REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 12, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman 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 Christiansen 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 Pastor Eldon Fowler. The Pledge of Allegiance was led by Jacob Barndt, representing Cub Scout Pack 640 of Wesley Church.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of item #2A - Recreational Facilities - Schutte Park. Mr. Salters requested the addition of item #2B - Purchase of Security Cameras & Monitoring Equipment for the Police Department.
Mr. Carey moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 8, 1997
The Minutes of the Regular Council Meeting of December 8, 1997 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Pitts and bore the written approval of Mayor Hutchison.
RESCHEDULE REZONING PUBLIC HEARING - PROPERTY LOCATED ON SOUTH SIDE OF LAFFERTY LANE - STEEL SUPPLIERS, INC.
A letter requesting that a rezoning public hearing be rescheduled was received from the State of Delaware, Department of Corrections, equitable owner of property owned by Steel Suppliers, Inc. The property, located on the south side of Lafferty Lane, 450'+/- west of the intersection of Lafferty Lane and Horsepond Road, is currently zoned M (Manufacturing) and the requested zoning is IO (Institutional and Office).
Mr. Weller moved that a rezoning public hearing be scheduled for February 9, 1998 at 7:30 p.m., seconded by Mrs. Malone and unanimously carried. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF LAFFERTY LANE, 450'+/- WEST OF THE INTERSECTION OF LAFFERTY LANE AND HORSEPOND ROAD.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met prior to the Council Meeting on January 12, 1998 with Chairwoman Malone presiding.
Recreational Facilities -Schutte Park
The Parks and Recreation Department requested proposals seeking professional services to provide design services for the construction of a Recreation Center at Schutte Park. Six firms were interviewed by the Dover Recreational Review Committee, with the firm of Hayes, Seay, Mattern & Mattern, Inc. being selected as the top firm for the Recreation Center Design.
Staff negotiated a price of $55,480 with Hayes, Seay, Mattern & Mattern, Inc. to provide professional architectural and engineering services for the programming and schematic design for the Schutte Park Recreation Center. Mr. O’Connor indicated that the negotiated price will not exceed $60,000, which was appropriated by City Council. The firm has agreed to utilize the City’s travel policy since they will be traveling from Virginia to Dover. Mr. O’Connor stated that the firm will give a presentation to City Council on the design and size of the facility, future expansion of the facility, how the facility will be set in Schutte Park and how the facility will fit into the City’s existing outdoor facilities. It was noted that the firm will not provide leadership on the project and that the project development will be coordinated by the Recreational Review Committee.
Responding to Mr. Salters, Mr. O’Connor explained that this particular project was a request for professional services, which differs from the process utilized for closed bids. However, the request for professional services was conducted as a committee function with staff’s assistance in negotiating a price after the firm was selected.
Mr. O’Connor stated that the firm’s initial services will include: Schutte Park recreation facility siting evaluation, facility space programming, concept design and schematic design. Mr. O’Connor indicated that the City has no obligation to hire this firm for the design and construction of the facility, but it would be to their advantage to do this job well in the event they have an interest in Phase III. He stated that the contract was structured so that either party could give a 30-day written notice to terminate the contract if they are not performing quality work. He indicated that the scope of work is very detailed in that it promotes business to the City, provides a presentation to City Council, and provides enough time and opportunity for recommendations from the Recreational Review Committee.
Upon completion of the study, the City will have an idea of the costs incurred to construct this type of facility, the size of the facility, the architectural renderings, and a general location as to where the facility will be located at Schutte Park.
Responding to Mr. Weller, Mr. O’Connor stated that if a traffic study is needed, the study would be conducted in-house or provided by the Department of Transportation.
Mr. Weller stated that in the firm’s proposal, it was indicated that an environmental site assessment was prepared for this project site and is therefore not required. Mr. Weller questioned who prepared the environmental site assessment for this project site and if there are any environmental conditions that exist on the Schutte Park property. Mr. O’Connor indicated that an environmental assessment was prepared on the property when the overall plan was initiated for Schutte Park. He stated that a storm water plan was prepared for the Schutte Park property which included the assessment of the facility. Mr. O’Connor indicated that the storm water management assessment was approved by the Kent Conservation District.
Members of the committee and other members relayed their feelings that the proposal was very well done and conveyed compliments to staff and the Recreational Review Committee.
General Fred Vetter addressed the committee to assure members that the firm (Hayes, Seay, Mattern & Mattern, Inc.), that the City has selected to provide design services for the construction of a Recreation Center at Schutte Park is a very highly qualified firm. He stated that they use a Recreational Facilities Master Plan which they follow explicitly. He indicated that they constructed a similar plan at Old Dominion University in Norfolk, Virginia which he believes to be a first class facility. He hoped that his comments would put member’s minds at ease regarding the Schutte Park project.
Mr. Leary noted that the funds for this project were budgeted and that the recommended price of $55,480 is below the amount budgeted.
In accordance with the recommendation of the Dover Recreational Facilities Committee, the Parks and Recreation Committee recommended that Council approve the selection of Hayes, Seay, Mattern & Mattern, Inc. at the price of $55,480 to complete the design services for a Recreation Center at Schutte Park.
Mrs. Malone moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met prior to the Council Meeting on January 12, 1998 with Chairman Salters presiding. Chairman Salters reported that one of the items from his report requires immediate Council action. The remaining items will be reported to Council during their January 26th Council Meeting.
Purchase of Security Cameras & Monitoring Equipment - Police Department
When the Police Department facility was expanded, it was designed without surveillance cameras for individual cells, cell entrance areas, and some common areas in the new cell block. In order for this deficiency to be corrected, the addition of 14 cameras must be purchased for the sake of public safety, and to meet insurance requirements. The costs involved were not budgeted; however, funding was sought and successfully obtained from the Federal Local Law Enforcement Block Grant Program in the amount of $54,163 for the purchase of 14 security cameras.
The Police Department received a proposal from Artron Products that will provide 14 security cameras, installation of modified software to integrate into their current security system, and installation of a dual chassis multiplex monitoring system, which will allow for continuous monitoring and recording of 16 cameras simultaneously. The total bid price was for $27,485. In order to maintain the integrity of our current security system that was designed, installed, and put into operation by Artron Products, no other bids were solicited.
Staff indicated that the purchase will be made under the exceptions granted for sole vendors and for continuity of service as listed in the City’s Purchasing Policy. Equipment expenditures for the remaining funds in the federal grant ($26,678) have not yet been identified.
Mr. Salters noted that security cameras and monitoring equipment will be purchased with funds from the Federal Local Law Enforcement Block Grant Program.
The committee recommended approval of the purchase of fourteen (14) security cameras and required equipment from Artron Products at a price of $27,485.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - NOVEMBER 1997
By motion of Mrs. Malone, seconded by Mr. Leary, the following monthly reports were accepted:
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Referring to the Planning and Inspections Report, Mr. Leary noted that the report indicates the proposed demolition of the Ice Plant property. He requested a status report on the property.
Mr. DePrima stated that a contract to purchase the property was recently signed. The Inspections Department will work with the new owners on demolition of the portion of the building damaged by fire and he will keep Council informed on all progress.
Mr. Leary moved for approval of the Planning and Inspections Report, seconded by Mrs. Malone and unanimously carried.
APPOINTMENTS - ST. JONES GREENWAY COMMISSION - THREE YEAR TERMS
Mayor Hutchison recommended the following reappointments to the St. Jones Greenway Commission, for a three year term to expire on December 31, 2000.
Dr. Robert Gorkin
Mr. Michael P. Mercer
Mr. John R. Maxted
Mr. Carey moved for approval of the appointments as recommended by Mayor Hutchison, seconded by Mr. Leary and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of December 8, 1997:
Mrs. Malone moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Art. V, Section 19.5-40 - Voluntary Tax Credits for Preservation, Restoration and/or Rehabilitation of Historic Properties
Mr. Leary moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 19.5 Taxation, of the City of Dover, Delaware Code of Ordinances, by adding a new Article V. Tax Credits for Historic Properties to read as follows:
ARTICLE V. TAX CREDITS FOR HISTORIC PROPERTIES
Section 19.5-40 Voluntary tax credits for preservation, restoration, and/or rehabilitation of historic properties.
Owners of historic properties located in the Dover Historic District Zone, as shown on the City of Dover Zoning Map, or properties listed on the National Register of Historic Places may be entitled to tax credits for preservation, restoration, and or rehabilitation of the exterior architectural facades of their buildings, subject to the following special procedures and requirements:
(a) Tax credits shall be applicable only for preservation, rehabilitation, and\or restoration of exterior architectural improvements which are not covered by insurance claims due to recent damage of the property.
(b) Tax credits shall be provided at 50% of the total cost of the approved preservation, restoration, and/or rehabilitation up to a maximum credit of $6000 (with a total project cost minimum of $12,000). The cost of the project must be at least $1,200 resulting in a minimum tax credit for the project of $600.
(c)Tax credits shall run with the property for a ten (10) year period. However, the credit shall not transfer to any new owners of the property.
(d)Tax credits shall be prorated over the ten (10) year period. For example, a $6000 credit shall be applied in $600 increments each year toward a property owners City real estate tax. If the credit is less than the annual tax due on a property, the owner shall pay the difference to the City through the real estate billing process. If the credit is more than the annual tax due on a property, the owners credit shall be deemed to be equivalent to the annual tax due.
(e)The owners of a property may apply more than once for tax credits however, the total credit shall not exceed $600 per year in any given year, and a property may not receive a total abatement greater than $12,000.
(f)Eligibility period shall be from January 1, 1998 to December 31, 1999.
Section 19.5-41 Application requirements for voluntary tax credits for preservation, restoration, and/or rehabilitation of historic properties.
Property owners shall submit a Historic Tax Credit application, and when applicable a building permit application to the Historic District Commission.
(a)The application and related information shall be submitted to the City Planner at least thirty (30) days prior to the Historic District Commission meeting at which review or approval is requested.
(b) Tax credit request submittal shall include the type and number of plans and specifications required for a building permit and, in addition elevation plans and specifications showing the impact of the proposed work on the exterior architectural facade of the building.
(c) Tax credit application submittal shall include current color photographs of the property showing the present condition, accurately representing the existing materials and texture. All photographs shall be labeled indicating direction of view.
(d) Other information may be required by the City Planner to facilitate review of such tax credit submittal.
(e) Itemized cost estimate which shall be the basis for the tax credit.
Section 19.5-42 Review and approval of voluntary tax credits for preservation, restoration, and/or rehabilitation of historic properties.
The Historic District Commission shall first review the submitted applications, plans, photos, and related information to determine if the property is a qualifying historic property.
(a) In making this determination the Commission shall consider the following:
(1) The properties significant value as part of the historical, cultural, artistic, social, ethnic or other heritage of the nation, state or city;
(2) The property’s association with an important person or event in national, state, or local history.
(3) Whether the property is representative of the distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, craftsmanship, method of construction or use of indigenous material;
(4) Whether the property is the notable work of a master builder, designer, architect, or artist whose individual genius has influenced an era;
(b) If the Historic District Commission determines that the property is a qualifying property they shall review the submitted application plans, specifications, and related information for compliance with the following:
(1)The proposed application constitutes an exterior preservation project seen readily from a street, sidewalk, or public way where measures are applied to sustain the existing form, integrity, and material of the building or structure including stabilization work where necessary, as part of ordinary maintenance and repair, or
(2)The proposed application constitutes an exterior rehabilitation project readily seen from a street, sidewalk or public-way which would return the property to a state of utility through repair or alteration which makes possible an efficient use of the building, while preserving those portions or features of the property which are central to its historic, architectural, and cultural significance; or
(3)The proposed application constitutes an exterior restoration project readily seen from a street, sidewalk, or public way which accurately recovers the form and detail of a property and its setting as it appeared at a particular period of time in the past by means of removal of later work or by the replacement of missing earlier work.
(4)The proposed application conforms with the recommended practices and treatments of the Design Standards and Guidelines for the City of Dover Historic District. Practices and treatments designated as not recommended or inappropriate in the guidelines, or determined by the Historic District Commission to be inappropriate shall not qualify for this tax credit.
(c) The Historic District Commission after reviewing whether the proposed project is eligible and conforming with the requirements of these sections, shall by a majority vote of members present at a publicly held meeting approve, approve with conditions, or disapprove the tax credit request. The Applicants shall have the right to appeal a tax credit disapproval to City Council.
(d) Upon the completion of the work for which a tax credit has been approved, the property owner or their contractor shall submit to the City Planner a written expense report which verifies the costs associated with the project and shall request an inspection of the completed work by the City Planner.
(e) The Tax Assessor shall apply approved tax credits during the fiscal year subsequent to the submittal to the City Planner by the applicant of the contractors final invoice to verify the cost of the repairs to the building and following certification from the City Planner that the work has been completed in accordance with the approval of the Historic District Commission.
ADOPTED: January 12, 1998
Sec. 2-7 - City of Dover Medal (CDM)
Mr. Leary moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Section 2-7, City of Dover Medal, subsection (g), Nomination Procedures, in its entirety and inserting in lieu thereof the following:
(g) Nomination procedures. Nominations for a CDM shall be submitted to the City Clerk’s Office to be forwarded to the awards committee for their review and recommendation.
(1)Nominations for a gold CDM, or a silver CDM for lifesaving must contain a minimum of three (3) sworn statements describing the act or actions upon which the nomination is based. Additional documentation such as print media, photographs and diagrams should accompany the nomination.
(2)Anyone may enter a nomination for award of a CDM, other than city police department nominees or volunteer firemen, which nominations shall contain a statement from the respective department chief.
(3)Nominations of trained and/or certified medical personnel under (c)(4) above shall be reviewed by a medical doctor selected by the awards committee, to determine eligibility based upon the achieved training level of the nominee.
ADOPTED: January 12, 1998
Proposed Budget Ordinances - Revisions #2
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amounts hereinafter named in the various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1997 and ending June 30, 1998:
A. GENERAL FUND - REVENUES
CURRENT +ADDITION/ REVISED
REVENUE BUDGET -REDUCTION ESTIMATE
Library Revenue - County Reimbursement $170,625 +94,163 $264,788
Police Extra Duty Fee 180,000 -110,000 70,000
Municipal Street Aid 419,000 +141,820 560,820
Police Related Grant 178,611 71,389 250,000
B. GENERAL FUND - EXPENDITURES
CURRENT +ADDITION/ REVISED
DEPARTMENT BUDGET -REDUCTION ESTIMATE
Police $7,454,583 +6,225 $7,460,808
Environmental Expense -0- +9,000 9,000
Budget Balance (6/30/98) 716,311 +182,147 898,458
C. WATER/WASTEWATER FUND - REVENUES
CURRENT +ADDITION/ REVISED
REVENUE BUDGET -REDUCTION ESTIMATE
Water Tank Space Leasing $24,000 +18,500 $42,500
Interest Transfer 20,000 +294,199 314,199
D. WATER/WASTEWATER FUND - EXPENDITURES
CURRENT +ADDITION/ REVISED
DEPARTMENT BUDGET -REDUCTION ESTIMATE
Water $928,560 +55,000 $983,560
Wastewater 678,995 +55,000 733,995
Right of Way Fee -0- +260,000 260,000
Budget Balance - Water/Wastewater (6/30/98) 411,744 -57,301 354,443
E. ELECTRIC REVENUE FUND - REVENUES
CURRENT +ADDITION/ REVISED
REVENUE BUDGET -REDUCTION ESTIMATE
Interest Transfer -0- +$598,687 $598,687
F. ELECTRIC REVENUE FUND - EXPENDITURES
CURRENT +ADDITION/ REVISED
DEPARTMENT BUDGET -REDUCTION ESTIMATE
Right of way fee -0- $260,000 $260,000
Budget Balance (6/30/98) 1,119,538 +338,687 1,458,225
ADOPTED: January 12, 1998
Mr. Carey moved to adjourn, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 7:50 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 12, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB