ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 13, 1991 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Daisey, Levitt, Pitts, Salters, Lynn, Weyandt, Christiansen and VanSant. Councilman Hall was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Pastor Doreina Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter noted that a revised agenda was submitted making the following changes:
Item #5 - Oaths of Office - To be administered by The Honorable Maurice A. Hartnett, III
Item #20B - Addition of First Reading of Ordinance - Section 20.14 of City Zoning Ordinances
Mr. VanSant moved for approval of the agenda as revised, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 22, 1991
The Minutes of the Regular Council Meeting of April 22, 1991 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 6, 1991
The Minutes of the Quarterly Open Town Meeting of May 6, 1991 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn.
RESOLUTION - CHARLES N. HALL
By motion of Mr. Lynn, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, Charles N. Hall has served as a Councilman from the First District for the City of Dover since May 9, 1988; and
WHEREAS, during his tenure as Councilman, Charles N. Hall served as Chairman of the Safety Advisory Committee, and as a member of the Legislative and Finance Committee, the Utility Committee and the Building, Plumbing, Mechanical and Fire Prevention Code Appeals Committee; and
WHEREAS, Charles N. Hall consistently devoted his time to the affairs of all committees, providing input that was instrumental in resolving the many complex problems that are encountered in everyday functions of a progressive municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere appreciation to Charles N. Hall for his personal sacrifice of time and devotion to his duties as a City of Dover Councilman.
2. Best wishes are conveyed to Charles N. Hall for good health and continued success in his future endeavors.
3. The City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation to Charles N. Hall.
ADOPTED: May 13, 1991
RESOLUTION - ORLYN N. PITMAN
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, Orlyn L. Pitman has been a faithful employee of the City of Dover since April 26, 1971; and
WHEREAS, during his tenure, Mr. Pitman has worked his way to the position of Control Room Operator II at McKee Run Power Plant, having also worked as a Mechanic II, Auxiliary Operator Helper, Turbine Operator, Auxiliary Operator, Assistant Control Room Operator and Control Room Operator I; and
WHEREAS, after over 20 years of service with the City of Dover, Mr. Orlyn Pitman has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover extend their deepest gratitude to Orlyn L. Pitman for his contribution to our community, highly commending him for the manner in which he carried out his duties for the City of Dover Electric Department.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation of the faithful and dedicated services of Orlyn L. Pitman.
ADOPTED: May 13, 1991
PROCLAMATION - HELMET PROMOTION WEEK
The following Proclamation was read into the record by the City Clerk:
WHEREAS, during the week of May 13 - 19, 1991, the Bicycle Federation of America and the League of American Wheelman have scheduled a local and national Campaign to increase public awareness of the incidence of accidental injury among bicycle riders; and
WHEREAS, bicycle riding is on the rise and nationally over 500,000 bicyclists are injured in bike-related incidents, with children up to age 16 among the most frequent with injuries in bicycle accidents; and
WHEREAS, the use of bicycle helmets has been shown to reduce the risk of head injury by 85 percent and the risk of brain injury by 90 percent; and
WHEREAS, the incidence of accidental injury increases during the trauma season, the time when children are released from school for the summer vacation and spend a great deal of their recreational hours outdoors; and
WHEREAS, the sponsors of this Campaign believe that it is critically important to focus attention on the problem of bicycle related injury, the need for preventive measures, and the need to educate the public on prevention.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim May 13 - 19, 1991 as “HELMET PROMOTION WEEK”, and call upon all residents of Dover to join with me in supporting the aims, goals, and programs of the Bicycle Federation of America and the League of American Wheelman, for the benefit of our City’s most precious resource, it’s children.
The Proclamation was presented to Mr. & Mrs. Howard Smith by Mayor Richter.
PRESENTATION - SHOW OUR SUPPORT GROUP
On behalf of the Show Our Support Group, Mr. Bob Owens stated that their organization received the Lt. Governor's Tourism Award, "Presented for Outstanding Achievement in Hospitality" relative to their hospitality shown during Desert Storm. The Show Our Support Group presented their award to the City of Dover, requesting that it be displayed in City Hall.
Colonel Michael Moffit relayed that this organization provided assistance to the Dover Air Force Base, and all the armed forces, at a time when it was greatly needed. He expressed the appreciation of the United States Air Force to the Show Our Support Group in extending hospitality to the many troops that traveled through Dover enroute to the Persian Gulf War.
Mayor Richter expressed his personal appreciation to the Show Our Support Group for their warm hospitality, stating that he has received letters from citizens across the country expressing appreciation for the support shown to their family members during their time in Dover, Delaware.
OATHS OF OFFICE - COUNCIL ELECT
The Honorable Maurice A. Hartnett, III, Vice-Chancellor, Court of Chancery, administered the oath of office to the Council elect, as follows:
Councilman - At-Large - Robin R. Christiansen
Councilman - First District - William F. Hare
Councilman - Second District - William H. Daisey
Councilman - Third District - Irving S. Levitt
Councilman - Fourth District - Reuben Salters
RECESS
Mayor Richter declared a recess for photographs of the newly sworn members of Council and City staff.
STATE OF THE CITY MESSAGE - MAYOR JOHN E. RICHTER
Mayor Richter offered a slide presentation which highlighted segments of his State of the City Message, offering the following remarks:
"Dover is a great place; it can be greater. It gets to be great by everyone pulling their share, not just Council, but everyone. I will begin with an area of concern, the new proposal for U.S. Route #13, which I think could be more attractive than it is. We will close with an area in downtown Dover that needs our attention, not only Council's attention, but the attention of every individual in the City. There are people in this area who need our help and I am going to ask you to give them your help. After the slide presentation, Cpl. Jeff Horvath will make an educational presentation on drug use and abuse in our area.
Dover is well situated and we have an environment that provides opportunities. Referring to transportation, there is the St. Jones waterway, a railroad, a highway system that is being improved, and a bus system. We have a wide variety of available housing. In the area of education, we have educational opportunities for the young, the old, and everyone in between. We have pre-school for young children, public schools, vocational schools and private and public colleges.
There are job opportunities in Dover, from big industries like General Foods, Scott Paper, and Dover Air Force Base, to a variety of small businesses. There are municipal, county, state and federal offices located in Dover. In the area of health care, we have a very professional hospital, Kent General Hospital. Many churches, of varying denominations, are located in Dover.
Recreation is available both from the public and private sector. Although we are fortunate to have a variety of recreational activities, we need to provide more.
The St. Jones River Greenway Project is underway. This project is designed to preserve and enhance this natural part of our City and is very dear to my heart. The land along the river will contain some park areas, and bicycle and walking paths.
The City of Dover provides many services for its communities, including fire and police protection. The City of Dover is a beautiful and progressive city.
There are, however, places that need our attention. We have implemented foot patrol by the Police Department in certain downtown areas and we plan strict housing code enforcement. Going back to my original statement concerning Route #13, I repeat that this stretch of land in Dover should be improved. For people passing through Dover via Route #13, this is the only part of Dover they see. Their view consists of parking lots, strip malls and fast food restaurants. This is not a very good first impression of our City. The Route #13 beautification program can be successful if done over a long period of time, without becoming a high capital improvement item. There must be a desire for it and a commitment by both the public and private sectors. We need to work on converting overhead utilities to underground, review the variety of signs permitted along Route #13, and look at the problems of sidewalks and the lack of landscaping. Although it would require a long range plan, I strongly believe this entire area could be improved.
There are certain areas in our City that are considered "problem areas". Our Police Department has been working diligently in these areas, attempting to keep drugs out of our City. We must not allow this problem to bring down our City. Detective Jeff Horvath of the Drugs, Vice and Organized Crime Unit of the City of Dover Police Department, will make an educational presentation on the types of drugs being used in our area."
PRESENTATION - USE AND ABUSE OF DRUGS
Cpl. Jeff Horvath presented information on the use and abuse of drugs in our area. This was an educational and informational presentation only, with no action taken by Council. Mayor Richter offered his feeling that the problems with drugs can be solved with a commitment by the entire community.
COUNCIL ELECTIONS - 1991/92
Council President/Vice-Mayor
Mr. VanSant offered the name of Councilman Robin R. Christiansen to serve as President/Vice-Mayor for the coming year, seconded by Mr. Weyandt.
Mr. VanSant moved to close nominations, seconded by Mr. Salters and unanimously carried.
The motion to elect Councilman Christiansen as Council President/Vice-Mayor was carried by a unanimous roll call vote (Mr. Christiansen not voting).
Additional Elections
City Solicitor - Mr. VanSant moved to nominate Nicholas Rodriguez to serve as City Solicitor, seconded by Mr. Weyandt.
Deputy City Solicitor - Mr. VanSant moved to nominate Mr. William Pepper to serve as Deputy City Solicitor, seconded by Mr. Christiansen.
Fire Marshal - Mr. Christiansen moved to nominate Mr. James L. Melvin, Jr. to serve as Fire Marshal, seconded by Mr. Daisey.
City Clerk and Alderman - Mr. Salters moved to nominate Mrs. Debrah J. Boaman to serve as City Clerk and Alderman, seconded by Mr. Daisey.
Treasurer/Finance Director - Mr. Christiansen moved to nominate Mr. Mike C. Karia to serve as Treasurer/Finance Director, seconded by Mr. Daisey.
Assistant City Clerk/Deputy Alderman - Mr. VanSant moved to nominate Janice C. Green to serve as Assistant City Clerk/Deputy Alderman, seconded by Mr. Daisey.
Assistant Treasurers - Mr. VanSant moved to nominate Debrah J. Boaman and Janice C. Green to serve as Assistant Treasurers, seconded by Mr. Christiansen.
Mr. Weyandt moved that nominations be closed, seconded by Mr. Levitt and unanimously carried.
By a unanimous roll call vote, the motions for nominations of elections were unanimously approved.
COMMITTEE APPOINTMENTS - COUNCIL
Mr. Weyandt moved to table action on the Committee Appointments for Council until the next Council Meeting, seconded by Mr. VanSant.
The motion was unanimously amended by Mr. Weyandt, seconded by Mr. Daisey, to require current committee membership to continue in the interim, with Mr. Hare to serve on the Legislative and Finance Committee until committee appointments have been made.
The main motion, as amended, was unanimously approved.
COMMITTEE APPOINTMENTS - MAYOR
Mayor Richter submitted the following appointments:
Awards Committee
1. Donald Braden
2. Richard Curl
3. Karen Bell-Cruz
Silver Lake Commission
1. John Armistead
2. Edward Bennett
3. Robert Gorkin
4. Don S. Knox
5. Michael Malkiewicz
6. John C. Stith
7. Sherman Townsend
Library Commission
1. Councilman Irving Levitt - Council Liaison Member
Chief of Police
1. James L. Hutchison
PUBLIC HEARING - SIGN REGULATION AMENDMENTS
A public hearing was duly advertised for this time and place to consider adoption of sign regulation amendments to Appendix B, Article 3 of the City of Dover Zoning Code, as follows:
A. Section 9.14 (RG-0 - General Residence & Office)
B. Section 26.5 (CPO - Commercial/Professional Office)
C. Section 16.2 ©-4 - Highway Commercial)
Mayor Richter declared the hearing open. There was no one present wishing to speak for or against the proposed amendments. Mayor Richter declared the hearing closed.
In light of his concern with the signage problems currently encountered in the C-4 zone along Route #13, Mayor Richter requested that this matter be tabled for further review.
Responding to questions by Mr. VanSant, Mr. Rodriguez stated that setting a date for reconsideration is not necessary.
Mr. Weyandt moved to table action on the proposed amendments to the sign regulations, seconded by Mr. Daisey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on April 23, 1991 with Chairman Weyandt presiding.
Playtex Family Products - Appeal of Water/Sewer Bill Late Fee
Playtex Family Products Corporation appealed the 5% late charges that were assessed on their water/sewer billings for the fourth quarter of 1990. The City received a payment from Playtex in the amount of $41,061.80 on February 6, 1991. In order to avoid a 5% penalty, the bill would have to have been paid on February 4, 1991. It is the City's policy to allow a one day grace period before accessing the late charge. The payment by Playtex exceeded the one day grace period and they were assessed $2,053.09 in late fees.
Playtex felt that they should not be responsible for the late fees, feeling that had the postal service delivered the payment properly it would have been received within the one day grace period.
Realizing the importance of not releasing sizeable checks before it is necessary, members of the committee expressed their understanding of holding the check until it was due. However, the responsibility of making sure that the check was received on time is the responsibility of Playtex and cannot be blamed on the postal service or the City. It was suggested that in the future, Playtex have someone hand deliver the check.
The committee recommended denial of the request by Playtex Family Products Corp. to waive the late fee assessed for their fourth quarter water/sewer billing. Mr. Weyandt reported that the late fee has now been paid.
Mr. Weyandt moved for approval of the committee's recommendation to deny the request by Playtex, seconded by Mr. Lynn and unanimously carried.
State of Delaware Department of Public Safety - Request for Proposed Building
The committee considered a request from the Delaware State Police for permission to place a 26' x 58' double-wide mobile home behind the State Police Headquarters on Route #13. The double-wide mobile home was seized by the State Police during a criminal arrest and they would like to utilize the unit for general office space and a treatment room for K-9's.
City Planner, Ed Cregar, explained that the zoning classification for the property does not permit placement of the mobile unit and approval would require Council waiving certain provisions of the Zoning Code. Modular units are permitted in the City if they are built to BOCA standards. Mobile homes, which do not meet BOCA standards, are only permitted in parks in the MHP zoning classification.
The committee tabled action on the request to afford the Department of Public Safety the opportunity to investigate the possibility and costs of restructuring the unit to meet City building code specifications.
Moratorium - Conversion of Single-Family Dwellings into Multiple Occupancy Buildings
Stemming from complaints from property owners in certain areas of the City, staff was asked to review operating procedures relative to the conversion of single-family dwellings into multiple occupancy buildings.
Due to the proliferation in the conversions of one-family residential dwellings into multiple occupancy structures, more commonly referred to as apartments, and the associated problems of inadequate provisions for off-street parking, apparent violations of adopted life safety regulations and non-conformity with provisions of the Zoning Code relative to residential density limitations, staff recommended a moratorium on such conversions of single family residential dwellings into multiple occupancy structures. The moratorium would provide the City Planning staff and City Council the opportunity to review current procedures and operating policies and to consider alternatives which would address the problems associated with such conversions. Upon completion of its investigation, the Planning staff shall submit a formal recommendation to Council for review and consideration. The moratorium should remain in effect until it is rescinded by City Council.
The committee recommended enactment of a moratorium on conversions of single family residential dwellings into multiple occupancy structures, effective April 23, 1991 and to remain in effect until such time as it is rescinded by Council.
Mr. Weyandt moved for approval of the committee's recommendation. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Amendment to Zoning Ordinances to Permit Public Parks and Recreation Facilities in IPM Zone
The City Planning Commission recommended approval of a proposed amendment to the IPM district of the City's Zoning Ordinances which would allow, in addition to public utility uses, public parks, playgrounds and recreational facilities. The City Parks and Recreation Department supports the amendment.
The committee recommended approval of an amendment to the City's Zoning Ordinances that would allow public parks, playgrounds and recreational facilities, as well as public utility uses, in the IPM district and that a public hearing be set to consider the amendment.
Mr. Weyandt moved for approval of the committee's recommendation and that a public hearing be set for June 10, 1991 at 7:30 p.m. The motion was seconded by Mr. Daisey and unanimously carried.
Quarterly Uncollectibles Report - Ambulance
A list of uncollectible ambulance bills, in the amount of $27,832.77, was submitted for the committee's review. The list represents the fourth list of prior years' write-offs of uncollectible ambulance bills for FY91.
The committee recommended that $27,832.77 in ambulance fees be written off.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Quarterly Uncollectibles Report - Electric
A list of uncollectible electric bills, totaling $52,597.29, was submitted for the committee's review. The list consisted of those accounts from the period prior to and including 1989 which have shown no collection activity for a period of one year or longer. The list contained write-offs for several businesses that have declared bankruptcy. Federal law prohibits the City from making attempts to collect these outstanding debts.
There was discussion on the opinion of some committee members that electric deposits should be increased. This matter has already been referred to the Utility Committee.
The committee recommended that $52,597.29 in uncollectible electric fees be written off.
It was reported that a billing error occurred with one account in the amount of $3,778.83 which was reported as an uncollectible account. This bill is now being forwarded to the correct party.
Mr. Weyandt moved for approval of the committee's recommendation that $52,597.29 in uncollectible electric fees be written off, and that the Utility Committee consider increasing electric deposits. The motion was seconded by Mr. Christiansen.
Mr. VanSant expressed his feeling that the problem is not with the amount of the electric deposit, but rather is with the City's inability to generate final billings soon enough to be paid prior to settlement on property transfers. The City is already attempting to resolve this problem.
On a call for the question on the motion by Mr. Lynn, the motion was unanimously approved.
Set Dates - Budget Hearing Schedule
The committee agreed to the following proposed schedule for 1991 budget hearings:
May 20, 1991 - 6:00 p.m. to 8:00 p.m.
May 21, 1991 - 7:00 p.m. to 9:00 p.m.
May 22, 1991* - 7:00 p.m. to 9:00 p.m. * (if needed)
Mr. Weyandt moved for approval of the budget hearing schedule, seconded by Mr. Salters and unanimously carried.
Review of General Government Sections of Capital Improvement Plan
The committee reviewed the general government sections of the Capital Improvement Plan. Final approval of the projects will be considered during budget review.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee report, seconded by Mr. Levitt and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on April 24, 1991 with Chairman Daisey presiding.
Review of Recreation Section of Capital Improvement Plan
The committee reviewed the recreation section of the Capital Improvement Plan. Final approval of the projects will be considered during budget review.
Mr. Daisey moved for acceptance of the Parks and Recreation Committee report, seconded by Mr. Christiansen and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 24, 1991 with Chairman Levitt presiding.
Mr. Levitt moved that item #15A (CIP Review of utility section for Public Works Department) and #15C (CIP Review of utility section for Electric Department), with the exception of one item dealing with mechanical traffic light controls, be approved by the Consent Agenda format. The motion was seconded by Mr. VanSant and Council unanimously approved the following:
CIP - Review of utility section for Public Works Department - Committee took no official action, noting that approval will be considered during budget hearings.
CIP - Review of utility section for Electric Department (excluding the item dealing with mechanical traffic light controls) - Committee took no official action, noting that approval will be considered during budget hearings.
Bid - Automated Refuse Collection Vehicle
Bids were solicited for an automated refuse collection vehicle. The low base bid was received from M & L White Trucks, Inc. of Federalsburg, Maryland, in the amount of $100,341, with a 164 day delivery date. It was noted that the bid consisted of $57,875 for a WX42 Chassis and $42,466 for a Rapid Rail Body.
The committee recommended that a purchase order be issued to M & L White GMC Trucks, Inc. in the amount of $100,341 to purchase a WX42 Chassis and Rapid Rail Body automated refuse collection vehicle.
Mr. Levitt moved for approval of the committee's recommendation. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
CIP - Review of Utility Section - Electric Department - Electric Distribution
This project would replace 11 mechanical traffic light controls with electronic controls at a total cost of $57,200.
The traffic control coordination in the downtown area is difficult to maintain due to the poor condition of the old mechanical controllers. New electronic controllers would allow exact time between the traffic lights in this area. Staff requested permission to move forward with this project prior to July 1, 1991.
The committee recommended that staff be authorized to move forward in replacing 11 mechanical traffic light controls with electronic controls, from the current budget.
Due to the urgency of this project, Mr. Levitt moved for approval of the committee's recommendation to amend the current year budget to facilitate the replacement of 11 mechanical traffic light controls with electronic controls. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Civic Center Allocation
Mr. Weyandt reminded committee members of the City's $2 million allocation that is being kept in the Reserve Account for the proposed Civic Center. Noting that the allocation was a joint effort and that there has been no action from the State of Delaware regarding the Civic Center, he suggested that City Council go on record as abandoning the project.
Prior to Council making a statement, Mr. Levitt suggested that the Civic Center Committee be contacted requesting a status report.
Mr. Weyandt reported that the land that was to be utilized for the Civic Center has been placed back on the market for sale. It is his opinion that this relieves the City of any obligation for funding.
Mayor Richter stated that a report is forthcoming. He does not believe that the civic center is a dead issue and recommended that no action be taken until the report is received and reviewed.
Mr. VanSant moved that when the report is received, it is to be referred to the Legislative and Finance Committee rather than to the Utility Committee. The motion was seconded by Mr. Levitt and unanimously carried.
Mr. Levitt moved for acceptance of the Utility Committee report, seconded by Mr. Pitts and unanimously carried.
ACCEPTANCE OF STREETS AND UTILITIES - MALLARD POND
The dedication of streets and utilities in Mallard Pond was tabled by Council on November 26, 1990 because the punch list had not been completed as recommended by the Utility Committee. At this time the remaining sidewalk is under construction; however, a 150% completion guaranty has already been submitted for its completion. As-built drawings, a one year maintenance agreement and bond, and a Release from Liabilities form have all been submitted.
Staff recommended approval of the dedication of Mallard Pond.
Mr. VanSant questioned the dedication, stating that there are cracks along the curbing between the expansion joints on North Caroline Place. He also reported that some piece of equipment has been shaving large hunks from the curb and asked if there was any explanation for this problem. Mr. Weyandt reported that no work has been done since Council's first review of the dedication.
Mr. Worley stated that he would have to research the above mentioned problems and requested that action be postponed.
Mr. Levitt moved that the matter be referred to the Utility Committee, seconded by Mr. Lynn and unanimously carried.
SUBCOMMITTEE REPORT - ROUTE #113 WATER ASSESSMENT APPEALS
A Council Sub-committee heard the property owner appeals for the Route #113 water assessments as contained in a report on file with the City Clerk's Office. Appeals were received from the following property owners:
Furr's Tire Service - Frank Furr
Jim's Auto Trim - James Walton
Russo's Restaurant - Abraham Katcher
Iron Gate Inn - James LeBeau
Betsy Ross Restaurant - Cathy Theoperocus
Dover Auto Body - Stephen Campagnini
Kings Cliff Mobile Home Park
Mr. Levitt stated that the property owners were mainly concerned with the lack of prior notification of the City's plans to construct the water main and the excessive costs of the project being assessed to the property owners. The property owners are requesting some form of financial relief from the assessments.
Mr. Levitt moved that the matter be referred to the Legislative and Finance Committee for further action, seconded by Mr. Daisey. Questioning the intent of the motion, Mr. VanSant was informed that the Legislative and Finance Committee will review the assessment appeals as well as the financial aspect of the current assessment policy.
Responding to Mr. Christiansen, it was stated that in the interim all assessments for this project will be held in abeyance, until a final decision has been rendered by Council.
Mr. Salters objected to the referral to the Legislative and Finance Committee, stating that the assessment procedures for this project were followed. Any change in policy should effect future projects only.
On a call for the question on the motion by Mr. Weyandt, the motion was carried with Mr. Lynn and Mr. Salters voting no.
Mr. Weyandt moved that staff be instructed to review the procedures for water and sewer assessments for revision similar to the procedures utilized for sidewalk procedures, and that a report be submitted to the Legislative and Finance Committee. The motion was seconded by Mr. Hare and unanimously carried.
PROPERTY ASSESSMENT APPEALS
Set Hearing Dates
The City Assessor requested approval for the following schedule for the formal property assessment appeal hearings:
June 3, 1991 - 1:30 p.m. to 4:00 p.m.
June 4, 1991 - 6:00 p.m. to 8:00 p.m.
June 5, 1991 - 2:00 p.m. to 3:30 p.m.
Formal appeals will be conducted by appointment only, with the deadline for hearing requests set for 5:00 p.m. on May 31, 1991. Every attempt will be made to complete the schedule for one day before scheduling is begun for the next day. All unneeded hearing sessions will be canceled.
Mr. Christiansen moved for approval of the above schedule, seconded by Mr. Levitt and unanimously carried.
Appointments - Appeals Committee
Mr. Christiansen appointed Councilmen VanSant, Weyandt and Pitts to serve on the Appeals Committee, and for Councilmen Lynn, Salters, Christiansen and Daisey to serve as alternates.
FINAL READING - PROPOSED ORDINANCE - SECTION 5.2 - BUILDING AND BUILDING REGULATIONS
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of April 22, 1991.
Section 5.2 - Building and Building Regulations
Mr. Christiansen moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. VanSant and unanimously carried.
Mr. VanSant moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by adding a new section to Chapter 5 entitled “Buildings and Building Regulations” to be known as Sec. 5-2 to read as follows:
Sec. 5-2.Additional Powers and Authority of the Building Inspector.
Along with other powers and authority granted to the Building Inspector in this Chapter, including the Codes adopted herein, the Building Inspector shall have the following powers and authority.
(a) The Building Inspector shall have authority to issue temporary Certificates of Occupancy for buildings and structures which do not comply with the Codes upon the terms and conditions as set forth in this section.
(b) In the event that the owner and builder of the structure are in agreement that certain items such as grading, seeding, soil stabilization, and other similar work cannot be completed because of the weather or the season but that these items can be completed by the builder after a temporary Certificate of Occupancy is granted and the owner takes possession of the property, then the Building Inspector may grant a temporary Certificate of Occupancy conditioned up