REGULAR MEETING
October 13, 1981
The Regular Meeting of Council was held on October 13, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Tudor, Boaman, Carey, Witt and Richter. Councilmen Hardcastle and Carson were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Councilman Boaman requested an additional agenda item to discuss parking fees on the Bradford Street lot.
Mr. Hodge requested additional items to discuss electric billings, incorporating trash fees, the hiring of a HUD Grant administrator and a status report on existing manholes on U.S. Route #13.
Mr. Rodriguez requested an agenda item in executive session to discuss litigation.
Mr. Willis requested an additional agenda item to present a request for a handicapped parking sign at 426 South Governors Avenue.
COUNCIL TELEVISION COVERAGE
Council unanimously agreed (with Mr. Hardcastle and Mr. Carson absent) to allow Storer Television coverage of Council meetings as long as their crews are available and/or Council decides to discontinue the coverage.
PROCLAMATION - YOUTH APPRECIATION WEEK - OPTIMIST INTERNATIONAL
By motion of Mr. Bewick, seconded by Mr. Carey, Council unanimously adopted the following Proclamation:
WHEREAS, the vast majority of the youth are concerned, knowledgeable and responsible citizens, and
WHEREAS, the accomplishments and achievements of these young citizens deserve recognition and praise of their elders, and
WHEREAS, Optimist International has since 1957 devoted and promoted a program entitled Youth Appreciation Week, and
WHEREAS, the citizens of Dover have indicated a desire to join with the Optimists in expressing appreciation and approval of the contributions of the youth, and
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, proclaim the second week in November as Youth Appreciation Week in Dover. By this action, let it be known that we have faith in the ability of today’s youth as they assume responsible roles in the future of mankind.
ADOPTED: OCTOBER 13, 1981
APPOINTMENT - ACTING CITY MANAGER
Mr. Witt moved to officially appoint Mr. C. Donald Hodge as Acting City Manager of the City of Dover, to serve at the pleasure of Council, seconded by Mr. Carey and unanimously carried.
APPOINTMENTS - JUDGES FOR ROBBINS HOSE COMPANY ELECTION - NOVEMBER 16, 1981
Mayor McDonough presented the names of Councilmen Carey and Tudor to serve as judges at the November 16, 1981 Robbins Hose Company election.
By motion of Mr. Bewick, seconded by Mr. Witt, the appointments were unanimously approved.
ADOPTED OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 28, 1981
By motion of Mr. Bewick, seconded by Mr. Carey, the minutes of the Regular Council Meeting of September 28, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
REPORT OF BID OPENING - LAKEVIEW DRIVE IMPROVEMENTS
Mr. Hodge reported receiving bids from four construction companies for improvements to Lakeview Drive, with Webb Construction Company being the low bidder with a price of $20,820.50. City of Dover engineer’s estimate was $24,450.
The City Manager’s Office recommended a bid award to Webb’s Construction as the low bidder. Completion of the improvements to Lakeview Drive has been estimated to be November 13th.
By motion of Mr. Carey, seconded by Mr. Boaman, Council unanimously awarded the bid to Webb’s Construction Company.
HIRING OF HUD HOUSING ADMINISTRATOR
Mr. Hodge announced the hiring of Nadab Otis Bynum to be the designated HUD Grant Administrator. Mr. Bynum will assume his duties on November 2, 1981 and will occupy an office on the second floor of the City Hall Annex, formerly used by the Meter Reading Department. His staff will consist of a clerk/typist. All salaries of the office will be paid through funds allocated by the grant.
Questioned by members of Council, Mr. Hodge stated that the funds will be available upon application to the HUD office as qualified expenditures are received in the office of the administrator.
When occupying his office on November 2nd, Mr. Bynum will immediately begin a house to house interview with owner-occupied residences in the designated grant area to verify qualification for the grant.
Mr. Hodge stated that he would request the presence of Mr. Bynum at future Council Meetings to answer specific questions on how the funds will be allocated and granted.
PUBLIC HEARING - SECTION 8 - ZONING TEXT AMENDMENT
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Text, Section 8, that would permit barber and beauty shops in the Mobile Home Park zone. Mayor McDonough declared the hearing open.
Attorney William Vaughn was present to represent William W. & Christine C. Shipley and presented the following resolution containing 30 names, with 23 being senior citizens living within the park complex.
“We, the undersigned, resident’s, neighbors, and friends, of Riverside Mobile Home Park support the application of Mr. & Mrs. William W. Shipley, Sr. to the Mayor and City Council of Dover, for the rezoning of the mobile home park and the permit of a beauty/barber shop.”
Mr. Vaughn explained that Mr. & Mrs. Shipley are equitable owners of a five acre plot within the mobile home park and have moved a mobile home with beauty and barber shop capabilities to Riverside Trailer Park without realizing that the zoning would not permit such a facility. Mr. Vaughn stated that there are two applications; one for amending the zoning text and a separate application to change the zoning from R-8 to MHP.
Mr. Richter and Mr. Tudor were concerned that sections 8.15 and 8.16 mention a permanent facility for management that would allow a storage, laundry facilities and a community building. The proposed beauty and barber shops would operate from a standard mobile home type of facility.
Mr. Saxton read, in part, from the Planning Commission recommendation that state, “it is further recommended that this use only be allowed in a trailer used for the sole purpose of a beauty shop or barber shop or in a permanent building but in no way to be permitted within a trailer as an accessory use to the residential use”. In other words, Mr. Saxton stated that this type of business could not be used within the same building in conjunction with residential use. He reminded Council that this service could possibly cut down on Senior Surrey calls for the elderly persons who would have to go to other parts of the City for this service.
Mr. Shipley assured Council that the mobile home in question was designed specifically for a beauty/barber shop facility.
Mrs. Gladys M. Kemp, a resident of Riverside Trailer Park, was present to urge Council to allow a barber/beauty shop facility for the convenience of elderly citizens who do find it difficult riding the Senior Surrey or other means of transportation.
Mayor McDonough declared the hearing closed.
Mr. Bewick moved for approval of the zoning text change with a stipulation that the word “permanent” in Section 8.15 and 8.16 be clarified. He directed that the Inspection’s Department devise the wording.
As recommended by Mr. Richter, Mr. Bewick modified his motion to state that only one (1) beauty shop and one (1) barber shop would be allowed in each mobile home park complex. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote with Mr. Carson and Mr. Hardcastle absent.
By approval of the motion, Council adopted the following amendment to Section 8 of the Zoning Code:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 8 of the Zoning Code of the City of Dover, subsection 8.15, is hereby amended by adding a new paragraph (e), to read as follows:
(e) one (1) beauty shop and/or one (1) barber shop in each mobile home park complex
ADOPTED: OCTOBER 13, 1981
PUBLIC HEARING - REZONING - 151 ROOSEVELT AVENUE (RIVERSIDE TRAILER PARK) - DALE R. AND FAYE M. SIPPLE
A public hearing was duly advertised for this time and place to consider rezoing 151 Roosevelt Avenue (Riverside Trailer Park) owned by Dale R. & Faye M. Sipple. Mayor McDonough declared the hearing open.
Attorney William Vaughn was present to speak for the applicants, William W. and Christi C. Shipley, explaining that the present zoning of the mobile home park is R-8 and that the applicants are applying for MHP zoning.
Questioned by members of Council, Mr. Saxton stated that the mobile home park, or land that existed at the time of annexation, is surrounded by R-8 zoning and the site of the park was probably zoned R-8 to conform with zoning in the area. At the time of the annexation a MHP zoning category did not exist.
Mayor McDonough read into the record a letter from Dr. Harry S. Dion and Morris Dembowitz of Wyncote, Pennsylvania, stating the following (in part):
“We own 16 acres fronting on Roosevelt Avenue that we are hoping to develop with housing when construction and mortgage money becomes available. We feel that any downgrading of zoning will adversely affect our plans and result in a considerable financial loss to us.
We therefore OPPOSE any radical change in zoning from R-8 (residential).”
Mayor McDonough declared the hearing closed.
By motion of Mr. Bewick, seconded by Mr. Witt, Council by a unanimous roll call vote (Mr. Hardcastle and Mr. Carson absent) adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 151 ROOSEVELT AVENUE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-8 to MHP.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-8 to MHP on that property located at 151 Roosevelt Avenue, owned by Dale R. and Faye M. Sipple.
ADOPTED: OCTOBER 13, 1981
DELAY IN ELECTRIC BILLINGS - MONTH OF OCTOBER
Mr. Hodge informed Council that there will be a seven day delay in the October electric billings due to computer programming necessary to incorporate the billing of a trash fee.
Members of Council expressed concern for the delay, stating that they were led to believe that the computer programming would be taken care of.
Mr. Hodge stated that the delay would affect electric cash flow in that payments would be received one week later.
Mr. Bewick suggested that the City delay electric billings for one week with emphasis on the fact that there would be no future delays in billing.
Mr. Witt reminded those present that the new computer system is behind on some projects at least one year, yet the department has taken on a separate project in aiding a state agency in their billings.
Mr. Hodge stated that the first eleven electric books would be billed on the 20th and all books in their proper sequence after that date.
STATUS REPORT - U.S. ROUTE #13 - MANHOLE COVERS
Referring to recently paved U.S. Route #13, Mr. Hodge stated that there are 27 manholes below grade, 18 are City owned. It was his decision that the City would furnish 18 of the manhole rings and covers with the contractor for the State correcting the grade. Many of the manhole rings and covers are badly worn and will have to be completely replaced resulting in the necessity of excavating the new road surface.
Mr. Bewick expressed his irritation that the State would allow a new road surface to be installed prior to replacing manholes. He stated that he would investigate the matter.
REQUEST TO ABANDON DEAD END EXTENSION - CECIL STREET
A request was received from Mary Naylor and Barney Wadsworth to abandon the dead end extension of Cecil Street between 118 North West Street and 200 North West Street.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
BRADFORD STREET PARKING FEES
Mr. Boaman moved that the monthly fee for th single row or permit parking on the north side of the Bradford Street parking lot be reduced from the present $12.000 per month to $5.00 per month to coincide with permit parking fees in the municipal lot, east of City Hall. The motion was seconded by Mr. Carey.
Mr. Richter and Mr. Bewick objected to a change in fees since $12.00 per month was charged by the Parking Authority.
Mr. Witt stated that he had received several calls on the fees of the Bradford Street lot and informed the callers that the matter would be discussed during the Legislative and Finance Committee meeting of October 15th.
Mr. Boaman withdrew his motion as did Mr. Carey withdraw his second.
REQUEST FOR HANDICAPPED PARKING SIGN - 426 SOUTH GOVERNORS AVENUE
A letter was received from Rosie F. Kay, 426 South Governors Avenue, requesting a handicapped parking sign in front of her residence for the convenience of a mentally retarded child.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Bewick and unanimously carried.
EXECUTIVE SESSION
By motion of Mr. Witt, seconded by Mr. Carey, Council recessed into executive session to discuss personnel matters and litigation at 8:45 p.m.
COUNCIL ACTION ON SGT. WILLIAM R. BIDDLE APPEAL OF POLICE BOARD’S DECISION ON RETIREMENT PAY
Council reconvened at 10:15 p.m. for public action on an appeal of Sgt. William R. Biddle on the Police Board’s decision to award his pension on a non-job connected disability.
Mr. Richter moved to uphold the Police Pension Board’s decision, seconded by Mr. Bewick and carried by a vote of six (6) yes, with Mr. Hardcastle not voting and Mr. Carson absent.
Council Adjourned at 10:23 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 13, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
October 19, 1981
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