REGULAR MEETING
August 10, 1981
The Regular Meeting of Council was held on August 10, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Mogan requested an additional agenda item to discuss an addition to the City Personnel Rules and Regulations.
Mr. Witt requested an additional agenda item to discuss the trash ordinance.
Mr. Boaman requested that item #7 (Public Hearing to Consider Amendments to the Police Pension Plan) be deleted.
The Deputy Solicitor requested that item #6 (Public hearing to consider the approval of an ordinance that would adopt a complete recodification and indexing of the City of Dover Code) be deleted.
Ms. Hickey explained that various mistakes have been found in the printing of the recodification; therefore, additional time will be needed to correct same.
SECOND DISTRICT SPECIAL ELECTION RESULTS OF JULY 30, 1981
City Clerk Willis reported the following results of the Special Election held for the Second District, on July 30, 1981 to fill a vacancy caused by the resignation of former Councilman Francis R. Weyandt.
Gloria Lynn Dill - 87
Elmo Hackett - 153
Grover Johnson - 330
Robert H. Tudor - 637
Total Vote - 1,208
Mr. Witt moved to approve the results of the Special Election as certified by the Election Judges. The motion was seconded by Mr. Bewick and unanimously carried.
OATH OF OFFICE - ROBERT H. TUDOR - SECOND DISTRICT
The Honorable William G. Bush, III, Judge of the Superior Court, administered the oath of office to Robert H. Tudor.
Mayor McDonough welcomed Councilman Tudor to the Council of the City of Dover.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 27, 1981
Mr. Witt noted that the minutes indicate an attachment that was not included in the Council packet.
Mr. Roe explained that City Solicitor Rodriguez prepared a four page opinion covering the various procedures and the public hearing that was held for the Richardson Tract rezoning. The Solicitor stated that the opinion is not necessarily a part of the Minutes but should be made an attachment thereto.
By motion of Mr. Hardcastle, seconded by Mr. Carey, the minutes of the Regular Council Meeting of July 27, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
TRASH ORDINANCE AND RECYCLING
Mr. Witt advised Council of personal research and countless telephone calls from citizens who are completely confused by the method of trash collection initiated due to recycling.
Mr. Witt moved to direct the City Manager to return to the pre-July 1st methodology of trash pick-up for a sixty day period. The motion was seconded by Mr. Boaman.
Mr. Tudor felt that the educational program on recycling was insufficient prior to implementation, resulting in total confusion. He cited the concept of requiring citizens to separate cans, irregardless of the type of can such as aluminum, steel, etc. This practice has only caused extra work for City personnel.
Mr. Witt emphasized that he is not suggesting that the ordinance or fee be revoked but that implementation of mandatory recycling be deferred for 60 days.
Mr. Boaman stressed his concern over any reconsideration of the trash collection fee as this income was utilized in deriving the City’s projected budget.
Mr. Witt reiterated the intent of his motion to return to the collection status prior to July 1st, with no enforcement of the ordinance for the next 60 days. Approval of his motion would have no affect on the trash collection fee.
Mr. Hardcastle called for the question on the motion.
Mayor McDonough felt that adaption of an ordinance such as this would require a public hearing prior to adoption. Deputy Solicitor Hickey concurred with Mayor McDonough, stating that Mr. Witt’s motion would not simply defer enforcement of the present ordinance, but would actually amend the ordinance, not requiring recycling for 60 days. Since it is Council’s policy to adopt all ordinances by public hearing, with an amendment being adopted by ordinance, it was her opinion that consideration of approval of Mr. Witt’s motion would require a public hearing.
Mr. Bewick moved to amend the motion to set a public hearing for August 24, 1981 at 7:45 p.m. to consider modification of the ordinance. The amendment was seconded by Mr. Boaman.
Mr. Witt called for the question on the amendment. By a unanimous roll call vote, the call for the question was approved, eliminating any further discussion on the amendment.
By a roll call vote of six (6) yes, one (1) no (Mr. Richter), the amendment was approved.
Mr. Witt called for the question on the main motion. By a roll call vote of six (6) yes, one (1) no (Mr. Richter) the main motion was approved.
PUBLIC HEARING - REZONING - 140 SOUTH STATE STREET - JAMES AND PATRICIA SCOTT
A public hearing was duly advertised for this time and place to consider rezoning property located at 140 South State Street, owned by James and Patricia Scott, for the purpose of a residence and gift accessory shop. Mayor McDonough declared the hearing open.
Mr. James Scott was present explaining the location of his property and describing the type of businesses surrounding his property.
Mayor McDonough declared the hearing closed.
Mr. Boaman moved for approval of the rezoning, seconded by Mr. Witt. 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 140 SOUTH STATE 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-0 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-0 to C-2 on that property located at 140 South State Street, owned by James and Patricia Scott.
ADOPTED: AUGUST 10, 1981
PUBLIC HEARING - DEMOLITION OF 27 NORTH QUEEN STREET - DANGEROUS BUILDING ORDINANCE
A public hearing was duly advertised for this time and place to consider the demolition of 27 North Queen Street, under the Dangerous Building Ordinance, owned by the John Mosley Estate.
Mayor McDonough declared the hearing open.
Mr. Joseph Burden of 941 Lincoln Street was present to speak against the demolition, stating that he is in the process of renovating the property to conform with the City Code.
Mr. Roe reported conversations with Mr. Burden, advising Council that Mr. Burden has repaired several houses within the City. However, he suggested that Council set a definite date for completion of the renovations.
Mr. Roe showed several slides depicting the various violations of the Building Code, including electrical and plumbing.
Mr. Harry Carney of 24 North Queen Street, a property in close proximity to 27 North Queen Street, voiced concern in the period of time that it would take to renovate the structure.
Mayor McDonough declared the hearing closed.
Mr. Witt suggested that the Legislative and Finance Committee consider a performance bond in cases where demolition is postponed and renovations are planned within a certain time period.
Mr. Hardcastle moved to delay the demolition of 27 North Queen Street, stipulating that the building conform with City codes by November 9, 1981. The motion was seconded by Mr. Boaman and unanimously carried.
Mayor McDonough informed those present that Mr. Roe would submit a progress report on the renovation during the Regular Meeting of November 9, 1981.
PUBLIC HEARING - PARKING METER AND PERMIT PARKING ORDINANCE - S. BRADFORD STREET - FORMER PARKING AUTHORITY LOT
A public hearing was duly advertised for this time and place to consider an ordinance providing for parking meters and permit parking on South Bradford Street, site of the former Dover Parking Authority lot.
Mayor McDonough declared the hearing open.
Mr. Mogan explained that the City became responsible for the former Dover Parking Authority lot as of July 1, 1981. At present there are approximately 20 individuals interested in reserving permanent parking. At this point, fees have not been established.
Mr. Boaman suggested that the fee on the South Bradford Street lot be established for at least $10 since that feasibility was initiated primarily for customer parking. He felt that the $10 fee would discourage employees in the downtown area from utilizing parking spaces.
Mr. Witt reminded those present that the Parking Authority was charging $12 per month for permit parking. Mayor McDonough declared the hearing closed.
After thoroughly discussing the mater, it was generally felt that permit parking should remain at $12 per month but not be a part of the amended ordinance so that a fee change would not require an additional amendment.
Mr. Boaman moved that the matter be referred to the Safety Advisory Committee, recommending that an ordinance be drawn designating permit parking on the northern-most perimeter of the lot and metered parking on the remaining spaces, incorporating a $5 fine for violations. In addition, remove the restriction for a two hour parking limit in the metered section. Metered parking will not be enforced on Sundays or holidays. A public hearing will be held on August 24, 1981 at 7:45 p.m. to consider adoption of same. The motion was seconded by Mr. Witt and unanimously carried.
UTILITY COMMITTEE APPOINTMENT
Mayor McDonough presented the name of Councilman Robert H. Tudor to serve, on a permanent basis, as a member of the Utility Committee, thanking Mr. Boaman for his temporary services.
The Utility Committee now consists of Councilman Bewick (Chairman) and Councilmen Richter and Tudor.
By motion of Mr. Witt, seconded by Mr. Hardcastle, the appointment was unanimously approved.
POLICY CHANGE - WORKMEN’S COMPENSATION - OFFICER MICHAEL MCCUSKER
Mr. Boaman informed Council that City Police Officer Michael McCusker was struck by a car on U.S. Route #13 northbound on February 1, 1981, in the line of duty. At present, Officer McCusker is recuperating from an operation and it is expected that his recovery will involve a period of several weeks before returning to active duty.
From February 1, 1981 through April 8, 1981, Officer McCusker received his regular weekly salary plus a workmen’s compensation check which was turned over to the City. On April 8, 1981 the officer’s regular weekly salary from the City was discontinued, resulting in a payment only from workmen’s compensation, which represents 60% of his salary and no more than $175 per week. It will be necessary that the officer pay his Blue Cross, pension contribution and Safeco from this compensation.
Mr. Boaman felt that the City has a moral obligation to Officer McCusker since the injury occurred in the line of duty and negligence cannot be proven.
He therefore moved that Officer Michael McCusker be compensated for the difference between the 60%, or $175 per week, workmen’s compensation payment and his regular salary, retroactive from April 8, 1981 until such time as he returns to active duty or retires. If Council approves this action, workmen’s compensation payments would be reverted back to the City. The motion was seconded by Mr. Hardcastle.
Mr. Mogan stated his opposition to the motion in that he did not feel that Council should create incentives for workmen’s compensation payments. He felt that previous action by Council on like situations has opened the door for a flood of this type of request. If the request is granted, he suggested that Council incorporate a provision that the officer cooperate fully with the City in going against the third party to obtain damages.
Mr. Boaman objected, stating that it was the officer injured, not the City, and he did not feel that the City should interfere with any action by the officer to obtain damages.
Questioned by Mayor McDonough, Chief Klenoski stated that the person involved was not charged at the time of the accident but Officer McCusker has initiated a suit against the driver of the vehicle.
Mr. Boaman felt that Council should handle like situations on a case by case basis, taking into consideration whether the person involved was negligent and acted in the line of duty.
Questioned by Mr. Bewick, Deputy Solicitor Terri Hickey stated that it would be possible that the City could initiate a suit against the third party to recoup any wage payments.
Mr. Hardcastle called for the question.
By a unanimous roll call vote, Mr. Boaman’s motion was approved.
Mr. Boaman moved that the present City policy on workmen’s compensation versus full salary payments be referred to the Legislative and Finance Committee to develop restraints for employees who are injured in the line of duty. The motion was seconded by Mr. Witt and unanimously carried.
ADDITION TO CITY PERSONNEL RULES AND REGULATIONS
Mr. Mogan requested that the following section be added to the Personnel Rules and Regulations Handbook:
An employee absent without leave for a period of three days is considered to have abandoned the job and may be replaced.
The employee may reapply for the job but if rehired, would have lost all benefits attached to time worked for the City.
Mr. Witt moved that the matter be referred to the Legislative and Finance Committee, seconded by Mr. Richter and carried with Mr. Boaman voting no.
As per the agenda, Mayor McDonough announced that the Council would recess into executive session to discuss personnel matters. (9:00 p.m.)
Council reconvened at 11:35 p.m. and immediately adjourned.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 10, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
August 17, 1981
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