REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 29, 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 Hutchinson, Mr. Lucas, Mr. Worley, Mr. Cregar, Fire Chief Whitham, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Roland Coker, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved that budget hearings, scheduled for May 30, May 31 and June 4, 1990 be rescheduled for June 4, 5 and 6 (June 6th meeting to be held only if needed) at 6:30 p.m. The regular Legislative and Finance Committee meeting will be held on May 30, 1990. This will allow an opportunity for new committee members to review the proposed budget prior to review. The motion was seconded by Mr. Hall and carried with Mr. Lynn voting no.
There were no additions or deletions to the agenda.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 14, 1990
The Minutes of the Regular Council meeting on May 14, 1990 were unanimously approved by motion of Mr. Hall, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 22, 1990
The Minutes of the Quarterly Open Town Meeting of May 22, 1990 were unanimously approved by motion of Mr. Hall, seconded by Mr. Daisey.
PRESENTATION - TREE CITY U.S.A.
Mr. Walter Gabel, State Forester, presented a Tree City U.S.A. plaque to the city of Dover on behalf of the State Forestry Office and the National Arbor Day Foundation. This is only the third award in the State of Delaware for Tree City U.S.A. status. Also presented to the City were a sign and a flag. Mr. Don Knox, Community Services Director, accepted the awards on behalf of the City of Dover.
PROCLAMATION - NATIONAL FLAG DAY
Mayor John E. Richter issued the following proclamation:
WHEREAS, by Act of Congress of the United States dated June 14, 1977, the first official Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14th of each year was designated "NATIONAL FLAG DAY"; and
WHEREAS, the Congress had requested the President to annually issue a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14th; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy n a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 14, 1990, as Flag Day in the City of Dover and urge all citizens to pause at 7:00 p.m. on this date for the eleventh annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation.
RESOLUTION - WALTER F. SEENEY - RETIREMENT
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution, which bore the written approval of Mayor Richter:
WHEREAS, Walter F. Seeney began his employment with the City of Dover on December 8, 1966 and after more than 23 years of service, he has chosen the retire effective May 22, 1990; and
WHEREAS, after spending his entire career in the Public Works Department, Mr. Seeney developed an extraordinary knowledge of the City's sanitary sewer pumping stations; and
WHEREAS, with such knowledge, Mr. Seeney has assisted the City in maintaining an excellent wastewater and sanitary sewer system; and
WHEREAS, Mr. Seeney has gained the respect of his fellow employees and has served as a model for others to follow.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere gratitude to Walter F. Seeney for his contribution to our community and highly commend him for the manner in which he has carried out his responsibilities and duties as a City employee.
2. Walter F. Seeney and his family are wished a happy and peaceful retirement.
3. As an expression of their appreciation to Walter F. Seeney, the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: May 29, 1990
As a token of Council's appreciation for the many years of service with the City of Dover, Council President Christiansen presented Mr. Seeney with the resolution, a City of Dover Plaque and the Dover Cup.
Mr. Seeney stated that during his tenure with the City, he has worked under six City Managers, three Mayors and several supervisors. He wished to thank all of them, as well as his co-employees, for the assistance given to him over the 23 years he worked for the City of Dover.
RESOLUTION - SALE OF ELECTRIC REVENUE BONDS - SERIES 1990
City Finance Director, Mr. Mike Karia, stated that the City sold Electric Revenue Bonds in the amount of $29,830,000. This was the largest bond issue in the history of the City and it was very successful. A resolution was submitted for Council approval to ratify and confirm the sale of $29,830,000 Electric Revenue Bonds of the City of Dover, Series 1990, and related matters.
Responding to questions of Council, Mr. Karia stated that with the process of issuing the bonds, the City saved $567,000.
Mr. Lynn moved for approval of the Resolution (as on file in the Office of the City Clerk) ratifying and confirming the sale of $29,830,000 Electric Revenue Bonds of the City of Dover, Series 1990, and related matters. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
RESOLUTION - LOAN TO DOWNTOWN DOVER DEVELOPMENT CORPORATION
In the 1989-90 budget, Council appropriated $500,000 in the Improvement Fund, to be provided to the Downtown Dover Development Corporation as a loan to start various downtown development projects. Mr. Karia explained that the Downtown Dover Development Corporation has chosen to acquire property on S. Governors Avenue, known as the ACME property, and is requesting a loan to facilitate the purchase.
Mr. Salters moved for approval of the request as outlined in the following Resolution, seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Hall);
WHEREAS, the City of Dover has approved an appropriation of $500,000 in the Improvement and Extension Fund budget for fisal year 1989-90 to be provided as a loan for the downtown development; and
WHEREAS, for the purpose of downtown development, "Downtown Dover Development Corporation" has been registered under the Delaware laws; and
WHEREAS, the Downtown Dover Development Corporation has decided to acquire the "ACME" property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, IN COUNCIL MET:
1. That the amount of $500,000 be provided to the Downtown Dover Development Corporation as a loan with the following provisions:
A. This loan is an interest free loan.
B. The Downtown Dover Development Corporation will repay the loan to the City of Dover in ten equal annual installments of $50,000 each.
C. The first repayment installment will be made on or before June 30, 1991.
ADOPTED: May 29, 1990
MONTHLY REPORTS - APRIL 1990
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously approved the following reports for the month of April:
Chief of Police Report
Building inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Regarding over expenditures in the Sanitation-Maintenance budget, Mr. Worley reported that a meeting was held with RAND Automated Compaction Services, inc. Although a definitive solution has not been found, RAND officials have concurred that there are problems with the vehicles and they have promised to research this matter in more detail for a report back to the City as soon as possible.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 15, 1990 with Chairman VanSant presiding.
Noting that Council action is not necessary on some items, Mr. VanSant moved for approval of the committee's action on the following items:
Presentation by DNREC - Water Conservation
After a presentation on water conservation, DNREC recommended that the City consider adoption of a Resolution and Ordinance providing for water conservation performance standards for plumbing fixtures for all new construction effective January 1, 1991. The committee will review the information after review by staff.
Report on Needed Sidewalk Repairs - State and New Streets
Staff submitted a report on inspection of sidewalks covered by the first three years of the sidewalk program that determined if work had been completed. Eleven properties were identified as having sidewalk in need of repair. Five properties did not complete the work identified and letters will be sent informing the property owners that the work will be completed as part of this year's sidewalk program. The other six had completed the necessary work but now have different deficiencies.
The motion was seconded by Mr. Hall and unanimously carried.
Acceptance of Streets and Utilities - Heatherfield - Phase II
During the Utility Committee meeting of November 14, 1989, action was deferred on the acceptance of streets and utilities for Heatherfield, Phase II, pending repairs to several curb depressions. Staff has inspected the repairs and all work has been completed. As-built drawings, and a one year maintenance agreement and bond were submitted in November.
Concern was voiced by committee members that a final inspection be made by staff prior to the fulfillment of the bond to ensure that all necessary repairs are made by the developer before the expiration of the bond.
The committee recommended acceptance of rights-of-way and utilities in Heatherfield, Phase II, directing that staff make a final inspection prior to expiration of the bond to ensure that the developer has made any necessary repairs.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Agreement for Westminster Pumping Station
During the last year, two site plans have been submitted to the City for developments along College Road, between McKee Road and the railroad. A site plan for the College Business Park was approved on March 22, 1990, and a site plan for additional units at Westminster Village was conditionally approved by the Planning Commission on September 18, 1989.
Noting that there is no sanitary sewer service to this area of College Road, staff began investigating the alternatives in providing the service. The existing mains at the intersection of McKee and College Roads do not have the depth required to extend to these sites, nor does the main installed on College Road east of the railroad tracks. Preliminary design work has shown that it would not be feasible to extend the main on McKee Road (to be installed as part of the Fork Branch Pumping Station) to this area either. As staff began to investigate the possibility of a pumping station to serve the area, a clearly defined service area for the station appeared. Negotiations with the developers of the two sites produced a cost sharing agreement to install the pumping station and force main, as well as some of the collection mains. The agreement is based on cost-sharing agreements approved by the City over the last few years. The City’s share of the project is estimated as $25,600. This would also cover the share of the project set aside for the lands inside the service area which are not inside City limits at this time. The City will recover the cost when these lands connect to the sewer system.
Feeling that the proposed system is much better from a wastewater utility standpoint, and would provide a much better service to the users of the system, staff recommended approval of the Agreement.
The committee recommended approval of the Agreement between the City of Dover, Bay Developers, Inc. and Presbyterian Homes, Inc.
As recommended by the committee, Mr. VanSant moved for approval of the Agreement (as on file in the Office of the City Clerk). The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
Letter of Agreement - DelDOT - Relocation and Adjustment of Dover Leipsic Road
The Department of Transportation presented the Electric Department with prints of Dover - Leipsic Road and requested all existing equipment be accurately located. It is staff's understanding that the State is proposing to widen this portion of the road, taper the curve, and join the relocated road to the existing Dover Leipsic Road at the curve. At a later date, the relocated road will be integrated with the planned crossings of the Bypass.
The letter of agreement is standard, which indicates the compliances, preparations, and financial commitments of both the State and City. The City would be responsible for drawings, specifications, estimates. When approved by the State, the City will see that the work is done in accordance with the appropriate Laws, Rules, and Regulations. The City will be reimbursed for all costs attributable to the relocation; however, these costs will not include betterment and salvage values.
The committee recommended approval of the Agreement with DeIDOT on the relocation and adjustment of Dover Leipsic Road.
Mr. VanSant moved for approval of the Agreement with DelDOT on the relocation and adjustment of Dover Leipsic Road (as on file in the Office of the City Clerk), seconded by Mr. Hall and carried by a unanimous roll call vote.
SCADA Control for Combustion Turbine
The combustion turbine will be controlled remotely from the Dispatch Center. It is necessary for the new SCADA controller to be compatible with the existing Electric and Public Works control systems. Staff has investigated the equipment available and has determined that Landis & Gyr is the only vendor capable of providing the system. If any other equipment was purchased, several modifications would be necessary. Staff advised the committee that the present Landis & Gyr equipment for the Electric and Public Works SCADA has been reliable, and has provided extensive monitoring and control that was not previously available.
The new system selected is the Landis & Gyr TG 6800 Dual Master Station with software and accessories, and one TG 5200 Remote Terminal Unit, at a cost of $103,7124.50. This equipment will allow monitoring and control of the new combustion turbine, so that on-site supervision will not be required on a continuous basis. Allowing 150 days for shipment and two weeks for installation, completion is scheduled for October 1990.
The committee recommended that a purchase order be authorized, under the sole vendor exception in the City's purchasing policy, to Landis & Gyr of San Jose, California in the amount of $103,724.50 for a Dual SCADA System.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Although he supported the motion, Mr. Weyandt voiced concern with the City being tied to only one supplier for equipment.
Energy Conservation Program
For the past several months, staff has been investigating programs to promote energy conservation and peak shaving and updating the committee on their findings. The Electric Department has requested $100,000 in their budget for various conservation projects.
Staff has researched two programs: 1) florescent lighting; and 2) the Phillips Smart Light. During the April committee meeting, a demonstration was given on the Philips Smart Light. Both programs will shave peaks and save customers money, thereby, improving public relations and raising the consciousness of energy conservation. These programs could delay construction of a new power plant and reduce consumer energy costs. The Electric Department submitted alternatives in implementing the two programs.
The committee recommended that staff move forward with the following items:
Florescent Tubes - Energy Saving Cost/Year
City convert all city-owned buildings
to energy saving tubes $27,000
Lighting audits at no cost to
commercial customers - -
Mr. VanSant moved for approval of the committee's recommendation to convert all city-owned buildings to energy saving, tubes and for lighting audits at no cost to commercial customers. The motion was seconded by Mr. Hall and unanimously carried.
Bid - Two Pre-Engineered Steel Buildings for Parkland Generating Station
Bids were requested for the purchase of two pre-engineered steel buildings as part of the overall Combustion Turbine installation. The low bid was received from CHF Buildings Systems in the amount of $72,204. The engineer's estimate was $81,700.
The committee recommended that a purchase order be issued to CHF Building Systems of Seaford, Delaware, in the amount of $72,204 for the water treatment and fuel unloading buildings.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. VanSant moved for adoption of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT
The Utility Committee met on May 16, 1990 to review the utilities section of the Capital Improvements Plan, with Chairman VanSant presiding.
The committee reviewed the utilities sections of the 1990-1995 Capital Improvements Plan, pages 31 - 106. The committee suggested the following changes:
Pages 34 and 36 - It was suggested that the 1992-93 projects be combined with the 1991-92 projects to meet the minimum of $1,000,000 for General Obligation Bonds.
On repaving of City streets, the committee noted that the first year streets are final. The other lists are subject to change depending on annual revaluation of the streets. A parenthetical statement will be included to read "out years subject to change".
Page 44 - Repaving of Parking Lot between City Hall and Post Office - Agreement called for repaving within 24 months. It was suggested that this be moved to an out year. This will be considered during the budget process.
Page 51 - Painting of General Foods Elevated Storage Tank - $10,000 listed under Planning was an error and should be listed as "other" for inspections fees.
Page 77 - Playtex Substation - Noting that this project was delayed from the 1989-90 budget, the committee expressed concern that the project should be completed as soon as possible.
Page 89 - Install 12.5kV second circuit on Horsepond Road from Horsepond Substation to the Kent County Industrial Park - (1991-92) - Due to the proposed Civic Center, members suggested that the project be considered at a later date.
Page 104 - Install 50 - 75 MW Generator - Although the City is still looking at alternatives for the out years to produce power, the committee left the 50 75 MW Generator in the CIP. This is for planning purposes and is necessary although it does not mean that the City will begin construction.
The Utility Committee recommended that the 1990-91 utilities sections of the Capital improvements be approved and that general approval be given for the outyear items in the utilities sections of the Capital Improvements Plan. Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Mr. VanSant moved for adoption of the Special Utility Committee Report, seconded by Mr. Lynn and unanimously carried.
SUGGESTED PRIORITIES FOR SUBURBAN STREET FUND REQUESTS
Each year our State Legislators ask for projects which could be funded through the State Suburban Street Fund. The projects must be related to state maintained streets within the City limits such as paving, storm water management, lighting and traffic control. The City Manager submitted a prioritized list prepared by City staff.
Mr. VanSant moved for approval of the prioritized list submitted by the City Manager (as on file in the City Clerk's Office), seconded by Mr. Weyandt and unanimously carried.
COMMITTEE APPOINTMENTS
Mr. Rodriguez reminded Council members that according to the Code, confirmation of committee appointments is subject to "confirmation of a voting majority of the city council, with any nominee not entitled to vote".
Council President Christiansen submitted the following committee appointments for Council consideration:
Legislative and Finance Committee
Mr. Francis R. Weyandt, Chairman
.4r. Patrick H. Lynn, Councilman
Mr. Charles N. Hall, Councilman
Mr. Thomas Leary, Civilian Member
Referring to page 17 of the City Charter (last sentence in Section 9), Mr. Lynn requested that in the future the City Solicitor review the words "Council's appointments" feeling that committee appointments should be structured by members of Council and not exclusively by one member of Council. Mr. Rodriguez felt that the words are a result of a typographical error. Asked by Mr. Salters if the Council President may vote on his appointments, Mr. Rodriguez stated in the affirmative.
Mr. Lynn voiced concern with supporting the recommendations of the Council President, stating that by voting positively for those suggested, he is forced to vote negatively for those that were not suggested. The previous civilian members, Mr. Sherman Townsend, Mr. John Armistead and Mr. James Hardcastle, have performed a magnificent service to the City by serving on our committees. Mr. Lynn stated that if a civilian member is to be replaced on our committee, he feels that the Council as a whole should make this decision. He objected to such a decision being placed before the Council in this manner, feeling that it is unfair to those that have courteously and faithfully served the City. He explained that his negative vote on the appointments is based upon the discourteous manner of member replacement and in no way reflects opposition to the proposed new members.
Mr. Daisey moved for acceptance of the appointments to the Legislative and Finance Committee as submitted, seconded by Mr. Levitt. The motion was approved by a roll call vote of four (4) yes, two (2) no (Mr. Salters and Mr. VanSant) and three (3) abstentions (Mr. Hall, Mr. Lynn and Mr. Weyandt).
Utility Committee
Mr. Frederick N. VanSant, Chairman
Mr. William H. Daisey, Councilman
Mr. Reuben Salters, Councilman
Mr. Raymond Harbeson, Civilian Member
Mr. Weyandt moved for acceptance of the appointments to the Utility Committee as submitted, seconded by Mr. Hall. The motion was approved by a roll call vote of six (6) yes, three (3) abstentions (Mr. Daisey, Mr. Salters and Mr. VanSant).
Parks and Recreation Committee
Mr. William H. Daisey, Chairman
Mr. Irving S. Levitt, Councilman
Mr. John W. Pitts, Councilman
Mrs. Linda Wasko, Civilian Member
Mrs. Lynn McIntosh, Civilian Member
Two Student Members (non-voting members)
Questioned by Mr. Weyandt, Mr. Rodriguez reported that the City Code provides for the committee to consist of five members, three members of City Council and two civilian members. There is no provision for the additional two student members.
Mr. Christiansen explained that he wished to allow input from students on matters of recreation relating to our young citizens. Since this is not allowed by Code, he will strike them from the list of members. He will, however, ask them to attend meetings to provide input to the committee members.
Mr. Salters suggested that Mr. Christiansen consider the formulation of a Youth Advisory Committee that could serve in an advisory capacity to the Parks and Recreation Committee.
Mr. Levitt concurred with the concept of youth involvement, stating that their contribution could be useful when making decisions on this committee.
Mr. Salters moved for approval of the following committee appointments, seconded by Mr. Hall:
Mr. William H. Daisey, Chairman
Mr. Irving S. Levitt. Councilman
Mr. John W. Pitts, Councilman
Mrs. Linda Wasko, Civilian Member
Mrs. Lynn McIntosh, Civilian Member
The motion was approved by a roll call vote of four (4) yes, two (2) no (Mr. Lynn and Mr. VanSant), and three (3) abstentions (Mr. Daisey, Mr. Levitt and Mr. Pitts).
Safety Advisory Committee
Mr. Charles N. Hall, Chairman
Mr. Irving S. Levitt, Councilman
Mr. John W. Pitts, Councilman
Chief James Hutchison, Dover Police Department (non-voting member)
Chief Terry Whitham, Dover Fire Department (non-voting member)
Responding to Mr. Weyandt's question, Mr. Rodriguez stated that the City Code provides that the Safety Advisory Committee will consist of three members of Council.
Council President Christiansen agreed to strike the names of Chief Hutchison and Chief Whitham, stating that Chief Whitham will attend the meetings as a member of staff as is currently done by Chief Hutchison. Mr. VanSant stated that the committee has the authority to call upon anyone to assist them in their deliberations, negating the need for appointments to the committee for input.
Mr. Daisey moved for approval of the following appointments to the Safety Advisory Committee, seconded by Mr. Salters:
Mr. Charles N. Hall, Chairman
Mr. Irving S. Levitt, Councilman
Mr. John W. Pitts, Councilman
The motion was approved by a roll call vote of four (4) yes, two (2) no (Mr. Lynn and Mr. Weyandt), and three (3) abstentions (Mr. Hall, Mr. Levitt, Mr. Pitts).
Civilian Pension Committee
Mr. Irving S. Levitt, Councilman
Mr. Frederick N. VanSant, Councilman
Mr. Daisey moved for approval of the Civilian Pension Committee members as submitted, seconded by Mr. Pitts and carried by a roll call vote of seven (7) yes, two (2) abstentions (Mr. Levitt and Mr. VanSant).
Police Pension Committee
Mr. Irving S. Levitt, Councilman
Mr. Frederick N. VanSant
Mr. Weyandt moved for approval of the Police Pension Committee members as submitted, seconded by Mr. Hall and carried by a roll call vote of seven (7) yes, two (2) abstentions (Mr. Levitt and Mr. VanSant).
Building, Plumbing, Mechanical and Fire Prevention Code of Appeals
Mr. Patrick H. Lynn, Chairman
Mr. John W. Pitts, Councilman
Mr. Weyandt moved for approval of the appointments as submitted, seconded by Mr. Hall. A roll call vote was taken with five (5) yes votes, and four (4) abstentions (Mr. Pitts, Mr. Salters, Mr. Lynn and Mr. Christiansen).
Mr. Weyandt requested explanation for abstentions of Mr. Salters and Mr. Christiansen. Mr. Rodriquez stated that the Charter requires a reason for an abstention from voting. Mr. Salters stated that although he does not object to the appointment of Mr, Pitts, he felt that Mr. Daisey should have been appointed since this is his field of expertise.
Mr. Christiansen stated that the appointment was not meant as an affront to Mr. Daisey, but since Mr. Daisey has served on this committee in the past, he felt that all members of Council should have an opportunity to serve on different committees to enrich our knowledge and offer a well rounded committee system.
Mr. VanSant moved to reconsider the roll call vote taken on the appointments to the Building, Plumbing, Mechanical and Fire Prevention Code of Appeals, seconded by Mr. Levitt.
On a recall of the roll call vote, action was halted by Mr. VanSant who objected since the motion, although made and seconded, was never carried. On a voice vote on the motion to recall the roll call vote on the appointments, the motion was unanimously carried.
On the roll call vote to appoint Mr. Lynn (Chairman) and Mr. Pitts (Council Member) to the Building, Plumbing, Mechanical and Fire Prevention Code of Appeals, the motion was carried with seven (7) yes votes, two (2) abstentions (Mr. Pitts and Mr. Lynn).
Sharing Mr. Lynn's concern for proper treatment of those who have served diligently as civilian members in the past, Mr. Hall moved that proper recognition be made to those affected. The motion was seconded by Mr. Levitt and unanimously carried. Mr. Christiansen reported that Resolutions and a Dover Cup will be presented to Mr. Townsend, Mr. Armistead and Mr. Hardcastle.
DESIGNATED IMPLEMENTATION AGENCY FOR DECCASA GRA.NT
The DECCASA Committee charged a subcommittee with selecting a Designated Implementation Agency (DIA) in accordance with grant requirements. The DIA is selected by the DECCASA Committee but receives the grant directly from the State. The committee has selected the Kent County Community Action Agency as the Designated Implementation Agency for the grant.
Responding to Mr. Weyandt's question, Mr. Worley stated that there is no obligation on the part of the City on the awarding of this grant.
Mr. Weyandt moved that the Kent County Community Action Agency be selected as the Designated Implementation Agency to implement the Youth and Family component for the DECCASA grant. The motion was seconded by Mr. Salters and unanimously carried.
RECOMMENDATION FROM PLANNING COMMISSION - PROPOSED TEXT AMENDMENT - ARTICLE 5, SECTIONS 8.53 AND 8.54
Pursuant to the hearings held by the City's Zoning Board of Adjustment and the subsequent resolution passed by the City Council on May 14, 1990, the Planning staff and Planning Commission reviewed the issue of the restrictiveness of the City's current noise/vibration sections within the performance standards regulations of the Zoning Ordinance. The Planning staff submitted to the Planning Commission a proposed text amendment that would delete the existing noise and vibration sections and add a new section. The new section 8.53/8.34 would provide for the adoption of the Noise Regulations of the State of Delaware. The regulations are to prevent, prohibit and provide for the abatement of excess and unnecessary noise and/or vibration which may endanger the health, safety and welfare, jeopardize the value of property and erode the integrity of the environment. Staff believes, after review of other State and Municipal regulations, the revised sections will be more current and provide the City with a noise and vibration code which is compatible and consistent with other sections of the City's performance standards.
The State regulations, as amended in July of 1982, establish provisions which set forth a detailed section of definitions, prohibitions, a classification of land according to use and a section setting forth the maximum noise and vibration limits according to a particular land use. Also included in the State regulations is a section which describes exempted uses and activities.
The Planning Commission unanimously endorsed the proposed text amendment and recommended that the City Council set a public hearing for its adoption. In making its recommendation, the Commission considered the existing performance standards and judged the amendment to be consistent with other sections. Such standards as fire and explosive hazards, smoke; fly ash, dust, fumes, vapors, gases and other forms of air pollution; and liquid or solid waste discharge are currently governed by the regulations and standards of the Delaware Department of Natural Resources and Environmental Control.
A full reading of the proposed text amendment was waived by Council. The City Clerk read a synopsis of the ordinance into the record, as follows, which constitutes the first reading of the ordinance:
Pursuant to the hearings by the City's Zoning Board of Adjustment for the combustion turbine/generator to be located south of General Foods and Scott Paper, staff has reviewed the issue of the restrictiveness of the City's current noise/vibration sections within the performance standards regulations of the Zoning Ordinance and believes that the amendment will provide a standard for noise and vibration which is compatible with other State and municipal regulations and will be consistent with other sections of the City's performance standards such as smoke; fly ash, dust, fumes, vapors, gases and other forms of air pollution; liquid or solid wastes, which all use regulations of the Delaware Department of Natural Resources and Environmental Control for the control of such emissions.
Mr. Weyandt moved that a public hearing be scheduled for June 25, 1990 at 7:30 p.m. to consider adoption of the above text amendment, seconded by Mr. Lynn and unanimously carried.
Responding to questions of Mr. Hall, Mr. Cregar stated that the State's standards set up a criteria of noise emitters and receptors. The State's regulations break down residential, commercial, and industrial emitters and receptors. These regulations acknowledge that the standards should be different for the different types of uses (residential, commercial, and industrial). i.e, An industrial use next to an industrial use should be allowed to emit a higher noise level than an industrial use next to a residential use.
CORRESPONDENCE
Parking Restrictions - Private Parking Facilities - Christ Church
In conjunction with a parking restriction plan in Dover, Reverend Greg Howe of the Christ Church, requests that the City look into some way to protect private property owners from unauthorized use of private parking facilities. Reverend Howe relayed that the Church has already experienced several incidents of unauthorized parking in their private lot.
Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. Lynn and unanimously carried.
Request to Purchase Land - Delaware State Education Association
A letter was received from the Delaware State Education Association requesting to purchase City owned land adjacent to the Delaware League of Local Governments building on Water Street. The DSEA plans to construct a 9,000 square foot building on the land.
Mr. Weyandt moved for referral to the Legislative and Finance Committee and the Assessor, seconded by Mr. Daisey and unanimously carried.
Forward Central Delaware Committee
A request was received from the Forward Central Delaware Committee for an appropriation of $5,000 towards the Economic Development Program for FY1991.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Daisey and unanimously carried.
Objections to Installation of Sidewalks - Records/Berglund - Walker Road
A letter was received from George and Marjory Records, Mr. George Records, Jr., and Mr. Robert Berglund objecting to a requirement for the installation of sidewalks on their properties on Walker Road.
Mr. Weyandt moved for referral to the Utility Committee, seconded by Mr. VanSant and unanimously carried.
Mr. Levitt moved to adjourn into open forum and then into executive session to discuss personnel matters, seconded by Mr. Weyandt and unanimously carried.
OPEN FORUM
Council President Christiansen declared the open forum in session and reminded those present that Co