New lease negotiations persist between Westside, Dover
CHLOE COCHRAN | Hagadone News Network | UPDATED 16 hours, 48 minutes AGO
DOVER — Critical infrastructure needs at the Westside Fire Station have led the district and the city of Dover to review its lease agreement after confusion over who was responsible for building repairs.
The decision to negotiate a new lease agreement came Wednesday, Sept. 9, during a Westside Board Meeting, which was attended by Dover Mayor Keith Congleton and legal counsel from both the city and district.
The topic arose when fire district chief Jeff Armstrong contacted the city to report roof damage caused by improper roof flashing installation. The building’s exterior siding was also damaged.
According to a current lease, Dover is responsible for maintaining the roof, exterior paint, exterior siding and garage doors. The district is responsible for everything else.
However, questions arose as to whether it was in the district’s purview to fix problems that resulted from the roof’s malfunction, such as water-damaged walls and siding failures.
During the meeting, Armstrong said that when the city offered to repair the roof, an email implied that it would require the district to sign a new lease for the building that Armstrong said would shift virtually all responsibilities and costs to the district, including repairs, exterior upkeep and taxes.
Before Congelton and his legal counsel informed the board that the repairs and revised contract were separate issues, Armstrong said he viewed it as an “unfunded liability,” and that it wasn’t feasible to accept the new contract, given that multiple repairs needed to be made throughout the building.
“I can't recommend that we entertain the lease because, in my opinion, it puts the onus and the responsibility of both the inside and outside of the station on the district, and I don't think we're in a financial situation to do that, given we have two other facilities and are currently under a bond for one of the facilities,” Armstrong said. “My recommendation is that we do not sign a lease, and we continue to discuss with the city of Dover on how to repair not only the issues that we have found now, but the issues that we're starting to realize are surfacing in other areas.”
However, Congelton said the repairs were separate from the contract, with an email notifying the district of the repairs sent Aug. 4, and the proposed lease was emailed Aug. 17.
Armstrong said he didn’t receive the Aug. 4 email.
Tensions grew between the municipalities throughout that time, with both legal teams getting involved. To get both groups together to discuss the issues at hand, Armstrong sent an email to the city council, sharing emotions and concerns about the situation. He said he wasn’t sure if the city was trying to push the district out of the building.
During the meeting Wednesday, Congelton said the email, well-intended or not, painted the city in a bad light. He further said the city and said the city was not trying to create hardships for the district but wanted a lease that reflects its view that the station is essentially the district’s building, with the district carrying most of the maintenance responsibilities.
“I want to state for the record that the city and the district have a common responsibility and a common overarching goal, and that's to act in the best interest of the public to promote and provide for the safety, welfare, and well-being of our constituents and the community,” Congelton said.
Both legal counsels noted a difference in the municipalities’ views of the building, with the district seeing it as a simple tenant/lease agreement, and the city viewing the building as the district’s, outside of the city’s ownership.
Both sides agreed to continue under the existing lease while their attorneys trade revisions, and the city reaffirmed its written commitment to move ahead with immediate roof and exterior repairs.
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