REGULAR MEETING
The Regular Meeting of Council was held on February 11, 1980 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ANNUAL AUDIT REPORT
A meeting was held prior to the Regular Council Meeting with Mr. Manter, Mr. Lafferty and Mr. Mitten present.
Mr. Mogan stated that the annual audit for 1978/79 has been in the hands of Council for some time and invited any questions that Council might have on the subject.
Mr. Witt informed those present that existing debts of the City of Dover have been significantly reduced over the past six years and complimented the City administration in their efforts.
In his presentation to Council members, Mr. Manter outlined certain financial indebtedness where other cities have experienced difficulty. Mr. Weyandt stated that the City of Dover audit indicates a good performance in staying within National Guidelines.
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously accepted the annual audit for 1978/79 as submitted.
MINUTES
Mr. McDonough referred to an item incorporated in the Minutes concerning Wedgewood Apartments where area residents complained of uncut grass, overflowing trash dumpsters and infestation of rats. As indicated in the Minutes, he requested a report from Mr. Roe on any improvement based on his department’s daily surveillance.
Mayor Legates suggested that this be included as the last item on the agenda.
By motion of Mr. Muir, seconded by Mr. Carey, Council approved the Minutes of the Regular Council Meeting of January 28, 1980 which bore the written approval of Mayor Legates.
APPOINTMENTS TO PLANNING COMMISSION
Mayor Legates presented the names of D. Julian Massey, John T. McKenna and Courtney P. Houston to serve a three year term on the City of Dover Planning Commission.
Mr. McDonough moved for the appointments as submitted by Mayor Legates, seconded by Mr. Hardcastle and unanimously carried.
CONFIRMATION OF POLICE PENSION BOARD ELECTION
Mayor Legates announced the results of the Police Pension Board Election and presented the names of Lt. Larry Gray, Lt. Lyle Baltrusch and Lt. William Knotts for Council’s confirmation.
Mr. Weyandt moved to confirm the members of the Police Pension Board as presented, seconded by Mr. McDonough and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 30, 1980 with Chairman Muir presiding. The committee report was presented by Councilman Witt.
Interest Rate - Special Assessments
Due to existing interest rates and changing economic conditions, the committee considered a request by the City Manager that would increase interest on special assessments from 6% to 9%. Emphasis was placed on the fact that existing assessments approved by Council and entered on the Lien Docket, would not be effected.
Mr. Witt stated that the 9% interest rate would only effect those assessments levied in the future.
The committee recommended that all future special assessments incorporate a 9% interest charge.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. McDonough and unanimously carried.
Uncollectible Accounts Receivable
The committee was advised that the Finance Department has completed a survey of uncollectible accounts receivable. Uncollectibles in the water and sewer accounts amounted to $2,249.75 and general service accounts amounted to $2,875.40 for a total of $5,125.15. It was reported that this is covered by a reserve account with a balance of $10,000.
Electric-Miscellaneous uncollectible accounts amounted to $13,665.20 with an available reserve of $80,000.
The aforementioned uncollectible accounts involves persons who have moved from the area and cannot be located or are deceased with no estate. All efforts to collect have been exhausted although any account with the remotest possibility of collection will remain on the books.
It was the recommendation of the committee, that these accounts be stricken from the books.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. McDonough.
Mr. McDonough questioned a reserve of $80,000 in the electric account when a total of only $13,665.20 in uncollectible accounts has been experienced between 1968 and 1979. Mr. Mogan stated that a reserve account will be maintained for this purpose although the amount of the reserve will be re-evaluated.
The motion to write off the aforementioned amounts of uncollectible accounts in the water and sewer and electric departments was unanimously carried.
Block Grants
Mr. Witt informed Council of a lengthy discussion on a presentation by Mr. Roland Ridgeway concerning Community Development Block Grants. Also present were Mr. Earl Good, Steven Ames and Dorothy Sbriglia of the Division of Economic Development, who outlined the Community Block Grant Program.
Due to the depth of the subject matter, it was the recommendation of the committee that a general workshop of Council be held at a future date.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. McDonough and unanimously carried.
Parking Meters - Downtown
Stemming from a suggestion by Councilman Hardcastle, the committee discussed removal of parking meters in the downtown area, from New Street west to Court #7. After a discussion on existing meters in the City and other areas that might warrant removal, the committee recommended that no additional parking meters be removed.
Mr. Hardcastle reminded Council of a motion some time in the past, that created a moratorium on removal of additional meters in the downtown area for a period of six (6) months.
By motion of Mr. Witt, seconded by Mr. McDonough, Council approved the recommendation of the committee unanimously.
Ballot Wording - Library Expansion Referendum
Mr. Witt informed Council of a recommendation to hold a non-binding referendum for the question of a library expansion on the third Monday of April, to coincide with the municipal elections.
The question on the ballot will appear as follows:
For or against the expansion of the City of Dover Library, not to exceed $900,000
Mr. Witt moved for the recommendation of the committee, seconded by Mr. McDonough.
Mr. McDonough stated that the Library Commission is interviewing for an architect and needs ample time to make a selection and to procure the best price. The City Clerk expressed concern in the time element due to the printing of ballots necessary for absentee voting. It was therefore, the opinion of the committee that the question on the ballot should be in simple terms, including the statement that the expenditure would not exceed $900,000. Delaying the ballot printing for a more specific future from te architects might stall printing of the official ballot utilized for absentee voting.
On a call for the question, the ballot wording for the library referendum was unanimously approved.
Water and Sewer Rate Study
Mr. Mogan stated his initial intention to accomplish a water and sewer rate study in-house. However, due to the present work load he has decided that this will be an impossibility.
The City Manager’s Office has requested that the firms of Richardson and Betz submit a quote to do a full blown study on water and sewer rates. Initial replies from the two firms indicate that the cost of the study will involve $12,000 to $14,000. The study will include a complete appraisal of the system with depreciation values properly assigned. In addition, facts will be compiled that would establish cost of maintaining the system and a reserve for expansion.
The committee recommended that the City Manager be authorized to negotiate a contract for a study of sewer and water rates.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Muir and unanimously carried.
Proposed Ordinance - Sale & Purchase of Precious Metals
Mr. Witt expressed concern to the committee concerning gold and silver being sold by individuals to businesses other than duly licensed pawn brokers. These businesses such as coin collectors are not required by law to maintain records of purchase.
Chief Klenoski added his concern in that records of purchase are helpful in tracing persons who may have acquired the merchandise by unethical methods.
The committee recommended that the City Solicitor acquire a model ordinance utilized in other cities for the purpose of adoption by the City of Dover.
Mr. Witt moved for the recommendation of the committee, stipulating that a public hearing be held on March 10, 1980 at 7:45 p.m. to consider adoption of the ordinance. The motion was seconded by Mr. McDonough and unanimously carried. Mr. Witt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING - 139 KINGS HIGHWAY - WILLIAM E. JR. & PETER C. HALLETT
A public hearing was duly advertised for this time and place to consider rezoning property located at 139 Kings Highway, owned by William E. Jr. and Peter C. Hallett for the purpose of conforming property to existing use and to bring property to one zoning district classification. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Weyandt, Council by a unanimous roll call vote, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 139 KINGS HIGHWAY.
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-10 to I0.
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 on property located at 139 Kings Highway, owned by William E. Jr. and Peter C. Hallett, from R-10 to I0.
ADOPTED FEBRUARY 11, 1980
PUBLIC HEARING - REZONING 822 & 826 FOREST STREET - JOSEPH SEDULE
A public hearing was duly advertised for this time and place to consider rezoning property located at 822 & 826 Forest Street, owned by Joseph Sedule for the purpose of making a non-conforming package store and house conforming with the proper zone. Mayor Legates declared the hearing open.
Mrs. McDowell, an adjacent property owner, was present noting that the agenda specified the proposed zoning as C-1A. Through discussions between Mr. Roe and Mr. Sedule, it was her understanding that the proposed zoning is now C-1.
Mr. Roe advised those present that the Planning Commission has modified the proposed zoning from C-1A to C-1 and Mr. Sedule has agreed to this change.
Mrs. McDowell thanked those responsible for the modification in the zoning which is agreeable to herself and the adjacent community.
Per a request from Mr. Bewick for clarification of the zoning, Mr. Roe stated that 60' of the property starting on the west boundary line going east, would be rezoned C-1. Continuing in an easterly direction to the east boundary line of the property, 73.51' would remain RG-1.
After questioning by Mr. McDonough, Mr. Sedule stated that he would do everything in his power to limit access to his property for persons utilizing the rear area as a bathroom.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, declared by Mr. Hardcastle, Council by a unanimous roll call vote, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 822 & 826 FOREST STREET.
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 RG-1 to C-1.
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 on property located at 822 & 826 Forest Street, owned by Joseph Sedule, from RG-1 to C-1.
ADOPTED FEBRUARY 11, 1980
PUBLIC HEARING - REZONING PROPERTY BOUNDED BY LOOCKERMAN STREET ON THE NORTH, SLAUGHTER STREET ON THE EAST, NORTH STREET ON THE SOUTH AND RAILROAD PROPERTY ON THE WEST - PLANNING COMMISSION REQUEST
A public hearing was duly advertised for this time and place to consider rezoning property bounded by Loockerman Street on the north, Slaughter Street on the east, North Street on the south and railroad property on the west. The rezoning request was initiated by the Planning Commission for the purpose of rezoning the property to conform with adjacent zoning. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning.
Mr. McDonough expressed concern for rezoning the property as requested when no specific plans for development have been initiated. Mr. Roe stated that it was the feeling of the Planning Commission that this property should not be developed residential due to the adjacent uses. He added that the proposed zoning would conform with the Comprehensive Plan.
Mayor Legates declared the hearing closed.
By motion of Mr. Bewick, seconded by Mr. Weyandt, Council by a unanimous roll call vote, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND BOUNDED BY LOOCKERMAN STREET ON THE NORTH, SLAUGHTER STREET ON THE EAST, NORTH STREET ON THE SOUTH AND RAILROAD PROPERTY ON THE WEST.
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 RG-1 and C-2 to C-3.
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 on property bounded by Loockerman Street on the north, Slaughter Street on the east, North Street on the south and railroad property on the west, from RG-1 and C-2 to C-3.
ADOPTED FEBRUARY 11, 1980
PUBLIC HEARING - ZONING CODE AMENDMENTS - ART. 3, SEC. 13.5 & ART. 3, SEC. 16.12
A public hearing was duly advertised for this time and place to consider amendments to the Zoning Code that would amend Art. 3, sec. 13.5 by making any change of use in the C-2 zone subject to a Conditional Use and amend Art. 3, sec. 16.12 by removing the Conditional Uses and making them permitted uses in the C-4 zone. Mayor Legates declared the hearing open.
Mr. Roe explained that an amendment to Art. 3, sec. 13.5 as proposed would make any change of use in the C-2 zone subject to a Conditional Use which would require a public hearing and allow existing businesses in the area input. The C-2, central commercial zone, relates basically to Loockerman Street.
The amendment to Art. 3, sec, 16.12, Mr. Roe stated would remove Conditional Uses, making them permitted uses in the C-4 zone. It was the Planning Commission’s feeling that they would still maintain control over permitted uses in the C-4 zone since it would require a Site Approval.
Mayor Legates declared the hearing closed.
Mayor Legates stated that two separate votes would be required, since Council would be amending two separate sections of the Zoning Code.
By motion of Mr. Muir, seconded by Mr. Witt, Council unanimously adopted the following amendment to Article 3, section 13.5 of the Zoning Code. By motion of Mr. Muir, seconded by Mr. Carey, Council unanimously adopted the following amendment to Article 3, section 16.12 of the Zoning Code.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Ordinance of the City of Dover is hereby amended in the following respects:
1. Article 3, section 13.5, is amended to read as follows:
“13.5 Site Development Plan Approval. Site development plan approval in accordance with Article 10, Section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures. Any change of use will require Conditional Use approval pursuant to Article 10, section 1.”
2. Article 3, section 16.12, is amended by inserting a period after the word “permitted” and deleting the remainder of the sentence so that said Section as amended will read as follows:
“16.12 In addition, the following may be permitted.”
ADOPTED FEBRUARY 11, 1980
UTILITY COMMITTEE REPORT
The Utility Committee met on February 6, 1980 at 7:30 p.m. with Chairman Bewick presiding.
Solid Waste Authority Agreement
The committee discussed the feasibility of signing the Solid Waste Authority Agreement with Attorney Parkowski and Chief Engineer Canzano present. Mr. Parkowski sated that an Agreement would be more feasible because it creates more of a business atmosphere that allows for direct input into questions of policy and fee structure. Without the Agreement, the City of Dover would be a regulated municipality.
After an in depth discussion, the committee recommended that the City of Dover enter into a fifteen year contract with the Solid Waste Authority rather than 20 years as proposed by Authority representatives.
It was Mr. Weyandt’s opinion that the City of Dover would not derive any advantage whatsoever by signing the Authority Agreement. The Authority will set the tipping fee and dictate the regulations. He advised Council of a personal check into local industry who stated that their management would not allow them to enter into such an agreement.
It was his opinion that Council’s approval of such action would bind the City for fifteen years for no feasible benefit. However, the Authority would benefit in that the City’s signature on the Agreement would improve their position in borrowing money.
Mr. Witt expressed concern that a legislative body such as the Solid Waste Authority could be formed with the power to dictate policy to other bodies without proper representation throughout the state.
Mr. Bewick felt that the issue was being clouded by disagreements on the formation of a Solid Waste Authority rather than proper consideration of whether the City of Dover should sign the Agreement. He could not see any disadvantages in signing the Agreement since the City has no options but to utilize the Solid Waste Authority dumping site. However, it was mentioned that the City’s signature on the Agreement would substantially improve the financial position of the Authority and assist in lowering the rates for everyone. With this in mind, he felt that the City of Dover should receive special compensation for their position as a signee.
Mr. McDonough stated that he had reservations about signing a long term contract but felt that the City, as a signee of the Agreement, might benefit financially.
Mr. Mogan stated that signing the contract would place the City in a position to negotiate. The contract also states that the Authority will cooperate and assist the City in matters of disposing of solid waste. To him, this would mean assistance in the construction of a transfer station.
The committee recommended approval of the Solid Waste Authority Agreement for a period of fifteen years.
Mr. Bewick moved for approval of the recommendation, seconded by Mr. McDonough. By a roll call vote of five (5) no, three (3) yes (Mr. McDonough, Mr. Carson and Mr. Bewick) the motion failed.
Annexation Request - Rizzo/Capaldi - Route #104 - Dover Kenton Road
After being informed of staff’s approval of the proposed Rizzo/Capaldi annexation involving land on the west side of Route #104, it was the committee’s recommendation that Council adopt a resolution setting a date for the referendum.
Mr. Bewick moved that Council adopt a resolution setting a date for the annexation referendum on March 14, 1980. The motion was seconded by Mr. Muir and unanimously carried with the following resolution being adopted.
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 west 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, generally triangular lot, piece or parcel of land, west of the present boundary of the City of Dover, situated in East Dover Hundred, Kent County, Delaware, lying on the southwesterly side of “Kenton Road” - - Kent County Road #104, and north of the extended northerly line of “College Road” - - Kent County Road #99, being bounded on the northeast by said Kenton Road, 60' wide, on the west by lands known as the William Willis Tract, in accordance with a survey by Charles C. Brown, dated 1958-59, and being more particularly described as follows, to wit:
Beginning at a point in the southwesterly line of Kenton Road, 60' wide, opposite the intersection of the northerly line of College Road - - Road #99, with the easterly line of Kenton Road - - # 104, a corner for this parcel and lands now or late or Berman and Clouse; thence, running with lands of said Berman and Clouse, S 42o 55' W, 1620.00' to a point, corner for this and William Willis tract; thence, running with line of said Willis tract, N 21o 44' W, 2949.13' to a point in the southwesterly line of said Kenton Road; thence, running with the southwesterly line of Kenton Road, S 59o 57' E, 1103.45' to a point of curvature; thence, by the arc of a circle curving to the right, having a radius of 3789.83', a distance of 741.91' tp a point of tangency; thence, S 48o 44' E, 856.25' to the point and place of beginning.
Also, the right-of-way of Kenton Road - - Kent County Road #104, 60' wide, as it extends from the present boundary of the City of Dover at the northerly line of Walker Road, in a northwesterly direction about 3150' to a point opposite and perpendicular to the most northerly point of afore described Rizzo-Capaldi lands, the present City of Dover boundary binding with the northeasterly line of Kenton Road.
Containing a combined area of 57.742 acres, more or less; 0.083 square miles.
2. That an election be held on the 14th day of March, 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 FEBRUARY 11, 1980
Annexation Request - Dover Downs - 5.0931 Acres
The committee recommended annexation of 5.0931 acres of land adjacent to the property of Dover Downs; said property to accommodate a road that would be utilized by the proposed Dover Shopping Mall off of Route #88.
Mr. Bewick moved to adopt a resolution to set an annexation referendum on March 14, 1980. The motion was seconded by Mr. Muir and unanimously carried with the following resolution being adopted.
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 north 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 Little Creek Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
ALL that certain triangular lot, piece or parcel of land, north of and adjoining the present boundary of the City of Dover, situated in Little Creek Hundred, Kent County, Delaware, lying west of but not adjoining Leipsic Road - - Kent County Road #88, being bounded on the east by lands of Dover Downs, on the southwest by lands of Capital City Mall Associates, and on the northwest by lands of William C. Davis, and being more particularly described as follows, to wit:
Beginning at a field stone at the edge of Muddy Branch and at a corner for this parcel, lands of Dover Downs, and lands of William C. Davis, said point of beginning being located S 85o 04' 30" W, 700.35' from a point in the center of a bridge over Muddy Branch on Leipsic Road; thence, from said point of beginning running with lands of Dover Downs and binding with the present boundary of the City of Dover, S 16o 47' 40" W, 944.07' to a corner for this parcel and lands of Capital City Mall Associates; thence, running with line of said Capital City Mall Associates, it also being the present boundary of the City of Dover, N 30o 52' 14" W, 635.80' to a point in line of said “Mall Associates” and lands of William C. Davis; thence, running with a new line of lands of said Davis, N 59o 07' 46" E, 697.88' to the point and place of beginning.
Containing 5.093 acres, more or less; 0.00795 square miles.
2. That an election be held on the 14th day of March, 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 Cit of Dover at least two weeks prior to the day of this election.
ADOPTED FEBRUARY 11, 1980
Water and Sewer Rate Study
Mr. Bewick reminded Council that the water and sewer rate study had been recommended by the Legislative and Finance Committee and approved by Council. However, it was his opinion that the Utility Committee should also participate in the approval of such a plan.
Mr. Bewick moved for approval of the Utility Committee’s recommendation that the City Manager be authorized to engage a private concern to conduct a water and sewer rate study at a cost of $12,000 to $14,000. The motion was seconded by Mr. Muir and unanimously carried.
Special Assessments - Front Foot Charge Policy
Mr. Bewick informed Council that the policy in question would establish a mechanism for front foot charges of sewer and water but did not include a method to determine the front foot charges. He, therefore, moved for the recommendation of the committee that the special assessments front foot charge policy be adopted. The motion was seconded by Mr. Weyandt and unanimously carried.
Amendment - Section 27 - City Code - Prohibitive Discharges - Sewer System
The committee was informed that Section 27.6 of the City Code that specifies prohibitive discharges into the sewer system will be replaced by a more detailed ordinance that has been written by City consultants and mandated by federal regulations.
Section 27.9 of the City Code, which states three copies of the sewer use rate shall be on file in the City Clerk’s Office will be amended as prescribed in the information on the subject matter.
Mr. Bewick moved that a public hearing be set for March 24, 1980 at 7:45 p.m. to consider adoption of the amendments to the City Code, Section 27.6 and Section 27.9. The motion was seconded by Mr. Witt and unanimously carried.
Contract #1 - Sewer Rehabilitation Project - Bid Award
The committee was informed that bids have been received for contract #1 of the Sewer Rehabilitation Project, which calls for the replacement of sewer lines at Budd Street and Kings Highway, running under Richardson and Robbins. This would also include the line under the Dover Middle School Athletic Field.
The low bid for the project was Teal Construction Company in the amount of $231,634. It was the recommendation of the committee to approve the aforementioned bid, a contract award to Teal Construction Company.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. McDonough and unanimously carried.
Mr. Bewick moved for approval of the Utility Committee Report as submitted, seconded by Mr. McDonough and unanimously carried.
CORRESPONDENCE
City Pensioners - Cost of Living Increases
A letter was received, signed by 17 pensioners of the City of Dover, requesting annual cost of living increases and payment of one-half of Blue Cross premiums for their spouses.
Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Hardcastle.
Mr. McDonough questioned the referral, requesting a referral to the Pension Committee also. Mr. Witt accepted the amendment, as did Mr. Hardcastle.
By a voice call vote, the amendment and main motion was carried unanimously.
WEDGEWOOD APARTMENT REPORT - MR. JACK ROE
Mr. Roe reported that an inspector has visited Wedgewood Apartments morning and afternoon since the last Council meeting. The problem with trash and debris has improved considerably and he has received no complaints from area residents.
The Manager has been contacted on two occasions when the dumpsters were filled to excess. Mr. Gillett, of Wedgewood Apartments informed Mr. Roe that he is asking management for two more dumpsters.
Mr. McDonough reported observing that the dumpsters are not covered.
Mr. Roe stated that management has been cited for this violation and will be remedied as soon as parts are received to repair the lids.
Relating to repeated incidents of debris and overflowing dumpsters, Mr. McDonough thought that the apartment management should take more responsibility to assure good sanitary conditions. He felt that it is management responsibility for the action of the tenants; therefore, fines should be levied accordingly.
CITY CLERK VACATION
A request by the City Clerk for five (5) days vacation, beginning march 3, 1980 was unanimously approved.
Mr. Weyandt moved for adjournment, seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 8:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of February 11, 1980, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
February 18, 1980
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