REGULAR COUNCIL MEETING

The Regular Council Meeting was held on November 25, 1996 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.

Council staff members present were Major Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. 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.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Pastor Eldon Fowler, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Lambert requested additions to the Utility Committee Report, as follows:

#5B - Upgrade 12KV Breakers

#5C - Engineering Services - Dover Downs Pump Station Upgrades

#5D - Acceptance of Dedication of Rights-of-Way and Utilities - Fox Hall West Addition Phase I

Mr. Salters moved for approval of the agenda as amended, seconded by Mr. Hare and unanimously carried.

ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF NOVEMBER 4, 1996

The Minutes of the Quarterly Open Town Meeting of November 4, 1996 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 12, 1996

The Minutes of the Regular Council Meeting of November 12, 1996 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.

DONATION - WESTMINSTER VILLAGE

Mayor Hutchison introduced Mr. George Burnett of Westminster Village, along with Ms. Rose Bradshaw (President of the Resident Association) and Ms. Dottie Collins (Vice-President of the Resident Association). Ms. Bradshaw relayed the appreciation of the residents of Westminster Village for the fire service available from the Robbins Hose Company. In recognition of this wonderful fire service, Ms. Bradshaw presented a check in the amount of $1,000. The donation was accepted by Fire Chief Carey who relayed the appreciation of Robbins Hose Company volunteer fire fighters for the continued financial support of Westminster Village.

Ms. Collins thanked the City for the services to their community and in expression of their appreciation, she presented a check, in the amount of $1,000, to Major Faulkner for the continued support to their community by the City of Dover Police Department. Major Faulkner and Mayor Hutchison expressed sincere appreciation for the contribution to the community by Westminster Village.

ELECTION OF OFFICERS - ROBBINS HOSE COMPANY

The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. The City Clerk reported that the only contested positions were that of the Fourth Assistant Chief and Fire Line Captain #1. The following results from the November 18, 1996 Robbins Hose Company Election were read into the record:

          Fire Chief                          -                   Carleton E. Carey, Jr.

          Deputy Fire Chief               -                   Wayne Hutchison

          First Assistant Chief            -                   Alan J. Farling

          Second Assistant Chief         -                   Robin R. Christiansen

          Third Assistant Chief           -                   Daniel L. Lott

          Fourth Assistant Chief         -                   Kevin Fountain

          Fire Line Captain #1            -                   Christopher W. Jacobs

          Fire Line Captain #2            -                   Robert J. Whedbee

Mr. Hare moved acceptance of the results as reported, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Christiansen not voting).

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on November 12, 1996 with Chairman Salters presiding.

Proposed Ordinance Amendments - Article V, Sections 22-257 and 22-258 (Impact Fees)

In July 1987, the City contracted with Whitman, Requardt & Associates to update the wastewater system master plan. As part of the master plan, the City of Dover implemented a wastewater collection impact fee. Over the past eight years, the City has revised the ordinances to meet changing development conditions as they relate to wastewater expansion. Staff proposes minor amendments that reflect several language changes which will clearly define how the ordinance is to be applied.

The following is a summary of the proposed changes:

1.   Added transmission improvements to code to ensure pumping station and force main improvements are considered to be expansion projects.

2.   Revised language to Section 22-257© to allow City Engineer to calculate city impact fee to cases where a specific assessment cannot be applied.

3.   In Section 22-258(a) and (b) the reference to new users was changed to additional users.

4.   Section 22-258© from the existing code has been deleted. This section referred to exceptions and is no longer needed.

5.   Section 22-258(e) from the existing code has been deleted.

The committee recommended approval of the proposed amendments to the ordinances, as recommended by City staff.

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Fenimore and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on November 12, 1996 with Chairman Lambert presiding.

Municipal Utility Line Clearance and Tree Removal Contract

In previous years, the City Electric Department has contracted back yard tree trimming work to private contractors in order to keep the trees away from the power lines. Back yard climbing work is very time consuming, and a private tree trimming crew can be assigned to specific problem areas. City crews have to address problems throughout the entire electric system.

Bids were advertised to furnish all necessary equipment, machinery, supplies, tools, apparatus, means of transportation, and labor necessary to perform utility tree clearance work in complete accordance with the satisfaction of the Electric Department. The bids were let as follows: (1) On the basis of time and materials and the qualifications of the bidder to perform the work; (2) the anticipated quantity of work in the range of $30,000 to $70,000 subject to adjustment as necessary with no guaranteed quantity of work; and (3) the terms of the contract are one year from the award date.

Bid packets were mailed to Asplundh Tree Experts, The Davey Tree Expert Company, and Pardoe Tree Company. As a result of public advertising, the following three companies requested and were sent bid packets: Mercier Tree Service; Willow Oak Inc.; and Eastern Construction.

Sealed bids were received with Asplundh Tree Experts being the only company to submit a bid. Letters were received prior to the bid opening from Willow Oak, Inc. and the Davey Tree Expert Company declining to submit a quote.

The bid packet requested hourly rates for a three person climbing crew and a three person aerial lift crew. The aerial lift crew would be a climbing crew with the flexibility of operating an aerial lift truck when needed. The rates are as follows:

Three (3) Person Climbing Crew/hr = $48.38

Three (3) Person Aerial Lift Crew/hr = $52.88

Due to the flexibility afforded by the three (3) person aerial lift crew, staff recommends awarding the contract to Asplundh Tree Expert Company.

The committee recommended that the City award the bid to Asplundh Tree Expert Co. for a three (3) person aerial lift crew at $52.88 per hour and for a three (3) person climbing crew at $48.38 per hour.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.

Committee Meeting of November 25, 1996

Noting that the next City Council meeting will not be held until December 17, 1996, Mr. Lambert reported actions taken by the Utility Committee during their meeting of November 25, 1996.

Upgrade 12KV Breakers

A program was adopted by the Engineering Department in 1991 to replace the outdated 12 & 4KV breakers in our system after several had failed. It was discovered that the replacement parts to repair these obsolete breakers were almost impossible to obtain and extremely expensive. Therefore, a standard was adopted for a replacement breaker which has a high reliability rate, very low preventive maintenance required and retrofit in all locations with little, if any, modifications.

In order to maintain reliability of our substations and eliminate costly repairs, nine of the oldest breakers are scheduled for replacement this year. WESCO was the only vendor that submitted a bid. They are the sole vendor for ABB in this geographical area. Although a bid request was attempted with two other vendors, no other bids were received. As per the City's purchase policy, no bidding is necessary when there is a sole vendor.

The committee recommended that staff be authorized to issue a purchase order to WESCO in the amount of $145,485 for the purchase of nine (9) ESV type breakers.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.

Engineering Services - Dover Downs Pump Station Upgrades

In accordance with the 1996 Capital Investments Plan, it was proposed to upgrade the existing Dover Downs Sanitary Sewage Pumping Station. The existing station is showing signs of wear due to age and deterioration of the mechanical and structural elements of the building. Staff received proposals from 15 engineering firms who wished to provide design services for the contract. The proposals were short listed to four firms for interviews. Following the interviews, Cabe Associates, Inc. was selected and asked to submit a price proposal for the work. Negotiations have led to an agreement in the amount of $43,000 to complete design services from fact finding to bid phase. Funds for the work are provided in the Impact Fee Reserve Account. City staff recommended awarding the design contract to Cabe Associates, Inc. for the Dover Downs Pump Station Upgrades in the amount of $43,000.

Mr. O'Connor stated that Cabe Associates has performed extensive work for the County's system which should save some time and money since they have already performed similar work.

Responding to a question by Mr. Fenimore as to why the competitive bidding process was not used, Mr. O'Connor stated that State law prohibits competitive bidding for professional services and that the selection must be based upon qualifications and then costs may be considered. Mr. Fenimore suggested that the City Manager explore professional service contract alternatives with other contract administrators.

The committee recommended the award of the design contract to Cabe Associates, Inc. for the Dover Downs Pump Station Upgrades in the amount of $43,000.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.

Acceptance of Dedication of Rights-of-Way and Utilities - Fox Hall West Addition - Phase I

The developer of Fox Hall West Addition has requested that the streets and utilities in Phase I be accepted for maintenance and ownership by the City (includes Pebble Valley Drive from Station 0+00 to Station 7+40 and Sweetgum Drive from Station 0+00 to Station 2+69 as depicted on the construction plans). After construction was completed, City staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards and specifications. That work has now been completed. A one year maintenance agreement and bond, a release of liabilities and the as-built drawings for Phase I have all been submitted.

City staff recommended the acceptance of dedication of rights-of-way and utilities in Fox Hall West Addition - Phase I.

The committee recommended the acceptance of dedication of rights-of-way and utilities in Fox Hall West Addition - Phase I.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.

Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Fenimore and unanimously carried.

APPOINTMENT OF AD-HOC TRANSPORTATION COMMITTEE

Council President Christiansen requested authorization of City Council to appoint an Ad-Hoc Transportation Committee that would assist the City with transportation issues that are very important to the City of Dover. President Christiansen stated that this recommendation has come to him from a member of City Council and he feels that it is a very worthwhile recommendation.

Responding to questions by Mr. Salters, President Christiansen stated that the committee would review issues before the Kent County MPO, as well as other transportation ideas that may not have yet been addressed. He suggested that this committee operate in a similar mode as that of the Communications Committee which is a sub-committee of the Utility Committee. The Transportation Committee would also be a sub-committee of the Utility Committee. Although the establishment of the committee is the recommendation of Councilman Lambert, President Christiansen stated that the idea started when the City corresponded with the Kent County MPO regarding transportation issues within the City limits.

Mr. Leary asked how many members would serve on the committee and if it would consist of members from the community or only members of Council. President Christiansen suggested that the committee consist of five voting members, with a mix of elected officials and community members. He suggested that the committee consist of two civilians, Councilmen Fenimore and Lambert and Mayor Hutchison. The City Manager and City Planner would be non-voting members and would serve as support staff to the committee members.

Mrs. Malone moved to authorize the appointment of an Ad-Hoc Transportation Committee, to consist of five voting members, as recommended by Council President Christiansen. The motion was seconded by Mr. Lambert.

Asked by Mr. Leary if this committee would duplicate the services of the Kent County MPO, President Christiansen stated his feeling that it would not. Mr. Lambert stated that there are many current transportation issues (such as Scarborough Road, western Dover By-Pass and Route #8 Interchange) that he feels requires more detailed review than what will be given by the Kent County MPO. It is felt that this committee could assist the City in working with the Kent County MPO on special interest issues of the City of Dover.

Noting that our City Manager, Jim O'Connor, is the Chairman of the Kent County MPO, Mr. Pitts asked if having the City Manager serve on this new committee would conflict with his MPO position. Mr. O'Connor stated that he feels that this new committee could actually serve to support him in his capacity on the Kent County MPO.

Mrs. Malone voiced her support for the committee, stating that it will provide a specific watchdog group looking out for the transportation needs of our City. Members of Council, as well as our citizens, can refer transportation concerns to members of the committee for their review and consideration.

Mr. Fenimore stated that this committee would have no authority to act on its own or to make independent decisions. They will make recommendations to the Utility Committee who will then make a recommendation to the full Council. He stated that if it is determined at a later date that the committee is not working properly to the benefit of the City, then he will be the first person to recommend it be dismantled and another alternative pursued.

Mr. Hare called for the question on the motion. The motion to authorize the appointment of an Ad-Hoc Transportation Committee, to consist of five voting members, as recommended by Council President Christiansen was unanimously approved.

APPOINTMENT OF CDBG REVIEW COMMITTEE

Council President Christiansen requested the creation of a CDBG Review Committee to advise City staff on Community Development Planning and advise City Council on CDBG applications. He recommended the appointment of Councilman Pitts, Councilman Salters, Councilwoman Malone, Mr. Javan Davis, Dr. Wilma Mishoe, Mrs. Ann Horsey and City Manager, Jim O'Connor to serve as members of the new committee.

Mr. Fenimore moved for approval of the committee and the recommended members, seconded by Mr. Lambert and unanimously carried.

MONTHLY REPORTS - OCTOBER 1996

By motion of Mr. Salters, seconded by Mrs. Malone, the following monthly reports were accepted:

          Chief of Police Report

Planning and Inspections Report

City Assessor Report

City Clerk/Alderman Report (Fines)

          City Manager's Report

          Mayor's Report

General Fund, Cash Receipts & Budget Report

Water/Sewer Fund, Revenue & Budget Report

Electric Revenue Fund, Revenue & Budget Report

          Improvement and Extension Fund, Cash Receipts & Budget Report

          Internal Service Fund, Revenue & Budget Report

FIRST READING - PROPOSED ORDINANCES

Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of December 17, 1996.

Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mrs. Malone and unanimously carried:

          Article V, Wastewater Collection Impact Fees

             -       Section 22-257 - Establishment of equivalent dwelling units

             -       Section 22-258 - Wastewater collection impact fee established; payment, credits

Mrs. Malone moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Leary and unanimously carried.

Meeting Adjourned at 8:10 P.M.

 

                                                                       DEBRAH J. BOAMAN

                                                                       CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of November 25, 1996, are hereby approved.

                                                                       JAMES L. HUTCHISON

                                                                       MAYOR

/DJB