July 20, 2023 Minutes

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 The Meeting of the City of Dover Historic District Commission was held on Thursday, July 20, 2023, at 3:55 PM (late start due to technical difficulties) as an In-Person meeting in the City Hall Conference Room (anchor location) and virtually using the videoconferencing system WebEx. With Chairman Czerwinski presiding, the other members present were Mrs. Mason, Mr. Street and Mrs. Ellen H. Richardson the newest member. Ms. Horsey was absent. Mrs. Melson-Williams also noted that the reappointments occurred for Ms. Ann B. Horsey and Mrs. Mary T. Mason. Mrs. Richardson was welcomed as a new member to the Historic District Commission. Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Maretta Savage-Purnell, Mr. Julian Swierczek, and Ms. Katherine Oehmke. APPROVAL OF AGENDA Mrs. Mason moved for approval of the agenda as presented, seconded by Mr. Street, and the motion was unanimously carried 4-0. Ms. Horsey was absent from the meeting. ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION MEETING OF MAY 18, 2023 Mrs. Richardson moved for approval of the Meeting Minutes of May 18, 2023, seconded by Mr. Street and the motion was unanimously carried 4-0. Ms. Horsey was absent from the meeting. COMMUNICATIONS & REPORTS Summary of Applications for 2022 and 2023 Mrs. Melson-Williams mentioned that included in your packet first is the Summary of Applications for 2022 and 2023. This includes the Kent County Family Courthouse and Parking Garage project that you will hear a little bit more about today. I do have Final Plans in my office for that project. The other item from 2022 is the building on Loockerman Street which of course was demolished. From 2023, there were a couple of projects. The Parking Lot for 34 The Green has achieved its Final Plan approval. That was the parking lot improvements associated with the Kent County Family Courthouse bigger project. For the Fence Permit that you looked at in May for 147 South New Street, they have been working on the construction of that fence. She asked if there were any questions on Applications from the last couple of years; there were none. Summary of Architectural Review Certifications for 2023 Mrs. Melson-Williams stated that through the end of June, there had been a total of 22 Permits in the Historic District. Staff have been busy and most of them were eligible for Staff approval except for one. There are three interior Building Permits projects where there is no Architecture Review Certification needed. The Historic District Commission was involved in the Fence Permit at 147

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 South New Street that was ultimately approved for a wood fence that would be allowed at 6-feet in height. Fences and Signs seem to be the leading types of permit applications we've seen for the first 6 months here of 2023. Chairman Czerwinski asked about Permit number 23-1025 the Grey Fox Grille and Public House at 140 S. State Street for windows. It states that all windows follow the same size and reconfiguration. What are the details of those windows? Usually when you replace those windows, because those are original sash windows on that building, they're replacing them with I assume modern. I am kind of curious about what kind of windows they went with. Mrs. Melson-Williams replied that the windows for that project have to have the same operating characteristics; so, a double hung window. Some of the windows at that location had previous storm windows applied to the outside. This is a window project, and they are all different shapes and sizes. They have to go into the same space, and you can't make the opening smaller or bigger. They would have the same kind of window grid pattern for the series of lights with them. It is a project that has some grant funding behind it as part of some of the Downtown Critical Improvements Initiatives and this will greatly improve energy issues with that building. Chairman Czerwinski mentioned that it is noted that those windows are the original sash windows to that building. That's kind of historic nature that they were placing it with modern windows, and he understands that it's been noted. Department of Planning & Inspections Updates Mrs. Melson-Williams mentioned that we have a new Code Enforcement Officer that will be starting next week in the Department and that will bring us to full staff for the moment. It is of course the time of year where grass grows; so, a lot of Code Enforcement is dealing with tall grass issues citywide. This is also the time of year for Business Licensing renewal. There are over 3000 Business Licenses that the City issues each year. Planning Staff continue to be busy with various Applications and especially Site Plans moving through the various review processes from Planning Commission or admin processes and then to have them get to Final Plan approvals. NEW APPLICATIONS -None NEW BUSINESS Review of Permits Referred to Commission HI-23-03 Referral of Sign Permit #23-987 at 43 The Green – Referral by the City Planner to the Historic District Commission for Review of Architectural Review Certification for a Sign Permit #23-987 for a 9-square-foot informational kiosk sign inside the fenced property to the left of John Bell House at 43 The Green. This will be a cork board with a locking plastic cabinet for the posting of information relating to activities with the First State Heritage Park. The property is zoned RG- O (General Residence and Office Zone) and subject to the H (Historic District Zone). The property is located on the southeast corner of The Green. The owner of record is the State of Delaware. Address: associated with 43 The Green; placement location is 45 The Green. Tax Parcel: ED-05- 077.09-05-29.00-000. Council District 4. 2

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 The applicant, Ms. Nicole Worthley, has joined us online. Ms. Nicole Worthley stated that she is the Superintendent of First State Heritage Park and we oversee the John Bell House which is located at 43 The Green. Ms. Katherine Oehmke gave a summary of Application HI-23-03. This is an application for a Sign Permit that was filed for a sign at 43 The Green. They would like to take down the old sign on Federal Street and use the location on The Green for this new informational kiosk with a locking faux wood plastic cabinet that will be about 6-feet tall. Representative: Ms. Nicole Worthley, Superintendent of First State Heritage Park. Ms. Nicole Worthley stated that the sign we have on Federal Street is in pretty bad disrepair. The wood is rotting out and we would have to demolish it to replace it anyway. The Biggs Museum of American Art is no longer the Welcome Center for First State Heritage Park so it doesn't really make sense for that sign to be there. We are hoping that having the informational kiosk to the left of the Bell House will provide better information for visitors coming to The Green. As Ms. Oehmke stated it is plastic, but it's designed to look like faux wood. It'll be that light brown color that you see on the one side in the photo. Ms. Oehmke stated there are other colors available, correct? Ms. Nicole Worthley replied yes. Mrs. Ellen Richardson asked if it would be locked or would the public be able to open it up. Ms. Worthley replied that yes, it will be locked. Mrs. Mason mentioned that she thinks it's a great idea. We have been wanting something like this for years and I think it's wonderful. I think it's a good size. Chairman Czerwinski asked is there any particular reason why you went with plastic instead of wood or metal? Ms. Worthley replied that it lasts longer. Honestly, a lot of the wood signs that have been put up by First State Heritage Park in the past like this information sign have deteriorated. Our budget just doesn't support having to fix something every couple years; so, this would just ensure the longevity of it. Chairman Czerwinski asked what about the black metal structure instead of plastic. I have a problem with plastic. You can make plastic look like faux wood. When dirt and water attach to it, you can tell it’s plastic regardless of its color and if it’s faux wood or not. I have a problem with it being plastic instead of wood and sticking with the original materials. You are next to John Bell House, and I would think personally that you probably want to stick with the original wood or metal. Mr. Street had a question. The Staff Report references that it's not addressed the standalone signage. I'm looking through our Guidelines. Where does it talk about standalone signs? Ms. Oehmke replied on page 5-8 under Inappropriate (third bullet point) which states: “Hanging, projecting and freestanding signs were typical of the Colonial and Federal periods of architecture. Their use in the late 19th/early 20th century Loockerman historic context is inappropriate.” 3

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 Mrs. Mason asked Ms. Worthley if she got the prices between wood and plastic. She realizes the upkeep is less for plastic. Ms. Worthley replied she did not. I only looked at prices and designs by this company. Ms. Oehmke asked if the concern with the price (of using wood), was the upkeep? Ms. Worthley replied yes. Mr. Street said, if they're going to put a sign up, it should blend in and stand out. Mrs. Mason mentioned that you might not be able to see it if it blends in. Mr. Street stated that if you look at our Guidelines, it also talks about signage for pedestrians. Again, we get into the materials issue where we just want to be able to update. Chairman Czerwinski mentioned that in this case you’ve got a black metal fence right there. I would think that a black metal would be more appropriate. The black metal would complement the fence instead of brown. They are trying to show an exposed wood brown sign which is really inappropriate. There is nothing exposed that lived there and so it doesn't fit in. Like it says in our Guidelines, it's inappropriate to have a free-standing sign like that. That's not what bothers me. It's the materials above everything that need to compliment the John Bell House because we are talking about the most historic part of Dover. Then you're going to put a plastic sign right on The Green. I can understand the deterioration of the wood. If that's an issue, then I would think that they should go with the metal. A black metal sign to complement the fence line. I just find it completely inappropriate for the plastic sign. Ms. Oehmke did a quick search from Google for a metal kiosk sign. As you can see from the fact that is $609 and looking it up real quick here's one and it's $1766. This is probably more in line with what you're looking for, but there is a significant price difference. Chairman Czerwinski mentioned that this is a State/National Park that this sign is actually sitting in. So for me, I think materials are everything. I don’t have any problem with the glass being clear plastic as long as it is strong. Mr. Street recommended approval of the request of a sign for Permit #23-987 provided that the materials of the sign itself be upgraded to either black metal or painted preserved wood. The motion was seconded by Ms. Mason and unanimously carried 4-0. Ms. Horsey was absent from the meeting. Ms. Worthley asked what color do you want the paint to be on the wooden sign? Chairman Czerwinski replied probably to match the John Bell House or black. Mrs. Melson-Williams stated that the motion basically grants the Architectural Review Certification with conditions. So Nicole, what we probably would have you do is provide updated information with what you're choosing to go with either the black metal or a painted wood option before we process out the permit. You can work with Staff to submit that revision to the permit. Ms. Worthley replied okay and thank you so much. 4

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 Revised Request for Architectural Review Certificate HI-22-03 New Courthouse at South Governors Avenue and West Water Street: Revision for Fence Alternative – Update on Revision for Fence Alternative and Review of Architectural Review Certification for this expanded use of six-foot metal fencing in parking lot area. This is associated with the Site Development Plan Application to permit the construction of a five-story 105,259 GFA government building to serve as the new Kent County Family Court. The proposal also includes a five-story Parking Structure (425 vehicle parking spaces), parking lot, and other site improvements. The consolidated property consists of total of 3.7499 +/- acres. The property is zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone), as well as the H (Historic District Zone). The property is located on the east side of South Governors Avenue between West Water Street and Bank Lane. The owner of record is the State of Delaware. Addresses: 415 S. Governors Avenue (Parking Garage), and 445 S. Governors Avenue (Courthouse). Tax Parcel; ED-05-077.09-03-37.00-000. Council District 4. Architectural Review Certification for HI-22-03 was recommended for approval by the Historic District Commission. Representative: Mr. William (Bill) Lenihan, AIA Owner, Principal -Tevebaugh Architecture Mr. Lenihan stated that he was representing the State of Delaware and the new Kent County Family Courthouse. Mrs. Melson-Williams gave a summary of Application HI-22-03. This is a Permit for the Revision for a Fence Alternative and Review of Architectural Review Certification for this expanded use of six-foot metal fencing in parking lot area. Originally you saw the overall Courthouse project back in 2022. The Application also went through Site Plan review with the City’s Planning Commission and that's where the Architectural Review Certificate for the entire project was actually granted. With the previous review of this, you did grant approval for the use of a 6-foot metal fence in this general area, but it was screening of what we'll call the mechanical area for the project located at the rear of the building. It is located to the rear of the property; however, it is going to be more visible from Water Street than previous locations of the fencing on the property. They are asking, as I noted for a 6-foot-high fence, and it would be a black metal fence. It does make some changes to the parking lot in that area. Mr. Lenihan stated that he did bring in a few overall renderings of the Courthouse and the Parking Structure as Mrs. Melson-Williams mentioned. As you can imagine, with the project and the scale its cost has risen over time. Right now, we are getting bid packages. The sitework, foundations, and steel will be coming very shortly, then the balance of the whole envelope. The whole Parking Structure will be coming in August. Later this summer or early fall will be all the Interior features. As we're collecting these bids and finding out the true cost of everything, we are comparing it with our estimates. We are interjecting some Alternates for pricing so when the prices come in, we can see if we need to adjust things to stay on budget as much as we can. One of the items as you can see is the bridge connector here between the Courthouse and the Parking Structure. That is the bridge that goes right from the second-floor chambers for the commissioners and judges over into a stair tower elevator and to a secure parking area for 5

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 judicial officers. Because it's a security feature we really hope to have that in there, but because it's a high-ticket item we decided to raise it as an alternate. In doing so, we have the original Site Plan as we've mentioned. This is our kind of rear service yard with Water Street and South Governors Avenue. Here in the back, we have our dumpsters, mechanical chillers, generator, and transformer. We needed this to be a secure area, so we previously had approved a 6-foot-high fence following this red line here with the gate at both ends. For the balance of that property line, there is a four-foot-high fence there now and a new one to match the existing one. It would be the 6-foot fence on the left and the 4-foot fence on the right. These are the previously approved items, and we will just use them as we go forward. If we do not have judicial parking within the Parking Garage, we would need to place it here in the parking lot. So, currently the 6-foot-high fence comes to here (pointing to the plan) and we would extend it for these 6 more parking spaces over and then down. So, this portion of it here is about 20-feet or so which was technically visible from Water Street. Now there's another fence in there going 65 feet additional that could be seen from Water Street. This business is back from Water Street and is in a neighborhood of 100-feet back. We will have a standard parking lot screening to meet the City of Dover standards. We will then have vehicles in the parking lot at certain hours of the day as well. Could you physically see parts of this 6-foot fence in between the plantings and the other vehicles? Yes, but it will not be a predominant feature because it is so far back. Also, State Street is way up here. We have over 180 feet plus to where we get into the other structures there. So, this is an Alternative because the bidding process is going on right now. We are requesting approval so that we can accept the bid for the bridge or not when it comes in. Chairman Czerwinski mentioned that he assumed the current Family Courthouse has secure parking. Mr. Lenihan replied, it does. Chairman Czerwinski asked if the horizontal bar security fence was being used? Mr. Lenihan replied, correct. We are using the horizontal bar out to here with the current approval and we would like to extend it to another 65-feet. Mrs. Mason mentioned that she was unclear about the border. That's not bordering on the backs of the houses on The Green, is it? Mr. Lenihan replied as he referred to her house and garage, that they have (Schmittinger and Rodriguez Law Offices) site here and it goes up to State Street and then we have the adjacent house. So right now, they have the fence all the way along the property line. So that style fence will remain and will be the new one which is 4-foot in height that is on the photo and that will match the existing one. We are asking for a longer portion of the 6-foot fence here to provide screening, so it is more obscure. That's why it's so tight, there's a little bit of space in between the sides there. Mrs. Richardson asked if you want to extend the shadow fence on one side of the judicial parking but not on the other side. Mr. Lenihan replied that it would go this far down but it would come around as well. It would go on all sides for security. Mr. Street added a food for thought. If you go over by Royal Farms at the corner of Saulsbury Road and North Street, across the street there's a secure facility. They have a chain link fence with slats, barbed wire and secured gates. I would much rather see this than that. It's for the Judges and Judicial Staff. It's secured and comes with the territory. 6

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 Chairman Czerwinski asked why it could not be used as a vertical beam instead of a horizontal one. Mr. Lenihan replied when we were looking, we didn't find vertical ones out of the metal that provided that level of screening. Chairman Czerwinski said yes, he was kind of confused because that kind of fence one would think is scalable, far more scalable than a vertical one if there was an intrusion issue. Mr. Lenihan replied he did not have the dimensions, but the clear, free air areas are very narrow. It would be hard to get a perch on them. Chairman Czerwinski the spikes at the top are more aesthetically pleasing and would create more improvement for security. He asked if the reason was to obscure vision. Mr. Lenihan replied, the bulk of it is mainly vision. Chairman Czerwinski asked so this is a secure fence with a secure access, right? Mr. Lenihan replied yes, this scheme here would have a bifold gate. It would be automatic electric operated as in the previous scheme. There are definitely trees within the landscaping plan. Mr. Street asked if there were provisions in the City Code. Mrs. Melson-Williams replied that there is a provision in the City Code for when parking is across the street from residential. This would not have that, but there certainly is landscape planting between Water Street and the rear property there. Mrs. Richardson asked a question for clarification you've already made the decision that you're not going to have that bridge in between. Mr. Lenihan replied that he did not know yet and no decision had been made. We hope to be able to afford the bridge and not have to extend the parking lot. It's a contingency plan based on what the price of the bids is when they all come and then we'll have to make a decision quickly which direction we need to go. That's why we're looking forward to getting this approval. Mr. Street moved to approve application HI-22-03 as presented for the 6-foot-high security fence with the alternate option if they need it. The motion was seconded by Chairman Czerwinski. Mrs. Mason and Mrs. Richardson abstained as they live 2 feet within the project. Ms. Horsey was absent. Mr. Lenihan also gave a little update regarding the work at the Box Outlet Site (Parking Lot Project) is ongoing. The State and the City continue to work together; there's a groundwater retention area underneath that parking lot that has been installed. That will help with the overall process and the new storm piping for the intersection flooding and things. It's one component of that which is being installed on the site. The utility work is going on there and then in the next following weeks they'll finish the project, the plantings, and the updated parking lot. On the main site here, the sitework, foundations, and steel for the Courthouse and structure for the Parking Garage is going to be awarded very shortly. Bids are coming in the next few weeks. The State procurement system takes a while before you get a Purchase Order. So, later this year we hope to start the earthwork on this site. The envelope of the building, windows, brick, and the roof is being bid and it's coming in around mid-August. Interior bids will be towards the summer. 7

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 Chairman Czerwinski asked about the storm drains and if there was going to be potential work going out onto the street as well? Mr. Lenihan replied that for the storm drains at the Box Outlet Site they're mainly just tying into the drainage basins. The City project I think just starts kind of southeast and goes all the way down to the St. James River. There will be some utility work for tying into the utilities infrastructure for the project as well as repaving the streets. A section of Bank Lane will be widened for two-way traffic. There will be a dedicated access way on the record in the easement for all the owners on State Street here to be able to use that as access since this part of the alley is going away. Mr. Street asked if the second access off Governors Avenue is public as well? Mr. Lenihan replied that it will be used but it will technically be State property. We didn't put the easement through the middle just in case 100 years from now we need to reconfigure the buildings or something like that then we wouldn't have the easement right through the middle of the site. It is not gated. OLD BUSINESS Certified Local Government (CLG) Program Mrs. Melson-Williams stated that as a reminder the City is a participant in the Certified Local Government program. I haven't heard anything recently on grant opportunities or the future training efforts. I figure we're in that transition of fiscal years, so we'll certainly keep you updated on that. Implementation of 2019 Comprehensive Plan Mrs. Melson-Williams mentioned there is a Historic Preservation chapter. We are working related to the Downtown Dover Strategic Master Plan that Mosaic did for the Downtown Denver Partnership. There is Staff and other folks working and taking a look at some of our Codes and Ordinances that pertain to the Downtown area. We will likely be bringing forward some amendments to those codes. We will certainly keep the Historic District Commission briefed about those. At this point, I don't know if we're making any changes to the Historic District regulations. Some other elements of how you do development in the Downtown area is what we have been looking at. There are things that are slightly problematic when you've got buildings that are property line to property line. How do you do tree planting and how do you do dumpster control for trash and recycling? We are looking at some of the other bulk standards and parking requirements as well. So, probably within the next 6 months here will be bringing forth a package of things that way. Chairman Czerwinski asked if there were any further questions. Mr. Street moved to adjourn the meeting, seconded by Chairman Czerwinski, and unanimously carried 4-0. Meeting adjourned at 4:39 PM Sincerely, 8

CITY OF DOVER HISTORIC DISTRICT COMMISSION JULY 20, 2023 Maretta Savage-Purnell Secretary 9