REGULAR MEETING
The Regular Meeting of Council was held on February 25, 1980 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Carey, Witt, Carson and Bewick. Mr. Hardcastle was absent.
Noting the absence of the Reverend J.H. Williams, Council Chaplain, Mayor Legates dispensed with the invocation.
AGENDA ADDITIONS
By request of Mayor Legates, Council unanimously added the Annual Fire Chiefs Report as agenda #5 (a).
By unanimous consent of Council, item #10 (Executive Session - Personnel Matters) was moved to agenda #3 (a).
PARKING AUTHORITY - PURCHASE OF MAYBEE BUILDING - LOOCKERMAN STREET
Mayor Legates informed Council that the Dover Parking Authority has finalized the purchase of the Maybee Building on Loockerman Street, which will be torn down and the site beautified for the purpose of creating an alley-way from Loockerman Street to North Street to facilitate parking and access for downtown shoppers.
RESOLUTION - ALFRED W. JOSEPH
By motion of Mr. Witt, seconded by Mr. Carey, Council by a roll call of seven (7) yes, (Mr. Hardcastle absent) adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely death of Alfred W. Joseph, a retired employee of the City of Dover who departed this life on January 21, 1980; and
WHEREAS, Alfred W. Joseph faithfully served the City of Dover as its City Engineer for sixteen years, eleven months before his retirement on April 18, 1975; and
WHEREAS, during his years of employment with the City of Dover, Alfred W. Joseph played a major role in the regulation and organization of the City’s expansion during its greatest years of growth and exhibited tremendous pride in the orderly development that occurred as a result of these efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of Alfred W. Joseph and extend their deepest sympathy to his wife and family.
2. That the Mayor and Council extend their appreciation for the many years of dedicated service Alfred W. Joseph devoted to the City of Dover.
3. That the Mayor and Council of the City of Dover direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Alfred W. Joseph.
ADOPTED FEBRUARY 25, 1980
RESOLUTION - WILLIAM ROBBINS
By motion of Mr. Witt, seconded by Mr. Carey, Council by a roll call vote of seven (7) yes, (Mr. Hardcastle absent) adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of William Robbins, a retired employee of the City of Dover who departed this life on February 1, 1980; and
WHEREAS, William Robbins faithfully served the City of Dover in the maintenance section of the Public Works Department for twenty-two years before his retirement on March 31, 1970; and
WHEREAS, William Robbins, known to his friends as “Willie” will be dearly missed by his friends, relatives and past co-workers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of William Robbins and extend their deepest sympathy to his family and friends.
2. That the Mayor and Council extend their appreciation for the many years of dedicated service William Robbins devoted to the City of Dover.
3. That the Mayor and Council of the City of Dover direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of William Robbins.
ADOPTED FEBRUARY 25, 1980
By request of Mr. Witt, Mayor and Council and those present, observed a standing moment of silence in recognition of the faithful service performed by Alfred W. Joseph and William Robbins as employees of the City of Dover.
MINUTES
By motion of Mr. Bewick, seconded by Mr. Muir, Council unanimously approved the Minutes of the Regular Council Meeting of February 11, 1980 which bore the written approval of Mayor Legates.
EXECUTIVE SESSION
By motion of Mr. Witt, seconded by Mr. McDonough, Council recessed for an executive session to discuss personnel matters.
Council reconvened to the Regular Council Meeting at 8:15 p.m., by motion of Mr. Witt, seconded by Mr. Bewick and unanimously carried.
RESOLUTION - RECOGNITION OF CITY EMPLOYEES TO NEGOTIATE
Mayor Legates informed those present of a discussion in executive session relating to a resolution prepared by the City Solicitor that would recognize the Association of Electric Department Employees and provide the right to negotiate.
Mr. Bewick moved that the City of Dover recognize the rights of City of Dover Employees, including Electric Department personnel, to negotiate with the City of Dover and a resolution outlining those rights be presented to the Electric Department and others interested until the final terms are determined by a negotiating process. The motion was seconded by Mr. Carey and carried by a vote of six (6) yes, one (1) no (Mr. McDonough) and one (1) absent (Mr. Hardcastle). (It is noted that Mr. McDonough’s dissenting vote stemmed from his opinion that all City employees should not be included in the resolution since it was the initiative of the Association of the Electric Department Employees that promulgated action that led to Council’s consideration of the right to bargain.)
CITY SOLICITOR RETAINER AND LEGAL FEE STRUCTURE
Mayor Legates informed those present that Council, in executive session, by a vote of six (6) yes, one (1) no (Mr. McDonough) approved an increase in the annual retainer fee for the City Solicitor, including an increase in the hourly rate for legal services performed stemming from court cases or other legal functions.
MONTHLY REPORTS
Chief of Police Report for the Month of January
Mr. Witt inquired of Captain Hutchison if it would be feasible to break down the various classifications of offenses by adding another column on the monthly report that would indicate percentages.
Captain Hutchison stated that he would discuss this with Chief Klenoski.
The Chief of Police Report for the month of January was unanimously approved by motion of Mr. Witt, seconded by Mr. Weyandt.
Building Inspector and Fire Marshal Report for the Month of January
The Building Inspector and Fire Marshal Report for the month of January was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
City Alderman Report for the Month of January
The City Alderman Report for the month of January was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Fund, Cash Receipts Report for the Month of January
The General Fund, Cash Receipts Report for the month of January was unanimously approved by motion of Mr. Witt, seconded by Mr. Muir.
General Fund, Budget Report for the Month of December
Mr. Witt pointed out that four or five departments are approximately 6% over their disbursement of the budget, as of December.
Questioned by Mr. McDonough, Mr. Mogan stated that at least a portion of the revised budget for 1979-80 and the proposed budget for 1980-81 would be available within a month or six weeks.
Mr. Weyandt requested that the number of the budget report also reflect a related percentage for the period of time covered for comparison with the percentage figure under “Budget Disbursed”.
The General Fund, Budget Report for the month of December was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
Electric Revenue Fund, Cash Receipts Report for the Month of January
The Electric Revenue Fund, Cash Receipts Report for the month of January was unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt.
Electric Revenue Fund, Budget Report for the Month of January
Mr. McDonough asked if the amount received from the sale of the coal stock pile was used to reduce the fuel adjustment clause.
Mr. Mogan stated that the amount received for the sale of the coal is considered an asset. Fuel can be considered only if it is utilized to produce power.
The Electric Revenue Fund for the month of January was unanimously accepted by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement and Extension Fund, Receipts & Disbursements Report - January
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the month of January was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
CITY MANAGER’S REPORT FOR THE MONTH OF JANUARY
On the City Manager’s Report, under dollar amount billed for electric, Mr. Witt referred to the Municipal Account which indicated $3,383 for the month of January 1980 and $32,274 for the month of January 1979. He requested an explanation for the broad differential.
Mr. Mogan explained that over the past year, it was discovered that a fuel clause charge was added to the per light charge for street lights which was improper. The Finance Department is now recouping the amount of money involved in the mistaken fuel charge application. The improper calculations were initiated in July and the dollar amount error involves $32,754. The January report reflects the entire amount and will be a one time corrective transaction.
Questioned by Mr. Weyandt, Mr. Mogan stated that Unit #3 is scheduled for a start-up on the first of March and should be fully on the line in approximately two weeks.
Per a request to explain the calculations of the fuel clause by Mr. McDonough, Mr. Mogan stated that the fuel clause reflects only the cost of fuel involved to produce power. There is no profit involved in this calculation. He added that other companies have imbedded a fuel cost into the base rate. The City of Dover does not include fuel costs in the base rate; therefore, the figure shown on each bill reflects the actual cost of fuel.
The City Manager’s Report for the month of January was approved by motion of Mr. Muir, seconded by Mr. Witt.
CITY OF DOVER POLICE DEPARTMENT - ANNUAL REPORT
Mr. Muir moved for approval of the City of Dover Police Department Annual Report as submitted, seconded by Mr. Weyandt and unanimously carried.
FIRE CHIEF ANNUAL REPORT
Mr. McDonough commented that the Fire Chief’s Annual Report for the past couple of years has not included possible recommendations for changes and improvements. He suggested that this be included in future reports.
Mr. Witt asked if City Council has ever adopted the recommendation submitted by the National Fire Chiefs Association related to qualifications of line officers.
Deputy Chief Ray Osika replied that there is an attempt within the Fire Department to establish guidelines where officers would be required certain hours of training and completed specific courses.
By motion of Mr. Muir, seconded by Mr. Weyandt, the Fire Chief’s Annual Report was unanimously approved as submitted.
J.P. COURT #7 REPORT - JANUARY
A check was received from J.P. Court #7 for the month of January in the amount of $7,974.43.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the J.P. Court #7 Report for the month of January as submitted.
CITY OF DOVER REGISTRATION PURGE - FIRST REVIEW
A list containing 589 names was submitted by the Office of the City Clerk to be purged from the City of Dover Voter Registration rolls. This represents one of two reviews by Council, consisting of persons who are deceased, moved from the area or have not voted in three consecutive municipal elections.
Mr. Weyandt moved for acceptance of the list, as submitted, seconded by Mr. Carey and unanimously carried.
REZONING REQUEST - LOTS #29 - #33 EDGEMONT AVENUE - DANIEL & MARY LYNN HOUGHTALING
A request was received to rezone lots #29 - #33, located on Edgemont Avenue, Edgehill, owned by Daniel and Mary Lynn Houghtaling. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF THE SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at lots #29 - #33 on Edgemont Avenue are presently zoned for I0 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 March 24, 1980 at 7:45 p.m. on a proposed amendment to the zoning map and zoning ordinance that would rezone from I0 to RG-2 that property located at lots #29 - #33 on Edgemont Avenue, owned by Daniel and Mary Lynn Houghtaling.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 25, 1980
CORRESPONDENCE
Bike Path - East Lake Gardens to Silver Recreation Area
A letter was received from Master Eugene Lewis, containing six additional names of children ranging from age 10 to age 18, requesting a bike path from East Lake Gardens to the Silver Lake Park area or the vicinity thereof, preventing the necessity of using U.S. Route #13. The letter also expressed concern that Luther Towers would create a barricade after construction.
Mr. Witt moved for referral to the Parks, Playgrounds and Trees Committee and Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Roe suggested that the committee, in their discussions include a reference to the map which is included in the Comprehensive Plan that outlines various routes for bike paths.
Mr. Witt moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:33 P.M.
CHARLES A. LEGATES, JR.
MAYOR
All orders, ordinances and resolutions adopted by City Council in their meeting of February 25, 1980, are hereby approved.
WILLIAM H. WILLIS
CITY CLERK
March 3, 1980
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