REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 25, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Rabbi Goldblum, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of an executive session to discuss personnel matters.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 11, 1990
The Minutes of the Regular Council Meeting of June 11, 1990 were unanimously approved by motion of Mr. Hall, seconded by Mr. Salters and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 18, 1990
The Minutes of the Special Council Meeting of June 18, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Daisey and bore the written approval of Mayor Richter.
RESOLUTION - SHERMAN L. TOWNSEND
By motion of Mr. Lynn, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, Sherman L. Townsend has served on the City of Dover Legislative and Finance Committee, as a civilian member, from May 24, 1982 to May 14, 1990; and
WHEREAS, Mr. Townsend's knowledge in the field of finance has benefitted the other members of the committee and all the citizens of the City of Dover as he freely shared his expertise through the many financial intricacies and complexities our City has seen during his eight years as a member of the committee; and
WHEREAS, not only is Mr. Townsend extraordinarily knowledgeable in the finance world, his vast experience in the area of personnel has greatly served the City of Dover during times of employee negotiations and employment searches; and
WHEREAS, the hundreds of hours and personal sacrifices unselfishly given by Sherman L. Townsend have contributed greatly to the betterment of the City and its residents.
NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Dover express their sincere gratitude to Sherman L. Townsend for the endless contributions made on behalf of the City of Dover, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Sherman L. Townsend.
ADOPTED: JUNE 25, 1990
Mayor Richter and Council President Christiansen presented the Resolution and a Dover Cup to Mr. Townsend, expressing their appreciation for his many years of service to the City of Dover.
Mr. Townsend addressed Council, conveying his appreciation for the time he was able to serve the City and offering his services in the future.
RESOLUTION - JOHN G. ARMISTEAD, III
By motion of Mr. Lynn, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, John C. Armistead served on the Parks and Recreation Committee from September 12, 1988, to May 14, 1990; and
WHEREAS, while serving on this committee, Mr. Armistead was able to share with other members the knowledge and experience gleaned from his four years of involvement in the Silver Lake restoration project by the Silver Lake Commission; and
WHEREAS, John C. Armistead has consistently strived to promote recreational programs and activities in our community, having sacrificed personal time to keep abreast of the issues that concern our citizens in the area of parks and recreation and taking steps to address those concerns.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council express their sincere appreciation to John C. Armistead for the time freely given for the betterment of our community, and as an expression of their gratitude, the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: JUNE 25, 1990
Mayor Richter and Council President Christiansen presented the Resolution and a Dover Cup to Mr. Armistead, expressing their appreciation.
RESOLUTION - JAMES C. HARDCASTLE
By motion of Mr. Lynn, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, James C. Hardcastle served as a civilian member to the Parks and Recreation Committee from June 9, 1986 to May 14, 1990; and
WHEREAS, while serving as a civilian member on this committee, Mr. Hardcastle contributed a tremendous amount of knowledge to his fellow members which he gained during the nine years he chaired the committee while serving on City Council; and
WHEREAS, James C. Hardcastle has taken a special interest in the recreational needs of our citizens, helping the City of Dover to realize that recreation is important for both young and old; and
WHEREAS, very rarely is a community blessed with the type of volunteer that consistently donates their time and expertise to the functions of the community, and who willingly makes personal sacrifices for the betterment of the City and its citizens as James C. Hardcastle has done for the City of Dover.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover highly commend James C. Hardcastle for his untiring devotion to the City of Dover, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation.
ADOPTED: June 25, 1990
Mayor Richter and Council President Christiansen presented the Resolution and a Dover Cup to Mr. Hardcastle, expressing their appreciation.
Mr. Hardcastle thanked members of Council for the opportunity to work with the City of Dover. He enlightened members of Council on the history of the Parks and Recreation Committee, stating that former Mayor Woodford named members of the first recreation council to work with the YMCA and YWCA. This council was named in 1946 and Mr. Hardcastle was one of the original members.
RESOLUTION - WENDELL E. SCHENCK
By motion of Mr. VanSant, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, Wendell E. Schenck has been a faithful employee of the City of Dover since July 10, 1962, having served as the City Hall custodian since 1974, and after 28 years of service he has chosen to retire; and
WHEREAS, during his years of service, Mr. Schenck has won the hearts of City Hall personnel and visitors, always having a friendly word for everyone and consistently happy to perform a favor for anyone; and
WHEREAS, the performance of his duties and his working relationships have always been characterized by an obvious dedication to his responsibilities and to the City of Dover; and
WHEREAS, his quick wit and sincere desire to please will be sorely missed by his fellow employees, by the Mayor and Council, and by the citizens of Dover.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest gratitude to Wendell E. Schenck for his many years of dedicated service and highly commend him for the manner in which he carried out his duties as a City employee, and wish him a healthy and happy retirement.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of the long and dedicated services of Wendell E. Schenck.
ADOPTED: JUNE 25, 1990
Mayor Richter and Council President Christiansen presented the Resolution and a Dover Cup to Mr. Schenck, expressing their appreciation for his many years of dedicated service.
Mr. Schenck expressed his sincere appreciation to Mayor and Council and City staff for their assistance and friendship during his years of employment with the City of Dover.
RESOLUTION - ROUTE #13 RELIEF ROUTE
By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, the Delaware Department of Transportation has made an application to the U.S. Army Corps of Engineers for a project which involved the construction of 25.6 miles of new highway referred to as the Route 13 Relief Route; and
WHEREAS, the Corps of Engineers is soliciting comments from the public, federal, state and local agencies and officials in order to consider and evaluate the impacts of this proposed activity; and
WHEREAS, through the development and review of a draft and final environmental impact statement, the Delaware Department of Transportation has addressed measures to avoid and minimize adverse environmental impacts of the proposed project and the decision to issue a permit will be based on an evaluation of the activity's probable impact, including its cumulative impacts on the public interest; and
WHEREAS, The City of Dover, through the development and adoption of its 1986 Comprehensive Plan, identified the problem of traffic congestion and the impedance of north-south through traffic traveling on Routes 13 and 113 in the City, and proposed a complete and coordinated road system which would facilitate the safe, convenient and efficient movement of people and goods through the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
In support of the Delaware Department of Transportation's stated purpose of the proposed U.S. Route 13 Relief Route, to relieve existing and projected traffic capaciously and safety deficiencies along the Route 13 corridor in Northern and Central Delaware, the City of Dover endorses the planning and construction of the U.S. Route 13 Relief Route and finds it to be consistent with the goals and objectives of the City's Comprehensive Plan and believes its construction to be in the interest of the public.
ADOPTED: June 25, 1990
PUBLIC HEARING - PROPOSED TEXT AMENDMENT - ARTICLE 5, SECTIONS 8.53 & 8.54
A public hearing was advertised to consider adoption of a text amendment, to Article 5, Sections 8.53 and 8.54.
Noting that a revised copy of the draft ordinance was submitted, Mr. VanSant questioned the validity of the hearing since the original version was advertised for public hearing. The City Solicitor stated that the full ordinance was not advertised. A notice of a public hearing to consider the text amendment was published in a local newspaper, Mr. Rodriguez stated, however, that if Council was uncomfortable with taking action on the revised contents, they could hold the hearing and table action until they have an opportunity to fully consider the revised ordinance.
City Planner Cregar explained that Council adopted a resolution requesting the Planning Commission's review of the City's noise ordinance. The current ordinance dates back to 1961 and references the 1953 American Standards Association Specifications for the analysis of noise and other sounds. The Planning Commission reviewed the current standards and recommended an amendment that would delete the existing section and add new sections (3.53 and 8.54) that would provide for the adoption of the noise regulations of the State of Delaware. The revised sections would be more current and provide the City with a noise ordinance compatible and consistent with other sections of the City's performance standards. In making this recommendation, the Planning Commission considered the existing performance standards and judged the amendment to be consistent with other sections. Mr. Cregar reviewed, in detail, federal and state regulations and standards which recognize the concerns of citizens for noise control.
Mr. Cregar stated that the revised text amendment incorporates the State's noise regulations and was revised to address citizen concerns that were brought to his attention. The Planning staff has met extensively with representatives of the Mayfair/Crossgates/Wedgwood/Mayfair II Civic Association and revised the ordinance in an attempt to address their concerns.
Council President Christiansen declared the hearing open.
Mr. Michael Theriault, engineer with Stone & Webster Engineering Corporation in the Noise Control/Engineering Department, explained that the City of Dover's noise code is specified in octave band levels. Currently there is no commercial instrumentation that is capable of measuring in these bands, which are now referred to as "old frequency bands". New frequency bands, developed by the American National Standards Institute, are used today and are measured by commercial meters. Mr. Theriault stated that language in the Code is very difficult to interpret, and it is very difficult to measure the octave band levels. The State standards provide for an easily measured quantity with today's commercial meters.
Mr. Robert French, Program Administrator for the Air Resources Section of the DNREC, addressed Council on the text amendment. Prior to his remarks on this subject, he informed Council that the City's permit to construct the combustion turbine is ready to be approved. However, approval cannot be issued until they receive adequate proof of zoning. Since the noise ordinance variance is a subject of appeal, the permit cannot be issued until the matter is resolved.
Mr. French offered the following remarks:
"It is my understanding that Council is considering adopting the State of Delaware noise regulation. My remarks this evening are intended neither to support nor discourage such action, but rather to provide the City with my opinion of some of the limitations of the State Regulation and a brief comparison with the City's noise ordinance.
The State of Delaware has a noise statute, 7 DEL. C., Chapter 71, enacted in 1976, amended in 1982 and currently in effect. The Department has a valid noise regulation, but not an active noise control program. Therefore, I emphasize that these comments are my personal view and not necessarily those of the Department. They are based on my experience with the State Noise Control Program in the early 1980's.
As a general overview comment, it must be recognized that the regulation of noise is a technical subject with an esoteric language all its own and, therefore, requires technical expertise for professional implementation. I am pleased to note that the City has retained a competent noise consultant to assist in the technical evaluation of this issue.
The City ordinance and the State regulation are not readily comparable for two primary reasons: 1) the City's standards are on a frequency basis, the State standards are in terms of energy equivalent sound levels, and 2) the City specifies maximum noise levels allowed to be emitted at a property line, the State specifies acceptable "average" noise levels at receptor locations. By way of example, assuming all sound levels are dBA, the City allows a maximum emission of 60 nighttime/70 daytime (at 30-300 Hz) but the State allows exposures of 75 and 85 in commercial and industrial areas respectively. However, this same emission allowed near a residential area under the City code could cause an exceedance of the State's 55 nighttime/65 daytime exposure limits for such areas.
It is my understanding that the proposed combustion turbine will cause a noise level at its property line in excess of the level allowed by the City ordinance. This section of the State regulation allows levels of noise in the adjacent industrial area higher than those allowed to be emitted under the City code. This section of the regulation would allow the level of turbine noise projected at the property line.
This section of the State standard setting acceptable noise levels in industrial and commercial areas is clear, but the remainder of the section relating to noise levels in residential areas is not that clear.
A leq (24) is specified, but the time periods for Receptor A are less than 24 hours. This is a conflicting standard which could be improved by omitting "(24)" in the title and labeling Receptors C and B as Leq (24), Receptor A Leq (15) and Leq (9). Regardless of the interpretation of this section, noise levels in residential areas caused by the turbine should be well below the standard. It should be noted that the standards are applicable at the "point of complaint origination" rather than at the boundaries of zoned properties and that they anticipate a complaint to initiate an action.
The subsequent section in the regulation limits the increase in the noise level in a receptor area to 10 dBA above the ambient noise level--the level of noise which persists in the area without the contribution from the source. The turbine data indicate that within the Scott Paper Company property, this noise level would increase by more than 10 dBA as a result of the turbine operation.
This standard also is applicable at "the point of complaint origination", meaning that the standard comes into play only if there is a verifiable complaint. Thus it would seem that unless Scott Paper Company complained there could be no potential violation of either the receptor standard or the noise disturbance standard and then only if the complaint were substantiated. This is subject to some interpretation because the regulation specifies no criteria such as the period of time or other factors to consider in measuring either the ambient noise level or the disturbing noise level. I cannot speak for Scott Paper Company, but I would only note that this potential exists in an open area at the far end of its property which is buffered by a line of trees and at some distance front the plant operations area.
These and other provisions as they presently exist, seem to limit the effectiveness and enforceability of the regulation. The Delaware statute makes the Delaware regulation applicable throughout the State unless a local ordinance is more stringent. As I have noted, it is difficult to make this conclusion with the City of Dover ordinance.
The ordinance which Council adopts will be the standard used for the evaluation of differing noise situations throughout the City and such, must include provisions which are technically sound and clearly enumerated. Because of the limitations just described, I would urge the City Council to authorize a competent technical evaluation of the State regulation as part of your consideration of a noise ordinance appropriate for the City of Dover."
Mr. Robert Lambert, President of the Mayfair/Crossgates/Wedgwood/Mayfair II Civic Association, thanked Mr. Cregar and the Planning staff for the time spent with him in reviewing the proposed text amendment. Mr. Lambert stated that the members of his association support the City's desire to update the Noise Code, but they will not support any regulation that is not at least as restrictive as the one currently used. In reviewing the State's regulations, many concerns were raised which City staff has attempted to address by revising the City's proposed text amendment. Prior to going on record as supporting it, however, he requested an opportunity for his committee to review the revised draft. Mr. Lambert expressed concern with a statement made earlier that the proposed text amendment allows a higher level than the City's existing ordinance requirements, which equates to 50 dBA. He will address this issue with his committee.
Eugene Ruane, Vice-President of the Mayfair/Crossgates/Wedgwood/Mayfair II Civic Association, reviewed with Council other questions that have been raised by the Association. He questioned the ability of the City to enforce the noise ordinance, stating that the Inspections Department is only open from 8:30 a.m. to 5:00 P.M., noting that most noise nuisances occur late at night and early in the morning. He stated that some regulations already in affect conflict with the new text amendment; (i.e. night hours in current Code are defined as 11:00 p.m. to 7:00 a.m. and in the proposed text hours as 10:00 p.m. to 7:00 a.m. ) Mr. Ruane suggested that the current Code and proposed text amendment be reviewed for consistency. Regarding the plan to bring the City's text in line with the State regulations, Mr. Ruane asked if the City would automatically amend its Code if the State regulations are amended, and if so, if the decisions would be Made by City Council or by the State. The Association also questioned the penalty involved In enforcement of the noise ordinances. Mr. Ruane suggested that further review of this ordinance is necessary prior to its adoption.
Mr. Richard Schrenker of 221 Winterberry Drive stated that the proposed text amendment is full of holes. He asked who will make the decision in cases where variances are requested. He objected to a proposal of allowing this type of decision to be made by a single person (the Building Inspector).
Justice Henry Horsey requested that a letter from his attorney be made a part of the record. He also voiced objections to revisions being made to the text amendment after its advertisement.
The City Clerk reported that two pieces of correspondence were received. A letter was received from the Mayfair/Crossgates/Wedgwood/Mayfair II Civic Association, expressing their concerns (as outlined by Mr. Robert Lambert and Mr. Eugene Ruane during the public hearing). A letter was received from attorneys representing Eden Hill Farms, stating their feeling that the passage of the text amendment is designed solely to eliminate the need for a noise variance for the City's combustion turbine. The attorneys outlined in the letter (on file in the City Clerk's Office) many areas of concern with adoption of the proposed text amendment.
Council President Christiansen declared the hearing closed.
Mr. Weyandt moved that action on the proposed text amendment to Article 5, Sections 8.53 and 8.54 be tabled, seconded by Mr. Daisey and unanimously carried.
If amendments are made to the proposed text amendment, Mr. Lynn requested that the public be assured of further public input prior to action by Council.
PUBLIC HEARING - ELECTRIC REVENUE FUND BUDGET
A public hearing, on the Electric Revenue Fund budget is required for compliance with Section 505 of the 1985 Electric Revenue (Refunding) Bonds Resolution. Section 505 of the resolution requires that the City will hold a public hearing prior to adoption of the budget. An appropriate notice of the public hearing was published in the Delaware State News.
Council President Christiansen declared the hearing open.
Mr. Eugene Ruane of 122 Shadow Court addressed Council, stating that the total budget for the Improvement and Extension Fund is 3.8 million dollars. Out of that, there is $800,000 shown for a 50-75 megawatt generator, with additional purchases budgeted in later years. It appears that the site for the generators is the Shutte Farm. Mr. Ruane reminded members of Council that the Mayfair/Crossgates/Wedgwood/Mayfair II Civic Association has gone on record as reaffirming their position of concern of noise control for the turbine. They wish to go on record as requesting that the City of Dover set the example for controlling noise pollution by purchasing the best available technology for sound suppression. He requested that Council require the manufacturers to provide cost information on a sound suppression option so that an intelligent decision can be made on its value and worth and that monies be budgeted for the purchase of such an option.
Council President Christiansen declared the hearing closed.
ADOPTION OF BUDGETS
Mr. Weyandt moved for approval of the General Funds, the Intergovernmental Funds, the Water/Sewer Funds and other miscellaneous funds, seconded by Mr. Lynn. By a unanimous roll call vote, Council adopted the following budgets:
GENERAL FUND
CASH RECEIPTS AND BUDGET FOR 1990-91
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Eleven Million, Ninety-Fight Thousand, Eight Hundred Thirty-Six Dollars ($11,098,836) 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, 1990 and ending June 30, 1991:
Cash Receipts
Items
Beginning Balance $596,147
Paramedic Fees 119,600
Fines and Police Revenue 374,250
Franchise Fees 134,819
Interest Earnings 311,505
Library Revenues 37,289
Licenses and Permits Fees 828,420
Miscellaneous Service Charges 53,400
Police Extra Duty Fees 73,224
Property Taxes 4,252,303
Recreation Revenue 57,500
Senior Surrey Fees 19,000
Grants:
Ambulance Related 3,650
Municipal Street Aid 398,729
Recreation Related 4,000
Transportation 136,581
Police Related 185,845
Transfer Tax 613,750
Trash Fees 22,133
Transfer from Electric 2,801,691
Transfer from Water/Sewer 75,000
Total $11,098,836
GENERAL FUND
CASH RECEIPTS AND BUDGET FOR 1990-91
Budget Summary
Department
Tax Assessor $115,337
Fire 296,913
Community Service - Admin. 112,427
Library 534,528
Paramedic 429,118
Recreation 265,406
Fire Marshal 42,441
Health Inspection 31,414
Planning Commission 13,010
Public Inspections 330,076
Police
Police Other 484,695
Police Civilian 402,425
Police Law Enforcement 3,449,236
Police Extra Duty 64,029
Streets 1,075,306
Sanitation 1,020,869
Senior Surrey