REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 27, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Ms. Bittner and Mr. Rodriguez.
The invocation was given by the Reverend J.H. Williams, Council Chaplain followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested an executive session to discuss personnel and legal matters. He also requested agenda #7-A to discuss the purchase of stump cutter for the Grounds Department.
Mr. Christiansen announced that the Safety Advisory Committee meeting scheduled for June 28, 1988 has been canceled. Agenda items will be added to the July meeting agenda.
The agenda was approved as amended by motion of Mrs. Legates, seconded by Mr. Christiansen and unanimously carried.
PROCLAMATION - DOVER HIGH SCHOOL - CLASS OF 1968 DAY
Mayor Richter presented the following Proclamation to Councilman Christiansen, a 1968 Dover High School graduate, on behalf of the Class of 1968:
WHEREAS, the City of Dover is fortunate to have an excellent educational system available to its residents; and
WHEREAS, the City of Dover encourages its youth to graduate from high school, recognizing that those individuals who are the most content are those who continue to develop their intellectual capacities and to work to achieve their highest potential; and
WHEREAS, in recognition of the educational needs of our society, and the honor bestowed upon those who attain those needs, the graduates of the Dover High School Class of 1968 will celebrate their 20 Year Class Reunion on July 16, 1988.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim July 16, 1988 as “DOVER HIGH SCHOOL - CLASS OF 1968 DAY” in recognition of the celebration of the Reunion of the Dover High School Class of 1968.
PROCLAMATION - COMPREHENSIVE NATIONAL HOUSING DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, home ownership is declining for the first time in over forthy years, especially amoung younger families; and
WHEREAS, housing costs are increasing beyond the ability of most residents to afford them; and
WHEREAS, homelessness is becoming an increasing problem and the City of Dover is feeling the effects of federal cut-backs in revenue sharing and community development block grant funding; and
WHEREAS, the City of Dover recognizes the importance of proper shelter for citizens and makes every attempt to provide adequate housing in our community.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim June 23, 1988, as COMPREHENSIVE NATIONAL HOUSING DAY, in recognition of the efforts of local organizations and their quest in gaining support for renewed national emphasis on housing.
RESOLUTION - FRED B. CAREY, SR.
By motion of Mr. Christiansen, seconded by Mr. VanSant, Council unanimously adopted the following Resolution:
WHEREAS, the important role which leisure activities will have in our future lives and in the lives of our children is recognized by the Mayor and Council of the City of Dover; and
WHEREAS, during his term of office as City Councilman, Fred B. Carey, Sr. was appointed to serve as member of the parks and Recreation Committee, having served in this capacity from February 1977 through May 1983; and
WHEREAS, upon completion of his term of office as City Councilman, Mr. Carey continued to serve the City by volunteering his time and expertise in the field of recreation, serving as a citizen member of the Parks and Recreation Committee from May 1983 until May 1988; and
WHEREAS, Fred B. Carey, Sr. dedicated over 11 years of his personal time to develop a recreational program that would offer an array of recreational facilities and leisure time activities that would benefit all of our citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the mayor and Council of the City of Dover express their extreme appreciation to Fred B. Carey, Sr. For his untiring devotion to his duties as a member of the City of Dover Parks and Recreatiopn Committee,
2. The Mayor and Council directs the City Clerk to makes this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Fred B. Carey, Sr.
ADOPTED: June 27, 1988
RESOLUTION - E. VERNON INGRAM
By motion of Mr. VanSant, seconded by Mr. Hall, Council unanimously adopted the following Resolution:
WHEREAS, the City of Dover Zoning Board of Adjustment was reorganized in 1985 and E. Vernon Ingram was appointed as an original member of the newly organized Board, having served as chairman since his appointment; and
WHEREAS, during the many meetings of the Zoning Board of Adjustment, E. Vernon Ingram displayed an exceptional sense of humor, often surprising one and all by the presentation of gifts that he somehow found applicable to their task; and
WHEREAS, his geniality and sense of humor not only made a difficult job easier for the Board members, but also set a comfortable atmosphere for those persons addressing the Board; and
WHEREAS, E. Vernon Ingram has declined reappointment to the Board, expressing his appreciation to members of Council for the opportunity to serve on this Bopard and to the mebers of Council for the support shown him during his three years as chairman.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere appreciation to E. Vernon Ingram for the time he devoted in dealing with the difficult decisions faced by the Zoning Board of Adjustment on behlaf of the City of Dover.
2. The City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to E. Vernon Ingram.
ADOPTED: June 27, 1988
Mayor Richter presented the Resolution to Mr. E. Vernon Ingram, expressing his gratitude for the service rendered to the City by Mr. Ingram. Mr. Ingram thanked members of Council for affording him the opportunity to serve on the Zoning Board of Adjustment, stating appreciation for the aupport of City staff and members of Council.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 13, 1988
The Minutes of the Regular Council Meeting of June 13, 1988 were unanimously approved by motion of Mrs. Legates, seconded by Mr. Christiansen and bore the written approval of Mayor Richter.
MONTHLY REPORTS - JUNE
Mrs. Legates referred to the police Department Report cover letter from Chief Hutchison, stating that she found the summary very helpful.
By motion of Mr. VanSant, seconded by Mr. Christiansen, Council unanimously adopted the following reports for the month of June.
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund. Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Parking Fund, Cash Receipts & Budget Report
UTILITY COMMITTEE REPORT
The Utility Committee met on June 14, 1988 with Chairman VanSant presiding.
Sidewalk Repair Program - Ed McNamara
The committee considered a letter from Ed McNamara of 15 Pennsylvania Avenue relative to the criteria utilized in determining which sidewalks were placed on the sidewalk replacement program.
Staff explained the evaluation procedures to committee members. Regarding Mr. McNamara’s objections concerning damages caused by tree roots of City owned trees, staff reported that Section 28, Paragraph A of the City of Dover Charter, states that the property owner is responsible for maintenance of the sidealk in front of their property, regardless of the cause of damage. The City Solicitor has issued an opinion that property owners should pay the cost incurred for pruning tree roots that have damaged the sidewalk. Upon re-evaluating Mr. McNamara’s sidewalk, the City Manager felt that staff has been consistent in applying criteria.
The committee directed the City Manager to respond to Mr. McNamara’s letter informing him that the committee has reviewed his letter. Council took no further action.
Sidewalk Repair Program - Todd & Regina Hohberger
Todd and Regina Hohberger of 200 N. State Street requested the removal of four large sycamore trees that are between the sidewalk and curb in front of their home. This sidewalk was included in the 1988 Sidewalk Replacement Program largely due to the damage caused by the roots of the our trees. Grounds Department staff evaluated the trees and determined that it would be necessary to prune the roots of three of the trees before the sidewalk is installed to prevent reoccurance of the damage. It was recommended by the City Manager tyhat the largest treet be removed due to its condition and past history of limb breakage in high winds and that the roots of the other trees pruned before installation of the sidewalk.
Mr. & Mrs. Hohberger submitted pictures of the trees, depicting their unhealthy state, with leaves being produced by only 20% of the tree.
After discussing the matter at length, the committee recommended removal of all four trees. It was noted that trees are currently growing between the four trees that are targeted for removal. If these trees do not survive the removal of the four unhealthy trees, then appropriate replacement trees will be planted.
Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Lynn and unanimously carried.
Sidewalk Repair Program - Holly Hilderbrand
Mrs. Holly Hilderbrand of 218 N. New Street requested removal of a maple tree located in front of her property due to its extensive root system and danger posed from the tree. In the past, staff has suggested that minimal root trimming and reduction of the width of the sidewalk be accomplished to create an arc of bow around the root system. Mrs. Hilderbrand felt that this would only prolong the problem and would require further costly attention in the future.
The committee recommended that staff perform boring on the tree for a report and recommendation to the Utility Committee.
Annexation Request - S. State Street Properties
The committee considered an annexation request by four property owners on S. State Street. Staff’s research included possible annexation of other properties in the area. City electric is currently ised in this area. In researching the feasibility of serving the area with sanity sewer and water, it was determined that water service is available to all properties except for those located on the old Camden/Dover Road. However, the investigation into the depth of existing sanitary sewer mains has shown that they are presently too shallow for extension to serve the area. In order for the entire area to be adequately served, it would be necessary to schedule a CIP project to provide for the extension of the Puncheon Run sanitary sewer line located in Governors Avenue. It is possible for the four original properties to be served from an existing line located to the rear of the properties.
The committee spent a considerable amount of time discussing staff’s recommendation of annexing the entire area (starting with the four properties requesting annexation, to include all properties north to Wyoming Avenue, bounded by S. Bradford Street and State Street).
Mr. Roe reported that the Planning Commission recommended annexation of the four properties originally requesting annexation.
Mayor Richter noted receipt of a petition containing the signatures of many citizens owning property within the designated area,, expressing their opposition to annexation into the City limits.
After an intense discussion by committee members, the matter was brought before Council with no committee recommendation.
Mr. VanSant stated that since the date of the committee meeting, two other properties (bordered by Wyoming Avenue) have expressed their interest in annexation.
Mr. VanSant moved, seconded by Mr. Daisey, that a dual annexation referendum be held on July 28, 1988, as follows:
(1) Include the four properties requesting annexation and all other properties north to Wyoming Avenue, bounded by Bradford Street and State Street, including State Street. Those properties voting for annexation will be permitted to be annexed and those voting against will not be annexed.
(2) Include all properties designated on the submitted map.
Members of Council expressed concern with permitting annexation of those properties voting in favor of the referendum and excluding those that vote of those eligible property owners would have to be adhered to.
Mr. Levitt and Mr. VanSant alluded to the many City services afforded to City residents that are either not available, or offered a higher premium, or offered a higher premium, to non-City residents, wondering if those residents opposing annexation are fully aware of the facts. Responding to questions by Mr. Daisey, Mr. Bartolotta stated that properties anneexed into the City can continue to use their present septic system. They would be required to connect to City sanitary sewer only when their present system fails to function properly.
Based upon the Solicitor’s remarks concerning the requirements of a majority vote of the property owner’s within the designated referendum area, Mr. VanSant withdrew his motion, as did Mr. Daisey his second.
Mr. VanSant moved that an annexation referendum be held for the four properties on State Street, as originally requested, including State Street. The motion was seconded by Mr. Weyandt and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area continguous to the present City limits, and more particularly described within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
All that certain parcel of land situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of South State Street, being more particularly described as follows:
Beginning at a pipe set in the west line of South State Street at a corner for this lot and lands now or formerly of Louis Reiter, said point of beginning being 487.5 feet south of the Intersection of the centerline of Wyoming Avenue and the west line of South State Street, thence with said west line of South State Street in a southwesterly direction 329.94 feet to a point at a corner for this parcel and lands now or formerly of Linda DePalma, thence with said lands of DePalma South 83 degrees 36 minutes 01 seconds West 169.84 feet to a point in line of lands of Delmarva Enterprises, thence with said lands North 14 degrees 45 minutes 47 seconds East 80.11 feet to a pipe set in line of lands now or formerly of George Rhoads, thence South 81 degrees 45 minutes West 300.7 feet to a corner for this parcel and lands of G. A. R. Incorporated, thence with said lands, North 12 degrees 15 minutes East 357 feet to a corner for lands of G. A. R. Incorporated, thence North 82 degrees 30 minutes East 273.7 feet to a point at a corner for lands of Hazel Hutchins, thence South 10 degrees 15 minutes West 61 feet to a corner for lands of Robert Moore, thence with said lands and lands of Louis Reiter South 80 degrees 58 minutes East 142.03 feet to the point and place of beginning. Together with the existing right-of way of South State Street, running from the southerly right-of-way line of Wyoming Avenue southward to the easterly right-of-way line of Route 13. Containing 5.351 acres +/-.
2. That an election be held on the 28th day of July, 1988 commencing at the hours of 11:00a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: June 27, 1988
Mr. VanSant suggested that other property owners in this area desiring annexation should follow the normal channels for annexation requests.
Mr. Weyandt moved that staff perform a study on the sanitary sewer system in this area, for a report to the Utility Committee, so that property owners can be cognizant of the facts prior to making a decision on possible annexation into the City limits. The motion was seconded by Mr. Daisey and unanimously carried.
Transfer Tax Ordinance
The committee reviewed a proposed ordinance relative to a realty transfer tax that would establish a transfer tax, based upon the property value represented by the necessary documentation, of one-half percent (½%) effective July 1, 1988 and one percent (1%) effective July 1, 1988. Adoption of the ordinance would be contingent upon authorization by the General Assembly for implementation.
Adoption of the ordinance was recommended by the committee, effective July 1, 1988, subject to the General Assembly’s approval of pending legislation allowing the initiation of such a transfer tax.
Mr. VanSant moved for approval of the realty transfer tax ordinance, effective July 1, 1988, contingent upon approval by the General Assembly of oending legislation allowing initiation of such a transfer tax. The motion was seconded by Mr. Weyandt, and by a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. Definitions. For the purposes of the Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) Treasurer. The City of Dover’s Tax Assessor.
(b) Document. Any deed, instrument or writing whereby any real estate within the corporate limits of the City of Dover, or any interest therein, shall be quitclaimed, granted, bargained, sold or otherwise conveyed to the grantee, but shall not include the following:
1. Any Will;
2. Any lease;
3. Any mortgage;
4. Any conveyance between corporations operating housing projects pursuant to Chapter 45 of Title 31 of the Delaware Code, and the shareholders thereof;
5. Any conveyance between nonprofit industrial development agencies and industrial corporations purchasing from them;
6. Any conveyance to nonprofit industrial development agencies;
7. Any conveyance between husband and wife;
8. Any conveyance between persons who were previously husband and wife, but who have since been divorced; provided that such conveyance is made after the granting of the final decree in divorce and the real estate or interest therein subject to such conveyance was aquired by the husband and wife, or hunsband or wife, prior to the granting of the final decree in divorce;
9. Any conveyance between parent and child or the spouse of such a chuld;
10. Any conveyance (a) to a trustee, nominee or straw party for the grantor as beneficial owner; (b) for the beneficial ownership of a person other than the grantor where if such person were the grantee, no tax would be imposed upon the conveyance pursuant to this chapter; or (c) from a trustee, nominee or straw party to the beneficial owner;
11. Any conveyance between a parent corporation and a wholly-owned subsidiary corporation; provided that such conveyance is without actual consideration;
12. Correctional deeds without actual consideration;
13. Any conveyance to or from the united State, this state or to any of their instrumentalities, agencies or political subdivisions;
14. Any conveyance by the owner or previously occupied residential premises to a builder of new residential premises when such previously occupied residential premises are taken in trade such as builder as a part of the consideration from the purchaser of new, previously unoccupied premises;
15. Any conveyance to the lender holding a bona fide mortgage, which is genuinely in default, either by a sheriff condicting a foreclosure sale, or by the mortgagor in lieu of foreclosure;
16. Any conveyance to a religious organization or other body or person holding titlke to real estate for a religious organization, if such real estate will not be used following such transfer by the grantee, or by an privy of the grantee, for any commercial purpose;
17. Any conveyance to or from a nonprofit organization of real estate aquired for the purpose of rehabilitation and resale without profit;
18. Any transfer to or from a corporation, or a partnership, where the grantor or grantee owns stock of the corporation or an interest in the partnership, in the same proportion as his interest in or ownership of the real estate being transferred; provided however that this shall not apply to any distribution in liquidation or other transfer resulting from the liquidation or a corporation unless the stock of the corporation being liquidated has been held by the grantor or grantee from more than three years.
(c) Transaction. The making, executing, delivering, accepting or presenting for recording of a document.
(d) Value. In the case of any document granting, bargaining, selling or otherwise conveying any land, tenement or hereditaments, of interest therein, the amount of the actual consideration therefor, including liens or other encumbrances thereon and ground rent, or a commensurate part of the liens or other encumbrances and ground rent also encumber other lands, tenements or hereditaments. Where such document shall not set forth the real or bona fide consideration therefore the “value” thereof shall be determined from the price set forth in or actual consideration for the contract of sale, or in the case of a gift or any other document withoiut consideration, from the actual monetary worth of the property granted, bargained, sold or otherwise conveyed, which in either event shall not be less than the amount of the estimated full value of such lands, tenements or hereditaments for local tax purposes as determined by the Board of Assessment of the City.
Section 2. Levy of Tax; Exemptions.
(a) Every person who makes, executes, issues or delivers any document, or in whose behalf any document is made, executed, issued or delivered, shall pay therefor and in respect thereof, or for and in respect of the vellum, parchment or paper upon which such document is written or printed, a tax at the rate of one-half (½) of one percent (1%) of the value of the property represented by such document, which tax shall be payable at the time of the making, execution, issuance or delivery of such document; said tax is to be apportioned equally between grantor and grantee unless otherwise provided for by agreement of the parties.
(b) On July 1, 1989, the one-half (½) of one percent (1%) of the property value represented by such document.
(c) Where a person acquires title to any lands, tenements or hereditaments as a nominee or as a straw party for the real grantee or purchaser, the transfer of such title by such nominee or straw party to the real grantee or purchaser shall be exempt from this tax.
(d) Where a person acquires title to any lands, tenements or hereditaments for the purpose of holding same as a nominee or as a straw party for the grantor, such transfer of title to the nominee or straw party shall be exempt from this tax.
Section 3. Payment of Tax Generally; Documentary Stamps Generally.
(a) The payment of the tax imposed by this ordinance shall be evidenced by the affixing of one or more documentary stamps to every document regardless of the situs of the actual making, executing, issuing or delivering of such document.
(b) Such stamps shall be affixed is such a manner that their removal will require the continued application of steam or water, and the person using or affixing such stamps shall cause such stamps to be canceled in such manner that they may not be used again either:
1. By writing or stamping or by causing to be written or stamped thereon the initials of his name and the date upon which such stamps are affixed or used; or
2. By complying with such other method of cancellation as the Treasurer may prescribe.
( c) The tax imposed by this Ordinance shall be fully paid and have priority out of the proceeds of any judicial sale of real estate before any other obligation, claim, lien, judgement, estate or costs of the sale, and of the writ upon which the sale is made, and the sheriff or other officer conducting such sale shall pay the tax herein imposed out of the first moneys paid to him in connection therewith, unless previously paid by any party; provided, however that any tax imposed by the state shall have priority over the tax imposed under this Ordinance.
The value for determining the tax shall be the highest of the following:
1. The bid price;
2. The amount of the mortgage not inexcess of the fair value of the real estate;
3. The estimated full value.
4. The full and complete value pursuant to Section 1(d).
Section 4. Liability For Payment of Tax as Between Parties.
As between the parties to any transaction which is subject to the real estate transfer tax imposed by this Ordinance, in the absense of an agreement to the contrary, the burden for paying such tax shall be on the grantor.
Section 5. Recordation of Documents.
(a) No document shall be recorded in the office of the Recorder of Deeds in and for Kent County unless one or more documentary stamps shall have been affixed thereto as provided in this Ordinance.
(b) The affixation of stamps to a document upon which a tax is imposed by this ordinance when lodged with or presented to the Recorder of Deeds shall be an affirmation on the part of the transferor that the true, full, and complete value of the transaction is fully reflected in the amount of the stamps affixed thereto.
( c) Every document when lodged with or presented to the Recorder or Deeds and Treasurer shall set forth therein and as a part of such document the true, full, and complete valuie thereof, or shall be accompanied by an affidavit executed by a responsible person connected with the transaction showing such connection and setting forth the true, full, and complete value thereof or the reason, if any, why such document is not subject to tax under this Ordinance.
Section 6. Functions of Treasurer.
In addition to the other duties of the Treasurer:
( a) The Treasurer shall prepare and furnish adhesive stamps of such denominations and in such quantities as may be necessary for the payment of the tax imposed by this Ordinance and shall make provisions for the sale of such stamps in such places as may be deemed necessary.
( b) The Treasurer may by regulation provide for the evidence of the payment of the tax to be shown on the document bby means other than affixing of documentary stamps.
( c) The Treasurer is charged with the enforcement of the Oprdinance and is authorized and empowered to prescribe, adopt, promulgate, andenforce regulations relating to:
1. The methoid to be used in affixing or cancelling of stamps in substitution for or in addition to, the method and means provided in this ordinance;
2. The denomionation and sale of stamps;
3. Any other matter or thing pertaining to the administration and enforcement of this Ordiannce.
Section 7. Prohibited Acts Enumerated.
No person shall:
( a) Make, execute, issue, deliver or accept, or cause to be made, executed, issued , delivered or accepted, any document without full amount of tax due thereon under the provision of this Ordinance being duly paid; or
( b) Make use of any documentary stamp to denote payment of any tax imposed by this Ordinance without cancelling such stamp as provided in Section 3(b); or
( c) Fail, neglect or refuse to comply with, or otherwise violate, the regulations prescribed, adopted, and promulgated by the department under the provisions of this ordinance; or
( d) Fraudulently cut, tear or remove from a document any documentary stamp; or
( e) Fraudulently affix to any document upon which a tax is imposed by this Ordinance any documentary stamp which has been cut, torn or removed from any other document upon which a tax is imposed by this Ordinance or any documentary stamp of insufficient value, or any forged or counterfeited stamp, or any impression of any forged or counterfeited stamp, die, plate or other article; or
( f) Wilfully remove or alter the cancellation marks of any documentary stamp, or restore any documentary stamp with intent to use or to cause the same to be used after it has already been used, or knowingly buy, sell, offer for sale or give away any such altered or restored stamp to any person for use, or knowingly use the same; or
( g) Knowingly have in his possession any altered or restored documentary stamp which has been removed from any document upon which tax is imposed by this ordinance, and the possession of such stamp shall be prima facie evidence of an intent to violate this clause; or
( h) Knowingly or wilfully prepare, keep, sell, offer for sale or have in his [possession any forged or counterfeited documentary stamps; or
( i) Accept for recording in the office of any recorder of deeds any document upon which the realty transfer tax imposed by this Ordinance without the proper documentary stamp or other evidence of payment of the tax affixed thereto sa required by this Ordinance as is indicated in such document or accompanying affidavit.
Section 8. Penalty For Violations.
Any person guilty of conduct prohibited in Section 7 shall upon conviction be punishe by imposition of a fine of not more than One Hundred Dollars ($100).
Section 9. Effective Date.
This Ordinance shall become effective ____________________; provided, however, it shall not apply to transfers contracted for prior to the effective date of this Ordinance if evidence of the existence of such contracts is given in writing to the Treasurer and recorder of Deeds at the time of recording of the deed. This exemption shall expire 180 days from the effective date of this Ordinance.
ADOPTED: June 27, 1988
Ordinance - Proposed Impact Fee
Initiation of impact fees has been considered by the City for several months. After many meetings with local realtors and developers, and a detailed study by staff, the committee recommended that an Ordinance be adopted implementing impact fees, with the fee being collected at the time of occupancy; said ordinance to become effective after June 30, 1988.
Mr. VanSant moved for approal of the committee’s recommendation, seconded by Mr. Hall. By a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Establishment of Equivalent Dwelling Units
( a) Definitions: As used herein
(1) “EDU(s)” means Equivalent Dwelling Unit;
(2) “GPD” means gallon per day;
(3) An EDU is 300 GPD.
( b) Whenever by ordinance or by contract the City imposes or assesses wastewater collection charges or fees on the basis of EDU’s, an EDU shall be determined using the BOCA Basis National Plumbing Code/1984 16th Edition. In accord with the BOCA Basic National Plumbing Code, an EDU for a residential dwelling shall be determined as follows:
1. Houses, dwellings, mobile homes or apartments with one (1) kitchen and one (1) or more baths and bedrrom(s) separate from kitchen
1.0 EDU
2. Efficiency unit or cottage having a living space in one (1) room and having one (1) bath
1.0 EDU
3. Dwelling with one (1) kitchen and one (1) or more baths and bedrooms separate from kitchen and attached to other dwellings or structures
1.0 EDU
In accord with the BOCA Basis National Plumbing Code, the number of EDU’s for a commercial-industrial establishment shall be determined by claculating the average daily flow proposed for the establishment.
A minimum of one (1) EDU will be assigned to each establishment. No fractional parts of EDU’s will be assigned. Numbers of EDU’s shaould be rounded off to the nbearest whole number of EDU’s.
If an establishment does not have any physical facilities which have a load producing effect on the City’s Wastewater Collection System, then the number of EDU(s) assigned to it shall be zero.
Wastewater Collection Impact Fee
( a) It is hereby determined that new users to be connected to the City Wastewater Collection System will cause a reduction in presently existing excess capacity and will eventually contribute to the need to expand the City Wastewater Collection System. Such new users should contribute capital to be used for the expansion of the City Wastewater Collection System. The City’s engineer have determined that the calculation methods and pricedures in the current edition of the BOCA Basic National Plumbing Code will be used to establish wastewater collection impact fees for new users based on the number of EDU’s. A copy of this code is on file with the City. A comprehensive study with the City of Dover Wastewater Collection System was completed and a master plan developed for the orderly expansion of the City’s Wastewater Collection System. (Whitman, Requardt, and Associates, City of Dover, Delaware, Wastewater System Master Plan, July 1987.) It is in the best interest of the City and users of the City Wastewater Collection System to establish an impact fee.
A study of the City’s Wastewater Collection System will be conducted as needed and the mater plan updates accordingly but not more frequently than every five years.
( b) Every new user to be connected to the City Wastewater Collection System (except as otherwise provided in ( c) herein) whether within the City’s boundaries or outside the City’s boundaries and receiving service through contract directly with the City shall, upon receiving a certificate of occupancy which contemplates a connection to the City Wastewater Collection System, pay an impact fee based on the amount of EDU’s to be generated by such new user. Commercial users at the time of plan submittal calculate and submit their proposed usage based on the BOCA Basic National Plumbing Code. The purpose of the impact fee and the standard by which its amount is determined is as a contribution of capital towards the future expansion of the City Wasteawter Collection System. The impact fee shall be adjusted from time to time to reflect changing costs and it shall be in addition to all other charges and assessments made in connection with the furnishing of wastewater connection service. The initial wastewater collection impact fee for new users is hereby established at $825 per EDU, wich amount shall be kept in a sperate, interest earning expansion of the City Wastewater Collection System. This impact fee shall be in addition to any assessment or tapping fee.
( c) The wastewater collection impact fee will not be charged to owners of parcels who as of June 30, 1988, have a valid City building permit or an application for a City building permit filed with the City. The impact fee will be charged for all new construction to any property owner who acqiures a building permit after June 30, 1988.
( d) Any person who connects to the City Wastewater Collection System after the date of this ordinance will be credited with any EDU(s) existing on the property. As an example, if a house with an Edu is demolished and a structure with 50 EDU’s is put in its place, the owner shall pay a swer impact fee based on 49 EDU’s. No EDU’s shall be transferred from one property to another property whether or not such properties are owned by the same person.
This ordinance shall become effective immediately upon its adoption.
ADOPTED: June 27, 1988
Storer Cable Communications - City’s Transfer of Franchise
The City was notified by Mr. Chris Wegemer, Operations Manager for storer Cable Communications, that a transfer of the franchise is to occur in the third quarter of 1988. It is requested that a resolution be adopted granting consent and approval to changes in ownership of the Grantee of the Cabl;e Television Franchise for Dover, Delaware.
Councilman Levitt will meet with representatives of Storer Cable Communications for a report back to the Utility Committee.
Mechanized Refuse Collection - Alley Containers
At the time of implementation of mechanized refuse collection, a policy was approved that, with the exception of non-residential users, the 90 (or less)( gallon containers would be utilized. Upon request of several citizens, a survey was conducted to determine if the policy should be revised. The survey inducted that 54% of those surveyed were in favor of use of the 300 gallon container.
Staff recommended that residents be surveyed on an individual alley by alley basis to determin which container should be utilized. The only criteria that would be set would be that the containers could not be mixed in a single alley. This would permit residents, by block, to determine whether they utilize 300 or 90 gallon containers.
The committee recommended authorization for utilization of 300 gallon refuse containers and to allow residents (by block) to determine utilizatoin of a shared 300 gallon container or individual 90 gallon containers.
Mr. VanSant moved that 90 gallon refuse containers be considered the primary conatiner for the City of Dover for residential users, authorizing residents that are served from an alley to de