REGULAR MEETING
February 22, 1982
The Regular Meeting of Council was held on February 22, 1982 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Tudor, Boaman, Carey, Witt, Carroll and Richter. Councilman Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an additional agenda item to initiate a feasibility study on cooperation with the YMCA regarding mutual programs. He moved that this item be referred to the Parks, Playgrounds and Trees Committee, seconded by Mr. Carey and unanimously carried.
Mr. Boaman requested that items #3 (Resolutions) and #4 (Appointments) on the Agenda be reversed.
The Deputy Solicitor requested an executive session to discuss litigation.
The Assistant City Clerk requested additional agenda items for consideration of adoption of a Dog License Ordinance; a Bicycle and Parking Ordinance; and an ordinance regulating the parking of trucks on City streets, all of which were inadvertently left out of the printing of the new Code Book.
The Assistant City Clerk requested an additional agenda item for correspondence from the Dover Council of Civic Associations regarding the approval of an expenditure of monies for informational pamphlets and approval of a special registration day.
Mr. Roe requested that item #11 (Disposition of Kent Apartments - New Street) be deleted from the agenda. He informed Council that this item will be placed on the March 8th Council Agenda, as the necessary agreements were not final at the time of this meeting.
APPOINTMENTS
Library Commission
The Assistant City Clerk read into the record a letter from Mayor McDonough to Council, submitting the name of Mrs. Mary Byrne of 49 Laurel Drive to the Dover Library Commission, filling the unexpired term of Anne Cleek Conley. The term was to have expired on June 16, 1985.
Mr. Boaman moved for approval of the appointment, seconded by Mr. Witt and unanimously carried.
City Manager
Mr. Witt moved that Mr. Robert Bartolotta, from Ames, Iowa, be appointed as City Manager of the City of Dover, effective March 29, 1982. The motion was seconded by Mr. Richter and unanimously carried.
Planning Commission
The Assistant City Clerk read into the record a letter from Mayor McDonough to Council submitting the names of Albert Holmes and Carleton Walls for re-appointment to the City of Dover Planning Commission. Their present terms will expire February 28, 1982.
In his letter, Mayor McDonough also submitted the name of former City Assessor William Hayes to fill the seat presently filled by Mr. Robert Berglund, whose term will expire on February 28, 1982. Mayor McDonough expressed his gratitude to Mr. Berglund for his excellent contribution to the City of Dover Planning Commission and stated his regret at not being able to submit his name for re-appointment since Mr. Berglund no longer lives within the corporate limits of the City of Dover.
Mr. Bewick moved for approval of the re-appointment of Mr. Albert Holmes to the City of Dover Planning Commission, seconded by Mr. Boaman and unanimously carried.
Mr. Boaman moved for approval of the re-appointment of Mr. Carleton Walls to the City of Dover Planning Commission, seconded by Mr. Bewick and unanimously carried.
There being no motion made on the recommendation of Mayor McDonough to appoint Mr. William Hayes to fill the seat of Robert Berglund, no appointment was made.
RESOLUTIONS
Anne Conley - Library Commission
By motion of Mr. Witt, seconded by Mr. Bewick, the following resolution was unanimously adopted by a roll call vote (Mr. Hardcastle absent).
WHEREAS, Mrs. Anne Conley, formerly Anne Cleek, has served as a member of the Dover Library Commission from June 1980 to the present time; and
WHEREAS, Anne Conley has devoted her time and attention to the important functions of the Dover Library Commission to the benefit of the residents of the City of Dover and has served well in her capacity as a member of the Dover Library Commission; and
WHEREAS, during her term the Library Commission considered a building expansion project which demanded a substantial output of time and work on the part of Anne Conley and the entire Library Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their extreme appreciation to Anne Conley for the time and energy she has devoted to the work of the Library Commission.
2. The Mayor and Council wish Anne Conley success in the future.
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 to Anne Conley.
ADOPTED: FEBRUARY 22, 1982
Robert Berglund - Planning Commission
There was discussion on the necessity of a resolution for Mr. Berglund at this time since no appointment was made to fill his seat on the Planning Commission.
It was Mr. Boaman’s feeling that Mr. Berglund would remain a member of the Planning Commission until such time as a new appointment is made and confirmed by Council.
In response to a question by Councilman Carroll, Deputy Solicitor Hickey stated that if a term expires, then a vacancy would occur unless there is a provision for holdovers.
Council requested that the City Solicitor further investigate the legality of Mr. Berglund holding office until a new appointment is made and confirmed.
Mayor McDonough submitted the following resolution:
WHEREAS, Robert M. Berglund has served as a member of the Dover Planning Commission from July, 1975, when he was appointed to fill an unexpired term to the present time; and
WHEREAS, Robert M. Berglund devoted his time and attention to the important functions of the Planning Commission to the benefit of the residents of the City of Dover by taking an active part in the careful planning of the City; and
WHEREAS, during his tenure, the Planning Commission was faced with several difficult and far-reaching decisions to which Mr. Berglund applied himself completely.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their appreciation to Robert M. Berglund for devoting his time and attention to the duties of the Planning Commission.
2. The Mayor and Council wish Robert M. Berglund success in the future.
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 to Robert M. Berglund.
Mr. Boaman moved that action on the resolution be tabled, seconded by Mr. Carroll and carried by a roll call vote of six (6) yes, one (1) no (Mr. Witt) and one (1) absent (Mr. Hardcastle).
Councilman Carroll referred to a letter written to Mayor and Council from Mr. Robert M. Berglund and requested that the letter be read into the record.
Councilman Carroll moved that Mr. Berglund’s letter be read into the record and made a part of the minutes. The motion was seconded by Mr. Boaman and carried.
The following letter was read by the Assistant City Clerk.
“Mayor and Council
City Hall
Dover, Delaware
Gentlemen:
I have served on the City of Dover Planning Commission since July 1975, having attended every meeting.
Approximately two years ago I purchased a house outside city limits at which time the City Solicitor ruled that I could continue to serve under law according to the City Charter.
There have recently been inquires as to my interest in the City of Dover. This has been my “home” my entire life. I have substantial business, property, and personal interests in the City, and my first allegiance is to the people and the City of Dover.
I believe I have contributed to the City as a member of the Planning Commission, and I believe that the experience gained in the past six and half years will enable me to better serve in the future.
I wish to continue to serve as a member of the City of Dover Planning Commission.
Very truly yours,
Robert M. Berglund”
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 8, 1982
The Minutes of the Regular Council Meeting of February 8, 1982 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
By motion of Mr. Bewick, seconded by Mr. Carey, Council unanimously approved the following monthly reports:
Chief of Police Report for the month of January
Building Inspector & Fire Marshal Report for the month of January
City Alderman Report for the month of January
City Manager’s Report for the month of January
J.P. Court #7 Report for the month of January
General Operating Fund, Cash Receipts Report for the month of January
General Operating Fund, Budget Report for the month of December
Water/Sewer Fund, Cash Receipts Report for the month of January
Water/Sewer Fund, Budget Report for the month of January
Inter-governmental Service Fund, Revenue & Budget Report for the month of December
Electric Revenue Fund, Cash Receipts Report for the month of January
Electric Revenue Fund, Budget Report for the month of December
Electric Improvement and Extension Budget, Cash Receipts & Disbursements - December
Municipal Street Aid Fund, Cash Receipts/Disbursements - October, November & December
Capital Fund, Cash Receipts/Disbursements Report - October, November & December
BID OPENING RESULTS - MCKEE RUN GUARDHOUSE
Mr. Hodge informed Council that sealed bids were received on February 18, 1982 at 3:00 p.m.. Thirteen bids were submitted with a base bid and an alternate bid as requested per the specifications. Bids ranged from $9,900 for the base bid to a high of $21,400. The Engineer’s estimate was $14,750.
Based on the bids received, it was the recommendation of the City Manager’s Office that the bid be awarded to Liberto & Son Construction Company for their base bid of $9,900 and an alternate bid of $1,950.
Mr. Hodge stated that monies are available for this project in the Electric Improvement Fund.
By motion of Mr. Richter, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Hardcastle absent) approved the bid for the McKee Run guardhouse by Liberto and Son Construction Company with a base bid of $9,900 and an alternate bid of $1m950.
LAKEVIEW DRIVE STREET IMPROVEMENTS
The public hearing, scheduled for February 22, 1982, to assess properties on Lakeview Drive for street improvements, was improperly advertised, making it necessary to adopt an ordinance setting a new public hearing date.
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF MUNICIPAL IMPROVEMENTS OF THE PUBLIC RIGHTS OF WAY OF LAKEVIEW DRIVE.
WHEREAS, the Council is authorized to install municipal improvements in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed roadway, paving and storm drainage within the public rights of way of Lakeview Drive, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and is hereby, levied against all property owners whose property adjoins the installation of said improvements at a cost per front foot, as follows:
a. Individual property owners, westerly side of Lakeview Drive - $12.04 per front linear foot
b. Luther Towers - sole owners on the easterly side of Lakeview Drive - $8,188.96
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of nine percent per annum on the unpaid balance of each assessment. The assessments plus accrued interest at the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessments and levies shall be held on March 8, 1982 at 7:45 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a newspaper of local circulation once a week for each of the two weeks preceding the date of the hearing.
ADOPTED: FEBRUARY 22, 1982
ORDINANCES - CITY CLERK’S OFFICE - VOTER REGISTRATION
The Assistant City Clerk presented an ordinance providing for voter registration by mail and an ordinance which provides for renewal of voter registration by mail after notification of purge. Mrs. Bittner explained that the ordinances were a part of the old Code Book but were inadvertently left out of the printing of the new Code Book. It was the recommendation fo the City Clerk’s Office that these ordinances be adopted.
Voter Registration by Mail
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Code of Ordinance, City of Dover, is hereby amended by enacting the following new sections:
SECTION 2-34. REGISTRATION BY MAIL.
1. Every qualified individual who is not already registered may, in addition to other methods of registration, apply to the City Clerk by mail, telephone, or in person for forms to register by mail.
2. A request for a registration by mail form may be made by someone other than the person named as requesting registration. The person making the request shall sign the request card and give the name and address of the applicant.
3. If the request for registration by mail is received by telephone, the registration officer shall fill out the request card and proceed in accordance with subsection (4).
4. Within three (3) days after the request is received the registration officer shall mail the required forms and a set of instructions to the applicant. The completed application shall be returned to the City Clerk no later than the last day in March of an election year and no returned registration by mail forms shall be accepted if postmarked later than that date.
SECTION 2-34.1. DUTIES OF REGISTRATION OFFICER FOLLOWING RECEIPT OF MAIL REGISTRATION FORMS
1. Upon receipt, all registration by mail forms shall be date-stamped by the officer.
2. If the application is deemed to be properly executed, the officer shall proceed to verify the validity of the applicant.
SECTION 2.34.2 NOTIFICATION OF REGISTRATION.
1. After receipt of the registration form and verification of the validity of the applicant, each applicant determined to be qualified to vote shall be mailed a voter notification form by nonforwardable mail. If the notification form is returned as undelivered, a second mailing shall be attempted.
2. Registration shall not be considered valid until the voter notification form is deemed to have been received by the applicant by mail. If the notification form is not returned within five days of the day of mailing by the registration officer, it shall be deemed to have been received by the applicant.
3. The registration records of persons registering by mail, after completion, shall become part of the present permanent registration system.
SECTION 2-34.3 REJECTION OF MAIL REGISTRATION. Each application for registration by mail whose application is rejected shall be promptly notified in writing of such rejection and of the specific reason or reasons for such rejection.
SECTION 2-34.4 RATIFICATION OF PREVIOUS REGISTRATIONS BY MAIL.
The registration of any individual as a voter on the basis of a registration by mail between December 17, 1981, and the date of the adoption of this amendment is hereby ratified and the same is declared as valid as if it had been done in accordance with this amendment.
ADOPTED: FEBRUARY 22, 1982
Registration By Mail After Notification of Purge
By motion of Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Code of Ordinance, City of Dover, is hereby amended by striking in its entirety Sec. 2-33 and by inserting a new Section to read as follows:
SEC. 2-33. STRIKING NAMES OF VOTERS.
If any voter shall fail to meet any of the requirements of Sections 2-27, 2-28, and 2-30, he shall be stricken from the Registration Book in the following manner:
(1) During the period of 10 months following each municipal election, the City clerk shall send a notice, by regular mail, to each person who is registered to vote at municipal elections but who did not vote at the last three preceding municipal elections. Such written notice shall advise the voter of the state of the record and the fact that he is liable to have his name removed from the registration records if he does not advise the City Clerk, within 60 days of the notice being mailed, that he is still eligible to be registered as a voter at the address appearing on the registration record and to be registered as a voter at the address appearing on the registration record and to which the notice was mailed. Such replies by the voter shall be sent to the City Clerk on a form prepared by the City Clerk and sent to the voter with such notice. If, however, no such reply, signed by the voter, is received by the City Clerk, within 60 days after such notice is mailed by the City Clerk, then the City Clerk shall certify the name of the voter as hereinafter provided.
(2) The City Clerk shall certify to the Mayor and Council a list of those individuals who have failed to vote in the past three municipal elections and who have been sent a notice as provided in subsection (1) hereof and who have failed to submit a reply to the City Clerk as provided in said subsection (1) hereof; those persons who have not maintained their place of residence within the State; and those persons who for any other reasons have failed to qualify as a voter of the City.
(3) The list referred to in subsection (2) hereof shall be presented by the City Clerk to the Mayor and Council at two consecutive regular meetings of the Council and the Council shall be vested with the responsibility of determining, by the most effective means available, those individuals who shall be stricken from the registration book and Council shall be vested with the power to strike those individuals from the registration book in accordance with this Chapter.
SEC. 2-33.1. RATIFICATION OF PREVIOUS REGISTRATION RENEWALS BY MAIL.
The registration of any individual as a voter on the basis of registration renewal by mail between December 17, 1981 and the date of the adoption of this amendment is hereby ratified and the same is declared as valid as if it had been done in accordance with this amendment.
ADOPTED: FEBRUARY 22, 1982
ORDINANCES - POLICE DEPARTMENT
Chief Klenoski presented the following three ordinances, requesting adoption of same since they were a part of the old Code Book and were inadvertently left out of the printing of the new Code Book:
Ordinance - Dog Licenses
By motion of Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 4 of the Code of Ordinances, City of Dover, is hereby amended by adding the following section:
SECTION 4-4.1 LICENSE REQUIRED.
(a) The owner or lawful possessor of any dog shall obtain a license for his dog pursuant to 7 Del.C. Sec. 1701 and any owner or possessor who shall fail to comply with the provisions of the laws of Delaware shall be punishable as provided in Section 1-10 of the Dover Code.
(b) The provisions of this Section shall be applicable to any dog not licensed pursuant to Subsection (a).
(c) The provisions of this Section may be enforced by any policeman or by any person designated to act as a dog-catcher.
ADOPTED: FEBRUARY 22, 1982
Ordinance - Bicycles and Parking
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 13 of the Code of Ordinances, City of Dover, is hereby amended by adding the following sections:
SECTION 13-13.2. LICENSE REQUIRED
It shall be unlawful for any person to operate a bicycle upon any of the streets of the City unless a valid bicycle license plate is attached to the bicycle in a plainly visible position.
SECTION 13-13.3 ISSUANCE OF LICENSE: EFFECTIVE DATES - EXTENT OF AUTHORIZATION.
The Police Force shall issue bicycle licenses upon written application therefor on the forms as provided by it, and upon payment of the proper fee as provided in Section 13-13.5.
The licenses shall be valid and effective from the date of issuance or renewal, to the 31st day of May. Each license shall entitle the licensee to operate the bicycle for which the license has been issued upon all the streets, subject to the provision of Section 13-13.8.
SECTION 13-13.4. LICENSE PLATE ISSUED WITH LICENSE; POLICE FORCE TO KEEP RECORDS.
The Police Force shall provide license cards and license plates suitable for attachment to bicycles. The license cards and plates shall be numbered in numerical order beginning with the number 1, and one of each shall be issued with each license. The Police Force shall keep a record of the date and number of each license issued, the name of the licensee and the frame number of the bicycle for which the license is issued.
SECTION 13-13.5. LICENSE FEES: TRANSFER FEES.
The fee for the issuance of a bicycle license shall be Twenty-Five (25¢) Cents and for each renewal thereof Ten (10¢) Cents. Licenses may be transferred, and the fee for the registration of a transfer shall be Twenty-Five (25¢) Cents.
SECTION 13-13.6. TITLE TRANSFER REPORT AND LICENSE REGISTRATION TRANSFER WITHIN FIVE DAYS.
(a) It shall be the duty of every person who sells or transfers ownership of any bicycle to report the sale or transfer by returning to the Police Force the registration card issued to that person as licensee, together with the name and address of the person to whom the bicycle was sold or transferred. The report shall be made within five (5) days of the date of the sale or transfer.
(b) It shall be the duty of the purchaser or transferee of the bicycle to apply for a transfer of registration within five (5) days of the sale or transfer.
SECTION 13-13.7. TAMPERING WITH BICYCLES, LICENSE PLATES AND REGISTRATION CARDS PROHIBITED.
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle licensed pursuant to this Article. It shall also be unlawful for any person to remove, destroy, mutilate or alter any license plate or registration card during the time in which the license plate or registration card is operative; provided however, that nothing in this Section shall prohibit the Police Force from stamping numbers on the frames of bicycles on which no serial number can be found, or on which the number is illegible or insufficient for identification purposes.
SECTION 13-13.8. RIDING AND TRAFFIC REGULATIONS.
It shall be unlawful for any person to commit any of the following acts:
(a) To ride a bicycle not properly equipped with brakes and a signaling device, such as a bell or horn, except that no bicycle shall be equipped with a siren or whistle.
(b) To ride a bicycle on a City street from one-half (½) hour after sunset to one-half (½) hour before sunrise unless equipped with a white light in front which shall clearly illuminate an object fifty (50) feet away and a red light or red reflector on the rear which may be clearly discernible from a distance of fifty (50) feet.
(c) To ride a bicycle which is carrying any passengers.
(d) To be a passenger on a bicycle unless actually riding the bicycle and in control of it.
(e) To return a bicycle from a straight line of travel, or stop without giving a hand signal as follows: Left hand and arm lowered to stop; left hand and arm held straight for left turn; and right hand and arm held out straight for right turn.
(f) To use the bicycle of another person without permission of the owner.
(g) To overtake and pass any other vehicle on the right side of that vehicle, unless proceeding safely on a one-way street. All overtaking and passing shall be on the left, except on a one-way street.
(h) To fail to report to the Police Force any accident which results in personal injury or damage to property.
(I) To ride a bicycle while under the influence of intoxicating beverages or narcotic drugs.
(j) To ride a bicycle at a rate of speed greater than six (6) miles per hour.
(k) To ride a bicycle in violation of any of the driving provisions of the this Chapter or any applicable State vehicle law.
SECTION 13-13.9. IMPOUNDING UNLICENSED BICYCLES
The Police Force may impound any bicycle operated in violation of Section 13-13.2. and retain possession thereof until a license is obtained by the owner of the bicycle. Should the Police Force retain possession for more than sixty (60) days, it may dispose of the bicycle.
SECTION 13-30.1. VEHICLE PARKING LIMITED WHEN LOADING OR DISCHARGING FREIGHT.
It shall be unlawful for any person to park any vehicle on the City streets for the purpose of loading or discharging freight for longer than twenty-five (25) consecutive minutes.
SECTION 13-38.1. PARKING NEAR FIRE HYDRANTS PROHIBITED.
It shall be unlawful for any person to park, place or keep any vehicle within ten (10) feet of any fire hydrant in or along the City streets.
ADOPTED: FEBRUARY 22, 1982
Ordinance - Parking of Trucks on City Streets
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Chapter 13 of the Code of Ordinances, City of Dover, is hereby amended by adding the following Section:
Sec. 13-30.2. TRUCK PARKING LIMITED WHERE TONNAGE EXCEEDS ONE TON.
It shall be unlawful for any person to park any truck with a gross tonnage of more than one (1) ton on the streets of the City for a period longer than two (2) consecutive hours.
ADOPTED: FEBRUARY 22, 1982
FIRST COUNCIL REVIEW - VOTER REGISTRATION PURGE
The Assistant City Clerk presented a list of names that have been removed from the voter registration records of the City Clerk’s Office. The original list contained a total of 384 names of which 123 have re-registered, leaving a total to date of 261 names to be purged from the City’s voter registration rolls.
Mrs. Bittner explained that the list is being presented for Council’s review. Final acceptance will take place at the next Council Meeting.
Mr. Witt moved for acceptance of the first review of the voter registration purge list, seconded by Mr. Carey and unanimously carried.
DATE FOR TAX APPEALS - APPOINTMENT OF COMMITTEE
Mayor McDonough submitted the names of Councilman Witt, Boaman, and Richter to serve as committee members on the Tax Appeals Committee.
Mr. Bewick moved for approval of the appointment of the committee and that the date to hear appeals be set for April 12, 1982 between the hours of 1:00 p.m. and 4:00 p.m. The motion was seconded by Mr. Carey and unanimously carried (Mr. Hardcastle absent).
RESIDENT PARKING STICKERS - THE GREEN
Councilman Boaman reported receiving a letter from a citizen living on The Green concerning the possibility of resident parking stickers for residents of The Green. He moved that this matter be referred to the Safety Advisory Committee. The motion was seconded by Mr. Witt and unanimously carried.
REZONING REQUEST - 625 SOUTH STATE STREET - SARAH SCULL
A rezoning request was received from Sarah Scull for property located at 625 South State Street, for the purpose of future expansion of Kent General Hospital. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Care, Council by unanimous roll call vote (Mr. Hardcastle absent) adopted the following resolution and referred the request to the Planning Commission.
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 625 South State Street are presently zoned for R-10 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on March 22, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-10 to I0 that property located at 625 South State Street, owned by Sarah Scull.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: FEBRUARY 22, 1982
CORRESPONDENCE
Kent County SPCA - Request for City Water
A letter was received from the Kent County SPCA requesting approval of a connection to the City of Dover water system, due to their present inadequate well system.
Mr. Bewick moved for referral to the Utility Committee, seconded by Mr. Boaman and unanimously carried.
Dover Council of Civic Associations - Request for Paper for Informational Pamphlets and Request for Special Voter Registration Day
A letter was received from Linda L. Barlow, Secretary to the Dover Council of Civic Associations, requesting that Council approve an expenditure of monies to purchase approximately 5,000 to 7,000 sheets of paper to enable the organization to make copies of an informational pamphlet on City of Dover voting and registration which was devised by the City Clerk’s Office. The organization would like to distribute this pamphlet throughout the City.
The letter also requested approval of a special voter registration day to be held on March 29, 1982 between the hours of 7:30 p.m. and 9:00 p.m. at the William Henry Middle School. This registration day will be held in conjunction with their Candidate’s Night which is scheduled for the same date.
Mr. Bewick moved for approval of an expenditure of up to $100 for the purpose of purchasing 5,000 to 7,000 sheets of paper to be used for informational pamphlets on City of Dover voting and registration. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Bewick moved for approval of a special registration day to be held on March 29, 1982 between the hours of 7:30 p.m. and 9:00 p.m. at the William Henry Middle School. The motion was seconded by Mr. Witt and unanimously carried.
RECESS
Council recessed into executive session to discuss potential litigation.
RESOLUTION - CONDEMNATION OF LANDS - NATIONAL CUP COMPANY
Mr. Bewick moved for adoption of a resolution for condemnation against National Cup Company for the installation of 21" gravity pipe line, in reference to Contract #1 - Interceptor Sewers and Force Main Renovations - EPA C100126 - Supplemental bid items 42-64, on a property under boundaries to be described by the City for the construction of said 21" gravity sewer pipe.
The motion was seconded by Mr. Richter and the following resolution was unanimously adopted by a roll call vote (Mr. Hardcastle absent):
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the City shall, for the purposes of installing sewer lines as described in City of Dover, Kent County, Delaware, Contract #1 - Interceptor Sewers and Force Main Renovations - EPA C100126 - Supplemental bid items 42-64, dated July 1979, which document is made a part hereof by reference, acquire a perpetual right-of-way and easement in the following described real estate:
All those two certain strips of land in the City of Dover, East Dover Hundred, Kent County, Delaware, lying east of and in part abutting, Saulsbury Road, upon lands of the Dover Area Industrial Development Corporation No. 1, constituting two contiguous utility easements for the purposes of installing and maintaining sanitary sewer lines and appurtenances, and being more particularly described as follows, to wit:
No. 1 - - 30' wide, decreasing to 20' wide
Beginning at a point in the centerline of McKee Stream in line separating lands of Dover Area Industrial Development Corporation No. 1 from lands of Leonard Leeds, t/a Courtland Manor Associates, and at a point being 30' east of, as measured at a right angle to, the easterly line of Saulsbury Road; thence running southerly by a width of 30', the westerly line of this strip binding with the said easterly line of Saulsbury Road, S 35° 27' E, about 400'; thence, S 29° 06' 35" E, 90.55' to a point being 20' east of, as measured at a right angle to, the easterly line of Saulsbury Road; thence, continuing southerly by a width of 20', the westerly line of this strip binding with the said easterly line of Saulsbury Road, S 35° 27' E, 235.43' to a point in line separating lands from Dover Area Industrial Development Corporation No. 1 from lands formerly of Thomas Morris, now of Emily G. Morris, containing 18,970 square feet more or less.
No. 2 - - 30' wide
Beginning at a point in the easterly line of Saulsbury Road at a corner for lands of Dover Area Industrial Development Corporation No. 1 and lands formerly of Thomas Morris; thence, leaving the line of Saulsbury Road, running easterly, binding with a line separating lands of Dover Area Industrial Development Corporation No. 1 from now of Emily G. Morris and lands of Northwest Dover Heights subdivision, and by a width of 20', N 73° 40' E, 873.5' to a point, corner for lands of Dover Area Industrial Development Corporation No. 1 and lands of Northwest Dover Heights subdivision and in the westerly right-of-way line of Consolidated Rail Corporation, containing 17,070 square feet more or less.
Together with the right-of-way to enter upon the above-described premises for the purposes of maintaining said sanitary sewer system, and for the purposes of maintaining said sanitary sewer system, and for patrolling, repairing, removing and replacing same.
Further, to acquire an additional temporary working easement, 10' wide to abut and run parallel to the above-described permanent easements, and upon lands of Dover Area Industrial Development Corporation No. 1, containing 15,400 square feet more or less, the purpose of the aforesaid temporary working easements being only to allow the City and its agents, contractors, subcontractors and/or employees to build the aforesaid sanitary sewer and appurtenances, which said temporary working easement will exist from the date of acquisition for a period no longer than one year beyond the date of completion of said construction.
ADOPTED: FEBRUARY 22, 1982
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 February 22, 1982, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
March 1, 1982
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