REGULAR MEETING
The Regular Meeting of Council was held on June 9, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt and Carson.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
Mr. Witt referred to page 7 of the May 27th Council Minutes, under “Payment of 50% of Pensioner’s Dependent Blue Cross Premium” in paragraph three, where it states these funds would be derived from the Civilian Pension Fund. Although the Minutes are correct as recorded, Mr. Witt stated that his intention was to move that these funds will be derived from the appropriate pension fund.
Mr. Witt moved that the Minutes of May 27, 1980 Council Meeting be approved as modified, seconded by Mr. Bewick and unanimously carried. The Minutes bore the written approval of Mayor McDonough.
PARKS, PLAYGROUNDS & TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met on June 2, 1980 with Chairman Hardcastle presiding.
Pop Warner Football League - Use of Park Facilities
Referring to the Pop Warner Football League’s request that bleachers be installed at the Whiteoak Park and Recreation Center, Mr. Hardcastle stated that the committee’s recommendation was for referral back to Council for their consideration.
Mr. Knox informed the committee that the cost of the bleachers would amount to approximately $5,000.
Mr. Hardcastle moved for the recommendation of the committee, suggesting that this request be referred to the Legislative and Finance Committee. The motion was seconded by Mr. Bewick.
Mr. Bewick moved to amend the motion and deny the request for bleachers, at a cost of approximately $5,000. The motion was seconded by Mr. Witt and unanimously carried.
Relative to a request by the League for the availability of restrooms, Mr. Hardcastle stated that the committee recommended authorization of an expenditure of approximately $60 - $84 to keep restrooms available to the public during Sunday afternoon games, with this expenditure being derived from Council’s budget and not that of the Recreation Department, to be available for approximately five to seven Sundays between September 1, 1980 and November 30, 1980.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Boaman for purposes of discussion.
Mr. Hardcastle stated that the committee offered use of the Parks and Recreation Building facilities on Saturday afternoon, since restrooms would be available at that time with no cost to the League involved.
Representatives of the League stated that this would not be satisfactory due to the difficulty in getting games with other teams in the League.
Speaking to the recommendation of the committee that the $60 - $84 be derived from the Council’s budget, Mr. Hardcastle stated his opinion that the maker of the motion intended that Council appropriate the funds rather than extract same from the Mayor and Council budget.
It was Mr. Witt’s opinion that the field should be offered to the Pop Warner Football Team on Saturdays when restroom facilities are available at no cost.
By a roll call vote of five (5) no two (2) yes, (Mr. Hardcastle and Mr. Carson) the committee’s recommendation was denied.
Mr. Weyandt moved that the Pop Warner Football League be notified that Council approves the use of the Whiteoak Recreational Facility at no charge on Saturdays and that Council also approves the use of the Center on Sundays without restroom facilities. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Hardcastle moved for approval of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on June 2, 1980 with Chairman Hardcastle presiding.
Capitol Ambulatory Service - Parking Variance
The committee considered a request by Mr. & Mrs. Al Holt, owners and operators of Capitol Ambulatory Service, for a variance in the Zoning Code that would permit them to park their ambulances at 928 S. Bradford Street. Mr. Holt informed the committee that mechanical work will be done in a professional garage with the exception of oil changes.
After due consideration of the matter, the committee recommended that Mr. Holt be allowed to continue the parking of the ambulances at 928 S. Bradford Street until such time as the full Council has an opportunity to act on the request.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt.
It was noted that the rear of the Holt property, where the ambulances are parked, is directly across a ten foot alley from commercial establishments.
Mr. Weyandt moved to amend Mr. Hardcastle’s motion to allow the Holts to park the ambulances in the rear of their property only. The amendment was seconded by Mr. Bewick.
Questioned by Mayor McDonough, Mr. Saxton of the Inspections Office, stated that parking of commercial vehicles in a residential area is in direct violation of the Zoning Code. He was knowledgeable of an individual who is waiting to see the outcome of Council’s decision on the Holt request in order to submit his own request for parking of tow trucks in a residential area.
It was Mr. Weyandt’s opinion that the Holt request deserves consideration since the rear of the property is in close proximity to commercially zoned establishments. Additional requests would be closely scrutinized before consideration of approval. He added that the Capital Ambulatory Service does perform a service to the entire citizenry and aids in taking some of the workload from the City of Dover ambulance service.
Questioned by Mr. Boaman as to the availability of parking spaces at the Dover Diner, a Getty station (close by) and the Side Door, Mr. Holt said that he did not consider these because of vandalism to his equipment. The cheapest garage he could find for rent to house the ambulances would involve $400 per month rent.
On a call for the question, the variance and parking was granted by a vote of six (6) yes, one (1) no (Mr. Boaman).
Two Hour Parking - The Green - Residents
the committee next considered a petition submitted by residents who reside on The Green requesting relief from the present two hour parking restriction. It was suggested by a resident of The Green that resident parking stickers be issued free, or for a small fee, that would grant an exemption on parking restrictions for residents.
It was the committee’s opinion that additional information would be needed from the City Manager’s Office before further action could be taken. This information will be reviewed at the next committee meeting.
Two Hour Parking - The Green - Employees
The committee next considered a petition submitted by employees working in offices in the area of The Green and State Street, who suggested re-installation of parking meters on parking stickers for employees.
Ms. Cola, a representative of the employees, stated that they would not mind paying a fee for a parking sticker, if it would eliminate the accumulation of parking tickets that they are presently receiving.
The committee recommended that no action be taken on this request, feeling that the problem of parking for employees should be the responsibility of the employer.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Mr. Witt alluded to inquiries by individuals who would be interested in obtaining the Municipal Parking Lot, directly east of City Hall, to establish a business incorporating parking fees.
Mr. Witt moved that this possibility be considered by the City by referral to the Safety Advisory Committee and with the cooperation of the Engineering Department who could design the traffic flow. The motion was seconded by Mr. Boaman and unanimously carried.
Parking - Duke of York and William Penn Streets
The committee discussed a referral by Mr. Weyandt that suggested 90 degree parking on Duke of York and William Penn Streets, with the possibility of picking up additional parking spaces and relieving some of the problems of inadequate parking for State and County employees adjacent to their facilities.
Chief Klenoski’s department conducted a survey and informed the committee that only three additional spaces would be obtained with Mr. Weyandt’s plan. In addition, backing out of a 90 degree parking space would block both lanes of traffic.
Chief Klenoski recommended that no action be taken on the proposed 90 degree parking for the aforementioned streets.
The committee recommended that no change be made in the present parking plan on Duke of York and William Penn Streets.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey.
Mr. Weyandt requested that his proposed parking plan on Duke of York and William Penn Streets be given further consideration by the committee, affording him an opportunity to discuss alternatives with Chief Klenoski.
Mr. Weyandt moved to table the proposal, seconded by Mr. Bewick and carried by a vote of six (6) yes, one (1) no (Mr. Witt).
Mr. Witt’s negative vote was based on an opinion that the tabled motion should have been referred back to the Safety Advisory Committee.
Two Hour Parking Zones
Chief Klenoski informed the committee that certain areas within the City are without a two hour parking limit due to the removal of all parking meters. He submitted a proposed ordinance that would make all past metered areas two hour parking zones.
The committee recommended approval of the ordinance, stipulating that Council set a date for a public hearing.
Mr. Hardcastle moved for the recommendation of the committee and that a public hearing be set for June 23, 1980 at 7:45 p.m. to consider adoption of the ordinance. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report, seconded by Mr. Witt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 2, 1980 at 7:30 p.m. with Chairman Bewick presiding.
Tree Cutting - Mrs. Phyllis Saxton
The Committee considered facts surrounding a complaint by Mrs. Phyllis Saxton that City employees entered her premises and cut down approximately 28 trees supposedly located on a City easement. In addition, removal of the trees has destroyed her privacy and security.
The committee suggested that the City of Dover Engineering Department conduct a survey of the easement to determine if in fact the trees were on private property. Mr. Bewick informed Council that the survey has been completed and it was found that the trees were located on the Saxton property.
Mr. Bewick moved that the City reach a settlement with Mrs. Saxton by installing a cyclone type fence on two sides of her property; plant trees or some type of screening on two sides of the property; reimburse Mrs. Saxton for ten cords of fire wood; remove existing stumps as a result of the City cutting down trees; that the City be reimbursed through their insurance coverage. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved that a committee be created, consisting of the Mayor, City Manager, the Chairman of the Utility Committee and one other member from that committee that he may choose, a member of the Association of Electric Department employees, to be chosen by their group, a member of the Dover Organization of Employees, to be chosen by their group, and the City Solicitor, for the purpose of conducting a thorough investigation to determine who, of the City staff, is at fault. In addition, a written report, indicating staff personnel management involved, and disciplinary action taken. This report will be submitted to Council members on or before the Council Meeting on July 14, 1980. The motion was seconded by Mr. Bewick for purposes of discussion.
Mr. Witt stated that he did not mind the appointment of a special committee for the investigation, but felt that the report should come to the Legislative and Finance Committee prior to any discussion by Council for a more in-depth discussion on the facts involved.
Mr. Weyandt agreed to amend his motion to include Mr. Witt’s suggestion. Mr. Weyandt’s motion was unanimously carried.
Front Footage Charge - Sewer Main - Kenbrit Corporation - Project #75
The Utility Committee recommended that a public hearing be set prior to assessing the cost of a sewer main installed from S. Bradford Street to S. Governors Avenue, known as Project #75. By motion of Mr. Bewick, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
WHEREAS, the Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed sewer mains from S. Bradford Street to S. Governors Avenue, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $14.75 per front foot adjoining the said sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 9% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on July 14, 1980 at 7:45 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED JUNE 9, 1980
Front Foot Charge - Project #75-A - Water Main - Wyoming Avenue
The Utility Committee recommended that a public hearing be set prior to assessing the cost of a water main installed from Wyoming Avenue to Kenbrit Corporation on S. Bradford Street, known as Project #75-A. By motion of Mr. Bewick, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
WHEREAS, the Council is authorized to install water mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed water mains on Wyoming Avenue to Kenbrit Corporation on S. Bradford Street, and
WHEREAS, this ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water mains at the rate of $8.43 per front foot adjoining the said water main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 9% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment be paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said water mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on July 14, 1980 at 7:45 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED JUNE 9, 1980
Front Foot Charge - Sewer Main - Leipsic Road to Wendy’s North - Project #76
The Utility Committee recommended that a public hearing be set prior to assessing the cost of a sewer main installed on Leipsic Road to Wendy’s North, known as Project #76. By motion of Mr. Bewick, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
WHEREAS, the Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed sewer mains on Leipsic Road to Wendy’s North, and
WHEREAS, this ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $12.98 per front foot adjoining the said sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 9% per annum on the unpaid balance of each assessment. The assessment plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on July 14, 1980 at 7:45 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED JUNE 9, 1980
Front Foot Charge - Water Main - Horsepond Road to Dover Brook Gardens - Project #77
The Utility Committee recommended that a public hearing be set prior to assessing the cost of a water main installed on Horsepond Road to Dover Brook Gardens, known as Project #77. By motion of Mr. Bewick, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
WHEREAS, the Council is authorized to install water mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed water mains on Horsepond Road to Dover Brook Gardens, and
WHEREAS, this ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water mains at the rate of $8.07 per front foot adjoining the said water main.
2. These assessment shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 9% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said water mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on July 14, 1980 at 7:45 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED JUNE 9, 1980
Front Foot Charge - Sewer Main - Delaware Brick Company - Project #78
The Utility Committee recommended that a public hearing be set prior to assessing the cost of a sewer main installed on New Burton Road for Delaware Brick Company, known as Project #78. By motion of Mr. Bewick, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
WHEREAS, the Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed sewer mains on New Burton Road for Delaware Brick Company, and
WHEREAS, this ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $10.57 per front foot adjoining the said sewer main.
2. These assessment shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 9% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on July 14, 1980 at 7:45 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED JUNE 9, 1980
Sewer Back Up Claim - Karl Isele - 314 Samuel Paynter Road
The committee discussed in depth, a claim submitted by Mr. Karl Isele of 314 Samuel Paynter Road that involved $1,784 in damages caused by sewage backing up in Mr. Isele’s basement.
It was the general feeling of the committee that the responsibility of a sewer back up such as the case of Mr. Isele is questionable as far as liability, even though the back up might be caused by a City main. Therefore, it was their recommendation to deny Mr. Isele’s claim.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Annexation Request - Kesselring Tract - Webbs Lane
The hearing staff presentations and recommendations, it was the committee’s recommendation that the Kesselring tract, located on Webb’s Lane and bordered by New Burton Road be subjected to an annexation referendum, stipulating that the final boundaries be resolved prior to recording the plot plan.
By motion of Mr. Bewick, seconded by Mr. Witt, Council unanimously adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area south of the present City limits, and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein, be annexed to the City of Dover:
ALL that certain lot, piece or parcel of land in East Dover Hundred, Kent County, Delaware, contiguous to the boundary of The City of Dover, lying on the southerly side of Kent County Road #192, known as “Webbs Lane”, and the southeasterly side of Kent County Road #190, known as “New Burton Road”, and being bounded as follows:
Beginning at the northeasterly corner of these lands, in the southerly line of said Webb’s Lane, at the northwesterly corner of lands of the Caesar Rodney School District and W. Reily Brown School; thence, southerly and easterly binding with the line of said Caesar Rodney School District lands, it being also the present boundary of the City of Dover, to its intersection with the westerly line of Rodney Village subdivision; thence, southerly, with the said Rodney Village line to its intersection with line of lands of Elizabeth Goggin; thence, with the line of said Elizabeth Goggin, meandering in a westerly direction running with the northerly water’s edge of the former Howell Millpond, now empty, said water’s edge being as it existed and as agreed upon by Hunn Jenkins (predecessor in title to Kesselring land) and Thomas H. Howell (ancestor and predecessor in title to Goggin lands), by agreement dated January 19, 1854 and of record in the office of the Kent County Recorder of Deeds in Deed Book Z, volume 4, page 27, and continuing with aforesaid Howell Pond water’s edge line to such point where it meets and binds with the centerline of Isaac Branch; thence, with the centerline of Isaac Branch, being line of these lands and the corporate boundary of the Town of Camden, westerly to a prong of Isaac Branch being line of these lands; thence, following the line of aforesaid prong in a northwesterly direction to a point, corner for these lands, and in line of the corporate boundary of the Town of Wyoming, this line being also an extension of the present boundary of the City of Dover, separating Kesselring lands from lands of others; thence, running with aforesaid line northerly to the southeasterly line of Kent County Road #190, “New Burton Road”; thence, with the southeasterly line of “New Burton Road”, northeasterly to a point in line, corner for Kesselring lands and lands of others; thence, easterly and northerly binding with the line separating Kesselring lands from lands of others, to its intersection with the southerly line of Kent County Road #192, “Webb’s Lane”; thence, with the southerly line of Webb’s Lane easterly, to the point and place of beginning; this parcel containing 220 acres of land, more or less.
Also, the right-of-way of Kent County Road #192, “Webb’s Lane”, 60' wide, as it extends from the present boundary of the City of Dover at the extended westerly line of lands of Caesar Rodney School District - - W. Reily Brown School, about 1770' in a westerly direction to the northwesterly line of New Burton Road, said line being also the southeasterly right-of-way line of Consolidated Railroad Corp., and being also the present boundary of the City of Dover; this parcel containing 2.44 acres of land, more or less.
Also, the right-of-way of Kent County Road #190, “New Burton Road”, 60' wide, as it extends from the present boundary of the City of Dover at the extended northerly line of “Webb’s Lane”; about 2140' in southwesterly direction to its intersection with the extended present boundary of the City of Dover, said line of intersection being also the extended line of lands of Kesselring; this parcel containing 2.95 acres of land, more or less.
This annexation contains a combined area of 225.39 acres of land, more or less, (0.352 square miles).
2. That an election be held on the 18th day of July, A.D. 1980, commencing at the hours of 1:00 p.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED JUNE 9, 1980
Street Lights - Rodney Road
Mr. Mogan informed the committee that all residents on Rodney Road, except three, have been contacted related to the removal of the old type street light standards and replaced with modern mercury luminaries. Sixteen residents, out of nineteen contacted, stated that they would not object to the modification.
Mr. Bewick moved for approval of the street light modification, seconded by Mr. Weyandt and unanimously carried.
Electric Meter Check Fee
Mr. Bewick moved that the City Manager’s Office draw up an appropriate advertisement, to be inserted in local newspapers, to inform the public of why their electric bills have increased; in addition, if numerous calls continue, a fee will be levied for the service of bench checking meters. The motion was seconded by Mr. Weyandt and carried by a vote of six (6) yes, one (1) no (Mr. Witt).
Mr. Bewick moved for approval of the Utility Committee Report as submitted, seconded by Mr. Boaman and unanimously carried.
APPOINTMENT - FIVE YEAR TERM - LIBRARY COMMISSION - MRS. ANN CLEEK
Mayor McDonough submitted the name of Mrs. Ann Cleek to serve a five year term on the Library Commission.
Mr. Bewick moved for approval of the appointment, seconded by Mr. Weyandt and unanimously carried.
Questioned by Mr. Witt, Mayor McDonough agreed to submit names for appointment to Council at least one (1) week prior to the meeting where the appointment will be considered.
MUNICIPAL VOTER ELIGIBILITY
Mr. Weyandt informed Council that he has been approached by citizens living outside of the limits of the City of Dover who own property within the corporate limits, concerning the requirement to be a resident of the City of Dover to be eligible to participate in municipal elections. Persons speaking to Mr. Weyandt stated that they considered this taxation without representation.
Mr. Weyandt cited the town of Rehobeth that has Charter provisions allowing persons owning property within the town to participate in elections.
Mr. Weyandt submitted a copy of the City of Rehobeth Beach Charter and moved that the matter be referred to the Legislative and Finance Committee and the City Solicitor for their consideration, stipulating that the City Solicitor advise the committee relative to possible modification of the City of Dover Charter to incorporate same. The motion was seconded by Mr. Carey.
Mr. Witt stated that individuals could subdivide small parcels of land, qualifying them as a City voter. He thought that Rehobeth Beach is unique in that the majority of the property is owned by persons living outside of the City who are residents during the summer season only. Mr. Witt stated that he could not support referral of the matter to a committee.
Mr. Bewick also opposed referral of the matter to committee.
On a call for the question, the motion failed.
FOURTH OF JULY CELEBRATION - FIREWORKS DISPLAY
Mayor McDonough requested, and was granted, permission to discuss an added agenda item concerning an old fashioned fourth of July celebration in the City of Dover. He said that the project originated through Mr. Robert Reed through requests of the Division of Cultural and Historical Affairs, Chamber of Commerce and other Civic organizations. To date, these organizations have collected approximately $2,000 towards the expense of a fireworks display. It is hoped that in future years, with more time for planning, it will develop into an old fashioned July 4th celebration.
Mayor McDonough was asked if he would approach the City for a donation of $250 or $500 towards this year’s celebration.
Mr. Boaman felt that a display in the City of Dover might keep residents from traveling to other parts of the state and moved that the City donate $500. The motion was seconded by Mr. Carson.
Mr. Bewick alluded to the tight budget situation now being experienced within the City and felt that the City could not afford to give away funds at this time.
Questioned by Mr. Witt, Mr. Mogan stated that he is expecting a small surplus in the area of $10,000 to $15,000 for fiscal year ending June 30, 1980.
By a roll call vote of four (4) yes, three (3) no (Mr. Bewick, Mr. Weyandt and Mr. Carey) the appropriation of $500 was approved.
CORRESPONDENCE
Business License Fee Complaint - Dover Jewelry & Broker - Riverside Trailer Park
Letter were received from Mr. Al Bloom of Dover Jewelry and Broker, Inc. complaining of the recent business license fee and Mr. & Mrs. Dale Sipple, of Riverside Trailer Park, complaining of their license fee that has increased 150%.
Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Boaman and unanimously carried.
Modern Maturity Center - Proposed Takeover of Senior Surrey
A letter was received from Mr. Robert A. Bonniwell, Executive Director of the Modern Maturity Center, stating that his organization is not in a position to assume responsibilities of the Senior Surrey service. However, he proposed that Modern Maturity Center’s assistance to the City in generating funds for possible placement of Center personnel as clerks, bus drivers and dispatchers.
Mr. Witt moved for acknowledgment of the letter, seconded by Mr. Hardcastle and unanimously carried.
Meeting Adjourned at 8:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of June 9, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
June 16, 1980
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