ANNUAL MEETING
May 11, 1981
The Annual Meeting of Council was held on May 11, 1981 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Boaman, Hardcastle, Carey, Weyandt, Witt, Carson and Richter. Mr. Bewick was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested that item #3, “Statement of Financial Matter” be deleted from the agenda.
Mr. Boaman requested that item #14, “Proper Ownership - Tract of Land on Nimitz Road” be deleted from the agenda.
Mayor McDonough requested an additional agenda item to present a Proclamation on the Buddy Poppies sale of the Veterans of Foreign Wars.
PROCLAMATION - VETERANS OF FOREIGN WARS - BUDDY POPPIES SALE
The City Clerk read into the record of the Official Minutes, the following Proclamation:
WHEREAS, The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and
WHEREAS, V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and
WHEREAS, The basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to “Honor the Dead by Helping the Living”; therefore
I, JOSEPH M. MCDONOUGH, Mayor of the City of Dover do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead.
I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 27, 1981
The Minutes of the Regular Council Meeting of April 27, 1981 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Weyandt and bore the written approval of Mayor McDonough.
OATHS OF OFFICE - ELECTED COUNCILMEN
The Honorable William G. Bush, III, Judge of the Superior Court, administered the oath of office to the following Councilmen:
Councilman - First District - John E. Richter
Councilman - Second District - Francis R. Weyandt
Councilman - Third District - Charles L. Witt
Councilman - Fourth District - Fred B. Carey, Sr.
RECESS
Mayor McDonough declared a recess for photographs of the newly installed Council members and Council staff.
ELECTION OF OFFICERS - 1981/82
Vice-Mayor
Mr. Witt moved to nominate Councilman James C. Hardcastle as Vice-Mayor for the year 1981-82. The motion was seconded by Mr. Weyandt and unanimously carried.
City Solicitor
Mr. Weyandt moved that Nicholas Rodriguez be named as City Solicitor for the year 1981-82. The motion was seconded by Mr. Hardcastle and unanimously carried.
Deputy City Solicitor
Mr. Boaman moved that Catherine Hickey by appointed as Deputy City Solicitor for the year 1981-82, seconded by Mr. Witt and unanimously carried.
Chaplain
Mr. Hardcastle moved that the Reverend J.H. Williams be appointed as Chaplain for the year 1981-82, seconded by Mr. Carey and unanimously carried.
Fire Marshal
Mr. Carey moved that Mr. Jack T. Roe be appointed as Fire Marshal for the year 1981-82, seconded by Mr. Witt and unanimously carried.
City Clerk
Mr. Carey moved that William H. Willis be appointed as City Clerk for the year 1981-82, seconded by Mr. Boaman and unanimously carried.
City Treasurer
Mr. Carey moved that William H. Willis be appointed as City Treasurer for the year 1981-82, seconded by Mr. Witt and unanimously carried.
City Alderman
Mr. Boaman moved that William H. Willis be appointed as City Alderman for the year 1981-82, seconded by Mr. Carey and unanimously carried.
Deputy City Alderman
Mr. Weyandt moved that Debrah J. Bittner be appointed as Deputy City Alderman for the year 1981-82, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING - REVENUE SHARING FUNDS
A public hearing was duly advertised for this time and place for the purpose of receiving public input into the use of a revenue sharing grant. Mayor McDonough declared the hearing open.
Mr. Thomas A. Jeter, Jr., representing the Whatcoat Social Service Agency, stated that he hoped that the City plans a budget that would provide a portion of the revenue sharing funds to social organizations. Mr. Jeter stated that Kent County represents one of the highest poverty levels in the State and funds are needed by some organizations to help those that cannot help themselves.
Mayor McDonough informed Mr. Jeter that the City Manager had recommended that revenue sharing funds be diverted to the General Fund. A final public hearing on the subject will be held during the second Council Meeting of June to afford final Council action on the matter.
Mr. Jack Costello, representing Harvest Years Senior Center, stated that his organization could use $5,000 to take the elderly shopping and contribute towards other activities. He objected to the City diverting the entire revenue sharing funding to the General Fund and wondered what the City will do when revenue sharing is no longer available.
Mayor McDonough declared the hearing closed.
PUBLIC HEARING -RESTRICTIVE ORDINANCE - PARKING EAST AND WEST SIDE - S. STATE STREET - KENT GENERAL HOSPITAL
A public hearing was duly advertised for this time and place to consider an ordinance that would restrict parking on the east side of South State Street from Sackarackin Avenue to the north entrance of Holy Cross School and from Hope Street to J. Allen Frear’s driveway on the west side.
Mayor McDonough declared the hearing open.
Reverend Paul Jennings, representing Hold Cross Parish, was present to inquire into the purpose of the parking restriction in the vicinity of Kent General Hospital.
Mr. Weyandt stated that he had witnessed many near accidents in the vicinity of Kent General Hospital and felt that the parking restriction would eliminate traffic flow problems during certain hours of the day which involves traffic generated by Kent General Hospital and Holy Cross School. He stated that the parking restriction, in his opinion, was in the interest of safety of both pedestrian and vehicular traffic.
Reverend Jennings stated his awareness of Kent General Hospital attempting to solve parking inadequacies for employees. He asked if the parking restriction would be on a seven day per week basis, and if so, suggested a five day restriction, emphasizing the fact that Holy Cross has Saturday night and Sunday services. He suggested that this be considered in Council’s final decision.
Mr. Terry Feinour, Director of Support Services for Kent General Hospital, enumerated the future planning of parking improvements at that facility. Mr. Feinour stated that a short and long range study is in the planning stage to arrive at a solution that would alleviate parking problems in the area of Kent General Hospital. Additional parking has been accomplished through re-striping existing lots and creating access to the Fox Building on South Governors Avenue.
Mr. Feinour emphasized that the staff of Kent General Hospital is aware of the parking problems in and around the facility and hope that the City would work in close cooperation with their planning.
Questioned by Mr. Boaman, Chief Klenoski stated that approximately 34 parking spaces would be eliminated due to the proposed ordinance restriction. The hospital will pick up an additional 18 to 20 spaces in their present short-range planning, resulting in the elimination of 14 total spaces in the area.
Questioned by Mr. Feinour as to the use of State Street by ambulances, Mr. Roe stated that the Planning Commission had stipulated the use of Governors Avenue when the ambulance emergency entrance was moved from Governors Avenue to Hope Street. The Planning Commission pointed out, at the time, that State Street contains many blind entrances such as Water Street, North Street and Loockerman Street. In retrospect, Governors Avenue is wider and contains less hazardous intersections. In was understood at the time that the emergency entrance was moved to Hope Street, that Dover Air Force Base and possibly Bowers Beach ambulances would utilize State Street and all others would use Governors Avenue.
Mr. Mogan stated that the ambulance does use State Street for emergency calls to the east of the city. Governors Avenue is still utilized as the main emergency route.
Mayor McDonough declared the hearing closed.
Mr. Weyandt moved that the proposed ordinance be rewritten, restricting parking at all times on the west side of State Street in front of Kent General Hospital, and the restriction on the east side to be modified to allow parking on Saturdays and Sundays; also that a public hearing be set for May 25, 1981 at 7:45 p.m. The motion was seconded by Mr. Boaman and unanimously carried.
Questioned by members of Council, Ms. Terry Hickey stated that it would be necessary for an additional public hearing to amend the proposed ordinance.
Number of Personnel and Salaries - Police Department - 1981-82
Mr. Weyandt moved that the aforementioned item be tabled until such time that additional work is completed on the 1981-82 budget. The motion was seconded by Mr. Carey and carried with Mr. Boaman voting no.
LEGISLATIVE ANF FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 28, 1981 with Chairman Witt presiding.
Ambulance Fee Increase
The committee recommended that ambulance fees be increased to $75 per trip and 50¢ per mile with the use of oxygen being raised to $10. In addition, a waiting fee be established at $11 per hour; the aforementioned rates to become effective July 1, 1981.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Site of Old Pierce Building - Loockerman Street - Dover Parking Authority
Questioned by the committee, Mr. Mogan informed the committee that the City is not presently involved in a project of the Dover Parking Authority, referring to the site of the old Pierce Building, which was recently demolished.
The City Engineer informed the committee that he has submitted an estimate of $1,000 to cover labor and materials for proper storm drainage.
It was Mr. Boaman’s opinion that Council should take action on the installation of proper drainage so that the Parking Authority can end the project.
The committee recommended that Council consider initiation of proper drainage for the lot on Loockerman Street, owned by the Dover Parking Authority.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman.
Mr. Mogan suggested that Council grant $1,000 to Dover Parking Authority to accomplish the work rather than involve the City of Dover in possible liability.
Mayor McDonough informed Council of a meeting between the City and the Parking Authority, scheduled for May 12th, where some of the problems of that body will be discussed.
Mr. Boaman disclosed informed that the Parking Authority would be willing to deed the lot to the City of Dover if that would exclude the liability problem.
Mr. Witt withdrew his motion, stipulating that the item appear on the Council Meeting agenda of May 25th. Mr. Boaman withdrew his second.
Auditor - 1980/81 Fiscal Year
The committee recommended that the audit firm of Manter, Lafferty and Mitten be approved as the auditor for fiscal year 1980/81, stipulating the work be accomplished within a $16,000 overall cost ceiling.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Sale of City Owned Property and Parkland
The committee discussed the possibility of the City disposing of small parcels of land left by developers including dedicated open space. Recognizing possible difficulties in disposing of dedicated open space, the committee recommended that a test case be established for land existing adjacent to Turnbury and Fox Hall.
The land is located at the end of cul-de-sac of Winged Foot Court in fox Hall Plantation, consisting of 1.04 acres. The committee’s intended recommendation is to convey the land to the owners of the Turnbury Civic Association.
In explanation, Mr. Roe stated that the procedure for dedicated open space is provided under the Subdivision Regulations of the City of Dover. When parkland, or open space, is dedicated a plot is approved by the Planning Commission, signed by the Chairman, a member of the Commission and the City Clerk. The plot is then officially recorded. Any change in the recorded plot would require that the City give application to the Planning Commission for revision of the recorded plot. Under the Subdivision Regulations, the Planning Commission would then set a public hearing. If the Commission’s decision was affirmative, the plot could then be revised and officially recorded.
A discussion followed concerning the legality of the City disposing of or transferring land that was originally donated by a developer in lieu of money for public open space. It was noted that no deed exists for this type of land. Ownership is designated by recorded plot only.
Mr. Boaman questioned the right of the City to transfer ownership for use of land under these circumstances.
Mr. Weyandt stated that his purpose for disposing of existing parcels of parkland was to establish a trust fund for the Pension Plan and not to give it away.
Mr. Roe emphasized that a Planning Commission public hearing will definitely have to establish the future use of the land. There are many legal questions involving any transfer of ownership or use; therefore, he suggested a workshop with Council, the Planning Commission and the City Solicitor in attendance.
Mr. Weyandt moved to accept the Legislative and Finance Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
MAYOR’S COMMITTEE APPOINTMENTS
Building Code Appeals Committee
Mayor McDonough submitted Councilman Witt as Chairman of the Building Code Appeals Committee, with Mr. Hardcastle and Mr. Bewick as members.
Mr. Weyandt moved for approval of the appointment, seconded by Mr. Carey and unanimously.
Plumbing Code Appeals Committee
Mayor McDonough submitted Mr. John Mogan, City Manager, as Chairman of the Plumbing Code Appeals Committee with Mr. Carson and Mr. Weyandt as members.
Mr. Hardcastle moved for approval of the appointment, seconded by Mr. Carey and unanimously carried.
Parks, Playgrounds and Trees Committee
Mayor McDonough submitted Councilman Hardcastle as Chairman of the Parks, Playgrounds and Trees Committee with Councilmen Carey and Carson, Mrs. Carrie Russell and Mr. Dan Roberts as members.
Mr. Weyandt moved for approval of the appointments, seconded by Mr. Carey and unanimously carried.
Safety Advisory Committee
Mayor McDonough submitted Councilman Hardcastle as Chairman of the Safety Advisory Committee with Mr. Carey and Mr. Carson as members.
Mr. Witt moved for approval of the appointment, seconded by Mr. Boaman and unanimously carried.
Utility Committee
Mayor McDonough submitted Councilman Bewick as Chairman of the Utility Committee with Mr. Weyandt, Mr. Richter and Mr. Levitt as members.
Mr. Hardcastle moved for approval of the appointments, seconded by Mr. Carey and unanimously carried.
Wage & Hours, Legislative and Finance Committee
Mayor McDonough submitted Councilman Witt as Chairman of the Wage & Hours, Legislative and Finance Committee with Mr. Weyandt and Mr. Boaman as members.
Mr. Hardcastle moved for approval of the appointment, seconded by Mr. Carey and unanimously carried.
City of Dover Pension Board
Mayor McDonough submitted Councilman Witt as a Council member of the City of Dover Pension Boards.
Mr. Hardcastle moved for approval of the appointment, seconded by Mr. Carey and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on May 4, 1981 with Chairman Hardcastle presiding.
Removing Loading Zones - North Side of Loockerman Street - East & West of State Street Alley
The committee recommended removal of the loading zone that encompasses an area in front of Mort’s Delicatessen and Kohn’s Mens Store, including a portion east of the State Street alley.
Mr. Hardcastle moved for approval of the recommendation and that a public hearing be held on May 25, 1981 at 7:45 p.m., seconded by Mr. Weyandt and unanimously carried.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on May 4, 1981 with Chairman Hardcastle presiding.
Kappa Production Agency - Request for Concert - City Parks & Recreation Center
The committee considered a request from Kappa Production Agency, Inc. (Mr. William H. Clemmons, Chairman of the Board) to hold a benefit concert at the City of Dover Park and Recreation Center on Whiteoak Road.
In a meeting with representatives of Kappa Productions, Mr. Knox advised them of some of the activities that might be in violation of City ordinances. In addition, the organization was asked to keep the noise level of the amplification system at a minimum. It was Mr. Knox’s opinion that the benefit is being sponsored to raise funds for increasing the patrols in Atlanta, Georgia.
The committee recommended approval, stipulating that Mr. Clemmons meet with Mr. Knox to determine the scope of the event for a report at the May 11th Council Meeting and a final decision.
Chairman Hardcastle reported that Mr. Knox has not been able to contact Mr. Clemmons as of this date.
Mr. Hardcastle moved that the proposed program by the Kappa Production Agency in behalf of fund raising for patrols in Atlanta, Georgia, be approved contingent upon the proposed conversation between Mr. Knox and Mr. Clemmons. The discussion between Mr. Knox and Mr. Clemmons will center around the following items: Reducing some of the activities due to the time allowed for planning; Any violation of ordinance or rules of the park such as selling food; A thorough understanding on the noise level that might be generated; Chief Klenoski and Mr. Roe be briefed on all activities of the function.
The motion was seconded by Mr. Weyandt.
Questioned by Mr. Roe, Mr. Hardcastle stated that his motion would include an exemption of any fee.
By a voice call vote, the motion was unanimously approved.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, the Parks, Playgrounds and Trees Committee Report was approved as submitted.
REZONING REQUEST - LAND ADJACENT TO WALKER ROAD, WOODCREST DRIVE, DOVER HIGH SCHOOL AND SILVER LAKE - RICHARDSON TRACT
A request was received to rezone property adjacent to Walker Road, Woodcrest Drive, Dover High School and Silver Lake, known as the Richardson Tract. The equitable owner is Krapf & Sons, Inc.
Prior to amending the zoning map and zoning ordinances of the City of Dover a public hearing is required.
Speaking to the issues and importance of zoning this large tract of land, Mr. Richter moved that a special public hearing be held on June 10th at 7:30 p.m. The motion was seconded by Mr. Weyandt. 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 adjacent to Walker Road, Woodcrest Drive, Dover High School and Silver Lake, known as the Richardson Tract, are presently zoned fr R-20 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 June 10, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to RG-5, RG-3, RG-0 and C-2A that property located adjacent to Walker Road, Woodcrest Drive, Dover High School and Silver Lake (known as the Richardson Tract), owned by Richardson Trust.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MAY 11, 1981
REZONING REQUEST FOR LOTS #70, #71, #72 & #73 (411 COWGILL STREET) - ARNOLD & RUTH PARISH
A request was received to rezone 411 Cowgill Street (lots #70 - #73), owned by Arnold G. and Ruth M. Parish. Prior to amending the zoning map and zoning ordinances 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 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, 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 June 8, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located at 411 Cowgill Street, owned by Arnold G. and Ruth M. Parish.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MAY 11, 1981
REZONING REQUEST - 771 & 777 SOUTH LITTLE CREEK ROAD - FRED & ANN M. ERDLE
A request was received to rezone property located at 771 & 777 South Little Creek Road, owned by Fred & Ann M. Erdle. The equitable owner is S.G. Williams of Dover, Inc. 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. 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 771 & 777 South Little Creek Road are presently zoned for C-1A 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 June 8, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from C-1A to C-3 that property located at 771 & 777 South Little Creek Road, owned by Fred & Ann Erdle.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MAY 11, 1981
DISCUSSION - MEMORIAL DAY HOLIDAY
Mr. Mogan informed Council that it has been a practice of the City of Dover to attempt to correlate holidays with the State of Delaware. The General Assembly is now considering celebrating Memorial Day on May 25h. The City of Dover scheduled holiday is May 29th. He requested that Council firmly establish the Memorial Day holiday for the City of Dover, keeping in mind that public hearings have been set by Council for May 25th and that Silver Lake traditionally opens at the end of May. Planning for this official opening has been centered around May 30th. Mr. Mogan added that scheduling for vacations by employees has been based on a Memorial Day holiday of May 29th.
Questioned by Council, Mr. Mogan stated that he has a commitment that the sanitary landfill will be closed officially on May 29th.
Mr. Richter moved that the City of Dover Municipal Day Holiday be observed on May 29, 1981, seconded by Mr. Boaman and unanimously carried.
Mr. Weyandt moved for adjournment into executive session to discuss litigation, seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 9:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 11, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
May 18, 1981
db