REGULAR MEETING
September 11, 1978
The Regular Meeting of Council was held on September 11, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey and Witt. Councilmen Bewick and Carson were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
EXECUTIVE SESSION
Mayor Legates requested an executive session immediately following the regular meeting of Council. By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council unanimously approved the request.
MINUTES - AUGUST 28, 1978
By motion of Mr. Muir, seconded by Mr. Weyandt, the Minutes of the Regular Meeting of August 28, 1978 were unanimously approved and bore the written approval of Mayor Legates.
CUTOFF DATE FOR SUBMISSION OF COUNCIL AGENDA ITEMS
Mr. Muir moved to set Wednesday at 5:00 p.m., prior to the next Regular Council Meeting, as a cutoff time for submission of agenda items. The motion was seconded by Mr. Weyandt.
Questioned by Mr. McDonough, Mayor Legates stated that under the Robert Rules of Order, it is the prerogative of the person chairing the meeting to decide what would be an emergency item. However, if an individual councilman presented an item personally considered as an emergency, as Mayor he would view such a request favorably.
Mayor Legates also requested that the City Clerk include an item on all agendas, under the hearing of “Deferred Business”, to cover additional information on items discussed by Council in previous meetings.
On a call for the question by Mr. Hardcastle, Council unanimously approved the motion.
The City Clerk was instructed to notify the news media of the aforementioned action of Council.
REGULATION OF TRUCK TRAFFIC ON GOVERNORS AVENUE AND STATE STREET
The City Solicitor reported that research in his office indicates that the regulation of commercial traffic on State Street and Governors Avenue is considered a local matter by the federal government. Size and weight of commercial traffic cannot be stipulated since it is regulated by Congress.
Mayor Legates explained that the present ordinance is not designed to cause undue inconvenience to trucks on local deliveries.
The City Solicitor was instructed to investigate the present ordinance in regards to the authority of the City of Dover to regulate heavy commercial traffic and report to Council in their meeting of September 25, 1978.
AMBULANCE FEES
Mr. Weyandt informed Council that a survey conducted by the City Manager’s office indicates that the City of Dover ambulance fees are far below those charged by neighboring communities. He outlined the following charges for Council’s study and consideration at a future meeting.
Within City Limits $35.00 flat fee
Outside City Limits $35.00 plus 50¢ a mile
The above rates would be charged to residents of the City of Dover and non-residents of the City.
Mr. Weyandt emphasized that a stronger effort should be made to collect from patients who have insurance coverage. He also stipulated that persons having no insurance or no means to pay ambulance charges will be given this service at no charge.
A general discussion followed with Mr. Witt voicing objections to the necessity of charging residents for inter-city service.
Mr. Weyandt reminded those present that the ambulance service is substantially funded by revenue sharing monies. Since revenue sharing contributions might be abandoned in the near future, it was his feeling that the City of Dover should be prepared with a certain guarantee of income for funding derived from services rendered by the ambulance service.
It was the general feeling that the Committee should meet in the near future for the purpose of arriving at a recommendation for Council consideration.
SET HEARING TO ADOPT ORDINANCE - REGISTRATION BY MAIL
The City Clerk recommended that a ordinance be prepared and a public hearing held on October 9, 1978 to initiate voter registration by mail.
Mr. McDonough moved for the recommendation of the City Clerk, seconded by Mr. Hardcastle and unanimously carried.
MAYOR’S VOTE WHEN A COUNCIL TIE VOTE OCCURS
Mr. Witt referred to Council action that amended the Charter removing the power of the Mayor to vote in case of a four yes - four no vote by the legislative body. He suggested that this portion of the Charter be reinstated. He therefore moved for referral to the Legislative and Finance Committee for consideration and recommendation to Council. The motion was seconded by Mr. Hardcastle.
Mr. Hardcastle spoke favorably towards Mr. Witt’s suggestion, feeling that the Mayor should be allowed input into certain important issues in case of a tie vote.
Mr. McDonough felt that the Mayor is an executive officer and not a legislator. In a small body, such as Council, tie votes will frequently occur with the Mayor becoming a legislator with his power to break the tie.
Questioned by Mr. Weyandt, Mayor Legates stated that allowing his vote to break a tie vote of Council would be contrary to the Robert Rules of Order, previously adopted by Council. However, Roberts Rules can be circumvented by motion, if desired, in certain circumstances.
Mr. Hardcastle called for the question of Mr. Witt’s motion.
Council, by a unanimous vote, referred the matter to the Legislative and Finance Committee.
NOTIFICATION TO PROPERTY OWNERS OF PLANNING COMMISSION HEARING FOR REZONINGS
Council, in a previous meeting, requested that the notification letter to property owners living within 150' of a proposed rezoning also be notified of the Planning Commission meeting that would consider the rezoning.
Mr. Roe stated that the City Code does not provide for a public hearing by the Planning Commission for rezonings. The Planning Commission only recommends when directed by Council. He asked if Council intended to amend the Code, allowing Planning Commission public hearings or was the notification for the purpose of alerting property owners that said rezoning would be considered.
Mr. McDonough explained that his intent was to advise interested adjacent owners that the Planning Commission will review the rezoning request with possible input at the discretion of the Commission chairman.
Mr. Roe advised that Mr. Willis has revised the public hearing notice to property owners to include date, time and place of the Planning Commission meeting.
DOWNTOWN REVITALIZATION
Mayor Legates informed Council that Mr. Hodge will arrange a workshop session with Council and Downtown Merchants in the near future for the purpose of updating progress in the various phases of construction.
Mr. Witt and Mr. Weyandt spoke to problems with the traffic signal system such as no left turn signs in the downtown area illuminated for twenty-four hour periods, traffic signals out of sequence and traffic tie-ups on Division Street due to the signalization.
Mr. Hodge explained that all of the traffic signals are not connected to the computed, located at the Police Station, until all thirteen traffic signals are activated. The computer cannot comprehend the proper sequence of the signals. Work is now in progress on this particular problem and other problems related to the new signalization.
CORRESPONDENCE
Dover Brook Gardens - Petition - Water and Sewer
A petition was received from residents of Dover Brook Gardens, requesting water and sewer service to their area as soon as possible.
Mr. McDonough moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Witt and unanimously carried.
Letter from Governor du Pont - Meeting With Secretary of Transportation & Congressional Delegation Mayor Legates announced that a letter has been received from Governor du Pont, advising that a meeting to discuss the interstate system can be arranged during the months of September or October in his Wilmington office. He requested that those Councilmen interested in participating in the meeting agree upon a date and notify Mr. Hodge who will contact the Governor’s office.
ROBBINS HOSE COMPANY - SLIDE PRESENTATION
Chief Baker, aided by other volunteers from Robbins Hose Company, presented a film of actual fires in the Dover area and mutual aid fires. After the film presentation Councilmen posed for pictures beside the newly purchased pumper and convened for an executive session to discuss personnel matters.
Meeting Adjourned at 8:28 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 11, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
September 18, 1978
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