REGULAR MEETING
March 9, 1981
The Regular Meeting of Council was held on March 9, 1981 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Hardcastle requested an additional agenda item to report the results of the library expansion bond referendum held on March 7, 1981. The agenda addition was unanimously approved by members of Council.
MARCH 7, 1981 BOND REFERENDUM RESULTS - CITY OF DOVER LIBRARY EXPANSION
City Clerk Willis reported a total vote of 1087 participating in the bond referendum for the library expansion. Votes cast for the expansion 354; against the expansion 733.
Mr. Weyandt moved for approval of the bond referendum results as submitted, seconded by Mr. Witt and unanimously carried.
PROCLAMATION - FREEDOM OF INFORMATION DAY
By motion of Mr. Hardcastle, seconded by Mr. Carey, the following proclamation was unanimously approved.
WHEREAS, a free press is one of the most precious constitutional guarantees; and
WHEREAS, an informed citizenry is a prerequisite of a democratic government; and
WHEREAS, the public’s right to a free flow of information and ideas is now beset by misunderstanding, controversy and outright opposition, and
WHEREAS, our fourth president, James Madison, was instrumental in the composition and adoption of the Bill of Rights, including the First Amendment guarantees of a free press; and
WHEREAS, the City of Dover firmly believes in a free press; and
WHEREAS, the Society of Professional Journalists, Sigma Delta Chi, through its member Edward H. Shur of WAFL Radio, Milford, is requesting government promotion and assistance in freedom of information throughout Delaware, the First State;
THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR of the City of Dover do hereby proclaim Madison’s birthday, March 16, as Freedom of Information Day, to be observed by all citizens of Dover with public discussion and other appropriate actions.
PROCLAMATION - MARCH 1981 - BARBERSHOP HARMONY MONTH IN DOVER, DELAWARE
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, the Council approved the following proclamation.
WHEREAS, the Society for the Preservation and Encouragement of Barbershop Quartet Singing in America, Inc. is celebrating its 43rd anniversary; and
WHEREAS, the Dover Chapter of S.P.E.B.S.Q.S.A. has been affiliated with this unique international signing society for five years; and
WHEREAS, this society, over the past seventeen years, has contributed in excess of $3 million to the Institute of Logopedics in Wichita, Kansas towards helping children with speech and hearing handicaps; and
WHEREAS, the Dover Chapter has provided Dover and other Kent County communities with sixty-seven musical performances, half of which were is support of non-profit organizations and institutions; and
WHEREAS, in celebration of the fifth anniversary of its charter, the Dover Chapter’s First State Chorus is presenting its fifth annual show on April 4, 1981 in the Dover Central Middle School.
NOW, THEREFORE, I, Joseph M. McDonough, Mayor of the City of Dover, Delaware do hereby proclaim the month of March 1981 as Barbershop Harmony Month in Dover Delaware, and extend best wishes to the Dover Chapter of S.P.E.B.S.Q.S.A. for continued success in preserving an original American art form, and together with the City Council express our appreciation for the community service provided to the first city of the first state.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 23, 1981
Minutes of the Regular Council Meeting of February 23, 1981 were unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
KENT APARTMENTS, 30 SOUTH NEW STREET - CONDEMNATION REPORT
Mr. Roe reported a letter mailed to Mr. Profaci, owner of Kent Apartments, that included a briefing of Council’s action concerning condemnation proceedings. Copies of the letter were mailed to Mayor and Council, City Manager, City Clerk and City Solicitor, with a return receipt signed by Mr. Profaci in his possession.
Mr. Roe reported that plans have not been submitted to his office designating proposed renovations, nor has he held any discussions with Mr. Profaci.
Mr. Emanuel Profaci, residing at 431 Barrister Place, reminded Council that Mrs. Cox, building manager of Kent Apartments, read a Statement of Intent during the meeting of February 23, 1981. The Statement advised Council that all violations would be corrected within four (4) months. Mr. Profaci said that this was not an irresponsible statement, since private funding to accomplish same had been pledged. Refusal by Council to accept his Letter of Intent resulted in withdrawal of the pledged funds, therefore he informed Council that he would be unable to comply with orders to initiate necessary repairs of all code violations.
Mr. Profaci informed Council that he still has an interest in the facility, and his personal intentions on same will be made public in the near future.
Mr. Profaci stated that existing responsible tenants, now residing at Kent Apartments, have been provided housing through his personal contacts. Those tenants who have not been responsible have been issued summonses directing that they vacate the premises by March 17, 1981.
Questioned by Mayor McDonough, Mr. Profaci stated that he is the sole stockholder of Kent Apartments and is responsible for all decisions as to the disposition of same.
Following testimony by Mr. Profaci, Mr. Roe stated that Council could order that the building be repaired, which would involve city funds, with a lien placed on the premises. Secondly, Council could order the building demolished or order that it be vacated and not occupied for a reasonable time until it complies with City Code. Mr. Roe suggested that all electric current be disconnected and a temporary connection be utilized for individuals working on renovation within the building.
Mr. Weyandt moved that Council stand by their commitment of February 23, stipulating that the premises be vacated by March 23. In addition, the facility be secured for six (6) months that would include disconnection of all electric service and other utilities. When the six (6) month period expires, the matter will again go before Council for a final decision on the disposition of the building. Motion was seconded by Mr. Boaman.
Questioned by Mayor McDonough, Mr. Roe explained that the tenants would be liable for arrest each day, with a maximum fine of $100.00, if the building is not vacated within the stipulated time. The aforementioned would also apply to the owner of Kent Apartments.
Mr. Weyandt called for the question.
By voice call vote, Mr. Weyandt’s motion was unanimously carried.
PUBLIC HEARING - REZONING - LEIPSIC ROAD - RICHARD PARSONS AND RICHARD HEADLEY
A public hearing was duly advertised for this time and place to consider reverting the zoning of property located on the Leipsic Road, owned by Richard Parsons and Richard Headley. Section 5.183 of the Zoning Code provides that owners must show some progress of construction for which the land was zoned within one year.
Mayor McDonough declared the hearing open.
There was no one present to speak for or against the rezoning, and no correspondence was received.
Mayor McDonough reported a verbal conversation with Mr. Richard Parsons who expressed no objections to reverting the zoning of the property to R-8.
By motion of Mr. Bewick, seconded by Mr. Boaman, Council unanimously adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE SOUTH SIDE OF THE DOVER-LEIPSIC ROAD (COUNTY ROUTE 88).
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-4 and R-8.
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-4 to R-8 on that property located on the south side of the Dover-Leipsic Road (County Route 88), owned by Richard Parsons and Richard Headley.
ADOPTED MARCH 9, 1981
LEGISLATIVE AND FINANCE COMMITTEE REPORT - 1980/81 REVISED BUDGET
Mr. Witt reported many hours of diligent review to initiate a revised budget for fiscal year 1980/81.
Rather than discussing each line item of the budget, Mr. Witt moved to accept the revised budget as submitted, seconded by Mr. Carey.
Mr. Bewick referred to Mr. Mogan’s letter to Mayor and Council dated March 6, 1981, in which he outlined various recreational programs to be reduced or dropped due to the recommended 10% budget reduction approved by the Legislative and Finance Committee. He emphasized the potential problems that will possibly develop with the Parks and Recreation Department, recommending that the matter be deferred back to the Legislative and Finance Committee for a meeting with the department head and Mr. Mogan. Since budget cuts in other areas are quite drastic, he did not feel that $3,000 should be allocated to the Planning Commission for a trip to Boston.
Mr. Bewick moved to amend Mr. Witt’s motion to refer the matter of budget cuts for the Parks and Recreation Department to the Legislative and Finance Committee. In addition, the $3,000 for the Planning Commission, earmarked for a trip to Boston be reduced to $1,000. The motion was seconded by Mr. Carson.
Mr. Boaman moved to amend Mr. Bewick’s amendment that would create separate action by Council on the Parks and Recreation Department Budget and the budget cut for the Planning Commission from $3,000 to $1,000 earmarked for a trip to Boston. Motion was seconded by Mr. Hardcastle for the purpose of discussion.
Following a discussion on the matter, Mr. Witt called for the question.
By voice call vote of six (6) no, two (2) yes, Mr. Boaman and Mr. Hardcastle, Mr. Boaman’s amendment to separate the Parks and Recreation Department Budget and reduction of the Planning Commission and Travel item for individual action by Council was defeated.
By roll call vote of four (4) yes, four (4) no, Mr. Boaman, Mr. Hardcastle, Mr. Witt and Mr. Richter, Mr. Bewick’s amendment to the main motion was defeated.
Mr. Weyandt called for the question on the main motion to accept the 1980/81 Revised Budget as submitted.
Mayor McDonough noted that a call for the question cuts off all debate.
Mr. Bewick called for a vote on Mr. Weyandt’s call for the question, seconded by Mr. Richter.
By roll call vote of six (6) no, two (2) yes, Mr. Weyandt and Mr. Richter, Mr. Weyandt’s call for the question was defeated, opening the floor for further debate on the main motion.
Mr. Witt moved to suspend that section of the Robert’s Rules of Order regulating amendments for the remainder of the meeting.
Mayor McDonough refused to honor the motion, ruling it contradictory.
Mr. Boaman reminded Council that acceptance of the 1980/81 Revised Budget would seriously jeopardize the function of the Recreation Department. It was his opinion that discussion should take place with the Recreation Department Director, the City Manager and members of the Legislative and Finance Committee before approving the proposed drastic cuts in the budget.
By roll call vote of five (5) yes, three (3) no, Mr. Boaman, Mr. Hardcastle and Mr. Carey, the 1980/81 Revised Budget was adopted, including those cuts for the Recreation Department Budget outlined in Mr. Mogan’s letter of March 6, 1981.
SECOND AND FINAL REVIEW OF VOTER REGISTRATION PURGE
By motion of Mr. Weyandt, seconded by Mr. Carey, the Voter Registration Purge submitted by the Office of the City Clerk was unanimously accepted.
APPOINTMENTS - JUDGES TO PRESIDE AT THE APRIL 20, 1981 MUNICIPAL ELECTION
Mayor McDonough submitted Councilman Hardcastle to act as Chief Judge of the municipal election and Mr. Boaman to also serve as judge.
Mr. Bewick moved for approval of Mayor McDonough’s recommendation, seconded by Mr. Carey and unanimously carried.
SENIOR SURREY BUSES - BID RESULTS
City Manager Mogan reported the results of a bid opening for two Senior Surrey buses held on March 4, 1981. The low bidder on an 11-passenger bus was Bolan Motors, with a submitted bid price of $19,778.26. The low bidder on a 20-passenger bus was Townsend Brothers, with a submitted bid of $22,649.00. Total bid prices $42,427.26. Mr. Mogan stated that the State of Delaware Department of Transportation funding amounts to $42,500.
Mr. Weyandt moved for approval of the Bids as reported by Mr. Mogan, seconded by Mr. Carey.
Questioned by Mr. Weyandt, Mr. Mogan stated that the purchase of a 20-passenger bus is an attempt to reduce the number of buses in active service from three (3) to two (2). He did not feel that this would noticeably affect the response time.
Mr. Hardcastle called for the question.
By a unanimous voice call vote, Council approved the Bids as submitted.
Mr. Witt moved for adjournment to Executive Session, seconded by Mr. Hardcastle and unanimously carried.
Meeting adjourned at 8:22 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 9, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
March 13, 1981
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