REGULAR MEETING
April 10, 1978
The Regular Meeting of Council was held on April 10, 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. McDonough requested an additional agenda item concerning the Conrail activity in the form of a general report.
Mr. Witt requested an additional agenda item concerning a special committee, appointed by the Mayor to update the Building Code, Fire Code, Plumbing Code and Maintenance Code.
Mr. Hodge requested an additional agenda item related to Council approval of a new federal grant bank account.
Mr. Hodge requested an executive session at some point of the meeting to discuss City of Dover litigation.
PROCLAMATION - KEEP AMERICA BEAUTIFUL
As directed by Mayor Legates, the Clerk read into the official records the following Proclamation. Mayor Legates presented the Proclamation, containing the Seal of the City of Dover, to State Coordinator, Ms. Sherri Evans.
WHEREAS, the indiscriminate dropping, throwing and disposal of litter and other debris throughout the urban and rural areas has blemished the beauty of our land and cities; and
WHEREAS, the collection and disposal of such carelessly thrown litter and debris has incurred substantial expenses to all levels of government, which expenses are borne by the citizens through their tax dollars; and
WHEREAS, the Keep America Beautiful organization, to which the City Council of Dover has lent its support, is sponsoring a “Keep America Beautiful Day” on April 22, 1978.
NOW, THEREFORE, I, Charles A. Legates, Jr., Mayor of the City of Dover, do hereby proclaim April 22, 1978 as “Keep America Beautiful Day” in the City of Dover and urge all citizens to begin today with the habit of collecting and disposing of litter and debris into proper containers and to appreciate to the fullest the beauty of our City.
MINUTES - MARCH 27, 1978
Mr. Weyandt referred to the Minutes of March 27, 1978, under the heading of “Kenbrit Rezoning Request - South Bradford Street”, stating that it was his opinion that this portion of the Minutes are out of order and should be stricken. He questioned Council’s approval of a public hearing to consider the rezoning on April 24, 1978, noting that the area is not presently in the City limits.
It was noted that a precedent had been set in the case of the annexation of the Peterseil Tract, when Council set a date for the public hearing before annexation. However, the annexation results and approval by Council took place consideration of the rezoning during a public hearing.
Mr. Roe explained that the Kenbrit property will be considered in the same manner by Council, in that the annexation approval will be considered on the Agenda before the public hearing to rezone the property on April 24, 1978.
Mayor Legates stated that it would be proper for Council to approve the Minutes as written, since they truly reflect the action of Council, noting Mr. Weyandt’s objection to that particular section.
Mr. Bewick moved for approval of the Minutes as written, seconded by Mr. McDonough.
By a vote of five (5) yes, two (2) no (Mr. Witt and Mr. Weyandt), the Minutes were approved and bore the written approval of Mayor Legates.
RESOLUTION - SPRING CLEAN-UP
By motion of Mr. Weyandt, seconded by Mr. McDonough, Council by a unanimous roll call vote (Mr. Carson absent), adopted the following resolution.
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City, and
WHEREAS, the annual Old Dover Days will be celebrated on May 6th and 7th, 1978.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 24th - May 1st, 1978 be designated Spring Clean-Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Special Clean-Up Week.
3. During said Spring Clean-Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED APRIL 10, 1978
Mr. Weyandt suggested that the news media reflect the contents of the Spring Clean-Up in future articles and radio presentations.
COMMITTEE REPORT - PARKS, PLAYGROUNDS AND TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met in special session on March 29, 1978 at 7:30 p.m. with Chairman Hardcastle presiding.
Chairman Hardcastle briefly outlined the results of the special meeting, which related to the concept of a man-made lake, adjacent to lands owned by Dr. James McClements and north of the Maple Dale Country Club, between the Kenton Road and McKee Road.
He informed Council that the meeting was very productive, in that many technical advisors representing the State and Federal government were present.
After discussion and many suggestions from those present, the Committee recommended that an overview of the project be requested from the Soil Conservation Service to contain specific information on what would be needed in an engineering plan to facilitate a decision on the project. Said plan or overview would be presented to a private engineering firm for quotations on the overall cost.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Muir and unanimously approved.
Mr. Hardcastle emphasized that no commitment to spend City funds has been made up to the present time.
Mr. McDonough moved for approval of the Committee report as submitted, seconded by Mr. Bewick and unanimously carried.
EXECUTIVE SESSION
Mr. Witt moved for a recess to Executive Session for the purpose of discussing litigation. The motion was seconded by Mr. Weyandt and unanimously carried.
J.A. JONES VERSUS THE CITY OF DOVER - LITIGATION
Council reconvened after twenty-five minutes of executive discussion on the J.A. Jones versus City of Dover litigation.
Mr. Hodge informed those present that the law suit had been settled by both parties and the proper papers signed, after almost four years of legal procedures.
Mr. Weyandt moved to accept and approve the settlement of the litigation as reported by Mr. Hodge. The motion was seconded by Mr. Witt and unanimously carried.
CITY VERSUS COUNTY - OWNERSHIP OF PUNCHEON RUN PUMPING STATION
Mr. Bewick moved to initiate arbitration proceedings with the Levy Court over the disagreement of Puncheon Run Sewer and Pumping Station. The motion was seconded by Mr. Hardcastle.
Mr. Witt reminded Council that, if agreed upon, arbitration between the City and County would be binding.
Council approved the motion by a unanimous vote.
TAX APPEALS AND COMMITTEE REPORT - 1978
A public hearing was duly advertised for this time and place to consider the tax appeals for the year 1978. Mayor Legates declared the hearing open.
A report of the Tax Appeals Committee was read into the record by Tax Assessor Hayes. There was no one present for or against appeals of the following properties, as recommended by the Committee. There was no correspondence.
The Tax Appeals Committee recommended that the appeal for a lower assessment by denied on the property of D. Wayne and Helen Q. Holden, 530 American Avenue, Dover, Delaware in the amount of $41,700.
The Tax Appeals Committee recommended that the appeal for a tax exemption be denied to Wesley College, Inc. for the Richard and Robbins property on Kings Highway, Dover, Delaware, in the amount of $449,900.
Explaining that he did not understand the formula for the assessment of new and old structures in the City, Mr. Weyandt moved to table the appeals. Mr. McDonough seconded the motion for the purpose of discussion. Mayor Legates reminded Council of the precedent that would be set by tabling the recommendation of the Tax Appeals Committee after their thorough deliberation.
By a vote of six no, one (1) yes, (Mr. Weyandt) with Mr. Carson absent, the tabling motion was defeated.
Mr. Witt moved for approval of the denial of the tax appeal by the Committee for the property of D. Wayne and Helen Q. Holden, 530 American Avenue, in the amount of $441,700. The motion was seconded by Mr. Bewick and carried by a vote of six (6) yes, one (1) no (Mr. Weyandt) with Mr. Carson being absent.
Mr. Bewick moved for approval of the recommendation of the Tax Appeals Committee on the denial of tax exemption for a property located on Kings Highway, known as the Richardson and Robbins property and owned by Wesley College, Inc., in the amount of $449,900. The motion was seconded by Mr. Carey and unanimously carried, with Mr. Carson being absent.
Mayor Legates declared the hearing closed.
TAX RATE - 1978 - 1979
By motion of Mr. Bewick, seconded by Mr. Muir, Council set the tax rate for the year 1978-79 at 90¢ per $100 of assessed value for the General Fund plus 8¢ per $100 of assessed value for the Library. The motion was carried by a unanimous roll call vote, with Mr. Carson absent.
SHALLOW WELL ORDINANCE - PUBLIC HEARING DATE
Mr. McDonough moved that a public hearing be held on April 24, 1978 at 8:00 p.m. to consider the adoption of a shallow well ordinance. The motion was seconded by Mr. Bewick and unanimously carried.
REGISTRATION HOURS - PUBLIC HEARING DATE
Mr. McDonough moved that a public hearing be set for May 8, 1978 at 8:00 to consider an amendment to the ordinance which restricts the hours of voter registration. The motion was seconded by Mr. Witt and unanimously carried.
STEP II EPA GRANT - SEWER REHABILITATION - PUBLIC HEARING DATE
Mr. Witt moved that a public hearing be held on May 8, 1978 at 8:00 p.m. relating to the Step II EPA Grant Sewer Rehabilitation Program. The motion was seconded by Mr. McDonough and unanimously carried.
DESIGNATION OF AN ENGINEER FOR STEP II EPA GRANT - SEWER REHABILITATION
Mr. Woods informed Council that advertisement in accordance with State statutes has been completed for the purpose of selecting an engineer for the Step II Sewer Rehabilitation Program. Those submitting proposals were narrowed to a field of three engineering firms and the firm of Edward H. Richardson was selected as first choice at a price of $31,185.
Mr. Bewick moved for approval of the above, seconded by Mr. Hardcastle and unanimously carried.
APPOINTMENT FOR 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 and 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 on 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.
WORKSHOP MEETING REPORT - WATER SYSTEM
Mr. Bewick presented a brief report on a Workshop Meeting of the Utility Committee, held on April 3, 1978. Members of the Robbins Hose Company, consultants and Mr. Woods were also present. A presentation by Mr. Woods and the consultants, explained the Water Control System and Water System of the City of Dover, which resulted in an informative and educational meeting for all present.
CORRESPONDENCE
Wesley College - Request to Hold Bluegrass Concert
A letter was received from Miss Alice O’Donnell, Director of Student Activities of Wesley College, requesting to hold a Bluegrass Concert in the Amphitheater of Wesley College on April 20, 1978 from 7:00 p.m. through 8:30 p.m.
Chief Spence explained that he had denied a permit for the function, based on denials by Council for like performances.
Miss O’Donnell was present to explain that she had polled residents of houses on North State Street, directly across from Wesley College. Out of eight houses polled, six affirmative answers were obtained. She added that Bluegrass Music does not incorporate individually amplified instruments, but that microphones and an amplification system would be utilized. Approximately 250 persons are expected to be in attendance.
Mr. Hardcastle reminded Council that the City of Dover is a college town, and therefore it is to be expected that certain events will be held in the open air.
Mr. Hardcastle moved that the Blue Grass Concert be approved as requested. The motion was seconded by Mr. Weyandt.
Mr. Witt stated that he would vote favorably upon a motion that Chief Spence be permitted to issue a permit, but would vote negatively on approving the event.
By a vote of six (6) yes, one (1) no (Mr. Witt), approval of the Blue Grass Concert was carried.
REPORT ON CONRAIL ACTIVITY LITIGATION
Questioned by Mr. McDonough, Mr. Rodriguez stated that the first case tried in District Court is at the point where all briefs have been submitted and are before Senior Judge Steele for decision.
In October of 1977, an application was submitted to EPA for preemptive waiver of a tentative ordinance on use of the area as a switch yard. At the present time, no determination on the application for waiver has been received from EPA. He has been informed on several occasions through personal contact, that the application is under consideration.
Mr. McDonough emphasized the necessity for immediate action, reporting many complaints from residents stating that the activity and the noise has not ceased.
Mr. Bewick suggested a meeting with Congressional representatives and EPA to further discuss the continued activity by Conrail.
Mr. McDonough further alluded to blocked crossing by slow moving and shifting trains. He inquired of Mr. Roe if any dangerous chemicals were being stored in the shifting area.
Mr. Roe reported that his department occasionally inspects cars on the siding but has not seen any significant violations of the storage of dangerous chemicals.
SPECIAL COMMITTEE TO UPDATE BUILDING CODE, FIRE CODE, PLUMBING CODE & MAINTENANCE CODE
Mr. Witt stated that the City of Dover is presently living with various codes that are approximately 11 years old. He suggested a special committee to study and initiate the updating of Building Codes, Fire Codes, Plumbing Code, Maintenance Code and the Energy Conservation Code.
Mr. Roe agreed with Mr. Witt and stated that he has been thinking about the adoption of a Code along the guidelines of the Boca Code.
Mayor Legates stated that he would sit with Mr. Roe for the purpose of forming a committee consisting of persons who are knowledgeable with the various codes incorporated in Mr. Roe’s department.
APPROVAL OF BANK ACCOUNT FOR FEDERAL GRANTS
Mr. Hodge requested permission for the Finance Director to establish an account for the Anti-Recessionary Funds with the Bank of Delaware, where related monies are now deposited.
Mr. Weyandt moved for approval of the request, seconded by Mr. Carey and unanimously carried.
GENERAL INFORMATION
Addressing himself to Mr. Weyandt, Mayor Legates stated that an agenda item concerning the Kenbrit annexation and rezoning would appear on the April 24th Agenda to enable further discussion on the Minutes of March 27, 1978.
Meeting Adjourned at 9:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of April 10, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
April 17, 1978
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