REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 27, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Miller, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 13, 1992
The Minutes of the Regular Council Meeting of July 13, 1992 were unanimously approved by motion of Mr. Leary, seconded by Mr. Daisey and bore the written approval of Mayor Knopf.
ANNEXATION REFERENDUM - 321 COLLEGE ROAD
A referendum was held on July 16, 1992 for the annexation of property located at 321 College Road. The City Clerk reported that two property owners voted in favor of annexation, with no opposing votes cast.
Mr. Salters moved for acceptance of the results as presented, seconded by Mr. Leary and unanimously carried.
Mr. Leary moved for approval of the annexation of 321 College Road. The motion was seconded by Mr. Salters and Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain area of land contiguous to the boundary of the City of Dover, lying on the northerly side of County Road #99 known as College Road, being a part of a plot of "The College Settlement Company", recorded in the Office of Recorder of Deeds for Kent County in Deed Record Book E, Volume 18, page 379, and including the following:
ALL of lots #149 and #150, having a total frontage on College Road of 100.04 feet and a distance extending north of College Road of the easterly property of 189.22 feet and a distance along the northerly property line of 100.0 feet and a distance along the westerly property line of 186.23 feet, containing a total area of 0.428 acres of land, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of RG-3 in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 28th day of July, 1992 at 12:01 a.m. o'clock.
ADOPTED: July 27, 1992
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on July 14, 1992 with Chairman Levitt presiding.
1992/93 Vehicle Purchases
During their Regular Meeting of June 22, 1992, Council tabled action on the purchase of all vehicles for 1992/93 for further review by the Legislative and Finance Committee. The committee discussed this matter at length and recommended approval of vehicle purchases to replace the following vehicles (or the purchase of new vehicles as noted):
Veh. # Department Veh. # Department
109 Senior Surrey 266 - 274 Police
772 T & D 451 PW - Sani.
* New Veh. T & D 329 PW - Streets
739 Sys Ops 661 PW - Water
* New Veh. Sys Ops 666 PW - Water
* New Veh. Sys Ops 667 PW - Wastewater
12 Inspections 669 PW - Wastewater
13 Inspections
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Levitt pointed out that it was suggested that a policy be established that would require a centralized purchase department for all City vehicles as well as other items. He assured members of Council that this will be reviewed by the committee in the future.
Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 14, 1992 with Chairman Pitts presiding.
Open Space - Fox Hall West Addition
The Planning Commission recommended that the City accept from the Fox Hall West Addition development a donation of 2.7 acres of land to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations. The subdivision contains 26.98+/- acres and is located on an interior parcel west of the Fox Hall West Subdivision and accessed via Burning Tree Road. A request was made by the developer that the City maintain the storm water retention area.
The Planning Commission also recommended approval of the subdivision's proposed Tree Plan. Since the subdivision will consist of 46 lots for single family detached homes, the plan requires the planting of 46 shade trees utilizing six different species. Mr. William Cooper, Superintendent of the Grounds Division, has recommended approval of the proposed Tree Plan.
The committee recommended that Council accept from the Fox Hall West Addition development, 2.7 acres as public neighborhood open space, and that the request for maintenance of the storm water retention area be denied.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Mr. Pitts moved for approval of the proposed Tree Plan, seconded by Mr. Salters and unanimously carried.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 14, 1992 with Chairman Daisey presiding.
Engineering Services - Mudstone Branch Sewer Line
During their meeting of April 27, 1992, Council authorized staff to proceed with the design for the new alignment for the Mudstone Branch Interceptor. The committee recommended approval of the design contract for the Mudstone Branch sewer system with Whitman, Requardt and Associates, in the amount of $438,000. This contract includes all work up to awarding the construction contracts.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt.
Mr. Tudor questioned the price of the quote, stating that the fee is excessive since it is for realignment of a previous design by the same firm. He suggested that the matter be tabled to allow an opportunity to negotiate a lower fee from the firm.
Mr. Worley explained that competitive bidding is not permitted for professional engineering services. State law requires that qualifications may be considered and then a price negotiated. However, once the firm has been rejected and a price has been negotiated with another firm, you cannot revert back to the original firm. Mr. Worley explained that the realignment was a major change, requiring a considerable amount of work by Whitman, Requardt and Associates.
Mr. Daisey moved to table the motion to afford staff an opportunity to negotiate a lower fee from Whitman, Requardt and Associates for the realignment, seconded by Mr. Lambert. The motion failed by a vote of six (6) no, three (3) yes (Mr. Daisey, Mr. Lambert and Mr. Tudor).
The original motion for approval of the design contract for the Mudstone Branch sewer system with Whitman, Requardt and Associates, in the amount of $438,000 was approved by a roll call vote of six (6) yes, three (3) no (Mr. Tudor, Mr. Daisey and Council President Christiansen).
Water/Sewer Districts
Resulting from concerns over the additional costs anticipated for the Mudstone Branch Sewer System, staff was directed to investigate the concept of creating sewer districts so that a project in one section of the City would not affect the rate in another section of the City. Currently all City users of the sewer system are charged the same rate, and all users outside the City are charged a different rate. Staff presented members detailed information regarding the concept and recommended that no change be made to the existing sewer system regarding districts.
The committee recommended that Council not consider water/sewer districts at this time.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Remote Water Meter Readings
During the committee meeting of May 27, 1992, staff was requested to research the possibility of requiring remote reading capability on water meters for new construction. The current policy allows water meters to be placed either outside in a pit or inside a structure. The device which provides for remote meter reading is located outside the structure and is simply a digital readout of the water meter reading. Last year, a water meter change-out program was planned; however, it was postponed until this fall due to delay of the water treatment plant. The change-out program will replace the oldest 2,500 meters (28%) located in the City.
Staff recommended that all newly installed water meters be required to have remote reading devices. This would require all new construction to install remote reading devices, and as existing meters are changed out, the replacement meters will have remote meter reading devices.
The committee moved for approval of the proposal for remote water meter readings as suggested by staff.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
Bid - McKee Run Units 1 & 2 - Fan Dampers
Units #1 and #2 each incorporate induced draft fans to control furnace draft and maintain a negative furnace pressure. Pressure and flow control is accomplished by the modulation of the induced draft fan inlet and outlet dampers. These dampers are in poor condition from approximately 30 years of corrosion and erosion. Operation of the units with poor draft control involves some risk of equipment damage and personnel injury.
The dampers were originally supplied with the induced draft fans by Westinghouse. Howden Sirocco now holds the rights to the original damper design and can be considered the original equipment manufacturer. Howden Sirocco has quoted a price of $47,126 to replace the two inlet dampers and one outlet damper for each unit (6 dampers total).
The committee recommended that the dampers be replaced during this year's fall outage and that a purchase order be issued to Howden Sirocco in the amount of $47,126 for six (6) dampers.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Bid - Unit #3 Air Preheater - Purchase Parts
The McKee Run units incorporate regenerative air preheaters to improve unit efficiency and improved combustion by removing heat from the flue gasses and transferring it to the combustion air. The cold end elements, or baskets, deteriorate the most rapidly and cause loss of unit efficiency when the heat cannot be effectively transferred. The Unit #3 cold end baskets have become severely thinned, resulting in higher fuel consumption.
The only practical means of regaining the lost efficiency is by replacement of the cold end baskets. The Air Preheater Company, the original supplier of the Unit #3 air preheater and its components, has quoted a price of $25,700 for replacement of the cold end baskets.
The committee recommended that a purchase order be issued to the Air Preheater Company in the amount of $25,700 for replacement of the Unit #3 cold end baskets, to be installed during the fall outage.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Bid - Annual Instrument Contract
Bids for Instrumentation and Control (I&C) Services for the 1992/93 budget year were solicited. The work required takes the form of troubleshooting I&C design changes that are beyond the expertise of plant staff personnel. Past services have totalled $50,000 per year.
Experience with the Bailey Net 90 Control System is required. Although the low bid was received from Murphy Electric, it was discovered that their experience level is insufficient to supply the type of technical support required by the station.
The committee recommended that SEGA be approved as the I&C service vendor of record for the 1992/93 budget year, at the rate of $65.00 per hour.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Mr. Tudor suggested that the City require pre-qualifications prior to the bidding process since the question of acceptance could deter a firm from bidding. Qualification to bid could save a firm time and ultimately money since it takes considerable time to prepare and submit bids for a project.
Bid - Power Plant Annual Insulation Contract
Power Plants incorporate a great deal of specialized insulation for plant efficiency improvement and personnel protection. When maintenance is performed on most plant components, lagging and insulation must be removed for equipment access and replaced when the work is complete. Hourly rates were solicited, for non-asbestos work only, for an insulation contractor of record for the 1992/93 budget year.
Although the low bid was received from J&L, the bid was rejected since the request specifically stated that experience at electric generating stations be identified. J&L did not include any electric generating station insulation experience in their experience statement.
The committee recommended that the next lowest bidder, Tri-State Insulation, be approved as the insulation contract vendor of record for the 1992/93 budget year, at a cost of $24.00 per hour for Supervisor/Foreman/Leader and $21.50 per hour for a Worker.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - JUNE
By motion of Mr. Levitt, seconded by Mr. Salters, Council unanimously approved the following reports for the month of June:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Managers Report
General Fund, Cash Receipts & Budget Reports
Water/Sewer Fund, Revenue & Budget Reports
Internal Service Fund, Revenue & Budget Reports
Electric Revenue Fund, Revenue & Budget Reports
Improvement and Extension Fund, Cash Receipts & Budget Reports
APPOINTMENTS - BOARD OF ADJUSTMENTS
Mayor Knopf requested Council confirmation of the following appointments to the Board of Adjustments for a three year term, to expire July 1995:
Ruth Morris - Reappointment
162 Carnoustie Road
Dover, DE
Kishor C. Sheth- Replacing William H. Willis
21 St. Annes Court
Dover, DE
Mr. Leary moved for approval of the appointments, seconded by Mr. Daisey and unanimously carried.
DECCASA - DESIGNATION OF IMPLEMENTATION AGENCY
A requirement of the DECCASA grant is selection of a qualified Designated Implementation Agency (DIA). After review of the qualifications and agency proposals, Mayor Knopf recommended that Because We Care II serve as the DIA for the DECCASA grant as suggested by the Dover Substance Abuse Prevention Advisory Board.
Mr. Salters moved for approval of the selection of Because We Care II to serve as the DIA for the DECCASA grant. The motion was seconded by Mr. Pitts and unanimously carried.
REZONING REQUEST - 540 SOUTH GOVERNORS AVENUE - KENT GENERAL HOSPITAL
A request was received to rezone property located at 540 S. Governors Avenue, owned by Kent General Hospital. The property is currently zoned C-3 (Service Commercial) and the requested zoning is IO (Institutional/Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Lambert, Council unanimously referred the request to the Planning Commission and set a public hearing for September 14, 1992 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 540 S. GOVERNORS AVENUE
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of July 13, 1992.
Sections 21-18(a) and 21-19(a)
Mr. Salters moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hare and unanimously carried.
Mr. Salters moved for adoption of the ordinances, seconded by Mr. Lambert.
Mr. Daisey reiterated previous concerns that the ordinances contain no provision for issuance of a warning prior to the summons. Mr. Salters and Mr. Leary reminded Mr. Daisey that the ordinance was recently strengthened to provide for quicker response to tall grass and weeds complaints by citizens. Mr. Tudor agreed with Mr. Daisey that warnings should be issued prior to summonses.
Mr. Daisey moved to amend the ordinances to require that one warning be issued prior to the issuance of a summons, seconded by Mr. Tudor. The motion to amend failed by a roll call vote of six (6) no, three (3) yes (Mr. Tudor, Mr. Daisey and Council President Christiansen).
On a call for the question on the main motion by Mr. Salters, the following ordinances were adopted by a roll call vote of six (6) yes, three (3) no (Mr. Tudor, Mr. Daisey and Council President Christiansen):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Code of Ordinances of the City of Dover is hereby amended as follows:
Section 1. Amend Section 21-18 of the Code by striking the second sentence of Subsection (a) and substituting in lieu thereof a new second sentence of Subsection (a) to read as follows: "The summons shall cite the violation of this Code and shall be accompanied by a letter or a copy of the relevant provisions of the Code stating what corrective action must be taken and stating the consequences for the failure to take such corrective action."
Section 2. Amend Section 21-19 of the Code by striking the first sentence of Subsection (a) and substituting in lieu thereof a new first sentence of Subsection (a) to read as follows: "Any person convicted of a violation of Section 21-17 of this Code, regardless of corrective actions taken, shall be punished for that violation by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00)."
ADOPTED: July 27, 1992
Prior to adjourning, Mr. Leary commended the City Clerk's Office for the thorough review of a complaint made by Mr. Tony Galla relative to a lack of response to suggestions and complaints made to Council. He felt the matter was handled in a professional and friendly manner.
Mr. Salters moved to adjourn into Open Forum, seconded by Mr. Daisey and unanimously carried.
OPEN FORUM
Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Dr. Atlas Jones - Family Complaints/Police Responsibility
Dr. Atlas Jones relayed a family related incident that resulted in his arrest for physical child abuse. This arrest resulted in the separation of his family and his daughter being placed in foster care. It was his belief that family matters of this nature should not be handled by a police agency, but by a government agency that is serious about preserving the family.
Chief Hutchison reminded Dr. Jones that physical child abuse is a criminal offense, under the jurisdiction of the police agency in which the crime occurred. Dr. Jones has pled guilty to the offense as charged and the case is now closed.
Ms. Ruth Tee - 822 Whiteoak Road
Ms. Ruth Tee of 822 Whiteoak Road urged members of Council to pursue a proposal for City Council to have final authority on certain planning issues. A recent news article relayed that the Planning Commission has recommended that final authority remain with the Planning Commission. It was Ms. Tee's feeling that City Council should have final authority over matters that strongly affect the lives of the citizens of the City of Dover.
Lance Berryhill - 959 Silver Lake Blvd
Mr. Lance Berryhill of 959 Silver Lake Boulevard asked the Council how they could determine there would be no employee pay increases and adopt the budget accordingly, when employee negotiations are on-going. He also asked what the City plans to do about the significant increase in health care costs, relaying that City employees cannot afford the premiums, especially since they received no salary increases this year.
Meeting Adjourned at 8:30 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 27, 1992, are hereby approved.
AARON O. KNOPF
MAYOR
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