REGULAR MEETING
The Regular Meeting of Council was held on July 14, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
Mr. Richter referred to a statement under the “General Fund Public Hearing” where Mr. Witt noted that $22,910 in the Police Budget, originally earmarked for crossing guards, was reduced to $10,000. The minutes reflect that the Police Budget is reduced by $12,910. Since the entire amount of $22,910 was removed from the Police Budget, this would be an incorrect statement.
Mr. Weyandt moved for adoption of the Minutes, as corrected, seconded by Mr. Carey and unanimously carried.
Mr. Hardcastle referred to items (a) and (b), under “Correspondence”, dealing with a request from the HAZ Corporation and Delmarva Windsurfing Fleet, requesting that these items not be referred to committee, but acted on by Council as a whole during the proceeding of this meeting.
STATUS REPORTS MANDATED BY COUNCIL TO CITY MANAGER
Noting the absence of Mr. Mogan, due to illness, Mr. Weyandt requested that this item appear on the July 28th Council agenda.
CITY TAX ON TAX EXEMPT PROPERTY
Mr. Witt noted that the State of Delaware levies a utility tax on all commercial electric accounts.
He moved that the Utility Committee study a City utility tax that would include electric, sewer and water, on tax exempt property to determine if the City can legally impose such a tax along with the feasibility of same and that a projection of revenue be calculated. The motion was seconded by Mr. Bewick and unanimously carried.
SYNCHRONIZATION OF TRAFFIC LIGHTS - DIVISION & LOOCKERMAN STREETS
In talking to citizens who travel frequently on Loockerman Street and Division Street, Mr. Witt stated that it is the general consensus of opinion that installed traffic signals are not synchronized properly. He suggested the possibility of removing the traffic signal at New and Division Streets.
Questioned by Mr. Weyandt, Capt. Hutchison stated that Mr. Pusey of the State Highway Department will not perform any work on the lights until they are released by the installing engineer.
Mr. Hodge stated that the lights on Loockerman Street are in warranty until December 1, 1980. The remainder of the lights, including those on Division Street, are not under warranty.
Mr. Bewick stated that Mr. Pusey’s hesitancy on modifying any of the lights is a matter of professional ethics. He will not touch the synchronization until the system is released by the installing engineer.
Mr. Witt moved that the City exercise the fullest extent of their legal authority that would require the installing engineer of the traffic signals to properly synchronize same. The motion was seconded by Mr. Weyandt and unanimously carried.
PARAMEDIC PROGRAM - LEVEL OF SERVICE
Mr. Witt stated that he had spent several hours in the last five days acquiring information and citizen input into the question of a paramedic level of ambulance notice. It was his opinion that Council approval of the training implied the initiation of such a program. Therefore, his personal credibility and the credibility of the entire Council is at stake. In personal conversations with citizens and opinions expressed through the radio, Mr. Witt felt that a majority of the citizens would be willing to sacrifice financially in other areas to maintain the paramedic program.
Mr. Witt reminded Council that the Delaware Heart Association donated equipment in the amount of $6,000. The Federal State Highway Safety Office donated equipment amounting to $20,730. HEW was instrumental in funding two of the ambulances presently used, in the amount of $24,750. In the event that the paramedic program is not approved, it is possible that a great amount of this equipment would be recalled. It was his opinion that the City’s credibility could be effected for future safety highway grants.
Irregardless of Council’s thinking, Mr. Witt stated that the legislative body directed ambulance personnel to embark on a paramedic training program. He asked if the City is training qualified personnel for other areas. In addition, paramedics can respond to certain emergency situations that ambulance attendants cannot handle.
Mr. Witt moved that the paramedic program be approved, incorporating a job classification of G-18, effective 12:01 midnight tonight. The motion was seconded by Mr. Carey.
Mr. Weyandt disagreed with portions of Mr. Witt’s research and surveyed Council revealing that other members received only two to four calls concerning the paramedic program from citizens. It was also his opinion that Council’s obligation stopped once personnel had received their training. Mr. Weyandt reminded Mr. Witt that the paramedic program was deleted from the budget until such time that assistance in outside funding was acquired. To date, Kent General Hospital and the Levy Court have not offered any financial support.
In rebuttal to Mr. Weyandt, Mr. Boaman felt that Council is morally obligated to recognize the trained paramedics, since it was Council’s action that initiated the training. He felt that the County would eventually recognize their obligation to the paramedic program since 10% of all calls are County residents.
Mr. Richter felt that the City should not have approved the paramedic training initially. He cited a contact with City official of another area who desired to rid his community of the responsibility of a paramedic program, feeling that regular ambulance attendants can handle most emergency situations.
Mr. Bewick agreed with Mr. Weyandt that approval of the training program did not necessarily imply recognition of the personnel. He felt that Kent General Hospital is shrinking their responsibility since they have an obligation to the services furnished by the City of Dover. This would apply also to Kent County; however, he felt that the paramedic program is a very valuable asset to the City of Dover and a just salary should remove themselves entirely from the paramedic program if Kent General Hospital and Kent County did not share the responsibilities by January 1, 1981.
Mr. Weyandt reiterated his support of the paramedic program if support was received on the County level and from Kent General Hospital. He did not support the program if funding was derived from the City treasury.
Mr. Bewick moved to amend Mr. Witt’s motion for approval of the program, stipulating that the financial status of the City be re-analyzed on January 1, 1981 to determine adequate financial support either within the City or outside sources. The amendment was seconded by Mr. Witt.
Mr. Witt stated that three of the members of Levy Court should remember that they are also citizens of the City of Dover and suggested that telephone calls be directed to these members by the citizens.
Mr. Carson stated that the question of paramedic service has never been presented to the citizens; therefore, he was not sure that the majority of the citizens actually want the program. On this basis, he could not support the motion.
A roll call vote on the amendment to the motion was carried, with Mr. Weyandt, Mr. Carson and Mr. Richter voting no.
By a roll call vote of five (5) yes, three (3) no (Mr. Weyandt, Mr. Carson and Mr. Richter), the main motion was carried.
PUBLIC HEARING - ORDINANCE AMENDING ABOLISHING LOADING ZONE OF SIMON’S DEPT. STORE
A public hearing was duly advertised for this time and place to consider amending an ordinance that would abolish a loading zone on the north side of Loockerman street, between Governors Avenue and New Street, in front of Simon’s Department Store. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mayor McDonough declared the hearing closed.
By motion of Mr. Hardcastle, seconded by Mr. Boaman, Council unanimously adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. The Dover Municipal Code is hereby amended by deleting and canceling the loading zone on Loockerman Street in front of Simon’s Department Store known as 215 Loockerman Street.
2. This ordinance shall become effective upon the removal of signs, and/or markings designating the same as a loading zone.
ADOPTED JULY 14, 1980
PUBLIC HEARING - SEWER MAIN EXTENSION - KENBRIT CORP. PROJECT #75
A public hearing was duly advertised for this time and place to hear property owner appeals on assessments levied for the installation of a sewer main extension, known as Project #75, to Kenbrit Corporation and to serve properties on S. Governors Avenue. Mayor McDonough declared the hearing open.
Mr. Seth Mersky of RD 1 Box #69-1, Wyoming, Delaware, was present to represent his grandfather, Abraham Mersky of 1027 S. Governors Avenue. Mr. Mersky referred to a letter from the City Manager’s Office, dated February 3, 1978, paragraph two, page four, which stated sewer or water will be installed when 50% or more property owners approve the installation. Mr. Mersky informed Council that a vote was not taken and residents were not informed of any vote. It was his opinion that this statement violates the description of the referendum and supercedes the provisions of the Charter that states that the City of Dover may install utilities where feasible within the corporate limits through assessment to the property owner.
Mr. Mersky recommended the following remedy on the matter:
(1) Suspend the annexation, with a revote after proper notice has been given and the referendum has been amended to describe the sewer situation more accurately.
(2) Disallow the proposed sewer charge and allow residents to choose whether or not they want said sewer and only if they want it.
Mr. Weyandt asked the City Clerk the number of residents who voted in the annexation referendum.
Mr. Willis stated that there were three separate referendums held that incorporated three separate boundaries of the area. In the area acted on by Council for acceptance of annexation, there was a total of 14 votes with nine (9) being for annexation and five (5) against annexation.
Questioned by Mr. Weyandt, Mr. Hodge stated that prior to an annexation referendum, an informational letter is mailed to the residents effected, quoting approximate costs of the utilities to be installed. In this particular case, $12.50 per front foot was quoted in the letter from an 8" sewer. Mr. Hodge emphasized that this letter was mailed two years ago, effecting the cost of installation.
Mr. Mersky agreed that the information was contained in the letter as received by his grandfather, Mr. Abraham Mersky, but referred back to the statement in the letter that states that sewer and water will not be installed until 50% of the residents have had an opportunity to vote.
It was Mr. Hodge’s feeling that the letter meant to imply that if 50% or more of the residents in the area requested sewer or water, then the City would immediately comply, although the Charter provides that the City may install utilities at any time. In addition, a letter was mailed to all residents on April 24th, at the beginning of construction, giving notification of the installation and quoting a front foot charge of $15.00. Mr. Hodge stated that no responses were received from residents of the area.
It was the general opinion of Council that the letter of April 24th gave property owners ample time to contact the City Manager’s Office and if the response was overwhelmingly negative, the project may have been re-considered.
Mr. Frank Wojtas of 1047 S. Governors Avenue, stated that he was not against having City sewer or water, but felt that there was a problem with the total cost of the assessment. He intimated that he could have hooked into the City sewer, directly across the street from his property, at a much lower cost.
Mr. Hodge stated that without annexation, non-resident users are charged one and a half times the regular cost of sewer and water and the present tapping fee for a non-resident is approximately $1,700 compared to approximately $1,200 for a resident tapping fee.
Mayor McDonough declared the hearing closed.
It was the recommendation of the Utility Committee that a charge of $14.75 per linear front foot be set for the installation of a sewer main extension on S. Governors Avenue, known as Project #75.
By motion of Mr. Boaman, seconded by Mr. Carey, Council unanimously approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on June 9, 1980.
PUBLIC HEARING - PROJECT #75-A - WATER MAIN EXTENSION - KENBRIT CORP.
A public hearing was duly advertised for this time and place to consider appeals on assessments levied for a water main extension to Kenbrit Corporation, known as Project #75A. Mayor McDonough declared the hearing open.
Mr. Seth Mersky went on record as opposing the water main extension, as a matter of record.
There was no one else present to speak for or against the water main extension.
Mayor McDonough declared the hearing closed.
It was the recommendation of the Utility Committee that a charge of $8,43 per linear front foot be set for the installation of a water main extension for Kenbrit Corporation, known as Project #75-A.
By motion of Mr. Bewick, seconded by Mr. Witt, ,Council unanimously approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on June 9, 1980.
PUBLIC HEARING - PROJECT #76 - SEWER MAIN EXTENSION - WENDY’S NORTH
A public hearing was duly advertised for this time and place to consider property owner appeals on an assessment for the installation of a sewer main extension on Leipsic Road to serve Wendy’s North. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the assessment.
It was the recommendation of the Utility Committee that a charge of $12.98 per linear front foot be set for the installation of a sewer main extension for Wendy’s North, known as Project #76.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on June 9, 1980.
PUBLIC HEARING - PROJECT #77 - WATER MAIN EXTENSION - DOVER BROOK GARDENS
A public hearing was duly advertised for this time and place to consider property owner appeals on an assessment for the installation of a water main extension on Horsepond Road to serve Dover Brook Gardens. Mayor McDonough declared the hearing open.
Mr. James Koch of Dover Brook Gardens inquired if the City required commercial establishments to hook into this particular water main.
Mr. Hodge stated that he knew of no reason why commercial or industrial establishments would be excluded from the requirement of a tap within one year and would substantiate this statement for Mr. Koch.
Mayor McDonough declared the hearing closed.
It was the recommendation of the Utility Committee that a charge of $8.07 per linear front foot be set for the installation of a water main extension on Horsepond Road to serve Dover Brook Gardens, known as Project #77.
By motion of Mr. Richter, seconded by Mr. Carey, Council unanimously approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on June 9, 1980.
PUBLIC HEARING - PROJECT #78 - SEWER MAIN EXTENSION - DELAWARE BRICK COMPANY
A public hearing was duly advertised for this time and place to consider property owner appeals on an assessment for the installation of a sewer main extension to Delaware Brick Company on New Burton Road. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the assessment and no correspondence.
Mayor McDonough declared the hearing closed.
It was the recommendation of the Utility Committee that a charge of $10,57 per linear front foot be set for the installation of a sewer main extension on New Burton Road to Delaware Brick Company, known as Project #78.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on June 9, 1980.
CORRESPONDENCE MAILED PRIOR TO INSTALLATION OF UTILITIES - ASSESSMENTS - ANNEXATIONS
Mr. Weyandt moved that prior to the mailing of any correspondence related to assessments, installations of utilities or annexation referendums, that the wording of said correspondence be reviewed by the City Solicitor. The motion was seconded by Mr. Witt and unanimously carried.
WATER/SEWER FUND - SHORT TERM BORROWING
Mr. Hodge explained that it would be necessary to borrow, on a short term basis, $300,000 to augment the deficit in the Water and Sewer Fund.
By motion of Mr. Weyandt, seconded by Mr. Carey, Council by a unanimous roll call vote, adopted the following resolution.
WHEREAS, the City of Dover needs to borrow the sum of $300,000 to be deposited in the Water and Sewer Fund, created by 1979/80 deficit, for the purpose of meeting current financial needs; and
WHEREAS, the City of Dover shall repay this loan on or before June 30, 1981.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. That the City of Dover shall borrow the sum of $300,000 to supplement the Water and Sewer Fund for the purpose of meeting current financial needs which loan shall be repaid on or before June 30, 1981.
2. That the City Manager is authorized to secure a loan in the amount of $300,000 at the best possible terms.
ADOPTED JULY 14, 1980
REZONING REQUEST - ROUTE #8 AND COUNTY ROAD #104 - RESTON BLDG. & DEVELOPMENT COMPANY AND L & N - DOVER, INC.
A request was received from Reston Bldg. & Development Company and L & N - Dover, Inc., to rezone property located on Route #8 and County Road #104 (Dover Kenton Road). Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Bewick, seconded by Mr. Boaman, 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 OF 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 Route #8 and County Road #104 (Dover-Kenton 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 August 11, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 and RG-4 that property located on Route #8 and County Road #104 (Dover-Kenton Road), owned by Reston Bldg. & Development Company and L & N - Dover, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 14, 1980
REZONING REQUEST - WEBBS LANE - HARVEY C. & MILDRED R. KESSELRING
A request was received to rezone property located on Webbs Lane, owned by Harvey C. and Mildred R. Kesselring, containing 32.68 acres. 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 OF 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 Webbs Lane, bounded by the W. Reily Brown School, Rodney Village and New Burton Road and known as the Kesselring Tract, are presently zoned for A (Agricultural) 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 August 11, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from A (Agricultural) to R-10 that property located on Webbs Lane, bounded by the W. Reily Brown School, Rodney Village and New Burton Road and known as the Kesselring Tract, owned by Mildred R. & Harvey C. Kesselring.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 14, 1980
CORRESPONDENCE
HAZ Corporation - Cultural Appreciation Day
A letter was received from Recreation Director Don Knox, advising Council that the HAZ Corporation has requested permission to use the Dover Park for its third Cultural Appreciation Day on Saturday, August 30, 1980.
Mr. Knox explained that no additional costs would be incurred by the Recreation Department in man-hours, equipment or supplies.
Mr. Hardcastle stated that he had previously checked with members of his committee who have expressed their approval of the affair. Rather than refer the matter to committee, he moved that Council approve the Cultural Appreciation Day on August 30, 1980, as requested, with all activities being coordinated with the Director of Recreation, the City Manager and the Police Department. The motion was seconded by Mr. Weyandt and unanimously carried.
Delmarva Windsurfing Fleet - Use of Silver Lake
A letter to Councilman Hardcastle, from Walter A. McCann, Race Committee Chairman of the Delmarva Windsurfing Fleet, requested use of Silver Lake, north of the bridge, for a race to be held on September 21, 1980.
Mr. Hardcastle referred to this request as an annual event with no problems and requested that Council act on the matter, deleting referral to his committee.
Mr. Hardcastle moved for approval of the event, seconded by Mr. Witt and unanimously carried.
Central Dover Business Association - Sidewalk Sale
A request was received from Mrs. Nancy Lewis, Vice-President of the Central Dover Business Association, requesting permission to hold a sidewalk sale on July 18th and 19th.
Mr. Witt moved for approval of the sidewalk sale, stipulating coordination with the City Manager, the Chief of Police and Building Inspector. The motion was seconded by Mr. Bewick and unanimously carried.
Meeting Adjourned at 9:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 14, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
July 21, 1980
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