REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 26, 1990, at 7:30 p.m., with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters, VanSant and Weyandt.
Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend John H.K. Miller, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested that the executive session be expanded to include personnel matters. Mr. VanSant requested the addition of an item, #6, f-5 Coal, under the Utility Committee Report.
Mr. VanSant moved for acceptance of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 12, 1990
Mr. Christiansen requested that the Council Minutes of February 12, 1990 reflect his absence from the meeting beginning with the Parks and Recreation Committee Report through adjournment.
The Minutes of the Regular Council Meeting of February 12, 1990 were unanimously approved as amended by motion of Mr. VanSant, seconded by Mr. Hall and bore the written approval of Mayor Richter.
PROCLAMATIONS
Mayor Richter reported the issuance of the following Proclamations:
Military Retiree Day
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on March 24, 1990, these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, March 24, 1990, be known as:
“MILITARY RETIREE APPRECIATION DAY”
in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
Employee Appreciation Day
WHEREAS, the City of Dover has 380 employees that work diligently for all our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, surrey driver to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 2, 1990, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
Noting his absence from Dover on Employee Appreciation Day, Mr. VanSant thanked City employees for their dedication and hard work. Mr. Salters stated appreciation for the quick service rendered to him by City Electric employees during a recent electrical problem at his home.
MONTHLY REPORTS - JANUARY
In the City Manager's Report, Mr. Weyandt questioned the statement that the City Electric Department removed 450 trees. Ms. Swain stated that this was performed in a cooperative program with Diamond State Telephone Company and that the total number of 450 trees removed is correct.
Mr. Weyandt pointed out an error on the General Fund, Cash Receipts Report, page 3 under notes, stating that line #2 “Library Revenues” should read 47% rather than 38%.
On the General Fund Budget Report, on page 5 under notes, Mr. Weyandt pointed out that the spending level should read “7 months” rather than “3 months”.
Mr. Weyandt moved for approval of the reports for the month of January as amended, seconded by Mrs. Legates and unanimously carried.
1989 ANNUAL REPORT - INSPECTIONS AND PLANNING
Members of Council commended Mr. Cregar on the 1989 Annual Report for Inspections and Planning. Noting the rapid growth of our City, Mr. Christiansen expressed his hope that Council will support the needs of this department during budget review.
Mr. VanSant moved for acceptance of the report as submitted, seconded by Mr. Lynn and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on February 13, 1990, with Chairman Legates presiding.
Parking Outside Wesley Pre-School - Mrs. Marian S. Marro
The committee considered a letter from Mrs. Marian Marro concerning parking outside Wesley Pre-School. Mrs. Marro explained that for safety purposes, all pre-schoolers must be escorted to their classrooms. This requires parents to park between 11:20 a.m. and 11:40 a.m. The City Police Department has recently initiated ticketing of vehicles parked along yellow curbs outside the school's educational building on Loockerman Street. She advised members of the committee that the parents feel that this represents a lack of community spirit and has created feelings of frustration and resentment. Mrs. Marro suggested that the City establish 20 minute parking in specified areas at the appropriate time on school days.
Mrs. Johnson, Director of the Wesley Pre-School, was present and suggested other alternatives to accommodate parking for parents. Mrs. Johnson plans to work with both the parents and the Police Department in finding a solution to this problem. Chief Hutchison advised that there is a “police parking zone” in the vicinity which can be removed to provide for an additional parking space. He suggested the possibility of Wesley Pre-School obtaining volunteers or additional staff to assist parents in escorting children to their classrooms. A meeting will be held with Mrs. Johnson to discuss some suggestions.
The committee requested that Chief Hutchison meet with Wesley Pre-School officials in an attempt to resolve the problem and that he report his progress to the committee at a future meeting.
Council took no further action.
Consideration of Two Hour Parking in Certain Areas of the City
The committee will be considering two-hour parking in certain areas of the City in the very near future. This will be considered in conjunction with previous discussions on resident parking stickers and proper signing. The committee wished to let the public know of the proposal so that citizen input will be a part of the review.
Mrs. Legates moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 13, 1990, with Chairman VanSant presiding.
Mr. VanSant moved that items #6 B, C, E and H be considered under a Consent Agenda, seconded by Mr. Daisey and unanimously carried.
Review of Insurance Claim - Sewer Backup - 411 Nimitz Road
Mr. Glenn Mahan of 411 Nimitz Road submitted an appeal of an insurance claim denied by the City's insurance carrier on December 31, 1989, Mr. Mahan received damages to his property as a result of a sewage backup. The backup was caused by a grease blockage in the City's main sewer line. The City's insurance carrier determined that the City cannot be held responsible for the blockage since the City responded and corrected the problem immediately, performs regular preventive maintenance, and was in no way negligent.
Although the insurance carrier has denied his claim, it is Mr. Mahan's opinion that he should not be held responsible since the blockage was in the City's sewer line.
Mr. Scrafford submitted a summary of the events of December 31, 1989 and indicated that the grease blockage information was given to the Department of Inspections for further investigation. He also advised the committee that the Nimitz Road sewer line was cleared during the week of April 10-14, 1989, and that the White Oak/Towne Point area was cleaned between April and September 1989. Mr. VanSant explained that under the existing procedures for insurance claims, the City is not held responsible if City staff responds promptly and corrects the problem. Staff recommended that the appeal be denied based upon the recommendation of the insurance carrier and the precedent that would be set for future sewer backup claims.
Some members of the committee felt it unfair to hold a resident responsible for charges stemming from a blockage in the City's main.
The committee recommended that the City reimburse Mr. Mahan $169 for damages to his property as a result of the sewer backup of December 31, 1989.
Mr. VanSant moved to accept the committee's recommendation that the City of Dover reimburse Mr. Mahan, of 411 Nimitz Road, $169 for damages to his property as a result of a sewer backup of December 31, 1989. The motion was seconded by Mr. Hall.
Although he presented the recommendation of the committee, Mr. VanSant explained that he does support the motion and voted negatively at the committee level. He stated that the City pays in excess of $1.1 million a year for insurance coverage. In situations where the claim is a repeating or historic case, he felt that the City should accept the decision of the insurance carrier. Approval of this appeal will set a precedent for many other similar claims. In a City the size of Dover, Mr. VanSant felt it impossible to guarantee a blockage free main. In Mr. Mahan's case, he has a toilet in the basement that is below grade which allows a backup to enter his basement.
The City Clerk reviewed the insurance claim procedures, stating that the insurance carrier is given a detailed report of the incident. Payment is based upon possible negligence of the City of Dover.
Mr. Hall stated his feeling that sewer users pay for the service and if the service is made unavailable to them or causes a problem for them, then the City should be held responsible. Mr. Christiansen concurred with Mr. Hall, stating that the City could review similar future claims case by case rather than assuming that a precedent will be set for all future claims.
Responding to questions of Mr. Weyandt, the City Solicitor stated his opinion that the City should follow the advice of the insurance carrier. It was his opinion that payment of this claim would establish a precedent, and any future claim of a backup in the main would also have to be paid by the City.
Mr. Daisey felt that a lack of City manpower may have contributed to the problem, feeling that the maintenance program does not permit frequent cleaning of the City's mains. Public Works Director, Mr. Richard Scrafford, explained that the City routinely cleans its mains. This would not, however, prevent a blockage in the main if someone allows grease to enter the system. The Department of Inspections is able to inspect grease traps in commercial restaurant establishments but the City has very little, if any, control over what a homeowner pours down their drains.
On a call for the question by Mr. Weyandt, the motion to reimburse Mr. Mahan $169 for damages to his property stemming from a sewer backup was approved by a vote of five (5) yes, four (4) no (Mrs. Legates, Mr. Lynn, Mr. Salters and Mr. VanSant).
Delaware Electric Signal Co. - Refuse Collection
The committee reviewed a letter from Mr. Anthony Abatte of Delaware Electric Signal Company concerning the City's refuse collection service. He has experienced problems with trash collection for several months varying from no pick-up to not completely emptying the plastic container. As requested by Mr. Abatte, the City has reimbursed him $203 for his plastic container and he has contracted with a private collection company. However, since he is a City taxpayer, he feels entitled to free trash collection.
The Public Works Department has attempted to resolve some of the problems experienced by Mr. Abatte, but there have been instances where the trash could not be collected due to vehicles parked in front of the container and times when the container was locked by Mr. Abatte and unaccessible by the City. Mr. Scrafford has explained to Delaware Electric Signal that we do not object to locking the container to prohibit unauthorized use, but it is their responsibility to make their container accessible on collection day.
The committee and Council took no further action.
Energy Conservation Program
Staff has investigated the New England Electric System (NEES) energy conservation programs and has updated the committee on their findings. NEES is utilizing 11 different programs for the Commercial, Industrial, and Residential markets. Staff submitted information on the residential programs and a brief evaluation. The Commercial/Industrial programs will be presented in March.
Optical Fiber Installation - College Road
The planning for College Road Substation has included fiber optic cable for the pilot wire relaying, which was to cost $25,000. It has been determined that there are benefits to inter connecting this cable with Delmarva's fiber optic relaying and metering cable. C-Tec Communications of Wilkes-Barre has prepared a proposal for the design and installation of the complete system. C-Tec is a qualified consultant and contractor with a continuing contract for Delmarva's fiber optic work.
C-Tec is performing the design and construction of Delmarva's fiber optic system and has prepared a proposal for our extension in the amount of $75,000, which includes the following functions:
1)Pilot wire relays College Road to McKee - 2 - 69kV Ckts. (new requirement for College Road)
2)Hot line telephone - Dispatcher to DPL Christiana (replacement for leased line & microwave)
3)Generator regulation control & monitor to DPL (replacement for leased line to Christiana)
4)Capability for future expansion of voice, relaying, and metering connections to Delmarva
5)Capability of future relaying and control circuits via DPL's Kent Substation to North Street and Parkland
The City's current telephone line charges are approximately $3,400 annually and this charge could be saved by inter-connecting. Although inter-connecting would cost $50,000 more than projected, a savings would be realized in the entire substation installation that would satisfy the difference.
The committee recommended that a purchase order be issued to C-Tec Communications for $75,000 for the design and installation of a fiber optic system.
Mr. Hall expressed his feeling that the system is too expensive to justify such an expense.
Mr. VanSant moved for approval of the committee's recommendation to issue a purchase order to C-Tec in the amount of $75,000, seconded by Mr. Christiansen and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Hall).
Easement Agreement with Conrail
During engineering design for the gas line to the Parkland Combustion Turbine, it was determined that an additional easement from Conrail was required for the Puncheon Run sewer interceptor. Although an easement was obtained from General Foods in 1985, the City overlooked the 2073' on Conrail's property. Prior to installing the gas line, Conrail is now requiring an easement. Conrail has two fee structures, as follows: 1) An annual fee of $921.20 per year, which would be subject to “adjustments” by Conrail, and $6,351 retroactive; or 2) A one time fee of $13,850 for a perpetual easement. The one time fee is calculated from 20 times the annual fee. The committee was provided with the detailed fee calculations.
The committee tabled action on the Easement Agreement with Conrail to allow the city Solicitor to review the possibility of eminent domain.
Combustion Turbine Update
It was noted that the preliminary civil work has been bid for the preliminary road work, water line, and rough grading. The major civil specifications have been completed, including piles, pad, grounding, and final grading and paving.
The information presented was for informational purposes only.
Noise Variance - The committee was advised that the noise variance has been explained in public meetings and that the variance request is scheduled to be heard by the Zoning Board of Adjustments on February 21, 1990.
Schedule of Expenditure Approvals - Construction on the Combustion Turbine is scheduled to begin in March 1990 and the unit should be available for service in January 1991.
Cost Summary - A cost summary for the Combustion Turbine was presented to the committee. It was noted that $12,502,100 has been committed to date. Staff has estimated a balance of $4,223,000 for completion and $506,900 in contingencies. The estimated total for the Combustion Turbine Cost is $17,232,000.
Project Schedule - A Council approval schedule for those expenditures that will require Council's authorization was submitted. It was felt that this schedule can also serve as a guide for the project schedule.
The committee and Council took no further action on the update.
Review of Requirement to Consider Coal as a Fuel Source
Mr. VanSant announced that at the next Utility Committee meeting they will review the requirement of coal as a fuel source for the production of electricity to meet the Power 2000 Study.
Bid - Water Line - Route #113 - From Lafferty Lane to Air Base
In conjunction with the 1988-93 Capitol Improvements Plan, it was proposed to construct approximately 3,075 linear feet of 12" water main on the east side of U.S. 113, from Lafferty Lane to DAFB. The engineer's estimate was $155,000. Bids were solicited and the low bid was received from Teal Construction, Inc. in the amount of $124,288.70. Staff assured the committee that by-pass plans were considered in the bid.
The committee recommended awarding the contract to Teal Construction in the amount of $124,288.70 for the U.S. Route #113 water main extension.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
id - Entrance/Access Road to Parkland Generating Station
Bids were solicited for the beginning of the civil work for the Combustion Turbine Project, which included the entrance road, water line, and rough grading. The rough grading of the site was bid at unit prices, since quantities were not yet known. The engineer's estimate for this work was $465,000. Bids were received as follows:
Lump Sum Cost Site Work
Entrance/ Unit Prices
Vendor Road/Water line Total Total
Guardian Const. $460,595 $ 89,875 $550,470
L.A. Merrell 457,000 106,450 563,450
Willow Oak 483,350 104,625 587,975
George & Lynch 499,000 115,750 615,750
Since the bids were much higher than the engineer's estimate, the two low bidders were requested to submit revised costs with the roadway reduced from 30' to 24' , and grading adjusted to require less fill. The site work unit items were redefined to permit lump sum bids. The low bid was received from L.A. Merrell Construction in the amount of $417,479.50.
The committee recommended that the low bid be accepted and a purchase order be issued to L.A. Merrell Construction of Hartly, Delaware in the amount of $417,479.50.
Mr. Hall suggested that action be delayed until more details are available on the location of the combustion turbine. Mr. VanSant stated that although there is some question on the exact location of the turbine, it is known that two entrances and exits will be necessary and the roadway will be used either way. Ms. Swain agreed that the road will be needed regardless of the exact site of the turbine.
Mr. VanSant moved for approval of the committee's recommendation to accept the low bid of L.A. Merrell in the amount of $417,479.50, seconded by Mr. Levitt. The motion was approved by a roll call vote of eight (8) yes, one (1) no (Mr. Hall).
Bid - Unit #2 Boiler Feed Pump Replacement
In October 1989, Council authorized the purchase of two (2) boiler feed pumps on Unit #2 at McKee Run. Bids were solicited for the installation of two boiler feed pumps on Unit #2. The low bid was received from J.W. Stewart, Inc. in the amount of $89,457.
The general construction budget estimate was $70,000. The engineering firm (Black & Veatch) recommended that the City accept the bid of J.W. Stewart, Inc. The committee recommended that the bid be awarded to J.W. Stewart, Inc. for $89,457 as general contractor on the installation of Unit #2 boiler feed pumps.
Mr. VanSant moved for approval of the committee's recommendation to award the bid to J.W. Stewart, Inc. for $89,457, seconded by Mr. Hall and carried by a unanimous roll call vote.
Bid - Capitol Park Conversion Project
This year's budget includes funds to convert troublesome overhead areas to underground service (60-65 $75,000). Capitol Park is a priority area because of the high incidence of tree problems and inaccessibility. Bids were requested for the conversion of Capitol Park from rear overhead to front underground. This project involves small portions of North and South Governors Boulevard. The work includes the installation of new primary and secondary equipment and meter pedestals for services. The engineer's estimate was $55,000. The low bid was received from Kriss Contracting in the amount of $64,466.00.
The committee recommended that the low bid be accepted and that a purchase order be issued to Kriss Contracting in the amount of $64,466.
Mr. VanSant explained that the committee will be reviewing the type of metering for this area at its next meeting.
Mr. VanSant moved for approval of the committee's recommendation to award the bid to Kriss Contracting in the amount of $64,466, seconded by Mr. Hall and carried by a unanimous roll call vote.
Bid - Street Sweeper Purchase Review
This year's budget includes $80,000 for a mechanical street sweeper. By request of Councilman Weyandt, staff has compared and analyzed the vacuum type street sweeper with the current mechanical units. The State Highway Department did not advertise for vacuum sweepers this fiscal year. Staff obtained a copy of the Delaware Turnpike Bid for the mechanical units and the State of Maryland Bid for vacuum units.
John C. Louis is the low bidder on the State of Delaware Bid Contract #7432 and S.M. Christhilf & Sons is the low bidder on the State of Maryland Contract. Both vendors adjusted their proposed contract vehicle to meet City of Dover requirements and provided bid prices for a sweeper equipped to meet our needs. John C. Louis bid in the amount of $82,251 for an Athey mechanical sweeper and S.M. Christhilf & Sons bid in the amount of $93,560 for a Johnson vacuum sweeper.
The Johnson vacuum sweeper has the ability to remove fine dirt from the street surface, that will prevent the dirt from being washed into the storm sewer system. This sweeper is mounted on a standard truck chassis which can be reused when the body wears out. A new sweeper body could be placed on the chassis or the chassis could be converted to a sander or leaf collection vehicle by adding the appropriate body. The Athey mechanical sweeper is an integrated chassis and body; whereby, if either part wears out beyond repair, the total unit must be replaced.
The committee recommended that the bid be awarded to S.M. Christhilf & Sons and that a purchase order be issued to them in the amount of $93,560.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Hall and carried by a unanimous roll call vote.
State Agreement - Permission to Construct South State Street
A request has been received from the State of Delaware Division of Highways for an agreement signed by the City granting permission to reconstruct a portion of South State Street. Staff assured members that this is a Standard Boiler-plate Agreement and has been reviewed by the City Solicitor.
The Agreement includes the plans and specifications and calls for a Resolution from Council granting consent for the State to “construct, reconstruct and/or improve the project through the City.”
The committee recommended approval of the State Agreement granting permission to reconstruct a portion of S. State Street.
Mr. VanSant moved for approval of the committee's recommendation. The motion was seconded by Mr. Hall and by a unanimous roll call vote, Council adopted the following resolution:
WHEREAS, the State wishes to engage in certain public improvements herein referred to as U.S. Route 13, U.S. Route 113A, South State Street and Wyoming Avenue Intersection Improvements; and
WHEREAS, the State and the City have reached an agreement for the relocation of any necessary utility structures; and
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER endorse the agreement entitled “U.S. Route 13, U.S. Route 113A, South State Street and Wyoming Avenue Intersection Improvements” and authorize the Mayor of the City of Dover to sign such agreement.
ADOPTED: February 26, 1990
Mr. VanSant moved for adoption of the Utility Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
ACCEPTANCE OF VALUES FOR PROPERTY REVALUATION - CITY ASSESSOR
The City Assessor has prepared new property values established during the 1990 Revaluation Project. The last revaluation project was performed in 1988.
Mr. Weyandt reminded Council that after waiting in excess of ten years before performing a property revaluation in 1988, the City decided to perform an inhouse revaluation every two years to eliminate major increases all at one time. He also reminded the public that the tax rate has not yet been set so it is not known what effect the revaluation will have on the amount of taxes due. The assessment books will be available in City Hall and the Dover Library for public review and letters will be sent to all property owners detailing the revaluation of their property.
Mr. Weyandt moved for acceptance of fiscal year 1990/1991 property values as submitted by the City Assessor and for approval of the following schedule:
February 26, 1990 - Review and acceptance of Values by Council
March 1, 1990 - Notice of New Values Sent to Property Owners
March 1st - April 30th - Informal Appeals
Kid-May 1990 - Formal Appeals - dates to be scheduled by Council at a later date.
The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
CORRESPONDENCE
Mayfair-Crossgates-Wedgwood-Mayfair II Civic Association - Support of Sound Suppression System for Combustion Turbine
A letter was received from the Mayfair-Crossgates-Wedgwood-Mayfair II Civic Association thanking members of Council who attended their last Association meeting. A vote was taken at the meeting to support the best available technology for sound suppression for the proposed 40 megawatt gas fired unit at the Schutte Farm. Also it was the general consensus of the Association that the City should not consider a coal-fired power plant in the future.
Mr. Weyandt moved to acknowledge receipt of the letter and to refer it to the Utility Committee, seconded by Mr. Daisey and unanimously carried.
Request for Annexation - Northerly Side of Dover - Hazletteville Road - Sophia D. Gagen
A request was received from Sophia D. Gagen for annexation of 125 acres of land located on the northerly side of Dover - Hazletteville Road.
Mr. Weyandt moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. VanSant and carried with Mr. Christiansen voting no.
Mr. VanSant moved to adjourn into open forum and then into executive session to discuss legal and personnel matters, seconded by Mr. Salters and carried with Mr. Christiansen voting no.
OPEN FORUM
Mayor Richter declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the open forum.
Meeting Adjourned at 8:45 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions (except that portion of the minutes relating to “the reimbursement of damages to property stemming from a sewer backup for Mr. Glen Mahan of 411 Nimitz Road”) adopted by City Council during their meeting of February 26, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
jg