REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on September 28, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Staff members present were Fire Chief Willson, Inspections Director/Planner Roe, City Manager Bartolotta, City Assessor Lucas, Chief of Police Klenoski, City Clerk Bittner and City Solicitor Rodriguez.
In the absence of Reverend J. H. Williams, the invocation was given by Councilman Frederick VanSant.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested the addition of a letter from Mrs. Harvey Johnson.
Councilman Levitt requested that an item be added to the agenda to report on a recent trip by members of Council to Alexandria, Virginia.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Levitt and unanimously carried.
PROCLAMATION - HALLOWEEN - TRICK OR TREAT
The City Clerk read into the record the following Proclamation:
WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to restrict the observance of this holiday to Friday, October 30, 1987, and
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween observance shall be held on the 30th day of October, 1987 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.
2. That observance of trick-or-treat be limited to the evening of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.
3. That October be "Safe Halloween Month" and to acknowledge the Easter Seal Society for helping to put fun and safety back into Halloween.
4. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.
5. That any person violating this, the Proclamation of the Mayor of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinances of the City of Dover.
ADOPTED: September 28, 1987
RESOLUTION - PUBLIC POWER WEEK
By motion of Mr. VanSant, seconded by Mr. Levitt, Council unanimously adopted the following Resolution:
WHEREAS, the week of October 4th through October l0th 1987 has been declared PUBLIC POWER WEEK by the American Public Power Association; and
WHEREAS, Public Power Week will be celebrated by 2,200 cities and towns that have consumer-owned electric utilities; and
WHEREAS, locally owned and controlled utilities deliver reliable, nonprofit electric power at the lowest possible cost.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The week of October 4th through October l0th 1987 will be Public Power Week in the City of Dover.
All the Citizens of Dover are invited to join us in this week's national celebration of the benefits of locally owned, locally controlled public power.
The Mayor and Council hereby directs the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: September 28, 1987
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 14, 1987
The minutes of the Regular Council Meeting of September 14, 1987 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. VanSant and bore the written approval of Mayor Carroll.
MONTHLY REPORTS - AUGUST
Mr. Christiansen questioned Chief of Police Klenoski and Inspections Director/Planner Roe relative to the status of complaints brought before the City by Ms. Ruth Tee.
Chief Klenoski stated that letters have been written to Ms. Tee and to Mr. Durward Matthews.
Responding to Mr. Christiansen's question on the status of the Whiteoak Road property, Mr. Roe stated that the house was cited as a dangerous building under the Dangerous Building Ordinance. The outer portion of the structure that was not in compliance with the Dangerous Building Ordinance has been corrected. The inside renovations have not been completed. Mr. Roe stated that he would meet with Mr. Johnson on September 29th to determine how long it will take him to meet the Code requirements for the inside of the structure.
Mr. Christiansen stated that he and Councilman Lynn visited the site and observed that some of the building materials that were used did not meet the City's requirements and questioned if this had been corrected before being covered with siding.
Mr. Roe stated that to his knowledge the outside structure does meet City Code requirements, but invited Mr. Christiansen and Mr. Lynn to meet with him to supply him with any further information they may have.
Members of Council were encouraged by Mayor Carroll to contact the Building Inspector's Office any time they observe Code violations, stating that it is difficult for the Inspections Department to observe the violation once it has been covered.
MONTHLY REPORTS - AUGUST
By motion of Mr. Weyandt, seconded by Mrs. Legates, Council unanimously adopted the following monthly reports for August:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 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
Parking Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Should adoption of the monthly reports infer that Council approves a continuation of time for improvements to the Whiteoak Road property, Councilman VanSant wished the record to reflect his opposition.
Mr. Weyandt stated that it was his feeling that Council generally agreed, during previous meetings, that no extensions would be issued for this property.
This matter was discussed further during the latter part of the meeting.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 19, 1987 with Chairman Richter presiding.
Raymond Book III - Request for Storm Drain Cleaning on Water Street
The Utility Committee addressed a complaint by Mr. Raymond Book III of a flooding problem in the vicinity of his office at 208 W. Water Street. During heavy rains, this area of Water Street floods with water, causing difficulties for Mr. Book as well as to motorists. Mr. Book suggested that the storm drains be cleaned more frequently.
Catch basins in this area are cleaned every year. Mr. Bartolotta feels that in order to deal with this problem properly, the City would be required to purchase a vacuum truck to assist in the cleaning of storm sewers. This recommendation was addressed in the comprehensive sewer study.
Engineering staff determined that additional engineering is required prior to a long term solution, although it was suggested that the catch basins be cleaned more often in an attempt to solve the problem on a short term basis.
There was no Council action required since it was agreed by committee members that City personnel will clean the catch basins more frequently for a short term solution and that additional studies will be made by staff in an attempt to permanently solve the problem. The committee directed the City Manager to relay their action to Mr. Book in response to his letter.
City Videos Competition - Storer Cable
The City of Dover was invited to participate in the Second Annual Cable Television City Videos Competition. This would be an opportunity for the City to work with a local cable television company to promote the City of Dover. Portions of the winning videos will be shown on the Arts and Entertainment Network in 1988 to commemorate the Bicentennial of the U.S. Constitution and the American Spirit.
Storer Cable Communications expressed an interest in sharing this project with the City but the deadline of January 31, 1988 would prove too restrictive for them to complete the video due to currently scheduled productions.
Committee members agreed that although production of the video would be too late to participate in the competition, a video of this nature could be used to promote the City of Dover.
The possibility of utilizing other production organizations such as WBOC or Channel 47 was discussed since they may already have photographs of the City in their libraries that could be utilized. The committee also suggested soliciting the assistance of Forward Central Delaware.
The committee instructed staff to continue working on the project and Mr. Richter stated that Council action is not necessary at this time.
Street Sweeper Operation
Citizens and some members of Council have expressed concern that street sweeping parking tickets are being issued when sweeping is not taking place, suggesting that ticketing be waived until such time as sweeping is back on full schedule.
Staff reported that sweeping operations began in April with the standard scheduling of one week of nights and one week of days, for a total of 800 hours available for day and night sweeping. Approximately 200 hours were lost due to maintenance problems and lack of an operator. A second sweeper is in the process of being purchased and when it is received, the City will be able to sweep both day and night, five (5) days per week.
The committee noted that parking restrictions are utilized for purposes other than street sweeping, such as leaf collection and maintenance.
The committee suggested that the current sweeping schedule remain in effect, noting that the addition of another sweeper means that night sweeping will be increased to every week and will enhance the street sweeping program overall. A member of the committee also suggested that when the schedule is back in full swing, the City consider cleaning alleys at least once a year.
Insurance Claim - The Nuts Restaurant
The committee reviewed the status of an insurance claim made by The Nuts Restaurant. Selective Insurance Company, insurance carrier for the City of Dover, reinvestigated a claim made by The Nuts for damages incurred to their air conditioning units, resulting from low voltage. Upon further investigation of the incident, the Insurance Company has reaffirmed their denial of the claim.
The City Manager informed the committee that the next Towne Crier will contain an article relative to the City's requirement that three-phase customers have phase protection, which The Nuts did not have. The article will also contain information concerning grounding protection.
It was the recommendation of the committee that a letter be drafted and mailed to all three-phase customers notifying them of the requirement for phase protection.
Mr. Richter moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Asbestos Survey - Costs
The Public Works/Engineering Department solicited proposals for removal of asbestos from the dome ceiling in the Council Chambers and for replacement with a suitable material.
The project was not formally advertised and all quotes received exceeded the amount budgeted for the project. The asbestos material in the dome ceiling is not friable and poses no threat to health at this time.
It was the recommendation of the committee that action be delayed on removal of the asbestos from the Council Chambers ceiling until such time as additional funds become available or until the material becomes friable.
Mr. Richter moved to approve the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Acceptance of Streets and Utilities in Bicentennial - Village Phase II
The developer of Bicentennial Village has requested that the streets and utilities of Phase II be accepted for maintenance and ownership by the City. The improvements have been inspected by City staff and the developer was provided with a list of repairs to be made to meet City standards. All work has been completed, as-built drawings have been submitted, and a one year maintenance agreement and bond have been submitted.
The committee recommended acceptance of the streets and utilities in Bicentennial Village - Phase II.
Mr. Richter moved for approval of the committee's recommendation to accept the streets and utilities in Bicentennial Village - Phase II, seconded by Mr. VanSant and unanimously carried.
Extension of Spruance Road and Utilities
In accordance with the 1987/88 Capital Improvement Plan, property owners were contacted to ascertain their interest in a project that would extend Spruance Road from E & B Subdivision to the existing south end of Spruance Road. There are seven properties along the project area with two of the properties containing homes. The project would include the extension of an 8" water main and an 8" sanitary sewer main to serve the properties.
The 40' strip of land presently used for access is privately owned and the City would have to acquire the strip of land in order to build the proposed street. In order to meet the required 60' right-of-way, it would be necessary for the City to acquire 20' from each property owner in order to meet the 60' requirement for the street. Fairfax Savings of Baltimore, Maryland owns the 401 access parcel that would be necessary for construction of the proposed street and they have expressed no interest in having the road improved at this time.
The estimated cost for construction of the project is $40,000, resulting in a front foot assessment charge of approximately $67.00. Most of the property owners expressed an interest in the project but felt that the assessment charge was prohibitive.
Based on the feelings of property owners, the committee recommended the project be indefinitely postponed until sufficient interest is shown by the property owners in receiving City utilities and in conveying property to the City for construction of the proposed road.
Mr. Richter voiced his opinion that the property owners are making a mistake in not pursuing this project, feeling that it would considerably enhance the value of their property.
Based on the lack of interest of property owners, Mr. Richter moved to accept the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Quarterly Fuel Adjustment Review
The City's fuel adjustment projections are reviewed on a quarterly basis and modifications are made to the fuel adjustment in December on a levelized basis for the next calendar year.
The present fuel price is at just over 45 cents per gallon and the present adjustment should carry the City until December 1987. The December balance should be slightly over one million dollars. With this balance a stable fuel market, City staff feels that the fuel adjustment for 1988 could be set at 0, which would be an increase of 1.576 cents per KWH. This would be just below the 1986 fuel revenue per KWH.
Staff reported that the uncertainty in the fuel market could require that the January 1988 fuel adjustment be set higher than 0, although he recommended that no action be taken at this time.
Technical Corrections to Electric Tariff
It was recently discovered that several typographical errors and minor technical modifications were incorporated into new rate tariffs which were placed in effect February 1, 1987. The corrections have been followed by the City from inception of the new rates since we were unaware of the errors shown in the adopted tariff. Therefore, there will be no impact on electric customers due to the changes.
Mr. Richter moved for approval of the amended electric tariff, as follows. The motion was seconded by Mr. Daisey and carried by unanimous roll call vote (changes are so noted in bold print):
RESIDENTIAL SERVICE CLASSIFICATION
This rate is available throughout the City of Dover electric service area for household related services in a single private dwelling and incidental service outside of the home through the same meter, provided such incidental service does not exceed 20 KW of connected load.
CHARACTER OF SERVICE
Secondary voltage, 60 cycle, alternating current, single phase service.
Summer Billing Months Winter Billing Months
Monthly Rate June through October November through May
Customer
Per bill 4.00 4.00
Energy
First 1000 KWH, per KWH .0792 .0748
Over 1000 KWH, per KWH .0792 .0676
MINIMUM MONTHLY BILL
The minimum monthly bill shall be $4.00
SEASONAL SERVICE
Where a Customer takes service regularly for less than twelve months of the year, the monthly bill as calculated in accordance with the standard rate table will be increased by twenty-five percent (25%) before the application of the Fuel Adjustment Clause and any utility tax imposed by the governmental authority, Bills will not be prorated for periods of less than one month.
FUEL ADJUSTMENT CLAUSE
All kilowatt-hours billed under this rate shall be subject to the Fuel Adjustment Clause included in this schedule.
PUBLIC UTILITY TAX
In addition to the charges provided in this service classification a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification.
COMMERCIAL AND INDUSTRIAL SERVICE CLASSIFICATION
AVAILABILITY
This rate is available throughout the City of Dover electric service area for commercial and industrial purposes through a single meter.
CHARACTER OF SERVICE
Secondary voltage, 60 cycle, alternating current, single or three phase service. Other voltages may be applicable where available and at the option of the City.
Summer Billing Months Winter Billing Months
MONTHLY RATES June through October November through May
Non Demand Customers
Customer Charge
Per Bill 5.00 5.00
Energy Charge
All KWH, per KWH .0923 .0823
Demand Customers
Customer Charge
Per Bill 5.00 5.00
Demand Charge
All KW, per KW 10.75 8.80
Energy Charge
All KWH, per KWH .0430 .0430
Space Heating Customers
Where service for commercial space heating, water heating, and air conditioning is permanently installed and separately metered, the following rate will apply.
Customer Charge
Per Bill 5.00 5.00
Energy Charge
First 3500 KWH, per KWH .0923 .0823
Over 3500 KWH, per KWH .0923 .0770
DETERMINATION OF DEMAND
With the exception of space heating service, when the Customer's usage has exceeded 5000 KWH for two consecutive months or when the City has reason to believe the Customer's demand is in excess of 20 KW a demand meter will be installed.
The billing demand will be the maximum fifteen minute demand during the month, determined either by an integrating demand meter, or a lagged thermal demand meter.
In the case of fluctuating loads, such as welders, x-ray machines, elevators, etc. -- the demand of which cannot readily be measured the billing demand may be established from manufacturer's rating or determined by other suitable methods.
In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%) the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured demand x .90
Average Power Factor
MINIMUM MONTHLY BILL
The minimum monthly bill shall be $5.00 for single phase and $15.00 for three phase service.
The minimum demand charge shall be based on 60% of the greatest billing demand established during any month of the 12 month period ending with the current billing month.
SEASONAL SERVICE
Where a Customer takes service regularly for less than twelve months of the year, the monthly bill as calculated in accordance with the standard rate table will be increased by twenty five percent (25%) before the application of the Fuel Adjustment Clause and any utility tax imposed by the governmental authority. Bills will not be prorated for periods of less than one month.
FUEL ADJUSTMENT CLAUSE
All kilowatt-hours billed under this rate shall be subject to the Fuel Adjustment Clause included in this schedule.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The General Rules and Regulations of the City of Dover for electric service shall apply to service rendered under this service classification.
PRIMARY SERVICE CLASSIFICATION
AVAILABILITY
This rate is available to commercial and industrial Customers taking delivery at the primary voltage available, and where the transforming and protective apparatus is furnished, owned, and maintained by the Customer.
CHARACTER OF SERVICE
Primary voltage, 60 cycle, alternating current, three phase service.
Summer Billing Months Winter Billing Months
MONTHLY RATES June through October November through May
Demand Charge
All KW, per KW 8.50 5.80
Energy Charge
All KWH, per KWH .0393 .0393
DETERMINATION OF DEMAND
The billing demand will be the maximum fifteen minute demand during the month, determined by an integrating demand meter, or a lagged thermal demand meter.
In the case of fluctuating loads, such as welders, x-ray machines, elevators, etc. -- the demand of which cannot readily be measured the billing demand may be established from manufacturer's rating or determined by other suitable methods.
In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%) the measured demand shall be corrected in accordance with the following formula:
Billing Demand = Measured Demand x .90
Average Power Factor
MINIMUM MONTHLY BILL
The minimum monthly bill shall be equal to the demand charge which shall be based on the greater of three hundred kilowatts or 60% of the greatest billing demand established during any month of the 12 month period ending with the current billing month.
FUEL ADJUSTMENT CLAUSE
All kilowatt-hours billed under this rate shall be subject to the Fuel Adjustment Clause approved by the Council of the City of Dover.
PUBLIC UTILITY TAX
In addition to the charges provided for in this service classification, a surcharge will apply in accordance with any tax imposed by governmental authority upon sales of electricity.
RULES AND REGULATIONS
The general rules and regulations of the City of Dover for electric service shall apply to service rendered under this service classification. If a Customer who is on the Primary rate classification wishes to switch to the commercial and industrial classification, the Customer may do so at the Customer's choice. If such a change occurs, the City will determine on a case-by-case basis which portion, if any, of the Customer-owned electrical equipment will be maintained by the City provided, however, that any equipment transferred to City ownership will be so transferred at no cost to the City.
TRANSMISSION VOLTAGE SERVICE CLASSIFICATION
AVAILABILITY
This rate is available by special contract throughout the City of Dover electric service area to Customers located where Dover's existing facilities are adequate to supply the character of service as specified below.
CHARACTER OF SERVICE
The electric power delivered hereunder shall be three phase, sixty cycle, alternating current at a nominal potential of sixty-nine thousand (69,000) volts.
Demand, energy and power factor will be metered at the point of delivery of service. All transformation, circuiting and protective apparatus beyond the point of delivery shall be installed, owned and maintained by the Customer. Service shall be supplied and metered at 69,000 volts and the Customer is required to own and maintain all transforming, switching and protective equipment.
MONTHLY RATES
The monthly bill shall be the sum of the demand and energy charges as follows:
Summer Billing Months Winter Billing Months
June through October November through May
Demand Charge
All KW, per KW 6.75 5.20
Energy Charge
All KWH, per KWH .0372 .0372
DEMAND
As used herein "demand" shall be the measured integrated rate of use of energy, expressed in kilowatts, during any fifteen (15) minute period. The measured demand shall be the average of the four (4) greatest demands measured on separate days of each month. In any month in which the average power factor at the delivery point is greater or less than ninety percent (90%) the measured demand shall be corrected in accordance with the following formula:
Billing Demand &