Regular City Council Meeting
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Sep 14, 1981 at 12:00 AM

REGULAR MEETING

September 14, 1981

The Regular Meeting of Council was held on September 14, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Tudor, Boaman, Hardcastle, Carey, Witt, and Richter. Councilmen Bewick and Carson were absent.

In the absence of Reverend J.H. Williams, Councilman Hardcastle administered the invocation.

AGENDA ADDITIONS/DELETIONS

Mr. Mogan requested an additional agenda item to report on the progress of the 1980/81 municipal audit.

Mr. Boaman requested an additional item related to a vacation request by Mr. Roe.

Mr. Willis requested an additional agenda item for action on the Minutes of the Special Emergency Meeting of Council held on September 10, 1981.

Mr. Hardcastle requested an additional agenda item to discuss the Columbus Day holiday which falls on a Regular Council Meeting date.

APPOINTMENT - NEGOTIATORS FOR THE ASSOCIATION OF ELECTRIC DEPARTMENT EMPLOYEES

Mayor McDonough presented the names of Councilman Boaman as chief negotiator for the Association of Electric Department Employees and Councilman Tudor as an assistant.

Mr. Hardcastle moved for approval of the appointment, seconded by Mr. Carey and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 24, 1981

By motion of Mr. Boaman, seconded by Mr. Carey, the Minutes of the Regular Council Meeting of August 24, 1981 were unanimously approved and bore the written approval of Mayor McDonough.

ADOPTED OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 10, 1981

By motion of Mr. Witt, seconded by Mr. Boaman, the Minutes of the Special Council Meeting of September 10, 1981 were approved by a vote of five (5) to one (1) with Mr. Carey voting no and Mr. Bewick and Mr. Carson being absent. The Minutes bore the written approval of Mayor McDonough.

PROGRESS REPORT - 1980/81 FISCAL AUDIT

City Manager Mogan reported that the auditing firm has received all records of the funds for the City of Dover and estimated that the audit would be completed by the end of September, initiating the publication of same by October 15, 1981.

COLUMBUS DAY HOLIDAY - OCTOBER 12, 1981

Mr. Hardcastle reminded members of Council that Columbus Day, October 12, 1981, falls on a Regular Council Meeting date and requested discussion on changing the Regular Meeting night.

It was noted that October 12th is a scheduled holiday for all state employees.

Mr. Hardcastle moved that the first Council Meeting in October be changed to October 13, 1981, seconded by Mr. Boaman and unanimously carried.

RESOLUTION - CONSTRUCTION, RECONSTRUCTION, AND/OR IMPROVEMENTS TO SAULSBURY ROAD

By motion of Mr. Hardcastle, seconded by Mr. Boaman, Council by a unanimous roll call vote adopted the following resolution.

WHEREAS, the State Department of Transportation has requested a Resolution from the Mayor and Council of the City of Dover concerning the construction, reconstruction, and/or other related improvements to Saulsbury Road as set forth in the plans and specifications for Contracts 80-012-01 and 80-012-03 of the State of Delaware, and

WHEREAS, an Agreement between the State of Delaware, Department of Transportation and the City of Dover for the execution of this Project has been prepared.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council grants its consent for the State to construct, reconstruct, improve, and/or maintain the Project through the City, required by and in accordance with Title 17 of the Delaware Code as amended.

2. That the Mayor and Council authorizes the Mayor of the City of Dover to execute the aforesaid Agreement.

ADOPTED: SEPTEMBER 14, 1981

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on September 3, 1981 with Chairman Witt presiding.

Sale of City Owned Property

Mr. Boaman reported that the City Manager has nearly completed a list of City-owned property that would be disposed of through public auction or other means.

General Operating Fund, Budget Report for the Month of June and Water/Sewer Fund, Budget Report

The General Operating Fund, Budget Report for the month of June and the Water/Sewer Fund, Budget Report were referred to the Legislative and Finance Committee for further review and not approved during the Regular Council Meeting of September 14, 1981.

Mr. Boaman reported that the committee has finalized the review of the two accounts and recommended acceptance, seconded by Mr. Witt and unanimously carried.

Three Day AWOL Policy

In accordance with the recommendation of the committee, Mr. Boaman moved that the following amendment to the Employee Handbook be approved:

An employee absent without leave for a period of one day is considered to have abandoned the job and may be replaced or suspended.

If terminated, the employee may reapply for the job but if rehired, will have lost all benefits attached to time worked for the City.

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

It was noted that any decision under this section would be made by the City Manager for all employees under his charge. Employees under the supervision of appointees such as the Chief Inspector’s Office, the Tax Assessor’s Office and the City Clerk/Treasurer’s Office would come under the jurisdiction of the department heads of those respective offices.

Personnel Replacement - Senior Surrey Department

Mr. Mogan informed the committee that an employee of the Senior Surrey Department has resigned due to a permanent physical disability, not job related. He further stated that anything less than a full time employee would result in disruptive scheduling since part-time employees tend to be less dependable due to wages and benefits.

The committee recommended that the City Manager be authorized to hire personnel replacement in the Senior Surrey Department.

Mr. Boaman moved for approval of the replacement, seconded by Mr. Carey and carried with Mr. Witt voting no.

Personnel Replacement - Crossing Guards

Due to a resignation in the Records Department of the Police Department, Mr. Mogan requested permission to hire a replacement for a Clerk Typist II position.

The committee recommended approval of the request.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried with Mr. Witt voting no.

Caesar Rodney School District - Crossing Guards

After discussing a request from the Caesar Rodney School District for assistance in funding that portion of their crossing guard program situated in the City of Dover and noting that the City of Dover presently contributes to the Capital School District crossing guard program, the committee recommended denial.

Mr. Boaman moved for approval of the committee recommendation, seconded by Mr. Richter and unanimously carried.

Equipment Replacement - Public Works Department

Mr. Mogan informed the committee that a new engine for the trailer mounted leaf collector unit is needed but would cost approximately $6,000. Considering the age of the equipment, Mr. Mogan recommended that a complete new unit be purchased at an approximate price of $11,000.

The committee recommended approval of an expenditure of $11,000 from the Capital Contingency Fund to purchase a new leaf collector, stipulating that the purchase be initiated through sealed bids.

Questioned by Mr. Tudor as to how the price of $11,000 was arrived at for the equipment, Mr. Hardcastle suggested that the motion be amended to state that the purchase would not exceed $11,000.

Mr. Boaman accepted the amendment to the motion as did the seconder, Mr. Carey.

By a voice call vote, the motion was unanimously approved.

Review of License, Service and User Fees

The committee recommended that all City departments review their license, service and user fees for a possible increase with a report being submitted within two months.

Mr. Roe asked if it was the committee’s wish that a recommended fee increase be submitted or just a list of those fees that should be considered with a recommended fee coming from the committee.

Mr. Richter stated that the committee’s purpose was to have a list of fees submitted, showing the last date of adjustment and a recommended fee increase.

It was noted that the committee also wished to have a list of fines from the Police Department submitted for their review.

By a voice call vote, the recommendation of the committee was unanimously approved.

By motion of Mr. Boaman, seconded by Mr. Hardcastle, the Legislative and Finance Committee Report was approved as submitted.

LONG RANGE PLANNING

Mr. Richter advised Council of a meeting on September 1, 1981 of the Long Range Planning Committee consisting of Councilmen Richter and Boaman. The committee unanimously recommended that budgets be prepared for three years in advance by each department head as a practical tool to match revenues with expenses and help structure the revenues in a desirable manner.

Mr. Richter stated that the committee would like to meet with each department head to review what will be expected in the budget projections.

Mr. Richter moved for the recommendation of the Long Range Planning Committee, seconded by Mr. Boaman and unanimously carried.

Mayor McDonough pointed out that the committee report indicates that a meeting will be held during the third week of October with all department heads in attendance.

AMENDMENT TO ZONING TEXT - SECTION 8, PERMITTING BARBER SHOPS AND BEAUTY SHOPS IN THE MOBILE HOME PARK ZONE

Mr. Roe explained that section 8, paragraph 8.16 of the Zoning Text, only allows for a management office, laundry facilities and a community building in a mobile home park zone. The proposed amendment would add a subsection (e) permitting barbershops and beauty shops.

It was pointed out that the request for an amendment to the zoning text must be referred to the Planning Commission and a public hearing held by Council.

Mr. Richter moved that the matter be referred to the Planning Commission and a public hearing held on October 13, 1981 at 7:45 p.m. The motion was seconded by Mr. Witt and unanimously carried.

REZONING REQUEST - 151 ROOSEVELT AVENUE (RIVERSIDE TRAILER PARK) DALE R. & FAYE M. SIPPLE

A rezoning request was received from Dale R. & Faye M. Sipple to rezone 151 Roosevelt Avenue (Riverside Trailer Park) from a present zoning of R-8 to MHP. 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 by a vote of six (6) yes, (Mr. Bewick and Mr. Carson 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 151 Roosevelt Avenue (known as Riverside Trailer Park) 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 13, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to MHP that property located at 151 Roosevelt Avenue (known as Riverside Trailer Park), owned by Dale R. and Faye M. Sipple.

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

ADOPTED: SEPTEMBER 14, 1981

CORRESPONDENCE

Wesley United Methodist Church - Yard and Bake Sale

A request was received from the Wesley United Methodist Church to hold a yard and bake sale on September 19, 1981 from 10:00 a.m. to 4:00 p.m. The request asked permission to block off that portion of The Plaza of Loockerman Street in front of the Wesley Educational Building.

Mr. Hardcastle moved for approval of the request, seconded by Mr. Carey and unanimously carried.

Mr. Nicholas Giuliano - Electric Billings

A letter was received from Mr. Nicholas Giuliano requesting that Council review his electric billings that have been excessive for the past few years. In his letter he explained that his home is also heated electrically.

Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Hardcastle and unanimously carried.

VACATION REQUEST - MR. JACK ROE

A request for vacation by Mr. Jack Roe was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.

Mr. Witt moved that Council adjourn into executive session to discuss personnel matters, seconded by Mr. Boaman and unanimously carried.

MEETING ADJOURNED AT 8:10 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of September 14, 1981, are hereby approved.

JOSEPH M. MCDONOUGH

                                                                        MAYOR

September 22, 1981

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