REGULAR MEETING
November 8, 1982
The Regular Meeting of Council was held on November 8, 1982 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Bonar and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Shevock requested an additional agenda item to discuss the Civilian and Police Pension Board meetings.
RESOLUTION - RALPH H. BOYER
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover wish to recognize the outstanding civic contributions and achievements by Ralph H. Boyer; and
WHEREAS, Ralph H. Boyer has dedicated a major part of his life toward fire prevention and organization and leadership in the field in that he has served as Fire Chief at the Dover Air Force Base; a life member of Robbins Hose Co. No. 1 holding many offices therein including President and Fire Chief; State Fire Commissioner for the Delaware State Fire School; past President of the Kent County Fire Chief Association; President Emeritus of the Delaware Volunteer Firemens Association and an active member of the same; and
WHEREAS, Ralph H. Boyer has been very active in promoting organized athletic activities for the youth of the Dover area, and he has been instrumental in instituting the Pony Baseball Program, being one of the key organizers and past League President; active in founding and initiating the Dover and Kent County YMCA; and
WHEREAS, Ralph H. Boyer has served all of the offices in the Rotary Club of the City of Dover, having served as President in 1967-68, and has been active on many committees therein; and
WHEREAS, Ralph H. Boyer has been a member of the Greater Dover Chamber of Commerce and has served as a Commissioner on the State Board of Elections, now serving as President of the Board; and
WHEREAS, Ralph H. Boyer has been very active in religious work in the community, having been a long time member of the People’s Church of Dover and having served two terms on the Board of Decons of that Church.
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 hereby recognize Ralph H. Boyer for his outstanding civic contributions and achievements in and around the City of Dover, and hereby extend their deep appreciation for his dedication and help which have benefitted all residents of the City of Dover; and
2. That the Mayor and Council of the City of Dover direct that this Resolution be made a part of the permanent records of the City of Dover.
ADOPTED: NOVEMBER 8, 1982
RESOLUTION - DEDICATION OF THE CITY OF DOVER POLICE BUILDING - TURNER BUILDING
By motion of Mr. Bonar, seconded by Mr. Carey, Council unanimously adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover are proud of their Police Department, the efficient, up-to-date methods of law enforcement it employs and the high level of education of its men; and
WHEREAS, credit for the organization of this competent Department can be traced back to May 16, 1949 when James E. Turner, Sr., a retired State Police Major, agreed to become the City’s Chief of Police for a period of six months to take on the task of implementing a Police Department which would be responsive to the needs of its citizens and which could be labeled as “the best”; and
WHEREAS, Chief James E. Turner, Sr. more than fulfilled his promise and due to his dedication, devotion to the field of law enforcement and the challenges he faced, his six months extended to nearly 20 years after which he retired from the City of Dover Police Department on January 1, 1968 but remained in public service by successfully running for the office of Kent County Levy Court Commissioner; and
WHEREAS, the Mayor and Council are desirous to extending a long lasting gesture of appreciation to James E. Turner, Sr. for the extraordinary accomplishments he rendered in organizing a Police Department which is noted for its efficiency and outstanding quality throughout.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council hereby designate the City of Dover Police Station, built in 1967, as the “TURNER BUILDING” in appreciation for the long standing accomplishments Chief James E. Turner, Sr. rendered to the City of Dover Police Department.
2. The Mayor and Council hereby adopt this Resolution during their regular meeting of November 8, 1982 with formal dedication and naming of the Dover Police Station being held on November 19, 1982.
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 expression of their appreciation of James E. Turner, Sr.
ADOPTED: NOVEMBER 8, 1982
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 25, 1982
Mr. Richter referred to page 3 of the Council Minutes of October 25, 1982 under the heading “Disposal of Wastewater - Dover Brook Gardens, State College Road Area and Whiteoak Road” requesting that the minutes be amended to reflect that funds for the planning and design phases of wastewater disposal for Dover Brook Gardens, State College Road area and Whiteoak Road are available in the sewer and water capital program.
By motion of Mr. Witt, seconded by Mr. Bonar, the Minutes of the Regular Council Meeting of October 25, 1982 were unanimously approved as amended and bore the written approval of Mayor Carroll.
PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Mr. Bartolotta informed Council that the scheduled public hearing relates to a grant submitted for a third year community development block grant program and recognized Mr. Nadab Bynum, Community Development Director for the City, to give a complete overview.
Mr. Bynum stated that the hearing will encompass views and comments from City of Dover citizens in regards to the proposed 1983 Block Grant Application to be submitted to the Department of Housing on November 30th.
The recommendation for this year’s block grant application will include such items as housing rehabilitation, housing demolition, public park improvements and consideration of curbs, gutters and sidewalks.
Mayor Carroll declared the hearing open.
Mr. Charles C. Cooper of 627 East Division Street requested that the City review more thoroughly the proposed expansion of parkland located at the intersection of Kirkwood and Division Street. He felt that the expansion would only multiply present problems that exist, referring to persons consuming alcoholic beverages and overall rowdiness in the area.
Mr. Angelo Harris of 114 Reed Street stated that the expansion of the park area has merit if different types of competitive athletic programs are initiated and the facilities improved.
Mr. Terry Cephas of 21 North Kirkwood Street felt that any funds expended for expansion of the park would be a waste of money. He pointed out the past history of the area for drinking, cursing, drag racing and fighting.
Mayor Carroll declared the hearing closed.
Questioned by Mr. Witt, seconded by Mr. Bynum and Mr. Bartolotta concurred that a stronger emphasis would probably be placed on housing rehabilitation which would be in line with the desires of the State of Delaware.
Mayor Carroll advised Council that their action should furnish guidelines for staff to prioritize a list of improvements such as housing rehabilitation, park improvements, curbs, and sidewalks in the area to be rehabilitated. Staff will then complete the application in accordance with the guidelines, to be presented to Council for approval during the November 22nd Council Meeting.
Mr. Bonar moved to adopt the recommendation of the Legislative and Finance Committee that would initiate application for HUD funds, keeping in mind the advice offered by State of Delaware representatives in prioritizing the type of improvements to be made in the area with emphasis on housing. The motion was seconded by Mr. Hardcastle.
It was generally agreed by Council that the application for HUD funds will contain 100% housing rehabilitation.
By unanimous roll call vote, the motion was carried.
CITY MANAGER’S WRITTEN REPORT FOR OCTOBER - ROBBINS HOSE COMPANY
The City Manager submitted a written report on the semi-annual inspection of the Fire Department and was very much impressed with the on-going training program, the excellent condition of the equipment and fire station facility.
A copy of the report is maintained in the Office of the City Manager and the City Clerk.
By motion of Mr. Hardcastle, seconded by Mr. Bonar, Council unanimously accepted the semi-annual inspection of the Fire Department, submitted by the City Manager.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on November 1, 1982 with Chairman Hardcastle presiding.
Planting of Trees Between Curb and Sidewalk
The committee considered a request by former Mayor Charles Legates and Mr. Gary Patterson, residents of North State Street, for the City to replace trees that were planted in front of former Mayor Legates’ home and the home of Mrs. McClements, on the west side of State Street.
The trees were removed by the City in accordance with Section 21-4 of the City Code that provides no trees, shrubs or bush shall be planted within 16' of curbline.
After discussing the matter, it was the opinion of the committee that the City Manager should review the policy of tree planting since Section 21-4 of the Code is in conflict with requirements of the Zoning Code. The Zoning Code defines a method of determining the curbline, using the center line of the street and specified right-of-way.
Mayor Carroll suggested that any policy adopted for the replacement of trees should be applicable to any location within the City rather than specific localities.
The committee recommended that the trees removed by the City, specifically at former Mayor Legates’ property and Mrs. McClements property on the west side of State Street, be replaced with trees similar to the ones removed.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Bonar and unanimously carried.
Repeal of Section 21-4 - City of Dover Code - Paragraph (b) - 16' Restriction for Planting of Trees
Mr. Hardcastle pointed out the recommendation of staff that Section 21-4, paragraph (b), of the City Code be deleted due to the provisions stating that no trees, shrubs, or bushes shall be planted within 16' of the curbline. It was staff’s opinion that this section cannot be enforced due to the variances in distances from the house to the curb in some sections of the City.
Mr. Hardcastle moved that Section 21-4, paragraph (b) of the City Code be repealed, seconded by Mr. Richter. 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:
That Chapter 21-4 paragraph (b) of the Code of Ordinances, City of Dover, is hereby amended by deleting paragraph (b) of Section 21-4 in its entirety.
Further, amend Chapter 21-4 of the Code of Ordinances, City of Dover, be redesignating paragraph (c) as paragraph (b) and paragraph (d) as paragraph (c).
ADOPTED: NOVEMBER 8, 1982
Hud Funds - Improvement to Kirkwood and Division Streets Play Lot
Mr. Hardcastle referred to the comments made during the public hearing for a Community Development Block Grant Application, specifically, those relating to expansion and development of a park area at the intersection of Kirkwood and Division Streets. He did not feel that the complaints of speeding and other problems in the area should be related to development of the parks area itself.
The committee recommended that the City attempt to acquire five year leases on two additional lots to expand the Kirkwood and Division Streets play lot and proceed with an application for funds from the State Division of Economic and Community Development.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Bonar.
It was Mr. Shevock’s opinion that Council’s former motion to apply 100% for housing rehabilitation in the area deletes that portion of Mr. Hardcastle’s motion for the expansion of the play lot applying for funds from the State Division of Economics and Community Development.
Mr. Richter moved to amend Mr. Hardcastle’s motion, eliminating that part that states “the City will proceed with an application for funds from the State Division of Economics and Community Development”. The motion was seconded by Mr. Witt.
By a vote of seven (7) yes, one (1) no (Mr. Hardcastle), Mr. Richter’s amendment to the motion was carried.
Mr. Hardcastle’s motion to acquire five year leases on two additional lots to expand the Kirkwood and Division Streets play lot was unanimously carried as amended.
Request for City Owned Land - Towne Point
A request was received from Robert D. Henry and William T. Thornburg, residents of Towne Point, to acquire City property adjacent to their own. The land requested is a portion of a tract that was dedicated for park and public use at the time Towne Point Development was laid out and is recorded as such in the Kent County Recorder of Deeds Office.
The City Manager and Mr. Roe recommended that the committee deny the request. Considering the size of the tract and possible future use by the City, the City Solicitor also has great concern for transferring any dedicated open space.
The Parks, Playgrounds and Trees Committee recommended denial of the request.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Boaman and carried with Mr. Bonar voting no.
Mr. Hardcastle moved for approval of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on November 1, 1982 with Chairman Hardcastle presiding.
Fire Siren - Wyoming Avenue
A review of the facts surrounding a request by Mr. & Mrs. Calhoun and Mr. Burchenal to remove the fire siren at the intersection of Wyoming Avenue and Governors Avenue brought out the following facts:
The Fire Department’s recommendation was not to move the siren under any circumstances.
The cost of moving the siren to a new location would amount to approximately $1,547.64.
The purchase of pagers for firemen, eliminating the use of sirens, would cost an estimated $18,325, with an additional charge of $1,215 for warranties on pagers.
The committee also learned that the State exempts fire sirens from its noise abatement legislation.
After considering information submitted by the City Manager’s staff and the possibility of converting to a pager warning system, the committee requested that a report be compiled by the Fire Company to be submitted to the Safety Advisory Committee during their meeting of December 6, 1982.
Mr. Hardcastle moved that the Robbins Hose Company submit their comments on the utilization of pagers, eliminating fire alarms for review of the committee during their December meeting. The motion was seconded y Mr. Bonar and unanimously carried.
Traffic Signal - Intersection of Division Street - Kings Highway N.E. - Park Drive
Mr. Stuart Outten was present at the committee meeting to convey his concerns for elderly residents of Luther Towers who utilize the abovementioned intersection daily.
Mr. James Burcham of 298 Kings Highway N.E. supported Mr. Outten’s concerns, stating that any traffic study should be performed during the hours of 7:25 a.m. to 8:15 a.m., 11:30 a.m. to 12:30 p.m., 2:35 p.m. to 3:00 p.m. and 4:25 p.m. to 5:00 p.m.
Realizing that studies of the intersection have been performed by the Highway Department in the past, Mr. Boaman felt that a new study should be conducted, feeling that Luther Towers and the new Dover Mall have contributed greatly to the traffic during the last year. He also cited the expectancy of at least 350 employees that will be traveling to the site of the old Richardson & Robbins Plant.
The committee moved to recommend that the State Department of Transportation be asked to perform a new study of the intersection during the hours outlined by Mr. Burcham for a report back to the Safety Advisory Committee at a future meeting.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Bonar and unanimously carried.
Harmon Property - Division and West Streets - Condemnation
Mr. Roe advised the committee that he has arranged for the signing of proper papers between Mr. Grigsby of Grigco Oil in Virginia and Mr. Harmon for the removal of oil storage tanks and clean up on property owned by Mr. Harmon at the corner of Division and West Streets. The project will begin on November 2, 1982 and will be completed by December 10, 1982.
Erection of “Watch Children” Sign - North Little Creek Road
A request by Sabrina Wilkerson would install a “Watch Children” sign on the North Little Creek Road in the area of 1752 North Little Creek Road.
Staff recommended erection of the sign, stating that the roadway is the City of Dover’s responsibility and the expense of the sign would be worth the cost to prevent an injury.
The Safety Advisory Committee concurred with staff recommendation.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 3, 1982 with Chairman Boaman presiding.
United Way Contributions
A letter was submitted by former Mayor McDonough who is serving as Chairman of the Government and Community Non-Profit Organizations for the United Way, requesting that the City of Dover consider a contribution.
Committee member Councilman Bonar moved to recommend that the City of Dover appropriate a sum of $500 as a contribution to the United Way fund drive. The motion failed for lack of a second.
Mr. Boaman moved that the City of Dover contribute a sum of $500 to the United Way fund drive. The motion was seconded by Mr. Bonar.
Mr. Richter stated that he did not feel it appropriate for a government agency to make this type of contribution.
Mr. Boaman called for the question.
By a vote of six (6) no, two (2) yes (Mr. Boaman and Mr. Bonar), the motion failed.
Charter Changes and Corrections
Mr. Boaman advised Council of the special meeting of the Legislative and Finance Committee on November 16, 1982 at 7:30 p.m. and requested the attendance of Council members since many important Charter changes will be discussed.
Bonding Attorney to Review Bond Provisions of Charter
A letter was received from the City Solicitor recommending that the Legislative and Finance Committee consider retaining the firm of Potter, Anderson and Corroon who specialize in the requirements of Charter provisions that provide for the issuance of revenue and/or general obligation bonds. Mr. Rodriguez pointed out that this is a highly technical field and that the bond attorneys scrutinize the Charter provisions very closely before approving a bond issuance.
It was the general feeling of Council that Mr. Bartolotta should work with the City Solicitor and a representative of the firm of Potter, Anderson and Corroon to formulate changes in the Charter provisions related to bond issues.
1983/84 Budget Information
The committee discussed the form in which the 1983/84 budget would be presented for review and final approval by Council.
Mr. Boaman stated his desire to continue the practice of indicating projected budget figures to include budget information from the past two years. In addition, he requested a thorough breakdown of the administrative cost in the Electric budget listing all planned trips, the duration thereof and expenses.
As chairman of the Legislative and Finance Committee, Mr. Boaman requested that members of Council submit any requests for additional budget information and ideas as to the form that will be utilized to Mr. Bartolotta as soon as possible.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Bonar and unanimously carried.
CIVILIAN AND POLICE PENSION BOARD MEETING
The Civilian and Police Pension Boards met on November 3, 1982 with Chairman Shevock presiding.
Mr. Shevock advised Council that representatives of Massachusetts Mutual were present to discuss the Civilian and Police Pension contract that expires on November 15, 1982. The Board discussed possible investment alternatives, requesting that Massachusetts Mutual furnish the City Manager with further information for review by the Board members. If a satisfactory contract cannot be initiated with the present company, the Board is contemplating contact with other companies for competitive bids.
The Civilian Pension Board also approved an application for retirement by William Tolson from the Public Works Department.
Referring to a recent amendment to the Civilian Pension Ordinance providing for a 4% contribution by employees to the Civilian Pension Fund, Mr. Shevock advised Council that the Civilian Pension Board submitted a proposal that would reduce the Civilian pension contribution to 2½%, effective July 1, 1983.
Mr. Shevock moved to refer this matter to the Legislative and Finance Committee, seconded by Mr. Richter and unanimously carried.
Mr. Bonar moved to accept the Police and Civilian Pension Board Report as submitted, seconded by Mr. Boaman and unanimously carried.
APPOINTMENT - JUDGES - ROBBINS HOSE COMPANY ELECTION OF NOVEMBER 15, 1982
Mayor Carroll submitted the names of Councilmen Carey and Tudor to serve as judges along with Mr. Willis, for the Robbins Hose Company election scheduled for November 15, 1982 between the hours of 7:00 p.m. and 9:00 p.m.
Mr. Richter moved for approval of the appointment, seconded by Mr. Shevock and unanimously carried.
Mayor Carroll appointed Councilmen Richter and Witt as alternate judges.
CORRESPONDENCE
Noel and Mary Breton and Eugene Schuyler - Vondaway Drive - Request to Replace Trailer with Nanticoke Home
Mr. Richter referred to a previous requested submitted by Mr. & Mrs. Noel Breton to replace their older mobile home with a newer model. Council denied their request and the Breton’s resubmitted a letter requesting to replace the mobile home with a Nanticoke Home.
Mr. Richter moved to refer the matter to the Utility Committee, seconded by Mr. Boaman and unanimously carried.
Department of Transportation - State of Delaware - Traffic Signal - Legislative Avenue and Loockerman Street
A letter was received from Mr. Kermit Justice, Secretary of the Department of Transportation, State of Delaware, advising the City of a proposed traffic signal to be installed at the intersection of Legislative Avenue and Loockerman Street. However, after surveying the intersection, the Department of Transportation found that it will be necessary to alter the roadway and curb. He requested discussions with City officials on the matter.
Mr. Bonar moved to acknowledge receipt of the letter, seconded by Mr. Witt and unanimously carried.
Metropolitan Insurance Company - Gene Sterling - Bid on Pension Fund Investments
A letter was received from Mr. Gene Sterling, a representative of the Metropolitan Insurance Company, requesting that he be placed on any list that would inquire for a bid to manage the Civilian and Police pension funds.
Mr. Richter moved to acknowledge receipt of the letter, seconded by Mr. Boaman and unanimously carried.
Delaware State Housing Authority
A letter was received from Mr. Robert H. Schulz, Community Development Coordinator of the State Division of Housing, advising Council of a workshop to be held November 15, 1982 from 1:00 p.m. to 4:30 p.m. and on November 16, 1982 from 1:00 p.m. to 4:30 p.m. where community development will be discussed.
Mr. Bonar moved to acknowledge receipt of the letter, seconded by Mr. Carey and unanimously carried.
Mr. Bonar moved for adjournment into executive session, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 8, 1982, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
November 15, 1982
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