COUNCIL COMMITTEES
The Council Committees Meeting was held on September 13, 1999, at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert (arrived at 6:25 p.m.), Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mayor Hutchison. Mr. Weller was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the deletion of item #5 - UHP Police Officer Grant, and item #6 - EIDE Drug Officer from the agenda. Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone, Mr. Gorman and Mr. Merritt.
Request to Transfer Impact Fee Credit - Dover Mall
In accordance with Section 22-258 of the Dover Code, the transfer of paid impact fees is permitted with the approval of City Council. A request was received from Unisex Palace Hair Design for the transfer of EDU credits. Unisex Palace Hair Design is currently a tenant at the Dover Mall and will be moving to a new location at the Dover Commons after July 31, 1999. The transfer of the EDU credits will avoid the requirement to pay impact fees at the new location. Officials at the Dover Mall have indicated that if the hair washing stations, drains, and water supply lines are capped flush with the existing wall, they will agree that the EDU credits be transferred to the new Unisex location at the Dover Commons. The City has received confirmation from the Dover Mall indicating that the fixtures were removed and a request that the EDU credits for space #4012 (24 hair washing sinks) and space #4018 (3 hair washing sinks) of the old Unisex stores be transferred to the new Unisex Palace at the Dover Commons with the stipulation that any credits not used, be credited to the Dover Mall. Staff recommended approval of the request.
Responding to Mr. Salters, Mr. O’Connor assured members that the business acquiring the spaces vacated by Unisex Palace at the Dover Mall would be required to pay impact fees based on their fixtures established at the space.
Mr. Leary moved to recommend approval of the request of Unisex Palace Hair Design for the transfer of paid impact fees from the Dover Mall to the Dover Commons, as recommended by staff. The motion was seconded by Mrs. Malone and unanimously carried.
Request of the Downtown Dover Development Corporation to Amend the Fire Regulations of the Dover Code Regarding Bed & Breakfast Establishments
During the Downtown Dover Development Corporation (DDDC) meeting of July 14, 1999, members recommended that the City consider an amendment to the Dover Code regarding Fire Regulations for bed & breakfast establishments to conform to the State Fire Regulations. The City’s current fire regulations require that either a sprinkler system or that a means of egress from each sleeping area be provided. A responsibility of DDDC is to enhance and revitalize Downtown Dover. There has been a recent demand for bed & breakfast establishments in the Dover area; however, due to the stringent fire regulations in the City, it is economically and/or aesthetically difficult for potential clients to locate in Downtown Dover.
According to Fire Marshal Truax, the State of Delaware utilizes the Delaware State Fire Prevention Regulations as its foundation for fire code requirements. The State Fire Marshal’s Office has adopted, as amendments to the State Regulations, selected codes from the National Fire Protection Codes and does not use the BOCA National Building or Fire Prevention Codes. Although the City of Dover must follow the Delaware State Fire Prevention Regulations, as a municipality, additional ordinances and national codes can be adopted to enforce building and fire safety within the City limits. At the present time, the City references the Delaware State Fire Prevention Regulations, National Fire Protection Codes, BOCA National Building and Fire Codes and adopted City ordinances. The BOCA National Building Code requires bed & breakfast establishments to be sprinklered.
Responding to Mrs. Malone with regards to a business obtaining some type of safety grant, Mr. O’Connor indicated that typically grants are not available for profitable businesses. He explained, however, that there was discussion regarding the possibility of the City providing relief by deferring taxes or waiving fees for bed & breakfast establishments to offset the costs involved in installing a sprinkler system.
In response to Mr. Leary, Fire Marshal Truax explained that bed & breakfast establishments that are not located within the City limits are not required to install a sprinkler system or provide a means of egress from sleeping areas on first and second floors. It is not until there is a third floor that a sprinkler system would be required. In the City, a bed & breakfast establishment would be required to either install a sprinkler system or provide a means of egress from each sleeping area. Mr. Truax stated that the City has some unique, very large one (1) and two (2) family homes that can present a problem should there be a fire. He explained that homes in the City are in close proximity to one another. There are several older homes that were “balloon” constructed, meaning that they are opened from the basement to the attic, providing no way of stopping a fire which will take control of a home very quickly. These are situations that also pose a severe threat to firefighters who apprehend such buildings. Sprinklers would provide additional safety for the firefighters, as well as any occupants, and helps to preserve historic buildings.
Fire Marshal Truax stated that the Fire Marshal’s Office is not only charged with enforcing fire codes, but also with protecting all citizens and visitors of the City, along with safeguarding liability issues for the City. He informed members that 82% of fire related deaths occur in residential occupancies. When a one (1) or two (2) family home is converted into a bed & breakfast, there is responsibility of the owner and the City to provide visitors safety. He explained that the fire regulations have been established based on what has been learned in the past - knowing that history repeats itself. Fire Marshal Truax stated that nowhere is that more prevalent than in the history of fire, indicating that when there has been large numbers of lives lost, it has been due to no early detection and no sprinkler system, particularly in residential buildings when people are sleeping.
Mr. Leary moved to recommend denial of the request of DDDC to amend the fire regulations of the City of Dover regarding bed & breakfast establishments. The motion was seconded by Mrs. Malone and unanimously carried.
Discussion - Regional and Long Distance Telephone Provider
The City’s regional and long distance telephone calls cost a total of $48,000 per year. Regional call service is currently provided by Bell Atlantic and long distance call service is currently provided by AT&T through Public Technology, Inc. (PTI). PTI is a non-profit organization which negotiates the rates. Staff recently performed a rate comparison of service providers for these services, as follows:
Bell Atlantic AT&T Conectiv
Regional Calls .13¢ first minute n/a .07¢ per minute
.10¢ each additional minute
Long Distance Calls n/a .10½¢ per .07¢ per minute
Mr. Karia, Finance Director/Treasurer, stated that the City would realize an estimated savings of $18,000 annually by changing service providers to Conectiv, which is 37½% of the current cost. He assured members that references for Conectiv have been checked and that their current customers relayed positive opinions regarding Conectiv’s quality of voice and service. A three (3) year agreement has been submitted by Conectiv which provides a rate opener clause. Should the regional and long distance market rates go below .06¢, the City would have the right to open the agreement and renegotiate the rates. Mr. Karia advised members that the League of Local Government sponsors Conectiv as a telephone service company.
Staff recommended approval of the agreement with Conectiv to provide the City’s regional and long distance call services at a .07¢ per minute rate. Mr. Karia noted that if action is taken immediately, the City could realize a savings of approximately $700 and requested that this matter be presented to Council later this evening for approval.
Mr. Salters moved to recommend approval of staff’s recommendation and that this matter be presented to Council this evening for action. The motion was seconded by Mrs. Malone and unanimously carried.
Firing Range Upgrade
The Police Department’s Firing Range needs renovation and upgrading to meet standards. Funding has been provided in this year’s budget for upgrade of the air handling system and associated range equipment in order to complete the project. Placing the range back in service is expected to save several hundred man-hours per year by allowing on-site training to be performed.
The Police Department submitted a request to contract with the Aim Air Company of Patterson, New Jersey for the installation of an air handling system and associated equipment for $26,869. Aim Air Company has extensive experience in firing range renovation and offers a patented “Air Wall” system that is used extensively in the State of New Jersey. In addition, the company has been recommended by Compliance Environmental Inc., the City’s contract environmental engineering company. Examples of their work have been examined by the Police Departments in both New Jersey and Delaware. Based on this information, staff requested that this purchase be classified as Sole Vendor/Specialty Supplier. The City’s Building Maintenance Department will perform the building renovations.
Staff recommended that the air handling system be purchased for $26,869 from the Aim Air Company.
Mrs. Malone moved to recommend approval of staff’s recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Leary moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 6:42 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairwoman Malone presiding. Members present were Councilmen Pitts and Truitt, Mrs. Moerschel and Mr. von Reider.
Request of Dover Recreational Facilities Committee (DRFC)
General Vetter, Co-Chairman of the Dover Recreational Facilities Committee (DRFC), addressed committee members in response to correspondence from the City of Dover dated August 20, 1999, requesting that the DRFC perform two (2) additional tasks that are vital to the efforts of making the recreational facility a reality. The first task would be to develop a business plan that would give better information concerning how the facility is to be operated. The plan should include proposed fees and a realistic anticipated operational deficit. The plan would be essential in any discussion about a proposed referendum and should be developed with the assistance of the City’s Finance Director/Treasurer. The second task would be to have basic engineering performed on the proposed building site in order for the project to move forward.
General Vetter advised members that the DRFC has reviewed the City’s requests and wanted to provide members an interim progress report at this time. With regard to the latter task, General Vetter stated that the availability of utilities had already been investigated. The City’s Director of Public Works, Mr. Scott Koenig, has indicated no potential problems with acquiring water, sewer, telephone, and electric services on the Schutte Park site. Mr. Koenig contacted the architect and, together, will select a site survey team and a boring team who will provide a topographical plot plan of the building site. They will then physically locate the building on the topographical plot plan, at an estimated cost of $17,000, and accomplish the 18 test borings, at an estimated cost of $9,000, to assure that the soil and compaction will handle the type of building proposed. Involved is a “first order” survey monument, necessary benchmarks, and a grading plan. These are reasonably quick, non-disruptive, low cost items which can easily be paid for by remaining funds. He advised members that there is an amount of $11,800 available from the conceptual study performed by the DRFC and HSMM, the assisting architect, and an amount of approximately $5,200 available from the $350,000 we received in last year’s FY1999 Community Redevelopment Fund monies.
General Vetter stated that the first task has been divided into two (2) segments. First, the DRFC will need to detail, to the extent possible, the expected manner in which the proposed facility is to be operated: hours and days of operation; anticipated manning; library hours; etc. Secondly, the DRFC will accomplish a market survey or operational pro-forma study and report. Together they will make up a type of “business plan”. In order for this to be accomplished as objectively and as reliably as possible, it will be a joint venture for the DRFC, the Parks and Recreation Department staff, HSMM, and many others. The most difficult part will be to determine the number and characteristics of our intended users to include age, sex, marital status, location, perceived needs, travel distance, income level, and a host of other characteristics which must be known and ranked for importance. At the same time, data on the cost of wages, utilities, clean-up, and general maintenance of the proposed facility will need to be developed. General Vetter stated that since only the Conceptual Stage has been completed for this project, there are no blue prints, final floor plans, final selection of heating and air-conditioning equipment, etc. However, only by contrasting the anticipated costs of operation at various usage levels and user rates against the total anticipated income, can we begin to understand the income versus cost-to-operate relationships and answer the question - can we keep user fees low enough to assure high user rates, yet have fees high enough so that net income will be close to the breakeven point and avoid any possible taxpayer burden.
General Vetter also explained that the determination of who the projected users are and what they will likely pay to use is quite difficult. Fortunately, HSMM was able to identify several firms who specialize in such work. It will require a full demographic review of Kent County, including its major towns and cities, and a great deal of data collected throughout our general geographic area. Much of this, of course, will be achieved through skilled sampling techniques and census data already available. The DRFC has no such data and, to assure complete objectivity, this part of the effort should be accomplished by a private contractor or consultant firm, which would provide briefings to City Council, answer questions, and provide input data to DRFC. Sports Management Group of Kansas City has been contacted to perform a Feasibility Study. This group is one of the best in the country for such work and has been used extensively by HSMM and other leading architectural firms. The costs for such a study will consist of the Operational costs, estimated at $15,000 and Market Study costs, estimated at $10,000. The funds are currently available and, upon authorization, DRFC will have the final update of the new Architectural Plan for Council during their meeting scheduled for September 27, 1999. There are provisions in the architects draft contract which would allow them to provide general floor plan detail and an estimate of operating costs for use by the consultant firm.
General Vetter stated that the total cost of the proposal, including the engineering and site work and marketing and operational pro-forma studies and their presentation, should not exceed $51,000. This information will give the City a much better level of confidence regarding the actual site, expected usage rates, and the economic aspects of creating such a facility. General Vetter indicated that the DRFC is requesting approval to proceed and submit to the City Manager’s Office the final draft of the architectural contract which was developed with HSMM. He stated that a follow-up report is expected to be provided to members in October.
In response to Mayor Hutchison, General Vetter stated that it has been estimated that the studies will take an approximate 30 to 60 day effort, depending on the number of team members.
Mrs. Malone moved to recommend acceptance of the report and recommendations of DRFC, seconded by Mr. Truitt and unanimously carried.
Mr. Truitt moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 7:12 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/jg