REGULAR MEETING
The Regular Meeting of Council was held on October 27, 1980 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.
In the absence of the Reverend J.H. Williams, Vice-Mayor Hardcastle offered the invocation.
AGENDA ADDITIONS
Mr. Richter requested an additional agenda item designating Renie Martin Day.
Mr. Witt referred to a letter from Ms. Joan Martin, relating to the plan of permitted parking and two hour parking restrictions in the municipal lot, east of City Hall, asking if this would be an agenda addition.
Noting that item #15 on the Agenda related to an ordinance for the parking restrictions, Mayor McDonough requested Council’s opinion on setting a public hearing date for adoption. He felt that a faction of the spectators present were interested in discussing this item. It would be an inconvenience to them to wait for item #15 if Council sets a future public hearing date, affording an opportunity for public input.
Mr. Bewick moved that a public hearing be held on November 10, 1980 at 7:45 p.m. to consider an ordinance designating permit parking and two hour restrictions for the municipal parking lot. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Witt noted that this would automatically delete item #15 relating to the ordinance for the parking lot.
Mr. Witt requested an additional agenda item to present a resolution for Manager Dallas Green and the Philadelphia Phillies.
CITATIONS - ROBBINS HOSE COMPANY / TERRY WITHAM / RANDY STAATS
Mayor McDonough delivered messages from citations presented to the Robbins Hose Company members Terry Witham and Randy Staats; said citations relating to the following:
On October 18, 1980, while cleaning the interior of a gasoline storage tank in Dover, a workman was overcome by fumes and collapsed. The Robbins Hose Company and its members responded within minutes to the call for rescue. Fighting within the narrow tank and its lethal fumes, against the workman’s weight, with a limited air supply and suffering chemical burns from the drenching gasoline, attempts by Randy Staats and finally Terry Witham, were successful in removing William Christmas from the tank.
The citations stated that the heroic efforts of Randy Staats and Terry Witham are clearly above and beyond the call of duty and recognized the unselfish dedication to the protection of life and property by all the volunteer members present.
Chief Charles Boyer was present to accept the citation in behalf of the members of the Robbins Hose Company, congratulating Randy Staats who was overcome by the fumes and Terry Witham who finally succeeded in removing William Christmas from the tank.
PROCLAMATION - NATIONAL BUSINESS WOMEN’S WEEK
Mayor McDonough informed Council of the presentation to members of professional women’s clubs at Maple Dale Country Club on October 25th, claiming October 19th through October 25th, 1980 as National Business Women’s Week.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the following proclamation.
WHEREAS, working women constitute 43 million of the nation’s work force, and are constantly striving to serve their communities, their states and their nation in civic and cultural programs, and
WHEREAS, major goals of business and professional women are to help create better conditions for business women through the study of social, educational, economic and political problems; to help them be of greater service to their community; to further friendship with women throughout the world, and
WHEREAS, all of us are proud of their leadership in these many fields of endeavor,
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, DELAWARE, by the authority vested in me, do hereby proclaim October 19 through October 25, 1980
NATIONAL BUSINESS WOMEN’S WEEK
sponsored by the National Federation of Business and Professional Women’s Clubs, Inc., and urge all citizens in Dover, all civic and fraternal groups, all educational associations, all news media and other community organizations to join in this salute to working women by encouraging and promoting the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes.
RESOLUTION - RENIE MARTIN - KANSAS CITY ROYALS BASEBALL TEAM
Mr. Richter informed Council that Saturday, November 1, 1980 will mark the date for a parade honoring Renie Martin of the Kansas City Royals, where various awards will be presented by public officials.
By motion of Mr. Richter, seconded by Mr. Witt, Council unanimously adopted the following resolution.
WHEREAS, Renie Martin was an outstanding athlete during his tenure through Dover High School, quickly earning recognition as an outstanding baseball player and was chosen as one of the Top Fifteen All State basketball players in the State of Delaware, and
WHEREAS, Renie Martin attended and graduated from the University of Richmond, Virginia, having played semi-professional baseball during this period, and
WHEREAS, in June 1977, Renie Martin progressed to Major League Baseball, having been signed by the Kansas City Royals, and
WHEREAS, the Kansas City Royals were successful in winning the American League Playoffs, making them eligible to participate in the World Series Championship games, and
WHEREAS, due to his outstanding professional abilities in his field, Renie Martin was chosen to pitch for the Kansas City Royals in this all important championship game with the Philadelphia Phillies.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council wish to join all of the citizens of the City of Dover in extending their congratulations to Renie Martin and his family for his great accomplishments in the field of baseball and wish to convey their heartfelt pride that Renie Martin is a part of the City of Dover and hereby designate NOVEMBER 1, 1980 as “RENIE MARTIN DAY” in recognition of his contribution to the City of Dover.
2. That the Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: OCTOBER 27, 1980
RESOLUTION - MANAGER DALLAS GREEN AND WORLD SERIES CHAMPIONS PHILADELPHIA PHILLIES
As approved during the Regular Council meeting of October 14, 1980, Council unanimously adopted the following resolution, by motion of Mr. Witt, seconded by Mr. Carey.
WHEREAS, the Philadelphia PHILLIES were victorious in their efforts to win the Playoffs and later the World Series, and
WHEREAS, this victory by the Philadelphia PHILLIES was a tremendous team effort, spurred by the coaching expertise of Coach Dallas Green, and
WHEREAS, the coaching expertise of Dallas Green and a combined team effort resulted in final victory in the World Series which generated extreme pride in the hearts of all PHILLIES fans.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover wish to join in with PHILLIES fans across the Delaware Valley and throughout the country to extend their congratulations and heartfelt pride to the players and Coach Dallas Green of the Philadelphia PHILLIES for the success of their team in both the Playoffs and the World Series.
ADOPTED OCTOBER 1980
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 14, 1980
The Minutes of the Regular Council Meeting of October 14, 1980 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
Chief of Police Report for the Month of September
The Chief of Police Report for the month of September was unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt.
Building Inspector & Fire Marshal Report for the Month of September
The Building Inspector and Fire Marshal Report for the month of September was unanimously approved by motion of Mr. Carey, seconded by Mr. Carson.
City Alderman Report for the Month of September
The City Alderman’s Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Operating Fund, Cash Receipts Report for the Month of September
The General Operating Fund, Cash Receipts Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of August
The General Operating Fund, Budget Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Water and Sewer Fund, Cash Receipts Report for the Month of September
The Water and Sewer Fund, Cash Receipts Report for the month of September was unanimously approved by motion of Mr. Carey, seconded by Mr. Witt.
Water and Sewer Fund, Budget Report for the Month of August
The Water and Sewer Fund, Budget Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Intergovernmental Service Fund, Cash Receipts Report for the Month of August
The Intergovernmental Service Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of September
The Electric Revenue Fund, Cash Receipts Report for the month of September was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of August
The Electric Revenue Fund, Budget Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement & Extension Fund, Cash Receipts & Disbursements Report - August
The Electric Improvement and Extension Fund, Cash Receipts and Disbursements Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Capital Fund, Cash Receipts/Disbursements Report - July, August & September
The Capital Fund, Cash Receipts & Disbursements Report for the months of July, August and September were unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
Municipal Street Aid Fund, Cash Receipts & Disbursements Report - July, August & September
The Municipal Street Aid Fund, Cash Receipts and Disbursements Report for the months of July, August & September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager’s Report for the Month of September
The City Manager’s Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
J.P. COURT #7 REPORT FOR THE MONTH OF SEPTEMBER
A check was received from J.P. Court #7 for the month of September in the amount of $7,984.08. By motion of Mr. Witt, seconded by Mr. Carey, the J.P. Court #7 Report for the month of September was unanimously approved.
PUBLIC HEARING - WEST SIDE OF SAULSBURY ROAD - NEDA P. BIGGS & MARGARET FITZPATRICK
A public hearing was duly advertised for this time and place to consider rezoning property located on the west of Saulsbury Road, adjacent to and north of EJT Construction Company, owned by Neda P. Biggs and Margaret Fitzpatrick. Mayor McDonough declared the hearing open.
Mr. Nicholas Brown, representing the owners, Mrs. Fitzpatrick and Mrs. Biggs, pointed out that the area along Saulsbury Road is suitable to support commercial activities and the improvements being made to Saulsbury Road and accomplished under the assumption that its function will be that of an industrial arterial highway.
It was his feeling that the Biggs/Fitzpatrick site would be compatible with adjacent residential development since there is an existing natural tree line buffer. He utilized the Hamlet development as an example, where proper planning allows a transition to commercial establishments along Saulsbury Road.
Mr. Brown stated that the combines impact of existing commercial and transportation activity on Saulsbury Road render the Fitzpatrick/Biggs site unsuitable for residential use, leaving commercial, light manufacturing or industrial uses as the only reasonable alternatives.
Attorney Max Terry was present representing owners of the Derrickson site, objecting to the proposed zoning of C-3. Relating to the previous Council Meeting of September 22, 1980, Mr. Terry asked if a legal opinion had been submitted by the City Solicitor in regards to the City’s application for a proposed C-3 zoning. Relating to the public hearing of September 22, 1980, Mr. Terry pointed out that Mr. Hardcastle’s motion to accept the Planning Commission’s recommendation for denial was defeated as was Mr. Bewick’s amendment for a proposed C-3 zoning.
Since the M zoning for the site was never approved, it was his opinion that the City’s application for C-3 zoning is in violation of the Zoning Code which stipulates a reapplication for zoning cannot be submitted within one year. He stated that Council actually took no action on the zoning request, therefore, he assumes that the zoning request for M zoning was disapproved.
By request of Mayor McDonough, the following opinion of City Solicitor Rodriguez was read into the record by Deputy Solicitor Fletcher.
“The above rezoning request was heard at a public hearing held on September 22, 1980. The request was for M (Manufacturing). There was a considerable amount of input. However, once Council closed the hearing, Mr. Hardcastle moved to accept the recommendation of the Planning Commission for denial of the rezoning which motion was seconded by Mr. Carey. Mr. Bewick then moved to amend Mr. Hardcastle’s motion to approve a C-3 zoning which motion was seconded by Mr. Richter. C-3 is a more restrictive zoning so it would have been proper for Council to grant such a rezoning. The vote on the C-3 rezoning was four in favor and three against so it was defeated because a written petition had been filed objecting to the rezoning pursuant to 22 Del. C. §305 which meant that the property could be rezoned only upon a favorable vote of 3/4 of all members of Council which would require six affirmative votes. Next, Mr. Hardcastle’s motion to accept the Planning Commission’s recommendation for denial was defeated by a roll call vote of five no’s and two yes votes. Since Mr. Hardcastle’s motion was to accept the Planning Commission’s recommendation which was for denial of rezoning and since it was defeated in my opinion, Council has taken no action on the rezoning request. In other words Council has not voted to approve the rezoning or to deny the rezoning request.
Mr. Witt then moved that the rezoning be referred back to the Planning Commission and that a public hearing be held on October 27, at 7:45 p.m. with the City of Dover being the applicant recommending C-3 zoning. This motion was unanimously passed.
The question then arises what effect §5.184 has upon the present petition. This section provides that whenever “a petition requesting an amendment . . . has been denied by the City Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year from the date of the prior denial . . .”. The sole exception to this is where the Planning Commission requests Council to reconsider an application within the one year period from the denial of the same “if the land used in the area has changed to such a degree that failure to do so would prevent proper planning and development of the area in question.” §5.184 (b) The obvious intent of this section is to prevent a land owner from flooding Council and the Planning Commission with petition after petition hoping that eventually he will obtain approval. However, in our particular case, no “petition” has been denied because the petition was for M (manufacturing) and no action has actually been taken on this request. Council, by its own motion, sought to approve C-3 zoning for the area and this motion was defeated.
The new proposal is a motion by Council to amend the area to C-3 and in my opinion is not a “petition: as contemplated by §5.184 (a). Therefore, I believe that Council, on its own motion, can rezone the property to C-3 if done in accordance with all other requirements of the zoning ordinance.
Finally, it was brought up by the developers who were seeking rezoning if §15.16 under the C-3 specifications would prohibit them from having no more than 25 persons engaged in the business. In my opinion, this restriction deals strictly with “manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products for sale on or off the premises which is not the type of use that they intend to make of the area.”
Mr. Terry made note of the fact that a petition has been filed by the owner of the Derrickson’s tract, mandating that any decision by Council must be by 3/4 majority vote.
Questioned by Mr. Bewick, Mr. Terry stated that he disagreed with Solicitor Rodriguez’s opinion, that the City’s application for C-3 is not in violation of the Zoning Code.
Mr. Mike Mercer, President of The Hamlet Homes Association, addressed Council, stating his opinion that if the Fitzpatrick/Biggs property is zoned commercial for the purpose intended, a domino effect would follow, resulting in commercial properties along Saulsbury Road to Walker. He felt that this would jeopardize the values of homes in The Hamlet. In behalf of the Association, Mr. Mercer objected to the zoning application.
Mr. Charles B. Carter, Sr. was present and requested that Council give serious consideration to the affect the zoning will have on the neighboring properties.
Mrs. Sarah Moore was present, stating that she resides directly across from the proposed Uniform Supply establishment and objected to the rezoning application.
Mr. Edward J. Troise, owning property adjacent to the Fitzpatrick/Biggs site, objected to the size of the proposed facility and pointed out possible drainage problems due to a large expanse of blacktopping.
Mayor McDonough declared the hearing closed.
Mr. Roe advised Council that the Planning Commission recommended denial of the C-3 zoning due to the proposed site location between commercial and low and medium density residential. He further stated that the proposed laundry facility is a harsh use to be located as a buffer for a transition between commercial and residential properties. It was the Planning Commission’s feeling that the site should be utilized for a minimal typw commercial establishment as a buffer between residential properties.
Mr. Carson moved to table the rezoning until the Regular Council meeting of November 24, 1980. The motion was seconded by Mr. Richter.
Mr. Bewick questioned Mr. Roe as to the impact that a tabling motion would have on the rezoning.
Mayor McDonough requested a five minute recess for Mr. Roe if compile information on Mr. Bewick’s question.
Mr. Roe stated provisions of the Code that stipulate the Planning Commission is bound to a maximum of 45 days for a site approval and 75 days to submit a recommendation to Council on a rezoning. The Code provides no time limit that Council must act on a rezoning; therefore, the hearing on a rezoning can be closed and action table for an indefinite time.
The motion to table the matter was approved by a vote of six (6) yes, one (1) no (Mr. Witt.)
PUBLIC HEARING - AMENDMENT TO SECTION 31-110 - PARKING RESTRICTIONS - THE GREEN
A public hearing was duly advertised for this time and place to consider an amendment to Section 31-110 of the City of Dover Ordinances, describing parking restrictions on The Green. The amendment would permit unrestricted parking on the inner circle of The Green. Mayor McDonough declared the hearing open.
Attorney Max Terry was present objecting to the proposed unlimited parking on the inner circle of The Green. Mr. Terry pointed out past experiences when there was unlimited parking around The Green. This allowed employees who work in offices in the vicinity to park all day, filling all available spaces, making to impossible for patrons of the various business to find a parking space. When the two hour parking restriction was placed on The Green, a marked improvement developed since spaces are now available for those doing business on The Green or in the immediate vicinity. Mr. Terry felt that removing restrictions on the inner circle of The Green would create a situation where employees will monopolize all parking spaces for a full day. He stated that this will not help residents who live on The Green. In lieu of removing the two hour parking restrictions, Mr. Terry suggested issuing resident parking stickers that would allow parking at any time.
Mr. Witt informed Mr. Terry that this had been discussed by Council on several occasions and it was felt that it would create a precedent that would spread throughout the City.
Mr. Boaman felt that Mr. Weyandt’s purpose in proposing unlimited parking on the inner circle was to satisfy two factions, with one being to allow unlimited parking for residents who live on The Green and the other being to retain two hour parking on the outer circle to afford parking for business on The Green.
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 Section 31-110, Schedule XII dealing with parking being prohibited during certain hours and on certain streets as follows:
1. The no parking restrictions are hereby eliminated on the inner circle of the Green presently subject to a two hour parking limit so that there shall be no time limitation on parking on the inner circle of The Green.
ADOPTED: OCTOBER 27, 1980
PUBLIC HEARING - RESCIND ORDINANCE - NO PARKING - DOCTOR’S OFFICE - 20 S. STATE STREET
A public hearing was duly advertised for this time and place to consider rescinding an ordinance permitting a “No Parking - Doctor’s Office” sign, located at 20 S. State Street. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the “No Parking - Doctor’s Office” sign. Mayor McDonough declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously 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 Section 31-110, Schedule XII dealing with parking being prohibited during certain hours and on certain streets as follows:
1. The no parking sign for a doctor’s office at 20 S. State Street is hereby eliminated and parking shall be permitted in said space.
ADOPTED: OCTOBER 27, 1980
COUNCIL CONSIDERATION OF REZONING - 860 & 846 S STATE STREET - DR. ROBERT KIDD
Mayor McDonough informed those present that the rezoning consideration of 860 & 846 South State Street, owned by Dr. Robert Kidd, will not be a public hearing. A public hearing was held on September 22, 1980; said hearing being closed on that date and the matter tabled for review by the Planner. The present zoning of the property is R-8 and the proposed zoning is RG-0.
Mr. Witt moved that the matter be removed from the table, seconded by Mr. Boaman and carried by a vote of six (6) yes, one (1) no (Mr. Richter).
Mr. Witt moved to approve a zoning of RG-0 for 860 and 846 South State Street. The motion was seconded by Mr. Boaman.
It was noted that a petition was submitted by at least 20% of the adjacent property owners, mandating that approval of the rezoning requires a majority vote of six of the elected Councilmen.
In response to a request by Mr. Bewick, Mr. Roe stated that the Planning Commission recommended approval of the rezoning based on land use location criteria, taking into consideration the service that the establishment would contribute to the community, utilizing the guidelines of the Comprehensive Plan. It was the general feeling of the Commission that the zoning of RG-0 falls in the category of good planning.
By a vote of six (6) yes, one (1) no (Mr. Richter) 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 THE LAND LOCATED AT 860 & 846 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 860 & 846 South State Street, owned by Dr. Robert Kidd.
ADOPTED OCTOBER 27, 1980
COUNCIL CONSIDERATION - REZONING - 1027 & 1029 S. BRADFORD STREET - THE AMAZE GROUP
Per the action of Council during their Regular Meeting of September 22, 1980, Mr. Witt moved to remove the matter of a zoning application for 1027 & 1029 S. Bradford Street, owned by The Amaze Group, from the table. The motion was seconded by Mr. Boaman and carried with Mr. Richter voting no.
Mr. Witt inquired of Mr. Roe if he was knowledgeable of the fact that Dr. James P. and Laura H. Kurtz are no longer the equitable owners of the property and have no further interest in the rezoning.
Mr. Roe stated that he did not have the information available.
If Dr. Kurtz is no longer in the purchase of the property, Mr. Boaman stated that he could not agree with the rezoning for the purpose of making the property more saleable for the owners. In the interest of area residents, he felt that Council had the responsibility of considering the type of business that would be utilizing the property before consideration of rezoning.
Mr. Boaman moved for denial of the rezoning request, seconded by Mr. Witt.
Mr. Bewick informed Council that Mr. Boaman’s motion would prohibit a re-application for rezoning for a period of one year, in accordance with the Zoning Code.
Mr. Bewick moved to table the rezoning at 1027 & 1029 South Bradford Street, seconded by Mr. Carey and carried by a vote of four (4) yes, three (3) no (Mr. Richter, Mr. Witt and Mr. Boaman).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 15, 1980 at 3:00 p.m. with Chairman Witt presiding.
Dover Parking Authority - Request to Improve Lot on Loockerman Street - Site of Former Pierce Pharmacy
Mr. Witt referred to the ten items as listed in a letter from the Parking Authority dated September 17, 1980, to improve the vacant lot on Loockerman Street, once occupied by the Pierce Pharmacy. Each item of the list of requests was considered by the committee, directing that Mr. Mogan draft a letter to Council members, outlining the responsibilities that the City would undertake in reference to Parking Authority requests.
Mr. Mogan listed the following recommendations to Council in regards to the City’s role in assisting the Parking Authority to improve the lot:
Items #1 and #2 concern the installation of electric conduit and the removal of a pole in the lot and in this regard the work is just about underway in light of the fact that we finally received the easement necessary for the work on October 17th.
#3. This is the Parking Authority’s responsibility, but the City Engineer will be very happy to recommend to the Authority methods to resolve the problem.
#4. We can assist in providing topsoil and its rough grading on the lot in areas delineated by the Parking Authority.
#5. We will provide old cast aluminum light poles to be converted by the Parking Authority for flag poles as they become available.
#6. Enclosed is the sketch that he would have you consider. I have advised Mr. King in the past to route this sketch through the Planning Commission.
#7. We will be happy to provide stones from the old sewer plant for stepping stones to enable them to build a pathway.
#8. We will also be very happy to give the Parking Authority the old flag pole from the old City Hall.
#9. Their request for benches or light standards is virtually impossible for us to comply with, in that we do not have any benches in stock and light standards are not available on a donation basis.
#10. This item recites a need for receptacles for spot lights to display art shows, etc. and in this regard, we cannot provide free electricity or material so they should have their electrician make the necessary provisions in their construction.
Mr. Witt moved for the City Manager’s recommendation as enumerated in a letter to Council. The motion was seconded by Mr. Boaman and carried with Mr. Bewick voting no.
Peddler’s Permits - Restrictive Areas
In considering problems that have arisen due to peddlers operating in commercial areas, the committee moved to recommend that Mr. Roe be authorized to initiate an ordinance through the Office of the City Solicitor that would restrict peddlers from operating in all commercial areas.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and carried with Mr. Hardcastle and Mr. Richter voting no.
Requirement for Council Public Hearings
Relating to the time and expenditures involved for Council public hearings, Mr. Witt informed Council of the committee’s opinion that hearings are not necessary for simple matters such as parking restrictions, etc.
It was the recommendation of the committee that no public hearings be held on ordinances unless stipulated by Council and where controversial issues are involved, unless mandated by the Charter or State Code.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman.
Mr. Bewick stated his disagreement with the recommendation, feeling that this would deprive public input and create a controversy in Council in deciding what should be advertised for public hearing.
By a vote of six (6) no, one (1) yes (Mr. Witt) the committee’s recommendation failed.
Feasibility of Alderman or Municipal Court
After a complete review of the feasibility of activating the Alderman’s Court or creating a Municipal Court for the City of Dover, it was the committee’s opinion that this would serve no benefit for the City of Dover at this time. The committee recommended that this matter be dropped for future consideration.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Voter Registration - Renewal by Mail
Mr. Witt explained a proposal that would initiate voter registration renewal by inserting a form in the notice of purge that would renew registration for voting eligibility.
The committee recommended that the City Clerk draft an ordinance through the Office of the City Solicitor for future review and action by Council.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
City Wide Census
City Manger Mogan presented a proposal to the committee that would initiate a city-wide census performed by part-time City employees. The total cost of the census would involve approximately $6,000.
The committee felt that an accurate census would be worth the necessary expenditures since it would establish a sound basis for state and federal funding.
The committee recommended that the City Manager be authorized to proceed with a City-wide census, encouraging participation and cooperation of all citizens. This would involve proper advertising, alerting all citizens of the importance of the program.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman.
Before spending the necessary funds, Mr. Bewick suggested that the Census Bureau be contacted to establish if they would accept figures derived from a census taken by the City of Dover.
Mr. Boaman informed Council that federal revenue sharing funds could be effected by approximately $70,000 if the federal census is proven to be 10% off.
Mr. Witt moved to amend his motion to accept Mr. Bewick’s suggestion that this item be delayed for two weeks, stipulating that the City Manager contact the elected Senators and House Members of the State of Delaware and the Census Bureau to establish any proven methodology of conducting a census and if in fact they would accept the City census figures. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Hardcastle moved to accept the Legislative and Finance Committee Report as submitted, seconded by Mr. Carson and unanimously carried.
BUSINESS LICENSES
Mr. Roe referred to the book as submitted by his department, listing all business licenses for 1980/81 that will incorporate monthly supplements.
TELEGRAM - COUNCILMAN WEYANDT’S HOSPITALIZATION
Mr. Hardcastle moved that the City Clerk be directed to send a telegram to Mr. Weyandt who is hospitalized at the University of Pennsylvania, wishing him a speedy recovery. The motion was seconded by Mr. Witt and unanimously carried.
COUNCILMEN - CITY WIDE TOUR
Mayor McDonough requested that Councilmen contact the City Manager if interested in a tour encompassing the perimeters of the City in various facilities.
CORRESPONDENCE
Traffic Hazards - North Governors Avenue, Between Clara and Ross Streets
A letter was received from area residents of North Governors Avenue, requesting Council consideration of a hazardous traffic condition on North Governors Avenue caused by speeding vehicles that have been involved in personal injuries and property damage.
Mr. Witt moved that the matter be referred to the Safety Advisory Committee, stipulating that the City Clerk notify area residents of the meeting for public input. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Witt moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:42 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of October 27, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
November 3, 1980
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