REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 28, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hare, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Fire Chief Hurley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Coker, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved for approval of the agenda, seconded by Mr. Levitt and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 13, 1991
The Minutes of the Annual Council Meeting of May 13, 1991 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
RESOLUTION - LARRY N. MCALLISTER
By motion of Mr. Lynn, seconded by Mr. Salters, Council adopted the following Resolution:
WHEREAS, recognizing a severe lack of available parking in certain areas of the City, the Mayor and Council reactivated the City of Dover Parking Authority on May 12, 1986 when Larry N. McAllister was appointed to serve a five year term; and
WHEREAS, in organizing the newly reactivated Parking Authority, Mr. McAllister was elected to serve as Chairman and continued to serve in this capacity until he requested replacement in June 1990 although he continued to serve as a member; and
WHEREAS, members of the Dover Parking Authority were highly challenged to solve the parking problems in our city, often being required to make very difficult decisions that would ultimately benefit the entire community; and
WHEREAS, Larry N. McAllister took on this challenge and with his drive and leadership, the Dover Parking Authority is now a mature, stable, public service organization; and
WHEREAS, after serving five years on the Dover Parking Authority, Mr. McAllister has chosen to relinquish his membership.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest gratitude to Larry N. McAllister for his unselfish devotion to his duties and personal sacrifice of time for the good of the community and welfare of its citizens.
ADOPTED: May 28, 1991
Since Mr. McAllister was unable to attend the meeting, a presentation will be made at a later time.
MONTHLY REPORTS - APRIL
Mr. Weyandt moved for approval of the following monthly reports, seconded by Mr. Levitt and unanimously carried:
A. Chief of Police Report
B. Building Inspector and Fire Marshal Report
C. City Assessor Report
D. City Alderman Report
E. J.P. Court #7 Report
F. City Manager Report
G. General Fund, Cash Receipts & Budget Report
H. Water/Sewer Fund, Revenue & Budget Report
I. Internal Service Fund, Revenue & Budget Report
J. Electric Revenue Fund, Revenue & Budget Report
K. Improvement and Extension Fund, Cash Receipts & Budget Report
UTILITY COMMITTEE REPORT
The Utility Committee met on May 14, 1991 with Acting Chairman Levitt presiding.
Vondaway Drive Project
Several meetings have taken place with City staff and Vondaway Drive property owners to investigate the possibility of installing water and sewer and paving of the street. Property owners feel the costs of the improvements are exorbitant. Since staff has taken all the required steps within the existing City policy, the owners were advised that the only alternative would be to appeal to City Council.
The committee recommended that staff be authorized to review the assessment policy for alternatives when financial relief is necessary and report back to the committee by the July meeting.
Mudstone Branch Project
The City of Dover has been considering sanitary sewer service for the northwesterly quadrant of the City extending westerly from the Kent County Pumping Station No. 2 on Denneys Road. During the December 1990 Utility Committee meeting, objections to the proposed alignment of the Mudstone Branch Interceptor were raised by residents in the area. Resulting from these objections, the firm of Whitman, Requardt & Associates was authorized to investigate the alternatives presented by the residents.
Whitman, Requardt & Associates submitted the Mudstone Branch Interceptor Supplemental Studies Report based on the alternatives presented by the residents (on file in the Office of the City Clerk). Representatives of Whitman, Requardt & Associates explained that the report includes an evaluation of capital and annual operation and maintenance costs for all alternatives. Upon completion of the report, meetings were held with the residents to discuss the report and to answer any questions. As indicated in the report, the alternatives would cost approximately 40% more than the original alignment.
In accordance with Council's approval, work on the original alignment has continued with some alterations. The major movement is the crossing east of Kenton Road, which had been planned to be through the floodplain east of Baltray, and has now been moved out of the wetlands to Kenton Road. Other small alignment changes have been made to keep the interceptor at the bottom of the slope along the alignment, instead of traveling across the flat area of the floodplain.
Members of City staff and Whitman, Requardt & Associates met with the Joint Review Committee, which includes representatives of DNREC, Fish and Wildlife, the U.S. Army Corps of Engineers and other regulatory agencies. The Joint Review Committee gave a general concurrence for the plan; however, several recommendations were made relative to construction methods and requirements that should be incorporated into the design and final contract documents. There is also the possibility that some additional minor revisions may be made as further detailed design work is accomplished.
The committee recommended that staff be authorized to proceed with the design of the Mudstone Branch Interceptor on its original alignment as revised.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. VanSant and carried with Mr. Lynn voting no.
Request for Alley Abandonment - Adjacent to 16 S. Edgehill Avenue - Diane Cook
During their April meeting, the committee considered a request from Ms. Diane Cook for abandonment of the alley adjacent to 16 S. Edgehill Avenue. The committee tabled action, pending the Planning Commission's review and recommendation.
It was noted that the Electric Department has a transformer bank, which feeds the Shopping Center, located in the alley as well as a primary that is a main feed for the development. Based upon the recommendation of the City's Development Advisory Committee, the Planning Commission recommended that the request for alley abandonment be denied.
The committee recommended denial of the request to abandon the alley adjacent to 16 S. Edgehill Avenue.
Mr. Levitt moved for approval of the committee's recommendation to deny the request, seconded by Mr. Pitts and carried by a unanimous roll call vote.
Power Purchase Agreement - Delaware Municipal Electric Corporation
The Electric Department has had an agreement for sale of energy to the Delaware Municipal Electric Corporation (DEMEC) under which DEMEC has lost money in the past and has not made any recent purchases.
In order to encourage some sales of the City's excess energy, new terms were discussed and R.W. Beck was hired to determine the potential benefits and to write an Agreement Form, similar to the DEMEC Easton Agreement. It has been determined that there is a potential for sales with a probable savings of $55,000/month, to be shared equally, which would be a savings of $27,500/month to Dover. Staff presented a proposed Power Purchase Agreement between the City and DEMEC and recommended that it be authorized.
The committee recommended approval of the Power Purchase Agreement with DEMEC (as on file in the Office of the City Clerk).
Mr. Levitt moved for approval of the Agreement with DEMEC, seconded by Mr. VanSant and carried by a unanimous roll call vote.
Acceptance of Streets and Utilities - Millcreek, Phase I
The developer of Millcreek has requested that the streets and utilities of Phase I be accepted for maintenance and ownership by the City. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. That work has been completed. A one-year maintenance agreement and bond, and a release of liabilities have all been submitted. The committee recommended acceptance of the dedication of Millcreek, Phase I.
Mr. Levitt moved for acceptance of the streets and utilities in Millcreek, Phase I. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Mr. Weyandt requested that staff submit a report to Council within nine months to explain the condition of the streets at that time.
Bid - Switchgear for Electric Department
Bids were solicited for six (6) PMH-9 and three (3) PMH-11 Switchgears. The low bid was received from A.J.P. Sales, as follows:
UNIT PRICE TOTAL BID
PMH-9 $9,673.00 $58,038.00
PMH-11 9,577.00 28,731.00
The committee recommended that a purchase order be issued to A.J.P. Sales in the amount of $86,769.00 for six (6) PMH-9 and three (3) PMH-11 Switchgears.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Review of Deposit Policy for Electric Service
Having concern with the electric quarterly uncollectibles report, the Legislative and Finance Committee requested that the Utility Committee review the current policy on electric security deposits.
The committee recommended that staff review the present electric security deposit policy for alternatives that would eliminate the capability for delinquent customers to gain City services with fraudulent information (change of address, name changes, etc.).
Responding to questions by Mr. Weyandt, Mr. Worley stated that staff will submit information to the committee on the policy of neighboring communities.
Radio Equipment for SCADA
The Electric Department has investigated the concept of replacing the SCADA (System Control and Data Acquisition) telephone lines with radio for economy and reliability. Bids were solicited for the equipment and labor, with equipment delivery in three (3) months and installation in an additional four (4) months. One bid was received from Microwave Data Systems in the amount of $129,890.
The SCADA allows the City to observe General Foods and the City's substations and to close the circuit breakers. The City currently leases phone circuits at approximately $2,000 per month and the present system requires frequent repairs, which are billed directly by the telephone company for labor costs. The installation of the radio system will enhance staff's ability to control this procedure and at the same time eliminate the costs currently being paid for their services.
The committee recommended that a purchase order be issued to Microwave Data Systems for the installation of the SCADA system at a cost of $129,890.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Weyandt requested that staff submit a report to the Utility Committee and the Legislative and Finance Committee depicting the amount of savings from the new system in the Water/Sewer Departments and in the Electric Department.
Mr. Levitt moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on May 15, 1991 with Acting Chairman Salters presiding.
Silver Lake Causeway - Department of Transportation
During the April 10, 1991 meeting, concerns were raised regarding the striping of the roadway, which was felt to have been striped differently than originally planned causing much confusion to travellers. Mr. Bruce Littleton of the State of Delaware, Department of Transportation, updated the committee on the recent changes in design to the causeway and showed a videotape of the roadway which clarified the members questions.
Mr. VanSant voiced his opinion that the action taken on the Silver Lake Causeway is insufficient and has not solved the basic issue of vehicles running off the causeway into the lake. He suggested that the only solution is some type of aesthetically pleasing barrier. Mr. Levitt concurred but explained that funding of this project is not on the State's priority list. Mr. VanSant suggested that the City of Dover contact our three local legislators to assist the City with this problem.
Request for Loading Zone - Kitchen Cupboard
Owners of the Kitchen Cupboard Inc., requested a "designated loading zone" at 150 South Bradford Street, adjacent to Minor Street. A concrete indention presently exists at the property. The loading zone would allow large trucks to load and unload at the entrance of the Restaurant's kitchen. The request was tabled pending a review and recommendation by staff.
Staff inspected the area and noted that if a van is parked adjacent to the fence, approximately 10 feet remains for the passage of a vehicle. Normal clearance requirement for vehicles is 12 feet. Vehicles attempting to pass through this area, around a vehicle being loaded, could create a safety hazard for pedestrians. Staff recommended that the request be denied but Chief Hutchison volunteered to work with the Kitchen Cupboard to eliminate parking tickets when trucks are loading/unloading.
The committee recommended that the request for a designated loading zone in the Minor Street alley be denied but that the Police Department work with owners of the Kitchen Cupboard to establish guidelines and rules regarding the issuance of citations for parking.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Petition for Two Hour Parking Restrictions and Residential Parking Permits - Schoolhouse Lane
A petition was received from residents on Schoolhouse Lane, requesting two hour parking restrictions and residential permit parking. The residents felt that this restriction would help control the loitering and other related problems from students at Dover High School. Ms. Bridget Rowles, 913 Schoolhouse Lane, relayed that the students are parking along the streets where they loiter in the morning and cause trouble in the afternoon. It was noted that parking is available on school property. There was discussion about closing the walkway from the development to the school, but this action would deny access by residents of the development.
If two hour parking restrictions are implemented on Schoolhouse Lane, Chief Hutchison felt that parking would flow to Wilson Drive and Woodcrest Drive which would cause the same problems in those areas. He felt that the residents on Wilson Drive and Woodcrest Drive should also be contacted for their interest in the restrictions, if the two hour parking limit is approved for Schoolhouse Lane.
The committee recommended that the matter be referred to Council for action.
Mr. Lynn agreed with restricted parking on Schoolhouse Lane, but suggested that property owners on Wilson and Woodcrest Drives be consulted for their feelings on restricted parking on these streets. Mr. Salters relayed that a petition is being circulated to property owners of these two streets. Mr. Weyandt suggested that the motion include the restriction for Wilson Drive and Woodcrest Drive.
Since the City has followed a policy to require the support of a majority of those persons affected by the policy, Chief Hutchison suggested that action be delayed on the parking restrictions for Wilson Drive and Woodcrest Drive.
Mr. Salters moved to authorize the Police Department to develop a two hour parking restriction on Schoolhouse Lane, with residential parking permits, and that the gate remain open. If the restrictions are approved for Schoolhouse Lane, then the residents of Wilson Drive and Woodcrest Drive shall be contacted for their interest in the restrictions on their street. The motion was seconded by Mr. Levitt.
Mr. Lynn moved to permit Mr. Bernard Greenfield to address Council on this issue, seconded by Mr. Hare and unanimously carried.
Mr. Bernard Greenfield of 901 Wilson Drive stated that he has lived with this parking problem for 23 years. Although he does not object to the two hour parking restrictions, with residential parking permits, he feels that this is an easy solution for Council. It was his opinion, however, that the school district should be more responsive to this problem and that the Police Department should be more responsive to the problem of students speeding through the development.
Mr. Lynn noted that the residents will probably want the restrictions to be in place during the school year. Council President Christiansen stated that this can be handled by the Police Chief since the motion stipulated that he develop the policy.
On a call for the question on the motion by Mr. Salters, the motion was approved by a unanimous roll call vote.
Downtown Traffic and Response Time - Robbins Hose Company
A letter was previously submitted by the members of the Robbins Hose Company, requesting that certain streets be made one way for a quicker response time when responding to an emergency call.
Prior to further action, the Robbins Hose Company will submit a detailed request listing the streets which they would like modified.
Traffic Control Issues - Update
During their last meeting, the Committee reviewed a letter from Mrs. Durward Matthews concerning excessive speed on Kesselring Avenue. Chief Hutchison reported that the Police Department is continuing their efforts of speed control on Kesselring Avenue.
Traffic Control Issue #10 - Traffic Control Signal - Walker Road at Buttner Place
The City requested that a traffic study be performed by DelDOT to ascertain if traffic conditions presently warrant the erection of a signal at the intersection of Walker Road and Buttner Place. In accordance with a midweek traffic study that was performed, it was determined that such an installation is justified. DelDOT expressed concern regarding the close proximity of the proposed signal with the railroad crossing, which would require a connection between the railroad signal and the intersection signal to ensure appropriate track clearance. The signal would also have to be coordinated with other existing signals along Walker Road to provide an effective signal system.
The problem at this intersection is visibility for vehicles stopped on Buttner Place. Vehicles are moving into the roadway to see oncoming traffic. The installation of this signal would require a written agreement with DelDOT in regards to guidelines of new signals on State maintained roads. Funding would be the responsibility of the City.
Feeling that the close proximity of the railroad crossing would be detrimental to the proposed signal, the committee recommended that no action be taken at this time.
Mr. Salters moved that Council not support the installation of a traffic control signal at the intersection of Walker Road and Buttner Place. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Salters moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Weyandt and unanimously carried.
SPECIAL PARKS AND RECREATION COMMITTEE MEETING
In response to requests for proposals for Site Analysis and Conceptual Master Plans of the Schutte Park, nineteen proposals were received. Six of the firms were interviewed and ranked. Sasaki Associates, Inc. was selected as the top firm for the Schutte Park Master Plan. Staff negotiated a price of $67,500 with Sasaki Associates, Inc. to complete the Schutte Park Master Plan. This price includes a bike path from the Schutte Park up North Street to Slaughter Street and the cost of evaluating the Little League area. The Little League will pay their proportionate share for evaluation of the Little League area. The contract specifies a completion date of August 31, 1991 and has been reviewed by Deputy City Solicitor William Pepper.
The committee recommended that Council approve the selection of Sasaki Associations, Inc. at a price not to exceed $67,500 to complete the Schutte Park Master Plan.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. Lynn absent).
Mr. Daisey moved for acceptance of the Special Parks and Recreation Committee Report, seconded by Mr. Hare and unanimously carried.
APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION
Mayor Richter requested the reappointment of the following three members to the Downtown Dover Development Corporation. The three year terms will expire on April 23, 1994.
1. Robert Berglund
2. Peter LaVenia
3. Gary Patterson
Mr. VanSant moved for confirmation of the reappointments as requested by Mayor Richter, seconded by Mr. Salters and unanimously carried.
Since Councilman Christiansen has requested replacement on the Downtown Dover Development Corporation, Mayor Richter requested that Councilman Lynn be appointed to serve on the DDDC in place of Mr. Christiansen.
Mr. Daisey moved for confirmation of the appointment of Councilman Lynn to replace Councilman Christiansen on the DDDC, seconded by Mr. Weyandt and unanimously carried.
COMMITTEE APPOINTMENTS
Council President Christiansen requested approval of the following committee appointments:
Legislative and Finance Committee
Mr. Francis R. Weyandt, Chairman
Mr. Patrick H. Lynn, Councilman
Mr. William F. Hare, Councilman
Mr. Thomas Leary, Civilian Member
Utility Committee
Mr. Frederick N. VanSant, Chairman
Mr. Irving S. Levitt, Councilman
Mr. Reuben Salters, Councilman
Mr. Raymond Harbeson, Civilian Member
Parks and Recreation Committee
Mr. William H. Daisey, Chairman
Mr. John W. Pitts, Councilman
Mr. William F. Hare, Councilman
Ms. Linda Wasko, Civilian Member
Ms. Lynn McIntosh, Civilian Member
Two Student Members
Safety Advisory Committee
Mr. Reuben Salters, Chairman
Mr. John W. Pitts, Councilman
Mr. William F. Hare, Councilman
Chief James Hutchison, Dover Police Department (Non-Voting Member)
Chief William Hurley, Dover Fire Department (Non-Voting Member)
Pension Committee - Civilian
Mr. Frederick N. VanSant, Councilman
Mr. Irving S. Levitt, Councilman
Pension Committee - Police
Mr. Frederick N. VanSant, Councilman
Mr. Irving S. Levitt, Councilman
Building, Plumbing, Mechanical & Fire Prevention Code Board of Appeals
Mr. Patrick H. Lynn, Chairman
Mr. John W. Pitts, Councilman
Mr. VanSant moved for confirmation of the committee appointments as presented, seconded by Mr. Weyandt and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of May 13, 1991.
Section 2-179
Mr. VanSant moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Daisey and carried by a unanimous roll call vote (Mr. Lynn absent): (By request of Councilman Weyandt, the ordinance was read into the record by the City Clerk.)
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Sec. 2-179 in its entirety, including the caption of this section, and by adding a new section to be worded and captioned as follows:
Sec. 2-179.Participation In The Plan To Be Mandatory And Not To Vest Employment Rights
The Pension Plan shall not be construed to give any employee the right to be retained in the employ of the City. All new employees hired after July 1 , 1991 , shall be required as a condition of employment to join the Plan and to remain members of the Plan thereafter unless they leave the employment of the City of Dover, retire, or pass away.
ADOPTED: May 28, 1991
Mr. Salters moved to adjourn into Open Forum and then into executive session to discuss personnel matters, seconded by Mr. Daisey and unanimously carried.
OPEN FORUM
Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
Meeting Adjourned at 8:35 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of May 28, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
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