REGULAR MEETING
April 11, 1983
The Regular Meeting of Council was held on April 11, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Carey, Witt and Shevock. Councilman Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested that item #6 (Tax Appeals Committee Report) be given prior to the Legislative and Finance Committee Report.
Mayor Carroll referred to a letter from Mr. & Mrs. Robert J. Roswell of 1674 East Division Street, requesting annexation and suggested consideration under correspondence.
Council unanimously approved the agenda as modified.
RESOLUTION - JAMES P. MUIR - FORMER COUNCILMAN AND VICE-MAYOR
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous vote adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of James P. Muir, a former Councilman and Vice-Mayor for the City of Dover, who departed this life on March 30, 1983; and
WHEREAS, James P. Muir faithfully served as Councilman for the City of Dover from March 8, 1971 to May 12, 1980 and was Vice-Mayor under Mayor Charles A. Legates, from 1976 to 1980; and
WHEREAS, during James P. Muir’s tenure as Councilman he was a member of the Utility Committee; Building, Housing & Plumbing Code Committee; Legislative and Finance Committee, for which he served as Chairman from 1976; the Committee of Committees; the Building Code Appeals Committee, for which he was Chairman; and the Plumbing Code Appeals Committee; and
WHEREAS, James P. Muir devoted unselfishly, the better part of his life to the affairs of his church, state, and city and touched those whom he knew with his kindness and good humor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover express their regret at the death of James P. Muir who departed this life on March 30, 1983.
2. The Mayor and Council of the City of Dover extend their appreciation for the contributions made by James P. Muir when serving as a member of the important committees of the City and as Vice-Mayor from 1976 until 1980.
3. The Mayor and Council of the City of Dover extend their deepest sympathy to the family of James P. Muir.
4. The Mayor and Council direct the Clerk of Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of James P. Muir.
ADOPTED: APRIL 11, 1983
RESOLUTION - SPRING CLEAN UP
By motion of Mr. Boaman, seconded by Mr. Witt, Council unanimously approved the following resolution:
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City, and
WHEREAS, the annual Old Dover Days will be celebrated May 7, 1983.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 16th - 24th, 1983 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Special Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: APRIL 11, 1983
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 28, 1983
The Minutes of the Regular Council Meeting of March 28, 1983 were unanimously approved by motion of Mr. Richter, seconded by Mr. Carey and bore the written approval of Mayor Carroll.
TAX APPEALS COMMITTEE REPORT
Public Hearing - Tax Appeal - Reformed Presbyterian Church of Dover, Inc.
The Tax Appeals Committee considered a request of Reverend Broadwater, representing the Reformed Presbyterian Church of Dover, Inc. (P.O. Box 1247, Dover, DE) to reduce their present assessment of $6,000 to an exempt status and recommended that Council grant exemption.
Mayor Carroll declared the hearing open.
Reverend Broadwater, representing the church, was present to support exempt status for the church, stating that the Reformed Presbyterian Church of Dover, Inc. is a non-profit establishment.
Mayor Carroll declared the hearing closed.
Mr. Boaman moved for approval of the Tax Appeals Committee recommendation for exempt status, seconded by Mr. Witt and carried by a unanimous roll call vote (Mr. Hardcastle absent).
Public Hearing - Tax Appeal - August G. and James W. Nunnery II - 25 Bennington Street
The Tax Appeals Committee considered a request by Augusta G. and James W. Nunnery II, of 25 Bennington Street in Pine Grove Farms, to reduce their present assessment of $21,500 and recommended denial with the stipulation that the Assessor recheck all pertinent information to ensure that the present assessment is correct.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the appeal and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Boaman moved for approval of the Tax Appeals Committee, denying property tax reduction for 25 Bennington Street, noting that the property will be rechecked to ensure that all pertinent information on the present assessment is correct. The motion was seconded by Mr. Witt and carried by a unanimous roll call vote (Mr. Hardcastle absent).
Public Hearing - Tax Appeal - Jardel Company, Inc. - 555 E. City Line Avenue - Bala Cynwyd, PA - (Blue Hen Mall)
The Tax Appeals Committee considered a request by Jardel Company, Inc., 555 E. City Line Avenue, Bala Cynwyd, PA. To reduce the present assessment of $6,016,200 to $5,100,000 and recommended denial of the appeal.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the appeal and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Richter, Council by unanimous roll call vote (Mr. Hardcastle absent) denied the tax appeal request of Jardel Company, Inc.
Public Hearing - Tax Appeal - Dover Downs Company, Inc. - P.O. Box 843, Dover, DE
The Tax Appeal Committee considered an appeal from Dover Downs Company, Inc. (North DuPont Highway) to reduce their present assessment of $5,058,400 by $3,158,400, or a total assessment of $1,900,000 and recommended denial of the appeal. The appeal was relative to the racetrack and improvements on North DuPont Highway.
Mayor Carroll declared the hearing open.
Mr. Denis McGlynn, President and General Manager of Dover Downs, was present and informed Council that he felt that the original assessment of $5,058,400 was established at a time when the ability of Dover Downs to produce revenue was much greater than it is currently. He compared Dover Downs’ situation with that of Delaware Park that involves 700 acres. Recently, there was a publicized offer for Delaware Park of 7.5 million dollars, which is roughly $10,00 per acre. Dover Downs maintains 200 acres and at that same level of value, Dover Downs would calculate to be two million dollars rather than the $5,058,400 assessment. With this comparison, Mr. McGlynn felt that Dover Downs has justification for appealing the present assessment of the City of Dover.
Mr. Tudor asked if the City does consider the success or income of a business in establishing an assessment.
City Assessor McDowell stated that they City does not normally consider income in arriving at an assessment. Basically, the City assessment is valued on replacement cost less depreciation. At the time of the Dover Downs re-evaluation, comparable sales were considered, if any, and income capitalization to prove the values calculated. He pointed out that Dover Downs is not the only establishment under economic distress.
There was no one else present to speak for or against the appeal and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Boaman moved for approval of the Tax Appeals Committee recommendation for denial of the $3,158,400 reduction, seconded by Mr. Richter.
Stemming from further questioning by Mr. Tudor, Mr. Richter stated that the Committee reviewed the assessed value of adjacent properties to Dover based on acreage of land and square footage of improvements to determine if the property in question, being Dover Downs, was assessed in a fair and equitable way.
By unanimous roll call vote, Council denied the tax appeal of Dover Downs Company, Inc.
Public Hearing - Tax Appeal - Modern Maturity Center, Inc. - 18 Greenhill Avenue
The Tax Appeals Committee considered a request by the Modern Maturity Center, 18 Greenhill Avenue, for tax exempt status, noting that their present assessment is $197,500. The Committee recommended approval of the exempt status.
Mayor Carroll declared the hearing open.
Attorney Richard Barros was present representing the Modern Maturity Center, stating that the Center services a great many needs of senior citizens in the community and presently maintains a membership of 4,000 in the City proper. He further stated that the Modern Maturity Center is a charitable organization receiving full charitable benefits. Mr. Barros stated that the Modern Maturity Center was tax exempt when located on Division Street and added that the establishment does not lease or sublease any of its present holdings. Supporting funds are received from the United Way and other state and federal agencies. Noting that the Center supports a charitable need, he requested Council’s approval of a tax exempt status to further aid in expanding the establishment’s services.
There was no one present to speak for or against the tax exemption and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Carey, Council by unanimous roll call vote (Mr. Hardcastle absent) approved tax exemption for the Modern Maturity Center.
Mr. Boaman informed Council that there is a matter of taxes for the Modern Maturity Center that are past due in the amount of $2,646,30 that the Committee did not act upon due to the fact that the Modern Maturity Center was not tax exempt at the time of billing. He moved that the past due taxes in the amount of $2,646.31 remain in effect and due the City of Dover, seconded by Mr. Richter.
Mr. Witt questioned that the matter should be considered by committee before final action by Council.
By a vote of five (5) yes, one (1) no (Mr. Witt), with Mr. Hardcastle absent, Council ruled that the past due taxes of the Modern Maturity Center in the amount of $2,646.31 are due the City.
By motion of Mr. Shevock, seconded by Mr. Witt, the report of the Tax Appeals Committee was unanimously approved (Mr. Hardcastle absent).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 5, 1983 with Chairman Boaman presiding.
General Fund Budget - Fiscal Year 1983/84
Chairman Boaman informed Council that the committee reviewed the General Fund Budget for fiscal year 1983/84 and also the proposed property tax rate. He requested that any discussion on the budget be postponed at this time.
Setting of Property Tax Rate
The Legislative and Finance Committee recommended that the tax rate for 1983 be set at $1.27 per $100 of assessed value and Mr. Boaman so moved for the recommendation, seconded by Mr. Shevock.
Mr. Richter reminded those present that a majority of Council was present at the Legislative and Finance Committee meeting where there was a difference in opinion on the proposed tax rate to be set. It was his feeling that Council should set a tax rate to support all of the services now furnished and commended the City Manager on his preparation of the budget and the recommendation of the Legislative and Finance Committee.
He added that the City’s experiment with once per week trash pick up is a failure and stemming from conversations with citizens, would like to see the City re-initiate twice per week trash pick up. Mr. Richter, therefore, moved to amend Mr. Boaman’s motion to set a tax rate at $1.32 per $100 of assessed value, seconded by Mr. Shevock.
Noting that the budget does not have to be adopted until the month of June, the short time that has expired to consider a $1.32 tax rate, and the need for further study of all facets of the General Fund Budget, Mr. Witt suggested postponement of setting a tax rate until the next meeting when full Council will be present.
Mr. Witt moved to table action on setting of the tax rate and the amendment offered by Mr. Richter, seconded by Mr. Carey.
By a roll call vote of three (3) no (Mr. Richter), Mr. Boaman and Mr. Shevock) and three (3) yes (Mr. Tudor, Mr. Carey and Mr. Witt) with Mr. Hardcastle absent, the motion to table was defeated.
A roll call vote on Mr. Richter’s amendment to set a tax rate of $1.32 per $100 of assessed value was defeated with Mr. Richter, Mr. Boaman and Mr. Shevock voting yes and Mr. Tudor, Mr. Carey and Mr. Witt voting no, and Mr. Hardcastle absent.
A roll call vote on Mr. Boaman’s motion to set a tax rate of $1.27 per $100 of assessed value defeated the motion with Mr. Richter, Mr. Boaman and Mr. Shevock voting yes, and Mr. Tudor, Mr. Carey and Mr. Witt voting no, with Mr. Hardcastle absent.
Relating to members of Council who voted no on setting the proposed tax rate, as recommended by the Legislative and Finance Committee, and the committee’s contribution in reviewing the budget, Mr. Boaman suggested that the members voting no submit a proposal to Council establishing a tax rate.
Mr. Richter moved to defer further action on the budget and tax rate until the next Council Meeting, seconded by Mr. Witt and carried.
Mr. Witt moved to accept the Legislative and Finance Committee Report as submitted, seconded by Mr. Carey and carried with Mr. Boaman voting no.
SET PUBLIC HEARING - NON-COMPLIANCE OF DEMOLITION ORDER - BERNARD A. BRUNER - FINISH LINE TAVERN
By motion of Mr. Shevock, seconded by Mr. Carey, Council set a public hearing, related to property owned by Bernard A. Bruner (Finish Line Tavern) for non-compliance of a demolition order; said public hearing to be held on April 25, 1983 at 7:30 p.m. The motion was unanimously approved.
REZONING REQUEST - 1027 S. GOVERNORS AVENUE- LOTS #29 & #30 - ABRAHAM MERSKY
A request was received to rezone property located on 1027 S. Governors Avenue, owned by Abraham Mersky (equitable owner is Ciriaco G. Bongalos), for the purpose of a residence and office.
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Carey, Council by unanimous roll call vote (Mr. Hardcastle absent) referred the matter to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 1027 S. Governors Avenue (lots #29 & #30) are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on May 23, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to RG-0 that property located at 1027 S. Governors Avenue (lots #29 & #30), owned by Abraham Mersky.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: APRIL 11, 1983
CORRESPONDENCE
S.P.C.A. - Request to Hold Yard Sale - City Hall Parking Lot
A letter was received from Gary L. Houpt, President of the S.P.C.A., asking Council’s approval to hold a yard sale in the City Hall parking lot on Saturday, April 16, 1983.
Mr. Witt moved for approval of the request, with all aspects of the function to be coordinated with the City Manager, Chief Inspector, and Chief of Police. The motion was seconded by Mr. Richter and unanimously carried.
Anti-Trust Legislation - City Solicitor Rodriguez
Correspondence was received from City Solicitor Rodriguez updating Council on proposed anti-trust legislation that would exempt municipalities; said legislation being devised by the City of Newark, Wilmington and Dover.
Mayor Carroll suggested that the matter be referred to the Legislative and Finance Committee for their study and recommendation to Council for endorsement and/or rejection.
Mr. Witt moved for Mayor Carroll’s recommendation, seconded by Mr. Carey and unanimously carried.
Annexation Request - Mr. & Mrs. Robert J. Roswell - 1674 E. Division Street
A letter was received from Mr. & Mrs. Robert J. Roswell of 1674 E. Division Street requesting annexation into the City.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
MARCH OF DIMES WALK-A-THON - MAYOR CARROLL AND MAYOR GEORGE WRIGHT OF SMYRNA
Mayor Carroll announced a walk-a-thon to be held by the March of Dimes on April 23rd where Mayor George Wright and himself will attempt a walk between Dover and Smyrna to aid in raising funds. He requested that everyone possible sign up for a contribution towards the function.
Meeting Adjourned at 8:20 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 11, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
April 18, 1983
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