REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 26, 1990, at 7:30 p.m., with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters, VanSant and Weyandt.
Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend William F. Emery, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved for approval of the agenda, seconded by Mrs. Legates and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 12, 1990
The Minutes of the Regular Council Meeting of March 12, 1990 were unanimously approved by motion of Mrs. Legates, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
PROCLAMATION - PREVENT A LITTER MONTH
The following Proclamation was issued by Mayor Richter:
WHEREAS, every year in Delaware thousands of dogs and cats are destroyed in shelters simply because there is a lack of suitable homes; and
WHEREAS, the promotion of spay/neuter for all companion animals is a vital effort to reduce the number of unwanted and homeless animals; and
WHEREAS, the Kent County SPCA has for 25 years been dedicated to promoting spay/neuter through education.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of April 1990, as:
PREVENT A LITTER MONTH
in the City of Dover, Delaware, and encourage all Dover residents to recognize and support this effort.
PROCLAMATION - PROFESSIONAL SECRETARIES WEEK
The following Proclamation was issued by Mayor Richter:
WHEREAS, professional secretaries are committed to upholding the highest ethical standards; and
WHEREAS, professional secretaries are willing to go the extra mile; and
WHEREAS, professional secretaries are the unheralded members of the management team; and
WHEREAS, the week of April 22-28, 1990, has been designated Professional Secretaries Week by Professional Secretaries International, its originator and sponsor.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of April 22nd through April 28th, 1990, as PROFESSIONAL SECRETARIES WEEK, and Wednesday, April 25, 1990, as PROFESSIONAL SECRETARIES DAY, and ask that management everywhere join in recognizing the outstanding professionals in their employ.
CENSUS WEEK
Mayor Richter announced that April 1st is Census Day across the United States. He emphasized the importance of this information and urged everyone to participate by responding to the questionnaire and mailing the information by the requested date.
RESOLUTION - SPRING CLEAN UP WEEK
By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City and
WHEREAS, the annual Old Dover Days will be celebrated on May 5, 1990.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 22 - 28, 1990 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises. All Spring Clean Up items should be put out the same day as your regular household garbage for pick up.
3. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: March 26, 1990
FIRST SUBMISSION OF PROPOSED ORDINANCE - SECTION 7-16 OF ARTICLE II, DIVISION I - ROBBINS HOSE COMPANY
The City Clerk read into the record a draft ordinance submitted on behalf of the Robbins Hose Company, amending the Code, Section 7-16 of Article II, Division I. The proposed ordinance was reviewed and approved by the Fire Chief.
Mr. Christiansen requested amendments to the proposed ordinance to change the term “Robbins Hose Company No. 1" to read “Robbins Hose Company No. 1, Inc.” and to change “designated as the fire company” to read “designated as the fire department”.
Mr. Rodriguez expressed concern with the proposal, feeling that the term “fire department” should not be utilized to ensure compatibility with the Charter.
Mr. VanSant moved for consideration of the ordinance during the April 9, 1990 Council Meeting, seconded by Mr. Hall and unanimously carried.
MONTHLY REPORTS - FEBRUARY
Chief Hutchison stated that the Police Department has recently purchased a new weapon, The Handler 12, that will replace the use of a nightstick. Cpl. Rogers and Det. Sammons demonstrated the uses of the Handler 12.
Referring to the General Fund Budget Report, Mr. Weyandt voiced concern with expenditures of 85% of the budget. Although the report explains that truck repairs in the Sanitation Department were higher than expected, he felt that close observation is necessary. Mr. Weyandt moved that staff submit an itemized statement of maintenance on each of the vehicles to the Legislative and Finance Committee and the Utility Committee. The motion was seconded by Mr. VanSant and unanimously carried.
Mr. Weyandt also expressed concern with the line item “Public Works Administration” at 71%, and requested that a detailed explanation be submitted on this line item.
Mr. Weyandt moved for acceptance of the February Monthly Reports, seconded by Mr. Daisey and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 13, 1990 with Chairman Legates presiding.
Request for One-Way Alley - Between North Little Creek Road and Spring Garden Avenue
Mr. R.L. Ewing requested that the alley between N. Little Creek Road and Spring Garden Avenue be made one-way, with access from the south. Mr. Ewing has experienced damage to his property from unnecessary traffic utilizing the alley. Owners of the Dover Post expressed objections to the proposal, feeling that the change would place a burden upon Dover Post employees and delivery trucks.
The Planning Commission reviewed the request and although they felt that any expansion of the Dover Post may warrant review of the request in the future, at the present time they recommended no change in the traffic pattern for the alley.
The committee recommended that the alley, between North Little Creek Road and Spring Garden Avenue, remain as it currently exists.
Since no change was recommended, Mrs. Legates reported that Council action is unnecessary.
Parking Outside Wesley Pre-School - Marian S. Marro
Discussions continued on parking limitations in front of the Wesley Pre-School. Chief Hutchison reported that alterations have been made that provide extra parking spaces, and assured members that the Police Department will continue to work on this matter.
Consideration of Two Hour Parking in Certain Areas of the City
Action concerning the consideration of two hour parking in certain areas of the
City was tabled until necessary research has been accomplished.
Mrs. Legates announced that a special Safety Advisory Committee Workshop will be held on April 3, 1990 at 7:30 p.m. to review the downtown traffic flow pattern. She urged all members of Council to attend the meeting.
Mr. Lynn moved for approval of the Safety Advisory Committee Report, seconded by Mr. Daisey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 13, 1990 with Chairman VanSant presiding.
Mr. VanSant moved that items A through E and item I be considered under the Consent Agenda Format since Council action is not necessary at this time. The motion was seconded by Mr. Salters and unanimously carried.
Use of Electric Meter Pedestals at the Property Line
The committee discussed at length the use of electric meter pedestals at the property line rather than the current method of attaching meters to the house. There were many questions raised by members of the committee on the proposal. The committee tabled action on the matter until the next meeting to allow the Electric Department staff to research the questions raised and to submit more detailed information.
Mayfair-Crossgates-Wedgewood-Mayfair II Civic Association - Support of Sound Suppression System for Combustion Turbine and Objections to Coal as a Fuel Source
The committee acknowledged receipt of a letter from the civic association advising of a vote to support the best available technology for sound suppression for the proposed 40 megawatt gas fired unit at the Schutte Farm. It was also the general consensus of the Association that the City should not consider a coal-fired power plant in the future.
Request for Annexation - Northerly Side of Dover - Hazlettville Road - Sophia D. Gagen
The committee considered a request for annexation for property located on the northerly side of Dover - Hazlettville Road, containing 125+/- acres, owned by Sophia D. Gagen. It is requested that the property be zoned as RM-1 and RM-2. The property is contiguous to the present City limits by lot #39 on Mifflin Road. Electric, water, and sewer services are available for the property. When the site is developed, the developer would be required to extend the water and sewer mains and the subsequent costs.
Committee members were concerned with an island being created with annexation of this parcel without inclusion of other residences on Mifflin Road. The committee directed staff to poll the surrounding property owners on their interest in annexation for a report back to the committee.
The Planning Commission recommended that Council set an annexation referendum for the property and further recommended that the zoning classification of RM-1 (Medium Density Residential) be given to the site.
Conrail Agreement
During their February meeting, the committee considered a resolution and easement agreement, for the Puncheon Run sewer interceptor on property owned by Conrail, and requested that City Solicitor Rodriguez investigate the feasibility of condemnation of Conrail property, or making a “blanket” easement to cover more than the present facilities.
It is Mr. Rodriguez' opinion that condemnation would not be effective due to Conrail's affiliation with the Federal Government and protection under the Federal Commerce Clause; however, a “blanket” easement could be written to cover future facilities and negotiated with Conrail.
The Committee was advised that Conrail has two fee structures for the easement, as follows: 1) An annual fee of $921.20 per year, which would be subject to “adjustments” by Conrail, and $6,351 retroactive; or 2) A one time fee of $13,850 for a perpetual easement. The one time fee is calculated from 20 times the annual fee. The committee was provided with the detailed fee calculations.
Staff recommended approval of the resolution and that staff be directed to negotiate for the “blanket” provisions in the agreement using a one time fee of $13,850 and an annual fee of $921.20 per year plus $6,351.
The committee authorized staff to negotiate an agreement with Conrail for review at the next committee meeting.
Energy Conservation Program
During the past several meetings, staff has provided the committee with information on the New England Electric System conservation programs, whereby $65 million will be spent to save $160 million in new plant construction.
The committee was provided with information on the programs and a brief evaluation of the commercial/industrial programs. The committee authorized staff to continue pursuing the program.
Coal as a Fuel Source - Schutte Property - Power 2000 Study
After reviewing the technical stand point and public reaction, staff determined that it will not be necessary to burn coal on the Schutte Farm site. Several proposals have been received from Non-Utility Generators indicating their interest in building a plant on the Schutte Farm or other sites and that staff will pursue the options. Staff recommended that Council state their intent not to build a coal fired plant on the Schutte Farm site.
Mr. French explained that the RMI Study indicated that the option to utilize oil and gas for an extended period of time would be the most cost effective; however, to avoid the shortages of oil and gas, the study also recommended that the City consider coal as a fuel source for a major power plant.
The committee recommended that Council not consider coal as a fuel source for the production of electricity at the Schutte Farm site, to meet the Power 2000 study.
Regarding concerns for a sound suppression system, the committee directed staff to prepare a report on the cost savings derived from eliminating coal as a fuel source, to be reviewed by the committee at its next meeting.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Hall.
Responding to questions of Mr. Christiansen, Ms. Swain stated that no expenditures have been made at this point relative to coal.
Recognizing that the City has expended a considerable amount of money for studies on power supply, Mrs. Legates expressed concern with the motion since all studies have recommended that coal be considered as an alternate fuel source. Noting that there could be a time when coal is the most advantageous fuel source, Mrs. Legates felt it prudent to continue investigation of coal as a power source.
Mr. VanSant explained that although the motion halts the permitting process for coal at the Schutte Farm, the City will continue investigating other sites for a coal fired unit.
Mr. Hall felt that Council has a responsibility to respond to the citizens, living in the area of the Schutte Farm, that are strongly opposed to the use of coal.
Mr. Christiansen agreed with Mr. Hall, but felt that Mrs. Legates made a valid point. He also felt that the City should continue to investigate other alternatives for utilizing coal as a fuel source when it is most advantageous to do so.
Mr. Lynn suggested that if Council agrees to not utilize coal at the Schutte Farm, then the Utility Committee should expeditiously continue review of another site for coal. He reminded members of Council that the very citizens that are now opposed to the use of coal could be the same citizens that congratulate Council's wisdom in utilizing the most economical fuel source in the future.
Mr. Salters stated that Council should investigate all methods that could reduce fuel costs to the citizens. Even if the use of coal is not currently necessary, he felt that we should be prepared in the event it becomes necessary.
It was Mr. Weyandt's opinion that necessary additional capacity has been obtained that will last the City until the year 2000. By that time, federal regulations should be clear on the burning of coal and the City could, at that time, pursue coal as a fuel source.
Mr. Daisey reiterated previous concerns with utilization of coal as a fuel source. He felt that the City could meet its capacity needs by utilizing fuel oil and gas, stating that the money that may be saved by the utilization of coal would not be worth the adverse affect it would have on the quality of life in Dover.
Mr. Levitt clarified the motion, stating that it merely recognizes the fact that coal has some negative environmental impact on the City which detracts from our consideration of coal in the future for the Schutte Farm location. He assured members of Council that the Utility Committee will continue looking at alternatives for energy sources including consideration of coal as a fuel source.
The motion to not consider coal as a fuel source for the Schutte property was carried by a roll call vote of seven (7) yes, two (2) no (Mrs. Legates and Mr. Salters).
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 last levelized fuel adjustment was set in January 1990. The base rates contain a fuel component of $0.034 per kilowatt-hour and the fuel adjustment was set at $0.0021 a kilowatt-hour.
The City currently pays $0.45 per gallon for fuel and has projected fuel costs for 1990 at $0.45 per gallon. The projected fuel fund balance for February 1990 is -$227,472.90 and the actual balance is -$145,633.35 or $81,839.55 better than the projected balance. With the information available at this time, it is estimated that the long term price of fuel will average $0.45 per gallon for 1990. Since the fuel adjustment calculation is the cost of fuel, staff recommended that no changes be made in the fuel adjustment at this time.
The committee recommended no action on the matter.
Acceptance of Streets and Utilities - Woodmill, Woodmill Apartments and Woodmill Duplexes
The developer of Woodmill, Woodmill Apartments, and Woodmill Duplexes has requested that the streets and utilities in those areas be accepted for maintenance and ownership by the City. Once 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 and as-built drawings, and a one-year maintenance agreement and bond have been submitted. Staff recommended acceptance of the dedication of Woodmill, Woodmill Apartments, and Woodmill Duplexes.
Regarding questions on the sidewalks, staff reported that a Letter of Credit has been submitted to cover the sidewalk and apron work for Woodmill Duplexes. Once completed, the City will obtain a separate maintenance bond on that portion for an additional year.
The committee recommended acceptance of the streets and utilities in Woodmill, Woodmill Apartments and Woodmill Duplexes.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Responding to Mr. Weyandt's question on sidewalks, Mr. Cregar explained that the City can require sidewalks prior to development of the area around Pollitt's Radiators. Mr. Christiansen also voiced concern with the lack of sidewalks in this area, stating that many children utilize this roadway.
Update on Sidewalk Program
The committee received an update on the Sidewalk Program and took no further action.
Engineering Agreement - Disinfection Study
In order for the City's water distribution system to be in compliance with EPA standards, the Department of Public Works requested proposals on a disinfection study. The City received proposals from seven (7) firms for engineering services for the City's Disinfection Study, with three (3) firms selected for interviews. Based on the written proposals and interviews, staff began negotiations with BCM Potomac, Inc., of Washington, D.C. The negotiations have led to a contract in the amount of $30,000. Payments will be made only for the actual hours worked, and the $30,000 is a not-to-exceed amount. The project will be completed in six (6) months.
The committee recommended that the contract be awarded to BCM Potomac, Inc. for an amount not-to-exceed $30,000.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Hall and carried by a unanimous roll call vote.
Engineering Agreement - Long Point Road Water Main
In conjunction with the 1989-94 Capital Improvements Plan, and the Well Field Development project, water mains are to be extended from the proposed treatment plant on Long Point Road to the existing City mains on White Oak Road and North Little Creek Road.
Due to the scope of this project, staff hired an outside firm to complete the survey and design work necessary to bid the project. Staff negotiated with Andrews, Miller and Associates of Cambridge, Maryland based on previous experiences with projects of this magnitude. The negotiations led to a contract for an amount not-to-exceed $37,000.
The committee recommended that the contract be awarded to Andrews, Miller and Associates for an amount not-to-exceed $37,000.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Bid - St. Jones River Water Main Crossings
In conjunction with the 1989-94 Capital Improvements Plan, it was proposed to replace the water mains across the St. Jones River at Division Street and U.S. Route 13. These were two separate projects in the CIP; however, they were bid as one due to the special pipe required for river crossings.
The low bid was received from W.H. Streit, Inc. in the amount of $174,650.21. The engineer's estimate was $179,460. The committee recommended awarding the contract to W.H. Streit, Inc. in the amount of $174,650.21.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
College Road Substation - Phase II - Relay Components
Bids were requested for the final purchase of electro-mechanical relay components to be installed in the College Road Tie Substation. This is to include all the protective components associated with the 138/69kV equipment. Delmarva is to perform some of the relay and communications work. They have submitted an invoice for a lump sum of $172,678.80 complete. If these items are approved, the total project commitment to date will be $1,289,478, compared to the budgeted amount of $1,594,000.
The committee recommended that the low bids be accepted and awarded as follows:
Mellis Corporation - Relays, Etc. $ 66,339.90
WESCO (Wilmington) - Relays, Etc. 125,761.40
Delmarva - Relays & Communication 172,678.80
$364,780.10
Mr. VanSant moved for acceptance of the bid as recommended by the committee, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Combustion Turbine - Civil Site Work
Bids were solicited for the civil site work for the combustion turbine project which will directly follow the initial civil work consisting of the construction of the entrance/access road to the site. This phase will include piles, concrete footings, grounding, finish grading, and paving. Work is scheduled to begin in April. The low bid was received from Guardian Construction in the amount of $1,270,532. The engineer's estimates was $1,147,600.
The committee recommended that a purchase order be issued to Guardian Construction Company for the sum of $1,270,532.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a roll call vote of eight (8) yes, one (1) abstention (Mr. VanSant).
Combustion Turbine - Substructural Steel and Associated Electrical Components
The planning/design of the Parkland Generating Station requires part of a “ringbuss” type substation to be constructed to transmit power from the combustion turbine to the existing General Scott Substation for further distribution to DP&L and/or throughout the City. Bids were solicited for this phase of the project which is scheduled to begin in July. The low bid was received from M.D. Henry Co. , Inc. , for a lump sum cost of $46,691. The engineer's estimate was $47,500. Design and specifications for this portion of the project is the responsibility of City staff.
The committee recommended that a purchase order be issued to M.D. Henry Co. , Inc. in the amount of $46,691.
Mr. VanSant moved for acceptance of the bid as recommended by the committee, seconded by Mr. Salters and carried by a unanimous roll call vote.
McKee Run #6 Fuel Oil Supply for 1990 - 1991
The current contract with Amerada Hess to supply the McKee Run power plant with #6 oil will expire on June 30, 1990. Under the terms of the contract, the City has the option to extend it for another 12 month period with the same terms, conditions, and price. The specifications call for 3% sulfur oil. Hess bid with a guarantee of 2.6% sulfur and gave an expected range of 2.07% sulfur. Based on laboratory tests, the average sulfur content of the oil supplied by Hess has been 2.04%. Although Hess is supplying 2% oil, they are pricing it on 3% prices.
Based on the high quality of the oil, the excellent service, the continuation of the current transportation cost and the desire to burn the most environmentally safe fuel at the best possible price, the committee recommended that the current contract be extended for an additional 12 months.
Mr. VanSant moved for acceptance of extending the current contract with Amerada Hess as recommended by the committee, seconded by Mrs. Legates and carried by a unanimous roll call vote.
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Daisey and unanimously carried.
CRANBERRY KNOLL TOWNHOUSES
On March 13, 1989 Council rezoned 1.84+/- acres located on the north side of Walker Road, from R-7 (single family residential) to RG-3 for the purpose of constructing townhouses. The developers filed a Site Plan for review which was approved by the Planning Commission on May 15, 1989. Site Plan approval is valid for one year.
Developers have submitted various reasons for the delay in construction and are requesting an extension of time to permit completion of outstanding items.
The City Planner submitted the matter for Council action pursuant to Article 10, Section 5.103. The Planning Commission has reviewed the information and recommended that Council support the approved Site Plan time frame which would expire on May 15, 1990 and further grant a 30 day extension of time to extend to the Planning Commission's June 18, 1990 meeting. At that time, the Planning Commission will report to Council on the progress of the development proposal.
Mr. VanSant moved to delay the reconsideration of the zoning for Cranberry Knoll Townhouses, under Article 10, Section 5.103, until June 25, 1990, with the Planning Commission's recommendation be made to Council on that date. The motion was seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
PROPOSED ARTICLES OF INCORPORATION - DOWNTOWN DEVELOPMENT COMMITTEE
The Downtown Development Committee submitted the Articles of Incorporation for the Dover Development Corporation. Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Lynn and unanimously carried.
APPEAL OF SIDEWALK REPAIR ASSESSMENT
In accordance with Section 18.7-7 of the Dover Code, appeals on sidewalk repair assessments were received as follows:
1) Mr. & Mrs. Daniel Skweres - 611 William Street
2) Mr. & Mrs. David Schucker - 305 N. New Street
Mr. Christiansen moved to set appeal hearings for the above property owners for April 9, 1990 at 7:30 p.m. The motion was seconded by Mr. Salters and unanimously carried.
CORRESPONDENCE
Request for Reimbursement of Damages Stemming from Sewer Backup
A letter was received from John O'Brien, attorney representing Zackary Gaddis, requesting reimbursement of damages stemming from a sewer backup at 131 Madison Court.
Mrs. Legates moved for referral to the Utility Committee, seconded by Mr. Daisey and unanimously carried.
Request for Placement of Five Relocatable Classrooms - Capital School District
A request was received from the Capital School District for permission to place five relocatable classrooms at district school sites.
Mr. Christiansen moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Daisey and unanimously carried.
Delaware Commission of Veterans Affairs - Municipal Lot Vendor
A letter was received from the Delaware Commission of Veterans Affairs requesting that the City continue to permit a disabled veteran to operate a vendor business in the municipal lot, adjacent to City Hall,
Mr. Christiansen moved for referral to the Legislative and Finance Committee, seconded by Mr. Salters and unanimously carried. In light of the fact that other vendors have requested permission to utilize the lot, Mr. Christiansen requested that the Legislative and Finance Committee consider this matter during their March meeting.
Mr. Weyandt moved to adjourn into open forum, seconded by Mr. Daisey and unanimously carried.
OPEN FORUM
Mayor Richter 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 8:52 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 26, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
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