REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 24, 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, Ms. McDowell and Mr. Rodriguez.
The invocation was given by Reverend Wilbur Bubb.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 10, 1999
The Minutes of the Annual Council Meeting of May 10, 1999 were unanimously approved by motion of Mr. Leary, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PROCLAMATION - FLAG DAY / “PAUSE FOR THE PLEDGE OF ALLEGIANCE”
The Assistant City Clerk read the following Proclamation into the record:
WHEREAS, by Act of Congress of the United States dated June 14th, 1777, the first official Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3rd, 1949, June 14th of each year was designated “NATIONAL FLAG DAY”; and
WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14th occurs as “NATIONAL FLAG WEEK”; and
WHEREAS, on December 8th, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14th; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation’s symbol of unity, a democracy in a republic, and stands for our country’s devotion to freedom to the rule of all, and to equal rights for all.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 14th, 1999, as FLAG DAY in the City of Dover and urge all citizens to pause at 7:00 P.M. on this date for the Nineteenth Annual “PAUSE FOR THE PLEDGE OF ALLEGIANCE” to the Flag and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America.
The reading of the Proclamation was followed by the Pledge of Allegiance.
PUBLIC HEARING - PROPOSED DEMOLITION OF 1380 COLLEGE ROAD
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 1380 College Road, owned by Ms. Mahala O. Martin (123 Clover Street, Brownsville, New Jersey). The Building Inspector, Mr. DePrima, gave a brief history of staff’s contact involving the property, beginning in 1996 when a fire occurred at the residence. The building, a single family home, was determined to be dangerous on March 3, 1999. He stated that the property meets the standards of being a dangerous building since it has been vacant for over three (3) months and has deteriorated, including rotted timbers, falling ceilings, broken windows, and extensive exterior damage. Mr. DePrima showed slides depicting the condition of the structure.
Responding to Mr. Weller, Mr. DePrima stated that the building could be repaired, however, it may be less expensive to have it demolished and rebuilt.
Mr. DePrima stated that there are four (4) equitable owners of the property, including the City of Dover. He informed members that in the late 1980's or very early 1990's the former property owner participated in City and State grants for housing rehabilitation. Mr. Salters questioned whether any of the other equitable owners had expressed an interest in the property. Mr. DePrima stated that although Mr. Dan Enterline completed some initial repair work, he has had no recent contact with him.
Council President Christiansen declared the public hearing open.
Mr. Ashton Martin, 423 E. Water Street, stated that he is the son of the property owner, Ms. Martin. He stated that he was unaware that his mother had received letters from the City regarding demolition of the property. Mr. Martin spoke with Mrs. Bradley of the Inspections Department about the necessary repair work and stated that he would like to repair the building. He would also like to have the property transferred to his name and would be responsible for any financial obligations related to the house.
Responding to Mr. Salters, Mr. Martin stated that he would be able to begin repairs on the house, however, they would not be completed by the June 4th deadline. It was Mr. Martin’s opinion that he would need thirty (30) days to complete the work.
Mrs. Malone questioned whether it was legal for Ms. Martin to deed the property to Mr. Martin, given that there are other equitable owners. City Solicitor Rodriguez, stated that the property could be deeded to him and the liens of the other equitable owners would remain with the property.
Mr. Salters asked if a property transfer would relieve the owner of the City’s lien. Mr. DePrima stated that the City’s lien is a ten (10) year forgivable lien. It was agreed that, in exchange for the grant, the owner would occupy the home for a ten (10) year period. Mr. DePrima noted that there is a $12,000 State Housing Authority lien, however, he could not provide the details of the lien.
It was Mrs. Malone’s understanding that if the property transferred ownership before the grant was paid back or forgiven, the debt was to be repaid. Mr. DePrima responded that if it were transferred to an owner that does not have low or moderate income, then it would have to be repaid.
Responding to Council President Christiansen, Mr. Martin stated that he and his mother occupied the house at the time of the fire and that his mother is aware of the damage to the house.
Council President Christiansen declared the public hearing closed.
Mr. DePrima informed Council that they could extend the deadline for repairs, however, he cautioned against too long a period since it would give the impression that the building is not dangerous.
Mr. Salters suggested that the demolition date be extended by thirty (30) days to afford Mr. Martin the opportunity to bring the house up to Code. The motion was seconded by Mr. Weller.
Mr. Leary questioned whether the extension was thirty (30) days from today (May 24th) or thirty (30) days from the demolition date of June 4th. Mr. Salters stated that it would be thirty (30) days from June 4th (July 4th). Mr. Leary suggested that the deadline be July 6th, due to the holiday.
Mr. Salters moved to authorize the demolition of 1380 College Road, as recommended by the Building Inspector, providing a 30 day extension to expire July 6, 1999. The motion was seconded by Mr. Weller and carried by a unanimous roll call vote.
PUBLIC HEARING - PROPOSED DEMOLITION OF 279 TROON ROAD
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 279 Troon Road, owned by Mr. William Ingram (1101 S. DuPont Highway). Mr. DePrima stated that there are four (4) equitable owners of the property. The building, a single family home currently under construction, was determined to be dangerous on September 23, 1998. First contact with the owner was made in July 1998, at which time he was informed of the violations. Records indicate that the building was originally permitted for construction in November of 1996, with an intended completion date of May 1997. Since mid-1997, the building has remained unattended and unfinished. Specifically, three (3) sides of the building are without brick or vinyl siding, the garage is unfinished, and there is public access to the building through an unlocked door. Mr. DePrima showed slides depicting the condition of the structure.
Mr. DePrima stated that this property meets the standards of being a dangerous building because it has been abandoned and unattended for more than three (3) months. Specifically it meets the following Definition of a Dangerous Building as set forth in Section 5-86 (1) of Article VI: “Those buildings which are left unoccupied and unattended for periods of three (3) months or more such that decay is being accelerated by natural or man-made causes or which may be attracting trespassers and vagrants increasing the probability of fire and danger to human life.”
According to Mr. DePrima, the property owner felt that he was not properly noticed initially and, as a result, a second notice was sent in September 1998. At that time, the owner indicated that he would complete the building.
Mr. DePrima stated that since the house is new, it is not a good candidate for demolition. He suggested boarding it up, repairing it to make it as safe as possible, and vigorously trying to prosecute the owner. Mr. DePrima stated that it would cost an estimated $15,000 to demolish the building and approximately $27,000 to bring construction to completion.
Mr. Lambert questioned the likelihood of the City recovering the money spent to repair or complete the structure. Mr. DePrima responded that he prefers to emphasize prosecuting the owner rather than making the necessary repairs.
Responding to Mr. Weller, Mr. DePrima stated that complaints were received regarding the property from at least three (3) different neighbors.
Mr. Leary asked Mr. DePrima if his department has extended every courtesy possible to the parties involved in order to have the situation rectified. Mr. DePrima responded in the affirmative.
Mr. Truitt questioned whether or not the City could sell the property at public auction for non-compliance. City Solicitor Rodriguez stated that the existing liens are primary and any liens placed on the property would be secondary. He concurred with staff’s suggestion to board the house up and pursue prosecution. (City Clerk’s Note: Correspondence dated May 25, 1999 received from City Solicitor Rodriguez indicates that 25 Del. C. §2901, a recent amendment to the Code, provides that municipalities can have a lien which has priority over all other liens if the appropriate procedure is followed for “charges for the costs of razing or demolition of buildings done through public expenditure” and “duly authorized improvements to the exteriors of buildings done through public expenditure.” It also provides for a priority of fines levied for violations).
Council President Christiansen declared the public hearing open.
Mrs. Christy Carey, representing Valley Pine Mortgage (first lien holder on the property), informed members that she is a partner at Schmittinger and Rodriguez and stated that she spoke with both her client and City Solicitor Rodriguez regarding any potential conflicts. She assured members that her client has waived conflict. Mrs. Carey stated that Valley Pine Mortgage has filed a foreclosure action against the property. Valley Pine Mortgage does not want the property demolished, however, they do not wish to expend any money to complete the house. Mrs. Carey indicated that if the City were to proceed with the demolition, Valley Pine Mortgage may reconsider their position.
Mr. Patrick Scanlon, attorney for Dover Development Associates, L.L.C., stated that the situation is rapidly moving toward a resolution. The foreclosure has been filed and a Motion for Summary Judgement is before the court. Mr. Scanlon stated that Mr. Ingram has recently negotiated a new contract on the property, for which he received a substantial down payment, and that Mr. Ingram has assured him that work on the siding would begin tomorrow. Mr. Scanlon explained that the unlocked door providing public access to the building is a steel door which was left unlocked. He stated that he would instruct his client to ensure that the door remains locked. He also informed members that the house is approximately 95% complete.
Responding to Council President Christiansen, Mr. Scanlon stated that it would take approximately 10 to 14 days to clean the property up and install the siding and another 45 to 60 days for the house to be completed and sold.
Council President Christiansen declared the public hearing closed.
Mr. Leary moved to authorize the demolition of 279 Troon Road, seconded by Mrs. Malone.
On a question on the motion, Mr. Pitts suggested that the motion require the owner to immediately begin removing debris. Responding, Mr. Leary stated that the owner has the option of working on the property.
Mr. Salters expressed concern that the owner could complete only enough work to make the building safe but leave the building incomplete. Mr. DePrima stated that in order to make the house safe, the back porch would need to be enclosed by either boarding it up or installing windows, the garage floor would need to be completed and a garage door installed, siding would need to be installed, and the grounds would need to be cleaned up. He stated that if the owner fails to make the necessary repairs by June 4th, the owner will be fined $100 per day. Within 10 days (June 14th) the City can begin demolition procedures which would either be to begin making the necessary repairs, vacate and close, or demolish the property.
Mr. DePrima stated that if the City boards up the house, the owner will be billed for material and labor costs. If the owner does not pay the bill, the City will attach a lien to the property.
Responding to Mr. Lambert, Mr. Leary clarified that by authorizing demolition in accordance with the Building Inspector’s recommendation does not require demolition. It simply provides the Building Inspector the necessary tools to resolve the situation.
Mr. Lambert questioned if Mr. DePrima intended to demolish the building on June 15th. Mr. DePrima stated that he would like all of the options available in order to explore the best resolution. He assured members that he will move prudently and will not put the City at risk.
Council President Christiansen reminded members that although the motion would allow City Staff to proceed with the demolition process, it takes several months to go through all the processes required before actual demolition of the property occurs.
Referring to the many items that the Building Inspector reported as being necessary to bring the building up to City standards, Mr. Truitt recommended that the specific details be included in the motion.
Mr. Leary agreed to amend his motion to reflect the specific items, as did Mrs. Malone, seconder of the motion. Mr. DePrima stated that Mr. Ingram has already been provided with the list of necessary repairs, which are on file in his office.
On a call for the question by Mrs. Malone, the motion authorizing the Building Inspector to proceed with the demolition process, providing that Mr. Ingram has not completed the following repairs prior to June 4, 1999: 1) Complete exterior of the structure (vinyl siding, brick, etc.); 2) Complete construction of the chimney; 3) Install overhead doors for garage; 4) Pour concrete floor in garage; 5) Complete construction of the rear porch; 6) Install flashing around chimney, garage, and dormers; and 7) Clean up all trash and debris on exterior, interior, and in the crawl space, was carried by a unanimous roll call vote.
APPOINTMENTS (RECOMMENDED BY COUNCIL PRESIDENT CHRISTIANSEN)
Council President Christiansen recommended the following appointments:
Legislative and Finance Committee
Reuben Salters, Chairman
Thomas J. Leary
Holly L. Malone
Bruce T. Gorman
Utility Committee
Robert W. Lambert, Chairman
Carleton E. Carey, Sr.
Charles A. Weller
Parks and Recreation Committee
Holly L. Malone, Chairwoman
John W. Pitts
William P. Truitt
Safety Advisory Committee
William P. Truitt, Chairman
Carleton E. Carey, Sr.
John W. Pitts
W. Frank Wolfe
Civilian Pension Board
Reuben Salters
William P. Truitt
Police Pension Board
Reuben Salters
William P. Truitt
Code Board of Appeals
John W. Pitts, Chairman
William P. Truitt
Mr. Leary moved for approval of the appointments, as recommended by Council President Christiansen, seconded by Mr. Lambert and carried by a unanimous roll call vote.
MISCELLANEOUS APPOINTMENTS (RECOMMENDED BY COUNCIL PRESIDENT CHRISTIANSEN)
Council President Christiansen recommended the following appointments:
Kent County Tourism
John W. Pitts
Liaison to Chamber of Commerce and Greater Dover Committee
Mayor Hutchison
Thomas J. Leary
Liaison to Kent County (City/County Committee)
Mayor Hutchison
Carleton E. Carey, Sr.
Thomas J. Leary
Holly L. Malone
Reuben Salters
James O’Connor
Communications Committee
Robert W. Lambert, Chairman
Charles A. Weller
Irving S. Levitt
Kishor C. Sheth
Transportation Review Committee
Charles A. Weller, Chairman
John W. Pitts
William P. Truitt
John Friedman
Roy Bogus
Mrs. Malone moved for approval of the appointments, as recommended by Council President Christiansen, seconded by Mr. Leary and carried by a unanimous roll call vote.
COMMITTEE APPOINTMENTS (RECOMMENDED BY MAYOR JAMES L. HUTCHISON)
Mayor Hutchison recommended the following appointments:
Dover Public Library Advisory Commission (Annual)
Robin R. Christiansen
Election Board - Three Year Term to Expire May 10, 2002
William Garfinkel
Silver Lake Commission (Annual)
Michael Malkiewicz, Chairman
Zachery Carter
Robert Gorkin
Baxter J. Hill
John C. Stith
Sherman L. Townsend
Downtown Dover Development Corporation (Annual)
Thomas J. Leary
Reuben Salters
William P. Truitt
James O’Connor
Anthony DePrima
Mrs. Malone moved for approval of the appointments, as recommended by Mayor Hutchison, seconded by Mr. Leary and carried by a unanimous roll call vote.
APPOINTMENTS (RECOMMENDED BY MAYOR JAMES L. HUTCHISON)
Dover Public Library Commission - 5 Year Term to Expire June 16, 2004
Dr. Morris Eskenazi
Mrs. Malone moved for approval of the appointment, as recommended by Mayor Hutchison, seconded by Mr. Carey and unanimously carried.
Greater Dover Arts Council - 2 Year Terms to Expire June 1, 2001
Jane Richter
Rosemary Woodward
It is noted that Reuben Salters, Donald Parks, and Irving S. Levitt will continue to serve as advisory, non-voting members.
Mrs. Malone moved for approval of the appointments, as recommended by Mayor Hutchison, seconded by Mr. Leary and unanimously carried.
Planning Commission - 3 Year Terms to Expire June 1, 2002
Frank Traynor - First District (to fill the expired term of Rexene Ornauer)
Col. Robert D. Welsh - First District
Thomas Holt - Third District
Mr. Carey moved for approval of the appointments, as recommended by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote.
MONTHLY REPORTS - APRIL 1999
By motion of Mrs. Malone, seconded by Mr. Carey, the following monthly reports were accepted by consent:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager’s Report
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
REQUEST TO WITHDRAW APPLICATION FOR REZONING OF PROPERTY LOCATED AT 686 S. DUPONT HIGHWAY OWNED BY WILLIAM C. AND DORIS J. TORBERT
During their Regular Meeting of April 26, 1999, Council referred a request to rezone property located at 686 S. DuPont Highway, owned by William C. and Doris J. Torbert, to the Planning Commission and set a public hearing for June 14, 1999.
A letter was submitted by Mr. Torbert requesting withdrawal of the rezoning request.
Mr. Leary moved to accept the applicants letter of withdrawal, seconded by Mrs. Malone and unanimously carried (Mr. Truitt abstained).
SET PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution) prior to adoption of the budget. Staff recommended that the Public Hearing be set for June 14, 1999 at 7:30 p.m.
Mr. Lambert moved for approval of staff’s recommendation, seconded by Mr. Salters and unanimously carried.
Mrs. Malone moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:00 P.M.
TRACI A. MCDOWELL
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of May 24, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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