REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 28, 1989 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 John H.K. Miller, followed by the Pledge of Allegiance.
PRESENTATION OF CHECK - STORER CABLE COMMUNICATIONS
In accordance with our Franchise Agreement, Storer Cable Communications presented the City of Dover with a check totaling $128,000. Mayor Richter expressed his appreciation to Mr. Chris Wegemer, Operations Manager for Storer Cable Communications.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested an addition to the regular agenda, items 1A and 1B for a report by the Parks and Recreation Committee and the Safety Advisory Committee. He also requested an addition to correspondence, as item 5F.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mrs. Legates and unanimously carried.
There were no changes to the consent agenda.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 14, 1989
The Minutes of the Regular Council Meeting of August 14, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Legates and bore the written approval of Mayor Richter.
MONTHLY REPORTS
By motion of Mr. Weyandt, seconded by Mrs. Legates, Council unanimously accepted the monthly reports for the month of July:
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
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
RECREATIONAL PROGRAMS TARGETED TOWARD CITY'S DRUG PREVENTION EFFORTS
Mayor Richter reviewed an update on programs which will be implemented to meet the recreational needs of the high-risk youth in the City's effort to promote drug prevention in Dover. The program is comprised of both short and long term components, as follows:
Short Term
A. Telephone Hot Line - The City budgeted funds this year to install a telephone hot line to provide youth with information on activities of interest. The hot line will also include programs for youth and teens sponsored by various organizations throughout the City. This item was requested in the survey completed by Dover High School students.
B. Partnership - Capital School District - Strengthen partnership between the City of Dover and the Capital School District, Caesar Rodney School District and Kent Vo-Tech in our efforts to provide recreational activities for youth during after-school hours and on weekends.
C. City of Dover Program Brochure - Starting this fiscal year, the Parks and Recreation Division will print a Fall, Winter/Spring, and Summer brochure. This brochure will Include information on all programs offered by the City of Dover and a listing of all City park facilities. In addition, recreational programs offered by other organizations in the community will be included.
D. Programs for Teens Starting Fall 1989
1. Teen Open Gym Volleyball (Recommended by Teen Survey).
2. Teen Open Gym Basketball (Recommended by Teen Survey).
3. Dover Park Recreation Center - Increase hours from 14 to 22 hours per week.
4. Trips to sporting events and museums.
E. Networking with Community Groups - Staff will continue to work with local community groups to address needs of high-risk youth and deal with issues of concern to youth.
F. Delaware Communities Clustered Against Substance Abuse - Staff has applied for a three-year State-funded grant program which we anticipate receiving in October 1989. The grant funds a program designed to educate Delaware high-risk youth about the benefits of wellness and the consequences of substance abuse through an Holistic Health Model.
Long Term
A. Community Center - There is a need for a community center in Central Dover. At the present time with the emphasis to provide alternative activities for youth and teens in the Kirkwood Street area, the ideal location would be within walking distance of Whatcoat, Simon Circle, Liberty Court, Capitol Green, and downtown areas near Queen and Fulton streets. This center should include a variety of activities from craft classes, table games, ping pong, video games, snack area, study area and a television/VCR. Along with activities in the center, there should be trips for center members and use of Capital School District facilities for active sports.
B. Dover Arts Council - Work with the Arts Council to use the Capitol Theatre to provide entertainment for youth and teens. Also through the Arts Council, work with youth and teens with drama and visual art activities.
Mayor Richter suggested that the policy be further addressed during an upcoming Town Meeting.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on August 28, 1989 at 7:00 p.m. with Chairman Legates presiding.
Update on Maple Tree - 405 N. Governors Avenue - Gerald Charles
The committee reviewed a staff recommendation regarding the tree and sidewalk repairs at 405 N. Governors Avenue. The Public Works Department has revised its policy and will allow ramping up and over a tree root system if there is no other safe way to replace or repair the sidewalk. The maximum grade allowance will be one inch per linear foot. This concept can be used by Mr. Charles when making sidewalk repairs in front of his home and would allow the maple tree to remain. In order to meet the grade specifications, however, an additional 5' panel of sidewalk will have to be replaced. A portion of the panel is located in front of property adjacent to Mr. Charles.
The committee recommended that Mr. Charles be allowed to ramp the replacement sidewalk at a maximum grade change of 5" and absorb the additional costs involved which are estimated at $100. Mr. Charles was present at the committee meeting and agreed to the recommendation.
Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 28, 1989 at 7:15 p.m. with Mrs. Legates presiding.
Proposed Ordinance - Prohibition of Trucks in Residential Areas
As directed by the committee, Chief Hutchison submitted sample ordinances relative to a prohibition of trucks in residential areas. The Police Department reported that during the last several years they have received very few complaints dealing with commercial vehicles and parking problems. It was suggested by Chief Hutchison that an ordinance not be adopted at this time and that the Police Department continue to handle such problems on a case by case basis.
The committee recommended no action at this time. Mrs. Legates moved to approve the committee's recommendation, seconded by Mr. Lynn and carried with Mr. Christiansen voting no.
Mr. Christiansen moved for approval of the reports as submitted, seconded by Mr. Lynn and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 15, 1989 with Chairman VanSant presiding.
Suggestions for Bagging Grass Clippings - Linda Capone
A suggestion regarding bagging for grass clippings, submitted by Mrs. Linda Capone, was considered by the committee. Mrs. Capone suggested that use of plastic bags be prohibited since they are slow to decompose. She further suggested that color coded containers be utilized so that grass clippings could be collected on the mechanized trash system.
The committee recommended that the City continue utilization of plastic bags, suggesting to the public that biodegradable bags be used, and that the suggestion for color coded containers for mechanized pickup be included in future studies.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Request for Abandonment of Drive Easement - Brock Berry
A request was received from Mr. Brock Berry for the City to abandon a paved 16' wide drive easement in Presidential Courts which exists between lots 59, 60 and 39, 40 to permit utilization by the adjacent property owners. When Presidential Courts was developed, the developer attempted to change what seemed to be dead-end parking areas into travelways or thru streets. The change was endorsed by the Robbins Hose Company who felt it would provide easier accessibility for fire department operations.
The request for abandonment has been reviewed by the Development Advisory Committee. The Police Department and Fire Department have no objections to abandonment since the drive easement is very narrow and would provide limited accessibility for emergency vehicles.
The Utility Committee recommended that a public hearing be scheduled to abandon the 161 wide easement in Presidential Courts, located between lots 59 & 60, and 39 & 40, stipulating that necessary easements be retained and that the property owners be responsible for all costs of conveyance.
Since the date of the Utility Committee meeting, It was discovered that preparation of new deeds will not be necessary since the property is already incorporated in the deeds of the adjacent property owners. Also, since Council Is abandoning a drive easement and not a parcel of land, it is not necessary to retain utility easements.
Mr. VanSant moved to abandon the 16' wide drive easement in Presidential Courts, between lots 59 & 60, and 39 & 40. The motion was seconded by Mr. Hall and carried by a unanimous roll call vote.
Refuse Collection - Tax Exempt Properties
The Utility Committee requested the Solicitor to provide an opinion regarding charging residential and commercial properties a separate fee for refuse collection, and if these properties could be charged a separate fee, could such fee be collected from tax exempt properties. The Solicitor stated his opinion that if the City billed property owners separately for refuse collection fees, then tax exempt properties could also be billed for the same fees.
In examining the feasibility of billing all property owners for trash collection, City staff recommended that no change be made at this time since the revenue gained is less than the expected billing costs.
The committee generally agreed that this particular method of trash collection fees for tax exempt properties should not be pursued, but that alternative options should be investigated.
Evaluation of Bid - Interceptor Cleaning Contract
In conjunction with the Capital Improvements Plan, it was proposed to clean five major sewer interceptors totaling approximately 13,800 linear feet. This project will increase the capacity of the interceptors to allow for future growth and will decrease the likelihood of backups. Staff budgeted $175,000 for the project, based upon the recommendation of the Wastewater Master Plan consultant. one bid was received on the project in the amount of $50,198.35 from Tri-State Grouting, Inc.
The committee recommended that the contract be awarded to Tri-State Grouting, Inc. in the amount of $50,198.35.
By motion of Mr. VanSant, seconded by Mr. Lynn, the committee's recommendation to award the contract to Tri-State Grouting, Inc. in the amount of $50,198.35 was carried by a unanimous roll call vote.
Remote Meter Reading System
The committee continued discussions on a remote meter reading system and tabled action, requesting additional information from staff.
Unit #2 - Turbine/Generator Maintenance Contract
Two bids were received from the Unit #2 turbine generator maintenance and inspection work, with the low bid received from East Coast Management in the amount of $119,000. The contract is for work involved to open and close the unit and necessary testing and inspection. All repair work will be performed by ECM at an hourly rate of $34.50 with the foreman's hourly rate at $35.75. It will also be necessary to engage Westinghouse for technical assistance on the Westinghouse unit for approximately $30,000 and to engage Potts Welding for boiler services for approximately $65,000.
The committee recommended that staff be authorized to issue the following purchase orders: (1) East Coast Management for $119,000 to open and close the unit, plus additional work at stated wage rate; (2) Westinghouse, not to exceed $30,000, during the duration of the inspection; and (3) Potts Welding, not to exceed $65,000 during the duration of the inspection.
Mr. VanSant moved to authorize staff to issue a purchase order to East Coast Management for $119,000 to open and close the unit, plus additional work at the stated wage rate. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. VanSant moved to authorize staff to issue a purchase order to Westinghouse, not to exceed $30,000 during the duration of the inspection, seconded by Mr. Hall and unanimously carried.
Mr. VanSant moved to authorize staff to issue a purchase order to Potts Welding, not to exceed $65,000 during the duration of the inspection, seconded by Mr. Lynn and unanimously carried.
Relay Design for 138kV Line Package for College Road
An interconnection to the DP&L 138kV Is underway. This 138kV tie to DP&L would increase reliability of the Dover system. Booth and Associates was previously selected to prepare the initial grounding and relaying designs. Booth is now recommended to prepare the relay package for the next stage which is 138kV relaying to Delmarva. The negotiated cost of the project is $47,900 and staff recommended that a purchase order be issued to Booth and Associates in this amount.
The committee recommended that staff be authorized to issue a purchase order to Booth and Associates In the amount of $47,900 for the 138kV relaying package.
Mr. VanSant moved for approval of the committee's recommendation to authorize staff to issue a purchase order to Booth and Associates in the amount of $47, 900. The motion was seconded by Mr. Hall and unanimously carried.
Combustion Turbine Update
The combustion turbine specifications have been issued for bids and are due September 5th. A major concern in the specifications has been the unit capacity. Although the City has planned for a 20MW unit, it has been determined that this capacity is unavailable. The GE Frame 5 CT has long been an industry standard "Industrial type" CT. It is rated at 26NW (summer capacity). The estimated cost is $6.5 million. The specification includes an alternate for the next size range, which includes GE Frame 6, Westinghouse 251, and ABB Type 8. These alternates will be rated 30 - 46 KW and are expected to compete effectively with each other at an estimated cost of about $8.5 million. The increased size of accessories will cost about $500,000.
The net result is that we may be able to buy an additional 10 or 15 Mw for $2.5 to $3.0 million. The RMI study shows that other utilities are interested in purchasing capacity from the City of Dover.
Staff has begun conversations with potential buyers to determine the feasibility of selling approximately 15 KW of capacity on a five-year firm basis. Some energy sales would also be expected.
The committee noted that the demand/capacity study did not include the addition of a civic center on the system. Mr. French felt it prudent for the City to purchase the larger unit which would enable us to buy an additional 15 KW for approximately $3 million, and opens the option for the City to sell excess power.
It was recommended by the committee that Council support the GE Frame 6, Westinghouse 251, and ABB Type 8, which is rated at 30 - 46 MW.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Power 2000 Future Generation Commitment
The RMI study recommended an immediate start on planning for the second generating unit (50 megawatt fluidized bed coal fired unit). The Schutte Farm site takes care of the site study recommended. The next step will be to begin determining the permits that will be required, noting that the permitting procedure will take approximately 18 months with the total project expected to take seven years. The permitting procedure will cost approximately $300,000.
Staff has informed the committee that Council needs to make a commitment to construct the unit and recommended that the schedule, as recommended by RMI, be approved. RMI feels that for security of fuel supply, the City should look at a coal fired unit. The smaller sized fluidized bed coal fired units are the best way to go to control environmental impacts of a coal fired unit.
The committee recommended approval of the schedule as recommended by RMI.
Mr. VanSant moved to approve the committee's recommendation for approval of the RMI schedule, seconded by Mr. Levitt.
Mr. Daisey reiterated objections to a fluidized bed coal fired unit. He stated his feeling that coal units have a detrimental environmental impact, alluding to the pollution emitted in transporting the coal, ash, and the noise pollution of the unit. Mr. Daisey stated that the increased size of the combustion turbine will provide additional time so that further investigation can take place prior to taking action on the coal fired unit.
Mr. Weyandt asked if the plan is segmented in such a way that alterations can be made if necessary as we move forward. Ms. Swain explained that staff is not seeking approval of a contract, but is simply requesting approval of the schedule as recommended by RMI. Every aspect of the schedule is a segmented process and Mr. Levitt felt that Council will have an opportunity to review each segment as we move forward. He elaborated upon the necessity of having more than one fuel option.
Mr. VanSant expounded on the need of protecting our fuel options, stating that it is critical that we take action on additional electric energy since it takes several years for the unit to be operational. He stated that if future generation Is not ensured now, the City could find itself in the position of having to purchase power to supply our customers.
Mr. Christiansen called for the question on the motion. The notion to approve the schedule as recommended by RMI was carried by a roll call vote of eight (8) yes, one (1) no (Mr. Daisey).
By motion of Mr. VanSant, seconded by Mr. Lynn, the Utility Committee Report was unanimously adopted as submitted.
CANCELLATION OF OCTOBER 9TH COUNCIL MEETING
The Regular Council Meeting of October 9, 1989 falls on the legal Columbus Day holiday. Mayor Richter suggested that the Council Meeting be cancelled.
Mr. Weyandt moved that the Regular Council Meeting of October 9, 1989 be cancelled, seconded by Mr. Salters.
Mr. Christiansen objected to the cancellation of the meeting, stating that it could result in too many public hearings be held during one meeting. Although members of staff have a legal holiday on October 9th, Mr. Christiansen stated that if required to work they could be given time off at a later date. Also, many members of Council are planning to attend the National League of Cities Convention in November, which may require that the second meeting in November to be cancelled.
On a call for the question by Mr. Weyandt, the motion to cancel the October 9, 1989 Council Meeting was approved with Mr. Christiansen and Mr. VanSant voting no.
RESCHEDULED PUBLIC HEARINGS - REZONINGS
Due to the cancellation of the October 9, 1989 Council Meeting, the City Clerk requested that the following rezoning public hearings be rescheduled for October 23, 1989 at 7:30 p.m.
A) Property located on the north side of Route #8, owned by Village Builders
B)Property located on the east side of Mifflin Road, north of Hazlettville Road, owned by First Flag, Inc.
C)Property located on the north east corner of the intersection at Independence Boulevard and Route #8, owned by Milford Land Associates, Inc.
D)Property located on the south side of Horsepond Road, owned by Charles McGuire
E)Property located on the west side of McKee Road, owned by James F. Marshall
Mr. Weyandt moved that the above listed rezoning public hearings be rescheduled for October 23, 1989 at 7:30 p.m., seconded by Mr. Salters and carried with Mr. Christiansen voting no.
CORRESPONDENCE
Request for Reimbursement of Property Damages - 63 S. Kirkwood Street - John G. Davis
A letter was received from Mr. John G. Davis requesting reimbursement of $543.21 in damages to a building resulting from forced entry into the structure by the City Police Department. Mayor Richter stated that additional correspondence has been received from Mr. Davis to further explain the request.
Mrs. Legates moved for referral to the Legislative and Finance Committee, seconded by Mr. Weyandt and unanimously carried.
Concerns of Proposed Coal-Fired Electric Generator - Richard A. Latourette
Mr. Richard Latourette expressed concern with the City's proposal for a coal fired electric generator and suggested alternatives for Council's consideration. Mrs. Legates moved for referral to the Utility Committee, seconded by Mr. Lynn and carried with Mr. Christiansen voting no.
Central Dover Business Association - Request to Block off Loockerman Street for Second Annual Fall Festival
Mrs. Deborah Flayhart, President of the Central Dover Business Association, requested permission to block off Loockerman Street, between Governors Avenue and State Street, for their Second Annual Fall Festival on October 14th from 10:30 a.m. to 4:30 p.m.
Mr. Weyandt moved for approval of the request, stipulating that the event be coordinated with the Chief of Police and City Manager. The motion was seconded by Mrs. Legates and unanimously carried.
Central Dover Business Association - Suggested Changes in Parking in Downtown Area
A letter was received from the Central Dover Business Association suggesting changes in the parking restrictions in the downtown area. The CDBA suggests a reduction in the two hour parking limit on Loockerman Street, an increase in the two hour parking limit on the Bradford Street lot, installation of directional signs to public parking, and allowing a left turn at Bradford Street from Loockerman Street.
Mr. Weyandt moved to refer the letter to the Safety Advisory Committee and the Parking Authority, seconded by Mr. VanSant and unanimously carried.
Proposal for City of Dover and State Highway Department to Initiate Longer Caution Light Sequence - Bob Wheeler
A proposal was submitted by Mr. Bob Wheeler of 912 Janeka Lane for the City and State Highway Department to initiate a longer caution light sequence at traffic signals on the highway, from Webbs Lane to Dennys Road. Mr. Wheeler feels that insufficient time is allotted in the yellow caution light sequence for drivers to properly stop their vehicle, resulting in many traffic accidents along Route #13.
Mr. VanSant moved for referral to the Safety Advisory Committee, seconded by Mrs. Legates and unanimously carried.
Letter of Appreciation - Raymond F. Book, Jr.
A letter was received from Mr. Raymond F. Book, Jr. expressing appreciation to the Public Works Department for the assistance offered to him after a severe flooding occurred in the vicinity of his office on Water Street. Mr. Wayne Mitchell and other employees in the Public Works Department offered their immediate assistance.
Mayor Richter and members of Council commended Mr. Mitchell and the Public Works Department for continued excellent service to our community.
Mr. VanSant moved to adjourn into open forum, seconded by Mr. Levitt ana unanimously carried.
Meeting Adjourned at 8:16 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.
Ruth Tee - 822 Whiteoak Road
Ms. Ruth Tee stated her objections to the Safety Advisory Committee taking no action on an ordinance to prohibit trucks on residential streets. She voiced her support for the use of a coal fired unit at McKee Generating Station, stating that the five best run utility companies in the country have coal fired units.
Ms. Tee also complained of trucks that utilize Maple Parkway to get to Dover Diner, stating that Maple Parkway is too narrow for such large vehicles.
Ben Bowings - 198 Haman Drive
Mr. Ben Bowings of 198 Haman Drive stated his feeling that if the City is going to continue to enhance their electric generation, they should give the Electric employees a sufficient increase in pay to cover their health care costs so that the employment contract can be finalized.
Meeting Adjourned at 8:23 P.M.
DEBRA J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 28, 1989, are hereby approved.
JOHN E. RICHTER
MAYOR
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