REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on February 11, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by Dr. Columbus Ricks in the absence of the Council Chaplain, Reverend J.H. Williams.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll noted the presence of Jeremy Alverez representing engineering consultants who have been working with the design of various routes for the proposed alignment of the Dover-by-pass and requested time for a presentation by Mr. Alverez.
Mayor Carroll also asked that he be given an opportunity to present a proposal and announced a short executive session immediately following the Council Meeting to discuss personnel matters.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 28, 1985
Mr. Richter referred to page three of the Regular Council Minutes of January 28, 1985 under "Rental Rehabilitation Program", and moved to amend the minutes to reflect that he voted no on a motion that the City of Dover not accept any rental rehabilitation funds. The motion was seconded by Mr. Shevock and unanimously carried.
The Minutes of the Regular Council Meeting of January 28, 1985 were unanimously approved as amended by motion of Mr. Weyandt, seconded by Mr. Bulley and bore the written approval of Mayor Carroll.
PRESENTATION - PROPOSED ROUTES OF U.S. ROUTE #13 BY-PASS
Mr. Bartolotta introduced Mr. Jeremy Alverez, representing the State of Delaware on establishing an alignment for the proposed U.S. Route #13 by-pass.
Mr. Alverez explained that he and his associates in the past year have initiated three essential steps in an attempt to establish an alignment for the U.S. Route #13 by-pass. These steps have included meetings and discussions with citizens in the areas where the proposed routes would be located, review all work that has been completed on the project in the past 25 years, and establish traffic needs and transportation characteristics in central Delaware. Exhibitions and meetings on the proposed routes have been held throughout the state to afford citizen input from all concerned groups of people.
Citizen input has reduced the number of proposed designs to eight. Mr. Alverez stated that a proposed alignment close to U.S. Route #13 solves the basic problems of traffic flow that now exists and performs the job that needs to be accomplished.
Designs that would be located near the Maryland/Delaware border, follow the perimeter of the railroad tracks and to the east in the vicinity of Route #9, were also considered but were found to be less feasible for reasons of environmental impact, inaccessibility for local traffic, etc.
Questioned by Mr. Witt, Mr. Alverez stated that the proposed schedule to initiate construction of the by-pass is to hold a public hearing in October 1985, and to sign a final environmental impact statement by December 1985 which would allow the State to apply for funding at the beginning of 1986. The aforementioned dates could mean that the State would let engineering contracts and acquire right-of-ways in 1986 and 1987. Segments of the construction could begin in 1988 with the opening of the by-pass in the mid 1990's. The wholehearted cooperation of all agencies would be necessary to maintain this schedule.
PROPOSAL - MAYOR CARROLL - CITY OF DOVER CHARTER STUDY
Mayor Crawford J. Carroll presented the following statements on a Charter study proposal:
"Due to recent discussions on the proposed changes to the City of Dover Charter, I submit the following proposal to deal with these issues.
As everyone knows I have had a great concern to the changes that were made in 1976 to our original Charter; mainly, the month of our elections and the removal of the Mayor's right to break a tie.
I have taken the time to obtain as much information that is available at the National League of Cities Library in Washington, D.C. pertaining to the various forms of municipal government in the U.S.A. I have also talked with other mayors in cities of our size. The most recent City Mayor I talked with was Mayor Martin of Salisbury, Maryland, at which time I obtained a copy of their Charter. Within the next few weeks I hope to have other Charters to study.
It is my feelings that an in-depth study should be made of our old Charter, our present Charter, and consideration should also be given to a completely new Charter. To do this, I suggest that I be allowed to submit ten names outside of City government to this Council out of which five persons can be selected. They will study all information we now have and obtain additional information. This will take this whole matter out of the political arena."
Mayor Carroll advised Council that he would have ten names to submit at the next Regular Council Meeting. These names can be reviewed by members of Council for their selection at the following Council Meeting.
Mr. Christiansen moved for the recommendation of Mayor Carroll, seconded by Mr. Bulley.
Mr. Tudor suggested that members of Council also submit names for the proposed five member group to study the Charter.
Mayor Carroll stated that this would be acceptable to him if these persons are unbiased in their feelings and thoughts, not connected directly with the City, and that their decisions will be based on facts, independent from the thoughts of members of Council.
A lengthy discussion followed, resulting in Mr. Bulley calling for the question.
By a roll call vote of seven (7) yes, one (1) no (Mr. Tudor), the motion to accept Mayor Carroll's recommendation was carried.
Questioned by Mr. Weyandt on any time limit that might be set for a final recommendation by the five person committee, Mayor Carroll stated that he would submit the names at the next Regular Council Meeting. At the following Council Meeting, the five person committee to study the Charter will be substantiated and at that time Council may set a date for a final report.
ANNUAL REPORTS
Chief of Police
Mr. Weyandt moved that the Chief of Police Annual Report be accepted as submitted, seconded by Mr. Bulley and unanimously carried.
Robbins Hose Company
Mr. Witt moved for acceptance of the Robbins Hose Company Annual Report as submitted, seconded by Mr. Christiansen and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 6, 1985 at 4:00 p.m. with Chairman Boaman presiding.
Zoning Code - Interpretation of Restaurants
Mr. Boaman advised that the Legislative and Finance Committee discussed the C-1A zoning category and the interpretation of traffic generating facilities at length. Noting the upcoming review of the zoning text and Comprehensive Plan by a professional firm, the committee recommended that further discussion be delayed until suggestions of change in the Zoning Code are obtained from the professional firm chosen to perform the update.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Absentee Voting - Amendment to Ordinance - Section 2-41 through 2-45
The City Clerk's Office submitted a proposed amendment to the Absentee Voting Ordinance that would broaden the scope for persons eligible to vote absentee and correct a portion of the wording in the present ordinance.
The committee recommended approval of the proposed amendment to the absentee ballot ordinance, sections 2-41 through 2-45.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Bulley 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:
The Dover Code is hereby amended as follows:
Division 3 regarding absentee voting is hereby amended to read as follows:
Section 2-41. Purpose
The intention of this Division is that only a qualified voter may vote under the provisions of this Division, who may be absent on the day of an election from the City, because of service in the Armed Forces of the United States or in the public service of this State or of the United States, or because of his business or occupation or because of personal sickness or disability, or because of the tenents or teachings of his or her religion so that he or she cannot appear at the polling place on the day of any election.
Section 2-42. Persons Eligible to Vote by Absentee Ballot
Any qualified elector, duly registered, may cast his vote by absentee ballot in any municipal election or special municipal election due to the following reasons:
(1) Because such person is in the public service of the United States or of this State; or
(2) Because such person is in the Armed Forces of the United States or the Merchant Marines of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross, Society of Friends, or United Service Organizations; or
(3) Because such person is unavoidably absent on the day of the general or special election; or
(4) Because such person is sick or physically disabled; or
(5) Because such person is absent from the City while on vacation; or
(6) Because such person is unable to vote at a certain time or on a certain day due to the tenents or teachings of his religion.
Section 2-43. Affidavits Rewired of Persons Applying for Absentee Ballots
a. Any voter desiring to receive an absentee ballot because he qualifies under any of the reasons set forth in Section 2-42 shall file an affidavit with the election official authorized to receive the same, subscribed and sworn to by him before an officer authorized by law to administer oaths. The affidavit shall be dated not more than ninety (90) days prior to the day of the election. It shall state the reason why he cannot appear at the regular polling place or the election on the day of the election, his birth date, social security number, his expected location, including his address and a telephone number (if available) to be used for the purpose of challenge on the date of the election, and, if sick or disabled, the name and address of a physician or Christian Science practitioner who can attest to the voter's inability to go to his polling place on the day of the election. The election official shall mail or deliver the official ballot, envelopes and instructions to the voter as soon as possible after receiving the affidavit.
b. Nothing contained in this Section shall prevent the issuance of an absentee ballot to any qualified voter serving in the Armed Forces of the United States, or the Merchant Marines of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross, Society of Friends, or United Service organizations, when such an elector is lawfully entitled to an absentee ballot and has made a request to the election official if, in the judgment of the election official, the voter has been reasonably unable to comply fully with the requirements of an affidavit set forth in Subsection "a" above.
Section 2-44. Request for Ballot
Any voter who is qualified under Section 2-42 to vote by absentee ballot and who desires to do so shall, not later than 12 noon of the day prior to any such election request the election official for an official ballot to be voted at such election.
Section 2-45. Distribution of Ballots, Envelopes and Instructions
Upon receipt of a request from a voter, together with an affidavit if required by Section 2-43, the election official, not more than 60 nor less than 3 days prior to the regular or special election and within 3 days after the ballots, envelopes and instructions for absentee voters become available, shall mail to the voter, postage prepaid, an official ballot enclosed in an official envelope along with a voucher envelope marked "Voucher Envelope", a copy of the instructions to the absentee voter and a mailing envelope marked "Mailing Envelope". Nothing contained in this Section shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12 noon of the day prior to any election when the request is made less than 3 days prior to the general election.
ADOPTED: FEBRUARY 11, 1985
Civic Center Study - Update
Mr. Boaman noted the presence of Mr. Edward Hagemeyer and Mr. Al Hedgecock representing the Chamber of Commerce concerning an effort to raise funds for a civic center feasibility study. Since the original discussions on funding the feasibility study, specific amounts have been established. Phase I of the feasibility study, which involves two phrases will cost $11,800 plus transportation costs. This phase would analyze the service area, its economic profile, population, business activities, existing Dover entertainment events and activities, etc.
The Chamber was challenged to solicit funds from the private sector and in doing so various members of the community have pledged a sum totaling over $6,000. This is in addition to a commitment from the State of Delaware and Kent County.
The Chamber of Commerce now has requested that the City of Dover contribute $2,500 towards Phase I of the feasibility study and $2,500 towards Phase II if Phase I indicates that a civic center could be self-supporting in the area. A similar amount would be contributed by the County and State.
Mr. Shevock moved to recommend that $5,000 be expended by the City of Dover towards the cost of a civic center feasibility study, stipulating that $2,500 be utilized towards the cost of Phase I of the study with the additional $2,500 for Phase II being restricted to the success of Phase I. The motion was seconded by Mr. Boaman.
Mr. Bulley reported his personal research on the matter of a civic center feasibility study which resulted in the compilation of a study previously conducted on November 25, 1974 which was tabled indefinitely. Mr. Bulley reviewed the former civic center feasibility study, noting the detailed information, and wondered if this information could be updated ten years instead of expending $2,500 to $5,000 as requested by the Chamber. He made the point that the City of Dover is a paid up member of the Central Delaware Chamber of Commerce and by association so are members of Council.
The City, for the next three (3) years is contributing to the salary of the Director of Economic Development of the Chamber of Commerce which in itself is a substantial contribution. Directing his statement to the City Solicitor, from an ethical standpoint Mr. Bulley questioned dispensing public funds to the Chamber of Commerce.
Mayor Carroll stated that he and members of Council opposed a civic center in 1974. The City of Dover was independently proposing a civic center at that time. The present proposed feasibility study and civic center would be a multiple responsibility assumed by the City, County and State. He added that, the former civic center was planned on a much larger scale, involving a greater scope of events. The present proposed civic center would be scaled down with the added plus of having land donated for the project.
Mr. Ed Hagemeyer, coordinator of the civic center feasibility study working with the Chamber of Commerce, advised that the first phase of the study will consider marketing attendance, kinds of entertainment, potential audience, revenue, etc. It is proposed that the structure will be practical so that it will be self-supporting. Phase I will be an objective study that will determine if Phase II is necessary.
Questioned by Mr. Richter, Mr. Hagemeyer advised that the 1974 study will be made available to the firm conducting the present study. However, economic conditions have changed in the City and the planned facility is based on different uses than was formerly considered. In addition, the former center involved a large sum of money for land.
Mayor Carroll advised of conversations with the Mayor of Salisbury who stated that their facility is on a break-even basis and if it were not for deed restrictions that prevent sale of alcoholic beverages, the center would be running in the black. They are also contemplating an expansion for meeting type facilities. Mayor Carroll pointed out that the City of Dover is much larger area-wise and in population.
Mr. Boaman pointed out that many of the questions being brought on the floor tonight are the very questions that a necessary feasibility study will answer.
Mr. Richter called for the question on the motion.
By a roll call vote of five (5) yes, three (3) no (Mr. Tudor, Mr. Christiansen and Mr. Weyandt), the recommendation of the Legislative and Finance Committee was approved to expend $2,500 for the first phase of a feasibility study, and $2,500 for the second phase of the feasibility study if the first phase indicates that a civic center would be economically feasible in the City of Dover.
Budget Schedule - Fiscal Year 1985/86
The committee recommended the following budget schedule for fiscal year 1985/86:
March 1, 1985 - Budget delivered to Council
March 1 - April - City Manager's staff and Finance Department Staff available to answer any individual budget concerns
April 1 - L & F Budget Workshop - General Fund, Intergovernment Fund
April 2 - L & F Budget Workshop - Water/Sewer Fund, Special Funds
April 3 - L & F Budget Workshop - Electric Fund
April 8 - Council Meeting - Adoption of all Budgets - Setting of Tax Rate
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
The committee also recommended that the City Manager be instructed to include funding from revenue sharing in the 1985/86 budget for the first quarter only. Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Capital Improvement Plan - General Government Section
The committee recommended a budget for the Capital Improvement Plan, General Government Section, in the amount $142,500.
Mr. Boaman moved for the recommendation of the Committee, seconded by Mr. Shevock and unanimously carried.
Proposed Meeting with Kent County Levy Court
The committee recommended February 21, 1985 or March 4, 1985 at 7:00 p.m. as dates to be submitted by the City Clerk to Kent County Levy Court for a joint meeting between the City and County.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and unanimously carried.
Acceptance of J.M. Cleminshaw Company Property Values
Per request of the City Assessor, the Committee recommended acceptance of the property values of the J.M. Cleminshaw Company as submitted.
City Assessor McDowell also submitted a time schedule that will be followed to facilitate final tax appeals and a report of the Tax Appeals Committee.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Richter and by unanimous roll call vote, the motion was approved.
Structure of Board of Adjustments
The committee discussed an amendment passed by the General Assembly granting municipalities additional powers in appointing members to the Board of Adjustments. The City of Dover's present board consists of three (3) members; the Mayor, the City Solicitor, and Director of Public Works. The amendment to the State Code allows further that municipalities may have a board consisting of three (3) to five (5) members that could include private citizens.
The committee recommended that the City implement the new amendment which provides for a five (5) member board and the appointment of private citizens, stipulating that the change take effect after the next municipal election.
Mr. Boaman moved for the recommendation of the committee, stipulating that an ordinance be prepared by the City Solicitor. The motion was seconded by Mr. Weyandt and unanimously carried.
Deed Restriction - City of Dover Property - Capital Green
The committee was informed by Mr. Roe that a purchaser of property located on Court Street and River Road has shown a desire to build an office building on the lot which requires a zoning of RG-0. Deed restrictions in the Capital Green area restrict properties to residential uses only. It was noted that, the City of Dover owns a vacant lot in Capital Green and in order to lift the deed restriction, the purchaser must obtain the signatures of 60% of the property owners in Capital Green, agreeing to abolish the deed restriction.
Solicitor Rodriguez has reviewed the petition, finding no problems with the City signing the document since the area has changed considerably.
The committee recommended that the City of Dover sign the document agreeing to remove deed restrictions in the Capital Green area for residential zoning only.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Bulley. By a unanimous roll call vote, the motion was approved.
Mr. Weyandt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
AWARD OF CONTRACT - 4 TO 12KV ELECTRIC LINES
The City Manager informed Council that the first phase of the Capital Improvement Plan project to convert a portion of the downtown area from 4 to 12KV has been designed. The first area consists of Roosevelt Avenue, east of State Street, and State Street, south of Wyoming Avenue. Bids were advertised and opened on February 1, 1985. The low bidder, C.W. Wright, is now working in Salisbury, Maryland, and a portion of these men could be shifted to Dover to begin the 12KV conversion. C.W. Wright's low bid was in the amount of $38,100.
Mr. Bartolotta explained that the normal procedure would be to process the bid through the Utility Committee, but due to the immediate availability of C.W. Wright's men and the fact that Council will not meet again until February 25th, he recommended that Council accept the bid to expedite construction of the project.
Mr. Richter reported that his committee was aware of the bid and stated that he contacted Mr. Levitt, the non-elected member of the Utility Committee, who also agreed to accept the bid. Mr. Richter moved to accept the bid of C.W. Wright in the amount of $38,100 for the 4 to 12KV conversion of electric lines. The motion was seconded by Mr. Boaman and carried by unanimous roll call vote.
SET PUBLIC HEARING - WATER LINE EXTENSION - RUDNICK TRACT
Noting that he will be unable to attend the February 25th Council Meeting, and for the purpose of time for the Utility Committee to review a proposed water line extension on the Rudnick Tract, Mr. Richter moved that a public hearing be held on March 11, 1985 at 7:30 p.m. to consider the project. The motion was seconded by Mr. Witt and carried by a roll call vote of seven (7) yes, one (1) abstaining (Mr. Shevock).
Mayor Carroll suggested that sewer lines on the Rudnick Tract also be discussed at the same time by members of the Utility Committee.
REZONING REQUEST - 1674 - 1682 NORTH DUPONT HIGHWAY - HEATHERWOOD, INC. AND RUTH PORTER
A request was received to rezone property located at 1674 - 1682 N. duPont Highway, owned by Heatherwood, Inc. and Ruth Porter. Prior to amending the zoning map and ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council referred the matter to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 1674 - 1682 N. duPont Highway are presently zoned for RG-3 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on March 25, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-3 to RG-2 that property located at 1674 - 1682 N. duPont Highway, owned by Heatherwood and Ruth Porter.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: FEBRUARY 11, 1985
REZONING REQUEST - 1684, 1690 & 1698 NORTH DUPONT HIGHWAY - WEBB, DRURY, GREGG AND BRAMBLE TRANSPORTATION COMPANY
A request was received to rezone property located at 1684, 1690 & 1698 N. duPont Highway, owned by Karl & Jacqueline Webb, Thomas & Dolores Drury, Evan & Agnes Gregg, and Bramble Transportation Company.
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Shevock, Council referred the matter to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 1684 - 1690 - 1698 N. duPont Highway are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on March 25, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 & RG-2 that property located at 1684 - 1690 - 1698 N. duPont Highway, owned by Karl & Jacqueline Webb, Thomas & Dolores Drury, Evan & Agnes Gregg, and Bramble Transportation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: FEBRUARY 11, 1985
CORRESPONDENCE
Capital School District - Dr. Edward Goate'
A letter from Dr. Edward Goate' , Superintendent of Schools of the Capital School District, informed Mayor Carroll that a request for guard rails at Silver Lake on Capital School District stationery was in no way the position or request of the District, but of the individual writer, Ciprian Jesus Clemente.
Mr. Christiansen moved for acknowledgement of the letter, seconded by Mr. Weyandt and unanimously carried.
People for the Ethical Treatment of Animals - Use of Decompression Chamber as a Means of Euthansia
A letter from Ms. Sue Brebner, Delaware Coordinator for People for Ethical Treatment of Animals, stated her organization's support of legislation that would ban decompression chambers as a method of euthansia.
Mr. Witt moved for acknowledgement of the letter, seconded by Mr. Weyandt and unanimously carried.
Solicitor Rodriguez Response to Council Questions Concerning the Effect of the Cable Communications Policy Act of 1984 on the City's Franchise Agreement with General Television
Solicitor Rodriguez reported contacting Nimlo for a confirmatory opinion on the Cable Communications Policy Act of 1984 in relation to the City of Dover Franchise Agreement with General Television.
Mr. Rodriguez stated that Council's first question as to whether Storer is entitled to utilize the 5% franchise fee increase despite the Franchise Agreement which gives the City the right to regulate any increase was answered in the following manner:
Nimlo agrees with General Television's attorney that the City cannot stop the 5% franchise increase because our Franchise Agreement does not provide for a specific amount or rate of increase. The agreement merely gives us the right to regulate such increases.
After reading the Act and related papers in detail, the Solicitor agreed that Nimlo's interpretation is correct.
The second question was whether the City could regulate the rates in any fashion after two years from the effective date of the Act.
In the Solicitor's opinion, the City has no right to regulate rates two years from the date of the Act if Storer is subject to effective competition.
Mr. Tudor questioned the opinion of Mr. Rodriguez where it relates to effective competition, stating that General Television has no competition in the City of Dover.
Mr. Richter informed Mr. Tudor that the Cable Communications Policy Act of 1984 refers to competition as competition from the air or antennas. Therefore, General Television would fall into this category.
Council accepted the opinion of City Solicitor Rodriguez and referred the matter back to the Utility Committee by motion of Mr. Weyandt, seconded by Mr. Shevock.
GENERAL STATEMENT - COUNCILMAN BULLEY
Mr. Bulley, noting that the filing date to run for Council seats in 1985 has closed, thanked those citizens who submitted petitions in each district. He asked that the electorates now participate in the City of Dover election system.
He thanked fellow Councilmen for assistance and training extended to him in the past year.
Mr. Bulley also gave his support to reinstating the Mayor's right to break a tie vote of Council. He emphasized the fact that in his opinion the Mayor's right to break a tie vote is in the public's interest.
It was Mr. Bulley's opinion that Section 10 of the Charter should be amended to allow abstention from voting by members of Council whether it be for personal reasons, conflicts of interest, or the fact that a Council member might need more time on an issue to vote a confident yes or no.
Mr. Bulley moved that Council adjourn into executive session to discuss personnel matters, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 9:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City council during their meeting of February 11, 1985, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
February 18, 1985
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