REGULAR MEETING

The Regular Meeting of Council was held on December 22, 1980 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

Mr. Boaman requested an additional agenda item in executive session to discuss financing of the library expansion.

Mr. Hardcastle requested an additional agenda item to discuss loading zones in the downtown area.

MINUTES

The Minutes of the Regular Council Meeting of were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bewick and bore the written approval of Mayor McDonough.

MONTHLY REPORTS

Chief of Police Report for the Month of November

Mayor McDonough referred to a letter from Chief Klenoski informing Council that the Police Department’s monthly statistical report would not be available due to a mechanical breakdown of the State of Delaware’s central data processing section.

Mr. Weyandt moved to accept the explanation of Chief Klenoski for the absence of the report, seconded by Mr. Carey and carried with Mr. Witt voting no. It was Mr. Witt’s opinion that the letter of explanation did not have to be accepted by formal motion.

Building Inspector and Fire Marshal Report for the Month of November

The Building Inspector and Fire Marshal Report for the month of November was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.

City Alderman Report for the Month of November

The City Alderman’s Report for the month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey. Total fines remitted were $1,538.

General Operating Fund, Cash Receipts Report for the Month of November

The General Operating Fund, Cash Receipts Report for the month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Weyandt.

General Operating Fund, Budget Report for the Month of October

The General Operating Fund, Budget Report for the month of October was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.

Water/Sewer Fund, Cash Receipts Report for the Month of November

The Water/Sewer Fund, Cash Receipts Report for the month of November was unanimously approved by motion of Mr. Bewick, seconded by Mr. Weyandt.

Water/Sewer Fund, Budget Report for the Month of October

The Water/Sewer Fund, Budget Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.

Intergovernmental Service Fund, Cash Receipts & Disbursements - October

The Intergovernmental Service Fund, Cash Receipts & Disbursements Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.

Electric Revenue Fund, Cash Receipts for the Month of November

The Electric Revenue Fund, Cash Receipts Report for the month of November was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.

Electric Revenue Fund, Budget Report for the Month of October

The Electric Revenue Fund, Budget Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.

Electric Improvement & Extension Fund, Cash Receipts & Disbursements - October

The Electric Improvements and Extension Fund, Cash Receipts and Disbursements Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.

City Manager’s Report for the Month of November

The City Manager’s Report for the month of November was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.

J.P. COURT #7 REPORT - NOVEMBER

A check was received for the month of November from J.P. Court #7 in the amount of $7,616.55.

Mr. Witt moved for approval of the J.P. Court #7 report for the month of November, seconded by Mr. Weyandt and unanimously carried.

PUBLIC HEARING - REZONING - FANNIE RUDNICK & EDITH BERKMAN PROPERTY - BOUNDED BY SOUTH STATE STREET AND ROUTE #13

A public hearing was duly advertised for this time and place to consider rezoning property bounded by South State Street, Route #13 and property adjacent to Webbs Lane, owned by Fannie Rudnick and Edith Berkman. Mayor McDonough declared the public hearing open.

Mr. George Chabbott of Emerson Realty was present to point out an error of rezoning as designated on the agenda. The tract of land originally designated to be zoned RG-1, RG-0 and C-4 should read RM-2, RG-0 and C-4.

Mr. Roe explained that this was an amendment by the Planning Commission, recommending that the RG-1 category be changed to RM-2. It was the Planning Commission’s feeling that the category of RM-2, allowing a lower density, would be more suited for the tract, generating less traffic to S. State Street.

Mr. George F. Gardner III, attorney representing Sara Elizabeth Smith and Mrs. J. Gordon Smith, was present to outline certain objections that might be caused by development of the land.

Mr. Gardener stated that it is difficult to voice specific objections, noting that the land would be rezoned without a specific plan of development. His client’s primary concern was the development of the RM-2 section which would allow apartments and the access road off of S. State Street that would generate a substantial increase in vehicular traffic.

Questioned by Mayor McDonough and Mr. Witt, Mr. Twilley stated that there is one tentative contract on a portion of the land zoned RG-0. Development of the RM-2 section has not been discussed on a formal contractual basis.

Relating to the C-4 section, fronting on Route #13, Mr. Bewick and Mr. Richter expressed concern in the development of commercial establishments that would require ingress and egress. They intimated that the State Highway Department would probably react negatively due to the location of the commercial land and the hazards that would be created in relation to the intersection of Route #13 and State Street. Mr. Bewick stated that this is a very hazardous stretch of highway; however, the Highway Department would have the right to reject any site plan and would be instrumental in the design of any entrances off of Route #13.

Mayor McDonough declared the hearing closed.

By motion of Mr. Weyandt, seconded by Mr. Boaman, Council by a roll call vote of six (6) yes, two (2) no (Mr. Bewick and Mr. Richter) 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 BOUNDED BY SOUTH STATE STREET AND ROUTE #13 (RUDNICK TRACT).

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-20 to RM-2, RG-0 and C-4.

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-20 to RM-2, RG-0 and C-4 on that property bounded by South State Street and Route #13, known as the Rudnick Tract, owned by Edith Berkman and Fannie Rudnick.

ADOPTED DECEMBER 22, 1980

EMPLOYEE REVISED WAGE AND SALARY SCALE

Mr. Witt moved to remove the above item from the table, seconded by Mr. Weyandt and unanimously carried. The matter of an employee revised wage and salary scale was tabled during the meeting of November 24, 1980.

Relating to the fact that the federal government is impacting and effecting the minimum wage as of January 1, 1981, Mr. Witt moved to authorize the City Manager to adjust wages and salaries of only those employees whose earning do not conform with the federal minimum wage law. The motion was seconded by Mr. Weyandt and unanimously carried.

WAGE EVALUATION STUDY - YARGER & ASSOCIATES

Mr. Witt stated that a majority of Council has met with a representative of Yarger and Associates and discussed the possibility of a wage evaluation study.

Mr. Witt moved that the City Manager be authorized to engage Yarger and Associates to perform a wage evaluation study at an amount no to exceed $9,600. The motion was seconded by Mr. Weyandt and unanimously carried.

Mr. Witt pointed out that the study would include a complete review a job descriptions and other employee related items as designated in Mr. Yarger’s presentation.

EXECUTIVE SESSION - LIBRARY EXPANSION FINANCING

Council, by unanimous consent, recessed to executive session to discuss the library expansion financing.

LIBRARY EXPANSION - RESOLUTION TO INITIATE A REFERENDUM

Mr. Boaman informed those present that a motion to initiate a resolution that would set a referendum date for the library expansion would not necessarily be a vote for or against the library expansion program.

Mr. Boaman moved that Council instruct the City Manager to prepare a resolution for the meeting of January 12, 1981, setting forth the details of a bond referendum for expansion of the City library; said resolution to stipulate that the referendum be held on March 7, 1981. The motion was seconded by Mr. Bewick. By a roll call vote of five (5) yes, three (3) no (Mr. Hardcastle, Mr. Carey and Mr. Carson) the motion was carried.

CORRESPONDENCE

Standard Wine & Spirits Company - Electric Charges

A letter was received from Standard Wine & Spirits Company, signed by Mr. J. Vincent Tigani, Jr., requesting a hearing with the Utility Committee to discuss their electric billing for a warehouse located on Horsepond Road and Lafferty Lane.

Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Bewick and unanimously carried.

Ottawa Building Company - LeRoy Klein - Electric Billing

A letter was received from Mr. LeRoy Klein, President of the Ottawa Building Company, requesting a review of his electric billing for 44 Victoria Circle, Royal Grant. Mr. Klein requested a rebate, stating that his residence has been charged under an improper service classification.

Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.

Loading Zones - Downtown Area

Mr. Boaman presented a petition from businessmen in the downtown area, requesting the conversion of certain loading zones to parking spaces.

Mr. Boaman moved for referral to the Safety Advisory Committee, seconded by Mr. Witt and unanimous carried.

PROPOSED WORKSHOP - DISCUSSION ON HUD BLOCK GRANT

Mr. Roe reported conversations with Mr. Dale Erwin and Mr. Roland Ridgeway where the role of the Chief Inspector’s Office was discussed, if Council approved the application for a HUD Block Grant. Relating to the complexity of the various functions of the Block Grant Program, it was suggested that a Council workshop be held in the near future for the purpose of reviewing responsibilities set forth by federal regulations.

Mr. Weyandt emphasized the importance of each Council member being aware of the City’s role once the Block Grant becomes a reality.

Mr. Witt moved that workshop, to discuss the HUD Block Grant, be held immediately following the public hearing on January 5, 1981. The motion was seconded by Mr. Weyandt and unanimously carried.

Council adjourned at 9:10 p.m.

                                                                                    WILLIAM H. WILLIS

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of December 22, 1980, are hereby approved.

JOSEPH M. MCDONOUGH

                                                                                    MAYOR

December 29, 1980

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