COUNCIL COMMITTEES

The Council Committees Meeting was held on April 23, 1996, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts (left immediately following the adjournment of the Safety Advisory Committee), Mrs. Malone, Mr. Fenimore, Mr. Salters, Mr. Hare and Mayor Hutchison.

AGENDA ADDITIONS/DELETIONS

At the request of the Chairmen, Council President Christiansen suggested that the agenda be amended, allowing the committees to convene as follows: Utility, Safety Advisory and Legislative and Finance Committees.

UTILITY COMMITTEE

The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Tudor, Mr. Carey and Mr. Kramedas.

McKee Run 12KV Breaker Replacement of Dover Mall 1 and 2 and Woodcrest Feeders

The replacement of 12KV oil breakers at various substations has been an ongoing project. Several of the obsolete breakers have failed and parts cannot be bought because of the age of the equipment. To prevent further failure and large outages, a program was started to replace these breakers. Staff solicited bids for three (3) ABB Type "V" vacuum breakers. The only bid received was from Wesco Utility of Richmond, Virginia, in the amount of $30,449 for each breaker, for a total cost of $91,347. It was noted that Wesco Utility of Richmond, Virginia, is the sole distributor for ABB in this geographical area. Staff recommended that a purchase order be issued to Wesco Utility for a total amount of $91,347.

Noting that staff has indicated that there may be a need to order additional breakers in the near future, Mr. Kramedas stated that several vendors provide discount pricing when ordering in bulk. He suggested that staff investigate the possibility of placing bulk orders for these breakers in an attempt to take advantage of discount pricing.

Responding, Mr. O'Connor explained that the purchase of these breakers is accomplished as funds become available. He advised members that staff has devised a master plan that indicates which breakers are scheduled for replacement. Since the breakers are quite expensive, it would be impossible to purchase additional breakers beyond those that are earmarked for replacement during this year. Mr. O'Connor also indicated that it is not the City's policy to allow expensive equipment to remain stored at the warehouse.

Mr. Carey moved to recommend that a purchase order be issued to Wesco Utility, Richmond, Virginia, in the amount of $91,347, as recommended by staff. The motion was seconded by Mr. Tudor and unanimously carried.

Evaluation of Bids - Residential Waste Containers

The current supplier of residential waste containers for the City is no longer producing the containers supplied to the City under previous contracts; therefore, it was necessary for staff to solicit bids for the purchase of residential waste containers. Three (3) bids were received, as follows:

                                                                                      Amount Per Container Delivered

            THC Enterprises, Inc. - Easton, MD                          $44.68

            Toter, Inc. - Statesville, NC                                                    $46.60

            Rotonics Manufacturing, Inc. - Bensonville, IL                     $54.85

Upon review of the specifications and the containers to be supplied, staff recommended the purchase of the 96-Gallon HD EVR Automated Cart from Toter, Inc. The low bid submitted by THC Enterprises, Inc., listed several exceptions to the bid specifications and, therefore, did not meet the City's standards and specifications as written and should be considered non-responsive. Staff recommended that the bid be awarded to Toter, Inc., for the supply of residential waste containers at a cost of $46.60 per container and that a purchase order be issued in the amount of $26,841.60 for each delivery of 576 containers.

Mr. Pitts moved to recommend approval of staff's recommendation, seconded by Mr. Kramedas and unanimously carried.

Mr. Carey moved for adjournment, seconded by Mr. Tudor and unanimously carried.

Meeting Adjourned at 7:21 P.M.

SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilmen Fenimore and Pitts and Mr. Wolfe. Mr. Coleman was absent.

Federal Regulations of the Occupational Safety and Health Act - Imposition of Regulations on State and Local Governments (Mr. Fenimore)

Mr. Fenimore presented members with a draft letter to Senators Biden and Roth requesting their support in opposing a proposed amendment to S. 1423 that would impose the federal regulations of the Occupations Safety and Health Act (OSHA) on state and local governments.

Mr. Fenimore indicated that state and local governments currently provide safe working environments either through the voluntary adoption of appropriate OSHA standards or other safety programs that have been designed to provide the most efficient methods to enhance safe working environments and safety practices. He stated his feeling that any act or amendment to mandate the imposition of federal OSHA regulations on state and local governments would be unnecessary and would produce bureaucratic authority over health and safety issues. Mr. Fenimore stated that not only would the proposed amendment be in violation of and contrary to the spirit of the Unfunded Mandates Reform Act of 1995, but that it would attempt to impose "big" government on local government. He noted that state and local governments have been experiencing an increased strain on their budgets and resources, and that the proposed amendment would place an additional burden. Mr. Fenimore stated that the imposition of this proposed unfunded mandate on our City is unwarranted and requested members to authorize the proposed letter to be signed by the Mayor and Council President and sent to our United States Senators as soon as possible to ensure that they have this information before the legislation is acted on.

Concurring, Mr. Tudor advised members that OSHA is no longer receiving federal funds, and therefore, are attempting to become financially independent by issuing fines. He also stated that there is no appeal process provided for fines imposed by OSHA.

Mr. O'Connor noted that, because of the City's high safety standards and practices, the City pays below average in workman compensation claims.

Mr. Fenimore moved to recommend that on behalf of the City of Dover, the Mayor and Council President be authorized to sign the letter to Senators Biden and Roth. The motion was seconded by Mr. Wolfe and unanimously carried. Due to time constraints, Mr. Christiansen requested a consensus from Council to immediately move forward with this matter. There were no objections to this request.

Mr. Pitts moved for adjournment, seconded by Mr. Fenimore and unanimously carried.

Meeting Adjourned at 7:28 P.M.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Hare, Mr. Schaefer and Mr. Washington.

Budget Revisions

In June of each year, City Council approves the budgets for the following fiscal year. During the fiscal year, the City revises its budgets in order to meet the changing needs of the City's operations. The Finance Director/Treasurer submitted proposed budget revisions, including an explanation of the major revisions. Staff recommended adoption of the proposed budget revisions.

Mr. Washington noted that the proposed budget revisions include an additional $2,000,000 in the future capacity fund. Responding, Mr. O'Connor stated that these funds are budgeted for fuel or energy purchases. Although the City will no longer need to purchase fuel for at least the next five years for the operation of the Electric Department, it may be necessary to purchase energy from Duke Louis Dreyfus.

Mr. Hare moved to recommend approval of the budget revisions (Attachment #1) as presented. The motion was seconded by Mr. Leary and unanimously carried.

AS400 Upgrade

The current computer applications and related data which the City is using on the AS/400 have consumed all useable disk space and slowed response time which at times is more than 15 seconds. Since the City plans to use the AS/400 as the main platform for additional support functions, staff solicited bids for an upgrade to the AS/400 computer, to include hardware upgrades and installation support services based on dialog with IBM. The upgrade will more than double useable memory, disk space, and processor speed. There are three parts included in the upgrade: hardware, software, and services, which can be contracted separately. The following responses to the request for bids were received:

             Automated Counselors Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . $75,996 - required clarification

             Datamarc Computer Sales, Inc.. . . . . . . . . . . . . . . . . .$77,324 - was disqualified due to their

contractual relationship with IBM

             Energy Conservation Specialists, Inc.. . . . . . . .Sent letter indicating they did not care to bid

             IBM Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .No Bid

             Nationwide Value Computer, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .No Response

             Paragon Computer Associates LLC. . . . . . . . . . . . . . . . . . . .$91,148 - required clarification

             Quinn Data Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Response

As a result of the responses, clarification of bids was received from Automated Counselors Inc. and Paragon Computer Associates LLC, as follows:

                                                List Price                                 ACI                          Paragon

            IBM Hardware            $82,176                                  $70,486                       $70,609

            Opt 64 meg                  5,440                                    4,483                         4,841

            IBM Software  9,530                                    8,521                         8,580

            LAN Software             1,959                                    1,959                         1,959

            H/W Credit                  -0-                          (3,000)                       (3,000)

            Services                       n/a                                    $ 8,901                        $10,000

               Totals                                                                        $91,350                       $92,989

Subsequent to their response to the RFP, ACI agreed to honor an option in the City's existing five year software contract in which ACI offers to buy associated hardware at 3% over cost. Since the ACI RFP response had hardware at a higher markup, the price came down an additional $5,113. Staff recommended to split the purchase and utilize the ACI software contract provision, as follows:

            Vendor                         Item                                 Price

            ACI                             IBM Hardware                       $66,856 (includes opt 64 meg and $3,000 credit)

            ACI                             IBM Software             $ 8,521

            Paragon                       LAN Software                        $ 1,959

            Paragon                       Services                                  $10,000

            TOTAL                                                                      $87,336

The recommendation includes contracting with Paragon, which is based in Salisbury, Maryland, for the installation and all RFP services since they would be more flexible in responding to our needs. It was felt that there would be less money spent for time on the road and allow for more money to go toward actual services to the City.

Mr. Salters moved to recommend approval of staff's recommendation, seconded by Mr. Hare and unanimously carried.

Indicating his strong support for the AS/400 upgrade, Mayor Hutchison stated that it is his feeling that the weakest part of the entire City operation is the lack of computerization. As we enter the twenty-first century, he urged members of Council to continue to support the Information Services Director in his quest to bring the City's computerization up-to-date.

Collection of Outstanding Bills from State Income Tax Refunds

In considering the quarterly write off of uncollectible electric bills during the committee meeting of January 22, 1996, there was general discussion on alternative ways of eliminating uncollectible bills. At the request of Mrs. Malone, staff looked into the legality of the City taking possession of state income tax returns for those individuals with uncollectible bills due to the City of Dover. Mr. Mike Karia, Finance Director, reported that the current law allows such collections for State agencies. The concept of collecting outstanding utility bills and fines encompasses all Delaware cities, towns and counties.

Mr. Karia advised members that approximately four years ago, the City of Wilmington initiated the discussion of collecting outstanding parking fines through the State's Division of Motor Vehicles. It was staff's suggestion that the Delaware League of Local Governments be requested to initiate discussion regarding this concept with all of its members as a joint effort in devising a proposal.

Mr. Hare moved to recommend that this matter be referred back to staff for submission to the Delaware League of Local Governments for further review and recommendation. The motion was seconded by Mr. Leary.

Mr. Salters reminded members that the City currently has an excellent record for collecting outstanding bills. It was his feeling that the proposal would not be advantageous to the City and would only serve as an additional means to harass individuals for small sums of money. He also felt that the proposal would place an additional level of government on our citizens.

Mr. Christiansen relayed his support of the proposal, stating that there are several communities in the State of Delaware that are in dire financial need of collecting the revenues that are due to them. As the Capital of the First State, Dover should lead the way by engaging the legislature to help municipalities collect those outstanding revenues. Mr. Christiansen indicated that it would be unfair to those individuals that pay their bills in a timely manner not to pursue the proposal and allow other individuals that have opted not to fulfill their responsibilities to continue in that matter.

Mr. Washington indicated that he has several reservations regarding the proposal. It was his interpretation from previous discussions that the City was opposed to government imposing any additional regulations upon local citizens. Mr. Washington stated that he is opposed to the City utilizing a State agency for collections of the City's outstanding debts.

Responding to Mr. Washington, Mr. Christiansen stated that the proposal would provide the City with an extra tool that can be used in collecting outstanding obligations due to the City. It was his feeling that the proposal would not add an extra level of government but would allow the City to take advantage of an existing level of government that has already been established to serve.

In response to Mr. Washington's concerns with higher level of government, Mr. Fenimore indicated that he is not supportive of placing additional burdens on citizens. He explained that all municipalities of Delaware derive their power and authority from the sovereign State of Delaware. Municipalities are limited in their abilities to make collections of outstanding obligations. Mr. Fenimore stated that if the proposal comes to fruition, the State of Delaware would be providing municipalities the use of their agency to assist with collections. He stated that it would not add a burden to citizens or allow the City to badger individuals, it would simply add a mechanism for municipalities to collect the debts owed to them. Since the proposal would include all outstanding debts, not only would it assist in collections from individuals but would also assist the City in collecting from Corporations.

It was Mr. Schaefer's opinion that, as servants of the City, it is our obligation to take advantage of any means of collection of outstanding bills.

Mr. Leary stated that the City of Dover currently has a superb collection rate. Noting that the proposal is not an uncommon practice, he felt that the City should take advantage of a procedure that many others already have established. Mr. Leary also felt that the City would be providing a good service to our colleagues in the Delaware League of Local Governments, explaining that the proposal could be a very important solution to some of Delaware's smaller towns with the same or similar collection problem.

On a call for the question by Mr. Washington, the motion to recommend that this matter be referred back to staff for submission to the Delaware League of Local Governments for further review and recommendation, was carried with three (3) voting yes (Mr. Hare, Mr. Leary and Mr. Schaefer) and two (2) voting no (Mr. Salters and Mr. Washington).

Proposed Use - CDBG Funds - FY97

During the Committee Meeting of April 8, 1996, Council President Christiansen appointed an Ad-Hoc Committee, consisting of Councilmen Salters, Pitts, Leary and Fenimore, to work with Mr. O'Connor, Mr. DePrima and Mrs. Daniels, in regards to the distribution of Community Development Block Grant (CDBG) funds.

Members were presented with a proposed resolution for the approval of the CDBG Action Plan which includes the City's request for its $316,000 CDBG Entitlement. This would be the City's third year with this program. Contained in the Action Plan is the proposed use for the funds, along with certain required policy statements and certifications. The proposed funding is as follows:

            Dover Housing Authority

Phase II rehabilitation of the Georgetown Square Rental Apartments for low to moderate income persons

                        Total Funding. . . . . . . . . . . . . . . . . . .$65,000

            Dover Housing Development Corp.

To leverage funds for acquisition and rehabilitation of the Kent Apartments Building for low and moderate income persons

                        Total Funding. . . . . . . . . . . . . . . . . . .$140,400

            City of Dover Police Department - Public Services Phase II

Funds are requested to enhance crime prevention in the target areas through a variety of policing techniques that will be used throughout the program year as determined by the Chief of Police based on the needs of that target block communities

                        Total Funding. . . . . . . . . . . . . . . . . . .$47,400

            Program Administration

Oversight management monitoring and coordination of the CDBG Program

                        Total Funding. . . . . . . . . . . . . . . . . . .$63,200

Mr. Hare moved to recommend adoption of the approving Resolution (Attachment #2) as recommended. The motion was seconded by Mr. Schaefer and unanimously carried.

Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.

Meeting Adjourned at 8:10 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robin R. Christiansen

                                                                                    Council President

RRC/jg