REGULAR COUNCIL MEETING

The Regular Council Meeting was held on January 28, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn and Weyandt. Councilman VanSant was absent.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez. Fire Chief Hurley was absent.

The invocation was given by Pastor Doreina Miles, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Levitt requested the addition of an executive session to discuss personnel matters. Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Hall and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 14, 1991

The Minutes of the Regular Council Meeting of January 14, 1991 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.

RESOLUTION - ARLINE B. PAULSON - RETIREMENT

By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:

WHEREAS, Arline B. Paulson began employment with the City of Dover on August 20, 1962; and

WHEREAS, she was hired as Secretary to the City Manager and served in that capacity until February 1, 1976 when she was promoted to Administrative Assistant to the City Manager; and

WHEREAS, her successful career is directly related to her extreme attention to detail and her organizational skills which have proven essential to the effectiveness of the six City Managers she has worked for over her 29 years of service with the City of Dover; and

WHEREAS, Mrs. Paulson has chosen to retire, effective September 10, 1991, with terminal leave beginning February 1, 1991.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Arline B. Paulson a happy and healthy retirement and extend their deepest appreciation for the manner in which she has carried out her responsibilities and duties as a City of Dover employee.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the dedicated service of Arline B. Paulson.

ADOPTED: January 28, 1991

In expression of Council's appreciation for her many years of service, Council President Christiansen and Councilman Weyandt presented Mrs. Paulson with the Resolution and a City of Dover Cup and Plaque.

PROCLAMATION - DAFFODIL DAY

On behalf of Mayor Richter, Council President Christiansen presented the following Proclamation to Linda Weller, representing the Kent County Chapter of the American Cancer Society:

WHEREAS, there are millions of living witnesses to the fact that cancer can be cured. despite the fact that this disease is an alarming national killer; and

WHEREAS, thanks to the increasing knowledge in the biological and medical' sciences, we are nearing a solution to the problem of cancer, but must not lessen our efforts until the battle has been won completely; and

WHEREAS, the Kent County Chapter of the American Cancer Society, having worked unceasingly on the never-ending battle against one of society's prime destroyers, has raised over $51,000 in charitable contributions in the past five years with their "DAFFODIL DAYS FUND RAISER".

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 15, 1991, as;

DAFFODIL DAY

in the City of Dover and urge all citizens to join the Kent County Chapter of the American Cancer Society, in their efforts to save more lives, by purchasing and wearing a daffodil.

PROCLAMATION - CARDIAC REHABILITATION DAY

On behalf of Mayor Richter, Council President Christiansen presented the following Proclamation to Mr. Paul LeBlanc and Ms. Corrine Moyer of the Tri-State Society for Cardiovascular and Pulmonary Rehabilitation:

WHEREAS, while heart disease continues to be the number one killer of persons in Delaware and across the nation, a growing public interest in services and activities aimed toward prevention and recovery from cardiac disease is evident; and

WHEREAS, the prevention and rehabilitation of this number one killer is performed each day by professionals trained in cardiac health, and these health professionals staff the cardiac rehabilitation programs throughout Kent County; and

WHEREAS, the theme for this year's national effort "MEETING THE CHALLENGES OF TOMORROW" aims to promote continued achievement in this field.

NOW, THEREFORE, I JOHN E. RICHTER, MAYOR, of the City of Dover, do hereby proclaim the day of February 14, 1991, as

CARDIAC REHABILITATION DAY

in the City of Dover, and urge all citizens to adapt prudent lifestyle habits to help combat this number one killer.

MONTHLY REPORTS - DECEMBER 1990

Mr. Weyandt moved for approval of the following monthly reports, seconded by Mr. Lynn and unanimously carried:

Chief of Police Report

Building Inspector and Fire Marshal Report

City Assessor Report

City Alderman Report

J.P. Court #7 Report

City Manager Report

Water/Sewer Fund, Revenue & Budget Report

Internal Service Fund, Revenue & Budget Report

After commenting on the remaining reports, Mr. Weyandt moved for their approval as follows, seconded by Mr. Lynn and unanimously carried:

General Fund, Cash Receipts & Budget Report

Electric Revenue Fund, Revenue & Budget Report

Improvement and Extension Fund, Cash Receipts & Budget Report

UTILITY COMMITTEE REPORT

The Utility Committee met on January 15, 1991 with Mr. Daisey presiding in the absence of Chairman VanSant.

C.C. Wagner - Building Code Violations

The committee reviewed detailed information on proposed building code violations for property at 283 Troon Road, owned by Mr. & Mrs. C.C. Wagner. Mr. Wagner informed the committee that although the City's inspector cited certain building code violations at his property, his contractor continued construction and has not yet made the necessary corrections. Mr. & Mrs. Wagner requested that the City consider adoption of an ordinance that would allow building permits and certificates of occupancy to be withheld from a building when a complaint has been filed by another party, until that complaint has been resolved.

The City Solicitor advised the committee that such an ordinance would be unadvisable, feeling that it would place the City in the position of arbitrator. However, the Solicitor felt there might be validity in an ordinance which would allow the City the ability to withhold permits or certificates of occupancy when a builder has demonstrated his inability to comply with regulations. This proposal would put the City in the position of having to document a contractor or builder's non-compliance or failure to perform.

The committee recommended that the matter be referred to the City Solicitor for a solution. Council took no further action.

Oak Shadows - Request to Waive Portion of Subdivision Regulations

Simpson's Log Homes submitted a request for a waiver from the Subdivision Regulations for the their proposed Oak Shadows development. The proposed development, consisting of 32 acres, is located off of White Oak and Long Point Roads, two miles east of U.S. Route #13. In accordance with the City's policy regarding roadways, if the development is not going to be dedicated to the City of Dover, private roadways are permitted under the State of Delaware's condominium laws. The State's law provides a mechanism that would guarantee that the maintenance responsibility will be assumed by the property owners.

Mr. Simpson requested that Subdivision Regulations requiring sidewalks, curbs and gutters be waived, and that he be permitted to install 27' wide paved streets rather than the required 38' wide paved streets. He explained that the required 60' right-of-way for streets, storm drains and swales will be maintained, but with the 27' wide streets it will provide for 16½' of walk space on each side so that pedestrians will never have to walk on the roadway. Since the condominium concept is being followed for this development, the streets will not be dedicated to the City and the City will have no maintenance responsibilities. A homeowners condominium association will be organized to handle any problems regarding these responsibilities.

The committee recommended approval of the request to waive a portion of the Subdivision Regulations, as requested and detailed in Mr. Simpson's letter of January 4, 1991, for the proposed development known as Oak Shadows.

Mr. Daisey moved for approval of the committee's recommendation to waive the Subdivision Regulations requiring curbs, gutters and sidewalks and a reduction from the required 38' wide paved roadway to a 27' wide paved roadway, with the understanding that the condominium concept is being utilized for the Oak Shadows development, that the streets will not be dedicated to the City, and the City will have no maintenance responsibilities. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).

1991 Fuel Adjustment

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. Due to the Middle East crisis, no action was taken on this matter to allow the market to stabilize so that a more realistic fuel adjustment could be developed. Staff recommended that the Utility Committee take no action and allow staff to make a recommendation directly to Council on January 28th.

Mr. Worley explained that the current fuel adjustment is set at .0021 cents per KWH. The key element in fuel adjustment calculation is the cost of fuel. The City is currently paying $20.85 per barrel. Using the current price of oil for the next 11 months would result in an increase of 9.6%, or .0078 cents per KWH. This would bring the total fuel adjustment to .00988 cents per KWH and would be an increase of $7.78 per month on a 1,000 KWH residential bill. Even with the recent outbreak of war, it seems extremely remote that oil producing facilities outside of Kuwait and Iraq will be damaged. Also, it appears that there was no psychological hysteria thrusting the price of oil up. Thus, the oil prices have decreased and apparently stabilized. There are still, however, many uncertainties regarding the cost of oil, with some predicting further decline in prices and others a return to pre-war prices.

Staff recommended that the fuel adjustment rate be set at $.00916 cents, which would result in an increase of 8.8% or .00706 cents per KWH. This would be an increase of $7.06 per month on a 1,000 KWH residential bill. Mr. Worley explained that if the price of fuel should drastically decrease, then our customers would be rebated. On the other hand, if fuel prices should increase, then our customers would not have to experience sharp increases in fuel adjustment rates.

Voicing his concerns, Mr. Hall felt that with the current economy it is impossible to support a rate increase. He suggested that rather than rebate the customers if necessary, that we wait and increase rates only if necessary.

Mr. Worley was concerned that if we wait, then the increase could jump drastically. Responding to Mr. Levitt, Mr. Worley stated that although Dover's rates are still lower than most of our competitors, the gap is beginning to narrow.

In order to avoid erratic swings in rates, Mr. Levitt felt it would be better to institute a small increase now. Mr. Weyandt concurred, stipulating that Council should continue to monitor the fuel adjustment rate monthly for the next three to four months.

Mr. Lynn moved to follow staff's recommendation to set the fuel adjustment at $.00916 cents per KWH, effective with billings beginning February 1, 1991, stipulating that the fuel adjustment rate will be reviewed monthly for the next three to four months for possible revisions. The motion was seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Hall), with Mr. VanSant absent.

Solid Waste Recycling

Committee members reviewed a detailed report in response to the major issue of solid waste recycling, to determine if the City of Dover should initiate such a program.

Staff recommended that the City of Dover pursue residential solid waste recycling and that the City follow the initiative of the DSWA by implementing a residential solid waste recycling program consisting of drop-off centers for garbage recyclables and curbside collection for yard debris, autumn leaves and appliances. To insure the success of the drop-off approach, it was recommended that the City should take an active role in promoting recycling.

The recommendation would require the City to take the following steps:

1)Make a formal request to DSWA to establish five drop-off centers within the Dover corporate limits.

2)Make a formal request to DSWA to establish the compost site within or adjacent to the corporate limits of Dover.

3)Develop a capital replacement plan that will reduce the City's three compaction trucks to two and increase the open bed crane trucks to three.

4)In cooperation with DSWA, develop a publicity campaign to encourage recycling.

5)Monitor the success of the drop-off approach; and after a reasonable amount of time, perhaps 24 months, re-evaluate the system to determine if curbside garbage recycling should be implemented.

Staff will attempt to implement the program with DSWA's as soon as possible. Next year's budget will show the change involving the sanitation department's equipment.

The committee recommended adoption of the proposal on the recycling program as presented by staff.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.

Energy Conservation Program

The committee reviewed a detailed report relative to water and electric conservation. Staff recommended that the City implement a residential and small commercial water and electric conservation program using end products and behavior modification techniques.

Phase I of the program would consist of establishing a customer service/conservation office within the City which would include a full-time employee. Staff feels that the success of energy conservation would be the result of changing individual habits. The program would be incorporated into the 1991/92 budget.

The committee recommended adoption of an Energy Conservation Program as recommended by staff, to be included in the 1991/92 budget.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Pitts and unanimously carried. Mr. Weyandt noted that approval is limited to the concept of the plan; approval for funding of the plan will be considered during budget hearings.

Acceptance of Streets and Utilities - Deerfield

The developer of the Deerfield Subdivision has requested that the streets and utilities be accepted for maintenance and ownership by the City. After construction was completed, City staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards, which has been completed. A one-year maintenance agreement, bond, and a release of liabilities have all been submitted.

Mr. Weyandt expressed his concern with deteriorating aprons located at lots #1520, #1522, and *1524. It was his feeling that there may be a design problem with the aprons and he suggested that staff investigate this matter.

The committee recommended acceptance of the dedication of the Deerfield Subdivision, with the condition that the damaged aprons located at lots *1520, *1522, and #1524 are inspected and repaired as necessary.

Responding to Mr. Lynn's question, Mr. Worley stated that the streets and utilities would be accepted immediately, with the required repairs to the aprons to be handled under the guidelines of the one year maintenance bond.

Mr. Daisey moved for acceptance of the streets and utilities In the Deerfield Subdivision. The motion was seconded by Mr. Weyandt and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen), with Mr. VanSant absent.

Bid - Transformer Purchase

Inventory is low for various transformer sizes and bids were let for replacement. The low bid for 10 - 50KVA, single phase padmount transformers, was received from Dover Electric Supply in the amount of $11,360. The low bid for 25 - 25KVA, single phase padmount transformers, was received from Dover Electric Supply in the amount of $25,925.

The committee recommended that a purchase order be issued to Dover Electric Supply in the amount of $11,360 for 10-Central Maloney 50KVA transformers; and that a purchase order be issued to Dover Electric Supply in the amount of $25,925 for 25-Central Maloney 25KVA transformers.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. VanSant absent).

Bid - Sherwood IV - Electric Service - Overhead to Underground

Bids were requested to trench an underground electric system and remove the existing overhead electrical system. The low bid was received from Tudor Electric, Inc. in the amount of $45,350. The engineer's estimate was $88,970.

The committee recommended that a purchase order be issued to Tudor Electric for the sum of $45,350.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).

Bid - North Street Conversion

Bids were requested to install underground cable from Governors Avenue to the rear of Capitol Office Supply. The low bid was received from Kriss Contracting, Inc., in the amount of $37,350. The engineer's estimate was $32,000.

The committee recommended that a purchase order be issued to Kriss Contracting, Inc. for the sum of $37,350.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).

Bids - Mid-City 69kV - 22kV Tie Station

Due to the Mid-City 69kV-22kV Tie Substation, staff requested several bids involving the location, planning, and design of the substation. Noting that each bid is less than $25,000, Mr. Worley informed committee members that only one motion would be necessary to approve the bids.

Prior to Council action, Mr. Worley explained that on two of the bids, the bidders did not bid the full system. Therefore, staff would like to delete "Erection of Steel and Bus" and "Prefabrication of Steel Structure and Bus Assembly". These two items will be rebid for the work to take place during the next budget year. Mr. Worley explained that this action would have no negative effect on the project since all of the work could not take place at the same time.

Demolition of Bus and Steel Structures

The location for 69kV-22kV Mid-City Tie Substation is the old Monroe Substation. This will require the removal of the existing 12kV steel and bus structures of the Monroe Substation. The low bid was received by Lambertson Construction, in the amount of $1,380. The committee recommended that a purchase order be issued to Lambertson Construction for $1,380.

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. VanSant absent).

Installation of Conduits and Ground

Minor ground grid modifications and installation of control cable conduits are required. It is necessary to install conduits from Mid-City Tie to Mid-City Switch gear, where the controls for relaying will be housed. The low bid was received from C.W. Wright, in the amount of $2,386. The committee recommended that a purchase order be issued to C.W. Wright for $2.386.

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. VanSant absent).

Installation of Concrete Foundation

It will be necessary to remove part of the concrete foundation and the addition of new concrete footers to support the new 22kV steel and bus work. The committee recommended that a purchase order be issued to the low bidder, International Consulting & Engineering, for $8,100.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. VanSant absent).

Mr. Daisey moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.

SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee met on January 16, 1991 with Chairman Hall presiding.

Silver Lake Causeway

As a result of two recent incidents where vehicles slid off of State Street into Silver Lake, Council requested the City Manager to contact the State Department of Transportation to determine the status of the 1987 request of safety shrubbery at that location to prevent vehicles from traveling into the lake. After researching the matter, the City Manager informed the committee that during the Regular Meeting of August 10, 1987, Council went on record as opposing plans from the Highway Department for installation of any type of steel or concrete barrier on Silver Lake at State Street. Mr. Worley stated that a natural barrier was previously recommended.

Mr. Ray Harbeson and Mr. Mike Angelia, from the State Department of Transportation, made a presentation concerning alternatives available for the causeway. After explaining the types of barriers which could be used at Silver Lake, Mr. Harbeson outlined the different types of rails, stating that should the committee wish to utilize a rail, it should be wooden and placed behind the sidewalk.

Members of the committee discussed possible problems with traffic turning into the Blue Coat Inn and the need for again reducing the speed limit. (The speed limit was reduced from 40 mph to 35 mph In 1987.)

After discussing the matter at length, the committee recommended that the City request the State of Delaware to consider the following items: 1) reducing the speed limit from 40 mph to 35 mph; 2) check on the slickness of the road to determine if the road should be milled; 3) changing the single yellow line to a double line; and 4) placing appropriate signs on the roadway which warns that vehicles may be making left-hand turns and signs of traffic signal warnings.

Mr. Levitt recommended that the suggestions be implemented prior to further action on barriers.

Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.

Parking Permits - The Green - Gary Dalton

During their meeting of December 13, 1990, the Committee deferred action on Mr. Dalton's request for two parking spaces for each building located on The Green, and consideration of a transferrable permit for persons having more than one vehicle.

Chief Hutchison recommended that no action be taken on Mr. Dalton's request at this time. Reminding the committee that the residential parking policy is a new program which is still under observation for possible improvements in the future, Chief Hutchison recommended that Mr. Dalton's recommendations, along with those from other citizens, be compiled for review by Council after the program has been in existence long enough for a suitable test period.

Based upon requests for handicapped parking on The Green, Chief Hutchison recommended the addition of two handicapped parking spaces.

The committee recommended that no additional parking spaces or stickers be implemented at this time. They also recommended that two handicapped parking spaces be created on The Green.

Mr. Hall moved for approval of the committee's recommendation to take no action at this time on Mr. Dalton's requests, and to create two handicapped parking spaces on The Green. The motion was seconded by Mr. Weyandt and unanimously carried.

Residential Parking Permits and Two Hour Parking - Schoolhouse Lane

As directed by the committee, the Police Department informed residents of Schoolhouse Lane that a majority of those living in the affected area must petition the City for residential parking permits to ensure that there is sufficient support for such action. Mr. Bernard Greenfield addressed the committee, explaining his opposition to two hour parking on Schoolhouse Lane, feeling that it would only force the problem onto neighboring streets. Since a petition has not yet been received from Schoolhouse Lane residents, the committee took no action.

Traffic Regulations/Signals - Reverend David Considine

Reverend Considine reported concerns to the City regarding the traffic signals at Loockerman and Queen Streets and also with the lane turn arrows at the 1-ntersections of: (a) Queen and Water Streets; and (b) Queen and North Streets.

Chief Hutchison informed the committee that traffic enforcement has been increased to help eliminate the number of traffic violations. The problem will continue to be monitored by the Police Department.

The State of Delaware has recommended the creation of left turn lanes at the northbound and southbound intersections of Queen Street. The State also recommended that the lanes be marked, and turning arrows not be installed, pending the effect of the lane installation. DELDOT will be reviewing the traffic light on Water Street. Due to the weather, the Public Works Department recommends that paint markings not be painted on the streets at this time.

Council took no further action.

Concerns of Citizen Safety on White Oak Road - Roy Bogus

Concerns on White Oak Road were addressed by Mr. Roy Bogus. Mr. Bogus expressed concern for pedestrians walking along White Oak Road, although he has been told that a sidewalk will be installed from Halsey Road to Center Drive, which will be much safer for pedestrians or bike riders. He also stated potential danger at the Shore Stop, at White Oak and Mitscher Roads, due to the large area that allows vehicles to enter and exit from every direction. He suggested that curbs be installed to limit the entrance and exit by vehicles.

The committee recommended that Mr. Bogus’ concerns be referred to staff for further review and recommendations. Mr. Bogus will submit a letter giving further details of his concerns.

Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.

Mr. Salters moved to adjourn into Open Forum and then into Executive Session to discuss personnel matters. The motion was seconded by Mr. Lynn 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 9:00 P.M.

DEBRAH J. BOAMAN

CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of January 28, 1991, are hereby approved.

JOHN E. RICHTER

MAYOR

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