REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 22, 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 Doreina Miles, followed by the Pledge of Allegiance.
ANNOUNCEMENT - PARAMEDIC LEGISLATION
A brief update on the paramedic legislation was given by Mr. Levitt. He informed the public that Governor Castle is expected to sign Senate Substitute No. 1, for Senate Bill No. I (paramedic legislation) that will institute a statewide paramedic program. Mr. Levitt stated that Delaware will be the first state in the nation to have such a program. The funding is set at a 60/40 split (State/County) and the City of Dover and Levy Court will be very involved in implementation of the program.
AGENDA ADDITIONS/DELETIONS
Mr.Weyadt moved for acceptance of the agenda, seconded by Mrs. Legates and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 8,1990
The minutes of the Regular Council Meeting of January 8, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Christiansen and bore written approval of Mayor Richter.
MONTHLY REPORTS - DECEMBER
Referring to the General Fund Report, Mr. VanSant questioned why the transfer tax totals differ from the totals reported in the Assessor's Report. A question was also raised on the accuracy of the calculation of the transfer tax shown for property at 735 Holly Drive. Mayor Richter stated that staff will report answers to these questions at the next Council Meeting.
By motion of Mr. Weyandt, seconded by Mr. VanSant, Council unanimously adopted the following reports for the month of December:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
RECOGNITION OF EMPLOYEE OF THE YEAR - MONROE FREEMAN
During the past year, City Employees of the Month have been selected. Those selected throughout the year were considered for selection of Employee of the Year. Monroe Freeman, an employee of the Central Services Department, has been chosen as the first City of Dover Employee of the Year. Mr. Freeman has over 21 years of service with the City. As the recipient of the award, Mayor Richter presented Mr. Freeman with a United States Savings Bond, three (3) additional vacation days, and an engraved plaque. A second plaque will be placed in City Hall depicting all Employee of the Year recipients. Mr. Freeman accepted the award, thanking those that have helped him during his tenure with the City of Dover.
PROPOSED RESOLUTION - CREATION OF DOVER SUBSTANCE ABUSE PREVENTION ADVISORY BOARD
In the past, the City has reacted to substance abuse almost exclusively through its Police Department and the Chief's Task Force. The City recently agreed to hire a full-time civilian employee to work exclusively in the area of substance abuse prevention. The City of Dover has been chosen to be part of the "Delaware Community Clusters Against Substance Abuse (DECCASA) Project: , which requires the creation of a community advisory board. The original task force, Dover's Community Task Force, has been effective and will continue in its efforts.
Mr. Lynn moved for approval of the Resolution, seconded by Mr. Daisey. By a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover recognize the importance of substance abuse prevention in this community, and the importance of maintaining an environment that encourages a drug free community; and
WHEREAS, the City of Dover Police Department has been diligent in the enforcement of drug and alcohol laws in the City of Dover, uniting with all law enforcement agencies in the war against drugs and has expanded its educational activities within the community and prevention programs within the schools; and the Chief of Police has an active citizen advisory "Task Force" to address the drug problems in the City of Dover; and
WHEREAS, the City of Dover has been selected to be part of the "DELAWARE COMMUNITY CLUSTERS AGAINST SUBSTANCE ABUSE (DECCASA)" project, which joins six small towns and cities in Delaware in a demonstration project to address the increasing problems of substance abuse in our communities; and
WHEREAS, the "DELAWARE COMMUNITY CLUSTERS AGAINST SUBSTANCE ABUSE" project requires the creation of a community advisory board.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER HEREBY FORMALLY ESTABLISH THE DOVER SUBSTANCE ABUSE PREVENTION ADVISORY BOARD.
A. This board shall:
1. Advise the Mayor and Council on the following issues relating to substance abuse prevention in the community:
a. Implementation of "Above The Influence" (ATI) training.
b. Development of community needs and resources assessment.
c. Development of community action plans.
d. The appropriate agencies in Dover to carry out the "Youth Connection" and "Family Involvement" components of the Delaware Community Clusters Against Substance Abuse.
2. Receive training in the "Above The Influence" model.
3. Meet monthly for the first three months of the project, and at least bimonthly thereafter.
4. Develop grass root support and advocate against substance abuse in the City of Dover.
5. Report periodically, and at least annually, to the Mayor and Council on its progress.
B. The City of Dover, including the Community Prevention Coordinator for the City, will provide staff support to the Advisory Board.
C. The Mayor shall appoint members and shall designate the Chairperson of the Board; the Board shall organize itself as it deems appropriate and may appoint sub-committees consisting of other interested citizens to assist them in meeting their goals.
D. The original appointments shall consist of:
Mr. Robert F. Neylan - Chairperson - Capital School District
Dr. Gladys D. W. Motley - Delaware State College
Mr. Michael Wright - General Foods
Mr. John Pitts - NAACP
Ms. Virginia Dennis - Citizen Dover/Delta Sigma Theta Sorority
Reuben Salters - City Council, Fourth District
Mr. Marshall Arnell - Dover High School
Rev. Rudolph W. Coleman - Mt. Zion AME Church
Mrs. Alice R. Rasmussen, Wesley College
James L. Hutchison - Police Chief, City of Dover
Ms. Emily Morris - Kent County Head Start Child Development Corp.
Ms. Marion Harris Human Relations Commission
Dr. Linda C. Jolly Delaware Technical & Community College
Dr. Patrick Savini Caesar Rodney School District
Mr. James Marshall Businessperson
Dr. Jefferson Adams - Kent County Vocational Technical School
Lt. Jeffery Bassett - CORPS Commanding Officer/Salvation Army
ADOPTED:January 22, 1990
Mayor Richter announced that the following citizens have expressed a desire to be involved with the Board:
1. Elder James Dixon - Bible Way Temple Church of Christ
2. Mr. Larry Brokenbrough - Kirkwood Street Educational, Recreational
and Development Committee
3. Alexander Bey - Juvenile Awareness Education Program
4. David Lewis - Night Manager, Delaware State College
Mayor Richter suggested that the names be forwarded to the Board, stressing that the efforts of the entire community will be necessary in order to Make the Project successful.
Referring to a job description and salary range for a Community Prevention Coordinator, Mayor Richter requested referral to the Legislative and Finance Committee for review. Mr. VanSant moved for referral to the Legislative and Finance Committee, seconded by Mr. Daisey and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on January 9, 1990 with Chairman Legates presiding.
Loading Zone - The Green
With the completion of Constitution Place and the recent enactment of the text amendment to permit retail establishments from Water Street to Loockerman Street, a loading zone was established on the northeast quadrant of The Green. The loading zone will accommodate current retail establishments and will help to promote retail shopping establishments along Constitution Place. Subsequent to this action, the City received a petition from residents and employees of The Green opposing the elimination of two parking spaces to create the loading zone and the issuance of parking tickets to violators without warning or regard to traditional parking habits.
Residents and employees of The Green addressed the committee conveying their feeling that a loading zone is not necessary in the area of The Green and that the elimination of the two parking spaces has created a hardship for the residents and employees of The Green. However, a retailer supported the loading zone. explaining that he owns an antique shop in this vicinity. With no rear access to the shop, a loading zone Is necessary. He suggested that employees of The Green utilize public parking facilities.
The committee discussed suggestions of resident parking permits in areas of the City that have specific resident parking problems and diagonal parking around The Green to increase the number of available parking spaces.
The committee recommended that the loading zone be maintained as it currently exists, and that a study be performed by the Chief of Police and other staff members, addressing the possibility of establishing resident parking permits in the City and diagonal parking in the vicinity of The Green.
Mr. Christiansen suggested that the study also include parking permit consideration for residents living in the vicinity of Kent General Hospital, Wesley College, and Dover High School. Mrs. Legates clarified that it was the committee's Intent to include consideration of parking permits in all areas of the City where resident parking is a problem.
Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
The Safety Advisory Committee Report was accepted by motion of Mr. Christiansen, seconded by Mr. Hall and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 9, 1990 with Councilman Levitt presiding in Chairman VanSant's absence. Mr. Levitt moved that agenda items 4C - 4F be considered under a consent agenda format, seconded by Mr. VanSant and unanimously carried.
Sidewalk Program - Tree Pruning Costs
As requested by Council, staff prepared an outline on tree pruning costs involved in the 1987 and 1988 Sidewalk Program. (It was noted that Council excluded the tree pruning costs for the 1989 Sidewalk Program at the time of its acceptance.)
City staff explained that in 1987, the roots of 14 trees were pruned, with only four assessed in the City contract. In 1988, the roots of 80 trees were pruned, with 48 included in the City contract. If Council chooses to reimburse property owners for this expense, the property owners that chose to have the roots pruned by a private contractor would be required to provide a copy of their bill showing the tree pruning' costs in order to receive reimbursement. Staff recommended that this expense not be reimbursed.
The committee recommended that the City not reimburse property owners in the 1987 and 1988 Sidewalk Program for tree pruning costs.
Mr. Levitt moved for acceptance of the committee's recommendation to not reimburse property owners in the 1987 and 1988 Sidewalk Program for tree pruning costs, seconded by Mr. Hall.
Mr. VanSant objected to the motion, stating that Council excluded tree pruning costs for the 1989 Sidewalk Program because it was felt that protection of the trees was for the benefit of the City and that the costs should not be charged to individual property owners. The City realized it was wrong in the third year of the program and Mr. VanSant felt it unfair that the policy be changed for only the third year and not for the first and second years. He objected to treating these citizens in a different manner and urged members of Council to treat everyone involved In the Sidewalk Program equally.
Mr. Christiansen concurred with Mr. VanSant, stating that it would only be fair and equitable to treat all citizens in the same manner.
Mr. Hall expressed his support for the motion, stating that although Council realized that an error had been made, a starting point for the new policy had to be determined which began with the 1989 Sidewalk Program. Mr. Daisey agreed, feeling that mistakes cannot be undone. He felt that Council should correct the mistake and go forward.
On a call for the question by Mr. Weyandt, the motion was carried by a roll call vote of five (5) yes, four (4) no (Mrs. Legates, Mr. Lynn, Mr. Christiansen and Mr. VanSant).
Request for Reimbursement of Tree Pruning Costs - Helen Boyer
Ms. Helen Boyer of 11 Pennsylvania Avenue submitted a letter requesting that Council consider reimbursement for tree pruning costs incurred during the 1988 Sidewalk Program.
It was noted by Council that the above request is automatically denied by the previous motion of Council to not reimburse property owners in the 1987 and 1988 Sidewalk Program for tree pruning costs.
Acceptance of Streets and Utilities - Independence Village, Phase II
The committee considered acceptance of streets and utilities in Independence Village, Phase II. Staff has inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. As-built drawings have been submitted as well as a one-year maintenance agreement and bond. Staff recommended acceptance of the dedication of Independence Village, Phase II.
Noting that Independence Village consists of vacant lots and anticipating future construction where heavy equipment will be utilizing the streets, Mr. Hall relayed concerns with acceptance of the streets. The City Engineering Department explained that any damage directly attributable to the equipment of the contractor is covered under the maintenance bond. After discussing this matter at length, the committee suggested that consideration be given to extending the time of the maintenance bond since completion of the development would most likely take more than one year.
The committee recommended that the City reject the dedication of Independence Village, Phase II, at this time. The committee also recommended that staff develop an ordinance that would change the allotted time for the maintenance bond from a one year limit to expire at completion of construction. It was noted by the committee that staff's recommendation was not voted upon by the committee.
Mr. Levitt moved for acceptance of the dedication of Independence Village, Phase II, seconded by Mr. Lynn.
Stating that he would reluctantly support the motion, Mr. Hall felt that the developer should be responsible for street maintenance until the entire development has been completed. Mr. Weyandt agreed, stating that although this particular development must fall under the current guidelines, he suggested policy changes for new developments that will allow street acceptance upon completion of the development.
The motion to accept the streets and utilities in Independence Village, Phase II, was carried by a unanimous roll call vote.
Vondaway Drive - Sanitary Sewer Project - Update
As requested by the Utility Committee, staff sent a letter to the owners of property south of Vondaway Drive requesting an easement across their property to extend sanitary sewer from the Acorn Lane Pumping Station. The committee was provided with a map depicting the proposed easement location.
Ms. Swain stated that Mr. Francis Biondi, representing the property owners, contacted staff requesting that the main be moved closer to the western property line to allow the purchasers of the property to develop it as they wish. Staff has informed Mr. Biondi that the request can be approved with the understanding that the property owners will still be assessed for the main on their property. Ms. Swain reported that the easements should be surveyed and recorded within the next two months. The committee took no further action.
Energy Conservation Program
Staff was directed by the Utility Committee to investigate comments on network television about an energy conservation program in New England which involved distributing high efficiency light bulbs. Several customers have also contacted the Electric Department commenting on the program.
Staff has located several articles which describe the program and the equipment being promoted. The light bulbs featured can develop the output of a 75W incandescent bulb using about 15W. These bulbs are made for a standard socket, but are much larger than a standard bulb and would not fit some fixtures. The cost ranges from $24 to $36 each with a life expectancy of five to six years. In some applications, the bulbs can save the customer money over the life of the bulb, and can delay the need for a new power plant.
Ms. Swain reported that New England Electric System (NEES) plans to spend $65 million on programs of this nature and hopes to save $160 million by delaying the need for additional power plants. She advised committee members that a representative of NEES has been contacted and an informational packet requested.
Staff will continue to investigate the program and submit a progress report to the Utility Committee in February.
Status Report - Whiteoak Pumping Station - Emergency Generator
During their meeting of December 4, 1989, Council approved the request to install an emergency generator at the White Oak Farms pumping station. As requested, CABE Associates submitted a proposal for the engineering services to design, build and oversee the installation of the generator. The proposal included $4,500 for design, and an estimated $6,500 for construction services.
Ms. Swain stated that the Electric Department was contacted to determine if they have the capabilities and available time to perform the work. Mr. French has indicated that the Electric Department could perform the work with the design completed within one month. The committee took no further action.
Bid - Transformer for Combustion Turbine
It is necessary for the City to purchase the step-up transformer for the combustion turbine. The engineer's estimate was $332,675. Two bids were received, however, both bids were unacceptable since they did not meet the City's specifications. Informational bids were solicited from qualified vendors and received as follows:
Size Price Delivery
GE 25/33/42/47MVA $294,350 40 wks. (Oct. 90)
WESCO (ABB) 27/36/45MVA $404,917 32 wks. (Aug. 90)
WESCO (ABB) 45/60/75MVA $474,418 32 wks. (Aug. 90)
The committee recommended that the bid be awarded to the lowest bidder and that a purchase order be authorized to GE in the amount of $294,350.
Mr. Levitt moved for approval of the committee's recommendation to issue a purchase order to GE in the amount of $294,350, seconded by Mr. Hall and carried by a unanimous roll call vote.
Bid - Demineralized Water System
The City must purchase equipment for the combustion turbine to purify water that will be injected with the fuel oil for Nitrous Oxide (NOx) control. Bids were solicited for furnishing and installing the equipment (not including building or piping connections). The engineer's estimate was $450,000.
The low bid was submitted by Aquatech in the amount of $599,125. The committee recommended that a Purchase order be issued to Aquatech in the amount of $599,125 for the purchase of the demineralized water system for the combustion turbine.
It was noted by staff that it may be necessary to purchase additional equipment if the City's water is found to be different from analysis taken from the wells at General Foods; however, the basic equipment would still be required. Mr. Weyandt suggested that the City have the capability for adjustment in the equipment if the water is found to be different from the initial analysis and that the purchase order be written to include this stipulation.
Mr. Levitt moved for approval of the committee's recommendation to accept the low bid and issue a purchase order to Aquatech in the amount of $599,125, seconded by Mr. Hall and carried by a unanimous roll call vote.
Field Erected Steel Tanks
It is necessary for the City to purchase water and fuel tanks for the combustion turbine project. The engineer's estimate was $250,000. The low bid was received from RECO Constructors in the amount of $238,505.
Ms. Swain stated that installation is expected to begin in June and completion in September.
The committee requested that Mr. French submit a sequential timetable for the combustion turbine project.
The committee recommended that a purchase order be issued to RECO Constructors in the amount of $238,505. In the future, the committee requested that staff allow adequate time for committee review on items of this nature.
Mr. Levitt moved for approval of the committee's recommendation to issue a purchase order to RECO Constructors in the amount of $238,505, seconded by Mr. Hall and carried by a unanimous roll call vote.
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Levitt and carried with Mr. Christiansen voting no.
DANGEROUS BUILDING - NOTIFICATION OF NON-COMPLIANCE - 724 RIVER ROAD
Since January 1989, the Building Inspector has attempted to secure compliance with the City’s Dangerous Building Ordinance, BOCA Existing Structures Code, and BOCA Building, Plumbing and Mechanical Codes, of a property located at 724 River Road. The property is currently in an estate of Soloman Allen and upon his death, his interest passed onto his four daughters and one son. After original notification to the family for repair or demolition, the family requested time to allow for repair of the property. The family promptly secured the building and cleaned the yard; however, since that time, no other action has taken place and the City has received no response to letters sent to family members.
The Building Inspector requested that a public hearing be scheduled for February 12, 1990 to consider demolition of the property located at 724 River Road.
Mr. VanSant moved that a public hearing be set for February 12, 1990 to consider demolition of 724 River Road and that the owners, and all other persons having an Interest in the property, be notified to appear before Council to show cause why the building reported to be dangerous should not be demolished. The motion was seconded by Mr. Hall and unanimously carried.
CORRESPONDENCE
Request to Place Historical Marker is Honor of Richard Allen, in Loockerman Street Median Strip in Front of the Townsend Building - State of Delaware - Division of Historical and Cultural Affairs
A letter was received from Mr. Harmon R. Carey, Executive Assistant of the Division of Historical and Cultural Affairs, requesting permission to place an historical marker in the median strip in front of the Townsend Building. The marker was originally installed in July 1988 on Route *9 in honor of Richard Allen, founder of the African Methodist Episcopal Church. The original marker was destroyed by vandals and the Division now wishes to replace the marker and locate it in the City.
Mr. Cregar reported that research revealed that Loockerman Street is the State of Delaware's right-of-way, and he suggested that any approval of Council be contingent upon approval by the State of Delaware.
Mr. Ed Minus, representing the Afro-American Historical Society of Delaware, addressed the request. Mr. Minus explained that the General Assembly allocated funds to his organization for the marker and Governor Castle has approved general funds to replace the marker.
Mr. Weyandt stated that trees and signs erected at this site by the City have been damaged by vehicular accidents, suggesting a safer location for the marker such as near the Firemen's Memorial along Park Drive.
Mr. Daisey moved that the request for the marker placement be approved conditional upon final approval by the State of Delaware, and that if approval is not gained, then the City and Afro-American Historical Society will select another appropriate site. The motion was seconded by Mrs. Legates and unanimously carried.
Water/Sewer Bill Dispute - Kenneth Edwards - 40 S. Governors Avenue
In a letter to Mayor Richter, Mr. Kenneth Edwards, owning property at 40 S. Governors Avenue, disputed a water bill received from the City of Dover. Mr. Edwards experienced a water leakage problem that inflated his sewer bill.
Mr. Weyandt moved for referral to the Utility Committee, seconded by Mr. Lynn. Mr. VanSant felt that the Legislative and Finance Committee would be better equipped to deal with this matter since it involves account charges and refunds. Since much confusion transpired over which committee should review the matter, Mr. Weyandt withdrew his motion as did Mr. Lynn his second.
As a compromise between the calculations of the City and Mr. Edwards, Mr. Weyandt moved that Mr. Edwards be given a credit towards his water/sewer bill in the amount of $233.89. The motion was seconded by Mr. VanSant and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Appeal of Insurance Claim Denial - Jean Couchman
Ms. Jean Couchman requested that Council hear her appeal of an insurance claim denied by the City's insurance carrier. Ms. Couchman was backing from her driveway at the same time that a City refuse truck was backing on Edgehill Avenue and the two vehicles collided. The City's insurance carrier concluded that both drivers contributed to the accident and could not offer recovery to Ms. Couchman. It is Ms. Couchman's feeling that the driver of the City vehicle was at fault and that the City should pay for damages sustained to her vehicle.
Mr. Christiansen moved for referral to the Legislative and Finance Committee, seconded by Mr. Lynn and carried with Mr. Weyandt voting no.
Mr. VanSant moved for adjournment into open forum and then into executive session to discuss legal and personnel matters, seconded by Mr. Lynn and unanimously carried.
Meeting Adjourned at 8:45 P.M.
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.
William Hart - Consent Agenda
Mr. William Hart voiced his objections to the use of consent agendas, feeling that it is illegal to vote on combined motions in this nature. He stated his feeling that this practice prohibits the public from seeing how individual members of Council voted on an issue.
Roy Bogus - 229 Frear Drive
Mr. Roy Bogus of 229 Frear Drive also voiced concern with the concept of consent agendas, stating that the public is not always aware of the issues that are being approved. Relating to an earlier action to set a public hearing for noncompliance with the Dangerous Building Ordinance, Mr. Bogus urged Council to take action in a more timely manner on dangerous structures. He felt that 90 days is sufficient time to allow for repairs to a structure, stating that Council is far too lenient in this area.
Open Forum Adjourned at 8:55 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 22, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
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