REGULAR MEETING
October 9, 1978
The Regular Meeting of Council was held on October 9, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson. Mr. Bewick was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
EXECUTIVE SESSION
Mr. Witt moved that Council recess into executive session to discuss personnel matters, seconded by Mr. Weyandt and unanimously carried.
Council reconvened at 7:25 p.m.
In accordance with discussion held in executive session, Mr. Muir moved that Mr. Hodge be given a salary increase to a G-28 D, to be effective retroactive to October 1, 1978 and said step increase be enforced as long as Mr. Hodge is Acting City Manager. The motion was seconded by Mr. Hardcastle and unanimously carried.
MINUTES
The Minutes of the Regular Council Meeting of September 25, 1978 were unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor Legates.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on October 2, 1978 with Chairman Hardcastle presiding.
Date - Halloween and Trick or Treat Night
Mr. Hardcastle reported a recommendation of the Committee that would set a date for Halloween to be celebrated on October 31, 1978 and Trick or Treat to be observed between the hours of 6:00 p.m. and 9:00 p.m. on the evening of October 31, 1978.
Mr. Hardcastle moved for approval of the recommendation, seconded by Mr. Muir and unanimously carried.
Mayor Legates stated that a Proclamation would be issued in accordance with the above motion.
Parks and Recreation Department - Capital Improvement Budget 1979-80
The Committee discussed the Capital Improvement Budget for the Parks and Playgrounds Department and suggested that Mr. Knox review the budget items and submit a list of capital improvements for the 1979-80 budget. The revised list will be submitted to the Committee one week prior to a meeting where it will be discussed for recommendations to Council.
Mr. Hardcastle moved for the recommendation, seconded by Mr. Muir.
Mr. Hodge requested that the proposed list be submitted to the Office of the City Manager before consideration by the Committee. He reminded Council that the present budget contains an overall five year plan for capital improvement in the various departments.
If a five year plan now exists for the Parks and Recreation Department, Mr. Weyandt questioned why an additional list was submitted to the Committee for consideration.
Mr. Hardcastle requested that Mr. Weyandt hold this particular question for the next recommendation that will be presented to Council.
The motion recommending that Mr. Knox prepare a capital improvement budget for 1979-80 was unanimously carried.
Parks and Recreation Department - Five Year Master Plan
Mr. Hardcastle stated perhaps there were members of the committee who were not aware of a five year capital improvement plan in the budget relative to the Parks and Recreation Department. He added that the committee, on several occasions, has recommended certain improvements in the department but these improvements were not included by Council in the current budget.
For the purpose of discussion on the floor, Mr. Hardcastle moved that Council endorse a five year master plan for recreation within the City. The motion was seconded by Mr. McDonough.
Mayor Legates suggested that possibly members of Council were confusing a five year capital improvement budget which covers all departments with a five year master plan which would specifically outline certain improvements within the Recreation Department.
Mr. Hodge stated that a city-wide capital improvement budget has been included in Council packets for the past four years. Ninety-eight percent of these items have not been funded in the past two years due to a lack of funds over and above the regular operating budget. The Parks and Recreation Department is a part of that five year plan of the Capital Improvement Budget which has been submitted for the past three or four years.
Mr. Hardcastle explained that the recommendation for a five year master plan was to allow Mr. Knox to assess his priority items and formulate a list of most needed improvements for consideration by Council over a five year period.
Mr. Witt suggested that Council might endorse the preparation of a five year recreational plan but not the plan itself without some financial background of the cost figures.
Questioned by Mr. Weyandt, Mr. Hodge stated that the five year capital improvement plan for the Recreation Department specifically outlined certain improvements to be accomplished over that span of time.
Mr. Weyandt suggested that Mr. Knox present the said capital improvement plan for the Recreation Department at the next regular committee meeting.
Mr. Hardcastle withdrew his motion for Council to endorse a five year master plan as did Mr. McDonough his second.
Mr. Hardcastle moved to accept the report of the Parks, Playgrounds and Trees Committee as submitted, seconded by Mr. Muir and unanimously carried.
SPENCE - BURKE ANNEXATION RESULTS - PERSIMMON TREE LANE & LEIPSIC ROAD
As certified by the sworn county officials, City Clerk Willis reported a vote of three (3) for inclusion into the City limits and zero (0) votes against inclusion into the City limits, relative to the William J. Burke and Eilleen Spence annexation located on the south side of the Leipsic Road and east of Persimmon Tree Lane.
Mayor Legates accepted Mr. Carson’s request for not voting due to his lack of knowledge of the annexation request.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council by a vote of six (6) yes, Mr. Carson not voting and Mr. Bewick absent, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 situated at the northeast corner of the intersection of Kent County Road #88 and Persimmon Tree Lane and northeast of the present City limits, and hereinafter more particularly described within the limits of the City of Dover.
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the Votes Cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same 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 therein shall be annexed to and included within the limits of the Cit of Dover:
ALL those two parcels of land situated at the northeast corner of the intersection of Kent County Road #88 - - Leipsic Road, and Persimmon Tree Lane, being lot numbers 1 and 2 of a Revised Plant of William H. Spence Subdivision, dated October 1950, recorded in the Kent County Recorder of Deeds Office in plat book 2, page 20, and having a combined frontage on Leipsic Road of about 195', extending back a depth of about 185'; containing 0.79 acres of land, 0.001 square miles, more or less.
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 10th day of October 1978 at 12:01 a.m. o’clock.
ADOPTED OCTOBER 9, 1978
REGISTRATION BY MAIL ORDINANCE
The public hearing was duly advertised for this time and place to consider the adoption of an ordinance which would permit registration by mail in the City of Dover. Mayor Legates declared the hearing open.
The City Clerk briefly outlined the requirements of the ordinance which would permit an application for registration by mail and alleviate the necessity for eligible residents to appear in person for voter registration.
Mr. David Perman or Woodcrest was present stating that he hoped this form of registration would induce more residents to participate in municipal elections.
Mr. McDonough questioned section 11-10, paragraph b “Procedure for registration by mail”, in which the ordinance states “The completed application shall be returned to the City Clerk no later than December 31st of an election year and no returned registration forms shall be accepted by mail if postmarked later than that date”. Due to the unreliability of the postal service, it was his opinion that this should read “the last working day of December”.
Mayor Legates declared the hearing closed.
Mr. McDonough moved for adoption of the ordinance with the exception of section 11-10, paragraph b, which would state “The completed application shall be returned to the City Clerk no later than the last working day in December of an election year. The motion was seconded by Mr. Witt.
By a unanimous roll call vote, Mr. Bewick absent, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That Section 11-2 of the Dover Municipal Code be and the same is hereby revoked in its entirety.
2. That a new Section 11-2 is hereby enacted to read as follows:
SECTION 11-2 - REGISTRATION REQUIREMENTS. To qualify to register as a voter of the City, an individual shall have been a resident of the City for a period of thirty (30) days prior to the election, shall continue to be resident to the date of the election and shall demonstrate to the registration officials that he will be at least eighteen (18) years of age as of the date of the election.
3. That Section 11-3 of the Dover Municipal Code is hereby amended to read as follows:
SECTION 11-3 - REGISTRATION INFORMATION REQUIRED. Any voter desiring to register at any registration required by Section 11-5(a) or at any supplementary registration or by registration by mail, shall furnish the registration officials his full name, age at the date of the registration, birth date, present residence within the City including street address and box number if applicable, date when the individual commenced his residence within the City and the district within the City where the individual presently resides.
4. That Section 11-5 is hereby amended by the addition of “Registration by mail” to the title and by the addition of a new subsection, subsection (c) to read as follows:
SECTION 11-5 - REQUIRED DATES AND TIMES FOR REGISTRATION: SUPPLEMENTARY DATES AND TIMES: REGISTRATION BY MAIL.
(c) REGISTRATION BY MAIL. Every qualified voter who is not already registered may, in addition to other methods of registration, apply to the City Clerk by mail, telephone or in person for forms to register by mail. The procedure for registration by mail shall be in accordance with the requirements set out in the applicable sections of this Chapter.
5. That Section 11-6 is hereby amended to read as follows:
SECTION 11-6 - REGISTRATION BOOK TO BE PROVIDED. The Mayor and City Council shall provide the City Clerk with all the necessary books for use in the conduct of general, supplementary and mail registrations.
6. That the following new sections, Section 11-10, Section 11-11, Section 11-12 and Section 11-13 are hereby enacted to read as follows:
SECTION 11-10 - PROCEDURE FOR REGISTRATION BY MAIL. (a) If the request for voter registration by mail is received by phone, the registration officer shall fill out the request card and proceed in accordance with subsection (b).
(b) Within three (3) days after the request is received, the registration officer shall mail the required forms and set of instructions to the applicant. The completed application shall be returned to the City Clerk no later than the last working day of December of an election year and no returned registration forms shall be accepted by mail if postmarked later than that date.
(c) A request for voter registration by mail may also be made by someone other than the person named as requesting registration. The person making the request shall sign the request card and give the name and address of the applicant.
SECTION 11-11 - DUTIES OF THE REGISTRATION OFFICER FOLLOWING RECEIPT OF MAIL REGISTRATION FORMS.
(a) Upon receipt, all mail registration forms shall be date-stamped by the officer.
(b) If the application is deemed to be properly executed, the officer shall proceed to verify the validity of the applicant.
SECTION 11-12 - NOTIFICATION OF REGISTRATION
(a) After receipt of the registration form and verification of the validity of the applicant, each applicant determined to be qualified to vote shall be mailed a voter notification form by non-forwardable mail. If the notification form is returned as undelivered, a second mailing shall be attempted.
Registration shall not be considered valid until the voter notification form is deemed to have been received by the applicant by mail. If the notification form is not returned within five days of the day of mailing by the registration officer, it shall be deemed to have been received by the applicant.
(b) The registration records of persons registering by mail, after completion, shall become part of the present registration system.
SECTION 11-31. REJECTION OF MAIL REGISTRATION. Each application for registration by mail whose application is rejected shall be promptly notified in writing of such rejection and of the specific reason or reasons for such rejection.
ADOPTED OCTOBER 9, 1978
CANCELLATION OF NOVEMBER 27, 1978 COUNCIL MEETING
Due to the attendance of a majority of Council at the National League of Cities meeting in St. Louis, Mr. McDonough moved to cancel the November 27, 1978 Council Meeting. The motion was seconded by Mr. Weyandt and unanimously carried.
CORRESPONDENCE
Department of Administrative Services - Waiver of Interest - Water Main
A letter was received from Ms. Lydia Boyer, Secretary of the Department of Administrative Services, State of Delaware, requesting that Council waive interest due on a bill of $59,379.24 for water main installation at Delaware Technical and Community College. It was Ms. Boyer’s belief that a precedent in granting such a request was established when such a waiver was approved for sidewalk improvements at the Kent Correctional Center and Capitol Complex.
Mr. McDonough moved for referral to the Utility Committee, seconded by Mr. Weyandt and unanimously carried.
Service Realty Company - Millington Acres - Sewer Request
A letter from Mr. Ernest V. Keith of Service Realty Company, referred to a proposed development of a trailer park at Millington Acres which is just off of the North Little Creek Road, near Fox Road. Mr. Keith inquired into the possibility of the City of Dover permitting a sewer hookup to the City sewage system.
Mr. McDonough moved for referral to the Utility Committee, seconded by Mr. Witt and unanimously carried.
CROP Walk for the Hungry - Guide Signs
Mr. Michael Hawley informed Council that his organization, CROP, is planning a walk for the hungry which is scheduled on Sunday, October 22, 1978, beginning at 1:00 p.m.
In previous conversation with Chief Inspector Roe, Mr. Hawley was informed of a City ordinance which prohibits posting of signs on City utility poles or trees which would be used as a directional guide for participants in the walk.
Mr. Weyandt moved to refer this matter to Mr. Roe who was instructed to incorporate in a letter to Mr. Hawley the prohibitions of the City ordinance in placing signs on City utility poles and trees. The motion was seconded by Mr. Carey.
Mr. McDonough and Mr. Hardcastle questioned the contents of the ordinance, asking if the signs could not be erected on stakes driven into the ground.
Mr. Roe replied that the ordinance specifically prohibits this type of placement of signs.
The motion was approved b a vote of six (6) yes, one (1) no (Mr. McDonough) with Mr. Bewick absent.
Sixth Annual Halloween Parade - Matching Funds - Dover Kiwanis
Mr. J. Joseph O’Donnell, Parade Chairman for the Sixth Annual Children’s Halloween Parade, informed Council that their club has budgeted $450 to support the aforementioned project. The club has asked the downtown merchants to match this figure and in turn, requested that the City of Dover support the project with a $450 contribution.
Mr. Witt moved that the City of Dover donate $250 from the City Manager’s donation fund. The motion was seconded by Mr. Carey.
It was noted that the City of Dover did not fund the project last year.
Mr. McDonough stated that he could not support a donation for a project planned and sponsored by the Dover Kiwanis Club. It was his opinion that the Dover Kiwanis Club should not have initiated such a project without funds to support same.
By a roll call vote of four (4) no, three (3) yes, (Mr. Hardcastle, Mr. Carey and Mr. Witt) with Mr. Bewick absent, the motion failed.
Meeting Adjourned at 7:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of October 9, 1978.
CHARLES A. LEGATES, JR.
MAYOR
October 16, 1978
db