REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 13, 2001 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, and Mr. Ruane. Mr. Speed and Mr. Salters were absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green 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 McGlumphy 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 Reverend Wilbur Bubb, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
At the request of the Interim City Manager, Mr. DePrima, Council President McGlumphy requested the addition of item #1A - Comments regarding the City’s Utility Services and Introduction of New Library Director. He also requested the addition of item #9 - Executive Session for Personnel Matters. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Pitts and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 23, 2001
The Minutes of the Regular Council Meeting of July 23, 2001 were unanimously approved by motion of Mr. Gorman, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
COMMENTS BY CITY MANAGER - CITY UTILITY SERVICES
Mr. DePrima, Interim City Manager, explained the electric outage that occurred on Sunday, August 12th, as well as the low water pressure (no water) situation within the City that occurred this morning, August 13th. At approximately 3:00 p.m. on August 12th, the City experienced an electric outage. At the time, electricity for the City was being totally supplied by Connectiv. The line from the north (the Cheswold line) had a fault which caused an electric interruption. Approximately one hour later, a line supplying the City from the south was also interrupted, causing the entire City to experience an electric outage. At the time of the power interruption, there was no generation of electricity by the City’s power plant. Energy costs at that time were below the costs to generate and therefore, it is normal procedure not to have the plant in operation nor was it dispatched by the system operator. Both lines, north and south, from Connectiv were subsequently inspected and cleared to be brought back on line in sections. Mr. DePrima advised members that there has not been a determination made as to the causes for the initial ground fault on the Connectiv line, nor the cause of the second outage from the south.
Mr. DePrima explained that the electric outages were responsible for the low water pressure that occurred the next morning. The alarm systems that indicate that pressure is decreasing in the water towers were off due to the power outages. Also, the pumps that generate water into the towers were off because of the power outages. Low water pressure became apparent the next morning as people began to use water for showers, etc., at which time, staff immediately began to take action to increase the water pressure by pumping water into the towers.
Responding to Mr. Ruane, Mr. DePrima stated that there is no system currently in place that would provide information to the public about such situations. Although the options to advise the public of a situation is limited in the times of an electrical outage, information could be relayed to the radio stations for those that have battery operated radios. He stated that there are several options available for advising the public of water related concerns such as placing information on the Internet, and by having public announcements made by radio and television stations.
Although staff did an outstanding job in concentrating on “fixing” the problems, it was Mr. Ruane’s feeling that the community relations part of such situations is extremely important, particularly for those that are dependent upon electric, more critical beyond usual usage. He suggested the need to develop a media alert procedure to be followed in such instances in order to keep the public informed of the situation; thereby alleviating their level of anxiety. Noting that there were several phone calls received from the public during these periods of time, Mr. Ruane suggested that staff examine the possibility of some type of voice answering message or other modern equipment/means of informing the public of the situation.
Mr. DePrima agreed to establish a media plan to notify the community regarding certain situations. He explained that a plan could be developed as a short-term solution and that further review would be required in considering telephone and other equipment as a means of disseminating information to the public.
In regards to several questions regarding the City’s capability of producing electricity, Mr. DePrima explained that when the City’s power plant can and cannot go on line is subject to authorization by Connectiv because we are part of the grid. He stated that the City was specifically requested not to go on line for fear that it would disrupt the lines coming in and would make matters worse. The overall grid involves neighboring states and control of who goes on line is controlled by the grid. Mr. DePrima advised members that consideration was given to bringing up the City’s combustion turbine; however, there was concern by Connectiv that it could cause additional damage.
Responding to Mr. Ritter, Mr. DePrima concurred that there are several factors involved in starting a City generator, such as the effect on the other electric utilities on the grid and the fact that it takes approximately 8 hours to bring the power plant up and running. He noted; however, that the combustion turbine would only take approximately 1 to 2 hours to bring on line.
Council President McGlumphy relayed appreciation and commendation to City staff and other citizens that assisted during the outage, with special appreciation to the police officers that directed traffic on Route 13 without the benefit of traffic signals.
INTRODUCTION OF NEW LIBRARY DIRECTOR
Mr. DePrima introduced the new Library Director for the City of Dover, Ms. Sheila Anderson, who comes to the City from Fort Wayne, Indiana. Ms. Anderson thanked members for the opportunity and stated that she looks forward to continuing the excellent services currently provided by the library as well as establishing new services.
PROCLAMATION - NATIONAL TRUCK DRIVER APPRECIATION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, professional truck drivers travel more than 200 billion miles each year, safely delivering 8 billion tons of important goods to every home, community, school, and business in America; and
WHEREAS, professional truck drivers have been honored as being among the safest drivers on our highways and have received numerous awards for extraordinary acts of heroism and bravery for saving fellow motorists from injury and death; and
WHEREAS, America’s professional truck drivers are hard-working men and women who serve the United States with dedication and without fanfare every day.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of August 25 - September 1, 2001 as “National Truck Driver Appreciation Week” in the City of Dover in honor of the more than 3 million men and women in America who deliver our goods by truck for a living and urge the citizens of the City of Dover to join in this salute to truck drivers as they play a vital role in the lives of Americans.
On behalf of the Mayor and members of City Council, Council President McGlumphy presented the Proclamation to representatives of the Delaware Motor Transport Association, Inc., as follows: Mr. Mike LePore, Executive Director; Mr. Bob Grover, Chairman (absent); Mr. Richard Williams, 1st Vice Chairman; and Mr. Jack Taylor, 2nd Vice Chairman. On behalf of the membership, which consists of over 230, Mr. LePore thanked the City of Dover for the recognition.
PUBLIC HEARING - STREET NAME CHANGE - RENAMING OF JASON STREET TO RAYMOND STREET
A public hearing was duly advertised for this time and place to consider the renaming of Jason Street to Raymond Street.
Members were reminded that the Planning Commission and Utility Committee have reviewed the request to rename Jason Street to Raymond Street and recommended approval.
Council President McGlumphy declared the hearing open. There was no one present wishing to speak during the public hearing. Council President McGlumphy declared the hearing closed.
Mr. Ruane moved for approval of the street name change from Jason Street to Raymond Street and to authorize the City Manager to move forward with the implementation of said change. The motion was seconded by Mr. Truitt and carried by a unanimous roll call vote (Mr. Speed and Mr. Salters absent).
PUBLIC HEARING - STREET NAME CHANGE - RENAMING OF WATERS STREET TO JASON STREET
A public hearing was duly advertised for this time and place to consider the renaming of Waters Street to Jason Street.
Members were reminded that the Planning Commission and Utility Committee have reviewed the request to rename Waters Street to Jason Street and recommended approval.
Council President McGlumphy declared the hearing open. There was no one present wishing to speak during the public hearing. Council President McGlumphy declared the hearing closed.
Mr. Pitts moved for approval of the street name change from Waters Street to Jason Street and to authorize the City Manager to move forward with the implementation of said change. The motion was seconded by Mr. Ruane and carried by a unanimous roll call vote (Mr. Speed and Mr. Salters absent).
PUBLIC HEARING/PROPOSED RESOLUTION - ABANDONMENT OF JANES CIRCLE
A public hearing was duly advertised for this time and place to consider abandonment of Janes Circle.
Members were reminded that the Planning Commission and Utility Committee recommended approval of the requested abandonment.
Responding to Mr. Carey, Mr. Petit de Mange stated that since there currently are no utilities in this section of the road or plans for utilities in this section, easements are not required. Mr. DePrima noted that although no easement is required at this time, as a precaution, members could require a utility easement as a stipulation for approving the abandonment.
In response to Mr. Ruane, Mr. Petit de Mange explained that the abandonment stemmed from a variance request considered by the Board of Adjustment for a proposed building addition. It was suggested by the Board of Adjustment that if Janes Circle were abandoned, there would be no need for a variance. It was felt by Mr. Petit de Mange that the easement would not hinder the proposed building addition.
Council President McGlumphy declared the hearing open. There was no one present wishing to speak during the public hearing. Council President McGlumphy declared the hearing closed.
Mr. Carey moved for approval of the request to abandon Janes Circle, stipulating that easements be retained by the City. The motion was seconded by Mr. Ritter and by a unanimous roll call vote (Mr. Speed and Mr. Salters absent), Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN STREET SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following street:
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public street referred to as Janes Circle running east to west, lying on the easterly side of Janes Road, at the southerly end of Janes Road and the street parallel to Horsepond Road, being 50 feet wide and approximately 115 feet in length, comprising 5,750 square feet, more or less.
Section 2. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 3. Since no person has been deprived of property by the vacating and abandoning of the aforesaid street, no compensation is awarded.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid street.
ADOPTED: AUGUST 13, 2001
PUBLIC HEARING/PROPOSED RESOLUTION - APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
Mrs. Mitchell, Finance Director/Treasurer, explained that Robbins Hose Company No. 1 is seeking financing from Mellon Bank for a ladder truck purchase. The Internal Revenue Service Code requires the City of Dover to adopt a Resolution since the Robbins Hose Company provides the City firefighting services, which provides them their tax exempt status and will enable them to obtain the necessary financing.
Concurring with Mr. Ruane, Mrs. Mitchell assured members that the financial obligation is between Robbins Hose Company and Mellon Bank and that the City of Dover is not incurring any financial obligation regarding this matter.
Council President McGlumphy declared the hearing open. There was no one present wishing to speak during the public hearing. Council President McGlumphy declared the hearing closed.
By motion of Mr. Gorman, seconded by Mr. Carey, the following Resolution was adopted by a unanimous roll call vote (Mr. Speed and Mr. Salters absent):
RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the "Company") is a fire company organized and existing under the laws of the State of Delaware; and
WHEREAS, the Company has provided and continues to provide firefighting services to an area within the City of Dover, Delaware (the "City"); and
WHEREAS, the Company has advised the City that the Company proposes to issue up to $500,000 of bonds or notes of the Company (the "Bonds") for the purpose of financing a portion of the costs of a new tractor drawn aerial tiller fire truck, and related equipment thereon for the Company (the "Project”); and
WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 150 of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not qualify for exclusion from gross income of the owners thereof for federal income tax purposes unless the issuance of the Bonds is approved by the applicable elected representative of a governmental unit with which the Company has entered into an agreement, after a public hearing to consider the issuance of the Bonds has been conducted, following reasonable public notice; and
WHEREAS, the City and the Company previously entered into an Agreement (the "Agreement") pursuant to which the Company agreed, among other things, to provide exclusive firefighting services to the City; and
WHEREAS, notice of the requisite public hearing was published in the Delaware State News, a newspaper of general circulation in the City; and
WHEREAS, on August 13, 2001 the City Council of the City of Dover conducted a public hearing on behalf of the Company for the purpose of considering the issuance of the Bonds;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the City of Dover, Delaware, for the sole purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to Section 103 of the Code, does hereby approve the issuance of bonds or notes by the Company in a maximum aggregate principal amount of up to $ 500,000 for the purpose of financing a portion of the costs of the Project, provided, that such bonds or notes shall be an obligation of the Company and shall never be a debt of the City and the City shall not be liable for any payment on such bonds or notes.
ADOPTED: AUGUST 13, 2001
PUBLIC HEARING/FINAL READING - PROPOSED ZONING ORDINANCE AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment that would replace the existing Article 3, Section 22 entitled Flight Path Zone (FP) with a new Section 22 entitled Airport Environs Overlay Zone (AEOZ). The current ordinance has been deemed to be outdated and obsolete in its regulatory language. The new Section 22, which is based upon standards and guidelines developed by the United States Air Force (USAF) are intended to promote land use compatibility among Air Force installations and surrounding communities. The proposed amendments define uses permitted within the Accident Potential and Clear Zones, as well as prescribe noise attenuation for new structures within the noise contours generated by the operations of Dover Air Force Base (DAFB). It was noted that the most recent Dover Air Force Base Air Installation Compatible Use Zone (AICUZ) study was completed by the USAF in March of 1999. The proposed amendment incorporates the land use and interior noise level reduction recommendations of the AICUZ study into the City of Dover Zoning Ordinance. The proposed amendment would exempt proposed additions to existing residential and commercial buildings. The regulations would impact new construction only.
The Planning Commission and Legislative and Finance Committee recommended approval of the proposed amendments.
Council President McGlumphy declared the hearing open. There was no one present wishing to speak during the public hearing. Council President McGlumphy declared the hearing closed.
Mr. Gorman moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Truitt and unanimously carried (the First Reading of this ordinance was accomplished during the Council Meeting of July 23, 2001)
Mr. Gorman moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Speed and Mr. Salters absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the City of Dover Zoning Ordinance be amended by deleting Article 3 - District Regulations, Section 22 - Flight Path Zone (FP), in its entirety and inserting in lieu thereof the following:
Section 22. Airport Environs Overlay Zone (AEOZ).
22.1 Purpose and Intent.
The Airport Environs Overlay Zone (AEOZ) is expressly intended to protect the public health, safety, and welfare by identifying areas impacted by high levels of aircraft noise, and the potential for aircraft accidents associated with airport operations, by regulating land use and the construction of buildings within such areas. The AEOZ is further intended to preserve and promote the integrity of the mission of Dover Air Force Base (DAFB) as a matter of local, regional and national importance, by regulating development and land use within the specific areas surrounding DAFB, and to protect DAFB from encroachment of incompatible land uses. The AEOZ shall serve as an overlay zone that applies additional standards and requirements to properties located therein. In case of conflicting standards and requirements, the more stringent standards and requirements shall apply.
22.2 Definitions:
Air Installations Compatible Use Zones (AICUZ) is a Department of Defense program to achieve compatibility between air installations and neighboring communities.
Airport Environs - The geographic area that is affected by airport air traffic operations and defined on the basis of those areas immediately impacted by aircraft noise of the 65 Decibels (dB’s) and greater noise exposure areas as delineated by the current and approved DAFB Air Compatibility Use Zone Study. This area is represented as the Airport Environs Overlay Zone (AEOZ).
Day-Night Average Sound Level (DNL) - A cumulative aircraft noise index which estimates the exposure to aircraft noise and relates the estimated exposure to an expected community response. A twenty-four-hour energy average sound level expressed in decibels (dB) with a ten-decibel penalty applied to noise occurring between 10:00 p.m. and 7:00 a.m.
DNL Contour An isoline linking together a series of points of equal cumulative noise exposure based on Ldn metric. Such contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns.
Decibel (dB) - A unit of measure of sound pressure or intensity.
Ldn Metric -The average equivalent A-weighted sound level during a 24-hour day obtained by adding ten decibels to the hourly noise levels measured during the night (10:00 p.m. to 7:00 a.m.).
22.3 Accident Potential Zones And Noise Zones.
The AEOZ is comprised of two basic regulatory components: Accident Potential Zones, and Noise Zones. This ordinance establishes three (3) Accident Potential Zones, and four (4) Noise Zones. The boundaries of each of these zones are delineated on the City of Dover Zoning Map and are further described as follows:
(a) Accident Potential Zones:
1. Clear Zone (CZ) - CZ is that area immediately adjoining the end of a runway and which extends outward from the edge of the runway a distance of 3,000 feet and which is 3,000 feet in width (1,500 feet to either side of the centerline of the airport runway);
2. Accident Potential Zone I (APZ I) APZ I is that area immediately adjoining the outer edge of the CZ and which extends outward from the boundary of the CZ a distance of 5,000 feet, and which is 3,000 feet in width (1,500 Feet to either side of the centerline of the airport runway);
3. Accident Potential Zone II (APZ II) - APZ II is that area immediately adjoining the outer edge of the APZ I and which extends outward from the boundary of the APZ I a distance of 7,000 feet, and which is 3,000 feet in width (1,500 Feet to either side of the centerline of the airport runway).
(b) Noise Zones:
1. Noise Zone A (DNL A) DNL A is that area within and bounded by DNL contour lines of between 65 decibels and 69 decibels of noise pressure.
2. DNL B is that area within and bounded by DNL contour lines of between 70 decibels and 74 decibels of noise pressure.
3. DNL C is that area within and bounded by DNL contour lines of between 75 decibels and 79 decibels of noise pressure.
4. DNL D is that area within and bounded by DNL contour line of 80 decibels and subject to noise pressure of 80 decibels and greater.
22.4 Exemptions.
The following uses and structures are exempt from compliance with the provisions of this Article:
(a) Additions to Existing One-Family Dwellings - Additions to existing one-family dwellings may be permitted when all other applicable Zoning District bulk requirements are met.
(b) Additions to Existing Commercial Buildings - Additions to existing commercial buildings limited to a maximum additional floor area of 3,000 square feet for buildings designed and intended for human occupancy, and unlimited floor area for additions to buildings primarily used for storage, warehousing and other uses not designed or intended for human occupancy as a primary use.
(c) Temporary uses - Temporary uses include but not limited to public gatherings, celebrations and outdoor entertainment events, so long as the period of operations does not exceed five (5) days.
(d) Temporary Structures - Temporary buildings and structures, such as tents, pavilions, bleachers, etc. that are not used for residential purposes, and which meet said applicable requirements as contained within this zoning ordinance, so long as such uses and associated structures are constructed incidental to a permitted use.
(e) Agricultural Uses, Operations and Structures Agricultural uses, operations, and buildings and associated non-residential structures, and lands in agricultural production.
(f) Accessory Uses and Structures - Accessory uses and structures incidental to a permitted principal structure or use.
22.5 Land Use And Development Standards.
Any building or portion thereof constructed or placed within the AEOZ after the effective date of this ordinance, shall comply with the following standards:
(a) Unless specifically exempted under Section 22.4 above, land uses shall be permitted or prohibited in accordance with Section 22.6 (Land Use Compatibility Table)
(b) Proposed structures situated within Noise Zone A through D shall be constructed with noise attenuation features to achieve the minimum interior noise level reductions specified by building type in Section 22.6 (Land Use Compatibility Table).
(c) In APZ I and APZII no structure may be erected over sixty feet in height, regardless of zoning district bulk regulations of the individual zoning district
(d) All Building Permit applications for construction within AEOZ shall be accompanied by a written statement from a licensed Architect or Engineer which lists all construction materials to be used and the resultant interior noise level reductions to be achieved. The written analysis provided by the engineer or architect shall demonstrate that the proposed construction will achieve compliance with the minimum required interior noise level reductions specified in Section 22.6 (Land Use Compatibility Table).
22.6 Land Use Compatibility Table.
|
LAND USE COMPATIBILITY TABLE Airport Environs Overlay Zone (AEOZ) |
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|
Land Use |
AEOZ Zones |
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|
Noise Zones |
Accident Potential Zones |
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|
A |
B |
C |
D |
CZ |
APZ 1 |
APZ II |
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|
65-69 dB |
70-74 dB |
75-79 dB |
80 + dB |
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|
RESIDENTIAL |
Single, Two, and Multi- Family |
Y 1 |
Y 1 |
Y 1 |
Y 1 |
N |
N |
Y 5 |
|
Manufactured Housing |
Y 1 |
Y 1 |
Y 1 |
Y 1 |
N |
N |
N |
|
|
Hotels, Motels, and Lodges |
Y 2 |
Y 3 |
N |
N |
N |
N |
N |
|
|
All Other Residential |
Y 1 |
Y 1 |
N |
N |
N |
N |
N |
|
|
NON-RESIDENTIAL |
Retail |
Y |
Y 2 |
Y 3 |
Y 3 |
N |
Y 3,4 |
Y 3,4 |
|
Business Services |
Y |
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