspection report, and the operating performance of the unit. Staff estimated a cost of $1,410,000.
Mr. Worley stated that the known scope of work for the Unit #2 turbine/generator overhaul was publicly advertised for bids. In addition to the firm price for the identified work, hourly rates for out-of-scope work was requested. The low bid was received from East Coast Management, as follows:
Fixed Cost for Identified Scope$389,000
Out-of-Scope Labor $55/hour
Out-of-Scope Supervision $65/hour
Staff recommended that the Unit #1 turbine/generator overhaul be conducted during March and April of 1992 as currently scheduled and approval of East Coast Management as the low bid contractor, both fixed cost and additional hourly rates, and that a purchase order be issued in the amount of $389,000. Staff also recommended approval of additional expenditures not to exceed $1,410,000, for a total cost of $1,799,000 to cover suspected Unit #1 turbine/generator defects.
Mr. Daisey moved to recommend acceptance of staff's recommendation, seconded by Mr. Carey and unanimously carried.
Responding to Mr. Daisey's questions regarding the Life Extension Study and the impact on the generating units at the McKee Run Power Plant, Mayor Richter suggested that staff research the matter and give an update for the committee's review.
Mr. Salters moved to adjourn into executive session to discuss legal and personnel matters, seconded by Mr. Daisey and unanimously carried.
Meeting Adjourned at 8:53 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/jg
Attachments