REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 13, 1999 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. Green, 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 Reverend Jefferey L. Osgood, followed by the Pledge of Allegiance. There was a moment of silence offered in memory of the six (6) firefighters who lost their lives in the line of duty in Worcester, Massachusetts.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of item #2-C, Remarks of Mayor Hutchison. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 22, 1999
The Minutes of the Regular Council Meeting of November 22, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PRESENTATION - DOVER EDUCATIONAL AND COMMUNITY CENTER, INC., AND EMILY G. MORRIS, EXECUTIVE DIRECTOR
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF RECOGNITION
Presented to
DOVER EDUCATIONAL AND COMMUNITY CENTER, INC.
In recognition of
30 YEARS OF CHILD CARE SERVICES
and
EMILY G. MORRIS
In recognition of
UNTIRING DEDICATION SERVING AS EXECUTIVE DIRECTOR SINCE 1971
Congratulations and Best Wishes from the City of Dover
December 1999
Mayor Hutchison presented the Certificate to Ms. Emily G. Morris and relayed appreciation for the dedicated service that she has provided to the children and young adults and wished her and the Dover Educational and Community Center much success in the future.
Ms. Morris relayed appreciation for the recognition. She introduced those Board Members present: Mr. Raphy Gaston (President), Mr. Michael Harrington, Jr., Ms. Rita Page, and Mr. Arthur Faltonroy. She also introduced staff members: Ms. Juliet Jones (Office Manager), Mr. Dewit Roberts, and Ms. Liz Cox, also a former student. Ms. Morris thanked the City of Dover for all the cooperation that has been provided during the past 30 years, with special appreciation given to the Dover Police Department for their assistance.
PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - 1998
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mr. Mike Karia for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1998. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
Mayor Hutchison, along with Council President Christiansen, Councilman Salters, and Mr. O’Connor, presented a plaque to Mr. Karia, Finance Director/Treasurer. Mr. Karia stated that the award is the result of a team effort of his staff and members of Council and relayed his appreciation for their hard work.
REMARKS OF MAYOR HUTCHISON
Mayor Hutchison reflected on the past year and its accomplishments, indicating that many leaderships and partnerships have been built. He relayed appreciation to the members of Council and staff for their support. In celebration of this holiday season, he reflected on the importance of family and family values and wished everyone a very happy holiday season.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 102 WEST WATER STREET, OWNED BY MAZIYO, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located at 102 West Water Street, owned by Maziyo, Inc. The property is currently zoned RG-O (Residential and General Office) and the proposed zoning is I/O (Institutional and Office).
Planner's Review
The present zoning of RG-O permits single family and two family dwellings, rooming houses for five (5) or less people, and offices. Permitted conditionally would be small retail businesses along South State Street, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs. The property is currently vacant.
The proposed zoning of I/O permits business, professional and governmental offices, public and institutional uses, and restaurants. The proposed use of the property is for a three (3) story office building.
Surrounding Land Uses: To the north and across Water Street is the Water Street Parking Lot zoned RG-O. To the east and fronting on State Street, in the Historic District, is a mix of office buildings and residential buildings zoned RG-O. To the south are parking areas associated with Kent General Hospital zoned I/O. To the west is a law office zoned I/O.
Comprehensive Plan: The 1996 Comprehensive Plan designates this area as a part of the Downtown Dover mixed use zone. The plan strongly supports the economic development of this area and promotes a mix of zoning.
Other Considerations: The rezoning represents a “lateral” change in zoning from one type of office zone to another. The RG-O zone and I/O zone are very similar except that the I/O zone has more liberal height, floor area, and setback requirements. The RG-O zone is specially designed to blend in with residential neighborhoods, while the I/O zone is better suited to non-commercial areas. Since there are no residences that front on this portion of Water Street, the I/O zone would be appropriate.
Considering that the proposal is consistent with the Comprehensive Plan and is compatible with most of the surrounding land uses, staff and the Planning Commission recommended approval of the rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. George Larson of Larson Engineering advised members that the owners were unable to attend the meeting and that he is representing them should there be any questions of members.
Responding to Mr. Weller, Mr. Larson stated that the main reason for requesting the I/O zone is because of the height restrictions associated with the present RG-O zoning classification.
Council President Christiansen declared the hearing closed.
Mr. Leary moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mrs. Malone and by a unanimous roll call vote, Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of October 25, 1999.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 102 WEST WATER STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-GO (Residential and General Office) to I/O (Institutional and Office).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1) That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from R-GO to I/O on that property located at 102 West Water Street, owned by Maziyo, LLC.
ADOPTED: December 13, 1999
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WALKER ROAD AND SAULSBURY ROAD, OWNED BY JOANN S. DERRICKSON, INT., JOANN SLIGHTS, TRUSTEE
A public hearing was duly advertised for this time and place to consider rezoning of property located on the Southwest corner of the intersection of Walker Road and Saulsbury Road, owned by Joann S. Derrickson, Int., Joann Slights, Trustee.
Council President Christiansen noted the receipt of a letter from Mr. Harrington and Mr. Klein, Partners of Four Seasons, LLC, requesting that the rezoning application be tabled.
Mr. Leary moved to table the rezoning application as requested. The motion was seconded by Mr. Carey and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on November 22, 1999 with Chairwoman Malone presiding.
Discussion - Super Summer Playgrounds
During the Council Meeting of September 13, 1999, members were advised of a letter received from the Capital School District indicating that their facilities would not be available for use during the summer of 2000. It was noted that without the use of these indoor facilities, it would be difficult to offer the Super Summer Playground Program of the City of Dover Parks and Recreation Department. As a result, staff met with the Finance Director of the Capital School District to discuss this matter. Unfortunately, the Capital School District will not be able to assist the City in providing a facility.
At the committee meeting, Mr. Carter, Parks and Recreation Director, advised members that in order to prepare for the Super Summer Playground Program, hiring of summer staff and advertising for the program begins in February, with registrations for the program being accepted in March. In order to begin to prepare for the program, a facility must be confirmed by January 2000. Mr. Carter indicated that all options will continue to be considered, including other locations within the City, modifications to the program, as well as the possibility of the program being canceled.
Although the alternative and higher education facilities have not been contacted for possible assistance, Mr. Carter advised members that Delaware Technical and Community College does not have a gymnasium and Delaware State University has a program of their own that utilizes their gymnasium. He stated that Kent County and the YMCA have utilized the Capital School District facilities for some of their summer programs and noted that this will affect many other summer programs that are offered to our youths. The City’s program typically begins around the third week in June and is held for six (6) weeks, Monday through Friday, with activities from 9:00 a.m. to 3:00 p.m. (although staff is present from 8:00 a.m. to 4:00 p.m.). In the past, the City has utilized three (3) separate facilities for this program.
It was suggested that staff investigate the availability of the Armory, Wesley College, local churches, and Murphy School and the possibility of utilizing facilities at the Dover Air Force Base. Responding, Mr. Carter stated that at this time, staff is brainstorming and is open to any and all suggestions. He advised members that many of the churches hold summer camps and school and that there would be security issues at Dover Air Force Base. However, he assured members that all alternatives will be investigated further and staff will report back to members in January.
No further action was taken by Council.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 22, 1999 with Chairman Salters presiding.
Proposed Ordinance Amendments - Chapter 2 - Administration, Article III - City Council, Section 2-70 - Compensation and Expenses for Mayor, Council, Employees and Other Elected or Appointed Officials
As a result of the Council Meeting of November 8, 1999, committee members considered proposed ordinances that would amend Section 2-70, Subsection (2) - Council Members and Council President, Subsection (6) - Civilian Committee Members, and Subsection (8) - Planning Commission Members, as follows:
Subsection (2) - Council Members and Council President
“Each council member shall receive an annual salary of seven thousand eight hundred dollars ($7,800), to be paid monthly, effective January 1, 2000. The council president shall receive an annual salary of nine thousand dollars ($9,000), to be paid monthly, effective January 1, 2000. Council members shall receive reimbursement for actual and necessary expenses incurred when an official business as prescribed by ordinance or policy.”
Subsection (6) - Civilian Committee Members
“For each appointed member to any city council committee not serving an elected term to any city office for preparation and attendance at each committee meeting to which the member is appointed - Seventy five dollars ($75), effective January 1, 2000.”
Subsection (8) - Planning Commission Members
“For each appointed member of the planning commission per diem reimbursement for expenses to be paid quarterly for preparation and attendance at each meeting of the planning commission - One hundred dollars ($100), effective January 1, 2000.”
Considering the discussions that have occurred since the Council Meeting, several alternatives were offered for the committee’s review.
Mrs. Malone stated her feeling that the original recommendation of the Legislative and Finance Committee is the proposal that should be adopted. Considering the current demands of the positions and to be fair to all members, she felt that the increases should become effective January 1, 2000, as has been recommended.
During the committee meeting, Mr. Lambert reiterated his feeling that not only is the amount of the increase in salary for Council too high, any increase should not occur mid-term. It was his feeling that the earliest any salary increase for members of Council should occur would be after each member’s current term of office. He reminded members that according to the information obtained from the National League of Cities, the current salaries for City Council is average; therefore, he could not justify an increase at this time. Mr. Lambert also felt that members should consider the possibility of the City’s short-fall in next year’s beginning balance, stating that the perception of constituents will be that the short-fall is due to the increase in salaries. Should a pay increase be approved for members of City Council, Mr. Lambert again stated that he would not accept the increase.
After much discussion, the committee recommended adoption of ordinances that would amend Section 2-70, as follows:
Subsection (2) - Council Members and Council President
“Each council member shall receive an annual salary of five thousand dollars ($5,000), to be paid monthly, effective May 14, 2001. The council president shall receive an annual salary of five thousand seven hundred and fifty dollars ($5,750), to be paid monthly, effective May 14, 2001. Council members shall receive reimbursement for actual and necessary expenses incurred when an official business as prescribed by ordinance or policy. The salary of the council president and council members shall be reviewed every three (3) years upon adoption.”
Subsection (6) - Civilian Committee Members
“For each appointed member to any city council committee not serving an elected term to any city office for preparation and attendance at each committee meeting to which the member is appointed - Seventy five dollars ($75), effective January 1, 2000.”
Subsection (8) - Planning Commission Members
“For each appointed member of the planning commission per diem reimbursement for expenses to be paid quarterly for preparation and attendance at each meeting of the planning commission - One hundred dollars ($100), effective January 1, 2000.”
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary.
Mr. Truitt stated his opposition to any increase at this time, reminding members of the information obtained from the National League of Cities, which indicated that the current salaries for City Council is average. He also noted the salaries of nearby, comparable cities such as Newark, Delaware (currently $3,600 - becomes $5,400 per year to become effective May 1, 2000); Salisbury, Maryland ($5,000 per year); Annapolis, Maryland ($8,500 per year); and Vineland, New Jersey ($5,000 per year). Mr. Truitt stated that by including the nearby, comparable cities with the information obtained from the National League of Cities, the average pay for serving as a member of council would be $5,063. Although this supports the committee’s recommendation, he explained that his opposition is due to poor timing.
Responding to Mr. Lambert, Council President Christiansen explained that at this time, the recommendation of the committee is being reported for approval and that each member of Council will have the opportunity to vote separately during the first readings of the proposed ordinances schedule to occur later in the meeting. However, another alternative would be to allow discussion during the committee’s recommendation should members wish to do so and if any of the ordinances are not recommended for approval, the first reading of the ordinance will not be held during the latter part of the meeting.
It was the consensus that discussion and separate votes should be taken during the committee’s report rather than at the first reading of the proposed ordinances. Therefore, the motion to approve the committee’s recommendation by consent was voided and separate action taken, as follows:
Subsection (2) - Council Members and Council President
Mr. Salters moved for adoption of the proposed ordinance amendment to Section 2-70, Subsection (2) - Council Members and Council President, as recommended by the committee. The motion was seconded by Mr. Weller and failed by a roll call vote of four (4) yes, five (5) no (Mr. Lambert, Mr. Truitt, Mr. Carey, Mrs. Malone, and Mr. Weller). Council President Christiansen noted that agenda item #11-A-a1, First Reading - Section 2-70, Subsection (2) has been eliminated as a result of the above action.
Subsection (6) - Civilian Committee Members
Mr. Salters moved for adoption of the proposed ordinance amendment to Section 2-70, Subsection (6) - Civilian Committee Members, as recommended by the committee. The motion was seconded by Mr. Weller and carried by a roll call vote of six (6) yes, three (3) no (Mr. Pitts, Mr. Carey, and Mrs. Malone). (The First Reading of the ordinance will take place during the latter part of the meeting).
Subsection (8) - Planning Commission Members
Mr. Salters moved for adoption of the proposed ordinance amendment to Section 2-70, Subsection (6) - Planning Commission Members, as recommended by the committee. The motion was seconded by Mr. Leary and carried by a roll call vote of five (5) yes, four (4) no (Mr. Pitts, *Mr. Truitt, Mr. Carey, and Mr. Weller). (The First Reading of the ordinance will take place during the latter part of the meeting).
*(Note for record purposes: After the meeting, Mr. Truitt contacted the City Clerk and indicated that he had inadvertently voted no for the proposed ordinance amendment to Section 2-70, Subsection (8). It is noted that the vote does not change the result of the motion).
Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Article V - Tax Credits for Historic Properties, Section 19.5-40 - Voluntary Tax Credits for Preservation, Restoration, and/or Rehabilitation of Historic Properties, Subsection (f)
In January 1998, City Council approved a Tax Credit Program for Historic Properties on a trial basis, with a two (2) year sunset. In accordance with Section 19.5-40 of the Dover Code, owners of historic properties located in the Dover Historic District Zone or properties listed on the National Register of Historic Places would be entitled to tax credits if qualifying improvements were made to the property. A sunset provision was included in the ordinance, subsection (f), thereby establishing the eligibility period from January 1, 1998 to December 31, 1999.
At the time the ordinance was adopted, it was estimated that each year there would be approximately $1,500 to $2,000 in waivers granted. Since its inception, there have been only two (2) projects approved each year, with each being granted a $600 waiver. Therefore, the tax impact was actually $1,200 each year, which was slightly lower than anticipated.
Mr. DePrima advised members that the program has been a useful tool in encouraging superior historic restoration and preservation and it serves as a downtown redevelopment incentive. He also noted that Kent County has passed a comparable law that can be used in Dover to offset County taxes. Since Section 19.5-40, subsection (f) of the Dover Code sets the two (2) year sunset, staff recommended that an ordinance be adopted that would amend Section 19.5-40 by deleting subsection (f) in its entirety. Mr. DePrima stated that the Historic District Commission and Downtown Dover Development Corporation endorse making the program permanent.
The committee recommended adoption of the proposed ordinance amendment to Section 19.5-40, Subsection (f), of the Dover Code.
Mr. Salters moved for approval of the committee’s recommendation, 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 - Appendix C - Downtown Redevelopment
In accordance with Appendix C, Article II, Section 2 - Eligibility Period, the Downtown Dover Development Incentives will expire December 31, 1999. Mr. DePrima reminded members that when Council extended the sunset last year, it was with the intent that the Downtown Dover Development Corporation (DDDC) would evaluate the incentive program for possible recommendations. Members of the DDDC have reviewed the program and recommend the following revisions:
► Eliminate the automatic sunset.
► Reduce the impact fee waiver by 50%.
► Make the impact fee waiver specifically for multiple story new construction on one lot, and that have a combination of residential, office, retail, or commercial service uses and that at least two of these uses are established.
► Increase the construction fee benefit by eliminating construction permit fees for eligible projects.
Mr. DePrima explained that the recommendations would make the incentives more accessible for smaller projects while, at the same time, better serving the Impact Fee Reserve Account which provides capital for infrastructure expansion. These recommendations would require ordinance amendments, which were presented to members for their review.
The committee recommended adoption of the proposed ordinance amendments to Appendix C, Article II, Section 2 - Eligibility Period and Article IV - Development Incentives, Section 1 and Section 2, of the Dover Code.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried. (The First Readings of the ordinances will take place during the latter part of the meeting).
Review - Licensing and Inspection of Rental Properties
During the recent Council Retreat, members suggested that the City investigate the possibility of expanding the multiple occupancy licensing program to cover all rental housing in the City and perhaps bring more uniformity to their inspections.
Mr. DePrima provided members with detailed information regarding the manner in which the City’s current system works, as well as descriptions of the programs for Newark and Rehoboth Beach. In order to develop ordinance amendments to conform with the desires of Council, he distributed a questionnaire regarding inspection fees, inspection frequency, types of rental units to inspect, etc. and requested that they be returned by December 13th. He assured members that once the ordinance amendments are drafted and sponsors obtained, they will be presented to the Legislative and Finance Committee for their review and recommendation to City Council.
The committee recommended that the matter regarding licensing and inspection of rental properties warrants further review and that this matter be referred to staff to draft ordinance amendments to be presented back to the committee.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
DISCUSSION - DRAFT LETTER TO KENT COUNTY COMMISSIONER’S
A draft letter to Kent County Levy Court Commission Members was provided to members for their review. Mayor Hutchison noted that at the request of the State of Delaware, Kent County Levy Court officials have been considering the sale of the Robert O’Brien County Administration Building to the State of Delaware. He stated that there is a need for the State to acquire additional property within close proximity of current State buildings and that the City of Dover should support the sale. However, should the sale of the Robert O’Brien Building occur, the County would then require a new location. As the Capital City of the State of Delaware, Mayor Hutchison indicated the importance for the Kent County Administrative facility to remain within the City of Dover and requested that members of Council authorize a letter be sent to Commission Members of Kent County Levy Court requesting that any future county facility remain within the City of Dover limits.
Mr. Leary moved for approval of the letter to be sent to Kent County Levy Court Commission Members and that it be signed by the Mayor and Council President on behalf of the City of Dover. The motion was seconded by Mr. Lambert and unanimously carried.
RECORDER FOR NEW DISPATCH CONSOLE (ROBBINS HOSE COMPANY NO. 1)
During their meeting of October 25, 1999, members of Council approved the replacement of the Dispatch Console, Telephone Equipment, and Upgrade Minitor II Pagers to High Band for the Firefighters. As a result, Dictaphone Corporation was authorized to provide the recorder for the new console in the amount of $20,112.
Chief Carey of the Robbins Hose Company submitted information regarding concerns of the recorder for the new dispatch console. It was noted that a committee was formed to evaluate the bids and that prior to submitting a recommendation, several meetings were held with vendors to review the proposed upgrade. In the initial meetings with vendors, a larger recorder was proposed; however, it was determined that a smaller recorder would be sufficient. One of the vendors, D.O.E. Technologies, had contacted the committee after being advised of Council’s action in authorizing Dictaphone Corporation to provide the recorder for the new console and relayed concerns that they were not notified of the change. The committee did not realize that they had failed to notify D.O.E. Technologies of the smaller recorder need. As a result, the committee invited the three (3) vendors to meet and clarify the recorder requirements. The vendors re-submitted their price proposals on the recorder requirements as outlined in the meeting, as follows:
Dictaphone Corporation - $16,101
D.O.E. Technologies - $16,760
Advanced Telecommunications - $19,795
The proposal received from Dictaphone Corporation was incomplete since it did not provide dual deck dubbing cassette recorder and the proper number of DDS-3 tapes. The proposal received from D.O.E. Technologies met all the requirements for the smaller recorder and created a savings of $3,352 from Dictaphone’s original price proposal. Although the purchase for the recorder is less than $25,000 and would not require approval of Council, it was a part of the original bids submitted as a package for the replacement of the Dispatch Console, Telephone Equipment, and Upgrade Minitor II Pagers to High Band; therefore, since there is a change in the original vendor approved by Council, an explanation is being provided for informational purposes.
Mr. Weller moved for approval the proposal for the recorder requirements from D.O.E. Technologies in the amount of $16,760, which changes the vendor from the original proposal approved by Council on October 25, 1999. The motion was seconded by Mr. Pitts and unanimously carried.
RESIGNATION - JACK FORTNEY - THIRD ASSISTANT CHIEF FOR 2000 - ROBBINS HOSE COMPANY NO. 1
A letter of resignation was received from Mr. Jack Fortney for the position of Third Assistant Chief for 2000 for the Robbins Hose Company No. 1. Mr. Fortney was elected during the recent election of the Robbins Hose Company held on November 15, 1999 and results approved by Council during their meeting of November 22, 1999.
Mr. Salters moved for acceptance of the resignation letter from Mr. Fortney, seconded by Mr. Truitt and unanimously carried.
APPOINTMENTS - COUNCIL EMPLOYEES
Building Inspector
Mr. Leary moved to nominate Mr. Anthony DePrima to serve as Building Inspector, seconded by Mr. Lambert. Mr. Leary moved that nominations be closed, seconded by Mr. Lambert and unanimously carried. The motion appointing Mr. DePrima to serve as Building Inspector was unanimously carried.
City Assessor
Mr. Carey moved to nominate Mr. L. Chapman Lucas to serve as City Assessor, seconded by Mr. Salters. Mr. Lambert moved that nominations be closed, seconded by Mr. Leary and unanimously carried. The motion appointing Mr. Lucas to serve as City Assessor was unanimously carried.
ANNEXATION/REZONING REQUEST/FIRST READING - 3282 N. DUPONT HIGHWAY - FIRST UNITED PENTECOSTAL CHURCH OF DOVER
A request was received for annexation and rezoning of property located at 3282 N. DuPont Highway, owned by First United Pentecostal Church of Dover. The property is currently zoned RMH - Residential Manufactured Homes, B-G - General Business, and A-R - Agricultural-Residential (Kent County zoning classifications) and the proposed zoning is I/O - Institutional/Office (City of Dover zoning classification). Staff recommended that the request be referred to the Utility Committee and the Planning Commission, that an annexation referendum be set for January 27, 2000 and that a public hearing be set for February 14, 2000 at 7:30 p.m.
Mr. Salters moved for approval of staff's recommendation. The motion was seconded by Mr. Leary and Council unanimously acknowledged the first reading of the following ordinance, by title only, and adopted the following:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3282 N. DUPONT HIGHWAY.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 3282 N. DuPont Highway, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 3282 N. DuPont Highway, situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 27th day of January, 2000, commencing at the hour of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: December 13, 1999
FIRST READING - PROPOSED ORDINANCES
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Carey 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 January 10, 2000.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Carey and unanimously carried (Mr. Pitts not voting):
► CHAPTER 2 - ADMINISTRATION, ARTICLE III - CITY COUNCIL, SECTION 2-70 - COMPENSATION AND EXPENSES FOR MAYOR, COUNCIL, EMPLOYEES AND OTHER ELECTED OR APPOINTED OFFICIALS, SUBSECTION (6) - CIVILIAN COMMITTEE MEMBERS
► CHAPTER 2 - ADMINISTRATION, ARTICLE III - CITY COUNCIL, SECTION 2-70 - COMPENSATION AND EXPENSES FOR MAYOR, COUNCIL, EMPLOYEES AND OTHER ELECTED OR APPOINTED OFFICIALS, SUBSECTION (8) - PLANNING COMMISSION MEMBERS
► CHAPTER 19.5 - TAXATION, ARTICLE V - TAX CREDITS FOR HISTORIC PROPERTIES, SECTION 19.5-40 - VOLUNTARY TAX CREDITS FOR PRESERVATION, RESTORATION, AND/OR REHABILITATION OF HISTORIC PROPERTIES, SUBSECTION (F)
► APPENDIX C - DOWNTOWN REDEVELOPMENT, ARTICLE II - DEFINITIONS, SECTION 2 - ELIGIBILITY PERIOD
► APPENDIX C - DOWNTOWN REDEVELOPMENT, ARTICLE IV - DEVELOPMENT INCENTIVES, SECTION 1 AND SECTION 2
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of November 22, 1999.
Article 3, Section 19.5-19 - Subsection (9) First Time Home Buyer
Mr. Weller moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a roll call vote of six (6) yes, three (3) no (Mr. Lambert, Mrs. Malone, and Mr. Weller):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Dover Code be amended by striking in its entirety current subsection (9) of Section 19.5-19 and by inserting a new subsection (9) to read as follows:
(9) “First time home buyer” is exempt from the transfer tax as provided herein. A “first time home buyer” means a natural person who has at no time held an interest in residential real estate, wherever located and which has been occupied as their principal residence, and who intends to occupy the property being conveyed as his or her principal residence within 90 days following recordation of the deed. The first time home buyer must file an affidavit certifying to his or her qualifications before the exemption can be granted. In order to alleviate claims for rebate of the transfer tax paid, no rebate shall be made once the deed for the transaction has been recorded. First time home buyers submitting a false affidavit in any respect which would entitle them to the exemption shall be subject to payment of the unpaid transfer tax plus interest at the rate of 1½ percent per month and, upon direction by Council, referral to the Attorney General of the State of Delaware for criminal prosecution. This subsection shall become effective January 2, 2000, and shall apply to all real estate settlements held on or after that date.
ADOPTED: December 13, 1999
Mr. Weller moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:25 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 13, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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