REGULAR MEETING
July 13, 1981
The Regular Meeting of Council was held on June 13, 1981 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Boaman, Hardcastle, Carey, Witt and Carson. Councilman Richter was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
City Manager Mogan requested additional agenda items as follows:
1. An executive session after adjournment to discuss personnel matters
2. A resolution to borrow funds for the Water and Sewer Account
3. A resolution to borrow funds for the Robbins Hose Company
4. A request for personnel replacement
PROCLAMATION - TENT TROUPE - SAINT LUKE LUTHERAN CHURCH
The following Proclamation was approved by motion of Mr. Hardcastle, seconded by Mr. Boaman:
WHEREAS, Saint Like Lutheran Church of Silver Springs, Maryland, recognized the importance of an expression of faith in Jesus Christ and founded “Tent Troupe”; and
WHEREAS, Tent Troupe, the only traveling summer tent theater in America, is composed of twenty especially talented high school students; and
WHEREAS, Tent Troupe, is a community of young people living together, sharing, loving, caring and giving as an expression of their faith in Jesus Christ; and
WHEREAS, Tent Troupe is using the medium of drama to reach others through a Christian lifestyle; and
WHEREAS, Tent Troupe performs in two shows daily with the hope of providing enjoyable thought-provoking shows; and
WHEREAS, The Resurrection Lutheran Church of Lebanon, Ohio, recognizes the contribution the Tent Troupe provides to the families of this community,
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR of the City of Dover, Delaware, on behalf of the Council of the City of Dover, Delaware do hereby proclaim Wednesday, July 1, 1981, as TENT TROUPE DAY and invite all citizens of the City of Dover to support this worthwhile community effort and make it possible for this group to keep this unique ministry going.
ADOPTED: JULY 13, 1981
RESOLUTION - MONEY TRANSFER AGREEMENT
Mr. Mogan explained that the resolution would enable the City to enter an agreement with the Bank of Delaware, Wilmington Trust Company and Farmers Bank to initiate a wire transfer of funds. This is advantageous to the City since a transfer of funds by check takes approximately five days and decreases income from interest.
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote adopted the following resolution:
WHEREAS, the City of Dover wishes to enter into a Money Transfer Agreement with the Bank of Delaware, Wilmington Trust Company and the Farmers Bank of the State of Delaware.
WHEREAS, the City Clerk of the City of Dover certifies to these banks that the City Treasurer and the City Manager have the authority to execute the Money Transfer Services Agreement on behalf of the City of Dover,
WHEREAS, the City Clerk certifies from time to time, as needed pursuant to a duly adopted City Council Resolution, that the office holders listed on the City’s current list of authorized representatives, a part of the Money Transfer Agreement, are authorized to request money transfer services on behalf of the City of Dover and that any limitations concerning their authority are noted accurately on the list of authorized representatives.
NOW, THEREFORE, BE IT RESOLVED, that the foregoing resolution shall continue in full force and effect until a certified copy of a subsequent resolution of the City Council of the City of Dover, modifying or rescinding the above resolution, shall have actually been received by each bank mentioned above,
BE IT FURTHER RESOLVED, that only the following three office holders are authorized to make wire transfers on behalf of the City of Dover: 1) City Treasurer 2) City Manager 3) Finance Director
ADOPTED: JULY 13, 1981
RESOLUTION - DR. CRAIG A STONESIFER
By motion of Mr. Witt, seconded by Mr. Carey, Council by a unanimous roll call vote adopted the following resolution:
WHEREAS, on July 1, 1981 Dr. Craig A. Stonesifer and his wife, when driving on Persimmon Tree Lane, noticed smoke coming from the residence of Peggy Barbone; and
WHEREAS, in the absence of any fire engineers or signs of alarm, Dr. Craig A. Stonesifer entered the home, found Mrs. Barbone amongst the heavy smoke which had already accumulated and led her to safety; and
WHEREAS, Dr. Stonesifer displayed great courage by involving himself and risking his life in order to assure that any occupants of the house would be saved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their pride and gratitude to Dr. Stonesifer for his valiant and successful efforts in saving the life of Mrs. Barbone.
2. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Dr. Craig A. Stonesifer.
ADOPTED: JULY 13, 1981
Dr. Craig A. Stonesifer and Mrs. Stonesifer were present to receive the resolution and words of gratitude from Mayor McDonough.
Chief Boyer emphasized the dangers of firefighting and offered his thanks to Dr. Craig A. Stonesifer for the assistance rendered.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 22, 1981
By motion of Mr. Witt, seconded by Mr. Carey, the Minutes of the Regular Council Meeting of June 22, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
Mr. Witt moved that former Councilmen be permitted to receive the Minutes and financial statements upon request for a period of two or three months per request. The motion was seconded by Mr. Carey and carried by a vote of five (5) yes, one (1) no (Mr. Boaman).
ADOPTED OF MINUTES - SPECIAL COUNCIL MEETING OF JULY 6, 1981
The Minutes of the Special Council Meeting of July 6, 1981 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt, and bore the written approval of Mayor McDonough.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 6, 1981 at 8:00 p.m. with Chairman Hardcastle presiding.
Traffic Engineering Study - Whiteoak Road - Speed Limit - Vicinity of Park Entrance
Chief Klenoski reported a recommendation of the Division of Highways, State of Delaware, that the 30 mph speed limit presently maintained on Whiteoak Road between U.S. Route #13 and the City Park be maintained. The Division of Highway further recommended that the 30 mph speed limit be extended from where it currently terminates, just west of the City Park entrance, to a point 100' east of the entrance.
The committee recommended approval of the speed limit as aforementioned.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Chief Klenoski stated that he would inform the Division of Highways of Council’s action approving the extension of the 30 mph speed limit to a point 100' east of the entrance.
Yellow Curb - In Front of Holden & Mundy - South Governors Avenue
Chief Klenoski informed the committee of a yellow curb located in front of Holden and Mundy, on South Governors Avenue, that is not covered by an ordinance. For purposes of enforcement, he recommended that the yellow curb be maintained and an ordinance drawn.
The committee recommended approval of Chief Klenoski’s recommendation.
Mr. Hardcastle moved that an ordinance be drawn for enforcement of the yellow curb and that a public hearing be held on July 27, 1981 at 7:45 p.m. In addition, the City Solicitor is to compile an ordinance that would incorporate a penalty for anyone arbitrarily painting a curb yellow. The motion was seconded by Mr. Boaman and unanimously carried.
Mr. Hardcastle moved for acceptance of the report as submitted, seconded by Mr. Boaman and unanimously carried.
PUBLIC HEARING - REZONING - 24 THE GREEN - CHARLES D. CAREY
A public hearing was duly advertised for this time and place to consider rezoning property at 24 The Green, owned by Charles D. Carey for the purpose of office buildings or apartments. Mayor McDonough declared the hearing open.
Mr. Terry Jackson, Architect for the proposed garage/apartment project, requested that the following letter from the Friends of Old Dover, Inc., to Mr. Jack T. Roe, Planner, be read into the record:
“Dear Mr. Roe:
The Executive Committee of the Friends of Old Dover has directed that I inform you that we have no objection, per se, to Mr. Carey’s intention to construct a garage-apartment on the subject premises. It is, however, unfortunate that the current Zoning Ordinance requires such rezoning in order to permit the aforementioned use. As a matter of policy and in the interest of the preservation of the integrity of the Historic District, the Friends of Old Dover do oppose the redesignation, on a per application basis, of any portion of the present Zoning Map, as it applies to the Historic District, from residential to commercial. Such spot rezoning can seriously affect the aesthetic quality of the Historic District; conceivably an owner could assert the right to utilize the rezoned premises for any use permitted within the new commercial zoning classification. For example, the owner of the subject premises could conceivably construct a 6 story apartment building thereon. Mr. Carey has indicated, in a letter to the undersigned, a copy of which is attached, that he has no intention of so doing, and we are herewith requesting that you read this letter and the aforementioned enclosure into the record at the public hearing on July 13th, a procedure which will best assure that the proposed amendment to the Zoning Map was accomplished in contemplation of a specific proposed and limited use of the premises. Thank you for your cooperation in this matter.
Very truly yours,
Joseph Whitmore Maybee, President”
Mr. Jackson also read the following letter into the record, from Mr. Charles D. Carey, owner of the property to Mr. Joseph Whitmore Maybee, President of the Friends of Old Dover:
“Dear Mr. Maybee:
With regard to our conversation of Friday on the above, I regret that the publicity has confused the issue.
With the removal of the old barn, it is our intention to build a garage storage and workshop with an apartment on the second floor. Should an addition be added to the structure at some future date, it will not exceed three stories in height.
As soon as Mr. Terry Jackson has completed the elevation of the proposed structure, I will be glad to stop by with a copy of the rendering to discuss it with you.
Sincerely,
Charles D. Carey”
In behalf of his client, Mr. Jackson requested that the zoning be approved.
Questioned by Mr. Bewick, Mr. Saxton stated that a C-2A zoning is a proper category and would conform with the construction of a garage/apartment installation and the size of the property.
Mayor McDonough declared the hearing closed.
By motion of Mr. Hardcastle, seconded by Mr. Boaman, Council by a unanimous roll call vote, (Mr. Richter absent) adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 24 THE GREEN.
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 and C-3 to C-2A.
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 & C-3 to C-2A on that property located at 24 The Green, owned by Charles D. Carey.
ADOPTED: JULY 13, 1981
REZONING REQUEST - 140 S. STATE STREET - JAMES AND PATRICIA SCOTT
A rezoning request was received for property located at 140 S. State Street, owned by James and Patricia Scott for the purpose of a home ad gift accessory shop. 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 (with Mr. Richter absent) 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 140 S. State Street are presently zoned for RG-0 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 August 10, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-0 to C-2 that property located at 140 S. State Street, owned by James and Patricia Scott.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JULY 13, 1981
REZONING REQUEST - COUNTY ROAD #156 (MCKEE ROAD) - BEULAH LLOYD
A request was received to rezone property located at County Road #156 (McKee Road) owned by Beulah Lloyd, for the purpose of a double-wide modular. Prior to amending the zoning map and zoning ordinance of the City of Dover a public hearing is required.
Mr. Boaman moved that the rezoning be referred to the Planning Commission on July 20, 1981 and that a public hearing be held on August 10, 1981 at 7:45 p.m. The motion was seconded by Mr. Carey.
Questioned by Mr. Hardcastle and Mr. Witt, Mr. Saxton stated that the property is located on the west side of McKee Road, between College Road and Dennys Road. The portion on McKee Road is very narrow but opens up into a larger segment of land to the west.
Questioned by Mr. Bewick, Mr. Saxton stated that the owner wishes to install a double wide modular and if rezoned MHP, would be permitted to install additional mobile homes.
By a vote of three (3) yes, (Mr. Boaman, Mr. Carey and Mr. Carson) with Mr. Richter absent, the motion referral to the Planning Commission and a public hearing failed.
CORRESPONDENCE
Petition for Sewer and Water Service - Whiteoak Road
A petition was received with five signers for sewer and water service on the Whiteoak Road.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
Request to Purchase City Land - Route #113 & Kitts Hummock Road
Mr. Wayne Mills, RD 3 Box 82, Dover, requested that Council consider discussing his purchase of City-owned property located on Rt. #113 at the intersection of the Kitts Hummock Road.
Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Carey and unanimously carried.
RESOLUTION - WATER AND SEWER FUND BORROWING
Mr. Mogan presented a resolution that would enable the City to borrow a sum of $500,000 to offset a deficit created by the 1979/80 and 1980/81 budget.
Mr. Mogan advised Council that the loan will be paid each year with a loan of possibly $500,000 the second year and $100,000 the third year.
By motion of Mr. Bewick, seconded by Mr. Carey, Council by a unanimous roll call vote (Mr. Richter absent) adopted the following resolution:
WHEREAS, the City of Dover needs to borrow the sum of $500,000 to be deposited in the Water and Sewer Fund, created by 1979/80 and 1980/81 deficit, for the purpose of meeting current financial needs; and
WHEREAS, the City of Dover shall repay this loan on or before June 30, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. That the City of Dover shall borrow the sum of $500,000 to supplement the Water and Sewer Fund for the purpose of meeting current financial needs which loan shall be repaid on or before June 30, 1981.
2. That the City Manager is authorized to secure a loan in the amount of $500,000 at the best possible terms.
ADOPTED: JULY 13, 1981
RESOLUTION - $300,000 LOAN - ROBBINS HOSE COMPANY - ALTERATIONS AND REPAIRS TO FIRE STATION
Mr. Mogan advised Council that the borrowing of $300,000 for the Robbins Hose Company to perform alterations and repairs to the fire station would basically be carried for a 20 year period. However, he recommended that the $300,000 be borrowed for a period of one year with future borrowing under the Capital Fund after the period of time.
Mr. Witt explained hat the money would be utilized for repairs and alterations to the Robbins Hose Fire Station that is deteriorating rapidly in certain sections. It was his opinion that the Robbins Hose Company does have the ability to pay the interest and principle on the loan based on their present income; however, he felt that all financial records of the Robbins Hose Company should be made available for review.
Carlton Carey, President of the Robbins Hose Company, was present advising Council that it is important that the financial preparations for the alterations and repairs to the fire station proceed due to costs that might be incurred because of delays. He informed Council that if the resolution for the borrowing at $300,000 was approved tonight, red tape involved in awarding the final contract and obtaining the loan would take at least two months, or as planned - September 1st.
Mr. Bewick moved that the City Manager work out a financial arrangement in a suitable manner so that Robbins Hose Company can proceed with modifications that are required with the stipulation that all interest and principle be the responsibility of the fire company. The motion was seconded by Mr. Hardcastle and by a unanimous roll call vote (Mr. Richter absent), Council adopted the following resolution:
WHEREAS, the City of Dover needs to borrow the sum of $300,000 so that Robbins Hose Company can make necessary alterations and repairs to its present structure, and
WHEREAS, the City of Dover shall repay this loan on or before July 31, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. That the City of Dover shall borrow the sum of $300,000 so that the Robbins Hose Company can make the necessary alterations and repairs to its present structure, which loan shall be repaid on or before July 31, 2001.
2. That the City Manager is authorized to secure a loan in the amount of $300,000 at the best possible terms.
ADOPTED: JULY 13, 1981
PERSONNEL REPLACEMENT - TRASH AND WATER/SEWER DEPARTMENT
In accordance with Council’s mandate that personnel lost through attrition or resignation be approved by the legislative body, Mr. Mogan requested authorization to replace one person in the Trash Department and one in the Water Department, with same leaving the employment of the City of Dover. Council’s mandate prescribed a total employment of 327. At present there are 325 civilian employees.
Noting the necessity of Council approval for new hires, Mr. Bewick moved to refer the matter to the Legislative and Finance Committee for a final decision. The motion was seconded by Mr. Boaman.
Mr. Witt felt that it was Council’s intention at the time of budget approval that the work force would be reduced through normal attrition. He said that it appears that reducing the work force through attrition might damage some of the services of the City; therefore, he suggested that Council decide where the attrition will occur.
Mr. Witt stated no objection for referral of this matter to the Legislative and Finance Committee, but he hoped that if the committee recommended certain areas where attrition will occur that Council would abide by the recommendation.
Mr. Mogan stated that there will be times where attrition occurs and administratively he would decide no to fill the opening. He did feel that Council should give him a little leeway to perform his duties.
Mr. Hardcastle called for the question on Mr. Bewick’s motion for referral to the Legislative and Finance Committee.
By a roll call vote of two (2) yes, four (4) no (Mr. Hardcastle, Mr. Carey, Mr. Witt and Mr. Carson) with Mr. Richter absent, the motion failed.
Mr. Hardcastle moved to approve the authorization for the City Manager to replace one employee in the Trash Department and one in the Water and Sewer Department. The motion was seconded by Mr. Carey.
By a roll call vote of three (3) yes, three (3) no (Mr. Bewick, Mr. Boaman and Mr. Witt) with Mr. Richter absent, the motion failed.
Mr. Witt moved that the City Manager be authorized to replace any personnel, through attrition, from a G-8 grade to the lowest grade without prior Council approval. The motion was seconded by Mr. Carson.
Explaining the intent of his motion, Mr. Witt stated that he felt that he is spending his time making an administrative decision.
Mr. Boaman moved to amend the motion to request a prioritized list from the City Manager indicating where manpower can be reduced with the least harm to City services. The motion was seconded by Mr. Bewick.
In the discussion that followed, Mr. Boaman felt that Mr. Witt’s motion removed the intended authority of Council to approve replacement of any personnel through attrition. Stating his non-support of Mr. Witt’s main motion, Mr. Boaman withdrew his amendment, as did Mr. Bewick his second.
Mr. Witt’s motion to authorize the City Manager to replace personnel at a G-8 level and below failed by a roll call vote of four (4) no, two (2) yes (Mr. Witt and Mr. Carson) with Mr. Richter absent.
Mr. Boaman moved that the Council request the City Manager to compile a prioritized list of the positions that the City can afford to lose; said list to be available at the next Legislative and Finance Committee meeting and at this time authorize the replacement of an employee in the Trash Department and an employee in the Water Department. The motion was seconded by Mr. Hardcastle.
By a roll call vote of four (4) yes, two (2) no (Mr. Carey and Mr. Carson) with Mr. Richter absent, the motion was approved.
Mr. Witt moved for adjournment into executive session, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 13, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
July 20, 1981
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