Regular City Council Meeting
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Oct 14, 1980 at 12:00 AM

REGULAR MEETING

The Regular Meeting of Council was held on October 14, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter. Mr. Bewick was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

AGENDA ADDITIONS

Mr. Carson requested an additional agenda item to discuss street lights between Loockerman Street and the State buildings and Water Street. Mr. Weyandt requested to include Duke of York Street.

Mr. Boaman requested additional agenda items to discuss school crossing guards and quarterly meetings between Council and Council staff members.

Mr. Weyandt requested an additional agenda item to discuss traffic lights in the City.

Mr. Witt requested an additional agenda item to consider a congratulatory resolution to Dallas Green, Manager of the Philadelphia Phillies.

CITY OF DOVER ENERGY AWARD

Mayor McDonough read a letter from Governor DuPont to members of Council naming him and the City of Dover as a recipient of an energy award. Ceremonies took place in Gov. DuPont’s Wilmington office of October 7, 1980, where City Manager Mogan was present to receive the award.

Mayor McDonough congratulated Mr. Mogan for his efforts in the conservation of energy during the past winter months.

PROCLAMATION - HALLOWEEN OBSERVANCE - TRICK OR TREAT

By motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously approved the following proclamation.

WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and

WHEREAS, the Mayor and Council of the City of Dover has deemed it advisable to restrict the observance of this holiday to October 30, 1980.

NOW, THEREFORE, BE IT PROCLAIMED AND DECLARED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That the Halloween observance shall be held on the 30th day of October 1980 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.

2. That observance of trick or treat be limited to the evening of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.

3. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.

4. That any person violating this, the Proclamation of the Mayor and Council of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinances of the City of Dover.

PROCLAMATION - DELAWARE OIC MONTH

By motion of Mr. Hardcastle, seconded by Mr. Boaman, Council unanimously approved the following Proclamation.

BE IT KNOWN TO ALL RESIDENTS OF DOVER:

I, Joseph M. McDonough, Mayor of the City, do hereby proclaim and designate October, 1980, as Delaware OIC Month, and ask that it be observed with honor and dignity;

WHEREAS, DELAWARE OIC, a part of OPPORTUNITIES INDUSTRIALIZATION CENTERS FAMILY, founded by the Reverend Dr. Leon H. Sullivan is active throughout this area in its effort to find, train and assist people interested in changing their lifestyle of hardship and other barriers through training and self pride:

NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, Mayor of the City of Dover, do hereby proclaim October 1980, as Delaware OIC Month in support and appreciation of this fine program.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 22, 1980

The Minutes of the Regular Meeting of September 22, 1980 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hardcastle and bore the written approval of Mayor McDonough.

UTILITY COMMITTEE REPORT

Lakeview Drive Improvements

Mr. Richter informed Council that proposed improvements to Lakeview Drive have been reduced considerably. Staff is in the process of developing the modified design that will be presented to residents of the area for comments at a future committee meeting.

Electric Rules and Regulations

Referring to the electric rules and regulations and an ordinance that would initiate an industrial cost recovery for the sewage system as mandated by EPA, Mr. Weyandt stated that he personally would require more time to study the documents before making a final decision. He suggested that Council hold a workshop on the two items.

Mr. Witt stated that the revised rules and regulations incorporate certain charges that would be incurred by citizens of the City of Dover and felt that these charges should be thoroughly discussed with an opportunity for the residents to participate at a public hearing. Specifically, he was concerned that the stated charges for such items as checking meters, noting that amounts are not mentioned in the regulations.

Mr. Weyandt moved that Council table electric rules and regulations and the sewer ordinance, incorporating an industrial cost recovery until a workshop can be held prior to the Planning Commission meeting on October 20th and that a public hearing be scheduled for November 10th at 7:45 p.m. on both of the aforementioned matters. The motion was seconded by Mr. Witt and unanimously carried.

Storer Communications

The committee discussed a recent 3¢ increase in Storer Communications television cable fee. It was explained that Delaware Teleservice had originally requested a 5% increase, which included a utility tax. The former fee was $6.55 per month.

After the purchase of Delaware Teleservice by Storer Communications, it is assumed that they discovered that Delaware Teleservice rounded off the monthly rate from $6.88 to $6.85.

(Subsequent research by the Office of the City Clerk reveals that Council, on May 8, 1978, approved a rate increase of 35¢, or $6.85 per month by a majority vote of six (6) yes, one (1) no (Mr. Bewick) with Mr. Carson absent.)

Mr. Witt moved that the City Manager write a letter to Storer Communications informing them of their overcharge on billings and requesting that they cease and desist in like billings, refunding all fees that were charged in excess of $6.85 per month. The motion was seconded by Mr. Weyandt and unanimously carried.

Request for City Water - David & Mable Henry - State College Road

Mr. Mogan explained that this request would be treated in the same manner as was approved for Dr. Mishoe’s property on State College Road.

David and Mable Henry requested City water off of State College Road with their property being located one block from the main. The Henry’s would pay a tapping fee of $850 per lot and install a 2" meter at their cost at State College Road. The required distribution lines and plumbing would be paid by Mr. & Mrs. Henry. Included in the committee’s recommendation was a stipulation that the Henry’s could not expand any facilities on the present lots.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Mr. Hardcastle moved to accept the Utility Committee Report as submitted, seconded by Mr. Boaman and unanimously carried.

PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT

The Parks, Playgrounds and Trees Committee met on October 6, 1980 at 7:00 p.m. with Chairman Hardcastle presiding.

Suggested Improvements to Park Rules and Regulations

Mr. Hardcastle reviewed the following suggestions submitted by Councilman Witt to improve the operation of the City of Dover Park and Recreation area:

     Disbursement of Rules and Regulations

     Mr. Witt suggested that the rules and regulations be disbursed to groups using the park area.

The City Manager informed the committee that the rules and regulations are posted at the entrance and Mr. Knox is devising a flyer listing all rules. In addition, the permit form utilized by persons applying for the use of areas lists all basic rules.

It was the recommendation of the committee to accept the present procedures for disbursing the rules and regulations.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.

     Park Personnel to Monitor Special Functions During Off Hours

In reviewing this suggestion, as submitted by Mr. Witt, Mr. Mogan stated that City functions are monitored but it would be difficult to have personnel available for every function scheduled. In addition, the present budget does not incorporate funds for monitoring all activities. A cost of over $3,000 would be encountered if a guard for special functions was employed.

     Utility Poles to Barricade Parking on Grass

Mr. Mogan informed the committee that implanting poles to barricade parking on grass areas within the park would cost approximately $11,000. Regardless of the type of installation, he stated that utilizing used poles would deprive the City of an annual income of $5,000, stating that used poles are sold to individuals.

Considering the cost factor and deterioration of park aesthetics if the poles were installed, it was the recommendation of the committee that no such installation be initiated.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and carried with Mr. Witt voting no.

     Blocking Entrance to Park Area After Hours

The committee next reviewed the suggestions that a method of blocking the park entrance after hours be devised.

Mr. Mogan stated his doubt of eliminating use of the park by blocking the entrance since a greater portion of the disturbances have been caused by foot traffic and motorcycles who could circumvent a gate or barricade. It was also mentioned that a locked gate on the entrance would greatly expand response time in case of trouble in the park. In addition, park personnel would find it difficult to inform those present at closing time that the gate would be locked.

Weighing the disadvantages of blocking the park entrance against possible security increase, the committee recommended to leave the park entrance as it presently exists.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and carried with Mr. Witt voting no.

     Posting of Rules Throughout Park Area

Mr. Knox informed the committee that smaller signs could be placed throughout the park such as “No Alcoholic Beverages” or “No Parking”. These signs could be purchased at $120 per dozen or a total expenditure of $240 for one dozen of each sign.

It was the recommendation of the committee that authorization to approve the purchase be initiated.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.

Rates and Fees - Recreation Department

Mr. Weyandt expressed concern that an increase in user fees for various functions in the park would diminish participation in the various activities to the point where it would not be feasible economically to continue with certain programs. As suggested in the Parks Committee minutes, Mr. Weyandt emphasized the importance of periodic reports on participation in the various programs to determine the feasibility of continuing programs if participation drops to extreme low levels.

Mr. Knox submitted a proposal that would generate 25% revenue from services furnished by the Recreation Department.

     Tennis Instruction - Slimnastics

The committee recommended a fee of $15.00 for twelve hours of tennis instructions and $10.50 for a slimnastic session.

     Mr. Hardcastle moved for the recommendation, seconded by Mr. Carey and unanimously carried.

     Fees - Bus Trips

     It was the committee’s recommendation that a 15% increase in fees be levied for bus trips.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.

     Fees - Leagues and Tournaments

The committee recommended a 10% increase in fees for leagues and tournaments to cover costs involved in equipment, officials, supplies, and awards.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.

     Field Rental - Softball Tournaments

The committee recommended that a fee of $25 per field per day be levied for persons using the facilities for softball tournaments.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.

     Use of Lights Fee

Mr. Knox proposed the fee structure for the use of lights on ball fields be modified from the present fee of $10 per night to $7.50 per hour. He explained that this would initiate a more equitable fee for groups who use the facility at varied lengths of time. The lights will be monitored by the City for assurance that the lights will be turned off within a reasonable time after termination of use.

The committee recommended that the fee for use of ball field lights be established at $7.50 per hour.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.

     Individual Fee - Gymnasium Drop In Activities

Mr. Knox related to the fees charged by the School District for use of the school’s gymnasium utilized for drop-in activities, recommending that a fee of $7.50 be levied for one day usage and $15 for two day’s usage, during the 15 week season. For example, individuals wishing to use a gymnasium for one day during the weekend, over a 15 week period, would pay $7.50 and persons wishing to utilize the gym on both Saturday and Sunday, during the 15 week season, would pay $15.

It was Mr. Hardcastle’s opinion that the charge would be penalizing children or young adults who participate in this program, expressing this concern during the committee meeting.

     The committee recommended approval of the fee structure as proposed by Mr. Knox.

     Mr. Hardcastle moved for approval of the committee’s recommendation, seconded by Mr. Carey.

Mr. Weyandt moved to amend the motion, stipulating that a report be submitted by the Recreation Director outlining participation in all of the activities where fee increases have been initiated, with this report to be presented to the Parks, Playgrounds and Trees Committee during their February meeting. The amendment was seconded by Mr. Boaman and carried with Mr. Carey voting no.

The main motion, as presented by Mr. Hardcastle, which established a fee for drop-in activities was carried by a vote of four (4) yes, three (3) no (Mr. Hardcastle, Mr. Carey and Mr. Carson).

     Recreation Center Membership Fee

In accordance with a proposal presented by Mr. Knox, the committee recommended that the annual membership fee for the Recreation Center be raised to 42.00 with a 25¢ charge for replacement of identification cards.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.

Questioned by members of Council, Mr. Knox proposed that all fee increases be implemented as reinstatement of the various programs are due. The Center membership fee will become effective January 1, 1981.

Mr. Weyandt moved for acceptance of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Boaman and unanimously carried.

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on October 6, 1980 at 8:00 p.m. with Chairman Hardcastle presiding.

Dr. Marvin Berman - Parking - Loockerman Street

The committee considered a request from Dr. Marvin Berman that would establish a “Doctor’s Office Parking Only” sign in front of his business at West Loockerman Street. It was noted at this time that no other like parking now exists in the City of Dover.

Mr. Hardcastle stated his desire to grant this request, noting that permission was granted in 1948 and a sign existed at this location for several years.

The committee recommended denial of Dr. Berman’s request, with said recommendation opposed by Chairman Hardcastle.

Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman.

Mr. Hardcastle moved to amend Mr. Witt’s motion that would create a space on the northwest corner of Loockerman Street and New Streets as a drop-off for handicapped persons only. He explained that this is not a regular marked parking space at this time. The amendment was seconded by Mr. Weyandt.

A faction of the members of Council opposed approval of any parking in an undesignated parking space. Mr. Witt called for the question on the amendment.

By a vote of four (4) no, three (3) yes, the amendment failed.

Mr. Witt called for the question on the main motion.

By a vote of six (6) yes, one (1) no (Mr. Hardcastle) the motion to deny Dr. Berman’s request was carried.

East Loockerman Street Traffic Survey

Mr. Hardcastle reported completion of the traffic survey by the State Highway Department that endeavored to develop a solution to the traffic problems on East Loockerman Street as presented by area residents.

It was the opinion of the committee that the alternatives as presented by the State Highway Department report did not present a solution that was satisfactory to area residents or committee members.

Therefore, the Safety Advisory Committee recommended that East Loockerman Street flow remain as it now exists.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.

Parking - The Green

It is noted that letters were received from Supreme Court Justice Horsey and Mrs. Max Terry objecting to restricted parking on The Green. It was the opinion of both residents that some exceptions should be made to provide on-street parking.

During the committee meeting, Mr. Mogan reported a survey of other areas, specifically the City of Wilmington, that revealed certain problems when special parking privileges are initiated for residents unless accomplished on a City-wide basis.

After a thorough discussion, the committee recommended that two hour parking on the circular portion of The Green only be eliminated.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey.

Mr. Weyandt disagreed with any special parking privileges for residents living on The Green. However, he felt that the eight or ten residents living on The Green should be given some consideration.

Mr. Weyandt moved to establish a substitute motion that would eliminate two hour parking on the inner circle of The Green and retain the two hour parking restriction on the outer circle of The Green. The substitute motion was carried by a vote of six (6) yes, one (1) no (Mr. Richter).

Mr. Witt moved that a public hearing be held on October 27, 1980 at 7:45 p.m. to rescind the ordinance, stipulating two hour parking only on the inner circle of The Green. The motion was seconded by Mr. Carey and unanimously carried.

Bike Path - East Lake Gardens to Silver Lake Area

Stemming from a request from Mr. Howard Lewis and son to consider a bike path along the lake area from East Lake Gardens to the Silver Lake Recreation Area, the Planning Commission stated that it would be impossible to build the path due to the many problems presented by private properties between the two points.

The Planning Commission’s study, however, revealed a very hazardous condition from Pugh’s Arco, at the intersection of Route #13 and the Leipsic Road, south on Route #13 to Jonathan’s Restaurant at Loockerman Street. They suggested that the City of Dover contact the Department of Highways and Transportation to explore the possibility of constructing a sidewalk from the intersection of Route #13 and the Leipsic Road south to Loockerman Street, suggesting that the sidewalk could be used jointly as a bike path.

The Safety Advisory Committee recommended approval of the Planning Commission’s suggestion. Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried. The motion incorporated a stipulation that the City Manager’s Office convey this matter to the State Highway Department through correspondence.

Parking Lot - East of City Hall - All Day Parking Fee/Two Hour Parking

The Safety Advisory Committee reviewed a sketch of the parking lot east of City Hall as submitted by Mr. Mogan. The sketch outlined a proposal that would delineate 84 two hour free parking spaces in the front section, adjacent to the Plaza, leaving 115 spaces in the rear that could be permitted on a monthly fee basis. Mr. Mogan stated tat the permitted spaces would produce the revenue for the City and the remaining two hour parking spaces would be more practical for citizens patronizing City Hall and the businesses in the downtown area. He recommended a $10 monthly fee for all day parkers that would incorporate some sort of identification for each vehicle to indicate approved parking.

Questioned by Mr. Weyandt, Mr. Mogan felt that the 115 permitted spaces would be adequate for the time being but could be adjusted in the future if warranted.

The committee recommended approval of Mr. Mogan’s proposal as presented.

Mr. Witt moved for approval of the committee’s recommendation to be implemented as of November 1, 1980. The motion was seconded by Mr. Weyandt.

Mr. Boaman moved to amend the motion designating revenues derived from the permitted parking to the Dover Parking Authority to help defray principal and interest payments on debts incurred throughout the years. The motion failed for lack of a second.

Mr. Witt moved for a question on the main motion, which was unanimously carried.

No Parking Sign - Doctor’s Office - 20 South State Street

Council was informed of a “No Parking - Doctor’s Office” sign that exists at 20 South State Street, previously designated for the office of Dr. Blum and no longer utilized.

The committee recommended to have the sign removed and to rescind the ordinance authorizing same.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Mr. Weyandt moved to establish a public hearing on October 27, 1980 at 7:45 p.m. for the purpose of rescinding the ordinance. The motion was seconded by Mr. Carey and unanimously carried.

Four Way Stop - Townsend Boulevard and Buckson Drive

Resulting from a traffic survey submitted by Chief Klenoski, the committee recommended a four way stop at Townsend Boulevard and Buckson Drive, establishing signs for the east/west flow of traffic as well as the north/south flow.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried, adopting the following ordinance.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. Stop sign shall be installed at the southwest corner and the northeast corner of the intersection of Townsend boulevard and Buckson Drive requiring all vehicles to stop for said stop sign.

2. This ordinance shall be enforced upon installation of the appropriate signs.

ADOPTED OCTOBER 14, 1980

By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously accepted the Safety and Advisory Committee Report as submitted.

SET PUBLIC HEARING - GENERAL RESIDENCE ZONE - RG-4 APARTMENTS - CLOSED ZONE

The Planning Commission recommended to Council an amendment to the zoning ordinance that would close the general residence zone from multi-story apartments, specifically, RG-4.

Prior to amending the zoning map or zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously set a public hearing to consider adoption of this ordinance for November 10, 1980 at 7:45 p.m.

DATE FOR JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION

Referring to agenda items of the Planning Commission meeting to be held on October 20th, Mr. Boaman felt that a joint meeting of the two bodies should be held at 6:30 p.m. to discuss matters that might be pertinent to commission action during their regular meeting.

Mr. Boaman moved that a joint meeting of Council and the Planning Commission be held at 6:30 p.m. on Monday, October 20, 1980, seconded by Mr. Weyandt and unanimously carried.

APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 17, 1980

Mayor McDonough appointed Councilmen Witt and Richter and Mr. Willis to serve as judges of the Robbins Hose Company election, to be held on November 17, 1980.

REZONING REQUEST - 450A & 451 WHITEOAK ROAD - RUTH ANN PROBST

A request was received from Ruth Ann Probst to rezone property located at 450A and 451 Whiteoak Road for the purpose of single family homes. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain lands located at 450A and 451 Whiteoak Road are presently zoned for R-20 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a public hearing be held in City Hall on November 10, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 that property located at 450A and 451 Whiteoak Road, owned by Ruth Ann Probst.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED OCTOBER 14, 1980

APPOINTMENTS - CITY BARGAINING TEAM

Mayor McDonough appointed Chairman Weyandt, City Manager Mogan, and Chief Klenoski to serve on the Police Bargaining Team.

Mr. Boaman moved for approval of the appointment, seconded by Mr. Witt and unanimously carried.

STREET LIGHTS - STATE COMPLEX

Mr. Carson noted his observance of the street lights around the Capital Complex, encompassing North Street, Federal Street and Legislative Avenue, stating that some are very dim and other are not lighted at all. He felt that the public should know that these street lights are maintained by the State and are not the responsibility of the City of Dover.

Mr. Mogan informed Council of conversations with Mr. Felty, State Custodian, who stated the lack of money to replace very old underground wiring containing faults. He has offered the City’s technology and instruments to assist the State in finding the fault areas.

Mr. Felty stated that replacement of the underground wiring is in future planning but could not name a specific date.

Mr. Richter moved to authorize Mr. Mogan to write a letter to Ms. Lydia Boyer requesting that the State make this project a top priority. The motion was seconded by Mr. Boaman and unanimously carried.

Mr. Weyandt added that he counted 18 street lights not illuminated from Water Street down Federal Street and Duke of York Street.

SCHOOL CROSSING GUARDS

Mr. Boaman referred to a letter from Dr. Goate’, Superintendent of Schools, dated October 8th, listing ten points of an agreement derived from meetings between the School Board and a representation of Council. He noted the time and work put forth by both organizations that resulted in a method to resolve the question of responsibility for school guards.

Mr. Boaman requested that Council approve the stipulations as outlined in Dr. Goate’s letter.

Mr. Carson questioned item #10, which states “as a last resort in those cases where no substitute can be found, the Police Department would be requested to cover that location; again the stress would be that this would only be utilized as a last resort”.

Mr. Mogan informed Council that his office has advertised for substitute school crossing guards with assistance from WKEN. Applications are being received and in his opinion, he did not feel that the provision for Police substitutes would be abused.

Mr. Hardcastle moved for approval of the Capital School District’s 10 point program for one year only. The motion was seconded by Mr. Richter.

Questioned by Mayor McDonough, Mr. Boaman stated that he would change the wording of item #7 to read that the School District would bear all unemployment costs during a one year period of time. He included this as a stipulation of his motion for approval.

Referring to item #8 of the School Board proposal, Mr. Boaman agreed that the last sentence should read “Legislation would also be requested that would give authority to Kent and Sussex Counties to tax for the cost of school crossing guards”. Mr. Boaman made this a stipulation for his motion of approval.

In reference to item #10, related to utilization of uniformed police to cover locations that are unguarded, Council agreed that a provision should be made that this would become void if abused, subject to the opinion of the Chief of Police.

For purposes of clarity, Mr. Boaman withdrew his original motion as did Mr. Richter which was restated in the following manner:

Mr. Boaman moved that the ten points listed in the letter from the Capital School District be accepted with the clarifications discussed in items #7, #8, and #10, and that these ten points be adopted for a period of one year.

Clarification of item #7 will read “The crossing guards hired by the City would remain under their supervision for a one year period of time with the understanding that the School District would bear 100% of the unemployment costs during that period of time.”

Clarification of item #8 with read “Most importantly, contact would be made with the State legislators from this area to pursue a change in state law relative to employment cost. Legislation would also be requested that would give authority to Kent and Sussex Counties to tax for the cost of school crossing guards”.

Clarification of item #10 will read “As a last resort in those cases where no substitute can be found, the Police Department would be requested to cover that location; again, the stress would be that this would only be utilized as a last resort. Any abuse of this provision could result in the Cit withdrawing any availability of uniformed police for substitution, subject to the recommendation of the Chief of Police”.

Mr. Weyandt seconded the motion. The motion was unanimously carried with Mr. Bewick absent.

QUARTERLY MEETINGS - COUNCIL STAFF AND COUNCIL MEMBERS

Mr. Boaman suggested initiating quarterly meetings consisting of Council staff members and members of Council for the purpose of discussing items in private that should not be brought upon the Council floor.

Questioned by Mr. Weyandt, Mr. Boaman stated that the term “Council Staff” designates personnel working directly for Council that would include Mr. Mogan, Mr. Roe, Mr. Hayes, and Mr. Willis.

Mr. Boaman moved that Mr. Mogan set up a meeting date and procedure for same to be presented at the next Council meeting to include Council members and Council staff. The motion was seconded by Mr. Hardcastle and carried with Mr. Witt, Mr. Carson and Mr. Richter voting no.

It is noted that Mayor McDonough and Chief Klenoski will be invited to attend the meetings upon notification by Council.

TRAFFIC LIGHTS

Mr. Weyandt informed Council that recently installed traffic lights in the downtown area are covered by warranty that expires on December 1, 1980. Reading from the contract, Mr. Weyandt quoted the stipulation that a resolution from Council is necessary before final approval. Mr. Weyandt stated that he would not approve a resolution until such time as the traffic lights are properly synchronized in the downtown area.

Mr. Mogan stated that the contractual provisions as read by Mr. Weyandt relate to the mechanical aspect of the traffic system only. Synchronization was initiated by the project engineer who used available traffic information.

Mr. Mogan requested a definition of the complaint on synchronization.

As an example, Mr. Weyandt stated that starting from State Street, traveling west on Division Street, a vehicle could not traverse through the traffic lights to the railroad track without stopping twice. In addition, he felt that the traffic lights at North Street and Loockerman Street on State Street are not properly synchronized, causing a back-up of traffic.

Mr. Weyandt moved that the contractor be asked to appear before the Utility Committee to explain why the traffic light system cannot be put into satisfactory condition. The motion was seconded by Mr. Richter and unanimously carried.

PHILADELPHIA PHILLIES - DALLAS GREEN

Mr. Witt moved that a congratulatory resolution be prepared by the Office of the City Clerk forwarded to Dallas Green, Manager of the Philadelphia Phillies, offering Mayor and Council’s congratulations on the team’s effort in winning the 1980 pennant. The motion was seconded by Mr. Boaman and unanimously carried.

Meeting Adjourned at 10:10 P.M.

                                                                                    WILLIAM H. WILLIS

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of October 14, 1980, are hereby approved.

JOSEPH M. MCDONOUGH

                                                                                    MAYOR

October 21, 1980

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