REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 22, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller. Mr. Leary was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green, and Mr. Rodriguez.
The invocation was given by Father Thomas E. Hanley, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 8, 1999
The Minutes of the Regular Council Meeting of November 8, 1999 were unanimously approved by motion of Mr. Carey, seconded by Mr. Pitts and bore the written approval of Mayor Hutchison.
PRESENTATION - HENRY R. BAYNUM, JR. - MASTER CODE OFFICIAL
Mayor Hutchison, along with Mr. DePrima, Mr. Edgell, and Councilman Carey, presented a Certificate of Recognition to Mr. Baynum, which was read into the record by the City Clerk, as follows:
WHEREAS, Henry R. Baynum, Jr., Deputy Fire Marshal of the City of Dover, recently attained the status of Master Code Official, the highest level of certification achievable in the Building Officials and Code Administrator’s (BOCA) Certification Program; and
WHEREAS, Mr. Baynum is Delaware’s first certified Master Code Official, and is one of only 128 individuals nationwide to be certified as a Master Code Official; and
WHEREAS, Mr. Baynum has demonstrated the highest level of professionalism - symbolizing excellence in every facet of code enforcement; and
WHEREAS, in recognition of the distinguished designation of Master Code Official, it is deemed an honor and privilege to present this Certificate of Recognition to
HENRY R. BAYNUM, JR.
Designation of Master Code Official by BOCA
Congratulations from the Mayor and Council of the City of Dover
November 1999
In congratulating Mr. Baynum, Mayor Hutchison relayed appreciation for his dedication to the City of Dover and wished him much success in the future. On behalf of the Planning and Inspections Department, Mr. DePrima also relayed appreciation and indicated that the City is a much safer place because of the dedication of Mr. Baynum and feels that he is an inspiration to other employees of the City of Dover.
Mr. Baynum, joined by his wife and son, thanked everyone for the recognition.
PUBLIC HEARING - ABANDONMENT OF DUPONT STREET, RUNNING EAST TO WEST, BETWEEN QUEEN STREET AND NEW STREET
A public hearing was duly advertised for this time and place to consider abandonment of DuPont Street, running east to west, between Queen and New Streets, being 30 feet wide and approximately 308.67 feet in length.
Mr. DePrima reminded members that The Ingerman Group and the Dover Housing Authority are proposing to construct a new senior citizen housing complex to be known as Owens Manor. The complex is to be situated on lands adjoining the existing Queens Manor Apartments. The Ingerman Group intends to purchase land on both sides of DuPont Street for the construction of Owens Manor and has requested the abandonment of DuPont Street so that the land can be consolidated. Mr. DePrima stated that a small portion of the street (0.0186 acres) would be abandoned to another adjacent property owner, Robert D. Carter. The Planning Commission and Utility Committee recommended approval of the requested abandonment, stipulating that utility easements be reserved for the City, that a cross access easement with Mr. Carter be established, and that the Owens Manor Apartment Project, for which this abandonment is being done, be approved and that the construction permit not expire.
Council President Christiansen declared the public hearing open.
Mr. Frank Kelley, Executive Director of the Dover Housing Authority, addressed members regarding the need for such a proposed project, indicating that there is a shortage of low cost, affordable senior housing in the City of Dover. He relayed appreciation for the support and cooperation that has been provided by the City.
Council President Christiansen declared the public hearing closed.
Mr. Lambert moved for approval of the request to abandon DuPont Street. The motion was seconded by Mrs. Malone and by a unanimous roll call vote (Mr. Leary absent), Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING DUPONT STREET SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following street:
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being a public street running east to west, between Queen Street and New Street, being 30 feet wide and approximately 308.67 feet in length, comprising 9,260.10 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid street, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid street and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid street.
ADOPTED: NOVEMBER 22, 1999
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 15, 1999 Robbins Hose Company Election for consideration.
Mr. Salters moved for acceptance of the election results for Fire Chief, Carleton Carey, Jr., seconded by Mr. Truitt and carried by a unanimous roll call vote (Mr. Leary absent and Mr. Carey abstaining).
Mr. Salters moved for acceptance of the election results for Deputy Fire Chief, Carleton Carey, Sr., seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Leary absent and Mr. Carey abstaining).
Mr. Salters moved for acceptance of the election results for First Assistant Chief, Donald Bates, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Leary absent and Mr. Carey abstaining).
Mr. Salters moved for acceptance of the election results for Second Assistant Chief, Robert Whedbee, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Leary absent and Mr. Carey abstaining).
Mr. Weller moved for acceptance of the election results for Third Assistant Chief, Jack Fortney, seconded by Mr. Truitt and carried by a unanimous roll call vote (Mr. Leary absent and Mr. Carey abstaining).
Mr. Pitts moved for acceptance of the election results for Fourth Assistant Chief, Trey Holland, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Leary absent and Mr. Carey abstaining).
Mr. Truitt moved for acceptance of the election results for First Fire Line Captain, Brian Bashista, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Leary and Mr. Salters absent and Mr. Carey abstaining).
Mr. Weller moved for acceptance of the election results for Second Fire Line Captain, Jonathan Osika, seconded by Mr. Pitts and carried by a roll call vote of five (5) yes, two (2) no (Mr. Salters and Council President Christiansen) (Mr. Leary absent and Mr. Carey abstaining).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 8, 1999 with Chairman Salters presiding.
Proposed Ordinance - First Time Home Buyer - Transfer Tax Exemption
For the past several months, members have been reviewing the transfer tax exemption program for first time home buyers. During the Regular Council Meeting of October 25, 1999, members considered the committee’s recommendation regarding the program and approved the following recommendations:
1.Require mortgage companies to certify that, to the best of their knowledge, buyers have never held title to a residential property, stipulating that this be brought back for review in one (1) year to determine if it has caused hardship with regard to settlement.
2.Inserting a penalty section specifying fines and/or legal actions to be enforced if ordinance violations occur.
3.Include a non-refundable section stipulating that after a realty transfer tax is paid, any subsequent first time home buyer refund requests will not be honored.
4.Authorize the City Assessor to create a City of Dover First Time Home Buyers Exemption form which, after Council’s acceptance, will be distributed to all real estate attorneys as the only form accepted by the City.
It was noted that approval of these recommendations would require an ordinance amendment.
During the committee meeting, City Assessor Lucas advised members that, as a result of Council’s action to approve the recommendations, the appropriate forms and proposed ordinance were submitted to City Solicitor Rodriguez for his review. The ordinance was revised by deleting the exemption cap and fine, adding language that requires the lending institution to submit an affidavit certifying to the first time home buyer’s qualifications, and changing the effective date to January 1, 2000. Mr. Rodriguez also confirmed that two (2) affidavit forms appear to be legally sufficient.
Due to the first and final reading requirements of the proposed ordinance, Mr. Lucas requested that the implementation date be changed to become effective February 1, 2000.
During the committee meeting, Mr. Leary noted that the third sentence of the proposed ordinance states “. . . and provide a similar affidavit from his or her lending institution”, and reiterated concerns previously mentioned by mortgage lenders that the affidavit could delay settlement process and could be an expense to those that the program is to be assisting. It was his feeling that such a requirement would not be good business practice and suggested eliminating that portion of the ordinance.
The committee recommended that the proposed ordinance be adopted, with the amendment to strike the phrase “and provide a similar affidavit from his or her lending institution” from the third sentence.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Truitt and carried with Mr. Lambert and Mrs. Malone voting no. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mrs. Malone explained that although she supports the First Time Home Buyer Tax Exemption Program, she voted negatively since several items have been eliminated from the original proposal, particularly the requirement for an affidavit from the lending institution.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Truitt and unanimously carried.
MONTHLY REPORTS - OCTOBER 1999
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were accepted:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Mr. Weller relayed concerns with the programming offered by Comcast during certain times. He advised members that while watching television early Saturday morning, there was an adult type of television program on a regular channel. It was his feeling that Saturday morning is a time when many small children are watching television and wanted to bring this matter to the public’s attention.
Mr. Weller moved for acceptance of the City Manager’s Report, seconded by Mr. Carey and unanimously carried.
REZONING REQUEST - 686 SOUTH DUPONT HIGHWAY - WILLIAM C. AND DORIS J. TORBERT
A request was received to rezone property located at 686 South DuPont Highway, owned by William C. and Doris J. Torbert. The property is currently zoned C-4 (Highway Commercial) and RG-2 (General Residence) and the requested zoning is C-4 (Highway Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mrs. Malone, Council unanimously referred the request to the Planning Commission and set a public hearing for January 10, 2000 at 7:30 p.m., (Mr. Truitt abstaining). The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 686 SOUTH DUPONT HIGHWAY.
FIRST READING - PROPOSED ORDINANCE
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 December 13, 1999.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Weller and unanimously carried:
Article III - Realty Transfer Tax, Section 19.5-19 - Definitions, Subsection (9) First Time Home Buyer
Mr. Lambert moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:00 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 22, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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