REGULAR COUNCIL MEETING

The Regular Council Meeting was held on September 23, 1996 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.

Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman 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 Councilman Salters, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Salters requested the addition of the following:

            Schutte Park - Phase I Development

            Mower Bids

            Land Sale for J.P. Court #7

Mr. Hare moved for approval of the agenda as amended, seconded by Mr. Fenimore and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1996

The Minutes of the Regular Council Meeting of September 9, 1996 were unanimously approved by motion of Mr. Salters, seconded by Mr. Fenimore and bore the written approval of Mayor Hutchison.

PRESENTATION - KARL DORZBACK

Mayor Hutchison presented a Dover Cup to Mr. Karl Dorzback in recognition of service he rendered on behalf of the City, while serving as a member of the Board of Adjustments. Mr. Dorzback served on the Board of Adjustments from 1988 through 1996. Mr. Dorzback stated his appreciation for the recognition and stated that it was a pleasure to serve the citizens of Dover.

PROCLAMATION - HALLOWEEN OBSERVANCE

The City Clerk read into the record the following Proclamation:

WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and

WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats as is the custom of the celebration of Halloween; and

WHEREAS, the observation of this holiday brings joy to many children as they travel with friends and families, showcasing their costumes; and

WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Thursday, October 31, 1996 between the hours of 6:00 p.m. and 8:00 p.m.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:

1.    That the Halloween Trick-or-Treat observance shall be held on the 31st day of October, 1996 between the hours of 6:00 p.m. and 8:00 p.m.

2.   That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time, in an effort to maintain a fun and safe environment for everyone participating in the festivities.

PUBLIC HEARING - PROPOSED DEMOLITION OF 102 S. NEW STREET

A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 102 S. New Street, owned by Jeanne Solomon. The Building Inspector, Mr. DePrima, stated that the property is a two story wood frame house with a garage. The house is vacant and unsecured, and has electric code violations and structural deterioration. Mr. DePrima showed slides depicting the condition of the structure. This property has been

vacant and people have gained entry into the structure. There is an accumulation of debris and junk on and around the property.

Mr. Salters asked if the property could be repaired to City standards. Mr. DePrima stated that if the owner is prepared to make the financial commitment, then the property could be brought up to City standards. Responding to questions by Mr. Leary, Mr. DePrima stated that all public notice requirements have been met as well as many conversations and/or letters to the owner prior to the decision to bring the matter before City Council.

Mr. Fenimore stated that the owner is attempting to sell the property and asked if Mr. DePrima had knowledge of these efforts. Mr. DePrima stated that the owner is making a good faith effort to sell the property but that the City has an obligation to act on a hazardous structure. He reminded Mr. Fenimore that it could take a very long time to sell the property. If the property owner is making a good faith effort to sell the property and if she can properly secure the property in the interim, Mr. Fenimore asked why the City would need to take action for demolition.

Mr. DePrima stated that it takes several months to go through all the processes required for demolition. Typically, property owners do not take the matter seriously until City Council has become involved. He reminded Council that receiving authorization for demolition in no way requires demolition of a property. It simply authorizes the demolition if the property owner does not or cannot bring the property up to City standards. Mr. Fenimore stated his objections to giving this type of leverage to the Inspections Department if it is not truly needed.

Mr. Fenimore stated his opinion that the City needs to address the matter of vandalism and how we intend to resolve this problem. He felt it somewhat unfair of the City to hold a property owner responsible for vandalism on their property. If the property owner has taken the necessary precautions of boarding up all windows and doors and someone other than the owner gains access to the building, then they should be arrested.

Mr. Hare reminded members of Council that he chaired a committee to review some of the problems in the Downtown Dover area and he felt that he got very little support from members of Council when changes were proposed. He commended the House of Pride for the efforts being made to improve the area.

Mr. Salters reiterated that approval by Council to authorize the Building Inspector to demolish a structure does not mean that it will automatically be demolished. The Building Inspector would only proceed with demolition as a last resort.

Council President Christiansen declared the public hearing open.

Mrs. Jeanne Solomon of 10 Manor Drive addressed City Council as the owner of the property. She informed members of Council that she purchased the property many years ago as a rental property. She rented the house to the same person for over 13 years and experienced no problems with the house or the neighborhood. However, when the renter passed away, the tenant's children continued to rent the house and since that time the house has deteriorated and the neighborhood has gone down hill. She had a difficult time collecting rent and was not capable of managing the property. She finally got the renters to move out and she boarded up the structure, but people continue to break into it.

Mrs. Solomon stated that she is trying to sell the property and is currently working with a representative of the Dover Housing Development, Inc. and with Marian Harris of the House of Pride. She hopes to get an offer from one or both of the above to purchase the property and within the next three months the matter should be settled. She explained that she has spent a considerable amount of money on the property and has cooperated with the City in every possible way. Mrs. Solomon stated that if she cannot get an offer on the house that she feels is fair, she may donate the property to the House of Pride or to Habitat for Humanity.

Council President Christiansen declared the public hearing closed.

Asked by Mr. Hare if the Police Department has experienced problems at this property, Chief Smith stated that he would have to review their complaint lists to determine if problems have been experienced at this particular address, but he stated that the Police Department has experienced many problems in this general area of New Street.

Mr. DePrima reminded members of Council that Mrs. Solomon stated that she is not able to manage the property. His department has evidence that the property has been broken into and is a threat to the neighborhood. He reiterated that City Council is not being asked to have the structure demolished immediately, but rather they are being asked to give him the authority to have the structure demolished if all other efforts to rehabilitate the property fail.

Mr. Lambert voiced concern with authorizing demolition on this property in light of the fact that the owner has done everything asked of her by the City to try to maintain the property and the fact that sale of the property appears imminent. Since he does have concerns with possible safety issues, he suggested that Council delay action for 60 to 90 days and that the Inspections Department keep an eye on the property in the interim.

Mr. Leary stated that Mr. DePrima and the employees of his department have shown remarkable flexibility in the past with working with owners in similar situations as Mrs. Solomon. He stated no hesitation in giving demolition authority to Mr. DePrima, feeling confident that it would only be exercised as a last resort.

Regardless of how similar situations have been handled in the past, Mr. Fenimore reiterated his feeling that each case should be considered on its own merits. He stated his opinion that in this particular case, Council should delay action on demolition authority for at least 60 to 90 days to allow Mrs. Solomon the time needed to pursue sale of the property.

Mr. Pitts moved to authorize demolition of 102 S. New Street, subject to the final discretion of the Building Inspector. The motion was seconded by Mr. Leary. Although it was not included in the motion, Council President Christiansen stated that it was the general consensus of City Council that the Building Inspector will allow reasonable time for the owner to pursue sale of the property prior to taking action of demolition.

Noting that the Building Inspector has brought to Council's attention that this property has potential for danger to the community, Council President Christiansen asked the City Solicitor if the City could be held liable if Council takes no action on the proposed demolition and someone should become injured on the property. City Solicitor Rodriquez stated that once a possible hazard has been brought to our attention, we are on notice of the situation and we have a duty to move forward to eliminate any possible hazards.

Referring to Mr. Rodriquez' statement, Mr. Fenimore stated his opinion that delaying action on demolition authorization for 90 days to allow the owner to continue working towards compliance shows no lack of action by City Council, especially in light of the fact that the Inspection's Department would continue to monitor the property.

Mr. Fenimore called for the question on the motion to authorize the demolition of 102 S. New Street. The motion was carried by a roll call vote of six (6) yes, three (3) no (Mr. Lambert, Mr. Fenimore and Mr. Salters).

PUBLIC HEARING - PROPOSED DEMOLITION OF 37 S. NEW STREET AND 38 S. NEW STREET

A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 38 S. New Street, owned by Mary Elyn M. Massey and 37 S. New Street, owned by Kevin Wilson. The Building Inspector, Mr. DePrima, stated that the property at 38 S. New Street is a two story wood frame house. The house is vacant and unsecured, has structural deterioration and is a fire hazard. Mr. DePrima showed slides depicting the condition of the structure. He stated that this property does not have extensive structural damage, but is dangerous as a vacant building as people are entering the structure, there is accumulating trash and it is attracting rodents.

Mr. DePrima stated that the property located at 37 S. New Street, owned by Kevin Wilson, is a two story wood frame house. The house is vacant and has been attracting vagrants and children from the surrounding neighborhood. It has structural deterioration and is a fire hazard. Mr. DePrima showed slides depicting the condition of the structure.

People from the neighborhood have pulled the porch from the rear structure of the house. Mr. DePrima stated that it is very fortunate the someone was not injured during this act of vandalism. The slides show that people are gaining entry into the house.

Council President Christiansen declared the public hearing open.

Mr. John Paradee, an attorney representing Kevin Wilson, stated that Mr. Wilson is the owner of 37 S. New Street and is the equitable owner of 38 S. New Street. Mr. Paradee stated that he is also speaking on behalf of the House of Pride. As an avid supporter of the efforts of the House of Pride, Mr. Paradee stated that he volunteers his services to them because he believes in their cause.

Mr. Paradee stated that Marian Harris and the House of Pride have been working closely with Mr. Wilson over the last six months in attempts to rehabilitate 37 and 38 S. New Street. He stated that he has contracts of sale for the properties, but they are unsigned because of the City's threat of condemnation and ultimate demolition. The reason the contracts were not signed earlier and the reason attempts to rehabilitate 38 S. New Street were stalled is due to the cooperation of Mr. Wilson with the City of Dover Police Department, who have been using the property as a stakeout to observe criminal activity in the area. Had it not been for Mr. Wilson's desire to assist the Police Department, the sale contract for this property would have been signed earlier this summer.

Referring to the property at 37 S. New Street, Mr. Paradee stated that the porch did not fall off. The porch was pulled down by drug dealers in retaliation for Mr. Wilson's efforts to assist in the eradication of the drug problem in the neighborhood.

Referring to the property at 38 S. New Street, Mr. Paradee stated that the property is structurally sound. Correspondence from the City to the property owner makes no mention of any structural problems with the property. All complaints relate to the fact that the property is vacant.

Mr. Paradee reminded Council that a condemnation order would severely jeopardize financing for the two properties. He stated that authorization for demolition is a very powerful tool and he objected to a legislative body lightly handing off that power to a department head. He asked City Council to show the people involved in these properties that their efforts are worthwhile by not approving demolition of 37 and 38 S. New Street. He gave his assurance that if the properties are spared from the demolition order, they will work with the utmost of good faith to move along the pending sales contracts.

Council President Christiansen declared the public hearing closed.

Mr. Hare moved to recess into executive session to discuss legal matters. The motion was seconded Mr. Leary and unanimously carried. The meeting recessed at 8:40 p.m. and reconvened at 8:47 p.m.

Noting that this evening is the first time that any mention has been made of a pending sales contract on the properties, Mr. Hare stated his feeling that the owners of the property and/or their representative should have communicated this information to the Building Inspector prior to the demolition public hearing. Referring to the use of the properties by the City Police Department, Mr. Hare stated that for obvious security reasons, City Council and City staff are not cognizant of properties being used for police surveillance. However, since the owners were aware of this and of the proposed public hearing for demolition authorization, he felt that the owners should have contacted Chief Smith to coordinate information relative to the property prior to the public hearing.

Mr. Hare moved to authorize the demolition of 37 S. New Street and 38 S New Street, subject to the final discretion of the Building Inspector, seconded by Mrs. Malone.

Mr. Lambert and Mr. Fenimore suggested delaying action on demolition proceedings for 30 days to determine if the sales contracts can be realized. Mr. Fenimore stated his opinion that although members of Council agree that the Building Inspector will use discretion when having a structure demolished, he reminded them that when they vote to authorize the Building Inspector with this power, it is then out of the hands of Council.

Since there is a possibility that a demolition order could jeopardize the sale contract, Mr. Truitt suggested that the motion include the stipulation that demolition actions be delayed for 30 days. He offered the stipulation as an amendment to the motion, which failed due to the lack of a second.

Referring to Mr. Paradee's remark that Council is "lightly handing this off" to the Building Inspector, Mr. Leary stated that there is nothing "light" about this type of decision. He stated that such a decision is one that is made for the greater good of the community. The properties are public hazards and City Council has a responsibility to the community at large to take the necessary steps to safeguard its citizens.

On a call for the question on the motion by Mrs. Malone, the motion to authorize demolition of 37 and 38 S. New Street was carried by a roll call vote of six (6) yes and three (3) no (Mr. Lambert, Mr. Truitt and Mr. Fenimore).

MONTHLY REPORTS - AUGUST 1996

By motion of Mr. Hare, seconded by Mr. Leary, the following monthly reports were accepted:

      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

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on September 23, 1996 with Chairman Salters presiding.

Schutte Park - Phase I Development

Over the past year, Kent Conservation District has been working on the grading and seeding of Schutte Park. It will cost $50,000 to complete the grading and seeding of the complex by the Conservation District this fall. Payment for this work will be provided from the Delaware Land and Water Conservation Trust fund, along with matching funds from the Parkland Reserve Fund.

The Delaware Land and Water Conservation Trust Fund Grant has been increased in the amount of $30,000 by the State Division of Parks and Recreation, resulting in the total funding of $330,000 from the Delaware Land and Water Conservation Trust.

The committee recommended that the Kent Conservation District be authorized to complete the grading and seeding of the Schutte Park complex at a cost not to exceed $50,000.

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.

Land Sale for J.P. Court #7

The City Manager has received an agreement for land sale to the State of Delaware for the location of a new Justice of the Peace Court #7 building. Mr. O'Connor stated that negotiations have been going on for several months between representatives of the Downtown Dover Development Corporation, the City and the State. With the City Police Department being one of the largest users of the facility, it will be an asset to have the J.P. Court #7 facility located so closely to our Police Station.

The facility will be located on the back corner of the block, directly behind the Police Station, and will be approximately 16,000 sq. ft. The agreement points out the sale of the footprint of the building which comprises approximately 8,000 sq. ft. of land. It allows access to parking facilities that the City will construct and maintain. The sale price is $290,000, with $10,000 payable upon approval of the agreement and the balance due upon settlement. Mr. O'Connor reviewed various aspects of the agreement. The agreement is on file with the City Clerk. The agreement will not be executed until a legal description of the parcel is determined and agreed upon.

Responding to questions by Mr. Hare as to why the City will provide landscaping and maintenance, Mr. O'Connor stated that maintaining it in accordance with all City facilities will ensure that we have some control over the use of the site. This will eliminate the possibility of the J.P. Court #7 facility moving to another site in a few years and some other State operation moving to this facility that may be in conflict with Police Department operations. It was Mr. O'Connor's opinion that the proposed Agreement allows the City of Dover to maintain control over the use of the land.

The committee recommended approval of the J.P. Court #7 Land Sale as proposed by the City Manager.

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.

Pearl Harbor Survivors Association

A letter was received from the Pearl Harbor Survivor's Association requesting permission to place a granite monument with a bronze Plaque on the memorial triangle between State Street and Kings Highway. They requested that the monument be placed opposite and facing the present memorial honoring World War II veterans with the walkway between the two monuments.

Mr. O'Connor stated that City staff has no objections to the request.

The committee recommended approval of the request.

Mr. Truitt asked if the American Legion has been notified of this request to determine if they have any objections. Mr. Jack Woods, representing the Pearl Harbor Survivors Association, stated that the two organizations work together and there would be no objections by the American Legion.

Mr. Salters moved for approval of the committee's recommendation to approve the request, seconded by Mr. Hare and carried by a unanimous roll call vote.

FINAL READING - PROPOSED ORDINANCE

The First Reading of the following proposed budget revisions ordinance was accomplished during the Council Meeting of September 9, 1996.

Mr. Hare moved that the final reading of the proposed budget revisions ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried.

Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary carried by a unanimous roll call vote:

1996-97 BUDGET REVISIONS NO. 1

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

The amounts hereinafter named in the various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1996 and ending June 30, 1997:

A. GENERAL FUND - REVENUES
REVENUE	CURRENT ESTIMATES	+ADDITION/ -REDUCTION	REVISED ESTIMATE
Beginning Balance	$969,013	$458,741	$1,427,754
Franchise Fee	$215,000	$8,810	$223,810
Transfer Tax	$700,000	$200,000	$900,000
Cable Reimbursement	-0-	$10,000	$10,000
North Dover Gateway Grant	-0-	$12,789	$12,789

B. GENERAL FUND - EXPENDITURES
SERVICE	TOTAL CURRENT DEPARTMENT BUDGET	+ADDITIONS/ REDUCTIONS	PROPOSED TOTAL DEPARTMENT BUDGET
Fire	$549,411	$+2,562   $+1,264	---   $553,237
Planning	$103,010	$+3,706   $+2,125   $+600	---   ---   $109,441
Environmental Related (Public Works)	-0-	$+8,000	$8,000
Development Projects	$70,000	$-13,998	$56,002

C. WATER/SEWER FUND - REVENUE
REVENUE	CURRENT ESTIMATES	+ADDITIONS/ -REDUCTIONS	REVISED ESTIMATES
Beginning Balance	$808,236	$-529,827	$278,409
Water Tank Space Leasing	$24,000	$12,000	$36,000

D. ELECTRIC REVENUE FUND - REVENUE
REVENUE	CURRENT ESTIMATES	+ADDITIONS/ -REDUCTIONS	REVISED ESTIMATES
Beginning Balance   Insurance Refund	$1,819,561   $-0-	$+229,604   $+50,000	$2,049,165   $50,000

E. ELECTRIC REVENUE FUND - EXPENSES
EXPENSES	CURRENT ESTIMATES	+ADDITIONS/ -REDUCTIONS	REVISED ESTIMATES
Production	$-0-	$+241,000	$241,000

F. ELECTRIC IMPROVEMENT AND EXTENSION FUND - RECEIPTS
REVENUE	CURRENT ESTIMATES	+ADDITIONS/ -REDUCTIONS	REVISED ESTIMATES
Beginning Balance	$5,334,367	$+1,153,986	$6,488,353