REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 18, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Salters, Lynn, Weyandt and VanSant. Councilman Pitts was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez. Fire Chief Whitham was absent.
The invocation was given by Councilman Hall, followed by the Pledge of Allegiance,
AGENDA ADDITIONS/DELETIONS
Mr. VanSant requested the addition of item #5B - Silver Lake Causeway. Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 10, 1990
The Minutes of the Regular Council Meeting of December 10, 1990 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on December 11, 1990 with Chairman Daisey presiding.
Parkland - Monroe Terrace Subdivision
The Planning Commission reviewed a proposed minor subdivision for property located on the northeasterly corner of the intersection of Monroe Terrace and Waples Avenue, consisting of approximately 1.41 +/- acres. The Planning Commission granted conditional approval of the subdivision. One of the conditions for approval of the plan was to subject it to a 10% cash-in-lieu of parkland dedication in accordance with the City's Subdivision Regulations. The City Assessor has determined that the 1.41 +/- acre property is valued at $129.500. The Planning Commission and staff recommended that Council endorse the cash-in-lieu of land payment in the amount of $12,950.
Some members of the committee felt that this subdivision should not be subject to the requirement for parkland or cash-in-lieu of parkland. It was felt that the property being developed is the completion of the original lands developed in the area. Noting that sidewalk, streets, water, sewer, and other improvements already exist. Mr. Weyandt explained that all other subdivisions that are subject to the requirement for parkland, or cash-in-lieu of parkland, have been vacant, undeveloped properties.
Mr. Craggier explained that this area originally consisted of 219 acres of land known as Waples Farms. In 1913, 156 residential lots were platted (Wyoming Subdivision), leaving approximately 24 acres of the farm. In 1934 and 1935, Avenue Highlands was platted which consisted of single family residential lots. In 1958, when Sherwood was platted, the 1.41 acres of land was left remaining. Mr. Craggier stated that the City's Subdivision Regulations requires a dedication of land, or a cash-in-lieu of land payment. When the Planning Commission determines that a dedication of land is not practical or feasible, they must recommend a payment-in-lieu of land.
Mr. VanSant felt that since final approval is required by Council, they would be authorized to grant waivers to the requirements of the Subdivision Regulations.
The committee recommended endorsement of the cash-in-lieu of land payment in the amount of $12,950 to be deposited in the special account for parkland.
Mr. Weyandt moved that Council waive the requirement to collect land or cash-in-lieu of land for the Monroe Terrace Subdivision, stating that all necessary utilities are already in place and that this small parcel of land was a part of another platted subdivision. The motion was seconded by Mr. VanSant.
Mr. VanSant reminded members of Council that within 200' of the subdivision, the City has a five acre park, negating the necessity of additional parkland.
In order to clarify the language and intent of the Subdivision Regulations, Mr. Levitt stated that the committee has requested that staff review the Regulation for possible amendments to address the requirement for minor subdivisions.
On a call for the question on the motion by Mr. VanSant, the motion was approved by a unanimous roll call vote (Mr. Pitts absent).
Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report as amended. seconded by Mr. VanSant and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on December 11, 1990 with Chairman VanSant presiding.
Noting that Council action is not necessary on items #3F and #3G, Mr. VanSant moved that they be considered under the consent agenda format, seconded by Mr. Lynn and unanimously carried. Mr. VanSant explained that item #3F relates to the December Quarterly Fuel Adjustment Review, stating that this will be looked at in February due to the fluctuation of fuel rates. Item #3G relates to Electric and Water Conservation. Mr. VanSant stated that the committee acknowledged receipt of the report and will take action after full review.
Objections to Sewer Interceptor Location - Retreat Residents
The committee considered a letter from Mr. Michael Mercer, representing the homeowners of Retreat, regarding the location of the Mudstone Branch Interceptor near their properties.
The 1987 "Wastewater System Master Plan" identified the need for a new sewer service area in the northwest corner of the City, to be served by a new 4.8 million gallons per day pumping station, located near the confluence of the Fork Branch and the Mudstone Branch.
In May 1989, Whitman, Requardt & Associates began the design of the project. The preliminary design included a section of interceptor which was immediately behind the properties of Retreat from Medinah Court to Kenton Road. A meeting was held with the affected property owners to review and comment on the preliminary design. In accordance with the residents' comments, Whitman, Requardt & Associates submitted proposed revisions. The revisions basically moved the portion of the main which was located adjacent to Retreat to the north side of the stream, near the property lines of Baltray. An additional meeting was held with the property owners for their review of the revisions. Although the revisions were more acceptable than the original design, the residents continued to relay concerns.
An additional letter, dated December 3, 1990, was submitted to the City which outlined specific alternate routes that the residents wanted explored. This letter was directed to Whitman, Requardt & Associates for comment.
The residents met with committee members and representatives of Whitman. Requardt & Associates in an attempt to explore alternate routes. Based upon their experience in engineering, Whitman, Requardt & Associates assured committee members that there would be additional costs involved if the suggested alternative routes were utilized.
Regarding the residents' concerns with the wetlands, Mr. VanSant explained that the entire process for this project is subject to the review and approval by DNREC and the Corps of Engineers. He advised the residents that the City would not receive the necessary approval from DNREC or the Corps of Engineers if this project would affect the wetlands. Although the proposed location would be most economical, feasible, and logical, Mr. VanSant assured the homeowners that if DNREC and the Corps of Engineers do not grant the City approval, the placement of a sewer system will still be necessary in this area.
The committee recommended that staff be authorized to proceed with the scope of work as outlined in the engineering agreement with Whitman, Requardt & Associates at a cost not to exceed $14,500. They further recommended that Whitman, Requardt & Associates be authorized to investigate alternatives presented by the residents for placement of the interceptor.
Mr. VanSant moved for approval of the committee's recommendation to authorize staff to proceed with the scope of work as outlined in the engineering agreement with Whitman, Requardt & Associates, at a cost not to exceed $14,500, stipulating that they simultaneously continue to review other alternatives and their expected costs for review by the committee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
Placement of Underground Stormwater Piping - Barrister Place
For the past several months, the committee has been reviewing concerns of a drainage problem at Barrister Place. Having concern with a law suit between the property owners of 447 and 449 Barrister Place, the committee requested that tile City Solicitor determine the City's legal obligation in this matter. The Solicitor informed the committee that "the City has not been a party to any suit involving the property owners at Barrister Place and that any decision involving these property owners where the City was not a party is not binding on the City of Dover".
In accordance with Section 19.3 of the Code, the City has the right to correct surface water flows over private property. Due to the nature of the problem, the committee recommended that staff be authorized to correct the existing drainage to match the original design grades.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt.
Mr. Daisey objected to the motion, stating that this proposal has already been discarded as a possible solution. He alternatively suggested that the City install the underground piping to take care of this problem. Mr. Worley reminded Council that this solution was presented to the property owners but they rejected it since they would be responsible for the costs involved.
On a call for the question on the motion by Mr. Lynn, the motion was approved with Mr. Daisey and Mr. Christiansen voting no (Mr. Pitts absent).
The committee further recommended that if the owners inhibit the City from performing the necessary work, the City will no longer be involved in the matter. Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried with Mr. Daisey and Mr. Christiansen voting no (Mr. Pitts absent).
Acceptance of Streets and Utilities - The Meadows
The developer of The Meadows has requested that the streets and utilities of The Meadows be accepted for maintenance and ownership by the City. Staff provided members with a map depicting the general location and configuration of the subject rights-of-way. 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. As-built drawings, a one-year maintenance agreement and bond, and a Release of Liabilities form have been submitted.
The committee recommended that the City accept the dedication of The Meadows.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Pitts absent).
RMI Update and Staffing Study
During their November meeting, the committee authorized the Electric Department to contact RMI to obtain cost proposals for the update of the Power 2000 forecasts, and others to give advice on the organization and staffing of the Electric Department with concentration on the Power Plant.
Staff requested RMI to submit an update of the power supply forecasts. This project will concentrate on the forecasts, which were included in the original study. The remaining tasks of the study are being evaluated by staff to determine if RMI or Stone & Webster should do the evaluation of options for the next (1996+) plant. A proposal in the amount of $10,900 has been submitted by RMI for the project.
Stone & Webster was contacted regarding the organization and staffing study. Two engineers are being added to plant staff and four trainees are to begin in 1991. New responsibilities will come with the new plant and expanded use of electronic equipment. In addition, the department has been required by environmental agencies to take additional responsibilities for environmental reporting, and growth plus higher reliability requirements have increased the need for operation reports and accounting. All of these concerns will be reviewed, as shown on the Management Issues. Stone & Webster has submitted a bid for a "not to exceed" cost of $30,000.
Mr. VanSant moved that staff be authorized to issue a purchase order to RMI in the amount of $10,900 for the power system forecast update, seconded by Mr. Lynn and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Daisey) with Mr. Pitts absent. In explaining his negative vote, Mr. Daisey stated his feeling that the needed information is already provided in the RMI report.
The committee recommended that staff be authorized to request proposals for an organization and staffing study. Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Daisey) with Mr. Pitts absent.
Bid - Replacement of Trencher
It is necessary to replace trencher #721, 1980 Ditch Witch 6510, in the Electric Transmission and Distribution Division. The low bid was received from Ditch Witch of the Eastern Shore in the amount of $49,045, consisting of a Ditch Witch 6510 complete with backhoe, backfill blade, trencher, plow and accessories. The committee recommended that a purchase order be issued to Ditch Witch of the Eastern Shore for $49,045.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Pitts absent).
Bid - Cable Purchase
The existing stock of 750MCM, 15kV cable needs to be replenished for future jobs including the By-Pass. This is the City's standard operational cable. The low bid was received from WESCO in the amount of $42,075 for 9,000 feet of cable. The committee recommended approval of the low bid.
Mr. VanSant moved that a purchase order be issued to WESCO in the amount of $42,075 for 9,000 feet of cable. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Pitts absent).
Bid - Residential Electric Meters
The supply of single-phase residential meters needs to be replenished. Bids were solicited for the purchase of 96 meters per month for the next 12 months. The committee recommended that a purchase order be issued to Hesco in the amount of $34,410.24 ($29.87 unit price).
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Lynn and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 13, 1990 with Chairman Weyandt presiding.
Privatization - City Automotive Shop
During previous committee meetings, staff presented a report on privatization of the City's vehicle maintenance operation and recommended authorization to proceed with the implementation after negotiating a contract with either Lear Siegler or Ryder/Management Logistics Systems. Members of the Committee expressed concerns about the impact that such a transfer would have on existing maintenance shop employees, particularly in the areas of wages, pension and other employment benefits. The committee requested that staff proceed to negotiate a contract favorable to the City and existing employees but not to privatize the maintenance shop until details of the negotiations were reviewed and subsequently approved by the Committee.
Based upon an assessment of the meetings and final offers submitted by each firm, staff recommended that Ryder/MLS be selected to provide fleet management/repair services to the City of Dover. Ryder/MLS was chosen for a number of reasons, i.e. , experience with local governments, sensitivity to employee concerns, proximity of headquarters, (located in Rockville, Maryland), and their professional approach. However, the most important factor was the firm's willingness to respond to suggested changes in the overall benefits package.
The overall fleet maintenance budget for FY90/91 excluding costs associated with the lease of the facility to the firm (water, electricity, local telephone, etc.) would total $496,152.
If Ryder/MLS is selected, all employees will be asked to complete an employment application and take a pre-employment physical and drug test. Employees will also be given a written test and an oral interview to assess current skill levels in order to determine assignment to proper positions and to develop a training program for the entire shop.
Employees who choose not to seek employment with Ryder/MLS will have other options open to them. The City will encourage them to seek employment elsewhere in the City, and they will be considered for positions based upon merit. These employees will also have their seniority and benefits frozen for a period of up to one year if they are seeking re-employment with the City. If an employee is not re-hired within one year, he will lose seniority and other benefits. These provisions are similar to a lay-off policy except in this case, the employees are not technically laid off. An employee would have to declare his intention to transfer to Ryder or be placed on the lay-off list in order that no pyramiding of benefits occur.
If authorization to privatize is granted, it should be done with the expressed understanding that any new policies or procedures adopted relating to third-party pension contributions, maintenance of existing benefits under a lay-off policy or any other related changes shall only be applicable in similar contracting scenarios and will not apply to specific individuals or programs mandated by state or federal governments without the formal approval of City Council,
Ryder/MLS has indicated their ability to establish a separate 401K retirement plan for current vehicle maintenance shop employees which should be comparable to the City's pension plan. Currently, the City contributes 6.8 percent of an employee's salary to the pension plan, and the employee contributes 2.5 percent of his annual salary to the plan. All six employees currently participate in the pension plan, although participation is optional. Ryder submitted a pension benefit proposal which matches the current 6.8 percent of an employee's salary to the pension plan and the employee would continue to contribute 2.5 percent.
The committee recommended that Council approve privatization of the automotive shop and the contract with Ryder/Management Logistics.
Mr. Weyandt stated that a firm like Ryder/MLS can purchase parts at a much lower price than the City since they purchase in bulk. This could amount to a substantial savings to the taxpayers. He also felt that City staff and Ryder/MLS have worked very hard to protect the City's maintenance employees.
Mr. Weyandt moved for approval of the committee's recommendation to privatize the automotive shop and to approve the contract with Ryder/Management Logistics, effective February 1, 1991, seconded by Mr. Lynn.
Mr. Hall voiced his concerns with privatization in general, feeling that a certain amount of management control would be lost since the City would not be able to interfere if problems should arise. He also voiced concern for the City employees that will be affected by the move, stating that they took their jobs feeling that it was a secured position. He felt that the City should look at other alternatives for bettering the performance of the maintenance shop.
Although he shares some of Mr. Hall's concerns, Mr. VanSant stated that the contractor has been extraordinarily willing to accept our employees at their current seniority and benefit package. He felt that the employees would be protected, and that this would be an opportunity for the employees to better educate themselves in their field.
Mr. Levitt stated that Council has a parallel responsibility to the taxpayers and to the City employees, feeling that the proposal has taken into consideration both the fiscal responsibility of tax dollars and the best interests of our employees.
Mr. Lynn noted that City employees have asked for a tabulation, at the end of the first year, of the amount of money saved with the conversion. He requested that the tabulation include the advantages to the employees, as well as to the City, and that this be performed annually so that this information can be utilized by the employees and the City for future decisions of this nature.
On a call for the question by Mr. Weyandt, the motion was carried by a roll call vote of six (6) yes, two (2) no (Mr. Hall and Mr. Christiansen) with Mr. Pitts absent.
Mr. VanSant moved for acceptance of the Legislative and Finance Committee Report, seconded Mr. Hall and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on December 13, 1990 with Chairman Hall presiding.
Two Hour Parking
The committee considered the following three items related to two hour parking.
Kings Highway - Mr. Farschman requested the initiation of residential parking permits for the residents living in the two hour parking section of Kings Highway. The committee recommended that residential parking permits be initiated for the residents of Kings Highway South/West.
Mr. Hall moved for approval of the committee's recommendation to initiate residential parking permits for residents of Kings Highway, between Division and State Streets. The motion was seconded by Mr. Daisey and unanimously carried.
Gooden Avenue - Dr. Taylor of 33 Gooden Avenue requested consideration of extended parking for his patients that are sometimes required to be in his office for more than two hours. The committee recommended that parking restrictions on Gooden Avenue be temporarily suspended, with the Police Department to continue to monitor the number of spaces utilized by employees of Kent General Hospital.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
The Green - Mr. Dalton requested the addition of two parking spaces for each building located on The Green. He also requested consideration of a transferrable permit for persons having more than one vehicle. The committee tabled action on the request to allow review by the Police Department prior to a recommendation.
Woodcrest Area - The committee recommended that the Police Department contact residents of Schoolhouse Lane to explain the residential parking permit policy. If the residents wish to institute the policy, the committee requested that the request be made by petition to ensure that a majority are in favor prior to implementation.
Mr. Hall moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Lynn and unanimously carried.
SILVER LAKE CAUSEWAY
Mr. VanSant related to two recent incidents where vehicles slid off of State Street into Silver Lake. He referred to this matter as being discussed with the Department of Transportation a few years ago, and moved that the City Manager contact DelDOT to determine the status of safety shrubbery at this location to prevent vehicles from traveling into the lake. Mr. VanSant also requested that the City Manager report back to the Safety Advisory Committee or Council with the results. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Lynn moved for adjournment into Open Forum, seconded by Mr. Hall 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.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 18, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
kh