Regular City Council Meeting
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Sep 28, 1981 at 12:00 AM

REGULAR MEETING

September 28, 1981

The Regular Meeting of Council was held on September 28, 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. Boaman requested an additional agenda item related to a water extension on the Rudnick Tract.

Mr. Witt requested an additional agenda item to discuss solid waste billings.

Mr. Hodge requested an additional agenda item for an executive session immediately following the meeting concerning police negotiations.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 14, 1981

By motion of Mr. Boaman, seconded by Mr. Carey, the Minutes of the Regular Council Meeting of September 14, 1981 were unanimously approved and bore the written approval of Mayor McDonough.

CITY OF DOVER TRASH FEE BILLINGS

Mr. Witt referred to the trash fee adopted by Council, stating that the first billing that will include three months of fees will be attached to the electric bills beginning October 1st. Rather than impact citizens with a three month billing in October, Mr. Witt suggested that the annual fee of $66 be divided by 1/9, resulting in a monthly billing of approximately $7.33.

Mr. Witt moved for the aforementioned, seconded by Mr. Bewick.

Mr. Boaman felt that there would be some support in Council to change the trash fee to a tax.

Mr. Witt stated that his committee plans to make an in-depth study along those lines.

Mr. Witt’s motion to bill on the basis of $7.33 per month was unanimously carried.

Mr. Hardcastle did not vote due to his absence during subject matter discussion.

MONTHLY REPORTS

Chief of Police Report for the Month of August

The Chief of Police Report for the month of August was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.

Building Inspector and Fire Marshal Report for the Month of August

The Building Inspector and Fire Marshal Report for the month of August was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Bewick.

Mr. Roe reported a building permit value to date of $21,341,550. This is the largest building permit value since 1970.

City Alderman’s Report for the Month of August

The City Alderman reported fines in the amount of $1,961 for the month of August. The City Alderman’s Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.

Questioned by Mr. Witt, Mr. Willis stated that the total fines represent a period up to and including August 31st and incorporates two weeks of fines not reported for the month of July.

General Operating Fund, Cash Receipts Report for the Month of August

The General Operating Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.

General Operating Fund, Budget Report for the Month of July

The General Operating Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.

Water/Sewer Fund, Cash Receipts Report for the Month of August

The Water/Sewer Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Bewick, seconded by Mr. Hardcastle.

Water/Sewer Fund, Budget Report for the Month of July

Mr. Witt suggested a subtotal after the operating portion of the water/sewer budget to determine the percent of budget charged against the department. He stated that leaving the debt service until the end of June is very misleading. This would also show an accurate percentage of budget charged for operating, excluding debt service.

Mayor McDonough called attention to a note on the Water/Sewer Budget Report, inserted by the Finance Department. The note pointed out that the $580,000 budgeted for County sewer fees has a significant weight in the budget. Mr. Karia requested that Council allow this item to be separated from the Sewer Department which will more accurately reflect the Sewer Department’s operating expenses and place the report in the proper perspective.

Mr. Richter moved for approval of the request, seconded by Mr. Bewick and unanimously carried.

The Water/Sewer Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.

Inter-governmental Service Fund, Revenue and Budget Report for the Month of July

The Inter-governmental Service Fund, Revenue and Budget Report for the month of July was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.

Electric Revenue Fund, Cash Receipts Report for the Month of August

The Electric Revenue Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.

Electric Revenue Fund, Budget Report for the Month of July

Mr. Witt pointed out that again this report would be much more realistic with a subtotal before debt service. Mr. Hodge agreed that this would be accomplished.

The Electric Revenue Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.

Electric Improvement and Extension Budget, Cash Receipts and Disbursements - July

The Electric Improvements and Extension Budget, Cash Receipts and Disbursements Report for the month of July was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.

City Manager’s Report for the Month of August

Referring to the Electric Department fuel clause on billings, Mayor McDonough requested a projection for the forthcoming months.

Mr. Hodge stated that it will be recommended that the fuel clause be increased from the present .050 to .056. This will reflect in the October and November billings.

IMPROVEMENTS TO LAKEVIEW DRIVE

Mr. Hodge reported that the bids for improvements on Lakeview Drive are scheduled for mailing on September 29, 1981 with a return request by October 9, 1981. Recommendations for the award of the bid will be presented to Council during their Regular Council Meeting of October 13, 1981.

Permission for an easement from Luther Towers to install drainage for the project was received on September 28, 1981.

BIDS - WATER STORAGE TANK - GENERAL FOODS AND SCOTT PAPER

Mr. Hodge reported receiving bids to paint the water storage tank, located between General Foods and Scott Paper. The high bid was $29,100 and the low bid was $15,445, submitted by Corrosion Control Corporation. It was his recommendation that the bid be awarded to the low bidder, Corrosion Control Corporation.

Mr. Bewick moved for approval of the recommendation, seconded by Mr. Witt and unanimously carried.

REPORT OF BIDS - LEAF COLLECTING MACHINE

Mr. Hodge reported receiving bids for a new leaf collecting machine from John C. Lewis Company, Road Machine Company and Salt Service & Chemical, Inc. The low bid for a new unit was $10,896 and the high bid was $11,980.

John C. Lewis Company also submitted a bid on a demo unit with 81 hours, for a total price of $5,993.

It was the recommendation of the City Manager’s Office to purchase the demo from John C. Lewis Company.

Mr. Hodge informed Council that the leaf collecting unit now in service contains an older engine that might have to be replaced within the year. A request might be submitted to Council at a later date to replace the engine unit, still staying within the $11,000 allocated by Council.

Mr. Witt moved for the recommendation of the City Manager, seconded by Mr. Hardcastle and unanimously carried.

HIRING OF HUD GRANT ADMINISTRATOR

Mr. Hodge reported that his office has received 17 applications to fill the position of HUD Grant Administrator. The list has been narrowed to seven persons, with Mr. Mogan having interviewed one. He asked for guidance as to who will continue the interview process. It will be necessary to fill this position to complete the necessary paperwork.

Mr. Bewick moved that Mr. Hodge be authorized to continue the interviews for a HUD Grant Administrator and have the final decision in the hiring of same. The motion was seconded by Mr. Richter and unanimously carried.

Referring to remarks by Mr. Witt, Mayor McDonough pointed out that the person filling that position should be notified that if the funds for the grant do not become available, the position will not be filled.

By motion of Mr. Witt, seconded by Mr. Carey, the City Manager’s Report for the month of August was unanimously approved.

J.P. COURT #7 REPORT FOR THE MONTH OF AUGUST

A check was received from J.P. Court #7 for the month of August in the amount of $9,046.91.

Mr. Hardcastle moved for approval of the J.P. Court #7 Report as submitted, seconded by Mr. Carey and unanimously carried.

PUBLIC HEARING - 122 SOUTH KIRKWOOD STREET - ANNA JACKSON PERRY

A public hearing was duly advertised for this time and place to consider rezoning 122 South Kirkwood Street, owned by Anna Jackson Perry, for the purpose of a sandwich shop. Mayor McDonough declared the hearing open.

There was not one present to speak for or against the rezoning and no correspondence.

Mayor McDonough declared the hearing closed.

Mr. Roe stated that the Planning Commission recommended approval of the rezoning since the existing land is adjacent to commercial establishments and is in keeping with the Comprehensive Plan.

Mr. Witt moved for approval of the rezoning, seconded by Mr. Hardcastle and by a unanimous roll call vote, Council 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 122 SOUTH KIRKWOOD STREET.

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 RG-1 to C-2.

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 RG-1 to C-2 on that property located at 122 South Kirkwood Street, owned by Anna Jackson Perry.

ADOPTED SEPTEMBER 26, 1981

PUBLIC HEARING - REZONING - LAND ON WEST SIDE OF COUNTY ROAD #156 - BEULAH LLOYD

Mayor McDonough informed Council that the aforementioned public hearing to rezone property located on the west side of County Road #156, owned by Beulah Lloyd, has been withdrawn by the applicant.

Mr. Roe stated that the applicant was informed that no sewer is available for the property and an on-site sewage facility would not be feasible cost-wise. However, Mrs. Lloyd was informed that a modular-type home would comply with the present R-20 zoning and has requested a building permit for same.

PROCLAMATION - OBSERVANCE OF HALLOWEEN

Mayor McDonough informed Council that Dover High School has scheduled home football game on October 30th at 8:00 p.m. In deference to observing Trick or Treat night on a weekend, he recommended that Halloween be observed by the City of Dover on October 29, 1981.

Mr. Willis was directed to inform the Governor’s Office of Council’s decision.

Based on the aforementioned facts, Mayor McDonough issued the following Proclamation:

WHEREAS, observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and

WHEREAS, the Mayor and Council of the City of Dover have deemed it advisable to restrict the observance of this holiday to Thursday, October 29, 1981.

NOW, THEREFORE, IT IS PROCLAIMED AND DECLARED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:

1. That the Halloween observance shall be held on the 29th day of October 1981 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.

2. That observance of trick or treat be limited to the evening of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.

3. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.

4. That any person violating this, the Proclamation of the Mayor and Council of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinances of the City of Dover.

ESTABLISH BANK ACCOUNTS - HUD GRANT AND SPECIAL ASSESSMENT FUND

Mr. Hodge reported that the Finance Department has requested a separate bank account for special assessments such as the extension of sewer and water lines; said funds reverting back to the account where they originated. The account would initiate a more accurate record of assessment payments.

It will also be necessary to establish a separate bank account for federal monies received from the HUD Grant.

Mr. Bewick moved for approval of establishing a HUD Grant bank account and an assessment bank account, with the City Manager determining the banks that would be involved.

The motion was seconded by Mr. Carey and unanimously carried.

KENT APARTMENTS - NEW STREET - REPORT ON RENOVATIONS AS DIRECTED IN COUNCIL MEETING OF AUGUST 24, 1981

Briefing Council on the past history of Council’s action on Kent Apartments, Mr. Roe stated that a public hearing, under the Dangerous Building Act, was held on February 23, 1981. During the March 9, 1981 Council Meeting, it was directed that the building be vacated by March 23, 1981 and secured for six months, stipulating that all utilities be disconnected.

Mr. Roe stated that the six months did expire on September 23, 1981 and noted that presence of Attorney George Gardner, representing persons with an interest in Kent Apartments.

Mr. George Gardner, Counsel for Mr. Mike Foster and Phil Glantz, was present to explain the circumstances that evolve around the ownership of Kent Apartments.

Mr. Gardner stated that the Delaware Trust Company Bank, holder of the mortgage on Kent Apartments, has filed suit against Mr. Profaci, the present incorporated owner, and Mr. Foster and Mr. Glantz. Mr. Foster and Mr. Glantz sold the property to Mr. Profaci and at the time, the Delaware Trust Company Bank allowed Mr. Profaci to assume the responsibilities of the mortgage but did not relieve Mr. Foster or Mr. Glantz of any liability in the responsibility of the mortgage.

Since Mr. Profaci has defaulted in his obligation to the bank, Delaware Trust Company now looks to the former owners for the responsibility of the obligation. In the meantime, Mr. Foster and Mr. Glantz have sued Mr. Profaci’s corporation.

Mr. Gardner stated that Mr. Profaci has not appeared to defend his position in either law suit. Therefore, it can be assumed that he does not have the funds to satisfy the obligation. The obligation to the Delaware Trust Company will automatically become the obligation of Mr. Foster and Mr. Glantz if the aforementioned is a true statement.

Mr. Gardner requested that an extension of six months be given to his clients to afford an opportunity to find a buyer for Kent Apartments who would renovate the building to a point where it would conform with City Codes.

Without the requested six month extension and in fact if the structure was demolished, Mr. Gardner pointed out that his clients would be immediately liable to the Delaware Trust Company for the remainder of the indebtedness. They would additionally be responsible for the cost fo demolition and further involvement of the City of Dover.

He reiterated his request on behalf of his clients for a six month extension.

Questioned by Mr. Bewick, Mr. Gardner stated that Mr. Glantz and Mr. Foster could acquire title of the land from Mr. Profaci through a judgement exercised by the bank.

Mayor McDonough was concerned that Mr. Gardner’s presentation indicated that Mr. Foster and Mr. Glantz did not plan to renovate the property but instead, to find a buyer. This might mean that the buyer would in turn come back to Council for a further extension to complete renovations of the building.

Mr. Foster stated that he was not planning to renovate the building but is actively seeking a contractor for purchase and renovation.

Mayor McDonough was also concerned with who would accept responsibility or liability for the property in its present condition.

Capt. Hutchison and Mr. Roe stated that there have been no problems with the building as far as breaking and entering or other damage. Mr. Roe stated that if such a problem presented itself and Mr. Profaci would not accept responsibility then the City would secure the building and place a lien on the property.

Based on the fact that the building is vacated and has presented no problems to the City and it would be advantageous to all concerned if the building could be renovated, Mr. Richter moved that a six month extension be granted. The motion was seconded by Mr. Carey.

Mr. Bewick suggested that monthly reports be submitted through the Inspection’s Office to Council outlining any legal matters that might transpire on the building and progress on renovations.

Mr. Richter stated that he would agree to the stipulation as a part of his motion, as did the seconder, Mr. Carey.

On a call for the question by Mr. Witt, Mr. Richter’s motion was unanimously carried.

COLEMAN W. AND ELAINE B. MOSLEY PROPERTY - 18 NORTH KIRKWOOD STREET - FAILURE TO COMPLY - DANGEROUS BUILDING ORDINANCE

Mr. Coleman W. Mosley was present to advise Council that some work has been done to the house on the foundation and roof. However, with the tight money market, he has been unable to proceed with further repairs. Mr. Mosley stated that he has decided to sell the property to Mr. Joseph Burden.

Mr. Joseph Burden was present to request a six month extension to renovate the building. He informed Council that he would repair the outside of the house first due to complaints from neighbors and after completion, proceed to correct the Building Code violations and interior repairs.

Mayor McDonough suggested that Mr. Burden initiate renovations to some of the more dangerous Code violations on the interior of the house from the starting point of his repairs if Council grants the extension.

Mr. Hardcastle objected to any extension of time, stating that the property has been in disrepair for at least two years with several extensions granted in the past. Citizens in the area have let it be known to him that they wished to have the property removed.

Questioned by Council, Mr. Burden stated that his purchase of the property is contingent upon a six month extension to repair the structure.

Mr. Hardcastle moved to deny any extension of time on the property located at 18 North Kirkwood Street, seconded by Mr. Witt.

Questioned by Mr. Tudor and Mr. Boaman, Mr. Burden stated that he will complete another project within eight to ten days and plans to start on renovations of 18 North Kirkwood Street immediately. This would mean that he would apply for a building permit within two weeks.

Mr. Hardcastle’s motion for denial of an extension failed by a roll call vote of four (4) yes, four (4) no (Mr. Tudor, Mr. Boaman, Mr. Carey and Mr. Richter).

Mr. Boaman moved for an extension of time for four (4) months, stipulating that a report from Mr. Roe be prepared at the end of thirty (30) days, at which time Council will take further action if no building permit or renovations have been initiated. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

Personnel Replacement - City of Dover Library - Librarian I

Mr. Witt informed Council that the Legislative and Finance Committee recommended the hiring of a Librarian I for the City of Dover Library, replacing a retiree and so moved for the recommendation of the committee to authorize the City Manager to replace same. The motion was seconded by Mr. Carey and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on September 21, 1981 at 8:00 p.m. with Chairman Bewick presiding.

Sewer Pipe - Jack Normoyle - 17 Terry Circle

The committee considered a request by Mr. Jack Normoyle, 17 Terry Circle, for some relief in expenses incurred in repairing his sewer lateral in the street. Through inspection by the City and a private contractor, it was found that the lateral was improperly installed by the developer.

The committee recommended that the City of Dover not bill Mr. Normoyle for the $569.86 that was involved but any other bills related to the repairs would be the responsibility of the property owner.

Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried by a vote of seven (7) yes (Mr. Witt absent).

Puncheon Run Interceptor and Dover Relief Service - EPA Sewer Grants

Mr. Woods informed the committee that funds from EPA committed to the Puncheon Run Sewer Interceptor and Sewer System Improvements, under contract C-100126-03 are in jeopardy. The City has been notified by EPA that the grant will be terminated if notice is not given to initiate construction and advertise bids by October 24, 1981.

Mr. Karia informed the committee that funds are available from accumulated bond interest.

The funds would be used for the Dover Relief Sewer Project that would incorporate the following items:

1. A 21" diameter gravity sanitary sewer interceptor from the intersection of College and McKee Roads to the Walker Road pumping station, located on Pear Street, near Walker Road.

2. A 24" diameter gravity sanitary sewer interceptor from the existing manhole on South Little Creek Road at East Dover Elementary School driveway to the existing manhole on the east bank of the St. Jones River, south of Court Street.

3. A 10" diameter sewer force main from the intersection of Whiteoak and Halsey Roads to the east bank of the St. Jones River, just north of Division Street.

4. Alterations and renovations to the Walker Road pumping station.

Mr. Woods informed the committee that the projects would involve approximately $1,250,000 with the City’s portion of the cost being approximately $300,000.

Mr. Bewick moved for the committee’s recommendation of approval of the projects, not necessarily approving the utilization of the accumulated bond interest but stipulating further investigation of other sources of funds. The motion was seconded by Mr. Richter and carried by a vote of seven (7) yes, (Mr. Witt absent).

Designee for EPA Grants

The committee was informed that a new designee must be appointed for EPA Grants, noting that City Manager Mogan who will be leaving soon is now the designee.

Mr. Bewick moved that Mr. Hodge be named the designee for EPA Grants, seconded by Mr. Richter and unanimously carried.

Electrical Cable Location Fee

Mr. Schucker informed the committee that an increased number of requests from electricians and private contractors are being received to locate underground cable on private property. He suggested a charge of $25 for the location fo secondary and service cables and a $40 fee for the location of primary cables. In cases where locating the cables would exceed one hour, a charge for any portion of the second hour of $15 would be levied, stipulating that these charges would in no way effect any calls from Miss Utility for cable locations.

The committee recommended approval of the proposed fees with Mr. Tudor voting no.

Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey.

Mr. Tudor stated his objection of the City entering private property to locate underground cables. He explained that the majority of the locations are beyond the electric meter such as cable layed for swimming pools or back yard structures. He felt that the City would be entering the contracting business and would be liable for any accidents that might occur due to any error in staking out cable locations. He added that requests for cable locations are growing each week and the possibility of hiring more personnel might be presented in the near future.

Mr. Schucker stated that he had no objections to Council directing that City crews could not intrude on private property, but at the present time there are no guidelines for him to follow.

Mr. Bewick withdrew his motion for approval of the fee as did the seconder, Mr. Carey.

Mr. Bewick moved that the matter be tabled and referred back to Utility Committee, seconded by Mr. Hardcastle and unanimously carried.

Annexation Request - Frank Gentile - County Roads #158 and #104 (Kenton Road)

The committee received a report submitted by Mr. Mogan outlining cost and revenue factors related to lands owned by Mr. Frank Gentile, on the Dover Kenton Road. Using standards methods for determining cost for police protection, road maintenance, street lights and administrative costs, the annual liability to the City amounted to $123,852. Tax revenues and possible street aid grants that would be received by the City totaled approximately $68,700 per year.

Based on these facts and noting that there is undeveloped tracts of land within the City, the committee recommended denial of the annexation request.

Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Boaman.

Mayor McDonough pointed out that some of the cost figures submitted in Mr. Mogan’s report do not necessarily indicate real money such as administrative costs ($64,120), and 2.18 policemen at a cost of $51,651.

Mr. Bewick’s motion to deny the annexation request was carried by a vote of seven (7) yes, one (1) no (Mr. Witt).

Increase Utility Deposit Interest

Mr. Mogan requested that the City increase the percentage of interest paid on electric deposits to 7% versus 5% presently paid. He felt that this would be in keeping with an interest rate of 9% which the City charges for such things as balances owed non assessments.

The committee recommended approval of the recommendation.

Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle and unanimously carried.

Mr. Witt suggested that the Utility Committee review the possibility of decreasing the length of time that electric deposits are held, pointing out that the present policy is three years.

Mr. Bewick stated that the committee would consider this matter at their next meeting.

Mr. Hardcastle moved for approval of the Utility Committee Report as submitted, seconded by Mr. Carey and unanimously carried.

REZONING REQUEST - LOTS #32, 33 & 34 - CORNER OF CAROL STREET AND COLUMBIA AVENUE - DENIS J. AND JANET R. O’BRIEN

A request was received to rezone lots #32, 33 & 34 on the corner of Carol Street and Columbia Avenue, owned by Denis J. and Janet R. O’Brien. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution and referred the request to the Planning Commission:

A RESOLUTION SETTING FOR 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 on the corner of Carol Street and Columbia Avenue (lots #32, 33 & 34) are presently zoned for R-8 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 October 26, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG-3 that property located on the corner of Carol Street and Columbia Avenue (lots #32, 33 & 34), owned by Denis J. and Janet R. O’Brien.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED SEPTEMBER 28, 1981

COUNCIL HEARING - SGT. WILLIAM R. BIDDLE - CITY OF DOVER POLICE DEPARTMENT - APPEAL OF PENSION BOARD ACTION

A letter was received from Attorney Gerald Street in behalf of William R. Biddle, City of Dover Police Department, requesting a hearing before Council members to appeal action taken by the Pension Board.

Mr. Boaman moved that the appeal be held in executive session on October 13, 1981 due to personal medical facts that might be revealed during the hearing. It was agreed that any action by Council on the matter be taken in pubic. The motion was seconded by Mr. Hardcastle and unanimously carried.

WATER EXTENSION - RUDNICK TRACT

Mr. Boaman moved to refer the matter of water extension on the Rudnick Tract to serve the Farm Credit Bureau to the Utility Committee, seconded by Mr. Hardcastle.

Mr. Hodge requested that the Farm Credit Bureau submit a plot plan of the proposed site as reference information to the Engineering Department who will compile the necessary cost figures.

Mr. Roe requested that Council consider extending the water line down Webbs Lane to create a loop, explaining that additional growth in the area is forthcoming.

Mr. Boaman agreed to make this a part of his motion.

Mr. Boaman’s motion for referral to the Utility Committee was unanimously carried.

Mr. Witt moved for adjournment into executive session to discuss police negotiations, seconded by Mr. Hardcastle and unanimously carried.

Meeting Adjourned at 9:10 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of August 28, 1981, are hereby approved.

JOSEPH M. MCDONOUGH

                                                                        MAYOR

October 5, 1981

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