Regular City Council Meeting
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Jun 26, 1989 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on June 26, 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, Mr. Bartolotta, Mr. Cregar, Mrs. Green and Mr. Rodriguez.

The invocation was given by Reverend John H. K. Miller, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mayor Richter requested the addition of two items as follows:

Item #10A - Proposed ordinance - Parking Violation Fines

Item #10B - Appointment of an Acting City Manager

By motion of Mrs. Legates, seconded by Mr. VanSant, Council unanimously adopted the agenda as amended.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 1989

Regarding the rezoning request of Elma Wilcutts, page 9 of the Regular Council Minutes of June 12, 1989, Mr. VanSant stated that the 7th paragraph down should include the word "up" and read as follows: "...incinerator is presently being held up by action...".

Mr. VanSant referred to page 33, under the title "Sycamore Tree - 421 N. Bradford Street - David Campana" and requested that the official minutes reflect that he voted yes on the motion for the tree to remain.

By question of Mrs. Legates, Mayor Richter assured that the show of hands vote of four (4) yes, five (5) no is correct, which defeated the motion for the tree to remain and that the only error was the name of the person identified in the minutes as voting no. The corrected motions are as follows:

"Mrs. Legates moved to accept the committee's recommendation not to remove the tree located in front of 421 N. Bradford Street as requested. The motion was seconded by Mr. Salters."

"On a call for the question, the motion for the tree to remain was defeated by a show of hands of four (4) yes, five (5) no (Mr. Hall, Mr. Lynn, Mr. Levitt, Mr. Christiansen and Mr. Daisey)."

"Mr. Christiansen moved to remove the Sycamore Tree located at 421 N. Bradford Street stipulating that it be replaced with a mature healthy tree at the owner's expense. The motion was seconded by Mr. Daisey and carried with Mr. VanSant and Mrs. Legates voting no."

The Minutes of the Regular Council Meeting of June 12, 1989 were unanimously approved as amended, by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.

PROPOSED RESOLUTION - ROBERT J. BARTOLOTTA

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

WHEREAS, Robert J. Bartolotta was appointed to serve as City Manager of the City of Dover on March 29, 1982, and after seven years of service he has chosen to resign; and

WHEREAS, Robert J. Bartolotta, as professional City Manager, has guided the City of Dover during a period of enormous growth and has provided proper guidance necessary for expansion of the City's utilities and services in relation to its increased population; and

WHEREAS, Robert J. Bartolotta has a broad knowledge of every department within the City government which has been demonstrated by his ability to analyze and solve problems in every facet of City government; and

WHEREAS. Robert J. Bartolotta has chosen to become Assistant City Manager of Savannah, Georgia and will leave the employ of the City of Dover on July 7, 1989.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         The Mayor and Council, on behalf of the citizens of Dover, express their sincere appreciation to Mr. Bartolotta for the excellent service he has provided and extend to him their thanks for "a job well done".

2.         The Mayor and Council wish Robert J. Bartolotta a successful future in his new position as Assistant City Manager for the City of Savannah, Georgia.

3.         The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.

ADOPTED: June 26, 1989

On behalf of the citizens of Dover, Mayor Richter presented the Dover Cup and framed resolution to Mr. Bartolotta in appreciation for the excellent service he has provided.

Mr. Bartolotta thanked Mayor and City Council for the opportunity to serve the City of Dover, the citizens, and the community which he has grown to love. He also thanked the City staff who has supported him during the past seven years.

PROPOSED RESOLUTION - ROBERT E. MALISH - SILVER MEDAL FOR VALOR

By motion of Mr. Christiansen, seconded by Mr. Weyandt, Council unanimously adopted the following Resolution:

WHEREAS, on November 28, 1987 a near tragedy occurred when a tanker truck, with approximately 5,500 gallons of gasoline, went out of control while traveling on Route #13, striking several vehicles and ultimately coming to rest on a small vehicle, trapping Cindy Hesseltine and her two small children; and

WHEREAS, off duty Robbins Hose Company fire fighter, Robert E. Malish, observed the dire need for immediate action and without regard to his own safety, without protective clothing, and prior to the arrival of fire protection equipment, entered the highly combustible atmosphere to remove the young mother and her two small children from the vehicle; and

WHEREAS, the City of Dover Awards Committee voted unanimously to recommend that a City of Dover Silver Medal for Valor be awarded to Robert E. Malish for his courageous actions in averting what could have been a tragic loss to family, friends, and community; and

WHEREAS, on June 5, 1989, Robert Malish was the tragic victim of an industrial accident which resulted in his death.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         The Mayor and Council hereby posthumously award the City of Dover Silver Medal for Valor to Robert E. Malish in recognition of his heroic action on November 28, 1987.

2.         The Mayor and Council wish to extend their deepest sympathy to the family and friends of Robert Malish.

3.         The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.

ADOPTED:    June 26, 1989

Mr. Christiansen joined Mayor Richter in presenting the Silver Medal for Valor and the framed resolution to Mrs. Robert Malish.

Mrs. Malish advised City Council that Robert Malish was very proud to be a volunteer of the Robbins Hose Company and thanked everyone for the honor.

Mr. VanSant explained that the Awards Committee had approved the award of the City of Dover Silver Medal for Valor to Mr. Malish and was awaiting a certified statement, which arrived the day after the untimely death of the recipient. By request of the Awards Committee, Mr. VanSant apologized for the delay in presenting the Award.

PUBLIC HEARING - TEXT AMENDMENT TO THE CITY'S ZONING ORDINANCE WHICH WOULD ALLOW A LIMITED NUMBER OF COMMERCIAL USES IN THE RG-O/HISTORIC DISTRICT AS CONDITIONAL USES (HEARING SET FOR 7:30 P.M.)

A public hearing was duly advertised for this time and place to consider a Text Amendment to the City's Zoning Ordinance which would allow a limited number of commercial uses in the RG-O/Historic District as Conditional Uses.

Planner's Review

In order for the City to maintain the momentum that has been achieved on the Central Area Plan, the City Planner suggested that the City begin the task of formal acceptance of the plan. During the Regular Council Meeting of April 24, 1989, the City Planner recommended that the City proceed with the process of adopting specific elements of the plan. Council referred the items to the Planning Commission for review and recommendation.

Realizing that the issues of funding were considered during the budgetary review process and while the Downtown Development Committee considers the final organizational structure and specific development proposals, the Planner and 131anning Commission recommended that the City adopt specific elements of the plan, as follows:

1.         Adopt the study area boundaries as depicted on Figure 1 of the plan which shall be designated as the limits of the area which shall be hereinafter referred to as the Dover Central Area.

Generally, the boundaries are referenced from Wesley College, to the north, south to Kent General Hospital. The Conrail Railroad, to the west, east to the St. Jones River.

2.         The proposed Land Use Plan for the Dover Central Area as depicted on Figure 6 of the Plan, to serve as a companion document to the official Comprehensive Land Use Plan and to be utilized as a guide for land use decisions and to assist in the establishment of long term policy objectives for the City of Dover which affect the Dover Central Area.

3.         The proposed Zoning Plan as depicted on Figure 8 and the accompanying text on pages 45 through 52 of the plan which shall serve as a recommended zoning scenario for the Dover Central Area. It is important to emphasize that the adoption of the proposed zoning plan shall not represent nor otherwise be construed to represent comprehensive rezoning of the Dover Central Area. Rather, the purpose of the proposed zoning plan is to offer support to the achievement of the proposed Land Use Plan for the Dover Central Area.

Mr. Cregar stated that the proposed Zoning Plan would require text amendments to the City of Dover Zoning Ordinance. He explained that upon adoption of the text amendment, applications could be accepted for Conditional Use hearings to permit limited commercial uses in the RG-O/Historic District, subject to the approval of the Planning Commission.

Mr. Cregar advised Council that the City Solicitor has reviewed the proposed text amendment as well as the specific elements of the Central Area Plan. He stated that the Planning Commission recommended adoption of the proposed text amendment.

Without available parking in front of the proposed establishments, and the lack of a rear entrance, Mr. Weyandt questioned the method for which deliveries will be made. Responding, Mr. Cregar explained that there would be consideration given to designating an area on The Green to be reserved for "delivery only".

Mr. Cregar stated that it is the Planning Commission's feeling that the matter should be addressed in accordance to individual requests.

Correspondence

The Assistant City Clerk reported that no correspondence was received on the proposed text amendment.

Public Hearing

Mayor Richter declared the hearing open.

Mr. Wallace W. Taylor of 121 S. Fairfield Drive addressed Council in favor of the text amendment and expressed an interest in establishing a shop in this area upon approval of the text amendment. He advised Council that he is a joint partner with his wife in Hour Glass Antiques. Hour Glass Antiques was established in 1975 in the historic area of Palmer, New York. Mr. Taylor and his wife have been active in Historic Preservation work for approximately 20 years and they understand the problems faced with preservation of historic areas. Mr. Taylor referred to a letter to the City of Dover, dated April 21, 1989, which was previously made a part of the record. It is his opinion that the regulations presented in the proposed text amendment are sound and protective of the integrity of the historic district. Mr. Taylor stated his desire in becoming a part of the City's historic district, feeling that Hour Glass Antiques would be a contributing member and urged members of Council to adopt the proposed text amendment.

Ms. Ruth Tee of 822 Whiteoak Road, requested Council to carefully take into consideration the concerns voiced by Mr. Weyandt regarding parking and deliveries. She also stated concern with the suggestion of a bake shop with baking on the premises. With no rear entrance, she questioned where the waste from these premises would be placed.

Mayor Richter declared the hearing closed.

Mr. Cregar advised Council that the proposed text amendment refers to conditional uses. He explained that a public hearing would be required for each request for conditional use, with review of the individual sites, at which time the DAC and Planning Commission would address the concerns of trash, deliveries, loading zones, etc., prior to approval.

Mr. VanSant moved to approve the text amendment to the City Zoning Ordinance, subject to approval of the Planning Commission and Council, as submitted by the City Planner. The motion was seconded by Mr. Lynn and by unanimous roll call vote, Council adopted the following ordinance:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, THAT THE ZONING CODE OF THE CITY OF DOVER BE AMENDED AS FOLLOWS:

Amend Article 3, Section 9.13 by removing the existing section and rewording the section as follows:

            9.13     Business, Professional, or Governmental Office on suitably landscaped lots.

Amend Article 3, Section 9.14 by renumbering the existing 9.14 to 9.15 and add the following new Section 9.14, as follows:

            9.14     The following uses are permitted, conditional upon the approval of the Planning Commission in accordance with the procedures and subject to the general conditions set forth in Section 10.1 and to any specified requirements 3et forth below:

(a)After a building complex in this zone has reached a building space area of one hundred thousand (100,000) square feet, then the following uses shall be permitted as Conditional Uses subject to the approval of the Planning Commission: cafeteria, restaurant, barber shop/beauty shop, travel agency, bank, copy center, coffee supply, retail store, newsstands and associated laboratory facilities.

(b)In order to stimulate limited commercial activity in this zone where the City's Historic District overlay zone exists and to make this portion of the City's Historic District a greater attraction to tourists and residents, the following list of preferred uses may be permitted as Conditional Uses subject to the approval of the Planning Commission:

i.Antique shops, art galleries, gift and card shops, book stores, specialty hobby stores (i.e., miniatures, models, needlecraft), bakery (including baking on premises), restaurant with no alcoholic beverages.

            ii.        Limitation of entrances from State Street only.

            iii.       Total floor area of any one retail use not to exceed 2,000 sq. ft.

            iv.       Such uses will be subject to Historic District requirements and will therefore require an Architectural Review Certificate. Architectural Review Certificates for retail uses described above should not be granted unless it has been demonstrated that the proposed use will result in either no material change to the exterior of the structure visible from State Street or will result in a restoration of the structure to an appearance which can be documented to more closely reflect the historical appearance of that structure. Material change would include modifications to doors, windows and masonry other than routine maintenance.

            V.        No parking should be required for the retail user.

            vi.       If new construction is proposed on State Street between Loockerman and Water Streets the proposal must not require demolition or extensive modifications of any existing structure which presently contributes to the Historic District because of its age or architectural appearance. In addition, the RG-0 zone bulk and parking requirements would be waived in certain respects. Lot width and depth will be as appropriate to the site, subject to Architectural Review and Site Plan Review. Setbacks will be discouraged. Side yards will reflect the needs of adjacent structures by providing adequate light and air to reach existing windows. The height limit of 35 feet or 2 ½ stores will be retained as will the 85% lot coverage limit. The floor area ratio limitation will be raised to 1.0. The parking requirements will be waived.

ADOPTED:    June 26, 1989

RECOMMENDATION FROM PLANNING COMMISSION ON REQUESTED MODIFIED REZONING APPROVAL FROM RG-5 TO RG-2 FOR 23, 21, AND 11 N. STATE STREET

On June 12, 1989, City Council conducted a public hearing on the rezoning request for property located at 23, 21 and 11 N. State Street, owned by Muriel Schwartz, Sara E. Hunn and Wesley College. The present zonings are C-2A (23 N. State Street) and RG-1 (21 and 11 N. State Street), and the proposed zoning was RG-5. The applicant submitted a modified zoning classification of RG-2 from the original request of RG-5. City Council referred the application back to the Planning Commission for their review and recommendation of the revised RG-2 zoning request.

The City Planner reported that the Planning Commission unanimously recommended approval of the modified rezoning of RG-2, taking into consideration the existing land use and the recommendations of the Comprehensive Plan. Mr. Cregar stated that this area has free-standing historic buildings and sites which are part of the City's official Historic District and the State's Victorian Historic District. He emphasized that all applications for subdivision or site development plan shall include the presence and location of all scenic resources, and that the preservation and enhancement of those scenic resources potentially affected by the proposed development must be considered as an important factor in the Planning Commission's recommendation for approval or denial of development, which the site plan review procedures require.

Mr. Cregar noted five additional letters that have been received regarding the RG-2 rezoning request, as follows: 1) Bruce D. Ralston, 100 Pennsylvania Avenue (favor); 2) Bernice Howe, 502 S. State Street (favor); 3) Sara E. Hunn, 21 N. State Street (favor); 4) Helen and Ernest Davidson, 529 American Avenue (favor); and 5) Norma Collins, 202 American Avenue (oppose).

Responding to questions of Mr. VanSant, Mr. Cregar explained that multiple occupancies are permitted in the RG-1 zoning classification, allowing one (1) unit per 3,000 square feet of gross land area, with a maximum lot coverage of 45%. Mr. Cregar stated that the owner of the present RG-1 parcel could build approximately 30 units on the land, which would necessitate two off street parking spaces per unit.

Mr. VanSant moved to approve the RG-2 zoning request for 23, 21, and 11 N. State Street in accordance with the recommendation of the Planning Commission, seconded by Mrs. Legates.

Mr. Hall stated his confidence in the applicant's proposal; however, he voiced concern with traffic that the development would create, posing a hazard for children traveling to and from the Central Middle School.

Mr. Christiansen stated his concerns with the impact of additional people in the area and feels that there is a better solution for use of the land.

By questions of Mr. Salters, Mr. Cregar stated that the logistics and concerns of traffic would need to be addressed before development of the sites, regardless of zoning.

On a call for the question by Mr. VanSant, the motion to approve the RG-2 rezoning request was defeated by a roll call vote of five (5) yes, four (4) no (Mr. Hall, Mr. Daisey, Mr. Lynn and Mr. Christiansen), for reasons set forth by those in opposition at the public hearing, more specifically described in the Council Minutes of June 12, 1989, which were generally concerns of traffic, congestion, increased density and parking.

Mayor Richter explained that the petition submitted contained 32% of the property owners permitted to protest under the provisions of 22 Del. C. Sec. 305; therefore, approval of the zoning amendment required a three-fourths vote of the legislative body.

NON-COMPLIANCE OF DANGEROUS BUILDING ORDINANCE - 620 RIVER ROAD

During the month of December, the Department of Planning and Inspections notified the property owners of 620 River Road that their building was in violation of the Dangerous Building Ordinance. In accordance with the Dangerous Building Ordinance, a public hearing was held by Council on February 27, 1989 to provide the property owners an opportunity to appear and show cause why the building should not be demolished. On February 27, 1989 Council tabled the matter and granted an extension until March 27, 1989.

On March 27, 1989, the City Planner reported that Mr. Gerald Curd, the owner's nephew having power of attorney, was working with contractors to obtain estimates for repairs. They replaced the glass in most of the house and have cleaned up the general area around the structures. As recommended by the Planner, Council granted a 90 day extension on demolition to allow Mr. Curd an opportunity to contract with the low bidder to make the necessary repairs to the house. It was clarified by Council that if the property is not habitable within the 90 day period, then the structure will be demolished regardless of the amount of money expended in repairs.

Mr. Cregar stated that Mr. Curd was unsuccessful in obtaining estimates from building contractors, as well as obtaining financing. Mr. Cregar stated that an application submitted for consideration in the Housing Rehabilitation Program was incomplete and that calls from Audrey Daniels to the owner were not returned. The 90 day extension has expired and the City Planner requested Council's direction at this time.

Mr. VanSant moved for demolition of the building located at 620 River Road, seconded by Mr. Hall.

Responding to questions of Mr. Christiansen, Mr. Cregar assured that all avenues have been taken by the City to deter demolition.

On a call for the question by Mr. VanSant, the motion for demolition was unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on June 14, 1989, with Chairman VanSant presiding.

Closing of Silver Lake

The committee considered a request of First State Crane Service, the contractor for the Silver Lake Dam Rehabilitation Project, for permission to lower the level of the lake at this time to begin installing the rip-rap on the shoreline and to complete the necessary patchwork on the concrete spillway. This work was scheduled to begin following the installation of the new valve. The valve was found to be operational and has been removed from the contract. Since the 12-14 week delivery time for the new valve has been eliminated, the schedule for the project has accelerated.

Relaying several concerns relative to lowering the lake at this time, the Silver Lake Commission urged the committee to deny the request and that the closing and lowering oE the lake be postponed until after the summer season.

It was Mr. VanSant's opinion that lowering the level of the lake at this time would only be a convenience to the contractor and an inconvenience to the public.

The committee was also reminded of a prior commitment to the Delaware State Water Ski Federation to utilize the lake on September 9th and 10th, for the Second lst State Water Ski Championship.

The committee recommended that the closing and lowering of Silver Lake be delayed until September 15, 1989.

Mr. Christiansen moved to approve the committee's recommendation, seconded by Mr. Hall and unanimously carried.

Mechanized Trash - Payment for Extra Containers

A referral request was made by Councilman Christiansen for consideration by the Utility Committee of a deferred payment plan policy for residents who wish to purchase a second trash container which costs $59.50.

The committee was advised that no requests have been made for a deferred payment plan. Staff recommended that the present policy be maintained.

No further action was taken on the matter.

Mechanized Trash - Number and Location of Commercial Containers

There have been requests made by commercial users for permission to purchase two (2) additional containers. The request is based upon the premise that residential users are allowed one (1) container and can purchase a second container; commercial users can purchase two (2) containers, and now seek permission to purchase two (2) additional containers.

The committee was advised that a limit increase would enable customers to remain on the City's collection system instead of converting to private service. In addition, there would be approximately 50 customers who are currently using private service that could convert to City service. Should the limit of containers be increased by one, staff explained that 100 new containers would add $27,570 annually to the budget.

With tipping fees having a large impact on the City's budget, staff recommended that the City keep the present limit of two containers per premise but allow the owner of more than one property to have more than two containers per premise as long as the total number of allowable containers is not exceeded. This would apply to non-residential developed properties which require refuse collection.

The committee recommended that developed, non-residential properties, which require refuse collection, keep the present limit of two containers per premise but allow the owner of more than one property to have more than two containers per premise as long as the total number of allowable containers is not exceeded.

Mr. Christiansen moved to approve the committee's recommendation, seconded by Mr. Hall and unanimously carried.

Mechanized Trash - Tax Exempt Property Trash Pickup

With concerns of exorbitant tipping fees and the new charge placed on trailer owners for trash pickup, the committee suggested that staff investigate the possibilities of charging tax exempt properties for trash pickup and acquire an updated opinion from the City Solicitor for a firm recommendation at the next committee meeting.

Electric Deposits for Commercial Customers

The Legislative and Finance Committee requested that the Utility Committee consider an increase in electric deposits for businesses that are known to utilize exceptionally large quantities of kilowatt hours per month.

Staff examined the present deposit policy for commercial accounts and recommended that the City continue to use the existing policy with the following modifications:

1.         Deposits will be computed on at least six months usage but not more than twelve months. Using twelve months where available would give a more realistic average monthly charge.

2.         Deposits will be held for four years instead of two. This would protect the City of Dover from the risk a new business incurs during the first five years of life.

The committee recommended approval of staff's recommendation.

Mr. Christiansen moved to approve the committee's recommendation, seconded by Mr. Hall and unanimously carried.

Proposed Amendment to Sewer Agreement with Kent County

The committee considered a request of Kent County for minor revisions to the existing Sewer User Agreement. The revisions are necessary to concur with the recent Federal and State Standards under which the agreement is controlled.

Staff advised the committee that the revisions have been reviewed and confirmed by the City Solicitor.

The committee recommended approval of the proposed Sewer User Agreement with Kent County.

Mr. VanSant moved to approve the revised Sewer User Agreement with Kent County (as of file in the Office of City Clerk), seconded by Mr. Levitt and carried by a unanimous roll call vote.

Units #1 and #2 Life Extension Evaluation - Preliminary Assessment

Ebasco Services Inc. was retained to evaluate Units #1 and #2 at the McKee Run Generating Station. The committee was advised that Ebasco has issued a preliminary assessment, listing requirements for continued operation of Units #1 and #2. Staff recommended that the life extension study be continued into the testing phase and that plans be made to meet continued requirements of maintaining the plant.

The committee took no further action.

Quarterly Fuel Adjustment Review

The City reviews its Fuel Adjustment projections quarterly and modifies it in December on a levelized basis for the next calendar year. City Council set the 1989 Fuel Adjustment at -$0.01 based on a fuel cost of 35 cents a gallon for the year. Staff will continue to review the status of the Fuel Adjustment Fund for possible action in the future.

Bid - Blanket Purchase Order for Supply of Sulfuric Acid

Each year the City advertises for Sulfuric Acid which is used in the regeneration of the demineralizer train and in the daily treatment of cooling tower water for pH control. Bids were solicited, received, and reviewed, as follows:

                        Company                                Price/Ton        Guarantee

                        Maryland Chemical Co.            $79.70          one year

                        Textile Chemical Co.                  90.87          one year

                        Essex Chemical Co.                    73.35          six months

East Falls Corp.rec'd. after closing date - rejected as late

Staff recommended that a purchase order be issued to Essex Chemical Company for the purchase of Sulfuric Acid, based on their further guarantee of a $75.00 per ton cap on the next six-month purchase.

The committee recommended approval of staff's recommendation.

Mr. VanSant moved to approve the committee's recommendation, seconded by Mr. Hall and carried by a unanimous roll call vote.

Bid - Consultant Contract for Unit #2 - Boiler Feed Pump Replacement

The committee was advised that the boiler feed pumps on Unit #2 at McKee Run are in need of replacement. An engineering study by staff has shown that a horizontal pump will cost less than replacement of the vertical pumps. The engineer's estimate for this work was $35,000.

Staff recommended that Black & Veatch be retained at a cost of time and materials not to exceed $40,000 to perform the necessary engineering. Black & Veatch will redesign foundations, piping and develop construction specifications, and review and evaluate pump and motor bids. The committee was advised that the construction management would be done by the engineering staff.

The committee recommended approval of a contract with Black & Veatch to design Unit #2 Boiler Feed Pump replacement, at a cost of time and materials not to exceed $40,000.

Mr. VanSant moved to approve the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Unit #3 Primary Superheater "Lug" Replacement

During an inspection in the fall of 1988 on Unit #3, the primary superheater lugs were found to have deteriorated. They are the original lugs from installation. A service engineer from Riley has investigated the problem and recommended that the lugs be replaced during the fall outage in 1989. As the original equipment vendor, Riley has quoted a price of $35,910 for materials and $108,000 for labor. In order to save outage time, it was recommended that work continue on a six day week schedule.

Staff recommended that a purchase order be issued to Riley for both materials and labor for the Unit #3 primary superheater lug replacement and that the work proceed on a six day week schedule.

The committee recommended that staff be authorized to issue a purchase order to Riley with costs not to exceed $35,910 for materials, and $108,000 for labor for Unit #3 primary superheater lug replacement, and that the work proceed on a six day week schedule.

Mr. VanSant moved to approve the committee's recommendation, seconded by Mr. Hall and carried by a unanimous roll call vote.

Bid - College Road 138kV-69kV Substation Structure

Bids were received for the erection of a steel structure and installation of associated switches, post insulators, cables, potential and current transformers, oil circuit breakers, etc. , for the College Road 138kV-69kV Substation. The City estimated a cost of $51,650. Staff recommended acceptance of the low bid which was received from C.W. Wright in the amount of $43,776.

The committee recommended that staff be authorized to issue a purchase order to C.W. Wright for the sum of 43,776.

Mr. VanSant moved to approve the committee's recommendation, seconded by Mr. Hall.

Responding to Mr. Weyandt, Mr. Bartolotta stated that the College Road Substation should be totally completed by July 1990.

On a call for the question, the motion authorizing staff to issue a purchase order to C.W. Wright in the amount of $43,776 was carried by a unanimous roll call vote.

Bid - Boiler Repair Contract - F.Y. 1990

Each year the City advertises for the hourly supervision and craft labor to perform "on demand" boiler, heat exchanger, pipe line and valve repair, condenser, and miscellaneous repairs for three steam boiler and two hot water boilers at the McKee Run Generating Station. Potts Welding & Boiler Repair Company has performed the boiler and related work as requested for the City of Dover since 1968. Bids were solicited and received as follows:

            Potts Welding & Boiler Repair Company

            Responded to all terms and conditions as to rates and qualifications

                        Supervision                     $35.90/hour

                        Boiler Makers                   34.80/hour

            Babcock & Wilcox Company

            Did not respond to all terms and conditions

                        Supervision                     $52.20/hour

                        Boiler Makers                   37.74/hour

Staff recommended that a purchase order be issued to Potts Welding & Boiler Repair Company to continue the City's contract for July 1, 1989 through June 30, 1990, with the terms and conditions as per their proposal of May 24, 1989.

The committee recommended approval of staff's recommendation

Mr. VanSant moved to approve the committee's recommendation, seconded by Mr.Salters, and carried by a unanimous roll call vote.

Bid- Annual Radio Maintenance Contract - F.Y. 1989/90

Bids were requested for the annual radio maintenance contract to cover repair and maintenance of all City radio communication equipment. The contract includes labor and parts and an annual preventive maintenance check on all units. It requires 24 hours a day, 7 days a week service for the base stations with a guarantee that the base stations will be back in service within 24 hours and all other equipment within two working days. The low bid was received from Conk's Communication Service in the amount of $25,120.90.

Staff recommended that the 1989/90 maintenance contract be awarded to Conk's Communication advising the committee that they presently have the 1988/89 contract and have an excellent service record.

The committee recommended that staff be authorized to issue a purchase order in the amount of $25,120.90 to Conk's Communication Service for the 1989/90 Annual Radio Maintenance Contract.

Mr. VanSant moved to approve the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.

Bid - Property and Casualty Insurance

Every three years, the City of Dover solicits bids on its property and casualty insurance coverages. The committee was provided with a summary of the insurance quotes and general comments. The low bid was received from Hardesty Insurance Company for the various insurance coverages, in the amount of $956,451, which is $26,524 less than the premiums paid in 1988/89.

The committee was advised that staff also requested excess liability quotes. It is staff's opinion that the premiums are excessive and recommended that they be rejected. However, staff suggested that they continue to explore the excess liability market for obtaining a more reasonable premium with no exclusions.

Staff recommended awarding the bid to Hardesty Insurance Company and that action be delayed on amending the budget until July to afford Hardesty an opportunity to locate a more reasonable excess liability carrier.

The committee recommended approval of staff's recommendation.

Mr. VanSant moved to award the bid to Hardesty Insurance Company for the various insurance coverages, in the amount of $956,451, seconded by Mr. Hall and carried by a unanimous roll call vote.

Mr. VanSant moved to delay action on amending the budget until July to afford Hardesty an opportunity to locate a more reasonable excess liability carrier. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.

Mr. Weyandt moved to instruct staff to begin working on the City's insurance plan immediately by bringing in representatives of insurance companies and contacting the State Insurance Commissioner's Office to seek information on reducing the City's insurance premiums. The motion was seconded by Mr. Lynn and unanimously carried.

Annual Report - Middle West Servic