REGULAR MEETING
August 24, 1981
The Regular Meeting of Council was held on August 24, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Hardcastle, Tudor, Carey, Witt, Carson and Richter. Councilman Boaman was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Mogan requested a brief executive session following adjournment of the Regular Council Meeting to discuss personnel matters.
Mr. Witt requested an additional agenda item to discuss a citizen action complaint.
APPOINTMENT - COUNCILMAN RICHTER - LEGISLATIVE AND FINANCE COMMITTEE
Mayor McDonough presented the name of Councilman Richter to serve as a permanent member of the Legislative and Finance Committee.
Mr. Witt moved for approval of the appointment, seconded by Mr. Carey and unanimously carried.
DOVER, DELAWARE BIG LEAGUE BASEBALL TEAM - EASTERN REGION CHAMPIONS
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote adopted the following resolution:
WHEREAS, the Dover, Delaware Big League Baseball Team, consisting of players from Dover, Camden, Wyoming, and Middletown, compiled an outstanding record in the 1981 season, and
WHEREAS, the Dover, Delaware Big League Baseball Team became Eastern Region Champions, and
WHEREAS, the Dover, Delaware Big League Baseball Team played in the Big League World Series in Fort Lauderdale, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover wish to extend their congratulations to the players of the Dover, Delaware Big League Baseball Team for achieving the status as Eastern Region Champions and playing in the Big League World Series.
2. The Mayor and Council direct the City Clerk to make the Resolution a part of the permanent records of the City of Dover.
ADOPTED: August 24, 1981
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 10, 1981
By motion of Mr. Bewick, seconded by Mr. Carson, the Minutes of the Regular Council Meeting of August 10, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
CITIZEN COMPLAINT - HOT MIX PATCHING CREW
Mr. Witt reported a citizen complaint that seven City employees were patching the street on North Bradford Street; five of them standing and two working.
After inquiring with the City staff; Mr. Witt stated that he received a report that it takes four men to excavate the area to be repaired and three to place the hot mix. He said that it would seem that the hot mix crew arrived before the area to be repaired was excavated.
He was not satisfied with the aforementioned explanation and was advised by Mr. Mogan that the matter would be investigated for further details to be reported to Mr. Witt.
MONTHLY REPORTS
Chief of Police Report for the Month of July
The Chief of Police Report for the month of July was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Building Inspector and Fire Marshal Report for the Month of July
The Building Inspector and Fire Marshal Report for the month of July was unanimously approved by motion of Mr. Richter and seconded by Mr. Carson.
City Alderman Report for the Month of July
The Alderman reported fines remitted for the month of July in the amount of $731. In explanation of the reduced amount of fines for the month, the report indicated that the second two weeks of July were not posted until August and will appear in the August report.
Questioned by Mr. Witt, Mr. Willis stated that the complete report was not available due to vacation schedules.
Mr. Carey moved for approval of the City Alderman’s report as submitted, seconded by Mr. Richter and carried with Mr. Witt voting no.
General Operating Fund, Cash Receipts Report for the Month of July
The General Operating Fund, Cash Receipts Report for the month of July was unanimously approved by motion of Mr. Richter, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of June
Mr. Witt questioned an expenditure in the Trash Department of $20,500 for the month of May and the increase to $54,557 in the month of June.
Mr. Mogan stated that he did not have those figures at his finger tips but would compile the information for a report to Mr. Witt.
Mr. Witt also presented a comparison of expenditures in May and the month of June for the Street Department, Building and Grounds Department, the Library and the Police Department. He said that it would appear theat someone was trying to spend up the remainder of the various budgets in the month of June although he had no foundation for his statement.
Mr. Witt moved that the General Operating Fund, Budget Report #12 for the month of June be referred to the Legislative and Finance Committee for further review. The motion was seconded by Mr. Richter and carried with Mr. Carey voting no.
Water/Sewer Fund, Cash Receipts Report for the Month of July
The Water/Sewer Fund, Cash Receipts Report for the month of July was unanimously approved by motion of Mr. Richter, seconded by Mr. Hardcastle.
Water/Sewer Fund, Budget Report for the Month of June
Mr. Richter noted considerable variance in the budget items of the Water/Sewer Fund Budget Report and moved for referral to the Legislative and Finance Committee for review. The motion was seconded by Mr. Witt and unanimously carried.
At this point, Mayor McDonough suspended further action on the monthly reports and moved to the public hearings.
PUBLIC HEARING - INSTALLATION OF SEWER AND WATER MAINS - WHITEOAK ROAD
A public hearing was duly advertised for this time and place to consider the installation of sewer and water mains on the Whiteoak Road. Mayor McDonough declared the hearing open.
Mr. William Davidson, a resident of Whiteoak Road, stated that the water from individual wells is of a quality that is undrinkable and requested City service for the approximate 60 families in the area. Mr. Davidson stated that the sewage is also a problem due to poor drainage but felt, at this point, that water for the young adults and small children is critical.
Mr. Walter Newell, maintenance man for Ms. Ruth Probst, pointed out that sewers are badly needed in the Whiteoak Road area. Mr. Newell also stated that the present water supply will completely deteriorate a water heater and faucets within two years.
Mr. Gary Cox, stationed at Dover Air Force Base, stated that he hauls water from the Base for consumption by his daughters. In addition, he said that a heavy rainfall will cause sewers to run on top of the ground necessitating evacuation of his trailer until the odor subsides.
Remarking on Mr. Cox’s statement, Mr. Carson informed Council that the entire area contains a strata of white clay that is not conducive to perculation. For years, a brick yard was located in the vicinity, utilizing the clay for their product.
Questioned by Mr. Tudor, Mr. Roe stated that the sewer systems do not meet City standards and are considered non-conforming since the date of annexation into the City of Dover.
Mr. Witt suggested that the City of Dover could correct some of the violations of sewer connections to alleviate some of the problems to the residents.
Ms. Ruth Probst, a land owner of seven properties for approximately nine years, stated that she should not have to put out her money to correct the sewage system when the problem could be solved by the installation of City sewers.
Ms. Probst stated that she has more than paid for water and sewer from the City over the years through the necessity of constantly pumping septic tanks and replacing hot water heaters and faucets.
Questioned by Mr. Witt, Ms. Probst stated that she would be satisfied at the present with water service but she would be back for sewer installation.
Mr. Dave Wilson of 441 Whiteoak Road informed Council that his water test revealed a 20% iron content. The iron content and its corrosive qualities has caused him to replace his water heater and water pump at a cost of $650. There is also a possibility that he will have to dig a new well.
Mayor McDonough declared the public hearing closed.
Mr. Hardcastle moved to direct the City to pursue the installation of water on the Whiteoak Road and initiate the advertisement of bids. The motion was seconded by Mr. Carey.
Mr. Mogan stated that the cost of the installation would amount to $147,000 with an approximate return through assessments of $39,420. The cost of return through assessments is grossly effected by the existence of agricultural land that will not be required to pay for the installation until subdivision takes place. It was estimated that the front foot charge would amount to $7 or $8 per linear foot.
It was Mr. Richter’s opinion that the installation of City water would create more pressure for additional development in the area that will increase the sewage problems. His personal observation of the residences revealed that a large percentage are modular that could be moved. Mr. Richter felt that Council should take a hard look at the problems that will be created before making a decision.
Mr. Tudor stated that the City made a mistake in not recognizing the pitfalls of the area before annexation. He added that future growth will produce an additional tax base. Regardless of these facts, he felt that the City has a moral obligation to the residents.
Mr. Witt stated that the City has an obligation through the Charter for the health, welfare and safety of the people living in the area.
Questioned by Mr. Carson, Mr. Mogan stated that the engineering plans call for the extension of water lines to Long Point Road, or approximately 6,700'.
By a roll call vote of six (6) yes, one (1) no (Mr. Richter) with Mr. Boaman absent, Mr. Hardcastle’s motion to approve the installation of water lines on the Whiteoak Road was carried.
PUBLIC HEARING - MODIFICATION OF TRASH AND RECYCLING ORDINANCE
A public hearing was duly advertised for this time and place to consider modification of the trash and recycling ordinance, specifically the requirement for residents to separate solid waste.
Mayor McDonough declared the hearing open.
Mr. Edward Clevenger, President of the Schoolview Civic Association and Acting Chairman of the newly organized Dover Council of Civic Association, addressed Council from a prepared presentation.
Mr. Clevenger referred to a June 22nd petition from the Mayfair/Crossgates Civic Association containing 322 signatures and a petition from Schoolview containing 109 signers, accusing Council of ignoring the documents and that petitions were not considered by members of Council in their decision making process. He felt that the recycling program was adopted and initiated with inadequate public communication. As an example, he stated that residents of Schoolview are completely confused as to when trash or recyclable materials are collected. He recommended that Council abolish the current recycling ordinance, stating that it simply is not working. However, Mr. Clevenger later stated that he had no objections to a recycling concept.
Questioned by Mayor McDonough and Mr. Tudor, Mr. Clevenger could not offer any suggestions on how a recycling program should be operated but stated that there are other members of his organization present who would speak on that subject.
Mr. Jack Fisher of 710 Carol Street, representing the Dover Council of Civic Associations and the North Dover Civic Association, stated that his organization wholeheartedly supports the concept of recycling of usable solid materials. However, his organization is against the method of recycling initiated by Council.
Quoting from an August 1981 report compiled by the Solid Waste Authority, he stated that Doverites will dump 10,764 tons of waste material per year at the Sandtown site. With the cooperation of 100% of the residents recycling, 1,726 tons of recyclable material would be saved. With the cooperation of 50% of the residents of the City, 863 tons of recyclable material would be salvaged with an annual savings of $10,830 in tipping fees. If the City found a market for the recyclable materials, an additional $10,625 in income would be derived, amounting to an annual savings of $21,425.
Mr. Fisher stated that the aforementioned savings in recyclable materials would reduce the present residential rate for trash collection from $66 to $63.58 per year for each household.
Mr. Fisher suggested an improved educational program for residents on recycling and offered the assistance of his Civic Association. Secondly, he felt that assurances need to be given to the citizens that a market exists for the recyclable material.
The North Dover Civic Association requested that the recycling ordinance be tabled or repealed, affording time for Council and members of the Civic Association to work out details of the program.
Mr. Carey reminded Mr. Fisher that if the tonnage of the City of Dover to the Sandtown site was reduced then this would automatically figure an increase in tipping fees.
Mr. Fisher stated that the head of the Delaware Solid Waste Authority informed him that tonnage would have to drop by 20,000 tons plus before a tipping fee increase would be initiated.
Mrs. Diana Oswell of 102 Halsey Road, presented the following petition containing approximately 1,000 signatures:
“To the Dover City Council:
We the undersigned, being residents of the City of Dover do hereby present this petition in opposition to the Ordinance of June 22, 1981, referring to the collection and disposal of solid waste. By this petition, the same residents declare the aforesaid Ordinance to be unconstitutional, excessive in the demands it imposes upon them, and not binding upon those residents who do not wish to contract with the City for waste disposal.
The under signed hereby voice their objections to the said Ordinance upon the following points of contention:
I. That its mandatory fee of sixty-six dollars per annum is tantamount to an unduly levied and exorbitant capitation tax; and
II. That the payment of a mandatory fee would comprise a contract made under duress, not binding by law; and
III. That its mandating of trash separation by the Residents is in violation of the Thirteenth Amendment to the United States Constitution, forbidding involuntary servitude except as punishment for crime; and
IV. That the portion of the property tax already assessed for the collection of residential waste, combined with the mandatory fee and the selling of recyclables comprises an exorbitant, unnecessary and unfair rate for services rendered by the City.
WHEREFORE, the undersigned Residents of the City of Dover hereby petition the Dover City Council for the repeal of the aforesaid Ordinance. Further, they pray that such a repeal shall be undertaken with all due haste.”
Questioned by Mr. Tudor, Mrs. Oswell stated that all of the signatures on the petition were obtained from citizens living within the corporate limits of the City of Dover.
Mrs. Claudia Young of 647 Independence Boulevard was present to speak for the League of Women Voters. Mrs. Young’s statements indicated an opinion that the City’s problems with the recycling program was due to confusion, lack of communication and poor timing. The League felt that there is support for the program from people who have purchased and labeled their trash cans and are now separating their trash.
Mrs. Young stated that she experienced no pests, has found that her trash cans are much lighter through recycling and that separation of trash involved only 10 to 15 minutes per week.
The League of Women Voters contacted 54 active organizations for a meeting held on July 9th where the response was very light due to summer-time activities. The meeting did reveal an acceptance for recycling but also a positive need of communication. Mrs. Young felt that a City mailing, explaining the fee structure and details of the recycling system is of great importance. The mailing could also point out that the fee structure would vary in accordance with the cost and funds derived from the sale of recyclables.
Mr. Jerry Walters of 913 Woodcrest Drive, suggested that regular trash be picked up on Mondays and Tuesdays and recyclables picked up on Thursdays and Fridays. Papers could be bundled and placed on the curbside on Saturdays for schools to collect.
Mr. Barbara Neaton of 17 Meadow Garden Lane, The Hamlet, referred to the $66 per year residential charge for trash pickup and wondered what the City’s projection for trash pickup fees would be next year.
Mr. Mogan stated that he could not answer the question since the City has not had a test period to determine the volume. He suggested a period of six months, allowing the City time to compile statistics.
Mr. Emil Sammack of 515 Westwood Drive, suggested increasing the frequency of pickups for cans and bottles. In addition, he felt that the City must conclude an arrangement for glass disposal.
Mr. Sammack pointed out that garbage is polluting water sources. Landfill methodology of controlling leaching of pollutants has contributed to the costs of tipping fees. In finalizing, Mr. Sammack stated that Dover is wise in taking the lead in recycling involvement and he hoped that Council would continue to attempt a workable program.
Mrs. Andrea Snyder of 111 Rodney Road, stated that it seems that the City is at a crossroads and the only real problem with the recycling program is a workable program. She felt that the City has made a progressive start in the adoption of an ordinance and suggested meetings with various civic organizations to communicate how the program will work. Research reveals that mandatory recycling programs work much better than voluntary programs. Mrs. Snyder appealed to Council to continue the recycling ordinance and suggested more involvement with citizens and civic groups to initiate a workable program.
It was Mr. Witt’s opinion that it is not economically feasible at this time for the City of Dover to become involved in a recycling program.
Referring to the League of Women Voters’ approach to recycling, Mr. Tudor felt that the organization has become very idealistic and not given proper consideration to the cost involved. It was his opinion that the cost would increase to the City and citizens simply because of inflationary trends related to personnel, fuel and equipment.
Mr. Louis Pace, owner and operator of Carlyle Garden Apartment Complex, explained his difficulty in getting apartment residents to separate trash. He was also critical of the City not providing trash collection for apartments due to recycling, forcing owners to engage private collectors at exorbitant costs.
Mr. Jerald Goodman of 44 South Governors Avenue, objected to the fees charged for trash pickup and suggested a property tax increase that is deductible from income.
Mr. Dale Bunch of Townpoint, felt that an individual should not be forced to recycle. He did not feel that a majority of the people in the City desires to participate in a recycling program.
Mr. Durwood Matthews, Vice-President of the Mayfair/Crossgates/Wedgewood/Mayfair II Civic Association, questioned the thought and research by the City in establishing a recycling program. He suggested withdrawal from the present plan and a new approach with a step by step initiation of recycling. Mr. Matthews also suggested approaching the State for financial aid since it was the legislature that created the Solid Waste Authority.
Mr. Arthur Robert of 184 Orchard Avenue suggested placing dumpsters in various locations of the City, allowing those who wished to recycle a source of dumping and those who do not wish to recycle would contribute to the weight being hauled to the landfill, keeping the tipping fee at a minimum.
Another citizens from Townpoint, referred to the bottle bill recently passed by the legislature and the fact that papers will be collected by schools, stating that the only thing left to be collected would be garbage.
Mayor McDonough reminded her that the bottle bill would not relate to food containers, etc.
The resident urged Council to consider those residents who own trash compacters.
Mayor McDonough declared the hearing closed.
Mr. Hardcastle moved that the amended ordinance for recyclables to be considered be modified to read as follows:
“The effect in operation of Section 26-7, Section 26-8 (a) and (b), and that portion of Section 26-10 which requires the separation of recyclables is hereby suspended for a period of sixty (60) days from the date of the adoption of this amendment.”
The motion was seconded by Mr. Carey.
Explaining the reasoning for his motion, Mr. Hardcastle stated that the remaining part of the ordinance amendment would mandate that recycling commence on the 61st day after passage of the amendment.”
Mr. Bewick moved to amend the motion with the following wording, after the sentence “sixty (60) days from date of the adoption of this amendment”:
“and/or until such time as Council agrees that the proposed recycling plan is adequate, acceptable, economically feasible and the public can be properly involved and informed.”
The motion was seconded by Mr. Richter.
As a second amendment to the main motion, Mr. Witt moved that Council be presented, no later than September 10, 1981, with a revised budget of the Trash Department to reflect a two day per week pickup and reflecting the cost reduction that will evolve from the elimination of recycling for sixty days; said report referable to the Legislative and Finance Committee. The motion was seconded by Mr. Carey.
Mr. Bewick and Mr. Hardcastle stated that they did not feel that Mr. Witt’s motion should be a part of the motion to adopt the ordinance.
Mr. Witt withdrew his motion as did Mr. Carey his second.
On Mr. Hardcastle’s call for the question and a unanimous roll call vote, Mr. Bewick’s amendment was carried.
By a unanimous roll call vote (Mr. Boaman absent) Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Chapter 26 of the Dover Municipal Code is hereby amended as follows:
The effect in operation of Section 26-7, Section 26-8 (a) and (b), and that portion of Section 26-10 which requires the separation of recyclables is hereby suspended for a period of sixty (60) days from the date of the adoption of this amendment and/or until such time as Council agrees that the proposed recycling plan is adequate, acceptable, economically feasible and the public can be properly involved and informed.
ADOPTED: August 24, 1981
Mr. Witt moved that an analysis be made of the July and August Trash Department expenditures and a projection based on no recycling be made for the remainder of the fiscal year and presented back to the Legislative and Finance Committee, by September 10, 1981. The motion was seconded by Mr. Tudor and carried by a vote of six (6) yes, one (1) no (Mr. Carey).
Mayor McDonough declared a five minute recess.
Upon reconvening, Mr. Witt noted that Councilman Carey is celebrating his 50th Wedding Anniversary on August 25, 1981.
PUBLIC HEARING - ORDINANCE FOR METERED AND PERMIT PARKING - SOUTH BRADFORD STREET PARKING LOT
A public hearing was duly advertised for this time and place to consider an ordinance that would initiate metered and permit parking on the former Dover Parking Authority Lot, located on South Bradford Street.
Mayor McDonough declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mayor McDonough declared the hearing closed.
By motion of Mr. Bewick, seconded by Mr. Hardcastle, Council by a unanimous roll call vote (Mr. Boaman absent), adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. All ordinances pertaining to the municipal parking lot lying on the west side of Bradford Street known as the Bradford Street known as the Bradford Street Parking Lot are hereby repealed in their entirety.
2. That Dover Municipal Code Section 31-110 shall be amended as follows:
a. The parking area located on the west side of Bradford Street known as the Bradford Street Parking Lot shall be included as one of the areas covered by the Dover Municipal Code Section 31-110. Parking meters may be installed and maintained by City personnel in those portions of this lot as designated by the City. In the remaining portions of the lot as designated by the City with the erection of appropriate signs giving notice thereof, certain spaces may be set apart and utilized as all day parking lots from the hours of 7:00 a.m. to 5:00 p.m. each day except Sundays and holidays by permit of the City of Dover, said permit to be obtained from the City of Dover for such costs as City Council directs the City Manager to charge.
3. The Penalty for violating these parking restrictions shall be $5.00 and any and all other penalties applicable to violations of Dover Municipal Code Section 31-110.
ADOPTED: August 24, 1981
MONTH REPORTS - Continued
Intergovernmental Service Fund, Revenue and Budget Report for the Month of June
The Intergovernmental Service Fund, Revenue and Budget Report for the month of June was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of July
The Electric Revenue Fund, Cash Receipts Report for the month of July was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of June
The Electric Revenue Fund, Budget Report for the month of June was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Improvement & Extension Budget, Cash Receipts Report - June
The Electric Improvement and Extension Budget, Cash Receipts Report for the month of June was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Improvement & Extension Budget Report - June
The Electric Improvement and Extension Budget Report for the month of June was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
City Manager’s Report for the Month of July
The City Manager’s Report for the month of July was unanimously approved by motion of Mr. Richter, seconded by Mr. Carey.
J.P. COURT #7 REPORT FOR THE MONTH OF JULY
A check was received for the month of July in the amount of $6,202.50 from J.P. Court #7.
By motion of Mr. Hardcastle, seconded by Mr. Bewick, the J.P. Court #7 Report for the month of July was unanimously approved.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 17, 1981 at 7:30 p.m. with Chairman Bewick presiding.
Ottawa Building Company - Electric Billing - Mr. LeRoy Klein
Mr. Richter explained that Mr. Klein appeared before the Utility Committee in February of 1981 requesting a refund on electric billings for his residence that was charged under a commercial rate through his failure to notify City Hall. At that time the Utility Committee recommended a refund of $85.72 or for the months of July and August of 1980.
Mr. Richter informed Council that Mr. Klein appeared again before the Utility Committee during their last meeting, requesting an additional reimbursement for at least one more year out of the four years that he was charged under the wrong category.
After hearing the precise details concerning the billing, the Utility Committee recommended that an additional reimbursement be initiated from July 1979 to June 1980 inclusive, amounting to approximately $600.
Mr. Richter moved for approval of the Utility Committee’s recommendation, seconded by Mr. Bewick and carried by a roll call vote of five (5) yes, two (2) no (Mr. Carey and Mr. Witt) with Mr. Boaman absent.
Water - Commercial Establishments Outside the City
The committee was informed of staff recommendations not to recommend a policy that would allow water service to commercial establishments outside the City limits since it would be detrimental to the growth of the City and would discourage annexations, having a direct affect on the tax base.
The committee recommended that a policy not be established to furnish City water to commercial establishments outside the City limits.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Kent County and City of Dover Pumping Station Agreement
The committee was presented with a prepared agreement between Kent County and the City of Dover that, in brief, would provide the following stipulations:
The City will turn over deeds to all real property on which pumping stations are located that would include the pumping station structure.
The pumping station would be operated and maintained by the City of Dover at their sole expense. Said pumping stations will be maintained and operated in accordance with the operating and maintenance procedures and standards of Kent County as promulgated from time to time by the Kent County Levy Court.
Mr. Woods informed the committee that the agreement would provide that the City may get out of the operation and maintenance of the pumping station at any time upon request.
The committee recommended approval of the agreement.
Mr. Bewick moved for approval of the committee’s recommendation, seconded by Mr. Richter and carried with Mr. Witt voting no, (Mr. Boaman absent).
Quarterly Service Call Report - Storer Cable Communications - Improvement of Programming
The committee reviewed the quarterly service call report submitted by Storer Cable Communications and was informed by Mr. Malone, Assistant Manager for Storer Communications, that the company has reduced the time involved in responding to service calls.
Following a statement by Mr. Levitt that on September 1st, channels 2, 10 and 11 will all be carrying the same programs and channels 5, 6 and 13 will all be under the ABC network, the committee recommended that staff devise correspondence to Mr. Clark requesting his efforts to improve programming.
Mr. Bewick moved for the recommendation of the committee, stipulating that the City Clerk devise correspondence to Mr. Clark informing him of Council’s feeling on the quantity and quality of programming in the area. The motion was seconded by Mr. Hardcastle and carried by a roll call vote of four (4) yes, three (3) no (Mr. Witt, Mr. Carson and Mr. Richter) with Mr. Boaman absent.
Mr. Bewick moved for approval of the Utility Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 19, 1981 at 10:00 a.m. with Chairman Hardcastle presiding.
Request for “Children at Play” sign on Queen Street
The committee considered a request for a “Children at Play” sign on Queen Street in front of The Little School. It was noted by the committee that there is presently a stop sign at the intersection with controls speed near The Little School. A similar request was considered and denied some time ago.
It was the recommendation of the committee that no further consideration be given to this request.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Bradford Street Parking Lot - Parking Meters and Permit Parking
Mr. Hardcastle explained that the committee recommended approval of an ordinance to implement parking meters and permit parking on the Bradford Street parking lot, formerly owned by the Dover Parking Authority. It was noted by the Chairman that the public hearing has been held and the ordinance adopted. However, it was the recommendation of the committee that a fee for permit parking be set by Council.
Mr. Witt moved that the fee for permit parking be maintained at $12.00 which was the fee charged by the Dover Parking Authority. The motion was seconded by Mr. Richter.
Mr. Mogan stated his recommendation of a $5.00 fee for uniformity with the fee charged for the municipal lot. Mr. Mogan noted the concern of some Councilmen of this lot being filled with permit parking because of its convenient location, resulting in insufficient parking for downtown shoppers. To alleviate this possibility, he suggested limiting the number of permit parking spaces, leaving sufficient spaces for metered parking.
Mr. Bewick called for the question on the motion, seconded by Mr. Hardcastle.
By a roll call vote of six (6) yes, one (1) no (Mr. Carey) with Mr. Boaman absent, the motion to change $12.00 for permit parking on the Bradford Street parking lot was carried.
Bennett Security - Request to Purchase Guard House from Bradford Street Parking Lot
The committee considered a request from Bennett Security to purchase the guard house which is presently located at the Bradford Street parking lot. Since the City’s meter maid utilizes this facility during inclement weather, it was the recommendation of the committee that no consideration be given to the sale of same at this time.
Mr. Hardcastle moved that Council support the committee’s recommendation to not consider a sale at this time. The motion was seconded by Mr. Carey and unanimously carried.
School Crossing Guards - Capital School District
Chairman Hardcastle reported to the committee that the Capital School District has taken care of school crossing guards for the upcoming school year, with the exception of the following:
1. Fairview Elementary School and Dover High School
2. South Elementary School
The Chief of Police offered to maintain a crossing guard at the intersection of Fairview Elementary School and Dover High School until the State of Delaware has completed installation of a traffic light. (The committee directed Mr. Hodge to contact Mr. Raymond Pusey to inquire into a probable completion date for this project.)
Based on information from the Finance Director that the City has budgeted approximately $6,000 for crossing guards, the committee recommended authorization to expend necessary monies to engage one school crossing guard at the site of the South Elementary School. The school presently utilizes a guard at the site of the South Elementary School. The school presently utilizes a guard at Governors Avenue and one at State Street. It was noted by the committee that approval of their recommendation would eliminate the crossing guard on Governors Avenue.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey. The motion was unanimously carried; however, it was noted that this is the last year that the City of Dover will assist in the crossing guard program.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
TELEVISE COUNCIL MEETINGS - STORER CABLE TELEVISION
Mayor McDonough explained that Mr. Richard Clark, Manager of Storer Cable Television, has offered to televise Council Meetings, on a sample basis. Mayor McDonough requested that Council take a stand on the idea of televising Council Meetings.
Mr. Bewick moved to authorize televising of Council Meetings, seconded by Mr. Witt. The motion was approved by a roll call vote of five (5) yes, two (2) no (Mr. Carey and Mr. Carson) with Mr. Boaman absent.
KENT APARTMENT CONDEMNATION UPDATE
The Building Inspector reminded Council that on March 9, 1981, Council directed that Kent Apartments, located at 30 South New Street, be vacated by March 23, 1981. In addition, they instructed that the facility be secured for six (6) months which would include disconnection of all electric service and other utilities. They further instructed that when the six month period expired that the matter would again come before Council for a final decision on the disposition of the building. Mr. Roe before Council for a final decision on the disposition of the building. Mr. Roe informed Council that this six month period will expire on September 23, 1981 and requested guidance on how Council would like his office to handle the matter.
The City Solicitor stated that it is not necessary to hold another public hearing but suggested that owners be notified of the date that Council will consider the status of this condemnation.
Mr. Witt moved that Mr. Roe contact the property owners by certified mail stating that Council will consider a final decision on the disposition of the building on September 28, 1981, notifying same to be present should they take exception to demolition. The motion was seconded by Mr. Carey and unanimously carried.
REZONING REQUEST - 122 SOUTH KIRKWOOD STREET - ANNA JACKSON PERRY
A rezoning request was received for property located at 122 South Kirkwood Street, owned by Anna Jackson Perry, for the purpose of a sandwich shop. The present zoning is RG-1 and the proposed zoning is C-2.
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 122 South Kirkwood 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 September 28, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-2 that property located at 122 South Kirkwood Street, owned by Anna Jackson Perry.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: August 24, 1981
CORRESPONDENCE
Block Party - Closing of a Portion of Yearsley Drive - September 7, 1981
A request was received from Jackie Harling and Bill Hare for permission to utilize Yearsley Drive for a Labor Day Block Party on September 7, 1981 from 3:00 p.m. to 8:00 p.m. It was noted that emergency vehicles would have no problem using Yearsley Drive should the need arise.
Mr. Witt moved for approval of the request, stipulating coordination of the project with the Fire Marshal, City Manager and Chief of Police. The motion was seconded by Mr. Hardcastle and unanimously carried.
Meeting Adjourned into executive session at 10:55 P.M. Executive session adjourned at 11:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 24, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
August 31, 1981
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