REGULAR MEETING
April 24, 1978
The Regular Meeting of Council was held on April 24, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt and Bewick. Councilman Carson was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Hardcastle requested an additional agenda item to discuss the U.S. Postal Service in the City of Dover.
Mr. Hodge requested an additional agenda item for a discussion on the dates for the bids, awards and advertising concerning the Phase II, Downtown Revitalization Program.
The City Clerk requested an additional agenda item to present a rezoning of property located on the east side of Dover-Leipsic Road.
The City Clerk requested an additional agenda item to present a letter from U.S. Post Office concerning local collection boxes.
RESOLUTION - ANTI-RECESSION FUNDS
The City Clerk read into the official records, the following resolution.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, THAT THE CITY MANAGER IS AUTHORIZED TO USE THE ANTI-RECESSION FISCAL ASSISTANCE PROGRAM FUNDS IN THE CITY’S GENERAL FUND ACCORDING TO THE GUIDELINES PROVIDED BY THE OFFICE OF REVENUE SHARING AND PL 94-369, TITLE II.
By a roll call vote of six (6) yes, two absent (Mr. Witt and Mr. Carson) the resolution was adopted.
MINUTES - APRIL 10, 1978
Mr. Hardcastle moved to approve the Minutes of April 10, 1978, deleting that portion disapproved by Mayor Legates relating to Council’s appointment of Administrative Assistant Paulson as Coordinator for a HUD grant under the Small Cities Program. The motion was seconded by Mr. Muir.
Mr. Bewick called for a point of order, stating that the Minutes reflect the actual proceedings of Council and should be adopted as written, unless Council elects to override the Mayor’s disapproval.
Mr. Hardcastle withdrew his motion as did Mr. Muir his second.
Mr. Hardcastle moved for adoption of the Minutes as submitted, seconded by Mr. Muir. By a unanimous vote, Council approved the Minutes as written, noting the disapproval of the section headed “Appointment of Coordinator for HUD Funds”, relating to Council’s appointment of Administrative Assistant Arline Paulson.
MINUTES - SPECIAL COUNCIL MEETING OF APRIL 19, 1978
By motion of Mr. Hardcastle, seconded by Mr. Muir, Council unanimously approved the Minutes of the Special Council Meeting of April 19, 1978 which bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of March
The Chief of Police Report for the Month of March was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bewick.
Building Inspector and Fire Marshal Report for the Month of March
The Building Inspector and Fire Marshal Report for the Month of March was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
City Alderman Report for the Month of March
A check was received for the Month of March in the amount of $2,290. By motion of Mr. Muir, seconded by Mr. Weyandt, the City Alderman Report for the Month of March was unanimously approved.
General Fund, Cash Receipts Report for the Month of March
The General Fund, Cash Receipts Report for the Month of November was unanimously accepted by motion of Mr. Muir, seconded by Mr. Weyandt.
General Fund, Budget Report for the Month of February
The General Fund, Budget Report for the Month of February was unanimously approved by motion of Mr. McDonough, seconded by Mr. Weyandt.
General Capital Fund, Receipts and Disbursements Report for the Month of March
The General Capital Fund, Receipts and Disbursements Report for the Month of March was unanimously approved by motion of Mr. McDonough, seconded by Mr. Weyandt.
Electric Revenue Fund, Cash Receipts Report for the Month of March
The Electric Revenue Fund, Cash Receipts Report for the Month of March was unanimously approved by motion of Mr. Weyandt, seconded by Mr. McDonough.
Electric Revenue Fund, Budget Report for the Month of February
The Electric Revenue Fund, Budget Report for the Month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement Fund, Cash Receipts and Disbursements Report - March
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Library Fund, Cash Receipts and Disbursements Report - March
The Library Fund, Cash Receipts and Disbursements Report for the Month of March was unanimously approved by motion of Mr. Muir, seconded by Mr. Hardcastle.
City Managers Report for the Month of March
Mr. Hodge reported that three out of five siren locations throughout the City are out of service due to mechanical failure as of April 27, 1978. He explained that a majority of the sirens now being used are beyond repair due to age. It was suggested that Council consider the purchase of at least three new sirens at a cost of $1,800 each.
Chief Baker reported that all volunteers of the Robbins Hose Company have been notified of the situation. He added that two of the smaller sirens have been repaired several times and are beyond future maintenance. The one larger siren has a burned armature and an attempt will be made to correct this malfunction for reinstatement on the audible system.
Questioned by Mr. McDonough, Mayor Legates informed Council that Congressman Evans’ office has called a press conference at 8:00 p.m. to be held at Blue Beach Drive and New Burton Road concerning the Conrail switching activity. The purpose of the conference, hopefully, will be an announcement of plans to remove the switching from the present Dover location.
Mr. Bewick again expressed concern over the fire siren situation, stating that a report should be given to Council by the May 8th meeting or a decision of whether an appropriation of money might be necessary.
Mr. Witt moved that the City Manager investigate the possibility of an appropriation of $5,200 for the purchase of three sirens. The motion was seconded by Mr. Muir.
Mr. Weyandt suggested that a study be initiated on bids for new sirens or the cost of repairs on the old units.
Chief Baker stated that Robbins Hose Company has requested two new sirens in the budget for the last two years. This was for the purpose of replacement on a phase-out type of program. The sirens were subsequently deleted as a budget item each year.
It was generally felt that further study on the cost of new sirens or the possibility of repairs to the old units should be initiated before a final decision is made.
Mr. Witt withdrew his motion, stipulating that an item appear on the May 8, 1978 Council Agenda to facilitate further discussion on the matter. Mr. Muir withdrew his second.
Mr. Weyandt moved that the Acting City Manager, with the assistance of Chief Baker, obtain two bids on necessary repairs of existing sirens and three bids on the purchase of up to three new sirens or as needed and report at the next Council Meeting. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved that the new location for sirens where none exist also be considered in the above mentioned discussion. The motion was seconded by Mr. Carey and unanimously carried.
CANCELLATION - PUBLIC HEARING - STEP II - EPA GRANT
Mr. Hodge informed Council that a letter has been received from the Federal Government, advising that a public hearing set by Council on April 10, 1978 for May 8, 1978 relating to the Step II EPA Grant can be canceled since all requirements have been met in a previous public hearing.
Mr. Witt moved for approval of the City Manager’s report as submitted, seconded by Mr. Weyandt and unanimously carried.
J.P. COURT #7 REPORT - APRIL
A check was received from J.P. Court #7 for the Month of March in the amount of $8,509.09, with deferred payments of $30,641.68.
Mr. Weyandt moved for approval of the report as submitted, seconded by Mr. Carey and unanimously carried.
ANNEXATION RESULTS - WYOMING AVENUE - STATE STREET - GOVERNORS AVENUE
Mr. Willis reported the results of the three separate annexations held on April 14, 1978, incorporating lands adjacent to and south of Wyoming Avenue, State Street, Governors Avenue to Puncheon Run Stream.
The results of the annexation referendums as certified by County officials were as follows:
Annexation Referendum #1
16 For Inclusion 27 Against Inclusion Total - 43
Annexation Referendum #2
4 For Inclusion 0 Against Inclusion Total - 4
Annexation Referendum #3
9 For Inclusion 5 Against Inclusion Total - 14
Mr. Weyandt voiced his objections to annexing property that will front on South Bradford Street and only a portion of the street will be within corporate limits. He questioned the accessibility of City equipment to furnish services for the properties within the annexed area.
Mr. Bewick moved to approve the annexation of Area #3, seconded by Mr. McDonough. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council 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 bordering on the east side of McKee Road and north 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 of 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 City of Dover:
All that certain area of land contiguous to the southerly boundary of the City of Dover, situate in East Dover Hundred, Kent County, Delaware, and being comprised of and more particularly described as follows: the right-of-way of Wyoming Avenue as it extends from the westerly line of South Governors Avenue to the easterly line of South State Street; also, the right-of-way of South Bradford Street as it extends from the southerly side of Wyoming Avenue in a southerly direction to its intersection with the southerly boundary of “South Dover Acres”, a distance of about 504.2' from the southerly side of Wyoming Avenue in a southerly direction to its intersection with the centerline of Puncheon Run Stream; also, all those several lots, pieces and parcels of land being bounded on the north by the southerly line of Wyoming Avenue; on the east in part by the westerly line of South Bradford Street as it abuts lots of “South Dover Acts” recorded in the Kent County Recorder of Deeds Office in plat book 1, page 41; and in part by the extended centerline of South Bradford Street as it abuts lots of Beatrice Berry Lands, recorded in the Kent County Recorder of Deeds Office in plat book 1, page 149, the southeasterly corner of this parcel being about 850.8' south of the southerly line of Wyoming Avenue; on the south by the boundary line separating aforesaid Beatrice Berry Lands from lands now or late of Frank Minner, the southwesterly corner of this parcel being about 958.4' south of the southerly line of Wyoming Avenue; on the west by the easterly line of South Governors Avenue.
Containing 10.65 acres (0.017 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 25th day of April 1978 at 12:01 a.m. o’clock.
ADOPTED APRIL 24, 1978
Mr. Witt raised the question of taxation of the annexed properties for the current year. Mr. Hayes pointed out to Council that persons living in the annexed area have not had the advantages of studying their assessments for at least ten days or the opportunity of appeal as provided by the Charter. City Solicitor Rodriguez concurred with Mr. Hayes’ opinion.
Mr. McDonough moved that the properties annexed in accordance with the resolution be exempt from taxes for the current year. The motion was seconded by Mr. Hardcastle.
Referring to the opinion expressed by City Solicitor Rodriguez on taxation of the annexed properties for the current year and the provisions provided in the Charter, it was the general feeling of Council that a motion to exempt taxes would create a precedent, which is unnecessary.
On the basis of the above, Mr. McDonough withdrew his motion to exempt taxes in the annexed area for the current year as did Mr. Hardcastle his second.
PUBLIC HEARING - HUD COMMUNITY DEVELOPMENT BLOCK GRANT - SMALL CITIES PROGRAM
A public hearing was duly advertised for this time and place pursuant to the Code of Federal regulations, Title 24, chapter 5, part 570-431, subpart F and C, Housing and Urban Development, Community Development Block Grant under the Small Cities Program. Mayor Legates declared the hearing open.
Mayor Legates referred to a letter from the HAZ Corporation received in the Office of the City Clerk on April 24, 1978, requesting funding of $30,000 under the Small Cities Grant Program, to purchase and renovate a building for their various activities and to house administrative staff.
Mr. Hakim Farrakhan addressed Council, stating that the HAZ corporation is a non-profit civic organization that is designed to instill and enhance into the community a sense of leadership, loyalty and citizenship. He explained that HAZ contains four basic bureaus which are instrumental in obtaining the aforementioned goals of the organization. Specifically, these bureaus are educational, awards, cultural appreciation and speakers bureau. The function of the bureaus consist of lectures, educational workshops on municipal and state government, awards and scholarships and appreciation of the culturals of various ethnic groups.
Presentations for pre-application consideration have been submitted by Whatcoat Social Service Agency and Capitol Green Day Care Center, totaling $141,000 that will contain an added contingency for cost overruns. Mayor Legates stated that the City plans to hire a consultant to administer the grant if HUD honors the application or applications as submitted. The hiring of a consultant will take place only when the funds are in the possession of the City.
Mayor Legates entertained a motion from Council, designating the projects that will be submitted to HUD for approval. Based on the assumption that the HAZ Corporation is too late to apply for funds, Mr. Bewick moved that Capitol Green Day Care Center and Whatcoat Social Service Agency be approved for application totaling $141,000, in addition to a contingency to cover cost overruns and consultant fees which would amount to a total application of $150,000. The motion was seconded by Mr. Hardcastle.
Mr. Witt and Mr. Weyandt emphasized that the City of Dover is acting only as an instrument for the organizations to apply for the funds and assumes no other responsibility.
By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Mr. Bewick’s motion was carried.
PUBLIC HEARING - SHALLOW WELL ORDINANCE
A public hearing was duly advertised for this time and place to consider the adoption of an amendment to the Dover Municipal Code to permit the use of shallow wells. Mayor Legates declared the hearing open. There was no one present to speak for or against the shallow well ordinance amendment and no correspondence.
A discussion followed where it was stated that the majority of the shallow wells driven would be for the purpose of boiler replacement water. This water would be recycled and the only loss would occur through evaporation. This amendment would also provide for private resident use although the cost of installation of such a well versus the resident water charge would not warrant such an installation.
Mr. Hodge stated that utilization of shallow wells will curtail the use of palatable water and will have some effect on the water use charges now being billed to industry.
Mayor Legates declared the hearing closed.
Mr. Bewick moved for adoption of the amendment to the Municipal Code for the use of shallow wells, seconded by Mr. Witt. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code shall be amended by adding the following new subsection to be known as Chapter 32, Section 13B and by renumbering the existing Section to Chapter 32, Section 13A; 32-13
B. Shallow wells may be drilled into and water withdrawn from the unconfined aquifers within the limits of the City of Dover subject to the following:
1. All wells shall require a permit from the State of Delaware, Department of Natural Resources or other regulatory agency and the approval of the City of Dover setting forth construction details, design yield, and withdrawal rates.
2. All wells must have the approval of the Delaware State Board of Health or other similar regulatory agency for their intended use.
3. A detailed plan showing well location, well construction, piping plan, and connection details shall be submitted with the application.
4. All wells shall be metered by an approved device and daily pumping records maintained.
5. All water derived from shallow wells shall be used only for boiler makeup, cooling water use, and underground irrigation systems.
6. Any revisions, changes or deviations from the original permit must be in the same manner as the original permit.
7. There shall be no inter connection with any public water supply nor shall the shallow well be used as a potable water supply for human consumption.
8. Private irrigation systems shall be completely underground with no connections or outlets that could be used for human consumption. Irrigation shall be by sprinkler heads.
ADOPTED APRIL 24, 1978
INTERIM APPOINTMENT TO UTILITY COMMITTEE
Mr. Bewick requested that Mayor Legates make an interim appointment to the Utility Committee due to the absence and ill health of Mr. Carson.
Mayor Legates appointed Councilman Witt to the Utility Committee as the interim appointment.
Mr. Bewick moved for confirmation of Mr. Witt’s appointment, seconded by Mr. Muir. By a roll call vote of six (6) yes, one (1) no (Mr. McDonough) and one (1) absent (Mr. Carson) the appointment of Mr. Witt was approved.
PUBLIC HEARING - KENBRIT CORPORATION - SOUTH BRADFORD STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property located on South Bradford Street, owned by Kenbrit Corporation. Mayor Legates declared the hearing open.
Dr. James McClements was present to address Council and stated that the property is owned by local physicians who plan to build a 7,000 square foot medical building on the north end. He assured Council of approximately double the required off-street parking.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Witt. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) the rezoning was approved and Council adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE DESIGNATION OF THE LAND LOCATED ON SOUTH BRADFORD 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 County Commercial Zoning to RG-0.
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 from a County commercial zoning to RG-0 on that property located on South Bradford Street, owned by Kenbrit Corporation.
ADOPTED APRIL 24, 1978
PUBLIC HEARING - MABEL GRIFFITH & EUGENE & MARLENE AUEN - SOUTH NEW STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property located on South New Street, owned by Mabel Griffith and Eugene & Marlene Auen. Mayor Legates declared the hearing open. There was no on present to speak for or against the rezoning and no correspondence. Mayor Legates declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Carey.
Questioned by Mr. McDonough on the use of the proposed building, Mr. Roe stated that the site would be utilized for professional offices, with the possibility of a drugstore which would be leased by someone other than the owners. He added that other uses under the proposed zoning would be convenience retail stores, variety stores, wholesale warehousing, etc.
By a roll call vote of five (5) yes, one (1) no (Mr. McDonough), one (1) not voting (Mr. Witt) and one (1) absent, Council approved the rezoning and 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 SOUTH NEW 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-1A.
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 from RG-1 to C-1A on that property located on South New Street, owned by Mabel Griffith and Eugene & Marlene Auen.
ADOPTED APRIL 24, 1978
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on April 12, 1978 at 5:00 p.m. with Mr. Muir presiding.
Caesar Rodney District Athletic Club - Request for Funds
The Committee considered a request from Mr. William Lagemann, President of the Caesar Rodney District Athletic Club, for a sum of money to assist in expanding two teams of the Pop Warner Football League and expansion of facilities.
It was the recommendation of the Committee to approve a donation of $100.
Mr. Weyandt pointed out that similar requests have denied for organizations who are completely within the limits of the City of Dover. At this point, it was pointed out that 50% of the participants in the League are residents of the City of Dover.
Mr. McDonough moved for the recommendation of the committee, seconded by Mr. Muir.
Mr. Witt moved to amend the motion that would authorize the City Manager to write the State Board of Education asking that all areas within the limits of the City of Dover be included in the Capital School District. The motion was seconded by Mr. McDonough for purposes of discussion.
It was Mr. Bewick’s opinion that it would be a mistake for the City of Dover to become involved in such a complex subject. It was his feeling that this would certainly lead to complicated ramifications from the Caesar Rodney School Board.
Mr. Witt withdrew his motion for an amendment to the motion as did Mr. McDonough his second.
Mr. Witt moved to table the motion for approval of the $100 donation. The tabling motion failed by a voice call vote.
On a call for the question of the main motion, the $100 donation was approved by a vote of six (6) yes, one (1) no (Mr. Witt) and one (1) absent (Mr. Carson).
Designee to Coordinate HUD Funds - Small Cities Program
It was the recommendation of the Committee that coordination of the Community Block Grant under the Small Cities Program being offered by the Department of Housing and Urban Development by placed with the City Manager’s Office.
Mr. Witt moved for approval of the recommendation, seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
SET DATES OF PUBLIC HEARINGS FOR GENERAL FUND AND ELECTRIC FUND
Mr. Hodge explained to Council that federal regulations explicitly outline the necessity of a public hearing for the purpose of presentations for Revenue Sharing monies from the public.
Mr. McDonough moved that a public hearing be held on May 10, 1978 at 7:00 p.m. for the purpose of hearing applicants for Revenue Sharing monies. The motion was seconded by Mr. Muir and unanimously carried.
Mr. Weyandt moved that the first public hearing on the General Fund and Electric Fund Budget for fiscal year 1978-79 be held on May 22, 1978 at 8:00 p.m. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Witt moved that the second public hearing for the General Fund Revised Budget for fiscal year 1977-78 and Proposed Budget for fiscal year 1978-79 and the Revised Electric Fund Budget for 1977-78 and Proposed Budget for fiscal year 1978-79 be held on June 12, 1978 at 8:00 p.m. The motion was seconded by Mr. Weyandt and unanimously carried.
STATUS REPORT - EDA PROJECTS
Mr. Hodge reported that Phase II of the Downtown EDA Project related to installation of water mains is 95% complete. The lines have been pressure tested and after purification will be ready to put into service.
REQUEST FOR DOWNTOWN BAKE SALE - CHURCH OF THE LATTER DAY SAINTS
A request was received from the Church of Jesus Christ of the Latter Day Saints to hold a bake sale on downtown Loockerman Street on May 6, 1978.
Questioned by Mr. McDonough, Mr. Roe stated that Council has historically permitted such a function and said function has never created any difficulty.
Mr. Witt moved to approve the request and that the function be coordinated with the Office of the City Manager and the Chief Inspector. The motion was seconded by Mr. Weyandt and unanimously carried.
REQUEST TO DISPLAY CHICKEN FESTIVAL FRY PAN
A request was received from Mr. George Nemith, President of the Dover Kiwanis, to display the Chicken Festival Giant Fry Pan in the Downtown area at the intersection of Loockerman Street, State Street and Kings Highway. The Fry Pan would be displayed from May 6, 1978 through May 27, 1978.
Mr. Hodge reported that there would be a conflict of dates at this location since the Old Dover Days Ticket Booth stands on the requested spot until May 7, 1978. The Dover Kiwanis Club has altered their requested date of installation until May 9, 1978.
Mr. Witt moved for approval of the request from May 9, 1978 through May 27, 1978 with the installation of the Fry Pan coordinated with the Office of the City Manager. The motion was seconded by Mr. Weyandt and unanimously carried.
MOVING OF THE U.S. POST OFFICE MAIL PROCESSING SERVICE
Mr. Hardcastle reported hearing that the mail processing service in the Dover Post Office will be moved to the Wilmington area. He moved that the City of Dover Council go on record opposing the transfer of the service. The motion was seconded by Mr. McDonough and unanimously carried.
AWARD OF PHASE II - DOWNTOWN DOVER BIDS
Mr. Hodge informed Council that advertisements will be inserted in the newspaper on April 27, 1978 regarding the bids for Phase II - Downtown Dover Revitalization. Plans and specifications will be available on May 1st. A pre-bid meeting will be held on May 17, 1978 and the bid opening on May 24, 1978. He requested a special meeting of Council on May 31, 1978 for the purpose of the City Manager’s recommendation to award the low bid or Council could give the City Manager authority to award the low bid providing it does not exceed the total.
The aforementioned scheduled dates would allow the City engineers only five days to review and analyze the bids. Mr. Carey moved to approve authority for the City Manager to award the low bid. The motion was seconded by Mr. Weyandt.
Mr. McDonough objected, stating that it was his feeling that this would be the responsibility of Council since the bid involves quite a sum of money.
Mr. Witt called for the question. Mr. McDonough requested a vote on the call for the question. On a roll call vote of five no (5) one (1) yes, Mr. Witt, (Mr. Muir and Mr. Carson absent) the call for the question was defeated.
Mr. Witt called for the question and a vote on the authority of the City Manager to award the low bid. By a roll call vote of five (5) no, one (1) yes (Mr. Witt) with Mr. Carson and Mr. Muir absent, the motion failed.
It was generally agreed upon by Council that the City Manager would poll each member by phone before the award of the bid.
REZONING REQUEST - WALTER FAILING, WILLIAM & ANDY WARE & LOUISE FOUNTAIN - DOVER-LEIPSIC ROAD
A request was received from Walter H. Failing, William and Andy Ware and Louise Fountain to rezone property located on the east side of the Dover-Leipsic Road for the purpose of a residential subdivision. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Weyandt, 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the east side of the Dover-Leipsic Road are presently zoned for R-20 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 May 22, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 that property located on the east side of the Dover-Leipsic Road, owned by Walter Failing, William and Andy Ware and Louise Fountain.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 24, 1978
U.S. POST OFFICE - LOCATION OF DRIVE-UP TYPE OF COLLECTION BOXES
A letter was received from Mr. Robert J. Bennett, Postmaster of the Dover Post Office, requesting permission to locate U.S. Mail Collection Boxes (drive-up type) in the following locations.
Oakmont and Merion Court in Fox Hall
Walker Road at the entrance to Bicentennial Village
County Road #88 near the Nichols Store
Roberta and Crawford Street in Schoolview
The letter requested that the City of Dover review the aforementioned locations and advise the Pose Office of any objections, violations of City laws or safety regulations.
Mr. Witt moved to refer the request to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of April 24, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
May 1, 1978
db
The signature of Mayor Charles A. Legates, Jr., on a preceding page, is based on an exception stated in a letter to Council dated April 13, 1978, specifically outlining his disapproval of the section in the Minutes designating the Administrative Assistant to the City Manager, Mrs. Arline Paulson, as HUD Grant Coordinator for funds under the Small Cities Program. Mayor Legates’ letter of disapproval is hereto attached.
Excerpt
APPOINTMENT OF COORDINATOR FOR HUD FUNDS
Mayor Legates informed Council that it would be necessary to designate a person to coordinate the procedures and the application for HUD funds, Community Block Grants, under the Small Cities Program. A public hearing will be held on April 19, 1978 at 8:00 p.m. at which time citizens and groups will present ideas to Council for the $200,000 grant. He suggested referral to the Legislative and Finance Committee for consideration of hiring a part-time employee.
Mr. Witt moved that the Administrative Assistant to the Acting City Manager be designated to coordinate the procedures and application for HUD funds. Mr. Bewick seconded the motion, stating that someone should be designated during the period of time the Legislative and Finance Committee recommends the hiring of a part-time employee as a coordinator.
Mr. Hodge informed Council that the Administrative Assistant, Mrs. Paulson, is now involved in many other grants and did not feel that she has the time to take on a grant which involves entirely new procedures and guidelines.
Following a lengthy discussion, Mr. Hardcastle called for the question of Mr. Witt’s motion to designate the Administrative Assistant as Coordinator of the HUD grant.
By a vote of five (5) yes, two (2) no (Mr. Weyandt and Mr. Carey) with Mr. Carson being absent, the motion was carried.
CHARLES A. LEGATES, JR.
MAYOR