REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 26, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Major Mays, Mr. Cooper, Mr. O'Connor, Mr. Petit de Mange, Mrs. Green, and Mr. Rodriguez. Chief Carey was absent.
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 Reverend C. V. Holmes, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of item #3-C, Remarks by Mayor Hutchison. Mr. Weller moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 2000
The Minutes of the Regular Council Meeting of June 12, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
PRESENTATION BY COMCAST - DONATION TO DOVER RECREATIONAL FACILITIES COMMITTEE FOR THE REGIONAL COMMUNITY SPORTS AND RECREATION CENTER
On behalf of Comcast, Mr. Brian Lynch presented a check in the amount of $10,000 to the City of Dover for the efforts to build a Community Sports and Recreational Facility at Schutte Park. The check, which represents the second of three (3) installments of their cash contributions, was accepted by Mayor Hutchison and Mrs. Malone
Mrs. Malone reiterated appreciation for the support provided by Comcast and for taking the initiative last year in providing a cash donation for this endeavor.
CERTIFICATES OF RECOGNITION - DANCE CONSERVATORY - 2000 YOUTH AMERICAN GRAND PRIX REGIONAL WINNERS
The City Clerk read the following Certificate of Recognition into the record:
WHEREAS, the City of Dover is proud to have in its midst the Dance Conservatory - a school offering the young dancers of the community musical theater and performance classes and classes in ballet, pointe, jazz, and tap. The Dance Conservatory provides students with the best curriculum, faculty, facility, and environment while striving to develop well-rounded students. Recently, Dance Conservatory students and pieces placed 1st, 2nd, and 3rd in the Youth American Grand Prix Regional Competitions in Washington and Boston - vying against schools like the Kirov Academy and the Boston Ballet School, which are two institution schools that dancers from small private schools strive to be accepted into, and qualified for the Finals in New York City held April 7th through April 9th, 2000, being provided a rare opportunity to perform and be evaluated by respected names in the dance world; and
WHEREAS, in recognition of the hard work and dedication of the teachers, choreographers, and dancers of the Dance Conservatory, it is deemed an honor and privilege to present this
Certificate of Recognition to
The Artistic Director of the Dance Conservatory
Teresa Emmons
Dancers
Randall Crame MaryJarrell Little
Andrea Emmons Danielle Oldziey
Brett Emmons Andrea Swatski
2000 YOUTH AMERICAN GRAND PRIX REGIONAL WINNERS
Congratulations from the City of Dover
June 2000
Mayor Hutchison presented each member with a certificate. Mrs. Emmons thanked members for their support and recognition.
CERTIFICATES OF RECOGNITION - VALEDICTORIANS AND SALUTATORIANS
Certificates of Recognition were presented by Mayor Hutchison on behalf of the City of Dover, as follows:
Caesar Rodney High School
Catherine A. Boyd - Valedictorian Colleen T. Evans - Salutatorian
Dover High School
Sona M. Karia - Valedictorian Aaron Handler - Salutatorian
Polytech High School
Kristy L. Vodvarka - Valedictorian Stephanie Ryan - Salutatorian
Mayor Hutchison congratulated each of the students for their outstanding academic achievement and wished them well in their future endeavors.
REMARKS BY MAYOR HUTCHISON
Mayor Hutchison advised members that he recently met with General Charles T. Robinson, AMC Commander for Dover Air Force Base and officer in charge of the United States Air Force Airlift Command. Each year, the USAF selects a community that best supports their military base and awards a trophy. Mayor Hutchison announced that Dover, Delaware, was selected and will be awarded this recognition at an awards ceremony held next month.
PUBLIC HEARINGS - PROPERTY ASSESSMENTS APPEALS
During their Regular Meeting of June 12, 2000, members reviewed the property assessment appeals report and tabled action regarding the appeal for property owned by the House of Pride, Inc. and deferred action regarding the appeal for property owned by Mt. Zion A.M.E. Church.
House of Pride, Inc.
Mrs. Malone moved to remove from the table the property assessment appeal for the House of Pride, Inc., seconded by Mr. Weller and unanimously carried.
At the request of Council during their meeting on June 12, 2000, an investigation was conducted regarding the use of 110 S. New Street, which is owned by House of Pride, Inc. Mr. Cooper, City Assessor, advised members that the third floor consists of two (2) apartments that are currently rented to transient residents; the second floor consists of three (3) rooms and a kitchen; and the first floor consists of a common area for meetings, a computer room, an office, and a kitchenette all for use by the tenants and staff of the House of Pride. Mr. Cooper assured members that the use of property fulfills the requirements of the State of Delaware for tax exemption and recommended that the House of Pride, Inc. be granted tax exemption for property located at 110 S. New Street.
Mr. Weller moved to grant tax exemption for property located at 110 S. New Street, owned by the House of Pride, Inc., seconded by Mr. Salters and carried by a unanimous roll call vote.
Council President Christiansen reminded members that during their meeting on June 12, 2000, Council tabled action on all properties owned by House of Pride, Inc. which were being considered for tax exemption; therefore, action was required for properties located at 102, 38, and 37 S. New Street.
Mrs. Malone moved to deny the request for tax exemption for those properties located at 102, 38, and 37 S. New Street, owned by House of Pride, Inc. The motion was seconded by Mr. Weller and carried by a unanimous roll call vote.
Mt. Zion A.M.E. Church
After researching the properties that Mt. Zion A.M.E. Church requested tax exemption for, Mr. Cooper explained that four (4) of the properties (102, 106, 108, and 118 N. New Street) were granted exemptions in September 1998 when the property was acquired from Wesley College. He advised members that 120 N. Queen Street was formally 108, 112, and 114 N. Queen Street and have been combined to create a recently developed parking lot which does not have a tax exemption. Mr. Cooper recommended that 120 N. Queen Street be granted tax exemption.
Mrs. Malone moved to grant tax exemption for property located at 120 N. Queen Street, owned by the Mt. Zion A.M.E. Church, seconded by Mr. Truitt and carried by a roll call vote of eight (8) yes, and one (1) abstention (Mr. Salters).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 12, 2000 with Chairman Salters presiding.
Development Incentives - Proposed Ordinance Amendment - Article IV, Abatement of City Real Estate Taxes
In accordance with Chapter 19.5 - Taxation, Article IV - Abatement of City Real Estate Taxes, of the Dover Code, the City of Dover provides for the abatement of City real estate taxes for certain qualifying industries and businesses. This ordinance was adopted in 1993 to establish a city-wide development incentive program in an attempt to provide incentives for such businesses to expand or locate in the City thereby creating new employment opportunities for the citizens of Dover and ultimately strengthening the City’s tax base. This ordinance, as amended in June 1996, is the current development incentive program used by the City for new commercial/industrial buildings. This program provides a 10% reduction of property tax each year on a declining basis by waiving 100% of the tax the first year, 90% of the tax the second year, 80% of the tax the third year, and so on until the tenth year when 0% of the tax would be waived. The program is specifically for manufacturers, wholesalers, financial institutions, distributors, transportation, printing publications, food processing, and home offices with a $500,000 minimum new investment and at least 20 new employees, with at least 75% residing in Dover/Kent County. All other industries/businesses must have a $1,000,000 minimum new investment and at least 15 new employees, with at least 75% residing in Dover/Kent County.
Staff recommended that the city-wide development incentive program be phased out and no new applications for abatement of property taxes be accepted pursuant to Section 19.5-33 of the Dover Code effective July 1, 2000. It was noted that the City also has a downtown development incentive program specifically for the downtown area and that the recommendation would not affect this program. Members were assured that if the city-wide development incentive program is eliminated, Council would retain the flexibility to use such incentives on an as needed basis.
During the committee meeting, Council President Christiansen questioned if there was a contingency on the receipt of funds for the development of the Garrison Tract and if it was an incumbent part of the agreement as well as the Kent County Aeropark facility located on Horsepond Road. He suggested that consideration be given that would either provide for a special condition or allow an exemption for these projects. It was suggested by staff that if it is desired, if and when such industries are to be developed, an ordinance can be established specifically targeted for the industry such as a microchip plant, bank, etc.
The committee recommended adoption of an ordinance eliminating Article IV - Abatement of City Real Estate Taxes, Chapter 19.5 - Taxation, of the Dover Code, which will eliminate the city-wide development incentive program to become effective July 1, 2000.
Mr. O’Connor explained that since the current tax abatement ordinance is very broad, a revised ordinance will be developed for consideration at a later date that will be more specific to industry and businesses as discussed during the committee meeting.
Mr. Salters moved for adoption of the proposed ordinance, as recommended by the committee, seconded by Mr. Carey and carried with Mrs. Malone voting no. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance - Section 19.25 - Street Names, Procedure for Changing
During their meeting of April 10, 2000, committee members considered a request for a street name change. As a result, during the Regular Council Meeting of April 24, 2000, the City Solicitor prepared an ordinance amendment that would establish a procedure for considering requests for street name changes by creating a new Section 19.25 to Chapter 19 - Streets, Sidewalks, and Public Places, Article II - Street Construction, of the Dover Code.
The committee recommended adoption of the ordinance amending Chapter 19, Article II, of the Dover Code by creating a new Section 19.25 to establish a procedure for considering requests for street name changes, as submitted.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance Amendments - Article IX - General Employee Pension Plan and Article X - Deferred Compensation Plan
During the Civilian Pension Board Meeting of May 10, 2000, members recommended adoption of ordinance amendments to Article IX - General Employee Pension Plan and Article X - Deferred Compensation Plan of the Dover Code. The proposed amendments are housekeeping in nature and provide clarification and details as the result of the separation of the plans and have been reviewed and approved by the City Solicitor.
The committee recommended adoption of the ordinance amendments to Article IX - General Employee Pension Plan and Article X - Deferred Compensation Plan, as recommended by the Civilian Pension Board.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Zoning Ordinance Amendments - Sign Regulations
The City Planner, Mr. DePrima, reminded members that a Sign Amendment Advisory Committee was formulated to review the City’s sign regulations within the zoning ordinances. This committee has been meeting since December 1999, and although it has become apparent that the process will take longer than anticipated, there are certain aspects of the new ordinance that seem to be acceptable to everyone on the committee. In addition, there are some new and existing larger landowners and developers that support the proposed regulations for “Unified Campus and Complexes” and would like to have that portion adopted. Taking this into consideration, an interim ordinance has been prepared that includes parts of the new ordinance and retains those portions of the current ordinance that are ready for amending. Mr. DePrima explained that the Advisory Committee will continue to work on the ordinance to eventually replace the interim ordinance.
The proposed interim ordinance accomplishes the following:
► Places all existing sign regulations in one section.
► Changes the regulations from being “zone” based to “road corridor” based.
► Puts the existing sign type, area, number, height, and setback requirements into the new table format
► Keeps the existing regulations with respect to: General Provisions, Sign Definitions (except new definitions needed for the table), “Signs Permitted in All Districts”, “Gas Station Signs”, “Temporary Signs”, “Signs Prohibited in All Districts”, and “Non-Conforming Signs”.
► Adopts the following sections of the Proposed Ordinance that were generally acceptable to the committee: “Purpose Statement” (first paragraph only), “Illumination” (with changes from last meeting), “Unified Campus and Complexes”, “Signs located 100 feet or more from the Roadway”, “Single Buildings with Multiple Units of Facades”, and “Abandoned Signs”.
Mr. DePrima advised members that the Planning Commission reviewed and recommended adoption of the proposed amendments.
The committee recommended approval of the proposed interim sign regulations by adoption of the proposed zoning ordinance amendments as recommended. Since these are amendments to the Zoning Code, a public hearing is required. It is recommended that the public hearing be scheduled for July 10, 2000 at 7:30 p.m.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on June 12, 2000 with Chairman Truitt presiding.
Request for One-Way Street - Portion of Bradford Street
Members considered a petition from Wesley College requesting that the 100 block of North Bradford Street be permanently changed to one-way northbound from Division Street to Fulton Street. They also requested the reorganization of parking on that section of North Bradford Street to help address needs in the area. They offered to pay any costs for striping the parking areas as a result of the reconfiguration. In addition to Wesley College, the Campus Community School and the law firm of Grady & Hampton support the request.
The Planning Commission reviewed and recommended approval of the request. In formulating their recommendation, the Planning Commission considered the following:
► Wesley College owns all but two (2) of the properties on the block. The two (2) parcels fronting on North Bradford Street that are not owned or controlled by Wesley College are: 2 North Bradford Street, owned by C & W Auto Parts and 6 North Bradford Street, owned by John S. & Veronica A. Grady.
► The northbound traffic pattern was tested on a temporary basis and no apparent problems have been reported.
► The reconfiguration of the on-street parking produces an additional four (4) spaces, improved pick-up of students at the Campus Community School and generally causes more efficient use of the right-of-way.
► Property owners within 200 feet of the street were notified of the meeting and there were no comments received at the public hearing.
The committee recommended approval of the request as recommended by staff and the Planning Commission.
Mr. Truitt moved for approval of the request of Wesley College for the 100 block of North Bradford Street to be permanently changed to allow traffic one-way northbound from Division Street to Fulton Street, as recommended by the committee. The motion was seconded by Mr. Pitts and carried by a roll call vote of seven (7) yes and two (2) no (Mr. Salters and Mr. Weller).
Update - Early Warning System (Emergency Preparedness Director)
Since several citizens have expressed concern regarding an audible warning system in the event of a natural disaster, such as a flood or hurricane, Council President Christiansen requested the Emergency Preparedness Director, Mr. Don Knox, to address members regarding this issue and provided a brief over-view of the City’s Emergency Operations Plan.
Mr. Knox advised members that there is no audible warning system in the City of Dover other than the fire alarms. In the 1950’s, there were two (2) civil defense sirens funded by the Federal Government, however, due to the lack of federal funding for this purpose and the fact that they were never used during that time for emergency situations in the City of Dover, they were removed in 1978. Mr. Knox stated that the Robbins Hose Company currently has seven (7) sirens with two (2) tones for fire use, and that a third tone could be added on the sirens should Council so desire. The alert system currently in use in the City and throughout the State of Delaware is the emergency alert system (previously known as the emergency broadcast system), which is activated by the Delaware Emergency Management Agency (DEMA). Mr. Knox advised members that the City and County could request DEMA to activate the alert system should an emergency situation arise. This alert system is broadcast on radio stations WRDX FM 94.7, WDSD FM 92.9, WDOV AM 1410, and television stations WBOC 16, and WMDT 47, which provides Dover beneficial coverage for emergency situations. He explained other emergency awareness systems used by DEMA that can alert several agencies of an emergency situation.
Mr. Knox reviewed the City’s Emergency Operations Plan (DEOP) which provides a basis for coordinated emergency operations prior to, during, and after a disaster whether it would be man-made or natural. The Plan provides further planning guidance on emergency operations for the departments and agencies of the City as required by the Emergency Management Law outlined in Delaware Code Annotated, Title 20, Part II, Chapter 31. The Plan establishes the concepts, policies, and organizational structure under which the City will operate during an emergency. It consists of a basic plan followed by annexes of the departments within the City with their specific responsibilities during a disaster and/or emergency situation, and hazard specific annexes addressing a particular hazard. The Emergency Operations Center is located in the Police Station and can be up and running in less than an hour. Mr. Knox stated that periodic drills are held involving different City departments utilizing the Plan and advised members that due to the City’s close proximity and working relationship with the Dover Air Force Base, the City of Dover was one (1) of four (4) cities in the United States selected to help develop emergency response templates for situations involving chemical weapons of mass destruction and biological weapons of mass destruction. A tabletop “chemical weapons of mass destruction” drill involving Dover Air Force Base, Kent County, the State of Delaware, the Federal Bureau of Investigations, and the City of Dover will be held on July 11, 2000, and a “biological weapons of mass destruction” drill involving the same agencies will be held on July 18, 2000 and July 19, 2000.
There was no further action taken.
Mr. Truitt moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Carey and unanimously carried.
PARKS AND RECREATION - OPEN SPACE COMMITTEE REPORT
The Parks and Recreation - Open Space Committee met on June 12, 2000 with Chairwoman Malone presiding.
DELAWARE STATE UNIVERSITY - PRIVATIZED STUDENT HOUSING
The Delaware State University - Privatized Student Housing site consists of 15.8760+/- acres of land zoned I-O (Institutional & Office), located on the southerly side of College Road, approximately 1,970+/- feet east of McKee Road. The developer plans to construct four (4), three-story apartment buildings totaling 110,336 square feet, a 4,105 square foot rental office building, and a 557 square foot maintenance building.
Based on the number of student housing units proposed for Phase I (84 Units), this site development requires 23,100 square feet of active recreation space designed in accordance with the specifications described in Article V, Section 10, Subsection 10.14 of the Zoning Code. The total active recreation requirements for Phase I and Phase II (to be implemented when demand for additional units is needed) is 36,300 square feet and this plan proposes to provide 73,207 square feet.
The committee recommended approval of the proposal for open space for Delaware State University - Privatized Student Housing.
Mrs. Malone moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a roll call vote of eight (8) yes and one (1) no (Council President Christiansen).
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Weller and unanimously carried.
MONTHLY REPORTS - MAY 2000
By motion of Mr. Weller, seconded by Mrs. Malone, the following monthly reports were accepted by consent agenda:
Chief of Police Report
Planning and Inspections 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
APPOINTMENT BY COUNCIL PRESIDENT - CIVILIAN COMMITTEE MEMBER
Council President Christiansen recommended the appointment of Mrs. Diane M. Street to serve as the civilian committee member on the Legislative and Finance Committee.
Mrs. Malone moved for approval of the appointment as recommended by Council President Christiansen, seconded by Mr. Carey and carried by a unanimous roll call vote.
APPOINTMENTS - RECOMMENDED BY MAYOR HUTCHISON
Mayor Hutchison recommended the following appointments:
Dover Parking Authority - 5 Year Term to Expire July 1, 2005
Douglas A. Van Sant, Sr.
Mr. Carey moved for approval of the appointment as recommended by Mayor Hutchison, seconded by Mr. Truitt and unanimously carried.
Dover Public Library Commission - 5 Year Term to Expire June 16, 2005
Lois J. Dunning
Mr. Carey moved for approval of the appointment as recommended by Mayor Hutchison, seconded by Mrs. Malone and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Weller and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of July 10, 2000.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Weller and unanimously carried:
► CHAPTER 19.5 - TAXATION, ARTICLE IV - ABATEMENT OF CITY REAL ESTATE TAXES
► CHAPTER 19 - STREETS, SIDEWALKS, AND PUBLIC PLACES, ARTICLE II - STREET CONSTRUCTION, SECTION 19.25 - STREET NAMES, PROCEDURE FOR CHANGING
► ARTICLE IX - GENERAL EMPLOYEE PENSION PLAN AND ARTICLE X - DEFERRED COMPENSATION PLAN
FIRST READING - PROPOSED ORDINANCES
Mr. Weller moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Since these are amendments to the Zoning Code, a Public Hearing is required. It was recommended that the Public Hearing be set for July 10, 2000. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of July 10, 2000.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Salters and unanimously carried:
INTERIM SIGN ORDINANCE AMENDMENTS
► APPENDIX B, ARTICLE 3 - DISTRICT REGULATIONS
SECTIONS 1.15 (e), 8.17, 9.15, 10.14, 11.14, 12.15, 13.6, 14.16, 15.18, 16.2, 18.2, 19.16, 20.15, 26.5, AND 27.55
► APPENDIX B, ARTICLE 4 - SUPPLEMENTARY REGULATIONS
SECTION 4 - SIGN REGULATIONS
► APPENDIX B, ARTICLE 12 - DEFINITIONS
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 12, 2000.
Budget Ordinances - Proposed 2000/2001
Mr. Carey moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Weller and unanimously carried.
Mr. Carey moved for adoption of the following ordinances, seconded by Mr. Pitts and carried by a unanimous roll call vote:
GENERAL FUND - CASH RECEIPTS AND BUDGET FOR 2000/2001
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Seventeen Million Fifty-Five Thousand Nine Hundred Twelve Dollars ($17,055,912) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2000, and ending June 30, 2001:
1999/00 2000/01
Cash Receipt Estimates Revised Budget
Items
Prior Year Balance $1,625,521 $485,378
Fines and Police Revenue 446,030 478,030
Franchise Fees 0 0
911 Fee 74,000 74,000
Interest Transfers & Earnings 315,000 310,000
Library Revenues 37,059 41,500
Kent County Book Reimbursement 264,786 264,786
Business Licenses 1,011,443 1,067,841
Permits and Other Licenses 583,592 609,047
Miscellaneous Charges 84,714 25,550
Police Extra Duty 124,000 216,531
Property Taxes &#