REGULAR MEETING
April 27, 1981
The Regular Meeting of Council was held on April 27, 1981 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Boaman, Hardcastle, Carey, Witt, Carson and Richter. Mr. Weyandt was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested an additional agenda item to convey an announcement.
Mr. Bewick moved that an item concerning Council voting requirements be postponed until the second meeting in May. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Mogan requested an executive session after adjournment of the main meeting to discuss personnel matters.
Mr. Carson announced meetings in the Governors’s Office with William Kappa, President of the Recreation Council of Delaware, himself and Dave Coyle, President of the Society of Recreation, to discuss funds to be included on the budget, to be considered by the General Assembly for recreation in the state. According to Governors duPont, $113,000 will be placed on the agenda for legislative consideration.
Mr. Carson suggested that members of Council, along with the City Manager, contact Senators and Representatives to discuss appropriations to the City of Dover.
LEGISLATIVE AND FINANCE COMMITTEE MEETING TIME
Mr. Witt announced that the meeting time for the Legislative and Finance Committee, to be held on April 28, 1981, will be 7:30 p.m. instead of 7:00 p.m. as notified.
PROCLAMATION - YOUTH WEEK
By motion of Mr. Boaman, seconded by Mr. Bewick, Council unanimously approved the following proclamation.
WHEREAS, the Benevolent and Protective Order of Elks has designated the week beginning May 1st, as Youth Week to honor America’s Junior Citizens for their accomplishments, and to give fitting recognition of their services to Community, State and Nation; and,
WHEREAS, B.P.O.E. #1903 will sponsor an observance during that week in tribute to the Junior Citizens of this Community; and,
WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation’s greatest resource, and who in the years ahead will assume the responsibility for the advancement of our free society; and,
WHEREAS, our Youth need the guidance, inspiration and encouragement which we alone can give in order to develop those qualities of character essential for future leadership; and, go forth to serve America, and,
WHEREAS, to achieve this worthy objective we should demonstrate our partnership with Youth, our understanding of their hopes ad aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship;
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week beginning May 1st as Youth Week, and urge all departments of government, civic, fraternal and patriotic groups, and our citizens generally, to participate wholeheartedly in its observance.
MINUTES - REGULAR COUNCIL MEETING - APRIL 13, 1981
Mr. Bewick referred to page 9 of the Regular Council Meeting Minutes of April 13, 1981, first paragraph under “Council Voting Requirements” and requested the following correction:
Paragraph one to read “Mr. Bewick informed Mayor and Council that his reading of Section 10 of the Charter requires an affirmative vote of the majority of those elected to Council on all actions passed by Council.”
Mr. Witt moved for approval of the Minutes as corrected, seconded by Mr. Carey and carried.
The Minutes bore the written approval of Mayor McDonough.
MINUTES - SPECIAL EMERGENCY MEETING - APRIL 13, 1981
The Minutes of the Special Emergency Meeting of April 13, 1981 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Richter and bore the written approval of Mayor McDonough.
CITY MANAGER’S DUTIES AS PROVIDED BY THE CHARTER - COUNCILMAN CARSON
By request of Mr. Carson, the City Clerk read the provisions of the Charter relating to the duties and responsibilities of the City Manager that included Section 33 through Section 46.
Mr. Carson stated, that in his opinion, the City Manager has received too much interference from the legislative body, preventing him from properly exercising his expertise as a manager. He stated his discouragement with the money difficulties of the City and Council’s lack of action to adequately offset the inflationary trend of the past five years.
In closing, Mr. Carson expressed his confidence in the City Manager’s ability to successfully plan for the future of the City.
PUBLIC HEARING - REZONING NORTH SIDE OF WALKER ROAD - BURGER CONSTRUCTION COMPANY
A public hearing was duly advertised for this time and place to consider rezoning property on the north side of Walker Road, approximately 220' west of the railroad crossing, owned by Burger Construction Company.
Mayor McDonough declared the hearing open.
Mr. Michael Parkowski was present to represent the owner of Burger Construction Company, stating that the rezoning request represents 6/10 of an acre. It was his feeling that the C-2A zoning would be more compatible with the proximity of residences, noting that the remainder of approximately a five acre plot, is zoned M (manufacturing).
Questioned by Mr. Witt, Mr. Parkowski stated that he was not at liberty to disclose what plans Mr. Burger has for the C-2A rezoning request.
Mr. Roe stated that the Planning Commission felt that the C-2A would be a more adequate buffer between the R-7 (single family) residences rather than the manufacturing zoning.
Mayor McDonough declared the hearing closed.
Mr. Witt objected to not being informed of the facility planned for the plot if anyone present would be knowledgeable of same.
Mr. Boaman called for the question.
Mr. Carson moved for approval of the rezoning, seconded by Mr. Boaman and by a roll call vote of six (6) yes, one (1) no (Mr. Witt) with Mr. Weyandt absent, 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 ON THE NORTH SIDE OF WALKER ROAD, APPROXIMATELY 220' WEST OF THE RAILROAD CROSSING.
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 M 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 M to C-2A on that property located on the north side of Walker Road, approximately 220' west of the railroad crossing, owned by Burger Construction Company.
ADOPTED: APRIL 27, 1981
PUBLIC HEARING - REZONING - PROPERTY SOUTH SIDE OF SOUTH LITTLE CREEK ROAD NEAR HORSEPOND ROAD - WILLIAM H. MCDANIEL
A public hearing was duly advertised for this time and place to consider rezoning property on the south side of South Little Creek Road, near Horsepond Road, owned by William H. McDaniel. The equitable owners are William H. and Lesterlee M. Scotton. Mayor McDonough declared the hearing open.
Mr. Mike Foster of Alpha Realty was present to represent the equitable owners, explaining that they intend to build a facility in excess of 20,000 square feet which will be completely sprinklered. He added that C-3 zoning only allows 25 employees and with the expansion, the employees will probably exceed 25.
Mr. Roe explained that C-3 zoning would lock Mr. Scotton into no more than 25 employees and in addition, would not permit assembly of the merchandise that is presently affiliated with his company.
Mayor McDonough declared the hearing closed.
Mr. Witt moved for approval of the rezoning request, seconded by Mr. Bewick. By a roll call vote of seven (7) yes, Mr. Weyandt absent, 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 ON THE SOUTH SIDE OF SOUTH LITTLE CREEK ROAD NEAR HORSEPOND ROAD.
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 C-3 and R-20 to M.
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 C-3 and R-20 to M on that property located on the south side of South Little Creek Road near Horsepond Road, owned by William H. McDaniel.
ADOPTED: APRIL 27, 1981
PUBLIC HEARING - REZONING - 1169 SOUTH STATE STREET - ADOLF ANGERMEIER COMPANY
A public hearing was duly advertised for this time and place to consider rezoning 1169 South State Street, owned by Adolf Angermeier, Ph.d., P.A. The equitable owner is Adolf Angermeier Company. Mayor McDonough declared the hearing open.
Attorney Gerald Street was present to represent Dr. Angermeier in is request to zone the property for general residential and office purposes. He informed Council that Dr. Angermeier practicing as a psychologist in the residence would not generate as much traffic as a medical doctor and his staff would be minimal. A survey of a portion of the property owners adjacent to the facility did not voice any opposition to the rezoning.
Questioned by Mr. Bewick on the results of any traffic impact study that might have been made, Mr. Street stated that his knowledge of traffic generated is based on four years experience by Dr. Angermeier as the Clinic psychologist. Appointments usually involve 3/4 of an hour with one or two patients.
Mr. Bewick expressed dissatisfaction with Mr. Street’s response, stating that South State Street already has a traffic problem at peak hours.
Questioned by Mr. Hardcastle, Mr. Roe stated that the property has been non-conforming since annexation. The requested rezoning will make the property conforming to the Zoning Code.
Mayor McDonough declared the hearing closed.
Mr. Richter moved for approval of the rezoning, seconded by Mr. Boaman and by a roll call vote of six (6) yes, one (1) no (Mr. Bewick) with Mr. Weyandt absent, 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 1169 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 R-8 to RG-0.
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 R-8 to RG-0 on that property located at 1169 South State Street, owned by Adolf Angermeier, Ph.d., P.A.
ADOPTED: APRIL 27, 1981
PUBLIC HEARING - REZONING 1027 & 1029 SOUTH BRADFORD STREET - ERIC W. AND AMY L. MCGREW - T/A THE AMAZE GROUP
A public hearing was duly advertised for this time and place to consider rezoning 1027 & 1029 South Bradford Street, owned by Eric W. and Amy L. McGrew, t/a The Amaze Group. Mayor McDonough declared the hearing open.
Dr. Paul Emery was present to explain to Council that he desires to open an office at 1027 & 1029 South Bradford Street as a family practitioner.
Questioned by Mr. Bewick, Dr. Emery stated that he would expect to have four or five patients per hour. Access to his planned parking behind the facility would be from the alley or parking lot of the Medical Arts Building.
Mr. Bewick inquired if Dr. Emery had received permission from the owners of the Medical Arts Building to utilize the parking lot.
By request of Mayor McDonough, Mr. Roe stated that Dr. Emery could not use the Medical Arts parking lot as an access to his facility unless permission was granted by the owners. Without this easement, access to Dr. Emery’s parking would be from the existing alley.
Mr. Bewick reminded Dr. Emery that he could not assume an access from the Medical Arts Building parking lot without a proper easement, therefore the rezoning should be based on utilizing the alley as access to the planned parking in the rear of the property.
Mr. Harold Remley, one of the investors of the Medical Arts Building, informed Council of his opposition to the rezoning, stating that the Medical Arts Building has had constant problems with persons residing at 1027 & 1029 South Bradford Street, due to constant utilization of the Medical Arts Building parking lot. The same situation holds true with an office facility on the north side of the Medical Arts Building. Mr. Remley felt that the Medical Arts facility is experiencing unfair and unauthorized parking from adjacent businesses.
Mr. Remley stated that his only objection to the rezoning requested by Dr. Emery is the parking infringement that exists. In addition, his colleagues, as owners of the Medical Arts facility, would not grant an easement for access to Dr. Emery’s property.
Mr. William Livingston, representing Dr. Emery as a Real Estate Representative, stated that in his opinion there would not be a parking problem with the Medical Arts Building since Dr. Emery would only accommodate four to five patients per hour. Ten to twelve parking spaces will be available in the rear of Dr. Emery’s property.
Questioned by Mr. Carson, Mr. Livingston stated that a survey of residences in the area has been conducted with no opposition to the rezoning to his knowledge.
Mr. Roe informed Council that parking at Dr. Emery’s facility should not create any great problems if patronizers of the office are educated to the fact that access to the facility’s parking lot is off of the alley and not by any other means. This could be accomplished through educational use of the facility.
Mayor McDonough declared the hearing closed.
Mr. Hardcastle moved for approval of the rezoning, seconded by Mr. Carey and Council, by a roll call vote of seven (7) yes (Mr. Weyandt 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 1027 & 1029 SOUTH BRADFORD 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 R-8 to RG-0.
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 R-8 to RG-0 on that property located at 1027 & 1029 South Bradford Street, owned by Eric W. and Amy L. McGrew; t/a The Amaze Group.
ADOPTED: APRIL 27, 1981
PUBLIC HEARING - ORDINANCE - TWO HOUR PARKING - WESLEY CHURCH EDUCATIONAL CENTER
A public hearing was duly advertised for this time and place to consider an ordinance that would initiate two hour parking in front of the Wesley Church Educational Center. Mayor McDonough declared the hearing open.
Mr. Hardcastle informed Council that the proposed ordinance received a recommendation of approval by the Safety Advisory Committee.
There was no one present to speak for or against the ordinance and no correspondence.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council by a roll call vote of five (5) yes with Mr. Bewick, Mr. Witt and Mr. Weyandt absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Dover Municipal Code, Sec. 31-110 shall be amended as follows:
In accordance with Section 31-67, and when signs are erected giving notice thereof, no person shall park a vehicle between the hours specified on the following named street.
Parking area south of East Loockerman Street and west of Federal Street, located in front of the Wesley Education Building Church
8 A.M. - 6 P.M., 2 hours except Sundays and Holidays
ADOPTED: APRIL 27, 1981
PUBLIC HEARING - ORDINANCE AMENDMENT - SEC. 31-110 - PROHIBITING PARKING - 2:00 A.M. AND 6:00 A.M. - QUEEN & NEW STREETS BETWEEN REED & NORTH STREETS
A public hearing was duly advertised for this time and place to consider an amendment to Sec. 31-110 of the City Code, removing that portion of the Code prohibiting vehicular parking between the hours of 2:00 and 6:00 a.m. Mayor McDonough declared the hearing open.
Chief Klenoski explained that the ordinance prohibiting parking between the hours of 2:00 a.m. and 6:00 a.m. has existed for 12 to 14 years. Upon deleting this section of the ordinance, the signs indicating the prohibition will be removed.
By motion of Mr. Hardcastle, seconded by Mr. Carey, Council by a vote of five (5) yes (Mr. Bewick, Mr. Witt and Mr. Weyandt absent) adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by amending Sec. 31-110, Schedule XII dealing with parking being prohibited during certain hours and on certain streets, deleting the following paragraphs from the ordinance:
1. Queen Street between Reed Street and North Street (No parking, 2 A.M. - 6 A.M., daily)
2. New Street between Reed Street and North Street (No parking, 2 A.M. - 6 A.M., daily)
The above amendment is to be effective 12:01 a.m. April 28, 1981.
ADOPTED: APRIL 27, 1981
PUBLIC HEARING - ORDINANCE - SEC. 31-68(a) - PROHIBITING STOPPING, STANDING OR PARKING WHERE SIGNED
A public hearing was duly advertised for this time and place to consider an ordinance, Sec. 31-68(a), that would prohibit stopping, standing or parking within the City where signed and upon approval of Council. Mayor McDonough declared the hearing open.
Questioned by members of Council, Chief Klenoski stated that adoption of this particular ordinance would delete the present ordinance under Sec. 31-68 that prohibits parking in and around Route #13 only. Adoption of the proposed ordinance would provide no stopping, standing or parking anywhere within the corporate limits of the City where signed, upon approval of Council, negating the necessity of Council to adopt separate ordinances for a like prohibition.
Mayor McDonough declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Carey, Council by a roll call vote of seven (7) yes, Mr. Weyandt absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by striking in its entirety Sec. 31-68(a) and by inserting a new section to read as follows:
It shall be unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic-control device, within the City limits of the City of Dover in any of the following places:
1. On the roadway side of any vehicle stopped or parked at the edge or curb;
2. At any place where official signs prohibit stopping, standing or parking;
3. At any place where such parking, standing or stopping obstructs the free passage of other traffic.
ADOPTED: APRIL 27, 1981
1981 MUNICIPAL ELECTION RESULTS
The City Clerk submitted the following election results of April 20, 1981:
Machine Votes Absentee Votes Total
First District
John E. Richter 489 1 490
Second District
Francis R. Weyandt 467 1 468
Third District
Charles L. Witt 463 0 463
Fourth District
Fred B. Carey, Sr. 380 0 380
Kenneth L. Hogan 347 1 348
By motion of Mr. Witt, seconded by Mr. Bewick, Council approved the election results as submitted.
RECESS
Council recessed at 8:40 p.m. and reconvened at 8:50 p.m.
CORRESPONDENCE
Delaware Manufactured Housing Association - Request to Display Models
A letter was received from Mr. W. James VanLuven, President of the Delaware Manufactured Housing Association, requesting permission to display two homes; one on the state parking lot at the corner of East Street and William Penn Avenue and one on the parking lot of Treadway Inn, adjacent to the Gold Key Restaurant. The display would be in conjunction with the Delaware Manufactured Housing Week, scheduled for May 11th - 14th.
Mr. VanLuven was present to answer any questions that might be present.
Mr. Roe advised Council of the necessity of his office to reject Mr. VanLuven’s request due to the zoning in the areas where the homes will be erected. It will be necessary for Council to waive the provisions of the Code to approve the project.
Questioned by Mr. Mogan, Mr. VanLuven stated that permits have been obtained through normal channels of the City of Dover Electric Department for electric service.
Mr. Richter moved for approval, allowing the display of the two models, seconded by Mr. Hardcastle and unanimously carried.
NO STOPPING, STANDING OR PARKING - SOUTH LITTLE CREEK ROAD NEAR DOVER EAST MOBILE HOME PARK
Mr. Hardcastle requested special permission of Council, granted by the Mayor, to refer to the signing of South Little Creek Road, near Dover East Mobile Home Park, that would prohibit parking on the north side.
Mr. Hardcastle moved that the Police Department be permitted to erect appropriate signs that would prohibit any parking, standing or stopping on the South Little Creek Road, from the entrance of Dover East Mobile Home Park (1061 South Little Creek Road) east to 1109 South Little Creek Road. The motion was seconded by Mr. Carey and unanimously carried.
MONTHLY REPORTS
Chief of Police Report for the Month of March
The Chief of Police Report for the month of March was unanimously approved by motion of Mr. Boaman, seconded by Mr. Bewick.
Building Inspector and Fire Marshal Report for the Month of March
Mr. Roe informed Council that $675,000 should be deducted from the Fire Loss Report. This figure represents damage to a substation owned by D P & L that is just outside the City limits.
Mr. Boaman moved for approval of the report as corrected, seconded by Mr. Carey and unanimously carried.
City Alderman Report for the Month of March
Alderman Willis reported total fines for the month of March in the amount of $1,787.
By motion of Mr. Bewick, seconded by Mr. Witt, the City Alderman’s Report for the month of March was unanimously approved.
General Operating Fund, Cash Receipts Report for the Month of March
The General Operating Fund, Cash Receipts Report for the month of March was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
General Operating Fund, Budget Report for the Month of February
The General Operating Fund, Budget Report for the month of February was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
Water/Sewer Fund, Cash Receipts Report for the Month of March
The Water/Sewer Fund, Cash Receipts Report for the month of March was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
Water/Sewer Fund, Budget Report for the Month of February
The Water/Sewer Fund, Budget Report for the month of February was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Inter-governmental Service Fund, Revenue & Budget Report for the Month February
The Inter-governmental Service Fund, Revenue and Budget Report for the month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts for the Month of March
The Electric Revenue Fund, Cash Receipts Report for the month of March was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of February
The Electric Revenue Fund, Budget Report for the month of February was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Improvement and Extension Budget, Cash Receipts & Disbursements Report - February
The Electric Improvement and Extension Budget, Cash Receipts and Disbursements Report for the month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Capital Fund, Cash Receipts & Disbursements Report - January, February and March
The Capital Fund, Cash Receipts and Disbursements Report for January, February and March was unanimously approved by motion of Mr. Bewick, seconded by Mr. Hardcastle.
Municipal Street Aid Fund, Cash Receipts & Disbursements Report - January, February & March
The Municipal Street Aid Fund, Cash Receipts and Disbursements report for the months of January, February and March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager’s Report for the Month of March
Questioned by Mr. Weyandt, Mr. Mogan stated that the Electric Department is attempting to hold to the present fuel adjustment for at least the next two months. He foresees some reduction in fuel costs, coupled with the fact that the City has some 3% sulfur oil for utilization at this time. In addition, the Electric Department is utilizing as much gas as possible and whenever available.
Referring to the employee status report, Mr. Witt asked if the report should be reflecting the recommendation of the Legislative and Finance Committee that employees be held to a total of 327.
Mr. Mogan stated that the mandate for 327 employees related to the 1981/82 budget.
Mr. Bewick moved that the mandate set by the Legislative and Finance Committee of 327 personnel only, also pertain to the remainder of the 1980/81 budget. The motion was seconded by Mr. Witt.
In explanation, Mr. Bewick thought that the mandate for the remainder of 1980/81 would negate the necessity of laying off extra personnel on July 1, 1981, or the beginning of the 1981/82 fiscal year. If a vacancy occurs, that vacancy will not be filled, initiating a method of gradually reducing personnel by July 1st.
A discussion ensued concerning the question of whether the total employees of the City of Dover was set by Council at 327. It was noted that the Legislative and Finance, in their meeting of March 25th, recommended that a level of 327 employees be set during the fiscal year of 1981/82 but no formal Council action has been taken except for acceptance and approval of the minutes as a whole.
It was Mr. Richter’s opinion that the level of employees would not be set until such time as Council holds a public hearing with a direct vote by members.
Mr. Witt called for the question on Mr. Bewick’s motion.
By a vote of five (5) yes, two (2) no (Mr. Richter and Mr. Carson) with Mr. Weyandt absent, the motion was carried.
Mr. Witt moved for acceptance of the City Manager’s Report for the month of March, seconded by Mr. Boaman and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF MARCH
A check was received from J.P. Court #7 for the month of March in the amount of $7,402.15.
By motion of Mr. Witt, seconded by Mr. Carey, the J.P. Court #7 Report for the month of March was unanimously approved.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 22, 1981 at 7:00 p.m. with Chairman Bewick presiding.
Streets - Bicentennial Village - Freedom Drive and Freedom Place
Mr. Bewick noted that the recommendation of the Utility Committee was to accept Freedom Drive and Freedom Place in Bicentennial Village, stipulating that all existing variations of City standards on the roadway be repaired within sixty (60) days.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle.
Mr. Witt and Mr. Carson felt that it would be proper procedure to delay acceptance of the streets until such time as they are properly repaired.
Mr. Bewick moved to table the item, seconded by Mr. Witt and unanimously carried.
Lakeview Drive Street Improvements
Mr. Mogan reported to the committee a meeting of nine residents of Lakeview Drive who agreed upon a 26' wide paved street plus 2' swales on each side. The residents also agreed with designs for proposed drainage of the area.
The committee recommended that Council arrange for a public hearing on the issue.
Mr. Bewick moved for the recommendation of the committee and that a public hearing be held on May 25, 1981 at 7:45 p.m. The motion was seconded by Mr. Witt. By a roll call vote of seven (7) yes (Mr. Weyandt absent) Council adopted the following resolution:
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PAVING, CURBING AND OTHER IMPROVEMENTS ON LAKEVIEW DRIVE.
WHEREAS, Council is considering paving, curbing and drainage on Lakeview Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be set for Monday, May 25, 1981 at 7:45 p.m. in the Council Chambers of City Hall to consider the paving with hot mix, and other improvements, and assessing the cost thereof against adjoining owners of real property, the other improvements to include storm drainage.
2. That this resolution be published at least one week prior to the above meeting in at least one issue of a newspaper of local circulation.
3. That at said public hearing Council shall hear the owners of property adjoining said streets and other residents of the City appearing on questions presented in said Resolution.
ADOPTED: APRIL 27, 1981
Variance of Irrigation Installation Ordinance - Dan Scheller
The committee considered a request by Mr. Dan Scheller of Eden Hill Farms to install an irrigation system above ground on a two acre plot.
Mr. Mogan informed the committee that he had no great objections to Mr. Scheller’s request other than segregation from the City water system must be carefully analyzed.
The committee recommended approval of Mr. Scheller’s request, stipulating that a study be made of the impact of denying other farmland the right to irrigate by methods that might be conflicting with City Codes.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
One Day Per Week Trash Pickup
Mr. Bewick informed Council that the Utility Committee is recommending a concept for trash collection, after many meetings and analyzation of cost figures and information submitted by the City Manager’s Office. Basically the recommendation suggests that a fee be established to cover 100% of trash collection costs, based on a one day per week pick up for those residences and businesses presently being serviced. In addition, a recycling plan will be submitted before adopted of a fee.
The committee recommended that this concept be adopted and that a public hearing be held on May 25, 1981 at 7:45 p.m.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle.
Mr. Bewick explained that the aforementioned concept is being recommended to enable the Legislative and Finance Committee to reduce the budget for any amount that would be involved in trash collection cost, regardless of tax exempt status, with everyone receiving trash pick up service being charged a fee.
Mr. Hardcastle withdrew his second to the motion, stating that he did not feel that Council should adopt a concept of charging a trash collection fee until such time that a public hearing is held.
Mr. Boaman seconded by Mr. Bewick’s motion.
By a show of hand vote, the motion was defeated with five (5) no, two (2) yes (Mr. Bewick and Mr. Boaman).
Mr. Witt moved that a public hearing be held on May 11, 1981 at 7:45 p.m. to discuss one day per week trash pick up. The motion was seconded by Mr. Carson.
Mr. Boaman disagreed with the motion in that it did not encompass the entire concept as recommended by the Utility Committee. It was his opinion that the public is now aware of the possibility of a trash collection fee and one day per week pick up; therefore, Council should proceed to hold a public hearing to resolve the matter.
Mr. Witt felt that the entire concept should be taken one step at a time. He did not feel that discussions could be held on a fee since all of the needed figures are not available at this time.
It was Mr. Richter’s opinion that the trash fee, one day per week pick up and recycling should be discussed at one public hearing.
Mr. Witt withdrew his motion as did Mr. Carson his second.
Mr. Witt moved that a public hearing be held on May 25, 1981 at 7:45 p.m. to consider (1) one day per week trash collection to be implemented on July 1, 1981 (2) a recycling program consisting of newspapers, cans, bottles, glass, etc. to be instituted July 1, 1981 (3) possible imposition of a trash collection fee for all residences, and commercial establishments, including tax exempt properties.
The motion was seconded by Mr. Richter and unanimously carried.
Test Wells - East End of Roosevelt Avenue
Mr. Mogan advised the committee that a test well drilled at the corner of Division Street and Kings Highway where it was found that the well could only produce approximately 300 gallons of water per minute, which is not sufficient. An additional well must be drilled to back up the loss of flow at well #1.
Mr. Woods explained that the City owns a lot at the extreme east end of Roosevelt Avenue with adequate space for a well. He requested authorization to drill two test wells, one being in the Piney Point aquifer at 600' and one in the Cheswold aquifer, at a cost of approximately $9,000. Bids were received with Delmarva Drilling submitting the low figure. He requested authorization to initiate the drilling of two tests wells.
The committee recommended authorization to drill the two observation wells.
Questioned by Council, Mr. Woods stated that it would be a transfer from a bond account to the General Fund.
Mr. Bewick moved for authorization for the expenditure, seconded by Mr. Carey and unanimously carried.
Electric Billing - Grace Period
Mr. Mogan requested consideration by the committee to reduce the grace period for payment of electric bills to 10 days versus the present 20 day requirement. In addition, the bad check fee be increased from $7.50 to $10.00.
The committee recommended approval of the ten day grace period, stipulating that the 26 day period for cutoffs be maintained. A recommendation to increase the bad check fee from $7.50 to $10.00 was also approved.
Public Hearing - Water and Sewer Rates
Mr. Mogan referred to discussions in the Utility Committee where it was decided that new water and sewer rates, if initiated, would be effective July 1, 1981. Since it is necessary to inform citizens no less than 60 days prior to the rate change, Mr. Mogan stated that he has established a public hearing date of May 25, 1981 at 7:45 p.m.
Mr. Bewick moved for approval of the public hearing, seconded by Mr. Carey and unanimously carried.
CASH LIMIT FOR CAMPAIGN EXPENSES - MAYOR AND COUNCIL
Mr. Bewick moved for referral to the Legislative and Finance Committee the matter of a $100 cash limit for Mayor and Council campaign expenses and that a suitable penalty be established for non-compliance. The motion was seconded by Mr. Boaman.
The motion failed by a vote of four (4) no, three (3) yes.
CORRESPONDENCE
Central Dover Business Association, Inc. - Request for Exhibits - Loockerman Street
A letter was received from the Central Dover Business Association, Inc., requesting authorization to sponsor exhibits and sales by artists and craftsmen on Loockerman Street between 9:00 a.m. and 4:00 p.m. on May 2, 1981.
Mr. Witt moved for approval of the request, stipulating that all activities be coordinated with the Fire Marshal, Building Inspector and City Manager. The motion was seconded by Mr. Carson and unanimously carried.
WDSD Day - Dover Park and Recreation Center
A letter was received from Mr. Walter H. Barcus, Program Director for WDSD, requesting utilization of the Dover Park and Recreation Center on Whiteoak Road, on June 27, 1981. The radio station will broadcast from the Center between the hours of 11:00 a.m. and 6:00 p.m. and have two or three local country bands perform. The function will be open to the public and WDSD is asking local community organizations to set up tables that will be selling food, sodas, baked goods, crafts, games, etc. The money raised would go to benefit the organization.
Mr. Hardcastle moved for approval of the functions, seconded by Mr. Carson and unanimously carried.
Mayor McDonough declared the meeting adjourned, announcing an executive session.
Meeting Adjourned at 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of April 27, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
May 4, 1981
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