REGULAR MEETING
April 12, 1982
The Regular Meeting of Council was held on April 12, 1982 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Tudor, Boaman, Hardcastle, Carey, Witt, Carroll and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
Mayor McDonough welcomed newly appointed City Manager Robert Bartolotta.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an additional agenda item to discuss a SPCA yard sale.
Mr. Richter requested an additional agenda item for an executive session immediately following adjournment of the main meeting to discuss the City Manager’s employment agreement.
PRESENTATION - BULLET PROOF VESTS - POLICE DEPARTMENT BY DOVER ELKS BPOE #1903
Mr. Ward Novak, exalted ruler of the Dover Elks BPOE #1903, was present to present five bullet proof vests to the City of Dover Police Department. Mr. Novak hoped that the presentation would lead to other civic organizations following the example of his lodge.
Mayor McDonough and Chief Klenoski accepted the vests as an expression of gratitude for the fine work performed by members of the Police Department.
RESOLUTION - LT. WILLIAM H. KNOTTS RETIREMENT
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously adopted the following resolution:
WHEREAS, William H. Knotts first became employed by the City of Dover Police Department on April 2, 1962 as Patrolman and was promoted through the ranks of the police force as Corporal in January 1965, Sergeant in December 1967, and Lieutenant in February 1972; and
WHEREAS, during his tenure as Lieutenant, William H. Knotts was Commanding Officer of the Traffic Unit responsible for the supervision of all uniformed personnel. William H. Knotts also served as Criminal Unit Commander in charge of all criminal activities investigated by the Criminal Unit of the Police Department; and
WHEREAS, throughout his career in law enforcement William H. Knotts sought to better his education and knowledge by attending and becoming a graduate of the FBI National Academy; and
WHEREAS, William H. Knotts is retiring from City employment effective March 31, 1982, after some 20 years of continuous and devoted service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council extend their deepest gratitude to William H. Knotts for contributing his dedication and expertise to the City of Dover Police Department for the past 20 years.
2. That the Mayor and Council wish William H. Knotts and his family a happy and peaceful retirement.
3. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation of the faithful and responsible services rendered by William H. Knotts.
ADOPTED: APRIL 12, 1982
Mayor McDonough and Chief Klenoski presented a framed, sealed original of the resolution to Lt. William H. Knotts, thanking him for his many years of service.
RESOLUTION - SPRING CLEANING
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously adopted the following resolution:
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City, and
WHEREAS, the annual Old Dover Days will be celebrated April 30th and May 1st, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 18th - 24th, 1982 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Special Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: APRIL 12, 1982
PROCLAMATION - LIFE. BE IN IT. PROGRAM
By motion of Mr. Bewick, seconded by Mr. Carey, Council unanimously adopted the following proclamation:
WHEREAS, Individual and organized forms of recreation and the creative use of free time have gained growing importance in the lives of all Americans as they find more and more time freed for personal pursuits; and
WHEREAS, organized sports is only one avenue of recreation; rather recreation encompasses a myriad of activities that result in satisfaction and family unity; and
WHEREAS, recreation is not confined to the young and those with great physical prowess, but can be pursued by persons of all ages in programs of arts and crafts, tourism, and cultural endeavors; and
WHEREAS, the Life, Be In It. program, unlike others of its genre, promotes a zestful approach to life in general through the encouragement of a broad range of inexpensive recreation activities that do not demand special instructions or special equipment; and
WHEREAS, the Life. Be In It. program, in its most far-reaching benefits, can help combat the problems of juvenile delinquency, disabling old age and general depression by subtly highlighting new avenues of interest to every individual in the community;
NOW, THEREFORE, BE IT PROCLAIMED THAT I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby endorse the Life. Be In It. program and urge Dover residents to seek what Dover and surrounding areas have to offer.
PROCLAMATION - BETA SIGMA PHI DAY
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously adopted the following proclamation:
WHEREAS, in honor of Beta Sigma Phi sorority, the world’s largest Greek letter women’s service, cultural and social organization with many chapters in the City of Dover, this day of April 30, 1982, has been designated as Beta Sigma Phi Day; and
WHEREAS, Beta Sigma Phi is an organization that has grown to include 250,000 members in 12,500 chapters, located in 36 countries across the world; a group of women that has worked for every known charitable, health and cultural organization, raising money and donating time and effort to those in need everywhere; and
WHEREAS, the badge of the organization shall signify life, learning and friendship by its Greek symbols, Beta Sigma Phi; and
WHEREAS, it is sincerely believed to be a worthwhile act that would benefit its many members around the world, with a lifetime of association with the finest people;
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM APRIL 30, 1982
BETA SIGMA PHI DAY
and ask that other Beta Sigma Phi sisters everywhere join with Preceptor Gamma of Dover, Delaware in saluting Beta Sigma Phi Day.
PROCLAMATION - NATIONAL LIBRARY WEEK
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously adopted the following proclamation:
WHEREAS, Dover, as the capital city of the First State is uniquely committed to enriching the quality of life for all its citizens;
AND, WHEREAS, the community’s libraries are the core of our city’s information and education resources, freely available to all residents without regard to race, religion, or political affiliations;
AND, WHEREAS, libraries are the most economical and democratic of institutions designed to serve the public’s intellectual and recreational needs;
NOW, THEREFORE, BE IT PROCLAIMED that the week of April 18 to 24 be observed as National Library Week and that the residents of Dover be urged to visit and enjoy the resources of the Dover Public Library and of those other school and college and governmental libraries so richly provided in our city.
PROCLAMATION - NATIONAL VOLUNTEER WEEK
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously adopted the following proclamation:
WHEREAS, out nation’s heritage is based on voluntary action and involvement; and
WHEREAS, the participation of volunteers is of enormous benefit in building a better community; and
WHEREAS, volunteers provide invaluable services to all aspects of business, politics, religion, education, industry, and human services; and
WHEREAS, United Way of Delaware is providing the impetus for the recognition of all voluntary services in Central Delaware; and
WHEREAS, we are very appreciative of the contribution that volunteers are making to out city’s welfare.
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM APRIL 18 THROUGH APRIL 24, 1982, AS:
NATIONAL VOLUNTEER WEEK
in the City of Dover, and call upon all citizens to recognize this as a special period during which the dedication of volunteers is appreciated and their example followed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 22, 1982
By motion of Mr. Hardcastle, seconded by Mr. Bewick, the Regular Council Meeting Minutes of March 22, 1982 were unanimously approved and bore the written approval of Mayor McDonough.
MINUTES - SPECIAL COUNCIL MEETING OF APRIL 7, 1982
By motion of Mr. Hardcastle, seconded by Mr. Bewick, the Special Council Meeting Minutes of April 7, 1982 were unanimously approved and bore the written approval of Mayor McDonough.
TAX APPEALS COMMITTEE REPORT
Councilman Witt, serving with Councilmen Boaman and Richter, submitted the following report of the Tax Appeals Committee:
Capital Investments, Ltd. - 2.404 Acres - Warehouse - Pear Street & Land With Parking Lot - Clara Street - 1.527 Acres
The committee recommended denial of an appeal for reduction in assessment.
Franklin N. & L.P. Loper - Apartment House - 111 South New Street
The committee recommended denial of an appeal for a reduction in assessment.
Modern Maturity Center, Inc. - 18 Greenhill Avenue
The committee recommended denial of an appeal for tax exemption.
PUBLIC HEARING - CAPITAL INVESTMENTS, LTD. - WAREHOUSE - PEAR STREET/LAND WITH PARKING LOT - CLARA STREET
Mayor McDonough opened the public hearing to hear appeals from Capital Investments, LTD., 231A Thomas Drive, Wilmington, DE, for land located on Pear Street, consisting of 2.404 acres with a warehouse and land with parking lot, located on Clara Street.
There was no one present to speak for or against the denial of the Tax Appeals Committee for a lower assessment.
Mayor McDonough declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Boaman, the appeal of the Capital Investments, Ltd. for the aforementioned property was unanimously denied.
PUBLIC HEARING - FRANKLIN N. AND L.P. LOPER - 111 SOUTH NEW STREET - TAX APPEAL
Mayor McDonough declared the public hearing open to consider an appeal by Franklin N. and L.P. Loper for a lower tax assessment on property owned at 111 South New Street.
There was no one present to speak for or against the appeal.
By motion of Mr. Witt, seconded by Mr. Boaman, the appeal of Franklin N. and L.P. Loper for a lower assessment at 111 South New Street was unanimously denied.
PUBLIC HEARING - MODERN MATURITY CENTER, INC. - 18 GREENHILL AVENUE
Mayor McDonough declared the public hearing open to hear an appeal form the Modern Maturity Center, Inc., 18 Greenhill Avenue, for tax exemption.
There was no one present to speak for or against the appeal.
Mayor McDonough declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Richter, the appeal by the Modern Maturity Center Inc., at 18 Greenhill Avenue, for tax exemption was unanimously denied.
PENSION PLANS - VACATION - SICK LEAVE - POLICY CHANGE AT RETIREMENT
Mr. Boaman yielded the floor to Cpl. Tim Mullaney who explained that the Pension Committee submitted a proposal that would initiate a new method of calculating vacation days during terminal leave. According to current police department records, each employee has an average of 60 days sick leave accrued per man. The new proposal would act as an incentive for employees to accrue maximum sick leave.
Cpl. Mullaney stated that the proposal involves a member of the force who goes off on terminal leave and under said proposal would accrue vacation and sick days under one of the following listed criteria;
1. If a member has been allowed the maximum amount of sick days (130) in deciding his terminal leave date, then he will be given the benefit of accruing total number of vacation days for the period of his terminal leave. These days will be added to his terminal leave.
2. If a member has not accrued the maximum amount of sick days (130) at the time of his retirement, then he will be entitled to one-half the total number of vacation days for the period of his terminal leave. These days will be added to his terminal leave.
Mr. Boaman moved for referral to the Legislative and Finance Committee to obtain cost figures on the proposals, seconded by Mr. Richter and unanimously carried.
PUBLIC HEARING - AMENDMENT TO ZONING CODE - PARKING SPACES IN SHOPPING CENTERS
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Code that would modify the number of specified parking spaces in shopping centers. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the amendment to the Zoning Code and no correspondence.
Mayor McDonough declared the hearing closed.
Questioned by Mr. Witt on the necessity of the amendment, Mr. Roe stated that the present City of Dover Zoning Code calls for 5.5 parking spaces per 1,000 square feet of gross leasable area. A survey was conducted of other municipalities lacking mass transit facilities, plus others with a public transit system. It was found that 5.0 parking spaces is used as a standard. As further information for Council, Mr. Roe added that when the Blue Hen Mall was built, the City of Dover did not have a regional shopping center zoning category; therefore, the Mall facility was constructed under a C-4 zoning category. The Blue Hen Mall does have 5.0 spaces per 1,000 feet of leasable area. It is his intention to request, through the Planning Commission, that the Blue Hen Mall also be rezoned as a regional shopping center. He added that the Kent County Comprehensive Plan calls for two regional shopping centers and if the Blue Hen Mall is approved, the City of Dover will have two conforming regional shopping centers. Mr. Roe informed Council that the Mall is agreeable to a regional shopping center zoning.
Alluding to the fact that the Comprehensive Plan calls for only two regional shopping centers in Kent County, Mr. Tudor wondered if the rezoning of the Blue Hen Mall would not eliminate future construction of additional mall facilities.
Mr. Roe stated that he did not feel this could happen since regional shopping centers are usually based on sound economic studies. He reminded Council that the present C-4 zoning of the Blue Hen Mall does allow subdivision with 150' x 150' lots with a 30' setback from the highway. A regional zoning would eliminate this possibility.
Mr. Bewick moved for adoption of the ordinance, seconded by Mr. Boaman, 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:
1. The Zoning Ordinance of the City of Dover is amended pursuant to the provisions of 22 Del. C. Sec. 304 as follows:
ARTICLE 3, Section 17.5 is amended to read as follows:
“17.5 Parking Spaces.
All shopping centers shall have no less than 5.0 parking spaces for every 1,000 square feet of gross leasable area. The parking area shall include 400 square feet for each parking space, to allow for lanes, access drives, and landscaping.”
Adopted: April 12, 1982
SET PUBLIC HEARING - HUD GRANT APPLICATION - PHASE II
By motion of Mr. Witt, seconded by Mr. Carey, a public hearing to consider a HUD Grant Application - Phase II was set for April 26, 1982 at 7:45 p.m.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on March 23, 1982 with Chairman Hardcastle presiding.
Mutual Recreational Activities - YMCA and City of Dover
During the February 22, 1982 Council Meeting, Mr. Boaman suggested that the City of Dover Parks and Recreation Department and the YMCA meet and consider joint recreational programs in an effort to cut costs.
The committee discussed the suggestion and recommended that the City set up a meeting with the Board of Directors and the new director of the YMCA, suggesting that the YMCA appoint an adhoc committee to meet with the City and representatives of Kent County, if possible.
Mr. Hardcastle moved to approve the recommendation of the committee, stipulating that the matter be referred to the Parks, Playgrounds and Trees Committee, seconded by Mr. Witt and unanimously carried.
Mr. Boaman suggested that Recreation Director Knox contact the adhoc committee of the YMCA to further discuss the matter and submit a preliminary report to the Parks, Playgrounds and Trees Committee.
Mr. Hardcastle moved for acceptance of the Parks, Playgrounds and Trees Committee report as submitted, seconded by Mr. Carey and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 23, 1982 with Chairman Hardcastle presiding.
Greenhill Avenue Parking - Edgehill
Mr. Michael von Reider of 731 East Division Street was present to explain a traffic condition on Greenhill Avenue, stemming from the many patrons of the Modern Maturity Center, the inadequate width of Greenhill Avenue, and a “No Parking” restriction on the east side of the street.
The committee instructed staff to study traffic conditions with a recommendation to be submitted to the committee consisting of several alternatives.
Two Hour Parking - West Division Street
A complaint was received from Mrs. Florence Viehman and Miss Emily Marker of the 300 block of West Division Street, objecting to the two hour parking restriction in front of their houses where no alley exists or secondary parking.
Noting the blanket ordinance stipulating restrictive parking where signed, the committee considered this an administrative matter and recommended that two hour parking be omitted on Division Street between New and Queen Streets except where a two hour restriction might interfere with existing businesses.
Mr. Hardcastle moved for approval of the committee’s actions, seconded by Mr. Carey and unanimously carried.
Traffic Flow - Northbound Approach - Intersection of Queen and Loockerman Streets
The committee considered a letter from Mr. Kurt Katz, Division of Highways, District II Traffic Engineer, recommending that the northbound approach on Queen Street at the intersection of Loockerman Street be marked with two lanes; one for a left turn on Loockerman Street and the other straight through or a right turn.
The committee recommended that turning lanes be properly marked at the intersection as aforementioned.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Parking - Persimmon Tree Lane - In Front of Persimmon Tree Apartments
A letter was received from Mr. Kurt Katz, Division of Highways, advising the committee of a citizen complaint concerning trucks parking on Persimmon Tree Lane in front of the Persimmon Tree Lane Apartments. The contents of the letter pointed out potential hazard due to dark conditions, a curvy roadway alignment and lack of striping.
The committee recommended that the edge of the roadway be lined in this particular area to eliminate the possibility of moving vehicles striking cars parked in the area of the apartment complex.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Washington Street - Request for Sidewalks, Speed Signs and Speed Breakers
The committee discussed a letter from Ms. Verdall Pugh of 43 Washington Street, stating her concern for the safety of children during the summer month due to increased traffic generated by the lake recreation area.
The committee recommended 25 mph speed limit signs be erected, coupled with radar enforced notification. In addition, Chief Klenoski stated that his department would step up radar coverage of the street during the summer months.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 30, 1982 with Chairman Witt presiding.
Bradford Street Lot - Permit Parking
The committee discussed complaints from employees in the downtown area that permit parking on the Bradford Street lot is sold out in some instances before they have an opportunity to renew their monthly permit.
During discussion, Mr. Witt pointed out that Mr. Harrington rents out private parking spaces for $10 per month and it was his feeling that the City charge of $5.00 per month is in direct competition with private enterprise.
The committee recommended that Council initiate a fee of $7.50 per month for permit parking on Bradford Street, increasing the present available permit parking spaces by 12. In addition, those customers who have existing permit parking stickers should have the privilege to renew the permit by priority five days prior to the end of the month.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey.
Mr. Boaman objected to increasing the fee on the Bradford Street lot without consideration of the municipal parking lot, east of City Hall.
Mr. Boaman moved to amend the main motion, stipulating that all permit parking on the municipal lot, east of City Hall, and the Bradford Street be increased to $7.50 per month. The motion was seconded by Mr. Bewick and defeated by a vote of six (6) no, two (2) yes (Mr. Bewick and Mr. Boaman).
Mr. Hardcastle called for the question on the main motion, which was carried by a vote of seven (7) yes, one (1) no (Mr. Boaman). It was noted that the $7.50 per permit parking space, will become effective July 1, 1982.
Proposed Legislation - School Crossing Guards
The committee discussed a proposed amendment to Chapter 71 Del. Code relating to school crossing guards that would incorporate provisions for the various school districts to increase the tax rate for the purpose of subsidizing a municipality or county for school crossing guards.
It was the feeling of the committee that the term “municipality” should be omitted entirely from the proposed amendment, relieving the City of Dover from any responsibility in the crossing guard program.
The committee recommended that the City Manager contract the school district requesting that the term “municipality” be omitted from the proposed legislation.
Mr. Witt moved for the recommendation of the committee, stipulating that copies of the letter to the school district (said contents requesting that the term “municipality” be omitted) be sent to all local legislators. The motion was seconded by Mr. Carey and unanimously carried.
Second Phase - HUD Grant
Mr. Bynum, HUD administrator, advised the committee that the Second Phase HUD grant will be a grant of $300,000. It was noted that Council’s original approval was for $400,000 and the adjusted funding should be approved by Council.
Mr. Witt moved for approval of the adjusted $300,000 maximum Second Phase HUD grant. The motion was seconded by Mr. Carey and unanimously carried.
Ambulance Billing - Adjustment of Wording
The committee recommended that the wording incorporated on ambulance bills be changed to reflect that charges are figured on an individual per trip basis.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Mr. Witt moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 5, 1982 with Chairman Bewick presiding.
SPCA of Kent County - Request for City Water - Annexation
Mr. Kenneth Hogan, a representative of the SPCA, advised the committee that the Board of Directors of his organization have voted favorably for annexation of the facility’s property. The annexation request stemmed from failure of on-site wells resulting in inadequate water for the facility. Mr. Hogan stated that the SPCA is now hauling water on a daily basis due to failure to the on-site wells.
The committee recommended annexation of the SPCA property, located on Horsepond Road, stipulating that City water be made available as soon as possible due to the urgency of the matter. It was also recommended that the SPCA be billed for usage for a non-City facility rate until approval of the annexation referendum. Billing for the tap will be processed after approval of the referendum at a cost of $850.
Mr. Bewick noted that a letter to Mayor and Council has been received from the SPCA, requesting annexation of the facility. In addition, a staff report indicated no additional cost for electric service to the facility. Fire protection would be transferred from the Little Creek District to the Robbins Hose Company and additional cost for trash pick up would only relate to the facilities volume. It was also noted that this would be a tax exempt property.
Mr. Bewick moved for the recommendation of the committee, stipulating that an annexation referendum be held on May 14, 1982. The motion was seconded by Mr. Carey 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, a recent Amendment to the Charter of the City of Dover authorized 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 northeast of the present City limits, and hereinafter more particularly described within the limits of the City of Dover:
ALL that certain parcel of land in East Dover Hundred, Kent County, Delaware, lying north of Horsepond Road, and about 1150' northwest of Janes Road, said Janes Road being with Dover Brook Gardens subdivision, and bounded as follows:
Beginning at a point in the north line of Horsepond Road, it being the present boundary of The City of Dover, said point being also in the centerline of an old county road; thence, westerly with the north line of Horsepond Road by the arc of a circle curving to the right, having a radius of 2839.9', a distance of 198' to a point, corner for this and lands now of Edward J. Troise, Sr.; thence, with line of Troise, N 0° 51' E, 551' to a point in centerline of old county road, corner for this, lands of Troise, and lands now of The State of Delaware; thence with centerline of old county road and lands of State of Delaware; thence, with centerline of old county road and lands of State of Delaware, the following courses and distances: (1) S 58° 00' E, 46'; (2) S 52° 10' E, 144'; (3) S 0° 51' W, 486.1'; (4) S 6° 40' W, 92.5' to the point and place of beginning.
Containing about 2.1 acres of land (0.003 square miles).
2. That an election be held on the 14th day of May, A.D. 1982, commencing at the hour of 1:00 p.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: April 12, 1982
Solid Waste Collection - Once Per Week
The committee reviewed a schedule of proposals and cost factors on once a week trash collection as submitted by the Public Works Department. Included in the discussion was utilization of drivers, equipment scheduling, and adjusted salaries.
The committee recommended adoption of a one time per week trash collection with necessary modifications to the proposal as submitted by the committee after a public hearing on the matter is held.
Mr. Bewick moved for the recommendation of the committee, stipulating that the hearing be held on May 24, 1982. The motion was seconded by Mr. Boaman.
Mr. Boaman moved to amend the motion, requesting that the once a week trash collection be referred back to the City Manager for a cost analysis on the elimination of trash pick up of tax exempt and commercial facilities. He also asked for the City Manager’s recommendation as a guide for proper consideration by Council. The motion was seconded by Mr. Hardcastle.
The amendment to Mr. Bewick’s motion was unanimously approved.
Mr. Bewick’s main motion to initiate one time per week trash collection and a public hearing to be held on May 24, 1982 at 7:45 p.m. was unanimously approved.
Set Public Hearing - Puncheon Run Sewer Interceptor
The committee next considered the matter of the installation of the Puncheon Run Sewer Interceptor, feeling that the public hearing should be held because of the time lag of five years since the original public hearing was held, in consideration of property owners who will furnish the proper easements.
The committee recommended that notification be given to the public, specifically, those properties along the proposed route of the interceptor and a hearing be held with the Utility Committee to explain the exact location of the sewer before presentation to Council.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Frazier Lane - Electric Substation Bid and Proposal of Transmission Line
Mr. Schucker informed the committee of a bid opening for a substation to be located on the Frazier land. The substation, coupled with construction of the new Dover Mall will necessitate a transmission line to furnish current to the Mall and areas north which will be constructed partially on Railroad right -of-way. It will be necessary to initiate the compilation of a detailed set of drawings for the transmission line. He recommended that Downes Associates, Inc., be engaged to perform the necessary work for details drawings for a price of $24,900.
The committee recommended acceptance of the bid submitted by Downes Associates, Inc., in the amount of $24,900, stipulating that their final bill not exceed the aforementioned amount and all specifications submitted by the City of Dover are satisfied.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey, and by a unanimous roll call vote, the motion was approved.
Seven companies submitted bids for the substation; Wesco Rumsey being low bidder in the amount of $82,500.
The committee recommended that the bid be awarded to the aforementioned company in the amount of $82,500 and that all equipment be furnished as specified by the City of Dover.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle, and by a unanimous roll call vote, the bid was awarded to Wesco Rumsey.
Mr. Bewick moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Wesley Methodist Church - Street Barricade in Front of Educational Center - Yard Sale
A letter was received from Wesley United Methodist Church advising the City of their desire to have a yard sale on Saturday, May 22, 1982 from 8:30 a.m. to 1:00 p.m. The sale would be held on the street in front of the Wesley Educational Center, known as the old Post Office, which would necessitate barricading and blocking of traffic flow.
Council was informed that the Fire Marshal and Police Chief have been contacted and indicate no problem with barricading since this is not a street that needs to be used for access in the event of fire or other emergency.
Mr. Hardcastle moved for approval of the request, stipulating that it be handled administratively with the cooperation of the Chief of Police and Fire Marshal. The motion was seconded by Mr. Carey and unanimously carried.
Abandonment of Jefferson Terrace - Cornelius E. Melvin
A request was received from Mr. Cornelius E. Melvin of 1008 Monroe Terrace, that the unimproved, dedicated extension of Jefferson Terrace be vacated and deeded to him since he owns property on each side and has been mowing the grass and planting a garden there for 25 years. The unimproved portion of Jefferson Terrace involves 60' plus in width by 256.7' plus in length, at its furthest point.
A staff report pointed out that this portion of Jefferson Terrace is the only access to approximately four acres of vacant land which is owned by C.F. Schwartz, noting that there are two parcels on the southwest corner of Jefferson Terrace and Monroe Terrace which also abuts the street perimeters. If the Schwartz property is developed, it could be served water and sewer through this particular area.
City staff recommended denial of the request because if Jefferson Terrace was abandoned it would landlock the Schwartz properties, pointing out that the street may be needed for future water and sewer lines. The recommendation also stipulated that Mr. Melvin be allowed to continue use of that unimproved portion of Jefferson Terrace until such time as it is needed by the City.
Mr. Witt moved for the recommendation of the City Manager’s Office, seconded by Mr. Richter and unanimously carried.
Immunization for Municipalities Related to Anti-Trust Activities Within the City
Mayor McDonough referred to a letter from the National League of Cities relating to anti-trust legislation that would immunize cities from anti-trust suits for activities within the City. Anti-trust laws are under the jurisdiction of the House and Senate Judiciary Committees.
The letter pointed out the recent Supreme Court Case decision involving Community Communications Company vs. The City of Boulder, Colorado, held that the federal anti-trust laws apply to municipal actions unless these actions are taken in furtherance of clearly articulated and affirmatively expressed state policy.
Mayor McDonough recommended that the City Solicitor’s office draw up legislation permitting cities to engage in anti-trust activities.
Mr. Witt stated that he has received notification that the National League of Cities is holding a conference in Washington, D.C. from April 30th - May 2nd on the aforementioned issue.
Mr. Carey moved for the recommendation of Mayor McDonough, seconded by Mr. Tudor and unanimously carried.
SPCA Yard Sale
Mr. Boaman stated that the SPCA plans to hold a yard sale on May 15th and requested utilization of a portion of the City Hall Municipal Parking Lot.
Mr. Boaman moved for approval of the function, to be held on municipal lot east of City Hall, seconded by Mr. Bewick and unanimously carried.
Mr. Hardcastle moved for adjournment into executive session to discuss personnel matters, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 12, 1982, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
April 19, 1982
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