REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 24, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hare, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant. Councilman Daisey was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Father Hanley, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lynn moved for approval of the agenda, seconded by Mr. Weyandt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 10, 1991
Mr. Lynn requested that the Council Meeting Minutes of June 10, 1991 reflect the absence of himself and Councilman Levitt. The Minutes of the Regular Council Meeting of June 10, 1991 were unanimously approved as amended by motion of Mr. VanSant, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 18, 1991
The Minutes of the Special Council Meeting of June 18, 1991 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
RESOLUTION - TRACY R. WALTERS, III
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, Tracy R. Walters began employment as an Auxiliary Operator with the City of Dover Electric Department on February 2, 1967 and advanced to his current position of Shift Supervisor at McKee Run Generating Station; and
WHEREAS, as an employee with the City's Electric Department, Mr. Walters has been a part of the rapid growth in our city and the necessary expansion of our electrical systems, and has kept abreast of the current technology needed for proper expansion of the system; and
WHEREAS, his fellow employees elected him to represent them as a member of the Civilian Pension Plan of which he served on as Chairman for one year and as a member for an additional six years; and
WHEREAS, after more than 24 years of service with the City of Dover, Mr. Walters has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover extend their deepest gratitude to Tracy R. Walters for his contribution to our community and for his devotion to his duties as a City of Dover employee.
BE IT FURTHER RESOLVED that the Mayor and Council wish Mr. Walters a healthy and happy retirement and present to him the Dover Cup as a lasting symbol of appreciation for his many years of service to the City of Dover.
ADOPTED: June 24, 1991
Mr. Walters expressed his appreciation to members of Council and his fellow employees, relaying that although he is looking forward to retirement, he will miss working for the City of Dover.
RESOLUTION - CAPTAIN JOHN C. SIGLER
By motion of Mr. Lynn, seconded by Mr. VanSant, Council unanimously adopted the following Resolution:
WHEREAS, John C. Sigler joined the City of Dover Police Department on September 27, 1971; and
WHEREAS, he rose through the ranks of the police force, having served as a patrol officer in the Patrol Unit until 1979 when he was transferred to the Criminal Investigation Unit; he was reassigned in 1983 to the Planning, Training, and Inspections Unit where he served until 1990 when he was transferred back to the Criminal Investigation Unit as its Commander until January 1991 when he was promoted to the rank of Captain and given command of the Administrative Division; and
WHEREAS, while serving on the City Police Force, Captain Sigler obtained a Bachelor of Science Degree, a Master of Arts Degree and a Juris Doctor Degree from the Delaware Law School of Widener University and was admitted to the Delaware Bar as a lawyer in 1987; and
WHEREAS, Captain Sigler has chosen to retire from the City of Dover Police Department and will enter private practice with a local law firm.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest gratitude to Captain John C. Sigler for his commitment and dedication to the City of Dover Police Department and highly commend him for his many achievements during the course of his career.
BE IT FURTHER RESOLVED that the Mayor and Council extend their best wishes to Captain John C. Sigler in his future endeavors in the field of law.
ADOPTED: June 24, 1991
Council President Christiansen stated that a formal presentation will be made to Captain Sigler during promotional ceremonies on July 8, 1991.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 11, 1991 with Chairman VanSant presiding.
Mr. VanSant moved for consent of the committee's actions on the following items, seconded by Mr. Lynn and unanimously carried:
Request for Waiver from Subdivision Regulations - K.C. Sheth
Tabled action on the request pending review and recommendations from the DAC and Robbins Hose Company.
Annexation Request for Parcels on S. Governors Avenue and Webbs Lane, Owned by Wendy's Restaurant
Tabled action by request of attorney representing applicant.
Request for Annexation - RBJ Partnership (Dunkin Donut Shop) - Forest Street
The committee considered a request for annexation of property located on the south side of Route #8, approximately 275 +/- feet east of Independence Boulevard, owned by RBJ Partnership. The property is currently under development for a Dunkin Donut Shop.
In accordance with the City's Comprehensive Plan, if annexed the property would be given a zoning classification of Medium Density Residential (RG-2 - General Residence). This classification would make the commercial use legal non-conforming and limits any expansion of the use to its current facility. Upon completion of the Route #8 Corridor Study, alternative land use classifications may be possible with adherence to some fundamental principles of site development.
The committee recommended that an annexation referendum be held for the property, stipulating that the condition of annexation meets all the existing commercial use conditions for the establishment and the proposed requirements for the Route #8 Corridor Study.
Mr. VanSant moved for approval of the committee's recommendation. The motion was seconded by Mr. Salters and by a roll call vote six (6) yes, two (2) no (Mr. Lynn and Mr. Christiansen) with Mr. Daisey absent, Council adopted the following resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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, within a zoning classification of RG-2 as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
All that certain lot, piece or parcel of land being Lots 48, 49, and 30 of Country Club Estates, said Country Club Estates being recorded in the Kent County Recorder of Deeds Office in Miscellaneous Plat Book B, page 37, said lands consisting of 44,000 square feet.
2. That the election be held on the 29th day of July, 1991 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: June 24, 1991
Acceptance of Streets and Utilities - Mallard Pond
During the Regular Council Meeting of May 13, 1991, the dedication of streets and utilities of Mallard Pond was referred to the Utility Committee due to concerns of damage to curbs.
Staff investigated the concerns and reported that the damages pose no structural problem to the curb. A one-year maintenance bond has been submitted. Prior to releasing the bond, at approximately ten months, an additional inspection is completed. Any deficiencies found at that time must be corrected before the bond is released.
Staff reported that a 150% Letter of Credit has been submitted to cover the cost of the sidewalk which is not yet completed. Sidewalks are usually not constructed on lots until after the houses are built, due to construction traffic damaging the sidewalk. A Certificate of Occupancy is not issued for a house until the sidewalk is installed. The committee recommended acceptance of streets and utilities for Mallard Pond.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen) with Mr. Daisey absent.
Bid - Relocation of Electric Lines - N. Little Creek Road - By-Pass Project
The State of Delaware Department of Transportation authorized Dover to contract work on State Contract #89-110-02. Bids were requested for the relocation of the existing 69kV and 12kV electric lines. This will include all poles and equipment, adjustment of service lines and part to be converted to underground. Materials would be furnished by the City, including two 90' wood poles. Although the City furnishes the materials, the entire project will be reimbursed by the State of Delaware. The engineer's estimate was $33,722.50. The committee recommended awarding the bid to the low bidder, A.J. Fry in the amount of $29,600.
The committee recommended that staff be authorized to issue a purchase order to A.J. Fry Electric for the sum of $29,600.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Daisey absent).
Bid - Protective Coating Material - Combustion Turbine
The planning/design of the Parkland Generating Station requires that protective coatings be applied to the Combustion Turbine and all associated equipment not presently protected. All piping, electrical boxes/conduits/etc. are to be coated as per OSHA color coding. Design and specifications for this portion of the project will be the responsibility of Stone & Webster Engineering Corporation and City staff. The engineer's estimate was $25,000. The low bid was received from N.D. Maccari in the amount of $11,500.
Since bids were received from two different "Maccari" firms, staff expressed some confusion over which of the two firms had received positive references from DP&L for similar work performed. Staff recommended that the committee defer action until the June 24th Council Meeting to allow time to obtain additional information.
Mr. Worley relayed that it has been confirmed that N.D. Maccari is a reputable contractor and is capable of performing the work. Since this firm submitted the low bid, staff recommends that the bid be awarded to N.D. Maccari.
Mr. VanSant moved that the bid for protective coating material for the combustion turbine be awarded to N.D. Maccari in the amount of $11,500. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Daisey absent).
Bid - 1991/92 Fuel Oil Supply for McKee Run
Bids were solicited for the 1991-92 fuel oil supply for McKee Run and were received from Amerada Hess Oil Company and Apex Oil Company. Staff reported that Apex Oil Company did not bid in accordance with all the specifications contained in the invitation. The committee recommended that the bid be awarded to Amerada Hess at a cost FOB Dover, as follows:
Per Barrel - $13.50
Per Gallon - $ 0.32143
1,000,000/BTUs- $ 2.10633
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Daisey absent).
Woodbrook Pond Project
For the past several years, residents of the Woodbrook Subdivision have complained about the deteriorated state of Woodbrook Pond. Over the years, the pond has silted in, allowing aquatic vegetation to develop, which hinders the capability of water to flow through the pond. Much of the sediment is the remains of leaves and grass which have washed into the pond. Due to problems of getting equipment in and around the pond, it cannot be cleaned out.
In conjunction with the 1990-95 Capital Improvements Plan, it was proposed to clean the pond, regrade the banks and improve the flow through the pond. Once approval for the project was received from the Department of Natural Resources and Environmental Control, bids were solicited. The engineer's estimate was $14,200. One bid was received from Willow Oak, Inc., in the amount of $45,585.
Staff advised members that $12,500 was budgeted in FY 1990-91 for this project, and that an additional $10,000 was available from the White Oak Road Ditch Cleaning project, which was budgeted but completed by DelDOT, at no cost to the City. Staff relayed that other contractors indicated that they did not bid due to the size of the job, the manpower requirements, or were too busy at this time. Feeling that there is interest in the project, staff recommended re-bidding the project sometime in the fall and rebudgeting the existing funds to pay for the work.
The committee recommended that all bids be rejected and the project be re-bid sometime in the fall with the existing funds to be rebudgeted to pay for the project.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Mr. Hare voiced his hope that this project would not be delayed for too long, stating that the pond is in dire need of cleaning.
Fuel Adjustment Review
The current fuel adjustment is $0.0035 based on $18.90 per delivered barrel of oil at the McKee Run Power Plant. The present cost of oil is $11.60 per delivered barrel. If the $11.60 price continues for the rest of the year, the fuel fund will be at $3,500,000 as of December 31, 1991. The normal goal is for the fund to be at zero. Staff expects that the cost will average $16.00 per delivered barrel by the end of the year.
To avoid having a negative balance in the fuel fund requiring loans from other funds, discussions occurred this past fall with Council about setting a minimum balance to remain in the fund. Staff felt that the fund should carry a $1 million minimum balance as of December 31 each year with all interest earnings to remain in the fund. If during the year, the electric fuel adjustment rate projection was too low, there would be a $1 million cushion in the fund to avoid running a negative balance.
The committee recommended that the fuel adjustment rate be set at zero ($0.00) effective July 1, 1991. The committee also recommended the establishment of a $1 million minimum balance in the fuel adjustment fund as recommended by staff.
Mr. VanSant moved that the fuel adjustment rate be set at zero ($0.00), effective with billings beginning July 1, 1991. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Daisey absent).
Mr. VanSant moved that the City maintain a minimum balance of $1 million in the fuel adjustment fund to avoid sudden fluctuations and to provide some stability and cushion in the fund. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Daisey absent).
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
MONTHLY REPORTS - MAY
Mr. Lynn moved for approval of the following reports for the month of May, seconded by Mr. Weyandt and unanimously carried:
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
REAPPOINTMENTS - BOARD OF ADJUSTMENTS
Mayor Richter requested the reappointment of Fred B. Carey, Jr. and Karl Dorzback to the Board of Adjustments. They will serve three year terms, to expire in July 1994.
Mr. Lynn moved for the reappointment of Mr. Fred B. Carey, Jr. to the Board of Adjustments for a three year term, to expire in July 1994. The motion was seconded by Mr. Hare and unanimously carried.
Mr. VanSant moved for the reappointment of Mr. Karl Dorzback to the Board of Adjustments for a three year term, to expire in July 1994. The motion was seconded by Mr. Lynn and unanimously carried.
FINAL READING - PROPOSED ORDINANCES - 1991/92 BUDGET
The First Reading of the following proposed ordinances for the 1991/92 Budget was accomplished during the Council Meeting of June 18, 1991.
Mr. Weyandt moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. VanSant moved for adoption of the following ordinances, effective July 1, 1991, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Daisey absent):
GENERAL FUND
CASH RECEIPTS AND BUDGET FOR 1991-92
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Ten Million, Five Hundred Ninety Four Thousand, One Hundred Ninety Six Dollars ($10,594,196) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1991 and ending June 30, 1992:
GENERAL FUND CONTINUED
Cash Receipt/Estimates
Items
Beginning Balance $ 182,086
Paramedic Fees 36,152
Fines and Police Revenue 375,000
Franchise Fees 150,000
Interest Earnings 187,500
Library Revenues 42,000
Business Licenses 480,000
Permits and Other Licenses 244,650
Miscellaneous Service Charges 55,000
Police Extra Duty Fees 57,000
Property Taxes 4,477,072
Recreation Revenue 63,673
Senior Surrey Fees 21,000
Grants:
Ambulance Related 4,000
Municipal Street Aid 395,160
Transportation 145,522
Police Related 37,000
State 49,000
Transfer Tax 490,000
Trash Fees 27,381
Transfer from Electric 3,000,000
Transfer from Water/Sewer 75,000
Total $10,594,196
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Budget Summary
Department
Tax Assessor $ 109,040
Fire 321,429
Community Service - Admin. 123,403
Library 537,299
Paramedic 83,419
Recreation 236,976
Fire Marshal 43,571
Health Inspection 32,532
Planning Commission 12,010
Public Inspections 336,062
Police
Police Other 519,077
Police Civilian 408,470
Police Law Enforcement 3,493,854
Police Extra Duty 62,611
Sanitation 1,229,473
Senior Surrey 248,893
GENERAL FUND CONTINUED
Allocated:
City Clerk 76,138
Mayor and Council 35,340
Grounds 416,916
Streets 374,694
City Manager 275,746
Data Processing 136,679
City Treasurer/Finance 99,769
Public Works - Administration 94,878
Building Maintenance 138,712
Public Works - Engineering 80,422
Central Services 4,513
Vehicle Maintenance 361,005
Administrative Services 30,250
Human Resources 62,005
Fund Transfers:
Debt Service 422,250
Contingency (13,271)
Retirees Health Care 80,031
Downtown Development Contribution 65,000
Arts 0
Community Development 55,000
Totals $10,594,196
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2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to 5% of the amount hereinafter appropriated to any department.
ADOPTED: June 24, 1991
CONTINGENCY FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 1991-92
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Hundred Twelve Thousand, One Hundred Fifty Four Dollars ($212,154) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1991, and ending June 30, 1992:
Cash Receipts/Estimate
Items
Beginning Balance $225,425
Transfer from General Fund (13,271)
Total $212,154
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CONTINGENCY FUND CONTINUED
Budget Summary
Items
Transfer to General Fund $ 0
Balance Carried to Next Year 212,154
Total $212,154
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ADOPTED: June 24, 1991
MUNICIPAL STREET AID FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 1991-92
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Three Hundred Ninety Five Thousand, One Hundred Sixty ($395,160) so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1991, and ending June 30, 1992:
Cash Receipts/Revenue
Items
Grant - State of Delaware $395,160
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Budget Summary
Items
Transfer to General Fund
Street Related Expenses $395,160
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2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to 5% of the amount hereinafter appropriated to any department.
ADOPTED: June 24, 1991
POLICE GRANTS FUND
CASH RECEIPTS/REVENUE AND BUDGET FOR 1991-92
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Hundred Seven Thousand, Ten Dollars ($207,010) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1991, and ending June 30, 1992:
POLICE GRANTS FUND CONTINUED
Cash Receipts
Items
Pension Grant $142,010
Safety Related Grants - State of Del. 28,000
Alcohol Grant 0
Radar Grant 0
Red Light Grant 0
Drug 37,000
Total &