REGULAR MEETING
January 23, 1984
The Regular Meeting of Council was held on January 23, 1984 at 7:30 p.m. with Mayor Carroll presiding. Those present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
There were no additions or deletions to the agenda.
RESOLUTION - LOOCKERMAN STREET PARK PROJECT COMMITTEE
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by unanimous roll call vote adopted the following resolution:
WHEREAS, in late 1981 the Dover Century Club initiated the idea of improving the lot owned by the City of Dover located adjacent to the News Stand on Loockerman Street; and
WHEREAS, interest was kindled with many other organizations and individuals and as a result the first meeting of the Loockerman Street Park Project Committee was held on February 17, 1982; and
WHEREAS, through the efforts of Dr. Norman Dill, Chairman, Nancy Shade, Co-Chairman, Mr. & Mrs. Sam Kendall of the Capital Grange, and Mr. Bob Hayes of the Retired Telephone Pioneers of America, plans for a passive park where shoppers could rest and enjoy the scenery were formulated and an active and successful fund drive was begun; and
WHEREAS, during the summer of 1983 improvements began to unfold and merchants and shoppers alike checked the daily progress of these busy people donating their time and services to the project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover express their appreciation to the members of the Loockerman Street Park Project for the countless hours they have spent to create a spot of natural beauty in the center of the downtown business district.
2. The Mayor and Council of the City of Dover express their appreciation to the many businesses and individuals for their donations of services and funds so that this project could be a reality.
3. The Mayor and Council of the City of Dover direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in an expression of their appreciation to the Loockerman Street Park Project Committee.
ADOPTED: JANUARY 23, 1984
RESOLUTION - JAMES C. HARDCASTLE
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote, (Mr. Hardcastle not voting) adopted the following resolution:
WHEREAS, a Proclamation has been issued designating Sunday, January 15, 1984, as “JAMES C. HARDCASTLE DAY” in Dover; and
WHEREAS, James C. Hardcastle has served the Capital School District for 48 years in education in the greater Dover area; and
WHEREAS, James C. Hardcastle served on the Board of Trustees for Delaware State College since 1964 and has acted as Secretary since 1975; and
WHEREAS, James C. Hardcastle has served on the Council of the City of Dover since February 1974 and in 1980 was elected Vice-Mayor of the City of Dover; and
WHEREAS, James C. Hardcastle has chosen to retire from the Capital School District on December 31, 1983 after devoting his time and attention to the many problems which have faced the community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council extend their deepest gratitude to James C. Hardcastle for contributing his dedication and expertise to the Dover community.
2. The Mayor and Council wish James C. Hardcastle and his family a happy and peaceful retirement.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in recognition of “James C. Hardcastle Day”.
ADOPTED: JANUARY 23, 1984
PROCLAMATION - CATHOLIC SCHOOL WEEK
Mayor Carroll submitted the following Proclamation:
WHEREAS, the Catholic Schools provide a very special education to thousands of students and have been a consistent advocate of academic achievement by our young people for many years; and
WHEREAS, once a year the schools take time to celebrate Catholic Schools Week, a national program recognizing the importance of Catholic Schools in American education; and
WHEREAS, the theme for this year’s observance is “Catholic Schools: Beacon of Hope”.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, do hereby proclaim January 29th through February 4, 1984 as
CATHOLIC SCHOOLS WEEK
in the City of Dover, and urge all citizens to recognize the importance of this observance.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 9, 1984
The Minutes of the Regular Council Meeting of January 9, 1984 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING - LAND LOCATED ON THE SOUTHEAST CORNER OF MIFFLIN ROAD AND DELAWARE ROUTE #8 - ROWE VON PLEASANTON ESTATE AND ROBERTA P. CARROLL
Relating to the fact that the above captioned land has caused concern with residents of Mifflin Road and members of Council, Mr. Boaman stated that he senses a feeling that compromises a goal that residents and members of Council would like to reach.
He moved that the rezoning be left on the table and that a workshop be formulated between members of Council, the Planning Commission, three representatives from residents of Mifflin Road, and three representatives of the developer; said workshop to be held within two (2) weeks, or prior to the next Regular Council Meeting. The motion was seconded by Mr. Christiansen and unanimously carried.
Mr. Boaman also stipulated that the Office of the City Clerk coordinate the meeting date and poll those involved by telephone for confirmation.
PUBLIC HEARING - REZONING - LAND ON RUDNICK TRACT - U.S. ROUTE #13 AND SOUTH STATE STREET - LUTHER D. SHANK III, LUTHER D. SHANK, JEFFREY K. SHANK, FRANCIS P. SILICATO, AND DENNIS SILICATO
Mr. Christiansen noted a letter from L.D. Shank III requesting a continuance of the public hearing for rezoning.
Mr. Christiansen moved to table the matter, seconded by Mr. Witt and unanimously carried.
PUBLIC HEARING - REZONING - LAND ADJACENT TO ROUTE #8 AND GEORGE WASHINGTON DRIVE - ADAMS DRIVE - PRESIDENTIAL COURTS, INC.
Mr. Weyandt noted a letter from Martin B. Panczner, Executive Vice-President of Presidential Courts, Inc., requesting that the public hearing be withdrawn. Mr. Weyandt moved that the public hearing be withdrawn, seconded by Mr. Hardcastle and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 11, 1984 at 7:30 p.m. with Chairman Richter presiding.
Ground Water Supply Study - Phase I Report - Authorization for Phase II
In accordance with the Utility Committee Report, Mr. Richter noted that Phase I of the Ground Water Development Investigation was completed in December 1983 by the engineering firm of Betz, Converse and Murdoch. Phase I included test drillings to determine locations for a water supply from the unconfirmed aquifers.
Phase II of the investigation will establish the quantity and quality of water available from the site selected in Phase I.
The Utility Committee recommended authorization to proceed with Phase II of the study and award the contract to Betz, Converse and Murdoch at a fee of $49,275, stipulating that the City Manager also be authorized to competitively bid the drilling contract for Phase II.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Shevock.
Mr. Weyandt advised Council that if Phase II is approved, considering the original consultant charge, the cost of test wells and operating well, and the cost of Phase II of the study, the City will have incurred an outlay of cash in the amount of approximately $129,000. Since no letter of endorsement has been received from the State Environmental Control Department and no land set aside for a well, Mr. Weyandt questioned the overall advisability of proceeding with Phase II of study.
Questioned by Mr. Tudor, Solicitor Rodriguez stated that the City does have the right of condemnation as provided in the Charter. (Section 2)
Mr. Bartolotta stated that a study of the unconfined aquifers has been encouraged by the State for years and the State has indicated strong support of the City’s action thus far.
By a roll call vote of seven (7) yes, one (1) no (Mr. Weyandt), Phase II of the Groundwater Supply Study was approved.
Electric Fuel Adjustment Review
The Utility Committee reviewed facts as presented by the City Manager on a new proposed electric fuel adjustment multiplier. Mr. Bartolotta advised the committee that the City is now able to generate the same kilowatt hours, burning less fuel. Therefore, the present multiplier projected for a period of one year will generate more revenue than needed.
The committee recommended that Council adopt a new lower stabilized fuel adjustment multiplier at .009310, effective February 1, 1984; projected to be in effect until June 30, 1985 and that the fuel adjustment be reviewed one (1) year from now, in January 1985 for possible revision.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt.
Mr. Witt moved to amend the motion, stipulating that the fuel adjustment multiplier be reviewed on a quarterly basis, beginning April 1984. The motion was seconded by Mr. Richter.
Mr. Shevock advised against fluctuation of the fuel adjustment clause since large industry depends on a stabilized figure for budget purposes.
By unanimous roll call vote, Mr. Witt’s amendment to the main motion was approved.
By unanimous roll call vote, the main motion, setting a fuel adjustment multiplier at .009310, was approved.
Annexation Request - Trailer Village and Property of Ruth Porter
The committee considered a request from Trailer Village, located on the southbound lane of U.S. Route #13, north of the State Police Headquarters, and an adjacent property owned by Ruth Porter, for annexation into the City of Dover. The annexation request was approved by the Planning Commission during their January 16, 1984 meeting.
The committee recommended that Trailer Village and the Ruth Porter property be approved for an annexation referendum. Also, that a second referendum be held to include Trailer Village, the Ruth Porter property, and the remaining property to extend the City limits to the present corporate boundary.
Mr. Richter moved that Trailer Village and the Ruth Porter property be set for an annexation referendum, to be held on March 2, 1984. The motion was seconded by Mr. Boaman.
Questioned by Mr. Weyandt, Mr. Bartolotta stated that extending the sewer facilities north to Dennys Road is an item of the Five Year Capital Improvement Program; however, part of the cost resulting from the project would be recouped by special assessment to the property owners.
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 in north Dover and north of the present City limits, and hereinafter 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 in East Dover Hundred, Kent County, Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route 13, its westerly right-of-way line being the present boundary of The City of Dover, being north of lands of Carlisle Hotel Corp. and lands of DiAntonio and Rebak, and south of lands of Delaware Technical and Community College and others, and being more particularly described as follows:
Beginning at a point in the westerly line of U.S. Route #13 being the northeast corner of lands of Carlisle Hotel Corp., and the southeast corner of these lands being the former “Trailer Village” site; thence, with the line separating these lands from lands of Carlisle Hotel Corp. and lands of DiAntonio and Rebak, the following courses and distances:
1.S 52° 05' W, about 1070' to a point, corner for this parcel and the former “Loumar” site;
2.Approximately S 24° 05' E, about 238.5';
3.By the line of an old stream, a tie line of approximately S 83° 52' W, about 340', to a point in line of lands of Delaware Technical and Community College;
Thence, with line of lands of said College, the following courses and distances:
1.N 25° 54' 13" W, 417.00';
2.N 67° 26' E, 368.32',
3.N 25° 25' 37" W, about 134.37' to a point in line of lands of said College, corner for lands of Porter, and lands now or late of Learned;
Thence, with the line of lands of Porter, included in this parcel, and lands of others, the following courses and distances:
1.N 52° 05' E, about 471';
2.N 37° 55' E, about 192.15';
3.N 52° 05' E, about 475' to a point in the westerly line of U.S. Route 13;
Thence, with the westerly line of U.S. Route 13, S 37° 55' E, about 197.15' to the point and place of beginning.
Containing 10.34 acres, more or less (0.016 square miles).
2. That an election be held on the 2nd day of March 1984, commencing at the hour of 11:00 a.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: JANUARY 23, 1984
Annexation Referendum - Property Adjacent to and North of Ruth Porter Property and North to Present City Boundaries
Mr. Richter moved that an annexation referendum be held on March 2, 1984 that would include lands of Trailer Village, the adjacent Ruth Porter property, and all lands north bordering U.S. Route 13 to the present boundaries. 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 in north Dover and east of the present City limits, and hereinafter 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 in East Dover Hundred, Kent County, Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route 13, its westerly right-of-way line being the present boundary of The City of Dover, being east and south of lands of Delaware Technical and Community College, and north of Porter, and being more particularly described as follows:
Beginning at a point in the westerly line of U.S. Route 13 being the northeast corner of lands of Porter, and the southeast corner of these lands, now or late of Learned; thence, with the line separating these lands from lands of Porter the following courses and distances:
1.S 52° 05' W, about 475';
2.N 37° 55' W, about 192.15';
3.S 52° 05' W, about 471' to a point in line of lands of Delaware Technical and Community College;
Thence, with the line of lands of said College, the following courses and distances:
1.N 25°25' 37" W, about 479.10';
2.N 61° 38' 52" E, 257.00';
3.N 37° 26' 55" W, 196.72';
4.S 52° 05' W, 20.00';
5.N 37° 57' W, 230.00';
6.N 32° 13' W, 201.00';
7.N 52° 05' E, 600.00', running with a line separating lands of First United Pentecostal Church from lands of Delaware Technical and Community College, to a point in the westerly line of U.S. Route 13;
Thence, with the westerly line of U.S. Route 13, S 37° 55' E, about 1247.85' to the point and place of beginning.
Containing 20.25 acres, more or less (0.032 square miles).
2. That an election be held on the 2nd day of March 1984, commencing at the hour of 11:00 a.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: JANUARY 23, 1984
Mr. Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 19, 1984 at 3:00 p.m. with Chairman Boaman presiding.
Employee Personnel Handbook
Mr. Boaman advised Council that 50% of the text of the Employee Personnel Handbook has been reviewed by the committee and will be completed at the next regular committee meeting.
Pension Funds - Financial Advisor - Recommendation of Joint Pension Committees
Mr. Boaman congratulated Mr. Shevock’s committee on the process of selecting a financial advisor for the Police and Civilian Pension Funds.
Mr. Shevock explained that 19 proposals were received from financial firms interested in the administration and investment of the Police and Civilian Pension Funds. Six of the top firms were selected for the purpose of interviews. His committee spent two days interviewing the six firms and selected Merrill Lynch, who is now the temporary holder of the Police and Civilian Pension Funds. Merrill Lynch will charge an annual fee for administering the funds in the amount of $17,450. Although the New York based Merrill Lynch will be the administrator of the pension funds, the local based firm would be the custodian of all legal documents.
Mr. Shevock moved that Merrill Lynch be approved as the investment firm for the Police and Civilian Pension Funds, seconded by Mr. Boaman and carried by unanimous roll call vote.
Proposed Ordinance - Malfunctioning Fire Alarm Systems
Mr. Boaman stated that the proposed ordinance compiled by Solicitor Rodriguez to cover malfunctioning fire alarm systems has been reviewed by the Fire Chief of Robbins Hose Company and by the Fire Marshal. The committee recommended that the ordinance be adopted, with the exception that the fines to be levied will read “$25 to $100".
Questioned by Mr. Richter, Mr. Boaman stated that the notice of violations would be served by the Fire Marshal’s Office and processed through the courts.
Mr. Tudor expressed concern that the ordnance would encourage owners of buildings to turn off their fire alarm systems, especially when malfunctions are experienced.
Questioned by Mr. Christiansen, Mr. Saxton stated that the Fire Marshal’s Office would determine where the fault lies in alarm systems being activated whether it be a workman at a facility, the contractor, the architect, or the owner.
Mr. Boaman moved for adoption of the ordinance, seconded by Mr. Christiansen. By a roll call vote of seven (7) yes, one (1) no (Mr. Tudor), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by adding a new section to be designated Sec. 14-3.6 to be worded as follows:
SEC. 14-3.6 False Alarm to Fire Company.
Subsection (a) Definitions.
For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
(1) Alarm Systems. An assembly of equipment and devices arranged to signal the presence of a fire to which the fire company is expected to respond.
(2) Alarm User. Any person, firm, partnership, corporation or other entity or any agent, officer or employee thereof on whose premises an alarm system for fires is maintained within the City.
(3) Alarm Contractor. Any person, firm, partnership, corporation or other entity or any agent, officer, or employee thereof responsible for construction of the building or structure in which the alarm system is located or situated and who is responsible for the original installation of the alarm system or under whose contract the alarm system was installed initially.
(4) Alarm Maintainer. Any person, firm, partnership, corporation or other entity or any agent, officer of employee thereof responsible for the maintenance of an alarm system under contract or agreement with the alarm user.
(5) False Alarm. The activation of an alarm system causing the fire company to respond when in fact no fire is in existence or other similar danger is in existence.
(6) Fire Company. The Robbins Hose Company.
(7) Fire Marshal. The Fire Marshal appointed by City of Dover Council.
Subsection (b) Maintenance of Alarm System.
Every alarm user, alarm contractor and alarm maintainer shall see that the alarm system in question is maintained in a reasonable and proper manner so as to minimize the number of false alarms created by the system to the fire company. The Fire Marshal shall have the authority to determine when an alarm system is not being maintained in such a manner and to determine when an alarm system has been constructed or maintained negligently. His determination may be based upon the number of false alarms caused by the system or any other reasonable manner normally used to determine negligent construction or maintenance.
Subsection (c) Violation - - Penalty.
When the Fire Marshal shall determine that the alarm system has been negligently constructed or is being negligently maintained due to the number of false alarms caused by the system or otherwise he shall give notification of the same to the alarm contractor, the alarm maintainer, or the alarm user said notice to be mailed to the last known address of the person, certified mail return receipt requested or to be served personally on the person which notice shall designate his determination that the system has been negligently constructed or maintained and directing the persons to correct this negligent maintenance or construction within a period of time specified in the notice to be not less than 24 hours where personal service of the notice is made and not less than 48 hours from the date of mailing of the certified letter. Failure to correct this negligent maintenance or construction pursuant to the notice of the Fire Marshal within the time specified in the notice shall constitute a violation of this section making the alarm contractor, alarm maintainer or alarm user liable to be fined in the amount of $25 to $100. Each day that the alarm system remains uncorrected shall constitute a separate violation subjecting the person to a separate and like fine.
ADOPTED: JANUARY 23, 1984
Mayor and Council Voting Procedures - Mayor’s Tie Breaking Vote
Mr. Boaman advised Council that the Legislative and Finance Committee considered a resolution submitted by the City Solicitor that would reinstate the Mayor’s tie breaking vote in Council.
The committee recommended approval of the resolution that would be submitted to the General Assembly for a Charter change with Mr. Weyandt voting no.
Mr. Boaman moved for adoption of the resolution, seconded by Mr. Shevock.
It was Mr. Richter’s opinion that members of Council are under the misconception that a tie vote of Council is considered no action. He stated that a tie vote is a no vote. Secondly, he felt that the Mayor’s office serves in the capacity as an executive with the right to veto. He did not feel that the Mayor should have the right to veto and also have the ability to break a tie vote. He, therefore, informed Council of his intention to vote against reinstating the Mayor’s tie breaking vote.
Mr. Weyandt reiterated his suggestion that the matter be studied further by the Legislative and Finance Committee, keeping in mind that a member at large could be elected, making a total of nine (9) councilmen or the City could be divided into three (3) districts, with three (3) councilmen representing each district, serving three (3) year terms.
Mr. Christiansen also suggested further study of the matter, keeping in mind that the Mayor’s office should be removed from any legislative action by Council.
Mr. Shevock disagreed with Mr. Richter’s opinion that a tie vote is a no vote, feeling that a tie vote represents no action on the part of Council. He felt that the citizens of Dover deserve a decision from Council in some way rather than taking no action on the matter as a result of a tie vote. Although the matter should be studied in the future, he felt that reinstating the Mayor’s tie breaking vote would be in the best interest of the citizens of Dover.
Mr. Boaman noted that the Mayor’s tie breaking vote was a part of the Charter beginning in 1929 up to the point where it was done away with by a Charter change in 1976. It was his opinion that the system did work and avoided indecision by Council on various matters. (Note: Solicitor’s opinion as recorded in 12/12/83 Minutes)
Mayor Carroll stated that Mayors elected in the future should be obligated to the citizens of Dover. Since he is elected by the same citizens who elected the Councilmen, he should have the right to carry out the desires of the citizenry as the Mayor’s office deems in the best interest of the community.
Mr. Boaman called for the question.
By a roll call vote of five (5) no, three (3) yes (Mr. Boaman, Mr. Hardcastle and Mr. Shevock) the motion for adoption of a resolution that would reinstate the Mayor’s tie breaking vote was defeated.
Mr. Boaman stated that if Council felt that their previous action was actual representation of the people he challenged those present to put the question of the Mayor’s tie breaking vote on the ballot for the 1984 municipal election as a binding referendum.
Mr. Boaman so moved that the question of the Mayor’s tie breaking vote be a part of the ballot for the 1984 municipal election and considered a binding referendum. The motion was seconded by Mr. Christiansen.
By a roll call vote of four (4) yes, and four (4) no (Mr. Richter, Mr. Tudor, Mr. Witt and Mr. Weyandt) the motion was defeated as a result of a tie vote.
City Bids, Contracts and Purchasing Policy
Mr. Boaman pointed out various changes that the committee made in the proposed purchasing policy. These changes affected Section 2.2 requiring a minimum of three (3) written quotations when they can be obtained. Section 4.6 was altered to read “The Mayor and City Manager will be responsible for making a decision as to the existence of an emergency.”
Mr. Weyandt stated that Section 1.1 of the policy should be changed to incorporate contracts for service, consulting, specialized service, or repair work.
It was Mr. Richter’s opinion that professional services should not be bid and state law provides that this service will be negotiated.
Mr. Witt moved to table adoption of the City bids, contracts and purchasing policy, seconded by Mr. Christiansen and unanimously carried.
Council Agenda Resolutions
The committee discussed the presentation of resolutions on Council floor and felt that some control should be established as to the contents of the resolution and also the number of resolutions that might be presented at any one meeting.
It was the committee’s recommendation that the Legislative and Finance Committee be a clearing house for all resolutions prior to establishing said resolution as a Council agenda item.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt.
Questioned by Mr. Witt, Mayor Carroll advised Council that many times resolutions are submitted to staff members, whether it be through Council members or private individuals, and it was the opinion of the committee that these resolutions should be reviewed prior to placing them on a Council agenda.
By a voice call vote, the recommendation of the committee on resolutions was approved.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
MONTHLY REPORTS - DECEMBER 1983
Mr. Weyandt expressed concern that cash receipts for ambulance bills are running 13% behind budget projections. In conversations with the City Manager he was advised that collection efforts in the Ambulance Department will be stepped up. This same condition exists in the collection of Senior Surrey fees that is running 11% behind budget projections.
Mr. Bartolotta requested Council’s consent to try a number of creative ideas to increase sales of advertising space on the Senior Surrey.
Mr. Shevock moved to refer the matters to the Legislative and Finance Committee for further discussion, seconded by Mr. Weyandt and unanimously carried.
By motion of Mr. Weyandt, seconded by Mr. Witt, the monthly reports for December 1983 were unanimously approved, as follows:
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 Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue and Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Revenue and Budget Reports - Electric Divisions
Municipal Street Aid Fund, Cash Receipts and Budget Report
Police Grant Fund, Cash Receipts and Budget Report
REZONING REQUEST - NORTHEAST INTERSECTION OF MIFFLIN ROAD AND HAZLETTVILLE ROAD - CHARLES F.R. MIFFLIN AND WALKER L. MIFFLIN, JR.
A rezoning request was received from Charles F.R. Mifflin and Walker L. Mifflin, Jr. to rezone land located adjacent to the northeast intersection of Mifflin Road and Hazlettville Road.
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. Christiansen, Council referred the matter to the Planning Commission and by unanimous roll call vote, 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 the northeast intersection of Mifflin Road and Hazlettville Road 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 February 28, 1984 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-15 that property located at the northeast intersection of Mifflin Road and Hazlettville Road, owned by Charles F.R. Mifflin and Walker L. Mifflin, Jr.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JANUARY 23, 1984
REZONING REQUEST - LAND LOCATED ON THE NORTH SIDE OF ROUTE #8, WEST OF MIFFLIN ROAD - L & N DOVER, INC.
A rezoning request was received from L & N Dover, Inc. for land located on the north side of Route #8 (Hartly Road), just west of Mifflin Road.
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 request to the Planning Commission and by a unanimous roll call vote, 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 on the Hartly Road are presently zoned for R-8 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 February 27, 1984 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RM-1 that property located on the Hartly Road, owned by L & N Dover, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JANUARY 23, 1984
CORRESPONDENCE
Plaza News Inc. - Arthur Malinoski - Debris - Litter - Loockerman Street
A letter was received by Councilman Boaman from Arthur J. Malinoski, owner of the Plaza News, Inc., expressing concern for debris littered Loockerman Street, including The Loockerman Street Way, the recently completed park area adjacent to his business. He suggested more adequate containers and a review of the street cleaning program for the area.
Mr. Witt moved to acknowledge receipt of the letter and refer the matter to the City Manager and the Parks, Playgrounds and Trees Committee, seconded by Mr. Hardcastle and unanimously carried.
Robert Ridgeway - Public Works Department - Letter of Commendation - Return of Citizen’s Pocketbook
A letter was received from Dr. Edward W. Goate’, Superintendent of the Capital School District, commending Robert Ridgeway of the City’s Public Works Department, who found and returned a ladies pocketbook to the owner.
Petition - Rowe Von Pleasanton Estate - Rezoning Request - Southeast Corner of Mifflin Road and Route #8
Mr. Christiansen moved that a petition received from property owners in the Mifflin Road area be made a part of the official Council Minutes. The petition objected to a proposed zoning change from R-20 to R-8. The motion was seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:47 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 23, 1984, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
January 30, 1984
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