REGULAR MEETING
The Regular Meeting of Council was held on September 22, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
In the absence of the Reverend J.H. Williams, Council Chaplain, Mayor McDonough dispensed with the invocation.
ADDITIONS OR DELETIONS OF AGENDA ITEMS
Mr. Mogan requested an additional agenda item to discuss EPA provisions regarding industrial cost recovery that would require an amendment to the sewer ordinance.
JOINT MEETING - COUNCIL AND PLANNING COMMISSION
Mayor McDonough requested an additional agenda item to discuss a letter from Mr. Roe requesting a joint meeting of City Council and the Planning Commission to discuss the question of hearings before the Planning Commission that are not public hearings.
It was the general feeling of Council that a joint meeting could be arranged for either the first regular meeting of Council in the month of October or following a Planning Commission meeting that is held on the third Monday of each month. Council will be polled to arrange a date.
RESOLUTION - WIRE TRANSFER OF BANK FUNDS
Mr. Mogan stated that banks now require an official record of authorized persons to transact bank account transfers by telephone or in the banking term, by wire. It is necessary that Council approve City of Dover authorized personnel for official bank records.
By motion of Mr. Weyandt, seconded by Mr. Boaman, Council by a unanimous roll call vote, adopted the following resolution.
BE IT RESOLVED, that the Finance Director, City Clerk/Treasurer or the City Manager are hereby authorized and empowered to do each and every act that an Authorized Representative may do in accordance with the Rules Governing Wire Transfers promulgated by Delaware Trust Company from time to time.
BE IT FURTHER RESOLVED, that the foregoing resolution shall continue in full force and effect until a certified copy of a subsequent resolution adopted by the City of Dover Council, modifying or rescinding the above resolution, shall have been actually received by Delaware Trust Company.
ADOPTED: SEPTEMBER 22, 1980
PROCLAMATION - CONSTITUTION WEEK
Mayor McDonough issued the following proclamation, designating September 17 - 23 of each year as Constitution Week.
WHEREAS, it is the privilege and duty of the American people to commemorate the one hundred ninety-third anniversary of the adoption of the Constitution of the United States of America with appropriate ceremonies and activities; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation, by the President of the United States of America, designating September 17 through 23 of each year as Constitution Week,
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, DELAWARE, DO HEREBY PROCLAIM THE WEEK OF SEPTEMBER 17 THROUGH 23, 1980, AS
CONSTITUTION WEEK
and urge all citizens to study the Constitution, to express gratitude for the privilege of America citizenship in our Republic functioning under the superb body of laws - the Constitution of the United States of America.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1980
Mr. Weyandt requested that the Regular Council Meeting of September 8, 1980 be corrected to include Mayor McDonough as a member of the Long Range Planning Committee.
The Minutes of the Regular Council Meeting of September 8, 1980 were unanimously approved as corrected by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
Chief of Police Report for the Month of August
The Chief of Police Report for the month of August was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of August
Mr. Witt moved to refer a review of the permit fees issued by the Building Inspector to the Legislative and Finance Committee. The motion was seconded by Mr. Bewick and unanimously carried.
The Building Inspector & Fire Marshal Report for the month of August was unanimously approved by motion of Mr. Weyandt and unanimous carried.
City Alderman Report for the Month of August
The City Alderman’s Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Operating Fund, Cash Receipts Report for the Month of August
The General Operating Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of June & July
Mr. Richter expressed concern for departments exceeding their budgets. He felt that this matter should be reviewed, making budget line items mandatory rather than just a guideline.
Mr. Richter moved for referral to the Legislative and Finance Department in an effort to set up a mechanism restricting overages in budget line items and that variance reports be submitted possibly on a quarterly basis for Council perusal. The motion was seconded Mr. Bewick.
Mayor McDonough expressed a desire that the Legislative and Finance Committee take into consideration that departments should not be locked into exactness on budget line items, taking into consideration provisions for explainable overages.
Mr. Richter’s motion was unanimously carried.
By motion of Mr. Richter, seconded by Mr. Bewick, the General Operating Fund, Budget Report for the months of June and July were unanimously approved.
PUBLIC HEARING - REZONING - 860 & 846 S. STATE STREET - DR. ROBERT KIDD
A public hearing was duly advertised for this time and place to consider rezoning 860 & 846 S. State Street, owned by Dr. Robert Kidd, for the purpose of professional offices. Mayor McDonough declared the hearing open.
Attorney Max Terry was present representing Dr. Robert Kidd.
Noting that a contingent of residents were present opposing the zoning, Mr. Terry stated that the zoning ordinances were devised for the purpose of protecting residents to assure zoning that is harmonious, compatible and not harmful to the area. However, it was his opinion that the property owner should be afforded reasonable usage of his land. He referred to a petition that was submitted, containing 16 property owners in close proximity to Mr. Kidd’s property who were in favor of the rezoning. In retrospect, a petition submitted by other area property owners contain names of persons who do not live in close proximity to Dr. Kidd’s property. Mr. Terry added that this particular area of S. State Street has been developing toward professional buildings and contains several commercial establishments. This, he felt, should be recognized in Council’s decision for rezoning.
Mr. Terry submitted a sketch of the proposed office building, noting its appearance as a home rather than a professional office. Parking would be available to the rear of the building with access from State Street and no access to the alley. He felt that the overall plan would be an asset to the neighborhood. He felt that it would be contradictory for Council to deny this rezoning, noting the various professional buildings in the area.
Mr. Terry introduced Mr. Penn Emerson, real estate broker residing at 24 Woodburn Circle, who spoke in favor of the rezoning. Mr. Emerson stated that he could foresee no adverse consequences to residents in the area. It was his opinion that Dr. Kidd’s proposed establishment would enhance and beautify the site, being an asset that would increase property values of S. State Street.
Mr. Charles Coleman of 1063 S. Bradford Street, spoke in favor of the rezoning, stating that the proposed professional building would greatly improve the area and increase property values.
Dr. Robert Zurkow was present stating that his office, located at 804 S. State Street, has been in existence for seven or eight years. During this time, he has heard no detrimental comments on the presence of his establishments, but instead, opinions that his building certainly enhances the neighborhood. He also pointed out similar professional buildings in the area, along with several commercial properties.
Mr. Al Caporaso of Woodsedge Road stated that one of the reasons he settled in close proximity to South State Street was the convenience of having accounting offices, dentists offices, drug store, church and other services for his convenience. It was his feeling that some of the residential properties in the area of Dr. Kidd’s property could be maintained as attractively as the existing professional buildings. It was his opinion that the proposed professional building would be an asset to the neighborhood.
Questioned by Mr. Hardcastle, Mr. Terry stated that the names contained on his petition were derived from the area of Holy Cross Church, south to Wyoming Avenue on State Street.
Mrs. Shirley Kocher of 1051 S. Bradford Street, a nineteen year resident of the area, stated that she used to reside across from the Medical Arts Building. The move to her present residence was promulgated by patrons of the Medical Arts Building parking in front of her house, leaving various items of debris. She also pointed out that persons using these services do not always park in the provided parking areas. This causes additional on-street parking, creating a hazardous condition, especially near intersections where children are crossing the street and do not have the proper view of on-coming traffic. Mrs. Kocher was also concerned that necessary blacktopping of the parking area for the proposed professional office would cause additional run-off, contributing to an already bad drainage situation in the area. She added that Dr. Kidd did not properly maintain these properties during the interim of the application for the proposed rezoning.
Mrs. Evelyn Augustinovnicz of 1031 S. State Street, was present to speak against the rezoning, stating her concerns for increased traffic flow and the gradual conversion of residential homes to professional buildings in the area.
Ms. Carrie Sipple, representing Katie Kichline who lives adjacent to Dr. Kidd’s property on S. State Street, was present to speak against the rezoning, noting the already over-abundance of traffic. Ms. Sipple stated that she thought the zoning is entirely inappropriate for the area. It was her desire that Council halt further zonings for professional buildings to preserve the remaining residential area.
Mr. James Clark of 1041 S. State Street was present to speak against the rezoning, stating that he has seen ten medical centers built in the area since the beginning of his residency. It was his opinion that the medical centers have diminished the value of property. Mr. Clark added that safety in alleys, storm drainage and an increase in litter were negative factors for area residents.
Mr. Boaman disagreed with Mr. Clark’s statement on diminishing values, citing other residential areas where property has increased in value and residents live harmoniously with doctor’s and lawyer’s establishments.
Mr. Clyde Shipman of 1086 S. Bradford Street reiterated the negative factors on rezoning the property and expressed a desire that the City come to a final decision on the continuing trend of professional buildings on S. State Street and S. Bradford Street.
Mr. Thomas Maull of S. State Street was present to speak against the rezoning, expressing a desire to keep the neighborhood residential.
Mayor McDonough declared the hearing closed.
Mr. Roe stated that the Planning Commission voted four (4) to three (3) in favor of the rezoning, pointing out that the Comprehensive Plan is merely a guide and the trend towards professional buildings in the area was established by the legislative body.
Mr. Bewick moved to defer any action on the rezoning for one (1) month and during this period, Mr. Roe present a revised plan for the area of S. State Street, S. Bradford Street and S. Governors Avenue. The motion was seconded by Mr. Weyandt.
Mr. Weyandt could foresee the center of Dover becoming a ghost town due to the properties owned by the schools, State of Delaware and Kent County. He pointed out that a majority of these facilities employ persons who leave town after work. He agreed that a plan should be submitted for the area that would designate future trends.
Mr. Bewick called for a question on the motion, seconded by Mr. Hardcastle and carried.
A vote on Mr. Bewick’s motion to defer action on the rezoning until the second meeting of October was carried by a majority of five (5) to three (3).
Questioned by Mr. Hardcastle, Mr. Roe explained that the matter would be considered at the Planning Commission meeting of October 20th for Council action on October 27th. At this point, Mr. Bewick requested a five minute recess.
PUBLIC HEARING - REZONING - 1027 & 1029 S. BRADFORD STREET - THE AMAZE GROUP
A public hearing was duly advertised for this time and place to consider rezoning 1027 & 1029 S. Bradford Street, owned by The Amaze Group (Eric W. & Amy L. McGrew), for the purpose of professional offices. Mayor McDonough declared the hearing open.
Attorney Michael Parkowski was present representing Dr. James Kurtz and wife, Laura, who are the equitable owners of the property to be considered; said property being adjacent to the Medical Arts Building.
Mr. Parkowski stated that Dr. Kurtz is a full-time professor of Delaware State College; therefore, the use of the property for professional purposes would only occur between the hours of 4:00 p.m. and 8:00 p.m. Dr. Kurtz is a licensed psychologist. He stated that there would be no exterior structural change to the existing building.
Mr. Parkowski stated that there would be no more than three to four vehicles visiting the office at any one time. It was his opinion that Dr. Kurtz’s professional office would have no distinguishable impact on the area.
Mrs. Shirley Kocher of 1051 S. Bradford Street was present expressing concern on plans for parking.
Mr. Roe stated that the Zoning Code requires off-street parking according to the square footage of the facility and number of employees.
Mrs. Kocher stated that there have been rezonings in the area where she was not properly notified of the public hearing, nor did she observe an advertisement of the hearing in a local newspaper. (It is noted that subsequent investigation revealed that Mrs. Kocher signed certified letters for the McGrew rezoning and also the Kidd rezoning and a copy of the resolution as advertised in a local newspaper is maintained in the Office of the City Clerk.)
Questioned by Mr. Witt, Mr. Roe agreed that off-street parking for the facility would have to be in the rear with access off of the existing alley.
Ms. Carrie Sipple was present representing Mrs. Katie Kichline, objecting to the rezoning, wishing to keep the area strictly residential.
Mrs. Louise Clark of 1041 S. Bradford Street was present to submit a petition objecting to the rezoning.
Mr. Clyde Shipman of 1086 S. Bradford Street was present and disagreed with a statement by Mr. Parkowski that each rezoning in the area should be considered separately. It was his opinion that the entire area should be reviewed as a comprehensive long range plan.
Mr. Roe requested that the Planning Commission recommended approval of the rezoning by a vote of four (4) yes, three (3) opposed.
Mayor McDonough declared the hearing closed.
Mr. Bewick moved to defer any action on the rezoning until the second meeting of October, at which time a comprehensive report will be available from the City Planner to include an area from Hope Street to Wyoming Avenue and from Governors Avenue to State Street. The motion was seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING - LOTS #23 & #24 - 1011 S. GOVERNORS AVE. - WARRINGTON
A public hearing was duly advertised for this time and place to consider rezoning lots #23 & #24, located at 1011 S. Governors Avenue, owned by Harry E. and Joyce A. Warrington (equitable owner is John J. & Stephanie Daliani). Mayor McDonough declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
Mayor McDonough declared the hearing closed.
Mr. Roe stated that the Planning Commission unanimously recommended approval of the rezoning, explaining that the area is now a mixture of various commercial uses.
By motion of Mr. Weyandt, seconded by Mr. Carey, Council by a vote of seven (7) yes, one (1) not voting (Mr. Witt) adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MPA OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT LOTS #23 & #24 (1011 SOUTH GOVERNORS AVENUE).
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 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-20 to RG-0 on that property located at lots #23 & #24 (1011 South Governors Avenue), owned by Harry E. & Joyce A. Warrington.
ADOPTED SEPTEMBER 22, 1980
PUBLIC HEARING - REZONING - WEST SIDE OF SAULSBURY ROAD, NORTH OF RT. #8, NEDA P. BIGGS & MARGARET FITZPATRICK
A public hearing was duly advertised for this time and place to consider rezoning property on the west side of Saulsbury Road, just north of Route #8, owned by Neda P. Biggs and Margaret Fitzpatrick. The proposed zoning or M (Manufacturing). Mayor McDonough declared the hearing open.
Real Estate Broker, Walter Ellis, was present to represent Rental Uniform Services, Inc., the equitable owner. Mr. Ellis informed Council that Rental Uniform Services owns 33 plants, located in 16 states. The nearest plant is located in Portsmith, Virginia. The firm engages in the cleaning and supplying of rental uniforms to industry.
Mr. Ellis stated that the proposed plant will be located on 6.6 acres of vacant land that now derives a tax base to the City of Dover of $105.00 annually. The company plans to construct a 30,000 square foot building that will provide a tax base to the City of $5,000 annually, provide 30 to 35 jobs with a payroll of $400,000 annually.
Since the initial application for M (manufacturing) zoning, through an opinion of Mr. Rodriguez and the City Planner, it was revealed that a zoning category of SC-3 would have been sufficient to launch the project. This zoning is compatible with existing zoning in the area. It was Mr. Ellis’ opinion that the proposed installation of Rental Uniform Services, Inc. would fit with the trend of commercial enterprise on Saulsbury Road.
Mr. David Weinburger, Marketing Manager for Rental Uniform Services, Inc., stated that the proposed plant for Dover would deal in industrial uniform services. He presented a film of the company’s Portsmith plant, built 15 years prior, depicting a typical installation such as would be built in Dover. Mr. Weinburger explained the various job levels necessary to run an industrial uniform operation, including typical equipment utilized.
Questioned by Mayor McDonough, Mr. Weinburger stated that the Dover installation would involve washing of uniforms with a small percentage of dry cleaning when necessary. The company has investigated the Saulsbury Road site, determining that necessary utilities are available.
Mr. Berlin Hollingsworth of 13 Taylor Drive, Northwest Dover Heights, spoke against the rezoning on behalf of the community and Whatcoat United Methodist Church.
Questioned by members of Council, Mr. Hollingsworth stated that his opposition to the rezoning was based on possible traffic that would be generated by the proposed industrial uniform plant.
Ms. Betty Ann Scott, residing in The Hamlet, opposed the rezoning, feeling that it would create a trend for other like industry that would eventually progress to areas adjacent to The Hamlet. This, she felt, would depreciate the real estate values.
Attorney Max Terry, representing Mrs. JoAnn Slights, owner of the Derrickson site on the west side of Saulsbury Road and also trustee for existing heirs, presented a petition opposing the industrial uniform installation. Mr. Terry stated that the Derrickson family desires to develop their land as residential. In his opinion, if Industrial Uniform Services is permitted to build, a trend would be established that would force the Derrickson’s to also develop their land commercially. He requested that Council reconsider a buffer of residential properties to protect future development of the Derrickson site. Mr. Terry stated that the owners of the Derrickson site were definitely opposed to any commercial zoning of the Biggs/Fitzpatrick plot.
Mr. Charles B. Carter, Sr., representing himself as a member of the Whatcoat Church on Saulsbury Road, was present to oppose any rezoning of the land in question as a light manufacturing or commercial establishment. Mr. Carter stated that the Whatcoat Church was constructed in this area to serve a residential community.
Mr. Carter implied that information and assistance was given to the applicant, referring to Mr. Ellis’ statements that he original application was for an M (manufacturing) zoning, but further review of the Zoning Code revealed that the proposed installation would be permissible under a C-3 category. In addition, he intimated that the Planning Commission and City Council had already decided on a decision for the zoning. The procedure, he stated, utilized by Council during the public hearing does not give residents an adequate opportunity to debate the Planning Commission recommendation.
Mayor McDonough reminded Mr. Carter that the Planning Commission meetings are open to the public and their decisions are a matter of public record, prior to the public hearing.
Mr. Edward J. Troise of 104 Saulsbury Road, residing adjacent to the Biggs/Fitzpatrick property, objected to the proposed project. Mr. Troise mentioned possible drainage problems, questioned the type of cleaning material and venting of fumes and added that the rezoning could possibly result in expansion of the facility in the future.
Mr. Roe stated that the Planning Commission could set certain performance standards that would be heard by the zoning Board of Adjustments. These standards would control such items as smoke, fumes, noise, etc. Mr. Roe added that the Planning Commission recommended unanimously to deny the rezoning of the property in an M (manufacturing) category.
Mayor McDonough declared the hearing closed.
Mr. Hardcastle moved to accept the Planning Commission’s recommendation for denial of the rezoning. The motion was seconded by Mr. Carey.
Mr. Bewick moved to amend Mr. Hardcastle’s motion to approve a C-3 zoning. The motion was seconded by Mr. Richter.
Questioned by members of Council, Mr. Roe stated that the Code stipulates a majority vote of 3/4 is necessary when a petition, signed by adjacent property owners, is submitted within 20% of the area residents in opposition.
Questioned by Mr. Boaman, Mr. Roe stated that he could not speak for the Planning Commission on the matter of whether their denial was based on the zoning category or the proposed use of the land. He added that this question should be resubmitted to the Planning Commission.
Mr. Witt called for the question on a vote for Mr. Bewick’s amendment to rezone the property to C-3.
By a roll call vote of four (4) yes, three (3) no (Mr. Boaman, Mr. Hardcastle and Mr. Carey) with Mr. Carson absent, Mr. Bewick’s amendment was defeated.
Mr. Hardcastle’s motion to accept the Planning Commission’s recommendation for denial of an M zone was defeated by a roll call vote of five (5) no, two (2) yes (Mr. Hardcastle and Mr. Carey), with Mr. Carson absent.
Mr. Witt moved to refer the rezoning back to the Planning Commission for their meeting on October 20th and that a public hearing be held on October 27th at 7:45 p.m. with the City of Dover being the applicant for a C-3 zoning. The motion was seconded by Mr. Bewick and the following resolution was unanimously approved.
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 on the west side of Saulsbury Road, south of Walker Road and north of Route #8 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 October 27, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located on the west side of Saulsbury Road, south of Walker Road and north of Route #8, owned by Neda P. Biggs and Margaret Fitzpatrick (The City of Dover is acting as applicant).
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 22, 1980
MONTHLY REPORTS - CONTINUED
Water & Sewer Fund, Cash Receipts Report for the Month of August
The Water and Sewer Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt.
Water & Sewer Fund, Budget Report for the Month of July
The Water and Sewer Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Witt, seconded by Mr. Richter.
Intergovernmental Service Fund, Revenue & Expenditure Report for the Month of July
The Intergovernmental Service Fund, Revenue and Expenditure Report for the month of July was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
Electric Revenue Fund, Cash Receipts Report for the Month of August
The Electric Revenue Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Boaman.
Electric Revenue Fund, Budget Report for the Month of July
The Electric Revenue Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.
Electric Improvement & Extension Fund, Cash Receipts & Disbursements Report - July
The Electric Improvement and Extension Fund, Cash Receipts and Disbursements Report for the month of July was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
City Manager’s Report for the Month of August
Mr. Bewick referred to the requested variance report on budget items and suggested that these reports be reviewed at the next Regular Council meeting.
The City Manager’s Report for the month of August was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt.
EPA REQUIREMENT - PROVISION FOR AN AMENDMENT TO SEWER ORDINANCE - INDUSTRIAL COST RECOVERY
Mr. Mogan explained a requirement by EPA for a provision in the sewer ordinance that would provide an industrial cost recovery system. He recommended that this item be referred to the Utility Committee for review. By motion of Mr. Bewick, seconded by Mr. Weyandt, Council referred the matter to the Utility Committee.
J.P. COURT #7 REPORT FOR THE MONTH OF AUGUST
A check was received from J.P. Court #7 for the month of August in the amount of $8,652.93.
By motion of Mr. Weyandt, seconded by Mr. Carey, the J.P. Court #7 Report for the month of August was unanimously approved.
DOVER PARKING AUTHORITY - IMPROVEMENT OF DEMOLISHED PROPERTY LOOCKERMAN STREET - ACCESS TO NORTH STREET
Mr. Mogan explained that a letter from the Dover Parking Authority, dated September 17, 1980, requested that the City of Dover initiate certain improvements on a property owned by that body, located on the south side of Loockerman Street, where a building was demolished, leaving access to North Street.
Mr. Bewick moved to refer the matter to the Legislative and Finance Committee, seconded by Mr. Richter and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 9, 1980 at 7:30 p.m. with Chairman Witt presiding.
Block Grants
Mr. Witt reported a discussion by the committee on HUD Block Grants, with Mr. Roland Ridgeway of the Delmarva Consortium and Ms. Dale Ervin, Director of the Planning Section of Economic Development for the State of Delaware.
After detailing report of the technicalities involving applications and actual initiation of such a project, the committee recommended that the City Manager send a representative to an October 16th meeting, to be held in the County Administration Building, accompanied by the City Planner, where federal representatives will be present to answer questions concerning procedures for submitting applications. In addition, it was recommended that the City Assessor submit a report on owner occupied homes in a certain area as an initial survey. The committee also recommended that interested committee members, a representative of the City Manager’s Office and the Planner visit towns that have on-going block grant programs. The committee will discuss this matter in a future meeting to review information derived from the aforementioned to determine the feasibility of a block grant program.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Bewick and unanimously carried.
Peddler’s License - Restrictions for Areas to Do Business
Mr. Witt informed Council that the committee recommended that Mr. Roe conduct a study suggesting certain areas where peddlers would be restricted and submit his findings to the committee for further review.
City Wide Census - Part-time City Employees
Mr. Witt stated that the City Manager submitted a suggestion for the committee to consider a census of the corporate limits of Dover, conducted by part-time employees.
The estimated cost of the census would be approximately $6,000.
The committee recommended that the City Manager’s Office, working with all departments, devise a form with information that would be advantageous for various reasons, such as updating the Comprehensive Plan. In addition, the City Manager is to submit a cost estimate stating the number of employees required with a designation of the persons or department who would be responsible for the census.
Mr. Witt stressed the importance of an accurate census count that could effect revenue sharing and street aid grants.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Bewick.
Mr. Bewick stated that the City staff should check with the federal government to assure acceptance of a City sponsored census before any outlay of funds.
Mr. Mogan stated that he has protested the federal census figures and was told by federal representatives to submit corrected figures. It was his opinion that the federal representatives would accept City of Dover census figures.
Questioned by Mr. Hardcastle, Mr. Mogan stated that the federal government has submitted census figures as 23,000 for the City of Dover. State of Delaware has granted street aid funds based on 27,000 for the last five years.
The aforementioned recommendation of the committee, as moved by Mr. Witt, was unanimously carried.
Increased Ambulance Rates
After discussing cost factors of the ambulance service as submitted by the City Manager, it was the committee’s recommendation that a flat fee for ambulance services be increased to $42, retaining the 50¢ per mile for out of town runs, plus a charge of $10 per usage for oxygen. The committee also recommended that the City Manager write a letter to the County indicating the City’s statistical history of billing and collections for the last year, attaching a copy of the ambulance budget to determine if the County would offer assistance in off-setting the deficit that will be incurred.
Mr. Witt moved for the recommendation of the committee, stipulating that the new fees become effective October 1st. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt stated that he would arrange a meeting with Mr. Mogan to obtain a list of all outstanding ambulance bills with addresses and names of the persons involved.
By motion of Mr. Witt, seconded by Mr. Hardcastle, the Legislative and Finance Committee Report was unanimously approved as submitted.
DATE FOR HALLOWEEN - TRICK OR TREAT TIME LIMIT
Mr. Witt moved that Thursday, October 30th, between the hours of 6:00 p.m. and 9:00 p.m. be designated as Halloween/Trick or Treat. The motion was seconded by Mr. Hardcastle and unanimously carried.
INFRA-RED HEAT SCAN
Mr. Witt moved that Council request Mr. Mogan to write a letter to Mr. Chris Warner, of the State Energy Office, for the purpose of requesting a survey of persons who have used the infra-red heat scan of their homes to determine if the company performing this service is satisfactory. The motion was seconded by Mr. Carey.
Mr. Mogan stated that he has contacted the company who conducted the scans last year, asking for a meeting to discuss persons utilizing the service last year, who registered complaints on the methods used in determining the insulation efficiency of homes. To date, the company has not contacted Mr. Mogan nor have they been paid for last year’s service.
Mr. Witt’s motion was unanimously carried.
CABLE TELEVISION - SERVICE COMPLAINTS
It was Mr. Witt’s understanding that the Utility Committee will discuss other matters relative to cable television in the area and moved that the committee investigate complaints of poor service. The motion was seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Parking - The Green - Henry Horsey
A letter was received from Attorney Henry R. Horsey, residing at 7 The Green, complaining of the City’s practice of ticketing cars on weekends in the area of The Green. It was his opinion that residents and office workers on The Green should be permitted to park irregardless of the two hour restriction.
Mr. Weyandt moved for referral to the Safety Advisory Committee, requesting consideration of residents parking on Saturday and Sunday. The motion was carried by Mr. Carey and unanimously carried.
PARKS, PLAYGROUNDS & TREES COMMITTEE AND SAFETY ADVISORY COMMITTEE MEETINGS
Mr. Hardcastle announced that the Parks, Playgrounds & Trees Committee and the Safety Advisory Committee will meet at 7:00 p.m. at City Hall on October 6th rather than the usual meeting time of 7:30 p.m.
Meeting Adjourned at 11:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 22, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
September 29, 1980
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