REGULAR MEETING
The Regular Meeting of Council was held on December 8, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Witt, Carson and Richter. Councilman Carey was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS OR DELETIONS
Mr. Mogan requested a brief executive session after adjournment to discuss the financial report and Council workshops.
Fire Chief Boyer requested an additional agenda item to inform Council of a recent appointment to fill a vacancy in the line officers of the Robbins Hose Company.
SCHEDULING WORKSHOPS - FINANCIAL REPORT - CAPITAL PROGRAM - WAGE ADJUSTMENTS
Mr. Mogan requested a firm date that would be convenient for a Council workshop session or sessions to discuss the recently submitted financial report, the Capital Program and a wage adjustment proposal.
After examining the schedules of each Councilman, Council directed that a workshop session be held on December 16th at 7:00 p.m. to discuss the financial report, Capital Program and proposed wage adjustments.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 24, 1980
Mr. Mogan referred to the ordinance adopted during a public hearing held on November 24, 1980 relating to permit parking in the municipal parking lot, adjacent to and east of City Hall. He requested that permit parking restrictions begin at 7:00 a.m. and end at 5:00 p.m. rather than 8:00 a.m. to 6:00 p.m. as designated by the ordinance.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by a unanimous roll call vote (Mr. Carey absent) amended Section 31-110 of the Municipal Code relating to permit parking to read as follows: “Further, in the remaining portions of this lot, as designated by the City with the erection of signs giving notice thereof, said lots shall be utilized as all day parking lots from the hours of 7:00 a.m. to 5:00 p.m. every day except Sunday and holidays by permit of the City of Dover.”
The Minutes of the Regular Council Meeting of November 24, 1980 were unanimously approved by motion of Mr. Witt, seconded by Mr. Boaman and bore the written approval of Mayor McDonough.
ACCEPTANCE OF ROBBINS HOSE COMPANY OFFICERS - 1981
City Clerk Willis read into the record the following line officers for the Robbins Hose Company for 1981, as elected by the member during the annual November election:
Chief Charles Boyer
Deputy Chief Raymond Osika
First Assistant Chief John Willson
Second Assistant Chief Michael Shinsky
Third Assistant Chief William Hurley
Captain Thomas Trader
Mr. Witt moved for approval of the officers as submitted, seconded by Mr. Boaman and unanimously carried.
TEMPORARY APPOINTMENT - FIRST ASSISTANT CHIEF - ROBBINS HOSE COMPANY
Chief Charles Boyer informed members of Council of the resignation of Robin Christiansen, serving as First Assistant Chief, for the year 1980. A letter documenting the resignation and an appointment by Chief Boyer was submitted to the City Clerk’s Office.
Chief Boyer stated that he has appointed John Willson as First Assistant Chief to fill the unexpired term of Robin Christiansen until December 31, 1980.
Mr. Boaman moved for approval of the temporary appointment, seconded by Mr. Witt and unanimously carried.
APPOINTMENT - BUILDING INSPECTOR
Mr. Weyandt moved that Jack T. Roe be appointed Building Inspector for the year 1980/81. The motion was seconded by Mr. Witt and unanimously carried.
APPOINTMENT - TAX ASSESSOR
Mr. Witt moved that William Hayes be appointed as Tax Assessor for the year 1980/81. The motion was seconded by Mr. Bewick and unanimously carried.
SET PUBLIC HEARING - HUD BLOCK GRANT - PRE-APPLICATION
Mr. Mogan stated that a letter of intent was mailed November 26, 1980 as a prerequisite to initiate an application for a HUD Block Grant. He informed Council that two public hearings will be necessary and requested that the dates of the public hearings be established.
Questioned by Mr. Weyandt, Mr. Mogan stated that the public hearings are necessary in accordance with federal regulations to prepare for the pre-application that will be required for submission by January 26, 1981. He added that this does not commit Council until the pre-application is submitted.
Mr. Witt moved that a public hearing be held on January 5, 1981 at 7:30 p.m. and January 12, 1981 at 7:45 p.m. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Witt asked if it would be wise to notify property owners in the target area of the proposed HUD Block Grant.
Mayor McDonough stated that public hearings and advertisement in the news media serves as a notification to property owners and interested residents.
PUBLIC HEARING - ORDINANCE TO ADOPT 1976 FOOD SERVICE SANITATION MANUAL
A public hearing was duly advertised for this time and place to consider an ordinance adopting the 1976 Food Service Sanitation Manual. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mayor McDonough declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by a unanimous roll call vote adopted the following ordinance.
An ordinance defining food, potentially hazardous food, food service establishment, mobile food unit, temporary food service establishment, regulatory authority, utensils, equipment etc.; providing for the sale of only sound, properly labeled food; regulating the sources of food; establishing sanitation standards for food, food protection, food service personnel, food service operations, food equipment and utensils, sanitary facilities and controls, and other facilities; requiring permits for the operation of food service establishments; regulating the inspection of such establishments; providing for the examination and condemnation of food; providing for incorporation by reference of the 1976 edition of the Food and Drug Administration “Food Service Sanitation Ordinance”; and providing for the enforcement of this ordinance, and the fixing of penalties.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, as follows:
Section 1. The definitions; the inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments; the prohibiting of the sale of unsound or mislabeled food or drink; and the enforcement of this ordinance shall be regulated in accordance with the 1976 edition of the Food and Drug Administration “Food Service Sanitation Ordinance”; three certified copies of which shall be on file in the offices of the City Clerk: Provided, That the words “municipality of ” in said ordinance shall be understood to refer to The City of Dover.
Section 2. Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs constitutes a separate violation.
Section 3. This ordinance shall be in full force and effect 30 days after its adoption; and, at that time, all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.
Section 4. The 1976 edition of the Food and Drug Administration “Food Service Sanitation Ordinance”, Section 10-601 is amended to provide maximum penalty for each offense not to exceed a fine in the amount of $100.
ADOPTED: DECEMBER 8, 1980
PUBLIC HEARING - ORDINANCE PROVIDING FOR VOTER REGISTRATION RENEWAL BY MAIL
A public hearing was duly advertised for this time and place to consider adoption of an ordinance amending Section 11-9 of the Municipal Code, providing for voter registration renewal by mail. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mayor McDonough declared the hearing closed.
By motion of Mr. Bewick, seconded by Mr. Hardcastle, Council by a unanimous roll call vote (Mr. Carey 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. 11-9 and by inserting a new Section to read as follows:
SEC. 11-9. DISCHARGING REGISTRANTS FROM BOOK.
If any voter shall fail to meet any of the requirements of Section 11-1, 11-2 and 11-3, he shall be stricken from the Registration Book in the following manner:
(a) Notice by City Clerk. During the period of 10 months following each municipal election, the City Clerk shall send a notice, by regular mail, to each person who is registered to vote at municipal elections but who did not vote at the last three preceding municipal elections. Such written notice shall advise the voter of the state of the record and the fact that he is liable to have his name removed from the registration records if he does not advise the City Clerk, within 60 days of the notice being mailed, that he is still eligible to be registered as a voter at the address appearing on the registration record and to which the notice was mailed. Such replies by the voter shall be sent to the City Clerk on a form prepared by the City Clerk and sent to the voter with such notice. If, however, no such reply, signed by the voter, is received by the City Clerk, within 60 days after such notice is mailed by the City Clerk, then the City Clerk shall certify the name of the voter as hereinafter provided.
(b) Certification. The City Clerk shall certify to the Mayor and Council a list of those individuals who have failed to vote in the past three municipal elections and who have been sent a notice as provided in subsection (a) hereof and who have failed to submit a reply to the City Clerk as provided in said subsection (a) hereof; those persons who have not maintained their place of residence within the State; and those persons who for any other reasons have failed to qualify as a voter of the City.
(c) Method of Striking. The list referred to in subsection (b) hereof shall be presented by the City Clerk to the Mayor and Council at two consecutive regular meetings of the Council and the Council shall be vested with the responsibility of determining, by the most effective means available, those individuals who shall be vested with the power to strike those individuals from the registration book in accordance with this Chapter.
ADOPTED: DECEMBER 8, 1980
PUBLIC HEARING - ORDINANCE RESTRICTING PEDDLERS IN COMMERCIAL ZONES
A public hearing was duly advertised for this time and place to consider adoption of an ordinance that would strike and delete section 22-22 and adopt a new section 22-22 restricting peddlers in commercial zones. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mayor McDonough declared the hearing closed.
Mr. Witt moved for adoption of the ordinance, seconded by Mr. Boaman.
Mr. Richter asked how the ordinance would effect existing peddlers in the City, such as the mobile hot dog stand frequently seen adjacent to the Post Office.
Mr. Boaman stated that the aforementioned business would be prohibited from locating in a commercial zone such as the downtown area.
It was Mr. Richter’s feeling that this would be regulating free enterprise where economics should be the controlling factor.
Mr. Boaman stated that the purpose of the ordinance was not to deter anyone’s business but merely to control a peddler from setting up a competitive business near an established, permanently based merchant.
By a roll call vote of five (5) yes, two (2) no (Mr. Bewick and Mr. Richter) with Mr. Carey absent, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Sec. 22-22 of the Dover Municipal Code is hereby stricken and deleted in its entirety and a new section is hereby adopted to read as follows:
Sec. 22-22 PERMIT REQUIRED AND RESTRICTION FROM DOING BUSINESS IN COMMERCIAL AREAS.
It shall be unlawful for any person to engage in the business of peddler as defined in Sec. 21-1 within the City without first obtaining a permit therefore in compliance with the provisions of this Article and the applicable provisions of Article I of this Chapter.
No peddler shall solicit or do business of any nature whatsoever in any Commercial Zone of the City of Dover as defined and described in the Zoning Ordinance of the City of Dover and the Zoning Map of the City of Dover.
ADOPTED: DECEMBER 8, 1980
UTILITY COMMITTEE REPORT
The Utility Committee met on December 1, 1980 at 7:30 p.m. with Chairman Bewick presiding.
Traffic Lights
Mr. Bewick informed Council that he has contacted Mr. Pusey, of the State Highway Department, who has consented to work with the City towards proper synchronization of the traffic lights in the downtown area.
Mr. Richter alluded to the fact that the engineer on the downtown project was being blamed for the faulty synchronization of the lights during the committee meeting. He informed Council of a conversation with the contractor who installed the equipment and formed a personal opinion that the City of Dover is responsible for proper synchronization of the traffic lights.
St. Jones Well - Water Supply
Mr. Bewick referred to a report to the committee by Mr. Mogan and Mr. Woods that revealed deterioration of the St. Jones well water supply to 92 gallons per minute.
The committee recommended to authorize the City Manager to draw up a contract seeking bids to relocate the well at St. Jones, at a cost of approximately $30,000 to $35,000.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle and unanimously carried.
Electric Rate Study
Mr. Bewick informed Council that a special meeting will be held on December 15, 1980 at 7:30 p.m. to hear comments and recommendations by Mr. Al Ward, an electric rate consultant, and discuss the matter of revised electric rates.
Hallett Rezoning
The committee was informed by Mr. Roe of a discussion with the Halletts who stated that they did not want Council to rezone their property to RG-3 unless the extension of Legislative Avenue is possible. It was his opinion that the committee should recommend denial of the RG-3 zoning.
The committee recommended that the Halletts be notified of Council’s intention to act on the rezoning at the next Regular Council Meeting to afford an opportunity for the Halletts to withdraw the rezoning request and recommended that the RG-3 rezoning request be denied.
Mr. Bewick moved to remove the Hallett rezoning from the table for discussion, seconded by Mr. Hardcastle and unanimously carried.
Informed Council of a letter submitted by the Halletts, withdrawing their request for rezoning, Mr. Bewick moved to accept withdrawal of the rezoning request, seconded by Mr. Hardcastle and unanimously carried.
Mr. Hardcastle moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
The Regular Meeting of Council adjourned into Executive Session at 8:04 p.m.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of December 8, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
December 15, 1980
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