PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee Meeting was held on April 11, 2006 at 1:05 p.m. with Chairman Sadusky presiding. Members present were Mr. Ruane, Mrs. Russell, Mr. Long, and Mr. Truitt. Others present were Mr. Carey, and Mayor Speed.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried.
Proposed Ordinance - Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings
During the committee meeting of March 27, 2005, members recommended that the City move forward with the development of a vacant building and lot ordinance, covering residential, commercial, and industrial properties and that this process involve the Parks, Recreation, and Community Enhancement Committee holding public evening meetings, along with the Planning Department. When the committee report was presented to Council for their consideration, members were advised that information had been received from other interested parties regarding the development of a vacant building ordinance. It was suggested that the matter be referred back to staff to provide them the opportunity to meet with all interested parties and report back to the committee. Members of Council, during their Meeting of April 11, 2005, referred the development of a vacant building and lot ordinance for residential, commercial, and industrial properties back to staff. Since that time, staff has met with the various interested parties for developing revisions to the City’s Vacant Building Ordinance, Chapter 22, Article XII, Section 22 of the Dover Code.
Ms. Cornwell, City Planner, reviewed and explained the comments and recommendations received thus far. At this time, the draft is presented to members for informational purposes only and comments. She stated that staff will continue to receive comments and will make revissions based on those comments to ensure that the final proposed ordinance will provide the best possible outcome regarding vacant buildings. Ms. Cornwell stated that staff relied heavily on the City of Wilmington in drafting the ordinance.
Responding to Mr. Carey, Ms. Cornwell noted that Section 22-404, Subsection (a), Paragraph (iv) requires all fees to be paid in full prior to the issuance of any building permits for the subject building or any other buildings owned by the applicant within the City of Dover. Mr. DePrima indicated that the Deputy City Solicitor had included owners that are listed as corporations, partnerships, etc. when the “clean hands” ordinance was developed. Mr. Carey explained that his concern was for those individuals who use various corporations to conduct business in the City and that there is no means of assuring individuals do not use this to their advantage.
Mr. Ruane requested consideration of including a requirement that taxes due to the City be paid in order to become properly registered.
Mayor Speed advised members that staff has often been criticized by City Council for not reaching out to the public on issues of consideration. At this time, staff is attempting to obtain comments from the various interested parties in order to develop a draft ordinance for consideration. Unless such comments are given to staff, they will not know what to include with the draft.
Mr. DePrima stated that staff is requesting guidance regarding other groups that members may feel should be contacted for comments. Mr. DePrima suggested that staff advertise and conduct a public hearing on the ordinance in order to develop a draft ordinance to present to the committee for their review and recommendation to Council. He felt that staff could schedule a public hearing and develop a draft ordinance for presentation to the committee during their meeting in June.
Mr. Lakeman suggested that an executive summary of the draft ordinance be prepared for distribution and comments be requested for consideration.
Mr. Ruane recommended notifying neighborhood associations to receive comments on vacant housing issues in their neighborhood. He also questioned if there should be consideration of a requirement for properties that have environmental issues to prove due diligence in preparing the property for occupancy.
Mayor Speed stated that the way the ordinance is written, there is no incentive for owners to register a property, nor is there a provision for a fine for not registering a vacant building. He suggested that all vacant buildings be registered and that the fee not be assigned to that registration so that the City could better ascertain their location and type and the responsible party. Then, staff could eliminate those buildings that are exempt. He suggested that fees should be collected by means of instituting fines for those buildings that are not registered. Mr. DePrima stated that it was not staff’s desire to require houses that are temporarily vacant pending a sales transaction or similar type of situation to register. He felt that the ordinance could be worded in such a way to prevent this from occurring. Mayor Speed also relayed concern with property being offered for sale at a cost of no more than up to 50% of market value [Section 22-400, Subsection (c), Paragraph (ii)], explaining that property offered for sale up to 50% over market would remain vacant for several years. He stated that property values increase or decrease depending upon their location and other market value criteria.
Responding, DePrima explained that a property owner often feels that their property value is higher than its market value. He agreed that 25% over market may alleviate concerns relayed. Mr. Ruane suggested a property’s value be provided by the City Assessor, unless the owner can provide a licensed certified appraisal, that has been done within a certain amount of time, which would alleviate staff from getting involved in any type of negotiations.
Mr. Ruane moved to recommend acceptance of staff’s report on the status of the draft vacant building ordinance and the understanding that consideration of a draft ordinance, in a First Reading format, will be presented to the committee during their first meeting in June (June 13, 2006), at which time public comments will be accepted. The motion was seconded by Mr. Truitt and unanimously carried.
Discussion - Vacant Planner Position
Mrs. Townshend, Director of Planning and Inspections, reminded members that a planner position was included in this year’s budget; however, due to the Director vacancy, Council requested that upon the hiring of the Director, the need would be evaluated and a report would be given to Council explaining the job responsibilities of the new planner prior to the position being filled. Having recently assumed the responsibilities as Director, Mrs. Townshend advised members that she has been reviewing the internal reorganization of the department and that she will be responsible for the planning and community enhancement functions, which includes community development and property maintenance and inspections. It was felt that it would be beneficial to hire a planner to focus on downtown and redevelopment issues and that this employee should have knowledge of Brownfields and experience in the review of redevelopment projects. Mr. DePrima felt that it would be beneficial to provide a requirement for candidates to have experience with economic development, statistics, etc.
Mr. Ruane moved to recommend that staff be authorized to advertise for the planner vacancy in the Planning Department, stipulating that a description of the experience required for this position would be provided to Council (Attachment #1). The motion was seconded by Mr. Long and unanimously carried.
Status Report - John W. Pitts Recreation Center
Mr. Carter, Parks and Recreation Director, presented a Conceptual Plan depicting the proposed John W. Pitts Recreation Center, and explained the proposed changes to the plan which will provide for better control and more space. The Conceptual Design will be presented to the Planning Commission for their review in May, at which time various State and other agency comments will be provided.
Mr. Ruane moved for adjournment, seconded by Mr. Long and unanimously carried.
Meeting Adjourned at 2:17 P.M.
Respectfully submitted,
Robert M. Sadusky
Chairman
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Attachment
Attachment #1 - Memo Dated April 20, 2006 providing Responsibilities of and Experience Required for Redevelopment City Planner