REGULAR MEETING
November 23, 1981
The Regular Meeting of Council was held on November 23, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Tudor, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Roe made note of a progress letter submitted to Council on Kent Apartments.
Mr. Hardcastle requested an additional agenda item to discuss a letter from the Division of Public Health requesting two handicapped parking spaces at the main entrance of the Jesse S. Cooper Memorial Building.
Mr. Witt requested an item for executive session to receive an opinion from the City Solicitor on certain payments of property taxes.
Mayor McDonough welcomed Mr. Nadab Bynum as the City’s HUD administrator for rehabilitation of property located in the area of Queen Street and Kirkwood Street.
Mr. Hodge advised Council of some difficulty in interpreting a deed related to the abandonment of property at the corner of Slaughter and Cherry Streets. This item was legally advertised as a public hearing.
Mr. Hardcastle moved to cancel the public hearing until a later date, seconded by Mr. Witt and unanimously carried.
By motion of Mr. Bewick, seconded by Mr. Carey, the Regular Council Meeting of December 28, 1981 was cancelled by a unanimous vote due to the Christmas holiday.
PROCLAMATION - ECUMENICAL THANKSGIVING SERVICE
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the following Proclamation:
WHEREAS, the first Thanksgiving was celebrated by the Pilgrims shortly after settling in this Country as a means of showing their appreciation for the bounty of the land; and
WHEREAS, the Pilgrims endured numerous and varied hardships in order to survive and make a good life for themselves, yet they were able to recognize and appreciate the good things that came their way and take time from the endless tasks of mere survival in order to show their gratefulness,
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, do hereby ask that Thanksgiving Day, 1981, be set aside by all citizens of Dover in the same spirit as that of the Pilgrims, as a day of prayer and special thanksgiving. Everyone has some reason to be thankful and through this service tonight which ushers in this special day of thanks I ask that citizens of all denominations reflect on their lives and, like the Pilgrims, recognize and appreciate the good things that have come their way and take time from the every day cares of today’s modern life to be thankful for their blessings.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 9, 1981
By motion of Mr. Boaman, seconded by Mr. Hardcastle, the Regular Council Meeting Minutes of November 9, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
By motion of Mr. Witt, seconded by Mr. Carey, Council approved the following monthly reports as submitted:
Chief of Police Report for the month of October
Building Inspector and Fire Marshal Report for the month of October
City Alderman Report for the month of October
City Manager’s Report for the month of October
J.P. Court #7 Report for the month of October
General Operating Fund, Cash Receipts Report for the month of October
General Operating Fund, Budget Report for the month of September
Water/Sewer Fund, Cash Receipts Report for the month of October
Water/Sewer Fund, Budget Report for the month of September
Inter-governmental Service Fund, Revenue & Budget Report for the month of September
Electric Revenue Fund, Cash Receipts Report for the month of October
Electric Revenue Fund, Budget Report for the month of September
Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report for the month of September
Municipal Street Aid Fund, Cash Receipts/Disbursements Report - July, August and September
Capital Fund, Cash Receipts/Disbursements Report - July, August and September
ANNUAL FINANCIAL REPORT - 1980/81
Mr. Witt noted the presence of Manter, Lafferty & Mitten, who have recently finalized the 1980/81 municipal audit.
He advised Council that the City has earned over $511,000 in interest through wise cash management during the year 1980/81. In terms of taxes, this would represent 33¢ per $100 of assessed valuation in property taxes.
Mr. Witt stated that the year basically ended with a surplus of $110,000 in the General Fund and $124,00 deficit in the Water/Sewer Fund.
Mr. Witt moved to accept the 1980/81 annual audit as submitted, seconded by Mr. Bewick and unanimously carried.
APPOINTMENT OF MANTER, LAFFERTY AND MITTEN - AUDITORS FOR YEAR ENDING JUNE 30, 1982
Mr. Boaman moved for the appointment of Manter, Lafferty and Mitten as the official auditing firm for fiscal year 1981/82, seconded by Mr. Hardcastle and unanimously carried.
PUBLIC HEARING TO CONSIDER ABANDONING THE EXTREME WEST END OF CECIL STREET
A public hearing was duly advertised for this time and place to consider abandoning the extreme west end of Cecil Street, reverting same to adjacent property owners. Mayor McDonough declared the hearing open.
Mr. Hodge explained that the extreme west end of Cecil Street, adjacent to land owned by Mary F. Naylor, Conrail, Teal Construction Company and Rosario J. Arnell, has never been a dedicated street but recorded by plot.
Property owned by Mary F. Naylor contains a Quonset hut that infringes on the boundaries of Cecil Street. In a letter to Council, Mrs. Naylor requested that the street be abandoned.
A letter was received from Southern States Dover Petroleum Cooperative, requesting that the City not abandon the street since through the years they have utilized the right-of-way for their larger equipment to gain entrance upon their property.
Mr. Tudor stated that Southern States has installed stone on that portion of the right-of-way.
It was staff’s recommendation to abandon the street since the City has no intentions of initiating any improvements.
Mrs. Naylor was present and stated that Southern States has never installed a stone surface on Cecil Street. The stone surface mentioned is a part of her property. She informed Council that Southern States encroaches on her property as an entrance and exit to their business.
Mr. Malcom Arnell, son of Rosario Arnell, was present advising Council that his mother wished to keep Cecil Street, adjacent to her property, free from any commercial enterprise.
Questioned by members of Council, Mr. Roe stated that the area is zone M (manufacturing) which has a minimum lot requirement of 100' x 100'. If the entire lot area of Cecil Street was sold it could not be developed due to the minimum zoning requirements.
Mr. Barney Wadsworth was present informing Council that Mrs. Naylor’s purpose of requesting abandonment of Cecil Street is to acquire enough property so that the existing Quonset hut does not encroach and is within the boundaries of her own lands.
In deference to a statement made in a letter from Southern States that emergency equipment utilizes Cecil Street, Mr. Wadsworth stated that emergency equipment uses the property of Mrs. Naylor to gain entrance to the Southern States property.
Mayor McDonough declared the hearing closed.
Mr. Richter moved to abandon Cecil Street, dividing the property as recommended by the City Manager; specifically, Mrs. Mary F. Naylor, Conrail, Teal Construction Company and Mrs. Rosario J. Arnell. All costs of transfer will be paid by the adjacent property owners. The motion was seconded by Mr. Boaman.
Mr. Tudor suggested that a better understanding be acquired from the adjacent property owners as to whether they would accept the land before the City proceeds with abandonment.
As a seconder to the motion for abandonment, Mr. Boaman suggested that the motion include a stipulation that abandonment would not occur unless 10% of all contiguous property owners are in agreement to accept the land. Mr. Richter accepted this as a part of his motion.
Mr. Hardcastle called for the question.
By a roll call vote of four (4) yes, four (4) no, the motion for abandonment was denied.
Mr. Witt moved that the property be abandoned contingent upon acceptance by the contiguous property owners and all costs incurred for the property transfer be assumed by the recipients. The motion was seconded by Mr. Tudor and carried by a vote of six (6) yes, two (2) no (Mr. Hardcastle and Mr. Boaman).
Mayor McDonough stated that it will be assumed that all property owners will be contacted to determine acceptance or denial of the proposed abandonment.
Mr. Witt suggested that the portion of land adjacent to Conrail property revert to Mrs. Naylor and Teal Construction Company if rejected by Conrail.
PUBLIC HEARING - LAND ABANDONMENT - OAK DRIVE
A public hearing was duly advertised for this time and place to consider abandoning land on Oak Drive, adjacent to lands owned by Wilbur Miller and Robert Gray. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the abandonment and no correspondence.
Mayor McDonough declared the hearing closed.
Mr. Bewick moved for abandonment of the property contingent upon acceptance by adjacent property owners Wilbur F. Miller and Robert J. Gray, who will assume all costs of transfer. Existing easements will be maintained by the City.
The motion was seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING - ABANDONMENT OF PROPERTY - CORNER OF NORTH AND QUEEN STREETS
A public hearing was duly advertised for this time and place to consider abandoning land at the corner of North and Queen Streets, adjacent to lands owned by Robert H. Reed. Mayor McDonough declared the hearing open.
Mr. Robert H. Reed was present stating that until recently he thought that he did own all of the land to Queen Street and has spent quite a sum of money for improvements. He added that he would be willing to pay for all costs of land transfer.
Mayor McDonough declared the hearing closed.
Mr. Witt moved for abandonment of the property, with Mr. Robert H. Reed paying all costs of transfer, seconded by Mr. Carey. By a unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN PARCEL OF LAND SITUATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTH STREET WITH QUEEN STREET.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
Section 1. The Council of the City of Dover hereby vacates and abandons the following parcel of land laid out upon a plot, recorded in the Office of the Recorder of Deeds of Kent County, Delaware, on February 25, 1966, in Plat Book H, Volume 24, page 129;
All that certain lot, piece or parcel of land in the City of Dover lying at the southwest corner of the intersection of North Street with Queen Street, being the residue of a parcel acquired by The City of Dover for the purpose of extending the right-of-way of Queen Street; having a frontage on North Street of 24.57', a frontage on Queen Street of 104.25', its southerly line having a distance of 24.4', and its westerly line having a distance of 103.6'. Containing 0.058 acres, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid parcel of land no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid parcel of land.
ADOPTED NOVEMBER 23, 1981
RESULTS OF EPA BID OPENING - INTERCEPTOR - SEWERS AND FORCE MAIN RENOVATIONS
Mr. Hodge advised Council that the EPA bid openings for the Dover Relief Sewers, held on November 19, 1981, stems from adoption by Council in August 1975 of a Comprehensive Sewer Plan.
Bids were submitted by five construction companies with Teal Construction, Inc., bidding a low base bid of $544,960. The City Engineer’s estimate on the base bid was $812,351. A low bid of $181,355 was submitted for the supplemental bid with the City Engineer’s estimate being $241,928. Since the project is state and federally funded, the City of Dover’s outlay of cash will be approximately $280,000.
Mr. Hodge advised Council that it is the recommendation of the consulting engineers and City staff that the bid be awarded to Teal Construction, Inc.
Mr. Bewick moved for the recommendation of Mr. Hodge, seconded by Mr. Hardcastle and unanimously carried.
Questioned by Mayor McDonough on the status of the Puncheon Run Interceptor, Mr. Hodge stated that in-house funding by the City of Dover is not available at this time.
Mr. Woods stated that a proposal will be submitted to the Utility Committee on the Puncheon Run Interceptor at their next scheduled meeting.
ACCESSIBILITY FOR HANDICAPPED AND UPDATE ON STATUS OF B.O.C.A. CODE ADOPTION
Mr. Roe advised Council that is was originally planned to adopt the Basic Building Code of B.O.C.A., which includes fire prevention, the Mechanical Code and Plumbing Code with the adoption of the printing of the revised Charter and City Ordinances. Due to various delays, this has not been accomplished.
He noted that the B.O.C.A. Code is updated every three years and has been adopted by Kent County and the City of Wilmington.
The 1981 revised B.O.C.A. Code provides for barrier-free buildings and smoke detectors in single family homes.
Mr. Roe stated that the 1981 provision will be followed in the construction of the Dover Mall, the Richardson Tract and other planned facilities. Since the 1981 revision has not been officially adopted, he recommended Council’s recognition until such time that adoption can be initiated.
It was noted by Council that a public hearing to adopt the 1981 Revised B.O.C.A. Code is not required by ordinance.
By motion of Mr. Witt, seconded by Mr. Carey, Council adopted the B.O.C.A. Code as amended 1981, to include provisions covering building, plumbing, mechanical and fire regulations with the understanding that said Code will be adopted by reference through proper ordinance and appear in the revised Code as printed by Municipal Code Corporation of Tallahassee, Florida.
ELECTION RESULTS - NOVEMBER 16, 1981 - ROBBINS HOSE COMPANY
Acting City Manager Hodge announced the following results of the November 16, 1981 Robbins Hose Company election as certified by Councilmen Carey and Tudor and City Alderman Willis.
Chief - Raymond L. Osika
Deputy Chief - Donald M. Carey
First Assistant Chief - Jack L. LeCompte
Second Assistant Chief - Douglas Haddad
Third Assistant Chief - Thomas R. Trader
Fire Line Captain - Terry M. Whitham
Mr. Witt moved for approval of the officers of the Robbins Hose Company as presented, effective January 1, 1982, seconded by Mr. Bewick and unanimously carried.
REZONING REQUEST - 575 NORTH DUPONT HIGHWAY - GREGORY I. & GRACE D. KIRKWOOD
A request was received to rezone 575 North DuPont Highway, owned by Gregory I. and Grace D. Kirkwood for the purpose of a car rental business. 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. Bewick, Council unanimously 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 575 North DuPont Highway are presently zoned for RG-0 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 January 11, 1982 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-0 to C-4 that property located at 575 North DuPont Highway, owned by Gregory I. & Grace D. Kirkwood.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 23, 1981
REZONING REQUEST - 221-235 NORTH NEW STREET - CAPITAL CLEANERS & LAUNDERERS, INC.
A request was received to rezone 221-235 North New Street, owned by Capital Cleaners and Launderers, Inc. The equitable owner is Mary L. King. The rezoning request is for the purpose of eight townhouses. 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. Carey, Council unanimously 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 221-235 North New Street are presently zoned for RG-1 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 January 11, 1982 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-3 that property located at 221-235 North New Street, owned by Capital Cleaners and Launderers, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 23, 1981
PERSONNEL REPLACEMENT - DEPARTMENT OF INSPECTIONS
Mr. Roe advised Council that a Clerk/Typist in his office has resigned effective November 27, 1981 and requested permission to hire a replacement.
Mr. Bewick moved for referral to the Legislative and Finance Committee, delegating authority for that committee to act on the request without final approval of Council. The motion was seconded by Mr. Witt and carried by a vote of seven (7) yes, one (1) no (Mr. Carey).
CORRESPONDENCE
St. Jones Watershed Association - Walking and Jogging Trail
A letter was received from the St. Jones Watershed Association, Paul Scotton, President, requesting that the City approve the installation of a walking and jogging trail from Division Street bridge to the Silver Lake recreation area.
The City of Dover would be required to provide the land rights for construction, supervise installation and be responsible for the facility after it has been completed.
Mr. Richter moved for referral to the Parks, Playgrounds and Trees Committee, seconded by Mr. Bewick and unanimously carried.
Ernest V. Keith - Permission to Build Wharf on Silver Lake - 974 N. State Street
A letter was received from Mr. Ernest V. Keith, advising the City that he is constructing a residence at 974 North State Street and requesting permission to build a wharf on Silver Lake at that location.
Mr. Bewick moved for referral to the Parks, Playgrounds and Trees Committee, seconded by Mr. Witt and unanimously carried.
Division of Public Health - Request for Handicapped Parking - Jesse S. Cooper Building
A letter was received from Mr. George Bender, Acting Director of the Division of Public Health, State Department of Health and Social Services, requesting two parking spaces in front of the Jesse S. Cooper Building, designated for handicapped persons.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved for adjournment into executive session to discuss police bargaining and litigation, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:28 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 23, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
November 30, 1981
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