Mayor Margo G. Bailey called the meeting to order at 7:30 p.m. In attendance were Councilmembers Harrison C. Bristoll, Jr., Thomas A. Gross, Sr. and Mabel Mumford-Pautz, Medford Capel, Utilities Commission Manager, W. S. Ingersoll, Town Manager, Joan Merryman, Stenographer, and guests.

Mayor Bailey asked if there were any additions or corrections to the minutes of the previous meeting. Mrs. Mumford-Pautz moved that the minutes of the Utilities Meeting of February 17, 1997 be approved as presented, was seconded by Mr. Gross and carried unanimously.

Mayor Bailey announced that the Utilities Commission has cash on hand and in banks as of March 17, 1997 of $304,246.85.

Mayor Bailey called on Mr. Capel for his report. Mr. Capel showed pictures of small fish that were taken out of the #2 lagoon pond. He said that shows that the pond has oxygen in it and the aeration system was doing a good job.

Mr. Capel stated that the Utilities Commission has two vans that are old and in bad shape. He said one was an 1984 and the other a 1988. He said there was a van available at Gambacorta which he would like to get on this year's budget. He said it was a 1997 van with everything they need including the bins. He said the list price was over $21,000 and they want $18,973.40 and will allow a $1000 trade-in for the 1984 van. The final price would be $17,973.40. Mayor Bailey said this would be fine. This had not been budgeted but money has been saved this year by being down two employees. She said we can discuss another van when the budget is prepared for the coming year. Mrs. Mumford moved that the van be purchased as stated, was seconded by Mr. Bristoll and carried unanimously.

Mr. Capel said that the first item he would recommend on the water improvements would be the replacement of the aeration trays. He said he felt that should be included in the next budget. He distributed pictures of the aerators showing their condition. He said that the engineers estimate for replacing the aerators had been $150,000 with a 20% contingency. He said they submitted another estimate of $112,750 with a 10% contingency for two aerators, each having a capacity of 1800 gallons per minute. He said the piping has to be changed as these aerators are higher than the existing ones and the concrete containers around them have to be repaired. Mayor Bailey said as the budget work is done for the coming year, this item would be factored in. Mr. Bristoll asked whether O'Brien and Gere would provide specifications so this can be put out to bid, and if fact it may be less than $112,000. Mr. Capel said that was correct. Mr. Capel said the engineers would like to meet with the Mayor and Council on Monday, March 31 at 10 a.m. to go over the plans. If anyone cannot make that meeting, please let Mayor Bailey know.

Mr. Capel reported that the pump on the last well put in had gone bad but has been replaced and was under warranty.

Mayor Bailey asked if there were any questions of Mr. Capel. There being none, Mayor Bailey said there were a couple of matters to be addressed. She introduced the Town Attorney, Mr. Stewart Barroll. She said the first issue he studied was the request from Charles Sommers for water and sewer to his property in Town. Mr. Barroll said he had talked with Mr. Drummond, Mr. Sommers' attorney, regarding the proposed utilities easement agreement. He said that the utilities agreement between Mr. Sommers and Wal-Mart as worded now could be signed one day and amended the next as long as it was done in writing and signed by both parties. He said Mr. Drummond will talk to both parties to see that additional information is be put in and then the agreement will be submitted to the Town. The Town then will determine whether the agreement safeguards the Town from potential claims against it in the future. He also stated that the Town should also sign the agreement.

Mayor Bailey said the second matter was the request from the Kent County Commissioners for water and sewer to the Wartsila building. She said we are well aware that the County has problems and would like to move their roads department and that they need a place for the public works department. She said the Town would like to accommodate them and work with the County. She said there are a number of issues that all would like to solve satisfactorily. She said the Town was very concerned about keeping the downtown strong giving people a sense of community. She said she had conversations with Mr. Fithian to make them aware of our concerns about keeping government downtown and that we are in no breakneck hurry to get things done in a careless manner. She said Mr. Barroll had a written legal opinion concerning the extension of utility lines to the Wartsila building. Mayor Bailey read the opinion, which was attached to these minutes. Mr. Barroll's letter stated that the extension of the service lines was within the Town's authority and would be lawful, but the Town has no legal obligation to do so. He said further that the only instances where the Town has provided water/sewer lines outside of Town limits had been through limited and special contracts with other government entities and that providing the service to the Wartsila property would also be a special and limited contract, therefore, the Town would not be classified as a public service company. She said we will wait for further developments from the County Commissioners. Mayor Bailey asked if there were any questions. There were none.

Mayor Bailey asked the Council to review the bills. Mr. Gross moved that the bills be paid as presented, was seconded by Mr. Bristoll and carried unanimously.

Mrs. Mumford-Pautz moved that the meeting be adjourned at 7:57 p.m., was seconded by Mr. Gross and carried unanimously.

Submitted by:

Joan Merryman

Stenographer

Approved by:

Margo G. Bailey

Mayor

RETURN to 1998 Minutes