REGULAR MEETING
June 25, 1979
The Regular Meeting of Council was held on June 25, 1979 at 7:30 p.m. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt, Carson and Bewick. Mayor Legates was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
The Minutes of the Regular Meeting of June 11, 1979 were unanimously approved by motion of Mr. McDonough, seconded by Mr. Carey and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of May
The Chief of Police Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. McDonough.
Building Inspector & Fire Marshal Report for the Month of May
The Building Inspector & Fire Marshal Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Alderman Report for the Month of May
The City Alderman Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Weyandt.
General Fund, Cash Receipts Report for the Month of May
The General Fund, Cash Receipts Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Fund, Budget Report for the Month of April
The General Fund, Budget Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
Electric Revenue Fund, Cash Receipts Report for the Month of May
The Electric Revenue Fund, Cash Receipts Report for the Month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of April
The Electric Revenue Fund, Budget Report for the month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement & Extension Fund, Receipts & Disbursements Report - May
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Library Fund, Receipts & Disbursements Report - May
The Library Fund, Receipts and Disbursements Report for the month of May was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
City Manager’s Report for the Month of May
The City Manager’s Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
SENIOR SURREY
Mr. Mogan advised Council of a recent memorandum to all department heads asking that they try to accomplish economies and efficiencies to reduce the budget cost. It was brought to his attention by the department head that during the hours of 5:00 p.m. and 6:00 p.m. ridership of the Senior Surrey is quite low.
It was Mr. Mogan’s feeling that this particular hour could be dispensed with without serious detriment to any senior citizen. He therefore presented it Council as a recommendation.
Although he had not thoroughly examined cost factors related to operation of the vehicle, a savings of $5,000 in wages would be realized.
Mr. Witt moved for the recommendation of the City Manager, seconded by Mr. Carey.
Mr. Hardcastle stated that he would rather see a motion on a temporary basis to test the outcome of such a measure.
Mr. Witt could see this matter as an administrative decision rather than a Council decision.
Mr. Bewick disagreed, stating that a change could be based on a recommendation of Council.
Mr. Mogan assured Council that he would be the first to recommend a change that would revert to the original schedule if the program appeared to be injured in any way.
On a voice call vote, the City Manager’s recommendation was unanimously approved.
REPORT ON FUEL CLAUSE
Mr. Mogan reported an increase in the fuel clause for July and August from 23 mils to 25 mils. This would be in the interest of recapturing fuel costs.
Questioned by Mr. Weyandt, Mr. Mogan stated that the City presently has a seven to ten day supply of fuel based on a low load factor but only a two to three day supply under a high load factor.
J.P. COURT #7 REPORT - MAY
A check was received from J.P. Court #7 for the month of May in the amount of $8,248.60. By motion of Mr. Hardcastle, seconded by Mr. Witt, the J.P. Court #7 Report for the month of May was unanimously approved.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 20, 1979 with Chairman Muir presiding.
Police Department - Authorized Strength - Motorcycle Grant
Councilman Witt outlined a series of action by Council that reduced the authorized strength of the Police Department from 55 to 53 men. Specifically, in June of 1976, the authorized strength of the department was 49; also in June of 1976 Chief Spence asked for an addition of two men due to the growth of Dover and an additional four men to man a motorcycle unit stemming from a federal grant. In February of 1978, during the Council organizational meeting, an authorized strength of 55 men was approved. On August 9, 1978, a memorandum was received from Mr. Hodge, stating that two positions had been eliminated during the budget hearings, setting the authorized strength at 53. This resulted in an authorized strength of 53 during the February 1979 organizational meeting.
Chief Klenoski asked if the memorandum from Mr. Hodge superceded the Council approval of 55, referring to a Charter requirement that stipulates a setting of authorized strength in the Police Department during the annual organizational meeting.
Mr. Witt advised Council of Chief Klenoski’s request to apply for a new grant that will provide one car and two motorcycles and the salary of one additional man over a three year period. The funding amounts to $37,000 the first year and $14,200 the second and third years. The new grant allows the motorcycles and/or the car to patrol in areas of the City other than Route #13. However, funding of the grant hinges on the willingness of the City to assume the salaries and benefits of those provided in the old grant. This would necessitate an authorized strength of 56 men. Based on an authorized strength of 53 men, if Council disapproves the new grant, which will eliminate the present motorcycle unit and four men, the department’s total authorized strength would drop to 49.
Mr. Witt pointed out the energy saving factor of the motorcycles and added that the unit accounts for at least 30% of the arrests in the department. Although the City will be required to pick up the salaries and benefits of the men at the end on the grant period, Mr. Witt pointed out that the City is growing and additional personnel will be needed in the future.
Mr. McDonough spoke to the old grant, stating that he thought that when the grant ended so would the financial burden of the four men. He added that the federal government is tempting the City with another grant which will require an additional man and assuming the financial responsibility of the four men from the old grant. He did not feel that this was the time to assume additional financial responsibilities. In voting to approve the 1979-80 fiscal budget, Mr. McDonough stated that he was not aware that funds were included to assume the salaries and benefits of the four men from the original grant.
Mr. Carson referred to similar experiences in the past and stated that Council has acted, at various times, without adequate financial data on said requests. He suggested that a complete financial report be submitted to Council before consideration of the new grant and assuming responsibility for the old grant.
Mr. Bewick moved to table the matter until such time that a financial impact report is submitted to Council as suggested by Mr. Carson. The motion failed for lack of a second.
Questioned by Mr. Witt and Mr. Bewick, Mr. Mogan stated that the fact that the money was included in the 1979-80 budget did not lock Council into assuming the financial responsibility of the old grant but instead was a policy-making decision of Council as a whole. By dropping the old grant, the budget would be reduced approximately $22,000.
Mr. McDonough suggested that any federal funding running out during a fiscal year budget be indicated on the proposed budget for Council’s information.
Mr. Bewick referred to information in the Legislative and Finance Committee Report which intimates that the new grant application must be submitted to the Highway Safety Department during the month of June. Since the old grant does not run out until October of 1979, and being familiar with the procedures for application, he did not feel that the grant application would have to be submitted during the month of June, therefore, a Council decision would not be necessary at the moment.
Mr. Bewick called for the question that recommended the approval of an authorized strength of 56.
By a roll call vote of four (4) no, three (3) yes, (Mr. Hardcastle, Mr. Carey and Mr. Witt) the motion failed.
Mr. Carson moved that a thorough study be made of the matter and a financial report be submitted for Council’s review and final decision at the next regular Council meeting. The motion was seconded by Mr. McDonough.
Questioned by Mr. Weyandt, Chief Klenoski stated that he would contact the Highway Safety Department on June 26th and resolve the matter of a time limit to submit applications for the grant.
To clarify the question of the number of authorized personnel in the Police Department, Mr. McDonough stated that it was his opinion that the authorized strength of the Police Department stood at 55 men, cutting four men from the disbandment of the old motorcycle unit would then result in an authorized strength of 51. (There was no action on Mr. McDonough’s statement and no disagreement that the authorized strength would reduce to 51 after the old grant runs out on October 1, 1979.)
Mr. Hardcastle called for the question. By a roll call vote of five (5) yes, two (2) no (Mr. Witt and Mr. Bewick) the motion was carried.
Senior Surrey - Operation Outside City Limits - Doctor and Dentist Offices
The written proposal to the Legislative and Finance Committee submitted by Mr. Mogan proposed that passengers be permitted to have drop-offs outside the City limits if to a doctor or dentist office and on the opposite side of the street and highway, contiguous to the City boundaries, if within 1/4 of a mile of the City limits on the same road.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Determination of Overtime Pay, Vacations, Holidays, Sick Leave, Etc.
Mr. Mogan pointed out to the committee that page 2, paragraph 3, in the City of Dover Employee Handbook/Benefits and Policies, stipulates the following “For the purpose of computing overtime pay, time spent on vacation, holidays, earned sick leave, military leave and bereavement periods shall be considered as hours worked.” He expressed great concern with this benefit and recommended that the first sentence read “shall not be considered as hours worked”.
The Committee recommended that the City Manager compose a recommended change to be included in the next Council packet for consideration.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Weyandt.
Mr. Witt stated that he thought it was Council’s intention to have the words “shall not” rather than the present reading.
Mr. McDonough felt that it was more of a typographical correction rather than a policy change.
On a voice call vote, the motion was unanimously carried.
Mr. Witt moved for adoption of the Legislative and Finance Committee Report as submitted, seconded by Mr. McDonough and unanimously carried.
PUBLIC HEARING - REZONING PROPERTY LOCATED ON ROOSEVELT AVENUE, EAST OF U.S. ROUTE #13 ON THE ST. JONES RIVER - HARRY DION AND MORRIS DEMBOWITZ
A public hearing was duly advertised for this time and place to consider rezoning property located on Roosevelt Avenue east of U.S. Route #13, on the St. Jones River, owned by Harry Dion and Morris Dembowitz, to construct 122 townhouse units. Vice-Mayor Muir declared the hearing open.
Mr. Nathan Cohen was present to introduce Mr. Norman Paul and Charles Datner who were present to display a schematic of the proposed development as an informative measure for Council. He stated that the purpose of the request to rezone the area RG-3 was to reduce the density allowed in the present zoning and construct 122 townhouse units.
Mr. Dale Sipple of 151 East Roosevelt Avenue, owner of Riverside Trailer Park, was present to question the type of development that would take place in the area and specifically where the entrance would be located.
Mr. Roe explained to Mr. Sipple that preliminary site plans will be submitted and a public hearing, with adjacent property owners notified, before final approval of the site plan.
Mr. Bewick requested that Mr. Paul and Mr. Datner be permitted to display the schematic of the development since his decision on the rezoning might be based on the location of the entrance off of U.S. Route #13.
Mr. Paul explained the layout of the development and stated that townhouses, under RG-3 zoning, would reduce the density by at least 55%, based on the present zoning of RG-2 which permits apartments.
Question by Mr. McDonough, Mr. Paul stated that a plot of land had been set aside for dedication as parkland.
Mr. Weyandt asked if the developer was aware of the possibility to dam the river with the idea of creating a recreational area.
Mr. Paul stated that funds have been set aside for dredging and improvement on the river banks and some improvements on Roosevelt Avenue.
Vice-Mayor Muir declared the hearing closed.
Mr. Bewick moved for approval of the rezoning, seconded by Mr. Hardcastle, and by a unanimous roll call vote, Council 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 ON ROOSEVELT AVE, E. OF U.S. ROUTE #13, ON THE ST. JONES RIVER.
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-2 to RG-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 located on Roosevelt Avenue, east of U.S. Route #13, on the St. Jones River, owned by Harry Dion and Morris Dembowitz, from RG-2 to RG-3.
ADOPTED JUNE 25, 1979
SET PUBLIC HEARING - AMENDMENT TO ZONING TEXT - ADULT ENTERTAINMENT FACILITIES
Mr. Bewick moved that a public hearing be held on July 23, 1979 at 8:00 p.m. and the matter of amending the zoning text of the City of Dover for the purpose of establishing requirements for adult entertainment facilities be referred to the Planning Commission on July 16, 1979. The motion was seconded by Mr. Witt and unanimously carried.
SET PUBLIC HEARINGS - DANGEROUS BUILDINGS
Mr. Bewick moved that public hearings be set for each of the following dangerous buildings on July 23, 1979 at 8:00 p.m. The motion was seconded by Mr. Witt and unanimously carried.
1. Dover Associates - east side of Route #88 (Dover Leipsic Road)
2. John R. & Norma Collins - garage - 202 American Avenue
3. John W. Pitts - 411 Reed Street - House
4. Samuel Mosley - c/o Coleman Mosley - 18 N. Kirkwood Street - House
5. John Pleasanton Estate - c/o B.J. Caniford (1. Lot #40 - small house, 2. Lot #1 - block C (101 Spruance Road), 3. Lots #33 & #34 - trailer on corner of alley)
6. Parkview Inc. - south side of Whiteoak Road - old barn & junk on 5.68 acres of land
APPOINTMENT - CARLETON WALLS - PLANNING COMMISSION - THREE YEAR TERM
Vice-Mayor Muir presented the name of Carleton Walls to serve a three year term on the Planning Commission, said term to expire on February 28, 1982.
Mr. McDonough moved for approval of the appointment, seconded by Mr. Hardcastle and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee meeting was held on June 21, 1979 with Chairman Hardcastle presiding.
Mr. Hardcastle advised Council that the committee report contained no items that would be necessary for Council action. However, the Square Club parking problem on State College Road was referred to the Planning Commission for their review and recommendations.
Excessive speeding in alleys was deferred for further study as was the question of stop signs on Freedom Drive and Independence Boulevard.
Mr. Hardcastle moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
CORRESPONDENCE
HAZ Inc. - Annual Cultural Appreciation Day
A letter was received from HAZ, Inc. requesting the Dover Park and Recreation Area to hold the Second Annual Cultural Appreciation Day which is scheduled for Saturday, August 18, 1979 (raindate - August 25, 1979).
Mr. Witt moved for approval of the request, seconded by Mr. Bewick and unanimously carried.
Capital School District - Gasoline Holding Tanks - William Henry Middle School
A request was received from Dr. Edward Powell, Superintendent of the Capital School District, requesting a variance of a City ordinance to permit installation of gasoline holding tanks and a pumping facility at the William Henry Middle School facility. Dr. Powell explained that the facility would be utilized to fuel 35 district vehicles.
Mr. Roe explained that the $40,000 grant would enable the School District to move the supply facility from the Central Middle School to the William Henry Middle School facility, resolving a dispute by residents living in the vicinity of the Central Middle School. He added that the gasoline holding tanks at the William Henry Middle School are a very necessary installation for the buses utilized in the orthopedic section.
Mr. Roe further explained that the request is based on the catch-all ordinance recently passed to control installation of gasoline storage facilities in residential areas. If the request is approved by Council, the matter will be considered by the Board of Adjustments and the Planning Commission.
Mr. Bewick moved for approval of the request, subject to the decision of the Board of Adjustments and Mr. Roe. The motion was seconded by Mr. Carey.
Questioned by Council, Mr. Roe stated that the installation would be underground and located a satisfactory distance from any school facility.
By a vote of five (5) yes, two (2) no (Mr. Witt and Mr. McDonough), the request was approved.
SILVER LAKE POLLUTION
Mr. Mogan reported continued testing of the lake and no attempt to open the area will be made until two negative reports of the testing are confirmed.
Mr. Weyandt asked if any evidence of the cause of pollution has been found.
Mr. Mogan replied that the entire lake is being monitored. In addition, dye tests have been made of the City sewer line in the lake bed with no evidence of seepage.
Mr. Roe informed Council that samples have been taken as far as Carlisle Village and State College, including various locations covering the entire lake. Low coliform counts were experienced in the vicinity of Carlisle Village while high counts exist near the bridge and at the dam.
This is baffling to the State and EPA representatives who have been very cooperative in trying to solve the matter.
Mr. Weyandt suggested draining the lake to check seepage around the perimeter of the banks.
Mr. Witt moved for adjournment, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 9:12 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of June 25, 1979, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
July 2, 1979
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