COUNCIL COMMITTEES
The Council Committees Meeting was held on June 12, 2000, at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Salters, and Mr. Weller. Mrs. Malone and Mayor Hutchison were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. McGlumphy and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Carey and Gorman, and Mr. Merritt.
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.
Mr. Karia, Finance Director/Treasurer, explained that the City’s current economic and employment factors in and around the area are positive and the need for the incentives has decreased. The City’s property tax rate is relatively low, thus, the burden on new businesses will also be comparatively low. He noted that the City’s property tax rate has remained the same since 1993 and the assessed values are as of 1990; therefore, the property tax receipt from the additional buildings for these new businesses becomes a more useful source of funds. Mr. Karia stated that the City’s property tax receipt is a major source of revenue for the General Fund services. The demand for and the cost of these services continues to rise every year. Therefore, property tax receipts from the growth of the City are a source in paying for these increases in operating costs.
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. Mr. Karia explained that the City also has a downtown development incentive program specifically for the downtown area and that the recommendation would not affect this program.
Responding to Mr. Carey, Mr. Karia stated that nine (9) businesses have been approved for the tax abatement program since its inception in 1993. He noted that one (1) of the businesses would have qualified for the tax abatement in accordance with the downtown development incentive program; therefore, eight (8) businesses have been considered for calculating purposes. Mr. Carey relayed concern in eliminating an incentive for businesses to expand, as well as move into the City of Dover.
Concurring with Mr. Gorman, Mr. Karia assured members that if the city-wide development incentive program is eliminated, Council would retain the flexibility to use such incentives on an as needed basis.
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.
Responding, Mr. Karia stated 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.
Mr. Merritt moved to recommend 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 (Attachment #1), as recommended by staff. The motion was seconded by Mr. Gorman and unanimously carried.
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 of the Regular Council Meeting of April 24, 2000, the City Solicitor prepared an ordinance amendment by creating a new Section 19.25 to Chapter 19 - Streets, Sidewalks, and Public Places, Article II - Street Construction, of the Dover Code. The amendment would establish a procedure for considering requests for street name changes for the committee’s review and recommendation.
Mr. Gorman moved to recommend 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 (Attachment #2), as submitted. The motion was seconded by Mr. Carey and unanimously carried.
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.
Mr. Carey moved to recommend adoption of the ordinance amendments to Article IX - General Employee Pension Plan and Article X - Deferred Compensation Plan (Attachment #3), as recommended by the Civilian Pension Board. The motion was seconded by Mr. Gorman and unanimously carried.
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.
Mr. Gorman recommended approval of the proposed interim sign regulations by adoption of the proposed zoning ordinance amendments as recommended (Attachment #4). The motion was seconded by Mr. Salters and unanimously carried. (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.).
Purchase of a 15,000 GVWR Utility Tree/Landscape Truck with 11' Dump Body
Bids were solicited for a 15,000 GVWR Utility Tree/Landscape Truck with 11' Dump Body to replace a 1987 C60 Chevy Dump Truck, with a trade-in option on the C60 Chevy Dump Truck.
Staff recommended that the bid be awarded to the low bidder, Schodorf Truck Body & Equipment Co. in the amount of $35,995 for a new 1999 Chevy utility tree/landscape truck to include the trade-in of the 1987 C60 Chevy Dump Truck. Funds for this purchase are available in the Grounds Division budget. Since the amount budgeted was $29,136, the shortfall will be covered by funds from the maintenance equipment purchase account. It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Mr. Salters moved to recommend approval of staff’s recommendation and that this matter be presented to Council later this evening for action. The motion was seconded by Mr. Gorman and unanimously carried.
Meeting Adjourned at 6:33 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Truitt presiding. Members present were Councilmen Carey and McGlumphy, Mr. Martin and Mr. Wolfe.
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.
Mr. McGlumphy moved to recommend approval of the request as recommended by staff and the Planning Commission. The motion was seconded by Mr. Wolfe and unanimously carried.
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. 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 by the committee.
Meeting Adjourned at 6:58 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Weller presiding. Members present were Councilmen Pitts and Truitt, and Mr. Nichols. Mr. Kramedas was absent.
Acceptance of Dedication of Rights-of-Way and Utilities - West Rustic Lane
The developer of the Lowes Home Improvement Store requested that the street (West Rustic Lane) and utilities constructed for access to the site be accepted for maintenance and ownership by the City of Dover. A map was provided that depicted the general location and configuration of the rights-of-way. After construction was completed, staff inspected the public improvements and provided the developer with a list of repairs to be made to meet City standards and specifications and all work has been completed. A one year Maintenance Agreement and Bond, in addition to a Release of Liabilities have been submitted by the developer, and as-built drawings have been provided to the City for record purposes.
Staff recommended acceptance of dedication of rights-of-way and utilities for West Rustic Lane, as follows:
Utilities
12" Ductile Iron Water Main - 1,030 l.f.
6" Ductile Iron Water Main - 35 l.f.
12" Gate Valves - 2 each
6" Hydrant Valves - 2 each
Fire Hydrants - 2 each
Roads
West Rustic Lane - Station 0 + 00 to Station 9 + 36
Note: The private pump station which is located on the property is excluded from this dedication.
It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Mr. Nichols moved to recommend approval of the acceptance of dedication of rights-of-way and utilities for West Rustic Lane, as recommended by staff and that this matter be presented to Council this evening for action. The motion was seconded by Mr. Truitt and unanimously carried.
Bid - 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis (Contract #2000-05)
In conjunction with the revised FY2000 budget, staff requested permission to evaluate the purchase of a new 22 Cubic Yard Automated Side Loading Refuse Body complete with Chassis. The new equipment would replace City Vehicle #441, which has more than 450,000 miles on the chassis. The maintenance costs for this vehicle have been substantial over the past few years and it has been slated for disposal at this year’s City Auction. Staff solicited bids reflective of the current automated fleet’s standards and specifications, with the following bids received:
Heil Equipment Co. of Philadelphia, Inc. Conshohocken, PA $133,427
GranTurk Equipment Co., Inc. Bridgeport, PA $122,745
In evaluating the bids, staff determined that the low bid is for equipment that does not meet the specifications. It was also staff’s opinion that the City should not deviate from the Heil Rapid Rail System since it is meeting the City’s demands and is serviceable by in-house labor. Funding for this purchase is provided in the Sanitation Department’s FY2000 revised budget.
Staff recommended that the bid be awarded to Heil Equipment Co. of Philadelphia, Inc., in the amount of $133,427 for the purchase of one (1) 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis. It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Mr. Truitt 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 Mr. Nichols and unanimously carried.
Bid - All Wheel Rubber Tire Backhoe with Loader (Contract #2000-06)
In conjunction with the Department of Public Works FY2000 operating budget and the CIP, bids were solicited for one (1) All Wheel Drive Rubber Tire Backhoe with Loader. The following bids were received:
Alban Tractor Co., Inc. Baltimore, MD Caterpillar 416C $56,650
First State Equipment, Inc. Smyrna, DE New Holland 575E $59,385
Staff evaluated both bids and determined that each bid was within the acceptable range of the parameters outlined in the bid package. In addition, the equipment included in the low bid is considered to be superior equipment for the intended uses in the Construction Division. The equipment would replace a 1997 New Holland Backhoe that will be transferred to the Water/Wastewater Division upon delivery of the new equipment. Funding for this purchase is provided in the Construction Division’s FY2000 budget.
Staff recommended that a purchase order be issued to Alban Tractor Co., Inc. in the amount of $56,650 for the purchase of one (1) Caterpillar 416C All Wheel Drive Rubber Tire Backhoe with Loader. It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.
Mr. Truitt 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 Mr. Nichols and unanimously carried.
Mr. Truitt moved for adjournment, seconded by Mr. Weller and unanimously carried.
Meeting Adjourned at 7:10 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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