REGULAR MEETING
August 13, 1984
The Regular Meeting of Council was held on August 13, 1984 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Bulley, Christiansen, Witt, Weyandt and Shevock. Mr. Boaman was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll noted an informational letter from the National League of Cities concerning cable television regulations and the necessary support for H.R. 4103 now being considered by the House.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 23, 1984
The Minutes of the Regular Council Meeting of July 23, 1984 were unanimously accepted by motion of Mr. Richter, seconded by Mr. Witt and bore the written approval of Mayor Carroll.
ANNEXATION REFERENDUM RESULTS - SOUTH GOVERNORS AVENUE
As certified by County officials, City Clerk Willis read into the record the following results of two annexation referendums held for the property of Aaron Knopf on South Governors Avenue and also a referendum for the property of Aaron Knopf and an area including Rodney Village Apartments.
Referendum #1 - 1 FOR Annexation / 0 AGAINST Annexation
Referendum #2 - 2 FOR Annexation / 27 AGAINST Annexation
Mr. Witt moved for acceptance of the results of Referendum #1, seconded by Mr. Christiansen and carried by unanimous roll call vote (Mr. Boaman absent).
Mr. Shevock moved for acceptance of annexation referendum #2, seconded by Mr. Witt and unanimously carried by a roll call vote (Mr. Boaman absent).
ANNEXATION - AARON KNOPF PROPERTY - 1326 SOUTH GOVERNORS AVENUE
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote (Mr. Boaman absent), adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 south of the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET;
1. That the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
ALL that certain parcel of land in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of S. Governors Avenue; at the southwesterly intersection of Fiddlers Green and Governors Avenue; said lot bounded as follows; on the north by (a) Fiddlers Green, (b) lands now or late of the City of Dover, (c) lot #191 in Mayfair Subdivision, on the east by South Governors Avenue, on the south by lands to be retained by John H. Cubbage, Jr. and Bertha C. h/w, and on the west by lands now or late of New Plan Realty Trust, and being more particularly described as follows:
Beginning at a point at the southerly side of Fiddlers Green with the westerly side of South Governors Avenue, and being found a concrete monument; thence from said point of beginning the following courses and distances;
1.By the arc of a circle curving to the left (R=1375.2') a distance of 100.00' measured along the westerly side of Governors Avenue to a point, a corner for this parcel of lands retained by the said Cubbage; thence along a new line hereby established,
2.N 70° 47' 24" W, about 254.95' to a point in line of lands of the said “Realty Trust”;
3.N 14°50' 59" E, about 140.33' to a point in line of lot #191 of the Mayfair Subdivision, a found concrete monument, thence with the same, and also in part with line of the City of Dover, also the southerly side of Fiddlers Green,
4.S 62° 13' E, about 267.86' to the point of beginning, containing 0.712 acres, more or less
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith field for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 14th day of August 1984 at 12:01 a.m.
ADOPTED: AUGUST 13, 1984
CECIE P. HENRY - 123 SOUTH QUEEN STREET - 90 DAY EXTENSION FOR DEMOLITION EXPIRATION
Mr. Roe stated that Attorney Harry Terry had requested a 90 day extension for demolition of 123 South Queen Street, owned by Cecie P. Henry which was previously approved by Council. The 90 day extension expires on August 14, 1984. He advised Council that the property was willed to Mrs. Cecie P. Henry with lifetime rights. Mrs. Henry is presently living in a nursing home and several heirs are scattered throughout the country.
Mr. Henry, who willed the property with lifetime rights to Cecie P. Henry, died in 1948 and to this date the estate has not been completely settled due to the difficulty in tracing the heirs. Afer conversations with City Solicitor Rodriguez, Mr. Roe suggested that Attorney Harry Terry be contacted for the purpose of arranging with Mr. Rodriguez a procedure that would present the estate to the courts for settlement.
Mr. Witt moved that a 30 day extension be granted for the demolition of 123 South Queen Street to afford an opportunity for Mr. Rodriguez to contact Attorney Harry Terry and arrange a court procedure to settle the estate. If this cannot be accomplished it will be necessary that the property be renovated or proceed with demolition. The motion was seconded by Mr. Weyandt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 13, 1984 at 8:00 a.m. with Chairman Boaman presiding.
R.L. Polk Company - License Fee
A letter from R.L. Polk Company, publishers of the City of Dover directory, contended that their firm does not maintain a permanent office in the City of Dover and business activities in the City encompasses only a few months. The company, therefore, appealed a business license increase from $25 annually to $250.
Mr. Roe informed the committee that the ordinance covering the business category under which R.L. Polk operates provides that this type of business shall pay an annual business license fee of $250.
The committee recommended denial of the appeal by R.L. Polk Company, stipulating that Mr. Roe notify the company of the provisions of the Code in which their business license fee is set.
Mr. Shevock, presenting the committee report in the absence of Mr. Boaman, advised Council that no action on the matter is necessary since Mr. Roe will be following the provisions of the business license code. This information will be forwarded to R.L. Polk Company by the office of the Chief Inspector.
Rental Rehabilitation Program - Available HUD Funds
The committee considered notification from the Region III office of the U.S. Department of Housing and Urban Development that the City was eligible to apply for up to $33,900 in HUD administered rental rehabilitation funds. Grant funds for the rehabilitation project are issued in the form of low interest loans for generally up to 50% of eligible rehabilitation costs. The funds can only be utilized for the rental rehabilitation program and unused funds would be returned to the HUD regional office. The City of Dover would act as a collection agent on all loan payments. It was also noted that no administrative costs are provided for in the grant, therefore, these costs would be derived from the existing Community Development Block Grant Program.
Noting the small amount of the grant and that administrative costs could amount to approximately $10,000 or more, the committee recommended that the City deny acceptance of the grant.
Mr. Shevock advised Council that the City could be involved in second mortgages on a property since it is possible that the property owner would be required to receive a bank loan for his share of the rehabilitation costs.
Mr. Shevock moved for the recommendation of the committee that would deny acceptance of the grant, seconded by Mr. Weyandt.
Mr. Richter noted the high degree of success that the City has experienced with the Community Development Block Grant Program and questioned the committee’s recommendation to deny federal funds to rehabilitate rental properties.
Mr. Shevock reiterated the committee’s opinion that the small amount of grant funds did not warrant the cost of administrative procedures that would be deducted from the present block grant program monies. It was his opinion that the City would experience a certain degree of risk to become involved in the program in light of the fact that future funding from the federal government might not become a reality. The City would then become responsible for all administrative costs related to collecting loan payments and audit fees.
Mr. Worley stated that HUD has made rental rehabilitation grants available, recognizing that some of these properties needing repair lie in areas that the Community Development Block Grant has aided. One problem that does exist is that the program is experimental and at this point considerable information has not been furnished by the government.
Mr. Shevock’s motion for denial of the grant was carried with Mr. Richter voting no.
Water and Sewer Revenue Bonds
Mr. Shevock advised Council that the committee considered a 3.5 million dollar bond issue to support the construction of two new water towers and sewer projects that would include Puncheon Run and Dover Brook Gardens. The debt service for the bond issue was included in the City’s last water and sewer rate adjustment during fiscal year budget 1983/84.
The committee recommended that Council adopt a resolution approving a 3.5 million dollar water and sewer revenue bond issue.
By motion of Mr. Richter, seconded by Mr. Christiansen, Council by a roll call vote of six (6) yes, (Mr. Boaman absent and Mr. Shevock abstaining) adopted the following resolution.
WHEREAS, the Council of the City of Dover has approved the construction of two million gallon water tanks, the Puncheon Run Sewer Project and the Dover Brook/College Road, Whiteoak Sewer Project (the “Projects”), and
WHEREAS, the cost of the Projects including initial financing costs are estimated to be up to $3,500,000, and
WHEREAS, the City is authorized pursuant to Chapter 111 Vol. 52, Laws of Delaware and to the City Charter to issue revenue bonds for the purpose of financing improvements to its water and sewer system,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER AS FOLLOWS:
1) The Council finds that
a) the construction of the Projects at this time are in the best interests of the citizens of the City and should proceed with due diligence, and
b) the total cost of the Projects, including initial financing costs, are estimated not to exceed $3,500,000.
2) The Council approves the financing of the Projects by the issuance and sale of up to $3,500,000 of City Water and Sewer Revenue Bonds (the “Revenue Bonds”) and the pledge of the revenues of the City’s water and sewer systems for repayment of said bonds pursuant to the City Charter and Chapter 111 Vol. 52, Laws of Delaware.
3) The Revenue Bonds issued to finance the Projects shall not be secured by the faith and credit of the City and shall not affect the general limits of indebtedness which may be incurred by the City.
4) The City officials are authorized to proceed with construction of the Projects and the financing thereof by the Revenue Bonds of the City, and may enter into contracts, use City funds to be reimbursed out of the Revenue Bond proceeds, and take all other proper action in furtherance of the purposes set forth in this Resolution.
5) The City officials shall present to Council for its approval a Bond Resolution setting forth the terms and conditions of the Revenue Bond financing and shall take all other action necessary to comply with the City Charter and the laws of Delaware with respect to the Revenue Bonds and to the construction of the Projects.
ADOPTED: AUGUST 13, 1984
Expense Payment Received by Mayor and Council in Lieu of Salary
Mr. Weyandt referred to Section 12 of the Charter which states “the Mayor and each member of Council shall be paid the sum of $10 for each regular or special meeting of the City Council which he attends”. He submitted a proposal to the Legislative and Finance Committee that would change the Charter to reflect “Mayor and Council’s compensation of $10 per regular or special meeting of City Council as a reimbursement for expenses rather than salary”.
Mr. Weyandt stated that this would be a savings to the City in administrative costs and also do away with the necessity of deducting social security and workmen’s compensation.
Mr. Witt, noting that Mayor and Council are paid on the basis of attending specific meetings, questioned whether this might be interpreted as pay for services rendered rather than reimbursement for expenses.
Mayor Carroll stated that this could be considered in the City Solicitor’s review when compiling the necessary resolution that would be submitted to the General Assembly for the Charter change.
Mr. Weyandt moved that the City Solicitor prepare a resolution to initiate a Charter change in Section 12 of the Charter that would provide for a reimbursement for expenses to Mayor and Council rather than receiving payment for Council meeting attendance. The motion was seconded by Mr. Bulley and unanimously carried.
Tax Exempt Status - Solid Waste Authority - South Bradford Street
The committee next considered notification to the Tax Assessor’s Office that Kenbrit Corporation, former owners of 1116, 1124 and 1128 South Bradford Street, sold the property to the Delaware Solid Waste Authority on April 30, 1984.
Mr. McDowell advised the committee that the annual tax bill sent to Kenbrit Corporation was forwarded to the Delaware Solid Waste Authority who is turn informed the Tax Assessor of their tax exempt status. Mr. McDowell contacted the City Solicitor for an opinion since the Delaware Solid Waste Authority rents a portion of the building to a private concern, deriving an income.
Mr. Rodriguez’s final analysis stated that the City cannot tax any part of the property owned by the State of Delaware or its agency, the Delaware Solid Waste Authority. His opinion was based on a statute pertaining directly to the Solid Waste Authority; said statue exempting the Authority from taxation by any political subdivision. The City cannot tax the property unless the State specifically waives its exemption in regards to the South Bradford Street property.
Mayor Carroll pointed out that the letter also advised that the State of Delaware is one of 13 states that does not reimburse municipalities for state owned exempt property.
Mr. Weyandt reminded Council that the City will be required to furnish trash pickup from the facility that rents a portion of the building to a private individual and the Solid Waste Authority will bill the City for the weight of the trash removed and dumped in their landfill.
The committee recommended that the City not pursue collection of taxes based on the written opinion of City Solicitor Rodriguez. However, it was stipulated that copies of the correspondence from the Delaware Waste Authority, Tax Assessor McDowell, and City Solicitor Rodriguez be forwarded to the City’s state representatives and senators with a cover letter explaining the circumstances of the matter. It was also stipulated that the issue of the City being required to extend trash pickup service to the facility and a determination of whether the tenant is of a temporary or permanent nature be fully investigated through the Solicitor’s office for proper action by the City.
Mr. Shevock moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
CORRESPONDENCE
Pine Street Residents - Sign or Barricades to Notify Motorists of “No Access to Route #13"
A petition from residents of Pine Street requested a barricade across the end of the deadend portion and signing to alert traffic of “no access to Route #13".
Mr. Shevock moved for referral to the Safety Advisory Committee, seconded by Mr. Witt and unanimously carried.
Parking - Halsey Road - Mr. Tony Liberto
A letter from Mr. Tony Liberto of 922 E. Division Street, suggested that parking on S. Halsey Road be changed to afford improved vision for vehicular traffic. Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously carried.
Paramedic Service - Mrs. John A. Trader/Ronald E. Shomo/Kent County Volunteer Ambulance Service
Letters from the above named individuals and the Kent County Volunteer Ambulance Service urged the City of Dover to maintain the present level of paramedic service.
Mr. Weyandt moved for acknowledgement of the letters and referral to the Committee of Committees, seconded by Mr. Witt and unanimously carried.
Demolition of 317-319 W. Loockerman Street
A letter from Attorney Clay Jester of the law firm of Parkowski, Noble & Guerke, requested an extension of the demolition order issued to Mr. Aleck Taylor to February 13, 1985 at which time renovations to the property will be completed.
Mr. Roe pointed out that the letter from Attorney Jester, representing the owner Mr. Taylor, outlines the specific order of repairs to the structure and dates of completion. He also noted that Mr. Taylor and Mr. Jester were present at the meeting.
Mr. Richter moved to allow Mr. Jester to speak from the floor on the matter, seconded by Mr. Bulley and unanimously carried.
Attorney Jester, representing Mr. Taylor, referred to a list of improvements to 317-319 West Loockerman Street which were devised through on-site meetings with Mr. Roe. The scheduled list is as follows:
a)Remove existing front, construct new block and stucco front with new doors and windows. . . . .. . . completion - August 31, 1984
b)New roof. . . . . . . completion - November 13, 1984
c)New siding on entire building. . . . . . completion - February 13, 1985
d)All other necessary improvements including plumbing, heating and electrical inspections. . . . . . . . . . . . completion - August 13, 1985
Mr. Jester stated that the above mentioned schedule is very important to Mr. Taylor’s future since he is on military disability and the property is a part of his plans for the future. He felt that Mr. Taylor is very sincere in his motivation to go forward with renovations of the property.
Mr. Jester requested Council’s indulgence in the schedule of renovations as aforementioned.
Questioned by Mr. Tudor, Mr. Roe stated that the property has been ordered demolished and Mr. Taylor has an appeal to the Superior Court if Council does not extend the date for demolition.
Mr. Jester advised Council that in conversations with Mr. Roe, Mr. Taylor is most interested in correcting immediate safety and hazardous conditions of the building pointed out by the Chief Inspector’s office. After these items have been completed, the remainder of the renovation schedule will be the main point of concentration.
Mr. Witt expressed concern with Mr. Taylor would not be able to stick with the schedule as mentioned, adding that Council has granted extensions in the past and in three to six months, the same property is before Council floor with the same problems. At this point he might have spent substantial funds but in accordance with the promises of the property owner, he has not lived up to the renovation schedule; therefore, the demolition provision is immediately in effect. This also presents problems to the Building Inspector’s office.
Mr. Richter moved that the demolition order for 317-319 W. Loockerman Street be held in abeyance as long as the owner, Mr. Taylor, follows the schedule of renovation, with the exception that item (a) also include an affirmative electrical inspection. The motion was seconded by Mr. Bulley.
Mr. Bulley felt that based on the presentation by Mr. Jester in behalf of Mr. Taylor, the owner is conscientiously attempting to bring the structure within the provisions of the City of Dover Code; therefore, he should be given an opportunity to proceed under the guidance of frequent inspections by the Office of the Chief Inspector.
Mr. Christiansen called for the question.
By unanimous roll call vote (Mr. Boaman absent) Council approved Mr. Richter’s motion.
City Solicitor - Letter Concerning Payment in Lieu of Taxes
Mayor Carroll referred to a letter from City Solicitor Rodriguez that concerned payment for services in lieu of taxes.
Mr. Rodriguez stated that the City is unable to tax real property which is exempted by statute, i.e. property owned by the United States, the State of Delaware, Kent County, religious organizations, etc. A plan for payment is lieu of taxes imposed by the City would be unconstitutional because it would be based upon the assessed value of the real property and it would, in effect, be a tax with a different name.
Mayor Carroll pointed out that the letter states that only 13 states in the United States do not have provisions for compensation to local governments for loss in taxes revenues arising from state acquisition and ownership of real property. Thirty-seven states either make payments to local governments for certain state-owned property or allow local taxation for state property.
Mr. Rodriguez pointed out that the City could not change for services in lieu of taxes without passage of legislation by the General Assembly.
It was suggested that information be compiled to determine the policies of other states concerning tax exempt properties and compensation for services rendered by municipalities.
George and Patricia Marshall - Sign - Red Turtle Restaurant (formerly Gold Key) - Loockerman Street
George and Patricia Marshall, recent purchasers of the Gold Key Restaurant, appealed to Council on a sign designating the name of the restaurant. Mr. Marshall explained that the sign designating the Gold Key restaurant designation, The Red Turtle Restaurant. However, he was informed by Mr. Roe’s office that the new sign would require a variance through approval by the Board of Adjustments. The approval would involve approximately one and one-half months which is creating a hardship on his business. He requested some relief from Council in the time structure of the approval.
Mr. Witt moved to grant the Red Turtle Restaurant temporary relief to erect a sign until such time that the Board of Adjustments can meet and review the matter in accordance with the City of Dover Code. The motion was seconded by Mr. Weyandt and unanimously carried.
National League of Cities - Lobbying Campaign to Ensure Enactment of Cable Compromise into Law
In light of the recent rulings by the Supreme Court and the Federal Communications Commission dramatically cutting back on municipal authority over cable television and the likelihood of additional action by the FCC, a National League of Cities bulletin advised all mayors and councils of municipalities that enactment of the cable compromise is essential to preserve the regulatory and franchising authority of cities.
The letter urged city officials to meet with House and Senate members during the August recess, which begins August 10th and ends September 4th, to solicit their support for H.R. 4103 and request immediate floor action in the House.
Mayor Carroll recommended that Council support the League’s position and request that the Legislative and Finance Committee and all Councilmen contact the congressmen for the State of Delaware.
Mr. Weyandt moved for Mayor Carroll’s recommendation, seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 8:21 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 13, 1984, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
August 20, 1984
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